Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0368.01 Richard Sweetman x4333SENATE BILL 12-098 SENATE SPONSORSHIP Williams S., Aguilar, Giron, Tochtrop HOUSE SPONSORSHIP Massey, Senate Committees House Committees Education A BILL FOR AN ACT Concerning cardiopulmonary resuscitation training in public schools. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) On and after September 1, 2012, each public school, charter school, and institute charter school (public school) that offers instruction to students in any of grades 9 through 12 shall offer to each student training in cardiopulmonary resuscitation and the use of an automated external defibrillator (CPR/AED training). Each public school that offers instruction to students in grade 12 shall require each student to successfully complete CPR/AED training during his or her 12th-grade year or any of the preceding 5 years as a condition of his or her graduation from the 12th grade. CPR/AED training shall be based on an instructional program that incorporates psychomotor skills development. The school cardiopulmonary resuscitation and automated external defibrillator training cash fund (fund) is established in the state treasury. The department of education may not use more than 5% of moneys annually expended for expenses to administer the fund. The department may seek, accept, and expend gifts, grants, and donations from public and private sources for the fund. The department shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the purpose of providing CPR/AED training. A public school may seek, accept, and expend gifts, grants, and donations from public and private sources for the purpose of providing CPR/AED training. A public school may also apply for and receive moneys from the fund for the purpose of providing CPR/AED training. The state board of education shall promulgate rules for the implementation of CPR/AED training, including but not limited to (1) procedures for monitoring and ensuring the compliance of public schools with the new statutory provisions; and (2) a process by which a public school may apply for and receive moneys from the fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-1-128 as follows: 22-1-128. Instruction in cardiopulmonary resuscitation required - definitions - rules - fund created - notice of funding through gifts, grants, and donations - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education created pursuant to section 24-1-115, C.R.S. (b) "Fund" means the school cardiopulmonary resuscitation and automated external defibrillator training cash fund created in subsection (6) of this section. (c) "Psychomotor skills development" means the use of hands-on practicing and skills testing to support cognitive learning. (2) (a) On and after September 1, 2012, each public school, charter school, and institute charter school that offers instruction to students in any of grades nine through twelve shall offer to each student training in cardiopulmonary resuscitation and the use of an automated external defibrillator. (b) On and after September 1, 2012, each public school, charter school, and institute charter school that offers instruction to students in grade twelve shall require each student to successfully complete during his or her twelfth-grade year or any of the preceding five years a training curriculum in cardiopulmonary resuscitation and the use of an automated external defibrillator, which training curriculum was offered by a public school pursuant to this subsection (2) or by a public or private entity that is recognized as a qualified provider of cardiopulmonary resuscitation training by a national nonprofit agency that has a mission to certify providers of cardiopulmonary resuscitation training. (3) The training described in subsection (2) of this section shall incorporate psychomotor skills development. (4) The state board of education shall promulgate rules for the implementation of this section, including but not limited to: (a) Procedures for monitoring and ensuring the compliance of public schools, charter schools, and institute charter schools with the provisions of this section; (b) A process by which a public school, charter school, or institute charter school may apply for and receive moneys from the fund for the purposes of this section. (5) (a) A public school, charter school, or institute charter school may seek, accept, and expend gifts, grants, and donations from public and private sources for the purposes of satisfying the requirements of this section; except that a public school, charter school, or institute charter school shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. (b) A public school, charter school, or institute charter school may apply for and receive moneys from the fund for the purposes of this section in accordance with the process established by rules promulgated by the state board pursuant to paragraph (b) of subsection (4) of this section. (6) (a) There is hereby established in the state treasury the school cardiopulmonary resuscitation and automated external defibrillator training cash fund. The fund shall consist of moneys transferred thereto pursuant to paragraph (d) of this subsection (6) and any other moneys that may be made available by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this section. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided in section 24-36-113, C.R.S. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or to any other fund. (b) The department may not expend more than five percent of the moneys annually expended from the fund to administer this section. (c) General fund moneys shall not be appropriated to the fund for the implementation of this section. (d) The department may seek, accept, and expend gifts, grants, and donations from public and private sources to implement this section; except that the department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. The department shall transfer all private and public moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the fund. (e) Nothing in this section requires the department of education to solicit moneys for the purposes of this section. (f) (I) The department shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the purposes of this section and shall include in the notification the information specified in section 24-75-1303 (3), C.R.S. (II) This paragraph (f) is repealed, effective August 8, 2015. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.