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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0775.01D MN HOUSE BILL 98­1366

STATE OF COLORADO

BY REPRESENTATIVE Musgrave

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING ABSTINENCE EDUCATION GRANTS AVAILABLE PURSUANT TO THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Authorizes the governor, or his or her designee, to implement policies and procedures for the administration and evaluation of a grant­making process to fund abstinence education programs pursuant to the provisions of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996". Requires that any abstinence education program to which the governor awards such a grant shall have all the features described in that federal law.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Part 7 of article 2 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

26­2­723. Abstinence education. (1)  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  TEACHING ABSTINENCE EDUCATION IS CONSISTENT WITH ONE OF THE PRIMARY GOALS OF THE WORKS PROGRAM DESCRIBED IN SECTION 26­2­705 (2) (a), WHICH IS TO ASSIST PARTICIPANTS TO TERMINATE THEIR DEPENDENCE ON GOVERNMENT BENEFITS BY PROMOTING MARRIAGE;

(b)  TEACHING ABSTINENCE EDUCATION IS ALSO CONSISTENT WITH THE REQUIREMENT SET FORTH IN SECTION 26­2­712 (5) (d) THAT THE STATE DEPARTMENT SET GOALS TO REDUCE THE INCIDENCE OF OUT­OF­WEDLOCK PREGNANCIES; AND

(c)  THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996" PROMOTES ABSTINENCE EDUCATION BY PROVIDING AN ALLOTMENT OF FUNDS TO STATES FOR MENTORING, COUNSELING, AND ADULT SUPERVISION PROGRAMS TO PROMOTE ABSTINENCE FROM SEXUAL ACTIVITY WITH A FOCUS ON THOSE GROUPS MOST LIKELY TO BEAR CHILDREN OUT­OF­WEDLOCK.

(2)  Administration. THE GOVERNOR, OR HIS OR HER DESIGNEE, SHALL IMPLEMENT POLICIES AND PROCEDURES FOR THE ADMINISTRATION AND EVALUATION OF A GRANT­MAKING PROCESS TO FUND ABSTINENCE EDUCATION PROGRAMS PURSUANT TO THE PROVISIONS OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996" AND THIS SECTION.

(3)  Requirements. (a)  ANY ABSTINENCE EDUCATION PROGRAM TO WHICH THE GOVERNOR AWARDS A GRANT UNDER THE PROVISIONS OF THIS SECTION SHALL MEET THE REQUIREMENTS OF SECTION 912 OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996" BY CONSTITUTING AN EDUCATIONAL AND MOTIVATIONAL PROGRAM THAT:

(I)  HAS AS ITS EXCLUSIVE PURPOSE TEACHING THE SOCIAL, PSYCHOLOGICAL, AND HEALTH GAINS TO BE REALIZED BY ABSTAINING FROM SEXUAL ACTIVITY;

(II)  TEACHES ABSTINENCE FROM SEXUAL ACTIVITY OUTSIDE MARRIAGE AS THE EXPECTED STANDARD FOR ALL SCHOOL­AGE CHILDREN;

(III)  TEACHES THAT ABSTINENCE FROM SEXUAL ACTIVITY IS THE ONLY CERTAIN WAY TO AVOID OUT­OF­WEDLOCK PREGNANCY, SEXUALLY TRANSMITTED DISEASES, AND OTHER ASSOCIATED HEALTH PROBLEMS;

(IV)  TEACHES THAT A MUTUALLY FAITHFUL MONOGAMOUS RELATIONSHIP IN THE CONTEXT OF MARRIAGE IS THE EXPECTED STANDARD OF HUMAN SEXUAL ACTIVITY;

(V)  TEACHES THAT SEXUAL ACTIVITY OUTSIDE OF THE CONTEXT OF MARRIAGE IS LIKELY TO HAVE HARMFUL PSYCHOLOGICAL AND PHYSICAL EFFECTS;

(VI)  TEACHES THAT BEARING CHILDREN OUT­OF­WEDLOCK IS LIKELY TO HAVE HARMFUL CONSEQUENCES FOR THE CHILD, THE CHILD'S PARENTS, AND SOCIETY;

(VII)  TEACHES YOUNG PEOPLE HOW TO REJECT SEXUAL ADVANCES AND HOW ALCOHOL AND DRUG USE INCREASES VULNERABILITY TO SEXUAL ADVANCES; AND

(VIII)  TEACHES THE IMPORTANCE OF ATTAINING SELF­SUFFICIENCY BEFORE ENGAGING IN SEXUAL ACTIVITY.

(b)  ANY PROGRAM THAT IS AWARDED A GRANT PURSUANT TO THE PROVISIONS OF SECTION 912 OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996" AND THIS SECTION SHALL:

(I)  HAVE ALL THE COMPONENTS DESCRIBED IN SUBPARAGRAPHS (I) TO (VIII) OF PARAGRAPH (a) OF THIS SUBSECTION (3); AND

(II)  BE EVALUATED BASED UPON THE EXTENT TO WHICH THE PROGRAM SUCCESSFULLY COMMUNICATES GOALS SET FORTH IN THE SUBPARAGRAPHS (I) TO (VIII) OF PARAGRAPH (a) OF THIS SUBSECTION (3) AND PROMOTES THE GOALS OF THE WORKS PROGRAM SET FORTH IN SECTION 26­2­705 (2) (a) AND IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.