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Second Regular Session
Sixty-first General Assembly
LLS NO. 980870.01D JGG
HOUSE BILL 981399
STATE OF COLORADO
BY REPRESENTATIVES Hefley, Gotlieb, Epps, and McElhany;
also SENATOR B. Alexander.
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING THE ESTABLISHMENT OF THE COLORADO YOUTH
CHALLENGE CORPS PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Creates the "Colorado Youth Challenge Corps Program Act". Authorizes the department of military affairs to operate a residential youth challenge corps program through the use of national guard civilian employees, facilities, and equipment to provide alternative schools and methods of education for atrisk youth. Defines "atrisk youth" as youth under 18 years of age who have been suspended or expelled from school, who are habitually truant, or who are habitually disruptive in school. Specifies that the youth challenge corps program shall comply with the criteria and conditions specified in the cooperative agreement entered into between the chief of the national guard bureau and the state.
Directs the adjutant general, or such person's designee, to apply for available federal moneys for the implementation and operation of the youth challenge corps program. Authorizes the adjutant general, or such person's designee, to accept grants, gifts, or donations for the purpose of implementing the act.
Establishes the youth challenge corps fund. Identifies
the anticipated receipt of federal funds by the department of
military affairs for the purpose of implementing the youth challenge
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 3 of title 28, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
COLORADO YOUTH CHALLENGE CORPS PROGRAM
2831401. Short title. THIS PART 14 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO YOUTH CHALLENGE CORPS PROGRAM ACT".
2831402. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS THAT:
(a) THE NEED FOR ALTERNATIVE SCHOOLS AND METHODS FOR EDUCATING ATRISK OR DISRUPTIVE YOUTH IS WELL ESTABLISHED;
(b) THE CONGRESS OF THE UNITED STATES OF AMERICA, RECOGNIZING THE NEED FOR SPECIAL PROGRAMS TO ADDRESS ATRISK YOUTH, HAS AUTHORIZED AND APPROPRIATED MONEYS FOR THE USE OF NATIONAL GUARD FACILITIES AND EQUIPMENT FOR THE PROVISION OF EDUCATIONAL ALTERNATIVES DESIGNED TO IMPROVE EMPLOYMENT POTENTIAL AND LIFE SKILLS THROUGH NATIONAL GUARD CHALLENGE PROGRAMS;
(c) AN EVALUATION OF SUCH PROGRAMS FOR ATRISK YOUTH OPERATING IN OTHER STATES INDICATES THAT:
(I) EIGHTY PERCENT OF THE STUDENTS ACCEPTED INTO THE RESIDENT PHASE OF SUCH PROGRAMS GRADUATED FROM THE PROGRAMS;
(II) EIGHTY PERCENT OF THE STUDENTS IN SUCH PROGRAMS WERE PLACED IN SCHOOL OR EMPLOYED AT THE TIME OF GRADUATION FROM THE PROGRAMS;
(III) EIGHTYTHREE PERCENT OF THE STUDENTS ACHIEVED THEIR GED EITHER DURING THE PROGRAM IN WHICH EACH STUDENT PARTICIPATED OR WITHIN ONE YEAR AFTER GRADUATING FROM SUCH PROGRAM; AND
(IV) LESS THAN ONE PERCENT OF THE STUDENTS PARTICIPATING IN THE PROGRAMS WERE INCARCERATED WITHIN ONE YEAR OF GRADUATING FROM SUCH PROGRAMS;
(d) THE DEPARTMENT OF MILITARY AFFAIRS HAS OPERATED THE YOUTH CONSERVATION PROGRAM TO HELP MEET THE NEEDS OF ATRISK YOUTH WITHIN THE STATE OF COLORADO BUT THAT THE AUTHORITY TO OPERATE A YOUTH CHALLENGE CORPS PROGRAM THROUGH THE USE OF FEDERAL MONEYS AND NATIONAL GUARD PERSONNEL, FACILITIES, AND EQUIPMENT WOULD SIGNIFICANTLY ENHANCE THE ABILITY OF THE DEPARTMENT TO SERVE ATRISK YOUTH;
(e) THE USE OF NATIONAL GUARD CIVILIAN PERSONNEL, FACILITIES, AND EQUIPMENT WOULD REDUCE THE PERSTUDENT ADMINISTRATIVE COST ASSOCIATED WITH THE OPERATION OF SUCH A YOUTH CHALLENGE CORPS PROGRAM; AND
(f) THE USE OF NATIONAL GUARD CONTRACTED CIVILIAN PERSONNEL TO IMPLEMENT A YOUTH CHALLENGE CORPS PROGRAM WOULD BENEFIT THE YOUTH PARTICIPATING IN THE PROGRAM BY PROVIDING AN ALTERNATIVE EDUCATIONAL OPPORTUNITY AND INCREASED EMPLOYMENT POTENTIAL AND LIFE SKILLS. IT ALSO WOULD AFFORD THE NATIONAL GUARD PERSONNEL WITH THE OPPORTUNITY TO HONE THEIR LEADERSHIP SKILLS.
(2) THEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT IT WOULD BE BENEFICIAL TO THE PEOPLE OF THE STATE OF COLORADO TO AUTHORIZE THE DEPARTMENT OF MILITARY AFFAIRS TO OPERATE A YOUTH CHALLENGE CORPS PROGRAM AND TO TAKE ADVANTAGE OF THE OPPORTUNITY TO USE CONTRACTED CIVILIAN PERSONNEL, FACILITIES, AND EQUIPMENT OF THE NATIONAL GUARD AND ANY FEDERAL FUNDING THAT MAY BE AVAILABLE FOR SUCH A PROGRAM AS AUTHORIZED BY FEDERAL LAW.
2831403. Definitions. AS USED IN THIS PART 14:
(1) "ATRISK YOUTH" MEANS YOUTH WHO ARE LESS THAN EIGHTEEN YEARS OF AGE AND WHO HAVE BEEN SUSPENDED OR EXPELLED FROM SCHOOL, WHO ARE HABITUALLY TRUANT, OR WHO ARE OTHERWISE HABITUALLY DISRUPTIVE IN SCHOOL.
(2) "DEPARTMENT" MEANS THE DEPARTMENT OF MILITARY AFFAIRS.
(3) "GENERAL EDUCATIONAL DEVELOPMENT TESTS" OR "GED" MEANS THE BATTERY OF TESTS GIVEN AT AN AUTHORIZED TESTING CENTER, WHICH TESTS ARE DESIGNED AND PUBLISHED BY THE GED TESTING SERVICE OF THE AMERICAN COUNCIL ON EDUCATION TO MEASURE THE MAJOR OUTCOMES AND CONCEPTS GENERALLY ASSOCIATED WITH FOUR YEARS OF HIGH SCHOOL EDUCATION. EACH GED TESTING CENTER MUST HAVE A CURRENT CONTRACT WITH THE AMERICAN COUNCIL ON EDUCATION AND BE AUTHORIZED BY THE COMMISSIONER OF EDUCATION.
2831404. Youth challenge corps program authority youth challenge corps fund. (1) THE DEPARTMENT IS HEREBY AUTHORIZED TO OPERATE A RESIDENTIAL YOUTH CHALLENGE CORPS PROGRAM THROUGH THE USE OF NATIONAL GUARD CONTRACTED CIVILIAN PERSONNEL, FACILITIES, AND EQUIPMENT FOR THE PURPOSE OF PROVIDING ALTERNATIVE SCHOOLS AND METHODS OF EDUCATION FOR ATRISK YOUTH AND TO ASSIST SUCH YOUTH IN THE ATTAINMENT OF THEIR HIGH SCHOOL DIPLOMAS OR GED'S AND INCREASED EMPLOYMENT POTENTIAL AND LIFE SKILLS. THE STARTUP COSTS ASSOCIATED WITH THE IMPLEMENTATION OF A YOUTH CHALLENGE CORPS PROGRAM SHALL BE MET WITHIN EXISTING APPROPRIATIONS.
(2) THE RESIDENTIAL YOUTH CHALLENGE CORPS PROGRAM OPERATED PURSUANT TO THIS SECTION SHALL COMPLY WITH THE CRITERIA AND CONDITIONS SPECIFIED IN THE COOPERATIVE AGREEMENT ENTERED INTO BETWEEN THE CHIEF OF THE NATIONAL GUARD BUREAU AND THE STATE.
(3) THE ADJUTANT GENERAL OF THE DEPARTMENT OR THE ADJUTANT GENERAL'S DESIGNEE IS DIRECTED TO APPLY FOR ANY FEDERAL MONEYS THAT MAY BE AVAILABLE TO THE STATE FOR THE IMPLEMENTATION AND OPERATION OF A YOUTH CHALLENGE CORPS PROGRAM AS DESCRIBED IN THIS PART 14.
(4) (a) THE ADJUTANT GENERAL OF THE DEPARTMENT OR THE ADJUTANT GENERAL'S DESIGNEE IS AUTHORIZED TO ACCEPT ON BEHALF OF THE STATE ANY GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE, INDIVIDUAL, OR NONPROFIT OR FORPROFIT ORGANIZATION AND ANY MONEYS FROM ANY STATE OR LOCAL DEPARTMENT OR AGENCY FOR THE PURPOSE OF IMPLEMENTING THIS PART 14; EXCEPT THAT NO GRANT, GIFT, OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO THE GRANT, GIFT, OR DONATION REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.
(b) ALL PRIVATE AND PUBLIC MONEYS RECEIVED THROUGH GRANTS, GIFTS, DONATIONS, OR OTHERWISE FOR THE PURPOSES OF THIS PART 14 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE YOUTH CHALLENGE CORPS FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE YOUTH CHALLENGE CORPS FUND SHALL BE SUBJECT TO CONTINUOUS APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS PART 14. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE YOUTH CHALLENGE CORPS FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE YOUTH CHALLENGE CORPS FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND AT THE END OF ANY FISCAL YEAR.
SECTION 2. Federal funds. The general assembly anticipates that, for the fiscal year beginning July 1, 1998, the department of military affairs will receive the sum of two million one hundred thousand dollars ($2,100,000) in federal funds for the implementation of this act. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds.
SECTION 3. Appropriation. (1) On July 1, 1998, the state treasurer shall deduct seven hundred thousand dollars ($700,000) from the schools of choice fund created in section 2236105, Colorado Revised Statutes, and transfer such sum to the youth challenge corps fund created in section 2831404, Colorado Revised Statutes.
(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the youth challenge corps fund created in section 2831404, Colorado Revised Statutes, not otherwise appropriated, to the department of military affairs, for the fiscal year beginning July 1, 1998, the sum of seven hundred thousand dollars ($700,000), or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. 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.