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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0139.01 JAP SENATE BILL 98­080

STATE OF COLORADO

BY SENATOR Rupert;

also REPRESENTATIVE Romero.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING MEASURES TO SUPPORT COMMUNITY CONFLICT RESOLUTION ALTERNATIVES.

Bill Summary

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

Creates the community conflict resolution committee in the legislative department to study and support community conflict resolution programs and suggest legislation to support community conflict resolution efforts. Specifies the membership, powers, and duties of the committee. Instructs the committee to work in cooperation with the community conflict resolution trust fund board.

Creates the community conflict resolution trust fund board in the department of local affairs to solicit funds for and issue grants from the community conflict resolution trust fund. Specifies the members, powers, and duties of the board. Provides that the board is to issue grants in support of community conflict resolution programs. Instructs the board to work in cooperation with the community conflict resolution committee.

Creates the community conflict resolution trust fund. Limits the sources of moneys for the trust fund to federal grants and private contributions. Specifies the minimum purposes for which moneys may be disbursed from the trust fund by the community conflict resolution trust fund board.

Repeals the act, effective July 1, 2008. Provides for review prior to repeal.

Makes a conforming amendment.

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

SECTION 1.  Article 3 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 15

COMMUNITY CONFLICT RESOLUTION ALTERNATIVES

2­3­1501.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(a)  CONFLICT BETWEEN AND AMONG CHILDREN AND BETWEEN AND AMONG ADULTS, INDIVIDUALLY AND IN GROUPS, TOO OFTEN RESULTS IN VIOLENCE AND COSTLY DAMAGE TO PERSONS AND PROPERTY;

(b)  PEOPLE IN MANY DISCIPLINES HAVE DEVELOPED A VARIETY OF TOOLS AND STRATEGIES TO APPLY IN RESOLVING AND MEDIATING CONFLICTS;

(c)  TEACHING CHILDREN AND ADULTS METHODS OF CONFLICT RESOLUTION, INCLUDING ANGER MANAGEMENT, WILL REDUCE THE OCCURRENCE OF CONFLICT AND VIOLENCE IN SOCIETY BY ENABLING CHILDREN AND ADULTS TO REACH PRODUCTIVE, NONVIOLENT, MUTUALLY SATISFACTORY RESOLUTIONS TO THE ISSUES AND DISAGREEMENTS THAT CONFRONT THEM;

(d)  REDUCING THE OCCURRENCE OF VIOLENCE IN SOCIETY WILL RESULT IN A REDUCTION IN THE NUMBER OF ADJUDICATED JUVENILES AND CONVICTED ADULTS AND A RESULTING REDUCTION IN THE NEED FOR JUVENILE FACILITY AND PRISON BEDS;

(e)  SEVERAL PUBLIC AND PRIVATE ENTITIES CURRENTLY PROVIDE CONFLICT RESOLUTION PROGRAMS TO INDIVIDUALS, GROUPS, AND COMMUNITIES TO EDUCATE THEM IN THE USE OF CONFLICT RESOLUTION TECHNIQUES AND TO ASSIST THEM IN MEDIATING AND RESOLVING CONFLICTS;

(f)  LEGISLATIVE ENCOURAGEMENT AND SUPPORT FOR COMMUNITY CONFLICT RESOLUTION PROGRAMS WILL REDUCE THE OCCURRENCE OF VIOLENCE AND ITS CONSEQUENCES, THEREBY INCREASING THE PUBLIC SAFETY AND WELFARE;

(g)  LEGISLATIVE ENCOURAGEMENT AND SUPPORT FOR COMMUNITY CONFLICT RESOLUTION PROGRAMS WILL REDUCE THE INDIVIDUAL AND STATE COSTS OF UNNECESSARY LITIGATION.

2­3­1502.  Definitions. AS USED IN THIS PART 15, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "BOARD" MEANS THE COMMUNITY CONFLICT RESOLUTION TRUST FUND BOARD CREATED IN SECTION 2­3­1505.

(2)  "COMMITTEE" MEANS THE COMMUNITY CONFLICT RESOLUTION COMMITTEE CREATED IN SECTION 2­3­1503.

(3)  "COMMUNITY CONFLICT RESOLUTION PROGRAM" MEANS A PROGRAM OPERATED BY A PUBLIC OR PRIVATE ENTITY, INCLUDING BUT NOT LIMITED TO A COMMUNITY­BASED ORGANIZATION OR A SCHOOL DISTRICT, THAT PROVIDES EDUCATION AND ASSISTANCE TO INDIVIDUALS AND GROUPS TO ASSIST THEM IN RESOLVING CONFLICTS IN A PRODUCTIVE, NONVIOLENT MANNER. A "COMMUNITY CONFLICT RESOLUTION PROGRAM" SHALL ADDRESS CONFLICTS ARISING FROM, BUT NOT LIMITED TO, ISSUES INVOLVING INTER­GENERATIONAL DIFFERENCES, RACE, ANCESTRY, RELIGION, NATIONAL ORIGIN, CULTURE, GENDER, AGE, DISABILITY, OR SEXUAL ORIENTATION.

(4)  "TRUST FUND" MEANS THE COMMUNITY CONFLICT RESOLUTION TRUST FUND CREATED IN SECTION 2­3­1507.

2­3­1503.  Conflict resolution alternatives ­ committee established ­ membership ­ organizational meeting. (1)  THERE IS HEREBY CREATED IN THE LEGISLATIVE DEPARTMENT THE COMMUNITY CONFLICT RESOLUTION COMMITTEE.

(2)  THE COMMITTEE SHALL CONSIST OF EIGHTEEN MEMBERS WHO SHALL BE APPOINTED AS FOLLOWS:

(a)  NINE SENATORS APPOINTED BY THE PRESIDENT OF THE SENATE, NOT MORE THAN FIVE OF WHOM SHALL BE FROM THE SAME POLITICAL PARTY. OF THE SENATORS APPOINTED, AT LEAST ONE MEMBER OF EACH OF THE FOLLOWING COMMITTEES OF REFERENCE SHALL BE APPOINTED: JUDICIARY; HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS; EDUCATION; BUSINESS AFFAIRS AND LABOR; AND APPROPRIATIONS.

(b)  NINE REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NOT MORE THAN FIVE OF WHOM SHALL BE FROM THE SAME POLITICAL PARTY. OF THE REPRESENTATIVES APPOINTED, AT LEAST ONE MEMBER OF EACH OF THE FOLLOWING COMMITTEES OF REFERENCE SHALL BE APPOINTED: JUDICIARY; HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS; EDUCATION; BUSINESS AFFAIRS AND LABOR; AND APPROPRIATIONS.

(3)  APPOINTMENTS TO THE COMMITTEE SHALL BE MADE NO LATER THAN SIXTY DAYS AFTER THE CONVENING OF THE FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY HELD IN EACH ODD­NUMBERED YEAR. MEMBERSHIP ON THE COMMITTEE SHALL TERMINATE WITH THE APPOINTMENT OF A MEMBER'S SUCCESSOR OR UPON THE TERMINATION OF A MEMBER'S TERM OF OFFICE IN THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. ANY MEMBER MAY BE APPOINTED TO SUCCEED HIMSELF OR HERSELF ON THE COMMITTEE. VACANCIES IN THE COMMITTEE'S MEMBERSHIP SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.

(4)  THE COMMITTEE SHALL HOLD AN ORGANIZATIONAL MEETING NO LATER THAN SIXTY DAYS AFTER THE INITIAL APPOINTMENTS TO THE COMMITTEE. THE COMMITTEE MEMBER WITH THE GREATEST NUMBER OF YEARS OF CONTINUOUS SERVICE IN THE GENERAL ASSEMBLY SHALL CONVENE THE ORGANIZATIONAL MEETING. THE COMMITTEE SHALL ELECT FROM AMONG ITS MEMBERSHIP A CHAIRPERSON, A VICE­CHAIRPERSON, AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY, AND IT SHALL PRESCRIBE ITS OWN RULES OF PROCEDURE.

(5)  THE COMMITTEE SHALL MEET AT LEAST QUARTERLY. THE COMMITTEE MAY HOLD ADDITIONAL MEETINGS WHEN THE CHAIRPERSON DEEMS THAT ADDITIONAL MEETINGS ARE NECESSARY TO ACCOMPLISH THE COMMITTEE'S DUTIES, AS STATED IN SECTION 2­3­1504. MEMBERS OF THE COMMITTEE SHALL BE ENTITLED TO COMPENSATION FOR ATTENDANCE AT COMMITTEE MEETINGS, OR MEETINGS OF ANY SUBCOMMITTEE THEREOF, AT THE SAME RATE AND IN THE SAME MANNER AS WHEN ATTENDING MEETINGS OF INTERIM COMMITTEES AUTHORIZED BY LAW UNDER SECTION 2­2­307.

2­3­1504.  Community conflict resolution committee ­ powers and duties ­ staff. (1)  THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS:

(a)  TO CREATE SUBCOMMITTEES FROM THE MEMBERSHIP OF THE COMMITTEE TO ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES;

(b)  TO SUGGEST THAT COMMITTEES OF REFERENCE OF THE GENERAL ASSEMBLY, THE JOINT BUDGET COMMITTEE, OR ANY AGENCY OR ENTITY OF STATE GOVERNMENT STUDY AND REPORT ON DESIGNATED POLICY MATTERS RELATING TO CONFLICT RESOLUTION;

(c)  TO CONDUCT SUCH PUBLIC HEARINGS AND MEETINGS THROUGHOUT THE STATE AS MAY BE NECESSARY TO ACCOMPLISH THE DUTIES SPECIFIED IN SUBSECTION (2) OF THIS SECTION;

(d)  TO CONTRACT FOR TECHNICAL OR PROFESSIONAL SERVICES, SUBJECT TO AVAILABLE APPROPRIATIONS; AND

(e)  TO REQUEST STAFF SERVICES FROM THE LEGISLATIVE COUNCIL STAFF, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, AND OTHER AGENCIES OF STATE GOVERNMENT AS NECESSARY TO ACCOMPLISH THE DUTIES SPECIFIED IN SUBSECTION (2) OF THIS SECTION.

(2)  THE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES:

(a)  TO STUDY THE SOURCES OF CONFLICT WITHIN COMMUNITIES AND AMONG INDIVIDUALS AND THE ALTERNATIVES FOR RESOLVING CONFLICT IN PRODUCTIVE, MUTUALLY AGREEABLE, NONVIOLENT WAYS;

(b)  TO STUDY AND ENCOURAGE COMMUNITY CONFLICT RESOLUTION PROGRAMS AVAILABLE TO COMMUNITIES AND INDIVIDUALS THROUGHOUT THE STATE;

(c)  TO SEEK OUT AND ENCOURAGE PROGRAMS THAT FOCUS ON COMMUNITY CONFLICT RESOLUTION ALTERNATIVES;

(d)  TO REVIEW STATUTES AND REGULATIONS AND RECOMMEND LEGISLATION TO SUPPORT AND ENCOURAGE PUBLIC AND PRIVATE COMMUNITY CONFLICT RESOLUTION PROGRAMS AND ALTERNATIVES; AND

(e)  TO PROVIDE A LIST OF AVAILABLE PUBLIC AND PRIVATE COMMUNITY CONFLICT RESOLUTION ALTERNATIVES.

(3)  IN PERFORMING ITS DUTIES PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE COMMITTEE SHALL WORK IN COOPERATION WITH THE BOARD. IN ADDITION, THE COMMITTEE SHALL WORK IN COOPERATION WITH THE BOARD IN PROVIDING FOR THE COORDINATION AND EXCHANGE OF INFORMATION ON THE ESTABLISHMENT AND MAINTENANCE OF COMMUNITY CONFLICT RESOLUTION PROGRAMS.

(4)  LEGISLATIVE CHANGES RECOMMENDED BY THE COMMITTEE SHALL BE TREATED AS BILLS RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY.

2­3­1505.  Community conflict resolution trust fund board ­ creation ­ members. (1)  THERE IS HEREBY CREATED, IN THE DEPARTMENT OF LOCAL AFFAIRS, THE COMMUNITY CONFLICT RESOLUTION TRUST FUND BOARD. THE BOARD SHALL EXERCISE ITS POWERS AND DUTIES AS IF THE SAME WERE TRANSFERRED BY A TYPE 2 TRANSFER.

(2)  THE BOARD SHALL CONSIST OF NINE MEMBERS, AS FOLLOWS:

(a)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS, OR HIS OR HER DESIGNEE;

(b)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR HIS OR HER DESIGNEE;

(c)  SEVEN PERSONS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE. OF THE MEMBERS APPOINTED, THE GOVERNOR SHALL SELECT ONE MEMBER TO REPRESENT EACH OF THE FOLLOWING AREAS:

(I)  ELEMENTARY AND SECONDARY EDUCATION;

(II)  HIGHER EDUCATION;

(III)  MENTAL HEALTH;

(IV)  LOCAL LAW ENFORCEMENT;

(V)  NEIGHBORHOOD ASSOCIATIONS;

(VI)  YOUTH SERVICES; AND

(VII)  MEDIATION ORGANIZATIONS OR SERVICE PROVIDERS.

(3) (a)  THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE BOARD ON OR BEFORE JULY 1, 1998. EACH APPOINTED MEMBER OF THE BOARD SHALL SERVE A TERM OF THREE YEARS; EXCEPT THE ORIGINAL MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE STAGGERED TERMS OF ONE, TWO, OR THREE YEARS, AT THE GOVERNOR'S DISCRETION. ANY MEMBER MAY BE APPOINTED TO SUCCEED HIMSELF OR HERSELF.

(b)  A VACANCY ON THE BOARD SHALL BE FILLED IN ACCORDANCE WITH THE ORIGINAL APPOINTMENT FOR THE BALANCE OF THE TERM.

(4) (a)  THE BOARD SHALL HOLD AN ORGANIZATIONAL MEETING NO LATER THAN SIXTY DAYS AFTER THE INITIAL APPOINTMENTS TO THE BOARD. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS, OR HIS OR HER DESIGNEE, SHALL CONVENE THE ORGANIZATIONAL MEETING. THE BOARD SHALL ELECT FROM AMONG ITS MEMBERSHIP A CHAIRPERSON, A VICE­CHAIRPERSON, AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY, AND IT SHALL PRESCRIBE ITS OWN RULES OF PROCEDURE.

(b)  THE BOARD SHALL MEET AT LEAST QUARTERLY. THE BOARD MAY HOLD ADDITIONAL MEETINGS WHEN THE CHAIRPERSON DEEMS THAT ADDITIONAL MEETINGS ARE NECESSARY TO ACCOMPLISH THE BOARD'S DUTIES, AS STATED IN SECTION 2­3­1506.

(5)  BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.

2­3­1506.  Community conflict resolution trust fund board ­ duties. (1)  THE BOARD SHALL HAVE THE FOLLOWING DUTIES:

(a)  TO COOPERATE WITH THE COMMITTEE AND TO ASSIST IN PROVIDING FOR THE COORDINATION AND EXCHANGE OF INFORMATION ON THE ESTABLISHMENT AND MAINTENANCE OF COMMUNITY CONFLICT RESOLUTION PROJECTS;

(b)  TO SOLICIT AND ACCEPT GRANTS FROM THE FEDERAL GOVERNMENT AND CONTRIBUTIONS, GRANTS, GIFTS, BEQUESTS, AND DONATIONS FROM INDIVIDUALS, PRIVATE ORGANIZATIONS, AND FOUNDATIONS;

(c)  TO EXPEND MONEYS OF THE TRUST FUND FOR THE ESTABLISHMENT, PROMOTION, AND MAINTENANCE OF COMMUNITY CONFLICT RESOLUTION PROGRAMS, INCLUDING PILOT PROGRAMS;

(d)  TO DEVELOP AND PUBLICIZE PROCEDURES BY WHICH PUBLIC AND PRIVATE ENTITIES MAY APPLY FOR GRANTS FROM THE TRUST FUND;

(e)  TO DEVELOP AND PUBLICIZE CRITERIA REGARDING GRANTS FROM THE TRUST FUND, INCLUDING THE DURATION OF GRANTS AND ANY REQUIREMENTS FOR MATCHING FUNDS THAT ARE RECEIVED FROM THE TRUST FUND;

(f)  TO ESTABLISH A CLASSIFICATION SYSTEM FOR POTENTIAL RECIPIENTS BASED ON FINANCIAL NEED AND, IN AWARDING GRANTS, TO GIVE PRIORITY TO THOSE CLASSIFIED AS MOST FINANCIALLY NEEDY;

(g)  TO REVIEW AND MONITOR THE EXPENDITURE OF MONEYS BY RECIPIENTS;

(h)  TO CONTRACT WITH AN INDEPENDENT AUDITOR FOR A YEARLY FINANCIAL AUDIT. COPIES OF THIS AUDIT SHALL BE SENT TO THE STATE AUDITOR AND MEMBERS OF THE COMMUNITY CONFLICT RESOLUTION COMMITTEE AND THE JOINT BUDGET COMMITTEE. MONEYS IN THE TRUST FUND SHALL BE EXPENDED FOR THE YEARLY FINANCIAL AUDIT.

(i)  TO EXERCISE ANY OTHER POWERS OR PERFORM ANY OTHER DUTIES THAT ARE CONSISTENT WITH THE PURPOSES FOR WHICH THE BOARD WAS CREATED AND THAT ARE REASONABLY NECESSARY FOR THE FULFILLMENT OF THE BOARD'S RESPONSIBILITIES.

2­3­1507.   Community conflict resolution trust fund ­ creation ­ sources of funds ­ disbursement. (1)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE COMMUNITY CONFLICT RESOLUTION TRUST FUND, WHICH SHALL BE ADMINISTERED BY THE BOARD AND WHICH SHALL CONSIST OF ALL MONEYS COLLECTED BY THE BOARD PURSUANT TO SECTION 2­3­1506 (1) (b) FROM FEDERAL GRANTS AND OTHER CONTRIBUTIONS, GRANTS, GIFTS, BEQUESTS, AND DONATIONS. SUCH MONEYS SHALL BE TRANSMITTED TO THE STATE TREASURER FOR CREDIT TO THE TRUST FUND.

(2)  ALL MONEYS IN THE TRUST FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE TRUST FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR. ANY INTEREST DERIVED FROM THE DEPOSIT OR INVESTMENT OF MONEYS IN THE TRUST FUND SHALL BE CREDITED TO THE TRUST FUND.

(3)  THE BOARD MAY AWARD GRANTS FROM THE TRUST FUND TO SUPPORT AND ENCOURAGE COMMUNITY CONFLICT RESOLUTION PROGRAMS. AT A MINIMUM SUCH SUPPORT SHALL INCLUDE:

(a)  PROVIDING MONEYS FOR THE START­UP, CONTINUANCE, OR EXPANSION OF COMMUNITY CONFLICT RESOLUTION PROGRAMS, INCLUDING BUT NOT LIMITED TO PILOT PROGRAMS;

(b)  PROVIDING EDUCATIONAL AND PUBLIC INFORMATIONAL SEMINARS; AND

(c)  STUDYING AND EVALUATING COMMUNITY CONFLICT RESOLUTION PROGRAMS.

2­3­1508.  Repeal of part. (1)  THIS PART 15 IS REPEALED, EFFECTIVE JULY 1, 2008.

(2)  PRIOR TO SAID REPEAL, THE BOARD SHALL BE REVIEWED AS PROVIDED IN SECTION 2­3­1203 (3).

SECTION 2.  24­1­125, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­1­125.  Department of local affairs ­ creation ­ repeal. (10) (a)  THE COMMUNITY CONFLICT RESOLUTION TRUST FUND BOARD, CREATED BY PART 15 OF ARTICLE 3 OF TITLE 2, C.R.S., SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS AS IF THE SAME WERE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF LOCAL AFFAIRS.

(b)  THIS SUBSECTION (10) IS REPEALED, EFFECTIVE JULY 1, 2008.

SECTION 3.  2­3­1203 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

2­3­1203. Sunset review of advisory committees. (3)  The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal:

(t)  RESERVED.

(u)  JULY 1, 2008: THE COMMUNITY CONFLICT RESOLUTION TRUST FUND BOARD, APPOINTED PURSUANT TO SECTION 2­3­1505.

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.