SENATE BILL 98128
BY SENATOR Wells;
also REPRESENTATIVES Smith, K. Alexander, Dyer,
Kreutz, Leyba, Nichol, and S. Williams.
CONCERNING THE PREPAID POSTSECONDARY EDUCATION EXPENSE
TRUST PROGRAM.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 233.3205,
Colorado Revised Statutes, is amended to read:
233.3205. Dependents of
deceased or permanently disabled national guardsman, law enforcement
officer, or firefighter. (1) (a) Any
dependent of a person who died or was permanently disabled while
on state active duty, federalized active duty, or authorized training
duty as a Colorado national guardsman or any dependent of any
person who has been permanently disabled or killed while acting
to preserve the public peace, health, and safety in the capacity
of police officer, sheriff, or other law enforcement officer or
firefighter, upon being accepted for enrollment into any institution,
shall be permitted to pursue studies leading toward a bachelor's
degree or a certificate of completion, free of tuition, for so
long as said dependent achieves and maintains standards as set
by the institution for its students generally, but said benefits
shall not be extended beyond twelve academic quarters or eight
academic semesters, as the case may be. Such dependents pursuing
studies at an institution that is not a state institution shall
be eligible for assistance not to exceed the average cost of undergraduate
instruction calculated for a fulltime equivalent student
at a comparable state institution for the previous year. The
institutions or the commission shall provide tuition assistance
to such qualified students from appropriated student financial
assistance funds.
(b) THE PROVISIONS OF PARAGRAPH (a) OF
THIS SUBSECTION (1) SHALL APPLY TO ALL ELIGIBLE DEPENDENTS WHO,
AS OF JANUARY 1, 1999, ARE OVER SIXTEEN YEARS OF AGE.
(1.5) (a) ANY DEPENDENT, NOT OVER
THE AGE OF SIXTEEN YEARS AS OF JANUARY 1, 1999, OF A PERSON WHO
DIED OR WAS PERMANENTLY DISABLED WHILE ON STATE ACTIVE DUTY, FEDERALIZED
ACTIVE DUTY, OR AUTHORIZED TRAINING DUTY AS A COLORADO NATIONAL
GUARDSMAN OR ANY DEPENDENT OF ANY PERSON WHO HAS BEEN PERMANENTLY
DISABLED OR KILLED WHILE ACTING TO PRESERVE THE PUBLIC PEACE,
HEALTH, AND SAFETY IN THE CAPACITY OF POLICE OFFICER, SHERIFF,
OR OTHER LAW ENFORCEMENT OFFICER OR FIREFIGHTER, UPON BEING ACCEPTED
FOR ENROLLMENT INTO ANY INSTITUTION, SHALL BE ENTITLED TO FINANCIAL
ASSISTANCE FOR THE PURSUIT OF STUDIES LEADING TOWARD A BACHELOR'S
DEGREE OR A CERTIFICATE OF COMPLETION. FINANCIAL ASSISTANCE UNDER
THIS PARAGRAPH (a) SHALL BE IN THE FORM OF THE PURCHASE OF AN
ADVANCE PAYMENT CONTRACT OR CONTRACTS PURSUANT TO PART 2 OF ARTICLE
3.1 OF THIS TITLE.
(b) (I) IF THE SURVIVING PARENT OR
LEGAL GUARDIAN OF A DEPENDENT ELIGIBLE FOR BENEFITS UNDER PARAGRAPH
(a) OF THIS SUBSECTION (1.5) NOTIFIES THE COMMISSION ON OR BEFORE
ONE YEAR OF THE DEPENDENT BECOMING ELIGIBLE, THE COMMISSION SHALL
PURCHASE IN ITS NAME ON BEHALF OF THE DEPENDENT FOUR HUNDRED TWENTY
TUITION UNITS FOR THE ESTIMATED FIRST PAYOUT DATE.
(II) IF THE ADVANCE PAYMENT CONTRACTS
ARE INSUFFICIENT TO PAY ALL OF THE TUITION COSTS FOR ANY ELIGIBLE
DEPENDENT UNDER THIS PARAGRAPH (b), THE INSTITUTION OR THE COMMISSION
SHALL PROVIDE ADDITIONAL TUITION ASSISTANCE TO SUCH QUALIFIED
DEPENDENTS FROM APPROPRIATED FINANCIAL ASSISTANCE FUNDS.
(III) IF AN ELIGIBLE DEPENDENT UNDER THIS
PARAGRAPH (b) PURSUES STUDIES AT AN INSTITUTION THAT IS NOT A
STATE INSTITUTION, THE DEPENDENT SHALL BE ELIGIBLE FOR ASSISTANCE
NOT TO EXCEED THE AVERAGE COST OF UNDERGRADUATE INSTRUCTION CALCULATED
FOR A FULLTIME EQUIVALENT STUDENT AT A COMPARABLE STATE
INSTITUTION FOR THE PREVIOUS YEAR.
(c) (I) IF THE COMMISSION IS NOTIFIED
OF AN ELIGIBLE DEPENDENT MORE THAN ONE YEAR AFTER THE DEPENDENT
BECOMES ELIGIBLE, THE COMMISSION SHALL PURCHASE IN ITS NAME ON
BEHALF OF THE DEPENDENT THE NUMBER OF TUITION UNITS THAT MAY BE
PURCHASED FOR THE AMOUNT THAT THE COMMISSION WOULD HAVE PAID TO
PURCHASE FOUR HUNDRED TWENTY UNITS ON OR BEFORE ONE YEAR AFTER
THE DEPENDENT BECAME ELIGIBLE.
(II) IF THE ADVANCE PAYMENT CONTRACTS
ARE INSUFFICIENT TO PAY ALL OF THE TUITION COSTS FOR ANY ELIGIBLE
DEPENDENT UNDER THIS PARAGRAPH (c), THE INSTITUTION OR THE COMMISSION
SHALL PROVIDE ADDITIONAL TUITION ASSISTANCE TO SUCH QUALIFIED
DEPENDENTS FROM APPROPRIATED FINANCIAL ASSISTANCE FUNDS, BUT ANY
FINANCIAL ASSISTANCE IN ADDITION TO THE ADVANCE PAYMENT CONTRACTS
SHALL NOT INCLUDE ANY AMOUNTS THAT WOULD HAVE BEEN INCLUDED WITHIN
THE ADVANCE PAYMENT CONTRACT IF IT HAD BEEN PURCHASED WITHIN ONE
YEAR OF THE DEPENDENT BECOMING ELIGIBLE.
(III) IF AN ELIGIBLE DEPENDENT UNDER THIS
PARAGRAPH (c) PURSUES STUDIES AT AN INSTITUTION THAT IS NOT A
STATE INSTITUTION, THE DEPENDENT SHALL BE ELIGIBLE FOR ASSISTANCE
NOT TO EXCEED THE AVERAGE COST OF UNDERGRADUATE INSTRUCTION CALCULATED
FOR A FULLTIME EQUIVALENT STUDENT AT A COMPARABLE STATE
INSTITUTION FOR THE PREVIOUS YEAR LESS ANY AMOUNTS EXCLUDED PURSUANT
TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c) DUE TO THE ADVANCE
PAYMENT CONTRACT NOT HAVING BEEN PURCHASED WITHIN ONE YEAR OF
THE DEPENDENT BECOMING ELIGIBLE.
(d) AN ELIGIBLE DEPENDENT MAY APPLY FOR
ASSISTANCE THROUGH THE PREPAID TUITION CONTRACTS UNDER THIS SUBSECTION
(1.5) AT ANY TIME UNTIL THE DEPENDENT REACHES THE AGE OF TWENTYFIVE.
IF A DEPENDENT FOR WHOM A PREPAID TUITION CONTRACT WAS PURCHASED
REACHES THE AGE OF TWENTYFIVE WITHOUT HAVING USED ANY OR
ALL OF THE TUITION UNITS, THE COMMISSION SHALL REQUEST A REFUND
OF THE CONTRACT THAT SHALL BE PAID TO THE GENERAL FUND; EXCEPT
THAT, IF AN ELIGIBLE DEPENDENT IS ENROLLED IN AN INSTITUTION OF
HIGHER EDUCATION AT THE TIME THE DEPENDENT REACHES THE AGE OF
TWENTYFIVE, THE PREPAID TUITION CONTRACT SHALL NOT BE REFUNDED
SO LONG AS THE DEPENDENT IS STILL ENROLLED IN AN INSTITUTION OF
HIGHER EDUCATION AND IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THIS
SECTION.
(2) Benefits under this section shall
be allowed only to those qualified dependents who are not eligible
for educational benefits provided by the federal government. and
those qualified dependents whose eligibility for benefits under
this section is determined pursuant to paragraph (b) of subsection
(3) of this section must also be determined by the commission
to be in need of financial assistance.
(3) (a) An individual who was permanently
disabled while on state active duty, federalized active duty,
or authorized training duty as a Colorado national guardsman is
permanently disabled for the purpose of determining eligibility
of dependents to qualify for educational benefits if such individual
is ineligible for retention as a member of the national guard
and is unable to engage in any substantial fulltime gainful
activity by reason of medically determinable physical or mental
impairment which can be expected to result in death or which has
lasted for a continuous period of not less than twelve months
and exists at the time the dependent seeks entry into an institution.
(b) An individual who has been permanently
disabled while acting to preserve the public peace, health, and
safety in the capacity of police officer, sheriff, or other law
enforcement officer or firefighter is permanently disabled for
the purpose of determining eligibility of dependents to qualify
for educational benefits if such individual is, as a result of
the disability, unable to perform in the position to which he
or she was regularly assigned at the time he or she became disabled.
SECTION 2. Part
2 of article 3.1 of title 23, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
233.1225. Confidentiality
of records. (1) NOTWITHSTANDING
THE PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24, C.R.S., THE
FOLLOWING DATA, INFORMATION, AND RECORDS RELATING TO THE PREPAID
EXPENSE TRUST FUND SHALL BE KEPT CONFIDENTIAL BY THE AUTHORITY,
AND THE AUTHORITY SHALL DENY THE RIGHT OF ACCESS TO OR INSPECTION
OF SUCH DATA, INFORMATION, AND RECORDS EXCEPT AS PROVIDED IN SUBSECTION
(2) OF THIS SECTION:
(a) DATA AND INFORMATION COLLECTED BY
OR FURNISHED TO OR ON BEHALF OF THE AUTHORITY IN CONNECTION WITH
THE PREPAID EXPENSE TRUST FUND MAINTAINED AND ADMINISTERED BY
THE AUTHORITY UNDER THIS PART 2, INCLUDING ALL INFORMATION SUBMITTED
BY PURCHASERS OF ADVANCE PAYMENT CONTRACTS;
(b) RECORDS, DATA, AND INFORMATION COMPILED,
HELD, MAINTAINED, OR DISSEMINATED BY OR ON BEHALF OF THE AUTHORITY
IN CONNECTION WITH THE PREPAID EXPENSE TRUST FUND, EXCEPT FOR
INFORMATION COMPILED IN THE REPORT PURSUANT TO SUBSECTION (2)
OF THIS SECTION; AND
(c) TRADE SECRETS, COMMERCIAL DATA, OR
FINANCIAL DATA DEVELOPED OR OBTAINED BY OR ON BEHALF OF THE AUTHORITY
IN CONNECTION WITH THE PREPAID EXPENSE TRUST FUND.
(2) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (1) OF THIS SECTION:
(a) THE AUTHORITY MAY DISCLOSE AND MAY
PROVIDE THE RIGHT OF ACCESS TO OR INSPECTION OF ANY DATA, INFORMATION,
OR RECORDS AS PROVIDED IN AN ADVANCE PAYMENT CONTRACT OR CONTRACTS,
TO AGENTS OR REPRESENTATIVES OF PROFESSIONALS ENGAGED BY THE AUTHORITY,
OR IF THE PURCHASER OR PURCHASERS OF THE ADVANCE PAYMENT CONTRACT
OR CONTRACTS HAVE CONSENTED IN WRITING TO THE DISCLOSURE TO THIRD
PARTIES;
(b) THE AUTHORITY MAY DISCLOSE AND PROVIDE
THE RIGHT OF ACCESS TO THE REPORTS CONCERNING THE PREPAID EXPENSE
TRUST FUND THE AUTHORITY IS REQUIRED TO PREPARE PURSUANT TO SECTION
233.1221.
(3) NO CAUSE OF ACTION SHALL ARISE AGAINST
A PERSON FOR DISCLOSING CONFIDENTIAL INFORMATION IN VIOLATION
OF SUBSECTION (1) OF THIS SECTION UNLESS THE ACT OR OMISSION GIVING
RISE TO THE CAUSE OF ACTION WAS INTENTIONAL OR GROSSLY NEGLIGENT.
SECTION 3. 2472202
(6) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2472202. Definitions.
As used in this part 2, unless the context otherwise requires:
(6) (b) "Public records"
does not include:
(III) DATA, INFORMATION, AND RECORDS RELATING TO THE COLORADO PREPAID POSTSECONDARY EDUCATION EXPENSE TRUST FUND ESTABLISHED IN SECTION 233.1206.7 (5), C.R.S.
SECTION 4.
233.1206.7 (5) (a), Colorado Revised Statutes, is
amended to read:
233.1206.7. Education expense
program feasibility study. (5) (a) The
Colorado prepaid postsecondary education expense trust fund is
hereby created. The prepaid expense trust fund shall consist
of moneys remitted by purchasers AND RECEIVABLES FOR MONEYS DUE
TO BE REMITTED in accordance with advance payment contracts, moneys
acquired from governmental and private sources, and general fund
appropriations, if any. All interest derived from the deposit
and investment of moneys in the prepaid expense trust fund shall
be credited to the fund. At the end of any fiscal year, all unexpended
and unencumbered moneys in the prepaid expense trust fund shall
remain therein and shall not be credited or transferred to the
general fund or any other fund.
SECTION 5. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO