First Regular Session
Sixty-second General Assembly
LLS NO. 99-0945.01 Julie Pelegrin SENATE BILL 99-238
STATE OF COLORADO
BY SENATOR Lacy;
also REPRESENTATIVES Berry and Tool.
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING AUTHORITY OF THE DEPARTMENT OF HUMAN SERVICES TO
102 CONTRACT FOR PROVISION OF SERVICES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Clarifies that, in contracting for services, the department of human
services may enter into a contract under which services are provided
using the contractor's own staff and equipment. Specifies that such
contracts may include requirements as to qualifications that must be met
by the contractor's employees.
Recognizes that the director of the division of youth corrections
within the department of human services has authority to contract with
any institution of higher education, school district, or other provider to
provide instruction using teachers employed by the contracting entity.
Clarifies that such persons shall not be deemed to be employees of the
department of human services.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 19-2-410 (1), Colorado Revised Statutes, is
3 amended to read:
4 19-2-410. Contracts and agreements with public and private
5 agencies. (1) The executive director of the department of human
6 services shall, subject to available appropriations, enter into agreements
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 or contracts deemed necessary and appropriate with any governmental
2 unit or agency or private facility or provider cooperating or willing to
3 cooperate in a program to carry out the purposes of this article. SUCH
4 AGREEMENTS OR CONTRACTS MAY SPECIFY THAT THE GOVERNMENTAL
5 UNIT OR AGENCY OR PRIVATE FACILITY SHALL PROVIDE SERVICES USING
6 THE CONTRACTOR'S OWN STAFF AND EQUIPMENT. IN ADDITION, such
7 contracts or agreements may provide, among other things, for the type of
8 work to be performed at a camp or other facility, for the rate of payment
9 for such work, FOR THE QUALIFICATIONS THAT SHALL BE MET BY THE
10 CONTRACTOR'S STAFF WHO ARE PROVIDING SERVICES PURSUANT TO THE
11 AGREEMENT OR CONTRACT, and for other matters relating to the care and
12 treatment of juveniles.
13 SECTION 2. 19-2-414 (3), Colorado Revised Statutes, is
14 amended to read:
15 19-2-414. Facility rules - academic and vocational courses.
16 (3) (a) The director of the division of youth corrections may appoint,
17 pursuant to section 13 of article XII of the state constitution, a director
18 and such other officers, teachers, instructors, counselors, and other
19 personnel as the director may consider necessary to transact the business
20 of the schools and may designate their duties. No person shall be
21 appointed as a teacher or instructor in the schools who is not qualified to
22 serve as a teacher or instructor in the schools under the laws of the state
23 and the standards established by the department of education.
24 (b) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT
25 THE DIRECTOR OF THE DIVISION OF YOUTH CORRECTIONS FROM
26 CONTRACTING WITH ANY INSTITUTION OF HIGHER EDUCATION, SCHOOL
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1 DISTRICT, OR OTHER PROVIDER TO PROVIDE INSTRUCTION IN THE SCHOOLS
2 USING FACULTY MEMBERS, INSTRUCTORS, OR OTHER STAFF EMPLOYED BY
3 THE INSTITUTION OF HIGHER EDUCATION, SCHOOL DISTRICT, OR OTHER
4 PROVIDER SO LONG AS THE PERSONS PROVIDING INSTRUCTION MEET THE
5 QUALIFICATIONS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (3) AND
6 ANY ADDITIONAL QUALIFICATIONS REQUIRED BY THE CONTRACT. PERSONS
7 EMPLOYED BY AN INSTITUTION OF HIGHER EDUCATION, SCHOOL DISTRICT,
8 OR OTHER PROVIDER SHALL NOT BE DEEMED TO BE EMPLOYEES OF THE
9 DEPARTMENT OF HUMAN SERVICES.
10 SECTION 3. Safety clause. The general assembly hereby finds,
11 determines, and declares that this act is necessary for the immediate
12 preservation of the public peace, health, and safety.