Colo. Rev. Stat. § 23-5-139, Higher education revenue bond intercept program

(1) (a) The state treasurer, on behalf of an institution, shall make payment as provided in this section of principal and interest on intercept bonds unless the governing board adopts a resolution stating that it will not accept on behalf of the institution payment of principal of and interest on intercept bonds as provided in this section. Any such resolution must be adopted prior to issuance or incurrence of the intercept bonds to which it applies. Following adoption of the resolution, the institution shall provide written notice to the state treasurer of its refusal to accept the payment. The refusal to accept payment takes effect on the date the state treasurer receives the written notice and continues in effect until the date the state treasurer receives written notice from the institution that the governing board has adopted a resolution rescinding the refusal to accept payment pursuant to this section. Notwithstanding any provision of subsections (2) to (7) of this section to the contrary, the state treasurer shall not make payment of principal of or interest on intercept bonds on behalf of an institution that provides written notice of its refusal to accept payment by the state treasurer on its behalf as provided in this paragraph (a) until the state treasurer receives written notice of the rescission of refusal to accept payment.

(b) If an institution issues a revenue bond pursuant to this article 5 on or after June 6, 2016, or issues a refunding bond pursuant to article 54, 56, or 57 of title 11 on or after June 6, 2016, and the governing board wants the revenue or refunding bond to be an intercept bond, then:

(I) The maximum total annual debt service payment of the new intercept bond to be issued plus the debt service payment for all other intercept bonds that were issued on or after June 4, 2008, by the same governing board, must equal seventy-five percent or less of the most recent fiscal year general fund appropriation for stipends and fee-for-service contracts that is reappropriated to such governing board; and

(II) Except as provided in paragraph (c) of this subsection (1), the governing board must have:

(A) A credit rating in one of the three highest categories, without regard to modifiers within a category, from at least one nationally recognized statistical rating organization and, if more than one such organization has rated an institution, no credit rating that is in a category below the three highest categories, without regard to modifiers within a category; and

(B) A debt service coverage ratio of at least one and one-half to one, measured by dividing the governing board's net revenue available for annual debt service over such governing board's total amount of annual debt service plus the annual debt service to be issued by such governing board; and

(III) The pledged revenues for the new intercept bond issue include not less than:

(A) The net revenues of auxiliaries;

(B) One hundred percent of tuition if the institution is an enterprise, as defined in section 24-77-102 (3);

(D) Facility construction fees designated for bond repayment, if any; and

(E) Student fees and ancillary revenues currently pledged to existing bondholders; and

(IV) Except as provided in paragraph (c) of this subsection (1), the governing board has obtained a preapproval certificate from the state treasurer as described in subparagraph (II) of paragraph (d) of this subsection (1), and obtained approval from both the capital development committee and the joint budget committee as specified in subsection (1.5) of this section.

(c) (I) (A) If the state treasurer determines that a governing board does not meet the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis, the refunding bonds will refund intercept bonds, and the refunding bonds will not extend the number of years of repayment, then the requirements set forth in subparagraphs (II) and (IV) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting that the governing board has met the requirements of this sub-subparagraph (A). The state treasurer may make recommendations to the governing board regarding the structure of the refunding.

(B) If the state treasurer determines that a governing board does not meet the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis, the refunding bonds will either refund revenue bonds that are not intercept bonds, or the refunding bonds will extend the number of years of repayment, then the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, the office of state planning and budgeting, and the governing board whether or not he or she recommends the requested use of the intercept program. The governing board must subsequently seek approval from the capital development committee and the joint budget committee as set forth in subsection (1.5) of this section. The notification issued by the state treasurer may include the state treasurer's recommendations regarding the structure of the refunding.

(II) If the state treasurer determines that a governing board meets the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis by the state treasurer, the refunding bonds will refund intercept bonds, and the refunding bonds will not extend the number of years of repayment, then the requirements set forth in subparagraph (IV) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting that the governing board has met the requirements of this subparagraph (II). The state treasurer may make recommendations to the governing board regarding the structure of the refunding.

(III) The state treasurer shall develop and issue guidelines that detail how the state treasurer will determine whether a refunding bond results in cost savings to the governing board based on a cash flow analysis. The state treasurer may consult with financial advisors in order to determine whether a refunding bond results in cost savings to the governing board on a cash flow analysis.

(d) (I) No later than September 1, 2016, and each September 1 thereafter until the report that is due for state fiscal year 2025-26, which is due no later than March 1, 2026, and each March 1 thereafter for subsequent reports, the state treasurer shall provide the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting with a report that includes:

(A) The credit rating described in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (1) of each governing board that has issued intercept bonds;

(B) The debt service coverage ratio described in sub-subparagraph (B) of subparagraph (II) of paragraph (b) of this subsection (1) of each governing board that has issued intercept bonds;

(C) The total amount of all intercept bonds issued by governing boards, including the anticipated payment schedule for such intercept bonds; and

(D) The total amount of all revenue bonds issued by governing boards under section 23-5-101.7 (2), including the anticipated payment schedule for all such revenue bonds.

(II) The report described in subparagraph (I) of this paragraph (d) is the basis for the annual preapproval certificate that the state treasurer shall issue to each governing board that meets the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1). In the event a governing board desires to issue intercept bonds between June 6, 2016, and September 1, 2016, the capital development committee may request the state treasurer to issue an early preapproval certificate for such governing board when a preapproval certificate has not yet been issued. The preapproval certificate must include the total amount of intercept bonds that the governing board may issue for the period that the preapproval certificate covers. The total amount of intercept bonds that a governing board may issue must be calculated based on the lesser of the following, as of the date of issuance of the preapproval certificate:

(A) The difference between seventy-five percent of the most recent fiscal year's general fund appropriations for stipends and fee-for-service contracts that are reappropriated to such governing board and the total annual debt service payments for intercept bonds of such governing board; or

(B) The total amount of additional revenue bonds a governing board could issue while maintaining the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1).

(III) The preapproval certificate described in subparagraph (II) of this paragraph (d) may be amended if requested by the capital development committee as specified in subparagraph (II) of paragraph (a) of subsection (1.5) of this section.

(IV) The preapproval certificate described in subparagraph (II) of this paragraph (d) may include the state treasurer's recommendations regarding the structure of any intercept bonds to be issued.

(1.5) (a) (I) A governing board desiring to issue intercept bonds shall present the state treasurer's preapproval certificate, described in paragraph (d) of subsection (1) of this section, to the capital development committee and request approval from the capital development committee. The request must include:

(A) A description of the project or projects that the governing board seeks to finance through the issuance of intercept bonds;

(B) The maximum amount of intercept bonds the governing board seeks to issue for the project or projects;

(D) If available, a copy of the governing board's resolution that authorizes the issuance of revenue bonds.

(II) If there are actual or anticipated changes to the financial position and credit rating of the governing board that may affect the governing board's compliance with paragraph (b) of subsection (1) of this section since the preapproval certificate was issued by the state treasurer, the governing board shall provide the capital development committee with documentation regarding such changes. The capital development committee may request the state treasurer to prepare an amended preapproval certificate on the basis of the additional documentation.

(b) No later than thirty days after the request for approval described in paragraph (a) of this subsection (1.5) during a regular legislative session of the general assembly, or no later than forty-five days after the request for approval described in paragraph (a) of this subsection (1.5) during any period that the general assembly is not in regular legislative session, the capital development committee shall review the request for approval and forward a letter to the joint budget committee setting forth its approval or disapproval for such governing board to use the intercept program and, if approved, any recommendations the capital development committee may have regarding the maximum amount of intercept bonds that may be issued by such governing board.

(c) No later than forty-five days after receipt of the letter from the capital development committee during the period of October 10 to April 10 of any calendar year, or no later than ninety-five days after receipt of the letter from the capital development committee during the period of April 11 to October 9 of any calendar year, the joint budget committee shall review the project or projects and the governing board's request to finance the project or projects through the issuance of intercept bonds. The joint budget committee shall forward a letter to the state treasurer, the office of state planning and budgeting, the Colorado commission on higher education, and the governing board setting forth the committee's approval or disapproval for such governing board to use the intercept program and the maximum amount of intercept bonds that may be issued by such governing board.

(d) Except as provided in paragraph (c) of subsection (1) of this section, no governing board may issue intercept bonds until the joint budget committee issues the approval letter described in paragraph (c) of this subsection (1.5).

(e) The capital development committee shall develop instructions on the format for requests for approval to issue intercept bonds. Such instructions must be developed in consultation with the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting. If a request to issue intercept bonds does not relate to a new capital construction, capital renewal, or controlled maintenance project, the guidelines may allow the governing board to submit the request directly to the capital development committee.

(f) The capital development committee may request input from the state treasurer on all requests from a governing board to expand or restructure intercept bonds.

(2) Whenever the paying agent has not received payment of principal of or interest on intercept bonds on the business day immediately prior to the date on which such payment is due, the paying agent shall so notify the state treasurer and the institution by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the institution and determine whether the institution will make the payment by the date on which it is due.

(3) If an institution indicates that it will not make a payment by the date on which it is due, or if the state treasurer is unable to contact the institution, the state treasurer shall forward the amount in immediately available funds necessary to make the payment of the principal of or interest on the intercept bonds to the paying agent. The state treasurer shall recover the amount forwarded by withholding amounts from the institution's payments of the state's fee-for-service contract with the institution, from any other state support for the institution, and from any unpledged tuition or other moneys collected by the institution.

(4) The amounts forwarded to the paying agent by the state treasurer pursuant to subsection (3) of this section shall be applied by the paying agent solely to the payment of the principal of or interest on such intercept bonds. The state treasurer shall notify the department of higher education and the general assembly of amounts withheld and payments made pursuant to this section. Institutions that have a debt service payment forwarded to the paying agent by the state treasurer shall not request a supplemental general fund appropriation or budget amendment for the amount forwarded in order to replace withheld fee-for-service revenue.

(5) (a) Any governing board with an intercept bond issue for which this section applies shall file with the state treasurer within thirty days of its public release a copy of the resolution that authorizes the issuance of intercept bonds; a copy of the official statement or other offering document for the intercept bonds; the agreement, if any, with the paying agent for the intercept bonds; and the name, address, and telephone number of the paying agent. A copy of the official statement or other offering document for the intercept bonds must also be submitted within thirty days of its public release to the office of state planning and budgeting, the Colorado commission on higher education, the capital development committee, and the joint budget committee.

(b) On the day a preliminary official statement is publicly released for an intercept bond to be issued, the governing board shall notify the state treasurer, the office of state planning and budgeting, the Colorado commission on higher education, the capital development committee, and the joint budget committee by providing an electronic link to or an electronic copy of the preliminary official statement.

(c) The failure of any governing board to file any information required in this subsection (5) does not affect the state treasurer's obligations set forth in this section.

(6) As provided in section 11 of article II of the state constitution, the state hereby covenants with the purchasers and owners of intercept bonds that it will not repeal, revoke, or rescind the provisions of this section or modify or amend this section so as to limit or impair the rights and remedies granted by this section; except that nothing in this subsection (6) shall be deemed or construed to require the state to continue the payment of state assistance to any institution or to limit or prohibit the state from repealing, amending, or modifying any law relating to the amount of state assistance to institutions or the manner of payment or the timing thereof. Nothing in this section shall be deemed or construed to create a debt of the state with respect to such intercept bonds within the meaning of any state constitutional provision or to create any other liability except to the extent provided in this section.

(7) Whenever the state treasurer is required by this section to make a payment of principal of or interest on intercept bonds on behalf of an institution, the department of higher education shall initiate an audit of the institution to determine the reason for the nonpayment and to assist the institution, if necessary, in developing and implementing measures to ensure that future payments will be made when they are due.

(8) As used in this section, unless the context otherwise requires:

(a) Cash flow analysis means a comparison made by the state treasurer of a governing board's annual debt service currently being paid on the revenue bonds or intercept bonds to be refunded versus annual debt service to be paid on the intercept bonds being issued to effectuate the refunding and the resulting debt service savings or dissavings that are generated. The cash flow analysis must consider the universe of refunding candidates and refunding bond statistics including the true interest cost, average life of refunded and refunding bonds, average annual debt service, gross debt service, and the expected present value savings on the refunding.

(b) Governing board means the governing body of a state institution of higher education.

(d) Intercept program means the program set forth in this section.

(e) State institution of higher education or institution has the same meaning as set forth in section 23-18-102 (10).

Source: L. 2008: Entire section added, p. 2160, � 1, effective June 4. L. 2013: IP(1)(b) and (1)(b)(I) amended and (1)(c) added, (SB 13-199), ch. 146, p. 470, � 1, effective April 26. L. 2016: Entire section amended, (SB 16-204), ch. 222, p. 841, � 1, effective June 6. L. 2022: IP(1)(b) and (1)(b)(III)(B) amended, (SB 22-121), ch. 76, p. 386, � 2, effective April 7. L. 2025: (1)(d)(I) amended, (HB 25-1313), ch. 405, p. 2311, � 4, effective August 6.

23-5-140. Lifesaving school safety information - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that:

(I) The safety of students, faculty, and staff who work and learn on the campuses of Colorado institutions of higher education can be enhanced by informing, organizing, and empowering those individuals to respond appropriately to emergency situations on campus;

(II) Critical incidents that take place on campuses are unique, life-changing events that require exercising basic survival skills during an intense period of high mental and physical stress. Having the information necessary to respond effectively to these critical incidents can be key to a positive individual or group outcome in a true life or death situation; and

(III) Colorado institutions of higher education should ensure that all students, faculty, and staff receive updated school safety information that reflects best practices for their institution at the beginning of each school year.

(b) The general assembly therefore finds that the dissemination of safety information to students, faculty, and staff that reflects best practices for the institution may encourage students, faculty, and staff to respond appropriately and in coordination with school safety personnel in emergency situations.

(2) As used in this section, unless the context otherwise requires:

(a) Institution of higher education or institution means a state institution of higher education as defined in section 23-18-102 (10)(a), a local district college, an area technical college, or a technical college.

(b) School building means a building, including but not limited to a classroom building or a school dormitory, that is a public building of an institution of higher education.

(3) (a) Each institution of higher education shall develop policies and procedures that are tailored to the institution and that reflect best practices concerning critical incident response protocols and personal safety on campus and in school buildings on campus.

(b) Beginning in the 2011-12 academic year, each institution shall disseminate annually school safety information to students, faculty, and staff concerning the policies and procedures developed pursuant to paragraph (a) of this subsection (3).

Source: L. 2010: Entire section added, (HB 10-1054), ch. 117, p. 394, � 1, effective August 11. L. 2016: (2)(a) amended, (HB 16-1082), ch. 58, p. 146, � 19, effective August 10.

23-5-140.5. Employee information - student loan repayment and forgiveness programs. Each governing board shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of higher education pursuant to section 23-1-106.6 (1)(a). In addition to annual distribution, each governing board shall distribute the informational materials to newly hired employees as part of its employee orientation process. The governing board may distribute the informational materials to its employees through an email to employees or as part of a mailing or regular communication to employees.

Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 115, � 9, effective August 2.

23-5-140.7. Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Certifying employment means either completing the employer sections of the public service loan forgiveness form or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form.

(b) Employee means someone who works for an institution of higher education, regardless of whether the institution of higher education considers that work to be full-time or part-time, contingent, or contracted.

(I) Working at least an average of thirty hours per week or at least an average of thirty hours per week throughout a contractual or employment period of at least eight months in a twelve-month period; or

(II) An hourly standard adopted by the United States department of education.

(d) Institution of higher education means any state institution of higher education as defined in section 23-4.5-102 (7) or any higher education institution that is operating pursuant to 26 U.S.C. sec. 501 (c)(3) of the federal Internal Revenue Code of 1986.

(e) Public service loan forgiveness form means the form used by the United States department of education to certify an individual's employment at a public service organization, as defined in 34 CFR 685.219 (b), and determine eligibility for the public service loan forgiveness program.

(f) Public service loan forgiveness program means the federal loan forgiveness program established pursuant to 20 U.S.C. 1087e (m) and administered pursuant to 34 CFR sec. 685.219 as of March 23, 2023.

(2) The following apply for the purposes of certifying employment for the purposes of the public service loan forgiveness program only and have no other applicability for institutions of higher education and their employees:

(a) For current or former faculty or teacher employees, an institution of higher education certifying employment after March 23, 2023, shall credit four and thirty-five one-hundredths hours worked for each hour of credit or contact hours, regardless of when the hours were worked, including hours worked on or after October 1, 2007. This section does not supersede any greater adjustment factor established by a collective bargaining agreement or employer policy in recognition of additional work associated with credit or contact hours for the purpose of the public service loan forgiveness program.

(b) When determining whether an employee is considered full-time for the purpose of certifying employment for the public service loan forgiveness program only, an institution of higher education shall not treat any adjusted total hours worked pursuant to subsection (2)(a) of this section differently from hours worked without an adjustment factor.

(c) For the purpose of certifying employment only, an institution of higher education shall consider an employee full-time when the employee satisfies the definition of full-time provided in this section.

(3) (a) Notwithstanding any other provision of law to the contrary, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly with the United States department of education or its agents, an institution of higher education may send to the United States department of education or its agents the information necessary for employment certification.

(b) (I) If an institution of higher education does not directly certify employment with the United States department of education pursuant to subsection (3)(a) of this section, the institution of higher education shall annually provide a copy of the public service loan forgiveness form with the employer information and employment certification sections of the form already completed reflecting at least the last twelve months of employment to:

(A) A current or former employee who requests a public service loan forgiveness form, to the extent that the institution has employment records for the employee;

(B) Any current employee for whom the institution of higher education has certified employment on or after March 23, 2023; except that this subsection (3)(b)(I)(B) does not take effect until one year after March 23, 2023; and

(II) The partially completed form should reflect employment for the prior twelve months and may reflect longer periods of employment, as necessary.

(c) For purposes of certifying employment only, an institution of higher education shall adopt a policy that maximizes the amount of time for which an employee's employment can be considered full-time for purposes of the public service loan forgiveness program. Nothing in this section requires an employer of a higher education employee to increase the number of contracted hours for which an employee is paid.

(d) For purposes of certifying employment only, an institution of higher education shall treat as a continuous employment period any consecutive academic terms for which an employee teaches, regardless of whether such hours are taught pursuant to separate employment contracts or whether such academic terms are separated by routine academic vacation, but only to the extent that doing so maximizes the amount of time for which an employee's employment can be considered full-time for purposes of the public service loan forgiveness program.

(e) Notwithstanding the requirements of this section, if the United States department of education promulgates rules related to the calculation of hours worked for the purposes of certifying employment for the public service loan forgiveness program that are more favorable to employees than the requirements of this section, an institution of higher education shall apply the federal rules.

(4) An institution of higher education shall not unreasonably delay in certifying employment under the public loan forgiveness program as provided in this section.

(5) Nothing in this section prevents an institution of higher education from seeking permission from its employees prior to certifying their employment.

Source: L. 2023: Entire section added, (SB 23-084), ch. 28, p. 95, � 1, effective March 23.

23-5-141. Campus police information sharing - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a) Providing for the safety of the students, faculty, and staff of Colorado's state institutions of higher education is an important priority for those institutions and for the state;

(b) Unfortunate and tragic events at educational institutions within the state and around the nation have raised concerns regarding campus safety at Colorado's institutions of higher education; and

(c) State institution of higher education police departments should be authorized to share with responsible administrators information regarding behaviors which pose a potential risk to the campus community in order to mitigate such risk.

(2) For purposes of this section:

(a) Campus behavioral intervention task force means any group of persons that includes at least one administrator listed in subparagraph (I) of paragraph (a) of subsection (3) of this section and is appointed by the chief executive officer of a state institution of higher education, or his or her designee, to monitor and mitigate risks to campus safety posed by individuals who display concerning behaviors.

(b) Sexual assault means any of the offenses listed in section 24-72-304 (4)(b)(I), C.R.S.

(c) State institution of higher education means a state institution of higher education as defined in section 23-18-102 (10)(a), a local district college, an area technical college, the Auraria higher education center, an education center, or a technical college.

(3) (a) Except as provided in paragraph (b) of this subsection (3), a state institution of higher education police department may provide unredacted information, which information may include but need not be limited to police reports, regarding any incident within its jurisdiction to:

(I) The director, or director's designee, of any campus program or unit with administrative responsibility for victims assistance, mental health services, university housing, student discipline processes, or student affairs; and

(II) A campus behavioral intervention task force.

(b) When providing information regarding a sexual assault or attempted sexual assault pursuant to paragraph (a) of this subsection (3), a state institution of higher education police department shall redact the victim's name and identifying information unless the victim agrees otherwise in writing with respect to each administrator or behavioral intervention task force to which the police department intends to release the information.

(c) A state institution of higher education police department may provide to a person who is the focus of a specific threat of physical violence information regarding any incident within its jurisdiction that is necessary to protect the person who is the focus of the threat.

(d) Notwithstanding the provisions of section 24-72-304 (4), 27-65-121, or 27-81-113, C.R.S., to the contrary, the authorization to share information established by this section specifically includes but is not limited to information regarding sexual assaults, emergency mental health holds, and protective custody for alcohol or drug detoxification. Any person receiving information regarding sexual assaults, emergency mental health holds, and protective custody for alcohol or drug detoxification pursuant to this section shall make all reasonable efforts to ensure the information is not disseminated beyond what is necessary.

(4) A faculty member, staff member, or student of the campus disclosing information to a campus behavioral intervention task force while acting under a good-faith belief that the disclosure is necessary to protect the health, safety, or well-being of any person, or to protect the property of any person or of the institution, shall not be liable in any civil action for disclosing the information. The immunity provided in this section does not nullify or rescind any statutory duty of confidentiality by a licensed professional or victim's advocate pursuant to section 13-90-107 (1)(k), C.R.S., or any statutory duty to warn and protect specified in section 13-21-117, C.R.S.

Source: L. 2011: Entire section added, (HB 11-1169), ch. 119, p. 372, � 1, effective April 20. L. 2016: (2)(c) amended, (HB 16-1082), ch. 58, p. 146, � 20, effective August 10.

23-5-142. Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Law enforcement agency of an institution of higher education means an agency within an institution of higher education described in this title that employs at least one peace officer.

(b) Peace officer means a certified peace officer described in section 16-2.5-102, C.R.S.

(c) Photographic identification means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d).

(2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of an institution of higher education has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:

(a) The peace officer requests the identification;

(b) The peace officer retired from the law enforcement agency before the date upon which the agency discontinued the policy; and

(3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal Brady Handgun Violence Prevention Act (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.

(4) A law enforcement agency of an institution of higher education may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification.

(5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of an institution of higher education shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.

(6) If a law enforcement agency of an institution of higher education denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.

Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 261, � 5, effective August 7.

23-5-143. Sexual assault victim care - memorandum of understanding - training - definitions. (1) The general assembly finds and declares:

(a) College-aged students are at a high risk of being victims of sexual assault;

(b) It is important for a victim of a sexual assault to receive time-sensitive medical care following the assault whether or not medical forensic evidence is collected;

(c) The medical professionals best equipped to provide this care have specialized sexual assault training, including sexual assault nurse examiner training, sexual assault forensic examiner training, or medical forensic exam training;

(d) Few, if any, institutions of higher education have medical professionals on site with the necessary specialized training to care for sexual assault victims; and

(e) Institutions of higher education should have procedures in place to refer and transport sexual assault victims to nearby hospitals or clinics that have medical professionals specifically trained to care for those victims.

(2) As used in this section, unless the context otherwise requires:

(a) Institution of higher education means a state institution of higher education as defined in section 23-18-102 or a participating private institution of higher education as defined in section 23-18-102.

(b) Medical forensic exam program means a health-care program with licensed medical professionals, such as registered nurses, nurse practitioners, physician assistants, or physicians, who have received some specialized training in conducting medical forensic examinations of adults and adolescents according to established Colorado protocols but have not received formal SAFE or SANE training. Medical forensic exam programs may be based in hospitals, medical clinics, safe houses, children's advocacy centers, stand-alone medical forensic exam clinics, public health clinics, or another facility where appropriate medical care is provided to sexual assault victims.

(c) Sexual assault forensic examiner or SAFE means a registered nurse, physician assistant, or physician who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses' forensic nursing education guidelines.

(d) Sexual assault nurse examiner or SANE means a registered nurse, including an advanced practice registered nurse, who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses' forensic nursing education guidelines.

(3) Within one hundred eighty days after May 4, 2015, each institution of higher education shall enter into and have in effect a memorandum of understanding or other formalized arrangement with at least one nearby medical facility or other facility that has sexual assault nurse examiners, sexual assault forensic examiners, or a medical forensic exam program. Each state-funded institution of higher education shall renew or obtain a new memorandum of understanding within three years after the date of each such memorandum. Each memorandum of understanding or other formalized arrangement must include provisions that the institution of higher education shall refer appropriate patients to the medical facility or other facility for the purposes of providing campus sexual assault victims medical care and evidence collection, if the victim chooses, and assist with or provide transportation to the facility.

(4) Each institution of higher education shall:

(a) Provide easily available information on the website of the institution of higher education on how to access a medical forensic examination following a sexual assault. The information must, at a minimum, inform victims of the medical facility with which the institution has a memorandum of understanding or formalized arrangement; of the methods of transportation available to get to the facility, including public transportation options; and that having a medical forensic examination does not require them, at any time, to participate with a law enforcement investigation or any criminal justice response.

(b) Have a sexual assault training and response policy that includes:

(I) A plan to ensure that campus health center staff is able to provide appropriate resources and referrals to students regarding medical forensic exams and sexual assault care. Within one year after the enactment of this section and at least every two years thereafter, each institution of higher education shall contract or otherwise arrange with a sexual assault nurse examiner and a trained sexual assault advocate to provide relevant campus health center staff with sexual assault response training. Such training must include campus, community, or law enforcement advocates as trainers. At a minimum, training should include content in the following areas:

(A) An overview of medical forensic exams for the purpose of enabling campus health staff to answer a victim's questions about medical forensic exams;

(B) Trauma response;

(D) Short-term and long-term health impact of sexual assault;

(E) Victim compensation eligibility as described in article 4.1 of title 24, C.R.S.; and

(F) Sexual assault victim emergency payment program eligibility as described in section 18-3-407.7, C.R.S.

(II) A referral plan to connect a student who is a victim to the appropriate victim advocates. Confidential victim advocates may be campus advocates or community-based advocates. Victims may also be referred to victim advocates employed by a law enforcement agency with jurisdiction over the crime, if appropriate.

(III) Transportation instructions to inform about, assist with, or provide transport to the hospital, clinic, or other facility performing the medical forensic examination or sexual assault-related medical care.

(5) The general assembly encourages all other institutions of higher education in this state to enter into a similar memorandum of understanding or formalized arrangement as described in this section, to post information on the institution's website, and to have sexual assault training and response policies.

Source: L. 2015: Entire section added, (HB 15-1220), ch. 156, p. 465, � 1, effective May 4.

23-5-144. Students' right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions. (1) (a) The first amendment of the United States constitution and article II, section 10 of the Colorado constitution each protect the right to free speech, including the speech of students enrolled at public institutions of higher education. The general assembly declares that it is a matter of statewide interest to protect the rights of students to exercise their freedom of speech on the campuses of public institutions of higher education, while recognizing the right of those institutions of higher education to enact reasonable time, place, and manner restrictions that preserve their ability to fulfill their educational missions. At the same time, the general assembly declares that student expression on the campuses of institutions of higher education is a vital component of the educational environment at these institutions of higher education and that promoting the free and unfettered exchange of ideas in this marketplace of ideas is one way in which these institutions of higher education fulfill their educational missions.

(b) Therefore, it is the intent of the general assembly that the provisions of subsections (2) to (6) of this section be confined to and apply only to student expression in a student forum at an institution of higher education, as defined herein.

(2) As used in this section, unless the context otherwise requires:

(a) Expression means any lawful verbal or written means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials. Expression includes voter registration activities but does not include speech that is primarily for a commercial purpose, including the promotion, sale, or distribution of any product or service.

(b) Institution of higher education means a public postsecondary institution.

(d) Student forum means, as applied to students, any generally accessible, open, outdoor area on the campus of an institution of higher education, as well as any nonacademic and publicly open portion of a facility that the institution of higher education has traditionally made available to students for expressive purposes.

(3) (a) An institution of higher education shall not limit or restrict a student's expression in a student forum, including subjecting a student to disciplinary action resulting from his or her expression, because of the content or viewpoint of the expression or because of the reaction or opposition by listeners or observers to such expression.

(b) Nothing in this section grants students, faculty, or staff of the college or university the right to materially disrupt previously scheduled or reserved activities in a portion or section of the student forum at that scheduled time.

(c) Nothing in this section shall be interpreted as preventing an institution of higher education from prohibiting, limiting, or restricting expression that is not protected under the first amendment and article II, section 10 of the Colorado constitution.

(4) An institution of higher education shall not designate any area on campus as a free speech zone or otherwise create policies implying that its students' expressive activities are restricted to particular areas of campus. An institution of higher education shall not, except for the purpose of enacting time, place, and manner restrictions permitted pursuant to subsection (5) of this section, restrict the right of students to engage in expression in a student forum.

(5) An institution of higher education shall not impose restrictions on the time, place, and manner of student expression in a student forum unless the restrictions:

(a) Are reasonable;

(b) Are justified without reference to the content of the speech;

(d) Leave open ample alternative channels for communication of the information or message.

(6) Any student who has been denied access to a student forum for expressive purposes protected by this section may bring an action in a court of competent jurisdiction to enjoin any violation of this section or to recover reasonable court costs and attorney fees.

(7) In an action brought pursuant to subsection (6) of this section, if the court finds that a violation occurred, the court shall award the aggrieved party injunctive relief for the violation and shall award reasonable court costs and attorney fees.

(8) A student shall bring an action pursuant to this section within one calendar year after the date that the violation occurred.

Source: L. 2017: Entire section added, (SB 17-062), ch. 100, p. 355, � 1, effective August 9.