HB 1146 — Allow Approved Facility Schools Participate in Public Employees' Retirement Association

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0211.01This Sambill Andersonhas x4218been HOUSEprepared BILLfor 26-1146the HOUSEsignatures SPONSORSHIPof Phillipsthe andappropriate Hamrick,legislative Bacon,officers Boesenecker,and Camacho,the Carter,Governor. Clifford, Duran, Garcia, GarciaSander,Goldstein,Lieder,Lindsay,Lukens,McCluskie,Nguyen,Rutinel,StewartK., Story SENATE SPONSORSHIP KolkerandKipp, Cutter,Danielson,GonzalesJ.,Lindstedt,Marchman,Mullica,Wallace, Weissman d d n 6 m 2 E n 2 A U 6, N n h1 S d r House Committees Senate Committees e a Education Finance R M r e A BILL FOR AN ACT n m 0 C ONCERNINGALLOWINGAPPROVEDFACILITYSCHOOLSTOAFFILIATE T n , A U 1 WITH THE PUBLIC EMPLOYEES ' RETIREMENT ASSOCIATION .

ETo idetermine hwhether Sthe aGovernor ahas Rsigned Mthe dbill Billor Summarytaken 2other (Note:action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisHOUSE summaryBILL applies26-1146 toBY thisREPRESENTATIVE(S) billPhillips as introduced and doesHamrick, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillBacon, dBoesenecker, dCamacho, 6Carter, passesClifford, thirdDuran, readingGarcia, inGarcia theSander, houseGoldstein, ofLieder, introduction,Lindsay, aLukens, billNguyen, summaryRutinel, thatStewart eK., 0Story, EMcCluskie; a , applies to the reengrossed version of this bill will be available at S U 2 http://leg.colorado.gov.) U g r H d a e b The bill includes approved facility schools in the definition of R e F "employer" for purposes of the public employees' retirement association (PERA) and allows an approved facility school to apply to the PERA board to affiliate with PERA.

ealso nSENATOR(S) 6Kolker eand 2Kipp, ECutter, nDanielson, 4Gonzales UJ., ULindstedt, 2Marchman, OMullica, iWallace, aWeissman. Shading denotes HOUSE amendment.

DoubleC underliningONCERNING denotesALLOWING SENATEAPPROVED amendment.FACILITY SCHOOLS TO AFFILIATE WITH THE PUBLIC EMPLOYEES 'RETIREMENT ASSOCIATION .

HBe ait renacted Capitalby lettersthe orGeneral boldAssembly &of italicthe numbersState indicateof newColorado: material to be added to existing law.

e e Dashes through the words or numbers indicate deletions from existing law.

d F 1 Be it enacted by the General Assembly of the State of Colorado:

Asusedinthisarticle51,unlessthecontextotherwiserequiresandAs used in this article 51, unless the context otherwise requires and except as otherwise defined in part 17 of this article 51:

(5.5) "APPROVED"APPROVEDFACILITYSCHOOL FACILITY"HASTHESAMEMEANINGASSET SCHOOL "HAS THE SAME MEANING AS SET FORTH IN SECTION22-2-402SECTION 22-2-402 (1).

(20)________ "Employer"Capital meansletters the state of Colorado, the general assembly, any state department, board, commission, bureau, agency, or institution,bold the& Coloradoitalic associationnumbers ofindicate schoolnew boards,material theadded Coloradohighto schoolexisting activitieslaw; association, the Colorado association of school executives, the fire and police pension association, the special districts association, the Colorado water resources and power development authority, the public employees' retirement association, the Colorado consortium for earth and space science education, all school districts in Colorado, and any political subdivision, city, municipality, county, housing authority, special district, library district, regional planning commission,publichospital,countyordistrictpublichealthagency,state university, state college, state local district college,CILITY SCHOOL , or other public entity that is affiliated with the plan.

SECTION2.dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

InColoradoRevisedStatutes,amend24-51-309as(20) follows:"Employer"meansthestateofColorado,thegeneralassembly, anystatedepartment,board,commission,bureau,agency,orinstitution,the Colorado association of school boards, the Colorado high school activities association, the Colorado association of school executives, the fire and police pension association, the special districts association, the Colorado water resources and power development authority, the public employees' retirementassociation,theColoradoconsortiumforearthandspacescience education, all school districts in Colorado, and any political subdivision, city,municipality,county,housingauthority,specialdistrict,librarydistrict, regional planning commission, public hospital, county or district public health agency, state university, state college, state local district college, APPROVEDFACILITYSCHOOL ,orotherpublicentitythatisaffiliatedwiththe plan.

SECTION 2.

In Colorado Revised Statutes, amend 24-51-309 as follows:

Except as otherwise provided in section 24-51-320, any political subdivisionwithinthesubdivision within the state of Colorado,orpublicagencycreatedbyColorado, orany public agency created by the state or any of its political subdivisions,PROVEDsubdivisions, FACILITYANY -2-APPROVED 1146FACILITY SCHOOL , may make applicatiAPPLYapplication APPLY to the board to affiliate with the association.

Any such entity specified in this section that previously exempted its employees from membership in the association may, by ordinance or resolution, apply to the board to be affiliated with the association.Allapplicationsshallbesubjecttoapprovalbytheboard,andassociation. upon approval the benefits, duties, and responsibilities of employers and membersshallbeginfromthedateofaffiliationwiththeassociation.The Denver public schools division shall include charter schools that participate in the DPS plan prior to January 1, 2010, and any future charter schools that are approved by the Denver public schools board of education and that enter into a charter contract with the Denver public schools board of education on or after January 1, 2010.

TheAll boardapplications shall notbe allowsubject affiliationto intoapproval bythe board, and upon approval the Denverbenefits, publicduties, schoolsand divisionresponsibilities of anyemployers employernotapprovedand bythemembers Denverpublicschoolsboardofshall education.begin from the date of affiliation with the association.

AThe NYDenverpublicschoolsdivisionshallincludecharterschoolsthatparticipate APPROVEDintheDPSplanpriortoJanuary1,2010,andanyfuturecharterschoolsthat FACILITYareapprovedbytheDenverpublicschoolsboardofeducationandthatenter SCHOOLinto THATa AFFILIATEScharter WITHcontract THEwith ASSOCIATIONthe PURSUANTDenver TOpublic THISschools SECTIONboard MUSTof BEeducation ASSIGNEDon TOor THEafter LOCALJanuary GOVERNMENT1, DIVISION2010. .

SECTIONThe 3.board shall not allow affiliation into the DenverpublicschoolsdivisionofanyemployernotapprovedbytheDenver public schools board of education.

InANYAPPROVED ColoradoFACILITY RevisedSCHOOLTHAT Statutes,AFFILIATES 24-51-313,WITH amendTHE (1)ASSOCIATION asPURSUANT follows:TO THIS SECTION MUST BE ASSIGNED TO THE LOCAL GOVERNMENT DIVISION .

SECTION3.

InColoradoRevised Statutes,24-51-313,amend (1) PAGE 2-HOUSE BILL 26-1146 as follows:

(1) Any political subdivision within the state of Colorado or any public agencycreatedagency bysuchcreated by such a political subdivision,PPROVEDsubdivision,OR ANY APPROVED FACILITY SCHOOL,SCHOOL , that is an employer affiliated with the association pursuant to section 24-51-309 and that is assigned to the local government divisiondivisionmaymakeapplicationtotheboardtoterminatetheaffiliationofthe mayemployerwiththeassociation.Theapplicationshallbemadebysubmitting make application to the board an ordinance or resolution that has been adopted by the governing body of the employer and that has been approved by at least sixty-fivepercentoftheemployeesoftheemployerwhoaremembers.Such employee members of the employer shall be notified in writing of the provisions of section 24-51-321 prior to a vote on an ordinance or resolution to terminate the affiliation of the employer with the association.

TheNotwithstanding applicationthe shallprovisions beof -3-this 1146subsection made(1), bysubmittingany tosuch theemployer boardthat anceases ordinanceoperations or resolutionceases thatto hasparticipate beenin adopted by the governingassociation bodyfor ofany thereasonshallbedeemedtohaveterminateditsaffiliationwiththeassociation employer and thatmust hascomply beenwith approved by at least sixty-five percent of the employeesprovisions of thesections employer24-51-315 whoto are24-51-319. members.

Such employee members of the employer shall be notified in writing of the provisions of section 24-51-321 prior to a vote on an ordinance or resolution to terminate the affiliation of the employer with the association.

Notwithstanding the provisions of this subsection (1), any such employer that ceases operations or ceases to participate in the association for any reason shall be deemed to have terminated its affiliation with the association and must comply with the provisions of sections 24-51-315 to 24-51-319.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(Augustninety-dayperiod after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedPAGE by3-HOUSE theBILL people26-1146 atapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-4-____________________________ 1146____________________________ Julie McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 4-HOUSE BILL 26-1146