State Personnel System - Department of Personnel

C.R.S. tit. 24, art. 50

in effect

C.R.S. § 24-50-101 Short title - legislative declaration - terminology

24-50-101. Short title - legislative declaration - terminology. (1) This article shall be known and may be cited as the "State Personnel System Act". It is the purpose of this article and the personnel rules adopted pursuant to this article to provide a sound, comprehensive, and uniform system of personnel management and administration for the employees within the state personnel system as defined by the constitution of the state of Colorado and laws enacted pursuant thereto, including all employees of the state colleges and universities not otherwise exempted by law. (2) Whenever, in any law of this state relating to state employees, reference is made to the civil service, the state civil service, or the classified service, such terms shall be deemed to refer to the state personnel system. Whenever reference is made to the civil service commission in any law of this state relating to the administration of the state personnel system, such term shall be deemed to refer to the state personnel director. Whenever reference is made to the civil service commission in any law of this state relating to rule-making powers, administrative appeals, or any power vested by the state constitution in the state personnel board, such term shall be deemed to refer to the state personnel board. (3) (a) It is the purpose of the state personnel system, as a merit system, to assure that a qualified and competent work force is serving the residents of Colorado and that any person has an equal opportunity to apply and compete for state employment. Recruitment shall be from appropriate sources. (b) It is the duty of the state personnel board to provide fair and timely resolution of cases before it. (c) It is the duty of the state personnel director to establish the general criteria for adherence to the merit principles and for fair treatment of individuals within the state personnel system. It is the responsibility of the state personnel director to provide leadership in the areas of policy and operation of the state personnel system as well as to provide consultant services to executive branch agencies and institutions of higher education to further their professional management of human resources in state government. The state personnel director, pursuant to the "State Administrative Procedure Act", article 4 of this title, shall provide necessary directives and oversight for the management of the state personnel system and in the discharge of his constitutional duty to administer the state personnel system. (d) The heads of principal departments and presidents of colleges and universities shall be responsible and accountable for the actual operation and management of the state personnel system for their respective departments, colleges, or universities. Such operation and management shall be in accordance with rules and directives of the state personnel director who may conduct a review of such operation and management. Presidents of colleges and universities shall be the appointing authorities for employees of their respective institutions. The appointing authority for a principal department is specified in section 13 (7) of article XII of the state constitution. (e) The state personnel director shall establish and administer an affirmative action program, including annual documentation by appointing authorities listing methods of remedying, within a time period established by the director, the underutilization of persons covered by part 4 of article 34 of this title. (4) It is also the policy of the state to base employee advancement and compensation on demonstrated ability and quality of performance in order to encourage and achieve high levels of performance and productivity by state employees.

C.R.S. § 24-50-102 Department of personnel - state personnel director

24-50-102. Department of personnel - state personnel director. (1) Pursuant to section 14 of article XII of the state constitution, there is hereby created the department of personnel, the head of which shall be the state personnel director, who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The state personnel director shall be qualified by education and experience in the field of public or private personnel administration or industrial relations and shall be of known sympathy with the merit principle. (2) Subject to the provisions of the state constitution, the state personnel director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968". Any assistants and employees of the department shall be appointed pursuant to the provisions of section 13 of article XII of the state constitution. (3) The state personnel director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of personnel. (4) Publications by the state personnel director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. (5) Repealed.

C.R.S. § 24-50-103 State personnel board

24-50-103. State personnel board. (1) The state personnel board, referred to in this article as the "board", is created pursuant to the provisions of section 14 of article XII of the state constitution. The board consists of five members to be selected in the manner provided in the state constitution and this section. (2) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel and the state personnel director. (3) (a) In the year 2015 and every third year thereafter and in the year 2016 and every third year thereafter, an election shall be held for a member of the board in the manner provided in this subsection (3). (b) The elected members of the board shall be elected by persons certified to classes and positions in the state personnel system in accordance with rules promulgated by the board, in consultation with the secretary of state and pursuant to section 24-4-103; except that the ballots for such elections shall be distributed to each employee qualified to vote with any payroll or other type of distribution otherwise made to said employees. However, such distribution shall be no later than fifteen days before the ballots are to be submitted by the voters. (c) (I) The election of any person declared duly elected to the position of a member of the board may be contested: (A) When the candidate is not eligible to be a member of the board; (B) When illegal votes have been received or legal votes rejected at the time of the election in sufficient numbers to change the outcome of the election; (C) For any error or mistake on the part of the board administrator in conducting, counting, or declaring the result of the election, if such error or mistake would be sufficient to change the outcome of the election; (D) For misconduct, fraud, or corruption on the part of the board administrator, if such misconduct, fraud, or corruption would be sufficient to change the outcome of the election; (E) For any other cause which shows that another individual was the legally elected board member. (II) Notwithstanding the provisions of section 24-50-125.4 (3), an action to contest an election under this subsection (3) shall be brought pursuant to rule 106 (a)(3) of the Colorado rules of civil procedure; except that the action shall be brought only in the Denver district court and only after the contesting party has complied with the rules of the board concerning prior notice and opportunity to cure, and the provisions of rule 106 concerning district attorneys shall not apply to this subsection (3). (d) The general assembly shall appropriate to the board sufficient funds to carry out the provisions of this subsection (3). (4) A vacancy in office shall be filled in the manner used for the selection of the person vacating the office and for the unexpired term. Elected member vacancies shall be filled within three months after the date of the vacancy, and, in the event of a vacancy for an elected member position, the governor shall request a supplemental appropriation in an amount sufficient to conduct the election, and the general assembly shall appropriate such amount for that purpose. (5) A member of the board may be removed in accordance with section 14 (2) of article XII of the state constitution. (6) An action of the state personnel director or an appointing authority which is appealable to the board pursuant to this article or the state constitution may be reversed or modified on appeal to the board only if at least three members of the board find the action to have been arbitrary, capricious, or contrary to rule or law. Unless otherwise limited by this article or the state constitution, a decision of the board shall be subject to review pursuant to section 24-50-125.4. ppealable to the board pursuant to this article or the state constitution may be reversed or modified on appeal to the board only if at least three members of the board find the action to have been arbitrary, capricious, or contrary to rule or law. Unless otherwise limited by this article or the state constitution, a decision of the board shall be subject to review pursuant to section 24-50-125.4. (7) The board may authorize administrative law judges, who shall be lawyers with at least five years' experience, to conduct hearings on any matter within the jurisdiction of the board upon terms and conditions determined by the board and subject to the provisions of article 4 of this title. The board shall employ such personnel as may be necessary for the performance of its duties, including an administrator who shall serve as secretary to the board. The administrator shall maintain full records of the proceedings of the board and shall be responsible for any other duties as the board may assign. Funds for these purposes shall be appropriated by the general assembly. (8) Members of the board shall be compensated at the rate of seventy-five dollars per day for each day in which they are actually engaged in the performance of their duties plus reimbursement for actual and necessary expenses incurred in the performance of their duties. The board shall meet as often as necessary to conduct its business. The board shall elect a chairman and a vice-chairman, one of whom shall be a gubernatorial appointee, from among its members. Meetings shall be called by the chairman or a majority of the board. All members of the board shall be given reasonable notice of all meetings, and three members of the board shall constitute a quorum for the transaction of business. The affirmative vote of at least three members of the board shall be necessary to reverse or modify any action of the state personnel director or appointing authority. (9) The board and any political subdivision of the state may contract for the furnishing of personnel services by the department of personnel to such subdivision.

C.R.S. § 24-50-103.5 Department of personnel - review

24-50-103.5. Department of personnel - review. (1) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and regulations and that the whole process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that by establishing a system for review, it will be in a better position to evaluate the need for modification of the department of personnel, referred to in this section as the "department", and for modification of the rules and regulations of the board. (2) (a) The legislative audit committee shall cause to be conducted a performance audit of the department and the board. The performance audit shall be completed at least seven months prior to July 1, 1981. In conducting the audit, the legislative audit committee shall take into consideration, but not be limited to considering, the factors listed in paragraph (b) of subsection (3) of this section. Upon completion of the audit report, the legislative audit committee shall hold a public hearing for purposes of review of the report. (b) A further performance audit as required in this section shall be completed at least seven months before July 1, 2020, and shall be completed thereafter at the discretion of the state auditor. (3) (a) Committees of reference in each house of the general assembly shall hold public hearings, receiving testimony from the public, the state personnel director, and the chairman of the board, and in such a hearing the department and the board shall have the burden of demonstrating the extent to which a change in the administration, rules and regulations, or operations of the department or the board may increase the efficiency of administration or operation of the department or the board. (b) In such hearing, the committee shall take into consideration the following factors, among others: (I) The extent to which the department and the board have operated in the public interest and economy, and the extent to which their operations have been impeded or enhanced by existing statutes, procedures, and any other circumstances, including budgetary, resource, and personnel matters; (II) The extent to which the department and the board have recommended statutory changes to the general assembly which would benefit the public as opposed to the persons they regulate; (III) The extent to which the board has adopted rules and regulations, procedures, or practices which enhance or impede the efficiency or economy of state government; (IV) The efficiency with which formal complaints filed with the department or the board concerning regulation policies, procedures, or practices have been processed to completion by the department or the board and the decisions thereof; (V) The effectiveness of the department and the board in implementing incentive systems to reward and encourage excellence in public service, particularly in middle and top management levels; (VI) The effectiveness of the department or the board in filling job vacancies; (VII) The effectiveness of staffing levels of the department, particularly in view of the decentralization of functions of the department to other departments of state government; (VIII) The effectiveness of the department and the board as perceived by executive directors of other departments of state government and members of the general assembly; (IX) The extent to which changes are necessary in the enabling laws of the department or the board to adequately comply with the factors listed in this paragraph (b); and (X) The extent to which the authority of the department or the board should be or has been restricted by the annual general appropriation bill.

C.R.S. § 24-50-103.7 Model child care program study

24-50-103.7. Model child care program study. (Repealed)

C.R.S. § 24-50-104 Job evaluation and compensation - state employee reserve fund - created - study - report - definitions

24-50-104. Job evaluation and compensation - state employee reserve fund - created - study - report - definitions. (1) Total compensation philosophy. (a) (I) It is the policy of the state to provide innovative total compensation that meets or exceeds total compensation provided by public or private sector employers or a combination of both, to officers and employees in the state personnel system to ensure the recruitment, motivation, and retention of a qualified and competent workforce. For purposes of this section, "total compensation" includes, but is not limited to, salary, group benefit plans, retirement benefits, step pay, incentives, premium pay practices, and leave as specified in statute or in policies of the state personnel director. For purposes of this section, "group benefit plans" means group benefit coverages as described in section 24-50-603 (9). Any monetary components of total compensation are subject to available appropriations by the general assembly. of total compensation are subject to available appropriations by the general assembly. (II) The state personnel director shall establish technically and professionally sound survey methodologies to assess total compensation practices, levels, and costs. Except as provided in subsection (1)(a)(III) of this section, for purposes of this subsection (1)(a), to determine and maintain salaries, state contributions for group benefit plans, and step pay that meet or exceed total compensation provided by public or private sector employment or a combination of both, the state personnel director shall quadrennially review the results of appropriate surveys by public or private organizations, including surveys by the state personnel director set forth in subsection (4)(b)(I) of this section. Any surveys provided on a confidential basis shall not be revealed except to the state auditor's office and the private firm conducting the audit required in subsection (4)(b) of this section. The state personnel director shall adopt appropriate procedures to determine and maintain other elements of total compensation, including the payment of incentive awards to employees in the state personnel system. The state personnel director's review and determination of total compensation practices shall not be subject to appeal except as otherwise authorized by law or state personnel director procedures. (II.5) When establishing pay plans in accordance with subsection (5) of this section and recommending compensation for state employees in accordance with subsection (4) of this section, the state personnel director shall develop, after negotiations with the certified employee organization pursuant to section 24-50-1112, an equitable pay structure for employees in the state personnel system that provides consistent and predictable salary increases in compliance with any federal or state laws and keeps the state employee workforce competitive with market compensation. The requirements of this subsection (1)(a)(II.5) do not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section. (III) (A) The methodologies used for purposes of determining and maintaining compensation for state law enforcement officers employed by the Colorado state patrol shall be the same as the methodologies established pursuant to subsection (1)(a)(II) of this section; except that the amount of salary shall be at least ninety-nine percent of the actual average salary provided to the top three law enforcement agencies within the state that have both more than one hundred commissioned officers and the highest actual average salary. (B) As used in this subparagraph (III), "state law enforcement officer" means the chief and any commissioned or noncommissioned officer and trooper of the Colorado state patrol. least ninety-nine percent of the actual average salary provided to the top three law enforcement agencies within the state that have both more than one hundred commissioned officers and the highest actual average salary. (B) As used in this subparagraph (III), "state law enforcement officer" means the chief and any commissioned or noncommissioned officer and trooper of the Colorado state patrol. (b) The state personnel director shall use a systematic approach to objectively determine classes of positions and the uniform alignment of classes and occupational groups for all jobs in the state personnel system. The state personnel director shall conduct timely, ongoing, and technically sound evaluation and analyses of jobs in order to group similar duties and responsibilities into clearly distinguished classes and occupational groups that relate to the compensation structure through the assignment of appropriate pay grades. If the state personnel director proposes or the department of personnel recommends any changes to classes or occupational groups or to the pay grades for such classes or groups as a result of the evaluation and analyses required under this paragraph (b), the director shall notify all affected employees and employee organizations of such changes. Upon request of any affected employee or employee organization, the state personnel director shall meet and confer in good faith with such employee or organization regarding the proposed or recommended changes prior to finalizing and implementing any such change. (c) (I) The state personnel director shall establish a step pay system in order to provide periodic salary increases for employees in the state personnel system; except that the step pay system does not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section. The purpose of the step pay system is to provide salary increases for employees based on salary placement within the appropriate salary range. (A) to (E) (Deleted by amendment, L. 2024). (I.1) to (I.9) Repealed. (II) In addition to any other requirements set forth in this subsection (1)(c)(II), the department of personnel shall develop the step pay system so that it: (A) Is simple and understandable to employees in the state personnel system; (B) (Deleted by amendment, L. 2003, p. 1931, § 5, effective May 22, 2003.) (C) Is developed with input from employees in the state personnel system, managers, and other affected parties; and (D) to (G) Repealed. (H) Minimizes employee pay disruptions resulting from implementation or modification of step pay. (III) (Deleted by amendment, L. 2003, p. 1931, § 5, effective May 22, 2003.) (IV) The state personnel director shall encourage state departments and institutions of higher education to implement performance evaluations of employees that are as objective as possible and that, as soon as possible and wherever feasible, include an assessment from multiple sources of each employee's performance. Such sources shall include, where applicable, the employee's self-assessment; the employee's superiors, subordinates, and peers; and any other applicable sources of an employee's performance. The state personnel director shall adopt procedures to establish a process to resolve employee disputes related to performance evaluations that do not result in corrective or disciplinary action against the employee. Each program established by a state department or institution of higher education pursuant to this subsection (1)(c)(IV) is subject to the director's approval. (c.5) (I) The state personnel director shall provide for the evaluation of employee performance. Each employee shall be evaluated at least once a year. (II) Repealed. o not result in corrective or disciplinary action against the employee. Each program established by a state department or institution of higher education pursuant to this subsection (1)(c)(IV) is subject to the director's approval. (c.5) (I) The state personnel director shall provide for the evaluation of employee performance. Each employee shall be evaluated at least once a year. (II) Repealed. (III) The head of each principal department and each state-supported institution of higher education, respectively, shall determine annually on May 1 whether each supervisor in the department or institution has completed the mandatory performance evaluation required for each employee in the state personnel system during the preceding twelve months. If any evaluations have still not been completed by July 1, the supervisor may be subject to demotion. If a supervisor has not timely completed annual performance evaluations for two consecutive years, the supervisor shall be demoted to a nonsupervisory position. (IV) The state personnel director shall adopt procedures for the implementation of the provisions of this paragraph (c.5). Nothing in this paragraph (c.5) shall be construed to limit the ability of the state personnel director to provide for additional sanctions for noncompliance with the provisions of this paragraph (c.5). (V) Repealed. (c.7) Repealed. (d) (Deleted by amendment, L. 2000, p. 1117, § 1, effective May 26, 2000.) (e) The state personnel director shall sustain an employee's base salary in the event such employee's position is placed in a lower pay range due to an allocation of such employee's position, a system maintenance study of all positions in a class, a general job evaluation study of the state personnel system, or the quadrennial compensation survey for a period not to exceed three years from the effective date of such placement. (f) Initial hiring shall typically be at the minimum rate in the pay grade. On a showing of recruiting difficulty or other unusual condition, the appointing authority may authorize the appointment of a person at a higher base salary within the pay grade. (g) Benefits shall include insurance, retirement, and leaves of absence with or without pay and may include jury duty, military duty, or educational leaves. The state personnel director shall prescribe procedures for the types, amounts, and conditions for all leave benefits, subject to the provisions governing the benefits provided in subsection (7) of this section. The general assembly shall approve any changes to leave benefits granted by statute before such changes are implemented. The state personnel director shall prescribe by procedure any nonstatutory benefits. (h) The state personnel director may, following consultation with the state auditor and consistent with article III and sections 13, 14, and 15 of article XII of the state constitution, establish special procedures for classifying those employees of the state auditor's office who are within the state personnel system in order to take into consideration the special situations, circumstances, and duties unique to such employees. Such special procedures shall incorporate the directives, requirements, and elements of sections 13, 14, and 15 of article XII of the state constitution, including, but not limited to, the grading and compensation of persons in the state personnel system according to standards of efficient service that are the same for all persons having like duties. (i) (Deleted by amendment, L. 2003, p. 1926, § 1, effective May 22, 2003.) l incorporate the directives, requirements, and elements of sections 13, 14, and 15 of article XII of the state constitution, including, but not limited to, the grading and compensation of persons in the state personnel system according to standards of efficient service that are the same for all persons having like duties. (i) (Deleted by amendment, L. 2003, p. 1926, § 1, effective May 22, 2003.) (j) (I) As used in this paragraph (j), unless the context otherwise requires: (A) "Department" means a principal department of the executive branch of state government specified in section 24-1-110. (B) "Eligible department" means a department that received an appropriation for which there is a reversion amount. (C) "Fund" means the state employee reserve fund created in subparagraph (II) of this paragraph (j). (D) "Personal services-related line item" means a line item entitled "personal services", "group health, life, and dental insurance", "short-term disability insurance", "amortization equalization disbursements", "supplemental amortization equalization disbursements", "salary survey", or "shift differential". (E) "Qualifying cash fund" means a cash fund for which there is express authorization for a reversion pursuant to this paragraph (j) from the cash fund to the state employee reserve fund. (F) "Reversion amount" means the final, adjusted amount of state moneys appropriated from the general fund or a qualifying cash fund for a state fiscal year in a personal services-related line item, a line item entitled "operating expenses", or any successor line item designated by the joint budget committee for the same purposes in the annual general appropriation act to a department that is unexpended and unencumbered as of the date the state controller publishes the comprehensive annual financial report of the state for the state fiscal year. The joint budget committee shall notify the state controller and state treasurer of a successor line item from which there may be a reversion amount. There is no "reversion amount" related to any line item that moneys are transferred from or to pursuant to section 24-75-108. (II) (A) The state employee reserve fund is hereby created in the state treasury, which consists of money transferred pursuant to subsection (1)(j)(IV) of this section. Money in the fund is continuously appropriated for the purpose provided in this subsection (1). No money from the fund shall be expended without the approval of the director of the office of state planning and budgeting. (B) Repealed. (III) (A) Any money in the fund not expended as provided in subsection (1)(j)(II) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Except as set forth in subsection (1)(j)(III)(B) of this section, any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (B) On July 1, 2017, the state treasurer shall transfer twenty-six million three hundred thousand dollars from the fund to the general fund. (C) On July 1, 2019, the state treasurer shall transfer twenty-three million dollars from the fund to the general fund. (D) Repealed. (E) On June 30, 2020, the state treasurer shall transfer the unexpended and unencumbered balance from the fund to the general fund. (F) On July 1, 2023, the state treasurer shall transfer four million nine hundred thirteen thousand seven hundred fifty-three dollars from the fund to the general fund. (G) On June 30, 2024, the state treasurer shall transfer thirty-one million one hundred sixty thousand dollars from the fund to the general fund. transfer the unexpended and unencumbered balance from the fund to the general fund. (F) On July 1, 2023, the state treasurer shall transfer four million nine hundred thirteen thousand seven hundred fifty-three dollars from the fund to the general fund. (G) On June 30, 2024, the state treasurer shall transfer thirty-one million one hundred sixty thousand dollars from the fund to the general fund. (IV) On the date the state controller publishes the comprehensive annual financial report of the state, the state controller and state treasurer shall transfer an amount of money equal to a reversion amount from the general fund or a qualifying cash fund to the state employee reserve fund. (V) Notwithstanding any provision of this section to the contrary, the state treasurer shall not transfer any moneys from a qualifying fund if: (A) The reversion is required pursuant to section 24-37.5-112 (2); or (B) There are insufficient moneys in the fund for the full transfer. In such case, the state treasurer shall transfer as much as is available. (VI) Repealed. (k) Repealed. (2) Records. To facilitate the reporting of estimated costs required of the state personnel director pursuant to paragraph (c) of subsection (4) of this section, the records of all positions in the state personnel system shall be current and included in the state personnel data system by January 1 of each year. (3) Repealed. (4) Quadrennial compensation process. (a) The purpose of the quadrennial compensation process is to determine any necessary adjustments to state employee salaries, state contributions for group benefit plans, and step pay. The quadrennial compensation survey, based on an analysis of surveys by public or private organizations, including surveys by the state personnel director, shall include a fair sample of public and private sector employers and jobs, including areas outside the Denver metropolitan area. In order to establish confidence in the selection of surveys, the state personnel director shall meet and confer in good faith with management and state employee representatives. (b) (I) On October 1, 2025, and on October 1 of each fourth year thereafter, the state personnel director shall prepare a quadrennial compensation report based on the analysis of surveys conducted pursuant to subsection (4)(a) of this section. The purpose of the quadrennial compensation report shall be to reflect all adjustments necessary to maintain the salary structure, state contributions for group benefit plans, and step pay for the upcoming fiscal year. The state personnel director shall also include a detailed analysis of salary ranges for all employees in the state personnel system and how employees' salaries are distributed within these ranges. The state personnel director shall also publish the report. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4)(b)(I) continues indefinitely. The state auditor is responsible for contracting with a private firm to conduct a performance audit of the procedures and application of data, including any survey conducted by the state personnel director. Beginning January 1, 2005, through January 1, 2021, and beginning on January 1, 2026, the audits shall be conducted every four years. A report shall be submitted to the governor and the general assembly by the December 30 immediately following the completion of the audit. (II) Repealed. udit of the procedures and application of data, including any survey conducted by the state personnel director. Beginning January 1, 2005, through January 1, 2021, and beginning on January 1, 2026, the audits shall be conducted every four years. A report shall be submitted to the governor and the general assembly by the December 30 immediately following the completion of the audit. (II) Repealed. (c) By September 15, 2017, and by September 15 of each year thereafter through September 15, 2021, and on or before October 1, 2022, and on or before October 1 of each year thereafter, the state personnel director shall submit recommendations and estimated costs for state employee compensation for the next fiscal year, covering salaries, state contributions for group benefit plans, and step pay, to the governor and the joint budget committee of the general assembly. The recommendations shall reflect a consideration of the results of the quadrennial compensation survey, fiscal constraints, the ability to recruit and retain state employees, appropriate adjustments with respect to state employee compensation, and those costs resulting from implementation of section 24-50-110 (1)(a). The recommendations for state contributions for group benefit plans shall specify the annual group benefit plan year established pursuant to section 24-50-604 (1)(m). The compensation report shall include the results of the surveys of public or private employers and jobs. The state personnel director shall also publish such report. This subsection (4)(c) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirements of this section are effective until changed by the general assembly acting by bill. (d) (I) For fiscal years commencing prior to the 2003-04 fiscal year and after the 2003-04 fiscal year, the recommended changes to salaries and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act shall be effective on July 1 of the ensuing fiscal year unless the general assembly, acting by bill, establishes a different effective date for that fiscal year or the governor orders otherwise pursuant to section 24-50-109.5 and such order is adopted by the general assembly through a joint resolution declaring a fiscal emergency and approved by the governor in accordance with section 39 of article V of the Colorado constitution. (II) For the 2003-04 and 2004-05 budget years, to the extent such changes are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective January 1 of the next fiscal year. For the 2005-06 fiscal year and each fiscal year thereafter, to the extent such changes are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective on the first day of the annual group benefit plan year established pursuant to section 24-50-604 (1)(m). (III) (Deleted by amendment, L. 2006, p. 543, § 1, effective July 1, 2006.) (IV) (Deleted by amendment, L. 2010, (HB 10-1181), ch. 351, p. 1624, § 13, effective June 7, 2010.) (e) (Deleted by amendment, L. 2006, p. 543, § 1, effective July 1, 2006.) (f) Any moneys appropriated pursuant to this subsection (4) shall not be used to achieve parity for employees outside the state personnel system. (5) Pay plans. (a) The state personnel director shall establish pay plans as technically and professionally necessary and shall establish any procedures and directives required to implement the state's innovative total compensation philosophy as defined in subsection (1) of this section. t to this subsection (4) shall not be used to achieve parity for employees outside the state personnel system. (5) Pay plans. (a) The state personnel director shall establish pay plans as technically and professionally necessary and shall establish any procedures and directives required to implement the state's innovative total compensation philosophy as defined in subsection (1) of this section. (b) No employee in any pay plan may exceed an established maximum salary amount for such plan, except as provided in subsection (1)(e) of this section. The maximum monthly salary for any employee whose position is assigned to a nonmedical pay plan in effect prior to July 1, 1991, shall be calculated based on the 1991 maximum of five thousand seven hundred ninety-four dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991; except that classes in the medical pay plan requiring licensure as a physician or dentist shall be subject to a maximum monthly salary calculated on the basis of the 1991 maximum of seven thousand eight hundred twelve dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991. Effective July 1, 2010, the maximum monthly salary in the medical pay plan shall be seventeen thousand nine hundred twenty-seven dollars, plus any subsequent adjustments made under this subsection (5)(b). Such amounts shall be adjusted by the state personnel director in accordance with the change in the employment cost index for the preceding calendar year or the percentage increase in state general fund appropriations in relation to such appropriations for the preceding fiscal year, whichever is greater. In no event shall such amounts exceed the maximum found in the market as determined by the annual recommendations submitted by the state personnel director. The maximum monthly salary for the senior executive service plan shall not exceed the maximum monthly salary of any nonmedical pay plan by more than twenty-five percent. (c) The state personnel director shall establish criteria for inclusion in the senior executive service and shall review each nominated position before it is placed in the pay plan for the senior executive service. The head of the department or agency or state auditor for employees of the state auditor's office shall make appointments to the senior executive service based on competitive selection and is responsible for the management of the employees in such plan. Any person in the senior executive service has no right to any position within the state. (d) In the medical pay plans, there are no anniversary-based step increases. The salaries in such pay plans are based on the negotiation of an annual contract between the employee and the department head or the state auditor, when appropriate, and the amount of such salaries may increase, decrease, or remain unchanged from year to year. Any employee dismissed for failure to perform under such contract may only appeal directly to the state personnel board. (e) In the pay plans for the senior executive service and those positions specified in section 13 (2)(a)(XI) of article XII of the state constitution, there are no anniversary-based step increases. The salaries in such pay plans are based on policies set forth by the state personnel director. The amount of such salaries may increase, decrease, or remain unchanged from year to year. (6) Job evaluation. (a) System maintenance studies involving the assignment of classes to increased pay grades shall be incorporated into the annual total compensation request reported to the general assembly and shall be effective on July 1 of each year unless otherwise ordered by the governor acting pursuant to section 24-50-109.5. may increase, decrease, or remain unchanged from year to year. (6) Job evaluation. (a) System maintenance studies involving the assignment of classes to increased pay grades shall be incorporated into the annual total compensation request reported to the general assembly and shall be effective on July 1 of each year unless otherwise ordered by the governor acting pursuant to section 24-50-109.5. (b) (I) The state personnel director shall allocate individual positions to the proper classes based on an objective evaluation of the job assignment. (II) Any employee directly affected by the allocation of the employee's position to a class in a lower pay grade under subparagraph (I) of this paragraph (b) may file a written appeal with the state personnel director within ten days after receiving the notice of allocation of positions. The state personnel director, or the director's designee, shall review the appeal in summary fashion on the basis of written material that may be supplemented by oral argument at the sole discretion of the director or designee. At the director's discretion, an advisory panel of qualified job evaluators may be convened to assist the director in making a decision. Except as otherwise provided in subparagraph (III) of this paragraph (b), the director shall issue a written decision within ninety calendar days after the receipt of a timely appeal. If the director does not issue a decision within ninety calendar days after receipt of a timely appeal, the original allocation decision shall be final. An allocation decision may be overturned only if the director finds it to have been arbitrary, capricious, or contrary to rule or law. The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and the criteria for selection of and method of service upon an advisory panel. Any decision shall be subject to judicial review pursuant to section 24-4-106. (III) When an employee who has filed an appeal with the state personnel director pursuant to subparagraph (II) of this paragraph (b) also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in subparagraph (II) of this paragraph (b) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision. (7) Leaves. (a) No employee shall earn more than ten days of sick leave per fiscal year. No employee may retain accumulated sick leave in excess of forty-five days at the end of any fiscal year; except that any employee who had accumulated sick leave prior to July 1, 1988, shall retain such leave and may accumulate a maximum of forty-five additional days. Any excess accumulation may be converted to annual leave at the rate of five days of sick leave to one day of annual leave up to a total of two days per fiscal year. A medical certificate form from a health-care provider shall be required for absences of more than three full consecutive working days, or the use of sick leave shall be denied. (b) The procedures of the state personnel director shall provide that no more than two days of paid leave per fiscal year shall be granted for organ, tissue, or bone marrow donation for transplants. Such leave may not be accumulated. rtificate form from a health-care provider shall be required for absences of more than three full consecutive working days, or the use of sick leave shall be denied. (b) The procedures of the state personnel director shall provide that no more than two days of paid leave per fiscal year shall be granted for organ, tissue, or bone marrow donation for transplants. Such leave may not be accumulated. (c) The state personnel director may establish procedures to allow the transfer of annual leave between employees when one employee, or an immediate family member of the employee, experiences an unforeseeable life-altering event beyond the employee's control. The recipient of any annual leave shall have a minimum of one year of state service and exhausted all applicable paid leave, including any compensatory time. (d) An employee certified as a disaster service volunteer of the American red cross may be granted paid leave for specialized disaster relief services. Such leave shall not exceed five days for a local disaster or fifteen days for a national disaster in a twelve-month period. Such leave may not be accumulated. During this period of leave, an employee shall not be deemed to be an employee for purposes of the "Workers' Compensation Act of Colorado", as provided in articles 40 to 47 of title 8, C.R.S. The leave authorized by this paragraph (d) shall run concurrent with and shall not be in addition to any paid leave of absence required by law for service by a member in a Colorado civil air patrol mission as provided in section 28-1-104, C.R.S., or for qualified volunteer service in a disaster as provided in section 24-33.5-825. (7.5) Repealed. (8) Payroll. (a) Salaries paid on a monthly basis shall be paid as of the last working day of the month; except that: (I) Salaries for the month of June shall be paid on the first working day of July; and (II) For state personnel employees in the department of transportation hired before August 5, 1998, as amended, salaries for the month of December shall be paid on the first working day in January, unless any such employee informs the controller of the department of transportation of the employee's desire to be paid in the same manner as other employees in the state personnel system as provided in this subsection (8), in which case, the employee shall be paid in such manner. (a.5) Salaries paid on a monthly basis for the month of June shall be paid on the first working day of July. This subsection (8)(a.5) does not apply to institutions of higher education. (a.6) For state employment positions that are not otherwise covered by subsection (8)(a) of this section, whether or not the positions are in the state personnel system: (I) and (II) (Deleted by amendment, L. 2015.) (III) Salaries paid on a biweekly basis shall be paid fourteen days after the last day of the fourteen-day pay period. (b) and (c) Repealed. (d) Monthly salaries shall be converted to annual salary as the basis for calculating amounts due for periods other than monthly. (e) The state personnel director or the director's designee shall regulate, approve, and review all payroll deductions other than those expressly authorized by statute or state-sponsored for all state employees. The state personnel director may assess a charge to the organization that receives the benefit from such a payroll deduction to offset the cost to the state for this service. (f) No payroll deduction shall be made on behalf of a state employee without prior written authorization from the state personnel director or the director's designee. The state personnel director or the director's designee may authorize a payroll deduction only after receiving a written request for such payroll deduction from the employee, a department or agency representative, or an organization. (f) No payroll deduction shall be made on behalf of a state employee without prior written authorization from the state personnel director or the director's designee. The state personnel director or the director's designee may authorize a payroll deduction only after receiving a written request for such payroll deduction from the employee, a department or agency representative, or an organization. (g) Repealed. (9) Liability. (a) Except for gross negligence or fraud, no state employee responsible for calculating pay shall be in any manner liable for overpayment or underpayment of salaries. (b) No employee whose salary may be increased by an allocation of the employee's position to a class in a higher pay grade shall have any claim against the state unless the final allocation decision is made effective more than one year from the time the written allocation request was received by the appropriate personnel office. In such case, the employee is entitled to the difference between the salary of the old grade and the new salary for such period over twelve months. (10) Total compensation study including retirement benefits. (a) By January 15, 2015, by October 1, 2025, and by October 1 every fourth year thereafter, the state personnel director shall submit to the governor and the joint budget committee, along with the quadrennial compensation report required pursuant to subsection (4)(b) of this section, an addendum with a total compensation study that includes retirement benefits. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the addendum required in this subsection (10) continues indefinitely. (b) The state personnel director shall contract with a third-party compensation consulting firm with actuarial expertise and national standing to perform the total compensation study that includes retirement benefits required pursuant to paragraph (a) of this subsection (10). The study must compare total and component costs and values of the state's total compensation against similar workforce structures, including private companies and other states. (c) For purposes of the addendum to the quadrennial compensation report required pursuant to this subsection (10), the public employees' retirement association created in article 51 of this title 24 shall provide access to official association member information and data under a confidentiality agreement with the third-party compensation consulting firm. (d) The state personnel director shall notify the joint budget committee of the general assembly if he or she determines that the amount appropriated by the general assembly for the purpose of the study required pursuant to this subsection (10) is insufficient to procure a vendor to complete the scope of the work required. (11) Repealed.

C.R.S. § 24-50-104.5 Compliance with federal laws

24-50-104.5. Compliance with federal laws. (1) The state personnel director shall establish the general criteria and processes necessary for the state personnel system to fully comply with all applicable federal employment laws. Holidays and periods of authorized paid leave falling within a regularly scheduled workweek shall be counted as work time in determining overtime for employees performing essential law enforcement, highway maintenance, and other support services directly necessary for the health, safety, and welfare of patients, residents, and inmates of state institutions or state facilities. (2) The state personnel director may establish an internal review process of alleged violations of such federal laws. Such a review shall be conducted in summary fashion on the basis of written material. Except as otherwise provided in subsection (3) of this section, the state personnel director shall issue a written decision within ninety days after receipt of the written complaint. Any aggrieved party may also seek judicial review as specified by the applicable law. (3) When an employee who has sought a review with the state personnel director pursuant to subsection (2) of this section also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in subsection (2) of this section shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the review sought with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision.

C.R.S. § 24-50-105 State personnel system - cost of administration

24-50-105. State personnel system - cost of administration. (Repealed)

C.R.S. § 24-50-106 Transfer to new pay plan

24-50-106. Transfer to new pay plan. (Repealed)

C.R.S. § 24-50-107 Grade reduction by job evaluation action

24-50-107. Grade reduction by job evaluation action. (Repealed)

C.R.S. § 24-50-108 No claim against state

24-50-108. No claim against state. (Repealed)

C.R.S. § 24-50-109 Insufficient funds

24-50-109. Insufficient funds. (Repealed)

C.R.S. § 24-50-109.5 Fiscal emergencies - emergency orders

24-50-109.5. Fiscal emergencies - emergency orders. (1) As used in this section, "fiscal emergency" means any crisis concerning the fiscal condition of state government which is caused by a significant general fund revenue shortfall or significant reductions in cash or federal funds received by the state, which threatens the orderly operation of state government and the health, safety, or welfare of the citizens of the state, and which is declared a fiscal emergency by joint resolution adopted by the general assembly and approved by the governor in accordance with section 39 of article V of the state constitution. (2) With the advice and assistance of the state personnel director, the governor shall take such actions as necessary to be utilized by each principal department and each institution of higher education, including the Auraria higher education center established in article 70 of title 23, to reduce state personnel expenditures in the event of a fiscal emergency. Such actions include, but need not be limited to, separations, voluntary furloughs, mandatory furloughs, suspension of increases in salary and state contributions for group benefit plans, suspension of step pay, job-sharing, hiring freezes, forced reallocation of vacant positions, or a combination thereof. Any suspension of salary increases or increases in state contributions for group benefit plans shall apply statewide to all employees in the state personnel system. If mandatory furloughs are utilized in any principal department or institution of higher education, including the Auraria higher education center established in article 70 of title 23, such furloughs shall be implemented by each appointing authority so that all employees under such authority, regardless of status, position, or level of employment, are furloughed for the same length of time, consistent with section 24-2-103 (2). Employees of the following agencies and employees with duties as described shall not be subject to mandatory furlough: The Colorado state patrol, correctional officers, police officers, employees of the department of human services providing hands-on care, and employees providing hands-on nursing care. (3) Promptly after the adoption of a joint resolution declaring a fiscal emergency, the head of each principal department and the governing board of each institution of higher education and the Auraria higher education center established in article 70 of title 23, C.R.S., shall order into effect, on an emergency basis and in accordance with the actions taken by the governor pursuant to subsection (2) of this section, those measures they find necessary and appropriate to reduce the personnel expenditures of their departments or institutions to enable them to operate within available revenues. No such order shall have an effect beyond the time period specified in the joint resolution declaring the fiscal emergency.

C.R.S. § 24-50-110 Budget control - personal services

24-50-110. Budget control - personal services. (1) In order to provide controls and proper identification of personal services costs necessary to carry out the policy of the state regarding compensation of state employees, the following administrative and fiscal procedures apply: (a) Whenever the authorities or responsibilities within state government are altered by the general assembly, executive order of the governor, or action of an executive director of a principal department or whenever in the course of administering the state personnel system the state personnel director conducts a study of positions or classes in the state personnel system, the state personnel director shall estimate the increased costs of personal services, if any, resulting from such actions and shall submit such estimated costs to the joint budget committee of the general assembly and to the office of state planning and budgeting. (b) In their annual budget requests, the heads of all principal departments of state government shall set forth separately the projected costs of personal services arising from anticipated classification reviews, promotions, and other increases in compensation or bonuses for employees in their departments. The costs of personal services shall include any step pay. (c) No funds appropriated to any principal department for purposes other than personal services shall be used for personal services; except that the head of a principal department may use such funds for temporary personal services upon a showing of emergency or unusual circumstances where such use is necessary to the proper functioning of the department. Each such use shall be approved in advance by the governor and shall be reported to the general assembly. (d) (I) Except as set forth in subparagraph (II) of this paragraph (d), each principal department shall annually reconcile the number of positions it has authorized for the prior fiscal year with the number of appropriated full-time equivalent employees for the same fiscal year. On or before September 1 of each year, a department shall submit a copy of such reconciliation to the department of personnel. On or before October 1 of each year, the department of personnel shall prepare a report that consolidates all of the departmental reconciliations and provide the report to the office of state planning and budgeting and the joint budget committee. The department of personnel has the authority to abolish any nonappropriated or vacant classified positions identified in this reconciliation. (II) On or before September 1 of each year, the department of higher education shall report to the department of personnel the number of positions authorized at each institution of higher education, but the department is not subject to the reconciliation requirement set forth in subparagraph (I) of this paragraph (d). (III) This paragraph (d) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirements of this section are effective until changed by the general assembly acting by bill.

C.R.S. § 24-50-111 Appointments and promotions to offices - competitive examinations

24-50-111. Appointments and promotions to offices - competitive examinations. (Repealed)

C.R.S. § 24-50-112 Examinations - when held - standards - eligible list

24-50-112. Examinations - when held - standards - eligible list. (Repealed)

C.R.S. § 24-50-112.5 Selection system - definitions - rules - report - repeal

24-50-112.5. Selection system - definitions - rules - report - repeal. (1) (a) The state personnel director shall establish procedures and directives necessary to implement a merit-based statewide selection system to be used uniformly by all principal departments. Such procedures and directives shall include, but are not limited to, procedures for acceptance of applications, job qualification standards for candidates, extension of eligible lists, consistent evaluation and examination procedures for equivalent job classifications, and development and administration standards for the comparative analysis process. (b) (I) Appointments and promotions to positions shall be based on a fair and open comparative analysis of candidates based on objective criteria. Selections shall be made without regard to race, color, creed, religion, national origin, ancestry, age, sexual orientation, gender identity, gender expression, marital status, or political affiliation and without regard to sex or disability except as otherwise provided by law or subsection (8) of this section. (II) As used in this subsection (1)(b): (A) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (B) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race. (2) Employment lists. (a) Employment lists shall be used in the following order of priority: Departmental reemployment lists, promotional eligible lists, and eligible lists. Where there is no departmental reemployment list, an appointing authority may consider another department's reemployment list, together with eligible lists. Departmental reemployment lists shall contain the names of certified employees in a given department laid off for lack of work, lack of funds, or reorganization. (b) Candidates shall be placed on an eligible list and ranked based on the comparative analysis. Qualified candidates shall receive veterans' preference as prescribed by section 15 of article XII of the state constitution and subsection (7) of this section. The person to be appointed to any position under the state personnel system shall be one of the six persons ranking highest on the eligible list or such lesser number as qualify. (3) Comparative analysis of candidates. (a) Each appointing authority shall develop the comparative analysis of candidates based on objective criteria to be used by the appointing authority. A comparative analysis must be a professionally accepted standard that compares specific job-related knowledge, skills, abilities, behaviors, and other competencies. A comparative analysis may include, but is not limited to, a written examination, oral board, or search committee. Only qualified applicants shall be included in a comparative analysis process. Applicants shall not be rejected solely because they do not have the education required, except where education is a prerequisite for a profession or is required by law. Where education is not a prerequisite or is not required by law, an applicant's experience shall be considered. (b) Promotional comparative analysis shall be limited to qualified employees, including persons on reemployment lists. Performance evaluations may be utilized as part of a promotional comparative analysis plan. (4) Appeals. (a) Any person directly affected by the selection and comparative analysis process action may file a written appeal with the state personnel director. The appeal must be filed within ten days after the administration of the comparative analysis. The director or a designee of the director shall review the appeal in summary fashion on the basis of written material submitted in connection with such appeal, which may be supplemented by oral argument at the discretion of the director or designee. le a written appeal with the state personnel director. The appeal must be filed within ten days after the administration of the comparative analysis. The director or a designee of the director shall review the appeal in summary fashion on the basis of written material submitted in connection with such appeal, which may be supplemented by oral argument at the discretion of the director or designee. (b) The state personnel director may convene an advisory panel of qualified human resource selection professionals, with one member selected by the aggrieved person, to assist the director in making a decision. Except as otherwise provided in paragraph (d) of this subsection (4), the director shall issue a written decision within ninety days after receipt of a timely appeal. The selection and comparative analysis process action may be overturned only if the director finds the action to have been arbitrary, capricious, or contrary to rule or law. If the director fails to issue a decision within said ninety-day period, the original comparative analysis and outcome shall be final. A written decision on any appeal filed pursuant to this subsection (4) or the outcome of an appeal resulting from the failure to issue such a decision shall be subject to judicial review pursuant to section 24-4-106, unless the matter is appealed to the state personnel board pursuant to paragraph (e) of this subsection (4). (c) The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and criteria for advisory panel selection and service. The process for resolving appeals shall specify that if an employee who has filed an appeal with the state personnel director also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, and if the appeal is filed before the expiration of the ninety-day period and before the director has issued a written decision, the ninety-day period shall be tolled until there is a final agency action by the board. The board shall establish rules for certification of a person to a position when an appeal is pending relative to the selection and comparative analysis process for that position. (d) When an employee who has filed an appeal with the state personnel director pursuant to this subsection (4) also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in paragraph (b) of this subsection (4) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision. , the ninety-day period specified in paragraph (b) of this subsection (4) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision. (e) After the state personnel director's final decision pursuant to this subsection (4), any person directly affected by the comparative analysis process may file a written appeal with the state personnel board. The petition must be filed within ten days after the state personnel director's final decision has been received by the affected person. The board may grant the petition only when it appears that the decision of the appointing authority violates the comparative analysis standards set forth in this section, in any other provision of law, or in any rules or procedures relating to the comparative analysis process. The board shall review and summarily grant or deny a petition within one hundred twenty days of receipt of the petition. Any petition granted shall be determined in accordance with section 24-50-125.4. (5) Appointments. (a) Only a qualified candidate shall be appointed to a position in the state personnel system. A qualified employee may transfer between positions in the same class or to a different class at the same pay grade. The gaining organization shall assume all liability for the employee's base salary, credited leave accruals, and other applicable personnel system benefits. (b) The board shall establish probationary periods for all persons who are initially appointed or promoted into a different position or who are in a position reallocated to a higher pay grade. The probationary period shall not exceed twelve months for any class or position. The person shall be certified to such class or position after satisfactory completion of any probationary period as demonstrated by performance evaluations. Unsatisfactory performance shall be grounds for dismissal of the person by the appointing authority during such probationary period without right of appeal. Any certified employee who is promoted to a different class or position and who fails to perform satisfactorily during the probationary period shall be reverted to a position in the former certified class or be disciplined. (6) State auditor's employees. The state personnel director may, following consultation with the state auditor and consistent with the principles of separation of powers, establish special procedures governing appointment and promotion of employees of the state auditor's office. The procedures shall address the special situations, circumstances, and duties unique to employees of the state auditor's office. All procedures shall be consistent with sections 13, 14, and 15 of article XII of the state constitution. (7) Veterans' preference for spouse. (a) If a candidate is the spouse of a disabled veteran who is unable to work, and who can provide proof of such disability pursuant to paragraph (b) of this subsection (7), and who is eligible for preference in hiring pursuant to section 15 of article XII of the state constitution, the candidate is eligible for preference in hiring as follows: (I) If a numerical method is used for the comparative analysis of candidates, five points shall be added to the comparative analysis score of the candidate. (II) If a nonnumerical method is used for the comparative analysis of candidates, the candidate shall be added to the interview eligible list. icle XII of the state constitution, the candidate is eligible for preference in hiring as follows: (I) If a numerical method is used for the comparative analysis of candidates, five points shall be added to the comparative analysis score of the candidate. (II) If a nonnumerical method is used for the comparative analysis of candidates, the candidate shall be added to the interview eligible list. (b) To be eligible for preference pursuant to this subsection (7), a candidate who is the spouse of a disabled veteran must provide a letter, obtained by the disabled veteran from the United States department of veterans affairs, certifying that the veteran is a disabled veteran and is unable to work due to the nature of his or her disability as determined by the United States department of veterans affairs. For purposes of this subsection (7), the certification letter is valid for twelve months following the date of issuance by the United States department of veterans affairs. In addition, the candidate must provide proof that he or she is the legally recognized spouse of the veteran who obtained the letter pursuant to this paragraph (b). (c) A candidate is not eligible for preference pursuant to this subsection (7) with respect to a promotional opportunity. Any promotional opportunity that is also open to persons other than employees for whom such appointment would be a promotion shall be considered a promotional opportunity for the purposes of this paragraph (c). (8) Hiring preference pilot program for persons with disabilities. (a) (I) The executive director of the department of labor and employment, in collaboration with the state personnel director, shall develop and implement a hiring preference pilot program for persons with disabilities applying for a position in the department. (II) When the department uses a nonnumerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add all applicants who are eligible for the preference for people with disabilities and who meet all minimum and special qualifications under this subsection (8) to the referral list for interview. (III) When the department uses a numerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add five points to the final score of the applicant when all elements of the selection process are completed, but prior to referral of an applicant for interview for the position. (IV) An applicant is eligible for a preference under this subsection (8) if the candidate: (A) Meets the minimum qualifications or any other requirements for the position; (B) Is a person with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, who has voluntarily identified as a person with a disability on the application for the position and who has requested to participate in the pilot program; and (C) Submits proof of a disability in a form and manner specified under the pilot program. (V) An applicant may be given both the veteran's preference and a disability preference, but an applicant is not eligible for both a disabled veteran's preference and a disability preference. (b) The pilot program is not available to a candidate seeking a promotion or to a person currently employed by the state. (c) When the pilot program is developed under this subsection (8): (I) The state personnel director shall adopt or amend rules as necessary to enable the implementation of the pilot program; (II) The department shall implement the pilot program no later than January 1, 2023; (III) The state personnel director may allow other principal departments to implement the pilot program for appointments to positions within those departments; and (IV) The pilot program may not be used by any principal department after December 31, 2027. ssary to enable the implementation of the pilot program; (II) The department shall implement the pilot program no later than January 1, 2023; (III) The state personnel director may allow other principal departments to implement the pilot program for appointments to positions within those departments; and (IV) The pilot program may not be used by any principal department after December 31, 2027. (d) By November 1, 2027, any principal department that participates in the pilot program shall submit a report to the state personnel director. The state personnel director shall compile all reports and submit one final report to the house business affairs and labor committee and the senate business, labor, and technology committee, or any successor committees. The report must include at least the following information: (I) The period when the pilot program was used by the department; (II) The number of applicants for appointments within the department that opted to participate in the pilot program; (III) The number of persons with disabilities who were appointed to positions within the department; and (IV) Any other determining factors of data that may affect the implementation of a permanent program. (e) As used in this subsection (8): (I) "Department" means the department of labor and employment. (II) "Pilot program" means the hiring preference pilot program, created in this subsection (8), for people with disabilities. (f) This subsection (8) is repealed, effective December 31, 2027.

C.R.S. § 24-50-113 Promotions

24-50-113. Promotions. (Repealed)

C.R.S. § 24-50-114 Temporary appointments - term - tenure

24-50-114. Temporary appointments - term - tenure. (1) Pending the availability of an eligible list determined by the state personnel director to be appropriate for a class, the appointing authority, with the prior approval of the state personnel director, may fill a vacancy for a permanent position by temporary appointment of a qualified, certified employee in accordance with the promotional policy established by the board. In the absence of such an eligible employee, temporary appointments of qualified persons may be made from without the state personnel system. A temporary appointment shall not exceed nine months in length, except for personal services contracts as permitted by part 5 of this article. An appointing authority must wait at least four months between temporary appointments for the same position that are made pursuant to this subsection (1). If the vacancy is for a permanent position, an eligible list shall be established within the nine-month period following the temporary appointment. (2) The state personnel director may, by rule, authorize principal department heads and presidents of colleges and universities to employ persons from outside the state personnel system on a temporary basis while an eligible list is being provided or in emergency or seasonable situations nonpermanent in nature, but in each case the period of employment shall not exceed nine months, except for personal services contracts as permitted by part 5 of this article. (3) Temporary appointees from outside the state personnel system shall have none of the protection of tenure afforded by this part 1 to certified employees. (4) In case of emergency threatening the public health, welfare, or safety, a temporary appointment may be made without prior approval of the state personnel director, but such appointment may not continue without such approval for more than fifteen days. (5) Except as provided in subsection (4) of this section, the prior approval of all temporary appointments to permanent positions shall be obtained from the state personnel director before such temporary appointments are made. The director may not delegate the authority to approve such temporary appointments. If any such appointment is made before the prior approval of the director is obtained, the appointment shall be considered void from the beginning and the person appointed to such position shall be immediately terminated.

C.R.S. § 24-50-115 Employment lists - appointments - probationary periods

24-50-115. Employment lists - appointments - probationary periods. (Repealed)

C.R.S. § 24-50-115.5 Former employees of state fair and industrial exposition commission

24-50-115.5. Former employees of state fair and industrial exposition commission. (Repealed)

C.R.S. § 24-50-116 Standards of performance and conduct

24-50-116. Standards of performance and conduct. Each employee shall perform his duties and conduct himself in accordance with generally accepted standards and with specific standards prescribed by law, rule of the board, or any appointing authority.

C.R.S. § 24-50-117 Prohibited activities of employees

24-50-117. Prohibited activities of employees. No employee shall engage in any employment or activity which creates a conflict of interest with his duties as a state employee. The board shall promulgate general rules on incompatible activities, conflicts of interest, and employment outside the normal course of duties of state employees.

C.R.S. § 24-50-118 Service and performance evaluations - system and use

24-50-118. Service and performance evaluations - system and use. (Repealed)

C.R.S. § 24-50-119 Incentive and recognition plans

24-50-119. Incentive and recognition plans. (Repealed)

C.R.S. § 24-50-120 Leaves of absence

24-50-120. Leaves of absence. (Repealed)

C.R.S. § 24-50-120.5 Disaster service leave

24-50-120.5. Disaster service leave. (Repealed)

C.R.S. § 24-50-121 Transfer of employees

24-50-121. Transfer of employees. (Repealed)

C.R.S. § 24-50-122 Opportunities for training - professional development center cash fund - creation - rules

24-50-122. Opportunities for training - professional development center cash fund - creation - rules. (1) The state personnel director shall be responsible for the establishment and maintenance of training programs for employees in the state personnel system. He or she shall identify training needs for current and anticipated classes of positions within the classified system, shall identify and recommend to the governor and the general assembly the most economical and effective means of meeting those training needs, and shall regularly assess the effectiveness of such training as may be conducted. State funds shall not be expended for the training of employees in the state personnel system without the approval of the state personnel director. (2) The executive director of the department of personnel shall establish any fees necessary to pay for the direct and indirect costs of the training programs specified in subsection (1) of this section. All moneys collected shall be transmitted to the state treasurer, who shall credit the same to the professional development center cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of establishing and maintaining the training programs specified in subsection (1) of this section. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

C.R.S. § 24-50-123 Grievances - review

24-50-123. Grievances - review. (1) The board shall, by rule promulgated in accordance with article 4 of this title, adopt uniform procedures to be used by all principal departments and institutions of higher education in developing grievance processes for their employees. The grievance procedures shall provide an orderly system of review for all grievances and shall define matters that are subject to such grievance procedures. (2) Matters arising under sections 24-50-125 and 24-50-104 (1)(c) shall not be subject to a grievance procedure under this section. (3) The decision of the appointing authority shall be final; except that an employee may petition the board for review. The board may grant the petition only when it appears that the decision of the appointing authority violates an employee's rights under the federal or state constitution, part 4 of article 34 of this title, article 50.5 of this title, or the grievance procedures adopted pursuant to subsection (1) of this section. The board shall review and summarily grant or deny a petition within one hundred twenty days of receipt of the petition; except that petitions filed with the board that result in an investigation pursuant to section 24-50-125.3 or 24-50.5-104 are exempt from the one-hundred-twenty-day review requirement. Any petition granted shall be determined in accordance with section 24-50-125.4.

C.R.S. § 24-50-124 Reduction of employees - definition

24-50-124. Reduction of employees - definition. (1) (a) When certified employees who, as of January 1, 2013, are within five years from being eligible for full retirement pursuant to section 24-51-602 (1)(a) are separated from state service, they shall be separated or demoted according to procedures established by rule. Such procedures shall require that consideration be given to performance evaluations of the employees and seniority within the total state service. Such employees shall have retention rights throughout the principal department in which they are employed unless the head of the department requests, and the board approves, in advance, limitation of retention rights to major divisions, institutions, or colleges within the principal department. (b) The state personnel director shall establish procedures, by rule, for the separation or demotion of any certified employees not covered by paragraph (a) of this subsection (1) from state service due to lack of work, lack of funds, or reorganization. Such procedures shall require that consideration be given to performance evaluations of an employee and seniority within the total state service. (c) The appointing authorities from all departments shall consider placing a certified employee who has been identified pursuant to the procedures established pursuant to paragraph (b) of this subsection (1) as a person to be separated from state service into a funded, vacant position for which the employee is qualified. The state personnel director shall establish by rule procedures for such placements. (d) (I) The state personnel director shall establish by rule a layoff plan that may be used by a department to provide postemployment compensation or other benefits for certified employees separated from state service. The plan may include, but is not limited to, a hiring preference, payment towards the continuation of health benefits for a specified time after separation, tuition or educational training vouchers, severance pay, or placement on a departmental reemployment list. (II) The postemployment compensation or other benefits may be offered through a separation agreement. (III) In no case shall the total value of the postemployment compensation and other benefits authorized pursuant to this paragraph (d) exceed an amount equal to one week of an employee's salary for every year of his or her service, up to a maximum of eighteen weeks of the employee's salary. (IV) A certified employee is not entitled to receive any postemployment compensation or other benefits pursuant to this paragraph (d). (2) A certified employee who is separated from state service shall be placed on a departmental reemployment list for a period of not less than one year, unless the employee waives the right to be so placed as part of a separation agreement. (3) As used in this section, "separated from state service" means separated from state service due to lack of work, lack of funds, or reorganization.

C.R.S. § 24-50-125 Disciplinary proceedings - appeals - hearings - procedure - definitions

24-50-125. Disciplinary proceedings - appeals - hearings - procedure - definitions. (1) A person certified to any class or position in the state personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. In considering the conviction of a crime, the board shall be governed by the provisions of section 24-5-101. (1.5) (a) In considering any disciplinary action pursuant to this section against an employee who is certified to any class or position in the state personnel system for engaging in violent behavior or a threat of violent behavior against another person while on duty, the appointing authority shall give predominant weight to the safety of the other person over the interests of the employee. For purposes of this subsection (1.5), "violent behavior" means any act or threat of physical, verbal, or psychological aggression or the destruction or abuse of property by any individual. A threat may include a veiled, conditional, or direct threat in verbal, written, electronic, or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property. (b) If the appointing authority finds that the employee has engaged in violent behavior or a threat of violent behavior against another person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to the person created by the employee's actions. Nothing in this subsection (1.5)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system. (c) This subsection (1.5) applies regardless of whether the employee has been charged with or convicted of a crime. (2) Any certified employee disciplined under subsection (1) of this section shall be notified in writing by the appointing authority, by certified letter or hand delivery, no later than five days following the effective date of the action, of the action taken, the specific charges giving rise to such action, and the employee's right of appeal to the board. The notice shall include a statement setting forth the time limit for filing an appeal with the board, the address of the board, the requirement that the appeal be in writing, and the availability of a standard appeal form. Upon failure of the appointing authority to notify the employee in accordance with this subsection (2), the employee shall be compensated in full for the five-day period and until proper notification is received. (3) Within ten days after the receipt of the notification required by subsection (2) of this section or within such additional time as may be permitted by the board in unusual cases for good cause shown, the employee may petition the board for a hearing upon the action taken. Upon receipt of such petition, the board shall grant a hearing to the employee. If the employee fails to petition the board within ten days or within such additional time granted by the board, the action of the appointing authority shall be final and not further reviewable. by the board in unusual cases for good cause shown, the employee may petition the board for a hearing upon the action taken. Upon receipt of such petition, the board shall grant a hearing to the employee. If the employee fails to petition the board within ten days or within such additional time granted by the board, the action of the appointing authority shall be final and not further reviewable. (4) The hearing shall be held within ninety days of receipt of the employee's appeal pursuant to the provisions of section 24-50-125.4. The employee shall be entitled to representation of his or her own choosing at his or her own expense, consistent with the rules of the Colorado supreme court concerning the unauthorized practice of law. The board shall cause a verbatim record of the proceedings to be taken and shall maintain the record. At the conclusion of the hearing, but not later than forty-five days after the conclusion of the hearing, the board shall make public written findings of fact and conclusions of law affirming, modifying, or reversing the action of the appointing authority, and the appointing authority shall thereupon promptly execute the findings of the board. (5) In addition, upon request by the employee or the employee's representative and within the period provided in section 24-50-125.4 (2), the board shall hold a hearing on an appeal for any certified employee in the state personnel system who protests any action taken that adversely affects the employee's current base pay as defined by board rule, status, or tenure. A probationary employee shall be entitled to all the same rights to a hearing as a certified employee; except that such probationary employee shall not have the right to a hearing to review any disciplinary action taken pursuant to subsection (1) of this section while a probationary employee. This subsection (5) shall not apply to appeals brought pursuant to section 24-50-104. (6) Disciplinary hearings shall be limited to those specified in this section. (7) Failure, without good cause, of an employee or his representative to appear at a hearing shall be deemed a withdrawal of his appeal, and the action of the appointing authority shall be final. Failure, without good cause, of the appointing authority or his representative to appear at a hearing shall be deemed cause to dismiss the case and to award the employee all rights, salaries, and benefits as though the employee had won the appeal.

C.R.S. § 24-50-125.3 Discrimination appeals

24-50-125.3. Discrimination appeals. An applicant or employee who alleges discriminatory or unfair employment practices, as defined in part 4 of article 34 of this title, in the state personnel system may appeal within ten days of the alleged practice by filing a complaint in writing with the board or the Colorado civil rights division in the department of regulatory agencies, which shall investigate such complaint on behalf of the board pursuant to the procedures and time limits set forth in section 24-34-306. In an appeal involving the civil rights division, the state personnel board shall contract with a third party to investigate the complaint. If, after said civil rights division or third party has found no probable cause or has attempted after a finding of probable cause to resolve the complaint by conference, conciliation, and persuasion, the applicant or employee remains dissatisfied, such person shall have ten days from the date he is notified of the civil rights division's or third party's action in which to appeal to the board. The board may set the complaint for hearing or adopt the findings of the civil rights division or third party as its own. If the complaint is set for hearing, it shall be subject to the same time limits as other appeals heard by the board. If the board adopts a no probable cause finding as its own, such action shall not operate to deny an employee a hearing to which he is otherwise entitled by law or rule.

C.R.S. § 24-50-125.4 Hearings

24-50-125.4. Hearings. (1) Except for discrimination appeals that may also be filed with the Colorado civil rights division in the department of regulatory agencies, all appeals from actions of the state personnel director, appointing authorities, and agencies that are specifically appealable to the board under the state constitution or this article shall be filed with the board within ten days of receipt of notice of such action. (2) The board shall give written notice of the time and place of a hearing to the parties involved at least twenty days before the date set for the hearing. The hearing shall commence not later than ninety calendar days after submission of the appeal to the board and may be continued only once for good cause for no longer than thirty days with the approval of the board. (3) The board or an administrative law judge for the board shall issue a written decision within forty-five calendar days after the conclusion of the hearing and the submission of briefs. Any party may appeal the decision of the board to the court of appeals within forty-nine days in accordance with section 24-4-106 (11). (4) If an administrative law judge conducts a hearing on behalf of the board, any party who seeks to modify the initial decision must file an appeal with the board within thirty days of the initial decision pursuant to section 24-4-105 (14). Within sixty days after the record is designated in accordance with section 24-4-105 (15)(a), the board shall certify the record. The board shall conduct its review in accordance with section 24-4-105 (15)(b) and issue its final decision within ninety days after the record has been certified. (5) If any party is responsible for any inexcusable delay in conducting the hearing or in the issuance of a decision, the responsible party shall pay the opposing party's costs, including attorney fees. (6) The board or an administrative law judge for the board may give any written notices or issue any written decisions required in this section by either regular or electronic mail or by facsimile. The board shall promulgate rules in accordance with article 4 of this title to establish a uniform system for service of written notices and decisions.

C.R.S. § 24-50-125.5 Recovery for improper personnel action

24-50-125.5. Recovery for improper personnel action. (1) Upon final resolution of any proceeding related to the provisions of this article, if it is found that the personnel action from which the proceeding arose or the appeal of such action was instituted frivolously, in bad faith, maliciously, or as a means of harassment or was otherwise groundless, the employee bringing the appeal or the department, agency, board, or commission taking such personnel action shall be liable for any attorney fees and other costs incurred by the employee or agency against whom such appeal or personnel action was taken, including the cost of any transcript together with interest at the legal rate. Reimbursement of such attorney fees and other costs shall be made by the employee or the department, agency, board, or commission upon presentation by the employee or agency of a statement of the attorney fees and other costs incurred which has been approved by the state personnel board, and any such claim approved by the state personnel board against an agency shall be a charge on moneys appropriated to the department, agency, board, or commission. Each department, agency, board, or commission shall report to the joint budget committee each year concerning the number of claims made and the amount of moneys paid by the department, agency, board, or commission under this section during the previous fiscal year. (2) Repealed.

C.R.S. § 24-50-126 Resignation - procedure and effect

24-50-126. Resignation - procedure and effect. (1) An employee may resign by filing his reasons in writing with the appointing authority. (2) Qualified employees who have resigned in good standing may be reinstated under conditions which the board shall prescribe by rule. (3) The board shall by rule prescribe the conditions under which absence without leave will be construed to be an automatic resignation.

C.R.S. § 24-50-127 Employee records - release of location information concerning individuals with outstanding felony arrest warrants - state personnel director's duties

24-50-127. Employee records - release of location information concerning individuals with outstanding felony arrest warrants - state personnel director's duties. (1) The state personnel director shall maintain the examination record of every candidate and the employment record of every employee. In addition, the state personnel director shall establish and maintain a personnel data inventory of all employees in the personnel system, which inventory shall contain such items as education, training, skills, and other pertinent data. The state personnel director shall make available such data to department heads for the most efficient utilization of the state's manpower. (2) (a) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state personnel director or the director's designee shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state personnel director or the director's designee and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the state personnel director, the director's designee, nor the division's employees or agents shall be liable in civil action for providing information in accordance with the provisions of this paragraph (a). (b) As used in paragraph (a) of this subsection (2), "law enforcement agency" means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to any police department, sheriff's department, district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.

C.R.S. § 24-50-128 Certification required before salary paid

24-50-128. Certification required before salary paid. (1) No salary shall be paid to any officer or employee of the state within the state personnel system as provided by the constitution unless the state personnel director has certified that the employment is in accordance with this part 1. (2) and (3) Repealed.

C.R.S. § 24-50-129 Appointing authority's salary liability

24-50-129. Appointing authority's salary liability. If any appointment is willfully made contrary to the provisions of this part 1, the appointing authority shall be personally responsible for any salary liability incurred.

C.R.S. § 24-50-130 Form of records and reports

24-50-130. Form of records and reports. The state personnel director shall prescribe the form of records and reports required to give effect to this article, and all appointing authorities shall maintain and submit the reports and records required.

C.R.S. § 24-50-131 Subpoena powers

24-50-131. Subpoena powers. The board, its administrative law judges, and the state personnel director, in the performance of their duties under this article, shall have the power of subpoena over persons and records, and such powers shall be enforceable by the courts.

C.R.S. § 24-50-132 Political considerations and prohibited activities

24-50-132. Political considerations and prohibited activities. Employees in the state personnel system shall be selected without regard to political considerations, shall not use any state facility or resource or the authority of any state office in support of any candidate, and shall not campaign actively for any candidate on state time or in any manner calculated to exert the influence of state employment.

C.R.S. § 24-50-133 Subversive acts - disqualification

24-50-133. Subversive acts - disqualification. No person shall be appointed to or retained in any position in the state personnel system who advocates or knowingly belongs to any organization that advocates the overthrow of the government of the United States by force or violence, with the specific intent of furthering the aims of such organization.

C.R.S. § 24-50-134 Moving and relocation expenses

24-50-134. Moving and relocation expenses. (1) When an employee in the state personnel system is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed his or her moving expenses incurred by reason of such change of residence. Moving expenses may include the reasonable expenses of moving household goods and personal effects and the reasonable costs of traveling to the employee's new residence. Any reimbursement pursuant to this subsection (1) shall be made in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service. (2) When an employee is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed relocation expenses in the form of a per diem allowance up to a maximum of thirty days for necessary expenses incurred while relocating a permanent residence. The employee may choose to exclude interruptions caused by sick leave, vacation, other authorized leave of absence, or ordered travel. The rates of reimbursement for relocation expenses shall not exceed the rates fixed by executive order. Any per diem payments made pursuant to this subsection (2) shall be in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service. (3) The state controller shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of this section. Such rules shall be in accordance with the regulations of the federal internal revenue service and shall include the following: (a) The circumstances under which an employee is eligible to claim moving expenses and relocation expenses pursuant to this section; (b) The nature of moving expenses and relocation expenses that a state employee may claim pursuant to this section; (c) The maximum amount of moving expenses an employee may claim pursuant to this section; and (d) Any other rules deemed necessary by the state controller for the administration of this section in compliance with the regulations of the federal internal revenue service.

C.R.S. § 24-50-135 Exemptions from personnel system

24-50-135. Exemptions from personnel system. (1) Administrators employed in educational institutions and departments not charitable or reformatory in character shall be exempt from the state personnel system. For purposes of this section, "administrators employed in educational institutions and departments" means: (a) Officers of an educational institution and their executive assistants; employees in professional positions, including the professional employees of a governing board; and any other employees involved in the direct delivery of academic curriculum; (b) and (c) (Deleted by amendment, L. 2004, p. 419, § 1, effective August 4, 2004.) (d) and (e) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1425, § 19, effective August 10, 2011.) (f) Professional officers and professional staff of the department of higher education; and (g) (Deleted by amendment, L. 2004, p. 419, § 1, effective August 4, 2004.) (h) Employees in positions funded by grants, gifts, or revenues generated through auxiliary activities. For purposes of this paragraph (h), "auxiliary activities" means institutional activities managed and accounted for as self-supporting activities. (2) (a) The president of each educational institution or a person designated by the president shall determine which administrative positions in that institution are exempt from the state personnel system under subsection (1) of this section, subject to an appeal to the board; except that a position shall not be determined to be exempt while it is held by an existing employee in the state personnel system. The president of an educational institution may decide not to exempt a position funded through auxiliary activities if the president determines that exempting the position is not in the best interests of the institution. (b) The executive director of the Colorado commission on higher education shall determine which administrative positions in the department of higher education other than administrative positions in educational institutions are exempt from the state personnel system under subsection (1) of this section, subject to an appeal to the board. (c) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1425, § 19, effective August 10, 2011.) (d) No later than December 31 of each year, the executive director of the Colorado commission on higher education shall submit a report to the state personnel director, in the form prescribed by the director, listing all positions in the department of higher education, other than positions at educational institutions, that are exempt from the state personnel system in accordance with this section. (3) For purposes of this section, a person is in a professional position or is a professional employee or professional staff if the person is in a position that involves the exercise of discretion, analytical skill, judgment, personal accountability, and responsibility for creating, developing, integrating, applying, or sharing an organized body of knowledge that characteristically is: (a) Acquired through education or training that meets the requirements for a bachelor's or graduate degree or equivalent specialized experience; and (b) Continuously studied to explore, extend, and use additional discoveries, interpretations, and applications and to improve data, materials, equipment, applications, and methods. (4) The state personnel director shall establish procedures to approve the exemption of an employee from the state personnel system pursuant to section 13 (2)(a)(XI) and (2)(a)(XII) of article XII of the state constitution.

C.R.S. § 24-50-136 Persons brought into the personnel system

24-50-136. Persons brought into the personnel system. (1) Whenever a person currently or previously employed by the state of Colorado, not within the state personnel system, enters or is brought into the state personnel system, the person shall be credited with his or her former state service for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Previous employment with the state shall include any period of employment for which an officer or employee received compensation not limited solely to expense reimbursement. Credit for previous state employment shall not be given for temporary employment, including student employment at an institution of higher education or the Auraria higher education center established in article 70 of title 23, C.R.S., or service as a member of a part-time board or commission. (2) Whenever, by reason of constitutional amendment, legislative enactment, executive order, or action of an executive department functions outside state government are assumed by state government, persons performing such functions shall be credited with the years of service in their former positions for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. (3) Whenever employees enter the state personnel system from political subdivisions of the state with merit systems similar to the state personnel system as a result of a formal arrangement with that merit system, the state personnel director shall, by rule adopted in accordance with article 4 of this title, establish rates and conditions of accumulated leave carry-over, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Such rates and conditions shall fairly recognize the employees' prior employment and provide a recruitment incentive to those persons who might benefit state government.

C.R.S. § 24-50-137 Persons holding exempted positions

24-50-137. Persons holding exempted positions. (1) and (2) Repealed. (3) (Repeal provision deleted by revision.) (4) Any certified employee of the personnel system who accepts an appointment to an exempt position at the request of the governor or other elected or appointed officials of this state shall be granted leave without pay from his personnel system position for the initial period of appointment to the exempt position. Upon termination of the initial period of such appointment, such employee shall be reinstated to his former position with no loss of any rights or benefits accruing to that position in his absence and with restoration of all accrued unused leave which he had at the time of acceptance of the exempt appointment. In the event his former position no longer exists, the layoff procedure shall be followed. If such employee does not apply to return to his personnel system position within a thirty-day period of his termination from the exempt position, he shall be deemed to have resigned.

C.R.S. § 24-50-138 Effect of transfer of powers, duties, and functions

24-50-138. Effect of transfer of powers, duties, and functions. (1) The department of personnel to which powers, duties, and functions of the civil service commission are transferred shall be the successor in every way with respect to such powers, duties, and functions, subject to the provisions of the state constitution. Every act performed in the exercise of such powers, duties, and functions by the department of personnel shall be deemed to have the same force and effect as if performed by the civil service commission prior to July 1, 1971. Whenever the civil service commission is referred to or designated by any law, contract, insurance policy, bond, or other document, such reference or designation shall be deemed to apply to the state personnel board or the state personnel director, as the case may be, in which the powers, duties, and functions of the civil service commission are vested. (2) No suit, action, or other proceeding, judicial or administrative, lawfully commenced by or against the civil service commission or by or against any officer or member of the civil service commission in his official capacity or in relation to the discharge of his official duties shall abate by this part 1. The court may allow the suit, action, or other proceeding to be maintained by or against the state personnel board or the state personnel director, as the case may be, or any officer affected. (3) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this part 1.

C.R.S. § 24-50-139 Administrative law judges - duties - qualifications - repeal

24-50-139. Administrative law judges - duties - qualifications - repeal. (Repealed)

C.R.S. § 24-50-140 Reports on other employment systems

24-50-140. Reports on other employment systems. In order to provide for the coordination of the state personnel system with other systems of state employees, no later than November 15 of each year, each department or agency of state government having employees who are not within the state personnel system, including but not limited to the state institutions of higher education and the judicial department, shall submit to the joint budget committee and any member of the general assembly so requesting such copy a classification plan for those employees not within the state personnel system, including a preliminary estimate of the number of such employees and their salary levels for the ensuing fiscal year and a statement of the pay increase policies and procedures utilized by the department or agency. No later than January 1 next following, each such department or agency shall transmit to the joint budget committee and any member of the general assembly so requesting such copy a final estimate of the number of such employees and their salary levels for the ensuing fiscal year.

C.R.S. § 24-50-141 Rules and regulations - limitations - affirmative action corrective remedies - implementation

24-50-141. Rules and regulations - limitations - affirmative action corrective remedies - implementation. (1) It is the intent of the general assembly to encourage the implementation of equal employment opportunities and affirmative action corrective remedies within the state personnel system which preserve the merit principles contained in section 13 of article XII of the state constitution and this article and which disavow and prohibit the imposition of a mandatory quota system. Until January 1, 1980, and while underutilization of and invidious discrimination against members of ethnic and racial minorities and women exist and continue to exist within the state personnel system, the board is authorized to adopt and implement rules and regulations which carry out the intent of this section. Such rules and regulations shall be implemented only upon written findings by the state personnel director in each instance that the following conditions exist with reference to specific appointments and promotions within the state personnel system: (a) The appointing authority has voluntarily requested referrals for affirmative action purposes; (b) There is discriminatory underutilization of members of the ethnic or racial minority group or women for which the referral has been requested, within the agency, in the class for which an appropriate eligible list or combination of eligible lists has been compiled; and (c) The test or selection devices for the compilation of such eligible list or lists have not been validated according to applicable employee selection guidelines. (2) Rules and regulations of the state personnel system adopted and implemented in accordance with this section, except rules and regulations relating to grievance and appeal procedures within the state personnel system and based on allegations of discrimination, are repealed, effective January 1, 1980, and the authority of the board to adopt and implement any affirmative action corrective remedy or rule, which allows or provides for, or incorporates by reference, requisitions or referrals which are in addition to the names of the three persons ranking highest on the appropriate eligible list or combination of such lists, is terminated on such date. (3) Repealed.

C.R.S. § 24-50-142 Repayment of debts to state-supported institutions of higher education by state employees

24-50-142. Repayment of debts to state-supported institutions of higher education by state employees. (1) Repealed. (2) An applicant for employment under the state personnel system shall declare whether he has any outstanding loan or obligation due to a state-supported institution of higher education and whether such loan or obligation is past-due.

C.R.S. § 24-50-143 Establishment and administration of overtime rules - appeals - election of remedies

24-50-143. Establishment and administration of overtime rules - appeals - election of remedies. (Repealed)

C.R.S. § 24-50-144 Rules on affirmative action

24-50-144. Rules on affirmative action. (Repealed)

C.R.S. § 24-50-145 Agency-based human resource innovation and management processes - legislative declaration - definitions - guidelines and goals

24-50-145. Agency-based human resource innovation and management processes - legislative declaration - definitions - guidelines and goals. (1) The general assembly hereby finds and declares: (a) That the state personnel system must ensure that the process of staffing state government is based on merit and fitness, independent of the political system; (b) That the public is entitled to a state personnel system that protects the basic merit principles prescribed by the constitution and that constantly improves through innovation, flexibility, and responsiveness to changing human resource management needs; (c) That a state personnel system based on and pursuing these fundamental goals is essential in order to maintain the confidence of the public in the state personnel system, to attract the best possible applicants for public employment, to create a workplace environment where state employees are motivated to excel, and to encourage long-term careers in state service; (d) That the state personnel system is designed, in part, to pursue these goals by allowing agencies to implement processes for human resource innovation and management, including, but not limited to, processes for employee recruitment, appointment, promotion, individual position allocation, performance evaluation, and dispute resolution within those agencies that operate within the constitutional framework for the state personnel system. (2) As used in this section, unless the context otherwise requires, "agency" means any department, board, bureau, commission, division, institution, or other agency of the state, including institutions of higher education. (3) Each agency is hereby authorized to develop with the state personnel director or the personnel board, as appropriate, and subject to the Colorado constitution, applicable statutes, personnel board rules, and procedures of the state personnel director, processes for human resource innovation and management applicable to such agency. The state personnel director or the personnel board, as appropriate, shall provide assistance to any agency with implementation and coordination of agency processes for human resource innovation and management and shall consult with agencies to ensure that such processes are administered in adherence to the Colorado constitution, applicable statutes, personnel board rules, and procedures of the state personnel director. The agency processes for human resource innovation and management shall be formulated utilizing the input of the agency's management and nonmanagement employees. The head of an agency developing processes for human resource innovation and management shall be responsible for implementing such processes in that agency and submitting to the state personnel director or the personnel board, as appropriate, a written statement describing any human resource innovation and management processes implemented by the agency. Such written statement shall be submitted to the state personnel director or the personnel board commensurate with the implementation of the processes by the agency. The written statement shall be updated by the head of the agency upon modification or revision of the agency's human resource innovation and management processes.

C.R.S. § 24-50-146 Colorado statewide equity office - legislative declaration

24-50-146. Colorado statewide equity office - legislative declaration. (1) The general assembly finds, determines, and declares that: (a) In order to facilitate a government that best serves the needs of Coloradans, the state should provide centralized direction and supervision of diversity initiatives to ensure consistency across state government; (b) Strong relationships with the various communities in the state allows the voices of Coloradans to be considered in the design and direction of programs that affect their lives; and (c) The state should foster an engaged workforce that reflects the diversity of Colorado and provides that workforce with equitable compensation and opportunities for development and advancement. (2) (a) The statewide equity office, referred to in this section as the "office", is hereby established in the department of personnel to provide best practices, resources, and guidance for state agencies in offering equitable services to the residents of Colorado, as well as providing an accepting and diverse environment for state employees. The office exercises its powers, duties, and functions under the department as a type 2 entity, as defined in section 24-1-105. (b) The office shall: (I) Ensure that state agencies consistently apply and are compliant with state and federal law and state executive orders related to the mission of the office, state universal policies, and partnership agreements entered into pursuant to section 24-50-1112; (II) Coordinate multi-agency initiatives to ensure fully accessible buildings for all Coloradans, regardless of language or ability; (III) Consult with state agencies on best practices regarding equity, diversity, and inclusion, and serve as a resource for state agencies regarding those matters, particularly with respect to equity, diversity, and inclusion when forming programs and delivering services; (IV) Collect and analyze relevant statewide data to identify gaps in diversity and develop opportunities for improvement; (V) Collaborate with established equity resources groups as well as other key stakeholders both inside and outside state government; (VI) Develop, update, deploy, and maintain statewide training related to developing and maintaining a diverse workforce; and (VII) Standardize a program of equity, diversity, and inclusion that seeks to support just and equitable opportunity for all Coloradans and state employees.

C.R.S. § 24-50-201 Legislative declaration

24-50-201. Legislative declaration. It is declared to be the policy of this state to encourage able and qualified persons to enter the state personnel system with a view toward acquiring the experience and in-service training and demonstrating the increased capabilities and responsibility necessary for progressive advancement. The policy of this state is to hold out to employees, subject to the provisions of the state constitution and to the rules and procedures of the state personnel system, the hope and expectation of being able to earn promotions in accordance with their individual capabilities and performance, and thereby the state seeks to encourage its more able employees to make their careers in government service.

C.R.S. § 24-50-202 Establishment of procedure

24-50-202. Establishment of procedure. (Repealed)

C.R.S. § 24-50-203 Preretirement education and counseling

24-50-203. Preretirement education and counseling. The state personnel director shall provide a continuous preretirement education and counseling program for employees in the state personnel system, which program is to be carried out at strategic geographic locations throughout the state. All employees in the state personnel system may participate on a voluntary basis. Each appointing authority shall be responsible for implementing the preretirement program in his organization, in cooperation with the state personnel director.

C.R.S. § 24-50-204 Retirement

24-50-204. Retirement. (Repealed)

C.R.S. § 24-50-205 State personnel director - notice

24-50-205. State personnel director - notice. (Repealed)

C.R.S. § 24-50-206 Cooperation of public employees' retirement association

24-50-206. Cooperation of public employees' retirement association. The public employees' retirement association shall cooperate with the state personnel director by furnishing any requested information regarding the rights and benefits to which any employee may be entitled.

C.R.S. § 24-50-207 Retirement - accumulated sick leave

24-50-207. Retirement - accumulated sick leave. (Repealed)

C.R.S. § 24-50-208 Voluntary separation incentive program

24-50-208. Voluntary separation incentive program. The state personnel director may adopt procedures establishing a program for voluntary separation incentives available to all state employees in lieu of layoffs based on a determination by the head of a principal department or institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., that the program is necessitated by a shortage of work, shortage of funds, or a reorganization. Any program established pursuant to this section shall not conflict with laws, rules, or procedures governing the state personnel system or the public employees' retirement association. A voluntary separation incentive shall not be considered a perquisite for purposes of section 24-30-202 (22).

C.R.S. § 24-50-301 Status while in military service

24-50-301. Status while in military service. Whenever any officer or employee of this state in the state personnel system under the provisions of section 13 of article XII of the state constitution and laws and rules and regulations pursuant thereto enters active military service, including active service for training purposes, with the armed forces of the United States or other branch of service engaged in the national defense, such officer or employee shall retain all state personnel system rights and privileges and shall retain such status in the state personnel system as held by him at the time of entering the armed forces, with the seniority and promotional rights and benefits provided for in section 24-50-302.

C.R.S. § 24-50-302 Rights

24-50-302. Rights. (1) The rights, privileges, and status retained by such officer or employee shall specifically include the right to reoccupy the place, employment, or position held by him at the time of entering the armed forces upon the expiration of the period of initial service, plus any period of additional service imposed by law, and for one year thereafter; except that, if such officer or employee served in any branch of the armed forces of the United States during any period and if he was separated or served under honorable conditions, the period of such service shall be considered as service in the personnel system of the state of Colorado for the purposes of seniority and for the purposes of promotion from one pay grade to another as well as movement from one step of the pay plan to a higher step in the pay plan and if the place, employment, or class held by such officer or employee at the time of entering the armed forces has been increased in pay grade during the time of such service, such officer or employee shall be entitled to reoccupy such place, employment, or position at such increased pay grade. (2) Said rights, privileges, and status retained by such officer or employee shall also specifically include the right to remain upon and hold his place upon any list of persons certified as eligible for appointment to places, employment, or positions in the state personnel system at the time of entering the armed forces during such period of initial service, plus any period of additional service imposed by law, and for one year thereafter, regardless of the expiration date of any such list of certified persons; except that, if such officer or employee has not acquired a certified state personnel system status but has been employed by this state for a period of one year or less, such officer or employee shall have the right to reoccupy the place, employment, or position held by him at the time of entering the armed forces upon the expiration of the initial period of service, plus any period of additional service imposed by law, and for one year thereafter, with the right to hold said place, employment, or position for the full term of his probationary period from the date of his reoccupying the same or until an examination is held therefor and a person is duly certified thereto.

C.R.S. § 24-50-303 No compensation - rights of National Guard

24-50-303. No compensation - rights of National Guard. (1) The provisions of this part 3 shall not be interpreted as requiring the payment by this state or any of its departments, agencies, or officers of the compensation of any officer or employee during the period of service as provided in this part 3 or the period within which such officer or employee retains his status after such service. (2) Any officer or employee of this state who was a member of the National Guard at the time of entering into the armed forces of the United States shall receive his usual and regular salary or compensation from the state in the year when he first entered the armed forces for a period of time equivalent to the annual encampment period, not exceeding fifteen days.

C.R.S. § 24-50-304 Applicability

24-50-304. Applicability. The provisions of this part 3 shall apply to any officer or employee of the state personnel system who entered the armed forces of the United States or other branch of service engaged in national defense on or after August 5, 1964.

C.R.S. § 24-50-401 Office hours of state offices

24-50-401. Office hours of state offices. (1) All offices in the executive and judicial departments of the state government shall be and remain open for business daily, except on Saturdays, Sundays, and legal holidays, from the hour of 8:30 a.m. until the hour of 5:00 p.m.; except that nothing in this section shall affect the validity of any act performed by either of said departments before or after the hours specified in this section. (2) Notwithstanding the provisions of subsection (1) of this section, when a city or city and county and the suburban area within a ten-mile radius of the boundaries thereof have a population in excess of fifty thousand inhabitants, the offices of any executive department of the state government located therein may vary its business hours from those indicated in subsection (1) of this section whenever the executive director of the principal department, with the approval of the governor, determines that such adjustment of hours will help alleviate peak traffic conditions and provide a more even flow of traffic for the purpose of creating safer highway conditions. (3) Written notice of the variance permitted under subsection (2) of this section shall be given to the local news media of such cities or cities and counties not less than two weeks preceding the effective date of such variance. (4) Employees in the state personnel system who are required to work on general election day during the hours the polls are open pursuant to section 1-7-101, C.R.S., shall be granted two hours' administrative leave in which to vote pursuant to the provisions of section 1-7-102, C.R.S. The state personnel director shall promulgate rules in accordance with article 4 of this title for the implementation of this subsection (4).

C.R.S. § 24-50-402 Appointment by outgoing officers prohibited

24-50-402. Appointment by outgoing officers prohibited. No state, county, or city appointive office, the term of which expires on or after the time fixed by law for the qualification of the officer having the authority to make such appointment, shall be filled by the outgoing appointing officer.

C.R.S. § 24-50-501 Legislative declaration

24-50-501. Legislative declaration. Recognizing that the adoption of section 20 of article X of the state constitution at the 1992 general election has imposed strict new constraints on state government, it is hereby declared to be the policy of this state to encourage the use of private contractors for personal services to achieve increased efficiency in the delivery of government services, without undermining the principles of the state personnel system requiring competence in state government and the avoidance of political patronage. The general assembly recognizes that such contracting may result in variances from legislatively mandated pay scales and other employment practices that apply to the state personnel system. In order to ensure that such privatization of government services does not subvert the policies underlying the civil service system, the purpose of this part 5 is to balance the benefits of privatization of personal services against its impact upon the state personnel system as a whole. The general assembly finds and declares that, in the use of private contractors for personal services, the dangers of arbitrary and capricious political action or patronage and the promotion of competence in the provision of government services are adequately safeguarded by existing laws on public procurement, public contracts, financial administration, employment practices, ethics in government, licensure, certification, open meetings, open records, and the provisions of this part 5. Recognizing that the ultimate beneficiaries of all government services are the citizens of the state of Colorado, it is the intent of the general assembly that privatization of government services not result in diminished quality in order to save money.

C.R.S. § 24-50-502 Definitions

24-50-502. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Contract" means any type of state agreement, regardless of what it may be called, for the acquisition of services. (2) "Personal services" means services acquired for the state's direct benefit in its operations. (3) "Purchased services" means the acquisition of services which directly benefit specific groups or individuals in the public at large as defined by law, from public or private entities licensed, certified, or otherwise authorized by statute to provide such services. (4) "Services" means the furnishing of labor, time, or effort.

C.R.S. § 24-50-503 Personal services contracts implicating state personnel system - no separation of existing classified employees

24-50-503. Personal services contracts implicating state personnel system - no separation of existing classified employees. (1) Contracts for personal services that create an independent contractor relationship and that are not authorized under the provisions of section 24-50-504 are nevertheless permissible under this section to achieve increased efficiency in the delivery of government services when the state personnel director determines that all of the following conditions are met: (a) The contracting agency clearly demonstrates that the proposed contract will result in overall cost savings to the state and that the estimated savings will not be eliminated by contractor rate increases during the term of the contract, subject to the following: (I) In comparing costs, there shall be included the state's cost of providing the same service as proposed by a contractor. The state's costs shall include the salaries and benefits of staff that would be needed and the cost of space, equipment, and material needed to perform the function. (II) In comparing costs, there shall not be included the state's indirect overhead costs unless the costs can be attributed solely to the function in question and would not exist if that function were not performed in state service. For such purpose, "Indirect overhead costs" means the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (III) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but need not be limited to, those for inspection, supervision, and monitoring. (IV) In comparing costs, there shall not be included any savings to the state attributable to lower health insurance benefits provided by the contractor. (b) The contracting agency clearly demonstrates that the proposed contract will provide at least the same quality of services as that offered by the contracting agency. (c) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract. (d) The contract contains nondiscrimination provisions required by law to be included in state contracts. (e) The contract contains provisions for termination by the state for breach of the contract by the contractor. (f) The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by state government. In assessing the public's interest, the state personnel director shall take into account: (I) The consequences and potential mitigation of improper or failed performance by the contractor; (II) Whether performance of the contract involves the improper delegation of a policy-making function; (III) The extent to which the contracting preserves the principles of competence in government and the avoidance of political patronage. For such purpose, there shall be considered the applicability of other laws, including those as enumerated in section 24-50-506, that aid in safeguarding the fundamental principles underlying the state personnel system. (2) The state personnel director shall not approve a personal services contract under this section if the contract would result directly or indirectly in the separation of certified employees from state service. However, nothing contained in this section shall be construed to prevent the separation of certified employees from state service pursuant to any other provision of law, including but not limited to the provisions of section 24-50-124, for reasons other than privatization. (3) Repealed.

C.R.S. § 24-50-504 Personal services contracts not implicating state personnel system

24-50-504. Personal services contracts not implicating state personnel system. (1) Personal services contracts for employees or independent contractors are permissible when the functions contracted are otherwise performed by persons exempt from civil service by section 13 of article XII of the state constitution or by statutes enacted pursuant thereto. (2) Personal services contracts that create an independent contractor relationship are permissible when the state personnel director determines that any of the following conditions are met: (a) The contract is for an existing state program that has never been performed by employees in the state personnel system, or the contract is for an existing state program that involves duties similar to duties currently or previously performed by classified employees but the contracted program is different in scope or policy objectives from the programs carried out by such classified employees. For the purposes of this paragraph (a), an "existing state program" is a state program that was in effect and performed by contract prior to April 7, 1993. (b) The contract is for a new state program, and the general assembly has statutorily authorized the performance of the program by independent contractors. A program is not a new state program within the meaning of this paragraph (b) solely because it is performed at a new facility or location. (c) The services contracted are not available within the state personnel system, cannot be performed satisfactorily by employees of the state personnel system, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the state personnel system. (d) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as "service agreements", include, but are not limited to, agreements to service or maintain equipment, computers, or other products that are entered into in connection with their original lease or purchase. (e) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the state personnel system. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts include, but are not limited to, obtaining expert witnesses in litigation. (f) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (g) The contractor will conduct training courses for which appropriately qualified state personnel system instructors are not available. (h) The services are of an urgent, temporary, or occasional nature. (3) Contracts for purchased services, as determined by the state personnel director, that create an independent contractor relationship are permissible.

C.R.S. § 24-50-504.7 Commission on the privatization of personal services - creation

24-50-504.7. Commission on the privatization of personal services - creation. (Repealed)

C.R.S. § 24-50-505 Liability and immunity

24-50-505. Liability and immunity. (1) The contractor shall assume all liability arising from its own acts or omissions under all contracts entered into pursuant to this part 5. (2) The sovereign immunity and governmental immunity of the contracting agency shall not extend to the contractor, except as otherwise provided by law. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity or governmental immunity in any action arising out of the performance of the contract.

C.R.S. § 24-50-506 Applicability of other laws

24-50-506. Applicability of other laws. (1) In addition to the other provisions of this part 5 that are intended to safeguard the fundamental principles underlying the state personnel system, personal services contracts entered into pursuant to this article are subject to all other applicable laws, which may include but are not necessarily limited to the following: (a) State procurement laws, including the following: (I) The provisions of part 14 of article 30 of this title; and (II) The "Procurement Code", articles 101 to 112 of this title; (b) Laws governing fiscal administration by the state controller, including the provisions of part 2 of article 30 of this title and the fiscal rules promulgated thereunder; (c) Laws governing the management of state moneys by the state treasurer, including the provisions of article 36 of this title; (d) The provisions of article 18 of this title establishing standards of conduct for state officers and employees.

C.R.S. § 24-50-507 Conflict of interest

24-50-507. Conflict of interest. (1) In addition to any other applicable laws, the provisions of this section shall apply to contracts entered into pursuant to this part 5. (2) (a) The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from an entity or a person negotiating, doing business with, or planning, within the individual's knowledge, to negotiate or do business with the contracting agency: (I) A member of, or any other person or entity under contract with, any governmental body that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract; or (II) A member of the immediate family of any individual described in subparagraph (I) of this paragraph (a). (b) No individual described in paragraph (a) of this subsection (2) shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit himself or herself or another. (3) A contractor shall agree that, at the time of contracting, the contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the contractor's services. The contractor shall further covenant that, in the performance of the contract, the contractor shall not employ any person having any such known interests.

C.R.S. § 24-50-508 Intergovernmental agreements - agreements by state institutions of higher education - excluded

24-50-508. Intergovernmental agreements - agreements by state institutions of higher education - excluded. (1) The following contracts are not subject to the provisions of this part 5: (a) In accordance with section 18 (2) of article XIV of the state constitution, contracts between the state and its political subdivisions or the government of the United States, or any combination thereof; and (b) Contracts entered into by a state institution of higher education or the Auraria higher education center established in article 70 of title 23, C.R.S., so long as the chief executive officer of the institution or the center, or his or her designee, has determined that the conditions set forth in section 24-50-503 are met for those contracts that implicate the state personnel system.

C.R.S. § 24-50-509 Review of individual contracts by state personnel director - when not required

24-50-509. Review of individual contracts by state personnel director - when not required. The state personnel director may approve the use of contracts without the necessity of reviewing the individual contracts, if the contracts are of the same type and if the state personnel director determines that such contracts meet the requirements of this part 5.

C.R.S. § 24-50-510 Annual report of contracts

24-50-510. Annual report of contracts. (Repealed)

C.R.S. § 24-50-511 State personnel director procedures

24-50-511. State personnel director procedures. The state personnel director shall promulgate procedures to implement the policies of this part 5. Such procedures shall include, but not be limited to, provisions for consideration of contractors that utilize a preference for hiring veterans of military service and an annual certification process for ongoing personal services contracts. In promulgating procedures governing the analysis of cost savings pursuant to section 24-50-503 (1), the state personnel director shall consider the recommendations of the office of state planning and budgeting.

C.R.S. § 24-50-512 State personnel board rules

24-50-512. State personnel board rules. The state personnel board may promulgate rules consistent with the policies of this part 5.

C.R.S. § 24-50-513 Contracts of six months or less - permitted

24-50-513. Contracts of six months or less - permitted. Contracts for a term of six months or less that are not expected to recur on a regular basis are permissible and are not subject to this part 5.

C.R.S. § 24-50-514 Repeal of part

24-50-514. Repeal of part. (Repealed)

C.R.S. § 24-50-601 Short title

24-50-601. Short title. This part 6 shall be known and may be cited as the "State Employees Group Benefits Act".

C.R.S. § 24-50-602 Legislative declaration

24-50-602. Legislative declaration. (1) It is declared that the purpose of this part 6 is as follows: (a) To enable the state to attract and retain qualified employees by providing group benefits similar to those commonly provided in private industry; (b) To recognize and protect the state's investment in each nontemporary employee by promoting and preserving good health among state employees; (c) To recognize the service to the state by elected and appointed officials by extending to them the same group benefits as are provided in this part 6 for state employees; and (d) To provide each employee with benefit choices and education to customize a benefit package that is responsive to each employee's diverse needs.

C.R.S. § 24-50-603 Definitions

24-50-603. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Cafeteria benefits" means "flexible benefits" as defined in subsection (8) of this section. (2) "Carrier" means an insurer, health maintenance organization ("HMO"), third-party administrator, or other entity with whom the state contracts to provide or administer, or both provide and administer, the group benefit plans. (3) "COBRA" means the continuation of certain benefits as provided by the federal "Consolidated Omnibus Budget Reconciliation Act of 1985", as amended. (4) Repealed. (5) "Dependent" means: (a) An employee's legal spouse; each child, including adopted children, stepchildren, and foster children, through the end of the month in which the child turns twenty-six years of age; or an unmarried child of any age who has either a physical or mental disability, as defined by the carrier, not covered under other government programs, and for whom the employee is the major source of financial support or for whom the employee is directed by court order to provide coverage; (b) Any person authorized by the director to be a dependent in response to statutory changes made to mandated coverage for group benefits insurance pursuant to title 10, C.R.S.; (c) Repealed. (c.5) An employee's partner in a civil union who has submitted documentation demonstrating the creation of a civil union with the employee; (d) Any additional dependents specified by the director by rule adopted in accordance with article 4 of this title. (6) "Director" means the state personnel director. (6.5) Repealed. (7) "Employee" means any officer or employee under the state personnel system of the state of Colorado whose salary is paid by state funds or any employee of the department of education, the Colorado commission on higher education, or the Colorado school for the deaf and the blind whose salary is paid by state funds, or any member of the military employed pursuant to section 28-3-904, C.R.S. "Employee" includes any officer or employee of the legislative or judicial branch, any elected or appointed state official or employee who receives compensation other than expense reimbursement from state funds, any elected state official who does not receive compensation other than expense reimbursement from state funds, and includes any member of the board of assessment appeals. "Employee" does not include persons employed on a temporary basis; except that it shall include a member of the military employed pursuant to section 28-3-904, C.R.S., for more than thirty consecutive days. (8) "Flexible benefits" means an array of group benefit plans from which an employee can select using the state's contribution, the employee's own funds, or a combination of both, to pay for such benefits. (9) "Group benefit plans" means any group benefits contracted for or administered by the director, including but not limited to, medical, dental, life, and disability benefits. "Group benefit plans" may also include voluntary benefits and flexible benefits as determined by the director. "Group benefit plans" do not include any group benefits that involve a contribution or donation as defined in article 45 of title 1 to any candidate committee, political committee, political party, small donor committee, small-scale issue committee, or any other political entity. For purposes of section 24-50-104 (1)(a)(I), "group benefit plans" includes any group benefits offered by a state institution of higher education to employees of such institution who are in the state personnel system. (10) "Medicaid" means federal insurance or assistance as such is provided by the provisions of Title XIX of the federal "Social Security Act" and the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S. group benefit plans" includes any group benefits offered by a state institution of higher education to employees of such institution who are in the state personnel system. (10) "Medicaid" means federal insurance or assistance as such is provided by the provisions of Title XIX of the federal "Social Security Act" and the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S. (11) "Medical benefits" includes, but is not limited to, hospital room and board; other hospital services; certain out-patient benefits; maternity benefits; surgical benefits, including obstetrical care; in-hospital medical care; diagnostic X rays; laboratory benefits; physician services; prescription drugs; behavioral, mental health, and substance use disorder services; comparable medical benefits for employees who rely solely on spiritual means for healing; and such other similar benefits as the director deems reasonable and appropriate for eligible employees and dependents. (12) "Medicare" means federal insurance or assistance as such is provided by the "Health Insurance for the Aged Act", 42 U.S.C. sec. 1395, or as such act may be amended. (13) "Short-term disability plan" means a group policy or contract provided by a carrier for the purpose of providing short-term disability income replacement to be provided to any eligible employee who has completed any required waiting period. (14) "Voluntary benefits" means a variety of benefit plans contracted for or administered by the director that an employee can select by contributing a predetermined portion of the employee's salary to pay for such products and services for which, if available, the employee's contribution may be matched by a state contribution. No state contribution match is effective until or unless the director has completed a fiscal analysis of the cost and the outcome of any such voluntary benefit, which includes a determination by the department of the number of potential state employees retained as a result of offering the benefit.

C.R.S. § 24-50-604 Powers and duties of the director

24-50-604. Powers and duties of the director. (1) The director shall administer and manage the state employees group benefit plans and, subject to the provisions of this part 6, has the following powers and duties: (a) The preparation of specifications for the group benefit plans contracted for by the director; (b) The authority and responsibility to enter into contracts with carriers for group benefit plans and to negotiate and enter into amendments to existing contracts as appropriate. Payments by the state, pursuant to such contracts, are subject to the amounts authorized in sections 24-50-104 (4) and 24-50-609. (c) The determination of the methods of claims administration; (d) The determination of the eligibility of employees and their dependents to participate in group benefit plans; (e) The determination of the amount of employee payroll deductions and the responsibility for collecting such deductions; (f) The establishment of a grievance procedure by which the director shall act as an appeals authority for complaints by employees and COBRA participants regarding the allowance and payment of claims, eligibility, and other matters; (g) The establishment, administration, and operation of the group benefit plans reserve fund established pursuant to section 24-50-613; (h) The continuing study of the operation of group benefit plans, including but not limited to, such matters as gross and net costs, administrative costs, benefits, plan design, utilization, and claims administration; (i) The authority to negotiate and enter into amendments to existing contracts providing group benefit plans in order to provide appropriate coverage for employees and their dependents who may become eligible for coverage after the effective date of said contracts and to provide for the enrollment thereof; (j) The authority to contract with persons, firms, or associations for benefits consulting, including but not limited to, actuarial services, the preparations of specifications for group benefit plans, and other specialized services that cannot be performed by the director or by state employees. Expenditures for these contracts shall be under section 24-50-613 (2). (k) (I) The authority to establish and operate an employee assistance program intended to address personal problems and workplace issues faced by state employees and employers before the problems and issues severely impact the productivity, safety, work relationships, absenteeism, and accident rates of state employees in the workplace. The program may provide services to state employees and their employers, which may include, without limitation: (A) Conflict resolution; (B) Crisis intervention; (C) Anger management classes; (D) Employer and employee mediation; (E) Consultations with supervisors and managers regarding problem employees; (F) Violence in the workplace training; (G) Sexual harassment training; and (H) Any other facilitated groups and workshops addressing workplace issues. (II) Any state agency or institution that does not make contributions for participation in any employee assistance program established and operated pursuant to this paragraph (k) shall not be allowed to participate in the program. However, nothing in this subparagraph (II) shall be construed to limit the ability of: (A) Any state employee to participate in the program regardless of whether the state agency or institution that employs the state employee makes contributions to participate in the program; and (B) Any state agency or institution to participate in the program in the event of a crisis or emergency situation in the workplace regardless of whether the state agency or institution makes contributions to participate in the program. icipate in the program regardless of whether the state agency or institution that employs the state employee makes contributions to participate in the program; and (B) Any state agency or institution to participate in the program in the event of a crisis or emergency situation in the workplace regardless of whether the state agency or institution makes contributions to participate in the program. (III) Dependents of a state employee are not eligible to be the sole and direct recipient of services in any employee assistance program established and operated pursuant to this paragraph (k); except that an employee assistance program may allow a dependent or any other person who is not a state employee to participate in an employee assistance program if such participation is necessary to provide effective counseling and assistance to a state employee. (IV) Any employee assistance program established and operated pursuant to this paragraph (k) shall be set forth in procedures adopted in accordance with the provisions of article 4 of this title, and such procedures shall specify, without limitation, the services to be offered by the program, the eligibility guidelines for participation in the program, and the sources of funding for the program, which, for the 2003-04 fiscal year and any fiscal year thereafter, may include, but need not be limited to, the group benefit plans reserve fund created in section 24-50-613, the risk management fund created in section 24-30-1510, and interest derived from the investment of said funds. (V) For the 2002-03 fiscal year, any employee assistance program established and operated pursuant to this paragraph (k) shall be funded through a combination of the following resources as determined by the director: (A) Voluntary assessments against each state agency or institution based on the agency or institution's full-time equivalency count as of August 1, 2002, with the amount of the assessment to be determined by the director and such amount to be identical for each agency and institution; (B) Until November 30, 2003, mandatory assessments against an employee's share of the medical benefits premium for employees enrolled in group benefit plans that include enrollment in medical benefits, with the amount of the assessment to be determined by the director and such amount to be identical for each employee; and (C) If necessary, moneys from the group benefit plans reserve fund created in section 24-50-613. (l) The authority and responsibility to enter into contracts or renewals for group benefit plans that are self-funded, if feasible as determined by the state personnel director; (m) The authority to establish the annual group benefit plan year for the plan year commencing in the next fiscal year. (2) The director, pursuant to the provisions of article 4 of this title, shall adopt such procedures consistent with the provisions of this part 6 as the director deems necessary to carry out his or her statutory duties and responsibilities. (3) The director shall have the authority to adopt procedures to determine benefit eligibility requirements and the percentage of the state contribution to health benefits for all employees, as defined in section 24-50-603 (7), who work less than full time, are governed by the rules established pursuant to subsection (2) of this section, and are hired on or after January 1, 2005. The director shall include any proposed changes to the group benefits policy in the recommendations submitted to the governor and the joint budget committee of the general assembly pursuant to section 24-50-104 (4)(c).

C.R.S. § 24-50-605 Group benefit plans - specifications - contracts

24-50-605. Group benefit plans - specifications - contracts. (1) (a) The specifications drawn by the director for any group benefit plans include those benefits as determined by the director or as otherwise specifically provided in this part 6. Such specifications shall include provisions for noncancellation for reasons of health of any individual employee by the carrier and transferability to other group benefit coverages or individual policies with the same carrier by the employee. (b) At any time the director seeks to contract with any carriers under this section, the director shall first give notice of such intent in a manner determined by the director. (c) Specifications and related data shall be prepared by the director for submission to carriers which indicate their interest in preparing proposals for any group benefit plans. (d) Contracts awarded under this section by the director shall be to the lowest, most responsive offerors, according to criteria predetermined by the director, subject to the provisions of subsection (2) of this section and articles 101 to 111 of this title. The director may accept a responsive proposal for combined group benefit plans. (e) The director shall review the group benefit plans at least once each year and shall solicit and receive proposals on the group benefit plans at least once every five years. (f) The specifications drawn by the director for any group benefit plans shall include the mandated coverages required by section 10-16-104, C.R.S. (2) (a) In order to permit each eligible employee individual selection of a flexible benefits or cafeteria benefits package, the director may establish a variety of group benefit plans. (b) The director shall enter into contracts with the carriers selected to provide group benefit plans. Such contracts shall include all policy provisions, the premium rates to be charged during the term of the contract, specifications on the method of claims administration, a grievance procedure provision, and such other matters as the director deems necessary. In the director's discretion and based on the plan's experience, the premium rates applying during the first contract term may be adjusted during subsequent contract terms. Changes may also be negotiated in the method of claims administration, the amount to be retained by the carrier, and other matters. (c) Each contract entered into with a carrier shall be available to be inspected or copied by any employee at the offices of the director, except for proprietary information of carriers as determined by the director. (d) Every carrier shall prepare and provide the director with reports and financial data as stated in the contract. (e) Financial data will be available to be inspected or copied by any employee at the offices of the director, except for proprietary and confidential information of carriers and information regarding specific employees. The director shall not enter into contracts with carriers that do not comply with paragraphs (c) to (e) of this subsection (2). (3) The director shall include the following statement in medical benefit materials, in bold-faced type: Warning: If you are insured under a separate group medical insurance policy, you may be subject to coordination of benefits as explained in this booklet. (4) and (5) Repealed.

C.R.S. § 24-50-606 Choice of medical plans requirement - requirement for inclusion of essential providers

24-50-606. Choice of medical plans requirement - requirement for inclusion of essential providers. (Repealed)

C.R.S. § 24-50-607 Employees - eligibility - election of coverage

24-50-607. Employees - eligibility - election of coverage. (1) Any state employee eligible as determined by the director for membership in a group benefit plan contracted for pursuant to section 24-50-604 (1)(b) upon the effective date of such plan shall be enrolled in the plan upon making application according to the director's procedures. (2) The manner and form of election and acceptance by state employees of group benefit plans contracted for pursuant to section 24-50-604 (1)(b) shall be in compliance with procedures established for that purpose by the director.

C.R.S. § 24-50-608 Dependents - eligibility - election of coverage

24-50-608. Dependents - eligibility - election of coverage. (1) Any eligible employee may elect to have the employee's dependents covered by the group benefit plans. Such election shall be made at the time the employee becomes enrolled in the plan under such procedures as the director shall establish. If dependent coverage is not elected at the time that an employee becomes enrolled in an appropriate plan, any subsequent election of dependent coverage shall be made under such conditions as the director may impose. (2) Any employee who elects coverage, as provided in subsection (1) of this section, and who has a change in the number of dependents may, at the time of such change, increase or decrease the number of dependents covered by the group benefit plans under procedures established by and subject to the approval of the director. (3) Any employee who has no eligible dependents at the time the employee becomes enrolled in the group benefit plans and who later has an eligible dependent may, at the time the dependency status changes, elect appropriate coverage for such dependent under procedures established by and subject to the approval of the director. (4) If a dependent is no longer eligible for coverage because the dependent turned twenty-six years old, the director shall remove the dependent from the group benefit plan by the end of the month in which the dependent turned twenty-six years old. If the director fails to remove the ineligible dependent, the employee and the employee's department shall not be directly financially liable for the premiums paid for the dependent coverage if no claims have been paid for the ineligible dependent. If the director fails to remove the ineligible dependent and a claim has been paid for the ineligible dependent, the employee and the employee's department shall not be directly financially liable for the paid claim. The costs for premiums and claims paid may be paid from the group benefit plans reserve fund established in section 24-50-613.

C.R.S. § 24-50-609 State contributions - supplemental state contribution fund - creation

24-50-609. State contributions - supplemental state contribution fund - creation. (1) (Deleted by amendment, L. 2003, p. 1934, § 10, effective May 22, 2003.) (2) (a) (Deleted by amendment, L. 2003, p. 1934, § 10, effective May 22, 2003.) (b) (I) The total premium for each particular group benefit plan offered to state employees pursuant to this part 6 and for each tier of said plan shall be the same for all eligible employees. The amount of the state contribution for each tier shall be determined by the director in accordance with section 24-50-104 (4) and shall be the same for all eligible employees within the state personnel system; except that, beginning with the 2008-09 state fiscal year, the state contribution shall be supplemented for eligible state employees, as defined in section 24-50-609.5 (2)(a), in accordance with section 24-50-609.5. For purposes of this section, "tier" means the particular coverage options offered to eligible employees, including single employee, employee with one covered dependent, and employee with two or more covered dependents. (II) Repealed. (3) (Deleted by amendment, L. 2003, p. 1934, § 10, effective May 22, 2003.) (4) For purposes of this section, "employee" does not include elected state officials who do not receive compensation other than expense reimbursements from state funds. (5) The supplemental state contribution fund is hereby created in the state treasury. The principal of the fund consists of tobacco litigation settlement moneys transferred by the state treasurer to the fund pursuant to section 24-75-1104.5 (1.7)(j). The principal of the fund is continuously appropriated to the department of personnel and shall be expended in its entirety in each fiscal year by the department to pay the costs of increased nonsupplemental state contributions, as defined in section 24-50-609.5 (3)(c)(II), and supplement the state contribution, as defined in section 24-50-609.5 (2)(d), for each eligible state employee, as defined in section 24-50-609.5 (2)(a), enrolled in a qualifying group benefit plan, as defined in section 24-50-609.5 (2)(c), as required by section 24-50-609.5; except that the department shall expend no more than the amount needed to pay the costs of increased nonsupplemental state contributions and reduce the employee contribution, as defined in section 24-50-609.5 (2)(b), of each eligible state employee for all qualifying group benefit plans to zero. The principal of the fund remains in the fund until expended and shall not be transferred to the general fund or any other fund. Interest and income earned on the deposit and investment of moneys in the fund shall be credited to the fund, shall not be transferred to the general fund or to any other fund, and shall be used by the department, subject to annual appropriation, solely to pay the costs of the department related to the supplementation of the state contribution for each eligible state employee required by section 24-50-609.5.

C.R.S. § 24-50-609.5 Supplemental state contribution for eligible state employees - legislative declaration - definitions

24-50-609.5. Supplemental state contribution for eligible state employees - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that: (I) It is the intent of the general assembly that all children in the state, including lower-income children, have access to affordable and adequate health insurance. (II) The children of state employees are ineligible for existing federal and state programs, including medicaid and the children's basic health plan, that provide health insurance to lower-income children whose families are not otherwise able to afford health insurance. (III) Although the state pays a portion of the health insurance premiums for those state employees who enroll in a health insurance plan offered by the state, many lower-income state employees nonetheless cannot afford to pay the required employee contribution to the plan premiums for any plan or the higher employee contribution to a plan with a low deductible and therefore decline to enroll in a health insurance plan or enroll in a high deductible plan, leaving their children without adequate health insurance coverage. (IV) In order to ensure that children of lower-income state employees have access to affordable and adequate health insurance, it is necessary, appropriate, and in the best interests of the state to encourage lower-income state employees who have dependents other than their spouses to enroll in health insurance plans offered by the state by supplementing the state contribution to their plan premiums in order to reduce the amount of their required employee contributions to plan premiums or to encourage them to enroll in low deductible plans. (V) (A) By using disease management programs to reduce the costs of health care for state employees who are enrolled in state group benefit plans that provide medical benefits, the state can provide the group benefit plans to more state employees for less money and achieve better outcomes. (B) National data indicates that the establishment of disease management programs can reduce by fifty percent asthma-related hospital admissions and thereby help the state provide lower cost group benefit plans for all state employees. (C) The establishment of a pilot disease management program that includes, but is not limited to, a pilot childhood asthma program will maximize the use of moneys allocated for the purpose of supplementing existing health insurance plans for lower-income state employees. (b) The general assembly further finds and declares that the intent of the general assembly in providing supplements as specified in this section, and the expectation of the general assembly with respect to the executive administration of the provision of supplements, is: (I) To provide access to affordable and adequate health insurance to as many children of lower-income state employees as possible; and (II) Because the high deductibles typical of health insurance plans that offer lower premiums can impair or destroy the economic self-sufficiency of lower-income families when health problems arise, to encourage lower-income state employees with dependents other than their spouses to enroll in higher premium plans with low deductibles. (2) As used in this section, unless the context otherwise requires: (a) "Eligible state employee" means an employee, as defined in section 24-50-603 (7), who: (I) Is eligible, by virtue of his or her state employment, to enroll in a group benefit plan that provides medical or dental benefits; (II) Has an annual household income of less than three hundred percent of the federal poverty line; and (III) Has at least one dependent other than the employee's legal spouse. (b) "Employee contribution" means the amount contributed by an eligible state employee to pay part of the premium for a qualifying group benefit plan in which the eligible state employee is enrolled. or dental benefits; (II) Has an annual household income of less than three hundred percent of the federal poverty line; and (III) Has at least one dependent other than the employee's legal spouse. (b) "Employee contribution" means the amount contributed by an eligible state employee to pay part of the premium for a qualifying group benefit plan in which the eligible state employee is enrolled. (c) "Qualifying group benefit plan" means a group benefit plan that provides medical or dental benefits. (d) "State contribution" means the amount contributed by the state to pay part of the premium for a qualifying group benefit plan in which a state employee is enrolled. (3) (a) For the 2008-09 state fiscal year and for each state fiscal year thereafter, the state, after first allocating the interest and income and next allocating the principal of the supplemental state contribution fund created in section 24-50-609 (5) to pay the costs of increased nonsupplemental state contributions, shall expend the available principal of the state supplemental contribution fund to pay a monthly supplement to the state contribution for each eligible state employee who timely applies for the supplement pursuant to subsection (4) of this section and enrolls in a qualifying group benefit plan in order to reduce the eligible state employee's employee contribution by the amount of the supplement. The amount of the supplement shall be the amount that reduces the aggregate amount of the eligible state employee's employee contribution for all qualifying group benefit plans to zero; except that, if the available principal of the supplemental state contribution fund is insufficient to provide full supplements for all eligible state employees as specified in paragraph (b) of this subsection (3): (I) The available principal shall first be used to provide each eligible state employee who has an annual household income of less than two hundred percent of the federal poverty line a supplement in an amount equal to the lesser of the equivalent percentage of the applicable employee contribution for each such eligible state employee that uses all of the available principal or the amount needed to reduce the employee contribution of each such eligible state employee for all qualifying group benefit plans to zero. (II) Remaining available principal next shall be used to provide each eligible state employee who has an annual household income of two hundred percent or more of the federal poverty line but less than two hundred fifty percent of the federal poverty line a supplement in an amount equal to the lesser of the equivalent percentage of the applicable employee contribution for each such eligible state employee that uses all of the available principal or the amount needed to reduce the employee contribution of each such eligible state employee for all qualifying group benefit plans to zero. (III) Remaining available principal last shall be used to provide each eligible state employee who has an annual household income of at least two hundred fifty percent of the federal poverty line a supplement in an amount equal to the lesser of the equivalent percentage of the applicable employee contribution for each such eligible state employee that uses all of the available principal of the fund or the amount needed to reduce the employee contribution of each such eligible state employee for all qualifying group benefit plans to zero. wo hundred fifty percent of the federal poverty line a supplement in an amount equal to the lesser of the equivalent percentage of the applicable employee contribution for each such eligible state employee that uses all of the available principal of the fund or the amount needed to reduce the employee contribution of each such eligible state employee for all qualifying group benefit plans to zero. (b) All supplements shall be paid from the available principal of the supplemental state contribution fund created in section 24-50-609 (5). The total amount of all supplements paid for any given fiscal year shall be the lesser of the amount of all available principal of the supplemental state contribution fund or the amount of the available principal needed to reduce the employee contribution of each eligible state employee for all qualifying group benefit plans to zero. If an eligible state employee who receives a supplement is enrolled in separate qualifying group benefit plans for medical and dental benefits, the state shall supplement the state contribution to the plan that provides medical benefits until the employee contribution for that plan is reduced to zero before supplementing the state contribution to the plan that provides dental benefits. (c) For purposes of this subsection (3): (I) "Available principal of the supplemental state contribution fund" or "available principal" means, for any given fiscal year, the sum of the amount of tobacco litigation settlement moneys transferred by the state treasurer to the fund on July 1 of the fiscal year and any other principal of the fund minus the amount of principal allocated during the fiscal year to pay the costs of increased nonsupplemental state contributions pursuant to paragraph (a) of this subsection (3). (II) "Increased nonsupplemental state contributions" means, for any given fiscal year, the aggregate amount of increases in state contributions, excluding supplements, resulting from: (A) Enrollment in qualifying group benefit plans of eligible state employees who applied for supplements for the fiscal year and were not enrolled in qualifying group benefit plans during the prior fiscal year; and (B) Addition of dependents who were not covered by a qualifying group benefit plan during the prior fiscal year to the qualifying group benefit plans of eligible state employees who applied for supplements during the fiscal year. (4) A state employee shall apply to the department of personnel for a supplement. The application shall be on a form prescribed by the director, and the employee shall provide any supporting information that the director may reasonably require to allow the department to verify that the state employee is an eligible state employee. A state employee shall file an application for a supplement annually during the open enrollment period or open enrollment grace period for enrolling in group benefit plans for the next state fiscal year, and, if the applicant is an eligible state employee and enrolls in a qualifying group benefit plan, the applicant shall receive a supplement for the next state fiscal year. A newly hired state employee shall not be eligible for a supplement in the state fiscal year in which he or she is hired, but may apply for a supplement during the open enrollment period or open enrollment grace period for enrolling in group benefit plans for the next state fiscal year. (5) Notwithstanding the provisions of section 24-1-136 (11)(a), no later than January 15, 2009, and no later than each succeeding January 15, the department of personnel shall report to the health and human services committees of the house and senate and the joint budget committee of the general assembly or any successor committees regarding the supplemental state contribution program established in this section. The report shall include, at a minimum, information regarding: anuary 15, 2009, and no later than each succeeding January 15, the department of personnel shall report to the health and human services committees of the house and senate and the joint budget committee of the general assembly or any successor committees regarding the supplemental state contribution program established in this section. The report shall include, at a minimum, information regarding: (a) The number of eligible state employees receiving supplements in the current state fiscal year and any prior state fiscal years in which supplements were provided; (b) The total amount of supplements that have been or will be paid in the current state fiscal year and that were paid in any prior state fiscal years in which supplements were provided; (c) The average monthly and yearly amounts of the individual supplements provided for the current state fiscal year and for any prior state fiscal years in which supplements were provided; (d) The number of dependent children of eligible state employees receiving supplements covered by a qualifying group benefit plan during the current state fiscal year and for any prior state fiscal years in which supplements were provided; and (e) The amount of increased nonsupplemental state contributions, as defined in subparagraph (II) of paragraph (c) of subsection (3) of this section, for the current state fiscal year and for any prior state fiscal years in which supplements were provided.

C.R.S. § 24-50-610 Payroll deductions - employees

24-50-610. Payroll deductions - employees. The amount of monthly contributions, if any, to be made by employees enrolled in group benefit plans shall be deducted from the salaries of such employees and remitted to the department of personnel. The procedure for such deductions and remittances, including a procedure for determination of the appropriate amount and collection and remittance of monthly contributions from elected state officials who do not receive compensation other than expense reimbursement from state funds, shall be established by the department of personnel; except that the department of personnel shall not establish any method of collection and remittances of monthly contributions from elected state officials who do not receive compensation other than expense reimbursement from state funds from any entity other than from such individual state officials.

C.R.S. § 24-50-611 Employer payments

24-50-611. Employer payments. The head of each state agency, department, or institution having employees enrolled in group benefit plans shall make a monthly payment to the department of personnel for each employee so enrolled of an amount as provided for in section 24-50-609. The estimated amount required for such payments shall be included in the annual budgets of such agencies, departments, and institutions.

C.R.S. § 24-50-612 Administrative duties

24-50-612. Administrative duties. (1) It is the duty of the department of personnel to provide such assistance and to perform such duties as are necessary to carry out the state's administrative, accounting, and clerical responsibilities in connection with the operation of group benefit plans. (2) and (3) Repealed.

C.R.S. § 24-50-613 Group benefit plans reserve fund

24-50-613. Group benefit plans reserve fund. (1) There is hereby established the group benefit plans reserve fund. The state treasurer shall be ex officio treasurer of this fund, and the state treasurer's general bond to the state shall cover all liabilities for acts as treasurer of the fund. The director shall remit to the treasurer for deposit in the group benefit plans reserve fund all payments received by the director for group benefit plans premium costs from employees and the state as employer. The director shall also remit to the treasurer for deposit in the group benefit plans reserve fund any payments received by the director from the carriers of group benefit plans. Such payments shall not be included in the general revenues of the state of Colorado and shall not be general assets of the state. At the end of the fiscal year, any unexpended funds shall not revert to the general fund but shall be held by the state treasurer in custodial capacity, to be used subject to direction from the director. (2) (a) Expenditures shall be made from the group benefit plans reserve fund, upon certification by the director, for the payment of premiums, claims costs, and other administrative fees and costs associated with the group benefit plans. (b) In the event that the director enters into contracts or renewals for group benefit plans that are self-funded, the moneys in the group benefit plans reserve fund shall be expended only for premiums, claims costs, other administrative fees and costs associated with the group benefit plans, and for the purposes of subsection (3) of this section. The moneys in the group benefit plans reserve fund shall not be appropriated by the general assembly or expended by the director for any other purpose. (3) A premium stabilization reserve account shall be established within the group benefit plans reserve fund the purpose of which is to offset unexpected year-end deficits and extraordinary fluctuations in annual premiums. The moneys in the account shall not be included in the general revenues of the state and shall not be general assets of the state. The moneys in the account shall be expended for purposes of such fund and shall not be appropriated by the general assembly or expended by the director for any other purpose. (4) The state's cost of administering group benefit plans, other than the costs provided for in subsection (2) of this section, is subject to annual appropriation by the general assembly based on the submission by the director of a budget request containing detailed information on current and projected administrative costs, which include, but are not limited to, personal services, operating expenses, travel expenses, utilization review, and implementation of a flexible benefits plan. (5) The director, from time to time, shall certify in writing to the state treasurer for investment such portions of the group benefit plans reserve fund as in the director's judgment may not be needed for the payment of premiums and claims costs to the carriers. Such investments shall be made as determined by the state treasurer and shall be limited to those securities authorized for investment by the board of trustees of the public employees' retirement association pursuant to section 24-51-206. Interest on the investment of the group benefit plans reserve fund shall be credited to the fund.

C.R.S. § 24-50-614 State payments - authority of controller

24-50-614. State payments - authority of controller. The state contributions to group benefit plans shall be paid monthly to the director by the state controller, who shall make a charge against the accounts of the state departments, agencies, and institutions for this purpose. Such charges shall be the amounts necessary to cover the state contributions, as defined in section 24-50-609, for employees and shall be made against both general revenue fund accounts and specific cash fund accounts as required.

C.R.S. § 24-50-615 Continuation of previously existing benefits for persons absorbed by the state personnel system

24-50-615. Continuation of previously existing benefits for persons absorbed by the state personnel system. Any other provision of law to the contrary notwithstanding, the director shall continue, as a benefits option, the existing group life and health benefits of any person employed by a state agency if such person has been or will be brought or assimilated into the state personnel system on or after January 1, 1972, until such time as similar benefits offered by the director to state employees pursuant to this part 6 are equivalent in benefit and economic cost to the benefits held by said person.

C.R.S. § 24-50-616 Group benefit plans pilot program - designated area - report - repeal

24-50-616. Group benefit plans pilot program - designated area - report - repeal. (Repealed)

C.R.S. § 24-50-617 Group benefit plans statewide pilot program - director's duties - audit - repeal

24-50-617. Group benefit plans statewide pilot program - director's duties - audit - repeal. (Repealed)

C.R.S. § 24-50-618 Group benefit plans - institutions of higher education

24-50-618. Group benefit plans - institutions of higher education. (1) A state institution of higher education, which, for the purposes of this section, shall include the Auraria higher education center established in article 70 of title 23, C.R.S., or a group of state institutions may establish and offer one or more group benefit plans, in addition to or in lieu of a plan contracted for by the director pursuant to this part 6, to employees of the institution or institutions who are in the state personnel system. (2) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, a state institution of higher education or group of institutions shall consult with the governor's office and provide to the director at least twelve months' written advance notice before the institution or group of institutions may: (I) Cease offering to institutional employees in the personnel system one or more group benefit plans that the director contracted for and that the institution or group of institutions offered in the preceding plan year; or (II) Offer to institutional employees in the personnel system one or more group benefit plans that were contracted for by the director and that the institution or group of institutions did not offer in the preceding plan year. (b) If the director concludes on the basis of actuarial data that ceasing to offer one or more group benefit plans as described in subparagraph (I) of paragraph (a) of this subsection (2) is likely, in the first year in which it is not offered, to result in an increase in costs for that plan or any other plan contracted for by the director, the institution or group of institutions may not cease to offer the plan or plans unless specifically authorized to do so by the governor. The director shall provide the conclusion, in writing and with copies of the actuarial data upon which it is based, to the governor's office and the affected institution or group of institutions no later than one hundred eighty days after the date on which the institution or group of institutions provides the notice required in paragraph (a) of this subsection (2). (3) It is the intent of the general assembly that the director will provide for employees of the state institutions of higher education and for all other state employees the most cost-competitive group benefit plans available.

C.R.S. § 24-50-619 Continuation of dental or medical benefits - dependents of state employee - work-related death - definitions

24-50-619. Continuation of dental or medical benefits - dependents of state employee - work-related death - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Employee" means a current employee as defined in section 24-50-603 (7) who has dental or medical benefit coverage pursuant to this part 6. (b) "State agency" means the department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government that employs an employee at the time of his or her work-related death. (c) "Work-related death" means a death that is the proximate result of an injury arising out of and in the course and scope of employment at a state agency. (2) The dependents of an employee who dies in a work-related death are automatically qualified for the continuation of dental or medical benefits pursuant to this part 6 for twelve months from the end of the month in which the work-related death occurred, so long as the dependents had dental or medical benefits pursuant to this part 6 at the time of the employee's work-related death. The dental or medical benefits allowed to dependents pursuant to this section shall be the same coverage that the dependents were enrolled in at the time of the employee's work-related death. (3) The applicable state agency shall pay the cost of providing dental or medical benefits on behalf of the employee's dependents for the twelve-month period pursuant to subsection (2) of this section. The state agency shall make arrangements with the director or the director's designee to pay such costs. (4) The director or the director's designee may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of this section.

C.R.S. § 24-50-620 Targets for investment in primary care

24-50-620. Targets for investment in primary care. A carrier shall adopt appropriate targets for investments in primary care to support value-based health-care delivery in alignment with the affordability standards developed in accordance with section 10-16-107 (3.5). The carrier shall consider the recommendations of the primary care payment reform collaborative created in section 10-16-150. Targets established under this section do not apply in the case of a nonprofit, nongovernmental health maintenance organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group.

C.R.S. § 24-50-801 Legislative declaration

24-50-801. Legislative declaration. The general assembly hereby finds and declares that it is the policy of this state to concentrate on improving the efficiency and effectiveness of state government in order to provide better service to the citizens of the state of Colorado, to increase state government productivity, and to decrease state government costs. The general assembly recognizes that one method of achieving a more efficient and effective state government is to encourage the involvement of state employees in the development of innovative ideas that will increase the productivity and service level of state government while decreasing the costs of state government. The general assembly realizes that employee incentive programs that reward state employees for innovations by allowing the employees to share the cost savings resulting from such innovations will help encourage employee involvement in making state government more efficient and effective. The general assembly further recognizes that rewarding state employees may also increase employee morale and enthusiasm, decrease employee turnover, and improve customer service.

C.R.S. § 24-50-802 Definitions

24-50-802. Definitions. As used in this part 8, unless the context otherwise requires: (1) (a) "Employee" means any employee within the state personnel system except as provided in paragraph (b) of this subsection (1). (b) "Employee" does not mean: (I) An employee of the office of state planning and budgeting, the office of the state auditor, the joint budget committee, or the department of personnel; (II) An elected official or member of the general assembly; or (III) The executive directors and budget officers of principal departments and their deputies or the presidents of any college or university and their deputies. (2) "State agency" means any department, board, bureau, commission, division, institution, or other agency of the state, including institutions of higher education.

C.R.S. § 24-50-803 Employee incentive program - report by state personnel director

24-50-803. Employee incentive program - report by state personnel director. (Repealed)

C.R.S. § 24-50-804 Development of recommendations for an employee incentive program

24-50-804. Development of recommendations for an employee incentive program. (1) In developing recommendations for the implementation of an employee incentive program, the state personnel director shall consult with representatives from the state personnel board, the office of state planning and budgeting, the office of the state controller, the office of the state auditor, and the four largest employee organizations representing employees in the state personnel system. The director shall also solicit input from employees and managers in the state personnel system and other affected parties. (2) The state personnel director shall include the following elements in the recommendations for an employee incentive program: (a) Criteria for eligibility for the employee incentive program; (b) A formula for calculating and distributing cost savings; (c) Employee protections against retaliation for initiating or participating in an employee incentive program; (d) A means of providing public recognition and financial compensation to employees whose innovations result in cost savings to the state; (e) A method for the centralized or departmental administration of the employee incentive program; and (f) A mechanism for returning an amount equal to fifty percent of the cost savings realized by any department as a result of an employee's cost-savings innovation to the Colorado taxpayers and for allowing the department in which the employee is employed to retain an amount equal to fifty percent of such cost savings.

C.R.S. § 24-50-805 Institutions of higher education - alternative employee incentive programs

24-50-805. Institutions of higher education - alternative employee incentive programs. Notwithstanding any provision of this part 8 to the contrary, the chief executive officer of a state institution of higher education may establish and implement an incentive program for employees, including classified employees, of the institution. At a minimum, the incentive program shall include the elements described in section 24-50-804 (2)(a) to (2)(e). An incentive program implemented pursuant to this section shall not be subject to approval by the state personnel director.

C.R.S. § 24-50-901 Legislative declaration

24-50-901. Legislative declaration. The general assembly hereby finds and declares that it is the policy of this state to concentrate on improving the efficiency and effectiveness of state government in order to provide better service to the residents and taxpayers of the state of Colorado, to increase state government productivity, and to decrease state government costs and waste. The general assembly recognizes that one method of achieving a more efficient and effective state government is to encourage the involvement of state employees in the development of innovative ideas that will increase the productivity and service level of state government while decreasing the costs of state government. The general assembly realizes that employee incentive programs that reward state employees for innovative ideas by allowing and incentivizing the employees to share the cost savings resulting from such innovative ideas will help encourage employee involvement in making state government more efficient and effective. The general assembly further recognizes that rewarding state employees' ideas may also increase employee morale and enthusiasm, decrease employee turnover, and improve customer service.

C.R.S. § 24-50-902 Definitions

24-50-902. Definitions. As used in this part 9, unless the context otherwise requires: (1) (a) "Employee" means, except as provided in paragraph (b) of this subsection (1), all state employees, including those employees within the state personnel system and those exempt from the state personnel system as specified in section 13 (2) of article XII of the state constitution. (b) "Employee" does not include: (I) An employee of the office of state planning and budgeting, the office of the state auditor, the joint budget committee, or the department of personnel; (II) An elected official or member of the general assembly; (III) The executive director, program manager, division director, or budget officer of a principal department; or (IV) An employee of a governing board of an institution of higher education or a higher education institutional system, an employee of an institution of higher education or of a higher education institutional system, or an employee of the Auraria higher education center created in article 70 of title 23, C.R.S. (2) "Executive director" means a state agency's executive director or similar senior level manager or managing director. (3) "Idea application" means the application described in section 24-50-903 (1)(a). (4) "Projected savings" means an amount calculated by a state agency that may be realized by the agency directly as a result of an employee's idea application. (5) "Savings realized" means an amount calculated by a state agency that was actually realized by the agency directly as a result of an employee's idea application. (6) "State agency" means any department, board, bureau, commission, division, institution, office, or other agency of the executive, legislative, and judicial branch of the state government. "State agency" shall not include an institution of higher education.

C.R.S. § 24-50-903 State employee idea application

24-50-903. State employee idea application. (1) (a) (I) No later than October 1, 2010, the state personnel director, or his or her designee, shall create and make publicly available to all employees on the department of personnel's website an idea application, substantially similar to the Air Force form AF 1000, to allow employees to suggest state agency improvements that may result in cost savings at the state agency where the employee works. Each state agency executive director shall create agency-specific supplemental submission materials to the idea application if such materials are deemed necessary by the executive director to manage the submission process. Each state agency shall post such materials on its respective website. (II) The idea application shall not be used for ideas that: (A) Would result from obvious and progressive normal business practices, such as a foreseeable expectation that the idea would be implemented in a reasonable time frame as a result of evolving business or industry practice; (B) Are obvious solutions to mandated budget cuts, such as abolishing vacant funded positions or reducing staff through layoffs; (C) Result in cost avoidance as the method of documenting cost savings, such as no or lowered increases in costs for staff, supplies, or equipment; (D) Result in revenue enhancement as the method of documenting cost savings, such as new or increased fees for services; or (E) Simply shift the cost from one state agency to another. (b) No later than October 1, 2010, the state personnel director, or his or her designee, shall establish standard evaluation criteria substantially similar to the evaluation criteria used to evaluate the Air Force form AF 1000, by which all idea applications shall be evaluated. The state personnel director, or his or her designee, shall make such criteria available to all executive directors. Each state agency executive director may establish additional evaluation criteria specific to his or her agency if such criteria are deemed necessary by the executive director to manage the submission process. (c) (I) Any employee may complete an idea application. For processing, the employee shall submit the idea application to the executive director of the employee's state agency. An employee shall not be retaliated against for submitting an idea application. (II) The identity of an employee who submits an idea application shall remain confidential and shall be redacted from the application until the employee has been determined to be eligible for an honorary award as specified in paragraph (d) of subsection (4) of this section, except that the identity of the employee may be made known to the executive director, or his or her designee, for purposes of obtaining reasonably necessary additional information related to the idea application. (III) (A) The executive director, or his or her designee, shall provide notification of receipt of the idea application to the employee within fifteen days after submission of such application. The executive director, or his or her designee, may automatically deny an idea application if he or she deems such application to be duplicative of another application that was submitted within the prior twelve-month period or duplicative of a recommendation contained in an audit report from the office of the state auditor or any privately contracted auditor, a joint budget committee staff document, or any other published evaluation of Colorado state government. The executive director, or his or her designee, shall provide notice of an automatic denial within fifteen days pursuant to this sub-subparagraph (A). (B) The executive director, or his or her designee, shall cause, within forty-five business days from the date of submission of an idea application that was not automatically denied for reasons listed in this section or agency-specific evaluation criteria as developed by an executive director, a projected savings calculation to be made. l within fifteen days pursuant to this sub-subparagraph (A). (B) The executive director, or his or her designee, shall cause, within forty-five business days from the date of submission of an idea application that was not automatically denied for reasons listed in this section or agency-specific evaluation criteria as developed by an executive director, a projected savings calculation to be made. (C) The executive director shall respond with a decision either approving or denying the employee's idea application within sixty business days after the date of submission of the idea application. For any idea application that is approved, the executive director, or his or her designee, shall identify, to the extent possible, any state laws or rules that would need to be changed as part of the review and approval process. The executive director, or his or her designee, shall submit a request for legislation to the committee of reference assigned to such executive director's state agency regarding any approved idea application that requires legislation for implementation. Idea applications that do not require legislation for implementation shall be implemented by the state agency as soon as reasonably possible, and no later than July 1 of the fiscal year following acceptance of the idea application. (IV) A copy of any employee's idea application that is not approved, along with a copy of the executive director's response, and any document indicating the projected savings shall be submitted by the director to the office of state planning and budgeting created in section 24-37-102 within sixty business days after submission of the idea application for the office of state planning and budgeting to review. (V) The executive director, or his or her designee, shall maintain copies of all idea applications that are submitted, along with the following information for approved idea applications: (A) A description of the innovative idea implemented; (B) The total savings achieved in the first fiscal year or first full twelve-month period after full implementation; (C) The total dollars awarded as an incentive to the employee who submitted the idea application; (D) Any affected general appropriations act line item, if applicable; and (E) An evaluation of the effectiveness in achieving the goals set forth in section 24-50-901 of the implemented idea and the honorary award to the employee. (2) Commencing on or after October 1, 2010, all state agencies shall advertise that the idea application is available on the department of personnel's website on any type of electronic payroll statements issued to employees and in any electronic broadcast communication made to employees, so long as the advertisement for the idea application occurs at least monthly. (3) The idea application and the advertisement described in subsection (2) of this section shall include information related to the honorary award specified in paragraph (d) of subsection (4) of this section that an employee may earn. (4) (a) Once an idea application is submitted, reviewed, and accepted by the executive director, or his or her designee, the employee shall be informed of the honorary award he or she may earn. the advertisement described in subsection (2) of this section shall include information related to the honorary award specified in paragraph (d) of subsection (4) of this section that an employee may earn. (4) (a) Once an idea application is submitted, reviewed, and accepted by the executive director, or his or her designee, the employee shall be informed of the honorary award he or she may earn. (b) Thirteen months after the innovative idea described in the idea application is fully implemented, the executive director shall calculate the savings realized for the first twelve months of full implementation. All documentation of the savings realized calculation satisfying the requirements of paragraph (f) of this subsection (4) shall be forwarded to the state auditor for review and verification no later than two months after the twelve months of full implementation of the innovative idea described in the idea application. The state auditor shall have one hundred twenty days from receipt of the savings realized calculation to: (I) Conduct the review and verification of the savings realized calculation; and (II) Submit a report with his or her findings, recommendations, and conclusions to the legislative audit committee, which shall hold a public hearing for the purposes of a review of the report. (c) The state auditor's report described in subparagraph (II) of paragraph (b) of this subsection (4) shall be submitted to the executive director who approved the idea application and to any members of the general assembly who carried any legislation to implement the idea. (d) (I) Except as provided in subparagraphs (II), (III), and (IV) of this paragraph (d), and unless otherwise prohibited, the savings realized as verified by the state auditor as specified in paragraph (b) of this subsection (4) shall be distributed, no later than the last day of the eighteenth month following the implementation of the innovative idea, as follows: (A) Five percent, up to five thousand dollars, of the savings realized as a one-time honorary award to the employee who submitted the idea application; (B) Twenty-five percent, up to twenty-five thousand dollars, of the savings realized to the state agency that the employee's idea application directly affects; and (C) The remainder after distributions are made pursuant to sub-subparagraphs (A) and (B) of this subparagraph (I) to the state general fund. (II) For a state agency that constitutes an enterprise for purposes of section 20 of article X of the state constitution, the savings realized as verified by the state auditor as specified in paragraph (b) of this subsection (4) shall be distributed, no later than the last day of the eighteenth month following the implementation of the innovative idea, as follows: (A) Five percent, up to five thousand dollars, of the savings realized as a one-time honorary award to the employee who submitted the idea application; (B) The remainder, after the distribution made pursuant to sub-subparagraph (A) of this subparagraph (II), to the state agency and to the general fund. The amount distributed to the general fund shall be the same percentage of the savings realized that the state agency receives in total annual revenues from the state general fund. (III) If the savings realized result in savings of federal moneys, the federal moneys saved shall not be distributed as specified in this paragraph (d) but shall either be used for a reallocation of moneys within the state agency or shall revert, depending on the use specified for those particular federal moneys. that the state agency receives in total annual revenues from the state general fund. (III) If the savings realized result in savings of federal moneys, the federal moneys saved shall not be distributed as specified in this paragraph (d) but shall either be used for a reallocation of moneys within the state agency or shall revert, depending on the use specified for those particular federal moneys. (IV) If the savings realized result in savings of moneys from public or private grants, gifts, awards, or donations where the use of such moneys is restricted, such restricted moneys shall not be distributed as specified in this paragraph (d) but shall either be used for a reallocation of moneys within the state agency or shall revert, depending on the use specified for such particular restricted moneys. (e) (I) Except as provided in subparagraphs (II) and (III) of this paragraph (e), the state agency may use the distribution specified in sub-subparagraph (B) of subparagraph (I) of paragraph (d) of this subsection (4) for any projects that would increase that state agency's efficiency or improve services provided to state residents, but the distribution shall not be used to hire additional full-time equivalent employees or for personnel services expenditures other than the distribution specified in sub-subparagraph (A) of subparagraph (I) of paragraph (d) of this subsection (4). (II) Any savings realized distributed to the department of transportation pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (d) of this subsection (4) shall be transferred to the state highway fund created in section 43-1-219, C.R.S., and shall only be used for material costs of road and bridge repairs. (III) This paragraph (e) shall not apply to a state agency that constitutes an enterprise for purposes of section 20 of article X of the state constitution. (f) Notwithstanding any other provision of this section, the state auditor shall only be required to undertake the review and verification required by paragraph (b) of this subsection (4) where the executive director has made a determination that the savings realized for the first twelve months of full implementation of the innovative idea described in the idea application equals ten thousand or more dollars. (5) Nothing in this part 9 shall be construed to provide employees with any grievance, dispute resolution, or appeals process with regard to any idea application submitted by the employee.

C.R.S. § 24-50-1001 Definitions

24-50-1001. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Applicant" means an individual applying to be a county employee, state employee, county contractor, or state contractor. (2) "County contractor" means an individual acting under a contract, purchase order, or other similar agreement for the procurement of goods or services with a county or county department. (3) "County employee" means an individual employed by a county. (4) "Federal tax information" has the same meaning as specified in federal internal revenue service publication 1075 dated September 30, 2016, as amended. (5) "State agency" means all departments, institutions, and agencies of state government, including the office of the governor, institutions of higher education, all principal departments, and the legislative and judicial departments of the state. (6) "State contractor" means an individual acting under a contract, purchase order, or other similar agreement for the procurement of goods or services with a state agency. (7) "State employee" means an individual employed by a state agency, whether the individual is under the state personnel system or exempt from the state personnel system.

C.R.S. § 24-50-1002 State agencies with access to federal tax information - authorization for background checks - procedure - costs

24-50-1002. State agencies with access to federal tax information - authorization for background checks - procedure - costs. (1) Each applicant, state employee, state contractor, or other individual who has or may have access through a state agency to federal tax information received from the federal government shall submit a complete set of the person's fingerprints to the state agency. The state agency shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The state agency shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, state employee, state contractor, or other individual who has a record of arrest without a disposition. The state agency may collect the fingerprints of the applicant, state employee, state contractor, or other individual or may use the fingerprinting services of another state agency or other entity authorized to collect fingerprints for the purpose of conducting fingerprint-based criminal history record checks. (2) The state agency shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether the applicant, state employee, state contractor, or other individual is qualified to have access to federal tax information in accordance with federal internal revenue service publication 1075. The state agency may verify the information an individual is required to submit. The state agency shall deny access to federal tax information received from the federal government to an applicant, state employee, state contractor, or other individual who does not pass the record check required by this section. (3) The state agency shall pay the costs associated with fingerprint-based criminal history record checks to the Colorado bureau of investigation and pay the costs associated with a name-based judicial record check.

C.R.S. § 24-50-1003 County departments with access to federal tax information - authorization for background checks - procedure - costs

24-50-1003. County departments with access to federal tax information - authorization for background checks - procedure - costs. (1) A state agency that receives federal tax information from the federal government and shares that information with a county department administering public assistance, child support services, or other programs may authorize and require the county department by written agreement to collect the fingerprints of all applicants, county employees, county contractors, or other individuals who have or may have access to the shared federal tax information for the purpose of conducting fingerprint-based criminal history record checks in accordance with this section. (2) Each applicant, county employee, county contractor, or other individual who has or may have access to federal tax information subject to an agreement authorized under subsection (1) of this section shall submit a complete set of the person's fingerprints to the county department. The county department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The county department shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, county employee, county contractor, or other individual who has a record of arrest without a disposition. (3) The county department shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether the applicant, county employee, county contractor, or other individual is qualified to have access to the shared federal tax information in accordance with federal internal revenue service publication 1075. The county department may verify the information an individual is required to submit. The county department shall deny access to the shared federal tax information to an applicant, county employee, county contractor, or other individual who does not pass the record check required in accordance with this section. (4) The county department shall pay the costs associated with fingerprint-based criminal history record checks to the Colorado bureau of investigation and pay the costs associated with a name-based judicial record check.

C.R.S. § 24-50-1004 State agencies sharing federal tax information with other state agencies

24-50-1004. State agencies sharing federal tax information with other state agencies. A state agency that receives federal tax information from the federal government and shares that information with another state agency may authorize and require that state agency by written agreement to conduct fingerprint-based criminal history record checks in accordance with section 24-50-1002 for all applicants, state employees, state contractors, or other individuals who have or may have access to the shared federal tax information. A state agency that receives federal tax information from the federal government shall not share that information with another state agency that fails or refuses to comply with the requirements of this section or section 24-50-1002.

C.R.S. § 24-50-1101 Short title

24-50-1101. Short title. The short title of this part 11 is the "Colorado Partnership for Quality Jobs and Services Act".

C.R.S. § 24-50-1102 Definitions

24-50-1102. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Certified employee organization" means an employee organization that has been certified as the representative of covered employees in a partnership unit pursuant to section 24-50-1106. (2) "Confidential employee" means a person who is required to develop or present management positions with respect to employer-employee relations, whose duties normally require access to confidential information contributing significantly to the development of such management positions, or who is employed by the department of law and whose duties are to provide direct support to assistant attorneys general in the application, interpretation, or enforcement of this part 11. (3) "Covered employee" means an employee who is employed in the personnel system of the state established in section 13 of article XII of the state constitution, unless the individual falls into any of the following categories: (a) Confidential employees; (b) Managerial employees; (c) Executive employees; (d) The director, the director of the division of labor standards and statistics, the governor's designee, and employees working with either director to implement this part 11; (e) Administrative law judges and hearing officers; (f) State troopers; (g) Employees of the legislative branch; or (h) Temporary appointees as described in section 24-50-114. (4) "Decertification election" means an election conducted by the division when the partnership unit is already represented by a certified employee organization, to determine by a majority of the votes cast whether the covered employees want to be represented by a different employee organization or by no employee organization at all. (5) "Director" means the state personnel director established in section 14 of article XII of the state constitution, or his or her designee. (6) "Division" means the division of labor standards and statistics within the department of labor and employment. (7) "Employee organization" means a nonprofit organization that engages with the state as an employer concerning wages, hours, and terms and conditions of employment and that represents or seeks to represent covered employees in a partnership unit as described in section 24-50-1105. (8) "Executive employee" means an employee: (a) Whose primary duty is management of the entity in which the employee is employed or of a customarily recognized department or subdivision thereof; (b) Who customarily and regularly directs the work of two or more other employees; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight. (9) "Governor's designee" means the person or persons the governor designates, in writing, as the individual or individuals who will represent the state in the exercise of the state's responsibilities under this part 11. (10) "Managerial employee" means any employee having significant responsibilities for formulating agency or departmental policies and programs or administering an agency or department. (11) "New employee orientation" means the onboarding process of a newly hired covered employee, whether in person, online, or through other means or mediums, in which covered employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters. (12) "Partnership agreement" means an agreement established pursuant to section 24-50-1112 between the state and a certified employee organization. (13) "Partnership agreement grievance" means a dispute concerning the interpretation, application, or enforcement of any provision of a partnership agreement. us, rights, benefits, duties and responsibilities, or any other employment-related matters. (12) "Partnership agreement" means an agreement established pursuant to section 24-50-1112 between the state and a certified employee organization. (13) "Partnership agreement grievance" means a dispute concerning the interpretation, application, or enforcement of any provision of a partnership agreement. (14) "Petition" means a document signed by a covered employee in which the covered employee expresses the desire to be represented by an employee organization. A "petition" includes individual petitions or petition cards with a single covered employee's signature, or membership forms or cards showing that a covered employee has joined an employee organization. (15) "Representation election" means an election conducted by the division when the partnership unit is not represented by a certified employee organization, to determine by a majority of the votes cast whether the covered employees wish to be represented by an employee organization. (16) "State" means the state of Colorado, including its agencies, divisions, and departments.

C.R.S. § 24-50-1103 Duties and responsibilities of the division - rules

24-50-1103. Duties and responsibilities of the division - rules. (1) The division shall enforce this part 11 and shall promulgate rules and conduct rule-making hearings in accordance with article 4 of this title 24 as may be necessary for the enforcement of this part 11. The division shall promulgate such rules within one hundred eighty days after June 16, 2020. (2) The division has the authority to adjudicate unfair labor practice charges and issue decisions pursuant to article 3 of title 8. (3) The division has the authority to conduct elections pursuant to section 24-50-1106.

C.R.S. § 24-50-1104 Duties and responsibilities of the director - rules

24-50-1104. Duties and responsibilities of the director - rules. The director shall promulgate rules in connection with any responsibility designated to the director under this part 11 and conduct rule-making hearings in accordance with article 4 of this title 24.

C.R.S. § 24-50-1105 Partnership units

24-50-1105. Partnership units. (1) There is a single partnership unit composed of all covered employees. (2) Covered employees who are represented by a certified employee organization pursuant to executive order D 028 07 on June 16, 2020, shall continue to be represented by the existing certified employee organization. All partnership units of covered employees established pursuant to executive order D 028 07 shall be merged into the statewide partnership unit. (3) Any future representation or decertification elections shall be at the level of the single statewide unit. (4) Matters set forth in section 24-50-1112 (3)(a) shall be bargained at the statewide level. (5) Matters set forth in section 24-50-1112 (3)(b) shall be bargained at the agency or department level but, upon mutual agreement, may be bargained at the statewide level.

C.R.S. § 24-50-1106 Covered employees' choice of certified employee organization - rules

24-50-1106. Covered employees' choice of certified employee organization - rules. (1) The division shall recognize as valid the certified status of the employee organization previously certified pursuant to executive order D 028 07 and shall consider such organization the certified employee organization for all purposes under this part 11 unless decertified. (2) (a) In the event there is no certified employee organization, any employee organization may file a petition with the division requesting that it hold a representation election to allow covered employees in an unrepresented partnership unit to elect an employee organization to serve as the certified employee organization. An employee organization requesting that the division hold an election shall submit a petition to the division, signed by at least thirty percent of the covered employees in a partnership unit. (b) The division shall certify as the certified employee organization the employee organization that receives the majority of votes cast by the covered employees. (c) The division shall not hold a representation election: (I) Within the twenty-four-month period immediately following June 16, 2020; or (II) If an election or runoff election has been conducted within the twelve-month period immediately preceding the proposed election. (3) (a) A covered employee or an employee organization may initiate a decertification election of a certified employee organization by submitting a petition signed by at least thirty percent of the covered employees requesting a decertification election. (b) When there is a partnership agreement in effect, a covered employee or employee organization must submit a request for a decertification election to the division no earlier than one hundred twenty calendar days and no later than ninety calendar days before the expiration of the partnership agreement, or after the expiration of the fourth year of a partnership agreement with a term of more than four years. If one year after expiration of a partnership agreement, a new partnership agreement is not ratified, then a new decertification election window opens but then closes at ratification. (c) When an employee organization has been certified but no partnership agreement is in effect, the division shall not accept a request for a decertification election earlier than two years from the date of the certification or June 16, 2020, whichever is later. (4) A certified employee organization or the state may file a petition with the director to resolve disputes about whether certain employees are appropriately classified as covered employees. Appeals of the director's decision shall be brought to the division for adjudication. Any challenges to the exemption of an employee from the state personnel system under article XII, section 13 of the state constitution may be filed only with the state personnel board.

C.R.S. § 24-50-1107 Rights of covered employees

24-50-1107. Rights of covered employees. (1) Covered employees shall have the right to self-organization; to form, join, or assist an employee organization; to engage in the partnership process and the formation of a partnership agreement collectively through representatives of their own choosing; to engage in other concerted activities for the purpose of the partnership process or other mutual aid or protection; and shall also have the right to refrain from any or all such activities, without interference, restraint, or coercion by the state or employee organization. (2) Covered employees have the right to communicate with one another and with employee organization representatives concerning organization, representation, workplace issues, the partnership process, and the business and programs of certified employee organizations by means of e-mail systems, texts, other electronic communications, telephone, paper documents, and other means of communication subject to reasonable restrictions. (3) (a) Within sixty days of June 16, 2020, the state shall complete a one-time notification process to inform each covered employee of the option to direct the state not to provide a certified employee organization the covered employee's home address, home and personal cellular phone numbers, and personal e-mail address. (b) The state shall inform new employees, within thirty days of their start date, of the option to opt out pursuant to subsection (3)(a) of this section. (c) At any time, a covered employee may direct the state to not provide the employee's home address, home and personal cellular phone numbers, and personal e-mail address. A covered employee may rescind such request at any time. (d) Any communication by the state pursuant to this subsection (3) shall be subject to the requirements of section 24-50-1111 (7)(a) and shall be neutral with respect to the employee's exercise of this option. (4) The interference with the rights as stated in this section by the state or certified employee organization constitutes an unfair labor practice subject to review pursuant to section 24-50-1113 (3).

C.R.S. § 24-50-1108 Rights of certified employee organizations

24-50-1108. Rights of certified employee organizations. The certified employee organization shall have reasonable access to covered employees at work, through electronic communication and other means. Reasonable access shall be determined through the partnership agreement process pursuant to section 24-50-1112. The certified employee organization is the only employee organization that has the right to such access except to the extent access is provided to the general public.

C.R.S. § 24-50-1109 Duties of the certified employee organization

24-50-1109. Duties of the certified employee organization. (1) In performing its duties under this part 11, the certified employee organization shall represent the interests of all covered employees without discrimination or regard to membership in the certified employee organization, and shall negotiate partnership agreements that apply equally to all covered employees regardless of membership status in the certified employee organization. This does not limit the state and the certified employee organization from having a partnership agreement that also covers department or agency specific issues. (2) The certified employee organization is not required to represent covered employees in personnel actions pursuant to section 13 (8) of article XII of the state constitution and sections 24-50-123, 24-50-124, 24-50-125, and 24-50-125.3 before the state personnel board or in any other proceeding not created by a partnership agreement negotiated pursuant to this part 11. (3) (a) A certified employee organization shall not threaten, facilitate, support, or cause a state employee: (I) Strike; (II) Work stoppage; (III) Work slowdown; (IV) Group sick out; or (V) Action that disrupts, on a widespread basis, the day-to-day functioning of the state or any of its agencies or departments. (b) Any controversy concerning an activity prohibited by subsection (3)(a) of this section may be submitted to the division pursuant to section 24-50-1113. Upon finding that the certified employee organization has violated subsection (3)(a) of this section, the division shall award any appropriate relief, including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may begin the certification process in section 24-50-1106 (2) after one year from the date of decertification. (c) Nothing in this subsection (3) prohibits the certified employee organization from engaging in other concerted activities for the purpose of the partnership process of other mutual aid or protection, without interference, restraint, or coercion by the state. (4) It shall constitute an unfair labor practice subject to review pursuant to section 24-50-1113 (3) for the certified employee organization to engage in the activities prohibited by this section, or to fail to discharge its duties under this section. (5) Covered employees who are found to have engaged in prohibited conduct described in this section may be subject to disciplinary action up to and including termination.

C.R.S. § 24-50-1110 Executive and management rights

24-50-1110. Executive and management rights. (1) Nothing in this part 11 impairs the ability of the state to: (a) Exercise any right or responsibility reserved to an appointing authority, the director, or the state personnel board pursuant to the state personnel system as described in section 13 of article XII of the state constitution and part 1 of this article 50 and rules or procedures promulgated by the state personnel board or the director pursuant to section 24-50-101 (3)(c); (b) Determine and carry out any mission, initiative, task force, agenda, policy, or program of any department, division, office, or other subdivision of the state; (c) Establish and oversee budget, finances, and accounting; (d) Determine utilization of technology; (e) Negotiate with, procure, and administer contracts that the state has lawful authority to enter; (f) Make, amend and enforce, or revoke reasonable personal conduct rules; or (g) Take such actions as may be necessary to carry out any government function during an emergency. (2) Nothing in this part 11 or in any partnership agreement may restrict, duplicate, or usurp any responsibility of or power granted to the governor, the director, or state personnel board by the state constitution or the Colorado Revised Statutes. (3) Nothing in this part 11 shall prevent the state from convening, or engaging in discussions with any state employee or group of state employees to accomplish any of the matters listed in this section.

C.R.S. § 24-50-1111 Duties of the state

24-50-1111. Duties of the state. (1) The state shall make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization and related entities. The certified employee organization and related entities shall be the only employee organization for which the state shall make payroll deductions from covered employees. (2) The state shall honor the terms of covered employees' authorizations for payroll deductions made in any form that satisfies the requirements of the "Uniform Electronic Transactions Act", article 71.3 of this title 24, including without limitation electronic authorizations, including voice authorizations, that meet the requirements of an electronic signature as defined in section 24-71.3-102 (8). Covered employees' requests to cancel or change authorizations for payroll deductions shall be directed to the certified employee organization rather than to the state. The certified employee organization shall be responsible for processing these requests in accordance with the terms of the authorization. An authorization for a payroll deduction may not be irrevocable for a period of more than one year. A certified employee organization that certifies that it has and will maintain individual covered employee authorizations is not required to provide a copy of an individual authorization to the state unless a dispute arises about the existence or terms of that authorization. The certified employee organization shall indemnify the state for any claims made by the covered employee for deductions made in reliance on that information. (3) (a) Each month the department of personnel shall, unless prohibited by law, provide to a certified employee organization the following information for each covered employee: (I) Name, employee identification number, department, job class, job title, work telephone number, work e-mail address, work location, salary, and date of hire, as contained in the statewide system of record; and (II) Home address, home and personal cellular phone numbers, and personal e-mail address unless directed by the covered employee not to provide the same pursuant to section 24-50-1107 (3). (b) If the information is not contained in the statewide system of record, the department of personnel shall provide the employee organization notice and will have no obligation to provide the information until it is contained in the statewide system of record. (c) A certified employee organization shall treat the information it receives under this subsection (3) as confidential and may not release the information to any third party except for the purpose of carrying out the certified employee organization's duties under this title 24 and communicating with covered employees. (d) Records created in complying with this subsection (3) and containing a covered employee's personal home address, home and personal cellular phone number, and personal e-mail address shall be exempt from the "Colorado Open Records Act", part 2 of article 72 of this title 24. (4) Within thirty days of a covered employee being hired, the state shall allow the certified employee organization to meet with that covered employee during work time as determined by subsection (5)(c) of this section. (5) (a) The state must provide the certified employee organization access to its new employee orientations on paid time for newly hired covered employees. (b) The state must provide the certified employee organization at least ten days notice in advance of a new employee orientation; except that a shorter notice may be provided where there is an urgent need critical to the state's operations that was not reasonably foreseeable. he certified employee organization access to its new employee orientations on paid time for newly hired covered employees. (b) The state must provide the certified employee organization at least ten days notice in advance of a new employee orientation; except that a shorter notice may be provided where there is an urgent need critical to the state's operations that was not reasonably foreseeable. (c) The state and the certified employee organization shall determine the structure, time, and manner of the employee organization's access through the partnership agreement process set forth in section 24-50-1112. (6) After the state and the certified employee organization reach a partnership agreement, the initial or supplemental budget request from the governor to the general assembly shall include sufficient appropriations to implement the terms of the agreement requiring the expenditure of money. The provisions of a partnership agreement that require the expenditure of money shall be contingent upon the availability of money and the specific appropriation of money by the general assembly. If the general assembly rejects any part of the request, or while accepting the request takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations concerning economic issues. (7) The state and its designees and agents, including the governor's designee, the executive directors of state agencies, and other state officials charged with administering partnership agreements, shall engage in good faith in all aspects of the partnership process. The state and its designees and agents shall not: (a) Take any action or make any statement in favor of or in opposition to a covered employee's decision to participate in, select, or join an employee organization, or to refrain from these activities; except that the state may respond to questions from a covered employee pertaining to the covered employee's employment or any matter described in this part 11, provided that such response is neutral toward participation, selection, and membership in an employee organization; (b) Expend public money or resources for a negative campaign against an employee organization or provide assistance to any individual or group to engage in such a campaign. It is not a violation of this section for the state to respond to any requests pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24, or to exercise any other obligation required by law. (c) Interfere with, restrain, or coerce covered employees from exercising the rights granted by this part 11; except that this subsection (7)(c) does not impair the right of a certified employee organization to prescribe its own rules with respect to recruiting and maintaining its membership subject to section 24-50-1109 (3)(a); (d) Discharge or discriminate against any covered employee because the employee filed an affidavit, or gave any information or testimony under this part 11, or because the employee formed, joined, or chose to be represented by any employee organization, or refrained from any such activities; (e) Refuse to participate in the partnership process set forth in section 24-50-1112, once a certified employee organization is certified; or (f) Refuse to participate in the partnership dispute resolution process. (8) It shall constitute an unfair labor practice subject to review pursuant to section 24-50-1113 (3) for the state to engage in the activities prohibited under this section, or to fail to discharge its duties under this section. The governor shall not be subject to an unfair labor practice charge.

C.R.S. § 24-50-1112 Partnership agreements

24-50-1112. Partnership agreements. (1) Within thirty days after June 16, 2020, if an employee organization is already certified, or within sixty days after an employee organization has been certified pursuant to a representation election, or no later than April 15 of the year preceding the expiration of a partnership agreement, the state shall begin meetings to discuss and cooperatively draft a mutually agreed upon written partnership agreement to be binding on the state, the certified employee organization, and covered employees when ratified by the certified employee organization and approved by the governor. Subject to section 24-50-1110, both the certified employee organization and the state shall bargain in good faith to reach agreement on wages, hours, and terms and conditions of employment for all covered employees. Neither the certified employee organization nor the state shall be required to agree to a proposal or to make a concession. Disputes shall be resolved pursuant to section 24-50-1113. (2) The parties shall bargain over wages, hours, and terms and conditions of employment. All other subjects are permissive and may be addressed during bargaining upon mutual agreement of the parties. A partnership agreement may not include a requirement or agreement that the executive branch or any department negotiate with respect to the statutory function of any department or agency or matters related to the public employees' retirement association. (3) (a) Economic issues, matters impacting all covered employees, matters that necessitate statewide uniformity pursuant to the state constitution, the Colorado Revised Statutes, or administrative rule, shall be negotiated between the certified employee organization and the governor's designee. The governor's designee may consult with the executive director charged with administering the issues subject to statewide bargaining. (b) Matters impacting covered employees in a single department or agency or subdivision thereof shall be negotiated by the certified employee organization and the executive director of the department or agency or the executive director's designee. Any agreements made at the department or agency level shall be incorporated into the partnership agreement. The certified employee organization and the executive director of the department or agency may choose to bring department or agency matters to statewide bargaining upon mutual agreement. (4) A partnership agreement shall provide for a partnership agreement grievance procedure culminating in final and binding arbitration to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. (5) A partnership agreement that is executed by the state and the certified employee organization is enforceable and binding on the state, the certified employee organization, and covered employees covered by the agreement. In the event of conflict between the provisions of a partnership agreement and state laws or rules in effect as of the initial partnership agreement, state laws and rules control. (6) Meetings and discussions held pursuant to this section and the partnership agreement grievance and arbitration process specified in subsection (4) of this section and the dispute resolution process specified in section 24-50-1113 are not meetings as defined in section 24-6-402. p agreement and state laws or rules in effect as of the initial partnership agreement, state laws and rules control. (6) Meetings and discussions held pursuant to this section and the partnership agreement grievance and arbitration process specified in subsection (4) of this section and the dispute resolution process specified in section 24-50-1113 are not meetings as defined in section 24-6-402. (7) Except for a partnership agreement submitted for ratification, all documents, proposals, and draft and tentative agreements drafted or exchanged pursuant to the process established in this section are privileged and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. Nothing in this section shall be construed to prevent a certified employee organization or the state from presenting such materials in any partnership agreement grievance or arbitration process pursuant to subsection (4) of this section or the dispute resolution process specified in section 24-50-1113.

C.R.S. § 24-50-1113 Dispute resolution

24-50-1113. Dispute resolution. (1) If disputes arise during the formation of a partnership agreement, the certified employee organization and the state, to encourage a true cooperative partnership, shall engage in the dispute resolution process established in this section or an alternative procedure established by mutual agreement. All deadlines may be extended pursuant to mutual agreement of the parties. (2) (a) If the certified employee organization and the state cannot reach agreement within ninety calendar days after commencing meetings to draft a partnership agreement, either party may request that the matters on which the parties cannot reach agreement be sent to mediation with a mutually agreed upon mediator. The mediator shall be selected from a list of five candidates provided by a respected, national, not-for-profit entity that provides alternative dispute resolution services. (b) If the parties do not reach an agreement on outstanding issues within thirty calendar days after commencing mediation, the mediator shall issue a recommendation on all of the outstanding issues. The mediator shall issue the recommendation within fifteen calendar days of the end of the thirty-day mediation period. The mediator's recommendation shall be shared with both parties and either party may share it with others or make it public. (c) If, after mediation, the parties do not reach agreement on all issues, they may enter into a partnership agreement on the issues on which they have reached agreement. (d) The cost of the mediator pursuant to this section shall be shared equally by the certified employee organization and the state. (e) With the exception of the recommendation of the mediator, all documents, proposals, and draft and tentative agreements, drafted or exchanged pursuant to the process established in this section, are privileged and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. (3) Any controversy concerning unfair labor practices of the state or certified employee organization may be submitted to the division by the state, certified employee organization, or affected employee in a manner and with the effect provided in article 3 of title 8 and rules promulgated thereunder; except that nothing in this part 11 prevents the pursuit of equitable or legal relief in courts of competent jurisdiction. A claimant is not required to exhaust administrative remedies.

C.R.S. § 24-50-1114 Maintenance of the partnership relationship

24-50-1114. Maintenance of the partnership relationship. An existing partnership agreement shall continue in full force and effect until it is replaced by a subsequent partnership agreement.

C.R.S. § 24-50-1115 Judicial review

24-50-1115. Judicial review. (1) The certified employee organization or the state may seek judicial review of the division's decisions or orders on classification of covered employees under section 24-50-1106 (4); representation or decertification petitions under section 24-50-1106; division decisions on unfair labor practice charges under section 24-50-1113 (3); or rules or regulations issued by the division under this part 11, in the manner and with the effect provided in the "State Administrative Procedures Act", article 4 of this title 24, and rules promulgated thereunder. (2) (a) The certified employee organization or the state may seek judicial review of an arbitrator's decision on a partnership agreement grievance pursuant to section 24-50-1112 (4) in a district court in the city and county of Denver. (b) The arbitrator's decision shall be enforced and the parties shall comply with the decision and award unless the district court concludes that: (I) The decision and award was procured by corruption, fraud, or undue means; (II) The arbitrator exceeded his or her authority; (III) The decision and award did not draw its essence from the partnership agreement; or (IV) The decision and award violated public policy, that the arbitrator engaged in manifest disregard of the law, or that the arbitration denied the parties a fundamentally fair hearing.

C.R.S. § 24-50-1116 Construction of other laws

24-50-1116. Construction of other laws. If any provision of this part 11 is inconsistent with the provisions of any other previously enacted law or rule, the provisions of this part 11 control; except that the provisions of this part 11 do not control over article 51 of this title 24. Nothing in this part 11 deprives the director or state personnel board of any constitutionally required authority.

C.R.S. § 24-50-1117 Implementation and administration - costs

24-50-1117. Implementation and administration - costs. For the 2022-23 state fiscal year and each state fiscal year thereafter, the costs associated with the implementation or administration of this part 11 shall be paid from the general fund, subject to available appropriation.

C.R.S. § 24-50-1201 Short title

24-50-1201. Short title. The short title of this part 12 is the "Colorado Competitive Pharmacy Benefit Managers Marketplace Act".

C.R.S. § 24-50-1202 Legislative declaration - intent

24-50-1202. Legislative declaration - intent. (1) The general assembly hereby finds and declares that it is the intent of this act to optimize prescription drug savings by the state by requiring the following: (a) The adoption of a dynamically competitive reverse auction process for state health plan selection of pharmacy benefit managers; (b) The electronic review and validation of pharmacy benefit manager claims as the foundation for reconciling pharmacy bills; and (c) The technology-driven evaluation of incumbent pharmacy benefit manager prescription drug pricing based on benchmark comparators derived from pharmacy benefit manager reverse auction processes conducted in the United States over the previous twelve months.

C.R.S. § 24-50-1203 Definitions

24-50-1203. Definitions. As used in this part 12, unless the context otherwise requires: (1) "AWP" means average wholesale price. (2) "Department" means the department of personnel. (3) "GNC" means guaranteed net cost. (4) "Market check" means a technology-driven evaluation of an incumbent PBM's prescription drug pricing based on benchmark comparators derived from PBM reverse auction processes conducted in the United States over the previous twelve months. (5) "NADAC" means national average drug acquisition cost. (6) "NIST" means national institute of standards and technology. (7) "Participant bidding agreement" means an online agreement that details common definitions, prescription drug classifications, rules, data access and use rights, and other optimal contract terms benefitting the state that all PBM bidders must accept as a prerequisite for participation in a PBM reverse auction. (8) "Pharmacy benefit manager" or "PBM" means a person, business, or other entity that, pursuant to a contract with a health-care service plan, manages, in whole or through a coordination of service providers, the prescription drug coverage provided by the health-care service plan, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of prior authorization requests for specified drugs, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. (9) "PBM reverse auction" means an automated, transparent, and dynamically competitive bidding process conducted online that starts with an opening round of bids and allows qualified PBM bidders to counter-offer a lower price for as many rounds of bidding as determined by the department for a multiple health plan prescription drug purchasing group. (10) "Price" means the projected cost of a PBM offer or bid for providing prescription drug benefits pursuant to this part 12, to enable direct comparison of the comparably calculated costs of competing PBM proposals over the duration of the PBM services contract. (11) "Real-time" means within no more than one hour. (12) "Self-funded private sector health plan" means any self-funded private sector employer or multi-employer health plan. (13) "Self-funded public sector health plan" means any group benefit plan provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50; any state-funded health plan or self-funded county, municipal, or other local government employee health plan; and any public school employee health plan, health plan of the university of Colorado, Colorado public four-year college, or Colorado community college system. (14) "SOC 2" means service organization control 2.

C.R.S. § 24-50-1204 Competitive pharmacy benefit manager - contract - requirements

24-50-1204. Competitive pharmacy benefit manager - contract - requirements. (1) Consistent with the "Procurement Code", articles 101 to 112 of this title 24, and notwithstanding any other provision of law, the department shall enter into a contract for the services of a pharmacy benefit manager for the administration of benefits under the "State Employees Group Benefits Act", part 6 of this article 50, in a transparent, online, and dynamically competitive process and in the manner specified in this section. (2) Prior to November 1, 2022, the department shall procure, through the solicitation of proposals from qualified professional services vendors, the following products and services based on price, capabilities, and other factors deemed relevant by the department: (a) A technology platform with the required capabilities for conducting a PBM reverse auction. The department shall ensure that the technology platform possesses, at a minimum, the capacity to: (I) Conduct an automated, online, reverse auction of PBM services using a software application and high-performance data infrastructure to intake, cleanse, and normalize PBM data with development methods and information security standards that have been validated by receiving SOC 2 and NIST certification or successor information technology security certifications, as identified by the office of information technology; (II) Automate repricing of diverse and complex PBM prescription drug pricing proposals to enable direct comparison of the comparably calculated costs to the state of PBM bids using one hundred percent of annual prescription drug claims data available for state-funded health plans or a multiple health plan prescription drug purchasing group and using code-based classification of drugs from nationally accepted drug sources; (III) Simultaneously evaluate, in real-time, diverse and complex multiple proposals from full service PBMs, including AWP, GNC, and NADAC pricing models, as well as proposals from pharmacy benefit administrators and specialty drug and rebate carve out service providers; (IV) Produce an automated report and analysis of PBM bids, including the ranking of PBM bids based on the comparative costs and qualitative aspects of the bids within a one-hour period following the close of each round of reverse auction bidding; and (V) Perform real-time, electronic, line-by-line, claim-by-claim review of one hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract resulting from the reserve auction process; and (b) Related services from the operator of the technology platform identified in subsection (2)(a) of this section, which shall include, at a minimum: (I) Evaluation of the qualifications of PBM bidders; (II) Online automated reverse auction services to support the department in comparing the pricing for the PBM procurement; and (III) Related professional services. (3) The department shall not award a contract for procurement of the technology platform and technology operator services to a vendor that is a PBM or a vendor that is managed by or a subsidiary or affiliate of a PBM. (4) The vendor awarded the contract by the department shall not outsource any part of the PBM reverse auction or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims. (5) With technical assistance and support provided by the technology platform operator, the department shall specify the terms of the participant bidding agreement. The terms of the participant bidding agreement shall not be modified except by specific consent of the department. or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims. (5) With technical assistance and support provided by the technology platform operator, the department shall specify the terms of the participant bidding agreement. The terms of the participant bidding agreement shall not be modified except by specific consent of the department. (6) (a) The technology platform used to conduct the reverse auction shall be repurposed over the duration of the PBM services contract as an automated pharmacy claims adjudication engine to perform real-time, electronic, line-by-line, claim-by-claim review of one hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract. (b) The department shall reconcile the electronically adjudicated pharmacy claims, as described in subsection (6)(a) of this section, with PBM invoices on a monthly or quarterly basis to ensure that state payments shall not exceed the terms specified in any PBM services contract. (c) If following state payment to the PBM on the basis of such reconciliation, the PBM asserts that the department or its authorized representative has underpaid on the amount owed, the PBM may seek resolution through a mutually acceptable dispute resolution process, which the parties shall have agreed to previously in the terms of their contract. (7) (a) The first PBM reverse auction shall be completed and the PBM services contract shall be awarded to the winning PBM with an effective date of July 1, 2023. Subsequent contracts must be awarded no later than three months prior to termination or expiration of the current PBM services contract for a covered group, such as the state employees benefits group, that includes only active employees and dependents, but does not include retiree participants in a medicare Part D employer group waiver program pursuant to the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Pub.L. 108-173. (b) In the event an eligible covered group that includes retiree participants in a Part D employer group waiver program pursuant to the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Pub.L. 108-173, opts to use the processes and procedures set forth in this part 12, the relevant PBM reverse auction shall be completed and the PBM services contract shall be awarded to the winning PBM no later than six months prior to termination or expiration of the PBM services contract currently covering the retiree employer group waiver program participants. (8) The department may perform a market check for providing PBM services during the term of the current PBM services contract, which shall be a technology-driven evaluation of the incumbent PBM's prescription drug pricing based on benchmark comparators derived from PBM reverse auction processes conducted in the United States over the previous twelve months in order to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract. (9) To ensure that the department does not incur additional expenditures associated with conduct of the PBM reverse auction, ongoing electronic review and validations of PBM claims, and optional periodic market checks, the department shall implement a no-pay option that obligates the winning PBM, rather than the state, to pay the cost of the technology platform and related technology platform operator services by assessing the PBM a per-prescription fee in an amount agreed to by the department and the technology operator and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract. The obligation of the winning PBM to pay the per-prescription fees shall be incorporated as a term of the participant bidding agreement and the PBM services contract awarded to the PBM reverse auction winner. ion fee in an amount agreed to by the department and the technology operator and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract. The obligation of the winning PBM to pay the per-prescription fees shall be incorporated as a term of the participant bidding agreement and the PBM services contract awarded to the PBM reverse auction winner. (10) (a) The processes and procedures set forth in this part 12 apply to group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50. This part 12 shall not apply in the case of a nonprofit, nongovernmental health maintenance organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group. (b) Any other self-funded public sector health plan may use the processes and procedures set forth in this part 12 individually, collectively, or as a joint purchasing group with the group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50. (c) (I) After completion of the first PBM reverse auction, self-funded private sector health plans with substantial participation by Colorado employees and their dependents shall have the option to participate in a joint purchasing pool with state employees for subsequent PBM reverse auctions. (II) The group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50, and any self-funded public sector health plans or self-funded private sector health plans that opt to participate with the state employees group benefits plan in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design. Any such entity or purchasing group shall agree, before participating in the PBM reverse auction, to accept the prescription drug pricing plan that is selected through the PBM reverse auction process. (III) Any PBM providing services to the department, to self-funded public sector health plans, or to self-funded private sector health plans as described in this section shall provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties. (11) Notwithstanding section 24-50-1204 (1), the department may elect to vacate the outcome of a PBM reverse auction if the lowest cost PBM bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department. The department may utilize a consultant to make the verification. The cost trend shall be projected by the technology platform operator using industry-recognized data sources and is subject to review and approval by the department in advance of the reverse auction. Methodology must be applied consistently in projection of cost and savings to the state with regard to the incumbent PBM contract and competing PBM reverse auction bids.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026