Colorado 2023 Regular Session

Colorado Senate Bill SB105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0061.01 Kristen Forrestal x4217
1	8		SENATE BILL 23-105
2		-	BY SENATOR(S) Danielson and Buckner, Coleman, Cutter, Exum, Fields,
3		-	Gonzales, Hinrichsen, Jaquez Lewis, Marchman, Rodriguez, Sullivan,
4		-	Winter F., Bridges, Ginal, Hansen, Kolker, Moreno, Mullica, Priola,
5		-	Roberts, Fenberg;
6		-	also REPRESENTATIVE(S) Gonzales-Gutierrez and Bacon, Boesenecker,
7		-	deGruy Kennedy, Froelich, Garcia, Jodeh, Joseph, Mabrey, Martinez,
8		-	Michaelson Jenet, Ortiz, Story, Vigil, Willford, Woodrow, Amabile, Brown,
9		-	Dickson, English, Hamrick, Herod, Kipp, Lieder, Lindsay, Lindstedt,
10		-	McCormick, McLachlan, Parenti, Ricks, Sharbini, Sirota, Titone, Velasco.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
11	13		C
12		-	ONCERNING THE IMPLEMENTATION OF MEASURES TO ENSURE EQUAL PAY
13		-	FOR EQUAL WORK
14		-	, AND, IN CONNECTION THEREWITH, MAKING AN
15		-	APPROPRIATION
16		-	.
	14	+	ONCERNING THE IMPLEMENTATION OF MEASURES TO ENSURE EQUAL101
	15	+	PAY FOR EQUAL WORK , AND, IN CONNECTION THEREWITH ,
	16	+	102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Current law authorizes the director of the division of labor
	26	+	standards and statistics in the department of labor and employment
	27	+	(director) to create and administer a process to accept and mediate
	28	+	complaints, to provide legal resources concerning alleged wage inequity,
	29	+	and to promulgate rules as necessary for this purpose. The bill changes
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 1, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	April 29, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 13, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 12, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Danielson and Buckner, Coleman, Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez
	44	+	Lewis, Marchman, Rodriguez, Sullivan, Winter F., Bridges, Fenberg, Ginal, Hansen, Kolker,
	45	+	Moreno, Mullica, Priola, Roberts
	46	+	HOUSE SPONSORSHIP
	47	+	Gonzales-Gutierrez and Bacon, Boesenecker, deGruy Kennedy, Froelich, Garcia, Jodeh,
	48	+	Joseph, Mabrey, Martinez, Michaelson Jenet, Ortiz, Story, Vigil, Willford, Woodrow,
	49	+	Amabile, Brown, Dickson, English, Hamrick, Herod, Kipp, Lieder, Lindsay, Lindstedt,
	50	+	McCormick, McLachlan, Parenti, Ricks, Sharbini, Sirota, Titone, Velasco
	51	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	52	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	53	+	Dashes through the words or numbers indicate deletions from existing law. these authorizations to requirements.
	54	+	Additionally, the bill requires the director to:
	55	+	! Investigate complaints or other leads concerning wage
	56	+	inequity;
	57	+	! Upon finding of a violation, order compliance and relief;
	58	+	and
	59	+	! Promulgate rules to enforce the bill.
	60	+	The bill also requires an employer to:
	61	+	! For each job opportunity or promotional opportunity where
	62	+	the employer is considering more than one candidate,
	63	+	follow specific guidelines for posting the opportunity;
	64	+	! For all job opportunities and promotional opportunities,
	65	+	provide specific information to employees regarding the
	66	+	candidate selected for the opportunity; and
	67	+	! For all objectively defined career progressions, disclose the
	68	+	requirements for career progression and the terms of
	69	+	compensation, benefits, status, duties, and access to further
	70	+	advancement.
	71	+	Be it enacted by the General Assembly of the State of Colorado:1
	72	+	SECTION 1. In Colorado Revised Statutes, 8-5-101, add (1.3),2
	73	+	(1.5), (5.5),
	74	+	and (8.5) as follows:3
	75	+	8-5-101. Definitions. As used in this article 5, unless the context4
	76	+	otherwise requires:5
	77	+	(1.3) "C
	78	+	AREER DEVELOPMENT " MEANS A CHANGE TO AN6
	79	+	EMPLOYEE'S TERMS OF COMPENSATION , BENEFITS, FULL-TIME OR7
	80	+	PART-TIME STATUS, DUTIES, OR ACCESS TO FURTHER ADVANCEMENT IN8
	81	+	ORDER TO UPDATE THE EMPLOYEE 'S JOB TITLE OR COMPENSATE THE9
	82	+	EMPLOYEE TO REFLECT WORK PERFORMED OR CONTRIBUTIONS ALREADY10
	83	+	MADE BY THE EMPLOYEE.11
	84	+	(1.5) "C
	85	+	AREER PROGRESSION" MEANS A REGULAR OR AUTOMATIC12
	86	+	MOVEMENT FROM ONE POSITION TO ANOTHER BASED ON TIME IN A SPECIFIC13
	87	+	ROLE OR OTHER OBJECTIVE METRICS.14
	88	+	(5.5) (a) "J
	89	+	OB OPPORTUNITY" MEANS A CURRENT OR ANTICIPATED15
	90	+	105-2- VACANCY FOR WHICH THE EMPLOYER IS CONSIDERING A CANDIDATE OR1
	91	+	CANDIDATES OR INTERVIEWING A CANDIDATE OR CANDIDATES OR THAT2
	92	+	THE EMPLOYER EXTERNALLY POSTS .3
	93	+	(b) "J
	94	+	OB OPPORTUNITY" DOES NOT INCLUDE CAREER DEVELOPMENT4
	95	+	OR CAREER PROGRESSION.5
17	96
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. In Colorado Revised Statutes, 8-5-101, add (1.3),
20		-	(1.5), (5.5), and (8.5) as follows:
21		-	8-5-101. Definitions. As used in this article 5, unless the context
22		-	otherwise requires:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (1.3) "CAREER DEVELOPMENT" MEANS A CHANGE TO AN EMPLOYEE'S
31		-	TERMS OF COMPENSATION
32		-	, BENEFITS, FULL-TIME OR PART-TIME STATUS,
33		-	DUTIES, OR ACCESS TO FURTHER ADVANCEMENT IN ORDER TO UPDATE THE
34		-	EMPLOYEE
35		-	'S JOB TITLE OR COMPENSATE THE EMPLOYEE TO REFLECT WORK
36		-	PERFORMED OR CONTRIBUTIONS ALREADY MADE BY THE EMPLOYEE
37		-	.
38		-	(1.5) "C
39		-	AREER PROGRESSION" MEANS A REGULAR OR AUTOMATIC
40		-	MOVEMENT FROM ONE POSITION TO ANOTHER BASED ON TIME IN A SPECIFIC
41		-	ROLE OR OTHER OBJECTIVE METRICS
42		-	.
43		-	(5.5) (a) "J
44		-	OB OPPORTUNITY" MEANS A CURRENT OR ANTICIPATED
45		-	VACANCY FOR WHICH THE EMPLOYER IS CONSIDERING A CANDIDATE OR
46		-	CANDIDATES OR INTERVIEWING A CANDIDATE OR CANDIDATES OR THAT THE
47		-	EMPLOYER EXTERNALLY POSTS
48		-	.
49		-	(b) "J
50		-	OB OPPORTUNITY" DOES NOT INCLUDE CAREER DEVELOPMENT
51		-	OR CAREER PROGRESSION
52		-	.
	97	+	6
53	98		(8.5) "V
54		-	ACANCY" MEANS AN OPEN POSITION, WHETHER AS A RESULT
55		-	OF A NEWLY CREATED POSITION OR A VACATED POSITION
56		-	.
57		-	SECTION 2. In Colorado Revised Statutes, 8-5-103, amend (1)
58		-	and (3) as follows:
59		-	8-5-103. Enforcement - rules - complaints. (1) (a) The director is
60		-	authorized to SHALL:
61		-	(I) Create and administer a process to accept and mediate complaints
62		-	and to provide legal resources concerning alleged violations of section
63		-	8-5-102 and to SHALL promulgate rules as necessary for this purpose;
	99	+	ACANCY" MEANS AN OPEN POSITION , WHETHER AS A7
	100	+	RESULT OF A NEWLY CREATED POSITION OR A VACATED POSITION .8
	101	+	SECTION 2. In Colorado Revised Statutes, 8-5-103, amend (1)9
	102	+	and (3) as follows:10
	103	+	8-5-103. Enforcement - rules - complaints. (1) (a) The director11
	104	+	is authorized to
	105	+	SHALL:12
	106	+	(I) Create and administer a process to accept and mediate13
	107	+	complaints and to provide legal resources concerning alleged violations14
	108	+	of section 8-5-102 and to SHALL promulgate rules as necessary for this15
	109	+	purpose;16
64	110		(II) O
65	111		N OR BEFORE JULY 1, 2024, CREATE AND ADMINISTER A
66		-	PROCESS TO MEDIATE COMPLAINTS REGARDING ALLEGED VIOLATIONS OF
67		-	SECTION
68		-	8-5-102 AND PROMULGATE RULES AS NECESSARY FOR THIS
69		-	PURPOSE
70		-	;
71		-	(III) I
72		-	NVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING
73		-	EMPLOYER VIOLATIONS OF SECTION
74		-	8-5-102, EXCEPT IF THE COMPLAINT
75		-	CONCERNS THE STATE OF
76		-	COLORADO AS THE EMPLOYER , THAT, IN THE
77		-	DIRECTOR
78		-	'S GOOD FAITH DISCRETION AND JUDGMENT , WARRANT
79		-	PAGE 2-SENATE BILL 23-105 INVESTIGATION;
80		-	(IV) U
81		-	PON FINDING OF A VIOLATION OF SECTION 8-5-102, ORDER
82		-	COMPLIANCE AND RELIEF AS AUTHORIZED BY THIS PART
83		-	1; AND
84		-	(V) PROMULGATE RULES TO ENFORCE THIS ARTICLE 5.
	112	+	17
	113	+	PROCESS TO MEDIATE COMPLAINTS REGARDING ALLEGED VIOLATIONS OF18
	114	+	SECTION 8-5-102 AND PROMULGATE RULES AS NECESSARY FOR THIS19
	115	+	PURPOSE;20
	116	+	(III) INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING21
	117	+	EMPLOYER VIOLATIONS OF SECTION 8-5-102, EXCEPT IF THE COMPLAINT22
	118	+	CONCERNS THE STATE OF COLORADO AS THE EMPLOYER , THAT, IN THE23
	119	+	DIRECTOR'S GOOD FAITH DISCRETION AND JUDGMENT , WARRANT24
	120	+	INVESTIGATION;25
	121	+	(IV) UPON FINDING OF A VIOLATION OF SECTION 8-5-102, ORDER26
	122	+	COMPLIANCE AND RELIEF AS AUTHORIZED BY THIS PART 1; AND27
	123	+	105
	124	+	-3- (V) PROMULGATE RULES TO ENFORCE THIS ARTICLE 5.1
85	125		(b) F
86		-	OR THE PURPOSE OF INVESTIGATING A VIOLATION OF THIS PART
87		-	1, THE DIRECTOR MAY APPLY THE INFORMATION -GATHERING PROVISIONS OF
88		-	ARTICLE
89		-	1 OF THIS TITLE 8 TO AN EMPLOYER, EMPLOYEE, OR OTHER PERSON.
90		-	(c) The process created and administered by the director,
91		-	INCLUDING
92		-	THE RULES FOR THE INVESTIGATION OF ALLEGED COMPLAINTS FOR
93		-	VIOLATIONS OF SECTION
94		-	8-5-102 AND ANY FINES LEVIED OR CORRECTIVE
95		-	ACTION TAKEN BY THE DIRECTOR
96		-	, does not affect or prevent the right of an
97		-	aggrieved person from commencing a civil action pursuant to subsection (2)
98		-	of this section.
99		-	(3) A person aggrieved by a violation of section 8-5-102 may obtain
100		-	relief for back pay for the entire time the violation continues, not to exceed
101		-	three
102		-	SIX years.
103		-	SECTION 3. In Colorado Revised Statutes, amend 8-5-201 as
104		-	follows:
105		-	8-5-201. Employment opportunities - job opportunities or
106		-	advancement - pay rates in job listings - rules. (1) An employer shall
107		-	make reasonable efforts to announce, post, or otherwise make known all
108		-	opportunities for promotion EACH JOB OPPORTUNITY to all current
109		-	employees on the same calendar day and prior to making a promotion
110		-	decision THE DATE ON WHICH THE EMPLOYER MAKES A SELECTION DECISION ;
111		-	EXCEPT THAT, IF AN EMPLOYER IS ONLY PHYSICALLY LOCATED OUTSIDE OF
112		-	COLORADO AND HAS FEWER THAN FIFTEEN EMPLOYEES WORKING IN
113		-	COLORADO, ALL OF WHOM WORK ONLY REMOTELY , THEN, THROUGH JULY 1,
114		-	2029,
115		-	THE EMPLOYER IS ONLY REQUIRED TO PROVIDE NOTICE OF REMOTE JOB
116		-	OPPORTUNITIES
117		-	. THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
118		-	PROMULGATE RULES FOR TEMPORARY
119		-	, INTERIM, OR ACTING JOB
120		-	OPPORTUNITIES THAT NECESSITATE IMMEDIATE HIRE
121		-	.
	126	+	OR THE PURPOSE OF INVESTIGATING A VIOLATION OF THIS2
	127	+	PART 1, THE DIRECTOR MAY APPLY THE INFORMATION -GATHERING3
	128	+	PROVISIONS OF ARTICLE 1 OF THIS TITLE 8
	129	+	TO AN EMPLOYER, EMPLOYEE,4
	130	+	OR OTHER PERSON.5
	131	+	(c) The process created and administered by the director,6
	132	+	INCLUDING THE RULES FOR THE INVESTIGATION OF ALLEGED COMPLAINTS7
	133	+	FOR VIOLATIONS OF SECTION 8-5-102 AND ANY FINES LEVIED OR8
	134	+	CORRECTIVE ACTION TAKEN BY THE DIRECTOR , does not affect or prevent9
	135	+	the right of an aggrieved person from commencing a civil action pursuant10
	136	+	to subsection (2) of this section.11
	137	+	(3) A person aggrieved by a violation of section 8-5-102 may12
	138	+	obtain relief for back pay for the entire time the violation continues, not13
	139	+	to exceed three
	140	+	SIX years.14
	141	+	SECTION 3. In Colorado Revised Statutes, amend 8-5-201 as15
	142	+	follows:16
	143	+	8-5-201. Employment opportunities - job opportunities or17
	144	+	advancement - pay rates in job listings - rules. (1) An employer18
	145	+	shall make reasonable efforts to announce, post, or otherwise make19
	146	+	known all opportunities for promotion EACH JOB OPPORTUNITY to all20
	147	+	current employees on the same calendar day and prior to making a21
	148	+	promotion decision THE DATE ON WHICH THE EMPLOYER MAKES A22
	149	+	SELECTION DECISION; EXCEPT THAT, IF AN EMPLOYER IS ONLY PHYSICALLY23
	150	+	LOCATED OUTSIDE OF COLORADO AND HAS FEWER THAN FIFTEEN24
	151	+	EMPLOYEES WORKING IN COLORADO, ALL OF WHOM WORK ONLY25
	152	+	REMOTELY, THEN, THROUGH JULY 1, 2029, THE EMPLOYER IS ONLY26
	153	+	REQUIRED TO PROVIDE NOTICE OF REMOTE JOB OPPORTUNITIES . THE27
	154	+	105
	155	+	-4- DEPARTMENT OF LABOR AND EMPLOYMENT SHALL PROMULGATE RULES1
	156	+	FOR TEMPORARY, INTERIM, OR ACTING JOB OPPORTUNITIES THAT2
	157	+	NECESSITATE IMMEDIATE HIRE.3
122	158		(2) A
123		-	N EMPLOYER MUST IN GOOD FAITH DISCLOSE THE FOLLOWING
124		-	PAGE 3-SENATE BILL 23-105 IN THE NOTIFICATION OF EACH JOB OPPORTUNITY :
	159	+	N
	160	+	EMPLOYER MUST IN GOOD FAITH DISCLOSE THE FOLLOWING4
	161	+	IN THE NOTIFICATION OF EACH JOB OPPORTUNITY :5
	162	+	(a) THE HOURLY OR SALARY COMPENSATION OR THE R ANGE OF THE6
	163	+	HOURLY OR SALARY COMPENSATION ;7
	164	+	(b) A GENERAL DESCRIPTION OF THE BENEFITS AND OTHER8
	165	+	COMPENSATION APPLICABLE TO THE JOB OPPORTUNITY ; AND9
	166	+	(c) T
	167	+	HE DATE THE APPLICATION WINDOW IS ANTICIPATED TO
	168	+	10
	169	+	CLOSE.11
	170	+	12
	171	+	(2) (3) An employer shall disclose in each posting for each job13
	172	+	opening the hourly or salary compensation, or a range of the hourly or14
	173	+	salary compensation, and a general description of all of the benefits and15
	174	+	other compensation to be offered to the hired applicant. MAKE16
	175	+	REASONABLE EFFORTS TO ANNOUNCE , POST, OR OTHERWISE MAKE KNOWN,17
	176	+	WITHIN THIRTY CALENDAR DAYS AFTER A CANDIDATE WHO IS SELECTED18
	177	+	TO FILL A JOB OPPORTUNITY BEGINS WORKING IN THE POSITION, THE19
	178	+	FOLLOWING INFORMATION TO , AT A MINIMUM, THE EMPLOYEES WITH20
	179	+	WHOM THE EMPLOYER INTENDS THE SELECTED CANDIDATE TO WORK WITH21
	180	+	REGULARLY:22
125	181		(a) T
126		-	HE HOURLY OR SALARY COMPENSATION OR THE RANGE OF THE
127		-	HOURLY OR SALARY COMPENSATION
128		-	;
129		-	(b) A
130		-	GENERAL DESCRIPTION OF THE BENEFITS AND OTHER
131		-	COMPENSATION APPLICABLE TO THE JOB OPPORTUNITY
132		-	; AND
133		-	(c) THE DATE THE APPLICATION WINDOW IS ANTICIPATED TO CLOSE .
134		-	(2)
135		-	(3) An employer shall disclose in each posting for each job
136		-	opening the hourly or salary compensation, or a range of the hourly or
137		-	salary compensation, and a general description of all of the benefits and
138		-	other compensation to be offered to the hired applicant. MAKE REASONABLE
139		-	EFFORTS TO ANNOUNCE
140		-	, POST, OR OTHERWISE MAKE KNOWN, WITHIN THIRTY
141		-	CALENDAR DAYS AFTER A CANDIDATE WHO IS SELECTED TO FILL A JOB
142		-	OPPORTUNITY BEGINS WORKING IN THE POSITION
143		-	, THE FOLLOWING
144		-	INFORMATION TO
145		-	, AT A MINIMUM, THE EMPLOYEES WITH WHOM THE
146		-	EMPLOYER INTENDS THE SELECTED CANDIDATE TO WORK WITH REGULARLY
147		-	:
148		-	(a) T
149		-	HE NAME OF THE CANDIDATE SELECTED FOR THE JOB
150		-	OPPORTUNITY
151		-	;
	182	+	HE NAME OF THE CANDIDATE SELECTED FOR THE JOB23
	183	+	OPPORTUNITY;
	184	+	24
152	185		(b) T
153		-	HE SELECTED CANDIDATE'S FORMER JOB TITLE IF SELECTED
154		-	WHILE ALREADY EMPLOYED BY THE EMPLOYER
155		-	;
	186	+	HE SELECTED CANDIDATE'S FORMER JOB TITLE IF SELECTED25
	187	+	WHILE ALREADY EMPLOYED BY THE EMPLOYER ;26
156	188		(c) T
157		-	HE SELECTED CANDIDATE'S NEW JOB TITLE; AND
158		-	(d) INFORMATION ON HOW EMPLOYEES MAY DEMONSTRATE INTEREST
159		-	IN SIMILAR JOB OPPORTUNITIES IN THE FUTURE
160		-	, INCLUDING IDENTIFYING
161		-	INDIVIDUALS OR DEPARTMENTS TO WHOM THE EMPLOYEES CAN EXPRESS
162		-	INTEREST IN SIMILAR JOB OPPORTUNITIES
163		-	.
164		-	(4) F
165		-	OR POSITIONS WITH CAREER PROGRESSION, AN EMPLOYER SHALL
166		-	DISCLOSE AND MAKE AVAILABLE TO ALL ELIGIBLE EMPLOYEES THE
167		-	REQUIREMENTS FOR CAREER PROGRESSION
168		-	, IN ADDITION TO EACH POSITION'S
169		-	TERMS OF COMPENSATION
170		-	, BENEFITS, FULL-TIME OR PART-TIME STATUS,
171		-	DUTIES, AND ACCESS TO FURTHER ADVANCEMENT .
172		-	(5) N
173		-	OTHING IN THIS SECTION REQUIRES AN EMPLOYER TO IDENTIFY
174		-	PAGE 4-SENATE BILL 23-105 A SELECTED CANDIDATE FOR A JOB OPPORTUNITY IN ANY MANNER THAT
175		-	VIOLATES THE CANDIDATE
176		-	'S PRIVACY RIGHTS UNDER APPLICABLE LOCAL ,
177		-	STATE, OR FEDERAL LAW OR IN A MANNER THAT WOULD PLACE AT RISK THE
178		-	SELECTED CANDIDATE
179		-	'S HEALTH OR SAFETY.
180		-	SECTION 4. Appropriation. (1) For the 2023-24 state fiscal year,
181		-	$292,590 is appropriated to the department of labor and employment. This
182		-	appropriation is from the general fund. To implement this act, the
183		-	department may use this appropriation as follows:
184		-	(a) $250,294 for use by division of labor standards and statistics for
185		-	program costs related to labor standards, which amount is based on an
186		-	assumption that the department will require an additional 2.1 FTE; and
187		-	(b) $42,296 for the purchase of legal services.
188		-	(2) For the 2023-24 state fiscal year, $42,296 is appropriated to the
189		-	department of law. This appropriation is from reappropriated funds received
190		-	from the department of labor and employment under subsection (1)(b) of
191		-	this section and is based on an assumption that the department of law will
192		-	require an additional 0.2 FTE. To implement this act, the department of law
193		-	may use this appropriation to provide legal services for the department of
194		-	labor and employment.
195		-	(3) For the 2023-24 state fiscal year, $119,848 is appropriated to the
196		-	department of personnel for use by the division of human resources. This
197		-	appropriation is from the general fund. To implement this act, the
198		-	department may use this appropriation as follows:
199		-	(a) $97,813 for personal services related to state agency services,
200		-	which amount is based on an assumption that the department will require
201		-	an additional 1.2 FTE; and
202		-	(b) $22,035 for operating expenses related to state agency services.
203		-	SECTION 5. Act subject to petition - effective date -
204		-	applicability. (1) This act takes effect January 1, 2024; except that, if a
205		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
206		-	constitution against this act or an item, section, or part of this act within the
207		-	ninety-day period after final adjournment of the general assembly, then the
208		-	PAGE 5-SENATE BILL 23-105 act, item, section, or part will not take effect unless approved by the people
209		-	at the general election to be held in November 2024 and, in such case, will
210		-	take effect on the date of the official declaration of the vote thereon by the
211		-	governor.
212		-	(2) Section 8-5-201, Colorado Revised Statutes, as amended in
213		-	section 3 of this act, applies to job opportunities, career progressions, and
214		-	career developments that take place on or after the applicable effective date
215		-	of this act.
216		-	____________________________ ____________________________
217		-	Steve Fenberg
218		-	Julie McCluskie
219		-	PRESIDENT OF SPEAKER OF THE HOUSE
220		-	THE SENATE OF REPRESENTATIVES
221		-	____________________________ ____________________________
222		-	Cindi L. Markwell Robin Jones
223		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
224		-	THE SENATE OF REPRESENTATIVES
225		-	APPROVED________________________________________
226		-	(Date and Time)
227		-	_________________________________________
228		-	Jared S. Polis
229		-	GOVERNOR OF THE STATE OF COLORADO
230		-	PAGE 6-SENATE BILL 23-105
	189	+	HE SELECTED CANDIDATE'S NEW JOB TITLE; AND27
	190	+	105
	191	+	-5- (d) INFORMATION ON HOW EMPLOYEES MAY DEMONSTRATE1
	192	+	INTEREST IN SIMILAR JOB OPPORTUNITIES IN THE FUTURE, INCLUDING2
	193	+	IDENTIFYING INDIVIDUALS OR DEPARTMENTS TO WHOM THE EMPLOYEES3
	194	+	CAN EXPRESS INTEREST IN SIMILAR JOB OPPORTUNITIES .4
	195	+	(4) FOR POSITIONS WITH CAREER PROGRESSION , AN EMPLOYER5
	196	+	SHALL DISCLOSE AND MAKE AVAILABLE TO ALL ELIGIBLE EMPLOYEES THE6
	197	+	REQUIREMENTS FOR CAREER PROGRESSION , IN ADDITION TO EACH7
	198	+	POSITION'S TERMS OF COMPENSATION, BENEFITS, FULL-TIME OR PART-TIME8
	199	+	STATUS, DUTIES, AND ACCESS TO FURTHER ADVANCEMENT .9
	200	+	(5) NOTHING IN THIS SECTION REQUIRES AN EMPLOYER TO10
	201	+	IDENTIFY A SELECTED CANDIDATE FOR A JOB OPPORTUNITY IN ANY11
	202	+	MANNER THAT VIOLATES THE CANDIDATE 'S PRIVACY RIGHTS UNDER12
	203	+	APPLICABLE LOCAL, STATE, OR FEDERAL LAW OR IN A MANNER THAT13
	204	+	WOULD PLACE AT RISK THE SELECTED CANDIDATE 'S HEALTH OR SAFETY.14
	205	+	SECTION 4. Appropriation. (1) For the 2023-24 state fiscal15
	206	+	year, $292,590 is appropriated to the department of labor and16
	207	+	employment. This appropriation is from the general fund. To implement17
	208	+	this act, the department may use this appropriation as follows:18
	209	+	(a) $250,294 for use by division of labor standards and statistics19
	210	+	for program costs related to labor standards, which amount is based on an20
	211	+	assumption that the department will require an additional 2.1 FTE; and21
	212	+	(b) $42,296 for the purchase of legal services.22
	213	+	(2) For the 2023-24 state fiscal year, $42,296 is appropriated to23
	214	+	the department of law. This appropriation is from reappropriated funds24
	215	+	received from the department of labor and employment under subsection25
	216	+	(1)(b) of this section and is based on an assumption that the department26
	217	+	of law will require an additional 0.2 FTE. To implement this act, the27
	218	+	105
	219	+	-6- department of law may use this appropriation to provide legal services for1
	220	+	the department of labor and employment.2
	221	+	(3) For the 2023-24 state fiscal year, $119,848 is appropriated to3
	222	+	the department of personnel for use by the division of human resources.4
	223	+	This appropriation is from the general fund. To implement this act, the5
	224	+	department may use this appropriation as follows:6
	225	+	(a) $97,813 for personal services related to state agency services,7
	226	+	which amount is based on an assumption that the department will require8
	227	+	an additional 1.2 FTE; and9
	228	+	(b) $22,035 for operating expenses related to state agency10
	229	+	services.11
	230	+	SECTION 5. Act subject to petition - effective date -12
	231	+	applicability. (1) This act takes effect January 1, 2024; except that, if a13
	232	+	referendum petition is filed pursuant to section 1 (3) of article V of the14
	233	+	state constitution against this act or an item, section, or part of this act15
	234	+	within the ninety-day period after final adjournment of the general16
	235	+	assembly, then the act, item, section, or part will not take effect unless17
	236	+	approved by the people at the general election to be held in November18
	237	+	2024 and, in such case, will take effect on the date of the official19
	238	+	declaration of the vote thereon by the governor.20
	239	+	(2) Section 8-5-201, Colorado Revised Statutes, as amended in21
	240	+	section 3 of this act, applies to job opportunities, career progressions, and22
	241	+	career developments that take place on or after the applicable effective23
	242	+	date of this act.24
	243	+	105
	244	+	-7-