First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0483.02 Jessica Herrera x4218
SENATE BILL 23-111
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
C
ONCERNING PUBLIC EMPLOYEES ' WORKPLACE PROTECTION .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The "National Labor Relations Act" does not apply to federal,
state, or local governments and the "Colorado Labor Peace Act" excludes
governmental entities, with an exception for mass transportation systems,
leaving public employees without the protection afforded by these labor
laws. The bill grants certain public employees, including individuals
employed by counties, municipalities, fire authorities, school districts,
public colleges and universities, library districts, special districts, public
defender's offices, the university of Colorado hospital authority, the
SENATE SPONSORSHIP
Rodriguez,
HOUSE SPONSORSHIP
Woodrow,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Denver health and hospital authority, the general assembly, and a board
of cooperative services, the right to:
! Discuss or express views regarding public employee
representation or workplace issues;
! Engage in protected, concerted activity for the purpose of
mutual aid or protection;
! Fully participate in the political process while off duty and
not in uniform, including speaking with members of the
public employer's governing body on terms and conditions
of employment and any matter of public concern and
engaging in other political activities in the same manner as
other citizens of Colorado without discrimination,
intimidation, or retaliation; and
! Organize, form, join, or assist an employee organization or
refrain from organizing, forming, joining, or assisting an
employee organization.
The bill also prohibits certain public employers from
discriminating against, coercing, intimidating, interfering with, or
imposing reprisals against a public employee for engaging in any of the
rights granted.
The Colorado department of labor and employment (department)
is charged with enforcing any alleged violation of these rights and is
granted rule-making authority. A party may appeal the department's final
decision to the Colorado court of appeals. The bill requires the court of
appeals to give deference to the department.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 32 to title2
29 as follows:3
ARTICLE 324
Protections For Public Workers5
29-32-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 32 IS6
THE "PROTECTIONS FOR PUBLIC WORKERS ACT".7
29-32-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
HEREBY DECLARES THAT PUBLIC EMPLOYEES ARE THE BACKBONE OF THE9
STATE AND ENSURE THAT COLORADANS HAVE ACCESS TO STRONG PUBLIC10
SERVICES. HOWEVER, BECAUSE PUBLIC EMPLOYEES ARE EXEMPT FROM11
SB23-111-2- PROTECTIONS AFFORDED BY THE "NATIONAL LABOR RELATIONS ACT"1
AND THE "COLORADO LABOR PEACE ACT", WHEN THEY SPEAK OUT ON2
ISSUES IN THEIR WORKPLACE OR COME TOGETHER WITH THEIR COWORKERS3
TO IMPROVE THEIR WORKING CONDITIONS , THEY CAN BE DISCIPLINED AND4
TERMINATED. THE GENERAL ASSEMBLY FURTHER DECLARES THAT PUBLIC5
EMPLOYEES SHOULD HAVE THE FOLLOWING RIGHTS AND SHOULD BE6
PROTECTED FROM RETALIATION , INCLUDING DISCIPLINE OR TERMINATION,7
IF THEY CHOOSE TO EXERCISE THESE RIGHTS:8
(a) T
O SPEAK OUT ON ISSUES OF PUBLIC CONCERN AND FULLY9
ENGAGE IN THE POLITICAL PROCESS OUTSIDE OF WORK IN THE SAME10
MANNER AS OTHER CITIZENS OF COLORADO;11
(b) T
O SPEAK OUT ABOUT CONCERNS WITH THE TERMS AND12
CONDITIONS OF THEIR EMPLOYMENT ;13
(c) T
O ENGAGE IN PROTECTED CONCERTED ACTIVITY FOR THE14
PURPOSE OF MUTUAL AID OR PROTECTION ;15
(d) T
O ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE16
ORGANIZATION OR TO REFRAIN FROM DOING SO ; AND17
(e) T
O PURSUE AN EMPLOYEE ORGANIZATION WITH THEIR18
COWORKERS WITHOUT INTERFERENCE .19
29-32-103. Definitions. A
S USED IN THIS ARTICLE 32, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "C
OUNTY" MEANS ONLY:22
(a) A
CITY AND COUNTY; AND23
(b) A
COUNTY WITH A POPULATION OF LESS THAN SEVEN24
THOUSAND FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF25
THE MOST RECENT UNITED STATES DECENNIAL CENSUS.26
(2) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND27
SB23-111
-3- STATISTICS WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT .1
(3) "E
MPLOYEE ORGANIZATION " MEANS AN ORGANIZATION IN2
WHICH PUBLIC EMPLOYEES MAY PARTICIPATE AND THAT EXISTS FOR THE3
PURPOSE, IN WHOLE OR IN PART, OF ACTING ON BEHALF OF AND FOR THE4
BENEFIT OF THE PUBLIC EMPLOYEES CONCERNING PUBLIC EMPLOYEE5
GRIEVANCES, LABOR DISPUTES, WAGES, HOURS, AND OTHER TERMS AND6
CONDITIONS OF EMPLOYMENT. "EMPLOYEE ORGANIZATION" INCLUDES ANY7
AGENTS OR REPRESENTATIVES OF THE EMPLOYEE ORGANIZATION8
DESIGNATED BY THE EMPLOYEE ORGANIZATION .9
(4) "G
OVERNING BODY" MEANS THE ELECTED OR APPOINTED10
REPRESENTATIVE BODY OF A PUBLIC EMPLOYER .11
(5) "P
UBLIC EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY A12
PUBLIC EMPLOYER.13
(6) (a) "P
UBLIC EMPLOYER" MEANS:14
(I) A
COUNTY OR A MUNICIPALITY;15
(II) A
DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL16
DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER17
POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY;18
(III) T
HE COLORADO SCHOOL FOR THE DEAF AND THE BLIND ,19
ESTABLISHED IN ARTICLE 80 OF TITLE 22;20
(IV) A
STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN21
SECTION 23-18-102 (10)(a), AND A LOCAL DISTRICT COLLEGE OPERATING22
PURSUANT TO ARTICLE 71 OF TITLE 23;23
(V) T
HE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION24
21-1-101;25
(VI) T
HE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY26
CREATED IN SECTION 23-21-503;27
SB23-111
-4- (VII) THE DENVER HEALTH AND HOSPITAL AUTHORITY CREATED1
IN SECTION 25-29-103;2
(VIII) T
HE JOINT BUDGET COMMITTEE STAFF , THE LEGISLATIVE3
COUNCIL STAFF, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE STAFF4
OF THE OFFICE OF THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES ,5
AND THE SENATE SERVICES STAFF;6
(IX) T
HE MAJORITY AND MINORITY CAUCUS STAFF OF THE HOUSE7
OF REPRESENTATIVES AND THE SENATE ; OR8
(X) A
BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT9
TO THE "BOARDS OF COOPERATIVE SERVICES ACT OF 1965", ARTICLE 5 OF10
TITLE 22.11
(b) "P
UBLIC EMPLOYER" DOES NOT INCLUDE THE STATE OR ANY12
POLITICAL SUBDIVISION OF THE STATE WHERE THE STATE OR POLITICAL13
SUBDIVISION OF THE STATE ACQUIRES OR OPERATES A MASS14
TRANSPORTATION SYSTEM , OR ANY CARRIER BY RAILROAD , EXPRESS15
COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO THE FEDERAL16
"R
AILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS AMENDED.17
(7) "U
NFAIR LABOR PRACTICE" MEANS A VIOLATION OF THE RIGHTS18
OR OBLIGATIONS DESCRIBED IN THIS ARTICLE 32.19
29-32-104. Protections for public workers. (1) A
PUBLIC20
EMPLOYEE HAS THE RIGHT TO:21
(a) D
ISCUSS OR EXPRESS THE PUBLIC EMPLOYEE 'S VIEWS22
REGARDING PUBLIC EMPLOYEE REPRESENTATION , WORKPLACE ISSUES, OR23
THE RIGHTS GRANTED TO THE PUBLIC EMPLOYEE IN THIS ARTICLE 32;24
(b) E
NGAGE IN PROTECTED , CONCERTED ACTIVITY FOR THE25
PURPOSE OF MUTUAL AID OR PROTECTION ;26
(c) F
ULLY PARTICIPATE IN THE POLITICAL PROCESS WHILE OFF27
SB23-111
-5- DUTY AND NOT IN UNIFORM, INCLUDING:1
(I) S
PEAKING WITH MEMBERS OF THE PUBLIC EMPLOYER 'S2
GOVERNING BODY ON TERMS AND CONDITIONS OF EMPLOYMENT AND ANY3
MATTER OF PUBLIC CONCERN; AND4
(II) E
NGAGING IN OTHER POLITICAL ACTIVITIES IN THE SAME5
MANNER AS OTHER CITIZENS OF COLORADO, WITHOUT DISCRIMINATION,6
INTIMIDATION, OR RETALIATION; AND7
(d) O
RGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE8
ORGANIZATION OR REFRAIN FROM OR GANIZING , FORMING, JOINING, OR9
ASSISTING AN EMPLOYEE ORGANIZATION .10
(2) A
PUBLIC EMPLOYER SHALL NOT:11
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE12
WITH, OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE13
AGAINST, COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS14
AGAINST, ANY PUBLIC EMPLOYEE FOR ENGAGING IN ANY OF THE RIGHTS15
DESCRIBED IN THIS ARTICLE 32;16
(b) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN17
EMPLOYEE ORGANIZATION ; OR18
(c) D
ISCHARGE OR DISCRIMINATE AGAINST A PUBLIC EMPLOYEE19
BECAUSE THE PUBLIC EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR20
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO21
THIS ARTICLE 32, OR BECAUSE THE PUBLIC EMPLOYEE HAS FORMED ,22
JOINED, ASSISTED, OR CHOSEN TO BE REPRESENTED BY AN EMPLOYEE23
ORGANIZATION.24
29-32-105. Enforcement - rules. (1) A
N AGGRIEVED PARTY IS25
BARRED FROM FILING A CLAIM THAT ALLEGES THAT A PUBLIC EMPLOYER26
HAS VIOLATED THIS ARTICLE 32 UNLESS THE CLAIM IS FILED WITHIN SIX27
SB23-111
-6- MONTHS AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR1
REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .2
(2) T
HE DIVISION SHALL ENFORCE THE RIGHTS AND OBLIGATIONS3
OF THIS ARTICLE 32 AND SHALL PROMULGATE RULES AS MAY BE4
NECESSARY FOR SUCH ENFORCEMENT . THE DIVISION SHALL PROMULGATE5
SUCH RULES WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE6
DATE OF THIS ARTICLE 32.7
(3) T
HE DIVISION HAS THE AUTHORITY TO ADJUDICATE UNFAIR8
LABOR PRACTICE CHARGES AND ISSUE DECISIONS PURSUANT TO ARTICLE9
3
OF TITLE 8.10
(4) A
PARTY MAY APPEAL THE DIVISION'S FINAL DECISION TO THE11
C
OLORADO COURT OF APPEALS AND THE COURT 'S REVIEW MUST BE12
LIMITED TO DETERMINING WHETHER THE DIVISION HAS EXCEEDED ITS13
JURISDICTION OR ABUSED ITS DISCRETION BASED ON THE EVIDENCE IN THE14
RECORD BEFORE THE DIVISION.15
(5) T
HE COURT OF APPEALS SHALL UPHOLD THE ACTION OF THE16
DIVISION AND TAKE APPROPRIATE STEPS TO ENFORCE THE ACTION UNLESS17
THE COURT CONCLUDES THAT THE FINAL DECISION IS :18
(a) A
RBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION; OR19
(b) O
THERWISE NOT IN ACCORDANCE WITH LAW .20
(6) T
HE DIVISION MAY ENFORCE PROVISIONS OF THIS ARTICLE 3221
THROUGH THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE REMEDIES ,22
INCLUDING REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A PUBLIC23
EMPLOYEE OR GROUP OF PUBLIC EMPLOYEES FROM UNLAWFUL CONDUCT .24
29-32-106. Exemptions. (1) T
HE STATE BOARD OF EDUCATION25
SHALL NOT WAIVE THIS ARTICLE 32 OR ANY PROVISION OF THIS ARTICLE 3226
AS IT PERTAINS TO AN INNOVATION SCHOOL OR INNOVATION SCHOOL ZONE27
SB23-111
-7- OF A SCHOOL DISTRICT OF INNOVATION PURSUANT TO SECTION1
22-32.5-108.2
(2) T
HE STATE BOARD OF EDUCATION SHALL NOT :3
(a) I
NCLUDE ANY PROVISION OF THIS ARTICLE 32 ON THE LIST OF4
AUTOMATIC WAIVERS CREATED PURSUANT TO SECTION 22-30.5-104 (6)(b);5
OR6
(b) G
RANT A WAIVER OF ANY PROVISION OF THIS ARTICLE 32 TO A7
CHARTER SCHOOL OR A SCHOOL DISTRICT ACTING ON BEHALF OF A8
CHARTER SCHOOL PURSUANT TO SECTION 22-30.5-104 (6)(c).9
(3) A
SCHOOL DISTRICT, ON BEHALF OF A CHARTER SCHOOL, SHALL10
NOT APPLY TO THE STATE BOARD OF EDUCATION FOR A WAIVER OF ANY11
PROVISION OF THIS ARTICLE 32 PURSUANT TO SECTION 22-30.5-104 (6)(c).12
(4) T
HE STATE BOARD OF EDUCATION SHALL NOT WAIVE ANY OF13
THE REQUIREMENTS OR PROVISIONS OF THIS ARTICLE 32.14
SECTION 2. In Colorado Revised Statutes, add 29-5-215 as15
follows:16
29-5-215. Protect public workers. O
N AND AFTER THE EFFECTIVE17
DATE OF ARTICLE 32 OF THIS TITLE 29, FIREFIGHTERS SHALL HAVE ALL THE18
RIGHTS AND PROTECTIONS ENUMERATED UNDER ARTICLE 32 OF THIS TITLE19
29.20
SECTION 3. In Colorado Revised Statutes, 22-2-117 amend21
(1)(b)(IX), (1)(b)(X), and (1.5); and add (1)(b)(XI) as follows:22
22-2-117. Additional power - state board - waiver of23
requirements - rules. (1) (b) The state board shall not waive any of the24
requirements specified in any of the following statutory provisions:25
(IX) Any provisions of section 22-1-128 relating to26
comprehensive human sexuality education content requirements; or
27
SB23-111
-8- (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),1
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)2
relating to discrimination based on hair texture, hair type, or a protective3
hairstyle that is commonly or historically associated with race;
OR4
(XI) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.5
(1.5) Notwithstanding any provision of this section or any other6
provision of law, the state board shall not waive requirements contained7
in article 11 of this title or
TITLE 22; sections 22-7-1006.3, 22-32-105,8
22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and9
22-33-104 (4);
OR ANY PROVISION OF ARTICLE 32 OF TITLE 29.10
SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend11
(6)(b)(II.5), (6)(b)(III), (6)(c)(VIII), and (6)(c)(IX); and add (6)(b)(IV)12
and (6)(c)(X) as follows:13
22-30.5-104. Charter school - requirements - authority - rules14
- definitions. (6) (b) The state board shall promulgate rules that list the15
automatic waivers for all charter schools. In promulgating the list of16
automatic waivers, the state board shall consider the overall impact and17
complexity of the requirements specified in the statute and the potential18
consequences that waiving the statute may have on the practices of a19
charter school. In accordance with its rule-making authority, the state20
board may review the list of automatic waivers at its discretion.21
Notwithstanding any provision of this subsection (6)(b) to the contrary,22
the state board shall not include the following statutes on the list of23
automatic waivers:24
(II.5) Section 22-32-110 (1)(y), concerning the power to accept25
and expend gifts, donations, or grants; and
26
(III) Part 2 of article 63 of this title 22, concerning the27
SB23-111
-9- employment of licensed personnel; AND1
(IV) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.2
(c) A school district, on behalf of a charter school, may apply to3
the state board for a waiver of a state statute or state rule that is not an4
automatic waiver. Notwithstanding any provision of this subsection (6)5
to the contrary, the state board may not waive any statute or rule relating6
to:7
(VIII) Section 22-33-106.1 concerning suspension and expulsion8
of students in preschool through second grade; or
9
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)10
and 22-63-206 (1) relating to discrimination based on hair texture, hair11
type, or a protective hairstyle that is commonly or historically associated12
with race;
OR13
(X) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.14
SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend15
(7)(a)(II.5), (7)(a)(III), (7)(b)(VIII), and (7)(b)(IX); and add (7)(a)(IV)16
and (7)(b)(X) as follows:17
22-30.5-507. Institute charter school - requirements -18
authority - rules - definitions. (7) (a) Pursuant to the charter contract,19
an institute charter school may operate free from specified statutes and20
state board rules. The state board shall promulgate rules that list the21
automatic waivers for all charter schools, including institute charter22
schools. In promulgating the list of automatic waivers, the state board23
shall consider the overall impact and complexity of the requirements24
specified in the statute and the potential consequences that waiving the25
statute may have on the practices of a charter school, including an26
institute charter school. In accordance with its rule-making authority, the27
SB23-111
-10- state board may review the list of automatic waivers at its discretion.1
Notwithstanding any provision of this subsection (7)(a) to the contrary,2
the state board shall not include the following statutes on the list of3
automatic waivers:4
(II.5) Section 22-32-110 (1)(y), concerning the power to accept5
and expend gifts, donations, or grants; and6
(III) Part 2 of article 63 of this title 22, concerning the7
employment of licensed personnel;
AND8
(IV) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.9
(b) An institute charter school may apply to the state board,10
through the institute, for a waiver of state statutes and state rules that are11
not automatic waivers. The state board may waive state statutory12
requirements or rules promulgated by the state board; except that the state13
board may not waive any statute or rule relating to:14
(VIII) Section 22-33-106.1 concerning suspension and expulsion15
of students in preschool through second grade; or
16
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)17
and 22-63-206 (1) relating to discrimination based on hair texture, hair18
type, or a protective hairstyle that is commonly or historically associated19
with race;
OR20
(X) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.21
SECTION 6. In Colorado Revised Statutes, 22-32.5-108, amend22
(1)(b) and (1)(c); and add (1)(d) as follows:23
22-32.5-108. District of innovation - waiver of statutory and24
regulatory requirements. (1) Upon designation of a district of25
innovation, the state board shall waive any statutes or rules specified in26
the school district's innovation plan as they pertain to the innovation27
SB23-111
-11- schools or innovation school zones of the district of innovation; except1
that the state board shall not waive:2
(b) Any provision of article 64 of this title; or TITLE 22;3
(c) Any statutes that are not included in this title TITLE 22,4
including but not limited to article 51 of title 24; C.R.S. OR5
(d) A
NY PROVISION OF ARTICLE 32 OF TITLE 29.6
SECTION 7. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2024 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
SB23-111
-12-