First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0483.02 Jessica Herrera x4218
SENATE BILL 23-111
Senate Committees House Committees
Local Government & Housing State, Civic, Military, & Veterans Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING PUBLIC EMPLOYEES ' WORKPLACE PROTECTION FROM
101
EMPLOYER RETALIATION, AND, IN CONNECTION THEREWITH ,102
MAKING AN APPROPRIATION .103
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
HOUSE
Amended 2nd Reading
April 28, 2023
SENATE
3rd Reading Unamended
April 17, 2023
SENATE
Amended 2nd Reading
April 14, 2023
SENATE SPONSORSHIP
Rodriguez, Exum, Gonzales, Jaquez Lewis, Kolker, Marchman, Moreno, Priola, Sullivan,
Winter F.
HOUSE SPONSORSHIP
Woodrow and Titone,
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. 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
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
111-2- STATE AND ENSURE THAT COLORADANS HAVE ACCESS TO STRONG PUBLIC1
SERVICES. HOWEVER, BECAUSE PUBLIC EMPLOYEES ARE EXEMPT FROM2
PROTECTIONS AFFORDED BY THE "NATIONAL LABOR RELATIONS ACT"3
AND THE "COLORADO LABOR PEACE ACT", WHEN THEY SPEAK OUT ON4
ISSUES IN THEIR WORKPLACE OR COME TOGETHER WITH THEIR COWORKERS5
TO IMPROVE THEIR WORKING CONDITIONS , THEY CAN BE DISCIPLINED AND6
TERMINATED. THE GENERAL ASSEMBLY FURTHER DECLARES THAT PUBLIC7
EMPLOYEES SHOULD HAVE THE FOLLOWING RIGHTS AND SHOULD BE8
PROTECTED FROM RETALIATION, INCLUDING DISCIPLINE OR TERMINATION,9
IF THEY CHOOSE TO EXERCISE THESE RIGHTS:10
(a) T
O SPEAK OUT ON ISSUES OF PUBLIC CONCERN AND FULLY11
ENGAGE IN THE POLITICAL PROCESS OUTSIDE OF WORK IN THE SAME12
MANNER AS OTHER CITIZENS OF COLORADO;13
(b) T
O SPEAK OUT ABOUT CONCERNS WITH THE TERMS AND14
CONDITIONS OF THEIR EMPLOYMENT ;15
(c) T
O ENGAGE IN PROTECTED CONCERTED ACTIVITY FOR THE16
PURPOSE OF MUTUAL AID OR PROTECTION ;17
(d) T
O ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE18
ORGANIZATION OR TO REFRAIN FROM DOING SO ; AND19
(e) T
O PURSUE AN EMPLOYEE ORGANIZATION WITH THEIR20
COWORKERS WITHOUT INTERFERENCE .21
29-32-103. Definitions. A
S USED IN THIS ARTICLE 32, UNLESS THE22
CONTEXT OTHERWISE REQUIRES :23
(1) "C
OUNTY" MEANS ONLY:24
(a) A
CITY AND COUNTY; AND25
(b) A
COUNTY WITH A POPULATION OF LESS THAN SEVEN26
THOUSAND FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF27
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-3- THE MOST RECENT UNITED STATES DECENNIAL CENSUS.1
(2) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND2
STATISTICS WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT .3
(3) "E
MPLOYEE ORGANIZATION " MEANS AN ORGANIZATION4
INDEPENDENT OF THE EMPLOYER
IN WHICH PUBLIC EMPLOYEES MAY5
PARTICIPATE AND THAT EXISTS FOR THE PURPOSE , IN WHOLE OR IN PART,6
OF ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE PUBLIC7
EMPLOYEES CONCERNING PUBLIC EMPLOYEE GRIEVANCES , LABOR8
DISPUTES, WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF9
EMPLOYMENT. "EMPLOYEE ORGANIZATION " INCLUDES ANY AGENTS OR10
REPRESENTATIVES OF THE EMPLOYEE ORGANIZATION DESIGNATED BY THE11
EMPLOYEE ORGANIZATION .12
(4) "G
OVERNING BODY" MEANS THE ELECTED OR APPOINTED13
REPRESENTATIVE BODY OF A PUBLIC EMPLOYER .14
(5) "P
UBLIC EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY A15
PUBLIC EMPLOYER; EXCEPT THOSE EMPLOYEES EMPLOYED IN THE
16
PERSONNEL SYSTEM OF THE STATE ESTABLISHED IN SECTION 13 OF ARTICLE17
XII
OF THE STATE
CONSTITUTION, OR EMPLOYEES EMPLOYED BY AN18
EMPLOYER, AS DEFINED IN SECTION 8-3-104 (12).19
(6) "PUBLIC EMPLOYER" MEANS:20
(a) A COUNTY OR A MUNICIPALITY;21
(b) A DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL22
DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER23
POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY;24
(c) THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND ,25
ESTABLISHED IN ARTICLE 80 OF TITLE 22;26
(d) A STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN27
111
-4- SECTION 23-18-102 (10)(a), AND A LOCAL DISTRICT COLLEGE OPERATING1
PURSUANT TO ARTICLE 71 OF TITLE 23;2
(e) THE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION3
21-1-101;4
(f) THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY CREATED5
IN SECTION 23-21-503;6
(g) THE DENVER HEALTH AND HOSPITAL AUTHORITY CREATED IN7
SECTION 25-29-103;8
(h) THE JOINT BUDGET COMMITTEE STAFF , THE LEGISLATIVE9
COUNCIL STAFF, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE STAFF10
OF THE OFFICE OF THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES ,11
AND THE SENATE SERVICES STAFF;12
(i) THE MAJORITY AND MINORITY CAUCUS STAFF OF THE HOUSE OF13
REPRESENTATIVES AND THE SENATE ; 14
(j) A BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT15
TO THE "BOARDS OF COOPERATIVE SERVICES ACT OF 1965", ARTICLE 5 OF16
TITLE 22.17
(XI) ANY SCHOOL DISTRICT AS DEFINED IN SECTION 22-7-100318
(20);19
(XII) A DISTRICT CHARTER SCHOOL PURSUANT TO PART 1 OF20
ARTICLE 30.5 OF TITLE 22; OR21
(XIII) AN INSTITUTE CHARTER SCHOOL WHICH MEANS A CHARTER22
SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE23
PURSUANT TO PART 5 OF ARTICLE 30.5 OF TITLE 22.24
25
(7) "U
NFAIR LABOR PRACTICE" MEANS A VIOLATION OF THE RIGHTS26
OR OBLIGATIONS DESCRIBED IN THIS ARTICLE 32. NOTHING IN THIS
27
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-5- ARTICLE 32 SHALL BE CONSTRUED TO MEAN THE RIGHT OR OBLIGATION TO1
RECOGNIZE OR TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT .2
29-32-104. Protections for public workers. (1) E
XCEPT AS
3
PROVIDED IN SUBSECTION (2) OF THIS SECTION, A PUBLIC EMPLOYEE HAS4
THE RIGHT TO:5
(a) D
ISCUSS OR EXPRESS THE PUBLIC EMPLOYEE 'S VIEWS6
REGARDING PUBLIC EMPLOYEE REPRESENTATION , WORKPLACE ISSUES, OR7
THE RIGHTS GRANTED TO THE PUBLIC EMPLOYEE IN THIS ARTICLE 32;8
(b) E
NGAGE IN PROTECTED , CONCERTED ACTIVITY FOR THE9
PURPOSE OF MUTUAL AID OR PROTECTION ;10
(c) F
ULLY PARTICIPATE IN THE POLITICAL PROCESS WHILE OFF11
DUTY AND NOT IN UNIFORM, INCLUDING:12
(I) S
PEAKING WITH MEMBERS OF THE PUBLIC EMPLOYER 'S13
GOVERNING BODY ON TERMS AND CONDITIONS OF EMPLOYMENT AND ANY14
MATTER OF PUBLIC CONCERN; AND15
(II) E
NGAGING IN OTHER POLITICAL ACTIVITIES IN THE SAME16
MANNER AS OTHER CITIZENS OF COLORADO, WITHOUT DISCRIMINATION,17
INTIMIDATION, OR RETALIATION; AND18
(d) O
RGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE19
ORGANIZATION OR REFRAIN FROM ORGANIZING , FORMING, JOINING, OR20
ASSISTING AN EMPLOYEE ORGANIZATION .21
(2) A
PUBLIC EMPLOYER DESCRIBED IN SECTION 29-32-103
(6)(h)22
MAY LIMIT THE RIGHTS OF AN EMPLOYEE DESCRIBED IN 29-32-104 (1)(c)23
TO THE EXTENT NECESSARY TO MAINTAIN THE NONPARTISAN ROLE OF THE24
EMPLOYER.25
(3) A PUBLIC EMPLOYER SHALL NOT:26
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE27
111
-6- WITH, OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE1
AGAINST, COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS2
AGAINST, ANY PUBLIC EMPLOYEE FOR ENGAGING IN ANY OF THE RIGHTS3
DESCRIBED IN THIS ARTICLE 32;4
(b) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN5
EMPLOYEE ORGANIZATION ; OR6
(c) D
ISCHARGE OR DISCRIMINATE AGAINST A PUBLIC EMPLOYEE7
BECAUSE THE PUBLIC EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR8
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO9
THIS ARTICLE 32, OR BECAUSE THE PUBLIC EMPLOYEE HAS FORMED ,10
JOINED, ASSISTED, OR CHOSEN TO BE REPRESENTED BY AN EMPLOYEE11
ORGANIZATION.12
29-32-105. Enforcement - rules. (1) A
N AGGRIEVED PARTY IS13
BARRED FROM FILING A CLAIM THAT ALLEGES THAT A PUBLIC EMPLOYER14
HAS VIOLATED THIS ARTICLE 32 UNLESS THE CLAIM IS FILED WITHIN SIX15
MONTHS AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR16
REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .17
(2) T
HE DIVISION SHALL ENFORCE THE RIGHTS AND OBLIGATIONS18
OF THIS ARTICLE 32 AND PROMULGATE RULES AS MAY BE NECESSARY TO
19
IMPLEMENT THIS ARTICLE 32. THE DIVISION MUST CONSIDER THE UNIQUE20
CIRCUMSTANCES OF RURAL COUNTIES AS DEFINED IN SECTION 29-32-10321
(1)(b) IN ASSIGNING REMEDIES DURING THE RULEMAKING PROCESS . THE22
DIVISION SHALL CREATE AND ADMINISTER A PROCESS TO ACCEPT , REVIEW,23
AND INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING A24
VIOLATION THAT, IN THE DIRECTOR'S GOOD FAITH DISCRETION AND25
JUDGMENT, WARRANTS INVESTIGATION. THE DIVISION ALSO MAY:26
(a) P
UBLISH GUIDANCE ON OTHER POSSIBLE EMPLOYEE REDRESS
27
111
-7- FOR THOSE WHOSE CLAIMS ARE NOT INVESTIGATED ; AND1
(b) A
T ITS DISCRETION, PROVIDE ALTERNATIVE DISPUTE
2
RESOLUTION CONSISTENT WITH SECTIONS 8-3-112 AND 8-3-113.3
(3) T
HE DIVISION HAS THE AUTHORITY TO ADJUDICATE UNFAIR4
LABOR PRACTICE CHARGES AND ISSUE DECISIONS PURSUANT TO ARTICLE5
3
OF TITLE 8.6
(4) A
PARTY MAY APPEAL THE DIVISION'S FINAL DECISION TO THE7
C
OLORADO COURT OF APPEALS AND THE COURT 'S REVIEW MUST BE8
LIMITED TO DETERMINING WHETHER THE DIVISION HAS EXCEEDED ITS9
JURISDICTION OR ABUSED ITS DISCRETION BASED ON THE EVIDENCE IN THE10
RECORD BEFORE THE DIVISION.11
(5) T
HE COURT OF APPEALS SHALL UPHOLD THE ACTION OF THE12
DIVISION AND TAKE APPROPRIATE STEPS TO ENFORCE THE ACTION UNLESS13
THE COURT CONCLUDES THAT THE FINAL DECISION IS :14
(a) A
RBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION; OR15
(b) O
THERWISE NOT IN ACCORDANCE WITH LAW .16
(6) T
HE DIVISION MAY ENFORCE PROVISIONS OF THIS ARTICLE 3217
THROUGH THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE REMEDIES ,18
INCLUDING REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A PUBLIC19
EMPLOYEE OR GROUP OF PUBLIC EMPLOYEES FROM UNLAWFUL CONDUCT .20
(7) A
NY FUNDS APPROPRIATED TO COVER THE DIVISION 'S COSTS
21
RELATING TO THE ENFORCEMENT OF THIS ARTICLE 32 MUST BE FROM THE22
GENERAL FUND.23
(8) N
O PUBLIC EMPLOYER HAS THE AUTHORITY TO WAIVE ANY
24
PROVISIONS OF THIS ARTICLE, AND ANY LAW, RULE, OR POLICY THAT25
AUTHORIZES A WAIVER IS NULL AND VOID . 26
SECTION 2. In Colorado Revised Statutes, add 29-5-215 as27
111
-8- follows:1
29-5-215. Protect public workers. O
N AND AFTER THE EFFECTIVE2
DATE OF ARTICLE 32 OF THIS TITLE 29, FIREFIGHTERS SHALL HAVE ALL THE3
RIGHTS AND PROTECTIONS ENUMERATED UNDER ARTICLE 32 OF THIS TITLE4
29.5
6
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal7
year, $151,751 is appropriated to the department of labor and8
employment. This appropriation is from the general fund. To implement9
this act, the department may use this appropriation as follows:10
(a) $94,651 for use by the division of labor standards and statistics11
for program costs related to labor standards, which amount is based on an12
assumption that the division will require an additional 0.9 FTE; and13
(b) $57,100 for the purchase of legal services.14
(2) For the 2023-24 state fiscal year, $57,100 is appropriated to15
the department of law. This appropriation is from reappropriated funds16
received from the department of labor and employment under subsection17
(1)(b) of this section and is based on an assumption that the department18
of law will require an additional 0.3 FTE. To implement this act, the19
department of law may use this appropriation to provide legal services for20
the department of labor and employment.21
SECTION 4. Act subject to petition - effective date. Section22
29-32-105 (3) of this act takes effect on July 1, 2024, and the remainder23
of this act takes effect at 12:01 a.m. on the day following the expiration24
of the ninety-day period after final adjournment of the general assembly;25
except that, if a referendum petition is filed pursuant to section 1 (3) of26
article V of the state constitution against this act or an item, section, or27
111
-9- part of this act within such period, then the act, item, section, or part will1
not take effect unless approved by the people at the general election to be2
held in November 2024 and, in such case, will take effect on the date of3
the official declaration of the vote thereon by the governor.4
111
-10-