Colorado 2023 Regular Session

Colorado Senate Bill SB111 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	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0483.02 Jessica Herrera x4218
1	8		SENATE BILL 23-111
2		-	BY SENATOR(S) Rodriguez, Danielson, Exum, Gonzales, Jaquez Lewis,
3		-	Kolker, Marchman, Moreno, Priola, Sullivan, Winter F.;
4		-	also REPRESENTATIVE(S) Woodrow and Titone, Amabile, Bacon, Bird,
5		-	Brown, Daugherty, deGruy Kennedy, Duran, English, Epps, Froelich,
6		-	Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder,
7		-	Lindsay, Lindstedt, Lukens, Mabrey, Martinez, McLachlan, Ortiz, Sharbini,
8		-	Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford.
	9	+	Senate Committees House Committees
	10	+	Local Government & Housing State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10	14		ONCERNING PUBLIC EMPLOYEES ' WORKPLACE PROTECTION FROM
11		-	EMPLOYER RETALIATION
12		-	, AND, IN CONNECTION THEREWITH, MAKING
13		-	AN APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add article 33 to title
18		-	29 as follows:
19		-	ARTICLE 33
20		-	Protections For Public Workers
21		-	29-33-101. Short title. T
22		-	HE SHORT TITLE OF THIS ARTICLE 33 IS THE
23		-	"PROTECTIONS FOR PUBLIC WORKERS ACT".
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. 29-33-102. Legislative declaration. (1) T HE GENERAL ASSEMBLY
32		-	HEREBY DECLARES THAT PUBLIC EMPLOYEES ARE THE BACKBONE OF THE
33		-	STATE AND ENSURE THAT
34		-	COLORADANS HAVE ACCESS TO STRONG PUBLIC
35		-	SERVICES
36		-	. HOWEVER, BECAUSE PUBLIC EMPLOYEES ARE EXEMPT FROM
37		-	PROTECTIONS AFFORDED BY THE
38		-	"NATIONAL LABOR RELATIONS ACT" AND
39		-	THE
40		-	"COLORADO LABOR PEACE ACT", WHEN THEY SPEAK OUT ON ISSUES IN
41		-	THEIR WORKPLACE OR COME TOGETHER WITH THEIR COWORKERS TO
42		-	IMPROVE THEIR WORKING CONDITIONS
43		-	, THEY CAN BE DISCIPLINED AND
44		-	TERMINATED
45		-	. THE GENERAL ASSEMBLY FURTHER DECLARES THAT PUBLIC
46		-	EMPLOYEES SHOULD HAVE THE FOLLOWING RIGHTS AND SHOULD BE
47		-	PROTECTED FROM RETALIATION
48		-	, INCLUDING DISCIPLINE OR TERMINATION, IF
49		-	THEY CHOOSE TO EXERCISE THESE RIGHTS
50		-	:
	15	+	101
	16	+	EMPLOYER RETALIATION, AND, IN CONNECTION THEREWITH ,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	+	The "National Labor Relations Act" does not apply to federal,
	26	+	state, or local governments and the "Colorado Labor Peace Act" excludes
	27	+	governmental entities, with an exception for mass transportation systems,
	28	+	leaving public employees without the protection afforded by these labor
	29	+	laws. The bill grants certain public employees, including individuals
	30	+	HOUSE
	31	+	Amended 2nd Reading
	32	+	April 28, 2023
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	April 17, 2023
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	April 14, 2023
	39	+	SENATE SPONSORSHIP
	40	+	Rodriguez, Exum, Gonzales, Jaquez Lewis, Kolker, Marchman, Moreno, Priola, Sullivan,
	41	+	Winter F.
	42	+	HOUSE SPONSORSHIP
	43	+	Woodrow and Titone,
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. employed by counties, municipalities, fire authorities, school districts,
	47	+	public colleges and universities, library districts, special districts, public
	48	+	defender's offices, the university of Colorado hospital authority, the
	49	+	Denver health and hospital authority, the general assembly, and a board
	50	+	of cooperative services, the right to:
	51	+	! Discuss or express views regarding public employee
	52	+	representation or workplace issues;
	53	+	! Engage in protected, concerted activity for the purpose of
	54	+	mutual aid or protection;
	55	+	! Fully participate in the political process while off duty and
	56	+	not in uniform, including speaking with members of the
	57	+	public employer's governing body on terms and conditions
	58	+	of employment and any matter of public concern and
	59	+	engaging in other political activities in the same manner as
	60	+	other citizens of Colorado without discrimination,
	61	+	intimidation, or retaliation; and
	62	+	! Organize, form, join, or assist an employee organization or
	63	+	refrain from organizing, forming, joining, or assisting an
	64	+	employee organization.
	65	+	The bill also prohibits certain public employers from
	66	+	discriminating against, coercing, intimidating, interfering with, or
	67	+	imposing reprisals against a public employee for engaging in any of the
	68	+	rights granted.
	69	+	The Colorado department of labor and employment (department)
	70	+	is charged with enforcing any alleged violation of these rights and is
	71	+	granted rule-making authority. A party may appeal the department's final
	72	+	decision to the Colorado court of appeals. The bill requires the court of
	73	+	appeals to give deference to the department.
	74	+	Be it enacted by the General Assembly of the State of Colorado:1
	75	+	SECTION 1. In Colorado Revised Statutes, add article 32 to title2
	76	+	29 as follows:3
	77	+	ARTICLE 324
	78	+	Protections For Public Workers5
	79	+	29-32-101. Short title. T
	80	+	HE SHORT TITLE OF THIS ARTICLE 32 IS6
	81	+	THE "PROTECTIONS FOR PUBLIC WORKERS ACT".7
	82	+	29-32-102. Legislative declaration. (1) T
	83	+	HE GENERAL ASSEMBLY8
	84	+	HEREBY DECLARES THAT PUBLIC EMPLOYEES ARE THE BACKBONE OF THE9
	85	+	111-2- STATE AND ENSURE THAT COLORADANS HAVE ACCESS TO STRONG PUBLIC1
	86	+	SERVICES. HOWEVER, BECAUSE PUBLIC EMPLOYEES ARE EXEMPT FROM2
	87	+	PROTECTIONS AFFORDED BY THE "NATIONAL LABOR RELATIONS ACT"3
	88	+	AND THE "COLORADO LABOR PEACE ACT", WHEN THEY SPEAK OUT ON4
	89	+	ISSUES IN THEIR WORKPLACE OR COME TOGETHER WITH THEIR COWORKERS5
	90	+	TO IMPROVE THEIR WORKING CONDITIONS , THEY CAN BE DISCIPLINED AND6
	91	+	TERMINATED. THE GENERAL ASSEMBLY FURTHER DECLARES THAT PUBLIC7
	92	+	EMPLOYEES SHOULD HAVE THE FOLLOWING RIGHTS AND SHOULD BE8
	93	+	PROTECTED FROM RETALIATION, INCLUDING DISCIPLINE OR TERMINATION,9
	94	+	IF THEY CHOOSE TO EXERCISE THESE RIGHTS:10
51	95		(a) T
52		-	O SPEAK OUT ON ISSUES OF PUBLIC CONCERN AND FULLY
53		-	ENGAGE IN THE POLITICAL PROCESS OUTSIDE OF WORK IN THE SAME MANNER
54		-	AS OTHER CITIZENS OF
55		-	COLORADO;
	96	+	O SPEAK OUT ON ISSUES OF PUBLIC CONCERN AND FULLY11
	97	+	ENGAGE IN THE POLITICAL PROCESS OUTSIDE OF WORK IN THE SAME12
	98	+	MANNER AS OTHER CITIZENS OF COLORADO;13
56	99		(b) T
57		-	O SPEAK OUT ABOUT CONCERNS WITH THE TERMS AND
58		-	CONDITIONS OF THEIR EMPLOYMENT
59		-	;
	100	+	O SPEAK OUT ABOUT CONCERNS WITH THE TERMS AND14
	101	+	CONDITIONS OF THEIR EMPLOYMENT ;15
60	102		(c) T
61		-	O ENGAGE IN PROTECTED CONCERTED ACTIVITY FOR THE
62		-	PURPOSE OF MUTUAL AID OR PROTECTION
63		-	;
	103	+	O ENGAGE IN PROTECTED CONCERTED ACTIVITY FOR THE16
	104	+	PURPOSE OF MUTUAL AID OR PROTECTION ;17
64	105		(d) T
65		-	O ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE
66		-	ORGANIZATION OR TO REFRAIN FROM DOING SO
67		-	; AND
68		-	(e) TO PURSUE AN EMPLOYEE ORGANIZATION WITH THEIR
69		-	COWORKERS WITHOUT INTERFERENCE
70		-	.
71		-	29-33-103. Definitions. A
72		-	S USED IN THIS ARTICLE 33, UNLESS THE
73		-	CONTEXT OTHERWISE REQUIRES
74		-	:
	106	+	O ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE18
	107	+	ORGANIZATION OR TO REFRAIN FROM DOING SO ; AND19
	108	+	(e) T
	109	+	O PURSUE AN EMPLOYEE ORGANIZATION WITH THEIR20
	110	+	COWORKERS WITHOUT INTERFERENCE .21
	111	+	29-32-103. Definitions. A
	112	+	S USED IN THIS ARTICLE 32, UNLESS THE22
	113	+	CONTEXT OTHERWISE REQUIRES :23
75	114		(1) "C
76		-	OUNTY" MEANS ONLY:
	115	+	OUNTY" MEANS ONLY:24
77	116		(a) A
78		-	CITY AND COUNTY; AND
79		-	(b) A COUNTY WITH A POPULATION OF LESS THAN SEVEN THOUSAND
80		-	FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF THE MOST
81		-	RECENT
82		-	UNITED STATES DECENNIAL CENSUS.
83		-	PAGE 2-SENATE BILL 23-111 (2) "DIVISION" MEANS THE DIVISION OF LABOR STANDARDS AND
84		-	STATISTICS WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT
85		-	.
	117	+	CITY AND COUNTY; AND25
	118	+	(b) A
	119	+	COUNTY WITH A POPULATION OF LESS THAN SEVEN26
	120	+	THOUSAND FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF27
	121	+	111
	122	+	-3- THE MOST RECENT UNITED STATES DECENNIAL CENSUS.1
	123	+	(2) "D
	124	+	IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND2
	125	+	STATISTICS WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT .3
86	126		(3) "E
87		-	MPLOYEE ORGANIZATION " MEANS AN ORGANIZATION
88		-	INDEPENDENT OF THE EMPLOYER IN WHICH PUBLIC EMPLOYEES MAY
89		-	PARTICIPATE AND THAT EXISTS FOR THE PURPOSE
90		-	, IN WHOLE OR IN PART, OF
91		-	ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE PUBLIC EMPLOYEES
92		-	CONCERNING PUBLIC EMPLOYEE GRIEVANCES
93		-	, LABOR DISPUTES, WAGES,
94		-	HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT . "EMPLOYEE
95		-	ORGANIZATION
96		-	" INCLUDES ANY AGENTS OR REPRESENTATIVES OF THE
97		-	EMPLOYEE ORGANIZATION DESIGNATED BY THE EMPLOYEE ORGANIZATION
98		-	.
	127	+	MPLOYEE ORGANIZATION " MEANS AN ORGANIZATION4
	128	+	INDEPENDENT OF THE EMPLOYER
	129	+	IN WHICH PUBLIC EMPLOYEES MAY5
	130	+	PARTICIPATE AND THAT EXISTS FOR THE PURPOSE , IN WHOLE OR IN PART,6
	131	+	OF ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE PUBLIC7
	132	+	EMPLOYEES CONCERNING PUBLIC EMPLOYEE GRIEVANCES , LABOR8
	133	+	DISPUTES, WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF9
	134	+	EMPLOYMENT. "EMPLOYEE ORGANIZATION " INCLUDES ANY AGENTS OR10
	135	+	REPRESENTATIVES OF THE EMPLOYEE ORGANIZATION DESIGNATED BY THE11
	136	+	EMPLOYEE ORGANIZATION .12
99	137		(4) "G
100		-	OVERNING BODY" MEANS THE ELECTED OR APPOINTED
101		-	REPRESENTATIVE BODY OF A PUBLIC EMPLOYER
102		-	.
	138	+	OVERNING BODY" MEANS THE ELECTED OR APPOINTED13
	139	+	REPRESENTATIVE BODY OF A PUBLIC EMPLOYER .14
103	140		(5) "P
104		-	UBLIC EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY A
105		-	PUBLIC EMPLOYER
106		-	; EXCEPT THOSE EMPLOYEES EMPLOYED IN THE PERSONNEL
107		-	SYSTEM OF THE STATE ESTABLISHED IN SECTION
108		-	13 OF ARTICLE XII OF THE
109		-	STATE CONSTITUTION
110		-	, OR EMPLOYEES EMPLOYED BY AN EMPLOYER , AS
111		-	DEFINED IN SECTION
112		-	8-3-104 (12).
113		-	(6) "P
114		-	UBLIC EMPLOYER" MEANS:
	141	+	UBLIC EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY A15
	142	+	PUBLIC EMPLOYER; EXCEPT THOSE EMPLOYEES EMPLOYED IN THE
	143	+	16
	144	+	PERSONNEL SYSTEM OF THE STATE ESTABLISHED IN SECTION 13 OF ARTICLE17
	145	+	XII
	146	+	OF THE STATE
	147	+	CONSTITUTION, OR EMPLOYEES EMPLOYED BY AN18
	148	+	EMPLOYER, AS DEFINED IN SECTION 8-3-104 (12).19
	149	+	(6) "PUBLIC EMPLOYER" MEANS:20
	150	+	(a) A COUNTY OR A MUNICIPALITY;21
	151	+	(b) A DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL22
	152	+	DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER23
	153	+	POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY;24
	154	+	(c) THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND ,25
	155	+	ESTABLISHED IN ARTICLE 80 OF TITLE 22;26
	156	+	(d) A STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN27
	157	+	111
	158	+	-4- SECTION 23-18-102 (10)(a), AND A LOCAL DISTRICT COLLEGE OPERATING1
	159	+	PURSUANT TO ARTICLE 71 OF TITLE 23;2
	160	+	(e) THE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION3
	161	+	21-1-101;4
	162	+	(f) THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY CREATED5
	163	+	IN SECTION 23-21-503;6
	164	+	(g) THE DENVER HEALTH AND HOSPITAL AUTHORITY CREATED IN7
	165	+	SECTION 25-29-103;8
	166	+	(h) THE JOINT BUDGET COMMITTEE STAFF , THE LEGISLATIVE9
	167	+	COUNCIL STAFF, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE STAFF10
	168	+	OF THE OFFICE OF THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES ,11
	169	+	AND THE SENATE SERVICES STAFF;12
	170	+	(i) THE MAJORITY AND MINORITY CAUCUS STAFF OF THE HOUSE OF13
	171	+	REPRESENTATIVES AND THE SENATE ; 14
	172	+	(j) A BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT15
	173	+	TO THE "BOARDS OF COOPERATIVE SERVICES ACT OF 1965", ARTICLE 5 OF16
	174	+	TITLE 22.17
	175	+	(XI) ANY SCHOOL DISTRICT AS DEFINED IN SECTION 22-7-100318
	176	+	(20);19
	177	+	(XII) A DISTRICT CHARTER SCHOOL PURSUANT TO PART 1 OF20
	178	+	ARTICLE 30.5 OF TITLE 22; OR21
	179	+	(XIII) AN INSTITUTE CHARTER SCHOOL WHICH MEANS A CHARTER22
	180	+	SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE23
	181	+	PURSUANT TO PART 5 OF ARTICLE 30.5 OF TITLE 22.24
	182	+	25
	183	+	(7) "U
	184	+	NFAIR LABOR PRACTICE" MEANS A VIOLATION OF THE RIGHTS26
	185	+	OR OBLIGATIONS DESCRIBED IN THIS ARTICLE 32. NOTHING IN THIS
	186	+	27
	187	+	111
	188	+	-5- ARTICLE 32 SHALL BE CONSTRUED TO MEAN THE RIGHT OR OBLIGATION TO1
	189	+	RECOGNIZE OR TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT .2
	190	+	29-32-104. Protections for public workers. (1) E
	191	+	XCEPT AS
	192	+	3
	193	+	PROVIDED IN SUBSECTION (2) OF THIS SECTION, A PUBLIC EMPLOYEE HAS4
	194	+	THE RIGHT TO:5
	195	+	(a) D
	196	+	ISCUSS OR EXPRESS THE PUBLIC EMPLOYEE 'S VIEWS6
	197	+	REGARDING PUBLIC EMPLOYEE REPRESENTATION , WORKPLACE ISSUES, OR7
	198	+	THE RIGHTS GRANTED TO THE PUBLIC EMPLOYEE IN THIS ARTICLE 32;8
	199	+	(b) E
	200	+	NGAGE IN PROTECTED , CONCERTED ACTIVITY FOR THE9
	201	+	PURPOSE OF MUTUAL AID OR PROTECTION ;10
	202	+	(c) F
	203	+	ULLY PARTICIPATE IN THE POLITICAL PROCESS WHILE OFF11
	204	+	DUTY AND NOT IN UNIFORM, INCLUDING:12
	205	+	(I) S
	206	+	PEAKING WITH MEMBERS OF THE PUBLIC EMPLOYER 'S13
	207	+	GOVERNING BODY ON TERMS AND CONDITIONS OF EMPLOYMENT AND ANY14
	208	+	MATTER OF PUBLIC CONCERN; AND15
	209	+	(II) E
	210	+	NGAGING IN OTHER POLITICAL ACTIVITIES IN THE SAME16
	211	+	MANNER AS OTHER CITIZENS OF COLORADO, WITHOUT DISCRIMINATION,17
	212	+	INTIMIDATION, OR RETALIATION; AND18
	213	+	(d) O
	214	+	RGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE19
	215	+	ORGANIZATION OR REFRAIN FROM ORGANIZING , FORMING, JOINING, OR20
	216	+	ASSISTING AN EMPLOYEE ORGANIZATION .21
	217	+	(2) A
	218	+	PUBLIC EMPLOYER DESCRIBED IN SECTION 29-32-103
	219	+	(6)(h)22
	220	+	MAY LIMIT THE RIGHTS OF AN EMPLOYEE DESCRIBED IN 29-32-104 (1)(c)23
	221	+	TO THE EXTENT NECESSARY TO MAINTAIN THE NONPARTISAN ROLE OF THE24
	222	+	EMPLOYER.25
	223	+	(3) A PUBLIC EMPLOYER SHALL NOT:26
	224	+	(a) D
	225	+	ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE27
	226	+	111
	227	+	-6- WITH, OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE1
	228	+	AGAINST, COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS2
	229	+	AGAINST, ANY PUBLIC EMPLOYEE FOR ENGAGING IN ANY OF THE RIGHTS3
	230	+	DESCRIBED IN THIS ARTICLE 32;4
	231	+	(b) D
	232	+	OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN5
	233	+	EMPLOYEE ORGANIZATION ; OR6
	234	+	(c) D
	235	+	ISCHARGE OR DISCRIMINATE AGAINST A PUBLIC EMPLOYEE7
	236	+	BECAUSE THE PUBLIC EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR8
	237	+	COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO9
	238	+	THIS ARTICLE 32, OR BECAUSE THE PUBLIC EMPLOYEE HAS FORMED ,10
	239	+	JOINED, ASSISTED, OR CHOSEN TO BE REPRESENTED BY AN EMPLOYEE11
	240	+	ORGANIZATION.12
	241	+	29-32-105. Enforcement - rules. (1) A
	242	+	N AGGRIEVED PARTY IS13
	243	+	BARRED FROM FILING A CLAIM THAT ALLEGES THAT A PUBLIC EMPLOYER14
	244	+	HAS VIOLATED THIS ARTICLE 32 UNLESS THE CLAIM IS FILED WITHIN SIX15
	245	+	MONTHS AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR16
	246	+	REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .17
	247	+	(2) T
	248	+	HE DIVISION SHALL ENFORCE THE RIGHTS AND OBLIGATIONS18
	249	+	OF THIS ARTICLE 32 AND PROMULGATE RULES AS MAY BE NECESSARY TO
	250	+	19
	251	+	IMPLEMENT THIS ARTICLE 32. THE DIVISION MUST CONSIDER THE UNIQUE20
	252	+	CIRCUMSTANCES OF RURAL COUNTIES AS DEFINED IN SECTION 29-32-10321
	253	+	(1)(b) IN ASSIGNING REMEDIES DURING THE RULEMAKING PROCESS . THE22
	254	+	DIVISION SHALL CREATE AND ADMINISTER A PROCESS TO ACCEPT , REVIEW,23
	255	+	AND INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING A24
	256	+	VIOLATION THAT, IN THE DIRECTOR'S GOOD FAITH DISCRETION AND25
	257	+	JUDGMENT, WARRANTS INVESTIGATION. THE DIVISION ALSO MAY:26
	258	+	(a) P
	259	+	UBLISH GUIDANCE ON OTHER POSSIBLE EMPLOYEE REDRESS
	260	+	27
	261	+	111
	262	+	-7- FOR THOSE WHOSE CLAIMS ARE NOT INVESTIGATED ; AND1
	263	+	(b) A
	264	+	T ITS DISCRETION, PROVIDE ALTERNATIVE DISPUTE
	265	+	2
	266	+	RESOLUTION CONSISTENT WITH SECTIONS 8-3-112 AND 8-3-113.3
	267	+	(3) T
	268	+	HE DIVISION HAS THE AUTHORITY TO ADJUDICATE UNFAIR4
	269	+	LABOR PRACTICE CHARGES AND ISSUE DECISIONS PURSUANT TO ARTICLE5
	270	+	3
	271	+	OF TITLE 8.6
	272	+	(4) A
	273	+	PARTY MAY APPEAL THE DIVISION'S FINAL DECISION TO THE7
	274	+	C
	275	+	OLORADO COURT OF APPEALS AND THE COURT 'S REVIEW MUST BE8
	276	+	LIMITED TO DETERMINING WHETHER THE DIVISION HAS EXCEEDED ITS9
	277	+	JURISDICTION OR ABUSED ITS DISCRETION BASED ON THE EVIDENCE IN THE10
	278	+	RECORD BEFORE THE DIVISION.11
	279	+	(5) T
	280	+	HE COURT OF APPEALS SHALL UPHOLD THE ACTION OF THE12
	281	+	DIVISION AND TAKE APPROPRIATE STEPS TO ENFORCE THE ACTION UNLESS13
	282	+	THE COURT CONCLUDES THAT THE FINAL DECISION IS :14
115	283		(a) A
116		-	COUNTY OR A MUNICIPALITY;
117		-	(b) A
118		-	DISTRICT, BUSINESS IMPROVEMENT DISTRICT, SPECIAL DISTRICT
119		-	CREATED PURSUANT TO TITLE
120		-	32, AUTHORITY, OR OTHER POLITICAL
121		-	SUBDIVISION OF THE STATE
122		-	, A COUNTY, OR A MUNICIPALITY;
123		-	(c) T
124		-	HE COLORADO SCHOOL FOR THE DEAF AND THE BLIND ,
125		-	ESTABLISHED IN ARTICLE 80 OF TITLE 22;
126		-	(d) A
127		-	STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN
128		-	SECTION
129		-	23-18-102 (10)(a), AND A LOCAL DISTRICT COLLEGE OPERATING
130		-	PURSUANT TO ARTICLE
131		-	71 OF TITLE 23;
132		-	(e) T
133		-	HE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION
134		-	21-1-101;
135		-	(f) T
136		-	HE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY CREATED
137		-	PAGE 3-SENATE BILL 23-111 IN SECTION 23-21-503;
138		-	(g) T
139		-	HE DENVER HEALTH AND HOSPITAL AUTHORITY CREATED IN
140		-	SECTION
141		-	25-29-103;
142		-	(h) T
143		-	HE JOINT BUDGET COMMITTEE STAFF, THE LEGISLATIVE COUNCIL
144		-	STAFF
145		-	, THE OFFICE OF LEGISLATIVE LEGAL SERVICES , THE STAFF OF THE
146		-	OFFICE OF THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES
147		-	, AND THE
148		-	SENATE SERVICES STAFF
149		-	;
150		-	(i) T
151		-	HE MAJORITY AND MINORITY CAUCUS STAFF OF THE HOUSE OF
152		-	REPRESENTATIVES AND THE SENATE
153		-	;
154		-	(j) A
155		-	BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT TO
156		-	THE
157		-	"BOARDS OF COOPERATIVE SERVICES ACT OF 1965", ARTICLE 5 OF TITLE
158		-	22.
159		-	(XI) A
160		-	NY SCHOOL DISTRICT AS DEFINED IN SECTION 22-7-1003 (20);
161		-	(XII) A
162		-	DISTRICT CHARTER SCHOOL PURSUANT TO PART 1 OF ARTICLE
163		-	30.5 OF TITLE 22; OR
164		-	(XIII) AN INSTITUTE CHARTER SCHOOL WHICH MEANS A CHARTER
165		-	SCHOOL AUTHORIZED BY THE STATE CHARTER SC HOOL INSTITUTE PURSUANT
166		-	TO PART
167		-	5 OF ARTICLE 30.5 OF TITLE 22.
168		-	(7) "U
169		-	NFAIR LABOR PRACTICE" MEANS A VIOLATION OF THE RIGHTS
170		-	OR OBLIGATIONS DESCRIBED IN THIS ARTICLE
171		-	33. NOTHING IN THIS ARTICLE
172		-	33 SHALL BE CONSTRUED TO MEAN THE RIGHT OR OBLIGATION TO RECOGNIZE
173		-	OR TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT
174		-	.
175		-	29-33-104. Protections for public workers. (1) E
176		-	XCEPT AS
177		-	PROVIDED IN SUBSECTION
178		-	(2) OF THIS SECTION, A PUBLIC EMPLOYEE HAS THE
179		-	RIGHT TO
180		-	:
181		-	(a) D
182		-	ISCUSS OR EXPRESS THE PUBLIC EMPLOYEE'S VIEWS REGARDING
183		-	PUBLIC EMPLOYEE REPRESENTATION
184		-	, WORKPLACE ISSUES, OR THE RIGHTS
185		-	GRANTED TO THE PUBLIC EMPLOYEE IN THIS ARTICLE
186		-	33;
187		-	(b) E
188		-	NGAGE IN PROTECTED, CONCERTED ACTIVITY FOR THE PURPOSE
189		-	PAGE 4-SENATE BILL 23-111 OF MUTUAL AID OR PROTECTION;
190		-	(c) F
191		-	ULLY PARTICIPATE IN THE POLITICAL PROCESS WHILE OFF DUTY
192		-	AND NOT IN UNIFORM
193		-	, INCLUDING:
194		-	(I) S
195		-	PEAKING WITH MEMBERS OF THE PUBLIC EMPLOYER 'S
196		-	GOVERNING BODY ON TERMS AND CONDITIONS OF EMPLOYMENT AND ANY
197		-	MATTER OF PUBLIC CONCERN
198		-	; AND
199		-	(II) ENGAGING IN OTHER POLITICAL ACTIVITIES IN THE SAME MANNER
200		-	AS OTHER CITIZENS OF
201		-	COLORADO, WITHOUT DISCRIMINATION ,
202		-	INTIMIDATION, OR RETALIATION; AND
203		-	(d) ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION
204		-	OR REFRAIN FROM ORGANIZING
205		-	, FORMING, JOINING, OR ASSISTING AN
206		-	EMPLOYEE ORGANIZATION
207		-	.
208		-	(2) A
209		-	PUBLIC EMPLOYER DESCRIBED IN SECTION 29-33-103 (6)(h)
210		-	MAY LIMIT THE RIGHTS OF AN EMPLOYEE DESCRIBED IN 29-33-104 (1)(c) TO
211		-	THE EXTENT NECESSARY TO MAINTAIN THE NONPARTISAN ROLE OF THE
212		-	EMPLOYER
213		-	.
214		-	(3) A
215		-	PUBLIC EMPLOYER SHALL NOT:
216		-	(a) D
217		-	ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,
218		-	OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST ,
219		-	COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST, ANY
220		-	PUBLIC EMPLOYEE FOR ENGAGING IN ANY OF THE RIGHTS DESCRIBED IN THIS
221		-	ARTICLE
222		-	33;
223		-	(b) D
224		-	OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN
225		-	EMPLOYEE ORGANIZATION
226		-	; OR
227		-	(c) DISCHARGE OR DISCRIMINATE AGAINST A PUBLIC EMPLOYEE
228		-	BECAUSE THE PUBLIC EMPLOYEE HAS FILED AN AFFIDAVIT
229		-	, PETITION, OR
230		-	COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO THIS
231		-	ARTICLE
232		-	33, OR BECAUSE THE PUBLIC EMPLOYEE HAS FORMED , JOINED,
233		-	ASSISTED, OR CHOSEN TO BE REPRESENTED BY AN EMPLOYEE ORGANIZATION .
234		-	29-33-105. Enforcement - rules. (1) A
235		-	N AGGRIEVED PARTY IS
236		-	PAGE 5-SENATE BILL 23-111 BARRED FROM FILING A CLAIM THAT ALLEGES THAT A PUBLIC EMPLOYER HAS
237		-	VIOLATED THIS ARTICLE
238		-	33 UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS
239		-	AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY
240		-	SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION
241		-	.
242		-	(2) T
243		-	HE DIVISION SHALL ENFORCE THE RIGHTS AND OBLIGATIONS OF
244		-	THIS ARTICLE
245		-	33 AND PROMULGATE RULES AS MAY BE NECESSARY TO
246		-	IMPLEMENT THIS ARTICLE
247		-	33. THE DIVISION MUST CONSIDER THE UNIQUE
248		-	CIRCUMSTANCES OF RURAL COUNTIES
249		-	AS DEFINED IN SECTION 29-33-103
250		-	(1)(b)
251		-	IN ASSIGNING REMEDIES DURING THE RULEMAKING PROCESS . THE
252		-	DIVISION SHALL CREATE AND ADMINISTER A PROCESS TO ACCEPT
253		-	, REVIEW,
254		-	AND INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING A VIOLATION
255		-	THAT
256		-	, IN THE DIRECTOR'S GOOD FAITH DISCRETION AND JUDGMENT ,
257		-	WARRANTS INVESTIGATION . THE DIVISION ALSO MAY:
258		-	(a) P
259		-	UBLISH GUIDANCE ON OTHER POSSIBLE EMPLOYEE REDRESS FOR
260		-	THOSE WHOSE CLAIMS ARE NOT INVESTIGATED
261		-	; AND
262		-	(b) AT ITS DISCRETION, PROVIDE ALTERNATIVE DISPUTE RESOLUTION
263		-	CONSISTENT WITH SECTIONS
264		-	8-3-112 AND 8-3-113.
265		-	(3) T
266		-	HE DIVISION HAS THE AUTHORITY TO ADJUDICATE UNFAIR
267		-	LABOR PRACTICE CHARGES AND ISSUE DECISIONS PURSUANT TO ARTICLE
268		-	3
269		-	OF TITLE 8.
270		-	(4) A
271		-	PARTY MAY APPEAL THE DIVISION'S FINAL DECISION TO THE
272		-	COLORADO COURT OF APPEALS AND THE COURT 'S REVIEW MUST BE LIMITED
273		-	TO DETERMINING WHETHER THE DIVISION HAS EXCEEDED ITS JURISDICTION
274		-	OR ABUSED ITS DISCRETION BASED ON THE EVIDENCE IN THE RECORD BEFORE
275		-	THE DIVISION
276		-	.
277		-	(5) T
278		-	HE COURT OF APPEALS SHALL UPHOLD THE ACTION OF THE
279		-	DIVISION AND TAKE APPROPRIATE STEPS TO ENFORCE THE ACTION UNLESS
280		-	THE COURT CONCLUDES THAT THE FINAL DECISION IS
281		-	:
282		-	(a) A
283		-	RBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION; OR
284		-	(b) OTHERWISE NOT IN ACCORDANCE WITH LAW .
	284	+	RBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION; OR15
	285	+	(b) O
	286	+	THERWISE NOT IN ACCORDANCE WITH LAW .16
285	287		(6) T
286		-	HE DIVISION MAY ENFORCE PROVISIONS OF THIS ARTICLE 33
287		-	PAGE 6-SENATE BILL 23-111 THROUGH THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE REMEDIES ,
288		-	INCLUDING REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A PUBLIC
289		-	EMPLOYEE OR GROUP OF PUBLIC EMPLOYEES FROM UNLAWFUL CONDUCT
290		-	.
	288	+	HE DIVISION MAY ENFORCE PROVISIONS OF THIS ARTICLE 3217
	289	+	THROUGH THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE REMEDIES ,18
	290	+	INCLUDING REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A PUBLIC19
	291	+	EMPLOYEE OR GROUP OF PUBLIC EMPLOYEES FROM UNLAWFUL CONDUCT .20
291	292		(7) A
292	293		NY FUNDS APPROPRIATED TO COVER THE DIVISION 'S COSTS
293		-	RELATING TO THE ENFORCEMENT OF THIS ARTICLE
294		-	33 MUST BE FROM THE
295		-	GENERAL FUND
296		-	.
	294	+	21
	295	+	RELATING TO THE ENFORCEMENT OF THIS ARTICLE 32 MUST BE FROM THE22
	296	+	GENERAL FUND.23
297	297		(8) N
298	298		O PUBLIC EMPLOYER HAS THE AUTHORITY TO WAIVE ANY
299		-	~~PROVISIONS OF THIS ARTICLE~~
300		-	, AND ANY LAW, RULE, OR POLICY ~~THAT~~
301		-	AUTHORIZES A WAIVER IS NULL AND VOID
302		-	.
303		-	~~SECTION 2. In Colorado Revised Statutes, add 29-5-215 as~~
304		-	follows:
	299	+	24
	300	+	PROVISIONS OF THIS ARTICLE, AND ANY LAW, RULE, OR POLICY THAT25
	301	+	AUTHORIZES A WAIVER IS NULL AND VOID . 26
	302	+	SECTION 2. In Colorado Revised Statutes, add 29-5-215 as27
	303	+	111
	304	+	-8- follows:1
305	305		29-5-215. Protect public workers. O
306		-	N AND AFTER THE EFFECTIVE
307		-	DATE OF ARTICLE
308		-	33 OF THIS TITLE 29, FIREFIGHTERS SHALL HAVE ALL THE
309		-	RIGHTS AND PROTECTIONS ENUMERATED UNDER ARTICLE
310		-	33 OF THIS TITLE
311		-	29.
312		-	SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
313		-	$151,751 is appropriated to the department of labor and employment. This
314		-	appropriation is from the general fund. To implement this act, the
315		-	department may use this appropriation as follows:
316		-	(a) $94,651 for use by the division of labor standards and statistics
317		-	for program costs related to labor standards, which amount is based on an
318		-	assumption that the division will require an additional 0.9 FTE; and
319		-	(b) $57,100 for the purchase of legal services.
320		-	(2) For the 2023-24 state fiscal year, $57,100 is appropriated to the
321		-	department of law. This appropriation is from reappropriated funds received
322		-	from the department of labor and employment under subsection (1)(b) of
323		-	this section and is based on an assumption that the department of law will
324		-	require an additional 0.3 FTE. To implement this act, the department of law
325		-	may use this appropriation to provide legal services for the department of
326		-	labor and employment.
327		-	SECTION 4. Act subject to petition - effective date. Section
328		-	PAGE 7-SENATE BILL 23-111 29-33-105 (3) of this act takes effect on July 1, 2024, and the remainder of
329		-	this act takes effect at 12:01 a.m. on the day following the expiration of the
330		-	ninety-day period after final adjournment of the general assembly; except
331		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
332		-	of the state constitution against this act or an item, section, or part of this act
333		-	within such period, then the act, item, section, or part will not take effect
334		-	unless approved by the people at the general election to be held in
335		-	November 2024 and, in such case, will take effect on the date of the official
336		-	declaration of the vote thereon by the governor.
337		-	____________________________ ____________________________
338		-	Steve Fenberg
339		-	Julie McCluskie
340		-	PRESIDENT OF SPEAKER OF THE HOUSE
341		-	THE SENATE OF REPRESENTATIVES
342		-	____________________________ ____________________________
343		-	Cindi L. Markwell Robin Jones
344		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
345		-	THE SENATE OF REPRESENTATIVES
346		-	APPROVED________________________________________
347		-	(Date and Time)
348		-	_________________________________________
349		-	Jared S. Polis
350		-	GOVERNOR OF THE STATE OF COLORADO
351		-	PAGE 8-SENATE BILL 23-111
	306	+	N AND AFTER THE EFFECTIVE2
	307	+	DATE OF ARTICLE 32 OF THIS TITLE 29, FIREFIGHTERS SHALL HAVE ALL THE3
	308	+	RIGHTS AND PROTECTIONS ENUMERATED UNDER ARTICLE 32 OF THIS TITLE4
	309	+	29.5
	310	+
	311	+	6
	312	+	SECTION 3. Appropriation. (1) For the 2023-24 state fiscal7
	313	+	year, $151,751 is appropriated to the department of labor and8
	314	+	employment. This appropriation is from the general fund. To implement9
	315	+	this act, the department may use this appropriation as follows:10
	316	+	(a) $94,651 for use by the division of labor standards and statistics11
	317	+	for program costs related to labor standards, which amount is based on an12
	318	+	assumption that the division will require an additional 0.9 FTE; and13
	319	+	(b) $57,100 for the purchase of legal services.14
	320	+	(2) For the 2023-24 state fiscal year, $57,100 is appropriated to15
	321	+	the department of law. This appropriation is from reappropriated funds16
	322	+	received from the department of labor and employment under subsection17
	323	+	(1)(b) of this section and is based on an assumption that the department18
	324	+	of law will require an additional 0.3 FTE. To implement this act, the19
	325	+	department of law may use this appropriation to provide legal services for20
	326	+	the department of labor and employment.21
	327	+	SECTION 4. Act subject to petition - effective date. Section22
	328	+	29-32-105 (3) of this act takes effect on July 1, 2024, and the remainder23
	329	+	of this act takes effect at 12:01 a.m. on the day following the expiration24
	330	+	of the ninety-day period after final adjournment of the general assembly;25
	331	+	except that, if a referendum petition is filed pursuant to section 1 (3) of26
	332	+	article V of the state constitution against this act or an item, section, or27
	333	+	111
	334	+	-9- part of this act within such period, then the act, item, section, or part will1
	335	+	not take effect unless approved by the people at the general election to be2
	336	+	held in November 2024 and, in such case, will take effect on the date of3
	337	+	the official declaration of the vote thereon by the governor.4
	338	+	111
	339	+	-10-