First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0870.03 Chelsea Princell x4335
SENATE BILL 23-228
Senate Committees House Committees
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF TH E OFFICE FOR ADMINISTRATIVE101
SERVICES FOR INDEPENDENT AGENCIES IN THE JUDICIAL102
DEPARTMENT, AND, IN CONNECTION THEREWITH , MAKING AND103
REDUCING APPROPRIATIONS .104
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/
.)
Joint Budget Committee. The bill creates the office of
administrative services for independent agencies (office) in the judicial
department to provide administrative support services to the office of the
HOUSE
3rd Reading Unamended
April 6, 2023
HOUSE
Amended 2nd Reading
April 5, 2023
SENATE
3rd Reading Unamended
March 30, 2023
SENATE
2nd Reading Unamended
March 29, 2023
SENATE SPONSORSHIP
Bridges and Kirkmeyer, Zenzinger, Hansen, Marchman, Moreno, Priola
HOUSE SPONSORSHIP
Bird and Bockenfeld, Sirota, Parenti, Ricks, Snyder
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. child protection ombudsman, the independent ethics commission, the
office of public guardianship, and the commission on judicial discipline.
The bill requires the office to be governed by an administrative
board that is responsible for hiring the director of the office, assisting the
office director in establishing office policies regarding the delivery of
support services, and providing human resources assistance to assist in
the hiring of office employees.
The bill sets responsibilities for the office.
The bill requires the judicial department to provide the office with
administrative support until July 1, 2024, and to provide office space for
the office.
Under current law, certain independent agencies operate through
a memorandum of understanding with the judicial department. The bill
repeals the memorandum of understanding requirements to allow the
office to provide those services to the office of child protection
ombudsman and the office of public guardianship.
The bill makes and reduces appropriations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 100 to2
title 13 as follows:3
ARTICLE 1004
Office of Administrative Services for Independent Agencies5
13-100-101. Definitions. A
S USED IN THIS ARTICLE 100, UNLESS6
THE CONTEXT OTHERWISE REQUIRES :7
(1) "I
NCLUDED AGENCIES" MEANS THE AGENCIES THAT THE OFFICE8
PROVIDES ADMINISTRATIVE AND FISCAL SUPPORT SERVICES TO PURSUANT9
TO THIS ARTICLE 100 AND INCLUDES THE OFFICE OF THE CHILD10
PROTECTION OMBUDSMAN , THE INDEPENDENT ETHICS COMMISSION , THE11
OFFICE OF PUBLIC GUARDIANSHIP , THE COMMISSION ON JUDICIAL12
DISCIPLINE, AND ANY OTHER INDEPENDENT AGENCY ADDED TO THE13
JUDICIAL DEPARTMENT THAT REQUIRES ADMINISTRATIVE SUPPORT14
SERVICES.15
(2) "O
FFICE" MEANS THE OFFICE OF ADMINISTRATIVE SERVICES FOR16
228-2- INDEPENDENT AGENCIES CREATED IN SECTION 13-100-102.1
13-100-102. Office of administrative services for independent2
agencies - created - repeal. (1) T
HERE IS CREATED IN THE JUDICIAL3
DEPARTMENT THE OFFICE OF ADMINISTRATIVE SERVICES FOR INDEPENDENT4
AGENCIES TO ACT AS AN INDEPENDENT AGENCY THAT PROVIDES5
CENTRALIZED ADMINISTRATIVE AND FISCAL SUPPORT SERVICES FOR THE6
INCLUDED AGENCIES.7
(2) (a) B
Y JUNE 30, 2024, THE OFFICE AND THE JUDICIAL8
DEPARTMENT SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING9
THAT CONTAINS, AT A MINIMUM, REQUIREMENTS RELATED TO THE10
ESTABLISHMENT OF FISCAL RULES AND ONGOING ACCESS TO OR THE USE11
OF JUDICIAL DEPARTMENT SYSTEMS , CONTRACTS, OR RESOURCES THAT12
ARE IN THE INTEREST OF PROVIDING ADMINISTRATIVE AND FISCAL SUPPORT13
SERVICES EFFICIENTLY AND AT LOW COST TO THE STATE , WHICH INCLUDE14
JUDICIAL DEPARTMENT SYSTEMS FOR ADMINISTERING PAYROLL , BENEFITS,15
AND LEAVE FOR EMPLOYEES OF THE AGENCIES SERVED BY THE OFFICE .16
(b) B
EGINNING JANUARY 1, 2025, THE PARTICIPATION BY17
INCLUDED AGENCIES IN JUDICIAL DEPARTMENT SYSTEMS , CONTRACTS, AND18
RESOURCES THAT REQUIRE ADDITIONAL DIRECT COSTS TO THE JUDICIAL19
DEPARTMENT SHALL BE DISCRETELY IDENTIFIED , QUANTIFIED,20
NEGOTIATED AS NECESSARY, INCORPORATED INTO THE MEMORANDUM OF21
UNDERSTANDING, AND PAID FOR BY THE OFFICE.22
(c) T
HE OFFICE MAY NEGOTIATE SHARED RESOURCES FOR THE23
INCLUDED AGENCIES, AND THE INCLUDED AGENCIES MAY PARTICIPATE IN24
AN OFFICE-NEGOTIATED AGREEMENT OR MAY NEGOTIATE THEIR OWN25
AGREEMENTS INDEPENDENTLY OF THE OFFICE .26
(3) T
HE OFFICE CONSISTS OF THE FOLLOWING STAFF MEMBERS :27
228
-3- (a) A DIRECTOR;1
(b) A
N ADMINISTRATIVE OFFICE MANAGER ;2
(c) A
HUMAN RESOURCES ANALYST ;3
(d) A
N ACCOUNTANT;4
(e) A
PAYROLL ANALYST;5
(f) A
BUDGET ANALYST; AND6
(g) A
NY OTHER STAFF PERSON DEEMED NECESSARY BY THE OFFICE7
IF ADEQUATE FUNDING ALLOWS .8
(4)
THE OFFICE IS GOVERNED BY AN ADMINISTRATIVE BOARD THAT9
CONSISTS OF THE DIRECTOR OF EACH INCLUDED AGENCY , INCLUDING:10
(a) T
HE OFFICE OF THE CHILD PROTECTION OMBUDSMAN ;11
(b) T
HE INDEPENDENT ETHICS COMMISSION ;12
(c) T
HE OFFICE OF PUBLIC GUARDIANSHIP; AND13
(d) T
HE COMMISSION ON JUDICIAL DISCIPLINE.14
(5) T
HROUGH JUNE 30, 2024, THE ADMINISTRATIVE BOARD IS15
CHAIRED BY THE DIRECTOR OF THE OFFICE OF THE CHILD PROTECTION16
OMBUDSMAN.
THEREAFTER, THE ADMINISTRATIVE BOARD SHALL APPOINT17
ITS CHAIRMAN AND OFFICERS, AS NECESSARY.18
(6) T
HE ADMINISTRATIVE
BOARD IS RESPONSIBLE FOR THE19
FOLLOWING:20
(a) B
Y JULY 1, 2023,
THE CHAIR ACTING FOR THE BOARD SHALL21
CONTRACT WITH A HUMAN RESOURCES CONSULTANT , WHO SHALL BE PAID22
FROM OFFICE APPROPRIATIONS, TO PROVIDE RECRUITING ASSISTANCE TO23
HIRE AN OFFICE DIRECTOR;24
(b) B
Y OCTOBER 1, 2023, BY MAJORITY VOTE OF THE25
ADMINISTRATIVE BOARD, HIRING AN OFFICE DIRECTOR; AND26
(c) B
EGINNING JULY 1, 2024, FOLLOWING THE FIRST YEAR OF27
228
-4- IMPLEMENTATION AND ESTABLISHMENT OF THE OFFICE , USING THE1
ADMINISTRATIVE BOARD POLICIES ESTABLISHED PURSUANT TO2
SUBSECTION (7)(d) OF THIS SECTION, AND AS AMENDED BY THE3
ADMINISTRATIVE BOARD THEREAFTER , PROVIDING ADMINISTRATIVE4
BOARD OVERSIGHT OF THE OFFICE, AS DEFINED IN THE ADMINISTRATIVE5
BOARD POLICIES.6
(7) T
HE OFFICE DIRECTOR SHALL:7
(a) H
IRE AT LEAST HALF OF THE STAFF POSITIONS IDENTIFIED IN8
SUBSECTION (3) OF THIS SECTION BY JANUARY 1, 2024, AND ALL OTHER9
ANTICIPATED STAFF POSITIONS BY MARCH 1, 2024;10
(b) W
ORK IN PARTNERSHIP WITH THE JUDICIAL DEPARTMENT11
THROUGH JUNE 30, 2024, TO GUIDE AND SUPPORT THE TRANSITION OF12
SERVICES PROVIDED TO THE INCLUDED AGENCIES AND AGENCIES13
IDENTIFIED IN SUBSECTION (9) OF THIS SECTION;14
(c) A
DMINISTER THE OFFICE IN ACCORDANCE WITH A15
MEMORANDUM OF UNDERSTANDING WITH THE JUDICIAL DEPARTMENT ;16
AND17
(d)
IN CONSULTATION WITH THE ADMINISTRATIVE BOARD,18
ESTABLISH OFFICE OPERATING POLICIES AND ADMINISTRATIVE BOARD19
POLICIES BY JUNE 30, 2024.20
(8) B
EGINNING JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR21
PROVIDING THE FOLLOWING TO THE INCLUDED AGENCIES :22
(a) B
UDGET, ACCOUNTING, PAYROLL, AND HUMAN RESOURCES23
SERVICES;24
(b) C
ENTRALIZED BUDGET SUPPORT THAT PRESERVES25
ORGANIZATIONAL INDEPENDENCE CONCERNING BUDGET DECISIONS AND26
PROVIDES A CONSOLIDATED AND STREAMLINED BUDGET SUBMISSION27
228
-5- PROCESS FOR ALL INCLUDED AGENCIES ;1
(c) G
UIDANCE AND DIRECTION , BUT NOT THE EXECUTION OR2
PRIMARY PROVISION OF DIRECT SERVICES FOR, CONTRACTS, PURCHASING,3
AND PROCUREMENT; AND4
(d) I
N CONSULTATION WITH INCLUDED AGENCIES , MAINTENANCE5
OF A SINGLE, CONSOLIDATED COMPENSATION PLAN FOR ALL6
OCCUPATIONAL CLASSES IN THE INCLUDED AGENCIES . THE INCLUDED7
AGENCIES MUST RETAIN INDEPENDENCE IN DEFINING EACH INCLUDED8
AGENCY'S ORGANIZATIONAL STAFF POSITIONS , STRUCTURES, AND9
PERSONNEL RULES.10
(9) B
Y JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR PROVIDING11
PAYROLL SERVICES AND HUMAN RESOURCES FOR THE OFFICE OF12
ALTERNATE DEFENSE COUNSEL , THE OFFICE OF THE CHILD 'S13
REPRESENTATIVE, AND THE OFFICE OF THE RESPONDENT PARENTS '14
COUNSEL. THE OFFICE MAY PROVIDE CONSOLIDATED COMPENSATION PLAN15
SERVICES EQUIVALENT TO THOSE PROVIDED IN SUBSECTION (8)(d) OF THIS16
SECTION FOR THESE AGENCIES AT THE AGENCIES ' DISCRETION.17
(10) T
HE JUDICIAL DEPARTMENT SHALL PROVIDE THE OFFICE WITH18
OFFICE SPACE IN THE RALPH L. CARR COLORADO JUDICIAL CENTER.19
(11) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL20
WORK IN PARTNERSHIP WITH THE OFFICE TO GUIDE AND SUPPORT THE21
TRANSITION OF SUPPORT SERVICES PROVIDED TO THE INCLUDED AGENCIES22
AND AGENCIES IDENTIFIED IN SUBSECTION (9) OF THIS SECTION, TO THE23
OFFICE. THE JUDICIAL DEPARTMENT IS RESPONSIBLE FOR EFFECTUATING A24
SUCCESSFUL TRANSFER OF SUPPORT SERVICES TO THE OFFICE IN A WAY25
THAT ENABLES THE OFFICE TO INDEPENDENTLY DELIVER SUPPORT26
SERVICES AFTER JUNE 30, 2024.27
228
-6- (12) (a) THROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT1
SHALL PROVIDE THE OFFICE WITH ACCOUNTING SUPPORT , INFORMATION2
TECHNOLOGY SUPPORT, HUMAN RESOURCES AND PAYROLL SERVICES , AND3
SIMILAR SUPPORT SERVICES, WITHOUT COST TO THE OFFICE.4
(b) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL5
CONTINUE TO PROVIDE SERVICES TO THE INDEPENDENT AGENCIES AS6
OUTLINED IN STATUTE AND EXISTING MEMOR ANDUMS OF UNDERSTANDING7
WITH THE INCLUDED AGENCIES.8
(c) T
HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2024.9
(13) (a) T
HROUGH DECEMBER 31, 2024, THE JUDICIAL10
DEPARTMENT SHALL PROVIDE THE OFFICE WITH ACCESS TO OR THE USE OF11
DEPARTMENT SYSTEMS , CONTRACTS, AND RESOURCES THAT ARE IN THE12
INTEREST OF PROVIDING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES13
EFFICIENTLY AND AT LOW COST TO THE STATE , WHICH INCLUDE JUDICIAL14
DEPARTMENT SYSTEMS FOR ADMINISTERING PAYROLL , BENEFITS, AND15
LEAVE FOR EMPLOYEES OF AGENCIES SERVED BY THE OFFICE , WITHOUT16
COST TO THE OFFICE AS OUTLINED IN THE MEMORANDUM OF17
UNDERSTANDING.18
(b) B
EGINNING JANUARY 1, 2025, THE PARTICIPATION BY19
INCLUDED AGENCIES IN JUDICIAL DEPARTMENT SYSTEMS , CONTRACTS, OR20
RESOURCES THAT REQUIRE ADDITIONAL DIRECT COST TO THE JUDICIAL21
DEPARTMENT SHALL BE DISCRETELY IDENTIFIED , QUANTIFIED,22
NEGOTIATED AS NECESSARY, INCORPORATED INTO THE MEMORANDUM OF23
UNDERSTANDING, AND PAID FOR BY THE OFFICE.24
SECTION 2. In Colorado Revised Statutes, 13-5.3-103, amend25
(3) and add (4) as follows:26
13-5.3-103. Office of judicial discipline - created - executive27
228
-7- director - duties - oversight - repeal. (3) The department shall provide1
the commission and the office with office space in the Ralph L. Carr2
Colorado judicial center. Through June 30, 2023, the department or the3
office of attorney regulation counsel shall provide the commission and the4
office with accounting support, information technology support, human5
resources and payroll services, and similar support services to the same6
extent, without cost to the commission or the office, and on the same7
terms as the department provides such support to the Colorado judicial8
performance commissions.9
(4) (a) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT10
SHALL PROVIDE THE COMMISSION AND THE OFFICE WITH ACCOUNTING ,11
BUDGETING, HUMAN RESOURCES , INFORMATION TECHNOLOGY , AND12
PAYROLL SUPPORT TO THE SAME EXTENT , WITHOUT COST TO THE13
COMMISSION OR THE OFFICE, UNTIL THOSE SERVICES CAN BE PROVIDED TO14
THE COMMISSION AND THE OFFICE THR OUGH THE OFFICE OF15
ADMINISTRATIVE SERVICES FOR INDEPENDENT AGENCIES , CREATED IN16
SECTION 13-100-102.17
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.18
SECTION 3. In Colorado Revised Statutes, repeal19
13-94-105(1)(d), as amended by Senate Bill 23-064.20
SECTION 4. In Colorado Revised Statutes, 19-3.3-102, add21
(1)(a.5)(VI) as follows:22
19-3.3-102. Office of the child protection ombudsman23
established - child protection ombudsman advisory board -24
qualifications of ombudsman - duties - repeal. (1) (a.5) The office and25
the judicial department shall operate pursuant to a memorandum of26
understanding between the two entities. The memorandum of27
228
-8- understanding contains, at a minimum:1
(VI) S
UBSECTIONS (1)(a.5)(IV)(A) TO (1)(a.5)(IV)(F) OF THIS2
SECTION AND THIS SUBSECTION (1)(a.5)(VI) ARE REPEALED, EFFECTIVE3
J
ULY 1, 2024.4
SECTION 5. Appropriation - adjustments to 2023 long bill. To5
implement this act, the general fund appropriation made in the annual6
general appropriation act for the 2023-24 state fiscal year to the judicial7
department for use by the commission on judicial discipline for the office8
of judicial discipline is decreased by $339,073, and the related FTE is9
decreased by 4.0 FTE.10
SECTION 6. Appropriation. (1) For the 2023-24 state fiscal11
year, $746,909 is appropriated to the judicial department for use by the12
office of administrative services for independent agencies. This13
appropriation is from the general fund and is based on an assumption that14
the office will require an additional 6.0 FTE. To implement this act, the15
office may use this appropriation for program costs.16
(2) For the 2023-24 state fiscal year, $100,453 is appropriated to17
the judicial department. This appropriation is from the general fund. To18
implement this act, the department may use this appropriation for the19
purchase of legal services.20
(3) For the 2023-24 state fiscal year, $100,453 is appropriated to21
the department of law. This appropriation is from reappropriated funds22
received from the judicial department under subsection (2) of this section23
and is based on an assumption that the department of law will require an24
additional 0.5 FTE. To implement this act, the department of law may use25
this appropriation to provide legal services for the judicial department.26
SECTION 7. Effective date. (1) Except as otherwise provided27
228
-9- in this section, this act takes effect upon passage.1
(2) Section 3 of this act takes effect only if Senate Bill 23-0642
becomes law.3
SECTION 8. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
228
-10-