SENATE BILL 23-228
BY SENATOR(S) Bridges and Kirkmeyer, Zenzinger, Hansen, Marchman,
Moreno, Priola;
also REPRESENTATIVE(S) Bird and Bockenfeld, Sirota, Parenti, Ricks,
Snyder.
C
ONCERNING THE CREATION OF THE OFFICE FOR ADMINISTRATIVE SERVICES
FOR INDEPENDENT AGENCIES IN THE JUDICIAL DEPARTMENT
, AND, IN
CONNECTION THEREWITH
, MAKING AND REDUCING APPROPRIATIONS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 100 to title
13 as follows:
ARTICLE 100
Office of Administrative Services for Independent Agencies
13-100-101. Definitions. A
S USED IN THIS ARTICLE 100, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "I
NCLUDED AGENCIES" MEANS THE AGENCIES THAT THE OFFICE
PROVIDES ADMINISTRATIVE AND FISCAL SUPPORT SERVICES TO PURS UANT TO
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. THIS ARTICLE 100 AND INCLUDES THE OFFICE OF THE CHILD PROTECTION
OMBUDSMAN
, THE INDEPENDENT ETHICS COMMISSION, THE OFFICE OF PUBLIC
GUARDIANSHIP
, THE COMMISSION ON JUDICIAL DISCIPLINE, AND ANY OTHER
INDEPENDENT AGENCY ADDED TO THE JUDICIAL DEPARTMENT THAT
REQUIRES ADMINISTRATIVE SUPPORT SERVICES
.
(2) "O
FFICE" MEANS THE OFFICE OF ADMINISTRATIVE SERVICES FOR
INDEPENDENT AGENCIES CREATED IN SECTION
13-100-102.
13-100-102. Office of administrative services for independent
agencies - created - repeal. (1) T
HERE IS CREATED IN THE JUDICIAL
DEPARTMENT THE OFFICE OF ADMINISTRATIVE SERVICES FOR INDEPENDENT
AGENCIES TO ACT AS AN INDEPENDENT AGENCY THAT PROVIDES
CENTRALIZED ADMINISTRATIVE AND FISCAL SUPPORT SERVICES FOR THE
INCLUDED AGENCIES
.
(2) (a) B
Y JUNE 30, 2024, THE OFFICE AND THE JUDICIAL
DEPARTMENT SHALL ENTER INTO A MEMORANDUM OF UNDERST ANDING THAT
CONTAINS
, AT A MINIMUM, REQUIREMENTS RELATED TO THE ESTABLISHMENT
OF FISCAL RULES AND ONGOING ACCESS TO OR THE USE OF JUDICIAL
DEPARTMENT SYSTEMS
, CONTRACTS, OR RESOURCES THAT ARE IN THE
INTEREST OF PROVIDING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES
EFFICIENTLY AND AT LOW COST TO THE STATE
, WHICH INCLUDE JUDICIAL
DEPARTMENT SYSTEMS FOR ADMINISTERING PAYROLL
, BENEFITS, AND LEAVE
FOR EMPLOYEES OF THE AGENCIES SERVED BY THE OFFICE
.
(b) B
EGINNING JANUARY 1, 2025, THE PARTICIPATION BY INCLUDED
AGENCIES IN JUDICIAL DEPARTMENT SYSTEMS
, CONTRACTS, AND RESOURCES
THAT REQUIRE ADDITIONAL DIRECT COSTS TO THE JUDICIAL DEPARTMENT
SHALL BE DISCRETELY IDENTIFIED
, QUANTIFIED, NEGOTIATED AS NECESSARY,
INCORPORATED INTO THE MEMORANDUM OF UNDERSTANDING , AND PAID FOR
BY THE OFFICE
.
(c) T
HE OFFICE MAY NEGOTIATE SHARED RESOURCES FOR THE
INCLUDED AGENCIES
, AND THE INCLUDED AGENCIES MAY PARTICIPATE IN AN
OFFICE
-NEGOTIATED AGREEMENT OR MAY NEGOTIATE THEIR OWN
AGREEMENTS INDEPENDENTLY OF THE OFFICE
.
(3) T
HE OFFICE CONSISTS OF THE FOLLOWING STAFF MEMBERS :
PAGE 2-SENATE BILL 23-228 (a) A DIRECTOR;
(b) A
N ADMINISTRATIVE OFFICE MANAGER ;
(c) A
HUMAN RESOURCES ANALYST ;
(d) A
N ACCOUNTANT;
(e) A
PAYROLL ANALYST;
(f) A
BUDGET ANALYST; AND
(g) ANY OTHER STAFF PERSON DEEMED NECESSARY BY THE OFFICE
IF ADEQUATE FUNDING ALLOWS
.
(4)
THE OFFICE IS GOVERNED BY AN ADMINISTRATIVE BOARD THAT
CONSISTS OF THE DIRECTOR OF EACH INCLUDED AGENCY
, INCLUDING:
(a) T
HE OFFICE OF THE CHILD PROTECTION OMBUDSMAN ;
(b) T
HE INDEPENDENT ETHICS COMMISSION ;
(c) T
HE OFFICE OF PUBLIC GUARDIANSHIP; AND
(d) THE COMMISSION ON JUDICIAL DISCIPLINE.
(5) T
HROUGH JUNE 30, 2024, THE ADMINISTRATIVE BOARD IS
CHAIRED BY THE DIRECTOR OF THE OFFICE OF THE CHILD PROTECTION
OMBUDSMAN
. THEREAFTER, THE ADMINISTRATIVE BOARD SHALL APPOINT
ITS CHAIRMAN AND OFFICERS
, AS NECESSARY.
(6) T
HE ADMINISTRATIVE BOARD IS RESPONSIBLE FOR THE
FOLLOWING
:
(a) B
Y JULY 1, 2023, THE CHAIR ACTING FOR THE BOARD SHALL
CONTRACT WITH A HUMAN RESOURCES CONSULTANT
, WHO SHALL BE PAID
FROM OFFICE APPROPRIATIONS
, TO PROVIDE RECRUITING ASSISTANCE TO
HIRE AN OFFICE DIRECTOR
;
(b) B
Y OCTOBER 1, 2023, BY MAJORITY VOTE OF THE
PAGE 3-SENATE BILL 23-228 ADMINISTRATIVE BOARD, HIRING AN OFFICE DIRECTOR; AND
(c) BEGINNING JULY 1, 2024, FOLLOWING THE FIRST YEAR OF
IMPLEMENTATION AND ESTABLISHMENT OF THE OFFICE
, USING THE
ADMINISTRATIVE BOARD POLICIES ESTABLISHED PURSUANT TO SUBSECTION
(7)(d) OF THIS SECTION, AND AS AMENDED BY THE ADMINISTRATIVE BOARD
THEREAFTER
, PROVIDING ADMINISTRATIVE BOARD OVERSIGHT OF THE
OFFICE
, AS DEFINED IN THE ADMINISTRATIVE BOARD POLICIES .
(7) T
HE OFFICE DIRECTOR SHALL:
(a) H
IRE AT LEAST HALF OF THE STAFF POSITIONS IDENTIFIED IN
SUBSECTION
(3) OF THIS SECTION BY JANUARY 1, 2024, AND ALL OTHER
ANTICIPATED STAFF POSITIONS BY
MARCH 1, 2024;
(b) W
ORK IN PARTNERSHIP WITH THE JUDICIAL DEPARTMENT
THROUGH
JUNE 30, 2024, TO GUIDE AND SUPPORT THE TRANSITION OF
SERVICES PROVIDED TO THE INCLUDED AGENCIES AND AGENCIES IDENTIFIED
IN SUBSECTION
(9) OF THIS SECTION;
(c) A
DMINISTER THE OFFICE IN ACCORDANCE WITH A MEMORANDUM
OF UNDERSTANDING WITH THE JUDICIAL DEPARTMENT
; AND
(d) IN CONSULTATION WITH THE ADMINISTRATIVE BOARD , ESTABLISH
OFFICE OPERATING POLICIES AND ADMINISTRATIVE BOARD POLICIES BY
JUNE
30, 2024.
(8) B
EGINNING JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR
PROVIDING THE FOLLOWING TO THE INCLUDED AGENCIES
:
(a) B
UDGET, ACCOUNTING, PAYROLL, AND HUMAN RESOURCES
SERVICES
;
(b) C
ENTRALIZED BUDGET SUPPORT THAT PRESERVES
ORGANIZATIONAL INDEPENDENCE CONCERNING BUDGET DECISIONS AND
PROVIDES A CONSOLIDATED AND STREAMLINED BUDGET SUBMISSION
PROCESS FOR ALL INCLUDED AGENCIES
;
(c) G
UIDANCE AND DIRECTION , BUT NOT THE EXECUTION OR
PRIMARY PROVISION OF DIRECT SERVICES FOR
, CONTRACTS, PURCHASING,
PAGE 4-SENATE BILL 23-228 AND PROCUREMENT; AND
(d) IN CONSULTATION WITH INCLUDED AGENCIES , MAINTENANCE OF
A SINGLE
, CONSOLIDATED COMPENSATION PLAN FOR ALL OCCUPATIONAL
CLASSES IN THE INCLUDED AGENCIES
. THE INCLUDED AGENCIES MUST
RETAIN INDEPENDENCE IN DEFINING EACH INCLUDED AGENCY
'S
ORGANIZATIONAL STAFF POSITIONS
, STRUCTURES, AND PERSONNEL RULES.
(9) B
Y JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR PROVIDING
PAYROLL SERVICES AND HUMAN RESOURCES FOR THE OFFICE OF ALTERNATE
DEFENSE COUNSEL
, THE OFFICE OF THE CHILD'S REPRESENTATIVE, AND THE
OFFICE OF THE RESPONDENT PARENTS
' COUNSEL. THE OFFICE MAY PROVIDE
CONSOLIDATED COMPENSATION PLAN SERVICES EQUIVALENT TO THOSE
PROVIDED IN SUBSECTION
(8)(d) OF THIS SECTION FOR THESE AGENCIES AT
THE AGENCIES
' DISCRETION.
(10) T
HE JUDICIAL DEPARTMENT SHALL PROVIDE THE OFFICE WITH
OFFICE SPACE IN THE
RALPH L. CARR COLORADO JUDICIAL CENTER.
(11) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL
WORK IN PARTNERSHIP WITH THE OFFICE TO GUIDE AND SUPPORT THE
TRANSITION OF SUPPORT SERVICES PROVIDED TO THE INCLUDED AGENCIES
AND AGENCIES IDENTIFIED IN SUBSECTION
(9) OF THIS SECTION, TO THE
OFFICE
. THE JUDICIAL DEPARTMENT IS RESPONSIBLE FOR EFFECTUATING A
SUCCESSFUL TRANSFER OF SUPPORT SERVICES TO THE OFFICE IN A WAY THAT
ENABLES THE OFFICE TO INDEPENDENTLY DELIVER SUPPORT SERVICES AFTER
JUNE 30, 2024.
(12) (a) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL
PROVIDE THE OFFICE WITH ACCOUNTING SUPPORT
, INFORMATION
TECHNOLOGY SUPPORT
, HUMAN RESOURCES AND PAYROLL SERVICES , AND
SIMILAR SUPPORT SERVICES
, WITHOUT COST TO THE OFFICE.
(b) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL
CONTINUE TO PROVIDE SERVICES TO THE INDEPENDENT AGENCIES AS
OUTLINED IN STATUTE AND EXISTING MEMORANDUMS OF UNDERSTANDING
WITH THE INCLUDED AGENCIES
.
(c) T
HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2024.
PAGE 5-SENATE BILL 23-228 (13) (a) THROUGH DECEMBER 31, 2024, THE JUDICIAL DEPARTMENT
SHALL PROVIDE THE OFFICE WITH ACCESS TO OR THE USE OF DEPARTMENT
SYSTEMS
, CONTRACTS, AND RESOURCES THAT ARE IN THE INTEREST OF
PROVIDING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES EFFICIENTLY
AND AT LOW COST TO THE STATE
, WHICH INCLUDE JUDICIAL DEPARTMENT
SYSTEMS FOR ADMINISTERING PAYROLL
, BENEFITS, AND LEAVE FOR
EMPLOYEES OF AGENCIES SERVED BY THE OFFICE
, WITHOUT COST TO THE
OFFICE AS OUTLINED IN THE MEMORANDUM OF UNDERSTANDING
.
(b) B
EGINNING JANUARY 1, 2025, THE PARTICIPATION BY INCLUDED
AGENCIES IN JUDICIAL DEPARTMENT SYSTEMS
, CONTRACTS, OR RESOURCES
THAT REQUIRE ADDITIONAL DIRECT COST TO THE JUDICIAL DEPARTMENT
SHALL BE DISCRETELY IDENTIFIED
, QUANTIFIED, NEGOTIATED AS NECESSARY,
INCORPORATED INTO THE MEMORANDUM OF UNDERSTANDING , AND PAID FOR
BY THE OFFICE
.
SECTION 2. In Colorado Revised Statutes, 13-5.3-103, amend (3)
and add (4) as follows:
13-5.3-103. Office of judicial discipline - created - executive
director - duties - oversight - repeal. (3) The department shall provide the
commission and the office with office space in the Ralph L. Carr Colorado
judicial center. Through June 30, 2023, the department or the office of
attorney regulation counsel shall provide the commission and the office
with accounting support, information technology support, human resources
and payroll services, and similar support services to the same extent,
without cost to the commission or the office, and on the same terms as the
department provides such support to the Colorado judicial performance
commissions.
(4) (a) THROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL
PROVIDE THE COMMISSION AND THE OFFICE WITH ACC OUNTING
, BUDGETING,
HUMAN RESOURCES, INFORMATION TECHNOLOGY, AND PAYROLL SUPPORT TO
THE SAME EXTENT
, WITHOUT COST TO THE COMMISSION OR THE OFFICE ,
UNTIL THOSE SERVICES CAN BE PROVIDED TO THE COMMISSION AND THE
OFFICE THROUGH THE OFFICE OF ADMINISTRATIVE SERVICES FOR
INDEPENDENT AGENCIES
, CREATED IN SECTION 13-100-102.
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.
PAGE 6-SENATE BILL 23-228 SECTION 3. In Colorado Revised Statutes, repeal
13-94-105(1)(d), as amended by Senate Bill 23-064.
SECTION 4. In Colorado Revised Statutes, 19-3.3-102, add
(1)(a.5)(VI) as follows:
19-3.3-102. Office of the child protection ombudsman
established - child protection ombudsman advisory board -
qualifications of ombudsman - duties - repeal. (1) (a.5) The office and
the judicial department shall operate pursuant to a memorandum of
understanding between the two entities. The memorandum of understanding
contains, at a minimum:
(VI) S
UBSECTIONS (1)(a.5)(IV)(A) TO (1)(a.5)(IV)(F) OF THIS
SECTION AND THIS SUBSECTION
(1)(a.5)(VI) ARE REPEALED, EFFECTIVE JULY
1, 2024.
SECTION 5. Appropriation - adjustments to 2023 long bill. To
implement this act, the general fund appropriation made in the annual
general appropriation act for the 2023-24 state fiscal year to the judicial
department for use by the commission on judicial discipline for the office
of judicial discipline is decreased by $339,073, and the related FTE is
decreased by 4.0 FTE.
SECTION 6. Appropriation. (1) For the 2023-24 state fiscal year,
$746,909 is appropriated to the judicial department for use by the office of
administrative services for independent agencies. This appropriation is from
the general fund and is based on an assumption that the office will require
an additional 6.0 FTE. To implement this act, the office may use this
appropriation for program costs.
(2) For the 2023-24 state fiscal year, $100,453 is appropriated to the
judicial department. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for the
purchase of legal services.
(3) For the 2023-24 state fiscal year, $100,453 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the judicial department under subsection (2) of this section and is
based on an assumption that the department of law will require an
PAGE 7-SENATE BILL 23-228 additional 0.5 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the judicial department.
SECTION 7. Effective date. (1) Except as otherwise provided in
this section, this act takes effect upon passage.
(2) Section 3 of this act takes effect only if Senate Bill 23-064
becomes law.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 8-SENATE BILL 23-228 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-228