First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0870.03 Chelsea Princell x4335
SENATE BILL 23-228
Senate Committees House Committees
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
SENATE
2nd Reading Unamended
March 29, 2023
SENATE SPONSORSHIP
Bridges and Kirkmeyer, Zenzinger
HOUSE SPONSORSHIP
Bird and Bockenfeld, Sirota
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.17
(6) T
HE ADMINISTRATIVE BOARD, OR THE CHAIR ACTING FOR THE18
BOARD, IS RESPONSIBLE FOR THE FOLLOWING:19
(a) B
Y JULY 1, 2023, CONTRACTING WITH A HUMAN RESOURCES20
CONSULTANT, WHO SHALL BE PAID FROM OFFICE APPROPRIATIONS , TO21
PROVIDE RECRUITING ASSISTANCE TO HIRE AN OFFICE DIRECTOR ;22
(b) B
Y OCTOBER 1, 2023, BY MAJORITY VOTE OF THE23
ADMINISTRATIVE BOARD, HIRING AN OFFICE DIRECTOR; AND24
(c) B
EGINNING JULY 1, 2024, FOLLOWING THE FIRST YEAR OF25
IMPLEMENTATION AND ESTABLISHMENT OF THE OFFICE , USING THE26
ADMINISTRATIVE BOARD POLICIES ESTABLISHED PURSUANT TO27
228
-4- SUBSECTION (7)(d) OF THIS SECTION, AND AS AMENDED BY THE1
ADMINISTRATIVE BOARD THEREAFTER , PROVIDING ADMINISTRATIVE2
BOARD OVERSIGHT FOR THE OFFICE, AS DEFINED IN THE ADMINISTRATIVE3
BOARD POLICIES.4
(7) T
HE OFFICE DIRECTOR SHALL:5
(a) H
IRE AT LEAST HALF OF THE STAFF POSITIONS IDENTIFIED IN6
SUBSECTION (3) OF THIS SECTION BY JANUARY 1, 2024, AND ALL OTHER7
ANTICIPATED STAFF POSITIONS BY MARCH 1, 2024;8
(b) W
ORK IN PARTNERSHIP WITH THE JUDICIAL DEPARTMENT9
THROUGH JUNE 30, 2024, TO GUIDE AND SUPPORT THE TRANSITION OF10
SERVICES PROVIDED TO THE INCLUDED AGENCIES AND AGENCIES11
IDENTIFIED IN SUBSECTION (9) OF THIS SECTION;12
(c) A
DMINISTER THE OFFICE IN ACCORDANCE WITH A13
MEMORANDUM OF UNDERSTANDING WITH THE JUDICIAL DEPARTMENT ;14
AND15
(d) E
STABLISH OFFICE OPERATING POLICIES AND ADMINISTRATIVE16
BOARD POLICIES BY JUNE 30, 2024.17
(8) B
EGINNING JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR18
PROVIDING THE FOLLOWING TO THE INCLUDED AGENCIES :19
(a) B
UDGET, ACCOUNTING, PAYROLL, AND HUMAN RESOURCES20
SERVICES;21
(b) C
ENTRALIZED BUDGET SUPPORT THAT PRESERVES22
ORGANIZATIONAL INDEPENDENCE CONCERNING BUDGET DECISIONS AND23
PROVIDES A CONSOLIDATED AND STREAMLINED BUDGET SUBMISSION24
PROCESS FOR ALL INCLUDED AGENCIES ;25
(c) G
UIDANCE AND DIRECTION , BUT NOT THE EXECUTION OR26
PRIMARY PROVISION OF DIRECT SERVICES FOR, CONTRACTS, PURCHASING,27
228
-5- AND PROCUREMENT; AND1
(d) I
N CONSULTATION WITH INCLUDED AGENCIES , MAINTENANCE2
OF A SINGLE, CONSOLIDATED COMPENSATION PLAN FOR ALL3
OCCUPATIONAL CLASSES IN THE INCLUDED AGENCIES . THE INCLUDED4
AGENCIES MUST RETAIN INDEPENDENCE IN DEFINING EACH INCLUDED5
AGENCY'S ORGANIZATIONAL STAFF POSITIONS , STRUCTURES, AND6
PERSONNEL RULES.7
(9) B
Y JULY 1, 2024, THE OFFICE IS RESPONSIBLE FOR PROVIDING8
PAYROLL SERVICES AND HUMAN RESOURCES FOR THE OFFICE OF9
ALTERNATE DEFENSE COUNSEL , THE OFFICE OF THE CHILD 'S10
REPRESENTATIVE, AND THE OFFICE OF THE RESPONDENT PARENTS '11
COUNSEL. THE OFFICE MAY PROVIDE CONSOLIDATED COMPENSATION PLAN12
SERVICES EQUIVALENT TO THOSE PROVIDED IN SUBSECTION (8)(d) OF THIS13
SECTION FOR THESE AGENCIES AT THE AGENCIES ' DISCRETION.14
(10) T
HE JUDICIAL DEPARTMENT SHALL PROVIDE THE OFFICE WITH15
OFFICE SPACE IN THE RALPH L. CARR COLORADO JUDICIAL CENTER.16
(11) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL17
WORK IN PARTNERSHIP WITH THE OFFICE TO GUIDE AND SUPPORT THE18
TRANSITION OF SUPPORT SERVICES PROVIDED TO THE INCLUDED AGENCIES19
AND AGENCIES IDENTIFIED IN SUBSECTION (9) OF THIS SECTION, TO THE20
OFFICE. THE JUDICIAL DEPARTMENT IS RESPONSIBLE FOR EFFECTUATING A21
SUCCESSFUL TRANSFER OF SUPPORT SERVICES TO THE OFFICE IN A WAY22
THAT ENABLES THE OFFICE TO INDEPENDENTLY DELIVER SUPPORT23
SERVICES AFTER JUNE 30, 2024.24
(12) (a) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT25
SHALL PROVIDE THE OFFICE WITH ACCOUNTING SUPPORT , INFORMATION26
TECHNOLOGY SUPPORT, HUMAN RESOURCES AND PAYROLL SERVICES , AND27
228
-6- SIMILAR SUPPORT SERVICES, WITHOUT COST TO THE OFFICE.1
(b) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT SHALL2
CONTINUE TO PROVIDE SERVICES TO THE INDEPENDENT AGENCIES AS3
OUTLINED IN STATUTE AND EXISTING MEMORANDUMS OF UNDERSTANDING4
WITH THE INCLUDED AGENCIES.5
(c) T
HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2024.6
(13) (a) T
HROUGH DECEMBER 31, 2024, THE JUDICIAL7
DEPARTMENT SHALL PROVIDE THE OFFICE WITH ACCESS TO OR THE USE OF8
DEPARTMENT SYSTEMS , CONTRACTS, AND RESOURCES THAT ARE IN THE9
INTEREST OF PROVIDING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES10
EFFICIENTLY AND AT LOW COST TO THE STATE , WHICH INCLUDE JUDICIAL11
DEPARTMENT SYSTEMS FOR ADMINISTERING PAYROLL , BENEFITS, AND12
LEAVE FOR EMPLOYEES OF AGENCIES SERVED BY THE OFFICE , WITHOUT13
COST TO THE OFFICE AS OUTLINED IN THE MEMORANDUM OF14
UNDERSTANDING.15
(b) B
EGINNING JANUARY 1, 2025, THE PARTICIPATION BY16
INCLUDED AGENCIES IN JUDICIAL DEPARTMENT SYSTEMS , CONTRACTS, OR17
RESOURCES THAT REQUIRE ADDITIONAL DIRECT COST TO THE JUDICIAL18
DEPARTMENT SHALL BE DISCRETELY IDENTIFIED , QUANTIFIED,19
NEGOTIATED AS NECESSARY, INCORPORATED INTO THE MEMORANDUM OF20
UNDERSTANDING, AND PAID FOR BY THE OFFICE.21
SECTION 2. In Colorado Revised Statutes, 13-5.3-103, amend22
(3) and add (4) as follows:23
13-5.3-103. Office of judicial discipline - created - executive24
director - duties - oversight - repeal. (3) The department shall provide25
the commission and the office with office space in the Ralph L. Carr26
Colorado judicial center. Through June 30, 2023, the department or the
27
228
-7- office of attorney regulation counsel shall provide the commission and the1
office with accounting support, information technology support, human2
resources and payroll services, and similar support services to the same3
extent, without cost to the commission or the office, and on the same4
terms as the department provides such support to the Colorado judicial5
performance commissions.6
(4) (a) T
HROUGH JUNE 30, 2024, THE JUDICIAL DEPARTMENT7
SHALL PROVIDE THE COMMISSION AND THE OFFICE WITH ACCOUNTING ,8
BUDGETING, HUMAN RESOURCES , INFORMATION TECHNOLOGY , AND9
PAYROLL SUPPORT TO THE SAME EXTENT , WITHOUT COST TO THE10
COMMISSION OR THE OFFICE, UNTIL THOSE SERVICES CAN BE PROVIDED TO11
THE COMMISSION AND THE OFFICE THR OUGH THE OFFICE OF12
ADMINISTRATIVE SERVICES FOR INDEPENDENT AGENCIES , CREATED IN13
SECTION 13-100-102.14
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.15
SECTION 3. In Colorado Revised Statutes, repeal16
13-94-105(1)(d), as amended by Senate Bill 23-064.17
SECTION 4. In Colorado Revised Statutes, 19-3.3-102, add18
(1)(a.5)(VI) as follows:19
19-3.3-102. Office of the child protection ombudsman20
established - child protection ombudsman advisory board -21
qualifications of ombudsman - duties - repeal. (1) (a.5) The office and22
the judicial department shall operate pursuant to a memorandum of23
understanding between the two entities. The memorandum of24
understanding contains, at a minimum:25
(VI) S
UBSECTIONS (1)(a.5)(IV)(A) TO (1)(a.5)(IV)(F) OF THIS26
SECTION AND THIS SUBSECTION (1)(a.5)(VI) ARE REPEALED, EFFECTIVE27
228
-8- JULY 1, 2024.1
SECTION 5. Appropriation - adjustments to 2023 long bill. To2
implement this act, the general fund appropriation made in the annual3
general appropriation act for the 2023-24 state fiscal year to the judicial4
department for use by the commission on judicial discipline for the office5
of judicial discipline is decreased by $339,073, and the related FTE is6
decreased by 4.0 FTE.7
SECTION 6. Appropriation. (1) For the 2023-24 state fiscal8
year, $746,909 is appropriated to the judicial department for use by the9
office of administrative services for independent agencies. This10
appropriation is from the general fund and is based on an assumption that11
the office will require an additional 6.0 FTE. To implement this act, the12
office may use this appropriation for program costs.13
(2) For the 2023-24 state fiscal year, $100,453 is appropriated to14
the judicial department. This appropriation is from the general fund. To15
implement this act, the department may use this appropriation for the16
purchase of legal services.17
(3) For the 2023-24 state fiscal year, $100,453 is appropriated to18
the department of law. This appropriation is from reappropriated funds19
received from the judicial department under subsection (2) of this section20
and is based on an assumption that the department of law will require an21
additional 0.5 FTE. To implement this act, the department of law may use22
this appropriation to provide legal services for the judicial department.23
SECTION 7. Effective date. (1) Except as otherwise provided24
in this section, this act takes effect upon passage.25
(2) Section 3 of this act takes effect only if Senate Bill 23-06426
becomes law.27
228
-9- SECTION 8. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
228
-10-