DCS Statutes
The Division of Central Services (DCS) has been evolving ever since 1976, when State Statute created the Division's existence.
In 2016, the Division was restructured by moving the State Fleet Management and the Capitol Complex Facilities Management into a new division, the Division of Capital Assets.
The Division of Central Services then added the Colorado State Arhives under the DCS umbrella with the Address Confidentiality Program (ACP) and Integrated Document Solutions (IDS). For the full history, go to the DCS About Us page.
The DCS Statutes below are in full, meaning the State Fleet Management and the Capitol Complex Facilities Management were not separated and are still part of the DCS Statutes, but can be viewed on the DCA website as well.
Colorado Revised Statutes - 2019
TITLE 24 - ARTICLE 30
Department of Personnel - State Administrative Support Services
PART 11
DIVISION OF CENTRAL SERVICES
determines, and declares that:
(a) Services such as printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar services are being widely used by the state of Colorado as a practical and economical means of improving administrative production and efficiency;
(b) and (c) (Deleted by amendment, L. 2004, p. 305, § 1, effective August 4, 2004.)
(d) Meeting the service needs of state departments, institutions, and agencies in efficient and economical ways within the resource capabilities of the state is the prime goal of the department of personnel policy;
(e) To most effectively utilize resources committed to existing services and to assure the best services at competitive costs to user agencies while preserving the managerial prerogatives and responsibilities assigned to department and agency heads by statute and otherwise, it is necessary to establish central planning, control, and coordination of service activities.
Source: L. 77: Entire part added, p. 1177, § 3, effective June 20. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 305, § 1, effective August 4. L. 2018: (1)(d) amended, (HB 18-1375), ch. 274, p. 1706, § 38, effective May 29.
24-30-1102. Definitions.
As used in this Part 11, unless the context otherwise requires:
(1) "Cost" means the direct cost of providing goods or services including, but not limited to, the total cost of labor and all related benefits, maintenance costs, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, financing, supervision, engineering, clerical and accounting services, the value of the use of equipment, including its depreciation or replacement value, and an equitable share of other administrative costs not otherwise directly attributable to a particular good or service which may be reasonably apportioned to each particular service in accordance with generally accepted accounting principles and standards.
(2) "Director" or "executive director" means the executive director of the department of personnel.
(3) (Deleted by amendment, L. 96, p. 1497, § 8, effective June 1, 1996.)
(4) "Services" means printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar support functions that are or may be used by the state of Colorado as a practical and economical means of improving administrative production and efficiency.
(5) "State agency" means this state or any department, board, bureau, commission, institution, or other agency of the state; except that "state agency" shall not include any state institution of higher education, the Auraria higher education center, or the state board of stock inspection commissioners, created pursuant to section 35-41-101, C.R.S.
(6) (a) "State-owned motor vehicle" means all motor vehicles owned by the state or any agency of the state that shall include all two- and four-wheel drive trucks, all passenger vehicles including cars, vans, station wagons and other similar passenger vehicles, and any other vehicle not described herein that may be designated as a state-owned motor vehicle if a state agency requests such designation; except that "state-owned motor vehicle" shall not include any vehicle rated at one ton or more that is:
(I) (Deleted by amendment, L. 2010, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9, 2010.)
(II) A specialized vehicle used for the purposes of construction or maintenance, and owned, operated, or controlled by the department of transportation.
(b) "State-owned motor vehicle" shall not include any vehicle donated to a specific state agency.
Source: L. 77:
Entire part added, p. 1178, § 3, effective June 20. L. 91: Entire section amended, p. 863, § 1, effective April 20. L. 92: (3), (4), (5), and (6) added, p. 999, § 1, effective July 1. L. 96: (2) and (3) amended, p. 1497, § 8, effective June 1. L. 2004: (4) amended, p. 305, § 2, effective August 4. L. 2006: (6) amended, p. 1071, § 1, effective August 7. L. 2007: (6) amended, p. 1260, § 1, effective May 25. L. 2010: (5) amended, (HB 10-1181), ch. 351, p. 1621, § 3, effective June 7; (5) and (6)(a)(I) amended, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9.
Editor's note:
(1) Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act amending subsection (6) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.
(2) Amendments to subsection (5) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.
Cross references: For the legislative declaration in the 2010 act amending subsections (5) and (6)(a)(I), see section 1 of chapter 391, Session Laws of Colorado 2010.
24-30-1103. Central Services.
(1) (Deleted by amendment, L. 96, p. 1497, § 9, effective June 1, 1996.)
(2) The powers, duties, and functions concerning central services, specified by this Part 11, shall be administered as if transferred by a type 2 transfer, as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of this title, to the department of personnel.
Source: L. 77:
Entire part added, p. 1178, § 3, effective June 20. L. 95: Entire section amended, p. 647, § 46, effective July 1. L. 96: Entire section amended, p. 1497, § 9, effective June 1.
Cross references:
For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1104. Functions of the department - definitions.
(1) Within the counties of Adams, Arapahoe, Boulder, Douglas, Pueblo, El Paso, and Jefferson, the city and county of Broomfield, and the city and county of Denver, and within any other areas in the state of Colorado where central services are offered, the department of personnel shall perform the following functions for the executive branch of the state of Colorado, its departments, institutions, and agencies, under the direction of the executive director:
(a) Formulate, in consultation with state departments, institutions, and agencies, recommendations for a strategic plan for approval of the executive director of the department of personnel and the governor no later than January 1 of 2005 and every five years thereafter;
(b) Review all existing and future services, service applications, software related to services, planning systems, personnel, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this Part 11;
(c) Establish procedures and standards for management of service functions set forth in this Part 11 for all state departments, institutions, and agencies;
(d) Establish and maintain facilities as needed to carry out the duties set forth in this Part 11, including but not limited to those listed;
(e) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(f) Advise the governor and the general assembly on central services matters;
(g) Prepare and submit such reports as are required by this Part 11 or which the governor or the general assembly may request;
(h) Approve or disapprove the acquisition of services, service equipment, and software related to services by any state department, institution, or agency and approve, modify, or disapprove the staffing pattern for service operations by any state department, institution, or agency in accordance with the approved plan;
(i) Continually study and assess service operations and needs of state departments, institutions, and agencies;
(j) Provide services, equipment, and facilities as required pursuant to this Part 11 for state departments, institutions, and agencies according to their needs;
(k) Establish, in consultation with other state departments, institutions, and agencies, techniques and standards for microfilm, digital imaging, and digital conversion and evidentiary certification of photographs, microphotographs, or reproductions;
(l) Notify state agencies through written statements, which may include electronic statements, prepared by the department of personnel that state agencies may obtain goods and services directly from the private sector, if the cost and quality of such goods or services offered by the private sector are competitive with those provided by the department of personnel;
(m) Offer services to any state institution of higher education that chooses to purchase such services. When an institution of higher education intends to purchase a service provided by the department, the institution shall include the department in any solicitation or vendor qualification process for the service. Whenever practicable, institutions of higher education shall seek partnerships with the department for the purpose of procuring services at a cost savings to the institution and the state.
(1.5) The department of personnel shall establish a rule providing for a waiver to a state agency of subsection (1) of this section when the state agency can procure the services described in this Part 11 at a net cost savings to the state.
(2) In addition to the county-specific functions set forth in subsection (1) of this section, the department of personnel shall take such steps as are necessary to fully implement a central state motor vehicle fleet system by January 1, 1993. The provisions of the motor vehicle fleet system created pursuant to this subsection (2) apply to the executive branch of the state of Colorado, its departments, its institutions, and its agencies; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this subsection (2) and may obtain a motor vehicle fleet system independent of the state motor vehicle fleet system. Under the direction of the executive director, the department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state:
(a) Establish and operate a central state motor vehicle fleet system and such subsidiary related facilities as are necessary to provide for the efficient and economical use of state-owned motor vehicles by state officers and employees;
(b) Establish and operate central facilities for the maintenance, repair, and storage of state-owned passenger motor vehicles for the use of state agencies; utilize any available state facilities for that purpose; and enter into contracts with such facilities as are necessary to carry out the provisions of this Part 11;
(c) (I) Adopt uniform rules for motor vehicle acquisition, operation, maintenance, repair, and disposal standards. Uniform rules adopted by the executive director of the department of personnel pertaining to acquisition of motor vehicles by lease or purchase shall provide that low energy consumption shall be a favorable factor in determining the low responsible bidder. The size of any passenger motor vehicle shall not be greater than necessary to accomplish its purpose.
(II) By January 1, 2008, the executive director shall adopt a policy to significantly increase the utilization of alternative fuels and that establishes increasing utilization objectives for each following year. To encourage compliance with this policy, the rules promulgated pursuant to this subsection (2)(c) may establish progressively more stringent percentage mileposts and, for fiscal years commencing after July 1, 2004, require the collection of data concerning the annual percentage of state-owned bi-fueled vehicles that were fueled exclusively with an alternative fuel. For the years commencing on January 1, 2008, and January 1, 2009, the executive director shall purchase flexible fuel vehicles or hybrid vehicles, subject to availability, unless the increased cost of such vehicle is more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. Beginning on January 1, 2010, the executive director shall purchase motor vehicles that operate on compressed natural gas, plug-in hybrid electric vehicles, or vehicles that operate on other alternative fuels, subject to their availability and the availability of adequate fuel and fueling infrastructure, if either the increased base cost of such vehicle or the increased life-cycle cost of such vehicle is not more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. The executive director shall adopt a policy to allow some vehicles to be exempted from this requirement. Notwithstanding section 24-1-136 (11)(a)(I), the executive director or the director's designee shall submit an annual report to the transportation committees of the senate and the house of representatives, or any successor committees, and the joint budget committee of the general assembly, detailing the items specified in subsection (2)(c)(V) of this section. As used in this subsection (2)(c)(II):
(A) "Flexible fuel vehicle" means any dedicated flexible-fuel or dual-fuel vehicle designed to operate on at least one alternative fuel.
(B) "Hybrid vehicle" means a motor vehicle with a hybrid propulsion system that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel.
(III) For purposes of this paragraph (c):
(A) "Alternative fuel" has the meaning established in section 25-7-106.8, C.R.S.
(B) "Bi-fueled vehicle" means a motor vehicle, which may be purchased to comply with applicable federal requirements including, but not limited to, the federal "Energy Policy Act of 1992", 42 U.S.C. sec. 13257, and 42 U.S.C. sec. 7587, that can operate on both an alternative fuel and a traditional fuel or that can operate alternately on a traditional fuel and an alternative fuel.
(C) "Biodiesel" means fuel composed of mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meet ASTM specifications and that is produced in Colorado.
(D) "Life-cycle cost" means the purchase cost of a vehicle minus the resale value at the end of the vehicle's expected useful life, in addition to the fuel, operating, and maintenance costs incurred during the vehicle's expected useful life. Fuel costs per mile traveled shall be calculated based on the reference case projections published by the United States energy information administration for the expected useful life of the vehicle. The expected useful life of a vehicle shall be the standard that is set by the state fleet management program for analysis and life-cycle costing purposes.
(IV) (A) By January 1, 2007, the director shall adopt a policy that all state-owned diesel vehicles and equipment shall be fueled with a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel, subject to availability and so long as the price is no greater than ten cents more per gallon than the price of diesel fuel. The director shall provide for the proper administration, implementation, and enforcement of the policy.
(B) Repealed.
(V) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2013, and each November 1 thereafter, the executive director or the director's designee shall submit a report to the general assembly as specified in subsection (2)(c)(II) of this section. The report must include, but need not be limited to, the following:
(A) The number of vehicles that the executive director or the director's designee purchased since January 1, 2008, for the motor vehicle fleet system that operate on compressed natural gas and other alternative fuels;
(B) An estimate of the number of dedicated petroleum fuel vehicles that the executive director or the director's designee purchased for the motor vehicle fleet system since January 1, 2008, instead of a vehicle that operates on compressed natural gas or other alternative fuel because the base cost or life-cycle cost of the compressed natural gas vehicle or other alternative fuel vehicle was more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle;
(C) An explanation of the availability of adequate fuel and fueling infrastructure in the state for compressed natural gas vehicles and other alternative fuel vehicles and whether limited availability of fuel or fueling infrastructure contributes to the purchase of dedicated petroleum fuel vehicles for the motor vehicle fleet system instead of vehicles that operate on compressed natural gas and other alternative fuels;
(D) A summary of the policy that allows the executive director to exempt some vehicles from the requirement to purchase vehicles that operate on compressed natural gas and the percentage of dedicated petroleum fuel vehicles that the director purchased pursuant to this exemption;
(E) A summary of the administrative procedures or policies in place within the department, if any, that are intended to facilitate the purchase of vehicles that operate on compressed natural gas and other alternative fuels;
(F) The executive director's suggested changes to the requirements and limitations of subparagraph (II) of this paragraph (c) or other state law that would facilitate the gradual conversion of the motor vehicle fleet system to vehicles that operate on compressed natural gas and other alternative fuels, allow the state to account for the benefit of reduced emissions from vehicles that operate on compressed natural gas and other alternative fuels in its analysis regarding the purchase of such vehicles, and enable the department to provide the best value to the state in the motor vehicle fleet system while purchasing vehicles that operate on compressed natural gas and other alternative fuels; and
(G) A plan for putting in place the infrastructure necessary to support vehicles in the state's motor vehicle fleet system that operate on compressed natural gas and other alternative fuels.
(d) (I) Require that all state agencies transfer custody of certificates of title to all state-owned motor vehicles that are owned by such agencies to the department of personnel for the purpose of compiling complete data on all motor vehicles owned by the state;
(II) Require that all motor vehicles presently owned by state agencies be entered into the state fleet management program. Per-mile costs for the program shall be determined by criteria established by the department of personnel.
(III) (Deleted by amendment, L. 96, p. 1498, § 10, effective June 1, 1996.)
(IV) Require that any department, institution, or agency of the executive branch of the
state that owns, operates, or controls vehicles that are not part of the central state motor vehicle fleet system provide the department of personnel with information requested by the department for the purpose of compiling complete data on all motor vehicles owned by the state.
(e) Require that all vehicles purchased after July 1, 1992, shall be owned by the department of personnel and leased and permanently assigned to state agencies. Purchases shall be based on specifications as requested by the state agency in cooperation and consultation with the department of personnel and the motor vehicle advisory council.
(f) Maintain, store, repair, dispose of, and replace state-owned motor vehicles under the control of the department of personnel. The department of personnel shall ensure that state-owned motor vehicles are not routinely replaced until they meet the replacement criteria relating to mileage, cost, safety, and other relevant factors established by the department.
(g) Establish and maintain a centralized record-keeping system for the acquisition, operation, maintenance, repair, and disposal of all motor vehicles in the fleet;
(h) Assign suitable transportation, either on a temporary or permanent basis to any state agency upon: Proper requisition; proper showing of need for use on authorized state business; or approved commuting as provided in section 24-30-1113;
(i) Establish and maintain a record-keeping system for the assignment and use of each vehicle in the motor fleet, which shall include:
(I) Verification from the executive director of a state agency or the executive director's designee that any employee driving a state vehicle has a valid driver's license;
(II) A statement of the authorized state business or other approved purpose for which the vehicle is assigned;
(III) Any other information which the director determines is necessary to carry out the purposes and provisions of this Part 11;
(j) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(k) Allocate and charge against each state agency to which transportation is furnished, on the basis of mileage or on the basis of the period of time for which each vehicle is assigned to the agency, its proportionate part of the cost of maintenance and operation of the motor vehicle fleet;
(l) Enforce such rules and regulations as may be adopted by the director pursuant to the provisions of this Part 11;
(m) Delegate or conditionally delegate to the respective heads of agencies to which state-owned motor vehicles are permanently assigned such duties as may be designated by the director for the enforcement of all or part of the rules and regulations adopted by the department of personnel;
(n) Require state agencies, officers, and employees to keep all records and make all reports regarding state-owned motor vehicle use as provided in rules and regulations adopted by the department of personnel;
(o) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(p) Negotiate and enter into contracts for the purchase or lease of such personal property as is deemed necessary to achieve the purposes and provisions of this Part 11;
(q) Adopt an annual operating budget;
(r) Supervise and be responsible for the expenditure of moneys appropriated to carry out the purposes and provisions of this Part 11;
(s) Exercise any other powers or perform any other duties that are reasonably necessary for the fulfillment of the powers and duties assigned to the department of personnel pursuant to this Part 11;
and
(t) Require that the federal environmental protection agency mile-per-gallon rating for all motor vehicles purchased for the state-owned motor vehicle fleet on or after January 1, 2007, meet or exceed the average fuel efficiency standards as established pursuant to the federal "Energy Policy and Conservation Act", 15 U.S.C. sec. 2001, et seq., recodified as 49 U.S.C. sec. 32901 et seq.
(3) Repealed.
(4) In addition to any other duties imposed by this section, the department of personnel shall establish and maintain a program for parking permits and building and grounds maintenance for the state capitol buildings group pursuant to part 1 of article 82 of this title.
Source: L. 77:
Entire part added, p. 1178, § 3, effective June 20. L. 91: (1)(a) amended and (1)(l) added, p. 863, § 2, effective April 20. L. 92: (2) added, p. 1000, § 2, effective July 1. L. 93: (2)(i)(I) amended, p. 351, § 1, effective April 12; (3) added, p. 1829, § 1, effective July 1. L. 95: (2)(d)(III)(A) amended, p. 1104, § 38, effective May 31; IP(1), (1)(a), and (2) amended, p. 647, § 47, effective July 1. L. 96: IP(1), (1)(a), (1)(c) to (1)(f), (1)(j), IP(2), (2)(c) to (2)(f), (2)(m), (2)(n), (2)(s), and (3) amended, p. 1498, § 10, effective June 1. L. 2003: (3) amended, p. 984, § 1, effective April 17; (2)(c) amended, p. 1236, § 4, effective September 1. L. 2004: IP(2) amended, p. 602, § 1, effective July 1; (1)(a), (1)(b), (1)(e), (1)(h), (1)(k), (1)(l), (2)(d)(II), (2)(f), (2)(h), (2)(j), and (2)(o) amended and (4) added, p. 306, § 3, effective August 4. L. 2006: IP(2) and (2)(c)(III) amended and (2)(c)(IV) added, p. 152, § 1, effective July 1; (2)(d)(IV) and (2)(t) added, pp. 1071, 1072, §§ 2, 3, effective August 7. L. 2007: (2)(c)(II) amended, p.1758, § 1, effective June 1; (2)(t) amended, p. 2033, § 49, effective June 1. L. 2009: (2)(c)(II)(B) amended, (HB 09-1331), ch. 416, p. 2309, § 10, effective June 4; IP(1) amended, (HB 09-1150), ch. 309, p. 1666, § 3, effective August 5; IP(2)(c)(II) amended, (SB 09-092), ch. 142, p. 604, § 1, effective August 5. L. 2010: (1)(m) and (1.5) added, (HB 10-1181), ch. 351, p. 1621, §§ 4, 5, effective June 7. L. 2013: IP(2)(c)(II) amended and (2)(c)(III)(D) and (2)(c)(V) added, (SB 13-070), ch. 142, p. 459, § 1, effective April 26. L. 2017: IP(2), IP(2)(c)(II), and IP(2)(c)(V) amended, (HB 17-1058), ch. 18, p. 58, § 4, effective March 8. L. 2018: (1)(l) amended, (HB 18-1375), ch. 274, p. 1706, § 39, effective May 29.
Editor's note: (1) Amendments to subsection (2) by House Bill 95-1362 and House Bill 95-1212 were harmonized.
(2) Subsection (3)(b) provided for the repeal of subsection
(3), effective July 1, 2004. (See L. 96, p. 1498.) (3) Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act enacting subsections (2)(d)(IV) and (2)(t) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.
(4) Subsection (2)(c)(IV)(B) provided for its repeal, effective January 1, 2009. (See L. 2006, p. 152.)
Cross references:
(1) For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsections (1)(a) and (2), see section 112 of chapter 167, Session Laws of Colorado 1995. (2) For the definition of "ASTM", see § 8-20-201 (1.2).
24-30-1105. Powers of the executive director - penalties.
(1) In order to perform the duties and functions set forth in this Part 11, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:
(a) Approve the equipment, software related to services, and facilities with which specific services shall be performed by or for any state department, institution, or agency in accordance with the approved plan;
(b) Prescribe standards governing the selection and operation of service equipment by or for any state department, institution, or agency;
(c) Adopt such rules and regulations as may be necessary to carry out the purposes and provisions of this Part 11;
(d) Contract for such services as the department of personnel may require for purposes of this Part 11;
(e) Require such reports from other departments, institutions, and agencies as may be necessary;
(f) Recommend to the governor the transfer of funds, equipment, supplies, and personnel from existing departments, institutions, and agencies to the department of personnel or to such other agency as may be necessary to accomplish the purposes of this Part 11, such transfer to be effective upon the approval by the governor;
(g) Certify for evidentiary purposes as true copies of the originals, before the originals are destroyed or lost, photographs, microphotographs, or reproductions on film created by the department of personnel. Such certified photographs, microphotographs, or reproductions shall have the same legal force and effect as if certified by the original custodian of the records.
(h) In performance of such microfilm services as may be requested by the custodians of the types of documents referred to in this paragraph (h):
(I) Have rights of reasonable access in person or through employees to all types of nonconfidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
(II) Have rights of reasonable access in person or through specifically designated employees to all types of confidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
(III) Assist custodians of documents upon which microfilm, digital imaging, and digital conversion services have been performed in the lawful disposition of such documents pursuant to section 24-80-103;
(i) Have power to enter into contracts with other governmental entities in the state of Colorado for the purpose of furnishing services;
(j) Establish policies jointly with the supreme court of the state of Colorado for the expungement and sealing of official state records with a view to the technical and evidentiary problems attendant to expungement or sealing of photographs, microphotographs, and reproductions.
(2) (a) Except in accordance with judicial order or as otherwise provided by law, the executive director or the employees of the department of personnel shall not divulge or make known in any way any information disclosed in any confidential document to which the employees have access in performing the duties specified in this Part 11.
(b) Officials or employees of the state who violate this subsection (2) are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than six months nor more than two years, or by both such fine and imprisonment. Such persons shall, in addition to these penalties, be subject to removal or dismissal from public service on grounds of malfeasance in office.
Source: L. 77:
Entire part added, p. 1179, § 3, effective June 20. L. 95: IP(1) and (1)(f) amended, p. 648, § 48, effective July 1. L. 96: IP(1), (1)(d), (1)(f), (1)(g), and (2)(a) amended, p. 1500, § 11, effective June 1. L. 2004: (1)(a) and (1)(h)(III) amended, p. 307, § 4, effective August 4.
Cross references:
For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1106. Appeal from decisions of director.
If any department, institution, or agency disagrees with any decision, plan, procedure, priority, standard, rule, or regulation or other act of the department of personnel, the head thereof shall notify the executive director of the basis for such disagreement, and the executive director may, at his or her discretion, uphold, modify, or reverse such decision, plan, procedure, priority, standard, rule, or regulation or other act; but no further action shall be taken by the department of personnel to implement any decision, plan, procedure, priority, standard, rule, or regulation or other act after such notice until the executive director has rendered his or her decision in the matter.
Source: L. 77:
Entire part added, p. 1180, § 3, effective June 20. L. 95: Entire section amended, p. 648, § 49, effective July 1. L. 97: Entire section amended, p. 1015, § 25, effective August 6.
Cross references:
For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1107. Existing and new equipment, personnel, applications, and systems subject to approval of director.
On and after June 20, 1977, no services, service equipment, or software related to services shall be purchased, leased, or otherwise acquired by any department, institution, or agency, nor shall any new service personnel be added to the state personnel system, nor shall any new applications, systems, or programs begin except upon the written approval of the executive director, nor shall any service equipment leased or operated by any department, institution, or agency on June 20, 1977, continue to be so leased or operated after July 1, 1977, unless certified by the executive director to be in accordance with the approved plan.
Source: L. 77:
Entire part added, p. 1181, § 3, effective June 20. L. 97: Entire section amended, p. 1015, § 26, effective August 6. L. 2004: Entire section amended, p. 307, § 5, effective August 4.
24-30-1108. Revolving fund - service charges - pricing policy.
(1) There is hereby created a department of personnel revolving fund for use in acquiring such materials, supplies, labor, and overhead as are required. Moneys collected and deposited in the fund shall be from state and local government user fees and from rebates, including, but not limited to, rebates from car rentals, travel agencies, lodging, and travel cards. The fund shall be under the direction of the executive director.
(2) Users of department services shall be charged the full cost of the particular service, which shall include the cost of all material, labor, and overhead.
(3) The executive director shall have a pricing policy of remaining competitive with or at a lower rate than private industry in the operation of any service function which the executive director establishes.
(4) The executive director shall keep a full, true, and accurate record of the costs of providing each particular service.
(5) Repealed.
(6) (a) (I) Repealed.
(II) Any uncommitted capital outlay reserves at the end of a given fiscal year may be used for capital outlay subject to an appropriation in the annual general appropriation act.
(b) For purposes of this subsection (6), unless the context otherwise requires:
(I) "Capital outlay" has the same meaning as set forth in section 24-75-112 (1)(a).
(II) "Capital outlay reserve" means any accumulated depreciation identified in fund balance reports prepared by the department of personnel.
Source: L. 77:
Entire part added, p. 1181, § 3, effective June 20. L. 91: (4) added, p. 864, § 3, effective April 20. L. 96: (1) amended, p. 1544, § 141, effective June 1. L. 97: Entire section amended, p. 1016, § 27, effective August 6. L. 2009: (5) added, (SB 09-208), ch. 149, p. 622, § 17, effective April 20. L. 2010: (1) amended, (HB 10-1181), ch. 351, p. 1621, § 6, effective June 7. L. 2014: (5) repealed and (6) added, (SB 14-108), ch. 50, p. 230, § 1, effective March 20. L. 2015: (6)(a)(I) repealed, (HB 15-1280), ch. 176, p. 573, § 3, effective May 11.
Editor's note:
Section 5 of chapter 176 (HB 15-1280), Session Laws of Colorado 2015, provides that changes to this section by the act apply to fiscal years that begin on or after July 1, 2014.
24-30-1109. Reports. (Repealed)
Source: L. 77:
Entire part added, p. 1181, § 3, effective June 20. L. 91: (1)(g) added, p. 864, § 4, effective April 20. L. 95: (2) amended, p. 648, § 50, effective July 1. L. 96: Entire section repealed, p. 1271, § 201, effective August 7.
Cross references:
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
24-30-1110. Division subject to termination. (Repealed)
Source: L. 77:
Entire part added, p. 1182, § 3, effective June 20. L. 81: Entire section amended, p. 1178, § 8, effective July 1. L. 83: Entire section repealed, p. 891, § 1, effective March 22.
24-30-1111. Postage meters - penalty for private use.
(1) Each state department, agency, division, board, commission, committee, and educational institution which has installed a postage meter shall place an imprint plate on such meter and a notice attached to the meter showing that the metered mail is official state of Colorado mail and that there is a penalty for the unlawful use of such postage meter for private purposes.
(2) Any person who uses a state-installed postage meter for private purposes commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 83:
Entire section added, p. 892, § 1, effective June 20. L. 2002: (2) amended, p. 1532, § 245, effective October 1.
Cross references:
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-30-1112. Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation.
(1) A state-owned motor vehicle that is part of the state motor vehicle fleet established pursuant to section 24-30-1104 (2) may be assigned by the department of personnel to a state agency pursuant to this section. In addition, any state-owned motor vehicle that is assigned to a state agency may be further assigned by the executive director of the state agency or by the executive director's designee to an officer or employee of the state agency pursuant to section 24-30-1113.
(2) Unless a state agency can justify to the department of personnel the need for permanent assignment of a vehicle because of its unique use, the department of personnel may permanently assign a state-owned motor vehicle to a state agency only if the use of the vehicle by the state agency is likely to meet the minimum required mileage established by the department of personnel for the utilization classification associated with the vehicle's intended work function and the use of such vehicle by the state agency complies with any additional criteria established by the department of personnel in rules. A vehicle that is assigned to a state agency must be parked at a state facility, as defined by rule, when the vehicle is not in use unless the vehicle has been assigned to an officer or employee of the state agency pursuant to section 24-30-1113.
(3) The department of personnel shall establish a program and adopt rules providing for annual verification that each state-owned motor vehicle permanently assigned to a state agency has met the minimum required mileage based on the appropriate utilization classification. If verification establishes that a vehicle has not met the minimum annual mileage rate and other criteria established in rules and if the responsible state agency cannot justify such lower mileage or failure to meet other criteria, the department of personnel shall revoke the permanent assignment of the vehicle immediately.
(4) The department of personnel shall adopt rules governing the procedure for revocation of assignment of state-owned motor vehicles that have been permanently assigned to a state agency. Revocation of assignment shall occur when the department of personnel determines that:
(a) The vehicle has been used for other than official business or has been used for commuting without being assigned to an officer or employee of the state agency pursuant to section 24-30-1113;
(b) (I) The state agency has not submitted reports or other documentation to the department of personnel that it is required to submit pursuant to rules adopted by the department;
or
(II) Any reports or other documentation that the state agency has submitted fail to meet the standards established in rules adopted by the department of personnel for the submission of such reports and documentation and the state agency has not cured the deficiencies within thirty days after receiving notification from the department of personnel of such deficiency;
(c) The state agency has knowingly and willfully supplied false information to the department of personnel regarding the permanent assignment of the motor vehicle to the state agency;
(d) A state-owned motor vehicle has been abused; or
(e) A violation of other rules promulgated by the department of personnel has occurred, which warrants revocation of assignment to the state agency as specified in the rules adopted by the department of personnel.
(5) The department of personnel shall not honor new requisitions for assignment of vehicle following the revocation of assignment until the department of personnel is assured that the violation for which a vehicle was previously revoked will not recur.
Source: L. 92:
Entire section added, p. 1003, § 3, effective July 1. L. 2004: IP(1)(a), (2), and (3)(a) amended, p. 308, § 6, effective August 4. L. 2017: Entire section amended, (HB 17- 1296), ch. 293, p. 1613, § 1, effective September 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1706, § 40, effective May 29.
24-30-1113. Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition - repeal.
(1) Notwithstanding section 24-30-1102 (5), as used in this section, unless the context otherwise requires, "state agency" means the state or any department, board, bureau, commission, institution, or other agency of the state; except that "state agency" does not include any state institution of higher education, the Auraria higher education center, or the legislative and judicial branches of state government. As used in this section, "state agency" does include the state board of stock inspection commissioners, created in section 35-41-101.
(2) (a) The executive director of a state agency or the executive director's designee may assign a state-owned motor vehicle that has been assigned to the state agency pursuant to section 24-30-1112 to an officer or employee of the state agency for conducting state business and commuting. Commuting includes traveling from an officer's or employee's personal residence to one or more regular places of business. A state-owned motor vehicle may be parked at the personal residence of an officer or employee of a state agency for more than one day per month only if the state agency has assigned the vehicle to the officer or employee pursuant to this section. The assignment of a state-owned motor vehicle pursuant to this section must comply with the requirements of section 24-30-1112.
(b) The executive director of a state agency or the executive director's designee must authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the executive director of the department of personnel for final approval. The executive director of a state agency or the executive director's designee shall authorize the assignment of a vehicle only if:
(I) Assignment of the vehicle is necessary to conduct official and legitimate state business;
(II) Assignment of the vehicle satisfies at least one of the following requirements:
(A) The vehicle meets the federal internal revenue service definition of qualified nonpersonal use, as specified in 26 CFR 1.274-5 (k); or
(B) The assignment of the vehicle is the most cost-efficient means of transportation, as defined in rules adopted by the department of personnel, to the state agency; and
(III) Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel.
(c) An executive director of a state agency or the executive director's designee who authorizes the assignment of a state-owned motor vehicle to an officer or employee of the state agency shall maintain documentation of the assignment, including the executive director's justification for authorizing the assignment of the vehicle. At least annually, the executive director of a state agency or the executive director's designee shall review each assignment of a vehicle to ensure that the assignment complies with the requirements of this section.
(3) The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall review any assignment of a state-owned motor vehicle to an officer or employee of a state agency. The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall verify that the assignment of the vehicle complies with the requirements specified in subsection (2) of this section and the regulations of the federal internal revenue service. If the review establishes that the assignment of a vehicle does not comply with such requirements, the executive director of the department of personnel shall revoke the assignment of the vehicle.
(4) In addition to the initial approval required by subsection (3) of this section, the department of personnel shall establish a program and adopt rules providing for annual review and verification by the executive director of the department of personnel or the state controller, or the designee of either official, as applicable, that each state-owned motor vehicle assigned to an officer or employee of a state agency still complies with the requirements of subsection (2) of this section and the regulations of the federal internal revenue service. The requirements of this subsection (4) apply to all state-owned motor vehicles, whether they were assigned before, on, or after September 1, 2017. If the verification process establishes that the assignment of a vehicle no longer complies with subsection (2) of this section or the regulations of the federal internal revenue service, the department of personnel shall revoke the assignment of the vehicle.
(5) Any officer or employee of a state agency who is assigned a state-owned motor vehicle because it is the most cost-efficient means of transportation as specified in subsection (2)(b)(II)(B) of this section is required to pay income tax on the value of the fringe benefit of the vehicle. The state controller, or the state controller's designee, shall calculate and report as income the value of the fringe benefit of the vehicle in accordance with the regulations of the federal internal revenue service. The state controller shall promulgate rules regarding how the value of the fringe benefit will be calculated and reported.
(6) The executive director of the department of personnel, or the executive director's designee, and the state controller, or state controller's designee, shall promulgate rules as required in this section and may promulgate additional rules deemed necessary for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of this title 24.
(7) (a) On or before September 1, 2019, the department of personnel shall report to the legislative audit committee regarding the implementation and enforcement of this section. The department may make recommendations regarding further modifications to the criteria and requirements for the assignment of a state-owned motor vehicle to an officer or employee of a state agency.
(b) This subsection (7) is repealed, effective July 1, 2020.
Source: L. 92:
Entire section added, p. 1004, § 3, effective July 1. L. 2004: (1) and (4) amended, p. 308, § 7, effective August 4. L. 2017: Entire section R&RE, (HB 17-1296), ch. 293, p. 1615, § 2, effective September 1. L. 2018: IP(2)(b), (3), (4), and (6) amended, (HB 18-1375), ch. 274, p. 1708, § 41, effective May 29.
24-30-1114. Restrictions on assignment of vehicles.
(1) Requisitions for assignment or reassignment of state-owned motor vehicles shall not be honored when the purpose of the assignment or reassignment is to provide a newer or lower mileage vehicle to a state officer or employee on the basis of rank, position, management authority, length of service, or other nonessential purpose.
(2) Special use vehicles, including but not limited to four-wheel drive and law enforcement vehicles, shall be assigned only to those agencies and individuals authorized or otherwise designated by the department of personnel to operate such vehicles.
Source: L. 92:
Entire section added, p. 1005, § 3, effective July 1. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1709, § 42, effective May 29.
24-30-1115. Motor fleet management fund - creation.
(1) There is hereby created a fund to be known as the motor fleet management fund, which shall be administered by the department of personnel and which shall consist of all moneys which may be transferred thereto in accordance with section 24-30-1104 (2)(k).
(2) The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes of this Part 11. Any moneys not appropriated shall remain in the fund and shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. Subject to severe budget constraints and annual appropriation, a portion of the state motor fleet shall be replaced each year. The number of motor vehicles to be replaced annually shall be based on a methodology provided by the department of personnel and approved by the general assembly.
(3) Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million dollars from the motor fleet management fund and transfer such sum to the general fund.
(4) Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct three hundred ninety-seven thousand one hundred forty-three dollars from the motor fleet management fund and transfer such sum to the general fund.
Source: L. 92:
Entire section added, p. 1005, § 3, effective July 1. L. 96: Entire section amended, p. 1500, § 12, effective June 1. L. 2004: (2) amended, p. 309, § 8, effective August 4. L. 2009: (3) added, (SB 09-208), ch. 149, p. 623, § 18, effective April 20. L. 2010: (4) added, (HB 10-1327), ch. 135, p. 449, § 2, effective April 15. L. 2017: (1) amended, (HB 17-1296), ch. 293, p. 1617, § 3, effective September 1.
24-30-1116. Vanpooling - state-owned vehicles - revolving account. (Repealed)
Source: L. 92:
Entire section added, p. 1005, § 3, effective July 1. L. 95: (6)(d) and (6)(e) amended, p. 648, § 51, effective July 1. L. 2004: Entire section repealed, p. 309, § 9, effective August 4.
24-30-1117. Exclusive authority to acquire state-owned motor vehicles.
The department of personnel shall have the exclusive authority to purchase, lease, and otherwise acquire motor vehicles for such use by state officers and employees as may be necessitated in the course and conduct of official state business. Except for any vehicles donated to specific state agencies, no motor vehicle shall be purchased, leased, or otherwise acquired by any state agency unless such vehicle is obtained through the department of personnel or under an express waiver granted by the department.
Source: L. 92:
Entire section added, p. 1007, § 3, effective July 1. L. 96: Entire section amended, p. 1501, § 13, effective June 1. L. 2004: Entire section amended, p. 310, § 10, effective August 4.
24-30-1118. Statewide travel management program - creation - duties of department - mandatory use by state employees - repeal. (Repealed)
Source: L. 93:
Entire section added, p. 1829, § 2, effective July 1. L. 95: IP(3) amended, p. 649, § 52, effective July 1. L. 96: (2), IP(3), IP(3)(e), IP(3)(e)(I), (3)(e)(I)(C), (3)(e)(I)(D), (3)(e)(II), and (3)(j) amended, p. 1501, § 14, effective June 1. L. 2003: (5) and (6) added, p. 984, § 2, effective April 17.
Editor's note:
Subsection (6) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, p. 984.)