DCS Statutes TITLE 24 — PART 11


COLORADO REVISED STATUTES, 2018

TITLE 24

Government - State

PART 11

DIVISION OF CENTRAL SERVICES

July 2018
 

Legislative Findings/Declarations  |  Definitions  |  Central Services  |  Functions of Department/Definitions  |  Powers/Executive Director/Penalties  |  Appeal Decisions/Director  |  Existing/New Equipment/Personnel/Apps/Systems Approvals  |  Revolving Fund/Service Charges/Pricing Policy  |  Postage Meters/Private Use 

 

24-30-1101.  Legislative findings and declarations. (1)  The general assembly hereby finds, 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.
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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.
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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.
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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.

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Section on state-owned vehicles moved to the Division of Capital Assets Statutes page.           

            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.)

            (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).
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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.
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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.
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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.
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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.
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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.    

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Note: The full version of C.R.S. Title 24 can be found here at the Office of Legislative Legal Services.

In the above content, some items refer to State Fleet Managment/vehicles. This unit now resides under the Division of Capital Assets but Statutes remain under the Division of Central Services until otherwise documented. Those full statutes can be found here