§ 24-50-109.5 — Fiscal emergencies - emergency orders

Colorado § 24-50-109.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Personnel System -

Text

(1) As used in this
section, fiscal emergency means any crisis concerning the fiscal condition of
state government which is caused by a significant general fund revenue shortfall or
significant reductions in cash or federal funds received by the state, which
threatens the orderly operation of state government and the health, safety, or
welfare of the citizens of the state, and which is declared a fiscal emergency by
joint resolution adopted by the general assembly and approved by the governor in
accordance with section 39 of article V of the state constitution.

(2) With the advice and assistance of the state personnel director, the
governor shall take such actions as necessary to be utilized by each principal
department and each institution of higher education, including the Auraria higher
education center established in article 70 of title 23, to reduce state personnel
expenditures in the event of a fiscal emergency. Such actions include, but need not
be limited to, separations, voluntary furloughs, mandatory furloughs, suspension of
increases in salary and state contributions for group benefit plans, suspension of
step pay, job-sharing, hiring freezes, forced reallocation of vacant positions, or a
combination thereof. Any suspension of salary increases or increases in state
contributions for group benefit plans shall apply statewide to all employees in the
state personnel system. If mandatory furloughs are utilized in any principal
department or institution of higher education, including the Auraria higher
education center established in article 70 of title 23, such furloughs shall be
implemented by each appointing authority so that all employees under such
authority, regardless of status, position, or level of employment, are furloughed for
the same length of time, consistent with section 24-2-103 (2). Employees of the
following agencies and employees with duties as described shall not be subject to
mandatory furlough: The Colorado state patrol, correctional officers, police
officers, employees of the department of human services providing hands-on care,
and employees providing hands-on nursing care.

(3) Promptly after the adoption of a joint resolution declaring a fiscal
emergency, the head of each principal department and the governing board of each
institution of higher education and the Auraria higher education center established
in article 70 of title 23, C.R.S., shall order into effect, on an emergency basis and in
accordance with the actions taken by the governor pursuant to subsection (2) of
this section, those measures they find necessary and appropriate to reduce the
personnel expenditures of their departments or institutions to enable them to
operate within available revenues. No such order shall have an effect beyond the
time period specified in the joint resolution declaring the fiscal emergency.

Legislative History

Source: L. 83: Entire section added, p. 851, � 5, effective May 31. L. 89: (2) amended, p. 489, � 18, effective July 1. L. 94: (2) amended, p. 2697, � 241, effective July 1. L. 98: (2) amended, p. 676, � 4, effective August 5. L. 2003: (2) amended, p. 1933, � 6, effective May 22. L. 2012: (2) and (3) amended, (HB 12-1081), ch. 210, p. 904, � 8, effective August 8; (2) amended, (HB 12-1321), ch. 260, p. 1348, � 7, effective September 1. L. 2024: (2) amended, (HB 24-1467), ch. 430, p. 3016, � 6, effective June 5.