HOUSE BILL 99-1078
BY REPRESENTATIVES Leyba, Pfiffner, Taylor, Berry, Clarke, Mace, McKay, Vigil, and Zimmerman;
also SENATORS Powers, Linkhart, Reeves, Sullivant, and Tebedo.
Concerning authorization for personal services contracts in excess of six months for temporary employment of persons by the state.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 24-50-112 (3) (c) (III), Colorado Revised Statutes, is amended to read:
24-50-112. Examinations - when held - standards - eligible list. (3) (c) The state personnel director may, following consultation with the state auditor and consistent with sections 13, 14, and 15 of the Colorado constitution and principles of separation of powers, establish special procedures governing the selection and examination process for employees of the state auditor's office in the state personnel system in order to take into consideration the special situations, circumstances, and duties unique to such employees. Such procedures shall incorporate the directives, requirements, and elements of sections 13, 14, and 15 of article XII of the Colorado constitution, including, but not limited to, the following:
(III) The authorization of temporary employment of persons, not to exceed six months, except for personal services contracts as permitted by part 5 of this article;
SECTION 2. 24-50-114 (1) and (2), Colorado Revised Statutes, are amended to read:
24-50-114. Temporary appointments - term - tenure. (1) Pending the availability of an eligible list determined by the state personnel director to be appropriate for a class, the appointing authority, with the prior approval of the state personnel director, may fill a vacancy for a permanent position by temporary appointment of a qualified, certified employee in accordance with the promotional policy established by the board. In the absence of such an eligible employee, temporary appointments of qualified persons may be made from without the state personnel system. Such temporary appointments shall not exceed six months in length except for personal services contracts as permitted by part 5 of this article. If the vacancy is for a permanent position, an eligible list shall be established within the six-month period following the appointment.
(2) The state personnel director may, by rule, authorize principal department heads and presidents of colleges and universities to employ persons from outside the state personnel system on a temporary basis while an eligible list is being provided or in emergency or seasonable situations nonpermanent in nature, but in each case the period of employment shall not exceed six months except for personal services contracts as permitted by part 5 of this article.
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state
constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
Russell George Ray Powers
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE OF COLORADO