A Bill for an Act
Page 1, Line 101Concerning matters related to peace officers.
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.)
Law enforcement is required to report to the peace officers standards and training board (P.O.S.T. board) certain information related to peace officer conduct for inclusion in a searchable database. The bill requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report. The agency providing the report shall provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database upon request of the P.O.S.T. board. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court shall order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The bill prohibits the P.O.S.T. board from including information in the database if the information is received from an agency that does not employ or has not employed the subject of the information. If an agency fails to report the information, the agency is subject to a fine or loss of P.O.S.T. board funding.
A peace officer who is included in the searchable database can appeal the officer's inclusion in the database. When a peace officer is added to the database, the P.O.S.T. board shall provide the peace officer with information about how to appeal that action. The bill requires the peace officer's disciplining law enforcement agency to provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court shall order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
The bill gives the P.O.S.T. board director the authority to remove entries from the database that are in error.
Under current law, the P.O.S.T. board shall permanently revoke a peace officer's certification and record that information in the database if the officer is found civilly liable for the use of unlawful physical force or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person. The bill gives the P.O.S.T. board the discretion to permanently revoke in those cases.
If a law enforcement agency is investigating a peace officer for an incident that could result in a database report, the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting.
The bill prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing to not report the information to the database.
Current law requires a law enforcement agency to provide a peace officer's personnel records when they receive a waiver for the records to another law enforcement agency that is considering employing the peace officer. A law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the records shall report that fact to the P.O.S.T. board. The P.O.S.T. board shall contact the agency, and if the agency does not provide the disclosure within 6 calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for a period of one year and the agency may be subject to fines.
The bill allows a person to maintain their P.O.S.T. certification if they are not working as a peace officer but are working for a law enforcement agency in a non-peace-officer role.
In 2024, the general assembly provided temporary peace officer status to administrators of judicial security. The bill makes the status permanent.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 24-31-303, amend (1)(r) as follows:
Page 3, Line 324-31-303. Duties - powers of the P.O.S.T. board - definition. (1) The P.O.S.T. board has the following duties:
Page 3, Line 4(r) (I) Subject to available appropriations, beginning on January
Page 3, Line 51, 2022, to create and maintain a database
in a searchable format to bePage 3, Line 6
published on its website, containing information related to a peace officer's conduct pursuant to the provisions of section 24-31-321.Page 3, Line 7
(A) Untruthfulness;Page 3, Line 8
(B) Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;Page 3, Line 9
(C) Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;Page 3, Line 10
(D) Termination for cause by the peace officer's employer unlessPage 3, Line 11
the termination is overturned or reversed by an appellate process. APage 3, Line 12
notation must be placed next to the officer's name during the pendency of any appellate process.Page 3, Line 13
(E) Resignation or retirement while under investigation by thePage 3, Line 14
peace officer's employing law enforcement agency, a district attorney, orPage 3, Line 15
the attorney general that could result in being entered into the database inPage 3, Line 16
this subsection (1)(r);Page 4, Line 1
(F) Resignation or retirement following an incident that leads toPage 4, Line 2
the opening of an investigation within six months following the peacePage 4, Line 3
officer's resignation or retirement that could result in being entered into the database in this subsection (1)(r);Page 4, Line 4
(G) Being the subject of a criminal investigation for a crime thatPage 4, Line 5
could result in revocation or suspension of certification pursuant toPage 4, Line 6
section 24-31-305 or 24-31-904 or the filing of criminal charges for suchPage 4, Line 7
a crime. The investigating law enforcement agency shall notify thePage 4, Line 8
P.O.S.T. board of the investigation or filing of criminal charges as soonPage 4, Line 9
as practicable, in a manner prescribed in P.O.S.T. board rule, so long as such notification is unlikely to disrupt or impede an investigation.Page 4, Line 10
(H) Actions as described by the applicable statutory provisionPage 4, Line 11
identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).Page 4, Line 12
(II) Law enforcement agencies shall report to the P.O.S.T. boardPage 4, Line 13
the information required in this subsection (1)(r) in a format determinedPage 4, Line 14
by the P.O.S.T. board. Failure to submit such information is subject to a fine set in rule by the P.O.S.T. board.Page 4, Line 15
(III) For purposes of this subsection (1)(r), "untruthfulness" meansPage 4, Line 16
a peace officer knowingly made an untruthful statement concerning aPage 4, Line 17
material fact or knowingly omitted a material fact on an official criminalPage 4, Line 18
justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.Page 4, Line 19
(IV) Termination for cause.Page 4, Line 20SECTION 2. In Colorado Revised Statutes, add 24-31-321 as follows:
Page 4, Line 2124-31-321. Peace officer conduct database - definition. (1) The
Page 5, Line 1P.O.S.T. board shall create and maintain a database in a
Page 5, Line 2searchable format to be published on its website containing information related to a peace officer's:
Page 5, Line 3(a) Untruthfulness;
Page 5, Line 4(b) Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;
Page 5, Line 5(c) Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;
Page 5, Line 6(d) Termination for cause by the peace officer's employer;
Page 5, Line 7(e) Resignation or retirement while under investigation
Page 5, Line 8by the peace officer's employing organization or another law
Page 5, Line 9enforcement agency in which the alleged misconduct, if
Page 5, Line 10sustained, would more likely than not result in being entered into the database pursuant to this section;
Page 5, Line 11(f) Resignation or retirement following an incident that
Page 5, Line 12leads to the opening of an investigation by the peace officer's
Page 5, Line 13employing organization or another law enforcement agency in
Page 5, Line 14which the alleged misconduct, if sustained, would more likely
Page 5, Line 15than not result in being entered into the database pursuant to
Page 5, Line 16this section, within six months after the peace officer's resignation or retirement;
Page 5, Line 17(g) Resignation in lieu of termination for cause;
Page 5, Line 18(h) Being charged with a crime that could result in
Page 5, Line 19revocation or suspension of certification pursuant to section
Page 5, Line 2024-31-305 or 24-31-904. The employing organization shall notify
Page 5, Line 21the P.O.S.T. board of the filing of criminal charges as soon as practicable, in a manner prescribed in P.O.S.T. board rule.
Page 6, Line 1(i) Actions as described by the applicable statutory
Page 6, Line 2provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).
Page 6, Line 3(2) (a) Law enforcement agencies shall report to the
Page 6, Line 4P.O.S.T. board the information required in subsection (1) of this
Page 6, Line 5section in a format determined by the P.O.S.T. board. The P.O.S.T.
Page 6, Line 6board shall not include information in the database if the
Page 6, Line 7information is received from an agency that does not employ or
Page 6, Line 8has not employed the peace officer who is the subject of the
Page 6, Line 9information. Notwithstanding any other provision to the
Page 6, Line 10contrary, the P.O.S.T. board may become the custodian of
Page 6, Line 11records and may enter reports into the database on behalf ofan
Page 6, Line 12organization. The head of the law enforcement agency
Page 6, Line 13providing the report shall certify the accuracy of the
Page 6, Line 14information in the report. A knowing or willful failure to
Page 6, Line 15submit the information or certification or a knowing or willful
Page 6, Line 16submittal of false or inaccurate information is subject to a fine
Page 6, Line 17imposed by the P.O.S.T. board. When a failure to submit the
Page 6, Line 18information or certification or submittal of false or inaccurate
Page 6, Line 19information is determined, the P.O.S.T. boardshall refer the
Page 6, Line 20matter to the appropriate district attorney and request the district attorney to conduct a criminal investigation.
Page 6, Line 21(b) After receiving a notification and upon request of the
Page 6, Line 22P.O.S.T. board, the law enforcement agency providing the report
Page 6, Line 23shall provide the P.O.S.T. board with all documents relevant to
Page 6, Line 24the investigation or cause for which the officer was placed in
Page 7, Line 1the database. If a law enforcement agency refuses to provide
Page 7, Line 2the records pursuant to this subsection (2), the P.O.S.T. board
Page 7, Line 3may subpoena the records. If the court or administrative law
Page 7, Line 4judge grants the subpoena, and subsequently does not grant a
Page 7, Line 5motion to quash the subpoena, the court may order the law
Page 7, Line 6enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
Page 7, Line 7(c) If the P.O.S.T. board received information regarding an
Page 7, Line 8incident involving a peace officer that would require a report
Page 7, Line 9pursuant to subsection (1) of this section, the organization
Page 7, Line 10employing the peace officer shall provide the P.O.S.T. board with
Page 7, Line 11all documents relevant to the incident upon request of the
Page 7, Line 12P.O.S.T. board. If a law enforcement agency refuses to provide
Page 7, Line 13the records pursuant to this subsection (2), the P.O.S.T. board
Page 7, Line 14may subpoena the records. If the court or administrative law
Page 7, Line 15judge grants the subpoena, and subsequently does not grant a
Page 7, Line 16motion to quash the subpoena, the court may order the law
Page 7, Line 17enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
Page 7, Line 18(d) The records of any law enforcement agency that are
Page 7, Line 19submitted for review by the P.O.S.T. board for the purposes of
Page 7, Line 20this subsection (2) remain the property of the reporting law
Page 7, Line 21enforcement agency and are not subject to public release by the P.O.S.T. board.
Page 7, Line 22(3) (a) The P.O.S.T. board shall create an appeal process
Page 7, Line 23for a peace officer to appeal the officer's inclusion in the
Page 7, Line 24database created in this section. The appeal must be conducted
Page 8, Line 1pursuant to the provisions of this section and P.O.S.T. board
Page 8, Line 2rules. The P.O.S.T. board shall give consideration to an officer's
Page 8, Line 3whistle blower status during the appeal. When a peace officer
Page 8, Line 4is added to the database, the P.O.S.T. board shall provide the
Page 8, Line 5peace officer with information about how to appeal that action
Page 8, Line 6on its website. If a peace officer initiates an appeal pursuant to
Page 8, Line 7this subsection (3), the reporting agency shall provide the
Page 8, Line 8P.O.S.T. board with all documents relevant to the discipline for
Page 8, Line 9which the officer was placed in the database upon request of the
Page 8, Line 10P.O.S.T. board. If a law enforcement agency refuses to provide
Page 8, Line 11the records pursuant to this subsection (3), the P.O.S.T. board
Page 8, Line 12may subpoena the records. If the court or administrative law
Page 8, Line 13judge grants the subpoena, and subsequently does not grant a
Page 8, Line 14motion to quash the subpoena, the court may order the law
Page 8, Line 15enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
Page 8, Line 16(b) The records of any law enforcement agency that are
Page 8, Line 17submitted for review by the P.O.S.T. board for the purposes of
Page 8, Line 18subsection (3)(a) of this section remain the property of the
Page 8, Line 19reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
Page 8, Line 20(c) If a peace officer appeals inclusion in the database
Page 8, Line 21pursuant to either subsection (1)(e) or (1)(f) of this section and
Page 8, Line 22the peace officer's organization completed its investigation of
Page 8, Line 23the officer's conduct after the officer resigned and the
Page 8, Line 24organization cleared the officer, the officer may use that
Page 8, Line 25determination in their appeal.
Page 9, Line 1(4) If a law enforcement agency reports information
Page 9, Line 2required pursuant to subsection (1) of this section and
Page 9, Line 3subsequently determines the entry was in error and informs the
Page 9, Line 4P.O.S.T. board of the error regardless of when the error
Page 9, Line 5occurred, the P.O.S.T. board shall remove the entry from the
Page 9, Line 6database after the P.O.S.T. board determines the entry was in error.
Page 9, Line 7(5) For purposes of this section, "untruthfulness" means
Page 9, Line 8a peace officer knowingly made an untruthful statement
Page 9, Line 9concerning a material fact or knowingly omitted a material
Page 9, Line 10fact on an official criminal justice record, while testifying
Page 9, Line 11under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.
Page 9, Line 12SECTION 3. In Colorado Revised Statutes, 24-31-904, repeal(1)(a)(II) and (2)(a)(II); and add (1.5), (2.5), (5), and (6) as follows:
Page 9, Line 1324-31-904. Peace officer certification discipline.
Page 9, Line 14(1) (a) Notwithstanding any provision of law, the P.O.S.T. board shall permanently revoke a peace officer's certification if:
Page 9, Line 15(II)
The P.O.S.T. certified peace officer is found civilly liable forPage 9, Line 16
the use of unlawful physical force, or is found civilly liable for failure toPage 9, Line 17
intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person;Page 9, Line 18(1.5) The P.O.S.T. board may permanently revoke a peace
Page 9, Line 19officer's certification if the P.O.S.T.-certified peace officer is
Page 9, Line 20found civilly liable for the use of excessive or unconstitutional
Page 9, Line 21physical force or is found civilly liable for failure to intervene
Page 9, Line 22in the use of excessive or unconstitutional force, and the
Page 10, Line 1incident resulted in serious bodily injury or death to another person.
Page 10, Line 2(2) (a) Notwithstanding any provision of law, the P.O.S.T. board shall suspend a peace officer's certification for at least a year if:
Page 10, Line 3(II)
The P.O.S.T. certified peace officer is found civilly liable forPage 10, Line 4
the use or threatened use of unlawful physical force, or is found civillyPage 10, Line 5
liable for failure to intervene in the use of unlawful force and the incident did not result in serious bodily injury or death to another person;Page 10, Line 6(2.5) The P.O.S.T. board may suspend a peace officer's
Page 10, Line 7certification for at least one year if the P.O.S.T.-certified peace
Page 10, Line 8officer is found civilly liable for the use ofexcessive or
Page 10, Line 9unconstitutionalphysical force or is found civilly liable for
Page 10, Line 10failure to intervene in the use ofexcessive or unconstitutional
Page 10, Line 11force, and the incident did not result in serious bodily injury or death to another person.
Page 10, Line 12(5) If a law enforcement agency is investigating a peace
Page 10, Line 13officer for an incident that could result in a report pursuant to
Page 10, Line 14section 24-31-321 (1), the law enforcement agency shall inform
Page 10, Line 15the peace officer of the agency's duty to report that information and the consequences of the reporting.
Page 10, Line 16(6) An employer shall not agree to a settlement with a
Page 10, Line 17peace officer that includes the employing organization agreeing
Page 10, Line 18to not report the information required pursuant to section 24-31-321 (1).
Page 10, Line 19SECTION 4. In Colorado Revised Statutes, 24-33.5-115, amend (1) as follows:
Page 10, Line 2024-33.5-115. Peace officer hiring - required use of waiver -
Page 11, Line 1definitions. (1) A state or local law enforcement agency, including
Page 11, Line 2higher education law enforcement agencies and public transit law
Page 11, Line 3enforcement agencies, shall require each candidate that
it interviewsPage 11, Line 4receives a conditional job offer for a peace officer position who has
Page 11, Line 5been employed by another law enforcement agency or governmental
Page 11, Line 6agency to execute a written waiver that explicitly authorizes each law
Page 11, Line 7enforcement agency or governmental agency that has employed the
Page 11, Line 8candidate to disclose the applicant's files, including internal affairs files,
Page 11, Line 9to the state or local law enforcement agency and releases the interviewing
Page 11, Line 10agency and each law enforcement agency or governmental agency that
Page 11, Line 11employed the candidate from any liability related to the use and disclosure
Page 11, Line 12of the files. A law enforcement agency or governmental agency may
Page 11, Line 13disclose the applicant's files by either providing copies or allowing the
Page 11, Line 14interviewing agency to review the files at the law enforcement agency's
Page 11, Line 15office or governmental agency's office. A candidate who refuses to
Page 11, Line 16execute the waiver shall not be considered for employment by the
Page 11, Line 17interviewing agency. The agency interviewing the candidate shall, at least
Page 11, Line 18twenty-one days prior to making the hiring decision, submit the waiver to
Page 11, Line 19each law enforcement agency or governmental agency that has employed
Page 11, Line 20the candidate. A state or local law enforcement agency or governmental
Page 11, Line 21agency that receives such a waiver shall provide the disclosure to the
Page 11, Line 22agency that is considering the candidate for employment not more than
Page 11, Line 23twenty-one days after such receipt. A law enforcement agency or
Page 11, Line 24governmental agency that submits the waiver to another
Page 11, Line 25agency and does not receive the disclosure shall report that
Page 11, Line 26fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T.
Page 11, Line 27board may contact the agency, and if the agency does not
Page 12, Line 1provide the disclosure within six calendar days, the P.O.S.T.
Page 12, Line 2board shall not provide the agency with P.O.S.T. board funding
Page 12, Line 3for a period of one year or shall impose fines through the
Page 12, Line 4attorney general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.
Page 12, Line 5SECTION 5. In Colorado Revised Statutes, 24-31-305, amend (1.7) as follows:
Page 12, Line 624-31-305. Certification - issuance - renewal - revocation -
Page 12, Line 7rules - definition. (1.7) (a) Unless revoked or voluntarily surrendered,
Page 12, Line 8a basic certification or reserve certification issued pursuant to this part 3
Page 12, Line 9is valid as long as the certificate holder is continuously serving as a peace
Page 12, Line 10officer,
or reserve peace officer, or works for a law enforcementPage 12, Line 11agency in a non-peace-officer role and maintains annual training requirements established by the P.O.S.T. board.
Page 12, Line 12(b) If a basic or reserve certificate holder has not served as a peace
Page 12, Line 13officer or reserve peace officer for a total of at least six months during
Page 12, Line 14any consecutive three-year period, the certification automatically expires
Page 12, Line 15at the end of such three-year period, unless the certificate holder is then
Page 12, Line 16serving as a peace officer or reserve peace officer or had previously
Page 12, Line 17voluntarily surrendered
his or her their certificate or then works for a law enforcement agency in a non-peace-officer role.Page 12, Line 18(c) The P.O.S.T. board may
promulgate adopt rules for thePage 12, Line 19renewal of certification that expired pursuant to
paragraph (b) of this subsection (1.7) subsection (1.7)(b) of this section.Page 12, Line 20SECTION 6. In Colorado Revised Statutes, amend 16-2.5-152 as follows:
Page 12, Line 2116-2.5-152. Administrators of judicial security. Administrators
Page 13, Line 1of judicial security employed by the judicial department are peace officers
Page 13, Line 2while engaged in the performance of their duties whose primary
Page 13, Line 3authority includes the protection and security of the judiciary,
Page 13, Line 4judicial department personnel, and judicial facilities and who
Page 13, Line 5may cooperate with local law enforcement and whose authority
Page 13, Line 6includes the enforcement of all laws of the state of Colorado, and the
Page 13, Line 7administrators of judicial security must be certified by the P.O.S.T. board.
Page 13, Line 8
For the purpose of seeking peace officer status for additional personnelPage 13, Line 9
under the title of judicial security administrator, notwithstanding thePage 13, Line 10
provisions of section 16-2.5-201, additional administrators of judicialPage 13, Line 11
security are granted temporary peace officer status pending applicationPage 13, Line 12
and review by the P.O.S.T. board. Following review by the P.O.S.T.Page 13, Line 13
board pursuant to section 16-2.5-201 and upon a favorablePage 13, Line 14
recommendation for peace officer status from the P.O.S.T. board to thePage 13, Line 15
general assembly, temporary peace officer status for additionalPage 13, Line 16
administrators is permanent. If the P.O.S.T. board does not recommendPage 13, Line 17
peace officer status for additional personnel under the title of judicialPage 13, Line 18
security administrator, the temporary peace officer status expires on JunePage 13, Line 19
30, 2025, unless the general assembly provides otherwise. Any peacePage 13, Line 20officer positions created pursuant to this section after January 1, 2025,
Page 13, Line 21shall be approved by the general assembly through a decision item in the judicial department's annual budget request.
Page 13, Line 22SECTION 7. In Colorado Revised Statutes, amend 16-2.5-102 as follows:
Page 13, Line 2316-2.5-102. Certified peace officer - P.O.S.T. certification
Page 13, Line 24required. The following peace officers shall meet all the standards
Page 13, Line 25imposed by law on a peace officer and shall be certified by the peace
Page 14, Line 1officers standards and training board, referred to in this article as the
Page 14, Line 2"P.O.S.T. board": A chief of police; a police officer; a sheriff; an
Page 14, Line 3undersheriff; a deputy sheriff; a Colorado state patrol officer; a town
Page 14, Line 4marshal; a deputy town marshal; a reserve police officer; a reserve deputy
Page 14, Line 5sheriff; a reserve deputy town marshal; a police officer or reserve police
Page 14, Line 6officer employed by a state institution of higher education; a Colorado
Page 14, Line 7wildlife officer; a Colorado parks and recreation officer; a Colorado
Page 14, Line 8police administrator or police officer employed by the Colorado mental
Page 14, Line 9health institute at Pueblo; an attorney general criminal investigator; a
Page 14, Line 10community parole officer; a public transit officer; a municipal court
Page 14, Line 11marshal; administrators of judicial security; and the department of corrections inspector general.
Page 14, Line 12SECTION 8. In Colorado Revised Statutes, amend 16-2.5-130 as follows:
Page 14, Line 1316-2.5-130. P.O.S.T. director - P.O.S.T. board investigator.
Page 14, Line 14The director of the P.O.S.T. board, deputy director, and a P.O.S.T.
Page 14, Line 15board investigator are peace officers while engaged in the performance
Page 14, Line 16of their duties whose primary authority shall include the enforcement of
Page 14, Line 17laws and rules pertaining to the training and certification of peace officers
Page 14, Line 18and shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
Page 14, Line 19SECTION 9. In Colorado Revised Statutes, 16-2.5-502, repeal (3)(e) as follows:
Page 14, Line 2016-2.5-502. Peace officer credibility disclosures - policies and
Page 14, Line 21procedures. (3) On or before February 1, 2022, each district attorney
Page 14, Line 22shall make available to the public the policies and procedures created and
Page 14, Line 23implemented pursuant to subsection (2) of this section. The policies and
Page 15, Line 1procedures must include, but need not be limited to, a process for a district attorney to:
Page 15, Line 2(e)
Remove any credibility disclosure notification records when appropriate and lawful.Page 15, Line 3SECTION 10. Safety clause. The general assembly finds,
Page 15, Line 4determines, and declares that this act is necessary for the immediate
Page 15, Line 5preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 6the support and maintenance of the departments of the state and state institutions.