Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0844.01 Nicole Myers x4326
HOUSE BILL 22-1266
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL101
COMPENSATION PHILOSOPHY TO PROVIDE FLEXIBILITY IN STATE102
EMPLOYEE TOTAL COMPENSATION PRACTICES .103
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
.)
Current law specifies that it is the policy of the state to provide
prevailing total compensation to officers and employees in the state
personnel system to ensure the recruitment, motivation, and retention of
a qualified and competent workforce. Current law also directs the state
personnel director to prescribe procedures for leave benefits that are
HOUSE
3rd Reading Unamended
March 7, 2022
HOUSE
2nd Reading Unamended
March 4, 2022
HOUSE SPONSORSHIP
Tipper and Gray, Amabile, Bacon, Bernett, Bird, Boesenecker, Duran, Esgar, Garnett,
Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie,
McCormick, Mullica, Ricks, Sirota, Titone, Valdez A., Valdez D., Weissman, Woodrow
SENATE SPONSORSHIP
Winter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. typically consistent with prevailing practices. Current law has prevented
the state personnel director from providing certain benefits to state
employees that are not typically consistent with prevailing practices.
The bill eliminates references to "prevailing" total compensation
and "prevailing practices" in connection with state employee benefits.
The bill also modifies the total compensation philosophy to specify that
it is the policy of the state to provide innovative total compensation that
meets or exceeds total compensation provided by public or private sector
employers to officers and employees in the state personnel system to
ensure the recruitment, motivation, and retention of a qualified and
competent workforce.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-50-104, amend2
(1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(g), (4)(c), and (5)(a) as follows:3
24-50-104. Job evaluation and compensation - state employee4
reserve fund - created - definitions - repeal. (1) Total compensation5
philosophy. (a) (I) It is the policy of the state to provide prevailing
6
INNOVATIVE total compensation THAT MEETS OR EXCEEDS TOTAL7
COMPENSATION PROVIDED BY PUBLIC OR PRIVATE SECTOR EMPLOYERS OR8
A COMBINATION OF BOTH, to officers and employees in the state personnel9
system to ensure the recruitment, motivation, and retention of a qualified10
and competent work force WORKFORCE. For purposes of this section,11
"total compensation" includes, but is not limited to, salary, group benefit12
plans, retirement benefits, merit pay, incentives, premium pay practices,13
and leave
AS SPECIFIED IN STATUTE OR IN POLICIES OF THE STATE14
PERSONNEL DIRECTOR. For purposes of this section, "group benefit plans"15
means group benefit coverages as described in section 24-50-603 (9).16
(II) The state personnel director shall establish technically and17
professionally sound survey methodologies to assess prevailing
total18
compensation practices, levels, and costs. Except as provided in19
1266-2- subparagraph (III) of this paragraph (a) SUBSECTION (1)(a)(III) OF THIS1
SECTION, for purposes of this paragraph (a) SUBSECTION (1)(a), to2
determine and maintain salaries, state contributions for group benefit3
plans, and merit pay that are comparable to MEET OR EXCEED TOTAL4
COMPENSATION PROVIDED BY public and OR private employment SECTOR5
EMPLOYMENT OR A COMBINATION OF BOTH , the state personnel director6
shall annually review the results of appropriate surveys by public or7
private organizations, including surveys by the state personnel director.8
Any surveys provided on a confidential basis shall not be revealed except9
to the state auditor's office and the private firm conducting the audit10
required in paragraph (b) of subsection (4) SUBSECTION (4)(b) of this11
section. The state personnel director shall adopt appropriate procedures12
to determine and maintain other elements of total compensation,13
including the payment of incentive awards to employees in the state14
personnel system. The state personnel director's review and determination15
of total compensation practices shall not be subject to appeal except as16
otherwise authorized by law or state personnel director procedures.17
(III) (A) The methodologies used for purposes of determining and18
maintaining prevailing compensation for state law enforcement officers19
employed by the Colorado state patrol shall be the same as the20
methodologies established pursuant to subparagraph (II) of this paragraph21
(a) SUBSECTION (1)(a)(II) OF THIS SECTION; except that the amount of22
salary shall be at least ninety-nine percent of the actual average salary23
provided to the top three law enforcement agencies within the state that24
have both more than one hundred commissioned officers and the highest25
actual average salary.26
(g) Benefits shall include insurance, retirement, and leaves of27
1266
-3- absence with or without pay and may include jury duty, military duty, or1
educational leaves. The state personnel director shall prescribe procedures2
for the types, amounts, and conditions for all leave benefits, that are3
typically consistent with prevailing practices, subject to the provisions4
governing the benefits provided in subsection (7) of this section. The5
general assembly shall approve any changes to leave benefits granted by6
statute before such changes are implemented. The state personnel director7
shall prescribe by procedure any nonstatutory benefits.8
(4) Annual compensation process. (c) By September 15, 2017,9
and by September 15 of each year thereafter, the state personnel director10
shall submit the annual compensation report and recommendations and11
estimated costs for state employee compensation for the next fiscal year,12
covering salaries, state contributions for group benefit plans, and merit13
pay, to the governor and the joint budget committee of the general14
assembly. The recommendations shall reflect a consideration of the15
results of the annual compensation survey, fiscal constraints, the ability16
to recruit and retain state employees, appropriate adjustments with respect17
to state employee compensation, and those costs resulting from18
implementation of section 24-50-110 (1)(a). The recommendations for19
state contributions for group benefit plans shall specify the annual group20
benefit plan year established pursuant to section 24-50-604 (1)(m). The21
annual compensation report shall include the results of the surveys of22
public or private employers and jobs for prevailing total compensation23
and the reasons for any deviation from prevailing total compensation in24
the recommendations submitted to the governor and the joint budget25
committee. The state personnel director shall also publish such report.26
This subsection (4)(c) is exempt from the provisions of section 24-1-13627
1266
-4- (11), and the periodic reporting requirements of this section are effective1
until changed by the general assembly acting by bill.2
(5) Pay plans. (a) The state personnel director shall establish pay3
plans as technically and professionally necessary and shall establish any4
procedures and directives required to implement the state's prevailing5
INNOVATIVE total compensation philosophy as defined in subsection (1)6
of this section.7
SECTION 2. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
1266
-5-