Colorado 2022 Regular Session

Colorado House Bill HB1266 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0844.01 Nicole Myers x4326
1	8		HOUSE BILL 22-1266
2		-	BY REPRESENTATIVE(S) Tipper and Gray, Amabile, Bacon, Bernett,
3		-	Bird, Boesenecker, Duran, Esgar, Gonzales-Gutierrez, Herod, Hooton,
4		-	Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, Mullica,
5		-	Ricks, Sirota, Titone, Valdez A., Valdez D., Weissman, Woodrow, Garnett,
6		-	Benavidez;
7		-	also SENATOR(S) Winter, Buckner, Donovan, Fields, Ginal, Gonzales,
8		-	Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Story,
9		-	Fenberg.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
10	12		C
11		-	ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL
12		-	COMPENSATION PHILOSOPHY TO PROVIDE FLEXIBILITY IN STATE
13		-	EMPLOYEE TOTAL COMPENSATION PRACTICES
14		-	.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 24-50-104, amend
17		-	(1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(g), (4)(c), and (5)(a) as follows:
18		-	24-50-104. Job evaluation and compensation - state employee
19		-	reserve fund - created - definitions - repeal. (1) Total compensation
20		-	philosophy. (a) (I) It is the policy of the state to provide prevailingINNOVATIVE total compensation THAT MEETS OR EXCEEDS TOTAL
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. COMPENSATION PROVIDED BY PUBLIC OR PRIVATE SECTOR EMPLOYERS OR A
29		-	COMBINATION OF BOTH
30		-	, to officers and employees in the state personnel
31		-	system to ensure the recruitment, motivation, and retention of a qualified
32		-	and competent work force
33		-	WORKFORCE. For purposes of this section, "total
34		-	compensation" includes, but is not limited to, salary, group benefit plans,
35		-	retirement benefits, merit pay, incentives, premium pay practices, and leave
36		-	AS SPECIFIED IN STATUTE OR IN POLICIES OF THE STATE PERSONNEL
37		-	DIRECTOR
38		-	. For purposes of this section, "group benefit plans" means group
39		-	benefit coverages as described in section 24-50-603 (9). A
40		-	NY MONETARY
41		-	COMPONENTS OF TOTAL COMPENSATION ARE SUBJECT TO AVAILABLE
42		-	APPROPRIATIONS BY THE GENERAL ASSEMBLY
43		-	.
44		-	(II) The state personnel director shall establish technically and
45		-	professionally sound survey methodologies to assess prevailing
46		-	total
47		-	compensation practices, levels, and costs. Except as provided in
48		-	subparagraph (III) of this paragraph (a)
49		-	SUBSECTION (1)(a)(III) OF THIS
50		-	SECTION
51		-	, for purposes of this paragraph (a)
52		-	SUBSECTION (1)(a), to determine
53		-	and maintain salaries, state contributions for group benefit plans, and merit
54		-	pay that are comparable to
55		-	MEET OR EXCEED TOTAL COMPENSATION
56		-	PROVIDED BY
57		-	public and
58		-	OR private employment SECTOR EMPLOYMENT OR
59		-	A COMBINATION OF BOTH
60		-	, the state personnel director shall annually review
61		-	the results of appropriate surveys by public or private organizations,
62		-	including surveys by the state personnel director. Any surveys provided on
63		-	a confidential basis shall not be revealed except to the state auditor's office
64		-	and the private firm conducting the audit required in paragraph (b) of
65		-	subsection (4) SUBSECTION (4)(b) of this section. The state personnel
66		-	director shall adopt appropriate procedures to determine and maintain other
67		-	elements of total compensation, including the payment of incentive awards
68		-	to employees in the state personnel system. The state personnel director's
69		-	review and determination of total compensation practices shall not be
70		-	subject to appeal except as otherwise authorized by law or state personnel
71		-	director procedures.
72		-	(III) (A) The methodologies used for purposes of determining and
73		-	maintaining prevailing
74		-	compensation for state law enforcement officers
75		-	employed by the Colorado state patrol shall be the same as the
76		-	methodologies established pursuant to subparagraph (II) of this paragraph
77		-	(a) SUBSECTION (1)(a)(II) OF THIS SECTION; except that the amount of salary
78		-	shall be at least ninety-nine percent of the actual average salary provided to
79		-	the top three law enforcement agencies within the state that have both more
80		-	PAGE 2-HOUSE BILL 22-1266 than one hundred commissioned officers and the highest actual average
81		-	salary.
82		-	(g) Benefits shall include insurance, retirement, and leaves of
83		-	absence with or without pay and may include jury duty, military duty, or
84		-	educational leaves. The state personnel director shall prescribe procedures
85		-	for the types, amounts, and conditions for all leave benefits, that are
86		-	typically consistent with prevailing practices, subject to the provisions
87		-	governing the benefits provided in subsection (7) of this section. The
88		-	general assembly shall approve any changes to leave benefits granted by
89		-	statute before such changes are implemented. The state personnel director
90		-	shall prescribe by procedure any nonstatutory benefits.
91		-	(4) Annual compensation process. (c) By September 15, 2017,
92		-	and by September 15 of each year thereafter, the state personnel director
93		-	shall submit the annual compensation report and recommendations and
94		-	estimated costs for state employee compensation for the next fiscal year,
95		-	covering salaries, state contributions for group benefit plans, and merit pay,
96		-	to the governor and the joint budget committee of the general assembly. The
97		-	recommendations shall reflect a consideration of the results of the annual
98		-	compensation survey, fiscal constraints, the ability to recruit and retain state
99		-	employees, appropriate adjustments with respect to state employee
100		-	compensation, and those costs resulting from implementation of section
101		-	24-50-110 (1)(a). The recommendations for state contributions for group
102		-	benefit plans shall specify the annual group benefit plan year established
103		-	pursuant to section 24-50-604 (1)(m). The annual compensation report shall
104		-	include the results of the surveys of public or private employers and jobs for
105		-	prevailing
106		-	total compensation and the reasons for any deviation from
107		-	prevailing total compensation in the recommendations submitted to the
108		-	governor and the joint budget committee. The state personnel director shall
109		-	also publish such report. This subsection (4)(c) is exempt from the
110		-	provisions of section 24-1-136 (11), and the periodic reporting requirements
111		-	of this section are effective until changed by the general assembly acting by
112		-	bill.
113		-	(5) Pay plans. (a) The state personnel director shall establish pay
114		-	plans as technically and professionally necessary and shall establish any
115		-	procedures and directives required to implement the state's prevailing
116		-	INNOVATIVE total compensation philosophy as defined in subsection (1) of
117		-	this section.
118		-	PAGE 3-HOUSE BILL 22-1266 SECTION 2. Safety clause. The general assembly hereby finds,
119		-	determines, and declares that this act is necessary for the immediate
120		-	preservation of the public peace, health, or safety.
121		-	____________________________ ____________________________
122		-	Alec Garnett Steve Fenberg
123		-	SPEAKER OF THE HOUSE PRESIDENT OF
124		-	OF REPRESENTATIVES THE SENATE
125		-	____________________________ ____________________________
126		-	Robin Jones Cindi L. Markwell
127		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
128		-	OF REPRESENTATIVES THE SENATE
129		-	APPROVED________________________________________
130		-	(Date and Time)
131		-	_________________________________________
132		-	Jared S. Polis
133		-	GOVERNOR OF THE STATE OF COLORADO
134		-	PAGE 4-HOUSE BILL 22-1266
	13	+	ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL101
	14	+	COMPENSATION PHILOSOPHY TO PROVIDE FLEXIBILITY IN STATE102
	15	+	EMPLOYEE TOTAL COMPENSATION PRACTICES .103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Current law specifies that it is the policy of the state to provide
	24	+	prevailing total compensation to officers and employees in the state
	25	+	personnel system to ensure the recruitment, motivation, and retention of
	26	+	a qualified and competent workforce. Current law also directs the state
	27	+	personnel director to prescribe procedures for leave benefits that are
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 21, 2022
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 18, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 7, 2022
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	March 4, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	Tipper and Gray, Amabile, Bacon, Bernett, Bird, Boesenecker, Duran, Esgar, Garnett,
	42	+	Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie,
	43	+	McCormick, Mullica, Ricks, Sirota, Titone, Valdez A., Valdez D., Weissman, Woodrow
	44	+	SENATE SPONSORSHIP
	45	+	Winter, Buckner, Donovan, Fenberg, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez
	46	+	Lewis, Kolker, Lee, Moreno, Pettersen, Story
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. typically consistent with prevailing practices. Current law has prevented
	50	+	the state personnel director from providing certain benefits to state
	51	+	employees that are not typically consistent with prevailing practices.
	52	+	The bill eliminates references to "prevailing" total compensation
	53	+	and "prevailing practices" in connection with state employee benefits.
	54	+	The bill also modifies the total compensation philosophy to specify that
	55	+	it is the policy of the state to provide innovative total compensation that
	56	+	meets or exceeds total compensation provided by public or private sector
	57	+	employers to officers and employees in the state personnel system to
	58	+	ensure the recruitment, motivation, and retention of a qualified and
	59	+	competent workforce.
	60	+	Be it enacted by the General Assembly of the State of Colorado:1
	61	+	SECTION 1. In Colorado Revised Statutes, 24-50-104, amend2
	62	+	(1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(g), (4)(c), and (5)(a) as follows:3
	63	+	24-50-104. Job evaluation and compensation - state employee4
	64	+	reserve fund - created - definitions - repeal. (1) Total compensation5
	65	+	philosophy. (a) (I) It is the policy of the state to provide prevailing
	66	+	6
	67	+	INNOVATIVE total compensation THAT MEETS OR EXCEEDS TOTAL7
	68	+	COMPENSATION PROVIDED BY PUBLIC OR PRIVATE SECTOR EMPLOYERS OR8
	69	+	A COMBINATION OF BOTH, to officers and employees in the state personnel9
	70	+	system to ensure the recruitment, motivation, and retention of a qualified10
	71	+	and competent work force WORKFORCE. For purposes of this section,11
	72	+	"total compensation" includes, but is not limited to, salary, group benefit12
	73	+	plans, retirement benefits, merit pay, incentives, premium pay practices,13
	74	+	and leave
	75	+	AS SPECIFIED IN STATUTE OR IN POLICIES OF THE STATE14
	76	+	PERSONNEL DIRECTOR. For purposes of this section, "group benefit plans"15
	77	+	means group benefit coverages as described in section 24-50-603 (9).16
	78	+	A
	79	+	NY MONETARY COMPONENTS OF TOTAL COMPENSATION ARE SUBJECT TO
	80	+	17
	81	+	AVAILABLE APPROPRIATIONS BY THE GENERAL ASSEMBLY .18
	82	+	(II) The state personnel director shall establish technically and19
	83	+	1266-2- professionally sound survey methodologies to assess prevailing total1
	84	+	compensation practices, levels, and costs. Except as provided in2
	85	+	subparagraph (III) of this paragraph (a) SUBSECTION (1)(a)(III) OF THIS3
	86	+	SECTION, for purposes of this paragraph (a) SUBSECTION (1)(a), to4
	87	+	determine and maintain salaries, state contributions for group benefit5
	88	+	plans, and merit pay that are comparable to MEET OR EXCEED TOTAL6
	89	+	COMPENSATION PROVIDED BY public and OR private employment SECTOR7
	90	+	EMPLOYMENT OR A COMBINATION OF BOTH , the state personnel director8
	91	+	shall annually review the results of appropriate surveys by public or9
	92	+	private organizations, including surveys by the state personnel director.10
	93	+	Any surveys provided on a confidential basis shall not be revealed except11
	94	+	to the state auditor's office and the private firm conducting the audit12
	95	+	required in paragraph (b) of subsection (4) SUBSECTION (4)(b) of this13
	96	+	section. The state personnel director shall adopt appropriate procedures14
	97	+	to determine and maintain other elements of total compensation,15
	98	+	including the payment of incentive awards to employees in the state16
	99	+	personnel system. The state personnel director's review and determination17
	100	+	of total compensation practices shall not be subject to appeal except as18
	101	+	otherwise authorized by law or state personnel director procedures.19
	102	+	(III) (A) The methodologies used for purposes of determining and20
	103	+	maintaining prevailing compensation for state law enforcement officers21
	104	+	employed by the Colorado state patrol shall be the same as the22
	105	+	methodologies established pursuant to subparagraph (II) of this paragraph23
	106	+	(a) SUBSECTION (1)(a)(II) OF THIS SECTION; except that the amount of24
	107	+	salary shall be at least ninety-nine percent of the actual average salary25
	108	+	provided to the top three law enforcement agencies within the state that26
	109	+	have both more than one hundred commissioned officers and the highest27
	110	+	1266
	111	+	-3- actual average salary.1
	112	+	(g) Benefits shall include insurance, retirement, and leaves of2
	113	+	absence with or without pay and may include jury duty, military duty, or3
	114	+	educational leaves. The state personnel director shall prescribe procedures4
	115	+	for the types, amounts, and conditions for all leave benefits, that are5
	116	+	typically consistent with prevailing practices, subject to the provisions6
	117	+	governing the benefits provided in subsection (7) of this section. The7
	118	+	general assembly shall approve any changes to leave benefits granted by8
	119	+	statute before such changes are implemented. The state personnel director9
	120	+	shall prescribe by procedure any nonstatutory benefits.10
	121	+	(4) Annual compensation process. (c) By September 15, 2017,11
	122	+	and by September 15 of each year thereafter, the state personnel director12
	123	+	shall submit the annual compensation report and recommendations and13
	124	+	estimated costs for state employee compensation for the next fiscal year,14
	125	+	covering salaries, state contributions for group benefit plans, and merit15
	126	+	pay, to the governor and the joint budget committee of the general16
	127	+	assembly. The recommendations shall reflect a consideration of the17
	128	+	results of the annual compensation survey, fiscal constraints, the ability18
	129	+	to recruit and retain state employees, appropriate adjustments with respect19
	130	+	to state employee compensation, and those costs resulting from20
	131	+	implementation of section 24-50-110 (1)(a). The recommendations for21
	132	+	state contributions for group benefit plans shall specify the annual group22
	133	+	benefit plan year established pursuant to section 24-50-604 (1)(m). The23
	134	+	annual compensation report shall include the results of the surveys of24
	135	+	public or private employers and jobs for prevailing total compensation25
	136	+	and the reasons for any deviation from prevailing total compensation in26
	137	+	the recommendations submitted to the governor and the joint budget27
	138	+	1266
	139	+	-4- committee. The state personnel director shall also publish such report.1
	140	+	This subsection (4)(c) is exempt from the provisions of section 24-1-1362
	141	+	(11), and the periodic reporting requirements of this section are effective3
	142	+	until changed by the general assembly acting by bill.4
	143	+	(5) Pay plans. (a) The state personnel director shall establish pay5
	144	+	plans as technically and professionally necessary and shall establish any6
	145	+	procedures and directives required to implement the state's prevailing7
	146	+	INNOVATIVE total compensation philosophy as defined in subsection (1)8
	147	+	of this section.9
	148	+	SECTION 2. Safety clause. The general assembly hereby finds,10
	149	+	determines, and declares that this act is necessary for the immediate11
	150	+	preservation of the public peace, health, or safety.12
	151	+	1266
	152	+	-5-