HOUSE BILL 22-1266
BY REPRESENTATIVE(S) Tipper and Gray, Amabile, Bacon, Bernett,
Bird, Boesenecker, Duran, Esgar, Gonzales-Gutierrez, Herod, Hooton,
Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, Mullica,
Ricks, Sirota, Titone, Valdez A., Valdez D., Weissman, Woodrow, Garnett,
Benavidez;
also SENATOR(S) Winter, Buckner, Donovan, Fields, Ginal, Gonzales,
Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Story,
Fenberg.
C
ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL
COMPENSATION PHILOSOPHY TO PROVIDE FLEXIBILITY IN STATE
EMPLOYEE TOTAL COMPENSATION PRACTICES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-50-104, amend
(1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(g), (4)(c), and (5)(a) as follows:
24-50-104. Job evaluation and compensation - state employee
reserve fund - created - definitions - repeal. (1) Total compensation
philosophy. (a) (I) It is the policy of the state to provide prevailingINNOVATIVE total compensation THAT MEETS OR EXCEEDS TOTAL
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. COMPENSATION PROVIDED BY PUBLIC OR PRIVATE SECTOR EMPLOYERS OR A
COMBINATION OF BOTH
, to officers and employees in the state personnel
system to ensure the recruitment, motivation, and retention of a qualified
and competent work force
WORKFORCE. For purposes of this section, "total
compensation" includes, but is not limited to, salary, group benefit plans,
retirement benefits, merit pay, incentives, premium pay practices, and leave
AS SPECIFIED IN STATUTE OR IN POLICIES OF THE STATE PERSONNEL
DIRECTOR
. For purposes of this section, "group benefit plans" means group
benefit coverages as described in section 24-50-603 (9). A
NY MONETARY
COMPONENTS OF TOTAL COMPENSATION ARE SUBJECT TO AVAILABLE
APPROPRIATIONS BY THE GENERAL ASSEMBLY
.
(II) The state personnel director shall establish technically and
professionally sound survey methodologies to assess prevailing
total
compensation practices, levels, and costs. Except as provided in
subparagraph (III) of this paragraph (a)
SUBSECTION (1)(a)(III) OF THIS
SECTION
, for purposes of this paragraph (a)
SUBSECTION (1)(a), to determine
and maintain salaries, state contributions for group benefit plans, and merit
pay that are comparable to
MEET OR EXCEED TOTAL COMPENSATION
PROVIDED BY
public and
OR private employment SECTOR EMPLOYMENT OR
A COMBINATION OF BOTH
, the state personnel director shall annually review
the results of appropriate surveys by public or private organizations,
including surveys by the state personnel director. Any surveys provided on
a confidential basis shall not be revealed except to the state auditor's office
and the private firm conducting the audit required in paragraph (b) of
subsection (4) SUBSECTION (4)(b) of this section. The state personnel
director shall adopt appropriate procedures to determine and maintain other
elements of total compensation, including the payment of incentive awards
to employees in the state personnel system. The state personnel director's
review and determination of total compensation practices shall not be
subject to appeal except as otherwise authorized by law or state personnel
director procedures.
(III) (A) The methodologies used for purposes of determining and
maintaining prevailing
compensation for state law enforcement officers
employed by the Colorado state patrol shall be the same as the
methodologies established pursuant to subparagraph (II) of this paragraph
(a) SUBSECTION (1)(a)(II) OF THIS SECTION; except that the amount of salary
shall be at least ninety-nine percent of the actual average salary provided to
the top three law enforcement agencies within the state that have both more
PAGE 2-HOUSE BILL 22-1266 than one hundred commissioned officers and the highest actual average
salary.
(g) Benefits shall include insurance, retirement, and leaves of
absence with or without pay and may include jury duty, military duty, or
educational leaves. The state personnel director shall prescribe procedures
for the types, amounts, and conditions for all leave benefits, that are
typically consistent with prevailing practices, subject to the provisions
governing the benefits provided in subsection (7) of this section. The
general assembly shall approve any changes to leave benefits granted by
statute before such changes are implemented. The state personnel director
shall prescribe by procedure any nonstatutory benefits.
(4) Annual compensation process. (c) By September 15, 2017,
and by September 15 of each year thereafter, the state personnel director
shall submit the annual compensation report and recommendations and
estimated costs for state employee compensation for the next fiscal year,
covering salaries, state contributions for group benefit plans, and merit pay,
to the governor and the joint budget committee of the general assembly. The
recommendations shall reflect a consideration of the results of the annual
compensation survey, fiscal constraints, the ability to recruit and retain state
employees, appropriate adjustments with respect to state employee
compensation, and those costs resulting from implementation of section
24-50-110 (1)(a). The recommendations for state contributions for group
benefit plans shall specify the annual group benefit plan year established
pursuant to section 24-50-604 (1)(m). The annual compensation report shall
include the results of the surveys of public or private employers and jobs for
prevailing
total compensation and the reasons for any deviation from
prevailing total compensation in the recommendations submitted to the
governor and the joint budget committee. The state personnel director shall
also publish such report. This subsection (4)(c) is exempt from the
provisions of section 24-1-136 (11), and the periodic reporting requirements
of this section are effective until changed by the general assembly acting by
bill.
(5) Pay plans. (a) The state personnel director shall establish pay
plans as technically and professionally necessary and shall establish any
procedures and directives required to implement the state's prevailing
INNOVATIVE total compensation philosophy as defined in subsection (1) of
this section.
PAGE 3-HOUSE BILL 22-1266 SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 22-1266