7 | | - | ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL |
---|
8 | | - | COMPENSATION PHILOSOPHY |
---|
9 | | - | , AND, IN CONNECTION THEREWITH , |
---|
10 | | - | REQUIRING THE DIRECTOR OF PERSONNEL TO ESTABLISH A STEP PAY |
---|
11 | | - | SYSTEM FOR STATE EMPLOYEES IN THE STATE PERSONNEL SYSTEM |
---|
12 | | - | . |
---|
13 | | - | |
---|
14 | | - | Be it enacted by the General Assembly of the State of Colorado: |
---|
15 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
---|
16 | | - | finds and declares that: |
---|
17 | | - | (a) State employees are valued partners in the work of the state; |
---|
18 | | - | (b) State employees should receive compensation based on a pay |
---|
19 | | - | system that provides predictable salary increases; |
---|
20 | | - | (c) Pay and pay schedules for classified employees should be |
---|
21 | | - | aligned with the state's total compensation philosophy and step pay per the |
---|
22 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
---|
23 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
---|
24 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
---|
25 | | - | history, or the Session Laws. |
---|
26 | | - | ________ |
---|
27 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
---|
28 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
---|
29 | | - | the act. partnership agreement with the certified employee organization pursuant to |
---|
30 | | - | section 24-50-1102. |
---|
31 | | - | SECTION 2. In Colorado Revised Statutes, 24-50-104, amend |
---|
32 | | - | (1)(a)(I), (1)(a)(II), (1)(c)(I), (1)(c)(II) introductory portion, (1)(c)(II)(C), |
---|
33 | | - | (1)(c)(IV), (1)(c.5)(I), (1)(j)(II)(A), (4)(a), (4)(b)(I), (4)(c), (5)(d), and |
---|
34 | | - | (5)(e); repeal (1)(c)(I.1), (1)(c)(I.2), (1)(c)(I.3), (1)(c)(I.5), (1)(c)(I.7), |
---|
35 | | - | (1)(c)(I.9), (1)(c)(II)(D), (1)(c)(II)(F), (1)(c.5)(II), and (1)(c.7); and add |
---|
36 | | - | (1)(a)(II.5) and (1)(c)(II)(H) as follows: |
---|
37 | | - | 24-50-104. Job evaluation and compensation - state employee |
---|
38 | | - | reserve fund - created - study - report - definitions - repeal. (1) Total |
---|
39 | | - | compensation philosophy. (a) (I) It is the policy of the state to provide |
---|
40 | | - | innovative total compensation that meets or exceeds total compensation |
---|
41 | | - | provided by public or private sector employers or a combination of both, to |
---|
42 | | - | officers and employees in the state personnel system to ensure the |
---|
43 | | - | recruitment, motivation, and retention of a qualified and competent |
---|
44 | | - | workforce. For purposes of this section, "total compensation" includes, but |
---|
45 | | - | is not limited to, salary, group benefit plans, retirement benefits, merit |
---|
46 | | - | STEP |
---|
47 | | - | 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). Any monetary components of total compensation are subject to available appropriations by the general assembly. |
---|
48 | | - | (II) The state personnel director shall establish technically and |
---|
49 | | - | professionally sound survey methodologies to assess total compensation |
---|
50 | | - | practices, levels, and costs. Except as provided in subsection (1)(a)(III) of |
---|
51 | | - | this section, for purposes of this subsection (1)(a), to determine and |
---|
52 | | - | maintain salaries, state contributions for group benefit plans, and merit |
---|
53 | | - | STEP |
---|
54 | | - | pay that meet or exceed total compensation provided by public or private sector employment or a combination of both, the state personnel director shall quadrennially review the results of appropriate surveys by public or private organizations, including surveys by the state personnel director set forth in subsection (4)(b)(I) of this section. 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 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. |
---|
55 | | - | PAGE 2-HOUSE BILL 24-1467 The state personnel director's review and determination of total |
---|
56 | | - | compensation practices shall not be subject to appeal except as otherwise |
---|
57 | | - | authorized by law or state personnel director procedures. |
---|
58 | | - | (II.5) W |
---|
59 | | - | HEN ESTABLISHING PAY PLANS IN ACCORDANCE WITH |
---|
60 | | - | SUBSECTION |
---|
61 | | - | (5) OF THIS SECTION AND RECOMMENDING COMPENSATION FOR |
---|
62 | | - | STATE EMPLOYEES IN ACCORDANCE WITH SUBSECTION |
---|
63 | | - | (4) OF THIS SECTION, |
---|
64 | | - | THE STATE PERSONNEL DIRECTOR SHALL DEVELOP , AFTER NEGOTIATIONS |
---|
65 | | - | WITH THE CERTIFIED EMPLOYEE ORGANIZATION PURSUANT TO SECTION |
---|
66 | | - | 24-50-1112, AN EQUITABLE PAY STRUCTURE FOR EMPLOYEES IN THE STATE |
---|
67 | | - | PERSONNEL SYSTEM THAT PROVIDES CONSISTENT AND PREDICTABLE SALARY |
---|
68 | | - | INCREASES IN COMPLIANCE WITH ANY FEDERAL OR STATE LAWS AND KEEPS |
---|
69 | | - | THE STATE EMPLOYEE WORKFORCE COMPETITIVE WITH MARKET |
---|
70 | | - | COMPENSATION |
---|
71 | | - | . THE REQUIREMENTS OF THIS SUBSECTION (1)(a)(II.5) DO |
---|
72 | | - | NOT APPLY TO EMPLOYEES OF THE STATE AUDITOR |
---|
73 | | - | , IN ACCORDANCE WITH |
---|
74 | | - | SUBSECTION |
---|
75 | | - | (1)(h) OF THIS SECTION. |
---|
76 | | - | (c) (I) The state personnel director shall establish a merit |
---|
77 | | - | STEP pay |
---|
78 | | - | system in order to provide periodic salary increases for employees in the |
---|
79 | | - | state personnel system; |
---|
80 | | - | EXCEPT THAT THE STEP PAY SYSTEM DOES NOT |
---|
81 | | - | APPLY TO EMPLOYEES OF THE STATE AUDITOR |
---|
82 | | - | , IN ACCORDANCE WITH |
---|
83 | | - | SUBSECTION |
---|
84 | | - | (1)(h) OF THIS SECTION. The purpose of the merit |
---|
85 | | - | STEP pay |
---|
86 | | - | system is to provide salary increases for employees based on performance |
---|
87 | | - | evaluations and salary placement within the appropriate salary range. The |
---|
88 | | - | state personnel director shall develop the merit pay system so that a merit |
---|
89 | | - | pay increase is based on the relationship of performance rating distribution |
---|
90 | | - | and salary range distribution. The merit pay system must include the |
---|
91 | | - | following characteristics: |
---|
92 | | - | (A) Salary range is divided into quartiles, except as set forth in |
---|
93 | | - | subparagraph (I.1) of this paragraph (c); |
---|
94 | | - | (B) The lowest quartile or distribution zone in relation to the |
---|
95 | | - | midpoint has the highest rate of merit pay, and the rate for each successive |
---|
96 | | - | quartile or distribution zone is less than the preceding quartile or |
---|
97 | | - | distribution zone, except as provided in sub-subparagraph (E) of this |
---|
98 | | - | subparagraph (I); |
---|
99 | | - | (C) Performance evaluations are divided into three performance |
---|
100 | | - | categories, except as set forth in subparagraph (I.1) of this paragraph (c); |
---|
101 | | - | PAGE 3-HOUSE BILL 24-1467 (D) The highest performance category has the highest rate of merit |
---|
102 | | - | pay, and the rate for each lower performance category is less than the |
---|
103 | | - | preceding category, except as provided in sub-subparagraph (E) of this |
---|
104 | | - | subparagraph (I); and |
---|
105 | | - | (E) Employees who receive an unsatisfactory performance |
---|
106 | | - | evaluation are not eligible for merit pay. |
---|
107 | | - | (I.1) On or after September 1, 2015, the state personnel director |
---|
108 | | - | shall review the effectiveness of the use of quartiles for salary range and |
---|
109 | | - | three performance categories in the merit pay system. Based on the review, |
---|
110 | | - | the state personnel director may adjust the number of distribution zones or |
---|
111 | | - | performance categories to be used in the system. Thereafter, the state |
---|
112 | | - | personnel director shall conduct a biennial review of the distribution zones |
---|
113 | | - | and performance categories and may adjust the number of distribution zones |
---|
114 | | - | or performance categories based on the review. The minimum number of |
---|
115 | | - | distribution zones the state personnel director may establish is three, and the |
---|
116 | | - | maximum number is six. |
---|
117 | | - | (I.2) If a state department or institution of higher education has a |
---|
118 | | - | performance review system that has a different number of performance |
---|
119 | | - | categories than the number used by the state personnel director in the merit |
---|
120 | | - | pay system, the state personnel director shall establish a method for |
---|
121 | | - | converting the departmental or institutional categories into the categories |
---|
122 | | - | used in the merit pay system. |
---|
123 | | - | (I.3) Based on professionally sound survey methodologies, the state |
---|
124 | | - | personnel director shall establish annually one or more priority groups of |
---|
125 | | - | employees that have priority to receive merit pay based on available |
---|
126 | | - | moneys. The priority groups must be based on length of service, relation to |
---|
127 | | - | the salary range midpoint, performance, recruitment, retention needs, and |
---|
128 | | - | other factors established by the director. The amount of merit pay that an |
---|
129 | | - | employee in the state personnel system may receive depends first on the |
---|
130 | | - | employee's priority group and then on the amount of merit pay, if any, |
---|
131 | | - | associated with the employee's performance category and salary range. |
---|
132 | | - | (I.5) (A) Except as set forth in sub-subparagraph (B) of this |
---|
133 | | - | subparagraph (I.5), the merit pay system applies uniformly across state |
---|
134 | | - | departments and institutions of higher education subject to the provisions |
---|
135 | | - | of subparagraph (I.9) of this paragraph (c). For each state fiscal year the |
---|
136 | | - | PAGE 4-HOUSE BILL 24-1467 state personnel director shall determine the appropriate merit pay rates that |
---|
137 | | - | apply to all state departments and institutions and the priority group or |
---|
138 | | - | groups that receive merit pay. |
---|
139 | | - | (B) Notwithstanding any provision of this section to the contrary, an |
---|
140 | | - | institution of higher education may enact its own merit pay system, so long |
---|
141 | | - | as the system is consistent with the provisions of this subsection (1). |
---|
142 | | - | (I.7) An employee who is at or above the maximum amount for his |
---|
143 | | - | or her salary range is not eligible for a merit pay salary increase, but is |
---|
144 | | - | eligible for a merit pay payment that is nonbase building. |
---|
145 | | - | (I.9) Merit pay is subject to available appropriations. Except as set |
---|
146 | | - | forth in subparagraph (II) of paragraph (j) of this subsection (1), the general |
---|
147 | | - | assembly shall appropriate any moneys for merit pay in the annual general |
---|
148 | | - | appropriation act in suitable personal services line items or other line items |
---|
149 | | - | that include salary appropriations. |
---|
150 | | - | (II) In addition to any other requirements set forth in this paragraph |
---|
151 | | - | (c), SUBSECTION (1)(c)(II), the department of personnel shall develop the |
---|
152 | | - | merit STEP pay system so that it: |
---|
153 | | - | (C) Is developed with input from employees in the state personnel |
---|
| 13 | + | ONCERNING MODIFICATIONS TO THE STATE EMPLOYEE TOTAL101 |
---|
| 14 | + | COMPENSATION PHILOSOPHY , AND, IN CONNECTION THEREWITH,102 |
---|
| 15 | + | REQUIRING THE DIRECTOR OF PERSONNEL TO ESTABLISH A STEP103 |
---|
| 16 | + | PAY SYSTEM FOR STATE EMPLOYEES IN THE STATE PERSONNEL104 |
---|
| 17 | + | SYSTEM.105 |
---|
| 18 | + | Bill Summary |
---|
| 19 | + | (Note: This summary applies to this bill as introduced and does |
---|
| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
---|
| 21 | + | passes third reading in the house of introduction, a bill summary that |
---|
| 22 | + | applies to the reengrossed version of this bill will be available at |
---|
| 23 | + | http://leg.colorado.gov/ |
---|
| 24 | + | .) |
---|
| 25 | + | Joint Budget Committee. Currently, the state personnel director |
---|
| 26 | + | (director) is required to establish survey methodologies to assess total |
---|
| 27 | + | SENATE |
---|
| 28 | + | 3rd Reading Unamended |
---|
| 29 | + | May 7, 2024 |
---|
| 30 | + | SENATE |
---|
| 31 | + | 2nd Reading Unamended |
---|
| 32 | + | May 5, 2024 |
---|
| 33 | + | HOUSE |
---|
| 34 | + | 3rd Reading Unamended |
---|
| 35 | + | May 3, 2024 |
---|
| 36 | + | HOUSE |
---|
| 37 | + | Amended 2nd Reading |
---|
| 38 | + | May 2, 2024 |
---|
| 39 | + | HOUSE SPONSORSHIP |
---|
| 40 | + | Bird and Sirota, Taggart, Amabile, Brown, Daugherty, Epps, Mauro, McCluskie, Young |
---|
| 41 | + | SENATE SPONSORSHIP |
---|
| 42 | + | Zenzinger and Bridges, Kirkmeyer, Buckner, Exum, Fields, Hinrichsen, Mullica, Priola, |
---|
| 43 | + | Roberts, Will |
---|
| 44 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
---|
| 45 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
---|
| 46 | + | Dashes through the words or numbers indicate deletions from existing law. compensation practices. Under these compensation practices, a state |
---|
| 47 | + | employee in the state personnel system (employee) may receive merit pay |
---|
| 48 | + | as part of their total compensation. The bill requires the director to |
---|
| 49 | + | establish a "step pay" structure that provides consistent salary increases |
---|
| 50 | + | for employees instead of permitting merit pay. |
---|
| 51 | + | The bill also repeals the requirement that employees of the division |
---|
| 52 | + | of worker's compensation and the division of labor standards and |
---|
| 53 | + | statistics in the department of labor and employment be paid on a monthly |
---|
| 54 | + | basis. |
---|
| 55 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
---|
| 56 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
---|
| 57 | + | finds and declares that:3 |
---|
| 58 | + | (a) State employees are valued partners in the work of the state;4 |
---|
| 59 | + | (b) State employees should receive compensation based on a pay5 |
---|
| 60 | + | system that provides predictable salary increases;6 |
---|
| 61 | + | (c) Pay and pay schedules for classified employees should be7 |
---|
| 62 | + | aligned with the state's total compensation philosophy and step pay per8 |
---|
| 63 | + | the partnership agreement with the certified employee organization9 |
---|
| 64 | + | pursuant to section 24-50-1102.10 |
---|
| 65 | + | SECTION 2. In Colorado Revised Statutes, 24-50-104, amend11 |
---|
| 66 | + | (1)(a)(I), (1)(a)(II), (1)(c)(I), (1)(c)(II) introductory portion, (1)(c)(II)(C),12 |
---|
| 67 | + | (1)(c)(IV), (1)(c.5)(I), (1)(j)(II)(A), (4)(a), (4)(b)(I), (4)(c), (5)(d), and13 |
---|
| 68 | + | (5)(e); repeal (1)(c)(I.1), (1)(c)(I.2), (1)(c)(I.3), (1)(c)(I.5), (1)(c)(I.7),14 |
---|
| 69 | + | (1)(c)(I.9), (1)(c)(II)(D), (1)(c)(II)(F), (1)(c.5)(II), and (1)(c.7); and add15 |
---|
| 70 | + | (1)(a)(II.5) and (1)(c)(II)(H) as follows:16 |
---|
| 71 | + | 24-50-104. Job evaluation and compensation - state employee17 |
---|
| 72 | + | reserve fund - created - study - report - definitions - repeal. (1) Total18 |
---|
| 73 | + | compensation philosophy. (a) (I) It is the policy of the state to provide19 |
---|
| 74 | + | innovative total compensation that meets or exceeds total compensation20 |
---|
| 75 | + | 1467-2- provided by public or private sector employers or a combination of both,1 |
---|
| 76 | + | to officers and employees in the state personnel system to ensure the2 |
---|
| 77 | + | recruitment, motivation, and retention of a qualified and competent3 |
---|
| 78 | + | workforce. For purposes of this section, "total compensation" includes,4 |
---|
| 79 | + | but is not limited to, salary, group benefit plans, retirement benefits, merit5 |
---|
| 80 | + | STEP pay, incentives, premium pay practices, and leave as specified in6 |
---|
| 81 | + | statute or in policies of the state personnel director. For purposes of this7 |
---|
| 82 | + | section, "group benefit plans" means group benefit coverages as described8 |
---|
| 83 | + | in section 24-50-603 (9). Any monetary components of total9 |
---|
| 84 | + | compensation are subject to available appropriations by the general10 |
---|
| 85 | + | assembly.11 |
---|
| 86 | + | (II) The state personnel director shall establish technically and12 |
---|
| 87 | + | professionally sound survey methodologies to assess total compensation13 |
---|
| 88 | + | practices, levels, and costs. Except as provided in subsection (1)(a)(III)14 |
---|
| 89 | + | of this section, for purposes of this subsection (1)(a), to determine and15 |
---|
| 90 | + | maintain salaries, state contributions for group benefit plans, and merit16 |
---|
| 91 | + | STEP pay that meet or exceed total compensation provided by public or17 |
---|
| 92 | + | private sector employment or a combination of both, the state personnel18 |
---|
| 93 | + | director shall quadrennially review the results of appropriate surveys by19 |
---|
| 94 | + | public or private organizations, including surveys by the state personnel20 |
---|
| 95 | + | director set forth in subsection (4)(b)(I) of this section. Any surveys21 |
---|
| 96 | + | provided on a confidential basis shall not be revealed except to the state22 |
---|
| 97 | + | auditor's office and the private firm conducting the audit required in23 |
---|
| 98 | + | subsection (4)(b) of this section. The state personnel director shall adopt24 |
---|
| 99 | + | appropriate procedures to determine and maintain other elements of total25 |
---|
| 100 | + | compensation, including the payment of incentive awards to employees26 |
---|
| 101 | + | in the state personnel system. The state personnel director's review and27 |
---|
| 102 | + | 1467 |
---|
| 103 | + | -3- determination of total compensation practices shall not be subject to1 |
---|
| 104 | + | appeal except as otherwise authorized by law or state personnel director2 |
---|
| 105 | + | procedures.3 |
---|
| 106 | + | (II.5) WHEN ESTABLISHING PAY PLANS IN ACCORDANCE WITH4 |
---|
| 107 | + | SUBSECTION (5) OF THIS SECTION AND RECOMMENDING COMPENSATION5 |
---|
| 108 | + | FOR STATE EMPLOYEES IN ACCORDANCE WITH SUBSECTION (4) OF THIS6 |
---|
| 109 | + | SECTION, THE STATE PERSONNEL DIRECTOR SHALL DEVELOP , AFTER7 |
---|
| 110 | + | NEGOTIATIONS WITH THE CERTIFIED EMPLOYEE ORGANIZATION PURSUANT8 |
---|
| 111 | + | TO SECTION 24-50-1112, AN EQUITABLE PAY STRUCTURE FOR EMPLOYEES9 |
---|
| 112 | + | IN THE STATE PERSONNEL SYSTEM THAT PROVIDES CONSISTENT AND10 |
---|
| 113 | + | PREDICTABLE SALARY INCREASES IN COMPLIANCE WITH ANY FEDERAL OR11 |
---|
| 114 | + | STATE LAWS AND KEEPS THE STATE EMPLOYEE WORKFORCE COMPETITIVE12 |
---|
| 115 | + | WITH MARKET COMPENSATION. THE REQUIREMENTS OF THIS SUBSECTION13 |
---|
| 116 | + | (1)(a)(II.5) DO NOT APPLY TO EMPLOYEES OF THE STATE AUDITOR, IN14 |
---|
| 117 | + | ACCORDANCE WITH SUBSECTION (1)(h) OF THIS SECTION.15 |
---|
| 118 | + | (c) (I) The state personnel director shall establish a merit STEP pay16 |
---|
| 119 | + | system in order to provide periodic salary increases for employees in the17 |
---|
| 120 | + | state personnel system; EXCEPT THAT THE STEP PAY SYSTEM DOES NOT18 |
---|
| 121 | + | APPLY TO EMPLOYEES OF THE STATE AUDITOR, IN ACCORDANCE WITH19 |
---|
| 122 | + | SUBSECTION (1)(h) OF THIS SECTION. The purpose of the merit STEP pay20 |
---|
| 123 | + | system is to provide salary increases for employees based on performance21 |
---|
| 124 | + | evaluations and salary placement within the appropriate salary range. The22 |
---|
| 125 | + | state personnel director shall develop the merit pay system so that a merit23 |
---|
| 126 | + | pay increase is based on the relationship of performance rating24 |
---|
| 127 | + | distribution and salary range distribution. The merit pay system must25 |
---|
| 128 | + | include the following characteristics:26 |
---|
| 129 | + | (A) Salary range is divided into quartiles, except as set forth in27 |
---|
| 130 | + | 1467 |
---|
| 131 | + | -4- subparagraph (I.1) of this paragraph (c);1 |
---|
| 132 | + | (B) The lowest quartile or distribution zone in relation to the2 |
---|
| 133 | + | midpoint has the highest rate of merit pay, and the rate for each3 |
---|
| 134 | + | successive quartile or distribution zone is less than the preceding quartile4 |
---|
| 135 | + | or distribution zone, except as provided in sub-subparagraph (E) of this5 |
---|
| 136 | + | subparagraph (I);6 |
---|
| 137 | + | (C) Performance evaluations are divided into three performance7 |
---|
| 138 | + | categories, except as set forth in subparagraph (I.1) of this paragraph (c);8 |
---|
| 139 | + | (D) The highest performance category has the highest rate of merit9 |
---|
| 140 | + | pay, and the rate for each lower performance category is less than the10 |
---|
| 141 | + | preceding category, except as provided in sub-subparagraph (E) of this11 |
---|
| 142 | + | subparagraph (I); and12 |
---|
| 143 | + | (E) Employees who receive an unsatisfactory performance13 |
---|
| 144 | + | evaluation are not eligible for merit pay.14 |
---|
| 145 | + | (I.1) On or after September 1, 2015, the state personnel director15 |
---|
| 146 | + | shall review the effectiveness of the use of quartiles for salary range and16 |
---|
| 147 | + | three performance categories in the merit pay system. Based on the17 |
---|
| 148 | + | review, the state personnel director may adjust the number of distribution18 |
---|
| 149 | + | zones or performance categories to be used in the system. Thereafter, the19 |
---|
| 150 | + | state personnel director shall conduct a biennial review of the distribution20 |
---|
| 151 | + | zones and performance categories and may adjust the number of21 |
---|
| 152 | + | distribution zones or performance categories based on the review. The22 |
---|
| 153 | + | minimum number of distribution zones the state personnel director may23 |
---|
| 154 | + | establish is three, and the maximum number is six.24 |
---|
| 155 | + | (I.2) If a state department or institution of higher education has a25 |
---|
| 156 | + | performance review system that has a different number of performance26 |
---|
| 157 | + | categories than the number used by the state personnel director in the27 |
---|
| 158 | + | 1467 |
---|
| 159 | + | -5- merit pay system, the state personnel director shall establish a method for1 |
---|
| 160 | + | converting the departmental or institutional categories into the categories2 |
---|
| 161 | + | used in the merit pay system.3 |
---|
| 162 | + | (I.3) Based on professionally sound survey methodologies, the4 |
---|
| 163 | + | state personnel director shall establish annually one or more priority5 |
---|
| 164 | + | groups of employees that have priority to receive merit pay based on6 |
---|
| 165 | + | available moneys. The priority groups must be based on length of service,7 |
---|
| 166 | + | relation to the salary range midpoint, performance, recruitment, retention8 |
---|
| 167 | + | needs, and other factors established by the director. The amount of merit9 |
---|
| 168 | + | pay that an employee in the state personnel system may receive depends10 |
---|
| 169 | + | first on the employee's priority group and then on the amount of merit11 |
---|
| 170 | + | pay, if any, associated with the employee's performance category and12 |
---|
| 171 | + | salary range.13 |
---|
| 172 | + | (I.5) (A) Except as set forth in sub-subparagraph (B) of this14 |
---|
| 173 | + | subparagraph (I.5), the merit pay system applies uniformly across state15 |
---|
| 174 | + | departments and institutions of higher education subject to the provisions16 |
---|
| 175 | + | of subparagraph (I.9) of this paragraph (c). For each state fiscal year the17 |
---|
| 176 | + | state personnel director shall determine the appropriate merit pay rates18 |
---|
| 177 | + | that apply to all state departments and institutions and the priority group19 |
---|
| 178 | + | or groups that receive merit pay.20 |
---|
| 179 | + | (B) Notwithstanding any provision of this section to the contrary,21 |
---|
| 180 | + | an institution of higher education may enact its own merit pay system, so22 |
---|
| 181 | + | long as the system is consistent with the provisions of this subsection (1).23 |
---|
| 182 | + | (I.7) An employee who is at or above the maximum amount for24 |
---|
| 183 | + | his or her salary range is not eligible for a merit pay salary increase, but25 |
---|
| 184 | + | is eligible for a merit pay payment that is nonbase building.26 |
---|
| 185 | + | (I.9) Merit pay is subject to available appropriations. Except as set27 |
---|
| 186 | + | 1467 |
---|
| 187 | + | -6- forth in subparagraph (II) of paragraph (j) of this subsection (1), the1 |
---|
| 188 | + | general assembly shall appropriate any moneys for merit pay in the annual2 |
---|
| 189 | + | general appropriation act in suitable personal services line items or other3 |
---|
| 190 | + | line items that include salary appropriations.4 |
---|
| 191 | + | (II) In addition to any other requirements set forth in this5 |
---|
| 192 | + | paragraph (c), SUBSECTION (1)(c)(II), the department of personnel shall6 |
---|
| 193 | + | develop the merit STEP pay system so that it:7 |
---|
| 194 | + | (C) Is developed with input from employees in the state personnel8 |
---|
155 | | - | AND |
---|
156 | | - | (D) Emphasizes planning, management, and evaluation of employee |
---|
157 | | - | performance; and |
---|
158 | | - | (F) Prohibits a forced distribution of performance ratings. |
---|
159 | | - | (H) MINIMIZES EMPLOYEE PAY DISRUPTIONS RESULTING FROM |
---|
160 | | - | IMPLEMENTATION OR MODIFICATION OF STEP PAY |
---|
161 | | - | . |
---|
162 | | - | (IV) Each state department and institution of higher education shallensure that it has a performance review system that can be used to |
---|
163 | | - | implement a merit pay system. The state personnel director shall encourage |
---|
164 | | - | state departments and institutions of higher education to implement |
---|
165 | | - | performance evaluations of employees that are as objective as possible and |
---|
166 | | - | that, as soon as possible and wherever feasible, include an assessment from |
---|
167 | | - | multiple sources of each employee's performance. Such sources shall |
---|
168 | | - | PAGE 5-HOUSE BILL 24-1467 include, where applicable, the employee's self-assessment; the employee's |
---|
169 | | - | superiors, subordinates, and peers; and any other applicable sources of an |
---|
170 | | - | employee's performance. The state personnel director shall adopt |
---|
171 | | - | procedures to establish a process to resolve employee disputes related to |
---|
172 | | - | performance evaluations that do not result in corrective or disciplinary |
---|
173 | | - | action against the employee. Each program established by a state |
---|
174 | | - | department or institution of higher education pursuant to this subparagraph |
---|
175 | | - | (IV) shall be SUBSECTION (1)(c)(IV) IS subject to the director's approval. |
---|
176 | | - | (c.5) (I) The state personnel director shall provide for the evaluation |
---|
177 | | - | of employee performance. Each employee shall be evaluated at least once |
---|
178 | | - | a year. The evaluation of performance shall be used as a factor in |
---|
179 | | - | compensation, promotions, demotions, removals, reduction of force, and all |
---|
180 | | - | other transactions as determined by the state personnel director in which |
---|
181 | | - | considerations of quality of service are properly a factor. |
---|
182 | | - | (II) A supervisor, including a supervisory state employee not within |
---|
183 | | - | the state personnel system, who does not evaluate subordinate employees |
---|
184 | | - | in the state personnel system as required by this paragraph (c.5) on at least |
---|
185 | | - | an annual basis shall be suspended from work without pay for a period of |
---|
186 | | - | not less than one workday. The provisions of this subparagraph (II) shall |
---|
187 | | - | only apply to supervisors who are state employees. |
---|
188 | | - | (c.7) In addition to the periodic salary increases authorized by |
---|
189 | | - | paragraph (c) of this subsection (1), the performance review component of |
---|
190 | | - | the merit pay system established pursuant to subparagraph (IV) of |
---|
191 | | - | paragraph (c) of this subsection (1) shall be used for the purpose of |
---|
192 | | - | determining eligibility for a performance-based award permitted pursuant |
---|
193 | | - | to section 24-38-103 (1.5). The award shall be in addition to any other |
---|
194 | | - | compensation authorized by law, and it shall not affect the compensation |
---|
195 | | - | that the employee is entitled to receive in subsequent years. |
---|
196 | | - | (j) (II) (A) The state employee reserve fund is hereby created in the |
---|
197 | | - | state treasury, which consists of money transferred pursuant to subsection |
---|
198 | | - | (1)(j)(IV) of this section. Money in the fund is continuously appropriated |
---|
199 | | - | for the purpose of providing merit pay to employees as |
---|
200 | | - | provided in this |
---|
201 | | - | subsection (1). No money from the fund shall be expended without the |
---|
202 | | - | approval of the director of the office of state planning and budgeting. |
---|
203 | | - | (4) Quadrennial compensation process. (a) The purpose of the |
---|
204 | | - | PAGE 6-HOUSE BILL 24-1467 quadrennial compensation process is to determine any necessary |
---|
205 | | - | adjustments to state employee salaries, state contributions for group benefit |
---|
206 | | - | plans, and merit |
---|
207 | | - | STEP pay. The quadrennial compensation survey, based on |
---|
208 | | - | an analysis of surveys by public or private organizations, including surveys |
---|
209 | | - | by the state personnel director, shall include a fair sample of public and |
---|
210 | | - | private sector employers and jobs, including areas outside the Denver |
---|
211 | | - | metropolitan area. In order to establish confidence in the selection of |
---|
212 | | - | surveys, the state personnel director shall meet and confer in good faith with |
---|
213 | | - | management and state employee representatives. |
---|
214 | | - | (b) (I) On October 1, 2025, and on October 1 of each fourth year |
---|
215 | | - | thereafter, the state personnel director shall prepare a quadrennial |
---|
216 | | - | compensation report based on the analysis of surveys conducted pursuant |
---|
217 | | - | to subsection (4)(a) of this section. The purpose of the quadrennial |
---|
218 | | - | compensation report shall be to reflect all adjustments necessary to maintain |
---|
219 | | - | the salary structure, state contributions for group benefit plans, and merit |
---|
220 | | - | STEP pay FOR THE UPCOMING FISCAL YEAR. The state personnel director shall |
---|
221 | | - | also include a detailed analysis of salary ranges for all employees in the |
---|
222 | | - | state personnel system and how employees' salaries are distributed within |
---|
223 | | - | these ranges. The state personnel director shall also publish the report. |
---|
224 | | - | Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the |
---|
225 | | - | requirement to submit the report required in this subsection (4)(b)(I) |
---|
226 | | - | continues indefinitely. The state auditor is responsible for contracting with |
---|
227 | | - | a private firm to conduct a performance audit of the procedures and |
---|
228 | | - | application of data, including any survey conducted by the state personnel |
---|
229 | | - | director. Beginning January 1, 2005, through January 1, 2021, and |
---|
230 | | - | beginning on January 1, 2026, the audits shall be conducted every four |
---|
231 | | - | years. A report shall be submitted to the governor and the general assembly |
---|
232 | | - | by the December 30 immediately following the completion of the audit. |
---|
233 | | - | (c) By September 15, 2017, and by September 15 of each year |
---|
234 | | - | thereafter through September 15, 2021, and on or before October 1, 2022, |
---|
235 | | - | and on or before October 1 of each year thereafter, the state personnel |
---|
236 | | - | director shall submit recommendations and estimated costs for state |
---|
237 | | - | employee compensation for the next fiscal year, covering salaries, state |
---|
238 | | - | contributions for group benefit plans, and merit |
---|
239 | | - | STEP pay, to the governor |
---|
240 | | - | and the joint budget committee of the general assembly. The |
---|
241 | | - | recommendations shall reflect a consideration of the results of the |
---|
242 | | - | quadrennial compensation survey, fiscal constraints, the ability to recruit |
---|
243 | | - | and retain state employees, appropriate adjustments with respect to state |
---|
244 | | - | PAGE 7-HOUSE BILL 24-1467 employee compensation, and those costs resulting from implementation of |
---|
245 | | - | section 24-50-110 (1)(a). The recommendations for state contributions for |
---|
246 | | - | group benefit plans shall specify the annual group benefit plan year |
---|
247 | | - | established pursuant to section 24-50-604 (1)(m). The recommendations |
---|
248 | | - | submitted to the governor and the joint budget committee COMPENSATION |
---|
249 | | - | REPORT |
---|
250 | | - | shall include the results of the surveys of public or private |
---|
251 | | - | employers and jobs. The state personnel director shall also publish such |
---|
252 | | - | recommendations |
---|
253 | | - | REPORT. This subsection (4)(c) is exempt from the |
---|
254 | | - | provisions of section 24-1-136 (11), and the periodic reporting requirements |
---|
255 | | - | of this section are effective until changed by the general assembly acting by |
---|
256 | | - | bill. |
---|
257 | | - | (5) Pay plans. (d) In the medical pay plans, there are no |
---|
258 | | - | anniversary-based merit |
---|
259 | | - | STEP increases. The salaries in such pay plans are |
---|
260 | | - | based on the negotiation of an annual contract between the employee and |
---|
261 | | - | the department head or the state auditor, when appropriate, and the amount |
---|
262 | | - | of such salaries may increase, decrease, or remain unchanged from year to |
---|
263 | | - | year. Any employee dismissed for failure to perform under such contract |
---|
264 | | - | may only appeal directly to the state personnel board. |
---|
265 | | - | (e) In the pay plans for the senior executive service and those |
---|
266 | | - | positions specified in section 13 (2)(a)(XI) of article XII of the state |
---|
267 | | - | constitution, there are no anniversary-based merit |
---|
268 | | - | STEP increases. The |
---|
269 | | - | salaries in such pay plans are based on policies set forth by the state |
---|
270 | | - | personnel director. The amount of such salaries may increase, decrease, or |
---|
271 | | - | remain unchanged from year to year. |
---|
272 | | - | SECTION 3. In Colorado Revised Statutes, amend 8-47-205 as |
---|
273 | | - | follows: |
---|
274 | | - | 8-47-205. Salaries of employees of division. All deputies, |
---|
275 | | - | statisticians, accountants, clerks, experts, and other employees of the |
---|
276 | | - | division shall receive such compensation as may be fixed by law. The |
---|
277 | | - | salaries so fixed shall be paid monthly |
---|
278 | | - | from the fund appropriated for the |
---|
279 | | - | use of the division after approval by the director. |
---|
280 | | - | SECTION 4. In Colorado Revised Statutes, 8-1-103, amend (2) as |
---|
281 | | - | follows: |
---|
282 | | - | 8-1-103. Division of labor standards and statistics - director - |
---|
283 | | - | PAGE 8-HOUSE BILL 24-1467 employees - qualifications - compensation - expenses. (2) All employees, |
---|
284 | | - | except experts, shall have been for one year prior to such employment or |
---|
285 | | - | appointment bona fide residents of this state and, while in the employ of the |
---|
286 | | - | division, shall receive such compensation as is fixed by the state personnel |
---|
287 | | - | system laws of this state, such compensation to be paid monthly |
---|
288 | | - | from funds |
---|
289 | | - | appropriated for the use of the division. All expenses incurred by the |
---|
290 | | - | division and its employees pursuant to the provisions of law shall be paid |
---|
291 | | - | from funds appropriated for its use upon the approval of the director. The |
---|
292 | | - | traveling expenses of the director or of any employee of the division |
---|
293 | | - | incurred while on business of the division outside this state shall be paid in |
---|
294 | | - | the manner prescribed in this subsection (2), but only when such expenses |
---|
295 | | - | are authorized in advance. |
---|
296 | | - | SECTION 5. In Colorado Revised Statutes, 24-38-103, repeal (1.5) |
---|
297 | | - | as follows: |
---|
298 | | - | 24-38-103. Agency authority and incentives for budget savings. |
---|
299 | | - | (1.5) Beginning with the 2004-05 fiscal year, an agency that achieves cost |
---|
300 | | - | savings, as an alternative to the transfer authorized pursuant to subsection |
---|
301 | | - | (1) of this section, may transfer fifty percent of the amount of the cost |
---|
302 | | - | savings from one item of appropriation made to the agency in the general |
---|
303 | | - | appropriation act or any supplemental appropriation act to the item for |
---|
304 | | - | personal services in the appropriation made to the same agency for the |
---|
305 | | - | purpose of paying performance-based awards to employees of the agency. |
---|
306 | | - | The award shall be awarded in the fiscal year in which the cost savings are |
---|
307 | | - | achieved. and shall be made consistent with the performance review done |
---|
308 | | - | in accordance with the merit pay system identified in section 24-50-104 |
---|
309 | | - | (1)(c.7). Prior to the end of the state fiscal year in which a transfer is made |
---|
310 | | - | pursuant to this subsection (1.5), an agency shall submit written notice to |
---|
311 | | - | the joint budget committee, the office of state planning and budgeting, and |
---|
312 | | - | the state controller of the amount of the cost savings achieved by the agency |
---|
313 | | - | during the state fiscal year. |
---|
314 | | - | SECTION 6. In Colorado Revised Statutes, 24-50-109.5, amend |
---|
315 | | - | (2) as follows: |
---|
316 | | - | 24-50-109.5. Fiscal emergencies - emergency orders. (2) With the |
---|
317 | | - | advice and assistance of the state personnel director, the governor shall take |
---|
318 | | - | such actions as necessary to be utilized by each principal department and |
---|
319 | | - | each institution of higher education, including the Auraria higher education |
---|
320 | | - | PAGE 9-HOUSE BILL 24-1467 center established in article 70 of title 23, C.R.S., to reduce state personnel |
---|
321 | | - | expenditures in the event of a fiscal emergency. Such actions shall include, |
---|
322 | | - | but need not be limited to, separations, voluntary furloughs, mandatory |
---|
323 | | - | furloughs, suspension of increases in salary and state contributions for |
---|
324 | | - | group benefit plans, suspension of merit |
---|
325 | | - | STEP pay, job-sharing, hiring |
---|
326 | | - | freezes, forced reallocation of vacant positions, or a combination thereof. |
---|
327 | | - | Any suspension of salary increases or increases in state contributions for |
---|
328 | | - | group benefit plans shall apply statewide to all employees in the state |
---|
329 | | - | personnel system. If mandatory furloughs are utilized in any principal |
---|
330 | | - | department or institution of higher education, including the Auraria higher |
---|
331 | | - | education center established in article 70 of title 23, C.R.S., |
---|
332 | | - | such furloughs |
---|
333 | | - | shall be implemented by each appointing authority so that all employees |
---|
334 | | - | under such authority, regardless of status, position, or level of employment, |
---|
335 | | - | are furloughed for the same length of time, consistent with section 24-2-103 |
---|
336 | | - | (2). Employees of the following agencies and employees with duties as |
---|
337 | | - | described shall not be subject to mandatory furlough: The Colorado state |
---|
338 | | - | patrol, correctional officers, police officers, employees of the department |
---|
339 | | - | of human services providing hands-on care, and employees providing |
---|
340 | | - | hands-on nursing care. |
---|
341 | | - | SECTION 7. In Colorado Revised Statutes, 24-50-110, amend (1) |
---|
342 | | - | introductory portion and (1)(b) as follows: |
---|
343 | | - | 24-50-110. Budget control - personal services. (1) In order to |
---|
344 | | - | provide controls and proper identification of personal services costs |
---|
345 | | - | necessary to carry out the policy of the state regarding compensation of state |
---|
346 | | - | employees, the following administrative and fiscal procedures shall |
---|
347 | | - | apply: |
---|
348 | | - | (b) In their annual budget requests, the heads of all principal |
---|
349 | | - | departments of state government shall set forth separately the projected |
---|
350 | | - | costs of personal services arising from anticipated classification reviews, |
---|
351 | | - | promotions, and other increases in compensation or bonuses for employees |
---|
352 | | - | in their departments. The costs of personal services shall include any merit |
---|
353 | | - | STEP pay. |
---|
354 | | - | SECTION 8. In Colorado Revised Statutes, 24-75-112, amend (1) |
---|
355 | | - | introductory portion and (1)(b) as follows: |
---|
356 | | - | 24-75-112. Annual general appropriation act - headnote |
---|
357 | | - | definitions - general provisions - footnotes. (1) As used in the annual |
---|
358 | | - | PAGE 10-HOUSE BILL 24-1467 general appropriation act, the following definitions and general provisions |
---|
359 | | - | shall apply for the headnote terms preceding and specifying the purpose of |
---|
360 | | - | certain line items of appropriation: |
---|
361 | | - | (b) "Centralized appropriation" means the appropriation of funds to |
---|
362 | | - | an executive director of a department or a central administrative program |
---|
363 | | - | intended for subsequent allocation and expenditure at and among a |
---|
364 | | - | department's divisions, programs, agencies, or long bill groups in order to |
---|
365 | | - | reflect the amount of such resources actually used in each program or |
---|
366 | | - | division. Such centralized appropriations may include salary survey, merit |
---|
367 | | - | STEP pay or anniversary increases, senior executive service, shift |
---|
368 | | - | differential, group health and life insurance, capital outlay, ADP capital |
---|
369 | | - | outlay, information technology asset maintenance, legal services, purchase |
---|
370 | | - | of services from computer center, multiuse network payments, vehicle lease |
---|
371 | | - | payments, leased space, financed purchase of an asset, certificate of |
---|
372 | | - | participation, payment to risk management and property funds, short-term |
---|
373 | | - | disability insurance, utilities, communications services payments, |
---|
374 | | - | amortization equalization disbursements, supplemental amortization |
---|
375 | | - | equalization disbursements, administrative law judge services, and |
---|
376 | | - | centralized ADP. As provided in subsection (1)(l) of this section, capital |
---|
377 | | - | outlay is included within the appropriation for "operating expenses". |
---|
378 | | - | SECTION 9. Safety clause. The general assembly finds, |
---|
379 | | - | determines, and declares that this act is necessary for the immediate |
---|
380 | | - | PAGE 11-HOUSE BILL 24-1467 preservation of the public peace, health, or safety or for appropriations for |
---|
381 | | - | the support and maintenance of the departments of the state and state |
---|
382 | | - | institutions. |
---|
383 | | - | ____________________________ ____________________________ |
---|
384 | | - | Julie McCluskie Steve Fenberg |
---|
385 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
386 | | - | OF REPRESENTATIVES THE SENATE |
---|
387 | | - | ____________________________ ____________________________ |
---|
388 | | - | Robin Jones Cindi L. Markwell |
---|
389 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
390 | | - | OF REPRESENTATIVES THE SENATE |
---|
391 | | - | APPROVED________________________________________ |
---|
392 | | - | (Date and Time) |
---|
393 | | - | _________________________________________ |
---|
394 | | - | Jared S. Polis |
---|
395 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
396 | | - | PAGE 12-HOUSE BILL 24-1467 |
---|
| 196 | + | AND9 |
---|
| 197 | + | (D) Emphasizes planning, management, and evaluation of |
---|
| 198 | + | 10 |
---|
| 199 | + | employee performance; and11 |
---|
| 200 | + | (F) Prohibits a forced distribution of performance ratings.12 |
---|
| 201 | + | (H) M |
---|
| 202 | + | INIMIZES EMPLOYEE PAY DISRUPTIONS RESULTING FROM13 |
---|
| 203 | + | IMPLEMENTATION OR MODIFICATION OF STEP PAY .14 |
---|
| 204 | + | (IV) Each state department and institution of higher education |
---|
| 205 | + | 15 |
---|
| 206 | + | shall ensure that it has a performance review system that can be used to16 |
---|
| 207 | + | implement a merit pay system. The state personnel director shall17 |
---|
| 208 | + | encourage state departments and institutions of higher education to18 |
---|
| 209 | + | implement performance evaluations of employees that are as objective as19 |
---|
| 210 | + | possible and that, as soon as possible and wherever feasible, include an20 |
---|
| 211 | + | assessment from multiple sources of each employee's performance. Such21 |
---|
| 212 | + | sources shall include, where applicable, the employee's self-assessment;22 |
---|
| 213 | + | the employee's superiors, subordinates, and peers; and any other23 |
---|
| 214 | + | applicable sources of an employee's performance. The state personnel24 |
---|
| 215 | + | director shall adopt procedures to establish a process to resolve employee25 |
---|
| 216 | + | disputes related to performance evaluations that do not result in corrective26 |
---|
| 217 | + | or disciplinary action against the employee. Each program established by27 |
---|
| 218 | + | 1467 |
---|
| 219 | + | -7- a state department or institution of higher education pursuant to this1 |
---|
| 220 | + | subparagraph (IV) shall be SUBSECTION (1)(c)(IV) IS subject to the2 |
---|
| 221 | + | director's approval.3 |
---|
| 222 | + | (c.5) (I) The state personnel director shall provide for the4 |
---|
| 223 | + | evaluation of employee performance. Each employee shall be evaluated5 |
---|
| 224 | + | at least once a year. The evaluation of performance shall be used as a6 |
---|
| 225 | + | factor in compensation, promotions, demotions, removals, reduction of7 |
---|
| 226 | + | force, and all other transactions as determined by the state personnel8 |
---|
| 227 | + | director in which considerations of quality of service are properly a9 |
---|
| 228 | + | factor.10 |
---|
| 229 | + | (II) A supervisor, including a supervisory state employee not11 |
---|
| 230 | + | within the state personnel system, who does not evaluate subordinate12 |
---|
| 231 | + | employees in the state personnel system as required by this paragraph13 |
---|
| 232 | + | (c.5) on at least an annual basis shall be suspended from work without14 |
---|
| 233 | + | pay for a period of not less than one workday. The provisions of this15 |
---|
| 234 | + | subparagraph (II) shall only apply to supervisors who are state employees.16 |
---|
| 235 | + | (c.7) In addition to the periodic salary increases authorized by17 |
---|
| 236 | + | paragraph (c) of this subsection (1), the performance review component18 |
---|
| 237 | + | of the merit pay system established pursuant to subparagraph (IV) of19 |
---|
| 238 | + | paragraph (c) of this subsection (1) shall be used for the purpose of20 |
---|
| 239 | + | determining eligibility for a performance-based award permitted pursuant21 |
---|
| 240 | + | to section 24-38-103 (1.5). The award shall be in addition to any other22 |
---|
| 241 | + | compensation authorized by law, and it shall not affect the compensation23 |
---|
| 242 | + | that the employee is entitled to receive in subsequent years.24 |
---|
| 243 | + | (j) (II) (A) The state employee reserve fund is hereby created in25 |
---|
| 244 | + | the state treasury, which consists of money transferred pursuant to26 |
---|
| 245 | + | subsection (1)(j)(IV) of this section. Money in the fund is continuously27 |
---|
| 246 | + | 1467 |
---|
| 247 | + | -8- appropriated for the purpose of providing merit pay to employees as1 |
---|
| 248 | + | provided in this subsection (1). No money from the fund shall be2 |
---|
| 249 | + | expended without the approval of the director of the office of state3 |
---|
| 250 | + | planning and budgeting.4 |
---|
| 251 | + | (4) Quadrennial compensation process. (a) The purpose of the5 |
---|
| 252 | + | quadrennial compensation process is to determine any necessary6 |
---|
| 253 | + | adjustments to state employee salaries, state contributions for group7 |
---|
| 254 | + | benefit plans, and merit STEP pay. The quadrennial compensation survey,8 |
---|
| 255 | + | based on an analysis of surveys by public or private organizations,9 |
---|
| 256 | + | including surveys by the state personnel director, shall include a fair10 |
---|
| 257 | + | sample of public and private sector employers and jobs, including areas11 |
---|
| 258 | + | outside the Denver metropolitan area. In order to establish confidence in12 |
---|
| 259 | + | the selection of surveys, the state personnel director shall meet and confer13 |
---|
| 260 | + | in good faith with management and state employee representatives.14 |
---|
| 261 | + | (b) (I) On October 1, 2025, and on October 1 of each fourth year15 |
---|
| 262 | + | thereafter, the state personnel director shall prepare a quadrennial16 |
---|
| 263 | + | compensation report based on the analysis of surveys conducted pursuant17 |
---|
| 264 | + | to subsection (4)(a) of this section. The purpose of the quadrennial18 |
---|
| 265 | + | compensation report shall be to reflect all adjustments necessary to19 |
---|
| 266 | + | maintain the salary structure, state contributions for group benefit plans,20 |
---|
| 267 | + | and merit STEP pay FOR THE UPCOMING FISCAL YEAR. The state personnel21 |
---|
| 268 | + | director shall also include a detailed analysis of salary ranges for all22 |
---|
| 269 | + | employees in the state personnel system and how employees' salaries are23 |
---|
| 270 | + | distributed within these ranges. The state personnel director shall also24 |
---|
| 271 | + | publish the report. Notwithstanding the requirement in section 24-1-13625 |
---|
| 272 | + | (11)(a)(I), the requirement to submit the report required in this subsection26 |
---|
| 273 | + | (4)(b)(I) continues indefinitely. The state auditor is responsible for27 |
---|
| 274 | + | 1467 |
---|
| 275 | + | -9- contracting with a private firm to conduct a performance audit of the1 |
---|
| 276 | + | procedures and application of data, including any survey conducted by the2 |
---|
| 277 | + | state personnel director. Beginning January 1, 2005, through January 1,3 |
---|
| 278 | + | 2021, and beginning on January 1, 2026, the audits shall be conducted4 |
---|
| 279 | + | every four years. A report shall be submitted to the governor and the5 |
---|
| 280 | + | general assembly by the December 30 immediately following the6 |
---|
| 281 | + | completion of the audit.7 |
---|
| 282 | + | (c) By September 15, 2017, and by September 15 of each year8 |
---|
| 283 | + | thereafter through September 15, 2021, and on or before October 1, 2022,9 |
---|
| 284 | + | and on or before October 1 of each year thereafter, the state personnel10 |
---|
| 285 | + | director shall submit recommendations and estimated costs for state11 |
---|
| 286 | + | employee compensation for the next fiscal year, covering salaries, state12 |
---|
| 287 | + | contributions for group benefit plans, and merit STEP pay, to the governor13 |
---|
| 288 | + | and the joint budget committee of the general assembly. The14 |
---|
| 289 | + | recommendations shall reflect a consideration of the results of the15 |
---|
| 290 | + | quadrennial compensation survey, fiscal constraints, the ability to recruit16 |
---|
| 291 | + | and retain state employees, appropriate adjustments with respect to state17 |
---|
| 292 | + | employee compensation, and those costs resulting from implementation18 |
---|
| 293 | + | of section 24-50-110 (1)(a). The recommendations for state contributions19 |
---|
| 294 | + | for group benefit plans shall specify the annual group benefit plan year20 |
---|
| 295 | + | established pursuant to section 24-50-604 (1)(m). The recommendations21 |
---|
| 296 | + | submitted to the governor and the joint budget committee COMPENSATION22 |
---|
| 297 | + | REPORT shall include the results of the surveys of public or private23 |
---|
| 298 | + | employers and jobs. The state personnel director shall also publish such24 |
---|
| 299 | + | recommendations REPORT. This subsection (4)(c) is exempt from the25 |
---|
| 300 | + | provisions of section 24-1-136 (11), and the periodic reporting26 |
---|
| 301 | + | requirements of this section are effective until changed by the general27 |
---|
| 302 | + | 1467 |
---|
| 303 | + | -10- assembly acting by bill.1 |
---|
| 304 | + | (5) Pay plans. (d) In the medical pay plans, there are no2 |
---|
| 305 | + | anniversary-based merit STEP increases. The salaries in such pay plans are3 |
---|
| 306 | + | based on the negotiation of an annual contract between the employee and4 |
---|
| 307 | + | the department head or the state auditor, when appropriate, and the5 |
---|
| 308 | + | amount of such salaries may increase, decrease, or remain unchanged6 |
---|
| 309 | + | from year to year. Any employee dismissed for failure to perform under7 |
---|
| 310 | + | such contract may only appeal directly to the state personnel board. 8 |
---|
| 311 | + | (e) In the pay plans for the senior executive service and those9 |
---|
| 312 | + | positions specified in section 13 (2)(a)(XI) of article XII of the state10 |
---|
| 313 | + | constitution, there are no anniversary-based merit STEP increases. The11 |
---|
| 314 | + | salaries in such pay plans are based on policies set forth by the state12 |
---|
| 315 | + | personnel director. The amount of such salaries may increase, decrease,13 |
---|
| 316 | + | or remain unchanged from year to year.14 |
---|
| 317 | + | SECTION 3. In Colorado Revised Statutes, amend 8-47-205 as15 |
---|
| 318 | + | follows:16 |
---|
| 319 | + | 8-47-205. Salaries of employees of division. All deputies,17 |
---|
| 320 | + | statisticians, accountants, clerks, experts, and other employees of the18 |
---|
| 321 | + | division shall receive such compensation as may be fixed by law. The19 |
---|
| 322 | + | salaries so fixed shall be paid monthly from the fund appropriated for the20 |
---|
| 323 | + | use of the division after approval by the director.21 |
---|
| 324 | + | SECTION 4. In Colorado Revised Statutes, 8-1-103, amend (2)22 |
---|
| 325 | + | as follows:23 |
---|
| 326 | + | 8-1-103. Division of labor standards and statistics - director -24 |
---|
| 327 | + | employees - qualifications - compensation - expenses. (2) All25 |
---|
| 328 | + | employees, except experts, shall have been for one year prior to such26 |
---|
| 329 | + | employment or appointment bona fide residents of this state and, while27 |
---|
| 330 | + | 1467 |
---|
| 331 | + | -11- in the employ of the division, shall receive such compensation as is fixed1 |
---|
| 332 | + | by the state personnel system laws of this state, such compensation to be2 |
---|
| 333 | + | paid monthly from funds appropriated for the use of the division. All3 |
---|
| 334 | + | expenses incurred by the division and its employees pursuant to the4 |
---|
| 335 | + | provisions of law shall be paid from funds appropriated for its use upon5 |
---|
| 336 | + | the approval of the director. The traveling expenses of the director or of6 |
---|
| 337 | + | any employee of the division incurred while on business of the division7 |
---|
| 338 | + | outside this state shall be paid in the manner prescribed in this subsection8 |
---|
| 339 | + | (2), but only when such expenses are authorized in advance.9 |
---|
| 340 | + | SECTION 5. In Colorado Revised Statutes, 24-38-103, repeal10 |
---|
| 341 | + | (1.5) as follows:11 |
---|
| 342 | + | 24-38-103. Agency authority and incentives for budget12 |
---|
| 343 | + | savings. (1.5) Beginning with the 2004-05 fiscal year, an agency that13 |
---|
| 344 | + | achieves cost savings, as an alternative to the transfer authorized pursuant14 |
---|
| 345 | + | to subsection (1) of this section, may transfer fifty percent of the amount15 |
---|
| 346 | + | of the cost savings from one item of appropriation made to the agency in16 |
---|
| 347 | + | the general appropriation act or any supplemental appropriation act to the17 |
---|
| 348 | + | item for personal services in the appropriation made to the same agency18 |
---|
| 349 | + | for the purpose of paying performance-based awards to employees of the19 |
---|
| 350 | + | agency. The award shall be awarded in the fiscal year in which the cost20 |
---|
| 351 | + | savings are achieved. and shall be made consistent with the performance21 |
---|
| 352 | + | review done in accordance with the merit pay system identified in section22 |
---|
| 353 | + | 24-50-104 (1)(c.7). Prior to the end of the state fiscal year in which a23 |
---|
| 354 | + | transfer is made pursuant to this subsection (1.5), an agency shall submit24 |
---|
| 355 | + | written notice to the joint budget committee, the office of state planning25 |
---|
| 356 | + | and budgeting, and the state controller of the amount of the cost savings26 |
---|
| 357 | + | achieved by the agency during the state fiscal year.27 |
---|
| 358 | + | 1467 |
---|
| 359 | + | -12- SECTION 6. In Colorado Revised Statutes, 24-50-109.5, amend1 |
---|
| 360 | + | (2) as follows:2 |
---|
| 361 | + | 24-50-109.5. Fiscal emergencies - emergency orders. (2) With3 |
---|
| 362 | + | the advice and assistance of the state personnel director, the governor4 |
---|
| 363 | + | shall take such actions as necessary to be utilized by each principal5 |
---|
| 364 | + | department and each institution of higher education, including the Auraria6 |
---|
| 365 | + | higher education center established in article 70 of title 23, C.R.S., to7 |
---|
| 366 | + | reduce state personnel expenditures in the event of a fiscal emergency.8 |
---|
| 367 | + | Such actions shall include, but need not be limited to, separations,9 |
---|
| 368 | + | voluntary furloughs, mandatory furloughs, suspension of increases in10 |
---|
| 369 | + | salary and state contributions for group benefit plans, suspension of merit11 |
---|
| 370 | + | STEP pay, job-sharing, hiring freezes, forced reallocation of vacant12 |
---|
| 371 | + | positions, or a combination thereof. Any suspension of salary increases13 |
---|
| 372 | + | or increases in state contributions for group benefit plans shall apply14 |
---|
| 373 | + | statewide to all employees in the state personnel system. If mandatory15 |
---|
| 374 | + | furloughs are utilized in any principal department or institution of higher16 |
---|
| 375 | + | education, including the Auraria higher education center established in17 |
---|
| 376 | + | article 70 of title 23, C.R.S., such furloughs shall be implemented by each18 |
---|
| 377 | + | appointing authority so that all employees under such authority,19 |
---|
| 378 | + | regardless of status, position, or level of employment, are furloughed for20 |
---|
| 379 | + | the same length of time, consistent with section 24-2-103 (2). Employees21 |
---|
| 380 | + | of the following agencies and employees with duties as described shall22 |
---|
| 381 | + | not be subject to mandatory furlough: The Colorado state patrol,23 |
---|
| 382 | + | correctional officers, police officers, employees of the department of24 |
---|
| 383 | + | human services providing hands-on care, and employees providing25 |
---|
| 384 | + | hands-on nursing care.26 |
---|
| 385 | + | SECTION 7. In Colorado Revised Statutes, 24-50-110, amend27 |
---|
| 386 | + | 1467 |
---|
| 387 | + | -13- (1) introductory portion and (1)(b) as follows:1 |
---|
| 388 | + | 24-50-110. Budget control - personal services. (1) In order to2 |
---|
| 389 | + | provide controls and proper identification of personal services costs3 |
---|
| 390 | + | necessary to carry out the policy of the state regarding compensation of4 |
---|
| 391 | + | state employees, the following administrative and fiscal procedures shall5 |
---|
| 392 | + | apply:6 |
---|
| 393 | + | (b) In their annual budget requests, the heads of all principal7 |
---|
| 394 | + | departments of state government shall set forth separately the projected8 |
---|
| 395 | + | costs of personal services arising from anticipated classification reviews,9 |
---|
| 396 | + | promotions, and other increases in compensation or bonuses for10 |
---|
| 397 | + | employees in their departments. The costs of personal services shall11 |
---|
| 398 | + | include any merit STEP pay.12 |
---|
| 399 | + | SECTION 8. In Colorado Revised Statutes, 24-75-112, amend13 |
---|
| 400 | + | (1) introductory portion and (1)(b) as follows:14 |
---|
| 401 | + | 24-75-112. Annual general appropriation act - headnote15 |
---|
| 402 | + | definitions - general provisions - footnotes. (1) As used in the annual16 |
---|
| 403 | + | general appropriation act, the following definitions and general provisions17 |
---|
| 404 | + | shall apply for the headnote terms preceding and specifying the purpose18 |
---|
| 405 | + | of certain line items of appropriation:19 |
---|
| 406 | + | (b) "Centralized appropriation" means the appropriation of funds20 |
---|
| 407 | + | to an executive director of a department or a central administrative21 |
---|
| 408 | + | program intended for subsequent allocation and expenditure at and among22 |
---|
| 409 | + | a department's divisions, programs, agencies, or long bill groups in order23 |
---|
| 410 | + | to reflect the amount of such resources actually used in each program or24 |
---|
| 411 | + | division. Such centralized appropriations may include salary survey, merit25 |
---|
| 412 | + | STEP pay or anniversary increases, senior executive service, shift26 |
---|
| 413 | + | differential, group health and life insurance, capital outlay, ADP capital27 |
---|
| 414 | + | 1467 |
---|
| 415 | + | -14- outlay, information technology asset maintenance, legal services,1 |
---|
| 416 | + | purchase of services from computer center, multiuse network payments,2 |
---|
| 417 | + | vehicle lease payments, leased space, financed purchase of an asset,3 |
---|
| 418 | + | certificate of participation, payment to risk management and property4 |
---|
| 419 | + | funds, short-term disability insurance, utilities, communications services5 |
---|
| 420 | + | payments, amortization equalization disbursements, supplemental6 |
---|
| 421 | + | amortization equalization disbursements, administrative law judge7 |
---|
| 422 | + | services, and centralized ADP. As provided in subsection (1)(l) of this8 |
---|
| 423 | + | section, capital outlay is included within the appropriation for "operating9 |
---|
| 424 | + | expenses".10 |
---|
| 425 | + | SECTION 9. Safety clause. The general assembly finds,11 |
---|
| 426 | + | determines, and declares that this act is necessary for the immediate12 |
---|
| 427 | + | preservation of the public peace, health, or safety or for appropriations for13 |
---|
| 428 | + | the support and maintenance of the departments of the state and state14 |
---|
| 429 | + | institutions. 15 |
---|
| 430 | + | 1467 |
---|
| 431 | + | -15- |
---|