Colorado 2025 Regular Session

Colorado Senate Bill SB147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0410.03 Jason Gelender x4330
8	8		SENATE BILL 25-147
9	9		Senate Committees House Committees
10	10		Finance
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING MODIFICATIONS TO THE MANAGEMENT OF THE PUBLIC101
15	15		EMPLOYEES' RETIREMENT ASSOCIATION BY THE BOARD OF102
16	16		TRUSTEES, AND, IN CONNECTION THEREWITH , DEFINING THE103
17	17		BOARD AS A LOCAL PUBLIC BODY FOR PURPOSES OF THE OPEN104
18	18		MEETINGS LAW, ESTABLISHING TERM LIMITS FOR MEMBERS OF105
19	19		THE BOARD, CLARIFYING THAT THE BOARD MUST CONDUCT ITS106
20	20		MEETINGS ACCORDING TO THE OPEN MEETINGS LAW AS A LOCAL107
21	21		PUBLIC BODY, REQUIRING THE BOARD TO POST CERTAIN108
22	22		MEETING-RELATED AND FINANCIAL INFORMATION OF THE109
23	23		ASSOCIATION ON THE ASSOCIATION 'S WEBSITE, AND CLARIFYING110
24	24		THE AUTHORITY OF THE BOARD TO MANAGE AND ADMINISTER
25	25		111
26	26		THE ASSOCIATION.112
27	27		SENATE
28		-	3rd Reading Unamended
29		-	March 12, 2025
30		-	SENATE
31	28		Amended 2nd Reading
32	29		March 11, 2025
33	30		SENATE SPONSORSHIP
34		-	Pelton B. and Kolker, ~~Kipp, Marchman~~
	31	+	Pelton B. and Kolker,
35	32		HOUSE SPONSORSHIP
36	33		Garcia Sander and Lukens,
37	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
38	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
39	36		Dashes through the words or numbers indicate deletions from existing law. Bill Summary
40	37		(Note: This summary applies to this bill as introduced and does
41	38		not reflect any amendments that may be subsequently adopted. If this bill
42	39		passes third reading in the house of introduction, a bill summary that
43	40		applies to the reengrossed version of this bill will be available at
44	41		http://leg.colorado.gov
45	42		.)
46	43		Section 1 of the bill defines the board of trustees of the public
47	44		employees' retirement association (board) as a local public body for
48	45		purposes of the open meetings law.
49	46		Section 2 limits the terms of both elected and appointed members
50	47		of the board to not more than 2 consecutive 4-year terms; except that the
51	48		state treasurer is not subject to the 2-term limit. A former trustee who has
52	49		served 2 consecutive terms may be reelected or reappointed to the board
53	50		after not serving on the board for a period of at least one term. Section 2
54	51		also clarifies how such term limits apply in the case of a vacancy
55	52		appointment.
56	53		Section 3 requires the board, on and after January 1, 2025, to
57	54		conduct its meetings in accordance with the open meetings law as a local
58	55		public body and requires the board to post and regularly maintain and
59	56		update the public employees' retirement association's (association)
60	57		website with information including:
61	58		! The notice with specific agenda information, if available,
62	59		for the board's next public meeting;
63	60		! The policy for and process by which a member of the
64	61		public may participate in any public meeting of the board;
65	62		! A link or other means of public access to the records of
66	63		past public meetings of the board; and
67	64		! The official email address of the board.
68	65		Section 3 also requires that, on or before January 1, 2026, and on or
69	66		before January 1 of each calendar year thereafter, the board post certain
70	67		financial information of the association on the association's website.
71	68		Section 4 clarifies that, while the board may delegate matters of
72	69		day-to-day administration of the association to the executive director or
73	70		other individuals, the board must retain authority and responsibility for
74	71		the overall management of the association.
75	72		Be it enacted by the General Assembly of the State of Colorado:1
76	73		SECTION 1. In Colorado Revised Statutes, 24-6-402, amend2
77	74		(1)(a)(II) and (1)(a)(III); and add (1)(a)(IV) as follows:3
78	75		24-6-402. Meetings - open to public - legislative declaration -4
79	76		147-2- definitions. (1) For the purposes of this section:1
80	77		(a) (II) Notwithstanding the provisions of subparagraph (I) of this2
81	78		paragraph (a) SUBSECTION (1)(a)(I) OF THIS SECTION, in order to assure3
82	79		school board transparency "local public body" shall include members of4
83	80		a board of education, school administration personnel, or a combination5
84	81		thereof who are involved in a meeting with a representative of employees6
85	82		at which a collective bargaining agreement is discussed.7
86	83		(III) Notwithstanding the provisions of subparagraph (I) of this8
87	84		paragraph (a) SUBSECTION (1)(a)(I) OF THIS SECTION, "local public body"9
88	85		includes the governing board of an institute charter school that is10
89	86		authorized pursuant to part 5 of article 30.5 of title 22. C.R.S.11
90	87		(IV) N
91	88		OTWITHSTANDING SUBSECTION (1)(a)(I) OF THIS SECTION,12
92	89		"
93	90		LOCAL PUBLIC BODY" INCLUDES THE BOARD OF TRUSTEES , CREATED IN13
94	91		SECTION 24-51-202, OF THE PUBLIC EMPLOYEES ' RETIREMENT14
95	92		ASSOCIATION, CREATED IN SECTION 24-51-201.15
96	93		SECTION 2. In Colorado Revised Statutes, 24-51-203, amend16
97	94		(2), (3), (4), and (5) as follows:17
98	95		24-51-203. Board - composition and election. (2) (a)
99	96		The board18
100	97		shall set the time and manner for the elections of trustees representing19
101	98		members and retirees. Elected trustees may be reelected to the board for20
102	99		an unlimited number of BUT SHALL NOT SERVE MORE THAN TWO21
103	100		CONSECUTIVE terms. but, Except for the state treasurer, no term THE22
104	101		CONSECUTIVE TERMS for any trustee shall NOT exceed four EIGHT years.23
105	102		A
106	103		FORMER TRUSTEE WHO HAS SERVED TWO CONSECUTIVE TERMS MAY BE24
107	104		REELECTED TO THE BOARD AFTER NOT SERVING ON THE BOARD FOR A25
108	105		PERIOD OF AT LEAST ONE TERM.26
109	106		(b) T
110	107		HE LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS
111	108		27
112	109		147
113	110		-3- THAT A TRUSTEE REPRESENTING MEMBERS OR RETIREES MAY SERVE THAT1
114	111		IS SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION APPLIES TO TERMS2
115	112		BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS3
116	113		AMENDED.4
117	114		(3) (a) The term for each of the trustees appointed by the governor5
118	115		is four years; except that the terms shall be staggered so that no more than6
119	116		one trustee's term expires in one year. Appointed trustees may be7
120	117		reappointed to the board for an unlimited number of BUT SHALL NOT8
121	118		SERVE MORE THAN TWO CONSECUTIVE terms. A FORMER TRUSTEE WHO9
122	119		HAS SERVED TWO CONSECUTIVE TERMS MAY BE REAPPOINTED TO THE10
123	120		BOARD AFTER NOT SERVING ON THE BOARD FOR A PERIOD OF AT LEAST ONE11
124	121		TERM.12
125	122		(b) T
126	123		HE LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS
127	124		13
128	125		THAT A TRUSTEE APPOINTED BY THE GOVERNOR MAY SERVE THAT IS SET14
129	126		FORTH IN SUBSECTION (3)(a) OF THIS SECTION APPLIES TO TERMS15
130	127		BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3), AS16
131	128		AMENDED.17
132	129		(4) When a vacancy occurs on the board among the elected18
133	130		trustees, the person who received the next highest number of votes in the19
134	131		most recent election of trustees shall be appointed to serve as trustee until20
135	132		the next election of trustees. If the person who received the next highest21
136	133		number of votes is unwilling to serve as a trustee or if the trustee who22
137	134		created the absence ran unopposed, the board shall appoint a trustee. In23
138	135		either case, the appointed trustee shall be from the same division as the24
139	136		trustee whose absence created the vacancy. A
140	137		PERSON APPOINTED TO25
141	138		SERVE AS A TRUSTEE PURSUANT TO THIS SUBSECTION (4)
142	139		WHO SERVES26
143	140		AT LEAST ONE-HALF OF THE TERM FOR WHICH THE PERSON IS FILLING THE27
144	141		147
145	142		-4- VACANCY SHALL BE CONSIDERED TO HAVE SERVED A TERM FOR PURPOSES1
146	143		OF THE LIMITATION ON CONSECUTIVE TERMS SET FORTH IN SUBSECTION (2)2
147	144		OF THIS SECTION.3
148	145		(5) When a vacancy occurs among the three appointed trustees,4
149	146		the governor shall appoint, with consent of the senate, a new trustee with5
150	147		the experience and competence specified in paragraph (g) of subsection6
151	148		(1) SUBSECTION (1)(g) of this section to serve the remainder of any7
152	149		unexpired term. Such THE appointee may serve on a temporary basis if8
153	150		the general assembly is not in session when he or she THE APPOINTEE is9
154	151		appointed until the general assembly is in session and the senate is able10
155	152		to consent to such THE appointment. A PERSON APPOINTED TO SERVE AS11
156	153		TRUSTEE PURSUANT TO THIS SUBSECTION (5) WHO SERVES AT LEAST12
157	154		ONE-HALF OF THE TERM FOR WHICH THE PERSON IS FILLING THE VACANCY13
158	155		SHALL BE CONSIDERED TO HAVE SERVED A TERM FOR PURPOSES OF THE14
159	156		LIMITATION ON CONSECUTIVE TERMS SET FORTH IN SUBSECTION (3) OF15
160	157		THIS SECTION.16
161	158		SECTION 3. In Colorado Revised Statutes, 24-51-204, amend17
162	159		(2); and add (12) as follows:18
163	160		24-51-204. Duties of the board - report. (2) (a) The board shall19
164	161		set the time and place for meetings, and conduct those meetings in20
165	162		accordance with the provisions of part 4 of article 6 of this title and shall21
166	163		maintain a record of its proceedings TITLE 24.22
167	164		(b) F
168	165		OR PURPOSES OF PART 4 OF ARTICLE 6 OF THIS TITLE 24, THE23
169	166		BOARD IS A LOCAL PUBLIC BODY , AS DEFINED IN SECTION 24-6-40224
170	167		(1)(a)(I).25
171	168		(12) (a) O
172	169		N AND AFTER JANUARY 1, 2025, THE BOARD SHALL POST26
173	170		ON AND REGULARLY MAINTAIN AND UPDATE THE ASSOCIATION 'S WEBSITE27
174	171		147
175	172		-5- TO INCLUDE, IN A DOWNLOADABLE FORMAT FOR FREE PUBLIC ACCESS , THE1
176	173		MOST CURRENT INFORMATION CONCERNING THE FOLLOWING :2
177	174		(I) T
178	175		HE NOTICE, WITH SPECIFIC AGENDA INFORMATION , IF3
179	176		AVAILABLE, INCLUDING ANY AVAILABLE PRESENTATIONS AND OTHER4
180	177		DOCUMENTS THAT MIGHT BE CONSIDERED AT THE NEXT PUBLIC MEETING5
181	178		OF THE BOARD AS REQUIRED BY SUBSECTION (2) OF THIS SECTION;6
182	179		(II) T
183	180		HE POLICY FOR AND PROCESS BY WHICH A MEMBER OF THE7
184	181		PUBLIC MAY PARTICIPATE IN EACH PUBLIC MEETING OF THE BOARD ;8
185	182		(III) A
186	183		LINK OR OTHER MEANS OF PUBLIC ACCESS TO THE RECORDS9
187	184		OF PRIOR BOARD MEETINGS; AND10
188	185		(IV) T
189	186		HE OFFICIAL EMAIL ADDRESS THAT THE BOARD USES TO11
190	187		SEND COMMUNICATIONS TO EACH BOARD MEMBER .12
191	188		(b) O
192	189		N OR BEFORE JANUARY 1, 2026, AND ON OR BEFORE JANUARY13
193	190		1
194	191		OF EACH CALENDAR YEAR THEREAFTER , THE BOARD SHALL POST ON THE14
195	192		ASSOCIATION'S WEBSITE THE ASSOCIATION'S MOST CURRENT FINANCIAL15
196	193		INFORMATION AS FOLLOWS:16
197	194		(I) T
198	195		HE ANNUAL COMPENSATION AMOUNT PAID TO EACH17
199	196		EMPLOYEE OF THE ASSOCIATION;18
200	197		(II) T
201	198		HE AMOUNT AND METHOD OF CALCULATION OF EACH ANNUAL19
202	199		BONUS AWARDED TO EACH EMPLOYEE OF THE ASSOCIATION ;20
203	200		(III) T
204	201		HE TOTAL ANNUAL AM OUNT OF MONEY PAID BY THE21
205	202		ASSOCIATION TO THIRD-PARTY SERVICE PROVIDERS;22
206	203		(IV) T
207	204		HE TOTAL ANNUAL AMOUNT OF MONEY EXPENDED BY THE23
208	205		ASSOCIATION FOR TRAVEL COSTS INCURRED BY MEMBERS OF THE BOARD ,24
209	206		INCLUDING BOTH ELECTED TRUSTEES REIMBURSED BY THE ASSOCIATION25
210	207		PURSUANT TO SECTION 24-51-203 (6) AND APPOINTED TRUSTEES26
211	208		COMPENSATED BY THE ASSOCIATION PURSUANT TO SECTION 24-51-203 (7);27
212	209		147
213	210		-6- (V) THE TOTAL ANNUAL AMOUNT OF MONEY EXPENDED BY THE1
214	211		ASSOCIATION FOR TRAVEL COSTS INCURRED BY THE EXECUTIVE DIRECTOR2
215	212		OF THE ASSOCIATION AND ANY OTHER INDIVIDUAL HOLDING AN EXECUTIVE3
216	213		POSITION WITH THE ASSOCIATION;4
217	214		(VI) T
218	215		HE ASSOCIATION'S ANNUAL BUDGET;5
219	216		(VII) T
220	217		HE ASSOCIATION'S ANNUAL AUDITED FINANCIAL6
221	218		STATEMENTS;7
222	219		(VIII) T
223	220		HE ASSOCIATION'S SALARY SCHEDULES OR POLICIES; AND8
224	221		(IX) T
225	222		HE ASSOCIATION'S ACTUAL EXPENDITURES , INCLUDING9
226	223		ACTUAL SALARY EXPENDITURES AND ACTUAL BENEFIT EXPENDITURES10
227	224		REPORTED BY JOB CATEGORY .11
228	225		(c) N
229	226		OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,12
230	227		THIS SUBSECTION (12) DOES NOT REQUIRE THE BOARD TO REPORT OR13
231	228		OTHERWISE DISCLOSE PERSONAL INFORMATION RELATING TO PAYROLL ,14
232	229		INCLUDING PAYROLL DEDUCTIONS OR CONTRIBUTIONS , OR ANY OTHER15
233	230		INFORMATION THAT IS CONFIDENTIAL OR OTHERWISE PROTECTED FROM16
234	231		DISCLOSURE PURSUANT TO STATE OR FEDERAL LAW .17
235	232		SECTION 4. In Colorado Revised Statutes, 24-51-205, amend18
236	233		(6)(a) introductory portion and (6)(b)
237	234		as follows:19
238	235		24-51-205. General authority of the board. (6) (a) The board20
239	236		may delegate any of its responsibilities, duties, and authorities as set forth21
240	237		in this article ARTICLE 51 to the executive director of the association22
241	238		or to designated agents of the association. T
242	239		HE BOARD SHALL RETAIN
243	240		23
244	241		FINAL AUTHORITY AND RESPONSIBILITY FOR THE MANAGEMENT OF THE24
245	242		ASSOCIATION AND ALL DUTIES AND POWERS AUTHORIZED BY THIS ARTICLE25
246	243		51
247	244		THROUGH THE ADMINISTRATIVE REVIEW PROCEDURES AUTHORIZED BY
248	245		26
249	246		SUBSECTION (1) OF THIS SECTION. Subject to paragraph (b) of this27
250	247		147
251	248		-7- subsection SUBSECTION (6)(b) OF THIS SECTION, the executive director1
252	249		may correct an administrative error made by the board, the executive2
253	250		director, or the employees of the association and may make any3
254	251		appropriate correcting adjustments upon receiving written documentation4
255	252		of the following:5
256	253		(b) The executive director shall file a report monthly with the6
257	254		board setting forth the administrative errors corrected pursuant to7
258	255		paragraph (a) of this subsection SUBSECTION (6)(a) OF THIS SECTION. Such8
259	256		corrections shall be subject to board review after which the board may9
260	257		take any action it deems appropriate with regard to such errors.10
261	258		11
262	259		SECTION 5. Safety clause. The general assembly finds,12
263	260		determines, and declares that this act is necessary for the immediate13
264	261		preservation of the public peace, health, or safety or for appropriations for14
265	262		the support and maintenance of the departments of the state and state15
266	263		institutions.16
267	264		147
268	265		-8-