First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0509.02 Kate Meyer x4348 SENATE BILL 13-274 SENATE SPONSORSHIP Steadman, HOUSE SPONSORSHIP Levy and Gerou, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the compensation paid to elected state officials. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill: Aligns the salaries of executive branch elected state officials with the salaries of certain judicial branch officials; Applies that alignment prospectively and provides for periodic future adjustments that correspond to the judicial branch officers' salaries; and Revives the lapsed Colorado state officials' compensation commission, alters the compensation of the commission so that no appointees are current elected officials or state employees, and directs the commission to study certain specific issues related to officials' compensation and to make recommendations on such officials' salaries in the future. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-9-101, amend (1) (a), (1) (b), (1) (d), (1) (e), (1) (f), and (2); and add (3) as follows: 24-9-101. Salaries of elected state officials - repeal. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows: (a) Governor: (I) (A) Ninety thousand dollars. (B) This subparagraph (I) is repealed, effective January 7, 2019. (II) (A) The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is the same amount as the total compensation paid to the chief justice of the state supreme court on January 8, 2019. (B) Each subsequent salary paid under this paragraph (a) shall be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary matches the total compensation earned by the chief justice of the supreme court on the first day of the governor's term. (b) Lieutenant governor: (I) (A) Sixty-eight thousand five hundred dollars or, if concurrently serving as the head of a principal department, a combined salary that, in total, is commensurate with the annual salary paid for the position of head of the principal department. (B) This subparagraph (I) is repealed, effective January 7, 2019. (II) (A) The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is the same amount as the total compensation paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 8, 2019. (B) Each subsequent salary paid under this paragraph (e) shall be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary matches the total compensation earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term. (III) Notwithstanding any provision of subparagraph (II) of this paragraph (b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this paragraph (b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this paragraph (b), equals the amount paid to the head of that principal department. (d) Attorney general: (I) (A) Eighty thousand dollars. (B) This subparagraph (I) is repealed, effective January 12, 2015. (II) (A) The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2015 is the same amount as the total compensation paid to the chief judge of the court of appeals on January 13, 2015. (B) Each subsequent salary paid under this paragraph (d) shall be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary matches the total compensation earned by the chief judge of the court of appeals on the first day of the attorney general's term. (e) Secretary of state: (I) (A) Sixty-eight thousand five hundred dollars. (B) This subparagraph (I) is repealed, effective January 7, 2019. (II) (A) The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is the same amount as the total compensation paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 8, 2019. (B) Each subsequent salary paid under this paragraph (e) shall be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the secretary of state's annual salary matches the total compensation earned by the judges of the county court in Class B counties on the first day of the secretary of state's term. (f) State treasurer: (I) (A) Sixty-eight thousand five hundred dollars. (B) This subparagraph (I) is repealed, effective January 7, 2019. (II) (A) The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is the same amount as the total compensation paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 8, 2019. (B) Each subsequent salary paid under this paragraph (f) shall be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary matches the total compensation earned by the judges of the county court in Class B counties on the first day of the state treasurer's term. (2) The salaries fixed by subsection (1) of this section shall become payable on and after the second Tuesday in January, 1999 Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled. (3) Nothing in this section authorizes the salary of any elected state official to be modified while he or she is serving his or her official term. SECTION 2. In Colorado Revised Statutes, amend 2-3-803 as follows: 2-3-803. Colorado state officials' compensation commission established - composition. (1) The Colorado state officials' compensation commission, referred to in this part 8 as the "commission", is hereby established. (2) The commission shall consist consists of nine members, who shall be are appointed as follows: (a) Two members shall be appointed by the president of the senate, only one of whom may be a member of the general assembly, neither of whom may be affiliated with the same political party; (b) Two members shall be appointed by the speaker of the house of representatives, only one of whom may be a member of the general assembly, neither of whom may be affiliated with the same political party; (c) Three members shall be appointed by the governor, one of whom shall be selected by the governor to chair the commission. No more than two members appointed under this paragraph (c) shall be affiliated with the same political party. (d) Two members shall be appointed by the chief justice of the supreme court, neither of whom may be affiliated with the same political party. (3) The commission members appointed by the governor and the chief justice of the supreme court shall not be current elected or appointed officials nor be currently employed by the state of Colorado. and The members shall be selected with special reference to their knowledge of compensation practices and financial matters generally. (4) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the commission members appointed by the president of the senate and the speaker of the house of representatives shall serve for terms of two years. (II) The terms of the members appointed by the speaker of the house of representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening the date on which the speaker of the house of representatives and the president of the senate receive the notice required under subparagraph (II) of paragraph (b) of this subsection (4), the speaker and the president shall each appoint or reappoint members in the same manner as provided in pursuant to paragraphs (a) and (b) of subsection (2) of this section. The terms of those four members, and thereafter, the terms of members appointed or reappointed by the speaker and the president, shall expire biennially on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after the convening date of the first regular session of each general assembly. The person making the original appointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed. (b) (I) Two commission members initially appointed by the governor shall serve for terms of two years, and one shall serve serves for a term of four years. Subsequent appointments shall be are for terms of four years, except for that vacancies which shall be are filled by appointment for the unexpired term. (II) The governor shall make his or her initial appointments to the commission by October 1, 2013. The governor shall notify in writing the speaker of the house of representatives, the president of the senate, and the chief justice of the supreme court as soon as practicable after making those initial appointments. (c) One commission member initially appointed by the chief justice shall serve serves for a term of two years, and one shall serve serves for a term of four years. Subsequent appointments shall be are for terms of four years, except for that vacancies which shall be are filled by appointment for the unexpired term. SECTION 3. In Colorado Revised Statutes, amend 2-3-804 as follows: 2-3-804. Commission officers - meetings. (1) The governor shall call the first meeting of the commission, for the purpose of organization, by December 1, 2013. At this meeting, the commission shall select from its membership a chairman, a vice-chairman, vice-chairperson and a secretary to serve for terms of two years. (2) The commission shall meet at least two times a year upon call of the chairman chairperson. (3) Commission members shall serve without compensation but they shall be are entitled to reimbursement for actual and necessary expenses in carrying out their duties under this part 8. SECTION 4. In Colorado Revised Statutes, 2-3-805, amend (2) as follows: 2-3-805. Commission duties and responsibilities. (2) (a) No later than the tenth day of each even-numbered odd-numbered year, commencing with 2015, the commission shall file its report with the president of the senate, and the speaker of the house of representatives, and the joint budget committee. The commission may submit such any interim reports as it deems necessary. Copies of any report shall also be filed with the governor and the chief justice of the supreme court. (b) The report shall set forth the salaries, retirement benefits, expense allowances, and other emoluments to be paid members of the general assembly, justices and judges of the state judicial system, district attorneys, and elected and appointed officials of the executive branch not included in the state personnel system. The general assembly, in considering and enacting legislation concerning such matters, shall give consideration to consider the recommendations contained in the report. however, insofar as district attorneys are concerned, the county commissioners of the counties or city council of the city and county affected, in considering such matters, shall give consideration to the recommendations contained in the report. (c) (I) In its first report, the commission shall include the following: (A) Recommendations, if any, that the salaries for members of the general assembly be adjusted, including whether any such adjustments should be made in reference to other positions of Colorado state government or imposed automatically at the beginning of legislative terms, as such adjustments are provided for in section 24-9-101, C.R.S.; (B) Recommendations, if any, that the members of the board of regents or of the state board of education be paid a salary or monthly stipend; and (C) Recommendations, if any, that the state-funded portion of the salaries of district attorneys set forth in section 20-1-301, C.R.S., and paid in accordance with section 20-1-306, C.R.S., be adjusted. (II) The commission shall periodically revisit, as it deems appropriate, the issues described in subparagraph (I) of this paragraph (c). SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.