HOUSE 3rd Reading Unamended March 10, 2015 HOUSE Amended 2nd Reading March 9, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0577.02 Christy Chase x2008 HOUSE BILL 15-1133 HOUSE SPONSORSHIP Danielson, Arndt, Becker K., Court, Duran, Esgar, Fields, Ginal, Hamner, Hullinghorst, Kraft-Tharp, Lontine, McCann, Mitsch Bush, Pettersen, Primavera, Ryden, Williams, Winter, Buckner, Foote, Garnett, Kagan, Lebsock, Lee, Melton, Moreno, Pabon, Rosenthal, Salazar, Singer, Tyler, Vigil, Young SENATE SPONSORSHIP Ulibarri, House Committees Senate Committees Business Affairs and Labor Appropriations A BILL FOR AN ACT Concerning the Colorado pay equity commission, and, in connection therewith, continuing the commission indefinitely, requiring the commission to evaluate the status of pay equity in the state, allowing the commission to hire staff if the commission receives sufficient funding, and making an appropriation. 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 Colorado pay equity commission was created in 2010 to address issues relating to pay equity in the work place. The commission is scheduled to repeal on July 1, 2015. The bill extends the commission indefinitely and requires the commission, among its other duties, to monitor the status of pay inequity in the state. Additionally, if the commission receives sufficient gifts, grants, or donations, the commission is authorized to hire or contract with one full-time equivalent employee or contractor to assist the commission in performing its functions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 8-5-106, amend (1) (a), (1) (b), (2), (3), and (4) (a); and repeal (6) as follows: 8-5-106. Colorado pay equity commission - creation - duties - cash fund - report. (1) (a) There is hereby created in the office of the executive director in the department of labor and employment the Colorado pay equity commission, referred to in this section as the "commission". The commission consists of eleven members as follows: (I) The executive director of the department of labor and employment or his or her designee; (II) The director of the civil rights division in the department of regulatory agencies or his or her designee; (III) The following nine members appointed by the governor: (III) (A) One member representing higher education who has expertise in pay equity issues; appointed by the governor; (IV) Two members appointed by the president of the senate as follows: (A) (B) One member representing a statewide labor union federation that includes private and public sector unions; and (B) (C) One member representing a national organization that serves minority communities and communities of color; (V) Two members appointed by the speaker of the house of representatives as follows: (A) (D) One member of a women's national association or organization; and (B) (E) One member who is an attorney with experience in labor and employment issues, is an active member of a statewide association of attorneys, and represents employees; (VI) (F) One member representing a business association; appointed by the minority leader of the senate; (VII) (G) One member representing a chamber of commerce or a consortium of chambers of commerce; appointed by the minority leader of the house of representatives; (VIII) (H) One member who is a private, for-profit employer with fewer than fifteen employees; appointed jointly by the minority leaders of the senate and house of representatives; and (IX) (I) One member who is a private, for-profit employer with fifteen or more employees. appointed jointly and with the unanimous consent of the president and minority leader of the senate and the speaker and minority leader of the house of representatives. (b) (I) (A) The initial appointments to the commission shall be made within ninety days after May 25, 2010. If the appointing authority for a particular position on the commission fails to appoint a person to fill the position by the ninetieth day after May 25, 2010, the commission, by a majority vote of the members appointed by such date, shall select a qualified person to fill the position. Appointed members of the commission who are serving on the commission as of July 1, 2015, are removed from the commission, and by July 31, 2015, the governor shall appoint new members, or reappoint members who were serving on the commission as of July 1, 2015, to the commission in accordance with subparagraph (III) of paragraph (a) of this subsection (1). (B) In order to ensure staggered terms of office, the governor shall appoint four commission members to serve initial one-year terms of office and five commission members to serve initial two-year terms of office. Upon completion of the initial terms, the appointed members of the commission shall serve two-year terms of office. not to exceed two consecutive terms of office. (II) Upon the vacancy of a position on the commission, the appointing authority for that position on the commission governor shall appoint a qualified person to complete the remainder of the unexpired term. If the appointing authority governor fails to appoint a person to fill the vacancy within sixty days after the date the vacancy occurs, the commission, by majority vote, shall select a qualified person to fill the vacancy. (2) (a) The commission may solicit, and the department of labor and employment may accept, gifts, grants, and donations on behalf of the commission to fund the commission's costs, including costs for staff support. Any gifts, grants, or donations received by the department for the benefit of the commission shall be deposited in the pay equity commission cash fund, which fund is hereby created in the state treasury. Interest earned on the deposit and investment of moneys in the fund shall be deposited remains in the fund. Moneys in the fund are continuously appropriated to the department to fund the commission's costs in complying with this section. (b) The department shall provide staff support to the commission. If the commission receives sufficient funds through gifts, grants, and donations, the commission may use the funds to cover the commission's costs, including costs for department staff or costs associated with hiring or contracting with up to one full-time equivalent employee or contractor to assist the commission in performing its duties pursuant to this section. (3) (a) The commission's work, in conjunction with the department, includes: (a) (I) Educating employers in the state about issues or practices that may contribute to pay inequities; (b) (II) Working with business groups and educational institutions to develop and maintain an inventory of best practices for encouraging equal pay; (c) (III) Encouraging employers to implement equal pay best practices; (d) (IV) Studying other state models of equal pay practices that achieve pay equity; (e) (V) Developing a program recognizing employers who pursue pay equity practices; (f) (VI) Conducting outreach and education to employees and employers regarding pay equity; and (g) (VII) Working to establish the state of Colorado as a model employer with regard to pay equity. (b) In addition to its work specified in paragraph (a) of this subsection (3), the commission shall monitor the status of pay inequity in Colorado and provide updates in its annual report required by subsection (4) of this section. (4) (a) By June 30, 2012, and Notwithstanding section 24-1-136 (11), C.R.S., by each June 30, through June 30, 2015, the commission shall submit a report to the executive director of the department, detailing the work of the commission, including the education and outreach the commission has engaged in, the steps taken to encourage employers to implement equal pay best practices, the status of the inventory of best practices and the recognition program and whether any employers have been recognized under the program, any findings the commission has made based on its study of other states and practices in this state, and any other relevant information. The executive director of the department shall present the written report to the business, labor, and technology committee of the senate and the business affairs and labor committee of the house of representatives, or their successor committees. Following presentation of the report to the legislative committees, the department shall post the report on its web site. (6) This section is repealed, effective July 1, 2015. Prior to such repeal, the commission shall be reviewed in accordance with section 2-3-1203, C.R.S. SECTION 2. Appropriation. For the 2015-16 state fiscal year, $27,396 is appropriated to the department of labor and employment for use by the division of labor. This appropriation is from the general fund and is based on an assumption that the division will require an additional 0.5 FTE. To implement this act, the division may use this appropriation for the Colorado pay equity commission. SECTION 3. Effective date. This act takes effect July 1, 2015. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.