First Regular Session
Sixty-first General Assembly
LLS NO. 970697.01D GWF
HOUSE BILL 971321
STATE OF COLORADO
BY REPRESENTATIVE George;
also SENATOR J. Johnson.
ENGROSSED
STATE, VETERANS &
MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE STATE OFFICIALS' COLORADO COMPENSATION
COMMISSION.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Establishes a commission to study the compensation provided to elected state officials and designated justices and judges. Provides that members of the commission shall be appointed by the governor, the chief justice of the supreme court, the speaker of the house of representatives, and the president of the senate. Prohibits state and local officials from serving on the commission.
Requires the commission to submit a report on or before the first day of convening of the general assembly in 1998, in 1999, and every 2 years thereafter establishing the compensation for state officials. Allows the general assembly to reject a report in its entirety or take no action upon a report. Authorizes the commission to submit a new report within a specified time if the general assembly has rejected a report. Specifies that any modification in salary contained in a report shall have the force and effect of law unless the report has been rejected in its entirety by joint resolution of the general assembly.
Provides that any modification in the salary of an elected official shall take effect commencing with the term of office commencing after the report was submitted. Specifies a date upon which a modification shall take effect for designated justices and judges.
Allows the commission to request staff assistance
in carrying out its duties.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 8 of article 3 of title 2, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
PART 8
COLORADO STATE OFFICIALS'
23801. Definitions. AS USED IN THIS PART 8, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "COMPENSATION" MEANS SALARY, BASE COMPENSATION, BENEFITS, INCLUDING RETIREMENT, MILEAGE, PER DIEM, TRAVEL, EXPENSE ALLOWANCES, AND ANY OTHER REIMBURSEMENTS OR REMUNERATION PROVIDED TO A STATE OFFICIAL.
(2) "LOCAL OFFICIAL" MEANS ANY ELECTED OFFICIAL OF A LOCAL GOVERNMENT AND A JUDGE OR MAGISTRATE OF A MUNICIPAL COURT.
(3) "STATE OFFICIAL" MEANS A MEMBER OF THE GENERAL ASSEMBLY, THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, THE STATE TREASURER, A JUSTICE OF THE COLORADO SUPREME COURT, A JUDGE OF THE COLORADO COURT OF APPEALS, A JUDGE OF A DISTRICT COURT, A JUDGE OF THE PROBATE OR JUVENILE COURT OF THE CITY AND COUNTY OF DENVER, AND A JUDGE OF A COUNTY COURT IN A CLASS B COUNTY.
23802. Colorado state officials' compensation commission creation compensation increases. (1) THERE IS HEREBY ESTABLISHED A COMMISSION TO BE KNOWN AS THE COLORADO STATE OFFICIALS' COMPENSATION COMMISSION, REFERRED TO IN THIS PART 8 AS THE "COMMISSION", CONSISTING OF THE FOLLOWING SEVEN MEMBERS:
(a) TWO MEMBERS APPOINTED BY THE GOVERNOR WHO SHALL NOT BE MEMBERS OF THE SAME POLITICAL PARTY AND WHO SHALL SERVE FOURYEAR TERMS; EXCEPT THAT ONE OF THE INITIAL MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH (a) SHALL SERVE A TWOYEAR TERM;
(b) ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT WHO SHALL SERVE A FOURYEAR TERM;
(c) TWO MEMBERS APPOINTED JOINTLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES WHO SHALL SERVE FOURYEAR TERMS; EXCEPT THAT ONE OF THE INITIAL MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH (c) SHALL SERVE A TWOYEAR TERM;
(d) TWO MEMBERS APPOINTED JOINTLY BY THE PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE SENATE WHO SHALL SERVE FOURYEAR TERMS; EXCEPT THAT ONE OF THE INITIAL MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH (d) SHALL SERVE A TWOYEAR TERM.
(2) IN NO EVENT SHALL A STATE OFFICIAL OR A LOCAL OFFICIAL SERVE OR BE APPOINTED TO SERVE AS A MEMBER OF THE COMMISSION.
(3) THE APPOINTING AUTHORITY SHALL TAKE INTO CONSIDERATION THE MEMBER'S KNOWLEDGE OF COMPENSATION PRACTICES AND FINANCIAL MATTERS. ANY MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR REAPPOINTMENT. INDIVIDUALS SHALL BE APPOINTED TO FILL VACANCIES FOR THE REMAINDER OF ANY UNEXPIRED TERMS OF MEMBERS OF THE COMMISSION. ANY VACANCY SHALL BE FILLED BY THE ORIGINAL APPOINTING AUTHORITY.
(4) THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO SERVE AS THE CHAIRPERSON. MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN CARRYING OUT THEIR DUTIES UNDER THIS SECTION.
23803. Commission study report. (1) THE COMMISSION SHALL STUDY THE COMPENSATION PROVIDED TO STATE OFFICIALS AND SHALL SUBMIT TO THE GOVERNOR, THE CHIEF JUSTICE, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A REPORT THAT OUTLINES THE FINDINGS OF THE COMMISSION AND THAT MODIFIES OR LEAVES UNCHANGED THE COMPENSATION PROVIDED TO STATE OFFICIALS PURSUANT TO THIS PART 8. THE REPORT SHALL BE BASED ON SOUND, SYSTEMATIC OCCUPATIONAL ANALYSIS AND JOB EVALUATION METHODS AND SHALL CONSIDER THE FOLLOWING:
(a) THE RESPONSIBILITIES OF EACH STATE OFFICIAL;
(b) THE RELATIVE LEVEL OF DIFFICULTY IN PERFORMING THE DUTIES OF EACH STATE OFFICIAL; AND
(c) THE CURRENT LEVEL OF COMPENSATION FOR COMPARABLE EMPLOYMENT IN OTHER PLACES OF PUBLIC AND PRIVATE EMPLOYMENT IN COMPETITIVE LABOR MARKETS.
(2) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, THE COMMISSION SHALL SUBMIT A REPORT AS REQUIRED BY SUBSECTION (1) OF THIS SECTION ON OR BEFORE THE FIRST DAY OF CONVENING OF THE SECOND REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY IN 1998, ON OR BEFORE THE FIRST DAY OF CONVENING OF THE FIRST REGULAR SESSION OF THE SIXTYSECOND GENERAL ASSEMBLY IN 1999, AND ON THE FIRST DAY OF CONVENING OF THE GENERAL ASSEMBLY EVERY TWO YEARS THEREAFTER.
(3) THE GENERAL ASSEMBLY MAY REJECT A REPORT SUBMITTED PURSUANT TO THIS SECTION IN ITS ENTIRETY BY JOINT RESOLUTION OR TAKE NO ACTION ON A REPORT SUBMITTED PURSUANT TO THIS SECTION.
(4) FOR EACH REPORT REJECTED IN ITS ENTIRETY BY THE GENERAL ASSEMBLY, THE COMMISSION MAY SUBMIT A NEW REPORT DURING THE SAME REGULAR SESSION OF THE GENERAL ASSEMBLY IN WHICH THE REPORT WAS REJECTED OR, IF NO REPORT IS TO BE SUBMITTED DURING THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE COMMISSION MAY SUBMIT A NEW REPORT DURING THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY. THE COMMISSION MAY SUBMIT A NEW REPORT PURSUANT TO THIS SUBSECTION (4) ONLY DURING THE FIRST NINETY DAYS OF A REGULAR SESSION OF THE GENERAL ASSEMBLY.
23804. Effect of report modification of compensation. (1) NOTWITHSTANDING ANY PROVISION SET FORTH IN SECTION 22307, ARTICLE 30 OF TITLE 13, C.R.S., OR ARTICLE 9 OF TITLE 24, C.R.S., ANY MODIFICATION IN THE COMPENSATION OF A STATE OFFICIAL SPECIFIED IN A REPORT SUBMITTED PURSUANT TO SECTION 23803 SHALL HAVE THE FORCE AND EFFECT OF LAW UNLESS THE REPORT HAS BEEN REJECTED IN ITS ENTIRETY BY JOINT RESOLUTION OF THE GENERAL ASSEMBLY BEFORE SUCH MODIFICATION TAKES EFFECT.
(2) ANY MODIFICATION IN THE COMPENSATION OF A MEMBER OF THE GENERAL ASSEMBLY, THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, OR THE STATE TREASURER SHALL TAKE EFFECT COMMENCING WITH THE TERM OF OFFICE COMMENCING AFTER THE REPORT WAS SUBMITTED. ANY MODIFICATION IN THE COMPENSATION OF A JUSTICE OF THE COLORADO SUPREME COURT, A JUDGE OF THE COLORADO COURT OF APPEALS, A JUDGE OF A DISTRICT COURT, A JUDGE OF THE PROBATE OR JUVENILE COURT OF THE CITY AND COUNTY OF DENVER, AND A JUDGE OF A COUNTY COURT IN A CLASS B COUNTY SHALL TAKE EFFECT COMMENCING JULY 1 OF THE YEAR IN WHICH THE REPORT WAS SUBMITTED.
23805. Staff assistance. IN CARRYING OUT ITS DUTIES UNDER THIS SECTION, THE COMMISSION MAY REQUEST STAFF ASSISTANCE FROM THE LEGISLATIVE COUNCIL, THE JOINT BUDGET COMMITTEE, AND ANY DEPARTMENT CAPABLE OF PROVIDING INFORMATION OR ASSISTANCE TO THE COMMISSION.
SECTION 2. 22307, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22307. Compensation of members reimbursement of expenses. (6) THE COMPENSATION PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY PURSUANT TO THIS SECTION MAY BE MODIFIED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 3 OF THIS TITLE.
SECTION 3. 22317, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22317. Expense, subsistence, and travel allowance. (4) THE ALLOWANCES PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY PURSUANT TO THIS SECTION MAY BE MODIFIED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 3 OF THIS TITLE.
SECTION 4. Article 9 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
249106. Modification of compensation by state officials' compensation commission. THE SALARIES, ALLOWANCES, AND OTHER COMPENSATION PROVIDED FOR ELECTED STATE OFFICIALS PURSUANT TO THIS ARTICLE MAY BE MODIFIED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 3 OF TITLE 2, C.R.S.
SECTION 5. Article 30 of title 13, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
1330105. Modification of compensation by state officials' compensation commission. THE SALARIES AND OTHER COMPENSATION OF JUSTICES OF THE COLORADO SUPREME COURT, JUDGES OF THE COLORADO COURT OF APPEALS, JUDGES OF THE DISTRICT COURTS, JUDGES OF THE PROBATE AND JUVENILE COURTS OF THE CITY AND COUNTY OF DENVER, AND A JUDGE OF A COUNTY COURT IN A CLASS B COUNTY PROVIDED FOR IN THIS ARTICLE MAY BE MODIFIED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 3 OF TITLE 2, C.R.S.
SECTION 6. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.