First Regular Session

Sixty-second General Assembly

LLS NO. R99­0876.01 Bob Lackner

STATE OF COLORADO

BY SENATORS Rupert and Feeley

STATE, VETERANS AND MILITARY AFFAIRS

SENATE CONCURRENT RESOLUTION 99-005

CONCERNING THE SUBMISSION TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO OF AN AMENDMENT TO ARTICLES IV, V, VI, AND XII OF, AND THE ADDITION OF A NEW ARTICLE TO, THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING COMPENSATION FOR STATE OFFICIALS, AND, IN CONNECTION THEREWITH, ESTABLISHING A COMMISSION TO STUDY ON A BIENNIAL BASIS THE COMPENSATION PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY, ELECTED OFFICIALS OF THE EXECUTIVE BRANCH, AND DESIGNATED JUDGES AND JUSTICES OF THE STATE JUDICIAL SYSTEM AND TO ISSUE A REPORT THAT MODIFIES OR LEAVES UNCHANGED SUCH COMPENSATION; PROVIDING THAT ANY MODIFICATION OF SUCH COMPENSATION EXPRESSED IN A REPORT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW UNLESS REJECTED IN ITS ENTIRETY BY JOINT RESOLUTION OF THE GENERAL ASSEMBLY; SPECIFYING WHEN SUCH MODIFICATION SHALL TAKE EFFECT; AND MAKING CONFORMING AMENDMENTS PERTAINING TO COMPENSATION FOR MEMBERS OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Establishes a commission to study and issue a report concerning compensation for members of the general assembly, elected officials of the executive branch, and designated judges and justices of the state judicial system. Provides that the commission shall have 9 members to 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 from serving on the commission public employees, state and local officials, recent candidates for elective political office, professional lobbyists that have registered with the secretary of state, and immediate family members of such employees, state or local officials, candidates, or professional lobbyists.

Requires the commission to submit a report establishing the compensation for state officials on or before the first day of convening of the general assembly in 2002 and every 2 years thereafter. 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 period of 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 the general assembly.

Provides that any modification in the compensation of a state official specified in a report submitted in accordance with the provisions of article XXVIII shall take effect commencing July 1 of the year in which such report was submitted.

Allows the commission to request staff assistance in carrying out its duties.

Makes conforming amendments to existing constitutional provisions pertaining to the compensation for members of the executive, legislative, and judicial branches of state government.


Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, the House of Representatives concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendments to the constitution of the state of Colorado, to wit:

The constitution of the state of Colorado is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE XXVIII

Colorado State Officials' Compensation Commission

Section 1.  Declaration.  THE PEOPLE OF THE STATE OF COLORADO INTEND THAT COMPENSATION FOR MEMBERS OF THE GENERAL ASSEMBLY, JUSTICES AND JUDGES OF THE STATE JUDICIAL SYSTEM, AND ELECTED OFFICIALS OF THE EXECUTIVE BRANCH BE BASED UPON EQUITABLE AND PROPER STANDARDS IN ORDER THAT SUCH COMPENSATION ACCURATELY REFLECT THE DUTIES AND RESPONSIBILITIES ASSUMED BY SUCH OFFICIALS AND THAT CITIZENS OF THE HIGHEST QUALITY MAY BE ATTRACTED TO PUBLIC SERVICE. THE PEOPLE OF THE STATE OF COLORADO INTEND THAT THESE GOALS BE ACHIEVED THROUGH THE ESTABLISHMENT OF AN INDEPENDENT COMMISSION EMPOWERED TO SET COMPENSATION FOR SUCH OFFICIALS SO THAT POLITICAL CONSIDERATIONS MAY BE REMOVED FROM THE PROCESS OF DETERMINING THE AMOUNT OF SUCH COMPENSATION.

Section 2.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "COMMISSION" MEANS THE COLORADO STATE OFFICIALS' COMPENSATION COMMISSION.

(2)  "COMPENSATION" MEANS SALARY, BASE COMPENSATION, BENEFITS, MILEAGE, PER DIEM, TRAVEL, EXPENSE ALLOWANCES, OR ANY OTHER REIMBURSEMENTS OR REMUNERATION PROVIDED TO A STATE OFFICIAL.

(3)  "LOCAL OFFICIAL" MEANS ANY ELECTED OFFICIAL OF A LOCAL GOVERNMENT OR A JUDGE OR MAGISTRATE OF A COUNTY OR MUNICIPAL COURT.

(4)  "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 THE DISTRICT COURT, OR ANY JUDGE OF THE PROBATE OR JUVENILE COURT OF THE CITY AND COUNTY OF DENVER.

Section 3.  Colorado state officials' compensation commission ­ creation ­ membership ­ officers ­ vacancies ­ reimbursement. (1)  THERE IS HEREBY ESTABLISHED A COMMISSION TO BE KNOWN AS THE COLORADO STATE OFFICIALS' COMPENSATION COMMISSION CONSISTING OF NINE MEMBERS, WHO SHALL BE 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.

(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.

(c)  THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR.

(d)  TWO MEMBERS SHALL BE APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT.

(2)  THE COMMISSION MEMBERS APPOINTED BY THE GOVERNOR AND THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE SELECTED WITH SPECIAL REFERENCE TO THEIR KNOWLEDGE OF COMPENSATION PRACTICES AND FINANCIAL MATTERS GENERALLY. IN ADDITION, THE FOLLOWING PERSONS ARE PROHIBITED FROM BEING APPOINTED TO THE COMMISSION BY THE GOVERNOR OR CHIEF JUSTICE:

(a)  PUBLIC EMPLOYEES;

(b)  STATE OR LOCAL OFFICIALS;

(c)  CANDIDATES FOR ELECTED POLITICAL OFFICE DURING THE TWELVE MONTHS PRIOR TO THE CANDIDATES' APPOINTMENT;

(d)  PROFESSIONAL LOBBYISTS THAT HAVE REGISTERED WITH THE SECRETARY OF STATE PURSUANT TO SECTION 24­6­303, COLORADO REVISED STATUTES; AND

(e)  A MEMBER OF THE IMMEDIATE FAMILY OF SUCH PUBLIC EMPLOYEES, STATE OR LOCAL OFFICIALS, CANDIDATES, OR PROFESSIONAL LOBBYISTS. FOR PURPOSES OF THIS SUBSECTION (2), "MEMBER OF THE IMMEDIATE FAMILY" MEANS THE PARENTS, SPOUSE, SIBLINGS, CHILDREN OR DEPENDENT CHILDREN OF THE PUBLIC EMPLOYEE, STATE OR LOCAL OFFICIAL, CANDIDATE, OR PROFESSIONAL LOBBYIST, WHETHER OR NOT LIVING IN THE HOUSEHOLD OF SUCH PUBLIC EMPLOYEE, STATE OR LOCAL OFFICIAL, CANDIDATE, OR PROFESSIONAL LOBBYIST.

(3) (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.

(b)  TWO COMMISSION MEMBERS INITIALLY APPOINTED BY THE GOVERNOR SHALL SERVE FOR TERMS OF TWO YEARS, AND ONE SHALL SERVE FOR A TERM OF FOUR YEARS. SUBSEQUENT APPOINTMENTS SHALL BE FOR TERMS OF FOUR YEARS.

(c)  ONE COMMISSION MEMBER INITIALLY APPOINTED BY THE CHIEF JUSTICE SHALL SERVE FOR A TERM OF TWO YEARS, AND ONE SHALL SERVE FOR A TERM OF FOUR YEARS. SUBSEQUENT APPOINTMENTS SHALL BE FOR TERMS OF FOUR YEARS.

(4)  THE GOVERNOR SHALL CALL THE FIRST MEETING OF THE COMMISSION FOR THE PURPOSE OF ORGANIZATION. AT THIS MEETING, THE COMMISSION SHALL SELECT FROM ITS MEMBERSHIP A CHAIR, A VICE­CHAIR, AND A SECRETARY TO SERVE FOR TERMS OF TWO YEARS.

(5)  ANY MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR REAPPOINTMENT TO NOT MORE THAN ONE ADDITIONAL TERM OF FOUR YEARS.

(6)  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.

(7)  COMMISSION MEMBERS SHALL SERVE WITHOUT COMPENSATION; EXCEPT THAT THEY SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES IN CARRYING OUT THEIR DUTIES UNDER THIS ARTICLE.

Section 4.  Commission duties and responsibilities. (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 ARTICLE. 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 AND THE SCOPE OF AUTHORITY OF THE ENTITY IN WHICH THE STATE OFFICIAL SERVES;

(b)  THE RELATIVE LEVEL OF DIFFICULTY IN PERFORMING THE DUTIES OF EACH STATE OFFICIAL;

(c)  THE AMOUNT OF TIME DIRECTLY OR INDIRECTLY RELATED TO THE PERFORMANCE OF THE DUTIES, FUNCTIONS, AND SERVICES OF A STATE OFFICIAL; AND

(d)  THE CURRENT LEVEL OF COMPENSATION FOR COMPARABLE EMPLOYMENT IN OTHER PLACES OF PUBLIC AND PRIVATE EMPLOYMENT IN COMPETITIVE LABOR MARKETS, RECOGNIZING, HOWEVER, THAT STATE OFFICIALS DO NOT RECEIVE, AND DO NOT EXPECT TO RECEIVE, COMPENSATION AT THE SAME LEVELS AS INDIVIDUALS IN THE PRIVATE SECTOR WITH COMPARABLE EXPERIENCE AND RESPONSIBILITIES.

(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 SIXTY­THIRD GENERAL ASSEMBLY IN 2002 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.

Section 5.  Effect of report ­ modification of compensation. (1)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY MODIFICATION IN THE COMPENSATION OF A STATE OFFICIAL SPECIFIED IN A REPORT SUBMITTED PURSUANT TO SECTION 4 OF THIS ARTICLE 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 STATE OFFICIAL SPECIFIED IN A REPORT SUBMITTED PURSUANT TO SECTION 4 OF THIS ARTICLE SHALL TAKE EFFECT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE COMMENCING JULY 1 OF THE YEAR IN WHICH SUCH REPORT WAS SUBMITTED.

Section 6.  Staff assistance.  IN CARRYING OUT ITS DUTIES UNDER THIS ARTICLE, THE COMMISSION MAY REQUEST STAFF ASSISTANCE FROM THE LEGISLATIVE COUNCIL, THE JOINT BUDGET COMMITTEE, THE OFFICE OF STATE PLANNING AND BUDGETING, THE DEPARTMENT OF PERSONNEL, THE STATE COURT ADMINISTRATOR, OR ANY DEPARTMENT CAPABLE OF PROVIDING INFORMATION OR ASSISTANCE TO THE COMMISSION. THE LEGISLATIVE COUNCIL SHALL PROVIDE NECESSARY SECRETARIAL AND CLERICAL ASSISTANCE.

Section 7.  Article self­executing.  THIS ARTICLE SHALL BE IN ALL RESPECTS SELF­EXECUTING; EXCEPT THAT THE GENERAL ASSEMBLY MAY BY LAW PROVIDE FOR ITS MORE EFFECTIVE IMPLEMENTATION.

Section 19 of article IV of the constitution of the state of Colorado is amended to read:

Section 19.  Salaries of officers ­ fees paid into treasury.  The officers named in section one of this article shall receive for their services a salary to be established by law IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION, which shall not be increased or diminished during their official terms. It shall be the duty of all such officers to collect in advance all fees prescribed by law for services rendered by them severally, and pay the same into the state treasury.

Section 6 of article V of the constitution of the state of Colorado is amended to read:

Section 6.  Salary and expenses of members.  Each member of the general assembly shall receive such salary and expenses as are prescribed by law IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION. No general assembly shall fix its own salary. Members of the general assembly shall receive the same mileage rate permitted for travel as other state employees.

Section 18 of article VI of the constitution of the state of Colorado is amended to read:

Section 18.  Compensation and services.  Justices and judges of courts of record shall receive such compensation as may be provided by law IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION, which may be increased but may not be decreased during their term of office and shall receive such pension or retirement benefits as may be provided by law IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION. No justice or judge of a court of record shall accept designation or nomination for any public office other than judicial without first resigning from his judicial office, nor shall he hold at any other time any other public office during his term of office, nor hold office in any political party organization, nor contribute to or campaign for any political party or candidate for political office. No supreme court justice, judge of any intermediate appellate court, district court judge, probate judge, or juvenile judge shall engage in the practice of law. Justices, district judges, probate judges, and juvenile judges when called upon to do so, may serve in any state court with full authority as provided by law. Any county judge may serve in any other county court, or serve, as hereinafter may be authorized by law, in any other court, if possessing the qualifications prescribed by law for a judge of such county court, or other court, or as a municipal judge or police magistrate as provided by law, or in the case of home rule cities as provided by charter and ordinances.

Section 11of article XII of the constitution of the state of Colorado is amended to read:

Section 11.  Elected public officers ­ term ­ salary ­ vacancy.  No law shall extend the term of any elected public officer after his election or appointment nor, EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XXVIII OF THIS CONSTITUTION, shall the salary of any elected public officer be increased or decreased during the term of office for which he was elected. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLES IV, V, VI, AND XII OF, AND THE ADDITION OF A NEW ARTICLE TO, THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING COMPENSATION FOR STATE OFFICIALS, AND, IN CONNECTION THEREWITH, ESTABLISHING A COMMISSION TO STUDY ON A BIENNIAL BASIS THE COMPENSATION PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY, ELECTED OFFICIALS OF THE EXECUTIVE BRANCH, AND DESIGNATED JUDGES AND JUSTICES OF THE STATE JUDICIAL SYSTEM AND TO ISSUE A REPORT THAT MODIFIES OR LEAVES UNCHANGED SUCH COMPENSATION; PROVIDING THAT ANY MODIFICATION OF SUCH COMPENSATION EXPRESSED IN A REPORT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW UNLESS REJECTED IN ITS ENTIRETY BY JOINT RESOLUTION OF THE GENERAL ASSEMBLY; SPECIFYING WHEN SUCH MODIFICATION SHALL TAKE EFFECT; AND MAKING CONFORMING AMENDMENTS PERTAINING TO COMPENSATION FOR MEMBERS OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.