Colorado § 24-9-106 - Independent state elected official pay commission - creation - report - definitions.

§ 24-9-106. Independent state elected official pay commission - creation - report - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Commission" means the independent state elected official pay commission created in subsection (2) of this section.

(b) "State elected official" means a state officer or a member of the general assembly.

(c) "State officer" means the governor, the lieutenant governor, the attorney general, the secretary of state, or the state treasurer.

(2) The independent state elected official pay commission is created. The commission shall set compensation for state elected officials. The commission shall meet beginning in 2025 and shall meet every four years thereafter.

(3) (a) The commission consists of nine appointed members. Subject to the provisions set forth in subsection (3)(b) of this section, the members are appointed as follows:

(I) The governor shall appoint three members as follows:

(A) One member with expertise in personnel management and human resources;

(B) One member with expertise in agricultural leadership; and

(C) One member with local government experience;

(II) The president of the senate shall appoint two members, one member with expertise in large business and one member with expertise in organized labor;

(III) The speaker of the house shall appoint two members, one member with expertise in small business and one member who is part of a minority chamber of commerce or business leadership organization;

(IV) The minority leader of the senate shall appoint a member who has expertise with salary surveys and total compensation analysis; and

(V) The minority leader of the house of representatives shall appoint a member who has large nonprofit leadership experience.

(b) The appointment of members must be in accordance with the following requirements:

(I) A member must be a registered elector;

(II) A member must not be a current or former state official, a current or former member of the general assembly, the spouse of a current state official or member of the general assembly, or a candidate to be a state elected official;

(III) A member must not be a registered lobbyist or a person who has lobbied as a registered lobbyist in the eight years immediately preceding the appointment date for the member; and

(IV) At any time, no more than four members may be from the same political party and no more than two members may be from the same congressional district of the state.

(c) The president of the senate shall designate one of the members that the president of the senate appoints to serve as the chairperson of the commission and the speaker of the house shall designate one of the members that the speaker of the house appoints to serve as the vice-chairperson of the commission.

(d) (I) The initial commission members shall be appointed on or before July 31, 2025, and shall serve until the submission of the report required by subsection (5)(a) of this section.

(II) Subsequent commission members shall be appointed on or before July 31 of each year in which the commission meets and shall serve until the submission of that commission's report.

(III) Each commission expires upon submission of the commission's report.

(4) (a) The chairperson and vice-chairperson of the initial commission shall convene the first meeting of the commission no later than September 1, 2025, and the commission shall meet as many times as necessary thereafter before submitting the report required by subsection (5)(a) of this section.

(b) After the initial commission expires, the chairperson and vice-chairperson of subsequent commissions shall convene the first meeting of a commission no later than September 1 of each year in which the commission meets, and such commissions shall meet as many times as necessary thereafter before submitting the report required by subsection (5)(a) of this section.

(5) (a) On or before December 15, 2025, the initial commission, and on or before December 15 of each year thereafter in which the commission meets, subsequent commissions shall submit a report to the office of state planning and budgeting created in section 24-37-102, to the joint budget committee of the general assembly, to the president of the senate, to the speaker of the house of representatives, and to the director of research of the legislative council appointed pursuant to section 2-3-304 (1) that sets forth the commission's recommendations for annual salaries and allowances for each state official and for members of the general assembly.

(b) Except as otherwise provided in subsection (5)(c) of this section, the salaries and allowances recommended in the report due on or before December 15, 2025, take effect on January 1, 2027, and the salaries and allowances recommended in subsequent reports take effect on January 1 of the first year of each subsequent four-year gubernatorial term if the general assembly makes an appropriation to pay the recommended salaries and allowances during the legislative session immediately preceding such year.

(c) Before the effective date of the recommended salaries and allowances, the general assembly may modify or reject the recommendations.

(6) (a) Any report submitted by the commission, as required by subsection (5) of this section, must include recommendations regarding:

(I) The amount of the annual base compensation for members of the general assembly as allowed by section 2-2-307 (1)(b);

(II) The amount of additional compensation that members of the general assembly are allowed for necessary attendance at meetings or functions or to legislative matters pursuant to section 2-2-307 (3)(a);

(III) The amount of the annual salaries for state officials allowed pursuant to section 24-9-101; and

(IV) The sum per day allowed as expenses to the president of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives while for any reason acting as governor pursuant to section 24-9-101 (1)(c).

(b) In making the recommendations required by subsection (6)(a) of this section, the commission shall consider the amount of compensation paid in government service and in the private sector to persons with similar qualifications, the amount of compensation needed to attract and retain experienced and competent persons, and the ability of the state to pay the recommended compensation.

(7) On or after January 1, 2028, but before January 1, 2029, and before January 1 of each year thereafter, except for the year in which the recommendations of a commission take effect pursuant to this section, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of compensation set by the commission in accordance with the percentage change since the immediately preceding January 1, in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly.

(8) The annual salary of a state elected official whose term begins on or after the date the salaries go into effect pursuant to subsection (5)(b) of this section or adjusted pursuant to subsection (7) of this section must be as set by the commission, except if modified or rejected by the general assembly and then as set by the general assembly, or as adjusted by the director of research.

(9) (a) The department of personnel created in section 24-50-102 (1) shall provide staff services as necessary to implement this section.

(b) Members of the commission serve without compensation but receive reimbursement for reasonable travel expenses to attend meetings of the commission.

Source: L. 2024: Entire section added, (HB 24-1059), ch. 377, p. 2553, § 3, effective August 7.

Cross references: For the legislative declaration in HB 24-1059, see section 1 of chapter 377, Session Laws of Colorado 2024.

24-9.5 ARTICLE 9.5

Recall of State Officers

24-9.5-101 to 24-9.5-109. (Repealed)

Source: L. 92: Entire article repealed, p. 924, § 198, effective January 1, 1993.

Editor's note: (1) This article was added in 1979. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

(2) Provisions relating to recall of state officers are now located in article 12 of title 1.

ARTICLE 10

Governmental Immunity

24-10-101. Short title.

24-10-102. Declaration of policy.

24-10-103. Definitions.

24-10-104. Waiver of sovereign immunity.

24-10-105. Prior waiver of immunity - effect - indirect claims not separate.

24-10-106. Immunity and partial waiver.

24-10-106.1. Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012.

24-10-106.3. Immunity and partial waiver - claims for serious bodily injury or death on public school property or at school-sponsored events resulting from incidents of school violence - short title - definitions.

24-10-106.5. Duty of care.

24-10-107. Determination of liability.

24-10-108. Sovereign immunity a bar.

24-10-109. Notice required - contents - to whom given - limitations.

24-10-110. Defense of public employees - payment of judgments or settlements against public employees.

24-10-111. Judgment against public entity or public employee - effect.

24-10-112. Compromise of claims - settlement of actions.

24-10-113. Payment of judgments.

24-10-113.5. Attorney general to notify general assembly.

24-10-114. Limitations on judgments - recommendation to general assembly - authorization of additional payment - lower north fork wildfire claims.

24-10-114.5. Limitation on attorney fees in class action litigation.

24-10-115. Authority for public entities other than the state to obtain insurance.

24-10-115.5. Authority for public entities to pool insurance coverage.

24-10-116. State required to obtain insurance.

24-10-117. Execution and attachment not to issue.

24-10-118. Actions against public employees - requirements and limitations.

24-10-119. Applicability of article to claims under federal law.

24-10-120. Severability.