2013 Human Resources
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB13-1004Colorado Careers Act Of 2013 DURAN / KERR Section 2. The bill establishes the career pathways program (program) in the division of employment and training (division) in the department of labor and employment. The program provides grants to eligible entities to enable individuals to acquire skills necessary to obtain or improve their employability. The bill establishes a career pathways fund and directs the division to submit an annual report to specified committees of the general assembly. The program is repealed on January 31, 2016, unless the director of the division sends notice to the revisor of statues that the program has proven effective through significant job placement. Section 3. Current law authorizes enhanced unemployment insurance benefits to a claimant who is engaged in an approved training program. The bill expands the definition of "approved training program" to include an approved workforce training program provided by a nonprofit entity. Section 4. Current law requires the department of higher education (department) to produce a report on workforce needs and credential production. The bill includes local workforce investment boards in the description of entities with whom the department should consult to prepare the report. Section 4 also requires the department to produce a report on the employment status of persons who have graduated from Colorado public institutions of higher education within each of the previous 5 years. Section 5. The bill requires the office of economic development to prepare a report on workforce needs to attract, develop, and retain businesses in Colorado and to forward the report to specified departments and committees of the general assembly. 05/28/2013 Governor Action - Signed
Wednesday, May 8 2013
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE
(3) in house calendar.  
No news items found
HB13-1008Preference In Hiring For Disabled Veteran's Spouse RYDEN The state constitution currently contains a veterans' preference in state hiring (preference). If a numerical method is used for the comparative analysis of candidates, an applicant entitled to preference will have a specified number of points added to his or her score. If a nonnumerical method is used, an applicant entitled to preference will be added to the interview eligible list. The surviving spouse of a veteran who would have been entitled to preference is also eligible for preference. The bill extends the veterans' preference to the spouse of a veteran who is eligible for preference but has a military service-connected disability and is unable to work. If a numerical method is used for the comparative analysis of candidates, 5 points shall be added to the comparative analysis score of the candidate. If a nonnumerical method is used the candidate is added to the interview eligible list. In keeping with the constitutional provisions regarding preference, a candidate is not eligible to receive preference with respect to a promotional opportunity. 03/08/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1040PERA Highest Average Salary PRIOLA Current law averages the 3 highest annual salaries of a member of the public employees' retirement association (PERA) when calculating that member's retirement benefit amount. The bill increases the number of highest annual salaries used from 3 to 7 for anyone who was not a member, inactive member, or retiree of PERA as of December 31, 2013. 02/06/2013 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
HB13-1054Lessen Unempl Ins Benefit Reduction Retirement MELTON / TOCHTROP Under current law, if an unemployment claimant withdraws any amount from a retirement plan contributed to by an employer, the amount of the claimant's full balance in the plan is used to determine the length of time the claimant will not be eligible to receive unemployment insurance benefits, delaying benefits for individuals otherwise entitled to benefits because of job separation. The bill clarifies that only the amount withdrawn from the retirement plan by the claimant, and not the total balance in the plan, is considered in determining the length of time the claimant is not eligible to receive benefits. 04/04/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1098Colorado Mandatory E-verify Act SWALM / HARVEY Current law requires employers in Colorado to examine the legal work status of newly hired employees, within 20 days after hiring, using paper-based forms of identification. The bill will instead require all employers, upon hiring a new employee on or after January 1, 2014, to participate in the federal electronic verification program (e-verify program) to determine the work eligibility status of newly hired employees. Employers must retain a written or electronic copy of the employment eligibility information received through the e-verify program regarding each newly hired employee, and the director of the division of labor in the department of labor and employment (department) may review employers' documentation and conduct random audits of employers to ensure compliance. An employer is subject to a fine of up to $5,000 for a first offense and up to $25,000 for a second offense if the employer, with reckless disregard:
* Fails to submit the required documentation to the director;
* Submits false or fraudulent documentation; or
* Fails to participate in the e-verify program. For any subsequent offense, the employer is subject to a fine of up to $25,000 and a suspension of all the employer's business licenses for up to 6 months. The bill also requires the department, as part of its quarterly electronic publication to all employers in the state, to notify employers of the requirements of the bill and to include a link to its web site, on which a permanent notice must be posted detailing the requirements of the bill and instructions for enrolling in the e-verify program. The secretary of state's web site must also include information regarding the requirements of the bill and the penalties for noncompliance. The bill takes effect January 1, 2014. 
02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB13-1106Prohibit Discrimination Labor Union Participation EVERETT The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void. The bill creates civil and criminal penalties for violations and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. 02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARHigher ed funding boost defeated
HB13-1107Prohibit Collective Bargaining Public Employees EVERETT / HARVEY Employee organizations are currently authorized, through a 2007 executive order, to become the exclusive representative of the state employees in any occupational group or other categorization of state employees (state employees). Employee organizations are also authorized to form partnership agreements with state employees to provide the framework for discussing issues of mutual concern to state employees and the state as an employer. The bill prohibits:
* The director of the division of labor from accepting a petition from an employee organization to become the exclusive employee representative of state employees, certifying any employee organization as the exclusive representative of state employees, or acting as the agent of any employee organization;
* Any representative of the executive branch of state government from negotiating with an employee organization to create an employee partnership agreement;
* A political subdivision from accepting a petition from an employee organization to become the exclusive employee representative of political subdivision employees, certifying any employee organization as the exclusive representative of political subdivision employees, or acting as the agent of any employee organization;
* A political subdivision from negotiating with an employee organization to create a labor agreement;
* Employee organizations, state employees, representatives of state government, political subdivision employees, and representatives of political subdivisions from collective bargaining. The bill terminates any partnership agreement that is currently in effect and that was formed pursuant to executive order D 028 07. The bill also terminates any labor contract or labor agreement that is in effect between an employee organization and the state and between an employee organization and a political subdivision. A political subdivision includes a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law. 
02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARHigher ed funding boost defeated
HB13-1136Job Protection Civil Rights Enforcement Act 2013 LEVY / CARROLL Current law does not permit an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a complaint before the Colorado civil rights commission (commission) or in a lawsuit alleging a discriminatory or unfair employment practice under state law, even in cases of intentional discrimination. While federal employment antidiscrimination laws allow such damages in cases where intentional discrimination is found, and allows an award of reasonable attorney fees and costs, only employers who employ 15 or more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages and cannot recover reasonable attorney fees and costs when they prove a case of intentional employment discrimination. Additionally, current law precludes a claim of age discrimination by persons 70 years of age or older. Section 1 of the bill establishes the "Job Protection and Civil Rights Enforcement Act of 2013", which would allow the additional remedies of compensatory and punitive damages in employment discrimination cases brought under state law against employers where intentional discrimination is proven. These damages would be in addition to the remedies allowed under current law, namely, front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief that may be awarded. Compensatory damages are to compensate a plaintiff for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. If the plaintiff shows by a preponderance of the evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff, the plaintiff may recover punitive damages. The bill limits the amount of compensatory and punitive damages to the amounts specified in the federal "Civil Rights Act of 1991" and directs the commission or court to consider the size and assets of the defendant and the egregiousness of the intentional discriminatory or unfair employment practice when determining the amount of damages to award the victim. When a plaintiff claims compensatory or punitive damages in a civil lawsuit, either party to the action is entitled to demand a jury trial. Additionally, the court may award the prevailing plaintiff reasonable attorney fees and costs and, if the court finds that the action was frivolous, groundless, or vexatious, the court may award attorney fees and costs to the defendant. Section 2 of the bill removes the maximum age limit for purposes of age discrimination claims, thereby permitting persons 70 years of age or older to pursue a claim based on age discrimination. Section 3 of the bill authorizes the commission to appoint a working group of employers and employees to assist in education and outreach efforts to foster compliance with laws prohibiting discriminatory or unfair employment practices. The remedies available under the bill would apply to causes of action alleging discriminatory or unfair employment practices accruing on or after January 1, 2015. 05/06/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1222Family Care Act Family Medical Leave Eligibility PENISTON / ULIBARRI Under the federal "Family and Medical Leave Act" (FMLA), an employee is entitled to 12 workweeks of leave during a 12-month period to care for a spouse, child, or parent of the employee who has a serious health condition. In the case of a parent using FMLA leave to care for a child, the FMLA permits the leave only for the parent of a child who is under 18 years of age or is incapable of self-care because of a mental or physical disability. Current Colorado law is silent with regard to required family and medical leave, so Colorado employees are entitled to leave as specified in the FMLA. The bill expands the group of family members for whom employees in Colorado may take FMLA leave when the family member has a serious health condition to include a person to whom the employee is related by blood, adoption, legal custody, marriage, or civil union or with whom the employee resides and is in a committed relationship. As a result, an employee is permitted to use FMLA leave for a child, regardless of the age or dependency of the child, as well as for a sibling, partner in a civil union, grandparent, grandchild, or in-law. An employee who is denied leave to care for a person in the expanded group of family members has the right to recover damages or equitable relief, as is currently the case for persons denied leave to care for a family member for whom leave is permitted under the FMLA. 05/03/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-018Permissible Use Of Credit Information By Employers ULIBARRI / FISCHER The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer"). Specifically, the bill:
* Prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job;
* Requires an employer to disclose to an employee or applicant for employment (jointly referred to as "employee") when the employer uses the employee's consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
* Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
* Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information. 
04/19/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-024Prohibit Discrimination Labor Union Participation HILL The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void. The bill creates civil and criminal penalties for violatons and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. 01/23/2013 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
NOT ON CALENDARHigher ed funding boost defeated