2013 Legal
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 The program is repealed on January 31, 2016, unless the director of the division sends notice to the revisor of statues that the program has proven effective through significant job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
HB13-1025Deductible Workers' Compensation Insurance SWALM / JAHN Current workers' compensation law allows employers a deductible of up to $5,000 in a workers' compensation policy. This bill increases the amount of the authorized deductible up to the amount of the workers' compensation insurance rate split point approved by the commissioner of insurance. 04/26/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1037Cost Of Providing Public Records Under CORA SALAZAR In determining the fee that a custodian of public records is authorized to impose under the "Colorado Open Records Act" (CORA) for the copying of a public record, the bill provides that the fee may not exceed the actual costs of providing the copy in accordance with existing law as well as an amount representing any additional actual costs necessarily incurred by the custodian in complying with the request as long as any such additional component of the fee is a nominal amount. In connection with any such additional component of the fee as specified in the bill, the following additional requirements apply:
* A custodian is required to use the least expensive means available to him or her in responding to a request for copying of a public record under CORA;
* No copying fee imposed under CORA may reflect time spent by the custodian in determining whether the public record at issue is subject to inspection or copying under the act; and
* No fee imposed under CORA may reflect time spent by a public employee in responding to the request for inspection or copying of a public record if the public employee already receives an hourly wage or other form of compensation for responding to requests for inspection or copying under the act. 
01/30/2013 House Committee on Local Government Postpone Indefinitely
NOT ON CALENDARNo news items found
HB13-1041Procedures For Transmission Of Records Under CORA PETTERSEN / KEFALAS Upon request by a person seeking a copy of any public record for which a right to inspection exists under the "Colorado Open Records Act" (CORA), the records custodian must transmit a copy of the record by United States mail or by any other practicable means of delivery. No fees related to transmission may be charged to the record requester for transmitting public records via electronic mail. The custodian shall notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian receives payment for postage if the copy is transmitted by United States mail, or payment for the cost of delivery if the copy is transmitted other than by United States mail, and payment for any other supplies used in the mailing, delivery, or transmission of the record and for all other costs associated with producing the record. Upon receiving such payment, the custodian shall send the record to the requester as soon as practicable but no more than 3 business days after receipt of such payment. 03/08/2013 Governor Action - Signed
NOT ON CALENDARColorado open-records change heads to Gov. Hickenlooper
HB13-1043Modify Definition Of Deadly Weapon FOOTE Under current law, for the purposes of criminal law, a deadly weapon is defined as a firearm, whether loaded or unloaded; a knife; a bludgeon; or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used is capable of producing death or serious bodily injury. The bill modifies this definition so that a firearm, whether loaded or unloaded, qualifies as a deadly weapon regardless of the manner in which it is used or intended to be used. 03/15/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1048Deadly Force Against Intruder At A Business EVERETT / GRANTHAM The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses. 02/04/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB13-1090Construction Contractor Subcontractor Prompt Pay FISCHER / TOCHTROP The bill sets the following requirements for both private and public construction contracts:
* The owner and contractor must make regular progress payments approximately every 30 days to contractors and subcontractors for work actually performed.
* To receive the progress payments, the contractor and subcontractor must submit a progress payment invoice plus any required documents.
* A contractor must pass on the progress payment to the subcontractor within 5 days or by the end of the billing cycle.
* Interest accrues on unpaid progress payments.
* A contract may extend a billing cycle to 60 days, but the contract must duly warn of this.
* An owner or contractor may only retain 5% of each progress payment to ensure work is done properly.
* If a subcontractor's work is done before the whole project is done, the subcontractor may apply to be paid the retained 5%. The owner and contractor must pay the retainage if the work is done correctly and the subcontractor gives waivers and the proper documents.
* A person who retains from a payment must give the contractor or subcontractor a chance to cure the default.
* The owner and contractor must pay for changes made to the contract. If they cannot agree on the price, the person doing the work may bill monthly at cost plus 15% or terminate performance.
* A contractor or subcontractor is authorized to suspend performance after 15 days notice if the owner or contractor fails to make progress payments.
* After suspending performance, the contractor or subcontractor is obliged to resume work after being paid for the work and reasonable costs and interest.
* A contractor or subcontractor may not suspend performance if the failure to make a payment is due to a failure of the contractor or subcontractor or a dispute about the construction. The bill voids any provision in a construction contract that does not comply with these requirements. 
02/28/2013 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely
NOT ON CALENDARNo news items found
HB13-1104Mental Hlth Profl Oral Disclosure Peer Assist KRAFT-THARP / NEWELL Current law requires all mental health professionals to disclose specified information to clients during the initial client contact both orally and in writing. Section 1 of the bill eliminates the requirement that mental health professionals disclose the required information orally. Current law also requires mental health professionals, upon initial application or renewal of a license, certification, or registration, to pay a fee to fund the costs of the mental health professional peer health assistance program, the purpose of which is to provide assistance to a professional needing help in dealing with a physical, emotional, or psychological condition that may impact his or her ability to practice his or her mental health profession. Section 2 of the bill modifies the program as follows:
* Requires the director of the division of professions and occupations (director) to annually review the fee amount and adjust the fee as necessary to reflect program usage, but not to exceed $25;
* Requires a designated provider that is chosen to provide the program to take into consideration, when referring a mental health professional for treatment, the cost of the treatment and whether it poses a financial hardship on the professional, and, if so, requires the designated provider to consider alternative treatment or referral to a treatment program that offers a sliding-scale fee;
* Precludes the director from selecting a designated provider until each mental health board has provided input, and further precludes the selection of a designated provider until the boards and director obtain input from mental health professionals; and
* Requires a designated provider to notify the applicable board when a mental health professional successfully completes the program, and requires the board to reinstate the professional's license, registration, or certification upon successful completion of the program. 
03/29/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
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
HB13-1147Voter Registration At Public Higher Ed Institution MELTON / NEWELL The bill requires a state institution of higher education (institution) to provide its students, when a student registers at the institution for the first time, the opportunity to apply for voter registration as follows:
* For a student who is registering electronically at the institution and who is eligible to register to vote on-line, the institution must give him or her the option of registering electronically using the web site maintained by the secretary of state.
* For any student registering at the institution in person or any student ineligible to register to vote electronically, the institution must provide him or her a voter registration application. After the student completes the application, an authorized employee of the institution must forward the application to the county clerk and recorder for the county in which the student resides. The county clerk and recorder determines whether the application is complete. If so, the applicant is deemed registered. If not, the clerk and recorder must so notify the applicant. The higher education commission and the secretary of state are directed to jointly develop a voter registration application for in-person voter registration applications. 
04/18/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
HB13-1227Income Protection Act SINGER / ULIBARRI The bill creates the crime of wage theft for failing to pay wages or compensation to an employee or falsely denying the amount of wages or compensation due. Each failure to pay or false denial of wages or compensation due to each employee in each calendar month is a separate violation. It is an affirmative defense if a person is unable to pay the wages or compensation. The bill incorporates the definitions of "employee" and "wages or compensation" from other statutes pertaining to wages. For purposes of duties, obligations, and liabilities related to the payment of wages, the bill:
* Expands the definition of "employer" to include an officer, owner, or agent who actively asserts substantial control over the management or financial affairs of an entity employing persons in Colorado;
* Clarifies that all employers are jointly and severally liable for the payment of wages;
* Requires an employer to maintain records reflecting information in an employee's pay statement for at least 3 years after payment of the wages and to make the records available to the employee and the division of labor in the department of labor and employment (division); and
* Requires an employer to mail a check for wages to the employee's last-known address within 60 days after the check was due if an employer is unable to otherwise deliver the check to the employee. Under current law, in an action for unpaid wages, an employee is required to make a written demand on his or her employer to recover penalties. The bill removes this requirement for actions brought in small claims court. The bill reduces the penalties for failing to pay wages by 50% if the employer makes legal tender to the employee of the amount that the employer believes in good faith is due the employee. The bill authorizes the director of the division (director) to establish an administrative procedure to adjudicate wage claims. For wage claims filed with the division for less than $7,500, the bill establishes procedures for the division to adjudicate the claim and issue citations and notices of assessments for the amounts due. The procedures include the ability to appeal a determination of the division to a hearing officer and ultimately to the Colorado court of appeals. Current law provides that fines collected by the division are deposited in the general fund. The bill provides that the fines are deposited in a new wage theft enforcement fund. The bill specifies that, in any action for payment of wages or compensation, a court is to award a successful employee the employee's reasonable attorney fees and court costs. 
03/19/2013 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely
NOT ON CALENDARNo news items found
SB13-001Colorado Working Families Economic Opportunity Act KEFALAS / KAGAN Section 2 of the bill modifies the existing child care expenses income tax credit by:
* Allowing a taxpayer who is eligible for, but does not claim, the federal child care expenses income tax credit to claim the state credit;
* Basing the amount of the state credit on the eligible federal credit as opposed to the actual federal credit claimed; and
* Allowing the credit to be claimed for expenses related to caring for a dependent of the taxpayer who is physically or mentally incapable of caring for himself or herself and who lives with the taxpayer. Section 3 of the bill creates a child tax credit against state income taxes for a resident individual who is eligible to claim the federal child tax credit. The amount of this credit is $100 for each qualifying child who is 5 years of age or under at the end of the taxable year for which the credit is claimed. This credit is refundable. The Colorado earned income tax credit, which is 10% of the federal earned income tax credit, is a refund mechanism under the taxpayer's bill of rights (TABOR). So, it only applies if the state revenues are in excess of the constitutional limitation on state fiscal year spending. Section 4 of the bill removes this contingency so that an eligible taxpayer may claim the Colorado earned income tax credit for any tax year beginning in 2013. 
06/05/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-023Increase Damages Caps Under CGIA CADMAN Currently, the "Colorado Governmental Immunity Act" (act) sets as a maximum amount that may be recovered by a person suing a public entity or public employee for loss or injury caused by the entity or employee in any single occurrence, whether from one or more public entities and public employees:
* For any injury to one person in any single occurrence, the sum of $150,000; and
* For an injury to 2 or more persons in any single occurrence, the sum of $600,000, and, in such circumstances, the act prohibits any single person from recovering in excess of $150,000. To ensure these limitations on damages reflect the effects of inflation since the specific limitations were last increased by the general assembly, the bill increases the damages limitation for any injury to one person in any single occurrence to $478,000. For an injury to 2 or more persons in any single occurrence, the bill increases the damages limitation to $990,000 and further specifies that, in such circumstances, a single person is precluded from recovering in excess of $478,000. The bill further provides that the increased damages amounts are:
* Exclusive of interest awarded; and
* Adjusted for inflation every 4 years. The bill requires the attorney general to make this required adjustment on an every 4-year basis commencing January 1, 2018, to certify the amount of the adjustment, and to publish the amount of the adjustment on the attorney general's web site. 
04/19/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-044Prepaid Inpatient Health Plan Incentives NICHOLSON / CORAM The bill changes the time when a quality incentive payment is made under a prepaid inpatient health plan agreement from within 6 months to within a reasonable period of time. 03/22/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-052Transit-oriented Development Claims SCHEFFEL / DELGROSSO With respect to construction defect actions involving transit-oriented development, the bill makes the following changes to the law:
* Section 1 creates the "Transit-oriented Development Claims Act of 2013".
* Section 2 institutes a right to repair for construction professionals that receive a notice of claim with respect to a construction defect in a transit-oriented development.
* Section 3 institutes a binding arbitration requirement for claims against construction professionals with respect to transit-oriented development. This section also makes construction professionals immune to suit for environmental conditions including noise, odors, light, temperatures, humidity, vibrations, and smoke or fumes causally related to transit, commercial, public, or retail use. With respect to construction defect actions in general:
* Section 4 clarifies the statute of repose for the 6-year statute of limitations for actions against architects, contractors, builders, builder vendors, engineers, or inspectors involved in improvements to real property. 
04/17/2013 Senate Committee on Judiciary Postpone Indefinitely
NOT ON CALENDARNo news items found
SB13-054Underage Person Alcohol Consumption Parent Consent BROPHY / PRIOLA Current law prohibits a person under 21 years of age (underage person) from possessing or consuming alcohol unless:
* The underage person is legally present on private property with the knowledge and consent of the property owner; and
* The parent or legal guardian of the underage person is present on the property and consents to the possession or consumption by the underage person. Additionally, an underage person may possess or consume alcohol for religious, educational, or medical purposes. The "Colorado Liquor Code" also prohibits a person from selling, serving, or delivering an alcohol beverage to an underage person. The bill permits a restaurant or other establishment licensed to sell alcohol for on-premises consumption to serve, and an underage person to consume on the licensed premises, an alcohol beverage if the underage person's parent or legal guardian who is at least 21 years of age purchases the alcohol beverage for the underage person and accompanies the underage person while he or she is consuming the alcohol beverage. If the licensed establishment reasonably relies on documentation or other representation of the parent or legal guardian relationship, and the person purchasing the alcohol beverages is not, in fact, the parent or legal guardian of the underage person, that reliance and alcohol beverage sale is not grounds for revocation or suspension of the establishment's liquor license. 
01/30/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB13-055PERA Actuarial Soundness & Reporting Requirements LAMBERT / SAINE For the public employees' retirement association (PERA), current law specifies that a maximum amortization period of 30 years is deemed actuarially sound. The bill specifies that this assumes a discount rate equal to the state's long-term debt interest rate. The bill modifies the circumstances in which employer or member contribution rates are adjusted, requiring the general assembly to adjust employer or member contribution rates as necessary to maintain each PERA division trust fund as actuarially sound. The bill requires the PERA board to annually submit recommendations to the general assembly regarding methods to respond to decreases in asset values, to decrease amortization periods, and to ensure full funding. An annual public comprehensive financial report is also required. 02/04/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB13-116Psychologists Evaluate Defendant's Mental State ULIBARRI / LEE Current law authorizes psychiatrists to perform evaluations to determine a criminal defendant's sanity or impaired mental condition. The bill authorizes certain licensed psychologists who have additional certifications in forensic psychology to perform such evaluations. 04/08/2013 Governor Action - Signed
NOT ON CALENDARNo news items found
SB13-129Modification Of Audit Requirements TOCHTROP / WILLIAMS Legislative Audit Committee. The bill modifies certain statutory requirements directing the office of the state auditor (OSA) to review compliance with statutory obligations as follows:
* Under current law, at least every 4 years the general assembly is required to provide for a performance review by the state auditor of the administrative law judges in the office of administrative courts who hear cases relating to workers' compensation matters. The bill eliminates this required schedule and permits such audits to be undertaken by the state auditor at his or her discretion.
* The bill changes the cycle for regular audits by the OSA of the Colorado travel and tourism promotion fund and related activities of the Colorado tourism office from every 2 years to every 5 years.
* In connection with the existing program allowing a state employee to submit an innovative idea for cost savings improvements for which the employee may receive a monetary award, the bill modifies existing requirements to require the OSA to review and verify the application only where the executive director of the applicable state agency has made a determination that the savings realized for the first 12 months of full implementation of the innovative idea equal $10,000 or more.
* Beginning in 2007, under the "Secure and Verifiable Identity Document Act" (act), the state auditor is required to submit to the governor, members of the legislative audit committee of the general assembly, and members of the state, veterans, and military affairs committees of the senate and the house of representatives an annual executive summary of state agency and institution compliance with the requirements of the act based upon audits conducted during the year. The bill eliminates the requirement that this annual summary be prepared.
* The bill changes the cycle for regular audits by the OSA of the Colorado auto theft prevention cash fund from every 2 years to every 5 years. 
05/25/2013 Governor action - signed
NOT ON CALENDARNo news items found
SB13-140No Federal Laws Concerning Colorado Firearms MARBLE / SAINE An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado. A statute, rule, or regulation of the United States government that becomes effective on or after January 1, 2013, shall be unenforceable within the borders of Colorado if the statute, rule, or regulation purports to:
* Ban or restrict ownership of a semi-automatic firearm or ammunition magazine;
* Require any firearm, ammunition magazine, or firearm accessory to be registered in any manner;
* Restrict a Colorado resident from purchasing any firearm from a licensed firearms dealer or a private seller in another state; or
* Restrict a resident from another state who visits Colorado from purchasing or possessing any firearm. The attorney general may defend a resident of Colorado who is prosecuted by the United States government for a violation of federal law relating to the manufacture, transfer, or possession of a firearm, an ammunition magazine, ammunition, or a firearm accessory if the firearm, ammunition magazine, ammunition, or firearm accessory at issue:
* Was manufactured commercially or privately within Colorado or purchased from any licensed firearms dealer or private party in Colorado or in another state; and
* Remained exclusively within the borders of Colorado. An employee or agent of the United States government who enforces or attempts to enforce a statute, rule, regulation, order, action, or act of the United States government commits a class 1 misdemeanor if the statute, rule, or regulation relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado. 
04/01/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARColorado GOP bill would nullify possible federal gun limits