HB24-1004 Ex-Offenders Practice in Regulated Occupations 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

In determining whether an applicant for a state-regulated occupation is qualified to be registered, certified, or licensed (regulator), the bill allows the regulator to consider an applicant's conviction for a criminal offense if the criminal offense is a violent felony or misdemeanor. If an offense is not violent but would otherwise disqualify a person from becoming registered, certified, or licensed, the regulator of each profession is not permitted to consider the person's criminal conviction for the offense after a 3-year period has passed.

The bill allows an individual to petition a regulator to determine whether a criminal conviction will preclude the person from becoming registered, certified, or licensed prior to that person completing any other requirements for such credentialing.

The bill places the burden of proof for denial of an applicant on the regulator to demonstrate that denial based on the applicant's criminal conviction directly connects to potential performance in the occupation or profession for which the applicant seeks credentialing.


(Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
2/15/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Amendments:

House Journal, February 16
15 HB24-1004 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, strike everything below the enacting clause and
20 substitute:
21
22 "SECTION 1. In Colorado Revised Statutes, add 12-20-206 as
23 follows:
24 12-20-206. Regulators - consideration of criminal records -
25 petition process - denials - definition. (1) AS USED IN THIS SECTION,
26 "DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH
27 THE APPLICANT HAS BEEN CONVICTED HAS A SPECIFIC ELEMENT THAT IS
28 STILL RELEVANT AT THE TIME OF THE INDIVIDUAL'S APPLICATION FOR A
29 REGISTRATION, CERTIFICATION, OR LICENSE, WHICH WOULD MAKE THE
30 INDIVIDUAL UNABLE TO SUCCESSFULLY PRACTICE THE PROFESSION OR
31 OCCUPATION IN WHICH THE INDIVIDUAL HAS APPLIED OR PETITIONED FOR
32 DETERMINATION OF QUALIFICATION.
33 (2) IF AN APPLICANT HAS A VALID CONVICTION FOR A CRIME, THE
34 REGULATOR MAY ONLY CONSIDER THE APPLICANT'S CONVICTION FOR A
35 THREE-YEAR PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END
36 OF INCARCERATION, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS
37 NOT BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE
38 THREE-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR
39 SHALL ONLY CONSIDER THE INDIVIDUAL'S APPLICATION FOR
40 REGISTRATION, CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS
41 AN APPLICANT WHO DOES NOT POSSESS A PRIOR CRIMINAL RECORD;
42 EXCEPT THAT THE REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME
43 THAT IS DIRECTLY RELATED TO THE PROFESSION OR OCCUPATION FOR
44 WHICH THE INDIVIDUAL HAS APPLIED FOR REGISTRATION, CERTIFICATION,
45 OR LICENSURE.
46 (3) (a) IF A REGULATOR IS CONSIDERING AN APPLICANT'S CRIMINAL
47 RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION,
48 CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE
49 TO RENEW THE REGISTRATION, CERTIFICATION, OR LICENSE IF THE
50 REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN
51 REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND
52 RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION.
53 (b) AN APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND
54 OF ITSELF, DISQUALIFY THE APPLICANT FROM BEING ISSUED A
55 REGISTRATION, CERTIFICATION, OR LICENSE.
56
1 (4) (a) AN INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE
2 INDIVIDUAL'S APPLICATION FOR REGISTRATION, CERTIFICATION, OR
3 LICENSURE MAY PETITION AT ANY TIME, INCLUDING WHILE INCARCERATED
4 OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS, FOR A
5 DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY
6 CONSIDER THE INDIVIDUAL'S CRIMINAL RECORD WHEN REVIEWING THE
7 INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR
8 LICENSE.
9 (b) AN INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE
10 IN THE PETITION:
11 (I) THE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR
12 THE REGULATOR TO OBTAIN THE INDIVIDUAL'S CRIMINAL RECORD; AND
13 (II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL'S
14 CURRENT CIRCUMSTANCES, INCLUDING THE TIME SINCE THE CRIMINAL
15 OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED, THE
16 PAYMENT OF ANY COURT-ORDERED RESTITUTION, EVIDENCE OF
17 REHABILITATION, TESTIMONIALS, EMPLOYMENT HISTORY, AND
18 EMPLOYMENT ASPIRATIONS.
19 (c) IF A REGULATOR DETERMINES THAT A PETITIONER'S
20 CONVICTION WILL LIKELY BE CONSIDERED, THE REGULATOR SHALL ADVISE
21 THE PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY
22 THE DISQUALIFICATION. IF REMEDIAL ACTION IS ADVISED BY THE
23 REGULATOR, THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR
24 BEFORE A DATE SET BY THE REGULATOR FOR COMPLETION OF THE
25 REMEDIAL ACTIONS.
26 (d) A REGULATOR WHO MAKES AN INITIAL DETERMINATION
27 PURSUANT TO THIS SUBSECTION (4) MAY REQUIRE A NEW DETERMINATION
28 AT THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION,
29 CERTIFICATION, OR LICENSURE.
30 (5) IN ORDER TO DENY AN APPLICATION FOR REGISTRATION,
31 CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION, A REGULATOR
32 BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
33 EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN
34 APPLICANT'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN THE
35 PARTICULAR OCCUPATION OR PROFESSION FOR WHICH THE APPLICANT IS
36 APPLYING FOR REGISTRATION, CERTIFICATION, OR LICENSURE.
37 (6) THIS SECTION DOES NOT:
38 (a) NEGATE ANY PROVISION FOR REGISTRATION, CERTIFICATION,
39 OR LICENSURE IN THIS TITLE 12 THAT REQUIRES AN APPLICANT TO SUBMIT
40 INFORMATION REGARDING THE APPLICANT'S CRIMINAL HISTORY TO A
41 REGULATOR WITH AN APPLICATION;
42 (b) NEGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR
43 WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION,
44 CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION;
45 (c) NEGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT
46 REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION,
47 CERTIFICATION, OR LICENSURE;
48 (d) NEGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT
49 BE CONSIDERED REGARDING AN APPLICANT'S CRIMINAL RECORD IN
50 SECTION 24-5-101 (2)(b); OR
51 (e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN
52 INDIVIDUAL WHO HAS A REGISTRATION, CERTIFICATION, OR LICENSE
53 PURSUANT TO THIS TITLE 12.
54 SECTION 2. In Colorado Revised Statutes, 12-20-202, amend
55 (5) as follows:
56
1 12-20-202. Licenses, certifications, and registrations - renewal
2 - reinstatement - fees - occupational credential portability program
3 - temporary authority for military spouses - exceptions for military
4 personnel - rules - consideration of criminal convictions or driver's
5 history - executive director authority - definitions. (5) Criminal
6 convictions. Unless there is a specific statutory disqualification that
7 prohibits an applicant from obtaining licensure, certification, or
8 registration based on a criminal conviction, if a regulator determines that
9 an applicant for licensure, certification, or registration has a criminal
10 record, the regulator is governed by section SECTIONS 12-20-206 AND
11 24-5-101 for purposes of granting or denying, or placing any conditions
12 on, licensure, certification, or registration.
13 SECTION 3. In Colorado Revised Statutes, 24-5-101, amend
14 (1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory
15 portion, (4) introductory portion, and (7) introductory portion as follows:
16 24-5-101. Effect of criminal conviction on employment rights
17 - fee - determination. (1) (a) Except as otherwise provided in subsection
18 (1)(b) of this section, the fact that a person has been convicted of a felony
19 or other offense involving moral turpitude shall not, in and of itself,
20 prevent the person from applying for and obtaining public employment
21 or from applying for and receiving a license, certification, permit, or
22 registration required by the laws of this state to follow any business,
23 occupation, or profession.
24 (2) (a) (I) Whenever any WHEN A state or local agency is required
25 to make a finding that an applicant for a license, certification, permit, or
26 registration is a person of good moral character as a condition to the
27 issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT, OR
28 REGISTRATION, or IS REQUIRED TO evaluate the impact of an applicant's
29 criminal record, the fact that such applicant has, at some time prior
30 thereto, been convicted of a felony or other offense, involving moral
31 turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION
32 TO pertinent circumstances connected with such THE conviction shall be
33 given consideration in determining whether in fact, the applicant is
34 qualified. The intent of this section is to expand employment
35 opportunities for persons who, notwithstanding that fact of conviction of
36 an offense, have been rehabilitated and are ready to accept the
37 responsibilities of a law-abiding and productive member of society.
38 (II) A STATE AGENCY MAKING A FINDING PURSUANT TO
39 SUBSECTION (2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS
40 PURSUANT TO SECTION 12-20-206.
41 (b) In evaluating an applicant, an A LOCAL agency shall comply
42 with subsection (4) of this section and A STATE OR LOCAL AGENCY shall
43 not use the determination of the following information as a basis for
44 denial or taking adverse action against any applicant otherwise qualified:
45 (3) (b) (I) With the exception of the department of corrections and
46 the department of public safety, the LOCAL agency shall not perform a
47 background check until the agency determines that an applicant is a
48 finalist or makes a conditional offer of employment to the applicant.
49 (c) If, after determining that an applicant is a finalist or after
50 making a conditional offer of employment to an applicant, the LOCAL
51 agency determines that the applicant has a criminal history, the LOCAL
52 agency shall comply with subsection (4) of this section and shall not use
53 the determination of the following information as a basis for not making
54 an offer of employment or for withdrawing the conditional offer of
55 employment:
56
1 (4) Except as provided in subsection (6) of this section, when
2 considering an applicant for a license, certification, permit, or registration
3 pursuant to subsection (2) of this section or, if, after determining that an
4 applicant is a finalist or making a conditional offer of employment to an
5 applicant, the LOCAL agency determines that the applicant has a
6 conviction other than as described in subsection (2)(b) or (3)(c) of this
7 section, the LOCAL agency shall consider the following factors when
8 determining whether the conviction disqualifies the applicant:
9 (7) Before a state or local agency makes a final determination that
10 a criminal conviction disqualifies an applicant from receiving a license,
11 certification, permit, or registration, the agency shall provide the applicant
12 with written notice that describes:
13 SECTION 4. Act subject to petition - effective date -
14 applicability. (1) This act takes effect at 12:01 a.m. on the day following
15 the expiration of the ninety-day period after final adjournment of the
16 general assembly; except that, if a referendum petition is filed pursuant
17 to section 1 (3) of article V of the state constitution against this act or an
18 item, section, or part of this act within such period, then the act, item,
19 section, or part will not take effect unless approved by the people at the
20 general election to be held in November 2024 and, in such case, will take
21 effect on the date of the official declaration of the vote thereon by the
22 governor.
23 (2) This act applies to applications for registration, certification,
24 permitting, or licensure submitted on or after the applicable effective date
25 of this act.".
26
27



HB24-1008 Wage Claims Construction Industry Contractors 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

For wage claims brought by individuals working in the construction industry, the bill:

  • Requires that a subcontractor that receives a written demand for payment forward a copy of the written demand for payment to the general contractor within 3 business days after receipt;
  • Specifies that a general contractor and a subcontractor that is a direct employer of an employee are jointly and severally liable for all debts owed based on a wage claim or investigation that are incurred by the subcontractor acting under, by, or for the general contractor; and
  • Allows a general contractor to require the following information from each subcontractor acting under, by, or for the general contractor:
  • Pay data;
  • Contact information; and
  • An affidavit attesting to whether the subcontractor has participated in a civil or administrative proceeding within the last 5 years and, if so, the outcome of the proceeding.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
2/8/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
4/17/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/18/2024 House Second Reading Special Order - Passed with Amendments - Committee
4/19/2024 House Third Reading Passed - No Amendments
Amendments:

House Journal, February 9
20 HB24-1008 be amended as follows, and as so amended, be referred to
21 the Committee on Appropriations with favorable
22 recommendation:
23
24 Amend printed bill, page 2, after line 1 insert:
25
26 "SECTION 1. Legislative declaration. (1) The general
27 assembly finds and declares that:
28 (a) Wage theft, the failure to pay an employee the employee's
29 legally earned wages, is the largest form of theft in the United States, and
30 the Colorado Fiscal Institute estimates that wage theft transfers nearly
31 $728 million dollars to employers from the pockets of approximately
32 438,260 Colorado workers each year. Minor workers, women, and
33 workers of color are disproportionately impacted by wage theft.
34 (b) Wage theft not only affects Coloradans' ability to pay rent and
35 put food on the table, but it also denies our state and local governments
36 between $25 million and $42 million in revenue each year;
37 (c) To combat wage theft, the state must keep up with changes in
38 the marketplace. One of the most significant changes involves the
39 increasing use of labor market intermediaries to directly employ workers.
40 Too often, this fissuring of the labor market is used to outsource an
41 employer's responsibility to workers required by labor and employment
42 laws.
43 (d) Construction is an industry with extraordinary labor market
44 fissuring, with layers upon layers of contractors, subcontractors, labor
45 brokers, staffing agencies, etc. This incentivizes wage theft by favoring
46 inexpensive subcontractors. It also creates barriers to wage recovery
47 because undercapitalized subcontractors can't or won't pay wages.
48 (e) Due in part to these practices, workers in the construction
49 industry are disproportionately likely to experience wage theft. Federal
50 Department of Labor, Wage and Hour Division data show that Colorado's
51 construction industry has double the number of wage theft violations that
52 it should have in proportion to the number of workers in the industry.
53 This is consistent with Colorado Department of Labor and Employment
54 data showing that while only 7% of Colorado workers are in construction,
55 construction workers make up 17% of administrative wage theft
56 complaints that are found valid after a full agency investigation.
1 (f) Federal data also show that in fiscal years 2022 and 2023, the
2 construction industry saw the highest dollar amount of wage theft of any
3 industry, totaling over $35 million in federal fiscal year 2023 alone. In
4 addition, the construction industry has among the highest number of
5 individual workers who are victims of wage theft.
6 (g) To effectively combat wage theft in the construction industry,
7 the state needs a tailored solution to ensure not only that workers have
8 substantive legal protection against wage theft, but also that the state has
9 the right alignment of business incentives to prevent wage theft before it
10 happens and the right access to capital to ensure that workers can recover
11 stolen wages;
12 (h) Creating general contractor accountability for wage theft
13 committed on their projects by a subcontractor at any tier provides such
14 a tailored solution. Such accountability will enlist general contractors in
15 the fight against wage theft, incentivize engagement with law-abiding
16 subcontractors who pay their workers correctly, and encourage general
17 contractors to root out bad actors who underbid for contracts knowing
18 they will make up the difference by denying their workers the wages they
19 earned.
20 (i) While creating general contractor liability for wage claims, this
21 act will also ensure that general contractors can efficiently seek
22 reimbursement from subcontractor employers for any amounts paid out
23 for wage claims owed to the subcontractors' employees. In this way, the
24 act will ensure that workers get paid, but will not leave general
25 contractors on the hook for a subcontractor's wage debts.
26 (j) This act narrowly focuses on general contractor liability for
27 wage debts owed to the workers on their projects who were engaged by
28 the general contractor's subcontractors at any tier. Such liability does not
29 extend to wage debts owed to the workers of general contractor suppliers
30 or other business partners. Also, liability for debts owed based on a wage
31 claim or investigation does not include liability for a subcontractor's
32 retaliatory acts.
33 (k) This act does not alter the division of labor standards and
34 statistics' existing obligation to treat a notice of citation or a notice of
35 assessment issued to an employer for a violation of wage law as a public
36 record pursuant to section 8-1-115 (1)(b), Colorado Revised Statutes, and
37 does not require the additional publication of a notice of citation or a
38 notice of assessment issued to a general contractor that is not the
39 employer of an employee who is the victim of wage theft;
40 (l) With this act, Colorado hopes not only to ensure that workers
41 get paid their legally earned wages, but also to partner with the many
42 general contractors who are abiding by the law and want to ensure all
43 workers on their job sites are paid in full and on time; and
44 (m) Therefore, the general assembly declares that wage theft is an
45 unacceptable business practice, and the state should use or adopt all
46 available tools to prevent wage theft before it happens and give workers
47 the means to recover stolen wages.".
48
49 Renumber succeeding sections accordingly.
50
51 Page 3, strike line 2 and substitute "SUBCONTRACTOR, IF SUCH CONTRACT
52 RELATES TO REAL PROPERTY OTHER THAN PROPERTY FOR WHICH THE
2 53 OWNER COULD CLAIM THE HOMESTEAD EXEMPTION PURSUANT TO PART
54 OF ARTICLE 41 OF TITLE 38.".
55
56
1 Page 4, strike lines 7 through 26 and substitute "in the construction
2 industry. (1) (a) A GENERAL CONTRACTOR ENTERING INTO A
3 CONSTRUCTION CONTRACT IN THIS STATE IS LIABLE FOR ALL AMOUNTS
4 OWED TO AN EMPLOYEE PURSUANT TO THIS ARTICLE 4 OR ARTICLE 6 OF
5 THIS TITLE 8 FOR THE EMPLOYEE'S LABOR, CONSTRUCTION, OR OTHER
6 WORK INCLUDED WITHIN THE SCOPE OF THE CONSTRUCTION CONTRACT,
7 INCLUDING AMOUNTS OWED BY A SUBCONTRACTOR AT ANY TIER ACTING
8 UNDER, BY, OR FOR THE GENERAL CONTRACTOR OR THE GENERAL
9 CONTRACTOR'S SUBCONTRACTORS.
10 (b) THE GENERAL CONTRACTOR'S RESPONSIBILITY UNDER
11 SUBSECTION (1)(a) OF THIS SECTION DOES NOT EXTEND TO DAMAGES
12 OWED FOR RETALIATION COMMITTED BY A SUBCONTRACTOR PURSUANT TO
13 SECTION 8-4-120 (3).
14 (2) UNLESS THE VIOLATION IS CAUSED BY THE GENERAL
15 CONTRACTOR'S LACK OF PAYMENT TO THE SUBCONTRACTOR IN
16 ACCORDANCE WITH THE TERMS OF THE CONTRACT BETWEEN THE GENERAL
17 CONTRACTOR AND THE SUBCONTRACTOR:
18 (a) A SUBCONTRACTOR EMPLOYER SHALL INDEMNIFY THE
19 GENERAL CONTRACTOR FOR:
20 (I) ALL AMOUNTS OWED BY THE GENERAL CONTRACTOR PURSUANT
21 TO SUBSECTION (1) OF THIS SECTION DUE TO THE SUBCONTRACTOR'S
22 VIOLATION OF THIS ARTICLE 4 OR ARTICLE 6 OF THIS TITLE 8; AND
23 (II) ALL ATTORNEY FEES PAID BY THE GENERAL CONTRACTOR TO
24 DEFEND AGAINST LIABILITY FOR SUBCONTRACTOR VIOLATIONS OF THIS
25 ARTICLE 4 OR ARTICLE 6 OF THIS TITLE 8;
26 (b) A GENERAL CONTRACTOR MAY BRING A CROSSCLAIM FOR
27 INDEMNIFICATION AGAINST THE SUBCONTRACTOR EMPLOYER IN ANY
28 ACTION RELATED TO THE WAGE CLAIM.
29 (3) A SUBCONTRACTOR'S FAILURE TO INDEMNIFY THE GENERAL
30 CONTRACTOR IS NOT A DEFENSE TO ANY ACTION BROUGHT AGAINST THE
31 GENERAL CONTRACTOR PURSUANT TO SUBSECTION (1) OF THIS SECTION.".
32
33 Renumber succeeding subsections accordingly.
34
35 Page 6, strike line 10 and substitute:
36
37 "(II) CONTAINS A GRIEVANCE PROCEDURE THAT RESULTS IN A
38 FINAL AND BINDING DECISION;
39 (III) MAY BE USED TO RECOVER UNPAID WAGES ON BEHALF OF
40 EMPLOYEES COVERED BY THE AGREEMENT;
41 (IV) PROVIDES FOR THE COLLECTION OF UNPAID CONTRIBUTIONS
42 TO FRINGE BENEFIT TRUST FUNDS ESTABLISHED PURSUANT TO 29 U.S.C.
43 SEC. 186 (c)(5) AND (c)(6), BY OR ON BEHALF OF SUCH TRUST FUNDS;
44 AND".
45
46 Renumber succeeding subparagraph accordingly.
47
48 Page 6, strike lines 13 through 20 and substitute:
49
50 "SECTION 5. Act subject to petition - effective date -
51 applicability. (1) This act takes effect July 1, 2025; except that, if a
52 referendum petition is filed pursuant to section 1 (3) of article V of the
53 state constitution against this act or an item, section, or part of this act
54 within the ninety-day period after final adjournment of the general
55 assembly, then the act, item, section, or part will not take effect unless
56 approved by the people at the general election to be held in November
1 2024 and, in such case, will take effect July 1, 2025, or on the date of the
2 official declaration of the vote thereon by the governor, whichever is
3 later.
4 (2) This act applies to wage claims brought and investigations
5 commenced on or after the applicable effective date of this act.".
6

House Journal, April 16
32 HB24-1008 be amended as follows, and as so amended, be referred to
33 the Committee of the Whole with favorable
34 recommendation:
35
36 Amend printed bill, page 6, after line 12 insert:
37
38 "SECTION 4. Appropriation. (1) For the 2024-25 state fiscal
39 year, $55,179 is appropriated to the department of labor and employment
40 for use by the division of labor standards and statistics. This appropriation
41 is from the general fund. To implement this act, the division may use this
42 appropriation for program costs related to labor standards. This amount
5 43 is based on an assumption that the division will require an additional 0.
44 FTE.
45 (2) For the 2024-25 state fiscal year, $44,807 is appropriated to
46 the department of personnel for use by the executive director's office.
47 This appropriation is from the general fund. To implement this act, the
48 department may use this appropriation for the purchase of legal services.
49 (3) For the 2024-25 state fiscal year, $44,807 is appropriated to
50 the department of law. This appropriation is from reappropriated funds
51 received from the department of personnel under subsection (2) of this
52 section and is based on an assumption that the department of law will
53 require an additional 0.2 FTE. To implement this act, the department of
54 law may use this appropriation to provide legal services for the
55 department of personnel.".
56
1 Renumber succeeding sections accordingly.
2
3 Page 1, line 103, strike "INDUSTRY." and substitute "INDUSTRY, AND, IN
4 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
5
6



HB24-1014 Deceptive Trade Practice Significant Impact Standard 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/10/2024 Introduced In House - Assigned to Judiciary
2/7/2024 House Committee on Judiciary Refer Unamended to House Committee of the Whole
2/9/2024 House Second Reading Special Order - Passed - No Amendments
2/12/2024 House Third Reading Passed - No Amendments
2/13/2024 Introduced In Senate - Assigned to Judiciary
3/18/2024 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
Amendments:

HB24-1083 Construction Professional Insurance Coverage Transparency 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado. The study must identify the following:

  • All insurers offering construction liability policies in Colorado (policies);
  • The rates charged by insurers for policies and the basis for the rates, including data for the past 5 years, if available;
  • Risk factors, classifications, and coverage descriptions insurers use to set policy rates;
  • A comparison of the policy rates insurers charge with rates charged by other states in the region to cover similar residential projects;
  • Policy coverage terms; and
  • Common limitations or exclusions from policy coverage.

The bill requires that, at least 14 days prior to closing the sale of a new residence, the seller of the residence provide the purchaser and the county clerk and recorder's office for the county where the new residence is located with information regarding the insurance coverage for the property subject to the sale, including:

  • Identification of each policy and the coverage provider that may provide coverage for a construction professional's work on the residence;
  • The amount of the policy limits for each policy identified;
  • The policy period for each policy identified, including whether the policy provides coverage on a claims-made basis or occurrence basis; and
  • Identification of relevant exclusions from coverage.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
1/25/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Amendments:

House Journal, January 26
49 HB24-1083 be amended as follows, and as so amended, be referred to
50 the Committee on Appropriations with favorable
51 recommendation:
52
53 Amend printed bill, page 2, line 4, strike "Construction" and substitute
54 "Residential construction".
55
1 Page 2, strike lines 7 and 8.
2
3 Reletter succeeding paragraphs accordingly.
4
5 Page 2, after line 11 insert:
6
7 "(b) "RESIDENTIAL CONSTRUCTION LIABILITY POLICY" MEANS AN
8 INSURANCE POLICY, INCLUDING A COMMERCIAL GENERAL LIABILITY
9 POLICY, AN ERRORS AND OMISSIONS POLICY, A DIRECTORS AND OFFICERS
10 POLICY, A CONTRACTOR-CONTROLLED INSURANCE PROGRAM, AN
11 OWNER-CONTROLLED INSURANCE PROGRAM, OR ANY OTHER INSURANCE
12 POLICY, WHETHER UNDERLYING, EXCESS, OR UMBRELLA, THAT MAY COVER
13 OCCURRENCES OF DAMAGE OR INJURY DURING THE POLICY PERIOD AND
14 THAT MAY INSURE A CONSTRUCTION PROFESSIONAL FOR LIABILITY ARISING
15 FROM RESIDENTIAL CONSTRUCTION-RELATED WORK, INCLUDING:
16 (I) WHEN A CONSTRUCTION PROFESSIONAL MAY BE ENTITLED TO
17 A DEFENSE OR INDEMNITY AS AN ADDITIONAL INSURED UNDER ANOTHER
18 CONSTRUCTION PROFESSIONAL'S LIABILITY INSURANCE POLICY; OR
19 (II) WHEN A CONSTRUCTION PROFESSIONAL MAY BE ENTITLED TO
20 A DEFENSE OR INDEMNITY AS AN ENROLLED CONSTRUCTION PROFESSIONAL
21 UNDER AN OWNER-CONTROLLED INSURANCE PROGRAM OR A
22 CONTRACTOR-CONTROLLED INSURANCE PROGRAM.".
23
24 Reletter succeeding paragraphs accordingly.
25
26 Page 2, line 12, strike "HAS THE MEANING SET FORTH IN", and substitute
27 "MEANS A MULTIFAMILY RESIDENTIAL PROJECT, INCLUDING PROJECTS
28 WITH MORE THAN TWO ADJOINED UNITS OFFERED FOR INDIVIDUAL SALE.".
29
30 Page 2, strike line 13.
31
32 Page 3, line 1, before "CONSTRUCTION" insert "RESIDENTIAL".
33
34 Page 3, line 4, before "CONSTRUCTION" insert "RESIDENTIAL PROPERTY
35 DEVELOPERS'".
36
37 Page 3, line 6, strike "AT A MINIMUM:" and substitute "TO THE EXTENT
38 POSSIBLE:".
39
40 Page 3, line 7, before "CONSTRUCTION" insert "RESIDENTIAL".
41
42 Page 3, line 10, before "CONSTRUCTION" insert "RESIDENTIAL".
43
44 Page 3, line 11, strike "FIVE" and substitute "THREE".
45
46 Page 3, line 12, strike "FACTORS, CLASSIFICATIONS," and substitute
47 "CLASSIFICATIONS, LOSS COST MULTIPLIERS,".
48
49 Page 3, line 13, before "CONSTRUCTION" insert "RESIDENTIAL".
50
51 Page 3, line 17, after "PROJECTS;" add "AND".
52
53 Page 3, strike lines 18 and 19.
54
55 Reletter succeeding paragraphs accordingly.
1 Page 3, line 21, before "CONSTRUCTION" insert "RESIDENTIAL".
2
3 Page 3, line 26, strike "PROGRAM; AND" and substitute "PROGRAM.".
4
5 Page 3, strike line 27.
6
7 Page 4, strike line 1.
8
9 Page 4, line 5, strike "ON OR BEFORE DECEMBER 31, 2026," and substitute
10 "WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,".
11
12 Page 4, line 6, strike "STUDY, INCLUDING THE COMMISSIONER'S FINDINGS
13 AND" and substitute "STUDY".
14
15 Page 4, strike lines 7 and 8.
16
17 Page 4, line 9, strike "APPROPRIATE,".
18
19 Page 4, after line 19 insert:
20
21 "(7) THE COMMISSIONER IS NOT REQUIRED TO COMPLY WITH THE
22 "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, FOR THE
23 PURPOSES OF THIS SECTION.".
24
25 Renumber succeeding subsection accordingly.
26
27 Page 4, strike lines 21 through 27.
28
29 Strike pages 5 and 6.
30
31 Page 7, strike lines 1 through 23.
32
33 Renumber succeeding section accordingly.



HB24-1260 Prohibition Against Employee Discipline 
Comment:
Calendar Notification: Wednesday, April 24 2024
GENERAL ORDERS - SECOND READING OF BILLS
(18) in house calendar.
Summary:

The bill prohibits an employer from requiring an employee to attend meetings, listen to speech, or view communications concerning religious or political matters.

The bill also prohibits an employer from threatening an employee, subjecting an employee to discipline, or discharging an employee on account of the employee's refusal to attend or participate in an employer-sponsored meeting where the employer communicates religious or political matters or opinions.

Certain employer communications are exempt from the prohibition, including communications required by law or that are necessary for an employee to perform the employee's job duties.

The bill creates a private right of action in district court for aggrieved persons who prevail in court seeking payment of front pay, lost wages and compensation, costs, and attorney fees.

Each employer is required to post a notice of the employee rights outlined in the bill at the employer's workplace.


(Note: This summary applies to this bill as introduced.)

Status: 2/13/2024 Introduced In House - Assigned to Business Affairs & Labor
3/20/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
4/19/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/22/2024 House Second Reading Laid Over Daily - No Amendments
Amendments:

House Journal, March 21
38 HB24-1260 be amended as follows, and as so amended, be referred to
39 the Committee on Appropriations with favorable
40 recommendation:
41
42 Amend printed bill, page 3, line 1, strike "and".
43
44 Page 3, strike lines 4 through 6, and substitute "their rights to opt out of
45 political or religious meetings without fear of retaliation from an
46 employer, as long as the meetings are not required by law and are not
47 essential to the employee's job performance; and
48 (h) While it is important to provide protections to employees, the
49 protections should not interfere with the ability of employers to provide
50 diversity, equity, and inclusion training to employees.".
51
52 Page 3, after line 14 insert:
53
54 "(3) The general assembly further declares that the protections in
55 this act are not intended to:
1 (a) Interfere with an employer’s right to free speech;
2 (b) Prohibit an employer’s obligation to provide legally required
3 trainings, such as sexual harassment training, or employer-initiated
4 trainings related to diversity, equity, and inclusion;
5 (c) Extend to employees in schools or hospitals run by religious
6 institutions when discussing religious matters; or
7 (d) Prohibit an employee from performing any aspects of required
8 job duties.".
9
10 Page 4, line 2, strike "CIVIC, COMMUNITY,".
11
12 Page 4, line 3, strike "ORGANIZATION." and substitute "ORGANIZATION OR
13 ANY NONPROFIT ORGANIZATION ESTABLISHED FOR CHARITABLE OR
14 COMMUNITY WELFARE PURPOSES.".
15
16 Page 4, after line 3 insert:
17
18 "(d) "RELIGIOUS MATTERS" MEANS MATTERS RELATING TO
19 RELIGIOUS AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR
20 SUPPORT ANY RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION
21 ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES.".
22
23 Page 4, strike lines 4 through 12 and substitute:
24
25 "(2) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
26 EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN EMPLOYEE
27 TO DISCIPLINE, DISCHARGE, OR AN ADVERSE EMPLOYMENT ACTION ON
28 ACCOUNT OF THE EMPLOYEE'S REFUSAL TO ATTEND OR PARTICIPATE IN AN
29 EMPLOYER-SPONSORED MEETING CONCERNING RELIGIOUS OR POLITICAL
30 MATTERS OR FOR DECLINING TO LISTEN TO SPEECH OR VIEW RELIGIOUS OR
31 POLITICAL COMMUNICATIONS FROM THE EMPLOYER OR THE AGENT,
32 REPRESENTATIVE, OR DESIGNEE OF THE EMPLOYER.".
33
34 Page 4, line 16, strike "BY LAW".
35
36 Page 4, strike lines 17 and 18 and substitute "BY LAW, A COURT ORDER, OR
37 AN AGREEMENT WITH A GOVERNMENTAL ENTITY TO COMMUNICATE TO
38 EMPLOYEES, BUT ONLY TO THE EXTENT OF THE LEGAL REQUIREMENT;".
39
40 Page 4, line 22, strike "DUTIES;" and substitute "DUTIES OR THAT IS
41 REQUIRED TO PREVENT OR ADDRESS UNLAWFUL DISCRIMINATION AND
42 HARASSMENT BASED ON A PROTECTED CLASS;".
43
44 Page 5, line 7, strike "MATERIAL" and substitute "MATTER".
45
46 Page 5, line 9, strike "CASUAL" and substitute "VOLUNTARY".
47
48 Page 6, after line 8, insert:
49
50 "(c) FOR AN ALLEGED VIOLATION OF SUBSECTION (2)(a) OF THIS
51 SECTION AGAINST AN EMPLOYER, THE EMPLOYER HAS AN AFFIRMATIVE
52 DEFENSE TO THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE
53 EMPLOYER CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE
54 EMPLOYEE HAD THE OPTION TO LEAVE THE MEETING WHERE THE
55 VIOLATION ALLEGEDLY TOOK PLACE.".
1 Page 6, line 10, after "INSTITUTION," insert "NONPROFIT FAITH-BASED
2 HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH FACILITY,".
3
4 Page 6, line 19, strike "SECTION 24-34-601;".
5
6

House Journal, April 19
13 HB24-1260 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend the Business Affairs and Labor Committee Report, dated March
18 20, 2024, page 1, after line 19 insert:
19
20 "Page 3 of the printed bill, after line 20 insert:
21
22 "(a) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
23 EMPLOYMENT.".
24
25 Reletter succeeding paragraphs accordingly.".
26
27 Page 2 of the report, line 7, strike ""(2)" and substitute ""(2) (a)".
28
29 Page 2 of the report, line 14, strike "EMPLOYER."." and substitute
30 "EMPLOYER.
31 (b) WITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO, THE
32 PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION APPLY ONLY TO
33 MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE
34 EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR
35 ORGANIZATION.".".
36
37 Page 2 of the report, after line 23 insert:
38
39 "Page 5 of the bill, strike lines 12 through 15 and substitute:
40
41 "(4) (a) AN AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION
42 OF THIS SECTION BY:
43 (I) FILING A COMPLAINT WITH THE DEPARTMENT; OR
44 (II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT
45 JURISDICTION TO ENFORCE THIS SECTION.
46 (b) AN AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF THIS
47 SECTION SHALL:
48 (I) EXHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE
49 FILING AN ACTION IN DISTRICT COURT; AND
50 (II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN EMPLOYER
51 WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS SECTION.
52 (c) ON OR BEFORE THE DATE THE DEPARTMENT MAKES A COMPLAINT
53 FORM PUBLICLY AVAILABLE, AN AGGRIEVED PERSON MAY FILE A
54 COMPLAINT FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT IN
55 ANY FORM, INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.
1 (d) AFTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM
2 PUBLICLY AVAILABLE, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT
3 ONLY BY COMPLETING THE REQUIRED FORM.
4 (e) AFTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:
5 (I) INVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER FOR
6 AN ALLEGED VIOLATION OF THIS ARTICLE 2; OR
7 (II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN ACTION
8 IN DISTRICT COURT.
9 (f) (I) ON AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT IS
10 FILED AND BEFORE THE DEPARTMENT ISSUES A WRITTEN DETERMINATION,
11 AN AGGRIEVED PERSON MAY REQUEST AND THE DEPARTMENT SHALL
12 GRANT SUCH AGGRIEVED PERSON WRITTEN AUTHORIZATION TO PROCEED
13 WITH AN ACTION IN DISTRICT COURT.
14 (II) AT THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION IN
15 DISTRICT COURT, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN
16 NOTICE OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL
17 TERMINATE ITS INVESTIGATION.
18 (III) AN AGGRIEVED PERSON WHO RECEIVES WRITTEN AUTHORIZATION
19 PURSUANT TO THIS SUBSECTION (4) IS DEEMED TO HAVE EXHAUSTED
20 ADMINISTRATIVE REMEDIES.
21 (g) IF, AFTER CONDUCTING AN INVESTIGATION, THE DEPARTMENT:
22 (I) DOES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE
23 THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE
24 AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF
25 COMPETENT JURISDICTION. THE AGGRIEVED PERSON IS DEEMED TO HAVE
26 EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION
27 AND AUTHORIZATION IS ISSUED.
28 (II) FINDS ONE OR MORE VIOLATIONS, THE DEPARTMENT SHALL
29 PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY
30 AWARD THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT
31 TO SUBSECTION (4)(j) OF THIS SECTION.
32 (h) (I) THE DETERMINATION OF THE DEPARTMENT IS A FINAL AGENCY
33 ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE
34 DETERMINATION, SECTION 8-4-113 (2) APPLIES.
35 (II) THE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED
36 ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT
37 COURT OF COMPETENT JURISDICTION WITHIN THIRTY-FIVE CALENDAR DAYS
38 AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE
39 DEPARTMENT. JUDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE
40 RECORD DESIGNATED ON APPEAL.
41 (i) AN AGGRIEVED INDIVIDUAL MAY, WITHIN ONE HUNDRED EIGHTY
42 DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE REMEDIES,
43 COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT JURISDICTION
44 AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION.".
45
46 Renumber succeeding paragraph accordingly.".
47
48 Page 2 of the report, line 24, strike "8," and substitute "8".
49
50 Page 2 of the report, line 25, strike ""(c)" and substitute ""(5)".
51
52 Page 2 of the report, after line 30 insert:
53
54 "Renumber succeeding subsections accordingly.".
55
1 Page 3 of the report, after line 2 insert:
2
3 "Page 6 of the bill, line 23, strike "OF LABOR AND EMPLOYMENT".
4
5 Page 7 of the bill, after line 2 insert:
6
7 "SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
8 $278,564 is appropriated to the department of labor and employment for
9 use by the division of labor standards and statistics. This appropriation is
10 from the general fund and is based on an assumption that the division will
11 require an additional 2.8 FTE. To implement this act, the division may
12 use this appropriation for program costs related to labor standards.".
13
14 Renumber succeeding section accordingly.
15
16 Page 1 of the bill, line 102, strike "SPEECH." and substitute "SPEECH,
17 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
18
19



HB24-1307 HVAC Improvements for Public Schools 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill requires a school district board of education, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (school administrative entity) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the school administrative entity undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source specifically for such purpose.

The requirements established in the bill concern:

  • Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, operational controls, and carbon dioxide output;
  • The preparation of HVAC assessment reports;
  • The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements and estimate associated costs;
  • HVAC adjustments, repairs, upgrades, and replacements;
  • The preparation of HVAC verification reports and the submission of the reports to the state board of education; and
  • Periodic inspections and ongoing maintenance.

The bill establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the bill. A school administrative entity that undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source must do so using only contractors on the certified contractor list established by the department of labor and employment.

The bill allows a school administrative entity to apply for grants to pay for HVAC infrastructure improvement projects and establishes requirements for school administrative entities that apply for grants from federal and state government sources.

The bill allows the governor's office to expend money from the "Infrastructure Investment and Jobs Act" cash fund to provide grant writing support and project planning support to school administrative entities that are undertaking HVAC infrastructure improvement projects.


(Note: This summary applies to this bill as introduced.)

Status: 2/14/2024 Introduced In House - Assigned to Education
3/7/2024 House Committee on Education Refer Amended to Appropriations
Amendments:

House Journal, March 8
45 HB24-1307 be amended as follows, and as so amended, be referred to
46 the Committee on Appropriations with favorable
47 recommendation:
48
49 Amend printed bill, page 6, after line 19 insert:
2021 50 "(j) "INTERNATIONAL MECHANICAL CODE" MEANS THE
51 INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL
52 CODE COUNCIL OR THE MOST RECENT VERSION ADOPTED BY THE OFFICE
53 OF THE STATE ARCHITECT CREATED IN SECTION 24-30-1302.5.".
54
55 Reletter succeeding paragraphs accordingly.
1 Page 7, after line 4 insert:
1502 2 "(n) "NOX" HAS THE MEANING SET FORTH IN SECTION 25-7-
3 (8).".
4
5 Reletter succeeding paragraphs accordingly.
6
7 Page 7, line 6, after "GYMNASIUMS," insert "CAFETERIAS,".
8
9 Page 8, strike lines 11 through 13.
10
11 Reletter succeeding paragraph accordingly.
12
13 Page 12, line 24, strike "ALL CLASSROOMS" and substitute "OCCUPIED
14 AREAS, AS DETERMINED BY QUALIFIED PERSONNEL,".
15
16 Page 13, line 10, strike "CLASSROOM" and substitute "OCCUPIED AREAS,
17 AS DETERMINED BY QUALIFIED PERSONNEL,".
18
19 Page 13, line 27, strike "CLASSROOMS" and substitute "OCCUPIED AREAS".
20
21 Page 14, line 5, strike "ALL CLASSROOMS." and substitute "OCCUPIED
22 AREAS, AS APPLICABLE.".
23
24 Page 15, line 2, strike "ALL CLASSROOMS;" and substitute "OCCUPIED
25 AREAS;".
26
27 Page 15, line 10, after "EFFICIENCY," insert "NOX EMISSIONS,
28 GREENHOUSE GAS EMISSIONS,".
29
30 Page 15, line 20, strike "AND".
31
32 Page 15, after line 20 insert:
33 "(d) RECOMMEND A PATHWAY FOR REDUCING NOX EMISSIONS AND
34 GREENHOUSE GAS EMISSIONS; AND".
35
36 Reletter succeeding paragraph accordingly.
37
38 Page 16, line 4, strike "STATE BOARD" and substitute "DEPARTMENT".
39
40 Page 17, line 9, after "EFFICIENCY," insert "NOX EMISSIONS, GREENHOUSE
41 GAS EMISSIONS,".
42
43 Page 17, after line 9 insert:
44 "(IX) DOCUMENTATION OF THE MECHANICAL ENGINEER'S
45 RECOMMENDED PATHWAY FOR REDUCING NOX EMISSIONS AND
46 GREENHOUSE GAS EMISSIONS;".
47
48 Renumber succeeding subparagraphs accordingly.
49
2 50 Page 18, line 4, strike "IF A CLASSROOM" and substitute "FOR CO
51 MONITORS INSTALLED IN OCCUPIED AREAS, AS DETERMINED BY QUALIFIED
52 PERSONNEL, IF THE".
53
54 Page 18, line 7, strike "CLASSROOM" and substitute "OCCUPIED AREA'S".
55
1 Page 18, line 9, strike "CLASSROOM" and substitute "OCCUPIED AREA".
2
3 Page 18, line 11, strike "CLASSROOM".
4
5 Page 19, strike lines 13 and 14 and substitute "SOURCES;".
6
7 Page 20, line 13, strike "DESCRIPTION OF HOW" and substitute
8 "STATEMENT ACKNOWLEDGING THAT".
9
10 Page 20, after line 23 insert:
11 "(11) Notices of receipt of federal grant funding. A SCHOOL
12 ADMINISTRATIVE ENTITY THAT RECEIVES FEDERAL GRANT FUNDING FOR
13 HVAC IMPROVEMENTS SHALL NOTIFY THE DEPARTMENT OF THE RECEIPT
14 OF THE FUNDING. THE DEPARTMENT SHALL PUBLISH ON ITS PUBLIC
15 WEBSITE NOTIFICATIONS OF ALL FEDERAL GRANT FUNDING THAT IS
16 AWARDED TO SCHOOL ADMINISTRATIVE ENTITIES FOR HVAC
17 IMPROVEMENTS.".
18
19 Page 22, line 22, strike "SCHOOLS" and substitute "SCHOOLS, INCLUDING
20 SUCH ENTITIES".
21
22



HB24-1344 Sunset Plumbing Board 
Comment:
Calendar Notification: Thursday, April 25 2024
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
Upon Adjournment Old Supreme Court
(2) in senate calendar.
Summary:

Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies (DORA) in its 2023 sunset review of the state plumbing board (board). Sections 3 and 26 28 of the bill continue the board for 13 8 years to September 1, 2037 2032. Section 13 authorizes the board to discipline plumbers who aid or abet a person in violating the plumbing practice act or other statutes that apply to plumbers. Section 3 removes the statutory requirement that members of the board be confirmed by the senate of the Colorado general assembly. Section 3 removes the political affiliation requirement for the board, which requires that a major political party not have more than one member more than the other major political party. Sections 1, 7, and 9, and 10 clarify that the licensed categories of plumbers, plumbing apprentices, and registered plumbing contractors can work on water conditioning systems without being required to register with the board as a water conditioning contractor, principal, or installer. Sections 2, 4, 5, 8, 10, 12, 14, 16, 19, 22, 24, 25, and 27, and 29 modernize the term "journeyman" by changing it to "journeyworker" throughout the plumbing practice act, effective July 1, 2025. Section 13 modifies the grounds for discipline of a licensee regarding habitual or excessive use or abuse of controlled substances or alcohol and removes "substance use disorder" as a ground for discipline. Sections 13 and 25 require a plumbing contractor to display the plumbing contractor's and attached master plumber's registration information on the plumbing contractor's vehicle and in other locations and makes a plumbing contractor's failure to display the required information grounds for discipline. Section 13 repeals the requirement that the board send a letter of admonition by certified mail. Section 17 requires persons who are engaged in the business of installing, removing, inspecting, testing, and repairing backflow prevention devices to be licensed, except when installing or testing a stand-alone fire suppression sprinkler system. Sections 1, 6, 7, 8, 11, 15, 16, 17, 18, 20, 21, 22, and 23 and 25 make technical changes, including to replace the word "administrator" with the word "director" where appropriate and to replace references to "he or she" with gender-neutral terms. Section 26 requires the DORA director of the division of professions and occupations to change the validity period for licenses and registrations issued or renewed by the board on or after March 1, 2025, to a period of three years.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/26/2024 Introduced In House - Assigned to Business Affairs & Labor
3/21/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
4/5/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/9/2024 House Second Reading Laid Over Daily - No Amendments
4/11/2024 House Second Reading Special Order - Passed with Amendments - Committee
4/12/2024 House Third Reading Laid Over to 04/14/2024 - No Amendments
4/14/2024 House Third Reading Passed - No Amendments
4/15/2024 Introduced In Senate - Assigned to Business, Labor, & Technology
Amendments:

House Journal, March 22
30 HB24-1344 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend printed bill, page 4, line 18, strike "(2)(a)(I) introductory portion
35 and".
36
37 Page 4, strike lines 20 through 23 and substitute "of article. (4) No major
38 political party shall be represented on the board by".
39
40 Page 4, line 25, strike "2037." and substitute "2032.".
41
42 Page 5, line 3, strike "(2)(a)(I) introductory portion and".
43
44 Page 5, lines 6 and 7, strike "and with the confirmation of the senate," and
45 substitute "and with the confirmation of the senate,".
46
47 Page 10, line 13, strike "(2)" and substitute "(2); and add (1)(s)".
48
49 Page 10, after line 24 insert:
50
51 "(s) FAILING TO DISPLAY PLUMBING CONTRACTOR AND MASTER
52 PLUMBER REGISTRATION INFORMATION, AS SPECIFIED IN SECTION
53 12-155-125.".
54
55
1 Page 12, line 27, after "(2)" insert "and (4)".
2
3 Page 13, after line 14 insert:
4
5 "(4) Persons who are engaged in the business of INSTALLING,
6 REMOVING, inspecting, testing, and repairing backflow prevention devices
7 shall be ARE NOT exempt from licensure under this article 155, except
8 when the persons engage in the installation and removal of the devices
9 ARE INSTALLING OR TESTING A STAND-ALONE FIRE SUPPRESSION
10 SPRINKLER SYSTEM.".
11
12 Page 19, after line 9 insert:
13
125 14 "SECTION 25. In Colorado Revised Statutes, add 12-155-
15 as follows:
16 12-155-125. Plumbing contractors - requirement to display
17 registration identification - master plumber of contractor. (1) ON
18 AND AFTER JULY 1, 2025, A PLUMBING CONTRACTOR SHALL DISPLAY THE
19 FOLLOWING INFORMATION ON THE PLUMBING CONTRACTOR'S VEHICLE OR
20 VEHICLES, BILLING MATERIALS, BID SHEETS, AND WEBSITE:
21 (a) THE PLUMBING CONTRACTOR'S COLORADO REGISTRATION
22 IDENTIFICATION NUMBER; AND
23 (b) THE COLORADO REGISTRATION IDENTIFICATION NUMBER FOR
24 THE MASTER PLUMBER ATTACHED TO THE PLUMBING CONTRACTOR.
25
26 SECTION 26. In Colorado Revised Statutes, 12-20-202, add
27 (1)(f) as follows:
28 12-20-202. Licenses, certifications, and registrations - renewal
29 - reinstatement - fees - occupational credential portability program
30 - temporary authority for military spouses - exceptions for military
31 personnel - rules - consideration of criminal convictions or driver's
32 history - executive director authority - definitions - repeal.
33 (1) Renewal. (f) (I) NOTWITHSTANDING ANY PROVISION OF THE LAW TO
34 THE CONTRARY, THE DIRECTOR SHALL CHANGE THE VALIDITY OF LICENSES
35 AND REGISTRATIONS ISSUED OR RENEWED BY THE STATE PLUMBING
36 BOARD, CREATED IN SECTION 12-155-104, TO A PERIOD OF THREE YEARS,
37 APPLICABLE TO LICENSES AND REGISTRATIONS ISSUED OR RENEWED ON OR
38 AFTER MARCH 1, 2025.
39 (II) THIS SUBSECTION (1)(f) IS REPEALED, EFFECTIVE JULY 1,
40 2026.".
41
42 Renumber succeeding sections accordingly.
43
44 Page 19, line 22, strike "(38)(a)(II)" and substitute "(33)(a)(IX)".
45
46 Page 20, line 1, strike "(38)" and substitute "(33)".
47
48 Page 20, line 2, strike "2037:" and substitute "2032:".
49
50 Page 20, line 3, strike "(II)" and substitute "(IX)".
51
52 Page 20, line 17, strike "25, and 27" and substitute "27, and 29".
53
54



SB24-092 Cost Effective Energy Codes 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill requires any provision of any energy code adopted by a county or municipality on or after January 1, 2026, to be cost effective. "Cost effective" means, using the existing energy efficiency standards and requirements as a base of comparison, that the economic benefits of the proposed energy efficiency standards and requirements will exceed the economic costs of those standards and requirements based upon an incremental multi-year analysis that:

  • Considers the perspective of a typical first-time home buyer;
  • Considers benefits and costs over a 10-year period;
  • Does not assume fuel price increases in excess of the assumed general rate of inflation;
  • Ensures that the buyer of a home who would qualify to purchase the home before the addition of the energy efficiency standards will still qualify to purchase the same home after the additional cost of energy saving construction features; and
  • Ensures that the costs of principal, interest, taxes, insurance, and utilities will not be greater after the inclusion of the proposed cost of the additional energy saving construction features required by the proposed energy efficiency rules than under the provisions of the existing energy efficiency rules.
    (Note: This summary applies to this bill as introduced.)

Status: 1/24/2024 Introduced In Senate - Assigned to Local Government & Housing
2/29/2024 Senate Committee on Local Government & Housing Postpone Indefinitely
Amendments:

SB24-104 Career & Technical Education & Apprenticeships 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill requires the state apprenticeship agency in the department of labor and employment (department), in coordination with the career and technical education division of the Colorado community college system, to align the high school career and technical education system and the registered apprenticeship system for programs and occupations related to infrastructure, advanced manufacturing, education, or health care. On or before July 1, 2026, the bill requires both entities to expand the number of aligned pathways, prioritizing programs and occupations identified as top jobs by the annual Colorado talent pipeline report. The bill requires the office of future of work in the department to engage in proactive outreach to foster collaboration between entities to facilitate awareness of opportunities for current and prospective participants in apprenticeship programs. To implement the bill, for the 2024-25 state fiscal year:

  • $87,326 is appropriated to the department from the general fund for use by the office of the executive director of the department; and
  • $95,245 in reappropriated funds pursuant to the bill is appropriated to the department of higher education.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/26/2024 Introduced In Senate - Assigned to Business, Labor, & Technology
2/13/2024 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
3/8/2024 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/12/2024 Senate Second Reading Passed with Amendments - Floor
3/13/2024 Senate Third Reading Passed - No Amendments
3/13/2024 Introduced In House - Assigned to Education
3/27/2024 House Committee on Education Refer Unamended to Appropriations
Amendments:

Senate Journal, March 8
After consideration on the merits, the Committee recommends that SB24-104 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 5, after line 10 insert:

"(4) THE COMMUNITY COLLEGE SYSTEM MAY RECEIVE FUNDING FOR THE
SERVICES DESCRIBED IN THIS SECTION THROUGH A LIMITED PURPOSE
FEE-FOR-SERVICE CONTRACT PURSUANT TO SECTION 23-18-308 (1)(m).
SECTION 4. In Colorado Revised Statutes, 23-18-308, add (1)(m) as
follows:
23-18-308. Fee-for-service contracts - grants to local district
colleges - limited purpose - repeal. (1) Subject to available appropriations, the
department shall enter into fee-for-service contracts for the following purposes:
(m) THE CREATION OF EDUCATION PROGRAMS PURSUANT TO SECTION
8-15.7-201.
SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$87,326 is appropriated to the department of labor and employment for use by
the executive director's office. This appropriation is from the general fund and
is based on an assumption that the office will require an additional 0.8 FTE. To
implement this act, the office may use this appropriation for the state
apprenticeship agency.
(2) For the 2024-25 state fiscal year, $95,245 is appropriated to the
department of higher education. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for the college
opportunity fund program to be used for limited purpose fee-for-service
contracts with state institutions.
(3) For the 2024-25 state fiscal year, $95,245 is appropriated to the
department of higher education. This appropriation is from reappropriated funds
received from the limited purpose fee-for-service contracts with state
institutions under subsection (2) of this section. To implement this act, the
department may use this appropriation for the state board for community
colleges and occupational education state system community colleges.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "APPRENTICESHIPS." and substitute "APPRENTICESHIPS,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations


Senate Journal, March 12
SB24-104 by Senator(s) Danielson; also Representative(s) Hamrick--Concerning the alignment of
educational programs with registered apprenticeships.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, March 8, page(s) 442 and placed in members' bill files.)

Amendment No. 2(L.002), by Senator Danielson.

Amend printed bill, page 5, after line 10 insert:

"(4) THE OFFICE OF THE FUTURE OF WORK IN THE DEPARTMENT SHALL
ENGAGE IN PROACTIVE OUTREACH TO FOSTER COLLABORATION BETWEEN
REGISTERED APPRENTICESHIP PROGRAMS, THE COLORADO COMMUNITY
COLLEGE SYSTEM, CAREER AND TECHNICAL EDUCATION PROGRAMS,
INSTITUTIONS OF HIGHER EDUCATION, AND OTHER TRAINING PROVIDERS IN THE
RELATED PROGRAMS AND OCCUPATIONS TO FACILITATE AWARENESS OF
OPPORTUNITIES FOR CURRENT AND PROSPECTIVE PARTICIPANTS.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.




SB24-106 Right to Remedy Construction Defects 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

In the "Construction Defect Action Reform Act" (act), Colorado law establishes procedures for bringing a lawsuit for a construction defect (claim). Section 2 of the bill clarifies that a person that has had a claim brought on the person's behalf is also considered a claimant, and therefore, the act applies to the person for whom the claim is brought. Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

  • The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
  • Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

Currently, a claim may be held in abeyance if the parties have agreed to mediation. Section 3 also adds other forms of alternative dispute resolution for which the claim would be held in abeyance. Alternative dispute resolution is binding. If a settlement offer of a payment is made and accepted in a claim, the payment constitutes a settlement of the claim and the cause of action is deemed to have been released, and an offer of settlement is not admissible in any subsequent action or legal proceeding unless the proceeding is to enforce the settlement.

To bring a claim or related action, section 4 requires a unit owners' association (association) to obtain the written consent of at least two-thirds of the actual owners of the units in the common interest community. The consent must contain the currently required notices, must be signed by each consenting owner, and must have certain attestations.

Under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in:

  • Actual damage to real or personal property;
  • Actual loss of the use of real or personal property;
  • Bodily injury or wrongful death; or
  • A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants.

Section 5 requires the actual property damage to be the result of a building code violation and requires the risk of injury or death or the threat to life, health, or safety to be imminent and unreasonable.

Under current law, an association may institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or 2 or more unit owners on matters affecting a common interest community. For a construction defect matter to affect a common interest community, section 7 requires that the matter concern real estate that is owned by the association or by all members of the association. Section 7 also establishes that, when an association makes a claim or takes legal action on behalf of unit owners when the matter does not concern real estate owned by the association:

  • The association and each claim are subject to each defense, limitation, claim procedure, and alternative dispute resolution procedure that each unit owner would be subject to if the unit owner had brought the claim; and
  • The association has a fiduciary duty to act in the best interest of each unit owner.
    (Note: This summary applies to this bill as introduced.)

Status: 2/5/2024 Introduced In Senate - Assigned to Local Government & Housing
3/21/2024 Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
3/25/2024 Senate Second Reading Laid Over to 04/01/24 - No Amendments
4/1/2024 Senate Second Reading Laid Over Daily - No Amendments
4/2/2024 Senate Second Reading Laid Over to 04/08/2024 - No Amendments
4/10/2024 Senate Second Reading Passed with Amendments - Floor
4/11/2024 Senate Third Reading Passed with Amendments - Floor
Amendments:

Senate Journal, March 21
After consideration on the merits, the Committee recommends that SB24-106 be referred
to the Committee of the Whole with favorable recommendation.
Amend printed bill, page 5, line 22, strike "STATUTORY".

Page 6, line 19, before "MUST" insert "AND A NOTICE THAT THE CONSTRUCTION
PROFESSIONAL IS INVOKING THE RIGHT TO REMEDY".

Page 7, line 10, strike "INVOKED," and substitute "INVOKED AND ACCEPTED BY
THE CLAIMANT,".

Page 7, line 18, strike "OR".

Page 7, line 19, after "REMEDY," insert "OR IF THE CLAIMANT DOES NOT ACCEPT
A RIGHT TO REMEDY OFFER,".

Page 8, line 18, strike "REMEDY AND" and substitute "REMEDY, THE RIGHT TO
REMEDY IS ACCEPTED BY THE CLAIMANT, AND THE CONSTRUCTION
PROFESSIONAL".

Page 8, strike lines 25 through 27 and substitute:

"SECTION 4. In Colorado Revised Statutes, 38-33.3-303.5, amend
(1)(d)(I)(A) and (1)(d)(III) introductory portion as follows:
38-33.3-303.5. Construction defect actions - disclosure - approval
by unit owners - definitions - exemptions. (1) (d) Approval by unit owners
- procedures. (I) (A) Notwithstanding any provision of law or any requirement
in the governing documents, the executive board may HAS THE RIGHT TO initiate
the construction defect action only if authorized within the voting period by
owners of units to which a majority of SIXTY PERCENT OF THE votes in the
association are allocated. Such UNIT OWNERS VOTING IN FAVOR OF PROCEEDING
WITH A CONSTRUCTION DEFECT ACTION MUST ALSO ACKNOWLEDGE IN WRITING
THAT THE UNIT OWNER HAS RECEIVED THE DISCLOSURES REQUIRED UNDER
SECTION 38-33.3-303.5 (1)(c) AND THAT THE UNIT OWNER HAS BEEN INFORMED
OF THE UNIT OWNER'S OBLIGATION UNDER COLORADO LAW TO DISCLOSE KNOWN
DEFECTS UPON SALE OF THE PROPERTY. THE approval is not required for an
association to proceed with a construction defect action if the alleged
construction defect pertains ONLY to a facility that is intended and used for
nonresidential purposes and if the cost to repair the alleged defect does not
exceed fifty thousand dollars. Such THE approval is not required for an
association to proceed with a construction defect action when the association
is the DIRECT contracting party for the performance of labor or purchase of
services or materials.
(III) Vote count - exclusions. For purposes of calculating the required
majority vote under this subsection (1)(d) only, the following votes are
excluded:".

Page 9, strike lines 1 through 10.

Page 10, line 17, strike "No separate cause of action. THIS" and substitute
"Applicability - no separate cause of action. (1) THIS PART 8 DOES NOT
APPLY TO A MUNICIPALITY, AS DEFINED IN SECTION 31-1-101, OR A COUNTY, AS
DEFINED IN SECTION 30-6-100.3, IF EITHER IS ACTING IN ITS GOVERNMENTAL
CAPACITY.
(2) THIS".

Page 10, strike lines 21 through 27 and substitute:

"38-33.3-302. Powers of unit owners' association. (3) (c) IF AN
ASSOCIATION TAKES AN ACTION UNDER SUBSECTION".

Page 11, strike lines 2 through 10 and substitute "OR MORE UNIT OWNERS, EACH
CLAIM BROUGHT ON BEHALF OF A UNIT OWNER IS SUBJECT TO EACH DEFENSE,
LIMITATION, CLAIM PROCEDURE, AND ALTERNATIVE DISPUTE RESOLUTION
PROCEDURE THAT THE UNIT OWNER WOULD BE SUBJECT TO IF THE UNIT OWNER
HAD BROUGHT THE CLAIM.".


Local
Government
& Housing

Senate Journal, April 10
SB24-106 by Senator(s) Zenzinger and Coleman, Buckner, Gardner, Ginal, Kirkmeyer, Liston,
Mullica, Pelton R., Roberts, Simpson, Will; also Representative(s) Bird, Bradfield,
Clifford, Frizell, Lindstedt, Lynch, Pugliese, Snyder, Taggart, Wilson, Winter T.--
Concerning legal actions based on claimed defects in construction projects.

Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, March 21, page(s) 552-553 and placed in members' bill files.)

Amendment No. 2(L.099), by Senator Zenzinger.

Strike the Local Government and Housing Committee Report, dated March 21,
2024.

Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Access to affordable, quality housing is foundational to personal and
financial stability and provides safety and life sustaining shelter, but it is also
a vehicle for reducing childhood poverty and increasing economic mobility and
intergenerational wealth;
(b) Colorado has a challenge insofar as, according to the state
demographer, it has the sixth most expensive housing market in the nation;
(c) Our state's housing supply has not kept pace with our population
growth. Between 2010 and 2020, the state added 126,000 fewer housing units
than in the prior decade, and as of 2022, Colorado has an unmet housing need
of between 65,000 and 100,000 units.
(d) To address this challenge, Colorado must not only increase the
number of homes that are available for purchase or rent, but it must also ensure
that the increased supply is a diverse combination of rental and home ownership
opportunities that will meet the needs, preferences, and varied income levels of
the people in our state;
(e) Multifamily for-sale housing is a critical component of this solution
because it helps close the affordability gap and adds a needed element to the
diverse mix of housing options the state can offer Coloradans, and historically
condominiums have been the most affordable housing choice for
owner-occupied housing;
(f) Notwithstanding the fact that Colorado's population today is 20%
greater than what it was in 2008, condominium construction in the front range
has slowed dramatically and is now 76% lower than it was in the years between
2002 and 2008, and between 2007 and 2022, the number of entities developing
condominiums decreased by 84%;
(g) Despite the downturn in construction, consumer demand for
condominiums remains strong in Colorado;
(h) There were 2.4 resold condominiums for every new condominium
sale in 2005, but in 2022, there were 30 condominium resales for every new
sale, and this is especially true for affordably priced condominiums;
(i) At the same time that fewer mid-priced condominiums are being
built, they are also becoming increasingly more expensive to construct, and that
cost is passed on to the consumer in the form of higher sales prices;
(j) In 2005, the majority of new and existing condominium units were
priced under $300,000 because of an adequate supply, but by 2023, only 2% of
new condominiums built were priced under $300,000, and due to the severe
lack of supply, currently only one-third of resale condominiums are available
for a price under $300,000;
(k) While costs of labor and materials are increasing for all types of
home construction, the cost increases associated with condominium
construction have outpaced those associated with single-family home
construction, and this is particularly evident as it relates to the cost for
contractors' liability insurance;
(l) In Colorado, the high costs and frequency of construction liability
litigation related to condominium development have driven insurance
companies to raise insurance rates for developers;
(m) In recent years, insurance costs for condominiums surged to 5.5%
of a project's hard costs, which was more than 233% higher than the insurance
costs of multifamily rental home projects; and
(n) Colorado needs balanced public policy that decreases insurance
costs by reducing the magnitude and frequency of defect claims, ensures that
every homeowner has the right to pursue timely and effective remedies for
defective construction, and ensures that such remedies are fair to the home
buyer but do not prevent the construction of affordable multifamily for-sale
housing options.
(2) The general assembly declares that this act will help bring down the
building costs of affordably priced homes and create more opportunities to
build wealth for Coloradans through home ownership.
SECTION 2. In Colorado Revised Statutes, 38-33.3-303.5, amend
(1)(d)(I)(A) and (1)(d)(III) introductory portion as follows:
38-33.3-303.5. Construction defect actions - disclosure - approval
by unit owners - definitions - exemptions. (1) (d) Approval by unit owners
- procedures. (I) (A) Notwithstanding any provision of law or any requirement
in the governing documents, the executive board may HAS THE RIGHT TO initiate
the construction defect action only if authorized within the voting period by
owners of units to which a majority of AT LEAST SIXTY PERCENT OF THE votes
in the association are allocated. Such A UNIT OWNER VOTING IN FAVOR OF
PROCEEDING WITH A CONSTRUCTION DEFECT ACTION MUST ALSO ACKNOWLEDGE
IN WRITING THAT THE UNIT OWNER HAS RECEIVED THE DISCLOSURES REQUIRED
UNDER SECTION 38-33.3-303.5 (1)(c) AND THAT THE UNIT OWNER HAS BEEN
INFORMED OF THE UNIT OWNER'S OBLIGATION UNDER COLORADO LAW TO
DISCLOSE KNOWN DEFECTS UPON SALE OF THE PROPERTY. THE approval is not
required for an association to proceed with a construction defect action if the
alleged construction defect pertains ONLY to a facility that is intended and used
for nonresidential purposes and if the cost to repair the alleged defect does not
exceed fifty thousand dollars. Such THE approval is not required for an
association to proceed with a construction defect action when the association
is the DIRECT contracting party for the performance of labor or purchase of
services or materials.
(III) Vote count - exclusions. For purposes of calculating the required
majority vote under this subsection (1)(d) only, the following votes are
excluded:
SECTION 3. In Colorado Revised Statutes, 13-20-804, amend (1);
repeal (2); and add (1)(e) and (3) as follows:
13-20-804. Restriction on construction defect negligence claims.
(1) No negligence claim seeking damages for a construction defect may be
asserted in A CLAIMANT IS BARRED FROM BRINGING OR MAINTAINING A CLAIM
SEEKING DAMAGES FOR A CONSTRUCTION DEFECT AS an action if such THE claim
arises from the failure to construct an improvement to real property in
substantial compliance with an applicable building code or industry standard;
except that such THE claim may be asserted if such THE failure results in
CAUSES one or more of the following:
(a) Actual damage to real or personal property;
(b) Actual loss of the use of real or personal property;
(c) Bodily injury or wrongful death; or
(d) A risk of bodily injury or death to, or a threat to the life, health, or
safety of, VERIFIABLE DANGER TO the occupants of the residential real property;
OR
(e) AN ACTUAL FAILURE OR LACK OF CAPACITY OF A BUILDING
COMPONENT TO PERFORM THE INTENDED FUNCTION OR PURPOSE OF THE
BUILDING COMPONENT.
(2) Nothing in this section shall be construed to prohibit, limit, or
impair the following:
(a) The assertion of tort claims other than claims for negligence;
(b) The assertion of contract or warranty claims; or
(c) The assertion of claims that arise from the violation of any statute
or ordinance other than claims for violation of a building code.
(3) THIS SECTION DOES NOT PROHIBIT, LIMIT, OR IMPAIR CLAIMS,
INCLUDING EXPRESS CONTRACT CLAIMS, THAT ARE NOT BASED UPON
VIOLATIONS OF AN APPLICABLE BUILDING CODE, MANUFACTURER'S
INSTRUCTIONS, OR INDUSTRY STANDARD.
SECTION 4. In Colorado Revised Statutes, 38-33.3-302, add (3)(c)
as follows:
38-33.3-302. Powers of unit owners' association. (3) (c) IF AN
ASSOCIATION TAKES AN ACTION UNDER SUBSECTION (1)(d) OF THIS SECTION FOR
A CONSTRUCTION DEFECT ON BEHALF OF TWO OR MORE UNIT OWNERS, EACH
CLAIM BROUGHT ON BEHALF OF A UNIT OWNER IS SUBJECT TO EACH DEFENSE
THAT THE UNIT OWNER WOULD BE SUBJECT TO IF THE UNIT OWNER HAD
BROUGHT THE CLAIM.
SECTION 5. Act subject to petition - effective date - applicability.
(1) This act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within such
period, then the act, item, section, or part will not take effect unless approved
by the people at the general election to be held in November 2024 and, in such
case, will take effect on the date of the official declaration of the vote thereon
by the governor.
(2) This act applies to civil actions occurring and notices of claims
received on or after the applicable effective date of this act.".

Amendment No. 3(L.115), by Senator Sullivan.

Amend the Zenzinger floor amendment (SB106_L.099), page 2, line 19, strike
"and".

Page 2, line 25, strike "options." and substitute "options;
(o) Building codes are adopted to establish minimum requirements to
safeguard the public safety, health, and general welfare and to provide safety to
firefighters and emergency responders during emergency operations;
(p) The construction of affordable housing will only create financial
stability, economic mobility, and intergenerational wealth if the buyers of
affordable housing are not unfairly burdened with the cost to repair construction
defects caused by builder negligence; and
(q) Homeowners who are prevented from pursuing legal remedies for
construction defects may be prevented from refinancing or selling their homes
and may be subjected to financial insecurity, bankruptcy, or foreclosure.
(2) The general assembly declares that this act:
(a) Is intended to protect homeowner rights to seek redress for
construction defects and to be able to pursue the most efficient and
cost-effective dispute resolution process to be made whole; and
(b) Is not intended to be interpreted in a manner that would have the
effect of lowering the quality of construction in the state of Colorado or
encouraging builders to ignore building codes.".

Page 2, line 26, strike "(2)" and substitute "(3)" and before "declares" insert
"further".
Amendment No. 4(L.128), by Senator Gonzales.

Amend the Zenzinger floor amendment (SB106_L.099), page 3, line 43, after
"(3) (c)" insert "(I)".

Page 4, after line 5, insert:

"(II) THIS SUBSECTION (3)(c) DOES NOT PROHIBIT AN ASSOCIATION
FROM ASSERTING CLAIMS ON BEHALF OF TWO OR MORE UNIT OWNERS THROUGH
A SINGLE ACTION.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)

Senate Journal, April 10
SB24-106 by Senator(s) Zenzinger and Coleman, Buckner, Gardner, Ginal, Kirkmeyer, Liston,
Mullica, Pelton R., Roberts, Simpson, Will; also Representative(s) Bird, Bradfield,
Clifford, Frizell, Lindstedt, Lynch, Pugliese, Snyder, Taggart, Wilson, Winter T.--
Concerning legal actions based on claimed defects in construction projects.

Senator Kolker moved to amend the Report of the Committee of the Whole to show that
the following Cutter floor amendment, (L.103) to SB24-106, did pass.

Amend the Zenzinger floor amendment (SB106_L.099), page 3, strike lines
25 through 30 and substitute:

"(d) A AN UNREASONABLE risk of bodily injury or death to, or a threat to the
life, health, or safety of, the occupants of the residential real property; OR
(e) AN UNREASONABLE REDUCTION IN THE CAPABILITY OF, OR AN ACTUAL
FAILURE OF, A BUILDING COMPONENT TO PERFORM AN INTENDED FUNCTION
OR PURPOSE.".

Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 11 NO 23 EXCUSED 1 ABSENT 0
Baisley N Ginal N Marchman Y Simpson N
Bridges N Gonzales Y Michaelson N Smallwood N
Buckner N Hansen N Mullica N Sullivan Y
Coleman N Hinrichsen N Pelton B. N Van Winkle N
Cutter Y Jaquez Y Pelton R. N Will N
Danielson Y Kirkmeyer N Priola Y Winter F. E
Exum Y Kolker Y Rich N Zenzinger N
Fields N Liston N Roberts N President Y
Gardner N Lundeen N Rodriguez Y

Senate Journal, April 11
SB24-106 by Senator(s) Zenzinger and Coleman, Buckner, Gardner, Ginal, Kirkmeyer, Liston,
Mullica, Pelton R., Roberts, Simpson, Will; also Representative(s) Bird, Bradfield,
Clifford, Frizell, Lindstedt, Lynch, Pugliese, Snyder, Taggart, Wilson, Winter T.--
Concerning legal actions based on claimed defects in construction projects.

A majority of those elected to the Senate having voted in the affirmative, Senator
Zenzinger was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.129) , by Senator Zenzinger.

Amend engrossed bill, page 6, line 18, strike "SECTION 38-33.3-303.5 (1)(c)"
and substitute "SUBSECTION (1)(c) OF THIS SECTION".

The amendment was passed on the following roll call vote:

YES 29 NO 4 EXCUSED 2 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales N Michaelson Y Smallwood Y
Buckner Y Hansen Y Mullica Y Sullivan N
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter E Jaquez N Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola N Winter F. E
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 25 NO 8 EXCUSED 2 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales N Michaelson Y Smallwood Y
Buckner Y Hansen Y Mullica Y Sullivan N
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter E Jaquez N Pelton R. Y Will Y
Danielson N Kirkmeyer Y Priola N Winter F. E
Exum Y Kolker N Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President N
Gardner Y Lundeen Y Rodriguez N