2012 Benefits and Payroll
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB12-1082Prevailing Compensation On Public Works Projects SOPER The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to:
* Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
* Post the prevailing wages and fringe benefits;
* Pay workers at least once a week;
* Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
* File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill:
* Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
* Establishes a private right of action;
* Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
* Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively. 
01/25/2012 House Committee on Local Government Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1127Unemployment Ins Rate Reduction New Employers LISTON The current unemployment insurance premium rate for new employers is 0.0170. In legislation enacted in 2011 (House Bill 11-1088), once solvency in the unemployment insurance fund is achieved, the rate for new employers would increase. This bill eliminates this rate increase and keeps the rate at 0.0170 after solvency in the unemployment insurance fund is reached. 03/19/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
HB12-1142New PERA Employee Defined Contribution Plan Choice DELGROSSO In addition to its defined benefit plan, the public employees' retirement association (PERA) administers a defined contribution retirement plan. The law currently allows only specified state employees to participate in PERA's defined contribution plan. The bill would allow all employees who are members of PERA to participate as well. Newly eligible employees would be given an initial period to elect to join the defined contribution plan. Thereafter, the existing law governing participation and termination of membership in the defined benefit and contribution plans would control. 03/23/2012 House Committee on Appropriations Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1145State Personnel Total Compensation Policies BRADFORD The bill makes the following changes to the total compensation laws affecting state employees:
* A statutory provision specifying that state employees are typically hired at the minimum rate in a pay grade unless there is a showing of recruiting difficulty or other unusual condition is amended to specify that employees are typically hired at the mid rate.
* References to the "annual compensation report" and "annual compensation survey" are changed to the "total compensation report" and "total compensation survey". The total compensation report of the state personnel director is required to be published every 2 years instead of every year.
* A provision governing the manner in which holidays and paid leave are counted for certain employees performing essential services is repealed.
* The children of employees are considered dependents for group benefit purposes up to the age of 26, unless the United States supreme court finds the federal "Patient Protection and Affordable Care Act" to be unconstitutional, in which case the current statutory provisions defining children as dependents will be reinstated. 
03/01/2012 House Committee on Economic and Business Development Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1150PERA Seven Year Highest Average Salary Calculation PRIOLA / LAMBERT Current law averages the 3 highest annual salaries of a member of the public employees' retirement association when calculating that member's retirement benefit amount. The bill increases the number of highest annual salaries used from 3 to 7 for members who are first eligible to retire on or after January 1, 2013. 04/12/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1250PERA Health Care Trust Fund Employer Contributions HOLBERT / HARVEY The public employees' retirement association (PERA) administers a health benefits program for governmental employers within PERA who elect to belong to the program. Currently, a portion of the employer's share of contributions to PERA equal to 1.02% of its employees' salaries is paid into the PERA health care trust fund (trust fund). These moneys, along with interest and investment income in the trust fund, are used to provide a premium subsidy for retirees to purchase health care coverage through the program. Retirees pay the difference between the amount of the subsidy and the premium for the particular health plan they select. The amount of the subsidy increases for each year of service credit the retiree earned as an employee, with a full subsidy provided to retirees with 20 or more years of service credit. The full subsidy currently specified in law is $230 for retirees who are not eligible for medicare and $115 for retirees who are eligible for medicare. The PERA board is authorized to change the amount of the subsidy by rule. Beginning January 1, 2013, the bill modifies the way employers contribute towards the premium subsidy for PERA retirees. Instead of contributing based on the amount of current employees' salaries, the bill requires employers to contribute an amount equal to the subsidies paid out on behalf of retirees each year. The amount of the subsidy continues to be specified in statute; however, it cannot be modified by the PERA board and any future changes to the subsidy may only be made by the general assembly acting by bill. The premium subsidy for retirees who are eligible for medicare is also eliminated. 02/23/2012 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-002Civil Unions STEADMAN The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill. The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund. The legal benefits, protections, and responsibilities that are granted under the law to spouses apply in like manner to parties to a civil union, including the following:
* Responsibility for financial support of a party to a civil union;
* Rights and abilities concerning transfer of real or personal property to a party in a civil union;
* The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;
* Prohibitions against discrimination based upon spousal status;
* The ability to inherit real and personal property from a party in a civil union under the probate code;
* Priority for appointment as a conservator, guardian, or personal representative;
* Survivor benefits under and inclusion in workers' compensation laws;
* The ability to adopt a child of a party to a civil union;
* The ability to insure a party to a civil union under group benefit plans for state employees;
* The ability to designate a party in a civil union as a beneficiary under the state public employees retirement system;
* Survivor benefits under local government firefighter and police pensions;
* Protections and coverage under domestic abuse and domestic violence laws;
* Rights and protections under victims' compensation laws and victims and witness protection laws;
* Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation;
* Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment;
* The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home;
* Rights relating to declarations concerning the administration, withholding, or withdrawing of medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union;
* Rights concerning the disposition of the last remains of a party to a civil union;
* The right to make decisions regarding anatomical gifts;
* Eligibility for family leave benefits;
* Eligibility for public assistance benefits;
* A privilege from providing compelled testimony against a party in a civil union and evidentiary privileges for parties to a civil union;
* The right to apply for emergency or involuntary commitment of a party to a civil union;
* The right to claim a homestead exemption;
* The ability to protect exempt property from attachment, execution, or garnishment;
* Dependent coverage under life insurance; and
* Dependent coverage under health insurance policies; except that this provision is effective for plans issued, delivered, or renewed on or after January 1, 2013. The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union. The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. Notwithstanding any provision of law to the contrary, the Act shall not be interpreted to require a child placement agency to place a child for adoption with parties to a civil union. The Act includes a reciprocity and principle of comity section that states that a relationship between persons of the same sex that does not comply with section 31 of article II of the state constitution that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union, domestic partnership, or a substantially similar legal relationship that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law. A severability clause is included in the Act. The executive director of the department of revenue is authorized to appoint a study commission to investigate and report on what changes in the law could be made to ensure equitable tax treatment and to allow parties to a civil union to file a joint state tax return without violating the federal tax laws. Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union. A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A person who has entered into a designated beneficiary agreement under Colorado's designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement. The bill makes other conforming amendments. The bill takes effect October 1, 2012; except that the provision relating to the inclusion of a partner in a civil union as a dependent on a health insurance policy takes effect January 1, 2013. 
05/08/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
NOT ON CALENDARAnarchy, chaos behind Colorado civil unions bill may have long-lasting effects
Civil union bill failure could benefit Dems
Amy Stephens: Clearing up the smokescreen surrounding the civil unions bill
Summit gays mourn death of civil unions bill
Colorado House speaker set trend aside in opposing civil unions
SB12-046Discipline In Public Schools NEWELL / NIKKEL Legislative Task Force to Study School Discipline. The bill amends the statutory grounds for suspension or expulsion of a student to increase the discretion of school administrators and school district boards of education (local boards). The only circumstances under which expulsion remains mandatory are those that involve a student who is determined to have brought a firearm to school or possessed a firearm at school. The bill defines the terms "suspension", "in-school suspension", "out-of-school suspension", and "expulsion". The bill relocates, with substantive amendments, certain statutory provisions concerning school conduct and discipline codes (codes) and safe school reporting requirements. Each code shall include criteria distinguishing minor code violations from behavior that will result in the referral of an offending student to a law enforcement agency. Each code shall include a specific policy concerning the prevention of sexual assault and domestic violence. Each public school of a school district shall require each student enrolled in the public school to be familiar with the provisions of the code. In creating and enforcing a code, each local board shall:
* Ensure that the code is designed to protect students from harm, provide opportunities for students to learn from their mistakes, foster a positive learning community, keep students in school, and implement a graduated set of age-appropriate responses to misconduct that are fair and proportionate in relation to each student's individual conduct;
* To the extent practicable, limit the use of out-of-school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat to the safety of pupils and staff; and
* To the extent practicable, use prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct. In creating a code, each local board shall solicit and consider input from the school district accountability committee of the school district and a local or statewide law enforcement agency. To the extent practicable, each local board shall assist teachers and other school employees, as may be appropriate, in obtaining training in conflict resolution in and out of the classroom, disciplinary alternatives, and restorative justice for the purpose of preventing violations of the school district's code. If a student is suspended from school, the suspending authority shall provide an opportunity for the student to make up school work during the period of suspension for full academic credit. The report of code violations that is required of each school principal as part of the safe school reporting requirements shall specifically identify each violation that resulted in referral to a law enforcement agency. On and after October 1, 2012, the peace officer standards and training (P.O.S.T.) board shall create and provide a training curriculum to prepare peace officers to serve as school resource officers. In creating the training curriculum, the P.O.S.T. board shall solicit and, to the extent practicable, implement the suggestions of relevant stakeholders. On and after October 1, 2013, neither a school administrator nor a local board shall accept the assignment of a peace officer acting in his or her official capacity as school resource officer in a public school unless the peace officer has successfully completed the school resource officer training program. 
05/08/2012 House Second Reading Laid Over Daily
NOT ON CALENDARNo news items found
SB12-082PERA Retirement Age Same As Social Security HARVEY A person's qualification to receive a retirement benefit from social security is based upon the person's age. Currently, the age requirement is between the ages of 65 and 67, depending on the person's birth date, for full retirement and 62 for reduced retirement. A person's qualification to receive a retirement benefit from the public employees' retirement association (PERA) is currently based on the person's age, when the person started employment with a PERA employer, and the number of years of service credit the person has earned. For a new PERA employee hired on or after January 1, 2013, the bill makes the eligibility requirement to receive a PERA retirement benefit the same as the requirement to receive a retirement benefit from social security at the time the employee commences employment. 02/09/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-084PERA Transparency LAMBERT / SWALM All information contained in the records of a member or retiree of the public employees' retirement association (PERA) is currently confidential. The bill would allow for the annual disclosure of specific information related to members and retirees who have ever been elected officials or cabinet-level appointees of elected officials. 02/14/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-149Allow Local Gov Retirement Plan Modifications STEADMAN / PRIOLA S.B. 12-149 Defined benefit plans - modification of benefits and age and service requirements. Until July 1, 2017, the board of a defined benefit plan or system created by a local government is authorized to modify the benefits and the age and service requirements for any such plan or system when the board determines the modification is required to ensure the sustainability of the plan or system. Any modifications to the benefits and age and service requirements shall not adversely affect vested benefits already accrued by members of such defined benefit plans or systems, including, but not limited to, members who are retired or eligible to retire as of the effective date of the modifications, unless otherwise permitted under or required by Colorado or federal law. Boards of defined benefit plans or systems are required to provide written notice to each member, inactive member, and beneficiary that the possibility of a reduction of benefits to ensure the sustainability of the plan or system could occur in the future. APPROVED by Governor May 29, 2012 EFFECTIVE May 29, 2012 05/29/2012 Governor Action - Signed
NOT ON CALENDARNo news items found