2012 Human Resources

Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB12-1059Military Spouse Practice Occupation Profession LOOPER The bill authorizes military spouses to practice in a regulated profession or occupation other than real estate for one year if the spouse is licensed, registered, or certified to practice in another state; there is no other reason to deny the license; and the person consents to be governed by Colorado law. If applying for authority to continue to practice in Colorado, the applicant must notify the agency that the person is practicing in Colorado and include the contact information for the applicant's employer. If the agency denies the application, the agency notifies the employer. The director of the division of registrations may promulgate rules to implement the bill. The bill also directs agencies to exempt regulated persons who are on active duty for more than 120 days from the requirement to pay certification fees and complete continuing education that became due during the period of active duty, with the exemption continuing for 6 months after the period of active duty. An agency may accept continuing medical education, training, or service from the armed services in satisfaction of Colorado continuing education requirements. A service member or spouse who is an emergency medical service provider certified or licensed in another state is exempt from certification in Colorado. The term "emergency medical technician" is changed to "emergency medical service provider" to align with the trend in other states. 06/08/2012 Governor Action - Signed
NOT ON CALENDARRelease: LooperÂ’s measure to help military spouses find employment to go in effect
Gov. Hickenlooper finishes signing bills passed this year by the General Assembly
HB12-1062Employment Protections For Colorado Peace Officers BARKER The bill declares that rights and protections afforded to peace officers are a matter of statewide concern. An agency that employs a peace officer (employing agency) shall not enter into a peace officer's personnel file any comment or material that is adverse to the peace officer unless the peace officer is given an opportunity to:
* Review the comment or material;
* Receive a copy of the comment or material; and
* Respond to the comment or material in writing. If a peace officer reviews any such comment or material, he or she may sign it upon completing his or her review. The signature indicates only that the peace officer is aware of the comment or material and does not constitute a confirmation by the peace officer of the accuracy of the comment or material. If the peace officer refuses to sign the comment or material, the employing agency shall include with the comment or material an acknowledgment of the peace officer's refusal. If the peace officer prepares a written response, the employing agency shall place it in the peace officer's personnel file. A peace officer shall have the same right to engage in political activities as is afforded to each resident of the state so long as he or she is not on duty or in uniform. Neither an employing agency nor any person may coerce or require a peace officer to engage in political activity. A peace officer may form, join, support, or participate in an employee organization or its lawful activities. An employing agency shall not retaliate or discriminate against a peace officer for joining or advocating for any employee organization or for advocating for the formation thereof. A peace officer, other than a peace officer who has not yet completed a reasonable initial new-hire probationary period, is subject to disciplinary action only for just cause. A peace officer who is accused of a violation of law or of a policy of his or her employing agency (violation) is presumed innocent, and an investigation into such an allegation shall be conducted in a fair and impartial manner. Before an employing agency imposes any disciplinary action upon a peace officer, the peace officer has the right to be heard during a meeting with a designated representative of the employing agency. A peace officer who is accused of a violation is entitled to have a peace officer representative present during any meeting with one or more members of the employing agency, or with a representative of the employing agency, if the peace officer reasonably believes the meeting may result in disciplinary action against him or her. Each employing agency shall establish a fair and just appeal process to allow a peace officer who is subjected to disciplinary action to challenge the disciplinary action or to assert that the employing agency lacked just cause to impose the disciplinary action. The appeal process includes a hearing that provides the disciplined peace officer with due process, including but not limited to the right to have a peace officer representative present, offer live testimony, offer documentary evidence, and cross-examine any witness who offers testimony against him or her. The hearing is confidential unless the disciplined peace officer waives such confidentiality. Any document generated or presented in connection with the hearing shall be treated as a personnel record and is subject to the legal protections afforded to personnel records. An employing agency shall not adopt any regulation, ordinance, policy, or procedure preventing a peace officer from filing a civil suit arising from the performance of his or her duties as a peace officer. An employing agency shall not discharge, demote, or discipline; or deny promotion, transfer, or reassignment to; or otherwise discriminate against; or threaten any such action against a peace officer as retaliation for the peace officer's lawful exercise of his or her rights. 
02/27/2012 House Committee on Local Government Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1088Deadly Force Against Intruder At Place Of Business HOLBERT / GRANTHAM The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses. 03/05/2012 Senate Committee on State, Veterans & Military Affairs 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
HB12-1134Prohibit Job Discrimination Against Unemployed PABON The bill prohibits an employer, employer's agent, employer's representative, or employer's designee (referred to as "employer") from publishing, in print or on the internet, an advertisement for any job vacancy that contains a provision that states:
* The qualifications for a job include current employment;
* An application for employment will not be considered if the applicant is currently unemployed; or
* Only applications submitted by job applicants who are currently employed will be considered. An employer who violates the provisions of the bill is subject to a civil penalty. The bill also clarifies that the prohibitions regarding advertising do not establish a private cause of action by an aggrieved person. 
02/21/2012 House Committee on Economic and Business Development Postpone Indefinitely
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
HB12-1163Conditional & Provisional Peace Officer Status WALLER The bill repeals the peace officers standards and training board's authority to grant conditional peace officer status. A peace officer may be granted provisional peace officer status if he or she has been a certified peace officer in good standing in another jurisdiction in the last 3 years. 03/22/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
HB12-1210Recognition Out-of-state Professionals To Practice BEEZLEY / JAHN The bill allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado. 03/15/2012 Senate Committee on Health and Human Services Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1245Health Care Options Gov Employees FIELDS The bill creates a 13-member group purchase of health care insurance by government employees task force (task force) to meet in the 2012 interim to study issues involving the pooling of resources among state and local government employees in the state to purchase health care insurance and related products, report its findings and recommendations, and, if appropriate, propose statutory modifications. The bill specifies the required qualifications of the members of the task force and additional requirements governing the appointing authorities and procedures of the task force. The task force is required to study, make recommendations, and report findings on all matters relating to the group purchase of health care insurance by government employees, including, without limitation, innovative solutions and strategies for leveraging the purchasing power of state and local governments to expand health care coverage for the employees of such governments and their families at the lowest cost to the taxpayer while addressing any impediments to such goals provided by federal or state law. The task force is required to submit a written report of its findings and recommendations to the relevant committees of the general assembly by December 15, 2012. The task force is required to meet at least 4 times, with the first meeting occurring no later than August 1, 2012. Meetings of the task force are public meetings. The task force is required to solicit and accept reports and public testimony and may request other sources to provide testimony, written comments, and other relevant data to the task force. Members of the task force will serve without compensation and will not be reimbursed for their expenses. Any staff assistance required by the task force shall be performed by existing employees of the department of personnel within existing appropriations. 03/28/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARRelease: Updated: Gov. HickenlooperÂ’s statewide bill signing tour schedule
HB12-1257Health Care Consumer & Provider Protections KEFALAS / BOYD The bill clarifies that an intermediary between a health insurance carrier and health care provider is a "person or entity" for purposes of complying with health care contract disclosure requirements. Each health care provider who provides outpatient health care or treatment is required to disclose to a patient the right to request the nondiscounted charge for the care or treatment and, upon request, make that information available before the scheduling of care or treatment. Each health insurance carrier shall:
* Provide notice to covered persons advising them of the relationship with the third-party administrator, the policyholder, and the insurance carrier;
* Disclose to the covered person all charges, fees, and commissions paid to the third-party administrator; and
* Prohibit a third-party administrator from altering a health care provider's charges or adding charges to any of the insurance claims submitted by a health care provider. Each carrier must disclose to each covered person any charges for administrative costs that are in addition to the charges for the care or services provided by the health care provider. The bill makes technical corrections to the law concerning the contractual relationship with a third-party intermediary. Current law uses the term "intermediary" when the proper entity is "third-party administrator". 
03/07/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1309Colorado Mandatory E-verify Act SWALM / KING K. Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the "Colorado Mandatory E-verify Act", which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a 6-month suspension of the employer's business licenses. The department of labor and employment (department) must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the act on its web site. 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
NOT ON CALENDARNo news items found
HB12-1321Modernization Of The State Personnel System Act FERRANDINO / JOHNSTON The state personnel system (system) is established in the state constitution. The following changes are contingent upon the voters approving an amendment to the constitutional provisions related to the system in 2012:
* Merit principles. The bill makes changes to reflect that appointments and promotions will be based on a comparative analysis of candidates based on objective criteria instead of competitive tests of competence. Section 9 of the bill requires the state personnel director (director) to develop evaluation and examination procedures, describes a comparative analysis and its acceptable forms, and makes conforming amendments related to the change.
* Exemptions. Section 12 of the bill requires the director to establish procedures to approve the exemption of an employee from the state personnel system pursuant to the newly created constitutional exemptions.
* Rule of 6. Section 9 of the bill makes changes to reflect that the number of persons eligible for appointment within the system is increased from the 3 highest persons on the eligible list to the 6 highest.
* State personnel board. Section 5 makes conforming amendments to reflect the constitutional changes related to the state personnel board and eliminates language that duplicates constitutional language.
* Temporary employment. Section 10 of the bill reflects the new constitutional limit on the length of temporary employment and establishes a 4-month waiting period between temporary appointments for the same position. For persons within the state personnel system, the bill replaces the performance awards with merit pay. Section 6 of the bill establishes the following features of the merit pay system:
* The purpose of the merit pay system is to provide salary increases for employees in the state personnel system based on performance evaluations and salary positions within the appropriate salary range;
* The initial system must include quartiles for the salary range distribution and 3 performance categories, but the director may change the number of distribution zones or performance categories based on a biennial review;
* The director shall establish one or more priority groups of employees that have priority to receive merit pay based on available moneys;
* An institution of higher education is permitted to enact its own merit pay system;
* Merit pay is subject to available appropriations;
* The general assembly is required to appropriate any moneys for merit pay in the personal services line item;
* The director must include information about merit pay in the annual compensation report and recommendations; and
* The state employee reserve fund is created with separate accounts for each principal department. If a department does not expend all of the moneys in its operating or personal services line item appropriation, the treasurer is required to transfer an amount equal to the unused appropriation to the department's account. Moneys in a department's account are continuously appropriated to the department to be used for merit pay, but the director of the office of state planning and budgeting must approve such use. In addition, section 8 of the bill requires each department to include the costs of merit pay as part of the costs of personal services in the annual departmental budget requests. Conforming amendments related to merit pay are included in sections 4, 7, and 13 of the bill. Section 11 of the bill makes the following changes related to persons in the system who are separated from state service due to lack of work, lack of funds, or reorganization:
* Bumping rights, which allow a separated employee to take the job from a person with less seniority, are limited to those persons who, as of January 1, 2013, are within 5 years of being eligible for full retirement;
* The director is required to establish by rule procedures for the separation and demotion of certified employees who do not have bumping rights, which procedures give consideration to performance evaluations and seniority;
* All departments are required to consider placing an employee who would otherwise be separated into a funded, vacant position for which the employee is qualified; and
* The director is required to create a layoff plan that may be used by a department to provide postemployment compensation or other benefits to a separated employee, which may include a hiring preference, health benefits, educational training, and severance pay. Section 3 of the bill establishes an exception for the postemployment compensation authorized by the layoff plan established by the director from the current prohibition on such compensation to any government-supported official or employee. The changes related to merit pay, bumping rights, and severance awards are not contingent on the voters approving an amendment to the state constitution. 
06/06/2012 Governor Action - Signed
NOT ON CALENDAREmployed by the state? A merit raise could be in your future
HCR12-1001State Personnel System FERRANDINO & ... / JOHNSTON & ... *** No bill summary available *** 05/08/2012:48 AM 04:10 Signed by the President of the Senate
NOT ON CALENDARNo news items found
SB12-003Permissible Use Of Credit Information By Employers CARROLL / FISCHER The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer"). Specifically, the bill:
* Prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job;
* Requires an employer to disclose to an employee or applicant for employment (jointly, "employee") when the employer uses the employee's consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
* Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
* Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information. 
03/19/2012 House Committee on Local Government Postpone Indefinitely
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
SB12-111Full-time Equivalent Employees Dept Reporting HODGE / LEVY S.B. 12-111 Full-time equivalent employees - departmental reports. The act makes the following changes to a departmental report related to full-time equivalent employees (FTEs): The report will be prepared on an annual basis; A department is not required to reconcile the number of positions authorized with the number of payroll warrants issued; The department of higher education is to report the number of positions authorized at each institution of higher education; and Each department will submit its reconciliation or report to the department of personnel, and the department of personnel will submit the report to the office of state planning and budgeting and the joint budget committee. APPROVED by Governor March 19, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 03/19/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-119PERA Fiscal Sustainability NEVILLE / HOLBERT The bill requires the board of the public employees' retirement association (PERA) to adjust the provisions governing service credit, service retirement, benefit amounts, annual benefit increases, and other benefit requirements for each PERA division when the amortization period for the division exceeds 30 years or when indicated by actuarial experience. The board is required to make the adjustments as equitably as possible and only to the extent necessary to maintain the long-term actuarial soundness of each trust fund. Adjustments shall be calculated to make each trust fund actuarially sound within one year of implementing the adjustment. The board and the general assembly are prohibited from increasing the combined rate of member contributions, employer contributions, amortization equalization disbursements, and supplemental amortization equalization disbursements above the combined rate of such contributions and disbursements authorized by law as of December 31, 2011. 02/09/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-155Transparency Of Elections & CORA HEATH / COURT The bill prohibits the designated election official (official) from fulfilling a request under the "Colorado Open Records Act" (CORA) for the public inspection of either ballots or ballot images arising out of any election in the state during the period commencing with the 45th day preceding election day and concluding with the date by which the official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question. The stay required by the bill does not apply to a recount undertaken as provided by law. As with other public records open for inspection by the public under CORA, an interested party may inspect ballots in connection with the recount without having to obtain a court order granting such inspection. In connection with the public inspection of ballots that an interested party is authorized to undertake in connection with a recount, the bill permits an interested party to witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted but prohibits the interested party from handling the original ballots. Prior to and later than the stay period required by the bill, election records and ballots are required to be made available for inspection by the public in accordance with the following requirements:
* The original election records or ballots are required to remain in the custody of the official or his or her designee. In the discretion of the official or his or her designee, and subject to the requirements of the bill and existing CORA requirements, the official or his or her designee is obligated to determine the manner in which such records or ballots may be viewed by the public.
* The designated election official or his or her designee is required to cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;
* To protect the privacy of particular electors, any ballots cast by electors within groups of discrete individuals who are more susceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballots may be duplicated without identifying elector information. Insofar as such ballots are not able to be duplicated without identifying elector information, they are not available for public inspection. The bill prohibits any ballot, or any portions or pages of a ballot, from being made available for inspection where the ballot, or any portion thereof, is identical in such form, considering a combination of the election contests at issue and precinct coding, to only 9 or fewer ballots, or portions thereof, among all ballots used in the same election. However, any such ballot, or any portion thereof, that is equal in such form to 10 or more ballots, or any portions thereof, used in the same election may be inspected.
* To protect the privacy of particular electors, ballots made available for inspection may be presented in any random order selected by the official or his or her designee;
* For the purpose of minimizing the costs of making ballots available for public inspection, the person seeking the inspection may indicate the candidate contest, ballot issue, or ballot question for which the person seeks to inspect the ballots; and
* Any actual costs incurred by the office of the official in making the election records and ballots available for inspection may be charged to the person requesting the inspection of the records or ballots. If the official selects a person other than an employee of his or her office to conduct the duties required by the bill, the actual costs to be charged the person seeking inspection are limited to the actual costs that would have been incurred if the work involved in complying with the requirements of the bill was completed by an employee of the official. The bill specifies that its provisions shall not affect either the ability of a person to serve as a watcher or the operation of a canvass board. 
05/08/2012 House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole
NOT ON CALENDARHickenlooper should veto ballot access measure