Colorado Womens Bar Association
Legislative Update

Colorado Womens Bar Association

HB16-1001 State Contract Certify Compliance With Equal Pay Laws 
Comment: Sarah Parady to testify in House Business Committee
Priority:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: State Contract Certify Compliance With Equal Pay Laws
Sponsors: J. Danielson | J. Buckner / J. Ulibarri
Summary: The bill requires a business that bids for a contract with a governmental body to be in compliance with the equal pay standards specified in the bill; except that this requirement does not apply to businesses that have 50 or fewer employees.

A business that is awarded a contract is required to include in the contact for subcontractor that it uses to fulfill the terms of the contract that the subcontractor is in compliance with the equal pay standards specified in the bill.

All businesses that are awarded contracts by a governmental body or that are subcontractors for a business that was awarded a contract by a governmental body are required to keep and maintain certain information related to their employees, broken down into categories by race, sex, and national origin, for the term of the contract with the governmental body.

The department of labor and employment (department) may receive complaints about a contractor or subcontractor's potential violation of the equal pay requirements specified in the bill and may investigate the records that the contractor or subcontractor, as applicable, is required to keep. If the department determines that the contractor or subcontractor, as applicable, has knowingly violated the equal pay standards, the department may impose a specified fine on the contractor or subcontractor.

If, after awarding a contract to a business, a governmental body determines that the business was knowingly not in compliance with the equal pay standards required by the bill, the governmental body may terminate the contract.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB16-1033 Travel Costs & Members Human Trafficking Council 
Comment:
Priority:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Travel Costs & Members Human Trafficking Council
Sponsors: MCCANN / KEFALAS
Summary: The bill states that members of the Colorado human trafficking council (council) may be reimbursed for actual travel expenses incurred in the performance of their duties. The bill also replaces the council member appointed by the commissioner of agriculture with a new member representing the judiciary branch, to be appointed by the chief justice of the supreme court.
Status: Governor Signed

HB16-1072 No Statute Limitations Sexual Assault 
Comment:
Priority:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: No Statute Limitations Sexual Assault
Sponsors: R. Fields | J. Cooke
Summary: The bill eliminates the statute of limitations for felony sexual assault.

(Note: This summary applies to this bill as introduced.)
Status: House Committee on Judiciary Postpone Indefinitely

HB16-1113 Protect Human Life At Conception 
Comment:
Priority:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Protect Human Life At Conception
Sponsors: S. Humphrey / K. Lundberg
Summary: The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition:
  • A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and
  • A licensed physician provides medical treatment to the mother that results in the accidental or unintentional injury to or death of the unborn child.

The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the termination of the life of an unborn child prohibition constitutes unprofessional conduct for purposes of physician licensing.

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

Status: House Committee on Health, Insurance, & Environment Postpone Indefinitely

HB16-1115 No Record Sealing Municipal Domestic Violence 
Comment:
Priority:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: No Record Sealing Municipal Domestic Violence
Sponsors: K. Van Winkle
Summary: Under current law, conviction records related to municipal offenses are eligible for record sealing. The bill prohibits sealing a municipal assault or battery conviction or any other municipal conviction, if the conviction involves the underlying factual basis of domestic violence.

(Note: This summary applies to this bill as introduced.)
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB16-1123 Religious Freedom Of Certain Religious Persons 
Comment:
Priority:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Religious Freedom Of Certain Religious Persons
Sponsors: G. Klingenschmitt / K. Lundberg
Summary: Section 2 of the bill grants an exemption to clergy, ministers, and religiously affiliated organizations from any requirement to participate in religious or other ceremonies, including marriage, that would conflict with their sincerely held religious beliefs. The bill does this by amending the public accommodations laws to specify that for the purpose of the solemnization of any marriage or religious ceremony or for providing services, accommodations, facilities, goods, or privileges related to the solemnization of any marriage or religious ceremony, 'place of public accommodation' does not include a place principally used by a religious organization, an organization supervised or controlled by a religious organization, or an organization with a connection to a religious organization. Section 2 of the bill further amends the public accommodations laws to specify that for the purpose of the solemnization of any marriage or religious ceremony or for providing services, accommodations, facilities, goods, or privileges related to the solemnization of any marriage or religious ceremony, 'person' does not include a clergy member, a minister, or an individual acting within the scope of his or her employment with a religious organization, an organization supervised or controlled by a religious organization, or an organization with a connection to a religious organization. The bill specifies that a refusal to provide services by a clergy member, a minister, or an individual associated with a religious organization is not the basis for a civil or criminal action or any other action by this state or political subdivision of this state.

Section 3 of the bill amends the city and county sales tax ordinance laws to require a city and county to include the state exemption for charitable organizations in their sales tax ordinances.

Sections 4 through 7 of the bill specify in certain tax laws that the tax exempt status of an organization exempt from taxation under federal tax law may not be withheld if the organization, or an employee acting within the scope of that employment, chooses not to solemnize any marriage or religious ceremony or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization of any marriage or religious ceremony if the action would cause the organization to violate a sincerely held religious belief.

(Note: This summary applies to this bill as introduced.)
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB16-1156 Extend Pay Transparency Protection All Employees 
Comment: Sarah Parady to testify in House Business Committee
Priority:
Position: Support
Calendar Notification: Monday, April 11 2016
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 356
(3) in senate calendar.
Short Title: Extend Pay Transparency Protection All Employees
Sponsors: DANIELSON
Summary: Current law states that it is a discriminatory and unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages, unless otherwise permitted by federal law. Federal law exempts certain classes of employers from discrimination laws. The bill strikes the reference to that exemption and extends the current law to those classes of employers, thereby providing discrimination protections to all employees.
Status: Senate Third Reading Reconsidered - No Amendments

HB16-1166 Prohibit Seeking Salary History For Job Applicants 
Comment:
Priority:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Prohibit Seeking Salary History For Job Applicants
Sponsors: B. Pettersen | F. Winter / K. Donovan
Summary: The bill makes it an unfair employment practice for an employer to seek salary history information, including compensation and benefits, about an applicant for employment.

(Note: This summary applies to this bill as introduced and does not reflect any amendments that were subsequently adopted.)
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB16-1167 Colorado Family First Employer Act 
Comment:
Priority:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Family First Employer Act
Sponsors: F. Winter | B. Pettersen / K. Donovan | N. Todd
Summary: The bill creates the 'Colorado Family First Employer Act'. The Colorado family first employer program, created in the bill, requires the department of labor and employment (department) to establish a program that designates Colorado employers that meet certain family-friendly criteria as Colorado family first employers. The office of the governor is authorized to recognize the employers who have been certified by the department with an award. The designated employers may use a logo, created by the office of the governor, for promotional purposes.

(Note: This summary applies to this bill as introduced and does not reflect any amendments that were subsequently adopted.)
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB16-1224 Treat Trafficking Of Children As Child Abuse 
Comment:
Priority:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Treat Trafficking Of Children As Child Abuse
Sponsors: LUNDEEN
Summary: The bill amends the statutory definition of "child abuse or neglect" to include any case in which a child is subjected to human trafficking for involuntary servitude or human trafficking for sexual servitude. If a county or district department of human or social services (county department) reasonably believes that a child has been subjected to human trafficking, it shall immediately offer social services to the child and to his or her family, and the county department may file a petition in court on behalf of the child. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody. The department of human services and each county department shall implement a uniform screening tool that includes questions that are intended to identify children who are victims of human trafficking for involuntary servitude or human trafficking for sexual servitude or who are at risk of being such victims.
Status: Governor Signed

HB16-1316 Change Venue Children In Out-of-home Placement 
Comment:
Priority:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Change Venue Children In Out-of-home Placement
Sponsors: ROSENTHAL / COOKE
Summary: Under the "Colorado Children's Code", venue for commencing child welfare proceedings is the county in which the child resides or is physically located, and the law allows for the transfer of venue to another county in certain circumstances. The bill sets forth the procedures for determining proper venue and for transferring the case to another county when a child is placed in the legal custody of a county department of social or human services (county department) and the child is initially placed in out-of-home placement in another county. The bill states that for purposes of determining proper venue, a child who is placed in the legal custody of a county department shall be deemed for the entire period of placement to reside in the county in which the child's legal parent or guardian resides or is located, even if the child is physically residing in a foster care or residential facility located in another county. In that circumstance, the court shall not transfer venue during the period of out-of-home placement to any county other than to the county in which the child's legal parent or guardian resides or is located. Under current law, when proceedings are commenced in a county other than that of the child's residence, the court in which the proceedings were initiated may, on its own motion or on the motion of an interested party, file a motion to transfer the case to the court in which the child's legal parent or guardian resides as long as the transfer is not detrimental to the best interests of the child and adjudication has taken place or the case has been continued. The bill clarifies the circumstances when a case may not be transferred and adds to the statute factors that are in rule where transfers should not occur, including:
* Where the legal parent or guardian has a history of frequent moves unless there is evidence of stability in the most recent move indicating an intent to remain in the new residence for 6 or more months;
* The transfer will disrupt continuity or provision of services;
* The case is likely to close within 3 to 6 months;
* The case is an expedited permanency planning case for a child under 6 years of age, unless the presumption that a transfer of proceedings is not in the best interest of the child has been rebutted by a preponderance of the evidence. The bill sets forth the requirements for notifying the county attorney in the receiving county that a motion to change venue has been filed and states that the attorney for the receiving county has a right to file responsive pleadings and appear at the hearing.
Status: 04/21/2016 Governor Signed

HB16-1320 Regulation of Massage Therapy 
Comment:
Priority:
Position: Monitor
Calendar Notification: Thursday, September 15 2016
GENERAL ORDERS - SECOND READING OF BILLS
(6) in house calendar.
Short Title: Regulation of Massage Therapy
Sponsors: FOOTE / COOKE
Summary: The bill removes specific exemptions from the practice of massage therapy and clarifies that other licensed health care professionals may practice massage therapy without a massage therapist license as long as the therapy is within the health care professional's scope of practice. The bill also requires a licensed massage therapist to be at least 18 years of age. Current law allows the director of the division of professions and occupations within the department of regulatory agencies (director) to deny a license to an applicant or discipline a licensee if the person has been convicted of or pled guilty to a charge of sexual misconduct or a prostitution-related offense. The bill adds the crime of human trafficking to the list of existing offenses and includes a plea of nolo contendere or a receipt of a deferred sentence as reasons the director may deny a license or take disciplinary action against a licensee. The bill also allows the director to take disciplinary action against a licensee for fraudulent, coercive, or dishonest practices; incompetence or untrustworthiness; or indecent exposure. The director is also permitted to fine a person who violates the massage therapy laws. The bill makes it a misdemeanor for a person to aid or abet the unlicensed practice of massage therapy. The bill clarifies that a city, county, city and county, or other political subdivision may enact and enforce local ordinances to regulate businesses that offer massage therapy services as long as the local ordinance states that massage therapy is defined the same as in the "Massage Therapy Practice Act"; the persons in the business practicing massage therapy are licensed; and the local ordinance does not conflict with the "Massage Therapy Practice Act".
Status: 06/08/2016 Governor Signed

HB16-1432 Personnel Files Employee Inspection Right 
Comment:
Priority:
Position:
Calendar Notification: Tuesday, April 19 2016
Judiciary
1:30 p.m. Room 0112
(1) in house calendar.
Short Title: Personnel Files Employee Inspection Right
Sponsors: WINTER
Summary: The bill allows an employee or former employee at least annually to request that his or her employer permit the employee or former employee to inspect or request copies of the employee's or former employee's personnel file at the employer's office and at a time convenient to both the employer and the employee or former employee. Employees or former employees are required to pay reasonable costs of duplication of documents.
Status: 06/10/2016 Governor Signed

HB16-1438 Employer Accommodations Related To Pregnancy 
Comment:
Priority:
Position: Amend
Calendar Notification: NOT ON CALENDAR
Short Title: Employer Accommodations Related To Pregnancy
Sponsors: WINTER / MARTINEZ HUMENIK
Summary: The bill makes it an unfair employment practice if an employer fails to provide reasonable accommodations for an applicant for employment or an employee for conditions related to pregnancy or childbirth. The bill requires each employer to provide a notice of rights regarding the unfair employment practice to his or her employees.
Status: 06/01/2016 Governor Signed

SB16-096 Creation Of The Pay Equity Commission 
Comment: Sara Chase-McRorie to testify in Senate Business Committee
Priority:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Creation Of The Pay Equity Commission
Sponsors: R. Heath
Summary: On July 1, 2015, the statutes creating the pay equity commission (commission) expired in accordance with an automatic self-repeal clause. The bill reestablishes the commission within the Colorado department of labor and employment (department). The appointing authorities are to appoint 11 members to the commission within 90 days after May 25, 2016, with representatives of large and small private, for-profit employers, a women's national association, a labor organization, a statewide association of attorneys, higher education, the department, the civil rights division in the department of regulatory agencies, a national organization that serves minority communities and communities of color, and a business association.

The commission is charged with the following tasks:
  • Educating employers in the state about issues or practices that may contribute to pay inequities;
  • Working with business groups and educational institutions to develop and maintain an inventory of best practices for encouraging equal pay;
  • Encouraging employers to implement equal pay best practices;
  • Studying other state models of equal pay practices that achieve pay equity;
  • Developing a program recognizing employers who pursue pay equity practices;
  • Conducting outreach and education to employees and employers regarding pay equity; and
  • Working to establish Colorado as a model employer with regard to pay equity.

The commission is required to submit annual reports to the executive director of the department; the business, labor, and technology committee of the senate; and the business affairs and labor committee of the house of representatives. Each report should detail the work the commission has done. The commission may submit recommendations for policy or administrative changes, upon approval of 2/3 of its members, and any such recommendations shall be included in the commission's annual reports.

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

Status: Senate Committee on Business, Labor, & Technology Postpone Indefinitely

SB16-114 Employee-earned Paid Sick Leave 
Comment:
Priority:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Employee-earned Paid Sick Leave
Sponsors: J. Ulibarri | M. Carroll / J. Danielson
Summary: The bill creates the 'Healthy Families and Workplaces Act' (act), which requires all private employers in Colorado to provide paid sick leave to their employees, accrued at one hour of sick leave for every 30 hours worked, subject to the following limits:
  • For employers employing 10 or more employees, the employer is not required to provide more than a total of 72 hours of paid sick leave in a 12-month period; and
  • For employers employing fewer than 10 employees, the employer is not required to provide more than a total of 40 hours of paid sick leave in a 12-month period.

An employee would start accruing paid sick leave when his or her employment begins and would be permitted to use his or her accrued paid sick leave as it is accrued.

Additionally, an employee would be allowed to carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued, subject to the caps on the total amount of leave allowed in a 12-month period.

Employees may use accrued paid sick leave to be absent from work for the following purposes:

  • The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
  • The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
  • The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or
  • A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work.

The bill prohibits an employer from retaliating against an employee who uses his or her paid sick leave or otherwise exercises his or her rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor (division) in the department of labor and employment, detailing employees' rights under the act.

Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the division to monitor compliance with the act.

The director of the division will implement and enforce the act and adopt rules necessary for such purposes. The bill treats an employee's information about his, her, or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave.

Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees.

Employees covered by a collective bargaining agreement would not be entitled to sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees.

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

Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

SB16-150 Marriages By Individuals In Civil Unions 
Comment:
Priority:
Position:
Calendar Notification: Monday, April 11 2016
GENERAL ORDERS - SECOND READING OF BILLS
(1) in senate calendar.
Short Title: Marriages By Individuals In Civil Unions
Sponsors: STEADMAN / ESGAR
Summary: The bill addresses issues that have arisen in Colorado regarding marriages by individuals who are in a civil union or who entered or who will enter into a civil union after the passage of the bill. The bill amends the statute on prohibited marriages to disallow a marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same 2 parties. The executive director of the department of public health and environment is directed to revise the marriage license application to include questions regarding prior civil unions. The bill states that the "Colorado Civil Union Act" (act) does not affect a marriage legally entered into in another jurisdiction between 2 individuals who are the same sex. The bill states that a civil union license and a civil union certificate do not constitute evidence of the parties' intent to create a common law marriage. Two parties who have entered into a civil union may subsequently enter into a legally recognized marriage with each other by obtaining a marriage license from a county clerk and recorder in the state and by having the marriage solemnized and registered as a marriage with a county clerk and recorder. The bill states that the effect of marrying in that circumstance is to merge the civil union into a marriage by operation of law. A separate dissolution of a civil union is not required when a civil union is merged into a marriage by operation of law. If one or both of the parties to the marriage subsequently desire to dissolve the marriage, legally separate, or have the marriage declared invalid, one or both of the parties must file proceedings in accordance with the procedures specified in the "Uniform Dissolution of Marriage Act". Any dissolution, legal separation, or declaration of invalidity of the marriage must be in accordance with the "Uniform Dissolution of Marriage Act". If a civil union is merged into a marriage by operation of law, any calculation of the duration of the marriage includes the time period during which the parties were in a civil union. The criminal statute on bigamy is amended, effective July 1, 2016, to include a person who, while married, marries, enters into a civil union, or cohabits in the state with another person not his her spouse and to include a person who, while still legally in a civil union, marries, enters into a civil union, or cohabits in the state with another person not his or her civil union partner.
Status: Governor Signed