HB20-1022 Sales And Use Tax Simplification Task Force 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The act:

  • Continues the sales and use tax simplification task force for 6 years;
  • Specifies that the task force will not meet during the 2020 interim;
  • Includes a process for selecting a chair and vice-chair of the task force;
  • Modifies the task force's duties;
  • Requires the joint technology committee to seek regular updates from the office of information technology (OIT) and the department of revenue (DOR) regarding the development of the electronic sales and use tax simplification (SUTS) system, to monitor and encourage participation by businesses and home rule municipalities in the SUTS system, and to seek regular updates from OIT and DOR regarding the purchase and development of a geographic information system (GIS) database; and
  • Removes the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal.
    (Note: This summary applies to this bill as enacted.)

Status: 0/0/2020 House Third Reading -
1/8/2020 Introduced In House - Assigned to Business Affairs & Labor
1/21/2020 House Committee on Business Affairs & Labor Refer Amended to Appropriations
2/21/2020 House Committee on Appropriations Refer Amended to House Committee of the Whole
2/21/2020 House Second Reading Special Order - Passed with Amendments - Committee
2/24/2020 House Third Reading Laid Over Daily - No Amendments
2/27/2020 House Third Reading Passed - No Amendments
2/28/2020 Introduced In Senate - Assigned to Business, Labor, & Technology
3/9/2020 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
6/2/2020 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
6/3/2020 Senate Second Reading Special Order - Passed with Amendments - Committee
6/4/2020 Senate Third Reading Passed - No Amendments
6/5/2020 House Considered Senate Amendments - Result was to Laid Over Daily
6/10/2020 House Considered Senate Amendments - Result was to Concur - Repass
6/19/2020 Sent to the Governor
6/19/2020 Signed by the Speaker of the House
6/19/2020 Signed by the President of the Senate
6/29/2020 Governor Signed
Amendments:

House Journal, January 22
29 HB20-1022 be amended as follows, and as so amended, be referred to
30 the Committee on Appropriations with favorable
31 recommendation:
32
33 Amend printed bill, page 3, after line 6 insert:
34
35 "(F) STREAMLINING AND POSSIBLY MAKING UNIFORM THE STATE
36 AND LOCAL SALES TAX EXEMPTIONS FOR MEDICAL DEVICES, INCLUDING
37 REVIEWING BEST PRACTICES AMONG STATES IN THIS AREA;".
38
39 Reletter succeeding sub-subparagraphs accordingly.
40
41

House Journal, February 21
25 HB20-1022 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend printed bill, page 6, after line 20 insert:
30
31 "SECTION 4. Appropriation. (1) For the 2020-21 state fiscal
32 year, $34,836 is appropriated to the legislative department. This
33 appropriation is from the general fund. To implement this act, the
34 department may use this appropriation as follows:
35 (a) $22,302 for use by the legislative council, which amount is
36 based on an assumption that the legislative council will require an
37 additional 0.3 FTE; and
38 (b) $12,534 for use by the office of legislative legal services,
39 which amount is based on an assumption that the office will require an
40 additional 0.2 FTE.".
41
42 Renumber succeeding section accordingly.
43
44 Page 1, line 103, strike "AND".
45
46 Page 1, line 106, strike "REPEAL." and substitute "REPEAL, AND MAKING
47 AN APPROPRIATION.".
48
49

Senate Journal, June 2
After consideration on the merits, the Committee recommends that HB20-1022 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 2, line 3, strike "(3);" and substitute
"(1)(a), (3), and (5);".
Page 2, strike line 6 and substitute:

"creation - definition. (1) (a) (I) Notwithstanding section 2-3-303.3,
there is created the sales and use tax simplification task force, referred to
in this part 8 as the "task force". which THE TASK FORCE shall meet as
necessary during any legislative session or any interim between
legislative sessions to study the necessary components of a simplified
sales and use tax system for both the state and local governments,
including home rule municipalities and counties.
(II) (A) NOTWITHSTANDING SUBSECTION (1)(a)(I) OF THIS
SECTION, THE TASK FORCE SHALL NOT MEET DURING THE 2020 INTERIM.
(B) THIS SUBSECTION (1)(a)(II) IS REPEALED, EFFECTIVE JULY 1,
2021.
(b) (I) THE TASK FORCE SHALL STUDY SALES".

Page 5, line 25, after "(2.5)" insert "(a)".

Page 5, line 26, strike "JUNE 5, 2020, AND EACH JUNE 5" and substitute
"JUNE 1, 2021, AND EACH JUNE 1".

Page 6, after line 7 insert:
"(b) STARTING IN 2021, THE TASK FORCE SHALL ELECT A CHAIR
AND A VICE-CHAIR AT THE FIRST MEETING HELD ON OR BEFORE JULY 16,
2021. THE CHAIR AND VICE-CHAIR APPOINTMENTS MUST ALTERNATE
BETWEEN A MEMBER FROM THE HOUSE OF REPRESENTATIVES AND A
MEMBER FROM THE SENATE WITH THE FIRST CHAIR BEING FROM THE
SENATE AND THE FIRST VICE-CHAIR BEING FROM THE HOUSE OF
REPRESENTATIVES. THE PERSON SERVING AS CHAIR, OR A MEMBER OF THE
SAME HOUSE IF SUCH PERSON IS NO LONGER A MEMBER THEREOF, SHALL
SERVE AS VICE-CHAIR DURING THE NEXT LEGISLATIVE SESSION, AND THE
PERSON SERVING AS VICE-CHAIR, OR A MEMBER OF THE SAME HOUSE IF
SUCH PERSON IS NO LONGER A MEMBER THEREOF, SHALL SERVE AS CHAIR
DURING THE NEXT LEGISLATIVE SESSION.".

Page 6, line 8, strike "The task" and substitute "STARTING IN 2021, the
task".

Page 6, line 9, strike "JULY 17, 2020." and substitute "JULY 16, 2021.".

Page 6, after line 11 insert:
"(5) No later than November 1, 2017 NOVEMBER 1, 2021, and no
later than each November 1 thereafter, the task force shall make a report
to the legislative council created in section 2-3-301 that may or may not
include recommendations for legislation.".

Page 6, line 16, strike "2025." and substitute "2026.".

Page 6, strike lines 25 through 27 and substitute
"SECTION 4. In Colorado Revised Statutes, 2-3-1704, add (12)
as follows:
2-3-1704. Powers and duties of the joint technology
committee. (12) BETWEEN ADJOURNMENT SINE DIE OF THE SECOND
REGULAR SESSION OF THE SEVENTY-SECOND GENERAL ASSEMBLY AND
THE FIRST MEETING IN 2021 OF THE SALES AND USE TAX SIMPLIFICATION
TASK FORCE CREATED IN SECTION 39-26-802, THE COMMITTEE SHALL:
(a) SEEK REGULAR UPDATES FROM THE OFFICE OF INFORMATION
TECHNOLOGY AND THE DEPARTMENT OF REVENUE REGARDING THE
DEVELOPMENT OF THE ELECTRONIC SALES AND USE TAX SIMPLIFICATION
SYSTEM DESCRIBED IN SENATE BILL 19-006, ENACTED IN 2019;
(b) ONCE THE ELECTRONIC SALES AND USE TAX SIMPLIFICATION
SYSTEM DESCRIBED IN SENATE BILL 19-006, ENACTED IN 2019, IS ONLINE,
MONITOR AND ENCOURAGE PARTICIPATION BY BUSINESSES AND HOME
RULE MUNICIPALITIES; AND
(c) SEEK REGULAR UPDATES FROM THE OFFICE OF INFORMATION
TECHNOLOGY AND THE DEPARTMENT OF REVENUE REGARDING THE
PURCHASE AND DEVELOPMENT OF A GEOGRAPHIC INFORMATION SYSTEM
(GIS) DATABASE TO MAINTAIN JURISDICTIONAL BOUNDARIES OF SALES
TAX DISTRICTS AND TO CALCULATE APPROPRIATE SALES AND USE TAX
RATES FOR INDIVIDUAL ADDRESSES FOR WHICH THE DEPARTMENT OF
REVENUE RECEIVED AN APPROPRIATION IN SENATE BILL 19-006, ENACTED
IN 2019.".

Page 7, strike lines 1 through 7.

Page 1, line 103, after "DUTIES," insert "AND".

Page 1, strike lines 106 and 107 and substitute "PRIOR TO THE TASK
FORCE'S REPEAL.".


Appro-
priations



HB20-1420 Adjust Tax Expenditures For State Education Fund 
Comment:
Calendar Notification: Monday, June 15 2020
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
Summary:

Section 1 of the act specifies that the act shall be known as the "Tax Fairness Act".

Sections 2 and 3 of the act require taxpayers to add to federal taxable income:

  • For income tax years ending on and after the enactment of the March 2020 "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act), but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the difference between a taxpayer's net operating loss deduction as determined under federal law before the amendments made by section 2303 of the CARES Act and the taxpayer's net operating loss deduction as determined under federal law after the amendments made by section 2303 of the CARES Act;
  • For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to a taxpayer's excess business loss as determined under federal law without regard to the amendments made by section 2304 of the CARES Act, but with regard to the technical amendment made in that section of the CARES Act;
  • For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the amount in excess of the limitation on business interest under federal law without regard to the amendments made by section 2306 of the CARES Act; and
  • For income tax years commencing on or after January 1, 2021, but before January 1, 2023, an amount equal to the deduction for qualified business income for an individual taxpayer who files a single return and whose adjusted gross income is greater than $500,000, and for an individual taxpayer who files a joint return and whose adjusted gross income is greater than $1 million. This federal deduction may be claimed for income tax years commencing prior to January 1, 2026, except that the add-back is not required for a taxpayer who files a schedule F, profit or loss from farming, or successor form, as an attachment to a federal income tax return.

Section 4 of the act specifies that for net operating losses incurred after December 31, 2017, the 80% limitation set forth in federal law applies without regard to the amendments made in section 2303 of the CARES Act.

The earned income tax credit is equal to a percentage of the federal earned income tax credit. Section 5 of the act increases the percentage from 10% to 15% beginning in 2022. Section 5 also specifies that for income tax years commencing on or after January 1, 2021, taxpayers filing with an individual taxpayer identification number are eligible for the earned income tax credit.

Section 6 of the act specifies that the state treasurer shall transfer $113 million on March 1, 2021, and $23 million on March 1, 2022, from the general fund to the state education fund created in section 17 (4) of article IX of the state constitution.

Section 7 of the act makes an appropriation.


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

Status: 6/8/2020 Introduced In House - Assigned to Finance + Appropriations
6/9/2020 House Committee on Finance Refer Amended to Appropriations
6/10/2020 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/10/2020 House Second Reading Special Order - Passed with Amendments - Committee, Floor
6/11/2020 House Third Reading Passed with Amendments - Floor
6/11/2020 Introduced In Senate - Assigned to Finance
6/12/2020 Senate Committee on Finance Refer Amended to Appropriations
6/12/2020 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
6/13/2020 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/15/2020 Senate Third Reading Passed - No Amendments
6/15/2020 House Considered Senate Amendments - Result was to Concur - Repass
6/15/2020 Senate Third Reading Passed with Amendments - Floor
6/19/2020 Signed by the President of the Senate
6/19/2020 Sent to the Governor
6/19/2020 Signed by the Speaker of the House
7/11/2020 Governor Signed
Amendments:

House Journal, June 10
1 HB20-1420 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 7, line 7, strike "(1)" and substitute "(1); and
6 add (9)".
7
8 Page 7, line 8, strike "gains." and substitute "gains - repeal.".
9
10 Page 7, after line 14 insert:
11
12 "(9) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2028.".
13
14 Page 7, line 19, strike "FILING PERIODS" and substitute "SALES AND
15 PURCHASES MADE".
16
17 Page 7, line 27, strike "FILING PERIODS" and substitute "SALES AND
18 PURCHASES MADE".
19
20 Page 8, line 2, after "ARE" insert "DEEMED TO BE WHOLESALE SALES AND
21 ARE".
22
23 Page 8, after line 5 insert:
24 "SECTION 7. In Colorado Revised Statutes, 39-26-705, amend
25 (1) as follows:
26 39-26-705. Miscellaneous use tax exemptions - printers ink
27 and newsprint - manufactured goods. (1) (a) (I) FOR SALES AND
28 PURCHASES MADE BEFORE AUGUST 1, 2020, the storage, use, or
29 consumption of printers ink and newsprint shall be exempt from taxation
30 under the provisions of part 2 of this article ARTICLE 26.
31 (II) THIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE AUGUST 1,
32 2025.
33 (b) FOR SALES AND PURCHASES MADE AFTER AUGUST 1, 2020, THE
34 STORAGE, USE, OR CONSUMPTION OF NEWSPRINT AND PRINTER'S INK FOR
35 USE BY PUBLISHERS OF NEWSPAPERS AND COMMERCIAL PRINTERS ARE
36 EXEMPT FROM TAXATION UNDER THE PROVISIONS OF PART 2 OF THIS
37 ARTICLE 26.".
38
39 Renumber succeeding sections accordingly.
40
41 Page 8, line 9, strike "part 2 of" and substitute "part 2 of".
42
43 Page 8, line 11, strike "FILING PERIODS" and substitute "SALES AND
44 PURCHASES MADE".
45
46 Page 8, lines 22 and 23, strike "FILING PERIODS" and substitute "SALES
47 AND PURCHASES MADE".
48
49 Page 8, line 23, strike "TAXPAYER" and substitute "PURCHASER".
50
51 Page 8, lines 24 and 25, strike "FILING PERIOD," and substitute "MONTH,".
52
53 Page 8, line 25, strike "TAXPAYER," and substitute "PURCHASER,".
54
55 Page 9, line 4, strike "FILING PERIOD" and substitute "MONTH".
56
1 Page 9, strike lines 9 and 10 and substitute:
2
3 "(c) COAL, GAS, FUEL OIL, STEAM, COKE, OR NUCLEAR FUEL FOR
4 USE BY A UTILITY COMPANY TO GENERATE ELECTRICITY FOR RETAIL OR
5 WHOLESALE SALE; AND".
6
7 Page 9, line 15, strike "TAXPAYER" and substitute "PURCHASER".
8
9 Page 10, line 9, strike "20-____," and substitute "20-1420,".
10
11 Page 10, line 27, strike "20-____," and substitute "20-1420,".
12
13

House Journal, June 10
50 HB20-1420 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend printed bill, page 15, after line 25 insert:
55
56 "SECTION 14. Appropriation. (1) For the 2020-21 state fiscal
1 year, $4,777,659 is appropriated to the department of revenue. This
2 appropriation is from the general fund. To implement this act, the
3 department may use this appropriation as follows:
4 (a) $405,134 for use by the executive director's office for health,
5 life, and dental;
6 (b) $3,637 for use by the executive director's office for short-term
7 disability;
8 (c) $106,978 for use by the executive director's office for S.B. 04-
9 257 amortization equalization disbursement;
10 (d) $106,978 for use by the executive director's office for S.B. 06-
11 235 supplemental amortization equalization disbursement;
12 (e) $280,500 for leased space;
13 (f) $2,403,800 for use by the taxation and compliance division for
14 personal services, which amount is based on an assumption that the
15 division will require an additional 42.5 FTE;
16 (g) $347,570 for use by the taxation and compliance division for
17 operating expenses;
18 (h) $1,121,862 for tax administration IT system (GenTax) support;
19 and
20 (i) $1,200 for the purchase of document management services.
21 (2) For the 2020-21 state fiscal year, $1,200 is appropriated to the
22 department of personnel. This appropriation is from reappropriated funds
23 received from the department of revenue under subsection (1)(i) of this
24 section. To implement this act, the department of personnel may use this
25 appropriation to provide document management services for the
26 department of revenue.".
27
28 Renumber succeeding sections accordingly.
29
30 Page 1, line 103, strike "FUND." and substitute "FUND, AND, IN
31 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
32
33

House Journal, June 10
6 Amendment No. 1, Appropriations Report, dated June 10, 2020, and
7 placed in member’s bill file; Report also printed in House Journal, June
8 10, 2020.
9
10 Amendment No. 2, Finance Report, dated June 9, 2020, and placed in
11 member’s bill file; Report also printed in House Journal, June 9, 2020.
12
13 Amendment No. 3, by Representative Sirota:
14
15 Amend the Appropriations Committee Report, dated June 10, 2020, page
16 1, line 3, strike "$4,777,659" and substitute "$702,170".
17
18 Page 1, strike lines 6 through 23 and substitute:
19
20 "(a) $277,811 for use by the taxation and compliance division for
21 personal services, which amount is based on an assumption that the
22 division will require an additional 4.8 FTE;
23 (b) $39,778 for use by the taxation and compliance division for
24 operating expenses;
25 (c) $311,529 for use by the taxpayer service division for personal
26 services, which amount is based on an assumption that the division will
27 require an additional 6.1 FTE;
28 (d) $50,552 for use by the taxpayer service division for operating
29 expenses; and
30 (e) $22,500 for tax administration IT system (GenTax) support.".".
31
32 Page 2, strike lines 1 through 5.
33
34 Amendment No. 4, by Representative McCluskie:
35
36 Amend the Finance Committee Report, dated June 9, 2020, page 1, strike
37 lines 6 through 9 and substitute:
38
39 "Page 7 of the bill, line 19, strike "FILING PERIODS BEFORE AUGUST 1,
40 2020," and substitute "SALES AND PURCHASES MADE BEFORE JANUARY 1,
41 2023,".
42
43 Page 7 of the bill, line 27, strike "FILING PERIODS ON AND AFTER AUGUST
44 1, 2020," and substitute "SALES AND PURCHASES MADE ON AND AFTER
45 JANUARY 1, 2023,".".
46
47 Page 1 of the report, after line 11, insert:
48
49 "Page 8 of the bill, line 5, strike "AUGUST 1, 2025." and substitute
50 "JANUARY 1, 2028.".".
51
52 Page 1 of the report, line 17, strike "AUGUST 1, 2020," and substitute
53 "JANUARY 1, 2023,".
54
55 Page 2 of the report, lines 3 and 4, strike "AUGUST 1, 2025." and
1 substitute "JANUARY 1, 2028.".
2
3 Page 2 of the report, line 5, strike "AUGUST 1, 2020," and substitute
4 "JANUARY 1, 2023,".
5
6 Page 2 of the report, strike lines 12 and 13 and substitute:
7
8 "Page 8 of the bill, line 11, strike "FILING PERIODS BEFORE AUGUST 1,
9 2020," and substitute "SALES AND PURCHASES MADE BEFORE JANUARY 1,
10 2023,".".
11
12 Page 2 of the report, before line 14 insert:
13
14 "Page 8 of the bill, lines 17 and 18, strike "AUGUST 1, 2025." and
15 substitute "JANUARY 1, 2028.".".
16
17 Page 2 of the report, strike lines 14 and 15 and substitute:
18
19 "Page 8 of the bill, lines 22 and 23, strike "FILING PERIODS ON AND AFTER
20 AUGUST 1, 2020," and substitute "SALES AND PURCHASES MADE ON AND
21 AFTER JANUARY 1, 2023,".".
22
23 Amendment No. 5, by Representative Weissman:
24
25 Amend printed bill, page 15, line 9, strike "JULY 1, 2021," and substitute
26 "MARCH 1, 2021,".
27
28 Page 15, line 10, strike "FIFTY" and substitute "SEVENTY-FIVE".
29
30 Page 15, line 14, strike "JULY 1, 2022," and substitute "MARCH 1, 2022,".
31
32 Page 15, line 15, after "HUNDRED" insert "SEVENTY-FIVE".
33
34 Page 15, line 18, strike "JULY 1, 2023," and substitute "MARCH 1, 2023,".
35
36 Page 15, line 19, after "HUNDRED" insert "SEVENTY-FIVE".
37
38 Page 15, line 22, strike "JULY 1, 2024," and substitute "MARCH 1, 2024,".
39
40 Page 15, line 23, after "HUNDRED" insert "SEVENTY-FIVE".
41
42 Page 16, line 1, strike "section 11" and substitute "section 12".
43
44 As amended, ordered engrossed and placed on the Calendar for Third
45 Reading and Final Passage.
46

Senate Journal, June 12
After consideration on the merits, the Committee recommends that HB20-1420 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 6, line 27, after "2021," insert "BUT BEFORE
JANUARY 1, 2024,".

Page 6, after line 27 insert:

"(b) ALL NET OPERATING LOSSES ARISING IN TAXABLE YEARS
BEGINNING BEFORE JANUARY 1, 2018, MAY BE CARRIED FORWARD ONE
ADDITIONAL YEAR FOR EACH TAX YEAR THAT A CORPORATION IS
PROHIBITED PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FROM
SUBTRACTING A PORTION OF SUCH NET OPERATING LOSSES FROM THE
CORPORATION'S FEDERAL TAXABLE INCOME.".

Reletter succeeding paragraph accordingly.

Senate Journal, June 15
HB20-1420 by Representative(s) Sirota and Gray; also Senator(s) Moreno and Hansen--Concerning the
adjustment of certain state tax expenditures in order to allocate additional revenues to the
state education fund.

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

Third Reading Amendment No. 1(L.069), by Senator Moreno.

Amend revised bill, page 7, line 22, strike "2020," and substitute "2021,".

Page 9, after line 2 insert:

"SECTION 7. Appropriation. (1) For the 2020-21 state fiscal
year, $49,002 is appropriated to the department of revenue. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $20,580 for use by the taxation and compliance division for
personal services;
(b) $5,922 for use by the taxpayer service division for personal
services; and
(c) $22,500 for tax administration IT system (GenTax) support.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "FUND." and substitute "FUND, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


The amendment was passed on the following roll call vote:

YES 33 NO 0 EXCUSED 2 ABSENT 0
Bridges Y Gardner Y Marble Y Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg E

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

YES 20 NO 13 EXCUSED 2 ABSENT 0
Bridges Y Gardner N Marble N Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen Y Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin N Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg E



SB20-205 Sick Leave For Employees 
Comment:
Calendar Notification: Monday, June 15 2020
CONFERENCE COMMITTEE ON SB20-205
Upon Adjournment SCR 357
(1) in senate calendar.
Summary:

On the effective date of the act through December 31, 2020, all employers in the state, regardless of size, are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act".

Starting January 1, 2021, for employers with 16 or more employees, and starting January 1, 2022, for all employers, the act requires employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.

An employee begins accruing paid sick leave when the employee's employment begins, may use paid sick leave as it is accrued, and may carry forward and use in subsequent calendar years up to 48 hours of paid sick leave that is not used in the year in which it is accrued. An employer is not required to allow the employee to use more than 48 hours of paid sick leave in a year.

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.

In addition to the paid sick leave accrued by an employee, the act requires an employer, regardless of size, to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works.

The act prohibits an employer from retaliating against an employee who uses the employee's paid sick leave or otherwise exercises the employee's 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 standards and statistics (division) in the department of labor and employment (department), detailing employees' rights under the act.

The director of the division will implement and enforce the act and adopt rules necessary for such purposes. An employer found in violation of the act is liable to the employee for back pay and other equitable damages.

The act treats an employee's information about the employee's 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.

The act specifies the conditions in which collective bargaining agreements result in compliance with, or exemption from, the act.

$206,566 is appropriated to the department for use by the division to implement the act, based on the assumption that the division will require an additional 2.7 FTE for such purpose.


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

Status: 5/26/2020 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
6/3/2020 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
6/6/2020 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
6/8/2020 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/9/2020 Senate Third Reading Passed with Amendments - Floor
6/9/2020 Introduced In House - Assigned to Health & Insurance + Appropriations
6/10/2020 House Committee on Health & Insurance Refer Unamended to Appropriations
6/11/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/11/2020 House Second Reading Special Order - Laid Over Daily - No Amendments
6/12/2020 House Second Reading Special Order - Passed with Amendments - Floor
6/13/2020 House Third Reading Passed - No Amendments
6/13/2020 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
6/15/2020 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
6/15/2020 Senate Consideration of First Conference Committee Report result was to Reconsider - CCR produced
6/15/2020 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
6/22/2020 Signed by the President of the Senate
6/29/2020 Sent to the Governor
6/29/2020 Signed by the Speaker of the House
7/14/2020 Governor Signed
Amendments:

Senate Journal, June 3
After consideration on the merits, the Committee recommends that SB20-205 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 1, after "(5)." add ""EMPLOYEE" DOES
NOT INCLUDE AN "EMPLOYEE" AS DEFINED IN 45 U.S.C. SEC. 351 (d) WHO
IS SUBJECT TO THE FEDERAL "RAILROAD UNEMPLOYMENT INSURANCE
ACT", 45 U.S.C. SEC. 351 ET SEQ.".

Page 4, line 12, strike "AND" and substitute "OR".

Page 4, strike lines 13 and 14 and substitute:

"(c) A PERSON FOR WHOM THE EMPLOYEE IS RESPONSIBLE FOR
PROVIDING OR ARRANGING HEALTH- OR SAFETY-RELATED CARE.".

Page 4, lines 22 and 23, strike "8-13.3-404 AND 8-13.3-405." and
substitute "8-13.3-404 TO 8-13.3-406.".

Page 5, after line 20 insert:

"(12) "YEAR" MEANS A REGULAR AND CONSECUTIVE
TWELVE-MONTH PERIOD AS DETERMINED BY AN EMPLOYER; EXCEPT THAT
FOR THE PURPOSES OF SECTION 8-13.3-411, "YEAR" MEANS A CALENDAR
YEAR.".

Page 5, line 22, strike "calendar".

Page 6, line 5, after "PERIOD." add "THIS SUBSECTION (2)(a) DOES NOT
LIMIT THE ABILITY OF AN EMPLOYEE TO USE PAID SICK LEAVE AS
PROVIDED IN SECTION 8-13.3-405.".

Page 6, strike lines 18 through 23 and substitute:

"(b) UP TO FORTY-EIGHT HOURS OF PAID SICK LEAVE THAT AN
EMPLOYEE ACCRUES IN A YEAR BUT DOES NOT USE CARRIES FORWARD TO,
AND MAY BE USED IN, A SUBSEQUENT YEAR; EXCEPT THAT AN EMPLOYER
IS NOT REQUIRED TO ALLOW THE EMPLOYEE TO USE MORE THAN
FORTY-EIGHT HOURS OF PAID SICK LEAVE IN A YEAR.".

Page 6, line 25, after "SECTION" insert "AND SECTION 8-13.3-405".

Page 7, line 2, after "TO" insert "SATISFY SECTION 8-13.3-405 AND".

Page 7, line 8, after "SECTION," insert "AND NOTWITHSTANDING SECTION
8-4-101 (14)(a)(IV),".

Page 7, line 9, strike "ACCRUED BUT".

Page 7, line 16, strike "TWELVE" and substitute "SIX".
Page 9, strike lines 19 through 22 and substitute:

"(2) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE PAID SICK
LEAVE UPON THE REQUEST OF AN EMPLOYEE. THE REQUEST MAY BE MADE
ORALLY, IN WRITING, ELECTRONICALLY, OR BY ANY OTHER MEANS
ACCEPTABLE TO THE EMPLOYER. WHEN POSSIBLE, THE EMPLOYEE SHALL
INCLUDE THE EXPECTED DURATION OF THE ABSENCE. AN EMPLOYER MAY
PROVIDE A WRITTEN POLICY THAT CONTAINS REASONABLE PROCEDURES
FOR THE EMPLOYEE TO PROVIDE NOTICE WHEN THE USE OF PAID SICK
LEAVE TAKEN UNDER THIS SECTION IS FORESEEABLE. AN EMPLOYER
SHALL NOT DENY PAID SICK LEAVE TO THE EMPLOYEE BASED ON
NONCOMPLIANCE WITH SUCH A POLICY.".

Page 12, strike lines 21 through 27.

Page 13, strike lines 1 and 2.

Reletter succeeding paragraphs accordingly.

Page 13, strike lines 14 through 16.

Renumber succeeding subsection accordingly.

Page 13, line 24, strike "ON" and substitute "(1) EMPLOYERS IN THE
STATE SHALL COMPLY WITH THE FEDERAL "EMERGENCY PAID SICK
LEAVE ACT" IN THE "FAMILIES FIRST CORONAVIRUS RESPONSE ACT",
PUB. L. 116-127.
(2) ON".

Page 14, line 2, strike "PUB. L. 116-127." and substitute "PUB. L.
116-127, TO EACH EMPLOYEE WHO IS NOT COVERED UNDER THE
"EMERGENCY PAID SICK LEAVE ACT".".

Page 15, line 22, strike "THE".

Page 15 strike lines 23 and 24.

Page 16, line 13, strike "SHALL" and substitute "SHALL, UPON HIRING OR
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,".

Page 17, line 2, after "POSTER" insert "CREATED PURSUANT TO
SUBSECTION (3) OF THIS SECTION".

Page 17, after line 21 insert:

"(6) IF AN EMPLOYER DOES NOT MAINTAIN A PHYSICAL
WORKPLACE, OR AN EMPLOYEE TELEWORKS OR PERFORMS WORK
THROUGH A WEB-BASED PLATFORM, THE EMPLOYER SHALL PROVIDE THE
NOTICE REQUIRED IN THIS SECTION THROUGH ELECTRONIC
COMMUNICATION OR A CONSPICUOUS POSTING IN THE WEB-BASED
PLATFORM.".

Page 18, strike lines 15 through 17 and substitute "4.".

Page 19, strike lines 1 through 5 and substitute:

"(b) AFTER JANUARY 1, 2021, AN EMPLOYER WHO VIOLATES THIS
PART 4 IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED BY
SECTION 8-5-104 (2)(a) AND (2)(b).".

Page 19, after line 7 insert:

"(d) BEFORE COMMENCING ANY CIVIL ACTION UNDER THIS
SECTION, AN AGGRIEVED PERSON MUST, IN ACCORDANCE WITH ARTICLE
4 OF THIS TITLE 8, SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A
WRITTEN DEMAND FOR PAYMENT TO THE EMPLOYER.
(e) IF A PERSON AGGRIEVED BY A VIOLATION OF THIS PART 4 FILES
A CIVIL ACTION TO ENFORCE A JUDGMENT MADE UNDER THIS SECTION,
THE COURT SHALL WAIVE ANY FILING FEE REQUIRED UNDER ARTICLE 32
OF TITLE 13.".

Reletter succeeding paragraph accordingly.

Page 20, strike lines 10 through 14 and substitute:

"(2) NOTHING IN THIS PART 4 DIMINISHES:
(a) THE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY
CONTRACT, COLLECTIVE BARGAINING AGREEMENT, EMPLOYMENT BENEFIT
PLAN, OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A MORE
GENEROUS PAID SICK LEAVE POLICY THAN THE PAID SICK LEAVE POLICY
REQUIRED BY THIS PART 4; OR
(b) THE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE
UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT,
EMPLOYER POLICY, OR EMPLOYMENT CONTRACT.".

Page 20, strike lines 26 and 27.

Page 21, strike lines 1 through 4 and substitute "DOES NOT APPLY TO AN
EMPLOYEE IN THE BUILDING AND CONSTRUCTION INDUSTRY WHO IS
COVERED BY A COLLECTIVE BARGAINING AGREEMENT IF THE COLLECTIVE
BARGAINING AGREEMENT:
(a) EXPRESSLY PROVIDES FOR PAID SICK DAYS, PAID LEAVE, OR A
PAID TIME OFF POLICY THAT PERMITS THE USE OF SICK DAYS FOR THOSE
EMPLOYEES; OR
(b) WAIVES THE REQUIREMENTS OF THIS PART 4 IN CLEAR AND
UNAMBIGUOUS TERMS.
8-13.3-416. Employer policies. AN EMPLOYER POLICY ADOPTED
OR RETAINED MUST NOT DIMINISH AN EMPLOYEE'S RIGHT TO PAID SICK
LEAVE UNDER THIS PART 4. ANY AGREEMENT BY AN EMPLOYEE TO WAIVE
THE EMPLOYEE'S RIGHTS UNDER THIS PART 4 IS VOID AS AGAINST PUBLIC
POLICY.
8-13.3-417. Severability. IF ANY PROVISION OF THIS PART 4 OR
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS JUDGED
INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS PART 4 THAT CAN BE GIVEN EFFECT WITHOUT THE
INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS
OF THIS PART 4 ARE DECLARED SEVERABLE.".


Finance

Senate Journal, June 6
After consideration on the merits, the Committee recommends that SB20-205 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 21, after line 11 insert:

"SECTION 3. Appropriation. For the 2020-21 state fiscal year,
$206,566 is appropriated to the department of labor and employment for
use by the division of labor standards and statistics. This appropriation
is from the general fund and is based on an assumption that the division
will require an additional 2.7 FTE. To implement this act, the division
may use this appropriation for program costs related to labor standards.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "EMPLOYEES." and substitute "EMPLOYEES, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations

Senate Journal, June 8
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--
Concerning the requirement that employers offer sick leave to their employees.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, June 3, pages 657-659 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 6, page 733 and placed in members' bill files.)

Amendment No. 3(L.054), by Senator Fenberg.

Amend printed bill, page 4, strike lines 26 and 27.

Page 5, strike lines 1 through 3 and substitute:

"(9) "PUBLIC HEALTH EMERGENCY" MEANS:
(a) AN ACT OF BIOTERRORISM, A PANDEMIC INFLUENZA, OR AN
EPIDEMIC CAUSED BY A NOVEL AND HIGHLY FATAL INFECTIOUS AGENT,
FOR WHICH:
(I) AN EMERGENCY IS DECLARED BY A FEDERAL, STATE, OR LOCAL
PUBLIC HEALTH AGENCY; OR
(II) A DISASTER EMERGENCY IS DECLARED BY THE GOVERNOR; OR
(b) A HIGHLY INFECTIOUS ILLNESS OR AGENT WITH EPIDEMIC OR
PANDEMIC POTENTIAL FOR WHICH A DISASTER EMERGENCY IS DECLARED
BY THE GOVERNOR.".

Page 13, line 21, strike "AND".

Page 13, strike line 23 and substitute "UNDER THS SECTION; AND
(c) EMPLOYEES ARE ONLY ELIGIBLE FOR PAID SICK LEAVE IN THE
AMOUNT DESCRIBED IN SUBSECTION (1) OF THIS SECTION ONCE DURING
THE ENTIRETY OF A PUBLIC HEALTH EMERGENCY EVEN IF SUCH PUBLIC
HEALTH EMERGENCY IS AMENDED, EXTENDED, RESTATED, OR
PROLONGED.".


Amendment No. 4(L.050), by Senator Fenberg.

Amend printed bill, page 17, strike lines 13 through 16 and substitute:

"(4) (a) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION
(2)(a) OR (6) OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED
ONE HUNDRED DOLLARS FOR EACH SEPARATE VIOLATION.
(b) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION (2)(b)
OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED ONE
HUNDRED DOLLARS.
(c) THE FINES COLLECTED UNDER THIS SUBSECTION (4) SHALL BE
TRANSMITTED TO THE STATE TREASURER, WHO SHALL DEPOSIT THE FINES
IN THE GENERAL FUND.".


Amendment No. 5(L.052), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 3, strike lines 13 and 14 and substitute:

"Page 16 of the bill, strike lines 12 through 21 and substitute:

"8-13.3-408. Notice to employees - penalty - rules. (1) EACH
EMPLOYER SHALL NOTIFY ITS EMPLOYEES THAT THEY ARE ENTITLED TO
PAID SICK LEAVE, PURSUANT TO RULES PROMULGATED BY THE DIVISION.
THE RULES MUST REQUIRE THE NOTICE TO:
(a) SPECIFY THE AMOUNT OF PAID SICK LEAVE TO WHICH
EMPLOYEES ARE ENTITLED AND THE TERMS OF ITS USE UNDER THIS PART
4; AND
(b) NOTIFY EMPLOYEES THAT EMPLOYERS CANNOT RETALIATE
AGAINST AN EMPLOYEE FOR REQUESTING OR USING PAID SICK LEAVE AND
THAT AN EMPLOYEE HAS THE RIGHT TO FILE A COMPLAINT OR BRING A
CIVIL ACTION IF PAID SICK LEAVE IS DENIED BY THE EMPLOYER OR THE
EMPLOYER RETALIATES AGAINST THE EMPLOYEE FOR EXERCISING THE
EMPLOYEE'S RIGHTS UNDER THIS PART 4.".".


Amendment No. 6(L.055), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 2, line 1, strike ""THIS" and substitute ""AN
EMPLOYER MAY SATISFY THE ACCRUAL REQUIREMENTS OF THIS SECTION
BY PROVIDING THE EMPLOYEE WITH AN AMOUNT OF PAID SICK LEAVE
THAT MEETS OR EXCEEDS THE REQUIREMENTS OF THIS SECTION AT THE
BEGINNING OF THE YEAR. NOTHING IN THIS SECTION DISCOURAGES OR
PROHIBITS AN EMPLOYER FROM PROVIDING PAID SICK LEAVE THAT
ACCRUES AT A FASTER OR MORE GENEROUS RATE THAN REQUIRED BY THIS
SECTION. THIS".


Amendment No. 7(L.057), by Senator Fenberg.

Amend printed bill, page 5, line 23, strike "leave." and substitute "leave
- rules.".

Page 8, after line 7 insert:

"(9) THE DIVISION SHALL PROMULGATE RULES REGARDING
COMPENSATION AND ACCRUAL OF PAID SICK LEAVE FOR EMPLOYEES
EMPLOYED AND COMPENSATED ON A FEE-FOR-SERVICE BASIS.".


Amendment No. 8(L.018), by Senator Fenberg.

Amend printed bill, page 21, after line 4 insert:

"8-13.3-418. Employer authorized to take disciplinary action.
NOTHING IN THIS PART 4 PROHIBITS AN EMPLOYER FROM TAKING
DISCIPLINARY ACTION AGAINST AN EMPLOYEE WHO USES PAID SICK LEAVE
PROVIDED UNDER THIS PART 4 FOR PURPOSES OTHER THAN THOSE
DESCRIBED IN THIS PART 4.".


Amendment No. 9(L.029), by Senator Fenberg.

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

"(6) EXCEPT AS PROVIDED IN SECTION 8-13.3-405 (5)(b), FOR PAID
SICK LEAVE OF FOUR OR MORE CONSECUTIVE WORK DAYS, AN EMPLOYER
MAY REQUIRE REASONABLE DOCUMENTATION THAT THE PAID SICK LEAVE
IS FOR A PURPOSE AUTHORIZED BY THIS PART 4.".


Amendment No. 10(L.045), by Senator Fenberg.

Amend printed bill, page 9, strike lines 23 through 26 and substitute:

"(3) AN EMPLOYEE MUST USE PAID SICK LEAVE IN HOURLY
INCREMENTS UNLESS THE EMPLOYEE'S EMPLOYER ALLOWS PAID SICK
LEAVE TO BE TAKEN IN SMALLER INCREMENTS OF TIME.".


Amendment No. 11(L.046), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 2, strike lines 1 through 3 and substitute:

"Page 6 of the bill, strike lines 2 through 5 and substitute "EVERY THIRTY
HOURS WORKED BY THE EMPLOYEE; EXCEPT THAT AN EMPLOYEE IS NOT
ENTITLED UNDER THIS SECTION TO EARN OR USE MORE THAN FORTY-EIGHT
HOURS OF PAID SICK LEAVE EACH YEAR, UNLESS THE EMPLOYER SELECTS
A HIGHER LIMIT. THIS SUBSECTION (2)(a) DOES NOT LIMIT THE ABILITY OF
AN EMPLOYEE TO USE PAID SICK LEAVE AS PROVIDED IN SECTION
8-13.3-405.".".


Amendment No. 12(L.048), by Senator Fenberg.

Amend printed bill, page 20, line 18, strike "THIS" and substitute:
"(1) THIS".

Page 20, after line 24 insert:

"(2) TO THE EXTENT ALLOWABLE AND NOT IN CONFLICT WITH
FEDERAL LAW, ANY PAID SICK LEAVE PROVIDED TO AN EMPLOYEE OF A
FEDERAL CONTRACTOR AS REQUIRED BY FEDERAL EXECUTIVE ORDER
13706, "ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS",
AS PUBLISHED IN 81 FED. REG. 67598 (2016), IS CONSIDERED PAID SICK
LEAVE PROVIDED UNDER THIS PART 4.".


Amendment No. 13(L.049), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 4, strike lines 20 through 30 and substitute:

"Page 20 of the bill, strike lines 25 through 27.

Page 21, strike lines 1 through 4 and substitute:
"8-13.3-415. Collective bargaining agreements. (1) WITH
AGREEMENT OF THE FUND TRUSTEES, AN EMPLOYER SIGNATORY TO A
MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT MAY FULFILL ITS
OBLIGATIONS UNDER THIS PART 4 BY MAKING CONTRIBUTIONS TO A
MULTIEMPLOYER PAID SICK LEAVE FUND, PLAN, OR PROGRAM BASED ON
THE HOURS EACH OF ITS EMPLOYEES ACCRUES PURSUANT TO THIS PART 4
WHILE WORKING UNDER THE MULTIEMPLOYER COLLECTIVE BARGAINING
AGREEMENT, PROVIDED THAT THE FUND, PLAN, OR PROGRAM ENABLES
EMPLOYEES TO COLLECT PAID SICK LEAVE FROM THE FUND, PLAN, OR
PROGRAM BASED ON HOURS THEY HAVE WORKED UNDER THE
MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT AND FOR THE
PURPOSES SPECIFIED UNDER THIS PART 4.
(2) EMPLOYEES WHO WORK UNDER A MULTIEMPLOYER
COLLECTIVE BARGAINING AGREEMENT INTO WHICH THEIR EMPLOYERS
MAKE CONTRIBUTIONS AS PROVIDED IN SUBSECTION (1) OF THIS SECTION
MAY COLLECT FROM THE PAID SICK LEAVE FUND, PLAN, OR PROGRAM
BASED ON HOURS THEY HAVE WORKED UNDER THE MULTIEMPLOYER
COLLECTIVE BARGAINING AGREEMENT AND FOR THE PURPOSES SPECIFIED
UNDER THIS PART 4.
8-13.3-416. Employer policies. AN EMPLOYER POLICY
ADOPTED".".


Amendment No. 14(L.042), by Senator Fenberg.

Amend printed bill, page 15, strike lines 2 through 16.

Renumber succeeding subsections accordingly.


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

Senate Journal, June 9
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--
Concerning the requirement that employers offer sick leave to their employees, and, in
connection therewith, making an appropriation.

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

Third Reading Amendment No. 1(L.058), by Senator Fenberg.

Amend engrossed bill, page 11, strike line 16 and substitute "emergency.
(1) IN ADDITION TO PAID SICK LEAVE ACCRUED UNDER SECTION
8-13.3-403, ON THE DATE A PUBLIC HEALTH EMERGENCY IS DECLARED,
EACH EMPLOYER".

Page 12, line 1, strike "(2)" and substitute "(2) (a) AN EMPLOYER MAY
COUNT AN EMPLOYEE'S UNUSED ACCRUED PAID SICK LEAVE UNDER
SECTION 8-13.3-403 TOWARD THE SUPPLEMENTAL PAID SICK LEAVE
REQUIRED IN SUBSECTION (1) OF THIS SECTION.
(b)".

The amendment was passed on the following roll call vote:

YES 33 NO 0 EXCUSED 2 ABSENT 0
Bridges Y Gardner Y Marble E Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson E Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y

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

YES 19 NO 14 EXCUSED 2 ABSENT 0
Bridges Y Gardner N Marble E Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen Y Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson E Hill N Rankin N Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg N

House Journal, June 12
22 Amendment No. 1, by Representative Becker.
23
24 Amend reengrossed bill, page 5, after line 27 insert:
25
26 "(12) "SUCCESSOR EMPLOYER" MEANS AN EMPLOYING UNIT,
27 WHETHER OR NOT AN EMPLOYING UNIT AT THE TIME OF ACQUISITION, THAT
28 BECOMES AN EMPLOYER SUBJECT TO THIS PART 4 BECAUSE IT ACQUIRES
29 ALL OF AN ORGANIZATION, A TRADE, OR A BUSINESS OR SUBSTANTIALLY
30 ALL OF THE ASSETS OF ONE OR MORE EMPLOYERS SUBJECT TO THIS PART
31 4.".
32
33 Renumber succeeding subsection accordingly.
34
35 Page 8, strike lines 21 through 26 and substitute:
36
37 "(8) IF A SUCCESSOR EMPLOYER SUCCEEDS AN ORIGINAL
38 EMPLOYER, ALL EMPLOYEES OF THE ORIGINAL EMPLOYER WHO REMAIN
39 EMPLOYED BY THE SUCCESSOR EMPLOYER ARE ENTITLED TO ALL PAID SICK
40 LEAVE THAT THE EMPLOYEES ACCRUED WHEN EMPLOYED BY THE
41 ORIGINAL EMPLOYER AND ARE ENTITLED TO USE PREVIOUSLY ACCRUED
42 PAID SICK LEAVE AS SPECIFIED IN SECTION 8-13.3-404.".
43
44 Amendment No. 2, by Representative Becker.
45
46 Amend reengrossed bill, page 4, line 19, strike "(8) (a)" and substitute
47 "(8) (a) (I)".
48
49 Page 4, line 20, strike "(I)" and substitute "(A)".
50
51 Page 4, line 23, strike "(II)" and substitute "(B)".
52
53 Page 4, after line 25 insert:
54
55 "(II) FOR PURPOSES OF SUBSECTION (8)(a)(I)(A) OF THIS SECTION:
1 (A) "SAME HOURLY RATE OR SALARY" UNDER THIS PART 4 DOES
2 NOT INCLUDE OVERTIME, BONUSES, OR HOLIDAY PAY.
3 (B) FOR EMPLOYEES PAID ON COMMISSION BASIS ONLY, "SAME
4 HOURLY RATE OR SALARY" MEANS A RATE OF NO LESS THAN THE
5 APPLICABLE MINIMUM WAGE.
6 (C) FOR EMPLOYEES PAID AN HOURLY, WEEKLY, OR MONTHLY
7 WAGE AND ALSO PAID ON A COMMISSION BASIS, "SAME HOURLY RATE OR
8 SALARY" MEANS THE RATE OF PAY EQUIVALENT TO THE EMPLOYEE'S
9 HOURLY, WEEKLY, OR MONTHLY WAGE OR THE APPLICABLE MINIMUM
10 WAGE, WHICHEVER IS GREATER.".
11
12 Amendment No. 3, by Representative Becker.
13
14 Amend reengrossed bill, page 19, line 2, strike "THREE-YEAR" and
15 substitute "TWO-YEAR".
16
17 Amendment No. 4, by Representative Becker.
18
19 Amend reengrossed bill, page 19, strike lines 11 and 12 and substitute
20 "PRESUMED TO HAVE VIOLATED THIS PART 4 UNLESS THE EMPLOYER
21 DEMONSTRATES COMPLIANCE BY A PREPONDERANCE OF THE EVIDENCE.".
22
23 Amendment No. 5, by Representative Becker.
24
25 Amend reengrossed bill, page 20, strike lines 10 through 13 and
26 substitute:
27
28 "(d) BEFORE COMMENCING ANY CIVIL ACTION UNDER THIS
4 29 SECTION, AN AGGRIEVED PERSON MUST, IN ACCORDANCE WITH ARTICLE
30 OF THIS TITLE 8, SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A
31 WRITTEN DEMAND FOR COMPENSATION OR OTHER RELIEF TO THE
32 EMPLOYER. AN EMPLOYER HAS FOURTEEN DAYS TO RESPOND AFTER
33 RECEIVING EITHER A NOTICE FROM THE DIVISION THAT A COMPLAINT HAS
34 BEEN FILED WITH THE DIVISION OR A WRITTEN DEMAND FROM THE
35 AGGRIEVED PERSON FOR COMPENSATION OR OTHER RELIEF UNDER THIS
36 PART 4.".
37
38 Amendment No. 6, by Representative Becker.
39
40 Amend reengrossed bill, page 11, line 11, strike "EXCEPT AS PROVIDED IN
41 SECTION 8-13.3-405 (5)(b)," and substitute "NOTWITHSTANDING SECTION
42 8-13.3-405 (4)(b),".
43
44 Amendment No. 7, by Representative Roberts.
45
46 Amend reengrossed bill, page 11, line 14, after the period add
47 "ADDITIONALLY, AN EMPLOYER OF A SEASONAL EMPLOYEE IN THE
48 OUTDOOR RECREATION INDUSTRY MAY REQUEST REASONABLE
49 DOCUMENTATION AFTER ONE WORK DAY IF THE EMPLOYER HAS A
50 REASONABLE BELIEF THAT THE EMPLOYEE HAS USED THE PAID SICK LEAVE
51 IN VIOLATION OF THIS PART 4.".
52
53
1 Amendment No. 8, by Representative Larson.
2
3 Amend reengrossed bill, page 4, line 8, strike "GOVERNMENT." and
4 substitute "GOVERNMENT OR AN EMPLOYER WITH FIFTEEN OR FEWER
5 EMPLOYEES.".
6
7 As amended, ordered revised and placed on the Calendar for Third
8 Reading and Final Passage.

House Journal, June 12
28 Amend reengrossed bill, page 4, line 3, after the period add ""EMPLOYEE"
29 DOES NOT INCLUDE A SEASONAL WORKER EMPLOYED IN THE AGRICULTURE
30 INDUSTRY.".
31
32 The amendment was declared lost by the following roll call vote:
33
34 YES 21 NO 39 EXCUSED 5 ABSENT
35 Arndt N Exum N Larson Y Singer N
36 Baisley Y Froelich N Liston Y Sirota N
37 Benavidez N Garnett N Lontine N Snyder N
38 Bird N Geitner Y McCluskie N Soper Y
39 Bockenfeld Y Gonzales-Gutierrez N McKean E Sullivan N
40 Buck Y Gray N McLachlan N Tipper N
41 Buckner N Herod N Melton N Titone N
42 Buentello E Holtorf Y Michaelson Jenet N Valdez A. N
43 Caraveo N Hooton N Mullica N Valdez D. N
44 Carver Y Humphrey Y Neville Y Van Winkle Y
45 Catlin Y Jackson E Pelton Y Weissman N
46 Champion Y Jaquez Lewis N Ransom Y Will Y
47 Coleman N Kennedy N Rich Y Williams D. Y
48 Cutter N Kipp N Roberts N Wilson Y
49 Duran N Kraft-Tharp N Saine Y Woodrow N
50 Esgar N Landgraf E Sandridge E Young N
51 Speaker N

Senate Journal, June 15
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--Concerning
the requirement that employers offer sick leave to their employees, and, in connection
therewith, making an appropriation.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB20-205

*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************

To the President of the Senate and the
Speaker of the House of Representatives:

Your first conference committee appointed on SB20-205,
concerning the requirement that employers offer sick leave to their
employees, and, in connection therewith, making an appropriation, has
met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the
bill, as the amendments appear in the rerevised bill, with the following
changes:

Amend rerevised bill, page 4, lines 8 and 9, strike "GOVERNMENT OR AN
EMPLOYER WITH FIFTEEN OR FEWER EMPLOYEES." and substitute
"GOVERNMENT.".

Page 5, line 1, strike "FOR PURPOSES OF" and substitute "AS USED IN".

Page 5, line 4, after "ON" insert "A".

Page 6, line 26, after "(1)" insert "(a)".

Page 7, strike lines 2 through 4 and substitute:

"(b) EFFECTIVE JANUARY 1, 2021, EACH EMPLOYER WITH SIXTEEN
OR MORE EMPLOYEES SHALL PROVIDE EACH EMPLOYEE PAID SICK LEAVE
AS PROVIDED IN THIS SECTION. THIS SUBSECTION (1)(b) IS REPEALED,
EFFECTIVE JANUARY 1, 2022.
(c) EFFECTIVE JANUARY 1, 2022, EACH EMPLOYER SHALL PROVIDE
EACH EMPLOYEE PAID SICK LEAVE AS PROVIDED IN THIS SECTION.
(2) (a) EACH EMPLOYEE EARNS AT LEAST ONE HOUR OF PAID SICK
LEAVE FOR".

Page 12, strike lines 6 through 10 and substitute "A PURPOSE AUTHORIZED
BY THIS PART 4.".

Page 21, strike line 1 and substitute:

"(b) (I) BEGINNING JANUARY 1, 2021, AN EMPLOYER WITH
SIXTEEN OR MORE EMPLOYEES WHO VIOLATES THIS".

Page 21, line 3, after the period add "THIS SUBSECTION (4)(b)(I) IS
REPEALED, EFFECTIVE JANUARY 1, 2022.
(II) BEGINNING JANUARY 1, 2022, AN EMPLOYER WHO VIOLATES
THIS PART 4 IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED
BY SECTION 8-5-104 (2)(a) AND (2)(b).".

2. That, under the authority granted the committee to consider
matters not at issue between the two houses, the following amendments
be recommended:

Amend rerevised bill, page 23, line 18, after "(1)" insert "(a)".

Page 24, line 3, strike "(2)" and substitute "(b)".

Page 24, line 5, strike "(1)" and substitute "(1)(a)".

Page 24, after line 9 insert:

"(2) THIS PART 4 DOES NOT APPLY TO EMPLOYEES COVERED BY A
BONA FIDE COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON THE
EFFECTIVE DATE OF THIS PART 4 IF THE COLLECTIVE BARGAINING
AGREEMENT PROVIDES FOR EQUIVALENT OR MORE GENEROUS PAID SICK
LEAVE FOR THE EMPLOYEES COVERED BY THE COLLECTIVE BARGAINING
AGREEMENT.
(3) FOR EMPLOYEES COVERED BY A BONA FIDE COLLECTIVE
BARGAINING AGREEMENT THAT IS INITIALLY NEGOTIATED OR NEGOTIATED
FOR THE NEXT COLLECTIVE BARGAINING AGREEMENT AFTER THE
EFFECTIVE DATE OF THIS PART 4, THIS PART 4 DOES NOT APPLY TO SUCH
EMPLOYEES IF THE REQUIREMENTS OF THIS PART 4 ARE EXPRESSLY WAIVED
IN THE COLLECTIVE BARGAINING AGREEMENT AND THE COLLECTIVE
BARGAINING AGREEMENT PROVIDES FOR EQUIVALENT OR MORE GENEROUS
PAID SICK LEAVE FOR THE EMPLOYEES COVERED BY THE COLLECTIVE
BARGAINING AGREEMENT.".


Respectfully submitted,


Senate Committee: House Committee:

(signed) (signed)
Sen. Fenberg, Chair Rep. Becker, Chair
Sen. Bridges Rep. Caraveo
Sen. Smallwood Rep. Larson



SB20-207 Unemployment Insurance 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

Beginning in calendar year 2021 and each year thereafter, the act increases the amount of wages paid to an individual employee during a calendar year on which the employer of that employee is required to pay premiums to the unemployment compensation fund (fund).

The act exempts payment for services to an election judge, up to the maximum amount permissible by federal law, for the purposes of calculating total unemployment compensation benefits.

Current law requires the weekly total and partial unemployment benefit amounts to be reduced by the amount of an individual's wages that exceeds 25% of the weekly benefit amount. For the next 2 calendar years only, the act changes the deduction amount to the amount of an individual's wages that exceeds 50% of the weekly benefit amount.

When determining whether an individual qualifies for unemployment insurance, the act directs the division of unemployment insurance (division) in the department of labor and employment (department) to consider whether the individual has separated from employment or has refused to accept new employment because:

  • The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; or an executive order issued by the governor, or a public health order issued by the department of public health and environment or a local government, requiring the employer to close the business or modify the operation of the business;
  • The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or
  • The employee is immunocompromised and more susceptible to illness during a public health emergency.

The act changes the time period that an interested party has to respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days.

Current law authorizes the division to approve a work share plan submitted by an employer if the employee's normal weekly work hours have been reduced by at least 10% but not more than 40%. The act changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law.

The act removes the cap on the amount of money that can be paid into and remain in the employment support fund.

The act prohibits the division from assessing a solvency surcharge for the fund on employers for the calendar years 2021 and 2022.

The act requires the state treasurer to transfer any unexpended federal funds received by the state from the federal "CARES Act" to the fund prior to the close of business on December 30, 2022.

The act requires the office of future of work in the department to study unemployment assistance as part of a study on the modernization of worker benefits and protections and report its findings to the governor and the general assembly.


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

Status: 5/26/2020 Introduced In Senate - Assigned to Finance
6/2/2020 Senate Committee on Finance Refer Amended to Appropriations
6/6/2020 Senate Second Reading Special Order - Passed with Amendments - Committee
6/6/2020 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
6/8/2020 Senate Third Reading Passed - No Amendments
6/8/2020 Introduced In House - Assigned to Finance + Appropriations
6/9/2020 House Committee on Finance Refer Unamended to Appropriations
6/10/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/10/2020 House Second Reading Special Order - Passed with Amendments - Floor
6/11/2020 House Third Reading Laid Over Daily - No Amendments
6/12/2020 House Third Reading Passed - No Amendments
6/13/2020 Senate Considered House Amendments - Result was to Concur - Repass
6/22/2020 Signed by the President of the Senate
6/29/2020 Sent to the Governor
6/29/2020 Signed by the Speaker of the House
7/14/2020 Governor Signed
Amendments:

Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-207 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, strike lines 2 through 25.

Strike pages 4 and 5.

Page 6, strike lines 1 through 11.

Renumber succeeding sections accordingly.

Page 6, line 15, strike "(4)" and substitute "(4)(a)".

Page 6, line 17, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 6, after line 19, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, THERE SHALL BE DEDUCTED
FROM THE WEEKLY BENEFIT AMOUNT THAT PART OF WAGES PAYABLE TO
AN INDIVIDUAL WITH RESPECT TO A WEEK THAT IS IN EXCESS OF FIFTY
PERCENT OF THE WEEKLY BENEFIT AMOUNT, AND THE WEEKLY BENEFIT
AMOUNT RESULTING SHALL BE COMPUTED TO THE NEXT LOWEST
MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 6, line 24, strike "SERVICES." and substitute "SERVICES; EXCEPT
THAT "WAGES" INCLUDES PAYMENT MADE TO AN ELECTION JUDGE IF THE
PAYMENT EXCEEDS THE MAXIMUM AMOUNT PERMISSIBLE PURSUANT TO
FEDERAL LAW.".

Page 6, line 27, strike "(1)" and substitute "(1)(a)".

Page 7, line 5, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 7, after line 8, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, PARTIAL BENEFITS SHALL BE IN
AN AMOUNT EQUAL TO THE ELIGIBLE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT FOR TOTAL UNEMPLOYMENT, MINUS THAT PART OF WAGES
PAYABLE TO THE INDIVIDUAL WITH RESPECT TO THE WEEK THAT IS IN
EXCESS OF FIFTY PERCENT OF THE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT AS COMPUTED IN ACCORDANCE WITH SECTION 8-73-102, AND
THE BENEFIT PAYMENT RESULTING SHALL BE COMPUTED TO THE NEXT
LOWER MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 7, line 10, strike the second "and".

Page 7, strike line 11 and substitute "(5)(b)(V), and (5)(b)(VI) as
follows:".

Page 9, line 23, strike "EMERGENCY." and substitute "EMERGENCY; OR
(VI) THE EMPLOYEE IS IMMUNOCOMPROMISED AND MORE
SUSCEPTIBLE TO ILLNESS OR DISEASE DURING A PUBLIC HEALTH
EMERGENCY AS EVIDENCED BY THE EMPLOYEE'S HEALTH CARE
PROVIDER.".

Page 12, strike line 10 and substitute "(1)(b); and repeal (2)(a.7) and
(2)(a.8) as follows:".

Page 12, strike lines 15 and 16 and substitute "8-76-102.5 (3)(a). or the
amount expended from the employment support fund in the year prior to
July 1, 2011, adjusted by the same percentage".

Page 13, after line 3 insert:

"(2) (a.7) Notwithstanding any provision of this subsection (2) to
the contrary, on March 5, 2003, the state treasurer shall deduct five
million four hundred thousand dollars from the employment support fund
and transfer such sum to the general fund.
(a.8) Notwithstanding any provision of this subsection (2) to the
contrary, on April 20, 2009, the state treasurer shall deduct five million
dollars from the employment support fund and transfer such sum to the
general fund.".

Page 13, strike lines 6 through 27.

Page 14, strike lines 1 through 3 and substitute:

"8-77-110. Office of future of work - study - report. (1) THE
OFFICE OF FUTURE OF WORK IN THE DEPARTMENT OF LABOR AND
EMPLOYMENT, CREATED BY EXECUTIVE ORDER B 2019 009 SHALL, WITHIN
THE SCOPE OF THE EXECUTIVE ORDER, STUDY UNEMPLOYMENT
ASSISTANCE AS PART OF ITS STUDY ON THE MODERNIZATION OF WORKER
BENEFITS AND PROTECTIONS.
(2) ON OR BEFORE JANUARY 15, 2021, THE OFFICE OF THE FUTURE
OF WORK SHALL SUBMIT AN INITIAL REPORT AS DIRECTED BY THE
EXECUTIVE ORDER, TO THE GOVERNOR AND TO THE BUSINESS, LABOR,
AND TECHNOLOGY COMMITTEE OF THE SENATE AND THE BUSINESS
AFFAIRS AND LABOR COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR
THEIR SUCCESSOR COMMITTEES.".


House Journal, June 10
17 Amendment No. 1, by Representative Gray.
18
19 Amend reengrossed bill, page 3, after line 1 insert:
20
21 "SECTION 1. In Colorado Revised Statutes, 8-70-103, amend
22 the introductory portion and (6.5) as follows:
23 8-70-103. Definitions. As used in articles 70 to 82 of this title
24 TITLE 8, unless the context otherwise requires:
25 (6.5) (a) "Chargeable wages" means those wages paid to an
26 individual employee during a calendar year on which the employer of that
27 employee is required to pay premiums as provided by article 76 of this
28 title TITLE 8, including all wages subject to a tax under federal law, which
29 imposes a tax against which credit may be taken for premiums required
30 to be paid into a state THE unemployment COMPENSATION fund. For each
31 calendar year, chargeable wages is the first ten thousand dollars paid to
32 an individual; except that, effective January 1, 2012, chargeable wages
33 for each calendar year is the first eleven thousand dollars paid to an
34 individual and except that, after January 1, 2013, chargeable wages is the
35 first eleven thousand dollars paid to an individual, adjusted by the change
36 in the average weekly earnings prescribed in section 8-73-102, rounded
37 to the nearest one hundred dollars AS FOLLOWS:
38 (I) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2021, THE
39 FIRST THIRTEEN THOUSAND SIX HUNDRED DOLLARS PAID TO AN
40 INDIVIDUAL;
41 (II) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2022, THE
42 FIRST SEVENTEEN THOUSAND DOLLARS PAID TO AN INDIVIDUAL;
43 (III) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2023, THE
44 FIRST TWENTY THOUSAND FOUR HUNDRED DOLLARS PAID TO AN
45 INDIVIDUAL;
46 (IV) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2024, THE
47 FIRST TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS PAID TO AN
48 INDIVIDUAL;
49 (V) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2025, THE
50 FIRST TWENTY-SEVEN THOUSAND TWO HUNDRED DOLLARS PAID TO AN
51 INDIVIDUAL; AND
52 (VI) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2026, AND
53 EACH CALENDAR YEAR THEREAFTER, THE FIRST THIRTY THOUSAND SIX
54 HUNDRED DOLLARS PAID TO AN INDIVIDUAL, ADJUSTED BY THE CHANGE IN
55 THE AVERAGE WEEKLY EARNINGS PRESCRIBED IN SECTION 8-73-102,
1 ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS.
2 (b) As used in articles 70 to 82 of this title TITLE 8, chargeable
3 wages paid includes chargeable wages constructively paid as well as
4 chargeable wages actually paid.".
5
6 Renumber succeeding sections accordingly.
7
8 Page 11, after line 5 insert:
9 "SECTION 9. In Colorado Revised Statutes, 8-76-102.5, add
10 (3)(a.5) and (7)(c) as follows:
11 8-76-102.5. Rates effective upon fund solvency - repeal of
12 prior rates - solvency surcharge - definitions - repeal.
13 (3)(a.5) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, IF THE
14 RESERVE RATIO IS ONE AND FOUR-TENTHS PERCENT OR GREATER ON JUNE
15 30 OF ANY YEAR, THE DEPARTMENT SHALL REDUCE EMPLOYER PREMIUMS
16 UP TO FIFTEEN PERCENT FOR THE FOLLOWING CALENDAR YEAR.
17 (7) (c) (I) NOTWITHSTANDING SUBSECTION (7)(a) OF THIS SECTION,
18 FOR THE CALENDAR YEARS 2021 AND 2022, THE DIVISION SHALL NOT
19 ASSESS A SOLVENCY SURCHARGE ON ANY EMPLOYER.
20 (II) THIS SUBSECTION (7)(c) IS REPEALED, EFFECTIVE JANUARY 1,
21 2023.
22 SECTION 10. In Colorado Revised Statutes, add 8-77-101.5 as
23 follows:
24 8-77-101.5. CARES act funds - administration - transfer -
25 unemployment compensation fund - legislative declaration. (1) THE
26 GENERAL ASSEMBLY FINDS THAT:
27 (a) ON MARCH 27, 2020, THE FEDERAL GOVERNMENT ENACTED
28 THE "CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT"
29 ("CARES ACT"), PUB.L. 116-136, PURSUANT TO WHICH COLORADO
30 RECEIVED APPROXIMATELY ONE BILLION SIX HUNDRED SEVENTY-FOUR
31 MILLION DOLLARS FROM THE FEDERAL CORONAVIRUS RELIEF FUND TO USE
32 FOR NECESSARY EXPENDITURES INCURRED DUE TO THE CURRENT
33 COVID-19 PUBLIC HEALTH EMERGENCY;
19 34 (b) THE PUBLIC HEALTH EMERGENCY CAUSED BY COVID-
35 CAUSED AN HISTORIC INCREASE IN UNEMPLOYMENT IN THE STATE AND
36 THIS HAS CAUSED A DRAMATIC INCREASE IN THE NUMBER OF CLAIMS FOR
37 BENEFITS FROM THE UNEMPLOYMENT COMPENSATION FUND, CREATED IN
38 SECTION 8-77-101;
39 (c) AS A RESULT, IT IS ESTIMATED THAT THE UNEMPLOYMENT
40 COMPENSATION FUND, CREATED IN SECTION 8-77-101, WILL HAVE A
41 DEFICIT OF APPROXIMATELY TWO BILLION DOLLARS BY THE END OF FISCAL
42 YEAR 2020-21;
43 (d) THESE COSTS WILL NOT BE REIMBURSED BY THE FEDERAL
44 GOVERNMENT, NOR ARE THEY ACCOUNTED FOR IN THE BUDGET APPROVED
45 AS OF MARCH 27, 2020;
46 (e) THE UNITED STATES DEPARTMENT OF TREASURY HAS STATED
47 THAT PAYMENTS TO THE STATE UNEMPLOYMENT COMPENSATION FUND,
48 CREATED IN SECTION 8-77-101, ARE AN ALLOWABLE USE OF THE MONEY
42 49 FROM THE FEDERAL CORONAVIRUS RELIEF FUND, UNDER SECTION
50 U.S.C. SEC. 801 (d); AND
51 (f) THE TRANSFER OF MONEY FROM THE "CARES ACT" TO THE
52 STATE UNEMPLOYMENT COMPENSATION FUND, CREATED IN SECTION
53 8-77-101, IS A NECESSARY EXPENDITURE INCURRED DUE TO THE PUBLIC
54 HEALTH EMERGENCY WITH RESPECT TO COVID-19.
55 (2) IF, AS OF DECEMBER 30, 2020, THERE IS ANY UNEXPENDED
801 1 MONEY THAT THE STATE RECEIVED THROUGH SECTION 42 U.S.C. SEC.
2 (d) OF THE "CARES ACT", THEN JUST PRIOR TO THE CLOSE OF BUSINESS
3 ON DECEMBER 30, 2020, THE STATE TREASURER SHALL TRANSFER THE
4 UNEXPENDED AMOUNT OF FEDERAL FUNDS TO THE UNEMPLOYMENT
5 COMPENSATION FUND CREATED IN SECTION 8-77-101.".
6
7 Renumber succeeding sections accordingly.
8
9 Page 11, after line 19 insert:
10
11 "SECTION 12. Effective date. This act takes effect upon
12 passage; except that section 1 of this act takes effect January 1, 2021.".
13
14 Renumber succeeding section accordingly.
15
16 As amended, ordered revised and placed on the Calendar for Third
17 Reading and Final Passage.



SB20-215 Health Insurance Affordability Enterprise 
Comment:
Calendar Notification: Monday, June 15 2020
CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS
(6) in senate calendar.
Summary:

The bill establishes the health insurance affordability enterprise, for purposes of section 20 of article X of the state constitution, that is authorized to assess a health insurance affordability fee (insurer fee) on certain health insurers and a special assessment (hospital assessment) on hospitals in order to:

  • Provide business services to carriers that pay the fee, including services to increase enrollment in health benefit plans offered by carriers across the state; increasing the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals; funding the reinsurance program that offsets the costs carriers would otherwise pay for covering consumers with high medical costs; improving the stability of the market throughout the state by providing consistent private health care coverage and reducing the movement of individuals between group and individual coverage and from insured to uninsured status; and reducing provider cost shifting from the individual market and the uninsured to the group market; and creating a healthier risk pool for all carriers by establishing a path for consistent coverage for individuals; and
  • Provide business services to hospitals, including increasing hospital revenues by reducing the amount of uncompensated care provided by hospitals; and reducing the need of providers to shift costs of providing uncompensated care to other payers ; and expanding access to high-quality, affordable health care for low-income and uninsured residents .

The enterprise is to start assessing and collecting the insurer fee in 2021, which fee is based on a percentage of premiums collected by health insurers in the previous calendar year on health benefit plans issued in the state. The hospital assessment is a specified amount assessed and collected in the 2022 and 2023 calendar years. Money collected from the insurer fee and hospital assessment is to be deposited in the health insurance affordability cash fund (fund), which the bill creates. The bill also transfers an amount of premium taxes collected by the state in 2020 or later years that exceeds the amount collected in 2019, but not more than 10% of the enterprise's revenues, to the fund.

The enterprise is required to use the insurer fee, the hospital assessment, and any premium tax revenues or other money available in the fund, in accordance with the allocation specified in the bill, for the following purposes:

  • To provide funding for the reinsurance program established by House Bill 19-1168;
  • To provide payments to carriers to increase the affordability of health insurance on the individual market for Coloradans who receive the premium tax credit available under federal law;
  • To provide subsidies for state-subsidized individual health coverage plans purchased by qualified low-income individuals who are not eligible for the premium tax credit or public assistance health care programs;
  • To pay the actual administrative costs of the enterprise and the division of insurance for implementing and administering the bill, limited to 3% of the enterprise's revenues; and
  • To pay the costs for consumer enrollment, outreach, and education activities regarding health care coverage.

The enterprise is governed by a 9-member board composed of the executive director of the Colorado health benefit exchange and the commissioner of insurance or their designees and 7 members appointed by the governor and representing various aspect of the health care industry and health care consumers.

With regard to the reinsurance program and enterprise established pursuant to House Bill 19-1168, the bill:

  • Incorporates the reinsurance program enterprise within the health insurance affordability enterprise;
  • Eliminates funding for the reinsurance program from special assessments on hospitals and health insurers, excess premium tax revenues, and specified transfers from the state general fund and instead allocates a portion of the health insurance affordability enterprise revenues to the reinsurance program annually; and
  • Extends the reinsurance program, subject to federal approval of a new or extended state innovation waiver to enable the state to operate the reinsurance program and access federal funding for the program.

(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: 6/2/2020 Introduced In Senate - Assigned to Finance
6/3/2020 Senate Committee on Finance Refer Unamended to Appropriations
6/6/2020 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
6/8/2020 Senate Second Reading Special Order - Passed with Amendments - Floor
6/9/2020 Senate Third Reading Passed - No Amendments
6/9/2020 Introduced In House - Assigned to Finance + Appropriations
6/10/2020 House Committee on Finance Refer Unamended to Appropriations
6/11/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/11/2020 House Second Reading Special Order - Laid Over Daily - No Amendments
6/12/2020 House Second Reading Special Order - Passed with Amendments - Floor
6/13/2020 House Third Reading Passed with Amendments - Floor
6/15/2020 Senate Considered House Amendments - Result was to Concur - Repass
6/19/2020 Signed by the President of the Senate
6/22/2020 Sent to the Governor
6/22/2020 Signed by the Speaker of the House
6/30/2020 Governor Signed
Amendments:

Senate Journal, June 8
SB20-215 by Senator(s) Moreno and Donovan; also Representative(s) Kennedy and McCluskie--
Concerning measures to address the affordability of health insurance for Coloradans
purchasing coverage on the individual market, and, in connection therewith, establishing an
enterprise to administer a health insurance affordability fee assessed on certain health
insurers and a special assessment on hospitals to fund measures to reduce consumer costs
for individual health coverage plans.

Amendment No. 1(L.007), by Senator Moreno.

Amend printed bill, page 4, strike lines 21 and 22 and substitute
"INSURED AND UNINSURED STATUS;".

Page 4, after line 25 insert:

"(V) CREATING A HEALTHIER RISK POOL FOR ALL CARRIERS BY
ESTABLISHING A PATH FOR CONSISTENT COVERAGE FOR INDIVIDUALS;
AND".

Page 5, line 1, strike "INCREASING HOSPITAL REVENUES BY REDUCING"
and substitute "REDUCING".

Page 5, line 2, strike "AND".

Page 5, line 4, strike "PAYERS." and substitute "PAYERS; AND
(III) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED COLORADANS.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
THAT, CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION, AND THE HEALTH INSURANCE AFFORDABILITY FEES AND
SPECIAL ASSESSMENTS CHARGED AND COLLECTED BY THE HEALTH
INSURANCE AFFORDABILITY ENTERPRISE ARE FEES, NOT TAXES, BECAUSE
THE FEES AND ASSESSMENTS ARE IMPOSED FOR THE SPECIFIC PURPOSE OF
ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE
BUSINESS SERVICES SPECIFIED IN SECTION 10-16-1204 (1)(a) TO THE
CARRIERS AND HOSPITALS THAT PAY THE FEES AND ASSESSMENTS AND
ARE COLLECTED AT RATES THAT ARE REASONABLY CALCULATED BASED
ON THE BENEFITS RECEIVED BY THOSE CARRIERS AND HOSPITALS.".

Page 6, after line 14 insert:

"(a) IS A COLORADO RESIDENT;".

Reletter succeeding paragraphs accordingly.

Page 7, lines 24 and 25, strike "BETWEEN GROUP AND INDIVIDUAL
COVERAGE AND".

Page 7, line 27, strike the second "AND".

Page 7, after line 27 insert:

"(F) CREATING A HEALTHIER RISK POOL FOR ALL CARRIERS BY
ESTABLISHING A PATH FOR CONSISTENT COVERAGE FOR INDIVIDUALS;
AND".

Page 8, line 2, strike "INCREASING HOSPITAL REVENUES BY REDUCING"
and substitute "REDUCING".

Page 8, line 3, strike "AND".

Page 8, line 5, strike "PAYERS." and substitute "PAYERS; AND
(C) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED COLORADANS.".

Page 8, strike lines 15 through 17 and substitute:

"(II) THE".

Page 9, line 3, after "(e)" insert "(I)".

Page 9, line 4, strike "CONTRACTORS, CONSULTANTS, AND LEGAL
COUNSEL" and substitute "CONTRACTORS AND CONSULTANTS, INCLUDING
THE DIVISION,".

Page 9, line 6, strike "ENTERPRISE;" and substitute "ENTERPRISE,
WITHOUT REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112
OF TITLE 24. THE ENTERPRISE SHALL ENCOURAGE DIVERSITY IN
APPLICATIONS FOR CONTRACTS AND SHALL GENERALLY AVOID USING
SINGLE-SOURCE BIDS.
(II) THE DIVISION SHALL PROVIDE OFFICE SPACE AND
ADMINISTRATIVE STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT
ENTERED INTO UNDER THIS SUBSECTION (2)(e).".

Page 9, after line 11 insert:

"(3) THE ENTERPRISE SHALL EXERCISE ITS POWERS AND PERFORM
ITS DUTIES AS IF THE SAME WERE TRANSFERRED TO THE DIVISION BY A
TYPE 2 TRANSFER, AS DEFINED IN SECTION 24-1-105.".

Page 10, line 13, strike "AND THE DIVISION".

Page 10, lines 16 and 17, strike "ENTERPRISE AND THE DIVISION," and
substitute "ENTERPRISE,".

Page 10, line 19, strike "AND DIVISION'S".

Page 12, line 1, strike "MEET THE STATE SHARE" and substitute "FUND
THE PAYMENT PARAMETERS".

Page 15, line 25, strike "AND".

Page 15, after line 25 insert:

"(d) THE REVENUE COLLECTED FROM REVENUE BONDS ISSUED
PURSUANT TO SECTION 10-16-1204 (1)(b)(II); AND".

Reletter succeeding paragraph accordingly.

Page 17, strike line 14 and substitute:

"(b) TO THE EXTENT POSSIBLE, THE GOVERNOR SHALL ATTEMPT
TO APPOINT BOARD MEMBERS WHO REFLECT THE DIVERSITY".

Page 21, line 13, strike "the" and substitute "the A".

Page 21, strike lines 14 and 15 and substitute "AN EXTENSION OF A STATE
INNOVATION WAIVER, or A federal funding request submitted by the".

Page 22, strike line 5 and substitute:

"(c) If the A state innovation waiver, AN EXTENSION OF A STATE
INNOVATION WAIVER,".

Page 22, line 6, strike "THE" and substitute "A".

Page 27, line 4, strike "(4)(a)(III)(C)" and substitute "(4)(a)(III)(B)".

Page 27, strike lines 6 and 7 and substitute "2023 THE AMOUNT OF
PREMIUM TAXES DEPOSITED IN THE HEALTH".

Page 27, line 16, strike "(4)(a)(III)(C)." and substitute "(4)(a)(III)(B).".


Amendment No. 2(L.009), by Senator Moreno.

Amend printed bill, page 17, strike lines 4 through 8 and substitute "ARE
INDIVIDUALS WHO LACK AFFORDABLE OFFERS OF COVERAGE FROM THEIR
EMPLOYERS OR OTHERWISE STRUGGLE TO AFFORD TO PURCHASE HEALTH
INSURANCE.".

Page 17, after line 16 insert:

"(c) THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE
BOARD BY OCTOBER 1, 2020.".

Page 18, strike line 6 and substitute "GOVERNOR.".


Amendment No. 3(L.012), by Senator Coram.

Amend printed bill, page 17, line 16, after "GEOGRAPHY." insert "THE
GOVERNOR SHALL APPOINT ONE MEMBER FROM EACH CONGRESSIONAL
DISTRICT IN THE STATE AND SHALL ENSURE AT LEAST ONE MEMBER
RESIDES ON THE EASTERN PLAINS AND ONE MEMBER RESIDES ON THE
WESTERN SLOPE.".


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, June 8
SB20-215 by Senator(s) Moreno and Donovan; also Representative(s) Kennedy and McCluskie--
Concerning measures to address the affordability of health insurance for Coloradans
purchasing coverage on the individual market, and, in connection therewith, establishing an
enterprise to administer a health insurance affordability fee assessed on certain health
insurers and a special assessment on hospitals to fund measures to reduce consumer costs
for individual health coverage plans.

Senator Rankin moved to amend the Report of the Committee of the Whole to show that
the following Rankin floor amendment, (L.006) to SB 20-215, did pass.

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

"SECTION 1. In Colorado Revised Statutes, 10-16-1104, amend
(1)(f) and (1)(g) as follows:
10-16-1104. Commissioner powers and duties - rules - study
and report. (1) The commissioner has all powers necessary to
implement this part 11 and is specifically authorized to:
(f) Assess special fees against hospitals and if applicable, carriers
for the continuous operation of the reinsurance program, as provided in
section 10-16-1108;
(g) IN ACCORDANCE WITH SECTION 10-16-1109, apply for a state
innovation waiver OR AN EXTENSION OF A STATE INNOVATION WAIVER;
APPLY FOR federal funds; or APPLY FOR both in accordance with section
10-16-1109, A WAIVER OR EXTENSION OF A WAIVER AND FEDERAL FUNDS
for the implementation and operation of the reinsurance program;
SECTION 2. In Colorado Revised Statutes, 10-16-1105, amend
(1)(a), (1)(c), (1)(e)(I)(C), and (2)(b) introductory portion; and add
(2)(a.5) as follows:
10-16-1105. Reinsurance program - creation - enterprise
status - subject to waiver or funding approval - operation - payment
parameters - calculation of reinsurance payments - eligible carrier
requests - definition. (1) (a) There is hereby created in the division the
Colorado reinsurance program to provide reinsurance payments to
eligible carriers. Implementation and operation of the reinsurance
program is contingent upon approval of the A state innovation waiver, AN
EXTENSION OF A STATE INNOVATION WAIVER, or A federal funding request
submitted by the commissioner in accordance with section 10-16-1109.
(c) If the A state innovation waiver, AN EXTENSION OF A STATE
INNOVATION WAIVER, or A federal funding request submitted by the
commissioner pursuant to section 10-16-1109 is approved, the
commissioner shall implement and operate the reinsurance program in
accordance with this section.
(e) (I) On a quarterly basis during the applicable benefit year:
(C) If special fees are assessed against carriers pursuant to section
10-16-1108 (1)(b), Each carrier that is subject to the special fees
ASSESSED PURSUANT TO SECTION 10-16-1108 shall report to the
commissioner on its collected assessments in that benefit year.
(2) (a.5) TO THE GREATEST EXTENT POSSIBLE, THE COMMISSIONER
SHALL SET THE PAYMENT PARAMETERS FOR THE 2021 BENEFIT YEAR AT
AMOUNTS SUFFICIENT TO MAINTAIN THE TARGETED CLAIMS REDUCTIONS
ACHIEVED IN THE 2020 BENEFIT YEAR.
(b) For the 2021 2022 benefit year AND EACH BENEFIT YEAR
THEREAFTER, after a stakeholder process, the commissioner shall
establish and publish the payment parameters for that benefit year by
March 15 2020 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR. In
setting the payment parameters under this subsection (2)(b), the
commissioner shall consider the following factors as they apply in each
geographic rating area in the state:
SECTION 3. In Colorado Revised Statutes, 10-16-1106, amend
(4) as follows:
10-16-1106. Accounting - reports - audits. (4) On or before
November 1, 2020, and on or before November 1 2021 OF EACH YEAR
THEREAFTER, the division shall include an update regarding the program
in its report to the members of the applicable committees of reference in
the senate and house of representatives as required by the "State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act", part 2 of article 7 of title 2.
SECTION 4. In Colorado Revised Statutes, 10-16-1107, amend
(1)(a)(II); and repeal (1)(a)(III) as follows:
10-16-1107. Funding for reinsurance program - sources -
permitted uses - reinsurance program cash fund - calculation of total
funding for program. (1) (a) There is hereby created in the state
treasury the reinsurance program cash fund, which consists of:
(II) Special fees assessed against hospitals and if applicable,
carriers as provided in section 10-16-1108;
(III) The following amounts transferred from the general fund to
the reinsurance program cash fund, but only if House Bill 19-1245 is
enacted at the first regular session of the seventy-second general
assembly and becomes law:
(A) Fifteen million dollars, transferred to the fund on June 30,
2020; and
(B) Forty million dollars, transferred to the fund on June 30,
2021;
SECTION 5. In Colorado Revised Statutes, 10-16-1108, amend
(1)(a)(I), (1)(b)(I), and (5); and add (1)(e) as follows:
10-16-1108. Special assessments against hospitals and carriers
- rules - enforcement. (1) (a) (I) For the 2020 and 2021 benefit years,
as applicable, The commissioner may assess special fees against hospitals
IN THE 2022 AND 2023 CALENDAR YEARS IN A TOTAL AMOUNT, FROM ALL
HOSPITALS SUBJECT TO THE FEES, OF TWENTY MILLION DOLLARS PER
YEAR, subject to the following:
(A) Fees assessed against hospitals must comply with and not
violate 42 CFR 433.68 and, in any year, must not exceed the lesser of
forty TWENTY million dollars or the maximum amount allowed under 42
CFR 433.68; and
(B) No hospital system shall be responsible for funding, on a
yearly basis, more than twenty-five percent of the total funding required
for the program; AND
(C) THE COMMISSIONER SHALL NOT COLLECT THE SPECIAL FEES
FOR THE 2022 CALENDAR YEAR BEFORE OCTOBER 1, 2022.
(b) (I) For any benefit year starting on or after January 1, 2020,
if, after carriers have filed and the commissioner has approved rates for
the benefit year, the federal government suspends the fee imposed
pursuant to section 9010 of the federal act for that benefit year STARTING
IN THE 2021 CALENDAR YEAR, the commissioner shall assess against
carriers a special fee of two and two-tenths percent ONE PERCENT of
premiums collected by carriers or a special fee in an amount equal to the
amount of the fee imposed by the federal government pursuant to section
9010 of the federal act if that fee amount is different than the amount
specified in this subsection (1)(b)(I), for the period that carriers collected
the fee imposed pursuant to section 9010 of the federal act ON HEALTH
BENEFIT PLANS ISSUED IN THE STATE.
(e) (I) NOTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS
SECTION, IF, AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1)(e), THE
UNITED STATES CONGRESS ENACTS AND THE PRESIDENT SIGNS FEDERAL
LEGISLATION ESTABLISHING OR THE SECRETARY OF THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES IMPLEMENTS A FEDERAL
REINSURANCE PROGRAM THAT PROVIDES FEDERAL FUNDING FOR THE
REINSURANCE PROGRAM OR OTHERWISE MAKES ADDITIONAL FEDERAL
FUNDS AVAILABLE FOR THE REINSURANCE PROGRAM IN EXCESS OF THE
AMOUNT RECEIVED AS FEDERAL PASS-THROUGH FUNDING PURSUANT TO
SECTION 10-16-1107 (1)(a)(I), THE COMMISSIONER SHALL NOT ASSESS
THE SPECIAL FEES AUTHORIZED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS
SECTION OR SHALL REDUCE THE AMOUNT OF SPECIAL FEES ASSESSED
PURSUANT TO THOSE SUBSECTIONS BASED ON THE AMOUNT OF FEDERAL
FUNDING IN EXCESS OF THE FEDERAL PASS-THROUGH FUNDING THAT WILL
BE AVAILABLE FOR THE REINSURANCE PROGRAM.
(II) IF THE REINSURANCE PROGRAM RECEIVES FEDERAL FUNDING
AS DESCRIBED IN THIS SUBSECTION (1)(e) TO MAKE REINSURANCE
PAYMENTS TO CARRIERS IN A GIVEN YEAR AFTER THE COMMISSIONER HAS
COLLECTED THE SPECIAL FEES FROM HOSPITALS AND CARRIERS PURSUANT
TO SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION FOR THAT YEAR, THE
COMMISSIONER SHALL RETURN TO THE HOSPITALS AND CARRIERS THE
SPECIAL FEES OR A PORTION OF THE SPECIAL FEES BASED ON THE AMOUNT
OF FEDERAL FUNDING RECEIVED FOR THAT YEAR.
(5) If a hospital or carrier if applicable, fails to pay a special fee
to the commissioner in accordance with the time periods established by
rule, the commissioner may use all powers conferred by the insurance
laws of this state to enforce payment of the special fees.
SECTION 6. In Colorado Revised Statutes, 10-16-1109, amend
(1)(a) as follows:
10-16-1109. State innovation waiver - federal funding -
Colorado reinsurance program. (1) (a) For purposes of implementing
and operating the reinsurance program as set forth in this part 11 for plan
years starting on or after January 1, 2020 2021, the commissioner may
apply to the secretary of the United States department of health and
human services for:
(I) A two-year state innovation waiver In accordance with section
1332 of the federal act, codified at 42 U.S.C. sec. 18052, and 45 CFR
155.1300:
(A) ONE OR MORE EXTENSIONS OF THE INITIAL TWO-YEAR STATE
INNOVATION WAIVER RECEIVED BEFORE THE EFFECTIVE DATE OF THIS
SUBSECTION (1)(a)(I), AS AMENDED, OR UP TO FIVE YEARS PER
EXTENSION; OR
(B) A NEW STATE INNOVATION WAIVER OF UP TO FIVE YEARS TO
FOLLOW THE INITIAL TWO-YEAR STATE INNOVATION WAIVER APPROVED
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (1)(a)(I), AS AMENDED,
AND SUBSEQUENT EXTENSIONS OF ANY NEW STATE INNOVATION WAIVER
APPROVED BY THE SECRETARY;
(II) Federal funds for the reinsurance program; or
(III) A NEW OR EXTENDED state innovation waiver and federal
funds.
SECTION 7. In Colorado Revised Statutes, 10-16-1110, amend
(2) as follows:
10-16-1110. Repeal of part - notice to revisor of statutes.
(2) This part 11 is repealed, effective September 1, 2023 SEPTEMBER 1,
2025.
SECTION 8. In Colorado Revised Statutes, 10-3-209, amend
(4)(a)(III) as follows:
10-3-209. Tax on premiums collected - exemptions - penalties.
(4) (a) The division of insurance shall transmit all taxes, penalties, and
fines it collects under this section to the state treasurer for deposit in the
general fund; except that the state treasurer shall deposit amounts in the
specified cash funds as follows:
(III) (A) For the 2020-21 STATE FISCAL YEAR and 2021-22 EACH
state fiscal years YEAR THEREAFTER, in the reinsurance program cash
fund created in section 10-16-1107, an amount equal to the amount of
premium taxes collected pursuant to this section in the 2020 calendar
year OR ANY SUBSEQUENT CALENDAR YEAR that exceeds the amount of
premium taxes collected pursuant to this section in the 2019 calendar
year, SUBJECT TO SUBSECTION (4)(a)(III)(B) OF THIS SECTION.
(B) This subsection (4)(a)(III) is repealed, effective September 1,
2023 THE AMOUNT OF PREMIUM TAXES DEPOSITED IN THE REINSURANCE
PROGRAM CASH FUND PURSUANT TO THIS SUBSECTION (4)(a)(III) IN ANY
GIVEN YEAR SHALL NOT EXCEED TEN PERCENT OF THE AMOUNT OF
REVENUES RECEIVED OR COLLECTED BY THE REINSURANCE PROGRAM
PURSUANT TO SECTION 10-16-1107 (1)(a)(I) AND (1)(a)(II) IN THAT YEAR.
THE COMMISSIONER SHALL NOTIFY THE STATE TREASURER OF THE
MAXIMUM AMOUNT OF PREMIUM TAXES THAT MAY BE DEPOSITED IN THE
REINSURANCE PROGRAM CASH FUND TO COMPLY WITH THIS SUBSECTION
(4)(a)(III)(B)
SECTION 9. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".

Page 1, strike lines 104 through 108 and substitute "AUTHORIZING THE
COMMISSIONER OF INSURANCE TO IMPOSE A SPECIAL FEE ON HEALTH
INSURERS TO PROVIDE FUNDING FOR THE REINSURANCE PROGRAM
THAT OFFSETS THE COSTS HEALTH INSURERS WOULD OTHERWISE PAY
FOR COVERING CONSUMERS WITH HIGH MEDICAL COSTS AND ENABLES
HEALTH INSURERS TO REDUCE INSURANCE PREMIUMS IN THE
INDIVIDUAL MARKET.".


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 16 NO 19 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Marble Y Story N
Cooke Y Ginal N Moreno N Tate Y
Coram Y Gonzales N Pettersen N Todd N
Crowder Y Hansen N Priola Y Williams A. N
Danielson N Hill Y Rankin Y Winter N
Donovan N Hisey Y Rodriguez N Woodward Y
Fenberg N Holbert Y Scott Y Zenzinger N
Fields N Lee N Smallwood Y President N
Foote N Lundeen Y Sonnenberg Y

House Journal, June 12
27 Amendment No. 1, by Representative Kennedy.
28
29 Amend reengrossed bill, page 10, line 22, after "ONE" insert "AND
30 FIFTEEN HUNDREDTHS".
31
32 Page 10, line 24, strike "ONE-HALF" and substitute "ONE-TENTH".
33
34 Page 11, line 16, strike "THREE" and substitute "TWO AND ONE-HALF".
35
36 Page 12, line 27, strike "THREE" and substitute "TWO".
37
38 Page 13, line 10, strike "TEN" and substitute "ONE".
39
40 Page 13, line 11, strike "2021 TO CARRIERS TO" and substitute "2021, BUT
41 NOT MORE THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR
42 IMPLEMENTATION COSTS AND CONSUMER ENROLLMENT, OUTREACH, AND
43 EDUCATION ACTIVITIES REGARDING HEALTH CARE COVERAGE AS
44 DESCRIBED IN SUBSECTION (1)(b)(V) OF THIS SECTION; AND
45 (B) THE REMAINING BALANCE TO CARRIERS TO".
46
47 Page 13, lines 14, strike "CREDIT; AND" and substitute "CREDIT.".
48
49 Page 13, strike lines 15 through 18.
50
51 Page 13, line 22, strike "THREE" and substitute "TWO AND ONE-HALF".
52
53 Page 14, line 13, strike "THREE" and substitute "TWO AND ONE-HALF".
54
55 Page 14, line 15, strike "FIFTEEN" and substitute "TWENTY".
1 Page 17, line 19, strike "NINE" and substitute "ELEVEN".
2
3 Page 17, line 24, strike "SEVEN" and substitute "NINE".
4
5 Page 18, line 4, strike "TWO" and substitute "THREE".
6
7 Page 18, line 9, strike "OR" and substitute "AND".
8
9 Page 18, line 12, strike "AND".
10
11 Page 18, strike line 15 and substitute "EMPLOYEES; AND
12 (G) ONE MEMBER WHO REPRESENTS A RURAL, CRITICAL ACCESS,
13 OR INDEPENDENT HOSPITAL.".
14
15 Page 18, line 19, strike "THE GOVERNOR SHALL APPOINT ONE".
16
17 Page 18, strike line 20 and substitute "IN CONSIDERING GEOGRAPHIC
18 DIVERSITY, THE GOVERNOR SHALL".
19
20 Page 18, line 22, strike "SLOPE." and substitute "SLOPE AND, TO THE
21 EXTENT POSSIBLE, SHALL ATTEMPT TO APPOINT MEMBERS FROM EACH
22 CONGRESSIONAL DISTRICT IN THE STATE.".
23
24 Page 19, line 6, strike "ONE" and substitute "TWO".
25
26 Page 19, line 9, strike "(1)(a)(III)(B) AND (1)(a)(III)(E)" and substitute
27 "(1)(a)(III)(B), (1)(a)(III)(E), AND (1)(a)(III)(G)".
28
29 Page 21, after line 13 insert:
30
31 "10-16-1208. Limitation on authority - public option. NOTHING
32 IN THIS PART 12 AUTHORIZES THE ENTERPRISE, THE BOARD, OR THE
33 COMMISSIONER TO ESTABLISH, ADMINISTER, OPERATE, OR REQUIRE
34 PARTICIPATION BY CARRIERS OR HOSPITALS IN A STATE OR PUBLIC OPTION
35 HEALTH COVERAGE PLAN.".
36
37 Amendment No. 2, by Representative Kennedy.
38
39 Amend the Kennedy and McCluskie floor amendment (SB215_L.026),
40 page 1, strike lines 4 and 5.
41
42 Page 1 of the amendment, strike lines 15 through 17 and substitute:
43
44 "Page 13 of the bill, line 24, strike "NINETY" and substitute
45 "EIGHTY-EIGHT".
46
47 Page 14 of the bill, line 15, strike "FIFTEEN" and substitute "EIGHTEEN".
48
49 Page 14 of the bill, line 19, strike "SEVENTY-FIVE" and substitute
50 "SEVENTY-THREE".".
51
52 Page 1 of the amendment, strike line 20.
53
54 Page 1 of the amendment, strike line 22.
55
1 Page 1 of the amendment, line 23, strike "AND".
2
3 Page 1 of the amendment, strike line 25 and substitute "OR INDEPENDENT
4 HOSPITAL; AND
5 (H) ONE MEMBER WHO REPRESENTS A CONSUMER ADVOCACY
6 ORGANIZATION.".".
7
8 Page 2 of the amendment, strike line 7 and substitute:
9
10 "Page 19 of the bill, line 5, strike "AND (1)(a)(III)(F)" and substitute
11 "(1)(a)(III)(F), AND (1)(a)(III)(H)".".

House Journal, June 12
5 Amend reengrossed bill, page 21, before line 14 insert:
6
7 "10-16-1209. Repeal of part. THIS PART 12 IS REPEALED,
8 EFFECTIVE SEPTEMBER 1, 2023. BEFORE THE REPEAL, THIS PART 12 IS
9 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
10 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
11 (24)(a)(XIII) as follows:
12 24-34-104. General assembly review of regulatory agencies
13 and functions for repeal, continuation, or reestablishment - legislative
14 declaration - repeal. (24) (a) The following agencies, functions, or both,
15 are scheduled for repeal on September 1, 2023:
16 (XIII) THE HEALTH INSURANCE AFFORDABILITY ENTERPRISE,
17 CREATED PURSUANT TO PART 12 OF ARTICLE 16 OF TITLE 10.".
18
19 Renumber succeeding sections accordingly.
20
21 The amendment was declared lost by the following roll call vote:
22
23 YES 21 NO 39 EXCUSED 5 ABSENT
24 Arndt N Exum N Larson Y Singer N
25 Baisley Y Froelich N Liston Y Sirota N
26 Benavidez N Garnett N Lontine N Snyder N
27 Bird N Geitner Y McCluskie N Soper Y
28 Bockenfeld Y Gonzales-Gutierrez N McKean E Sullivan N
29 Buck Y Gray N McLachlan N Tipper N
30 Buckner N Herod N Melton N Titone N
31 Buentello E Holtorf Y Michaelson Jenet N Valdez A. N
32 Caraveo N Hooton N Mullica N Valdez D. N
33 Carver Y Humphrey Y Neville Y Van Winkle Y
34 Catlin Y Jackson E Pelton Y Weissman N
35 Champion Y Jaquez Lewis N Ransom Y Will Y
36 Coleman N Kennedy N Rich Y Williams D. Y
37 Cutter N Kipp N Roberts N Wilson Y
38 Duran N Kraft-Tharp N Saine Y Woodrow N
39 Esgar N Landgraf E Sandridge E Young N
40 Speaker N

House Journal, June 13
28 Amend revised bill, page 13, line 9, strike "SUBSECTION" and substitute
29 "SUBSECTIONS", and after "(2)(b)(I)" insert "AND (2)(b)(II)".
30
31 Page 14, line 25, strike "UP TO".
32
33 Page 14, line 27, after "YEAR" insert "OR THE AMOUNT REMAINING IN THE
34 FUND, WHICHEVER IS LESS,".
35
36 Page 18, line 6, strike "TWO" and substitute "THREE".
37
38 Page 18, line 14, strike "AND".
39
40 Page 18, strike line 17 and substitute "EMPLOYEES; AND".
41
42 Page 18, line 19, strike "HOSPITAL; AND" and substitute "HOSPITAL.".
43
44 Page 18, strike lines 20 and 21.
45
46 Page 19, lines 12 and 13, strike "(1)(a)(III)(F), AND (1)(a)(III)(H)" and
47 substitute "AND (1)(a)(III)(F)".
48
49 Page 19, line 13, strike "ONE" and substitute "TWO".
50
51 The amendment was declared passed by the following roll call vote:
52
53 YES 42 NO 23 EXCUSED 0 ABSENT
54 Arndt Y Exum Y Larson N Singer Y
55 Baisley N Froelich Y Liston N Sirota Y
1 Benavidez Y Garnett Y Lontine Y Snyder Y
2 Bird Y Geitner N McCluskie Y Soper N
3 Bockenfeld N Gonzales-Gutierrez Y McKean N Sullivan Y
4 Buck N Gray Y McLachlan Y Tipper Y
5 Buckner Y Herod Y Melton Y Titone Y
6 Buentello Y Holtorf N Michaelson Jenet Y Valdez A. Y
7 Caraveo Y Hooton Y Mullica Y Valdez D. Y
8 Carver N Humphrey N Neville N Van Winkle N
9 Catlin N Jackson Y Pelton N Weissman Y
10 Champion N Jaquez Lewis Y Ransom N Will N
11 Coleman Y Kennedy Y Rich N Williams D. N
12 Cutter Y Kipp Y Roberts Y Wilson Y
13 Duran Y Kraft-Tharp Y Saine N Woodrow Y
14 Esgar Y Landgraf N Sandridge N Young Y
15 Speaker Y
16
17 The question being "Shall the bill pass?".
18 A roll call vote was taken. As shown by the following recorded vote, a
19 majority of those elected to the House voted in the affirmative and the bill
20 was declared passed.
21
22 YES 40 NO 25 EXCUSED 0 ABSENT
23 Arndt Y Exum Y Larson N Singer Y
24 Baisley N Froelich Y Liston N Sirota Y
25 Benavidez Y Garnett Y Lontine Y Snyder Y
26 Bird Y Geitner N McCluskie Y Soper N
27 Bockenfeld N Gonzales-Gutierrez Y McKean N Sullivan Y
28 Buck N Gray Y McLachlan Y Tipper Y
29 Buckner Y Herod Y Melton Y Titone Y
30 Buentello Y Holtorf N Michaelson Jenet Y Valdez A. Y
31 Caraveo Y Hooton Y Mullica Y Valdez D. Y
32 Carver N Humphrey N Neville N Van Winkle N
33 Catlin N Jackson Y Pelton N Weissman Y
34 Champion N Jaquez Lewis Y Ransom N Will N
35 Coleman Y Kennedy Y Rich N Williams D. N
36 Cutter Y Kipp Y Roberts Y Wilson N
37 Duran Y Kraft-Tharp N Saine N Woodrow Y
38 Esgar Y Landgraf N Sandridge N Young Y
39 Speaker Y
40 Co-sponsor(s) added: Representative(s) Benavidez, Bird, Buckner, Buentello,
41 Caraveo, Coleman, Cutter, Duran, Esgar, Gonzales-Gutierrez, Gray, Herod,
42 Hooton, Jaquez Lewis, Kipp, Lontine, Melton, Michaelson Jenet, Mullica,
43 Roberts, Snyder, Valdez A., Valdez D., Weissman, Woodrow



SB20-216 Workers' Compensation For COVID-19 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill provides that, for purposes of the "Workers' Compensation Act of Colorado", if an essential worker who works outside of the home contracts COVID-19, the contraction is:

  • Presumed to have arisen out of and in the course of employment; and
  • A compensable accident, injury, or occupational disease.

An essential worker is considered to have contracted COVID-19 if the worker tests positive for the virus that causes COVID-19, is diagnosed with COVID-19 by a licensed physician, or has COVID-19 listed as the cause of death on the worker's death certificate.


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

Status: 6/2/2020 Introduced In Senate - Assigned to Finance
6/8/2020 Senate Committee on Finance Refer Amended to Appropriations
6/10/2020 Senate Committee on Appropriations Postpone Indefinitely
Amendments:

Senate Journal, June 9
After consideration on the merits, the Committee recommends that SB20-216 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 10, strike "dying." and substitute "dying,
while also experiencing an extraordinary risk of exposure to
COVID-19.".

Page 3, strike line 22 and substitute:

"(II) CORRECTIONS OFFICERS WORKING IN A FACILITY WITH AN
IDENTIFIED COVID-19 OUTBREAK;".

Page 4, strike lines 13 through 16 and substitute:

"(VIII) DAYCARE PROVIDERS WORKING AT FACILITY WITH AN
IDENTIFIED COVID-19 OUTBREAK.".

Page 5, line 24, strike "CLEAR AND CONVINCING" and substitute "A
PREPONDERANCE OF".
Finance



SCR20-001 Repeal Property Tax Assessment Rates 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

Property tax in Colorado is generally equal to the actual value of property multiplied by an assessment rate, and the resulting assessed value is multiplied by each applicable local government's mill levy. The assessment rate for residential real property is established by the general assembly in accordance with a provision of the state constitution that is commonly known as the "Gallagher Amendment" and is limited by section 20 of article X of the state constitution (TABOR). Under the Gallagher Amendment, there are 2 relevant classes of property for the purposes of determining the residential assessment rate: residential property and nonresidential property. The assessment rate for most nonresidential property is fixed in the state constitution at 29%. The residential assessment rate was initially set at 21%, but the rate has been adjusted prior to each 2-year reassessment cycle to keep the percentage of aggregate statewide assessed value attributable to residential property the same as it was in the year immediately preceding the new reassessment cycle. Currently, the residential assessment rate is 7.15%.

The concurrent resolution repeals the Gallagher Amendment so that the general assembly will no longer be required to establish the residential assessment rate based on the formula expressed in the Gallagher Amendment. The resolution also repeals the reference to the residential rate of 21%, which last applied in 1986 prior to the first adjustment required by the Gallagher Amendment. Finally, the resolution repeals the 29% assessment rate that applies for all nonresidential property, excluding producing mines and lands or leaseholds producing oil or gas.


(Note: This summary applies to this concurrent resolution as adopted.)

Status: 6/1/2020 Introduced In Senate - Assigned to Finance
6/2/2020 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
6/4/2020 Senate Second Reading Laid Over Daily - No Amendments
6/8/2020 Senate Second Reading Passed - No Amendments
6/9/2020 Senate Third Reading Passed - No Amendments
6/9/2020 Senate Third Reading Reconsidered - No Amendments
6/9/2020 Senate Third Reading Passed - No Amendments
6/9/2020 Introduced In House - Assigned to Appropriations
6/11/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/11/2020 House Second Reading Special Order - Passed with Amendments - Committee
6/12/2020 House Third Reading Passed with Amendments - Floor
6/23/2020 Signed by the President of the Senate
Amendments: