2021 Priority Bills and Bills to Analyze

HB21-1050 Workers' Compensation 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Workers' Compensation
Sponsors: M. Gray (D) | K. Van Winkle (R) / J. Bridges (D) | J. Cooke (R)
Summary: The bill: * Adds guardian ad litem and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease (section 1 of the bill); * Requires an injured worker who is claiming mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred, and requires the employer or insurer to pay or dispute mileage within 30 days after submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request (sections 1 and 7); * Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury (section 2); * Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of the evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits (section 3); * Adds the following conditions that must be met for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI): An examining physician must have examined the employee at least 20 months after the date of the injury, have determined that the employee has reached MMI, and have served a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; and the authorized treating physician must have responded that the employee has not reached MMI or must have failed to respond within 15 days after service of the report (section 4); * Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive (section 5); * Clarifies when benefits and penalties payable to an injured worker are deemed paid (section 6); * Prohibits an employer or insurer from withdrawing an admission of liability when 2 years or more have passed since the date the admission of liability on the issue of compensability was filed, except in cases of fraud (section 7); * Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time (section 8); * Clarifies the scope of authority of prehearing administrative law judges (section 9); * Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2022 (section 11); and * Clarifies the orders that are subject to review or appeal (sections 10 and 12).
Status: 2/24/2021 House Committee on Business Affairs & Labor Refer Amended to Appropriations

HB21-1077 Legislative Oversight Committee Concerning Tax Policy 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Legislative Oversight Committee Concerning Tax Policy
Sponsors: A. Benavidez (D) | S. Bird (D)
Summary: The bill creates the legislative oversight committee concerning tax policy (committee) and the associated task force (task force). The committee is required to review the policy considerations contained in the tax expenditure evaluations prepared by the state auditor and is responsible for the oversight of the task force. The committee may recommend legislative changes that are treated as bills recommended by Capital letters or bold & italic numbers indicate new material to be added to existing statute. an interim legislative committee. The task force is required to study tax policy and develop and propose for committee consideration any modifications to the current system of state and local taxation. The task force is also authorized, upon request by a committee member, to provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force, including any bill or resolution introduced by the general assembly that affects tax policy.
Status: 3/17/2021 House Committee on Finance Refer Amended to Appropriations

HB21-1097 Establish Behavioral Health Administration 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Establish Behavioral Health Administration
Sponsors: M. Young (D) | R. Pelton (R) / R. Fields (D) | B. Gardner (R)
Summary: The bill addresses multiple recommendations from the Colorado behavioral health task force (task force), created in 2019, related to the creation of a behavioral health administration (BHA). The BHA would be a single state agency to lead, promote, and administer the state's behavioral health priorities. The bill requires the department of human services (department) to submit a plan for the creation and establishment of the BHA on or before November 1, 2021, to the joint budget committee and on or before January 30, 2022, to the department's committees of reference. The bill outlines what the plan must, at a minimum, include. The essential duties of the BHA, once established, are set forth. A timeline is described for the establishment of the BHA in the department and for a future determination of what state department, if different than the department of human services, the BHA will exist.
Status: 4/9/2021 Senate Third Reading Passed - No Amendments

HB21-1108 Gender Identity Expression Anti-discrimination 
Position: Support
Calendar Notification: Wednesday, April 21 2021
SENATE JUDICIARY COMMITTEE
Upon Adjournment SCR 352
(1) in senate calendar.
Short Title: Gender Identity Expression Anti-discrimination
Sponsors: D. Esgar (D) / D. Moreno (D)
Summary: The bill amends the definition of "sexual orientation" and adds definitions of the terms "gender expression" and "gender identity". The bill also adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class, including statutes prohibiting discriminatory practices in the following Capital letters or bold & italic numbers indicate new material to be added to existing statute. areas: * Membership of the Colorado civil rights commission; * Employment practices; * Housing practices; * Places of public accommodation; * Publications that advertise places of public accommodation; * Consumer credit transactions; * Selection of patients by direct primary health care providers; * Sales of cemetery plots; * Membership in labor organizations; * Colorado labor for public works projects; * Issuance or renewal of automobile insurance policies; * The provision of funeral services and crematory services; * Eligibility for jury service; * Issuance of licenses to practice law; * The juvenile diversion program; * Access to services for youth in foster care; * Enrollment in a charter school, institute charter school, public school, or pilot school; * Local school boards' written policies regarding employment, promotion, and dismissal; * The assignment or transfer of a public school teacher; * Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines; * Enrollment or classification of students at private occupational schools; * Training provided to peace officers concerning the prohibition against profiling; * Criminal justice data collection; * Employment in the state personnel system; * The availability of services for the prevention and treatment of sexually transmitted infections; * Membership of the health equity commission; * The availability of family planning services; * Requirements for managed care programs participating in the state medicaid program and the children's basic health plan; * The treatment of and access to services by individuals in facilities providing substance use disorder treatment programs; * Employment practices of county departments of human or social services involving the selection, retention, and promotion of employees; * Practices of the Colorado housing and finance authority in making or committing to make a housing facility loan; * The imposition of occupancy requirements on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property; * The determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible; and * Practices of transportation network companies in providing services to the public.
Status: 4/6/2021 Introduced In Senate - Assigned to Judiciary

HB21-1134 Report Tenant Rent Payment Information To Credit Agencies 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Report Tenant Rent Payment Information To Credit Agencies
Sponsors: N. Ricks | M. Bradfield / J. Bridges (D)
Summary: The bill creates the tenants' rent payment information pilot program (pilot program) and directs the Colorado housing and finance authority (authority) to contract with a third party to administer the pilot program in accordance with rules promulgated by the authority. The administrator shall recruit no more than 10 landlords to participate in the pilot program. A tenant may participate in the pilot program only if the tenant elects to participate and completes a financial education course. On or before January 1, 2024, the authority, in consultation with the administrator, shall submit to applicable legislative committees of reference a report concerning the pilot program. The pilot program is repealed, effective June 1, 2024.
Status: 4/1/2021 House Committee on Business Affairs & Labor Refer Amended to Appropriations

HB21-1163 Allow Retailers To Absorb Sales Or Use Tax 
Position: Monitor
Calendar Notification: Monday, April 12 2021
Finance
1:30 p.m. Room 0112
(4) in house calendar.
Short Title: Allow Retailers To Absorb Sales Or Use Tax
Sponsors: P. Neville (R) | M. Snyder (D)
Summary: The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold.
Status: 3/25/2021 House Committee on Business Affairs & Labor Refer Unamended to Finance

HB21-1175 Donation To Nonprofit For Traffic Violations 
Position: Actively Monitor
Calendar Notification: Monday, April 19 2021
House State, Civic, Military, & Veterans Affairs
1:30 p.m. Room LSB-A
(3) in house calendar.
Short Title: Donation To Nonprofit For Traffic Violations
Sponsors: D. Williams (R)
Summary: The bill allows a person who has been issued a penalty assessment for or has been convicted of a traffic infraction or traffic misdemeanor to make a donation of money or time to a nonprofit organization in lieu of paying the fine. The amount of fine that may be offset by a donation is limited to $500.
Status: 3/4/2021 Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs + Finance

HB21-1188 Additional Liability Under Respondeat Superior 
Position: Monitor
Calendar Notification: Wednesday, April 21 2021
SENATE JUDICIARY COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.
Short Title: Additional Liability Under Respondeat Superior
Sponsors: C. Kennedy (D) / J. Gonzales (D)
Summary: A recent Colorado supreme court case held that in a civil action when an employer admits liability for the tortious actions of its employee, the plaintiff cannot assert direct negligence claims against the employer arising out of the same incident. The bill allows a plaintiff to bring such claims against an employer or against a principal that admits liability for the actions of its agent.
Status: 4/1/2021 Introduced In Senate - Assigned to Judiciary

HB21-1207 Overpayment Of Workers' Compensation Benefits 
Position: Actively Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Overpayment Of Workers' Compensation Benefits
Sponsors: L. Daugherty | A. Benavidez (D) / P. Lee (D) | R. Fields (D)
Summary: The bill limits the definition of "overpayments" of workers' compensation benefits to include only benefits paid as a result of fraud or duplicate benefits that result from offsets that reduce disability or death benefits paid to a claimant. The bill also: Clarifies that this limit does not prevent an insurance carrier from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement; and Prohibits the director of the division of workers' compensation or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.
Status: 4/9/2021 Introduced In Senate - Assigned to Business, Labor, & Technology

HB21-1232 Standardized Health Benefit Plan Colorado Option 
Position: Actively Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Standardized Health Benefit Plan Colorado Option
Sponsors: D. Roberts (D) | I. Jodeh / K. Donovan (D)
Summary: The bill requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan (standardized plan) by rule to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must: Offer health-care coverage at the bronze, silver, and gold levels; Be offered through the Colorado health benefit exchange; Be a standardized benefit design created through a stakeholder engagement process; Provide first-dollar, predictable coverage for certain high value services; and Comply with state and federal law. Beginning January 1, 2023, and each year thereafter, the bill encourages carriers that offer: An individual health benefit plan in Colorado to offer the standardized plan in the individual market; and A small group health benefit plan in Colorado to offer the standardized plan in the small group market. For 2023, each carrier shall set a goal of offering a standardized plan premium that is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year in the individual and small group market. For 2024, each carrier shall set a goal of offering a standardized plan premium that is at least 20% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year in the individual and small group market. For 2025 and each year thereafter, carriers are encouraged to limit annual premium rate increases for the standardized plan to no more than the consumer price index plus one percent, relative to the previous year. The Colorado option authority (authority) is created for the purpose of operating as a carrier to offer the standardized plan as the Colorado option if the carriers do not meet the established premium rate goals. The authority shall operate as a nonprofit, unincorporated public entity. The authority is required to implement a provider fee schedule as established by the commissioner in consultation with the executive director of the department of health care policy and financing. Health-care providers and health facilities are required to accept consumers who are enrolled in any health benefit plan offered by the authority. The bill creates an advisory committee to make recommendations to the authority concerning the development, implementation, and operation of the authority. The commissioner is required to apply to the secretary of the United States department of health and human services for a waiver and include a request for a pass-through of federal funding to capture savings as a result of the implementation of the standardized plan. The commissioner is required to disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized plan and the health benefit plan for which rate approval is being sought. The bill makes the failure to accept consumers who are covered through the Colorado option or the balance billing of a patient in violation of this bill grounds for discipline under specified practice acts. The bill repeals the authority and its functions if the United States congress establishes a national public option program that meets or exceeds the premium rate goals set forth in and health-care coverage pursuant to this bill.
Status: 3/18/2021 Introduced In House - Assigned to Health & Insurance

HB21-1233 Conservation Easement Tax Credit Modifications 
Position: Actively Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Conservation Easement Tax Credit Modifications
Sponsors: D. Roberts (D) | P. Will (R) / K. Donovan (D) | F. Winter (D)
Summary: The bill makes the following changes affecting claims for an income tax credit allowed for the donation of a perpetual conservation easement in gross (tax credit): Specifies that the division of conservation can be a holder of a conservation easement in gross; Eliminates a requirement that amounts deducted for federal income tax purposes for the donation of a conservation easement be added back for purposes of calculating Colorado taxable income; Modifies the definition of "taxpayer" to clarify the applicability of the tax credit to donations made by certain nonprofit and governmental entities; Modifies the process for filing conservation easement tax credit certificates with income tax returns; Eliminates the authority of the executive director of the department of revenue to require additional information regarding the amount and validity of tax credits and to resolve disputes regarding the credits; Establishes a process for the department of revenue to track the transfer of and certify the ownership of tax credits; Modifies the formula used to calculate the amount of the tax credit; Modifies the manner in which the amount of a tax credit is allocated among owners, partners, members, or shareholders of certain legal entities; Modifies certain provisions regarding the number of tax credits that may be claimed and the manner of claiming the credits; Eliminates the requirement that the donor of an easement is the tax matters representative for purposes of resolving issues and disputes relating to a transferred credit; and Eliminates obsolete reporting requirements.
Status: 4/5/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Finance

HB21-1247 Colorado Department Of Public Health And Environment Contract Pay To Grantees Up Front 
Position: Actively Monitor
Calendar Notification: Wednesday, April 21 2021
Energy & Environment
Upon Adjournment Room LSB-A
(1) in house calendar.
Short Title: Colorado Department Of Public Health And Environment Contract Pay To Grantees Up Front
Sponsors: D. Jackson (D) | H. McKean (R)
Summary: The bill allows the department of public health and environment, in contracting with certain grantees for the provision of services, to dispense up to 25% of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.
Status: 3/30/2021 Introduced In House - Assigned to Energy & Environment

HB21-1250 Measures to Address Law Enforcement Accountability 
Position: Monitor
Calendar Notification: Wednesday, April 21 2021
State Library Judiciary
1:30 p.m. Room Old
(1) in house calendar.
Short Title: Measures to Address Law Enforcement Accountability
Sponsors: L. Herod (D) | S. Gonzales-Gutierrez (D)
Summary: The bill makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of the bill. SB 217 used the term "exonerated", but never defined it; the bill defines "exonerated". The bill clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The bill requires an officer to comply with the body-worn camera requirements if the officer is wearing a body camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023. SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The bill changes the start date of the reporting requirement to January 1, 2022. The bill expands the definition of "contact" to include welfare checks. The bill clarifies and adds to some of the information that must be reported. SB 217 required the peace officers standards and training (P.O.S.T.) board to permanently decertify a peace officer if the officer failed to intervene and serious bodily injury or death occurred. The bill changes the penalty to a suspension of the officer's certification for one year. Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The bill permits the Colorado state patrol to also be sued via that civil action. The bill also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith. If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding. The bill requires a peace officer to use de-escalation techniques prior to the use of physical force and requires the use of physical force to be objectively reasonable. The bill requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer. The bill clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct.
Status: 3/30/2021 Introduced In House - Assigned to Judiciary

HB21-1264 Funds Workforce Development Increase Worker Skills 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Funds Workforce Development Increase Worker Skills
Sponsors: T. Sullivan (D) | M. Young (D) / C. Kolker | D. Hisey (R)
Summary: The bill creates the stimulus investments in reskilling, upskilling, and next-skilling workers program (program) as an initiative of the state work force development council (state council) to facilitate training for unemployed and underemployed workers in the state during times of substantial unemployment, defined as a statewide unemployment rate that exceeds 4%. The bill appropriates $25 million for the program and directs the state council to use the money to support individuals in need of: * Reskilling, which supports unemployed and underemployed workers to change industries in order to return to work or obtain more appropriate work based on their skills; * Upskilling, which assists workers in increasing skill levels to retain or advance in their employment; or * Next-skilling, which supports workers in developing future-ready skills necessary for employment in the twenty-first century. The state council, in collaboration with the department of labor and employment, is directed to allocate funding to local work force development areas and to develop a grant program to award grants to other partners to provide reskilling, upskilling, and next-skilling supports to eligible individuals for up to 13 months. Starting in 2022, as part of the Colorado talent report, the state council is directed to report on the activities and outcomes resulting from the program. The program repeals on June 30, 2024
Status: 4/6/2021 Introduced In House - Assigned to Business Affairs & Labor

HB21-1266 Environmental Justice Disproportionate Impacted Community 
Position: Monitor
Calendar Notification: Thursday, April 22 2021
State Library Energy & Environment
1:30 p.m. Room Old
(2) in house calendar.
Short Title: Environmental Justice Disproportionate Impacted Community
Sponsors: D. Jackson (D) / F. Winter (D) | J. Buckner
Summary: Section 3 of the bill defines "disproportionately impacted community".Section 4 requires the air quality control commission to promote outreach to and engage with disproportionately impacted communities by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 5 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means of addressing environmental justice inequities. The task force will: Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities; Evaluate and propose recommended revisions to the definition of "disproportionately impacted community" and the state agencies and their proposed actions that are subject to section 3; and File a final report by November 14, 2022, regarding its recommendations. The department will report on the task force during the department's "SMART Act" presentations.
Status: 4/6/2021 Introduced In House - Assigned to Energy & Environment

SB21-039 Elimination Of Subminimum Wage Employment 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Elimination Of Subminimum Wage Employment
Sponsors: R. Zenzinger (D) | D. Hisey (R) / Y. Caraveo (D) | R. Pelton (R)
Summary: The bill phases out subminimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes the employers to pay less than the minimum wage to employees whose earning capacity is impaired by age, physical or mental disability, or injury. The bill requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out subminimum wage employment. The bill requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to: * Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and * Report the recommendations to the general assembly. The bill continues operation of the partnership, which is scheduled to repeal on July 1, 2021, indefinitely. The bill requires the department of health care policy and financing to add employment-related services for individuals with intellectual and developmental disabilities.
Status: 3/3/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations

SB21-063 Multiple Employer Welfare Arrangements Offer Insurance 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Multiple Employer Welfare Arrangements Offer Insurance
Sponsors: J. Sonnenberg (R)
Summary: Current law allows an existing association consisting of multiple employers, referred to as a "multiple employer welfare arrangement" (MEWA) to offer health care benefits to the association's members only if, among other requirements, the MEWA has been in existence continuously since at least January 1, 1983. The bill changes that date to January 1, 2010
Status: 4/7/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations

SB21-077 Remove Lawful Presence Verification Credentialing 
Position: Actively Monitor
Calendar Notification: Monday, April 12 2021
House State, Civic, Military, & Veterans Affairs
1:30 p.m. Room LSB-A
(2) in house calendar.
Short Title: Remove Lawful Presence Verification Credentialing
Sponsors: J. Gonzales (D) / A. Benavidez (D) | C. Kipp (D)
Summary: The bill eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license. The bill also specifies that lawful presence is not required of any applicant for any license, certificate, or registration. The bill affirmatively states that the bill is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.
Status: 4/12/2021 House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to House Committee of the Whole

SB21-087 Agricultural Workers' Rights 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Agricultural Workers' Rights
Sponsors: J. Danielson (D) / K. McCormick | Y. Caraveo (D)
Summary: The bill: * Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining; * Removes the exemption of agricultural labor from state and local minimum wage laws; * Requires the director of the division of labor standards and statistics to promulgate rules to establish the overtime pay of agricultural employees for hours worked in excess of 40 hours per week or 12 hours in one day; * Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees; * Requires agricultural employers to provide agricultural employees with access and transportation to key service providers; * Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons; * Requires agricultural employers to provide overwork and health protections to agricultural employees; * Prohibits the use of the short-handled or long-handled hoe for agricultural labor except in specific circumstances; * During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees; * Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions; and * Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, relators, and key service providers.
Status: 3/17/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations

SB21-088 Child Sexual Abuse Accountability Act 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Child Sexual Abuse Accountability Act
Sponsors: J. Danielson (D) | R. Fields (D) / D. Michaelson Jenet (D) | M. Soper (R)
Summary: The bill creates a statutory cause of action for a victim of sexual misconduct when the victim was a minor against the actor who committed the sexual misconduct and against an organization that operates or manages a youth program if the sexual misconduct occurred while the victim was participating in a youth program. The victim may bring the claim against the organization if the organization knew or should have known of a risk of sexual misconduct against minors participating in the program and the organization did not take action to address the risks or warn participants of the risk. The victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program. The cause of action applies retroactively and is available to a victim of sexual misconduct that occurred before, on, or after January 1, 2022. A person may not waive the right to bring a civil action, and any purported waiver is void as against public policy. A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. A victim may be awarded treble damages under certain circumstances.
Status: 3/11/2021 Senate Committee on Judiciary Refer Amended to Appropriations

SB21-131 Protect Personal Identifying Information Kept By State 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Protect Personal Identifying Information Kept By State
Sponsors: J. Gonzales (D) / S. Gonzales-Gutierrez (D)
Summary: The bill specifies measures in several categories to protect personal identifying information (PII) kept by state agencies. Limitations on PII shared by state agencies: A state agency employee is prohibited from disclosing or making accessible PII that is not available to the public for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order.Reduction of PII collected by state agencies: Beginning January 1, 2022, a state agency employee is prohibited from inquiring into, or requesting information or documents to ascertain, a person's immigration status for the purpose of identifying if the person has complied with federal immigration laws except as required by state or federal law or as necessary to perform state agency duties. In addition, beginning January 1, 2022, a state agency shall not collect data regarding a person's place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards, or employment authorization documents, except as required by state or federal law or as necessary to perform state agency duties.Access to state agency records: Beginning January 1, 2022, to be granted access to PII through a database or automated network maintained by a state agency that is not otherwise available to the public, a third party must have, within the past year, certified under penalty of perjury that the third party will not use or disclose PII obtained for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order that is not related to prosecution for a violation of specified provisions of federal immigration law. The attorney general's office is required to create a model certification form and provide it to state agencies.Record keeping and reporting: The bill specifies what a request for records includes and does not include for purposes of the bill. Beginning January 1, 2022, if a third party requests a record from a state agency and the record contains PII, the state agency is required to retain a written record of the request that contains specified information (written record). Beginning January 1, 2022, and on a quarterly basis thereafter, the state agency is required to provide the information contained in the written record to the governor's office of legal counsel and to attest that no request was granted for any purpose prohibited by the bill. On March 1, 2022, and on a quarterly basis thereafter, the governor's office is required to provide a report to the joint budget committee of the general assembly containing quarterly and year-to-date summaries of the information provided by state agencies in the written record.
Status: 3/16/2021 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations

SB21-133 Donated Alcohol Beverages For Special Events 
Position: Monitor
Calendar Notification: Thursday, April 15 2021
Business Affairs & Labor
1:30 p.m. Room 0112
(2) in house calendar.
Short Title: Donated Alcohol Beverages For Special Events
Sponsors: D. Coram (R) / M. Catlin (R) | P. Will (R)
Summary: The bill authorizes a person with a club license (licensee) that allows the sale of alcohol beverages by the drink to members of the club and their guests for consumption on the premises of the club to: * Commingle any donated alcohol beverages with the licensee's inventory of alcohol beverages; and * Retain and sell donated alcohol beverages that remain on the licensee's premises after a special event.
Status: 3/31/2021 Introduced In House - Assigned to Business Affairs & Labor

SB21-176 Protecting Opportunities And Workers' Rights Act 
Position: Actively Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Protecting Opportunities And Workers' Rights Act
Sponsors: F. Winter (D) | B. Pettersen (D) / S. Lontine (D) | M. Gray (D)
Summary: For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill: Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond; Expands the definition of "employee" to include individuals in domestic service; individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay; Adds new definitions of "caregiver", "care recipient", "child", "minor child", "harassment", "hostile work environment", and "independent contractor"; Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status"; Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt remedial action if appropriate; Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices; Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred; Repeals the limits on remedies in cases involving age discrimination; and Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission.
Status: 4/1/2021 Senate Committee on Judiciary Lay Over Amended

SB21-181 Equity Strategic Plan Address Health Disparities 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Equity Strategic Plan Address Health Disparities
Sponsors: R. Fields (D) | D. Coram (R) / L. Herod (D) | Y. Caraveo (D)
Summary: The bill renames the existing "health disparities grant program" to the "health disparities and community grant program" (program) and expands the program to authorize the office of health equity (office) to: Award grants from money currently transferred from the prevention, early detection, and treatment fund to the health disparities grant program fund (fund) for the purpose of positively affecting social determinants of health to reduce the risk of future disease and exacerbating health disparities in underrepresented populations; and Award grants from any additional money appropriated by the general assembly to the fund to community organizations to reduce health disparities in underrepresented communities through policy and systems changes regarding the social determinants of health. On or before January 1, 2022, and continuing every 2 years thereafter, the office is required to issue a report concerning health disparities in Colorado by race and ethnicity that includes an assessment of the impact of social determinants of health on health disparities and recommended strategies to begin to address such inequities with the collaboration of the health equity commission and other stakeholders. On or before July 1, 2022, the office is required to facilitate a state agency work group to develop an equity strategic plan. Specific state agencies are required to participate in the state agency work group to ensure coordination in equity-related work across state agencies to address social determinants of health in each agency's respective area. The bill adds additional state agency executive directors to the health equity commission.
Status: 3/31/2021 Senate Committee on Health & Human Services Refer Amended to Appropriations

SB21-197 Workers' Compensation Physician 
Position: Actively Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Workers' Compensation Physician
Sponsors: R. Rodriguez (D) / S. Woodrow (D)
Summary: The bill provides injured workers control over the selection of the primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
Status: 3/24/2021 Introduced In Senate - Assigned to Business, Labor, & Technology

SB21-199 Remove Barriers To Certain Public Opportunities 
Position: Actively Monitor
Calendar Notification: Tuesday, April 13 2021
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
2:00 PM Old Supreme Court
(1) in senate calendar.
Short Title: Remove Barriers To Certain Public Opportunities
Sponsors: S. Jaquez Lewis | F. Winter (D) / D. Esgar (D) | S. Gonzales-Gutierrez (D)
Summary: The bill repeals existing provisions that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and requires that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by 8 U.S.C. sec. 1621. The bill amends statutory provisions that still require lawful presence to clarify acceptable documents to demonstrate eligibility. The general assembly shall not allocate additional funding to any state or local public benefit program for this purpose for fiscal year 2021-22. However, starting for fiscal year 2022-23, any additional funding required for a state or local public benefit program for this purpose is subject to the standard budget process for the applicable program. Current law prohibits a state agency or political subdivision from entering into or renewing a public contract with a contractor who knowingly employs or contracts persons who are undocumented. The bill repeals that requirement and associated statutory provisions. Current law requires that state agencies and local governments use secure and verifiable identity documents when providing services or issuing official documents. The bill repeals that requirement and associated statutory provisions.
Status: 3/26/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs

SB21-204 Rural Economic Development Initiative Grant Program Funding 
Position: Monitor
Calendar Notification: Tuesday, April 13 2021
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 352
(1) in senate calendar.
Short Title: Rural Economic Development Initiative Grant Program Funding
Sponsors: K. Donovan (D) | B. Rankin (R) / M. Young (D) | T. Van Beber
Summary: In 2020, the Colorado general assembly created the rural economic development initiative (REDI) grant program in the department of local affairs (department). The department, in consultation with the office of economic development, may provide grants to a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. Or, if the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the REDI grant program for the purposes of the "Rural Economic Advancement of Colorado Towns (REACT) Act". Section 2 of the bill appropriates $5 million to the department for the REDI grant program. Section 1 ensures that the department will use all of this appropriation for the purposes of the grants or REACT.
Status: 3/31/2021 Introduced In Senate - Assigned to Local Government

SB21-229 Rural Jump-start Zone Grant Program 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Rural Jump-start Zone Grant Program
Sponsors: J. Danielson (D) | T. Story (D) / J. Amabile | H. McKean (R)
Summary: The bill creates the rural jump-start zone grant program (grant program) and authorizes the Colorado economic development commission (commission) to issue grants, subject to available appropriations, as follows: * Up to $20,000 to new businesses to establish operations; * Up to $40,000 to new businesses to establish operations in a tier one transition community; * Up to $2,500 to new businesses for each new hire; and * Up to $5,000 to new businesses for each new hire who is hired for operations established in a tier one transition community. The bill creates the rural jump-start zone grant fund account in the Colorado economic development fund, which consists of any money appropriated to the fund by the general assembly, and may be used: * By the commission to issue grants; and * For the direct and indirect costs that the Colorado office of economic development incurs, not to exceed a specified amount, to administer the grant program.
Status: 3/31/2021 Introduced In Senate - Assigned to Local Government