Amendments for HB17-1119
House Journal, March 29
44 HB17-1119 be amended as follows, and as so amended, be referred to
45 the Committee on Finance with favorable
46 recommendation:
47
48 Amend printed bill, page 3, line 19, after "MEMBER" insert "OR
49 MANAGER".
50
51 Page 5, after line 11, insert:
52
53 "(3) NO LATER THAN JUNE 1, 2022, THE STATE AUDITOR SHALL
54 CONDUCT OR CAUSE TO BE CONDUCTED A PERFORMANCE AUDIT OF THE
55 COLORADO UNINSURED EMPLOYER FUND.".
56
1 Page 7, line 2 and 3, strike "BY STAFF EMPLOYED BY THE DIVISION OR".
2
3 Page 8, line 5, strike "AND".
4
5 Page 8, line 8, strike "67." and substitute "67; AND
6 (f) DENY ENTRY TO THE FUND OR PAYMENT OF BENEFITS IF THE
7 UNDERLYING CLAIM APPEARS TO BE PREMISED ON FRAUDULENT
8 ACTIVITY.".
9
10 Page 9, line 22, after "ENTITLED" insert "FROM THE FUND".
11
12 Page 10, strike lines 18 through 20 and substitute "PURSUANT TO THIS
13 ARTICLE 67 HAS PRIORITY IN THE ORDER FILED. THE BOARD SHALL SERVE
14 A COPY OF THE".
15
16 Page 13, strike lines 19 and 20 and substitute "IS MADE. THE PREVIOUSLY
17 AUTHORIZED TREATING PHYSICIAN PROVIDING PRIMARY CARE SHALL
18 CONTINUE AS THE AUTHORIZED TREATING PHYSICIAN PROVIDING PRIMARY
19 CARE FOR THE INJURED EMPLOYEE UNTIL THE INJURED EMPLOYEE'S INITIAL
20 VISIT WITH THE NEWLY AUTHORIZED TREATING PHYSICIAN, AT WHICH TIME
21 THE TREATMENT RELATIONSHIP WITH THE PREVIOUSLY AUTHORIZED
22 TREATING PHYSICIAN PROVIDING PRIMARY CARE IS TERMINATED.".
23
24 Page 14, after line 9 insert:
25
26 "(4) THE BOARD, ITS AGENTS, OR EMPLOYEES HAVE NO LIABILITY
27 FOR ANY ACTION TAKEN AGAINST THEM FOR THE PERFORMANCE OF THEIR
28 DUTIES UNDER THIS ARTICLE 67.".
29
30 Page 16, strike line 9 and substitute "and add (5) and (6) as follows:".
31
32 Page 17, strike line 7 through 16.
33
34 Page 17, line 20, strike "definition." and substitute "definition - repeal.".
35
36 Page 17, lines 21 and 22, strike "OF THE VIOLATION" and substitute "THE
37 PRECEDING VIOLATION ENDED".
38
39 Page 18, line 5, strike "OF INSURANCE".
40
41 Page 18, after line 6 insert:
42
43 "(d) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JULY 1, 2022.
44 BEFORE ITS REPEAL, THIS SUBSECTION (1.5) IS SCHEDULED FOR REVIEW IN
45 ACCORDANCE WITH SECTION 24-34-104.".
46
47 Page 19, strike lines 19 through 26 and substitute:
48
49 "SECTION 10. In Colorado Revised Statutes, 24-34-104, amend
50 (22)(a) introductory portion; and add (22)(a)(II) as follows:
51 24-34-104. General assembly review of regulatory agencies
52 and functions for repeal, continuation, or reestablishment - legislative
53 declaration - repeal. (22) (a) The following agencies, functions, or both,
54 will ARE SCHEDULED FOR repeal on July 1, 2022:
55
2017 Page 662 House Journal--78th Day--March 29,
1 (II) THE LIMITATIONS ON IMPOSITION OF FINES FOR FAILURE TO
2 CARRY WORKERS' COMPENSATION INSURANCE PURSUANT TO SECTION
3 8-43-409 (1.5).
4
5 SECTION 11. Effective date. This act takes effect July 1, 2017.
6 SECTION 12. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.".
9
10
House Journal, April 28
14 HB17-1119 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend the Business Affairs and Labor Committee Report, dated March
19 28, 2017, page 1, before line 1 insert:
20
21 "Page 3 of the bill, line 3, strike "2019," and substitute "2020,".".
22
23 Page 2 of the report, after line 10 insert: "Page 15 of the bill, line 14, after
24 the second "(1.5)" insert "ON OR AFTER JULY 1, 2018,".".
25
26 Page 2 of the report, after line 20 insert: "Page 18, line 7, after "section"
27 insert "ON OR AFTER JULY 1, 2018,".".
28
29 Page 2 of the report, after line 30 insert:
30
31 "SECTION 11. Appropriation. For the 2017-18 state fiscal year,
32 $6,000 is appropriated to the department of labor and employment for use
33 by the division of workers' compensation. This appropriation is from the
34 workers' compensation cash fund created in section 8-44-112 (7)(a),
35 C.R.S. To implement this act, the division may use this appropriation for
36 operating expenses.".
37
38 Renumber succeeding sections accordingly.
39
40 Page 3 of the report, after line 4 insert: "Page 1 of the bill, line 102, strike
41 "EMPLOYERS." and substitute "EMPLOYERS, AND, IN CONNECTION
42 THEREWITH, MAKING AN APPROPRIATION.".".
43
44
Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB17-1119 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.
Amend reengrossed bill, page 14, after line 21 insert:
"SECTION 2. In Colorado Revised Statutes, 8-40-301, amend
(1); and add (10) as follows:
8-40-301. Scope of term "employee" - definition.
(1) (a) "Employee" excludes any person employed by a passenger
tramway area operator, as defined in section 25-5-702 (1), C.R.S., or
other employer, while participating in recreational activity, who at such
time is relieved of and is not performing any duties of employment,
regardless of whether such person is utilizing, by discount or otherwise,
a pass, ticket, license, permit, or other device as an emolument of
employment.
(b) (I) "EMPLOYEE" EXCLUDES ANY PERSON EMPLOYED BY AN
OUT-OF-STATE EMPLOYER PERFORMING INCIDENTAL WORK IN COLORADO
WHERE THE EMPLOYEE IS COVERED AT THE TIME OF INJURY UNDER THE
WORKERS' COMPENSATION ACT OF ANOTHER STATE REGARDLESS OF
WHERE THE CONTRACT FOR EMPLOYMENT WAS CREATED.
(II) FOR PURPOSES OF THIS SECTION, "INCIDENTAL WORK" MEANS
WORK THAT IS TEMPORARY OR TRANSITORY AND IS PERFORMED
EXCLUSIVELY FOR AN EMPLOYER WITH NO PERMANENT, REGULAR, OR
RECURRING OPERATIONS IN THE STATE OF COLORADO.
(III) THIS SECTION ONLY APPLIES TO A WORKERS' COMPENSATION
ACT OF ANOTHER STATE THAT INCLUDES A RECIPROCAL PROVISION
EXEMPTING COLORADO EMPLOYERS FROM LIABILITY UNDER THE OTHER
STATE'S ACT FOR INCIDENTAL WORK.".
Renumber succeeding sections accordingly.
Health &
Human
Services
Senate Journal, May 9
HB17-1119 by Representative(s) Kraft-Tharp, Singer; also Senator(s) Jahn and Tate--Concerning the
payment of workers' compensation benefits to injured employees of uninsured employers,
and, in connection therewith, making an appropriation.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, May 4, page(s) 1075-1076 and placed in members' bill files.)
Amendment No. 2(L.011), by Senator Jahn.
Amend the State, Veterans, and Military Affairs Committee Report,
dated May 4, 2017, page 1, strike lines 18 through 20 and substitute
"WORK THAT IS RANDOMLY OR FORTUITOUSLY IN COLORADO.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.