Amendments for HB24-1260
House Journal, March 21
38 HB24-1260 be amended as follows, and as so amended, be referred to
39 the Committee on Appropriations with favorable
40 recommendation:
41
42 Amend printed bill, page 3, line 1, strike "and".
43
44 Page 3, strike lines 4 through 6, and substitute "their rights to opt out of
45 political or religious meetings without fear of retaliation from an
46 employer, as long as the meetings are not required by law and are not
47 essential to the employee's job performance; and
48 (h) While it is important to provide protections to employees, the
49 protections should not interfere with the ability of employers to provide
50 diversity, equity, and inclusion training to employees.".
51
52 Page 3, after line 14 insert:
53
54 "(3) The general assembly further declares that the protections in
55 this act are not intended to:
1 (a) Interfere with an employer’s right to free speech;
2 (b) Prohibit an employer’s obligation to provide legally required
3 trainings, such as sexual harassment training, or employer-initiated
4 trainings related to diversity, equity, and inclusion;
5 (c) Extend to employees in schools or hospitals run by religious
6 institutions when discussing religious matters; or
7 (d) Prohibit an employee from performing any aspects of required
8 job duties.".
9
10 Page 4, line 2, strike "CIVIC, COMMUNITY,".
11
12 Page 4, line 3, strike "ORGANIZATION." and substitute "ORGANIZATION OR
13 ANY NONPROFIT ORGANIZATION ESTABLISHED FOR CHARITABLE OR
14 COMMUNITY WELFARE PURPOSES.".
15
16 Page 4, after line 3 insert:
17
18 "(d) "RELIGIOUS MATTERS" MEANS MATTERS RELATING TO
19 RELIGIOUS AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR
20 SUPPORT ANY RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION
21 ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES.".
22
23 Page 4, strike lines 4 through 12 and substitute:
24
25 "(2) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
26 EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN EMPLOYEE
27 TO DISCIPLINE, DISCHARGE, OR AN ADVERSE EMPLOYMENT ACTION ON
28 ACCOUNT OF THE EMPLOYEE'S REFUSAL TO ATTEND OR PARTICIPATE IN AN
29 EMPLOYER-SPONSORED MEETING CONCERNING RELIGIOUS OR POLITICAL
30 MATTERS OR FOR DECLINING TO LISTEN TO SPEECH OR VIEW RELIGIOUS OR
31 POLITICAL COMMUNICATIONS FROM THE EMPLOYER OR THE AGENT,
32 REPRESENTATIVE, OR DESIGNEE OF THE EMPLOYER.".
33
34 Page 4, line 16, strike "BY LAW".
35
36 Page 4, strike lines 17 and 18 and substitute "BY LAW, A COURT ORDER, OR
37 AN AGREEMENT WITH A GOVERNMENTAL ENTITY TO COMMUNICATE TO
38 EMPLOYEES, BUT ONLY TO THE EXTENT OF THE LEGAL REQUIREMENT;".
39
40 Page 4, line 22, strike "DUTIES;" and substitute "DUTIES OR THAT IS
41 REQUIRED TO PREVENT OR ADDRESS UNLAWFUL DISCRIMINATION AND
42 HARASSMENT BASED ON A PROTECTED CLASS;".
43
44 Page 5, line 7, strike "MATERIAL" and substitute "MATTER".
45
46 Page 5, line 9, strike "CASUAL" and substitute "VOLUNTARY".
47
48 Page 6, after line 8, insert:
49
50 "(c) FOR AN ALLEGED VIOLATION OF SUBSECTION (2)(a) OF THIS
51 SECTION AGAINST AN EMPLOYER, THE EMPLOYER HAS AN AFFIRMATIVE
52 DEFENSE TO THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE
53 EMPLOYER CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE
54 EMPLOYEE HAD THE OPTION TO LEAVE THE MEETING WHERE THE
55 VIOLATION ALLEGEDLY TOOK PLACE.".
1 Page 6, line 10, after "INSTITUTION," insert "NONPROFIT FAITH-BASED
2 HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH FACILITY,".
3
4 Page 6, line 19, strike "SECTION 24-34-601;".
5
6
House Journal, April 19
13 HB24-1260 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend the Business Affairs and Labor Committee Report, dated March
18 20, 2024, page 1, after line 19 insert:
19
20 "Page 3 of the printed bill, after line 20 insert:
21
22 "(a) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
23 EMPLOYMENT.".
24
25 Reletter succeeding paragraphs accordingly.".
26
27 Page 2 of the report, line 7, strike ""(2)" and substitute ""(2) (a)".
28
29 Page 2 of the report, line 14, strike "EMPLOYER."." and substitute
30 "EMPLOYER.
31 (b) WITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO, THE
32 PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION APPLY ONLY TO
33 MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE
34 EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR
35 ORGANIZATION.".".
36
37 Page 2 of the report, after line 23 insert:
38
39 "Page 5 of the bill, strike lines 12 through 15 and substitute:
40
41 "(4) (a) AN AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION
42 OF THIS SECTION BY:
43 (I) FILING A COMPLAINT WITH THE DEPARTMENT; OR
44 (II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT
45 JURISDICTION TO ENFORCE THIS SECTION.
46 (b) AN AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF THIS
47 SECTION SHALL:
48 (I) EXHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE
49 FILING AN ACTION IN DISTRICT COURT; AND
50 (II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN EMPLOYER
51 WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS SECTION.
52 (c) ON OR BEFORE THE DATE THE DEPARTMENT MAKES A COMPLAINT
53 FORM PUBLICLY AVAILABLE, AN AGGRIEVED PERSON MAY FILE A
54 COMPLAINT FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT IN
55 ANY FORM, INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.
1 (d) AFTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM
2 PUBLICLY AVAILABLE, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT
3 ONLY BY COMPLETING THE REQUIRED FORM.
4 (e) AFTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:
5 (I) INVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER FOR
6 AN ALLEGED VIOLATION OF THIS ARTICLE 2; OR
7 (II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN ACTION
8 IN DISTRICT COURT.
9 (f) (I) ON AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT IS
10 FILED AND BEFORE THE DEPARTMENT ISSUES A WRITTEN DETERMINATION,
11 AN AGGRIEVED PERSON MAY REQUEST AND THE DEPARTMENT SHALL
12 GRANT SUCH AGGRIEVED PERSON WRITTEN AUTHORIZATION TO PROCEED
13 WITH AN ACTION IN DISTRICT COURT.
14 (II) AT THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION IN
15 DISTRICT COURT, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN
16 NOTICE OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL
17 TERMINATE ITS INVESTIGATION.
18 (III) AN AGGRIEVED PERSON WHO RECEIVES WRITTEN AUTHORIZATION
19 PURSUANT TO THIS SUBSECTION (4) IS DEEMED TO HAVE EXHAUSTED
20 ADMINISTRATIVE REMEDIES.
21 (g) IF, AFTER CONDUCTING AN INVESTIGATION, THE DEPARTMENT:
22 (I) DOES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE
23 THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE
24 AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF
25 COMPETENT JURISDICTION. THE AGGRIEVED PERSON IS DEEMED TO HAVE
26 EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION
27 AND AUTHORIZATION IS ISSUED.
28 (II) FINDS ONE OR MORE VIOLATIONS, THE DEPARTMENT SHALL
29 PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY
30 AWARD THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT
31 TO SUBSECTION (4)(j) OF THIS SECTION.
32 (h) (I) THE DETERMINATION OF THE DEPARTMENT IS A FINAL AGENCY
33 ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE
34 DETERMINATION, SECTION 8-4-113 (2) APPLIES.
35 (II) THE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED
36 ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT
37 COURT OF COMPETENT JURISDICTION WITHIN THIRTY-FIVE CALENDAR DAYS
38 AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE
39 DEPARTMENT. JUDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE
40 RECORD DESIGNATED ON APPEAL.
41 (i) AN AGGRIEVED INDIVIDUAL MAY, WITHIN ONE HUNDRED EIGHTY
42 DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE REMEDIES,
43 COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT JURISDICTION
44 AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION.".
45
46 Renumber succeeding paragraph accordingly.".
47
48 Page 2 of the report, line 24, strike "8," and substitute "8".
49
50 Page 2 of the report, line 25, strike ""(c)" and substitute ""(5)".
51
52 Page 2 of the report, after line 30 insert:
53
54 "Renumber succeeding subsections accordingly.".
55
1 Page 3 of the report, after line 2 insert:
2
3 "Page 6 of the bill, line 23, strike "OF LABOR AND EMPLOYMENT".
4
5 Page 7 of the bill, after line 2 insert:
6
7 "SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
8 $278,564 is appropriated to the department of labor and employment for
9 use by the division of labor standards and statistics. This appropriation is
10 from the general fund and is based on an assumption that the division will
11 require an additional 2.8 FTE. To implement this act, the division may
12 use this appropriation for program costs related to labor standards.".
13
14 Renumber succeeding section accordingly.
15
16 Page 1 of the bill, line 102, strike "SPEECH." and substitute "SPEECH,
17 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
18
19
House Journal, April 26
32 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
33 placed in member's bill file; Report also printed in House Journal,
34 April 19, 2024.
35
36 Amendment No. 2, Business Affairs & Labor Report, dated March 20,
37 2024, and placed in member's bill file; Report also printed in House
38 Journal, March 21, 2024.
39
40 Amendment No. 3, by Majority Leader Duran:
41
42 Amend the Business Affairs and Labor Committee Report, page 2, strike
43 lines 16 through 21 and substitute:
44
45 "Page 4 of the printed bill, strike lines 17 through 22 and substitute "BY
46 LAW, A COURT ORDER, OR AN AGREEMENT WITH A GOVERNMENTAL ENTITY
47 TO COMMUNICATE TO EMPLOYEES, BUT ONLY TO THE EXTENT OF THE
48 LEGAL REQUIREMENT;
49 (b) AN EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,
50 OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER'S EMPLOYEES OR
51 FROM REQUIRING AN EMPLOYEE TO LISTEN TO ANY INFORMATION OR
52 TRAINING THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR
53 JOB DUTIES OR THAT IS REQUIRED TO PREVENT OR ADDRESS UNLAWFUL
54 DISCRIMINATION AND HARASSMENT BASED ON A PROTECTED CLASS;
55
1 (c) AN EMPLOYER FROM REQUIRING THAT AN EMPLOYEE ATTEND
2 A MEETING OR EVENT, LISTEN TO SPEECH, OR VIEW COMMUNICATIONS
3 CONCERNING RELIGIOUS OR POLITICAL MATTERS AS NECESSARY FOR THE
4 EMPLOYEE TO PERFORM THEIR LAWFULLY REQUIRED JOB DUTIES;".
5
6 Reletter succeeding paragraphs accordingly.".
7
8 Page 2 of the report, line 25, strike "(2)(a)" and substitute "(2)".
9
10 Page 3 of the report, after line 1 insert:
11
12 "Page 6 of the bill, line 15, after "INSTITUTION," insert "NONPROFIT
13 FAITH-BASED HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH
14 FACILITY,".".
15
16 As amended, ordered engrossed and placed on the Calendar for Third
17 Reading and Final Passage.
18