Amendments for HB20-1415

House Journal, June 8
45 HB20-1415 be amended as follows, and as so amended, be referred to
46 the Committee on Appropriations with favorable
47 recommendation:
48
49 Amend printed bill, page 2, strike line 12 and substitute:
50
51 "(3) "PRINCIPAL" MEANS:
52 (a) AN "EMPLOYER" AS".
53
54 Page 2, strike lines 14 and 15 and substitute "U.S.C. SEC. 203 (d);".
55
56 Page 2, line 16, strike "(I)" and substitute "(b)".
1 Page 3, line 2, strike "(II)" and substitute "(c)".
2
3 Page 3, strike lines 5 through 7 and substitute:
4
5 "(d) AN ENTITY THAT CONTRACTS WITH FIVE OR MORE
6 INDEPENDENT CONTRACTORS IN THE STATE EACH YEAR.".
7
8 Page 3, strike lines 13 through 27 and substitute:
9
10 "(5) "WORKER" MEANS:
11 (a) AN EMPLOYEE AS DEFINED IN SECTION 8-4-101 (5); OR
12 (b) A PERSON WHO WORKS FOR AN ENTITY THAT CONTRACTS WITH
13 FIVE OR MORE INDEPENDENT CONTRACTORS IN THE STATE EACH YEAR.".
14
15 Page 5, line 15, strike "(a)".
16
17 Page 5, line 17, strike "(I)" and substitute "(a)".
18
19 Page 5, line 18, strike "(II)" and substitute "(b)".
20
21 Page 5, strike lines 20 through 24.
22
23 Page 6, line 9, after "8-14.4-105;" insert "OR".
24
25 Page 6, line 11, strike "8-14.4-106; OR" and substitute "8-14.4-106.".
26
27 Page 6, strike lines 12 and 13.
28
29 Page 6, line 17, strike "AN" and substitute "WITHIN TWO YEARS AFTER AN
30 ALLEGED VIOLATION OF THIS ARTICLE 14.4, AN".
31
32 Page 6, line 18, after "AGGRIEVED INDIVIDUAL" insert "OR
33 WHISTLEBLOWER".
34
35 Page 6, line 22, after "AGGRIEVED INDIVIDUAL" insert "OR
36 WHISTLEBLOWER".
37
38 Page 6, line 26, after "INDIVIDUAL" insert "OR WHISTLEBLOWER".
39
40 Page 7, line 4, after "AGGRIEVED INDIVIDUAL" insert "OR
41 WHISTLEBLOWER".
42
43 Page 7, line 10, strike "INDIVIDUALS;" and substitute "INDIVIDUALS AND
44 WHISTLEBLOWERS;".
45
46 Page 7, line 11, after "AGGRIEVED INDIVIDUAL" insert "OR
47 WHISTLEBLOWER".
48
49 Page 7, line 19, after "MAY" insert "AWARD REASONABLE ATTORNEY FEES
50 AND".
51
52 Page 7, line 25, strike "RATE OF".
53
54 Page 8, line 10, strike "WHO HAS EXHAUSTED" and substitute "MAY,
55 WITHIN NINETY DAYS AFTER EXHAUSTING".
56
1 Page 8, line 11, strike "8-14.4-105 MAY" and substitute 8-14.4-105,".
2
3 Page 10, after line 6 insert:
4
5 "(5) THE COURT SHALL AWARD REASONABLE ATTORNEY FEES TO
6 A PLAINTIFF WHO PREVAILS IN AN ACTION BROUGHT PURSUANT TO THIS
7 SECTION.".
8
9 Page 10, line 15, after "SECTION." add "THE STATE MAY INTERVENE IN
10 THE ACTION TO PROSECUTE IN ITS OWN NAME.".
11
12 Page 10, line 22, strike "VIOLATION." and substitute "VIOLATION, AND FOR
13 APPROPRIATE INJUNCTIVE AND EQUITABLE RELIEF. THE COURT SHALL
14 AWARD THE WHISTLEBLOWER REASONABLE ATTORNEY FEES. THE
15 ATTORNEY FEES ARE NOT SUBJECT TO THE DISTRIBUTION SPECIFIED IN
16 SUBSECTION (3) OF THIS SECTION.".
17
18 Page 10, line 27, strike "WHISTLEBLOWER." and substitute "FIRST
19 WHISTLEBLOWER WHO FILED THE ACTION.".
20
21

House Journal, June 8
34 HB20-1415 be amended as follows, and as so amended, be referred to
35 the Committee of the Whole with favorable
36 recommendation:
37
38 Amend printed bill, page 11, after line 6 insert:
39
40 "8-14.4-109. Repeal. This article 14.4 is repealed, effective July
41 1, 2022.
42 SECTION 2. In Colorado Revised Statutes, 8-77-109, add
43 (2)(a)(II)(C) as follows:
44 8-77-109. Employment support fund - employment and
45 training technology fund - created - uses. (2) (a) The state treasurer
46 shall credit the moneys collected pursuant to this section to the
47 employment support fund created in subsection (1) of this section. The
48 general assembly shall appropriate the moneys in the employment support
49 fund annually to the department of labor and employment:
50 (II) (C) (i) TO FUND THE ADMINISTRATION OF ARTICLE 14.4 OF THIS
51 TITLE 8.
52 (ii) THIS SUBSECTION (2)(a)(II)(C) is repealed, effective July 1,
53 2022.
54 SECTION 3. Appropriation. (1) For the 2020-21 state fiscal
55 year, $270,153 is appropriated to the department of labor and
1 employment. This appropriation is from the employment support fund
2 created in section 8-77-109 (1)(b), C.R.S. To implement this act, the
3 department may use this appropriation as follows:
4 (a) $206,193 for use by for use by the division of labor standards
5 and statistics for enforcement of workers' rights related to a public health
6 emergency, which amount is based on an assumption that the division will
7 require an additional 2.5 FTE; and
8 (b) $63,960 for the purchase of legal services.
9 (2) For the 2020-21 state fiscal year, $63,960 is appropriated to
10 the department of law. This appropriation is from reappropriated funds
11 received from the department of labor and employment under subsection
12 (1)(b) of this section and is based on an assumption that the department
13 of law will require an additional 0.3 FTE. To implement this act, the
14 department of law may use this appropriation to provide legal services for
15 the department of labor and employment.".
16
17 Renumber succeeding section accordingly.
18
19 Page 1, line 103, strike "EMERGENCY." and substitute "EMERGENCY,
20 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
21
22

House Journal, June 8
9 Amendment No. 1, Appropriations Report, dated June 8, 2020, and
10 placed in member’s bill file; Report also printed in House Journal, June
11 8, 2020.
12
13 Amendment No. 2, Finance Report, dated June 6, 2020, and placed in
14 member’s bill file; Report also printed in House Journal, June 8, 2020.
15
16 Amendment No. 3, by Representative Herod.
17
18 Amend printed bill, page 5, line 7, strike "JOB.". and substitute "JOB OR
19 PREVENT A WORKER FROM FULFILLING THE DUTIES OF THE WORKER'S
20 POSITION.".
21
22 As amended, ordered engrossed and placed on the Calendar for Third
23 Reading and Final Passage.
24

Senate Journal, June 10
After consideration on the merits, the Committee recommends that HB20-1415 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 3, line 20, strike "WHO, IN GOOD FAITH,
RAISES" and substitute "BASED ON THE WORKER, IN GOOD FAITH,
RAISING".

Page 3, strike lines 25 through 27 and substitute "THE PUBLIC IF THE
PRINCIPAL CONTROLS THE WORKPLACE CONDITIONS GIVING RISE TO THE
THREAT OR VIOLATION.".

Page 4, line 13, strike "WHO VOLUNTARILY WEARS" and substitute
"BASED ON THE WORKER VOLUNTARILY WEARING".

Page 4, line 26, strike "FOR" and substitute "BASED ON THE WORKER".

Page 11, strike lines 5 and 6.
Finance