Amendments for SB22-161

Senate Journal, April 20
After consideration on the merits, the Committee recommends that SB22-161 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, line 11, after "CONTINUES." add "THE DIVISION
SHALL TRANSMIT ANY PENALTY IMPOSED AND COLLECTED PURSUANT TO THIS
SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE
WAGE THEFT ENFORCEMENT FUND CREATED IN SECTION 8-4-113 (3).
SECTION 2. In Colorado Revised Statutes, 8-1-116, amend (2) as
follows:
8-1-116. Investigators to have access to premises - penalty. (2) Any
person who hinders or obstructs the director or any such person authorized by
the director in the exercise of any power conferred by this article 1, or any
employer who in bad faith refuses reasonable access to the employer's premises,
or any person who gives advance notice of any inspection to be conducted
under this article 1 without authority from the director or the director's designee
commits a class 2 misdemeanor IS SUBJECT TO A PENALTY OF NOT LESS THAN
FIFTY DOLLARS FOR EACH DAY THAT THE CONDUCT CONTINUES. THE DIVISION
SHALL TRANSMIT ANY PENALTY IMPOSED AND COLLECTED PURSUANT TO THIS
SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE
WAGE THEFT ENFORCEMENT FUND CREATED IN SECTION 8-4-113 (3).
SECTION 3. In Colorado Revised Statutes, 8-1-117, amend (2) as
follows:
8-1-117. Director to have access to books - penalty. (2) Any
employer who THAT refuses to exhibit and furnish said THE director or any
agents of the division an inspection of any books, records, and payrolls of such
THE employer, showing or reflecting in any way upon the amount of wage
expenditure of such employers THE EMPLOYER, and other data, facts, and
statistics appertaining to the purposes of this article ARTICLE 1 or who THAT
refuses to admit such THE director or any agent of the division to any place of
employment shall pay a penalty of not less than fifty dollars for each day that
such THE failure, neglect, or refusal continues. THE DIVISION SHALL TRANSMIT
ANY PENALTY IMPOSED AND COLLECTED PURSUANT TO THIS SECTION TO THE
STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE WAGE THEFT
ENFORCEMENT FUND CREATED IN SECTION 8-4-113 (3).
SECTION 4. In Colorado Revised Statutes, 8-1-140, amend (2) as
follows:
8-1-140. Violation - penalty. (2) If any employer, employee, or any
other person fails, refuses, or neglects to perform any duty lawfully enjoined
within the time prescribed by the director or fails, neglects, or refuses to obey
any lawful order made by the director or any judgment or decree made by any
court as provided in this article ARTICLE 1, for each such violation, such THE
employer, employee, or any other person shall pay a penalty of not less than one
hundred dollars for each day such THE violation, failure, neglect, or refusal
continues. THE DIVISION SHALL TRANSMIT ANY PENALTY IMPOSED AND
COLLECTED PURSUANT TO THIS SECTION TO THE STATE TREASURER, WHO SHALL
CREDIT THE MONEY TO THE WAGE THEFT ENFORCEMENT FUND CREATED IN
SECTION 8-4-113 (3).
SECTION 5. In Colorado Revised Statutes, amend 8-1-142 as follows:
8-1-142. Collection of penalties. All penalties provided for in this
article ARTICLE 1 shall be collected in a civil action brought against the
employer or employee in the name of the director, WHICH CIVIL ACTION MAY BE
AN ADMINISTRATIVE ACTION OR A JUDICIAL ACTION AUTHORIZED BY LAW. Any
fine provided in this article ARTICLE 1 is considered a penalty and recoverable
in a civil action as provided in this section unless the violation of this article
ARTICLE 1, for the punishment of which said fine is provided, is designated as
a misdemeanor or other crime.".

Renumber succeeding sections accordingly.

Page 4, strike lines 23 through 25 and substitute "SECTION.".

Page 6, line 18, strike "at the time of such discharge" and substitute "at the time
of such discharge EMPLOYEE SEPARATION OR".

Page 7, line 16, strike "OWED," and substitute "OWED FOR ANY VIOLATION OF
THIS ARTICLE 4,".

Page 7, line 20, strike "If" and substitute "ON OR AFTER JANUARY 1, 2023, if".


Page 7, line 21, strike "an employee's" and substitute "an employee's ALL".

Page 8, line 7, strike "THREE" and substitute "THE GREATER OF TWO".

Page 8, line 8, strike "compensation," and substitute "compensation".

Page 8, line 9, strike "FOR THE EMPLOYER'S FIRST".

Page 8, strike lines 10 and 11 and substitute "OR ONE THOUSAND DOLLARS; OR".

Page 8, line 12, strike "THE" and substitute "IF THE EMPLOYEE CAN SHOW THAT
THE EMPLOYER'S FAILURE OR REFUSAL TO PAY WAGES OR COMPENSATION WAS
WILLFUL, THE WAGE CLAIM IS FOR LESS THAN FIFTY THOUSAND DOLLARS, AND
THE EMPLOYEE IS NOT A HIGHLY COMPENSATED EMPLOYEE, AS DEFINED IN THE
ANNUAL COLORADO OVERTIME AND MINIMUM PAY STANDARDS (COMPS)
ORDER ADOPTED BY THE DIRECTOR, THE".

Page 8, strike lines 14 through 27 and substitute "THREE thousand five hundred
dollars.
(c) If the employee can show that the employer's failure to pay is
willful, the penalty required under paragraph (b) of this subsection (3) shall
increase by fifty percent. Evidence that a judgment OR WAGE DETERMINATION
OF THE".

Page 9, line 3, after "conduct." add "AN EMPLOYER'S FAILURE OR REFUSAL TO
PAY WAGES OR COMPENSATION IS PER SE WILLFUL IF THE EMPLOYEE CAN SHOW
THAT THE CLAIM FOR WHICH A PENALTY UNDER SUBSECTION (3)(b) OF THIS
SECTION IS ASSESSED IS THE EMPLOYER'S SECOND OR SUBSEQUENT FAILURE OR
REFUSAL TO PAY TO EMPLOYEES WAGES OR COMPENSATION OF THE SAME OR
SIMILAR TYPE WITHIN THE FIVE YEARS IMMEDIATELY PRECEDING THE CLAIM.".

Page 10, strike lines 4 through 7 and substitute "under this subsection (3). If, an
WITHIN FOURTEEN DAYS AFTER A WRITTEN DEMAND IS SENT TO OR AN
ADMINISTRATIVE CLAIM OR A CIVIL ACTION IS SENT TO OR SERVED ON THE
EMPLOYER, THE employer makes a FULL legal tender of the full amount claimed
in the action within fourteen days after service of the complaint or other
document commencing the action ALL AMOUNTS DEMANDED FOR ALL
EMPLOYEES, the employee shall dismiss the action.".

Page 10, line 10, strike "If," and substitute "(a) THE DIVISION OR COURT, AS
APPLICABLE, MAY AWARD THE EMPLOYER REASONABLE COSTS INCURRED IN THE
ADMINISTRATIVE CLAIM OR CIVIL ACTION IF, WITHIN FOURTEEN DAYS AFTER A
WRITTEN DEMAND LETTER IS SENT OR AN ADMINISTRATIVE CLAIM OR A CIVIL
ACTION IS SENT TO OR SERVED ON THE EMPLOYER FOR UNPAID WAGES OR
COMPENSATION:
(I) THE EMPLOYER MAKES FULL LEGAL TENDER OF ALL AMOUNTS
DEMANDED FOR ALL EMPLOYEES; AND
(II) THE EMPLOYEES RECEIVING SUCH TENDER:
(A) ARE HIGHLY COMPENSATED EMPLOYEES, AS DEFINED IN THE
ANNUAL COLORADO OVERTIME AND MINIMUM PAY STANDARDS (COMPS)
ORDER ADOPTED BY THE DIRECTOR, WHO PROCEED WITH AN ADMINISTRATIVE
CLAIM OR CIVIL ACTION SEEKING MORE THAN FIFTY THOUSAND DOLLARS IN
WAGES OR COMPENSATION PER EMPLOYEE; AND
(B) ULTIMATELY FAIL TO RECOVER A TOTAL SUM THAT IS GREATER
THAN THE AMOUNT THE EMPLOYER TENDERED.
(b) If,".

Page 12, line 22, strike "(A)".

Page 13, line 1, strike "(B)" and substitute "(II)".

Page 13, strike lines 7 through 14.

Page 14, line 14, strike "AND ANY PENALTY".

Page 15, strike lines 12 through 16.

Page 15, line 17, strike "OF THE COURT. THE" and substitute:

"(c) (I) UPON RECORDING PURSUANT TO SUBSECTION (2)(b) OF THIS
SECTION, THE".

Page 15, strike lines 23 through 25.

Page 15, line 26, strike "AND PENALTIES".

Page 15, line 27, after "section" insert "OR SECTION 8-1-114 (2), 8-1-116 (2),
8-1-117 (2), OR 8-1-140 (2)".

Page 16, line 13, strike "IF" and substitute "ON OR AFTER JANUARY 1, 2023, IF".

Page 17, line 6, strike "ASSETS," and substitute "ASSETS THAT IS FILED LATER IN
TIME;".

Page 17, strike lines 7 and 8.

Page 21, strike lines 11 through 27.

Page 22, strike lines 1 through 6.

Renumber succeeding sections accordingly.

Page 23, line 15, after "(2);" add "AND".

Page 23, strike line 16.

Renumber succeeding subparagraph accordingly.

Page 26, strike lines 18 through 27.

Strike pages 27 through 35.

Page 36, strike lines 1 through 20.

Renumber succeeding section accordingly.

Page 36, line 21, strike "This" and substitute "Section 6 of this act takes effect
January 1, 2023, and the remainder of this".

Page 37, line 2, strike "governor." and substitute "governor; except that section
6 of this act takes effect on January 1, 2023.".


Business,
Labor, &
Technology

Senate Journal, May 2
After consideration on the merits, the Committee recommends that SB22-161 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Business, Labor, and Technology Committee Report, dated April
20, 2022, page 4, lines 1 and 2, strike "DIVISION OR COURT, AS APPLICABLE,"
and substitute "COURT".

Page 4 of the report, line 2, after "COSTS" insert "AND ATTORNEY FEES".

Page 4 of the report, line 3, strike "THE ADMINISTRATIVE CLAIM OR" and
substitute "A".

Page 4 of the report, lines 4 and 5, strike "OR AN ADMINISTRATIVE CLAIM OR"
and substitute "TO OR".

Page 4 of the report, line 5, strike "SENT TO OR".

Page 4 of the report, line 9, strike "TENDER:" and substitute "TENDER
ULTIMATELY".

Page 4 of the report, strike lines 10 through 14.

Page 4 of the report, line 15, strike "(B) ULTIMATELY".

Page 5 of the report, line 14, strike ""Section 6 of this act takes" and substitute
""Sections 6, 7, 8, and 9 of this act take".

Page 5 of the report, line 17, strike "section 6 of this act takes" and substitute
"sections 6, 7, 8, and 9 of this act take".

Amend printed bill, page 10, strike line 22 and substitute: "employer:
(I) The court, IN A CIVIL ACTION, may award the".

Page 10 of the bill, strike line 24 and substitute "CIVIL action; AND
(II) THE DIVISION, IN AN ADMINISTRATIVE CLAIM, MAY AWARD THE
EMPLOYEE REASONABLE COSTS INCURRED IN THE ADMINISTRATIVE CLAIM AND
MAY ALSO AWARD ATTORNEY FEES TO AN EMPLOYEE WHO RECOVERS MORE
THAN FIVE THOUSAND DOLLARS IN UNPAID WAGES IN THE ADMINISTRATIVE
CLAIM.
(c) If an employer fails or refuses to".

Page 11 of the bill, line 12, strike "(A) BEFORE JANUARY 1, 2023, the" and
substitute "The".

Page 11 of the bill, strike lines 16 through 19.

Page 12 of the bill, strike lines 13 through 21 and substitute:

"(2) (a) (I) If one or more employees files a wage complaint with the
division claiming unpaid wages or compensation of seven thousand five
hundred dollars or less per employee, exclusive of penalties and fines, the
division shall investigate the wage complaint. THE DIVISION MAY INVESTIGATE
ANY WAGE COMPLAINT MADE ON BEHALF OF A GROUP OF SIMILARLY SITUATED
EMPLOYEES. IF THE DIVISION DECLINES TO INVESTIGATE A GROUP COMPLAINT,
SIMILARLY SITUATED EMPLOYEES MAY CONSENT IN WRITING TO PARTICIPATE AS
PARTIES TO THAT COMPLAINT, AND THE DIVISION MAY PURSUE A DIRECT
INVESTIGATION INFORMED BY AND CONCURRENT WITH THAT COMPLAINT. The
division shall initiate the administrative procedure by sending a notice of
complaint to the employer by mail or electronic means in accordance with rules
as the director may promulgate when the complaint states a claim for relief. The
notice of the complaint must include:".

Page 22 of the bill, lines 21 and 22, strike "SIX MONTHS," and substitute
"TWELVE MONTHS, BEGINNING JANUARY 1, 2024,".

Page 36 of the bill, before line 21, insert:

"SECTION 24. Appropriation. (1) For the 2022-23 state fiscal year,
$504,419 is appropriated to the department of labor and employment. This
appropriation is from the general fund. To implement this act, the department
may use this appropriation as follows:
(a) $473,369 for use by division of labor standards and statistics for
program costs related to labor standards, which amount is based on an
assumption that the subdivision will require an additional 4.8 FTE; and
(b) $31,050 for the purchase of legal services.
(2) For the 2022-23 state fiscal year, $31,050 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of labor and employment under subsection (1)(b) of this
section and is based on an assumption that the department of law will require
an additional 0.2 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of labor and
employment.
(3) For the 2022-23 state fiscal year, $95,200 is appropriated to the
department of law for use by consumer protection. This appropriation is from
the general fund and is based on an assumption that the department will require
an additional 0.8 FTE. To implement this act, the department may use this
appropriation for consumer protection and antitrust.".

Renumber succeeding section accordingly.

Page 1 of the bill, line 103, strike "RELATIONSHIP." and substitute
"RELATIONSHIP, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".


Appro-
priations



Senate Journal, May 2
SB22-161 by Senator(s) Danielson and Jaquez Lewis; also Representative(s) Duran and Froelich--
Concerning the modernization of procedures for the enforcement of laws governing the
employer-employee relationship, and, in connection therewith, making an appropriation.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, April 20, page(s) 808-811 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 2, page(s) 1109-1110 and placed in members' bill files.)

Amendment No. 3(L.008), by Senator Jaquez Lewis.

Amend the Business, Labor, and Technology Committee Report, dated April
20, 2022, page 2, strike lines 32 and 33.

Page 3 of the report, strike lines 10 through 13 and substitute "COMPENSATION
WAS WILLFUL,".

Page 3 of the report, line 34, after "DEMANDED" insert "IN GOOD FAITH".

Page 4 of the report, line 8, after "DEMANDED" insert "IN GOOD FAITH".

Amend printed bill, page 4, lines 14 and 15, strike "required - penalty." and
substitute "required.".

Page 6 of the bill, line 13, strike "(1)(a) introductory portion and".
Page 6 of the bill, strike lines 15 through 27.

Page 7 of the bill, strike lines 1 through 3 and substitute "civil penalties -
payments to surviving spouse or heir. (3) (a) If an employer refuses to pay
wages or compensation in".

Page 7 of the bill, line 4, strike "section," and substitute "section OR SECTION
8-4-103 (1)(a),".

Page 7 of the bill, line 15, after "DIVISION" insert "IN GOOD FAITH".

Page 16 of the bill, line 15, after "4," insert "WITHIN SIXTY DAYS AFTER
RECEIVING A WRITTEN EMPLOYEE REQUEST OR UPON ITS OWN INITIATIVE,".

Page 16 of the bill, line 16, strike "ANY" and substitute "THE EMPLOYER OR ANY
OTHER".

Page 17 of the bill, after line 3 insert:
"(IV) THE NAMES OF ALL EMPLOYEES DETERMINED TO BE OWED WAGES
OR PENALTIES AND THE AMOUNTS DUE TO EACH NAMED EMPLOYEE;".

Renumber succeeding subparagraphs accordingly.

Page 17 of the bill, line 22, strike "BE" and substitute "FOR PAST-DUE WAGES
AND PENALTIES, BE".

Page 17 of the bill, line 23, strike "DIVISION OR OTHER PAYEE" and substitute
"EMPLOYEE, EMPLOYEES, PAYEE,".

Page 17 of the bill, after line 25 insert:
"(B) FOR FINES, BE PAYABLE TO, TRANSMITTED TO, OR TRANSFERRED
TO THE DIVISION OR OTHER PAYEE OR TRANSFEREE DESIGNATED BY THE
DIVISION IN THE NOTICE AND SENT TO THE ADDRESS INDICATED IN THE NOTICE
OR OTHERWISE TRANSMITTED OR TRANSFERRED AS SPECIFIED IN THE NOTICE;".

Reletter succeeding sub-subparagraphs accordingly.

Page 18 of the bill, after line 2 insert:
"(VII) A STATEMENT THAT, IF INSUFFICIENT ASSETS ARE AVAILABLE TO
COVER ALL AMOUNTS DETERMINED TO BE OWED BY THE EMPLOYER, THE PERSON
MUST FIRST PAY WAGES AND PENALTIES DETERMINED TO BE DUE TO THE
EMPLOYEE OR EMPLOYEES AND THEREAFTER PAY FINES DETERMINED TO BE
OWED TO THE STATE;".

Renumber succeeding subparagraphs accordingly.

Page 20 of the bill, line 24, strike "ONE HUNDRED" and substitute "FIFTY".

Page 21 of the bill, line 1, strike "UP TO THREE" and substitute "EQUAL TO THE
GREATER OF TWO".

Page 21 of the bill, line 2, strike "WAGES;" and substitute "WAGES OR TWO
THOUSAND DOLLARS;".

Page 23 of the bill, strike line 20 and substitute "(1)(h); repeal (1)(i); and add
(1)(j) and (1)(k) as follows:".

Page 23, line 27, strike "THE WORKER AND".

Page 24, strike line 1 and substitute:
"(j) THE WORKER AND EMPLOYEE PROTECTION UNIT, CREATED IN PART
12 OF THIS ARTICLE 31;".

Reletter succeeding paragraph accordingly.

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



House Journal, May 5
38 SB22-161 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend reengrossed bill, page 28, line 5, strike "$504,419" and substitute
43 "$345,069".
44
45 Page 28, line 8, strike "$473,369" and substitute "$314,019".
46
47 Page 28, line 10 strike "4.8" and substitute "3.4".
48
49

House Journal, May 5
7 Amendment No. 1, Appropriations Report, dated May 5, 2022, and placed
8 in member’s bill file; Report also printed in House Journal, May 5, 2022.
9
10 As amended, ordered revised and placed on the Calendar for Third
11 Reading and Final Passage.
12