The act updates and modifies laws pertaining to the payment of wages and employee misclassification, and the enforcement procedures and remedies for violations of those laws, as follows: Changes the penalties for failure to provide requested information to the division of labor standards and statistics in the department of labor and employment (DLSS) or for hindering or obstructing the director of the DLSS or other person authorized by the director in accessing an employer's premises from a misdemeanor criminal offense to a daily penalty of not less than $50 (sections 1 and 2 of the act); Directs the DLSS to transmit penalties it imposes to the wage theft enforcement fund (sections 1 through 5 and 10); Requires an employer to: Provide notice to an employee, within 10 days after the employment terminates, before deducting from wages or compensation any amount of money or property the employee failed to return or repay upon termination of employment and pay the employee the deducted amount within 14 days after the employee returns or repays the money or property if the employee did so within 14 days after notice is provided (section 6); Imposes automatic penalties of the greater of 2 times the amount of the unpaid wages or $1,000 on an employer that fails to pay all past-due wages within 14 days after a written demand or civil or administrative action for the past-due wages is sent to or served on the employer. If an employee shows that the employer's failure or refusal to pay wages was willful, the employer is subject to penalties equal to the greater of 3 times the amount of unpaid wages or $3,000. The act further states that an employer's second or subsequent failure or refusal to pay wages of the same or similar type within the 5 years preceding a claim is considered per se willful (section 7). If an employer makes a full legal tender of all amounts demanded in good faith within 14 days after a written demand is sent or an administrative claim or civil action is sent or served, the employee is required to dismiss the action (section 7); Eliminates the authority of a court to award an employer reasonable attorney fees and costs in an action in which the employee claimed wages in excess of the greater of $7,500 or the jurisdictional limit for small claims court and the employee does not recover an amount greater than the amount the employer tendered and instead permits a court to award an employer reasonable attorney fees and costs if, within 14 days after a written demand is sent or a civil action is served, the employer makes full legal tender of all amounts demanded in good faith for all employees and the employees ultimately fail to recover a total sum that is greater than the amount tendered (section 8); Allows the DLSS to award an employee reasonable costs incurred in an administrative claim when the employee recovers a sum that is greater than the amount the employer tendered, and, if the employee recovers more than $5,000 in unpaid wages, allows the DLSS to also award the employee attorney fees (section 8); Allows the director of the DLSS to use existing authority under labor laws to gather information pertinent to wage claims from employers, employees, and other persons or entities (section 9); Allows recovery of attorney fees, an additional fine of 50% of the amount of past-due wages, and a penalty of the greater of 50% of past-due wages or $3,000 from an employer that fails to pay an employee past-due wages within 60 days after the determination in favor of the employee (section 9); For a citation, notice of assessment, or order issued against an employer on or after January 1, 2023, requires the DLSS, upon request of an employee, to file a certified copy of the citation, notice, or order with the appropriate clerk of court, after which the clerk is required to enter the citation, notice, or order as a judgment of the court, and the judgment is sufficient to support the issuance of writs of garnishment if the judgment is wholly or partially unsatisfied (section 10); On or after January 1, 2023, authorizes the DLSS, either on its own initiative or within 60 days after receiving a written request from an employee, to issue a notice of administrative lien and levy, similar to a child support enforcement lien, when an employer fails to pay past-due wages, fines, or penalties, which lien attaches to the employer's real or personal property that is in the possession, custody, or control of another person (section 10); Allows an employee who alleges that the employee's employer discriminated or retaliated against the employee for filing or participating in a wage claim to file a civil action to seek relief, including back pay, reinstatement or front pay, payment of unlawfully withheld wages, interest on past-due wages, penalties, liquidated damages, injunctive relief, and attorney fees and costs. The DLSS, after an investigation of a discrimination or retaliation claim, may also order similar relief to an employee, other than attorney fees and costs (section 11). Establishes the worker and employee protection unit (unit) in the department of law to investigate and enforce wage theft and unemployment insurance and misclassification of employees claims under specified circumstances and requires the director of the DLSS to share with the unit any orders the director issued in the previous 12 months finding that an employer has misclassified employees (sections 12 through 15). Section 16 appropriates $345,069 to the department of labor and employment for the 2022-23 state fiscal year to implement the act as follows: $314,019 for use by the DLSS for program costs, including an additional 3.4 FTE; and $31,050 to purchase legal services, which amount is reappropriated to the department of law to provide legal services to the department of labor and employment. Section 16 also appropriates $95,200 to the department of law for the 2022-23 state fiscal year for use by consumer protection to implement the act, which amount assumes the department will require an additional 0.8 FTE. (Note: This summary applies to this bill as enacted.)
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The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the domestic violence offender management board (board). The act extends the board until September 1, 2027. The act requires the board to conduct compliance reviews on at least 10% of the treatment providers who provide services to domestic violence offenders every 2 years beginning no later than July 1, 2023. The act conforms the fingerprint-based background check process for treatment providers to current law and practice. The act requires the board to develop a data collection plan and requires providers to begin data collection pursuant to the plan by January 1, 2023. The act requires the board to produce an annual report that includes: The number of people who received domestic violence offender treatment in the preceding year, the number of those who successfully completed the treatment, the number of those who did not complete the treatment, and the number of those who reoffended and were removed from treatment; The number of treatment providers who provided domestic violence offender treatment in the preceding year; The number of treatment providers who applied to be placed on the list of approved treatment providers and the number of treatment providers placed on the list; The best practices for the treatment and management of domestic violence; and Any other relevant information, including any board recommendations for legislation to carry out the purpose and duties of the board to protect the community. The act appropriates $70,232 from the general fund to the department of public safety for use by the division of criminal justice to implement the act. (Note: This summary applies to this bill as enacted.)
The act makes it unlawful for a person to threaten, coerce, or intimidate an election official with the intent to interfere with the performance of the official's duties or with the intent to retaliate against the official for the performance of the official's duties. The prohibition does not apply to an enforcement action taken by the secretary of state to enforce state election laws or to an enforcement action take by a designated election official against an election judge who has violated a statute, a rule promulgated by the secretary of state, or the election judge's oath. The act also prohibits a person from making the personal information of an election official or an election official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the election official or the election official's immediate family. For the purposes of this restriction, "election official" is defined to include a county clerk and recorder, a municipal clerk, an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracted for or engaged in the performance of election duties. An election worker may file a request with a state or local official to remove personal information from records that the official makes available on the internet. The request must include an affirmation under penalty of perjury that the election worker has reason to believe that the dissemination of the election worker's personal information on the internet poses an imminent and serious threat to the safety of the election worker. After receiving a request from an election worker, the state or local official is also required to deny access to the personal information in response to a request for records under the "Colorado Open Records Act"; except that a party to a record, settlement service, title insurance agency, mortgage servicer or mortgage servicer's agent, and an attorney engaged in a real estate matter may access records maintained by a county recorder, county assessor, or county treasurer. For purposes of this protection, "election worker" is defined to include a county clerk and recorder, county election staff, a municipal clerk, municipal election staff, the secretary of state, and the secretary of state's election staff but does not include an election judge or a temporary employee. (Note: This summary applies to this bill as enacted.)
The act provides a list of allowable restitution expenses if proximately caused by a crime for which restitution must be paid, which list includes travel expenses to certain court proceedings. The court is required to review the travel expenses to ensure the travel expenses are reasonable. If the court finds the travel expenses are unreasonable, the court may reduce the amount of recoverable travel expenses to a reasonable amount. The act requires the department of corrections to intercept government windfall payments (payments) before the payments are deposited in an inmate's bank account and send funds to the judicial department (department) in an amount equal to any amount owed by the inmate. The department is required to disburse funds pursuant to the order of crediting payments in criminal proceedings. The department of corrections is required to disperse any remaining funds in accordance with restitution for inmates sentenced to the department of corrections. If any funds remain after the inmate's outstanding obligations are fulfilled, the excess funds must be placed in the inmate's bank account. The act establishes the office of restitution services (office) in the department. The purpose of the office is to assist victims who are owed court-ordered restitution. The office is required to receive requests from victims requesting semiannual statements detailing restitution payments the defendant has made to the victim and the disbursements the court has made to the victim. The statement must include the outstanding amount of court-ordered restitution owed to the victim. The office is also required to assist with training related to the administration of the restitution system, enhance communications for postsentence restitution, and collaborate with victim advocacy programs. The act appropriates $129,359 from the judicial collection enhancement fund to the department to establish the office. (Note: This summary applies to this bill as enacted.)
Under existing law, the state department of human services (department) reimburses local governments and nongovernmental agencies that operate domestic abuse programs for providing services to victims of domestic violence. The act renames "domestic abuse programs" as "domestic violence programs", repeals the authority to reimburse local governments, and requires the department to reimburse a nongovernmental agency or a federally recognized Indian tribe that operates a domestic violence, sexual assault, or culturally specific program (program) that provides services to victims of domestic abuse or sexual assault (program services). The act repeals the requirement that programs must request information from each client concerning the relationship of the client to the alleged perpetrator of the abuse. The act permits the department to enter into an agreement with a federally recognized state or tribal domestic violence or sexual assault coalition (coalition) for program services and other related services. A coalition that enters into a contract or agreement with the department shall provide training and technical assistance for programs and may participate in systems advocacy, develop and implement policies to improve the response to and prevention of domestic violence or sexual assault, and conduct statewide community outreach and public education related to domestic violence and sexual assault. A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a program. The act creates the state domestic violence and sexual assault services fund, transfers $6 million to the fund from the behavioral and mental health cash fund, and requires the department to publish information on its website about the use of program funds and organizations that receive funds. The act creates the Colorado crime victim services fund (victim services fund) and requires the state treasurer to transfer $32 million to the fund from the economic recovery and relief cash fund and $6 million to the fund from the general fund. The division of criminal justice in the department of public safety makes grants from the victim services fund to government agencies and nonprofit organizations that provide services for crime victims. The division is required to publish information on its website about the use of grant funds and organizations that receive grant awards. The act permits the division of criminal justice to grant money from the victims assistance and law enforcement fund for mass tragedy response. The act limits members of the crime victim services advisory board to serving 3 consecutive 3-year terms on the board. The act requires the state treasurer to transfer $3 million to the victims and witnesses assistance and law enforcement fund from the economic recovery and relief cash fund. The state court administrator is required to distribute the money based on need. The act requires the state treasurer to transfer $1 million to the community crime victims grant program cash fund from the general fund. For state fiscal year 2021-22, the general assembly appropriated $1.5 million to the department of public safety for the state victims assistance and law enforcement program and $4.75 million to the department of human services for the domestic abuse program. The act further appropriates any of that money that is not expended by July 1, 2022, to each department for use in the 2022-23 and 2023-24 state fiscal years. (Note: This summary applies to this bill as enacted.)
The act: Expands the definition of "service provider" in the employment support and job retention services program (program) to include faith-based organizations and churches, community centers, neighborhood organizations, food banks, outreach providers, and local entities that provide employment services to community members; Modifies the eligibility criteria for receiving services and the list of reimbursable services under the program; Appropriates $250,000 annually from the general fund to the employment support and job retention services program cash fund; Extends the program until September 1, 2029; and Modifies the current reporting requirements to require the division of employment and training in the department of labor and employment to report on the efficacy of the program during the department's presentations at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.(Note: This summary applies to this bill as enacted.)
Under existing law, the division of veterans affairs (division) within the department of military and veterans affairs operates a veterans resource information clearinghouse (clearinghouse) to provide information concerning support, services, and other assistance available to veterans and their families. The bill requires the division to create and maintain an online portal to assist veterans with accessing information provided through the clearinghouse, allow users to maintain a personalized health record in the portal, and offer secure care coordination and personalized care tools that help veterans be more engaged in their health. The division is permitted to enter into an agreement with a third party to create and maintain the online portal or, if the third party maintains an existing, similar portal, to expand and maintain that existing portal.(Note: This summary applies to this bill as introduced.)
The bill creates the Colorado multidisciplinary geriatric provider pipeline program (program) in the university of Colorado Anschutz medical campus. The program coordinates and expands geriatric training opportunities for clinical graduate students enrolled in participating institutions of higher education who study in the health-care fields of medicine, medicine with a focus on training to be a physician assistant, dentistry, pharmacy, nursing, psychology, and social work. The bill creates the geriatric training executive advisory committee (committee) to ensure that the training for the program is consistent and collaborative across the health-care fields of study. The committee is required to: Set the program's standards for training and delivery of medical care to the most frail and medically complex, costly, and compromised older Coloradans; Collaborate with participating institutions of higher education across Colorado to select clinical graduate students who have an interest in geriatric care to participate in the program; Analyze data collected by the program; Build relationships, collaborate, and create a multidisciplinary team that provides opportunities for clinicians to work together in teams to better understand the roles of each discipline and better place clinical graduate students for experiential training opportunities; and Coordinate with graduates of the program for opportunities to become trainers to future clinical graduate students once practicing in the graduate's field of study.(Note: This summary applies to this bill as introduced.)
The act removes the exemption for greyhound breeders from the "Pet Animal Care and Facilities Act". By removing this language, greyhounds are elevated to a class of pet that is intended to be a companion pet. (Note: This summary applies to this bill as enacted.)
The act requires the domestic violence fatality review board (review board) to: Provide technical assistance and training to local governments to help establish and maintain a review team and provide technical assistance and training to existing review teams; Pursue and implement any recommendations pertaining to improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk, reducing the incidence of domestic violence and domestic violence fatalities in the state, and improving responses to domestic violence incidents; Provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities; Make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards that may conduct a fatality review to create greater trust between local agencies and victims of domestic violence; Coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities; Coordinate to implement effective information-sharing related to identified domestic violence fatalities; Perform outreach to local governments and organizations to promote the development of local review teams; and Prioritize development and support of local review teams in underserved and rural communities. The review board is set to repeal on September 1, 2022. The act extends the repeal to September 1, 2027, and requires a sunset review prior to the repeal. The act also repeals the review board's associated cash fund. The act appropriates $43,350 to the department of law from the general fund to implement the act. The act decreases the cash fund appropriation from the Colorado domestic violence review board cash fund in the 2022 general appropriations act to the department of law for use by the office of community engagement by $2,500. (Note: This summary applies to this bill as enacted.)