The bill imposes requirements for certain types of employers with regard to: The determination of employee work schedules; Employee requests for changes to work schedules; and Notices and posting of employee work schedules. In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees: Predictability pay when an employer makes certain changes to an employee's work schedule; Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift; Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours. The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill. A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations. The director of the division is required to promulgate rules to implement the bill. (Note: This summary applies to this bill as introduced.)
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The act requires each child care center, each family child care home, and each public school that serves any of grades preschool through fifth grade, on or before May 31, 2023, to test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source. Subject to available appropriations, each public school that serves students in sixth, seventh, or eighth grade shall satisfy this requirement on or before November 30, 2024. Within 30 days after receiving the results of a test, a child care center, family child care home, or public school that serves any of grades preschool through eighth grade (P-8 school) must make the results, as well as any associated lead remediation plans, publicly available on the child care center's, family child care home's, or P-8 school's website, if applicable, and report the results to the water quality control commission (commission). The commission shall post the results on its public website within 30 days after receiving them. If the results of a test of a drinking water source show that water from the drinking water source contains lead in an amount of 5 parts per billion or more, a child care center, family child care home, or P-8 school must notify all employees and parents and guardians of students, discontinue use of the drinking water source, and take specific measures to address and remediate the drinking water source. The act requires each child care center, family child care home, and P-8 school to create and maintain, for at least 5 years, records of its filter replacement activities, including when a filter is removed and when a new filter is installed, and any remediation efforts, including faucet replacements. The act requires the department of public health and environment (department) to provide training to each child care center, family child care home, and P-8 school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with the act's new requirements. The act allows a family child care home established before March 31, 2023, to opt out of the duty to comply with the act's requirements so long as the authorized representative of the family child care home provides written notice of such decision to the department on or before March 31, 2023. A family child care home established on or after March 31, 2023, may opt out of the duty to comply so long as the authorized representative provides written notice of such decision to the department within 6 months after the date upon which the family child care home is established. A child care center or P-8 school is not required to satisfy the act's requirements if the child care center or P-8 school is classified as a public water system under the "Lead and Copper Rule" of the federal environmental protection agency and the child care center or P-8 school is in compliance with the requirements of the federal rule. However, the child care center or P-8 school is required to report annually to the commission the results of the testing of the center or P-8 school's drinking water sources pursuant to the federal rule. The act creates the school and child care clean drinking water fund (fund) in the department and requires the department to expend money from the fund only to: Help child care centers, family child care homes, and P-8 schools comply with the act's requirements; and Reimburse child care centers, family child care homes, and P-8 schools as needed for costs associated with complying with the act's requirements. The act prohibits the department from reimbursing a child care center, family child care home, or P-8 school for such costs if the child care center, family child care home, or P-8 school has already received reimbursement money from the fund and: None of the results of the required testing showed the presence of lead in an amount of at least 5 parts per billion; or If the results of such testing showed the presence of lead in an amount of at least 5 parts per billion, the child care center, family child care home, or P-8 school has also received reimbursement for any associated remediation efforts and a confirmation test of each drinking water source. The act requires the commission, on or before December 1, 2023, and on or before each December 1 thereafter, to submit a report concerning the act's requirements to legislative committees of reference. The act also requires the department, on or before February 28, 2024, to report to the legislative committees of reference: The remaining balance in the fund as of the date of the report; and The department's determination as to whether the money remaining in the fund is sufficient to require public schools that serve any of grades 6 through 8 to comply with the requirements of the act. The act's requirements are repealed, effective June 30, 2026. For the 2022-23 state fiscal year, the act appropriates $2,648,019 from the general fund to the department to be used as follows: $673,286 for use by the drinking water program for personal services; $1,469,235 for use by the drinking water program for operating expenses; and $505,498 for the purchase of information technology services, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. For the 2022-23 state fiscal year, the act appropriates $21,000,000 from the general fund to the fund, which money is reappropriated to the department to pay operating expenses. (Note: This summary applies to this bill as enacted.)
The act directs the department of early childhood to contract with a Colorado-based nonprofit entity to provide children's mental health programs. $2,000,000 is appropriated to the department of early childhood from the economic recovery and relief cash fund for use by the community and family support division to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)
For 4 income tax years beginning in 2022, the act creates a refundable income tax credit for an early childhood educator who: Has an adjusted gross income that is less than or equal to $75,000 for an individual filing a single return or $150,000 for an individual filing a joint return; Holds an early childhood professional credential for at least part of the income tax year; and For at least 6 months of the income tax year, is either the licensee or employee of an "eligible program", as defined by the act. The amount of the credit is dependent on the eligible early childhood educator's credentialing level, with higher levels receiving a larger credit, and is annually adjusted for inflation. The department of human services, or a successor department, is required to annually provide the department of revenue with an electronic report of each individual who held an early childhood professional credential during the previous calendar year for which the credit is allowed. (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.)
For income tax years beginning on or after January 1, 2023, but before January 1, 2025, any purchaser of an air-source heat pump system, ground-source heat pump system, water-source heat pump system, or variable refrigerant flow heat pump system (heat pump system) or a heat pump water heater that installs a residential or commercial heat pump system or a residential or commercial heat pump water heater into real property in the state is allowed an income tax credit in an amount equal to 10% of the purchase price of the heat pump system or heat pump water heater. For income tax years beginning on or after January 1, 2023, but before January 1, 2025, any purchaser of an energy storage system that installs the energy storage system in a residential dwelling in the state is allowed an income tax credit in an amount equal to 10% of the purchase price of the energy storage system. For the heat pump system and heat pump water heater income tax credit and for the energy storage system income tax credit, the purchaser may assign the income tax credit to the seller of the heat pump system, heat pump water heater, or energy storage system (seller) at the time of purchase. If the purchaser assigns the credit, the seller must compensate the purchaser for the full nominal value of the tax credit. The act specifies the requirements of the purchaser, seller, and the department of revenue in connection with the assignment of either income tax credit. Beginning July 1, 2024, all sales, storage, and use of eligible decarbonizing building materials are exempt from state sales and use tax. "Eligible decarbonizing building materials" are building materials that have a maximum acceptable global warming potential as determined by the office of the state architect (office) and that are on a list of eligible materials maintained by the office. Manufacturers may submit the environmental product declaration of an eligible material to the office for the office's review. The office is required to compile a list of eligible materials and the manufacturers of those materials based on the information voluntarily submitted to the office by the manufacturers. Beginning January 1, 2023, all sales, storage, and use of heat pump systems or heat pump water heaters that are used in commercial or residential buildings are exempt from state sales and use tax. To be eligible for the sales and use tax exemption under certain circumstances, the purchaser of the heat pump system or heat pump water heater is required to certify that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of the heat pump system or heat pump water heater will be performed by a certified contractor on a certified contractor list created pursuant to current law or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards. Beginning January 1, 2023, all sales, storage, and use of energy storage systems that are used in a residential dwelling are exempt from state sales and use tax. A statutory town, city, or county may exempt the same items that are exempt from state sales and use tax pursuant to the act only by express inclusion of the exemption in its initial sales tax ordinance or resolution or by amendment thereto. After January 1, 2023, an investor-owned gas utility may apply to the public utilities commission for approval to measure the amount of use for billing purposes in either fuel commodity units or for energy services provided. The public utilities commission is required to approve, deny, or modify the utility's application. (Note: This summary applies to this bill as enacted.)
Beginning in 2023, the act requires each health insurance carrier (carrier) that offers an individual or small group health benefit plan in this state to offer at least 25% of its health benefit plans on the Colorado health benefit exchange (exchange) and at least 25% of its plans not on the exchange in each bronze, silver, gold, and platinum benefit level in each service area as copayment-only payment structures for all prescription drug cost tiers. Starting in 2024, a carrier or, if a carrier uses a pharmacy benefit manager (PBM) for claims processing services or other prescription drug or device services under a health benefit plan offered by the carrier in the individual market, the PBM, or a representative of the carrier or the PBM, is prohibited from modifying or applying a modification to the current prescription drug formulary during the current plan year. The act repeals and reenacts the current requirements for step therapy and requires a carrier to use clinical review criteria to establish the step-therapy protocol. For each health benefit plan issued or renewed on or after January 1, 2024, the bill requires each carrier or PBM to demonstrate to the division of insurance that: 100% of the estimated rebates received or to be received in connection with dispensing or administering prescription drugs included in the carrier's prescription drug formulary are used to reduce costs; For small group and large employer health benefit plans, all rebates are used to reduce employer or individual employee costs; and For individual health benefit plans, all rebates are used to reduce consumers' premiums and out-of-pocket costs for prescription drugs and that health insurers will maximize the use of rebates to reduce consumer costs. The act requires the division of insurance to conduct and complete a study to evaluate how rebates my be applied in the individual market to reduce consumers' costs. The act requires health insurers to annually report: Data demonstrating that discounts and rebates received are used to reduce costs for policyholders; and An actuarial certification attesting that the health insurer and PBM are compliant with the law and that the data submitted to the division is accurate. The act requires the commissioner of insurance (commissioner) to promulgate rules to implement the rebate requirements in the act. Beginning in 2023, the act requires the department of health care policy and financing, in collaboration with the administrator of the all-payer claims database, to conduct an annual analysis of the prescription drug rebates received in the previous calendar year, by carrier and prescription drug tier, and make the analysis available to the public. For the 2022-23 state fiscal year, $252,667 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)
The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb22-1295-bill-summary (Note: This summary applies to this bill as enacted.)
Current law regulating campaign finance does not set limits on contributions to candidates for school district director. The act: Sets aggregate limits on contributions to candidates for school district director from persons other than small donor committees for any regular biennial or special school election in the amount of $2,500; and Sets aggregate limits on contributions to candidates for school district director from small donor committees for any regular biennial or special school election in the amount of $25,000. The act requires that these aggregate contribution limits be periodically adjusted for inflation consistent with other contribution limits. The new contribution limits are subject to existing statutory provisions governing the disclosure of campaign contributions. The act contains requirements governing when a candidate for school district director is required to disclose information concerning campaign contributions and clarifies that such candidates are required to file their disclosure with the secretary of state. The act applies to the portion of any election cycle or for the portion of the calendar year remaining after July 1, 2022, and for any election cycle or calendar year commencing after said date. For the 2022-23 state fiscal year, the act appropriates $7,500 to the department of state for hardware/software maintenance required for the act's implementation. (Note: This summary applies to this bill as enacted.)
The act changes the effective date for the department of early childhood (department) from July 1, 2022, to March 1, 2022. The act transfers $3,500,000 from the general fund to the information technology capital account in the capital construction fund, effective April 1, 2022. For the 2021-22 state fiscal year, the act appropriates $3,500,000 from the information technology capital account in the capital construction fund to the department for data system capital construction costs and $326,413 from the general fund to the department for use by the executive director's office. (Note: This summary applies to this bill as enacted.)