In 2019, the general assembly created the Colorado state apprenticeship resource directory (directory), established by the department of labor and employment (department), that lists registered apprenticeship program sponsors that operate programs in Colorado. The act expands the information the department requires apprenticeship programs to submit to include the credits, certificates, or other credentials earned or prepared for through a program; program completion metrics; and wage-related information. The directory must also include information regarding each program's registration information and registered apprenticeship program standards. The act requires the department, in its efforts to promote awareness of the directory, to conduct annual outreach that includes providing technical assistance and resources to promote apprenticeship openings. APPROVED by Governor April 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Sponsored bills
Current law authorizes the general assembly to prescribe the conditions and manner under which a witness may be summoned to attend, to produce documents, or both, before a committee, or to either the house of representatives or senate. Joint rule 33 of the Colorado legislative joint rules of the senate and house outlines the current mechanism by which the general assembly exercises its investigatory authority and issues subpoenas. The bill authorizes the executive committee of the legislative council (executive committee) to create ad hoc investigatory committees and grants the executive committee the power to subpoena a witness, to take testimony under oath, and to assemble records, documents, and other evidence by subpoena duces tecum. The bill also requires the executive committee, if it decides not to issue a subpoena under its own discretion, to issue a subpoena if 30% or more of the voting members of an ad hoc investigatory committee, created by the executive committee, vote to require the executive committee to do so. The bill requires a subpoena issued by the executive committee to include: The name of the issuing body; The authority under which the subpoena is issued; The subject of the inquiry and a command to the person to whom it is issued to attend and give testimony at a time and place specified in the subpoena; or A command to the person to whom the subpoena is directed to produce books, records, documents, or other tangible evidence as the executive committee may require. The bill requires service of process to be made by a sheriff, the sheriff's deputy, or any other person who is at least 18 years of age and not interested in the proceeding. Service must be made by delivering a copy of the subpoena to the person named in the subpoena not later than 48 hours before the time specified for appearance in the subpoena unless, for good cause shown, a majority of the executive committee authorizes service within the 48-hour period. The bill allows any person subpoenaed by the executive committee to seek relief by providing the executive committee with a written statement indicating how such disclosure would be illegal or unduly oppressive or burdensome. The executive committee may consider any relief request but is not obligated to do so if it determines that the potential impact of the subpoena outweighs the burden imposed on the person subject to the subpoena. Any person who is issued a subpoena and is denied a request for relief by the executive committee may request that a district court in the county where the subpoena was served, the county of the residence of the witness or custodian served, or the city and county of Denver quash or limit the scope of the subpoena. The bill also permits any person who is subpoenaed by the executive committee to be represented by legal counsel. (Note: This summary applies to this bill as introduced.)
Current law does not expressly provide a school district or the state charter school institute (institute) with legal standing to bring lawsuits against rules, regulations, or final orders of the state board of education (state board) issued pursuant to the Colorado "Education Accountability Act of 2009" (act). The bill allows a school district or the institute to seek judicial review or file a civil action for declaratory relief against rules, regulations, or final orders of the state board issued pursuant to the act.(Note: This summary applies to this bill as introduced.)
Sections 1 and 5 of the act authorize the director of the division of professions and occupations (division) in the department of regulatory agencies to appoint or employ individuals who are licensed or, if not licensed, who demonstrate substantial work experience in the electrical, plumbing, or construction industry to: Conduct compliance checks to ensure compliance with licensing and supervisor-to-apprentice ratio requirements applicable to electricians and plumbers on projects throughout the state; and Prioritize for compliance checks projects that provide or will provide critical needs to state residents. The act also: Specifies that only a homeowner performing work on the homeowner's home or a licensed master electrician or plumber who is either a registered electrical or plumbing contractor or directly employed by a registered electrical or plumbing contractor may apply for an electrical or a plumbing permit (sections 2 and 6); Prohibits a licensed master electrician or plumber who is not a registered electrical or plumbing contractor and who is working as an independent contractor from applying for an electrical or a plumbing permit (sections 2 and 6) and makes a violation of this prohibition specific grounds for discipline by the electrical or plumbing board, as applicable (sections 3 and 4); Requires the entity issuing the permit to verify that the applicant meets the qualifications to apply for the permit (sections 2 and 6); and Requires inspecting entity procedures to include a provision allowing the inspecting entity to request worker documentation indicating compliance with worker license requirements and the supervisor-to-apprentice ratio (sections 2 and 6). Section 7 of the act appropriates $191,991 for the 2022-23 state fiscal year from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, allocated as follows: $127,110 for use by the division for personal services, including 2.0 additional FTE; $45,847 for the division's operating expenses; and $19,034 for the purchase of vehicle lease services, which amount is reappropriated to the department of personnel to provide vehicle replacement lease/purchase services.(Note: This summary applies to this bill as enacted.)
The act creates a United States Space Force license plate. To qualify for the license plate, a person must be a serving member or veteran of the United States Space Force. In addition to the normal fees for a license plate, a person must pay 2 one-time fees of $25 for the issuance of the plate. The fees are credited to the highway users tax fund and the licensing services cash fund, respectively. To implement the act, $23,278 is appropriated from the general fund and license plate cash fund to the department of revenue for use by the division of motor vehicles. Of the amount appropriated to the department of revenue, $2,426 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act requires the department of public safety (department) to improve the investigation of missing and murdered indigenous relative cases and address injustice in the criminal justice system's response to the cases of missing and murdered indigenous relative cases. The act lists specific duties for the department, including assisting with missing indigenous persons investigations and homicide cases involving indigenous victims; coordinating with federal, state, and local law enforcement agencies and with other states regarding missing or murdered indigenous persons cases; developing and facilitating training related to missing and murdered indigenous persons issues; and providing assistance to families of victims. The executive director of the department (executive director) may assign the duties to the department's divisions and offices, including the office of liaison for missing and murdered indigenous relatives created in the act. The department must publish on a public website information regarding missing and murdered indigenous persons. The act creates the office of liaison for missing and murdered indigenous relatives (office) in the department to serve as a liaison on behalf of the indigenous community on issues related to missing or murdered indigenous relatives and carry out duties assigned by the executive director. In carrying out its duties, the office is required to collaborate with the Colorado commission of Indian affairs; federally recognized tribes; state, local, and tribal law enforcement agencies; and indigenous-led organizations. A community volunteer advisory board (board) is established in the office to identify and advise the office on areas of concern regarding missing or murdered indigenous relatives and issues of collaborative efforts related to missing or murdered indigenous relatives. The executive director of the department appoints members to the board. The act requires peace officers to receive training concerning issues relating to missing or murdered indigenous persons. The peace officer standards and training board must work with the office to develop and facilitate the training. The act requires the Colorado bureau of investigation (bureau) to work with the office and federal, state, tribal, and local law enforcement agencies for the efficient investigation of missing or murdered indigenous persons. The bureau must operate a clearinghouse database on missing indigenous persons from Colorado and prepare an annual report on information about missing or murdered indigenous persons. The bureau is required to operate a missing indigenous person alert program. The act requires a law enforcement agency that receives a report of a missing indigenous person to notify the bureau within 8 hours of a report of a missing adult or within 2 hours of a report of a missing child. The act appropriates $497,250 to the department of public safety to implement the act, of which $15,982 is reappropriated to the department of personnel to provide fleet vehicles for the department of public safety. (Note: This summary applies to this bill as enacted.)
The act renames the area agency on aging grant program to the strategic investments in aging grant program (grant program). The grant program administers state assistance to finance projects across the state that are intended to assist and support older Coloradans. The act extends the grant program indefinitely to continue the support of projects that promote the health, equity, well-being, and security of older Coloradans across the state. The act renames the area agency on aging cash fund to the strategic investments in aging cash fund (fund). Money in the fund is continuously appropriated to the department of human services to fund programs and projects consistent with the grant program. (Note: This summary applies to this bill as enacted.)
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.)
The act provides a lessee, including a person with a disability, the right to request adaptive equipment in rental motor vehicles. The act also: Requires lessors of motor vehicles to provide lessees the option to request the a motor vehicle with adaptive equipment during online or in-person reservations; Requires lessors of motor vehicles to display certain information in any reservation or reservation confirmation that includes a request for a motor vehicle with adaptive equipment; Requires lessors of motor vehicles to fulfill reservations made by lessees for motor vehicles with adaptive equipment within a set period of time depending on where a lessee requests the delivery of the motor vehicle; and Provides civil remedies for lessees who are subject to a violation of the requirements of the act that occurs on or after July 1, 2025, or, if the violator is a small business, on or after July 1, 2026.(Note: This summary applies to this bill as enacted.)