As bills affecting Colorado employers are introduced, the Colorado Chamber Labor and Employment Council, Tech Alliance, and Legal Reform Alliance hit the ground running this week, taking positions on 7 new bills introduced in the state legislature.
The Labor and Employment Council was joined by representatives from the Colorado Department of Labor and Employment including Joe Barela, Executive Director; Cher Haavind, Deputy Director; Tracy Marshall, Division Director, FAMLI; and Manny Santiseven, Director of Government Affairs and Policy. The guest speakers shared their legislative priorities for the session and updated members on new initiatives from the department. Key legislation from the department included FAMLI enforcement enhancements, Talent Pipeline Report requirements, and a modernization of the workers compensation system.
The Colorado Chamber took positions on the following bills:
Labor & Employment Council Positions
HB 1005: Oppose
This legislation overturns longstanding provisions of the state’s Labor Peace Act by eliminating the requirement for a second election to approve mandating union fees and includes additional language requiring good faith bargaining. Currently, Colorado law requires a secondary vote of 75% to approve deductions of union fees from employee’s paycheck. The Chamber is opposed to the bill to protect employee autonomy and attract top businesses to the state.
HB 1054: Oppose
This proposal creates a state-level enforcement process for violations of both federal Occupational Safety and Hazard Administration (OSHA) and state workplace health and safety standards and authorizes enforcement methods. A health and safety violation can be reported by an affected individual, whistleblower, labor organization, the attorney general or the Division of Labor Standards and Statistics. The Chamber is opposed to this bill because it creates a duplicative and overcomplicated system for employers while creating additional liability for Colorado businesses.
Legal Reform Alliance Positions:
HB 1012: Oppose
This bill requires a delivery service to provide a comparison between the prices of goods when delivered and the price of goods when purchased in-store. The second part of the bill prohibits a business from charging increased prices at a location where consumers do not have other purchasing options. Examples of these locations include airports, hospitals, large event venues, festivals and correctional facilities. The Legal Reform Alliance voted to oppose the bill due to the pricing complications, and cost burden for businesses, and the creation of additional liability.
HB 1017: Amend
The bill changes the definition of a “victim” in the criminal restitution process. Current law includes an insurer as a “victim” and allows an insurer to pursue criminal action. HB 1017 would exclude insurers from this definition and instead only allow insurers to file civil action against an offender to recover losses. The Chamber took an “amend” position to clarify the intent of the bill.
Technology Alliance Positions:
HB 1012: Oppose
This bill requires a person selling goods for delivery to disclose a comparison of the total price for the delivered goods and the total price for the goods available for purchase on site at a store. The bill also prohibits a person from charging unreasonably excessive prices to a captive consumer who is defined as a consumer at a location at which a seller of ancillary goods or services does not have competitors. The Tech Alliance took an “oppose” position due to the overreaching nature of the bill.
HB 1030: Amend
This proposal creates the Data Center Development and Incentive Program under the Colorado Data Center Development Authority to incentivize efficient data center development. The program allows a 100% state sales and use tax exemption on qualified purchases to the operator of a certified data center. The Alliance took an “amend” position to clarify language surrounding the requirements for a data center to become certified to receive the incentives laid out in the program.
HB 1043: Amend
The bill removes the requirement that a transportation network company (TNC) must first have written notice of a TNC driver’s violation of discrimination prohibitions against a rider before the public utilities commission may assess a civil penalty against the TNC. The bill also increases the maximum civil penalty amount to $5,000. The Alliance has concerns regarding liability for the driver’s actions falling solely on the TNC and would like the language within the bill amended.
HB 1058: Amend
The legislation creates new requirements surrounding minors who are featured in compensated online content including requirements surrounding proof of age, allocating a portion of gross earnings into a trust account for the minor and prohibiting a person from financially benefiting from online content of a minor with the intent to elicit a sexual response in the viewer. The Alliance would like to clarify certain language surrounding definitions within the bill and therefore took an “amend” position.