Colorado 2022 Regular Session

Colorado House Bill HB1152 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0239.01 Yelana Love x2295
8	8	HOUSE BILL 22-1152
9	9	House Committees Senate Committees
10	10	Business Affairs & Labor
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING LIMITATIONS ON THE ABILITY OF AN EMPLOYER TO TAKE101
14	14	AN ADVERSE ACTION AGAINST AN EMPLOYEE BASED ON THE102
15	15	EMPLOYEE'S USE OF MARIJUANA.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	The bill prohibits an employer from taking adverse action against
24	24	an employee, including an applicant for employment, who engages in the
25	25	use of:
26	26	! Medical marijuana on the premises of the employer during
27	27	working hours; or
28	28	HOUSE SPONSORSHIP
29	29	Hooton and Titone,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. ! Retail or medical marijuana off the premises of the
35	35	employer during nonworking hours.
36	36	An employer is permitted to impose restrictions on employee use
37	37	of medical or retail marijuana under specified circumstances.
38	38	Be it enacted by the General Assembly of the State of Colorado:1
39	39	SECTION 1. In Colorado Revised Statutes, add 8-2-131 as2
40	40	follows:3
41	41	8-2-131. Employer prohibited from taking adverse actions4
42	42	against an employee or applicant based on marijuana use -5
43	43	exceptions. (1) E
44	44	XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION,6
45	45	AN EMPLOYER SHALL NOT TAKE ADVERSE ACTION AGAINST AN EMPLOYEE7
46	46	BECAUSE THE EMPLOYEE ENGAGES IN THE USE OF :8
47	47	(a) M
48	48	EDICAL MARIJUANA ON THE PREMISES OF THE EMPLOYER9
49	49	DURING WORKING HOURS ; OR10
50	50	(b) M
51	51	EDICAL OR RETAIL MARIJUANA OFF THE PREMISES OF THE11
52	52	EMPLOYER DURING NONWORKING HOURS .12
53	53	(2) A
54	54	N EMPLOYER MAY IMPOSE A RESTRICTION ON THE USE OF13
55	55	MEDICAL OR RETAIL MARIJUANA IF THE RESTRICTION :14
56	56	(a) R
57	57	ELATES TO A BONA FIDE OCCUPATIONAL REQUIREMENT OR IS15
58	58	REASONABLY AND RATIONALLY RELATED TO THE EMPLOYMENT ACTIVITIES16
59	59	AND RESPONSIBILITIES OF A PARTICULAR EMPLOYEE OR A PARTICULAR17
60	60	GROUP OF EMPLOYEES , RATHER THAN TO THE OCCUPATIONAL18
61	61	REQUIREMENTS OR EMPLOYMENT ACTIVITIES OF ALL EMPLOYEES OF THE19
62	62	EMPLOYER; OR20
63	63	(b) I
64	64	S NECESSARY TO AVOID A CONFLICT OF INTEREST WITH ANY21
65	65	RESPONSIBILITIES TO THE EMPLOYER OR THE APPEARANCE OF SUCH A22
66	66	CONFLICT OF INTEREST.23
67	67	HB22-1152-2- (3) AS USED IN THIS SECTION:1
68	68	(a) "A
69	69	DVERSE ACTION" MEANS:2
70	70	(I) T
71	71	O REFUSE TO HIRE, TO DISCHARGE, TO REFUSE TO PROMOTE,3
72	72	TO DEMOTE, TO HARASS DURING THE COURSE OF EMPLOYMENT , OR TO4
73	73	DISCRIMINATE IN MATTERS OF COMPENSATION , TERMS, CONDITIONS, OR5
74	74	PRIVILEGES OF EMPLOYMENT AGAINST AN EMPLOYEE ; OR6
75	75	(II) A
76	76	NY OTHER EMPLOYMENT DECISION OR TREATMENT THAT7
77	77	ADVERSELY AFFECTS AN EMPLOYEE .8
78	78	(b) "E
79	79	MPLOYEE" MEANS A PERSON WHO MAY BE PERMITTED ,9
80	80	REQUIRED, OR DIRECTED BY ANY EMPLOYER, IN CONSIDERATION OF DIRECT10
81	81	OR INDIRECT GAIN OR PROFIT, TO ENGAGE IN ANY EMPLOYMENT AND11
82	82	INCLUDES AN APPLICANT FOR EMPLOYMENT .12
83	83	(c) (I) "E
84	84	MPLOYER" MEANS A PERSON TRANSACTING BUSINESS IN13
85	85	C
86	86	OLORADO THAT, AT ANY TIME, EMPLOYS ANOTHER PERSON TO PERFORM14
87	87	SERVICES OF ANY NATURE AND THAT HAS CONTROL OF THE PAYMENT OF15
88	88	WAGES FOR SUCH SERVICES OR IS THE OFFICER, AGENT, OR EMPLOYEE OF16
89	89	THE PERSON HAVING CONTROL OF THE PAYMENT OF WAGES .17
90	90	(II) "E
91	91	MPLOYER" INCLUDES THE STATE OR A LOCAL GOVERNMENT .18
92	92	(d) "M
93	93	EDICAL MARIJUANA" HAS THE SAME MEANING AS SET FORTH19
94	94	IN SECTION 44-10-103 (34).20
95	95	(e) "R
96	96	ETAIL MARIJUANA" HAS THE SAME MEANING AS SET FORTH21
97	97	IN SECTION 44-10-103 (57).22
98	98	SECTION 2. Act subject to petition - effective date -23
99	99	applicability. (1) This act takes effect at 12:01 a.m. on the day following24
100	100	the expiration of the ninety-day period after final adjournment of the25
101	101	general assembly; except that, if a referendum petition is filed pursuant26
102	102	to section 1 (3) of article V of the state constitution against this act or an27
103	103	HB22-1152
104	104	-3- item, section, or part of this act within such period, then the act, item,1
105	105	section, or part will not take effect unless approved by the people at the2
106	106	general election to be held in November 2022 and, in such case, will take3
107	107	effect on the date of the official declaration of the vote thereon by the4
108	108	governor.5
109	109	(2) This act applies to conduct occurring on or after the applicable6
110	110	effective date of this act.7
111	111	HB22-1152
112	112	-4-