Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0937.01 Richard Sweetman x4333
HOUSE BILL 22-1308
House Committees Senate Committees
Agriculture, Livestock, & Water Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO AGRICULTURAL101
WORKFORCE SERVICES PROGRAM IN THE DEPARTMENT OF102
AGRICULTURE TO PROVIDE RESOURCES SPECIFIC TO103
AGRICULTURAL
EMPLOYMENT , AND, IN CONNECTION104
THEREWITH, MAKING AN APPROPRIATION .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the Colorado agricultural workforce services
program (program) in the department of agriculture (department) and
SENATE
Amended 2nd Reading
May 6, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
McCormick, Amabile, Bacon, Bernett, Herod, Hooton, Lindsay, Lontine, McCluskie,
McLachlan, Michaelson Jenet, Ricks, Titone, Young
SENATE SPONSORSHIP
Donovan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. requires the department to create and maintain an online resource portal
for agricultural employees and employers.
The bill also creates the Colorado agricultural workplace
improvement grant program (grant program) and requires the department
to administer the grant program and, subject to available appropriations,
award grants. The department may determine minimum eligibility
requirements for grant recipients; however, the department may award
grants only:
! To entities that provide services to Colorado agricultural
employers or agricultural employees; and
! For the purpose of facilitating labor law compliance,
improving workplaces, and providing education to
agricultural employees to help them understand their legal
rights.
On or before January 1, 2023, and on or before January 1 each year
thereafter, the department shall submit to the agriculture, livestock, and
water committee of the house of representatives and the agriculture and
natural resources committee of the senate a report concerning the
operations of the program, including the grant program.
For the 2022-23 state fiscal year, the general assembly must
appropriate $500,000 from the general fund to the department to
implement the program, including the grant program. Any unused money
does not revert to the general fund but is continuously appropriated to the
department.
The grant program is repealed, effective January 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds that:3
(a) Agriculture is one of the largest and most significant economic4
sectors in Colorado;5
(b) Agricultural employers and agricultural employees have the6
right to safe, dignified working conditions, and their economic needs are7
interdependent;8
(c) Farms and ranches must be economically viable in order to9
offer competitive wages for their employees and spread economic success10
within their communities and to the next generation; and11
1308-2- (d) Agricultural employees should expect fair wages that can lead1
to healthy, safe, and prosperous lives.2
(2) The general assembly therefore declares that the state should3
establish a multilingual online resource portal to offer services, technical4
assistance, training, and educational resources for agricultural employers5
and agricultural employees in order to:6
(a) Improve working conditions;7
(b) Ensure compliance with, and implementation of, state and8
federal labor laws, including newly enacted labor laws and regulations;9
and10
(c) Allow agricultural employees to gain an understanding of the11
rights they are afforded.12
13
SECTION 2. In Colorado Revised Statutes, add 35-1-104.7 as14
follows:15
35-1-104.7. Colorado agricultural workforce services program16
- online resource portal - definitions. (1) T
HE COLORADO
17
AGRICULTURAL WORKFORCE SERVICES PROGRAM IS CREATED IN THE18
DEPARTMENT. THE PROGRAM INCLUDES THE ONLINE RESOURCE PORTAL19
DESCRIBED IN SUBSECTION (3) OF THIS SECTION.20
(2) T
HE DEPARTMENT SHALL ADMINISTER THE PROGRAM IN
21
ACCORDANCE WITH THIS SECTION .22
(3) (a) A
S PART OF THE PROGRAM , THE DEPARTMENT MAY
23
ESTABLISH ON ITS OFFICIAL WEBSITE A PUBLICLY AVAILABLE PAGE THAT24
INCLUDES A PORTAL TO RESOURCES FOR USE BY AGRICULTURAL25
EMPLOYEES AND AGRICULTURAL EMPLOYERS . THE DEPARTMENT SHALL26
ENSURE THAT THE RESOURCES OF THE PORTAL ARE AVAILABLE IN BOTH27
1308
-3- ENGLISH AND SPANISH.1
(b) F
OR THE PURPOSES OF THE ONLINE PORTAL DESCRIBED IN THIS2
SUBSECTION (3), THE DEPARTMENT MAY
CURATE VIDEO MODULES AND3
OTHER RESOURCES TO HELP AGRICULTURAL EMPLOYERS COMPLY WITH4
LABOR LAWS, INCLUDING THE SECTIONS SPECIFIED IN SUBSECTION5
(3)(d)(II)
OF THIS SECTION, AND HELP AGRICULTURAL EMPLOYEES6
UNDERSTAND THE RIGHTS THEY ARE AFFORDED , INCLUDING LINKS TO7
RELEVANT STATE AGENCIES AND NONGOVERNMENTAL ORGANIZATIONS .8
(c) T
HE DEPARTMENT MAY INCLUDE IN THE ONLINE PORTAL9
INFORMATION AND RESOURCES CONCERNING :10
(I) A
GRICULTURAL EMPLOYEE SAFETY AND WORKING CONDITIONS ;11
(II) A
GRICULTURAL EMPLOYEE LABOR RIGHTS ;12
(III) M
ENTAL HEALTH;13
(IV) A
GRICULTURAL EMPLOYERS ' LABOR REQUIREMENTS; AND14
(V) O
THER RESOURCES FOR AGRICULTURAL EMPLOYEES OR15
AGRICULTURAL EMPLOYERS .16
(d) T
HE DEPARTMENT SHALL INCLUDE IN THE ONLINE PORTAL17
INFORMATION REGARDING :18
(I) A
WAGE AND HOUR CALCULATOR ; AND19
(II) T
HE REQUIREMENTS OF SECTIONS 8-6-101.5, 8-6-120,20
8-13.5-202,
8-13.5-203, AND 8-14.4-109.21
(e) IN ESTABLISHING AND MAINTAINING THE ONLINE PORTAL22
DESCRIBED IN THIS SUBSECTION (3), THE DEPARTMENT MAY CONSULT WITH23
THE COLORADO COOPERATIVE EXTENSION SERVICE DESCRIBED IN PART 724
OF ARTICLE 31 OF TITLE 23.25
26
(4) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL27
1308
-4- ASSEMBLY SHALL APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM1
THE GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT THE ONLINE2
RESOURCE PORTAL DESCRIBED IN SUBSECTION (3) OF THIS SECTION. ANY3
UNUSED MONEY DOES NOT REVERT TO THE GENERAL FUND BUT IS4
CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT .5
(b) T
HE DEPARTMENT IS AUTHORIZED TO SEEK , SOLICIT, ACCEPT,6
AND EXPEND GIFTS, GRANTS, AND DONATIONS FOR THE PURPOSES OF THIS7
SECTION.8
(5)
AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
REQUIRES:10
(a) "A
GRICULTURAL EMPLOYEE " HAS THE MEANING SET FORTH IN11
SECTION 8-2-206 (1)(b).12
(b) "A
GRICULTURAL EMPLOYER " HAS THE MEANING SET FORTH IN13
SECTION 8-3-104 (1).14
15
(c) "PROGRAM" MEANS THE COLORADO AGRICULTURAL16
WORKFORCE SERVICES PROGRAM CREATED IN SUBSECTION (1) OF THIS17
SECTION.18
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal19
year, $100,000 is appropriated to the department of agriculture. This20
appropriation is from the general fund. To implement this act, the21
department may use this appropriation as follows:22
(a) $29,086 for use by the commissioners office and23
administrative services for personal services, which amount is based on24
an assumption that the office will require an additional 0.4 FTE; and25
(b) $70,914 for use by the agricultural markets division for the26
agriculture workforce development program.27
1308
-5- (2) For the 2022-23 state fiscal year, $42,859 is appropriated to1
the department of labor and employment for use by the division of labor2
standards and statistics. This appropriation is from the general fund and3
is based on an assumption that the division will require an additional 0.54
FTE. To implement this act, the division may use this appropriation for5
program costs related to labor standards.6
SECTION 4. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2022 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
1308
-6-