Colorado 2022 Regular Session

Colorado House Bill HB1308 Compare Versions

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Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0937.01 Richard Sweetman x4333
1	8		HOUSE BILL 22-1308
2		-	BY REPRESENTATIVE(S) McCormick, Amabile, Bacon, Bernett, Herod,
3		-	Hooton, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet,
4		-	Ricks, Titone, Young, Kipp, Woodrow;
5		-	also SENATOR(S) Donovan, Fields, Hinrichsen, Jaquez Lewis, Pettersen,
6		-	Rankin, Simpson, Story, Winter.
	9	+	House Committees Senate Committees
	10	+	Agriculture, Livestock, & Water Appropriations
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING THE CREATION OF THE COLORADO AGRICULTURAL
9		-	WORKFORCE SERVICES PROGRAM IN THE DEPARTMENT OF
10		-	AGRICULTURE TO PROVIDE RESOURCES SPECIFIC TO AGRICULTURAL
11		-	EMPLOYMENT
12		-	, AND, IN CONNECTION THEREWITH , MAKING AN
13		-	APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	hereby finds that:
19		-	(a) Agriculture is one of the largest and most significant economic
20		-	sectors in Colorado;
21		-	(b) Agricultural employers and agricultural employees have the right
22		-	to safe, dignified working conditions, and their economic needs are
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. interdependent;
31		-	(c) Farms and ranches must be economically viable in order to offer
32		-	competitive wages for their employees and spread economic success within
33		-	their communities and to the next generation; and
34		-	(d) Agricultural employees should expect fair wages that can lead
35		-	to healthy, safe, and prosperous lives.
36		-	(2) The general assembly therefore declares that the state should
37		-	establish a multilingual online resource portal to offer services, technical
38		-	assistance, training, and educational resources for agricultural employers
39		-	and agricultural employees in order to:
40		-	(a) Improve working conditions;
41		-	(b) Ensure compliance with, and implementation of, state and
42		-	federal labor laws, including newly enacted labor laws and regulations; and
43		-	(c) Allow agricultural employees to gain an understanding of the
44		-	rights they are afforded.
45		-	SECTION 2. In Colorado Revised Statutes, add 35-1-104.7 as
46		-	follows:
47		-	35-1-104.7. Colorado agricultural workforce services program
	14	+	ONCERNING THE CREATION OF THE COLORADO AGRICULTURAL101
	15	+	WORKFORCE SERVICES PROGRAM IN THE DEPARTMENT OF102
	16	+	AGRICULTURE TO PROVIDE RESOURCES SPECIFIC TO103
	17	+	AGRICULTURAL
	18	+	EMPLOYMENT , AND, IN CONNECTION104
	19	+	THEREWITH, MAKING AN APPROPRIATION .105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill creates the Colorado agricultural workforce services
	28	+	program (program) in the department of agriculture (department) and
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 9, 2022
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 6, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	May 2, 2022
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 29, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	McCormick, Amabile, Bacon, Bernett, Herod, Hooton, Lindsay, Lontine, McCluskie,
	43	+	McLachlan, Michaelson Jenet, Ricks, Titone, Young
	44	+	SENATE SPONSORSHIP
	45	+	Donovan, Fields, Hinrichsen, Jaquez Lewis, Pettersen, Rankin, Simpson, Story, Winter
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	48	+	Dashes through the words indicate deletions from existing statute. requires the department to create and maintain an online resource portal
	49	+	for agricultural employees and employers.
	50	+	The bill also creates the Colorado agricultural workplace
	51	+	improvement grant program (grant program) and requires the department
	52	+	to administer the grant program and, subject to available appropriations,
	53	+	award grants. The department may determine minimum eligibility
	54	+	requirements for grant recipients; however, the department may award
	55	+	grants only:
	56	+	! To entities that provide services to Colorado agricultural
	57	+	employers or agricultural employees; and
	58	+	! For the purpose of facilitating labor law compliance,
	59	+	improving workplaces, and providing education to
	60	+	agricultural employees to help them understand their legal
	61	+	rights.
	62	+	On or before January 1, 2023, and on or before January 1 each year
	63	+	thereafter, the department shall submit to the agriculture, livestock, and
	64	+	water committee of the house of representatives and the agriculture and
	65	+	natural resources committee of the senate a report concerning the
	66	+	operations of the program, including the grant program.
	67	+	For the 2022-23 state fiscal year, the general assembly must
	68	+	appropriate $500,000 from the general fund to the department to
	69	+	implement the program, including the grant program. Any unused money
	70	+	does not revert to the general fund but is continuously appropriated to the
	71	+	department.
	72	+	The grant program is repealed, effective January 1, 2026.
	73	+	Be it enacted by the General Assembly of the State of Colorado:1
	74	+	SECTION 1. Legislative declaration. (1) The general assembly2
	75	+	hereby finds that:3
	76	+	(a) Agriculture is one of the largest and most significant economic4
	77	+	sectors in Colorado;5
	78	+	(b) Agricultural employers and agricultural employees have the6
	79	+	right to safe, dignified working conditions, and their economic needs are7
	80	+	interdependent;8
	81	+	(c) Farms and ranches must be economically viable in order to9
	82	+	offer competitive wages for their employees and spread economic success10
	83	+	within their communities and to the next generation; and11
	84	+	1308-2- (d) Agricultural employees should expect fair wages that can lead1
	85	+	to healthy, safe, and prosperous lives.2
	86	+	(2) The general assembly therefore declares that the state should3
	87	+	establish a multilingual online resource portal to offer services, technical4
	88	+	assistance, training, and educational resources for agricultural employers5
	89	+	and agricultural employees in order to:6
	90	+	(a) Improve working conditions;7
	91	+	(b) Ensure compliance with, and implementation of, state and8
	92	+	federal labor laws, including newly enacted labor laws and regulations;9
	93	+	and10
	94	+	(c) Allow agricultural employees to gain an understanding of the11
	95	+	rights they are afforded.12
	96	+	13
	97	+	SECTION 2. In Colorado Revised Statutes, add 35-1-104.7 as14
	98	+	follows:15
	99	+	35-1-104.7. Colorado agricultural workforce services program16
48	100		- online resource portal - definitions. (1) T
49		-	HE COLORADO AGRICULTURAL
50		-	WORKFORCE SERVICES PROGRAM IS CREATED IN THE DEPARTMENT
51		-	. THE
52		-	PROGRAM INCLUDES THE ONLINE RESOURCE PORTAL DESCRIBED IN
53		-	SUBSECTION
54		-	(3) OF THIS SECTION.
	101	+	HE COLORADO
	102	+	17
	103	+	AGRICULTURAL WORKFORCE SERVICES PROGRAM IS CREATED IN THE18
	104	+	DEPARTMENT. THE PROGRAM INCLUDES THE ONLINE RESOURCE PORTAL19
	105	+	DESCRIBED IN SUBSECTION (3) OF THIS SECTION.20
55	106		(2) T
56	107		HE DEPARTMENT SHALL ADMINISTER THE PROGRAM IN
57		-	~~ACCORDANCE WITH THIS SECTION~~
58		-	.
	108	+	21
	109	+	ACCORDANCE WITH THIS SECTION .22
59	110		(3) (a) A
60		-	S PART OF THE PROGRAM, THE DEPARTMENT MAY ~~ESTABLISH~~
61		-	~~ON ITS OFFICIAL WEBSITE A PUBLICLY AVAILABLE PAGE THAT INCLUDES A~~
62		-	~~PORTAL TO RESOURCES FOR USE BY AGRICULTURAL EMPLOYEES AND~~
63		-	~~AGRICULTURAL EMPLOYERS~~
64		-	. THE DEPARTMENT ~~SHALL ENSURE THAT THE~~
65		-	RESOURCES OF THE PORTAL ARE AVAILABLE IN ~~BOTH~~
66		-	~~ENGLISH AND SPANISH.~~
67		-	~~PAGE 2-HOUSE~~ ~~BILL 22-1308 (b) FOR THE PURPOSES OF THE ONLINE PORTAL DESCRIBED IN THIS~~
68		-	~~SUBSECTION~~
69		-	~~(3),~~ THE ~~DEPARTMENT MAY CURATE VIDEO MODULES AND~~
70		-	~~OTHER RESOURCES TO HELP AGRICULTURAL EMPLOYERS COMPLY WITH~~
71		-	~~LABOR LAWS~~
72		-	~~, INCLUDING THE SECTIONS SPECIFIED IN SUBSECTION (3)(d)(II)~~
73		-	~~OF THIS SECTION~~, ~~AND HELP AGRICULTURAL EMPLOYEES UNDERSTAND~~ THE
74		-	~~RIGHTS THEY ARE AFFORDED~~
75		-	, ~~INCLUDING LINKS TO RELEVANT STATE~~
76		-	~~AGENCIES AND NONGOVERNMENTAL ORGANIZATIONS~~
77		-	.
	111	+	S PART OF THE PROGRAM , THE DEPARTMENT MAY
	112	+	23
	113	+	ESTABLISH ON ITS OFFICIAL WEBSITE A PUBLICLY AVAILABLE PAGE THAT24
	114	+	INCLUDES A PORTAL TO RESOURCES FOR USE BY AGRICULTURAL25
	115	+	EMPLOYEES AND AGRICULTURAL EMPLOYERS . THE DEPARTMENT SHALL26
	116	+	ENSURE THAT THE RESOURCES OF THE PORTAL ARE AVAILABLE IN BOTH27
	117	+	1308
	118	+	-3- ENGLISH AND SPANISH.1
	119	+	(b) F
	120	+	OR THE PURPOSES OF THE ONLINE PORTAL DESCRIBED IN THIS2
	121	+	SUBSECTION (3), THE DEPARTMENT MAY
	122	+	CURATE VIDEO MODULES AND3
	123	+	OTHER RESOURCES TO HELP AGRICULTURAL EMPLOYERS COMPLY WITH4
	124	+	LABOR LAWS, INCLUDING THE SECTIONS SPECIFIED IN SUBSECTION5
	125	+	(3)(d)(II)
	126	+	OF THIS SECTION, AND HELP AGRICULTURAL EMPLOYEES6
	127	+	UNDERSTAND THE RIGHTS THEY ARE AFFORDED , INCLUDING LINKS TO7
	128	+	RELEVANT STATE AGENCIES AND NONGOVERNMENTAL ORGANIZATIONS .8
78	129		(c) T
79		-	HE DEPARTMENT MAY INCLUDE IN THE ONLINE PORTAL
80		-	INFORMATION AND RESOURCES CONCERNING
81		-	:
	130	+	HE DEPARTMENT MAY INCLUDE IN THE ONLINE PORTAL9
	131	+	INFORMATION AND RESOURCES CONCERNING :10
82	132		(I) A
83		-	GRICULTURAL EMPLOYEE SAFETY AND WORKING CONDITIONS ;
	133	+	GRICULTURAL EMPLOYEE SAFETY AND WORKING CONDITIONS ;11
84	134		(II) A
85		-	GRICULTURAL EMPLOYEE LABOR RIGHTS ;
	135	+	GRICULTURAL EMPLOYEE LABOR RIGHTS ;12
86	136		(III) M
87		-	ENTAL HEALTH;
	137	+	ENTAL HEALTH;13
88	138		(IV) A
89		-	GRICULTURAL EMPLOYERS ' LABOR REQUIREMENTS; ~~AND~~
90		-	(V) ~~OTHER RESOURCES FOR AGRICULTURAL EMPLOYEES OR~~
91		-	AGRICULTURAL ~~EMPLOYERS~~
92		-	.
	139	+	GRICULTURAL EMPLOYERS ' LABOR REQUIREMENTS; AND14
	140	+	(V) O
	141	+	THER RESOURCES FOR AGRICULTURAL EMPLOYEES OR15
	142	+	AGRICULTURAL EMPLOYERS .16
93	143		(d) T
94		-	HE DEPARTMENT SHALL INCLUDE IN THE ONLINE PORTAL
95		-	INFORMATION REGARDING
96		-	:
	144	+	HE DEPARTMENT SHALL INCLUDE IN THE ONLINE PORTAL17
	145	+	INFORMATION REGARDING :18
97	146		(I) A
98		-	WAGE AND HOUR CALCULATOR ; AND
99		-	(II) THE REQUIREMENTS OF SECTIONS 8-6-101.5, 8-6-120,
	147	+	WAGE AND HOUR CALCULATOR ; AND19
	148	+	(II) T
	149	+	HE REQUIREMENTS OF SECTIONS 8-6-101.5, 8-6-120,20
100	150		8-13.5-202,
101		-	8-13.5-203, AND 8-14.4-109.
102		-	(e) I
103		-	N ESTABLISHING AND MAINTAINING THE ONLINE PORTAL
104		-	DESCRIBED IN THIS SUBSECTION
105		-	(3), THE DEPARTMENT MAY CONSULT WITH
106		-	THE
107		-	COLORADO COOPERATIVE EXTENSION SERVICE DESCRIBED IN PART 7 OF
108		-	ARTICLE
109		-	31 OF TITLE 23.
110		-	(4) (a) F
111		-	OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
112		-	ASSEMBLY SHALL APPROPRIATE ONE HUNDRED T HOUSAND DOLLARS FROM
113		-	THE GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT THE ONLINE
114		-	RESOURCE PORTAL DESCRIBED IN SUBSECTION
115		-	(3) OF THIS SECTION. ANY
116		-	UNUSED MONEY DOES NOT REVERT TO THE GENERAL F UND BUT IS
117		-	PAGE 3-HOUSE BILL 22-1308 CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT .
	151	+	8-13.5-203, AND 8-14.4-109.21
	152	+	(e) IN ESTABLISHING AND MAINTAINING THE ONLINE PORTAL22
	153	+	DESCRIBED IN THIS SUBSECTION (3), THE DEPARTMENT MAY CONSULT WITH23
	154	+	THE COLORADO COOPERATIVE EXTENSION SERVICE DESCRIBED IN PART 724
	155	+	OF ARTICLE 31 OF TITLE 23.25
	156	+	26
	157	+	(4) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL27
	158	+	1308
	159	+	-4- ASSEMBLY SHALL APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM1
	160	+	THE GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT THE ONLINE2
	161	+	RESOURCE PORTAL DESCRIBED IN SUBSECTION (3) OF THIS SECTION. ANY3
	162	+	UNUSED MONEY DOES NOT REVERT TO THE GENERAL FUND BUT IS4
	163	+	CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT .5
118	164		(b) T
119		-	HE DEPARTMENT IS AUTHORIZED TO SEEK, SOLICIT, ACCEPT, AND
120		-	EXPEND GIFTS
121		-	, GRANTS, AND DONATIONS FOR THE PURPOSES OF THIS
122		-	SECTION
123		-	.
124		-	(5) A
125		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
126		-	REQUIRES
127		-	:
	165	+	HE DEPARTMENT IS AUTHORIZED TO SEEK , SOLICIT, ACCEPT,6
	166	+	AND EXPEND GIFTS, GRANTS, AND DONATIONS FOR THE PURPOSES OF THIS7
	167	+	SECTION.8
	168	+	(5)
	169	+	AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
	170	+	REQUIRES:10
128	171		(a) "A
129		-	GRICULTURAL EMPLOYEE " HAS THE MEANING SET FORTH IN
130		-	SECTION
131		-	8-2-206 (1)(b).
	172	+	GRICULTURAL EMPLOYEE " HAS THE MEANING SET FORTH IN11
	173	+	SECTION 8-2-206 (1)(b).12
132	174		(b) "A
133		-	GRICULTURAL EMPLOYER " HAS THE MEANING SET FORTH IN
134		-	SECTION
135		-	8-3-104 (1).
136		-	(c) "P
137		-	ROGRAM" MEANS THE COLORADO AGRICULTURAL WORKFORCE
138		-	SERVICES PROGRAM CREATED IN SUBSECTION
139		-	(1) OF THIS SECTION.
140		-	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
141		-	$100,000 is appropriated to the department of agriculture. This
142		-	appropriation is from the general fund. To implement this act, the
143		-	department may use this appropriation as follows:
144		-	(a) $29,086 for use by the commissioner's office and administrative
145		-	services for personal services, which amount is based on an assumption that
146		-	the office will require an additional 0.4 FTE; and
147		-	(b) $70,914 for use by the agricultural markets division for the
148		-	agriculture workforce development program.
149		-	(2) For the 2022-23 state fiscal year, $42,859 is appropriated to the
150		-	department of labor and employment for use by the division of labor
151		-	standards and statistics. This appropriation is from the general fund and is
152		-	based on an assumption that the division will require an additional 0.5 FTE.
153		-	To implement this act, the division may use this appropriation for program
154		-	costs related to labor standards.
155		-	SECTION 4. Act subject to petition - effective date. This act
156		-	takes effect at 12:01 a.m. on the day following the expiration of the
157		-	ninety-day period after final adjournment of the general assembly; except
158		-	PAGE 4-HOUSE BILL 22-1308 that, if a referendum petition is filed pursuant to section 1 (3) of article V
159		-	of the state constitution against this act or an item, section, or part of this act
160		-	within such period, then the act, item, section, or part will not take effect
161		-	unless approved by the people at the general election to be held in
162		-	November 2022 and, in such case, will take effect on the date of the official
163		-	declaration of the vote thereon by the governor.
164		-	____________________________ ____________________________
165		-	Alec Garnett Steve Fenberg
166		-	SPEAKER OF THE HOUSE PRESIDENT OF
167		-	OF REPRESENTATIVES THE SENATE
168		-	____________________________ ____________________________
169		-	Robin Jones Cindi L. Markwell
170		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
171		-	OF REPRESENTATIVES THE SENATE
172		-	APPROVED________________________________________
173		-	(Date and Time)
174		-	_________________________________________
175		-	Jared S. Polis
176		-	GOVERNOR OF THE STATE OF COLORADO
177		-	PAGE 5-HOUSE BILL 22-1308
	175	+	GRICULTURAL EMPLOYER " HAS THE MEANING SET FORTH IN13
	176	+	SECTION 8-3-104 (1).14
	177	+
	178	+	15
	179	+	(c) "PROGRAM" MEANS THE COLORADO AGRICULTURAL16
	180	+	WORKFORCE SERVICES PROGRAM CREATED IN SUBSECTION (1) OF THIS17
	181	+	SECTION.18
	182	+	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal19
	183	+	year, $100,000 is appropriated to the department of agriculture. This20
	184	+	appropriation is from the general fund. To implement this act, the21
	185	+	department may use this appropriation as follows:22
	186	+	(a) $29,086 for use by the commissioners office and23
	187	+	administrative services for personal services, which amount is based on24
	188	+	an assumption that the office will require an additional 0.4 FTE; and25
	189	+	(b) $70,914 for use by the agricultural markets division for the26
	190	+	agriculture workforce development program.27
	191	+	1308
	192	+	-5- (2) For the 2022-23 state fiscal year, $42,859 is appropriated to1
	193	+	the department of labor and employment for use by the division of labor2
	194	+	standards and statistics. This appropriation is from the general fund and3
	195	+	is based on an assumption that the division will require an additional 0.54
	196	+	FTE. To implement this act, the division may use this appropriation for5
	197	+	program costs related to labor standards.6
	198	+	SECTION 4. Act subject to petition - effective date. This act7
	199	+	takes effect at 12:01 a.m. on the day following the expiration of the8
	200	+	ninety-day period after final adjournment of the general assembly; except9
	201	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V10
	202	+	of the state constitution against this act or an item, section, or part of this11
	203	+	act within such period, then the act, item, section, or part will not take12
	204	+	effect unless approved by the people at the general election to be held in13
	205	+	November 2022 and, in such case, will take effect on the date of the14
	206	+	official declaration of the vote thereon by the governor.15
	207	+	1308
	208	+	-6-