Colorado 2023 Regular Session

Colorado House Bill HB1045 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0652.01 Conrad Imel x2313
1	8		HOUSE BILL 23-1045
2		-	BY REPRESENTATIVE(S) Evans, Marshall, Martinez, Armagost, Bacon,
3		-	Bird, Boesenecker, Bottoms, Bradfield, Bradley, Daugherty, DeGraaf,
4		-	deGruy Kennedy, Dickson, Duran, English, Epps, Frizell, Garcia,
5		-	Gonzales-Gutierrez, Hamrick, Hartsook, Herod, Jodeh, Joseph, Kipp,
6		-	Lindstedt, Lukens, Lynch, Mabrey, McLachlan, Ortiz, Parenti, Pugliese,
7		-	Ricks, Sharbini, Snyder, Soper, Story, Taggart, Titone, Valdez, Velasco,
8		-	Weinberg, Weissman, Willford, Wilson, Winter T., Woodrow, Young,
9		-	McCluskie, Brown, Catlin, Froelich, Holtorf, Lindsay, Mauro, McCormick,
10		-	Michaelson Jenet;
11		-	also SENATOR(S) Pelton B. and Hinrichsen, Bridges, Coleman, Exum,
12		-	Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis, Kirkmeyer, Kolker,
13		-	Liston, Lundeen, Marchman, Moreno, Mullica, Pelton R., Priola, Rich,
14		-	Roberts, Rodriguez, Smallwood, Sullivan, Van Winkle, Will, Winter F.,
15		-	Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
16	12		C
17		-	ONCERNING LEAVE FROM EMPLOYMENT FOR STATE MILITARY SERVICE .
18		-
19		-	Be it enacted by the General Assembly of the State of Colorado:
20		-	SECTION 1. In Colorado Revised Statutes, 28-3-601, amend (1)
21		-	as follows:
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. 28-3-601. Public employees - annual military leave. (1) Subject
30		-	to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer
31		-	or employee of the state or of any political subdivision, municipal
32		-	corporation, or other public agency of the state who is a member of the
33		-	National Guard or any other component of the military forces of the state
34		-	organized or constituted under state or federal law or who is a member of
35		-	the reserve forces of the United States, organized or constituted under
	13	+	ONCERNING LEAVE FROM EMPLOYMENT FOR STATE MILITARY101
	14	+	SERVICE.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill clarifies that a member of the Colorado National Guard or
	23	+	any other component of the military forces of the state who is an officer
	24	+	or employee of a public employer is entitled to a leave of absence from
	25	+	employment for training or active state military service for the equivalent
	26	+	of 3 weeks of work on the officer's or employee's regular work schedule
	27	+	each year. The officer or employee is entitled to use any paid leave
	28	+	SENATE
	29	+	Amended 2nd Reading
	30	+	February 21, 2023
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	January 31, 2023
	34	+	HOUSE
	35	+	SPONSORSHIP
	36	+	HOUSE SPONSORSHIP
	37	+	Evans, Marshall, Martinez, Armagost, Bacon, Bird, Boesenecker, Bottoms, Bradfield,
	38	+	Bradley, Daugherty, DeGraaf, deGruy Kennedy, Dickson, Duran, English, Epps, Frizell,
	39	+	Garcia, Gonzales-Gutierrez, Hamrick, Hartsook, Herod, Jodeh, Joseph, Kipp, Lindstedt,
	40	+	Lukens, Lynch, Mabrey, McCluskie, McLachlan, Ortiz, Parenti, Pugliese, Ricks, Sharbini,
	41	+	Snyder, Soper, Story, Taggart, Titone, Valdez, Velasco, Weinberg, Weissman, Willford,
	42	+	Wilson, Winter T., Woodrow, Young
	43	+	SENATE SPONSORSHIP
	44	+	Pelton B.,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. available to the officer or employee or to use unpaid leave.
	48	+	The bill clarifies that a member of the Colorado National Guard or
	49	+	the reserve forces of the United States who is an employee of a private
	50	+	employer is entitled to a leave of absence from employment in order to
	51	+	receive military training with the United States armed forces for the
	52	+	equivalent of 3 weeks of work on the employee's regular work schedule
	53	+	each year. The employee is entitled to use any paid leave available to the
	54	+	employee or to use unpaid leave for the employee's period of absence for
	55	+	military training.
	56	+	The bill clarifies that a private employee is entitled to use any paid
	57	+	leave available to the employee or to use unpaid leave in order to engage
	58	+	in active service in the Colorado National Guard.
	59	+	Be it enacted by the General Assembly of the State of Colorado:1
	60	+	SECTION 1. In Colorado Revised Statutes, 28-3-601, amend (1)2
	61	+	as follows:3
	62	+	28-3-601. Public employees - annual military leave. (1) Subject4
	63	+	to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer5
	64	+	or employee of the state or of any political subdivision, municipal6
	65	+	corporation, or other public agency of the state who is a member of the7
	66	+	National Guard or any other component of the military forces of the state8
	67	+	organized or constituted under state or federal law or who is a member of9
	68	+	the reserve forces of the United States, organized or constituted under10
36	69		federal law, is entitled to leave of absence from his or her
37		-	THE OFFICER'S OR
38		-	EMPLOYEE
39		-	'S public office or employment without loss of pay, seniority,
40		-	status, efficiency rating, vacation, sick leave, or other benefits for all thetime when he or she THE ENTIRE TIME THE OFFICER OR EMPLOYEE is engaged
41		-	with such organization or component in training or active service ordered
42		-	or authorized by proper authority pursuant to law, whether for state or
43		-	federal purposes, but not exceeding fifteen days
44		-	THE EQUIVALENT OF THREE
45		-	WEEKS OF WORK ON THE OFFICER
46		-	'S OR EMPLOYEE'S REGULAR WORK
47		-	SCHEDULE
48		-	in the leave year established by the employer. Such leave shall
49		-	be allowed THE EMPLOYER SHALL ALLOW THE LEAVE if the required military
50		-	service is satisfactorily performed, which shall be IS presumed unless the
51		-	contrary is established.
52		-	SECTION 2. In Colorado Revised Statutes, amend 28-3-602 as
53		-	follows:
	70	+	THE OFFICER'S11
	71	+	OR EMPLOYEE'S public office or employment without loss of pay,12
	72	+	seniority, status, efficiency rating, vacation, sick leave, or other benefits13
	73	+	for all the time when he or she THE ENTIRE TIME THE OFFICER OR14
	74	+	EMPLOYEE is engaged with such organization or component in training or15
	75	+	active service ordered or authorized by proper authority pursuant to law,16
	76	+	whether for state or federal purposes, but not exceeding fifteen days THE17
	77	+	EQUIVALENT OF THREE WEEKS OF WORK ON THE OFFICER 'S OR EMPLOYEE'S18
	78	+	REGULAR WORK SCHEDULE in the leave year established by the employer.19
	79	+	1045-2- Such leave shall be allowed THE EMPLOYER SHALL ALLOW THE LEAVE if1
	80	+	the required military service is satisfactorily performed, which shall be IS2
	81	+	presumed unless the contrary is established.3
	82	+	SECTION 2. In Colorado Revised Statutes, amend 28-3-602 as4
	83	+	follows:5
54	84		28-3-602. Public employees - extended military leave. A
55		-	N OFFICER
56		-	OR EMPLOYEE WHO IS TAKING A LEAVE OF ABSENCE DESCRIBED IN SECTION
57		-	28-3-601 (1) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE
58		-	OFFICER OR EMPLOYEE OR TO USE UNPAID LEAVE
59		-	. If any such
60		-	AN officer or
61		-	employee
62		-	USES PAID LEAVE AND is required by proper authority to continue
63		-	in such
64		-	military service beyond the time for which THE OFFICER OR
65		-	EMPLOYEE HAS AVAILABLE PAID
66		-	leave, with pay is allowed, he or she
67		-	THE
	85	+	N6
	86	+	OFFICER OR EMPLOYEE WHO IS TAKING A LEAVE OF ABSENCE DESCRIBED7
	87	+	IN SECTION 28-3-601 (1) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE8
	88	+	TO THE OFFICER OR EMPLOYEE OR TO USE UNPAID LEAVE . If any such
	89	+	AN9
68	90		officer or employee
69		-	is entitled to leave of absence from his or her
70		-	THE
71		-	OFFICER
72		-	'S OR EMPLOYEE'S public office or employment without pay for all
	91	+	USES PAID LEAVE AND is required by proper authority10
	92	+	to continue in such
	93	+	military service beyond the time for which THE11
	94	+	OFFICER OR EMPLOYEE HAS AVAILABLE PAID leave, with pay is allowed,12
	95	+	he or she THE OFFICER OR EMPLOYEE is entitled to leave of absence from13
	96	+	his or her THE OFFICER'S OR EMPLOYEE'S public office or employment14
	97	+	without pay for all such additional service with right of reinstatement15
	98	+	thereafter upon the same conditions as provided in section 28-3-604 for16
	99	+	reinstatement after active service in time of war or other emergency.17
	100	+	SECTION 3. In Colorado Revised Statutes, amend 28-3-603 as18
	101	+	follows:19
	102	+	28-3-603. Public employees - emergency military leave. Subject20
	103	+	to the conditions prescribed in this section, any officer or employee of the21
	104	+	state or of any political subdivision, municipal corporation, or other22
	105	+	public agency of the state who engages in active military service in time23
	106	+	of war or other emergency declared by proper authority of the state or the24
	107	+	United States, for which leave is not otherwise allowed by law
	108	+	OR25
	109	+	PERMITTED BY THE OFFICER'S OR EMPLOYEE'S EMPLOYER, is entitled to26
	110	+	leave of absence from his or her
	111	+	THE OFFICER'S OR EMPLOYEE'S public27
	112	+	1045
	113	+	-3- office or employment without pay during such THE service with right of1
	114	+	reinstatement as provided in section 28-3-604.2
	115	+	SECTION 4. In Colorado Revised Statutes, 28-3-604, amend (1)3
	116	+	introductory portion; and repeal (1)(b) as follows:4
	117	+	28-3-604. Reinstatement. (1) Except as otherwise provided in5
	118	+	sections 28-3-601 to 28-3-607, upon the completion of such service, such6
	119	+	AN officer or employee shall MUST be reinstated in the public position7
	120	+	which he or she THAT THE OFFICER OR EMPLOYEE held at the time of entry8
	121	+	into such service or a public position of like seniority, status, and pay if9
73	122		such
74		-	additional service with right of reinstatement thereafter upon the same
75		-	conditions as provided in section 28-3-604 for reinstatement after active
76		-	service in time of war or other emergency.
77		-	SECTION 3. In Colorado Revised Statutes, amend 28-3-603 as
78		-	follows:
79		-	28-3-603. Public employees - emergency military leave. Subject
80		-	PAGE 2-HOUSE BILL 23-1045 to the conditions prescribed in this section, any officer or employee of the
81		-	state or of any political subdivision, municipal corporation, or other public
82		-	agency of the state who engages in active military service in time of war or
83		-	other emergency declared by proper authority of the state or the United
84		-	States, for which leave is not otherwise allowed by law
85		-	OR PERMITTED BY
86		-	THE OFFICER
87		-	'S OR EMPLOYEE'S EMPLOYER, is entitled to leave of absence
88		-	from his or her
89		-	THE OFFICER'S OR EMPLOYEE'S public office or employment
90		-	without pay during such THE service with right of reinstatement as provided
91		-	in section 28-3-604.
92		-	SECTION 4. In Colorado Revised Statutes, 28-3-604, amend (1)
93		-	introductory portion; and repeal (1)(b) as follows:
94		-	28-3-604. Reinstatement. (1) Except as otherwise provided in
95		-	sections 28-3-601 to 28-3-607, upon the completion of such service, such
96		-	AN officer or employee shall MUST be reinstated in the public position
97		-	which he or she THAT THE OFFICER OR EMPLOYEE held at the time of entry
98		-	into such service or a public position of like seniority, status, and pay if
99		-	such
100		-	A POSITION is available at the same salary which he or she THAT THE
101		-	OFFICER OR EMPLOYEE
102		-	would have received if he or she
103		-	THE OFFICER OR
104		-	EMPLOYEE
105		-	had not taken such
106		-	THE leave upon the following conditions:
107		-	(b) That he or she is not physically or mentally disabled from
108		-	performing the duties of such position;
109		-	SECTION 5. In Colorado Revised Statutes, amend 28-3-609 as
110		-	follows:
111		-	28-3-609. Private employees - annual military leave. Any person
112		-	who is a duly qualified member of the Colorado National Guard or the
113		-	reserve forces of the United States who, in order to receive military training
114		-	with the armed forces of the United States, not to exceed fifteen days
115		-	THE
116		-	EQUIVALENT OF THREE WEEKS OF WORK ON THE PERSON
117		-	'S REGULAR WORK
118		-	SCHEDULE
119		-	in any one calendar year, leaves a position other than a temporary
120		-	position in the employ of an employer, and who gives evidence of the
121		-	satisfactory completion of such THE training, and who is still qualified to
122		-	perform the duties of such THE PERSON'S position, is entitled to be restored
123		-	to his or her THE PERSON'S previous or a similar position in the same status,
124		-	pay, and seniority. and such period of absence for military training shall be
125		-	construed as an absence with leave and without pay. THE PERSON IS
126		-	PAGE 3-HOUSE BILL 23-1045 ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE PERSON OR TO USE
127		-	UNPAID LEAVE FOR THE PERSON
128		-	'S PERIOD OF ABSENCE FOR MILITARY
129		-	TRAINING
130		-	.
131		-	SECTION 6. In Colorado Revised Statutes, amend 28-3-610.5 as
132		-	follows:
133		-	28-3-610.5. Private employees - state service - reemployment
134		-	rights - benefits retained. (1) A private employee who is a duly qualified
135		-	member of the Colorado National Guard who leaves or who is absent from
136		-	his or her THE EMPLOYEE'S employment, regardless of the length of such
137		-	THE absence, in order to engage in active service for state purposes pursuant
138		-	to section 28-3-104:
139		-	(a) Is entitled to the reemployment rights for members described in
140		-	section 28-3-609, so long as such member THE EMPLOYEE otherwise meets
141		-	the requirements of section 28-3-609; and
142		-	(b) Retains his or her THE right to the employee benefits described
	123	+	A POSITION is available at the same salary which he or she
	124	+	THAT THE10
	125	+	OFFICER OR EMPLOYEE would have received if he or she THE OFFICER OR11
	126	+	EMPLOYEE had not taken such THE leave upon the following conditions:12
	127	+	(b) That he or she is not physically or mentally disabled from13
	128	+	performing the duties of such position;14
	129	+	SECTION 5. In Colorado Revised Statutes, amend 28-3-609 as15
	130	+	follows:16
	131	+	28-3-609. Private employees - annual military leave. Any17
	132	+	person who is a duly qualified member of the Colorado National Guard18
	133	+	or the reserve forces of the United States who, in order to receive military19
	134	+	training with the armed forces of the United States, not to exceed fifteen20
	135	+	days THE EQUIVALENT OF THREE WEEKS OF WORK ON THE PERSON 'S21
	136	+	REGULAR WORK SCHEDULE in any one calendar year, leaves a position22
	137	+	other than a temporary position in the employ of an employer, and who23
	138	+	gives evidence of the satisfactory completion of such THE training, and24
	139	+	who is still qualified to perform the duties of such THE PERSON'S position,25
	140	+	is entitled to be restored to his or her THE PERSON'S previous or a similar26
	141	+	position in the same status, pay, and seniority. and such period of absence27
	142	+	1045
	143	+	-4- for military training shall be construed as an absence with leave and1
	144	+	without pay. THE PERSON IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE2
	145	+	TO THE PERSON OR TO USE UNPAID LEAVE FOR THE PERSON 'S PERIOD OF3
	146	+	ABSENCE FOR MILITARY TRAINING.4
	147	+	SECTION 6. In Colorado Revised Statutes, amend 28-3-610.55
	148	+	as follows:6
	149	+	28-3-610.5. Private employees - state service - reemployment7
	150	+	rights - benefits retained. (1) A private employee who is a duly8
	151	+	qualified member of the Colorado National Guard who leaves or who is9
	152	+	absent from his or her THE EMPLOYEE'S employment, regardless of the10
	153	+	length of such THE absence, in order to engage in active service for state11
	154	+	purposes pursuant to section 28-3-104:12
	155	+	(a) Is entitled to the reemployment rights for members described13
	156	+	in section 28-3-609, so long as such member THE EMPLOYEE otherwise14
	157	+	meets the requirements of section 28-3-609; and15
	158	+	(b) Retains his or her THE right to the employee benefits described16
143	159		in section 28-3-610;
144		-	AND
145		-	(c) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE
146		-	EMPLOYEE OR TO USE UNPAID LEAVE
147		-	.
148		-	SECTION 7. Safety clause. The general assembly hereby finds,
149		-	PAGE 4-HOUSE BILL 23-1045 determines, and declares that this act is necessary for the immediate
150		-	preservation of the public peace, health, or safety.
151		-	____________________________ ____________________________
152		-	Julie McCluskie Steve Fenberg
153		-	SPEAKER OF THE HOUSE PRESIDENT OF
154		-	OF REPRESENTATIVES THE SENATE
155		-	____________________________ ____________________________
156		-	Robin Jones Cindi L. Markwell
157		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
158		-	OF REPRESENTATIVES THE SENATE
159		-	APPROVED________________________________________
160		-	(Date and Time)
161		-	_________________________________________
162		-	Jared S. Polis
163		-	GOVERNOR OF THE STATE OF COLORADO
164		-	PAGE 5-HOUSE BILL 23-1045
	160	+	AND17
	161	+	(c) I
	162	+	S ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE18
	163	+	EMPLOYEE OR TO USE UNPAID LEAVE .19
	164	+	SECTION 7.
	165	+	Safety clause. The general assembly hereby finds,20
	166	+	determines, and declares that this act is necessary for the immediate21
	167	+	preservation of the public peace, health, or safety.22
	168	+	1045
	169	+	-5-