Colorado 2025 Regular Session

Colorado House Bill HB1208 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0764.01 Richard Sweetman x4333
8	8		HOUSE BILL 25-1208
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor Local Government & Housing
11	11		Finance
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING
15	15		INCREASING THE AMOUNT OF THE TIP OFFSET101
16	16		ASSOCIATED WITH A LOCAL GOVERNMENT 'S MINIMUM WAGE,102
17	17		AND, IN CONNECTION THEREWITH , REQUIRING A LOCAL103
18	18		GOVERNMENT THAT ENACTS A LOCAL MINIMUM WAGE THAT104
19	19		EXCEEDS THE STATE MINIMUM WAGE TO SATISFY CERTAIN105
20	20		REQUIREMENTS IN DETERMINING THE AMOUNT OF THE TIP106
21	21		OFFSET ASSOCIATED WITH THE LOCAL GOVERNMENT 'S107
22	22		MINIMUM WAGE.108
23	23		Bill Summary
24	24		(Note: This summary applies to this bill as introduced and does
25	25		not reflect any amendments that may be subsequently adopted. If this bill
26	26		passes third reading in the house of introduction, a bill summary that
27	27		applies to the reengrossed version of this bill will be available at
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 15, 2025
31		-	SENATE
32	29		2nd Reading Unamended
33	30		April 14, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 19, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		March 18, 2025
40	37		HOUSE SPONSORSHIP
41	38		Woodrow and Valdez, Armagost, Bird, Boesenecker, Lindstedt, Mauro, Richardson,
42	39		Clifford, Duran, McCluskie, Ricks
43	40		SENATE SPONSORSHIP
44		-	Amabile and Daugherty, ~~Frizell, Kirkmeyer, Liston, Pelton B., Rich, Snyder~~
	41	+	Amabile and Daugherty,
45	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
47	44		Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov.)
48	45		Current law allows a local government to establish local minimum
49	46		wages in excess of the statewide minimum wage established in the state
50	47		constitution. A local government that enacts a minimum wage must
51	48		provide a tip offset for tipped employees in an amount equal to the tip
52	49		offset amount described in the state constitution, which is $3.02.
53	50		The bill requires a local government that has enacted a code or an
54	51		ordinance imposing a minimum wage that exceeds the state minimum
55	52		wage to enact another code or ordinance on or before September 1, 2025,
56	53		that:
57	54		! Imposes a tip offset for food and beverage employees in an
58	55		amount that equals the amount by which the local minimum
59	56		wage exceeds the state minimum wage, plus $3.02; and
60	57		! Takes effect on or before October 1, 2025.
61	58		After September 1, 2025, and until October 1, 2026, a local
62	59		government that enacts a code or an ordinance that imposes a minimum
63	60		wage in an amount that exceeds the amount of the state minimum wage
64	61		must also enact a code or an ordinance that imposes a tip offset in an
65	62		amount that equals the amount by which the local minimum wage
66	63		exceeds the state minimum wage, plus $3.02.
67	64		On and after October 1, 2026, a local government may enact a
68	65		code or an ordinance that increases or decreases the amount of the local
69	66		tip offset; except that a local government may not enact a code or an
70	67		ordinance that:
71	68		! Decreases the amount of the tip offset to an amount less
72	69		than $3.02;
73	70		! Decreases the amount of the tip offset by more than 50
74	71		cents in any 12-month period; or
75	72		! Increases the amount of the tip offset by an amount that
76	73		would allow an employee to be paid a wage that is less than
77	74		the state minimum wage, minus $3.02.
78	75		Be it enacted by the General Assembly of the State of Colorado:1
79	76		SECTION 1. In Colorado Revised Statutes, 8-6-101, amend2
80	77		(3)(a)(I); and add (3.5) as follows:3
81	78		8-6-101. Legislative declaration - minimum wage of workers4
82	79		- authority of a local government to enact minimum wage laws - tip5
83	80		offsets - enforcement - report - severability - definition.6
84	81		(3) (a) (I) (A) Notwithstanding any other provision of law, a local7
85	82		1208-2- government may enact through its governing body or, when available,1
86	83		through its initiative or referendum powers, a law establishing minimum2
87	84		wages for individuals performing, or expected to perform, four or more3
88	85		hours of work for an employer in any A given week within the geographic4
89	86		boundaries of the local government's jurisdiction. Minimum wages5
90	87		established in accordance with this section may exceed the statewide6
91	88		minimum wage established in accordance with section 15 of article XVIII7
92	89		of the state constitution, any other minimum wage established by state8
93	90		law, or any minimum wage established by federal law; except that a local9
94	91		government that enacts a minimum wage in accordance with this10
95	92		subsection (3) shall provide a tip offset for employees of any A business11
96	93		or enterprise that prepares and offers for sale food or beverages for12
97	94		consumption either on or off the premises. equal to the tip offset provided13
98	95		in section 15 of article XVIII of the state constitution. The tip offset14
99	96		applies only to employees who regularly receive tips and only when a tip15
100	97		offset is permitted by state law. A
101	98		LOCAL GOVERNMENT SHALL D ETERMINE16
102	99		THE AMOUNT OF THE TIP OFFSET IN ACCORDANCE WITH SUBSECTION (3.5)17
103	100		OF THIS SECTION.18
104	101		(B) A local government shall not include in its minimum wage19
105	102		law time spent in the local government's jurisdiction by an employee20
106	103		solely for the purpose of traveling through the local government's21
107	104		jurisdiction from a point of origin outside of the local government's22
108	105		boundaries to a destination outside of the local government's boundaries,23
109	106		with no employment-related or commercial stops in the local24
110	107		government's jurisdiction, except for refueling or the employee's personal25
111	108		meals or errands.26
112	109		27
113	110		1208
114	111		-3- (3.5) (a) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION1
115	112		(3.5), EXCEPT AS DESCRIBED IN SUBSECTION (3.5)(b) OF THIS SECTION, THE2
116	113		AMOUNT OF THE TIP OFFSET ASSOCIATED WITH A LOCAL MINIMUM WAGE3
117	114		IS THREE DOLLARS AND TWO CENTS .4
118	115		(b) ON AND AFTER JANUARY 1, 2026, A LOCAL GOVERNMENT THAT5
119	116		HAS ENACTED A CODE OR ORDINANCE THAT IMPOSES A LOCAL MINIMUM6
120	117		WAGE IN AN AMOUNT THAT EXCEEDS THE AM OUNT OF THE STATE MINIMUM7
121	118		WAGE MAY INCREASE THE AMOUNT OF THE TIP OFFSET ASSOCIATED WITH8
122	119		THE LOCAL MINIMUM WAGE; EXCEPT THAT A LOCAL GOVERNMENT SHALL9
123	120		NOT IMPOSE A TIP OFFSET IN AN AMOUNT THAT ALLOWS A TIPPED10
124	121		EMPLOYEE TO EARN LESS THAN THE STATE MINIMUM WAGE MINUS THREE11
125	122		DOLLARS AND TWO CENTS.12
126	123		SECTION 2. Effective date. This act takes effect July 1, 2025.13
127	124		SECTION 3. Safety clause. The general assembly finds,14
128	125		determines, and declares that this act is necessary for the immediate15
129	126		preservation of the public peace, health, or safety or for appropriations for16
130	127		the support and maintenance of the departments of the state and state17
131	128		institutions.18
132	129		1208
133	130		-4-