Colorado 2025 2025 Regular Session

Colorado Senate Bill SB128 Introduced / Fiscal Note

Filed 02/10/2025

                    SB 25-128  
Fiscal Note 
Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
SB 25-128: AG WORKER SERVICE PROVIDERS ACCESS PRIVATE PROP  
Prime Sponsors: 
Sen. Pelton B.; Roberts 
Rep. McCormick; Winter T.  
Published for: Senate Ag. & Natural Resources  
Drafting number: LLS 25-0746  
Fiscal Analyst: 
Josh Abram, 303-866-3561 
josh.abram@coleg.gov  
Version: Initial Fiscal Note  
Date: February 10, 2025 
Fiscal note status: The fiscal note reflects the introduced bill.
Summary Information 
Overview. The bill repeals current law deemed unconstitutional by the United States Supreme Court. 
Types of impacts. The bill is expected to impact the following areas on an ongoing basis: 
 Minimal State Workload 
 
Appropriations. No appropriation is required. 
Table 1 
State Fiscal Impacts  
Type of Impact 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
State Revenue 	$0 	$0 
State Expenditures 	$0 	$0 
Transferred Funds  	$0 	$0 
Change in TABOR Refunds 	$0 	$0 
Change in State FTE 	0.0 FTE 	0.0 FTE 
   Page 2 
February 10, 2025  SB 25-128 
 
Summary of Legislation 
The bill repeals certain agricultural worker key service provider access provisions adopted in 
Senate Bill 21-087. 
Background 
Under current law, an employer may not interfere with an agricultural worker’s reasonable 
access to key service providers. The law permits third parties to have access to an employer’s 
private property to communicate with workers during periods of uncompensated time. In 
June 2021, the United State Supreme Court ruled in Cedar Point Nursery v. Hassid, 594 U.S. 139 
(2021) that this access provision violates the fifth amendment takings clause of the 
U.S. Constitution. 
State Expenditure 
The bill aligns state law with federal law. The relevant sections of SB 21-087 primarily impacted 
the conduct of private actors; however, the Departments of Law, Labor, and Agriculture have a 
role in enforcing the protections of rights for agricultural workers established in SB 21-087. 
These include adopting rules, providing legal services, and investigation and enforcement of all 
claims and appeals. Removing access to key service providers as one right of agricultural 
workers will minimally decrease the amount of state workload in these departments; however, 
no change in appropriations is required.  
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his 
signature, and applies to conduct occurring on or after that date. 
State and Local Government Contacts 
Agriculture 
Counties 
Labor 
Law 
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.