S.B. 95-27 Automotive lubricants - labelling requirements penalties. Requires that containers of recycled motor oil, used motor oil, and automotive lubricants containing recycled or used motor oil meet labelling requirements. Prohibits a person from packaging and selling such products unless:
Requires labels on recycled oil containers to accurately reflect the kind of oil stored in the container. States that a person may represent a product made from re-refined oil as being equal to or better than a similar product made from virgin oil if it conforms with applicable API classifications, API certification mark, and SAE viscosity grades.
Sets penalties for violations, including a fine up to $500 for a first offense and injunctions for subsequent offenses. States that the state inspector of oils shall enforce the new labelling requirements.
APPROVED by Governor April 27, 1995
EFFECTIVE April 27, 1995
S.B. 95-72 Workers' compensation - determination of independent contractor status. Modifies the legislative declaration to state that: (1) A finding of independent contractor status shall be based on the nine criteria provided under current law; (2) The common law basis for such a finding is superseded; and (3) The fact an individual performs services exclusively or primarily for another is not conclusive evidence of an employer-employee relationship.
Changes the application of the nine statutory criteria for determining independent contractor status so that the criteria apply to all cases, not just to cases where a written document is used to prove independence.
Requires both parties to a work arrangement to sign a document that is used to prove independent contractor status. Creates a rebuttable presumption of independent contractor status when such a document contains a disclosure that the independent contractor is not entitled to workers' compensation benefits and must pay income taxes on money earned.
Specifies that those who lease or contract out work are not employers liable under the workers' compensation laws if they comply with the statutory requirements for proving independent contractor status.
Makes clear that a person who is excluded from the definition of "employee" or who doesn't purchase workers' compensation coverage does not have a cause of action under the workers' compensation laws.
APPROVED by Governor April 27, 1995
EFFECTIVE July 1, 1995
S.B. 95-98 Workers' compensation - procedure - orders - judicial review. Current procedure allows for the review of an order of the industrial claim appeals office or a revocation of the workers' compensation accreditation of a physician only by writ of certiorari in the court of appeals. The Colorado Supreme Court has held the current procedure unconstitutional. This act, in response to the court's ruling, replaces the current procedure with a procedure allowing review as a matter of right.
APPROVED by Governor April 17, 1995
EFFECTIVE April 17, 1995
S.B. 95-199 Workers' compensation - administrative law judges - transfer. Repeals statutory language that would transfer workers' compensation administrative law judges on July 1, 1997, from the division of administrative hearings in the department of administration to the division of workers' compensation in the department of labor and employment.
APPROVED by Governor May 16, 1995
EFFECTIVE May 16, 1995
H.B. 95-1025 Aircraft fueling facilities - exemption from aboveground storage tank restrictions. Exempts aircraft fueling facilities from restrictions on aboveground storage tanks.
APPROVED by Governor March 17, 1995
EFFECTIVE March 17, 1995
H.B. 95-1038 Workers' compensation - insurance policy - cancellation by Colorado compensation insurance authority - required notice. Changes the notification procedure the Colorado compensation insurance authority must follow before cancelling an insurance policy it issued. Removes the requirement that a policy be automatically cancelled if the insured is in arrears on payment or wage reports. Removes the ability of the authority to seek reimbursement from an employer if the authority has to pay out due to an accident involving an employee during the default period.
APPROVED by Governor March 23, 1995
EFFECTIVE March 23, 1995
H.B. 95-1057 Workers' compensation - extension of repeal dates. Extends the scheduled repeal date to July 1, 1996, for the definitions of "adverse action" and "commission" in statutes relating to the workers' compensation medical care accreditation commission.
APPROVED by Governor March 9, 1995
EFFECTIVE March 9, 1995
H.B. 95-1158 Colorado compensation insurance authority - cooperative arrangements - disbursements. Authorizes the Colorado Compensation Insurance Authority ("CCIA") to enter into arrangements with other entities for the purpose of carrying out CCIA powers, duties, and functions.
Authorizes the CCIA manager to pay reinsurance premiums out of the CCIA fund. Requires disbursements made at the direction of the CCIA manager to be approved by the state treasurer if they are not to be made on a warrant drawn upon a voucher issued by the CCIA board. States that payments not presented for payment within 6 months of issuance may be cancelled pursuant to the same provisions as warrants.
APPROVED by Governor May 25, 1995
EFFECTIVE May 25, 1995
H.B. 95-1183 Petroleum storage tanks - regulation. Transfers responsibilities for the administration of underground and aboveground storage tanks from the department of public health and environment to the department of labor and employment. Consolidates the laws concerning petroleum storage tanks that are currently in separate areas of the statutes. Requires the petroleum storage tank advisory committee to contract for services to reduce the backlog of claims.
Changes the names of the underground storage tank fund and the underground storage tank advisory committee to the petroleum storage tank fund and the petroleum storage tank advisory committee, respectively, to reflect the participation of owners and operators of aboveground storage tanks.
Provides that if a certificate of eligibility is transferred to a purchaser of foreclosed property, such purchaser shall be eligible to receive moneys from the petroleum storage tank fund.
Repeals provisions concerning aboveground storage tanks which have been made obsolete by federal requirements.
Adds requirements for the timely processing of applications for reimbursement. Requires the fund to reimburse a person whose application is not processed in a timely manner, by paying interest at a stated rate. Defines "timely manner" for this purpose.
Permits the fund to be subrogated to the rights of an owner or operator at the time a claim is filed with the petroleum storage tank fund, with respect to a claimed amount.
APPROVED by Governor May 8, 1995
EFFECTIVE July 1, 1995
H.B. 95-1213 Unemployment compensation - temporary employees hired on an as-needed or on-call basis. Defines a temporary employee as an individual employed on an irregular schedule who agrees to work on an as-needed or on-call basis. Requires an employer to give written notice, at the time of hire, to a temporary employee that the employee must contact the employer upon completion of an assignment and be available to work at certain agreed times or on an as-needed basis. Provides that a temporary employee is deemed to have voluntarily terminated employment for purposes of determining unemployment compensation benefits if the employee receives the notice and if: (1) The employee fails to comply with the requirements contained in such notice; or (2) The employee agreed to work on an as-needed basis and refuses all work within three separate pay periods when contacted by the employer.
Specifies that if the division of employment and training receives notice from the federal department of labor that the law created by the act (which provides that a temporary employee is deemed to voluntarily terminate employment when such employee refuses all work within three pay periods when contacted by the employer) does not conform to federal law, such law shall not be administered and the law regarding the unemployment compensation treatment of temporary help contracting firm employees applies to such employee. Requires the division to submit a copy of such nonconformance notice to the general assembly and the revisor of statutes.
APPROVED by Governor May 24, 1995
EFFECTIVE July 1, 1995
H.B. 95-1217 Unemployment compensation - land professionals' services relating to minerals - excluded from definition of employment. Excludes services performed by land professionals who perform services related to the purchase, exploration, and ownership of minerals from the unemployment compensation law's definition of "employment", if compensation is related to task completion not hours worked and if a contract provides that the land professional is an independent contractor.
APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995
H.B. 95-1265 Unemployment compensation - wages - exclusion from definition - weekend duty for national guard or military reserve - limitations. Excludes national guard and military reserve weekend duty pay from the definition of wages for purposes of calculating such wages for unemployment benefits. Limits the amount of weekend duty that may be excluded to a maximum of 72 hours in any one month. As part of the exclusion, excludes annual training for weekend national guard or military reserve from the definition of wages if the time-period for the training is approximately 2 weeks.
APPROVED by Governor May 16, 1995
EFFECTIVE May 16, 1995
H.B. 95-1275 Unemployment compensation - benefits - requirements - conditions - disqualification. Establishes that a worker seeking unemployment benefits due to general health reasons must: (1) Be unable to work for a period of time that exceeds the employer's medical leave of absence policy or the provisions of the federal "Family and Medical Leave Act of 1993", whichever is greater; (2) Inform the employer in writing of the health condition of the worker or the worker's spouse or dependent child before separation, if the employer gave notice of the written notice requirement; and (3) Allow the employer the opportunity to make reasonable accommodations for the worker's condition. States that, for purposes of providing a medical statement or submitting to an examination for an employer "within a reasonable period" after leaving work, the reasonable period includes the time before adjudication of the claim. In cases of injury or sudden illness where notification to the employer is subsequently given, requires that the notification be given no later than 2 working days after the injury or illness unless a physician provides a substantiating statement within one week of the employer's request.
To receive a full award when terminated for off-the-job or on-the-job use of intoxicating beverages or controlled substances: (1) Requires that the worker's substantiation of completion or enrollment in an approved treatment facility be in writing and signed by the approved treatment program's authorized representative; or (2) Requires the worker to submit written substantiation of registration in a program of corrective action that is signed by the approved treatment program's authorized representative; and (3) Clarifies that the division of employment and training is to verify that no prior award has been made to the same claimant within the preceding 5 years with regard to the use of intoxicating beverages or controlled substances.
States that a worker's loss of a shift differential or overtime pay shall not be considered by the division of employment and training to be an unreasonable reduction in a worker's rate of pay unless the employer guaranteed it. Restricts "good cause" for refusing to work overtime to cases of "reasonable", compelling personal reasons "as determined by the division".
Concerning the list of available grounds for disqualification of benefits: (1) Adds the refusal or failure to maintain unrestricted licenses or other professional designations that are necessary to perform the worker's job; (2) Adds endangering the life of other persons; (3) Deletes the use of profane language; (4) Specifies that the intentional falsification of certain records is grounds for disqualification, whether or not substantial harm or injury was incurred; (5) Includes on-the-job distribution of not medically prescribed intoxicating beverages or controlled substances; and (6) Clarifies that any loss of a license or other professional designation that is essential to job performance is grounds for disqualification.
APPROVED by Governor April 20, 1995
EFFECTIVE July 1, 1995
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.