S.B. 97-139 Workers' compensation - benefits - calculation - scheduled and nonscheduled injuries. Increases the permanent partial disability benefit from $150 per week to $175 per week, allowing increases or decreases in this figure based on the state average weekly wage. Where an injury causes a loss set out on the list of scheduled injuries and a loss compensable under the provisions governing medical impairment benefits, requires that the scheduled injury be compensated separately, according to the schedule, rather than combined with the nonscheduled injury. Requires that claims for mental or emotional stress be compensated under the special provisions applicable to such claims rather than combined with a scheduled injury to allow the claimant to receive medical impairment benefits.
VETOED by Governor April 25, 1997
S.B. 97-140 Workers' compensation - benefits - conditions of recovery. For purposes of workers' compensation benefits, declares that work-related mental or emotional stress must be treated differently from work-related injuries and occupational diseases resulting solely in physical impairment. Declares the general assembly's intent to apply the 12-week limitation on mental impairment benefits to both permanent and temporary disability benefits under the workers' compensation system, thereby legislatively reversing a contrary decision of the Colorado supreme court. Requires scheduled injuries to be compensated exclusively under the compensation schedule.
Changes current references to "mental impairment" to refer to "mental or emotional stress". Requires claims for mental or emotional stress to be proven using criteria established in the American Psychiatric Association's "Diagnostic and Statistical Manual for Mental Disorder," 4th edition. Allows for independent medical examinations in disputed cases.
Limits the period of benefits for which mental or emotional stress benefits are available to 12 weeks, unless the claimant's physician or psychologist makes a written request for a continuation of benefits after 8 weeks. If the physician or psychologist so requests, benefits may be extended for up to 12 additional weeks for a maximum total of 24 weeks.
VETOED by Governor April 25, 1997
S.B. 97-207 Workers' compensation - access to claim files - restrictions. With respect to workers' compensation claim files, specifies that the director of the division of workers' compensation may only permit access to other governmental entities as required for the performance of their official duties and only if those duties relate to activities necessary to enforce the provisions of the "Workers' Compensation Act of Colorado" or the enforcement of child support obligations pursuant to law. Further provides that this provision is not intended to restrict the rights of persons otherwise authorized specifically by law to inspect and copy such records.
States that the general assembly intends that any contract, agreement, or any other means to transfer information in effect prior to the effective date of this act between the department of labor and employment and any other governmental entity related to access to workers' compensation claim files shall be conformed to these new provisions or be terminated as authorized by law.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
H.B. 97-1010 Unemployment compensation - insurance - treatment of Indian tribes as employers. Removes Indian tribes from the definition of a political subdivision, thereby treating such tribes as rated employers for unemployment insurance coverage purposes in conformity with federal law.
APPROVED by
Governor March 28, 1997
EFFECTIVE July 1,
1997
H.B. 97-1100 Labor laws - prohibition on local governments enacting certain labor laws. Declares that the following areas of labor law are a matter of statewide concern: Employment relations and collective bargaining and minimum wages. Prohibits local governments from enacting any jurisdiction-wide laws in such areas. Specifies that local governments may enact laws or ordinances that are specifically authorized in state law or local ordinances relating to the employees and contractors of the local government.
VETOED by Governor March 24, 1997
H.B. 97-1128 Workers' compensation - benefits - overpayment - recovery by employer or insurer. Gives the division of workers' compensation and administrative law judges hearing workers' compensation cases the express authority and direction to reopen awards and to order repayment of benefits when a claimant has received excess benefits.
Requires written notice to the employer and the employer's insurer (if any) of any such overpayment within 20 days after the claimant receives it or learns that it will be paid. If notice is given, allows recoupment through a diminution in future payments, prorated over the same amount of time as the period during which the overpayments were made. If notice is not given, allows a total suspension of benefit payments until all overpayments have been recovered. In cases where repayment by either of these methods is not practicable, allows the employer or insurer to request an order for repayment. Requires notice to the claimant of the obligation to report any excess benefits.
Allows an order for repayment of benefits to be reduced to judgment in the same manner as are fines and penalties from employers.
APPROVED by
Governor March 24, 1997
EFFECTIVE July 1,
1997
H.B. 97-1159 Unemployment compensation - insurance tax rates - reduction in standard rate. Sets the standard rate for unemployment insurance taxes at 1.7%. Specifies that employers newly subject to unemployment insurance tax on or after July 1, 1997, shall pay such tax at the standard rate of 1.7% for a period of 12 consecutive calendar months and, after such 12-month period, would pay the unemployment insurance tax at an experience rating rather than the standard rate.
Establishes a transitional period for new businesses created on or after July 1, 1994, and before July 1, 1997, for purposes of moving those entities from the current rating system to the system established in this act.
APPROVED by
Governor May 28, 1997
EFFECTIVE May 28,
1997
H.B. 97-1172 Employee leasing companies. Recognizes that 2 employers may both be the employer in a co-employer or employing unit relationship. Defines "employee leasing company" as a person, business, or other entity that provides services to a work-site employer pursuant to an employee leasing company contract. Specifies those functions that an employee leasing company must perform in order to be considered an employer for purposes of Colorado law.
Allows small employer insurance carriers to give a discount to small employers who have contracts with employee leasing companies. Requires the employee leasing company to be solely responsible for paying the premiums in order for the small employer to qualify for a discount. Requires the carrier to guarantee the issuance of coverage to any work-site employer that has a contract with the employee leasing company who requests coverage and to base any discount solely on savings from collection of premiums and marketing.
APPROVED by
Governor April 8, 1997
EFFECTIVE April 8, 1997
H.B. 97-1180 Workers' compensation - ratios - Colorado compensation insurance authority. Allows the board of directors of the Colorado compensation insurance authority (CCIA) to set different workers' compensation rates for employers so long as those rates are not excessive, inadequate, or unfairly discriminatory. Allows nondisclosure by the CCIA of records not required to be released by other insurance companies. Allows the board to impose a premium surcharge for up to 12 months for those employers or their successors in interest whose coverage was terminated because of fraud or intentional misrepresentation of a material fact. Allows employers who have had such surcharge imposed to make a complaint to the commissioner of insurance. Allows the board to refuse to issue a policy until all premiums have been paid and provisions of the canceled policy have been complied with.
Expands the authority of the commissioner to regulate the CCIA. Grants the state treasurer authority to invest CCIA funds in a broader range of investments.
APPROVED by
Governor May 21, 1997
EFFECTIVE May 21,
1997
H.B. 97-1221 Employment references - exceptions to blacklisting prohibition - disclosure of theft or embezzlement. Amends the anti-blacklisting statutes to allow lending institutions and their agents, acting in good faith, to disclose information about theft, embezzlement, and other defalcations by a current or former employee. Creates a presumption that such institutions and their agents act in good faith unless it is shown by a preponderance of the evidence that they intentionally or recklessly disclosed false information about the employee.
APPROVED by
Governor April 19, 1997
EFFECTIVE April 19,
1997
H.B. 97-1224 Freedom of legislative and judicial access act - creation. Makes it unlawful for a person, including a corporation, limited liability company, partnership, association, firm, governmental entity, individual, or any officer or agent thereof, to:
States that the prohibition does not apply to testimony that discloses confidential, proprietary, or otherwise privileged information. Specifies the criminal penalty for any such violation. Allows an employee, franchisee, or agent or entity under the control of any person to recover damages, including reasonable attorney fees, from any person resulting from any such violation. Specifies that nothing in the act shall be construed to prohibit an employee, franchisee, or agent or entity under the control of any person from pursuing any other right of action permitted under law for any such violation. Specifies that nothing in this act shall be construed to obligate any person to compensate an employee or agent for time spent testifying before a legislative committee or court or speaking to a legislator concerning any such action, policy, rule, regulation, practice, or procedure.
APPROVED by
Governor June 4, 1997
EFFECTIVE June 4, 1997
H.B. 97-1245 Unemployment compensation - claimant with alcohol or controlled substance addiction - benefits chargeable to fund. Allows a full unemployment benefit award to be charged to the unemployment compensation fund, instead of a rated employer's account, when the award is to a claimant who has separated from a job because of an addiction to drugs or alcohol and who has been or is being treated for such addiction.
APPROVED by
Governor April 24, 1997
EFFECTIVE April 24,
1997
H.B. 97-1251 Housing provided pursuant to contract of employment - termination of license to occupy. Allows an employer and employee to enter into a written agreement to provide an employee a license to occupy premises as part of the compensation for such employment. Allows the termination of such license upon a 3-day notice to the employee. Requires the employee to vacate the premises within 3 days of a notice of termination of a license. Requires an agreement to be in writing and to include the names and signatures of the employer and employee, the address of the premises, and a statement that the license is provided to the employee as part of the employee's compensation. If an employee does not vacate the premises within 3 days after receipt of the notice, allows local law enforcement officers to remove the employee, and any personal property of the employee, on showing of the notice and agreement.
APPROVED by
Governor May 21, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
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