Digest of Bills - 1999

LABOR AND INDUSTRY

S.B. 99-14
Wages - minimum wage - preemption of local minimum-wage laws. Declares that issues related to minimum wages are a matter of statewide concern. Prohibits local governments from enacting any jurisdiction-wide laws with respect to minimum wages unless specifically authorized to do so by state law or required to do so to avoid a loss of federal funding. Does not preempt local ordinances covering only employees of the local government.

APPROVED by Governor April 14, 1999
EFFECTIVE April 14, 1999

S.B. 99-34 Unemployment compensation - increase in the minimum base period wage eligibility level. Requires an individual to have been paid not less than 40 times the weekly benefit amount or $2,500, whichever amount is greater, before the individual is eligible to receive unemployment benefits with respect to any week.

APPROVED by Governor May 18, 1999
EFFECTIVE August 4, 1999
NOTE: This act 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.

S.B. 99-155 Unemployment compensation - denial of benefits in a defensive lockout - eligibility for benefits in an offensive lockout. Provides that employees are ineligible for unemployment compensation benefits where the employer is engaged in a defensive lockout. Defines a defensive lockout as a lockout reasonably imposed by an employer to protect materials, property, or operations where a union or 2 or more employees represented by a union take economic action against the employer causing the lockout or a lockout by any member of a multiemployer bargaining unit or by an employer engaged in coordinated bargaining with one or more other employers if such lockout is initiated because of a strike or labor dispute involving any member of such multiemployer bargaining unit or coordinated bargaining group.

        When unemployment is due to an offensive lockout initiated by the employer, makes the unemployed individual eligible for unemployment compensation benefits.

APPROVED by Governor May 19, 1999
EFFECTIVE May 19, 1999

S.B. 99-161 Workers' compensation - benefits - acts of employee reducing benefits - use of controlled substances. Reduces workers' compensation disability payments, other than disbursements to medical providers, by 50% when injury results from the presence of not medically prescribed controlled substance in an employee's system. Amends the existing posted-notice provision to require the inclusion of notice that benefits may be so reduced.

APPROVED by Governor May 17, 1999
EFFECTIVE July 1, 1999

S.B. 99-228 Unemployment compensation - employment support fund - surcharge tax rate. Changes the surcharge tax rate allocated to the unemployment compensation fund from 80% to 50% and the surcharge tax rate allocated to the employment support fund from 20% to 50%, effective July 1, 1999. Mandates that 80% of the surcharge tax revenues will be considered revenues for purposes of calculating the tax surcharge. Effective for calendar year 2000, sets the annual surcharge tax rate at 0.22%.

        Removes the automatic termination date of 2002 for the deposit of the surcharge tax into the employment support fund. Eliminates the fiscal-year-end transfer of unobligated amounts to the unemployment compensation fund, thereby retaining such moneys in the employment support fund. Eliminates the provision requiring the department to reduce the funds available to the employment support fund by an amount equal to appropriations for distributions of moneys pursuant to the federal "Reed Act".

APPROVED by Governor May 28, 1999
EFFECTIVE May 28, 1999

H.B. 99-1049 Workers' compensation - random selection of an independent medical examiner. If the parties to a workers' compensation claim are unable to agree on the selection of an independent medical examiner (IME), specifies that the division of workers' compensation in the department of labor and employment shall randomly select only one independent medical examiner from the list maintained by the division.

        Makes the random selection of an IME applicable to all open cases with a date of injury on or after July 1, 1991, for which a division IME has not been requested.

        Clarifies that this section was remedial in nature and designed to cure a flaw in the existing workers' compensation law when enacted in 1998.

APPROVED by Governor April 8, 1999
EFFECTIVE September 1, 1999
NOTE: This act shall take effect September 1, 1999, unless a referendum petition is filed during 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. If such 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.

H.B. 99-1061 Unemployment compensation - requirements for award of benefits for inability to work related to health - leave of absence - domestic violence. In order to be eligible for unemployment compensation benefits when the person quits employment due to health reasons, requires a claimant to comply with provisions established by the division of employment and training in the department of labor and employment requiring written medical statements issued by a licensed practicing physician on any matters related to health. Specifies that an employer will not be chargeable for benefits paid because an employee quits a job for compelling personal reasons not attributable to the employment.

        Requires a claimant who is the victim of domestic violence to provide to the division of labor and employment a police report, criminal charges, restraining order, medical records, or any other corroborative evidence documenting the domestic abuse. Also requires the claimant to either be in counseling or have completed counseling and to verify that no claim for unemployment benefits because of domestic violence has been filed within the past 3 years. If a claimant qualifies for benefits for unemployment because the claimant is a qualified victim of domestic violence, provides for benefits to be chargeable to the unemployment compensation fund.

        Specifies that an employer will not be chargeable for benefits if an employee does not work due to an authorized and approved leave of absence.

APPROVED by Governor April 22, 1999
EFFECTIVE August 15, 1999
NOTE: This act shall take effect August 15, 1999, unless a referendum petition is filed during 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. If such 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.

H.B. 99-1072 Reference checks - employer liability for disclosing information about current or former employees.  Provides immunity to employers and their authorized employees, agents, or representatives who disclose information about a current or former employee's job history or job performance to prospective employers. Allows such immunity to only be overcome if the current or former employee shows, by a preponderance of the evidence, that the information was false and that the employer knew or reasonably should have known that the information was false. Defines the term "job performance".

        Requires an employer who provides information about a current or former employee to a prospective employer in writing to send a copy of that information to the current or former employee upon the request of such employee.

APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999

H.B. 99-1100 Eligibility criteria for resident bidders given bid preference on public construction contracts. Requires any residence, registration, unemployment compensation, and other public construction contract bid preference criteria that are applied to Colorado resident bidders doing business in another state or a foreign country to be applied to resident bidders from such state or foreign country that bid for public construction contracts in Colorado for purposes of determining eligibility for a bid preference.

APPROVED by Governor March 17, 1999
EFFECTIVE March 17, 1999

H.B. 99-1105 Workers' compensation - benefits - temporary total disability - grounds for disqualification. In cases where it is determined that a temporarily disabled employee is responsible for termination of employment, prohibits the division of workers' compensation in the department of labor and employment from attributing the resulting wage loss to the employee's injury for purposes of determining the benefits payable to the employee.

APPROVED by Governor April 9, 1999
EFFECTIVE July 1, 1999

H.B. 99-1107 Workers' compensation - benefits - subsequent injury - exclusion of previous impairment. In workers' compensation cases in which permanent medical impairment is an issue, requires that an award of benefits for an injury exclude any previous impairment to the same body part.

APPROVED by Governor April 22, 1999
EFFECTIVE July 1, 1999

H.B. 99-1157 Workers' compensation - increased PPD benefit amount - calculation of benefits for injured workers sustaining a scheduled and not scheduled injury - calculation of benefits for emotional or mental stress. Increases the permanent partial disability (PPD) benefit from $150 per week to $176 per week. Requires an annual increase or decrease in this figure based on the state average weekly wage.

        Clarifies that scheduled injuries shall be compensated for as scheduled injuries and nonscheduled injuries shall be compensated for as medical impairment benefits, even if one injury causes both types of losses.

        Excludes benefits for a mental impairment from being coupled with scheduled or nonscheduled injuries. Limits the definition of "mental impairment" to include only recognized, permanent psychological disabilities. In addition to the current exemption for victims of violent crime, exempts persons whose injuries result in neurological brain damage from the otherwise applicable limitation of no more than 12 weeks of benefits.

APPROVED by Governor April 14, 1999
EFFECTIVE July 1, 1999

H.B. 99-1269 Workers' compensation - acts of employees reducing compensation - materially deceptive statements. Requires that workers' compensation benefits be reduced by 50% where it is shown that any injured employee willfully misled an employer concerning the employee's physical ability to perform the job, and the employee is subsequently injured on the job as a result of the physical ability about which the employee willfully misled the employer.

APPROVED by Governor April 22, 1999
EFFECTIVE
September 1, 1999
NOTE: This act shall take effect September 1, 1999, unless a referendum petition is filed during 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. If such 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.

H.B. 99-1278 Workers' compensation - cases - Colorado rules of evidence - requirements of proof. Requires that the Colorado rules of evidence and requirements of proof in workers' compensation hearings conform with those in civil nonjury cases in the district courts rather than the state administrative procedure act.

APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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