Labor And Industry - Digest of Bills

Digest of Bills - 2002

LABOR AND INDUSTRY

S.B. 02-6 Workers' compensation - benefits - exposure to hepatitis C. Provides that, under the "Workers' Compensation Act of Colorado", the exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer shall be presumed to be within the course and scope of employment if:

A baseline test is provided by the employer or insurer within 5 days after the reported exposure, which must be reported by the employee within 2 days after the employee knew or reasonably should have known of the exposure;
The baseline test establishes that the employee was not infected with hepatitis C at the time of the on-the-job exposure;
The employee complies with reasonable and necessary medical procedures paid for by the employer or insurer during the 24-month period after exposure; and
The employee is determined to have hepatitis C within 24 months after the on-the-job exposure to the known or possible source.

Specifies that the exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer shall not be deemed to be within the course and scope of employment if an employer or insurer shows by a preponderance of the evidence that such exposure or contraction did not occur on the job. Requires the employer or insurer to pay for required baseline testing within 5 days after a reported on-the-job exposure to hepatitis C and for reasonable and necessary medical procedures and treatment for such exposure for 24 months after the on-the-job exposure.

Makes this act applicable to claims for workers' compensation arising on or after May 16, 2002.

APPROVED by Governor May 16, 2002
EFFECTIVE May 16, 2002

H.B. 02-1135 Workers' compensation - Colorado compensation insurance authority - name change - Pinnacol Assurance. Changes the name of the Colorado compensation insurance authority (CCIA) to Pinnacol Assurance (Pinnacol). Also renames the Colorado compensation insurance authority fund as the Pinnacol Assurance fund (fund) and changes the title of the manager of CCIA to the chief executive officer of Pinnacol.

Specifies that only the general assembly may dissolve Pinnacol and that Pinnacol shall operate as a domestic mutual insurance company. Adds 2 additional members to the Pinnacol board of directors (board). Clarifies that the existing members of the board shall continue to serve to the completion of their terms. Requires a member of the board to disclose ownership interests of at least 10% in any entity that contracts with Pinnacol.

Allows the state treasurer to continue to control and invest the moneys in the fund until there is a reasonable surplus in the fund, at which time the fund shall be transferred out of the state treasury and into the custody of the board. The board shall thereafter control the investment of the fund. Prohibits Pinnacol from acquiring or controlling any other insurer.

Specifies that all revenues, moneys, and assets of Pinnacol belong solely to Pinnacol and that the state has no claim to nor any interest in such revenues, moneys, and assets for any purpose.

Prohibits Pinnacol from refusing to insure any Colorado employer or canceling any insurance policy due to the risk of loss or the amount of premium unless specifically authorized by law.

Eliminates the existing requirement that the board post copies of rate schedules.

Deletes obsolete provisions.

APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002

H.B. 02-1235 Employment support fund - continuation beyond scheduled repeal date - repeal of funding for certain programs. Continues the existence of the employment support fund beyond its currently scheduled repeal date of July 1, 2003. Repeals funding for labor standards, labor relations, and the Colorado works grievance procedure from the employment support fund on July 1, 2003.

APPROVED by Governor April 3, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 02-1331 Employment security act - electronic communications, transactions, and records. Authorizes the division of employment and training to accept and use electronic communications, transactions, and records while administering the "Colorado Employment Security Act". Such communications, transactions, and records may include certain notices and requests and may also be used for setting or meeting certain deadlines.

APPROVED by Governor April 19, 2002
EFFECTIVE April 19, 2002

H.B. 02-1409 Petroleum storage - inspection and calibration - funding. Extends from 2003 to 2007 the repeal date of a provision that authorizes the use of moneys in the petroleum storage tank fund to cover the costs of storage tank facility inspections and meter calibrations.

APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.