S.B. 03-106 Workers' compensation - third-party claims - subrogation - limits on recovery by insurer. In cases of on-the-job injury or death caused by a third party not in the same employ, allows the claimant to collect workers' compensation benefits and also sue the third party for any damages not covered under workers' compensation. Where benefits have been paid to the claimant by a workers' compensation insurer, allows the insurer to recover the amount of such benefit payments from the third party unless such recovery would be from damages awarded to the injured worker for noneconomic damages such as pain and suffering. Allows the court to reduce the insurer's recovery by the amount of the injured worker's attorney fees if the injured worker pursues a third-party claim and the insurer waits more than 90 days to intervene.
Requires notice of any such third-party claim to be given to the insurer, the third party, and the division of workers' compensation. Prohibits the compromise or settlement of any third-party claim for less than the amount of the benefits provided under the workers' compensation act without approval from the insurer. If notice is not given or approval not obtained, eliminates liability for claimant attorney fees on the portion of the settlement equal to the assigned and subrogated interest. Applies to injuries occurring on or after July 1, 2003.
APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003
S.B. 03-118 Workers' compensation - exclusion - race meet employee. Excludes a person who performs duties for more than one employer at a race meet or a horse track from the definition of "employee" for the purposes of the "Workers' Compensation Act of Colorado".
APPROVED by Governor March 20, 2003
EFFECTIVE March 20, 2003
S.B. 03-224 Workers' compensation - accreditation of physicians - medical treatment guidelines - continuation under sunset law. Continues the physician accreditation program for the purposes of workers' compensation and the medical treatment guidelines until July 1, 2004, pursuant to the provisions of the sunset law.
APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003
S.B. 03-240 Workers' compensation - independent medical examination - payment - examiner selection. Requires a party requesting an independent medical examination to settle a dispute regarding medical impairment to pay the costs of such exam except when the claimant has established that he or she is indigent.
Requires the parties selecting an independent medical examiner (IME) to select such examiner no earlier than the 14th day after the notice of a request for an independent medical examine is mailed. Requires the division of workers' compensation (division) to select 3 IMEs from its list of physicians for consideration by the parties. Allows the requesting party to strike one IME from the list of 3 IMEs, followed by the opposing party who shall then be given the same opportunity. If either party does not strike an IME from the list, allows the division to make the selection. The remaining IME shall be designated by the division to conduct the independent medical examination.
Requires the insurance carrier to provide medical records to the IME within 14 days prior to the scheduled examination. If the insurance carrier fails to provide records in a timely manner, allows the claimant to ask the division to cancel the examination or provide his or her own available records. Allows the defaulting party to supplement records submitted by the claimant.
APPROVED by Governor May 14, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-296 FY 2003-04 budget reduction bill - unemployment tax surcharge - allocation. Diverts 1/2 of the 0.22% unemployment tax surcharge from the unemployment compensation fund to the general fund. Beginning July 1, 2004, allocates such amount of the tax surcharge back to the unemployment compensation fund.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-302 FY 2003-04 budget reduction bill - workers' compensation - data collection - delay - appropriation. Delays for 2 years the authority of the commissioner of insurance to promulgate rules for collecting data and statistics regarding the workers' compensation system of Colorado and the insurance companies covering such risk. Delays for 2 years the requirement that the executive director of labor and employment collect data for the purpose of studying workers' compensation.
Reduces the appropriation to the department of regulatory agencies, division of insurance, for workers' compensation, by $67,725.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-324 Petroleum storage tank fund - environmental surcharge. Authorizes the use of moneys in the petroleum storage tank fund to administer the environmental response surcharge. Repeals prohibition on using the petroleum storage tank fund to supplant moneys received from the statewide indirect cost allocation agreement with the federal government.
Clarifies that a railroad exemption to the environmental surcharge only applies to fuel prepared for railroad equipment and locomotives. Moves back, from 2004 to 2007, the date after which the environmental response surcharge is not collected if the petroleum storage tank fund has a balance greater than $8,000,000. Changes from revenue to available fund balance the $30,000,000 limit on the amount in the petroleum storage tank fund before the environmental surcharge is not collected.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
H.B. 03-1099 Liquefied petroleum gas - administration - civil penalties - rules - fee - cash fund - appropriation. Determines that the duties of the director (director) of the division of oil and public safety (division) would be appropriately funded with a surcharge on odorized liquefied petroleum gas (propane). Finds that the surcharge will ensure that the division continues to perform its duties of protecting the public without imposing additional duties upon the director.
Deletes the duty of the director to promulgate and enforce rules regarding transporting liquefied fuel products by tank truck or tank trailer.
Deletes the authority of the district attorneys and the attorney general to sue to enforce the regulation of propane and grants such authority to the director. Authorizes the director to issue a notice of violation of the act. Allows an alleged violator to request a conference with the director within 10 days or the notice becomes final. If a conference is held, requires the director to uphold, modify, or strike the allegations and allows the director to issue an enforcement order with 20 days. Allows an adversely affected person to appeal to the executive director of the department of labor and employment. Requires such executive director to hold a hearing and resolve the dispute in accordance with the "State Administrative Procedure Act". Allows an enforcement order to impose a civil penalty not to exceed $500 per violation for each day of the violation, except that there may be a penalty not to exceed $1,000 per violation for each day the violation may result in serious bodily injury.
Deletes the authority of the general assembly to appropriate moneys from the highway users tax fund for the administration of propane.
Requires information regarding liquefied petroleum gas (LPG) storage tanks to be public information except as indicated by state or federal law.
Requires every first purchaser of propane to pay to the executive director of the department of revenue (executive director) a fee set by the executive director. Creates the LPG inspection fund to consist of such fees collected, civil penalties, general assembly appropriations, and federal moneys for the administration of the LPG inspection program. Requires the executive director to adjust the fees so the amount in the fund does not exceed a reserve needed to pay administrative costs for 2 months. Specifies how the moneys in the fund may be used.
Deletes the criminal penalties for a violation of the act.
Requires the use of propane to conform to the 2001 edition of the national fire code instead of the most current edition. Allows any changes in such code to be reviewed by the director and adopted by rule.
Prohibits the use or installation of appliances and components unless they are certified by or listed in standards established by rules of the director. Requires the director to review any standards promulgated by the gas processors association and allows their adoption by rule.
Appropriates $2,302 to the department of revenue for the implementation of the act. Appropriates $143,823 to the department of labor and employment for the implementation of the act.
APPROVED by Governor May 21, 2003
EFFECTIVE May 21, 2003
H.B. 03-1206 Wages - compensation - paycheck deductions - penalty for nonpayment of wages - payment to legal heir - legal action. Includes bonuses and vacation pay in the definition of "wages" and "compensation". Specifies that an employer is not required to provide paid vacation for an employee. Specifies that the definition of wages and compensation does not include severance pay.
Allows an employer to deduct the amount of unpaid money or the value of unreturned property from a terminated employee's paycheck if the employee has failed to properly pay or return the amount due to the employer. Clarifies that deductions below minimum wage in violation of the federal "Fair Labor Standards Act of 1938" are not authorized.
Requires an employer to pay a penalty to the employee if the employer does not mail wages or compensation due to the employee within 10 days after demand.
Requires an employer to pay wages and compensation due to a deceased employee to the employee's surviving spouse or other legal heir. Specifies that the payment to the surviving spouse or heir shall operate as a full and complete discharge of the employer's indebtedness.
Specifies that if an employer makes legal tender to an employee for an amount the employer reasonably thinks is due, the employer shall not be liable for more than the amount tendered unless a greater amount is awarded to the employee in a legal action. Requires the employee to pay court costs and attorney fees if the employee recovers an amount equal to or less than the amount tendered. Requires the employer to pay court costs and attorney fees if the employee recovers more than the amount tendered in a legal action.
Relocates statutory provisions.
APPROVED by Governor May 21, 2003
EFFECTIVE May 21, 2003
H.B. 03-1220 Public utilities - high power lines - proximity - notice. Prohibits a person from working near high voltage lines until the utility notifies such person that the lines have been cleared.
Increases the $1,000-penalty to $2,000 and imposes liability for attorney fees and prosecution costs for repeat violations of the high voltage laws. Imposes liability for damages to overhead line facilities and indemnification to the facility owner for such violations that cause contact with such lines.
Prohibits operation of a highway vehicle within 4.5 feet of a high voltage line unless appropriate safeguards are in place or the utility is notified and allowed to clear the lines or it is a Colorado department of transportation vehicle responding to emergency situations.
APPROVED by Governor April 29, 2003
EFFECTIVE April 29, 2003
H.B. 03-1221 Accessible housing - standards. Requires design criteria for residential projects for persons with disabilities to comply with the 1998 version of the "American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People".
Requires the jurisdiction responsible for enforcing residential accessibility standards to appoint a board of appeals to hear and resolve appeals concerning accessible housing. Grants responsibility for the enforcement of accessibility standards in factory-built housing and in political subdivisions with no building code to the division of housing. Grants the authority in a political subdivision with a building code to the building department of the subdivision.
Requires alterations to buildings to comply with accessibility standards unless the alteration is technically infeasible. Requires building projects to include a certain number of accessible residential units based upon the total number of units in the project.
Requires a builder to create an implementation plan that specifies the number of accessible units and guarantees their timely and evenly phased delivery. Requires approval of the plan by the jurisdiction responsible for enforcement. Requires such approval before a building permit may be issued.
APPROVED by Governor April 29, 2003
EFFECTIVE April 29, 2003
H.B. 03-1222 Workers' compensation - electronic filings - notice to claimant. Allows for electronic filing of documents with the division of workers' compensation (division). Clarifies that the rejection of an electronic filing by the division on the basis of technical errors does not invalidate the filing of the same document with another party. Eliminates the requirement that an insurer notify the division of cancellation of an employer's workers' compensation coverage.
APPROVED by Governor April 1, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1322 Workers' compensation - hearings. Authorizes a claimant to withhold filing a request for a hearing until after the completion of a division of workers' compensation's independent medical examination. Grants a claimant 30 days after the date the respondents file the revised final admission or application for hearing to file an application for a hearing or a response to the respondents' application for hearing. Specifies that both such provisions apply to injuries occurring on or after August 5, 1998.
Requires an administrative law judge to grant an extension of time for a hearing of no more than 60 days upon agreement of the parties. Requires hearings to be set by the division of administrative hearings within 80 to 100 days after a party filing an application for a hearing certifies that such party attempted to resolve all issues listed in the application for a hearing. Specifies that both such provisions apply to workers' compensation claims filed or pending on or after July 1, 2003.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1347 Employment support fund - appropriation. Eliminates the July 1, 2003, automatic repeal of the statute authorizing use of moneys in the employment support fund to fund labor standards, labor relations, and the Colorado works grievance procedure. Removes an obsolete provision pertaining to a previous transfer of moneys from the fund.
Appropriates $815,233 to the department of labor and employment for allocation to the division of labor for the implementation of the act.
APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003
H.B. 03-1349 Federal unemployment trust fund - appropriation limits. Repeals a prohibition on obligating moneys from the federal unemployment trust fund beyond a 2-year period for payment of administrative costs.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1372 Workers' compensation - Pinnacol Assurance - filings - disclosures. Deletes Pinnacol Assurance's (Pinnacol) exemption from:
● Writing workers' compensation insurance on policy forms approved by the commissioner of insurance (commissioner);
● Filing risk classifications and corresponding premiums with the commissioner; and
● Writing insurance at the rates filed with the commissioner.
Requires the business records of Pinnacol related to the surplus plan submitted to the commissioner to be disclosed to the same extent as similar records are disclosed by other insurance companies.
APPROVED by Governor June 3, 2003
EFFECTIVE July 1, 2003
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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.