The 2025 general appropriations act is amended to balance and make adjustments to the total amount appropriated to the department of labor and employment. The general fund and reappropriated funds portions of the appropriation are decreased and the cash funds and federal funds portions are increased.(Note: This summary applies to this bill as enacted.)
The act requires, beginning July 1, 2027, a private entity conducting business in the state that employs 100 or more workers (employer) to include demographic workforce data collected through the United States equal employment opportunity commission's 'Employer Information Report' (EEO-1 data) in periodic reports to the secretary of state. An employer is required to provide the EEO-1 data to the secretary of state even if the federal government repeals or discontinues the federal requirement to submit the EEO-1 data to the United States equal employment opportunity commission.(Note: This summary applies to this bill as enacted.)
The bill prohibits a transportation network company (TNC) from retaining more than 20% of a consumer fare paid for a driver's completion of a transportation task through the TNC's digital platform. 'Consumer fare' is defined in the bill as the amount a consumer pays for a transportation task, excluding tips, and pass-throughs such as payments for tolls, taxes, airport fees, and payments for a certified driver support organization . The amount that a TNC excludes from a consumer fare payment for a certified driver support organization must not exceed the per-task amount determined by rule and must be remitted to the certified driver support organization. Pass-throughs must be paid to the driver. A TNC is also not allowed to impose a fee on a TNC driver unless the amount of the fee plus the amount that the TNC retains from a consumer fare does not exceed 20% of the consumer fare. The bill adds disclosures regarding airport fees, pass-throughs, taxes, and payments for a driver support organization to be added to periodic disclosures TNCs make to the division of labor standards and statistics in the department of labor and employment and changes the frequency of the disclosures from semi-annual reporting to annual reporting. Finally, the bill applies the same process to complaints against TNCs concerning violations of disclosure and deactivation policy requirements as the process that is applied to wage complaints.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With certain exceptions, the act prohibits an employer or an employer's agent from demanding, confiscating, retaining, or otherwise requiring an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity, including a migrant worker or seasonal employee, to surrender the individual's government-issued identification card. A person that knowingly violates the act's prohibition commits criminal possession of an identification document, which is a class 2 misdemeanor. A person commits a bias-motivated crime if, with the intent to intimidate or harass another individual, in whole or in part, because of that individual's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the person:Violates the act's prohibitions; orProvides, or threatens to provide, an individual's government-issued identification document to federal immigration authorities, except where required or permitted by state or federal law. Such a bias-motivated crime is a class 1 misdemeanor, and a victim may seek additional remedies available under law.(Note: This summary applies to this bill as enacted.)
Surveillance data is defined in the act as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behaviors, or biometrics of an individual or group, band, class, or tier to which the individual belongs. The definition of 'worker' in the act excludes federal and state employees and employees of public entities. The act prohibits discrimination against a consumer or worker resulting from the use of a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor in:Individualized price setting used to determine the amount charged to a consumer; orIndividualized wage setting used to determine the wage offered to a worker. The act specifies activities that are not individualized price or wage setting, as well as exemptions from the prohibition on price or wage setting. A person has not engaged in individualized price setting if the person can demonstrate, as described in the act, that differential prices are:Based on differences in the cost in providing a good or service to different consumers, such as delivery distance or temporal differences, such as ride or delivery time;Based on publicly disclosed eligibility criteria to all persons that meet the criteria, such as consumers purchasing in volume, or to all members of a broadly defined group of consumers, such as teachers;Afforded on equal terms to all participants in a loyalty, membership, or rewards program or are offered in response to a consumer complaint, service disruption, request for account cancellation, or similar reason;Offered pursuant to a specified needs-based discount program for reduced pricing related to income or financial need, such as hospital discounted care;Based on a subscription or other continuous agreement that includes a monthly or other recurring price that was not informed by a PWSA; orBased on a refusal to extend credit on specific terms or to enter into a financial transaction based on a consumer's data in a consumer report or data required as part of the application for the financial transaction. A person has not engaged in individualized wage setting if the person can demonstrate, as described in the act, that the person offers individualized wages based solely on data specific to an individual worker that is directly related to worker seniority or the tasks the worker was required to perform, and the person discloses to the worker before hiring, and to all workers whose wages are set in whole or in part by a PWSA, what data is considered and how the PWSA considers the data. A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of all data considered by the PWSA, for workers to request and receive information about what data is collected, and to correct or challenge data considered by a PWSA. A violation of the prohibition against individualized price or wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act' and is subject to the enforcement provisions and remedies provided in that act.(Note: This summary applies to this bill as enacted.)
Under current law, only individuals of certain ages may qualify for the federal or state earned income tax credit. The federal "American Rescue Plan Act of 2021" temporarily lowered the minimum age requirement and removed the maximum age requirement for the federal earned income tax credit. In 2021, the lowered minimum age requirement was adopted for the state earned income tax credit (credit) indefinitely. For tax years commencing on or after January 1, 2028, the bill adopts the removal of the maximum age requirement for the credit indefinitely. An individual who claims the credit as a result of the bill may claim the credit in an amount determined in the same manner as an individual who claims the credit as a result of the prior adoption of the lowered minimum age requirement.(Note: This summary applies to this bill as introduced.)
The act includes approved facility schools in the definition of 'employer' for purposes of the public employees' retirement association (PERA) and allows an approved facility school to apply to the PERA board to affiliate with PERA.(Note: This summary applies to this bill as enacted.)
The act establishes a first and preferred opportunity for available employment for coal transition workers in coal transition communities (hiring preference). A business entity located in a coal transition community that is engaged in the business of constructing or operating railroads, utilities, energy generation facilities, or advanced manufacturing facilities (covered business) is required to comply with the hiring preference. A covered business does not include the state government or a local government. A covered business is required to make good faith efforts to provide a hiring preference to a coal transition worker who meets the qualifications for an employment position (qualified coal transition worker). A covered business may hire an individual who is not a qualified coal transition worker only if a qualified coal transition worker did not apply for employment with the covered business, each qualified coal transition worker declined a job offer from a covered business, or a qualified coal transition worker's qualifications did not meet the qualifications of other candidates for the same job. If a qualified coal transition worker applies for employment with a covered business, the covered business is required to report specified information annually to the just transition office. The executive director is required to adopt policies and procedures to implement the act. A hiring preference does not apply if a covered business places an existing employee in another employment position with the covered business or to the extent that a hiring preference conflicts with the terms of a collective bargaining agreement that applies to the relationship between a covered business and its employees. Currently, a public entity is not allowed to invest public funds in certain types of investments, such as equity instruments, instruments convertible to equity, or equity interests, or to deposit public funds with any person except certain depository institutions, which are primarily banks. The act authorizes a public entity to deposit or invest, either directly or through an investment firm or other third party authorized by the public entity, public funds from a payment or settlement that the public entity has received to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station in any investment permitted by an investment policy approved by the public entity.(Note: This summary applies to this bill as enacted.)
Existing law allows voters to circulate a petition for a ballot question requiring a local government to engage in collective bargaining with the fire department for the local government and extend coverage of the 'Colorado Firefighter Safety Act' to firefighters employed by the local government (question). The question may be added to the ballot for any general election, as defined in the 'Colorado Firefighter Safety Act'. The act changes the definition of a general election for the purpose of determining when a question may be added to the ballot to include a coordinated election as defined in the 'Uniform Election Code of 1992'. The act also changes the definition of a general election to refer to a regular municipal election rather than a general municipal election to align the language with other municipal elections law.(Note: This summary applies to this bill as enacted.)
The bill authorizes a county or municipality (local government), after approval by the electors of the local government, to impose an excise or a property tax, or both, on vacant residential properties within the boundaries of the local government (local taxes on vacant residential properties) ( sections 1 and 3 of the bill). A local government may use the revenues collected from either tax only for affordable, attainable, or workforce housing. A county assessor has no duty in implementing local taxes on vacant residential properties, but in an assessor's discretion, the assessor may assist by providing data and information to a local government or local housing tax authority, and may enter into an intergovernmental agreement that provides for compensation in exchange for the assessor's assistance.The bill also creates a process for the creation of a local housing tax authority (authority) by intergovernmental agreement to allow 2 or more counties, cities and counties, or municipalities to form a joint taxing authority to collectively establish, levy, collect, and enforce local taxes on vacant residential properties within the boundaries of the authority ( section 2 ).(Note: This summary applies to this bill as introduced.)
