First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0663.01 Kristen Forrestal x4217HOUSE BILL 15-1176
                    HOUSE SPONSORSHIP
 Tate, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business Affairs and Labor
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a limitation on audits performed by the
            department of labor and employment.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill limits the authority of the department of labor and
       employment to conduct audits or investigations to the initial purpose of
       the audit or investigation.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 8-2-122, amend (3)
       as follows:
            8-2-122.  Employment verification requirements - audits - fine
       for fraudulent documents - cash fund created - definitions. (3)  Upon
       the request of the director, an employer shall submit documentation to the
       director that demonstrates that the employer is in compliance with the
       employment verification requirements specified in 8 U.S.C. sec. 1324a
       (b) and documentation that the employer has complied with the
       requirements of subsection (2) of this section. The director or the
       director's designee may conduct random audits of employers in Colorado
       to obtain the documentation. An audit conducted pursuant to this
       section is limited to the investigation of an employer's
       compliance with the employment verification and examination
       requirements of this section. When the director has reason to believe
       that an employer has not complied with the employment verification and
       examination requirements, the director shall request the employer to
       submit the documentation.
            SECTION 2.  In Colorado Revised Statutes, 8-4-111, amend
       (2) (a) (I) introductory portion as follows:
            8-4-111.  Enforcement - duty of director - duties of district or
       city attorneys. (2) (a) (I)  If one or more employees files a wage
       complaint with the division claiming unpaid wages or compensation of
       seven thousand five hundred dollars or less per employee, exclusive of
       penalties and fines, the division shall investigate the wage complaint. The
       division shall initiate the administrative procedure by sending a notice of
       complaint to the employer by mail or electronic means in accordance with
       rules as the director may promulgate when the complaint states a claim
       for relief. The investigation of the wage complaint by the division
       is limited to the subject of the notice of the wage complaint sent
       to the employer. The notice of the complaint must include:
            SECTION 3.  In Colorado Revised Statutes, 8-70-115, add (4) as
       follows:
            8-70-115. Employment - "Federal Unemployment Tax Act".
       (4) If the division audits or investigates the employment
       classification of an employer pursuant to this section, the audit
       or investigation is limited to employment classification only.
            SECTION 4.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.