SENATE 3rd Reading Unamended March 24, 2015 SENATE Amended 2nd Reading March 20, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0432.01 Christy Chase x2008 SENATE BILL 15-069 SENATE SPONSORSHIP Woods, Lundberg, Lambert, Holbert, Cooke, Neville T., Marble, Baumgardner, Balmer HOUSE SPONSORSHIP Priola, Everett, Navarro, Neville P., Nordberg, Ransom, Tate, Thurlow, Van Winkle, Willett Senate Committees House Committees Business, Labor, & Technology Appropriations A BILL FOR AN ACT Concerning the repeal of the "Job Protection and Civil Rights Enforcement Act of 2013", and, in connection therewith, reducing an appropriation. 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.) In 2013, the general assembly enacted HB13-1136, the "Job Protection and Civil Rights Enforcement Act of 2013" (act), which established compensatory and punitive damage remedies, as well as front pay, for a person who proves that an employer engaged in a discriminatory or unfair employment practice under state law. These remedies were created in addition to equitable relief, such as back pay, reinstatement, or hiring, that was already available to employment discrimination victims. Additionally, the act: Expanded age discrimination claims under state law to persons 70 years of age or older; Authorized the use of moneys in the risk management fund to pay claims for compensatory damages against the state or its officials or employees; and Required the state civil rights commission to create a volunteer working group to assist in education and outreach efforts and provide the commission with information to post on its web site regarding educational resources available to employers to help them understand and comply with antidiscrimination laws. With the exception of the expansion of age-based discrimination claims to individuals who are 70 years of age or older, the bill repeals all components of the act and restores the equitable relief remedies that were available to employment discrimination victims making claims under state law prior to the passage of the act. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, 24-34-405 as follows: 24-34-405. Relief authorized. (1) In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent that engaged in an unfair or discriminatory employment practice to take any of the following affirmative actions, as applicable: (a) Pay back pay; (b) Hire, reinstate, or upgrade employees, with or without back pay; (c) Refer applicants for employment, if the respondent is an employment agency; (d) Restore membership in a labor organization, if the respondent is a labor organization; (e) Admit to or continue enrollment in an apprenticeship program, on-the-job training program, or a vocational school; (f) Post notices; or (g) Make reports of the manner of compliance. (2) The commission may order the remedies specified in subsection (1) of this section singly or in any combination. SECTION 2. In Colorado Revised Statutes, 24-30-1510, amend (3) (a) as follows: 24-30-1510. Risk management fund - creation - authorized and unauthorized payments. (3) Expenditures shall be made out of the risk management fund in accordance with subsection (1) of this section only for the following purposes: (a) To pay liability claims and expenses related thereto, to claims brought against the state, its officials, or its employees pursuant to the "Colorado Governmental Immunity Act", article 10 of this title, or claims against the state, its officials, or its employees arising under federal law, which the state is legally obligated to pay and which are compromised or settled pursuant to section 24-30-1515 or in which a final money judgment against the state has been entered; or claims for compensatory damages against the state, its officials, or its employees pursuant to section 24-34-405; SECTION 3. In Colorado Revised Statutes, 24-34-305, repeal (1) (c) (II) as follows: 24-34-305. Powers and duties of commission. (1) The commission has the following powers and duties: (c) (II) (A) In furtherance of its educational efforts to reduce instances of discriminatory or unfair employment practices, the commission shall create a volunteer working group representing both employer and employee interests, including human resource professionals, to assist in education and outreach efforts to foster understanding of and compliance with part 4 of this article. The commission may accept and expend gifts, grants, and donations to assist in its duties pursuant to this subparagraph (II). (B) The commission shall create the volunteer working group by September 1, 2013. The working group shall develop and submit to the commission, by January 1, 2014, an education and outreach plan for the commission to implement for purposes of educating employers and providing outreach regarding part 4 of the article. (C) In addition to the outreach plan required by sub-subparagraph (B) of this subparagraph (II), the working group shall compile and provide to the commission information on educational resources available to employers regarding the requirements of and compliance with part 4 of this article, including resources for employers on prevention of discriminatory employment practices. The commission shall post the information on its web site and shall make the information available in an electronic format to all state departments and agencies that interact with private businesses in the state, including the departments of labor and employment, regulatory agencies, revenue, and state and the governor's office of economic development. Those departments and agencies, within existing resources, shall post the information provided by the commission, or links to that information, on their web sites. SECTION 4. Appropriation - adjustments to 2015 long bill. (1) To implement this act, appropriations made in the annual general appropriation act for the 2015-16 state fiscal year to the department of regulatory agencies are adjusted as follows: (a) The general fund appropriation for the civil rights division, personal services is decreased by $18,220, and the related FTE is decreased by 0.4 FTE; and (b) The general fund appropriation for the executive director's office and administrative services, legal services is decreased by $7,655. (2) To implement this act, the reappropriated funds made in the annual general appropriation act for the 2015-16 state fiscal year to the department of law for legal services to state agencies is decreased by $7,655. This appropriation is from reappropriated funds received from the department of regulatory agencies. SECTION 5. Effective date - applicability. This act takes effect upon passage and applies to causes of action alleging discriminatory or unfair employment practices accruing on or after said date. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.