HOUSE
                       3rd Reading Unamended
       April 27, 2016          HOUSE
       Amended 2nd Reading
                      April 25, 2016 Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 16-0049.01 Kristen Forrestal x4217HOUSE BILL 16-1347
                    HOUSE SPONSORSHIP
 Danielson, 
 
                   SENATE SPONSORSHIP
 Ulibarri, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the release of information concerning an
            employer's violation of wage laws by the division of
            labor in 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.)
       
            Current law requires employers to release requested information
       to the division of labor in the department of labor and employment
       (division) and allows the division to have access to employers' premises
       and all books, records, and payrolls of employers. Current law also
       prohibits the release of any of this information obtained by the division
       if the release of the information might reveal a trade secret. The bill
       clarifies that information obtained by the division that relates to a finding
       of a violation of wage laws by the division is not confidential and shall be
       released to the public or for use in a court proceeding, unless the director
       makes a determination that the information includes specific information
       that is a trade secret.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 8-1-115 (1)
       as follows:
            8-1-115.  Information not public - penalty for divulging.
       (1) (a)  The information contained in the reports lawfully required to be
       furnished by the employer in section 8-1-114, such other information as
       may be furnished to the division by employers and employees in
       pursuance of the provisions of this article, and such information obtained
       through inspections or other proceedings of this article which might
       reveal that reveals a trade secret shall be is for the exclusive use and
       information of said the division in the discharge of its official duties. An
       employer  may designate information submitted to the division
       as proprietary, a trade secret, or privileged information in
       accordance with section 24-72-204, C.R.S., as long as the
       director is not bound by the employer's designation. The director
       may treat and file the information or any part thereof of the
       information as confidential, and, when so treated or filed by the
       director, the same shall be considered to be information is confidential,
       information for the sole use of the division, and shall not be open to the
       public nor to be used in any court in any action or proceeding pending
       therein unless the division is a party to such the action or proceeding.
       The court shall issue such orders as may be appropriate to protect the
       confidentiality of trade secrets. The information contained in this a report
       may be tabulated and published by the division in statistical form for the
       use and information of other state departments and the public.
            (b)  Notwithstanding paragraph (a) of this subsection (1),
       the division shall treat any notice of citation or notice of
       assessment issued to an employer for violation of a wage law,
       including a violation of section 8-4-111 (2) (c), after all remedies
       have been exhausted pursuant to section 8-4-111.5, as a public
       record and shall release the information to the public upon
       request pursuant to the "Colorado Open Records Act", part 2 of
       article 72 of title 24, C.R.S., unless the director makes a
       determination that the information       is a trade secret. Before
       releasing any information relating to the violation of a wage
       law, the director shall notify the employer of the potential
       release of the information. The employer then has twenty days
       to provide the director with further documentation
       demonstrating that the information, or specific matters
       included in the information, is a trade secret. If the director, in
       the director's discretion, determines that the information, or
       any portion of the information, is a trade secret, the director
       shall treat the information as confidential under this
       subsection (1). For purposes of this paragraph (b), "trade secret"
       has the same meaning as set forth in section 7-74-102 (4), C.R.S.
            SECTION 2.  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.