1997
HOUSE BILL 971100
BY REPRESENTATIVES C. Berry, Anderson, Arrington, Dean, Lamborn, Paschall, Pfiffner, Schauer, Schwarz, Sinclair, and Young;
also SENATORS Schroeder and Tebedo.
CONCERNING A PROHIBITION ON LOCAL GOVERNMENTS ENACTING
CERTAIN LOCAL LABOR LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 83102
(1), Colorado Revised Statutes, 1986 Repl. Vol., is amended BY
THE ADDITION OF A NEW PARAGRAPH to read:
83102. Legislative declaration
matter of statewide concern prohibition on local
enactments. (1) The public
policy of the state as to employment relations and collective
bargaining, in the furtherance of which this article is enacted,
is declared to be as follows:
(g) (I) THE GENERAL ASSEMBLY HEREBY
FINDS AND DETERMINES THAT THE MATTERS CONTAINED IN THIS ARTICLE
HAVE IMPORTANT STATEWIDE RAMIFICATIONS FOR THE LABOR FORCE IN
THIS STATE. THE GENERAL ASSEMBLY, THEREFORE, DECLARES THAT THE
MATTERS CONTAINED IN THIS ARTICLE ARE A MATTER OF STATEWIDE CONCERN.
(II) NO UNIT OF LOCAL GOVERNMENT, WHETHER
BY ACTING THROUGH ITS GOVERNING BODY OR AN INITIATIVE, A REFERENDUM,
OR ANY OTHER PROCESS, SHALL ENACT ANY JURISDICTIONWIDE LAWS
WITH RESPECT TO THE MATTERS CONTAINED IN THIS ARTICLE, UNLESS
OTHERWISE SPECIFICALLY AUTHORIZED BY ANY PROVISIONS CONTAINED
IN THIS ARTICLE. UNITS OF LOCAL GOVERNMENT MAY ENACT SUCH PROVISIONS
WITH RESPECT TO THE EMPLOYEES OF SUCH LOCAL GOVERNMENTS OR IN
RESPECT TO ANY CONTRACT, LEASE, FRANCHISE, OR OTHER AGREEMENT
ENTERED INTO BY ANY SUCH LOCAL GOVERNMENT.
SECTION 2. 86101,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
86101. Legislative declaration
minimum wage of workers matter of statewide concern
prohibition on local minimum wage enactments.
(1) The welfare of the state of Colorado demands that
workers be protected from conditions of labor which have a pernicious
effect on their health and morals, and it is therefore declared,
in the exercise of the police and sovereign power of the state
of Colorado, that inadequate wages and unsanitary conditions of
labor exert such pernicious effect.
(2) THE GENERAL ASSEMBLY HEREBY FINDS
AND DETERMINES THAT ISSUES RELATED TO THE WAGES OF WORKERS IN
COLORADO HAVE IMPORTANT STATEWIDE RAMIFICATIONS FOR THE LABOR
FORCE IN THIS STATE. THE GENERAL ASSEMBLY, THEREFORE, DECLARES
THAT THE MINIMUM WAGES OF WORKERS IN THIS STATE ARE A MATTER OF
STATEWIDE CONCERN.
(3) (a) NO UNIT OF LOCAL GOVERNMENT,
WHETHER BY ACTING THROUGH ITS GOVERNING BODY OR AN INITIATIVE,
A REFERENDUM, OR ANY OTHER PROCESS, SHALL ENACT ANY JURISDICTIONWIDE
LAWS WITH RESPECT TO MINIMUM WAGES. UNITS OF LOCAL GOVERNMENT
MAY SET MINIMUM AND PREVAILING WAGES PAID TO THE EMPLOYEES OF
SUCH LOCAL GOVERNMENTS OR PAID BY AN EMPLOYER PURSUANT TO THE
REQUIREMENTS OF ANY CONTRACT, LEASE, FRANCHISE, OR OTHER AGREEMENT
WITH ANY SUCH LOCAL GOVERNMENT.
(b) AS USED IN THIS SECTION, "PREVAILING
WAGES" MEANS, FOR EACH CLASS OF WORK, THE RATE OF PAY CURRENTLY
AND MOST COMMONLY PAID TO WORKERS PERFORMING SUCH CLASS OF WORK
IN THAT LOCAL GOVERNMENT AND THE OVERTIME AND OTHER BENEFITS CURRENTLY
AND MOST COMMONLY GRANTED TO SUCH WORKERS IN THAT LOCAL GOVERNMENT.
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO