HOUSE BILL 971251
BY REPRESENTATIVES Agler, Adkins, Epps, Faatz, Sullivant, Taylor, and Young;
also SENATORS Hopper and Powers.
CONCERNING A TERMINATION OF A LICENSE TO OCCUPY PREMISES
PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN EMPLOYER AND EMPLOYEE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
4 of title 8, Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SECTION to read:
84127. Termination of occupancy
to a contract of employment legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES,
AND DECLARES THAT MANY BUSINESSES, SUCH AS NURSING HOMES OR BUILDING
MANAGEMENT COMPANIES, EITHER DESIRE OR ARE REQUIRED BY LAW, TO
HAVE STAFF ON PREMISES AT ALL TIMES. AS PART OF THE COMPENSATION
FOR SUCH EMPLOYEES, MANY EMPLOYERS OFFER HOUSING TO EMPLOYEES.
HOWEVER, ONCE THAT EMPLOYMENT RELATIONSHIP CEASES, IT MAY BECOME
UNDESIRABLE FOR SUCH EMPLOYEES TO OCCUPY THE PREMISES FOR MANY
REASONS, INCLUDING THE SAFETY OF THE EMPLOYER'S PATIENTS, CLIENTS,
CUSTOMERS, OR TENANTS. UNDER TRADITIONAL LANDLORD AND TENANT
LAW, SUCH EMPLOYEES MAY HAVE ESTABLISHED THE TECHNICAL OR LEGAL
RIGHT TO OCCUPY THE PREMISES FOR A FIXED TERM THAT CONTINUES FAR
BEYOND THE CESSATION OF THE EMPLOYMENT RELATIONSHIP. HOWEVER,
IN EMPLOYMENT SITUATIONS, SUCH OCCUPANCY IS NOT A TENANCY, BUT
A LICENSE TO OCCUPY THE PREMISES PURSUANT TO AN EMPLOYMENT RELATIONSHIP.
THE OCCUPANCY OF THE PREMISES BY THE EMPLOYEE IS NOT ENTERED
INTO BY THE EMPLOYER FOR THE PURPOSE OF PROVIDING HOUSING, BUT
MERELY AS A MEANS TO PROVIDE SERVICES TO THE EMPLOYER'S PATIENTS,
CLIENTS, CUSTOMERS, OR TENANTS. IN CERTAIN CASES, IT MAY BE NECESSARY
TO CURTAIL THE OCCUPANCY OF FORMER EMPLOYEES IN ORDER TO PROTECT
THE RIGHTS OR SAFETY OF AN EMPLOYER'S TENANTS OR PATIENTS.
(2) (a) PURSUANT TO A WRITTEN AGREEMENT
MEETING THE REQUIREMENTS OF PARAGRAPH (b) OF THIS SUBSECTION (2),
A LICENSE TO OCCUPY THE PREMISES ENTERED INTO AS PART OF AN EMPLOYEE'S
COMPENSATION MAY BE TERMINATED AT ANY TIME AFTER THE EMPLOYMENT
RELATIONSHIP CEASES BETWEEN AN EMPLOYER AND EMPLOYEE. A TERMINATION
OF A LICENSE TO OCCUPY THE PREMISES SHALL BE EFFECTIVE THREE DAYS
AFTER THE SERVICE OF WRITTEN NOTICE OF TERMINATION OF A LICENSE
TO OCCUPY THE PREMISES.
(b) AN AGREEMENT MADE PURSUANT TO THIS
SECTION SHALL BE IN WRITING AND SHALL INCLUDE THE FOLLOWING:
(I) THE NAMES OF THE EMPLOYER AND EMPLOYEE;
(II) A STATEMENT THAT THE LICENSE TO OCCUPY
THE PREMISES IS PROVIDED TO THE EMPLOYEE AS PART OF THE EMPLOYEE'S
COMPENSATION AND IS SUBJECT TO TERMINATION AT ANY TIME AFTER THE
EMPLOYMENT RELATIONSHIP CEASES;
(III) THE ADDRESS OF THE PREMISES; AND
(IV) THE SIGNATURE OF BOTH THE EMPLOYER
AND THE EMPLOYEE.
(c) THE NOTICE OF TERMINATION OF A LICENSE
TO OCCUPY THE PREMISES SHALL DESCRIBE THE PREMISES AND SHALL SET
FORTH THE TIME WHEN THE LICENSE TO OCCUPY THE PREMISES WILL TERMINATE.
THE NOTICE SHALL BE SIGNED BY THE EMPLOYER OR THE EMPLOYER'S
AGENT OR ATTORNEY.
(3) IF AN EMPLOYEE FAILS TO VACATE THE
PREMISES WITHIN THREE DAYS AFTER THE RECEIPT OF THE NOTICE OF
TERMINATION OF THE LICENSE TO OCCUPY THE PREMISES, THE EMPLOYER
MAY CONTACT A LOCAL LAW ENFORCEMENT AGENCY TO HAVE THE EMPLOYEE
REMOVED FROM THE PREMISES. THE LOCAL LAW ENFORCEMENT OFFICER
SHALL REMOVE THE EMPLOYEE AND ANY PERSONAL PROPERTY OF THE EMPLOYEE
FROM THE PREMISES UPON THE SHOWING TO THE LOCAL LAW ENFORCEMENT
OFFICER OF THE NOTICE OF TERMINATION OF THE LICENSE TO OCCUPY
THE PREMISES AND AGREEMENT PURSUANT TO WHICH THE LICENSE TO OCCUPY
THE PREMISES WAS GRANTED.
SECTION 2. Effective
date applicability. (1) 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.
(2) The provisions of this act shall apply
to agreements entered into on or after the applicable effective
date of this act.
____________________________ ____________________________
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