NOTE: The governor signed this measure on 6/5/2013.
      
      
      SENATE BILL 13-147
      
      
      BY SENATOR(S) Jahn, Newell;
      also REPRESENTATIVE(S) Gardner, Conti, Coram, DelGrosso, Murray,
      Saine, Scott.
      
      
      Concerning an employer's workers' compensation liability to a
           person when the person is injured while not on the
           employer's premises.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 8-41-401, amend (1)
      (a) as follows:
      
           8-41-401.  Lessor contractor-out deemed employer - liability -
      recovery. (1) (a) (I)  Any person, company, or corporation operating or
      engaged in or conducting any business by leasing or contracting out any part
      or all of the work thereof to any lessee, sublessee, contractor, or
      subcontractor, irrespective of the number of employees engaged in such
      work, shall be construed to be an employer as defined in articles 40 to 47
      of this title and shall be liable as provided in said articles to pay
      compensation for injury or death resulting therefrom to said lessees,
      sublessees, contractors, and subcontractors and their employees or
      employees' dependents, except as otherwise provided in subsection (3) of
      this section.
      
           (II)  Notwithstanding subparagraph (I) of this paragraph (a)
      and any other provision of law to the contrary, it is presumed
      that a buyer of goods is not liable as a statutory employer when
      a lessee, sublessee, contractor, or subcontractor, or their
      employee who is delivering the goods to the buyer injures himself
      or herself while not on the buyer's premises. The presumption may
      be overcome by a showing that the lessee, sublessee, contractor,
      or subcontractor, or their employee was performing a job
      function that would normally be performed by an employee of the
      buyer of the goods being delivered. Nothing in this subparagraph
      (II) creates a presumption of a statutory employer-employee
      relationship when an injury occurs on the buyer's premises.
      
           (III)  For the purposes of this section, a "statutory employer"
      is an employer who is responsible to pay workers' compensation
      benefits pursuant to subparagraph (I) of this paragraph (a).
      
           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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO