Issues in the News

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NFIB/Colorado Legislative Update -- March 20, 2008
03/20/2008

With the Colorado General Assembly session more than half completed, there is a heightened sense of uncertainty. Currently NFIB/Colorado is either monitoring or actively lobbying more than 60 pieces of legislation. While there still seems to be a great deal of conversation concerning healthcare reform, little proactive ideas have been slow in coming. 

SB 164, Noneconomic Loss or Injury
The interesting observation is while all members seem to be singing the same "we must do something" lyrics, what is being done seems to be working against legitimate, sensible reform. One such issue is that of SB 164, a trial lawyer's golden grail.

SB 164 (Peter Groff) was heard on March 12 in the House Judiciary Committee, though a vote was not taken. Coalition members on the ground indicate that the bill is stalling a bit due to growing concern that it will increase healthcare costs and reduce healthcare availability, particularly in rural areas of the state. S.B. 164 is medical malpractice legislation that would raise the limits for noneconomic damages in medical malpractice cases to match those in other types of lawsuits. The bill also proposes that the limit be subject to potential doubling in extreme circumstances if a judge determines it is justified. Before passing the legislation, the Senate added an amendment which would essentially freeze the insurance rates set by medical malpractice insurance companies in Colorado. SB 164 is a Key Vote of opposition for NFIB. Legislators are being reminded that their voting records will reflect how they vote on 164 and be taken into account during the upcoming election season.

SB 122, Wage Transparency
S.B. 122 (Sue Windels), the Wage Transparency Act, passed out of the House (37-26) on March 17. Before S.B. 122 was passed in the Senate, NFIB/Colorado worked with the proponents to get an amendment that made it clear this bill did not apply to small businesses in Colorado. An additional amendment in the House was agreed to on behalf of the Colorado Civil Justice League to further make it clear that the bill did exempt employees of small business not covered by the federal National Labor Relations Act.

S.B. 122 is legislation that would create a new discriminatory or unfair employment practice regarding disclosure of wage information. Employers may not take action against an employee for discussing or disclosing wage information, make non-disclosure of wages a condition of employment, or otherwise deny an employee the right to disclose his or her wage information. The bill would prohibit employers from taking action against HR or management employees who disclose the wages of others in violation of company policy or discipline other employees who breach security or privacy policies. S.B. 122 now goes to the Senate for concurrence.

HB 1355, Seasonal Worker Program
NFIB/Colorado supports HB 1355 (Marsha Looper) which allows the State of Colorado to enter into agreements with foreign governments to speed up the process of the approval of seasonal agricultural workers. Colorado agriculture has reached a critical shortage of seasonal labor workers. The intent of HB 1355 is to establish a voluntary nonimmigrant agricultural seasonal worker pilot program to expedite the seasonal workers application process. Approval of workers eligible to enter the United States and the recruitment of such workers is subject to current federal requirements.

HB 1355 proponents and the bill sponsors have worked closely with NFIB/Colorado to assure the bill coincides with the results of a NFIB national ballot position. HB 1355 is Key Vote of support. Legislators are being reminded that their voting records will reflect how they vote on 164 and be taken into account during the upcoming election season.

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