Senate Committee of Reference Report
Committee on Business, Labor, & Technology
-
All text that will be removed from the bill will be indicated by strikethrough as follows:
-
This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
-
- This all capitals text would be added to law.
- This is bold & italic text that would be added to law.
April 2, 2026
After consideration on the merits, the Committee recommends the following:
SB26-091 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add 8-70-115.5 as
Page 1, Line 4follows:
Page 1, Line 58-70-115.5. Employment clarification - newspaper delivery
Page 1, Line 6and distribution - application of independent contractor test.
Page 1, Line 7(1) The employee status of an individual engaged in the
Page 1, Line 8delivery or distribution of newspapers or shopping news must be
Page 1, Line 9determined pursuant to section 8-70-115, as clarified by this
Page 1, Line 10section.
Page 1, Line 11(2) For purposes of applying subsection (1) of this section,
Page 1, Line 12operational requirements inherent to the delivery or
Page 1, Line 13distribution of newspapers or shopping news do not alone
Page 1, Line 14constitute sufficient evidence of control or direction in the
Page 1, Line 15performance of services. Such operational requirements may
Page 1, Line 16include:
Page 1, Line 17(a) Designation of a pickup location;
Page 1, Line 18(b) Assignment of a geographic route or territory;
Page 1, Line 19(c) Requirements to meet customer delivery or
Page 1, Line 20distribution deadlines;
Page 1, Line 21(d) Reasonable quality or safety standards related to
Page 1, Line 22delivery or distribution; or
Page 1, Line 23(e) Requirements to maintain confidentiality of
Page 1, Line 24subscriber or customer information.
Page 1, Line 25(3) For purposes of applying section 8-70-115 (1)(b), the
Page 1, Line 26absence of a separate business address, business registration,
Page 1, Line 27advertising, capital investment, or formal business entity or
Page 2, Line 1trade name does not, by itself, preclude a finding that an
Page 2, Line 2individual is customarily engaged in an independent trade,
Page 2, Line 3occupation, profession, or business.
Page 2, Line 4(4) Nothing in this section modifies the independent
Page 2, Line 5contractor test set forth in section 8-70-115 (1).
Page 2, Line 6SECTION 2. In Colorado Revised Statutes, 8-70-136, amend (1)
Page 2, Line 7introductory portion as follows:
Page 2, Line 88-70-136. Employment does not include - brokers.
Page 2, Line 9(1) "Employment" does not include services performed by an
Page 2, Line 10individual as a licensed real estate broker or as a direct seller engaged in
Page 2, Line 11the trade or business of selling, or soliciting the sale of, a consumer
Page 2, Line 12product in a home or in an establishment other than a permanent retail
Page 2, Line 13establishment, or as an individual engaged in the trade or business of the
Page 2, Line 14delivering or distribution of newspapers or shopping news, including any
Page 2, Line 15services directly related to such trade or business, if:
Page 2, Line 16SECTION 3. In Colorado Revised Statutes, 8-4-101, amend (5)
Page 2, Line 17as follows:
Page 2, Line 188-4-101. Definitions.
Page 2, Line 19As used in this article 4, unless the context otherwise requires:
Page 2, Line 20(5) (a) "Employee" means any person an individual, including
Page 2, Line 21a migratory laborer, performing labor or services for the benefit of an
Page 2, Line 22employer. For the purpose of this article 4, relevant factors in determining
Page 2, Line 23whether a person an individual is an employee include the degree of
Page 2, Line 24control the employer may or does exercise over the person individual
Page 2, Line 25and the degree to which the person individual performs work that is the
Page 2, Line 26primary work of the employer; except that an individual primarily free
Page 2, Line 27from control and direction in the performance of the service, both under
Page 2, Line 28his or her the individual's contract for the performance of service and
Page 2, Line 29in fact, and who is customarily engaged in an independent trade,
Page 2, Line 30occupation, profession, or business related to the service performed is not
Page 2, Line 31an "employee".
Page 2, Line 32(b) The employee status of an individual engaged in the
Page 2, Line 33delivery or distribution of newspapers or shopping news must be
Page 2, Line 34determined in accordance with sections 8-70-115 and 8-70-115.5.
Page 2, Line 35SECTION 4. Act subject to petition - effective date -
Page 2, Line 36applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 2, Line 37the expiration of the ninety-day period after final adjournment of the
Page 2, Line 38general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 2, Line 392026); except that, if a referendum petition is filed pursuant to section 1
Page 2, Line 40(3) of article V of the state constitution against this act or an item, section,
Page 2, Line 41or part of this act within such period, then the act, item, section, or part
Page 2, Line 42will not take effect unless approved by the people at the general election
Page 2, Line 43to be held in November 2026 and, in such case, will take effect on the
Page 3, Line 1date of the official declaration of the vote thereon by the governor.
Page 3, Line 2(2) This act applies to services provided on or after the applicable
Page 3, Line 3effective date of this act.".