Bill > SB128

This bill addresses the legal framework for agricultural workers' access to service providers on private property, primarily in response to a 2021 Supreme Court ruling in Cedar Point Nursery v. Hassid. The bill revises previous legislation (Senate Bill 21-087) by modifying key provisions that allowed agricultural workers to access service providers on an employer's private property. Specifically, the bill removes language that previously required employers to allow key service providers (like healthcare professionals) to access workers on private land, citing the Supreme Court's determination that such mandated access constitutes a "per se physical taking" of property rights. The bill now restricts service provider access to locations other than the employer's property and allows only remote access (such as telehealth) on private property. It also limits the state division's rulemaking authority, preventing the adoption of regulations that would infringe on employers' private property rights or mandate third-party access without permission. The legislative declaration emphasizes that both the U.S. and Colorado constitutions protect property owners from uncompensated takings, and the bill aims to align existing law with this constitutional principle. The changes apply to conduct occurring on or after the bill's effective date.

Agriculture and Natural Resources

https://leg.colorado.gov/bills/sb25-128