Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0727.01 Renee Leone x2695 SENATE BILL 26-091
Senate Committees House Committees
Business, Labor, & Technology
Appropriations
A BILL FOR AN ACT
CONCERNING ADDING THE EXCLUSION OF CERTAIN PRINTED NEWS101
DELIVERERS FROM THE DEFINITION OF "EMPLOYEE" IN THE102
"COLORADO EMPLOYMENT SECURITY ACT" TO OTHER STATE103
LABOR LAWS.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The "Colorado Employment Security Act" excludes certain
individuals engaged in the trade or business of delivering or distributing
newspapers or shopping news from the definition of "employee". The bill
SENATE
3rd Reading Unamended
April 29, 2026
SENATE
Amended 2nd Reading
April 28, 2026
SENATE SPONSORSHIP
Snyder and Cutter,
HOUSE SPONSORSHIP
Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
adds the same exclusion to the "Workers' Compensation Act of
Colorado", the "Paid Family and Medical Leave Insurance Act", and
provisions concerning wages.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 8-70-115.5 as2
follows:3
8-70-115.5. Employment clarification - newspaper delivery4
and distribution - application of independent contractor test.5
(1) THE EMPLOYEE STATUS OF AN INDIVIDUAL ENGAGED IN THE6
DELIVERY OR DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS MUST BE7
DETERMINED PURSUANT TO SECTION 8-70-115, AS CLARIFIED BY THIS8
SECTION.9
(2) FOR PURPOSES OF APPLYING SUBSECTION (1) OF THIS SECTION,10
OPERATIONAL REQUIREMENTS INHERENT TO THE DELIVERY OR11
DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS DO NOT ALONE12
CONSTITUTE SUFFICIENT EVIDENCE OF CONTROL OR DIRECTION IN THE13
PERFORMANCE OF SERVICES . SUCH OPERATIONAL REQUIREMENTS MAY14
INCLUDE:15
(a) DESIGNATION OF A PICKUP LOCATION;16
(b) ASSIGNMENT OF A GEOGRAPHIC ROUTE OR TERRITORY;17
(c) R EQUIREMENTS TO MEET CUSTOMER DELIVERY OR18
DISTRIBUTION DEADLINES;19
(d) REASONABLE QUALITY OR SAFETY STANDARDS RELATED TO20
DELIVERY OR DISTRIBUTION; OR21
(e) R EQUIREMENTS TO MAINTAIN CONFIDENTIALITY OF22
SUBSCRIBER OR CUSTOMER INFORMATION.23
(3) F OR PURPOSES OF APPLYING SECTION 8-70-115 (1)(b), THE24
091-2-
ABSENCE OF A SEPARATE BUSINESS ADDRESS , BUSINESS REGISTRATION ,1
ADVERTISING, CAPITAL INVESTMENT , OR FORMAL BUSINESS ENTITY OR2
TRADE NAME DOES NOT , BY ITSELF , PRECLUDE A FINDING THAT AN3
INDIVIDUAL IS CUSTOMARILY E NGAGED IN AN INDEPENDENT TRADE ,4
OCCUPATION, PROFESSION, OR BUSINESS.5
(4) N OTHING IN THIS SECTION MODIFIES THE INDEPENDENT6
CONTRACTOR TEST SET FORTH IN SECTION 8-70-115 (1).7
SECTION 2. In Colorado Revised Statutes, 8-70-136, amend (1)8
introductory portion as follows:9
8-70-136. Employment does not include - brokers.10
(1) "Employment" does not include services performed by an11
individual as a licensed real estate broker or as a direct seller engaged in12
the trade or business of selling, or soliciting the sale of, a consumer13
product in a home or in an establishment other than a permanent retail14
establishment, or as an individual engaged in the trade or business of the15
delivering or distribution of newspapers or shopping news, including any16
services directly related to such trade or business, if:17
SECTION 3. In Colorado Revised Statutes, 8-4-101, amend (5)18
as follows:19
8-4-101. Definitions.20
As used in this article 4, unless the context otherwise requires:21
(5) (a) "Employee" means any person AN INDIVIDUAL, including22
a migratory laborer, performing labor or services for the benefit of an23
employer. For the purpose of this article 4, relevant factors in determining24
whether a person AN INDIVIDUAL is an employee include the degree of25
control the employer may or does exercise over the person INDIVIDUAL26
and the degree to which the person INDIVIDUAL performs work that is the27
091-3-
primary work of the employer; except that an individual primarily free1
from control and direction in the performance of the service, both under2
his or her THE INDIVIDUAL'S contract for the performance of service and3
in fact, and who is customarily engaged in an independent trade,4
occupation, profession, or business related to the service performed is not5
an "employee".6
(b) THE EMPLOYEE STATUS OF AN INDIVIDUAL ENGAGED IN THE7
DELIVERY OR DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS MUST BE8
DETERMINED IN ACCORDANCE WITH SECTIONS 8-70-115 AND 8-70-115.5.9
SECTION 4. Act subject to petition - effective date -10
applicability. (1) This act takes effect at 12:01 a.m. on the day following11
the expiration of the ninety-day period after final adjournment of the12
general assembly (August 12, 2026, if adjournment sine die is on May 13,13
2026); except that, if a referendum petition is filed pursuant to section 114
(3) of article V of the state constitution against this act or an item, section,15
or part of this act within such period, then the act, item, section, or part16
will not take effect unless approved by the people at the general election17
to be held in November 2026 and, in such case, will take effect on the18
date of the official declaration of the vote thereon by the governor.19
(2) This act applies to services provided on or after the applicable20
effective date of this act.21
091-4-