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Senate passes bill narrowing unfettered access to agricultural workers after Supreme Court ruling
Summary
The Senate amended and approved Senate Bill 128 to limit automatic employer-property access for service providers to agricultural employees, citing a 2021 U.S. Supreme Court decision; sponsors said the change is legally necessary, while some lawmakers — including the original author of the 2021 access law — voted no.
DENVER — The Colorado Senate on March 6 approved Senate Bill 128, a measure that narrows statutory language giving service providers access to agricultural employees on employer property after a 2021 U.S. Supreme Court ruling raised constitutional questions.
Supporters said the bill repairs a statutory conflict with federal takings law. "This is not a bill that we're here excited to run, but it is one that I think is legally necessary for the Senate and the legislature to consider," said Senator Roberts, sponsor, referring to the 2021 Supreme Court decision involving property access. Roberts said the measure, as amended, restores protections for employees while adding guardrails to avoid an "unfettered" access rule that could be unconstitutional.
The bill returned some language to statute and added provisions in the adopted amendment (L004) that: restore subsection (a) protecting employees' access to key service providers at housing; permit remote access (for example, Zoom or telephone) while an employee is on the employer's property; and clarify that access may be provided at any time during an emergency. Sponsor Roberts said the amendment followed negotiations with agricultural and worker representatives and moved many former opponents to neutral.
Opponents argued the legislation rescinds some of the practical protections the original 2021 statute provided to vulnerable workers who often live where they work and lack transportation or paid leave. "I still feel strongly that we have an obligation to these workers that we need to follow through with the original intent of the bill," said Senator Danielson, who explained she would vote no because she authored the 2021 protections and remained concerned about lifting access rights.
Senators asked whether leaving the issue to state courts would risk broader rulings. Roberts cited the 2021 Cedar Point case and warned a narrow court appeal could produce broader consequences for workers statewide if the legislature did not act.
After debate the Senate adopted amendment L004 and the bill. The chamber then approved final passage; the clerk announced, "The ayes have it and Senate Bill 128 is adopted." The record in the transcript does not list a roll-call tally for final passage in the excerpt provided.
Why it matters: The bill alters how and when service providers can meet with agricultural employees on private property, balancing worker access to services and property-rights concerns raised by federal court precedent. Lawmakers said the changes aim to avoid an outcome that could be more restrictive for workers if courts interpret the issue broadly.
What's next: The bill, as amended and passed by the Senate, will proceed to the next stage in the legislative process (the House) for consideration there.
