PASSED! Bills to Enhance Equity for Marginalized Communities in Colorado 

Legislation would eliminate the subminimum wage for those with intellectual & developmental disabilities & increase access to higher-ed for Indigenous Coloradans

DENVER, CO - Today, the Senate unanimously passed two bills to protect and broaden the rights of Colorado’s Indigenous and IDD communities. 

SB21-039, a bill sponsored by Senator Rachel Zenzinger that would eliminate the subminimum wage in Colorado – an unlivable wage that is legally allowed to be paid to employees with intellectual and developmental disabilities (IDD).

“Individuals with disabilities are valuable members of our communities and our economy. Paying them a lower wage than their counterparts for doing the same work is an unfair and discriminatory practice that must end,” said Senator Rachel Zenzinger (D-Arvada). “This bill will carefully address this inequity while ensuring that the individuals in these programs are successful in transitioning to competitive employment by meaningfully enhancing employment supports overall."

Currently, some employers hold certificates that authorize them to pay people with intellectual and developmental disabilities a subminimum wage -- currently set at 15% lower than the minimum wage. Starting this summer, the bill would prohibit any employer from hiring employees at the subminimum wage, and would require those with subminimum wage employees to submit a plan to the Colorado Department of Labor & Employment (CDLE) detailing how they plan to phase out the subminimum wage by 2025. 

SB21-029 sponsored by Majority Leader Steve Fenberg, would require public state colleges and universities to offer in-state tuition to students who are a member of an American Indian tribe with historical ties to Colorado.

“Today brings us one step closer to ensuring educational opportunities are accessible to American Indian students with tribal ties to the land we now know as Colorado,” said Majority Leader Steve Fenberg (D-Boulder). “This is an important step in appreciating the tribal nations historically tied to Colorado, as well as acknowledging Colorado’s painful history and the forced removal that has had a severely negative impact on Native nations.”

The Colorado Commission of Indian Affairs as well as History Colorado maintain the list of tribes with historic ties to Colorado – including at least 50 distinct communities. According to the United States Census Bureau population survey, approximately 19% of college-aged American Indian tribe members were enrolled in college in 2016, compared to 41% of the total college-aged population – the lowest percentage of all race and ethnicity groups surveyed.

Both bills now move to the House for further consideration. To track their progress, visit the General Assembly’s website.

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