(1) Whenever any public works project financed in whole or in part by funds of the state, counties, school districts, or municipalities of the state of Colorado are undertaken in this state, Colorado labor shall be employed to perform at least eighty percent of the work. The governmental body financing a public works project shall waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor to perform the work of the project and if compliance with this article would create an undue burden that would substantially prevent a project from proceeding to completion. A governmental body that allows a waiver pursuant to this subsection (1) shall post notice of the waiver and a justification for the waiver on its website. A governmental body shall not impose contractual damages on a contractor for a delay in work due to the waiver process.
(2) As used in this article 17:
"Colorado labor" means any person who is a resident of the state of Colorado, at thetime of the public works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.
"Public works project" has the same meaning as "public project" as defined in section 24-103-908 (1).
Source: L. 33: p. 660, § 1. CSA: C. 138, § 263. L. 39: p. 473, § 1. CRS 53: § 80-21-1. C.R.S. 1963: § 80-18-1. L. 77: Entire section amended, p. 446, § 1, effective May 26. L. 2008: Entire section amended, p. 1599, § 12, effective May 29. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1395, § 2, effective May 24. L. 2015: (2)(b) amended, (SB 15-264), ch. 259, p. 942, § 8, effective August 5. L. 2017: IP(2) and (2)(b) amended, (HB 17-1051), ch. 99, p. 349, § 60, effective August 9.
Cross references: (1) For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) In 2013, this section was amended by the "Keep Jobs In Colorado Act of 2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.