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SB 25-128

Agricultural Worker Service Providers Access Private Property

2025 Regular Session Introduced by Judy Amabile and 28 co-sponsors

The bill narrows physical access rights to private farm property, preserving remote access for agricultural workers and prohibiting new physical entry rights.

Governor Signed
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Bill Summary · SB 25-128

SB 25-128 — Agricultural Worker Service Providers Access Private Property

Status: Governor signed (effective May 29, 2025)
Introduced: February 5, 2025

Overview / Purpose

SB 25-128 amends Colorado law to address provisions of Senate Bill 21-087 that the U.S. Supreme Court in Cedar Point Nursery v. Hassid (594 U.S. 139 (2021)) found to effect a per se physical taking of private property by appropriating a right of access. The bill removes or narrows those access provisions to align state law with the Cedar Point decision while preserving certain non-physical access (remote communications) for agricultural workers.

Background

  • SB 21-087 originally barred employers from interfering with agricultural workers’ reasonable access to “key service providers,” including allowing third parties onto employer property to meet with workers during uncompensated time.
  • In Cedar Point Nursery the Supreme Court held that such an access right appropriated an owner’s right to exclude and therefore constituted a per se taking requiring compensation.
  • SB 25-128 responds by removing or restricting any state-law appropriation of third-party physical access to privately owned employer property.

Key Provisions

  • Amends Colorado Revised Statutes § 8-13.5-202 (1)(b) and (1)(c):
    • Prohibits employers from interfering with worker access to key service providers at locations other than the employer’s property (as before), but:
    • Explicitly permits agricultural workers to have reasonable access to key service providers through remote channels (including telehealth) while on an employer’s property.
    • Defines “employer’s property” to mean property in which the employer holds an ownership or possessory interest or a right to exclude.
    • Authorizes the Division of Labor Standards and Statistics (CDLE) to adopt rules about additional times employers may not interfere with access — but bars the Division from adopting rules that:
    • Appropriate a right of physical access to employer private property (beyond locations expressly authorized), and
    • Conflict with the common-law right of individuals to enter private property in an emergency.
  • Applies to conduct occurring on or after the act’s effective date.

Who Is Affected

  • Agricultural employers (owners/operators of farm and ranch property) — retain the right to exclude third parties from private property except where law expressly authorizes access.
  • Agricultural workers — retain protections for access to service providers off employer property and gain explicit protection for remote/telehealth access while on employer property.
  • Key service providers (including health-care providers, advocates, and others) — physical access to private employer property is limited; remote service delivery is protected.
  • State agencies (CDLE, Departments of Labor, Agriculture, Law) — rulemaking and enforcement responsibilities adjusted; minimal workload change.

Fiscal & Administrative Impact

  • Final fiscal note (Legislative Council Staff, July 31, 2025): minimal ongoing workload impacts for state agencies; no change in state revenue or appropriations; 0.0 FTE change.

Timeline & Legislative Status

  • Introduced in Senate: Feb 5, 2025
  • Passed Senate (third reading): Mar 7, 2025
  • Passed House (third reading): Apr 21, 2025
  • Sent to Governor: May 6, 2025
  • Governor signed: May 29, 2025 (effective date)

Sponsors (selected)

Primary sponsors: Sen. Byron Pelton; Rep. Karen McCormick; Rep. Ty Winter; Sen. Dylan Roberts. Multiple cosponsors listed in both chambers.

For more detail, see the enacted changes to Colorado Revised Statutes § 8-13.5-202 and the Legislative Council fiscal notes (Initial and Final).

Compiled from official sources — confirm details with the bill’s official record.

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