| AI Summary |
The bill repeals specific provisions of Colorado state law that previously governed access rights for key service providers to agricultural workers on private property. This action is in response to the U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid (2021), which determined that granting third-party access to private agricultural property constitutes a per se physical taking, thereby requiring just compensation under the Fifth and Fourteenth Amendments. Consequently, the Colorado General Assembly has identified similar provisions in its laws as unconstitutional and unenforceable, leading to their repeal.
The repealed provisions had been part of Senate Bill 21-087, known as the Agricultural Workers' Rights law, enacted in June 2021. This law aimed to enhance labor protections for agricultural workers, including ensuring their access to key service providers such as healthcare workers, legal advocates, and educators. However, following the Cedar Point Nursery ruling, these access provisions were challenged legally, with opponents arguing that they infringed upon property owners' rights by allowing unauthorized entry onto private land.
By repealing these specific access provisions, the bill seeks to align Colorado's statutes with constitutional requirements, balancing the property rights of agricultural employers with the need to protect workers' access to essential services.
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