Senate advances bill to protect newspaper delivery contractors despite labor opposition

Senate Bill 91 moved through the Colorado Senate on April 28 after robust debate about how to treat newspaper delivery workers.

Sponsor Senator Snyder framed the bill as a narrow statutory response to court rulings and administrative-law tests used in cases such as those involving the Denver Post. Snyder said committee members drafted a strike-below amendment to codify criteria judges have used when distinguishing independent contractors from employees, with the explicit goal of preserving small, locally operated delivery models favored by many deliveries and smaller publishers.

Opponents, led in floor remarks by Senator Gonzales, argued the bill risks enabling corporate owners to maintain models that circumvent worker protections. "If we start to shift the statutes... what's then to stop the next industry?" Gonzales asked, characterizing the measure as favoring owners over workers. Senator Schneider replied on the floor that the Denver Post itself was not a sponsor and said lawmakers had discussed the concerns with labor and delivery workers; Schneider said committee language incorporated suggested labor protections but that they had not been able to secure union support.

Supporters including Senators Cutter and Liston stressed the bill's narrow purpose to preserve independent-delivery business models and keep small local papers viable. Cutter said local papers face an existential threat and that classifying delivery workers as employees in every case could be financially ruinous for those publishers; Liston added anecdotes about long-serving independent delivery people and urged colleagues to protect that model.

Outcome: The committee reports were adopted on the floor and the Senate adopted SB91 on second reading; the transcript records the adoption by voice vote and the bill was placed on the calendar for third reading and final passage.