H_JUD_2023A 02/14/2023 01:35:45 PM Committee Summary

Representatives Soper and Snyder, prime sponsors, presented House Bill 23-1035, concerning the statute of limitations for a violation of minimum wage laws. Representative Soper explained the effect of the bill and discussed its need. Representative Snyder provided additional input on the merits of the bill. 

Nina DiSalvo, representing Towards Justice, testified in opposition to HB 23-1035. Andrew Turner, representing the Colorado Plaintiff Lawyers Association, testified in opposition to the bill. Mark Johnson, representing the Southwest Regional Council of Carpenters, testified in opposition to the bill. Jordan Jones, representing the Southwest Regional Council of Carpenters, testified in opposition to the bill. Discussion ensued regarding certain caselaw that bears upon the bill, and the ability of plaintiffs to aggregate wage-theft cases. Discussion followed regarding employer wage-related, record-keeping requirements. Ms. DiSalvo responded to questions regarding the number of wage theft cases that are at the end of their statute of limitations that she handles each year, and what constitutes willful wage theft. Mr. Turner weighed in on the latter issue. Discussion turned to the reasons why victims of wage theft do not file claims against employers. Representative Weissman cited some statistics concerning the level of wage theft in Colorado. Mr. Turner responded to questions regarding the history of wage-theft statutes.

Meghan Dollar, representing the Colorado Chamber of Commerce, testified in support of HB 23-1035.

Rachel Beck, representing the Colorado Competitive Council, testified in support of the bill.

Adam Burg, representing the Denver Metro Chamber of Commerce, testified in support of the bill. Discussion ensued regarding the proper statute of limitations for wage theft cases, and costs associated with employer wage record-keeping. Ms. Beck responded to questions regarding the statute of limitations for wage theft in other states, and the level of wage theft in those states.

Christina Harney, representing Bechtel and Santo, testified in support of HB 23-1035. Jennifer Harpole, representing Littler Mendelson, testified in support of the bill. Discussion ensued regarding caselaw surrounding wage theft. Ms. Harney responded to questions regarding wage record-keeping by employers. The witnesses responded to questions regarding a potential amendment to the bill.  Discussion ensued regarding amendment L.001 (Attachment A).

Representatives Soper and Snyder provided closing remarks in support of HB 23-1035. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Amabile and Soper, prime sponsors, presented House Bill 23-1138, concerning procedures related to adult competency proceedings. Representative Amabile explained the effect of the bill and discussed its need. Representative Soper provided additional information about the bill's effect.

Ms. Sandra Sharp, representing herself, testified in support of HB 23-1138. Ms. Patrice Marqui, representing NAMI Larimer, testified in support of the bill. Leora Joseph, representing the Colorado Department of Human Services, testified in support of the bill. Lauren Snyder, representing Mental Health Colorado, testified in support of the bill. Ms. Snyder responded to questions regarding some figures she cited. Ms. Joseph responded to questions regarding the timeline associated with a consent decree entered into by the Department of Human Services pertaining to competency determination and restoration.

Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill. Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.  The committee considered amendments L.002 (Attachment B) and L.001 (Attachment C).

Representatives Amabile and Soper provided closing remarks in support of HB 23-1138. Various committee members provided their positions on the bill.

Representatives Kipp and Armagost, prime sponsors, presented House Bill 23-1143, concerning measures related to seeking federal authorization for certain immigrants to possess firearms to be a peace officer. Representative Kipp explained the effect of the bill and discussed its need. Representative Armagost provided additional input in support of the bill.

Commander Trevor Metaresso, representing Colorado Association of the Chiefs of Police, testified on HB 23-1143 from an "amend" position. Chief Kirk Wilson, representing himself, testified in support of the bill. Mr. Jesus Olivas, representing Lone Tree Police Department, testified in support of the bill. Chief Adam Turk, representing Colorado Association of the Chiefs of Police, testified to on the bill from an "amend" position. Staci Shaffer, representing Larimer County Sheriff's Office - Jail, testified in support of the bill. Jefferey Riester, representing Department of law, testified on the bill from an "amend" perspective. Chief Wilson responded to questions regarding the benefits of diversity in law enforcement, and the process that prospective law enforcement employees undergo during the hiring process. Chief Wilson responded to further questions regarding open records and the hiring process. Commander Metaresso provided input on the latter issue.

Representative Kipp explained the effect of amendment L.001 (Attachment D). Discussion ensued regarding a potential conflict between HB 23-1143 and other legislation. Representative Armagost responded to questions regarding a provision in the amendment that allows local law enforcement agencies to amend their firearms policies.

Representatives Kipp and Armagost provided closing remarks in support of HB 23-1143.

Representative Joseph and Ortiz, prime sponsors, presented House Bill 23-1120, concerning eviction protections for residential tenants who receive public assistance. Representatives Joseph and Ortiz explained the effect of the bill and discussed its need.

Adam Burg, representing Denver Metro Chamber of Commerce, testified in opposition to HB 23-1120.

Mr. Andrew Hamrick, representing Colorado Apartment Association, testified in opposition to the bill. Discussion ensued regarding mediation delays under the bill, and the timeline for eviction under the bill. Mr. Hamrick responded to questions regarding data on the length of time it takes to evict people from rental properties, and certain costs associated with his law practice. Discussion followed regarding the ramifications to landlords and tenants of passing the bill, and the ability of a landlord to be made whole financially during an eviction proceeding.

Ms. Jade Kelly, representing Communications Workers of America Local 7799, testified in support of the bill. Mr Jason Hopfer, representing Colorado Association of Realtors, testified on the bill from an "amend" perspective. Discussion ensued regarding the potential for landlords to decide to not rent properties as a result of policies such as those in HB 23-1120.

Ms. Sarah Windholz, representing Colorado Landlord Legislative Coalition, testified on the bill from an "amend' position.

Tawny Peyton, representing Rocky Mountain Home Association, testified on the bill from an "amend" position. Discussion ensued regarding the stability of the mobile home market.

Hillary Jorgensen, representing the Colorado Cross Disability Coalition, testified in support of the bill.

Ms. Jessica Spangler, representing herself, testified in support of the bill.

Mr. Kip Kolkmeier, representing himself, testified in support of the bill.

Mr. Mike Maday, representing The Mediation Association of Colorado, testified in support of the bill.

Mrs. Morgan Tregenza, representing herself, testified in support of the bill. Discussion ensued regarding a potential amendment to HB 23-1120 that would require mediation over an eviction case within a 14-day time frame. Mr. Kolkmeier responded to questions regarding the impact of the COVID pandemic on landlord-tenant relations, and the number of evictions that might be impacted by the passage of HB 23-1120.

Ms. Carol Kennedy, representing the Colorado Poverty Law Project, testified in support of the bill. Mrs Samantha Hudson, representing herself, testified in support of the bill. Andrew West read the testimony of Aubrey Wilde, representing Colorado Coalition for the Homeless, in support of the bill. Mr. Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Anna Dogue, representing herself, testified in support of the bill.

Mrs. Martha Wilson, representing herself, testified in support of the bill.

Kayla Frawley, representing Progress Now Colorado, testified in support of HB 23-1120.

Mr. Jack Regenbogen, representing the Colorado Poverty Law Project, responded to questions regarding the scope of the bill in terms of number of people who would be affected, and the fiscal impact of the bill.

John Armstrong, representing Legislative Council Staff, provided input on the bill's fiscal impact.

Representative Ortiz explained the effect of amendment L.001 (Attachment E).

Representative Joseph explained the effect of amendment L.002 (Attachment F).

Representative Ortiz explained the effect of amendment L.003 (Attachment G). Representative Ortiz clarified the intent of the amendment.

Representative Joseph explained the effect of amendment L.004 (Attachment H).

Discussion ensued regarding the definition of "source of income discrimination."

Representatives Ortiz and Joseph provided closing remarks in support of HB 23-1120. Various committee members provided their positions on the bill.