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H_LG_2016A 03/16/2016 01:36:33 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date: 03/16/2016
ATTENDANCE
Time: 01:36 PM to 03:45 PM
Arndt
X
Danielson
X
Place: HCR 0107
Klingenschmitt
X
Navarro
X
This Meeting was called to order by
Ransom
X
Representative Fields
Rosenthal
X
Saine
X
This Report was prepared by
Singer
X
Damion Pechota
Thurlow
X
Lebsock
X
Fields
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1154

HB16-1088
Postponed Indefinitely

Amended, Referred to the Committee of the Whole





01:37 PM -- Farm Bureau Award



Bob Winter, representing the Weld County Farm Bureau, presented an annual award recognizing Representative Lori Saine.





01:38 PM -- HB16-1154



Representative DelGrosso presented and summarized House Bill 16-1154 concerning employer definition to clarify franchisee status. This bill requires that an entity have and exercise direct authority over an employee's terms and conditions of employment in order to be classified as an employer. It also clarifies that a franchisor is not an employer of a franchisee or the franchisee's employees, except when a Colorado court makes specific findings regarding the protection of the franchisor's trademarks and brand. Finally, the bill clarifies that disputes over what constitutes the exercise of control over a franchisee are to be resolved by a court of competent jurisdiction.



Representative DelGrosso distributed and discussed amendment L.002 (Attachment A).



16HouseLocal0316AttachA.pdf16HouseLocal0316AttachA.pdf



Representative DelGrosso answered questions from the committee regarding franchisee corporate structures.

















01:48 PM



Representative DelGrosso answered a question regarding amendment L.002.



01:50 PM --
Scott Meiklejohn, representing the Workers' Compensation Education Association, spoke in opposition to the bill. He answered questions from the committee regarding franchisee statuses.



01:56 PM --
Lauren Martens, representing the Service Employees International Unions Colorado State Council, spoke in opposition to the bill. He discussed the concerns of low wage employee unions.



Mr. Martins answered questions regarding the potential impact to low wage employees.



02:03 PM --
Kjersten Forseth, representing the American Federation of Labor and Congress of Industrial Organizations, spoke in opposition to the bill.



Ms. Forseth answered questions regarding employee protections under a franchise. She also answered a question regarding the National Labor Relations Board and franchisee complaints.





02:13 PM



Ms. Forseth continued to answer questions regarding employee protections under a franchise.



02:15 PM --
Jeff Hanscom, representing the International Franchise Association, spoke in favor of the bill. He provided an overview of the franchise industry and discussed the franchisee status provided in the bill.



Mr. Hanscom answered a question regarding issues of wage theft and employee protections.



02:23 PM --
Edward Rothschild, representing himself, spoke in favor of the bill. He discussed his experience as a franchise owner.



Mr. Rothschild answered questions regarding the status of his employees.



02:27 PM --
Garret Gifford, representing himself, spoke in favor of the bill. He discussed his experience as a franchise owner.



02:29 PM --
Sonia Riggs, representing the Colorado Restaurant Association, spoke in favor of the bill. She discussed the relationship between franchisees and franchisors.



Ms. Riggs answered questions regarding wage theft and employee protections.





02:39 PM



The committee continued to discuss employee protections.



02:48 PM --
Laura Liss, representing the Colorado Bar Association, spoke in favor of the bill. She answered previous questions regarding to the rights of franchise employees.















02:53 PM --
Patrick Teegarden, representing the Department of Labor and Employee, spoke for information purposes only. He discussed the concerns of the department with the bill and spoke on amendment L.002.



He answered questions regarding current franchisee laws.





03:03 PM



Mr. Teegarden continued to answer questions regarding the departmental process for addressing franchise employee issues.



Representative DelGrosso discussed amendment L.002 (Attachment A).

BILL: HB16-1154
TIME: 03:04:04 PM
MOVED: Thurlow
MOTION: Adopt amendment L.002 (Attachment A). The motion passed on a vote of 8-3.
SECONDED: Klingenschmitt
VOTE
Arndt
Yes
Danielson
No
Klingenschmitt
Yes
Navarro
Yes
Ransom
Yes
Rosenthal
Yes
Saine
Yes
Singer
Yes
Thurlow
Yes
Lebsock
No
Fields
No
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



Representative DelGrosso provided closing comments on the bill.



The committee members provided closing comments on the bill.

BILL: HB16-1154
TIME: 03:12:00 PM
MOVED: Saine
MOTION: Refer House Bill 16-1154, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED: Thurlow
VOTE
Arndt
No
Danielson
No
Klingenschmitt
Yes
Navarro
Yes
Ransom
Yes
Rosenthal
No
Saine
Yes
Singer
No
Thurlow
Yes
Lebsock
No
Fields
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL



BILL: HB16-1154
TIME: 03:12:23 PM
MOVED: Rosenthal
MOTION: Postpone House Bill 16-1154 indefinitely. The motion passed on a vote of 6-4.
SECONDED: Danielson
VOTE
Arndt
Excused
Danielson
Yes
Klingenschmitt
Yes
Navarro
No
Ransom
No
Rosenthal
Yes
Saine
No
Singer
Yes
Thurlow
No
Lebsock
Yes
Fields
Yes
YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS













03:14 PM -- HB16-1088



Representative Dore presented and summarized HB16-1088 concerning fire protection district impact fees. The bill authorizes the board of a fire protection district to impose an impact fee on any new construction, including oil and gas development, on improved or unimproved property within the district's jurisdiction. The impact fee must be reasonably related to the district's cost to provide services and imposed according to a fee schedule duly adopted by the district's board. No less than 60 days before imposing any impact fee, fire districts must notify municipalities and counties in the district of their right to comment on the imposition of impact fees.



Testimony for the bill was heard at the February 10, 2016, House Local Government meeting.



Representative Dore presented and discussed amendment L.006 (Attachment B).



16HouseLocal0316AttachB.pdf16HouseLocal0316AttachB.pdf



03:23 PM



Representative Dore answered questions from the committee regarding provisions in the bill concerning intergovernmental agreements.



03:27 PM --
Ed DeCecco, Office of Legislative Legal Services, spoke for information purposes only on amendment L.006.

































































03:37 PM



The committee continued to discuss amendment L.002.

BILL: HB16-1088
TIME: 03:43:24 PM
MOVED: Singer
MOTION: Adopt amendment L.006 (Attachment B). The motion passed without objection.
SECONDED: Thurlow
VOTE
Arndt
Danielson
Klingenschmitt
Navarro
Ransom
Rosenthal
Saine
Singer
Thurlow
Lebsock
Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:




















































BILL: HB16-1088
TIME: 03:44:00 PM
MOVED: Lebsock
MOTION: Refer House Bill 16-1088, as amended, to the Committee of the Whole. The motion passed on a vote of 6-4.
SECONDED: Thurlow
VOTE
Arndt
Yes
Danielson
Yes
Klingenschmitt
No
Navarro
No
Ransom
No
Rosenthal
No
Saine
Excused
Singer
Yes
Thurlow
Yes
Lebsock
Yes
Fields
Yes
YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:45 PM



The committee adjourned.


The House and Senate are temporarily adjourned.  The building is closed to the public.

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