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h_jud_2016a_2016-04-19t13:31:21z2 Hearing Summary

Date: 04/19/2016



Final

BILL SUMMARY for HB16-1432



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment B). The motion p

Adopt amendment L.002 (Attachment C). The motion p

Adopt amendment L.004 (Attachment D). The motion p

Adopt amendment L.005 (Attachment E), as conceptua

Adopt amendment L.007 (Attachment F). The motion p

Conceptual amendment to amendment L.005, page 1, l

Refer House Bill 16-1432, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS

Pass Without Objection

Pass Without Objection

PASS







02:09 PM -- HB16-1432



The committee recessed.





02:16 PM



The committee returned to order. Representative Winter, prime sponsor, presented House Bill 16-1432, concerning the rights of employees to inspect their personnel files. Representative Winter explained the effect of the bill and discussed its need. Representative Winter responded to questions regarding how often an employer can be required to allow an employee, or ex-employee, to see his or her employment file under the bill. Representative Winter responded to further questions regarding the exclusion of a confidential accusation from a personnel file under the bill, and the ability of ex-employees to access employment files under the bill. Discussion ensued regarding how long an employer must maintain an employee's personnel file under the bill and differing access to personnel files for public and private employees. The following persons testified regarding HB 16-1432:



02:28 PM --
Mr. Barry Roseman, representing the Plaintiffs Employment Lawyers Association, testified in support of the bill. Mr. Roseman clarified the effect of the bill, and supported some forthcoming amendments to the bill. Mr. Roseman responded to questions regarding the ability of public sector employees to access their personnel files under the bill.



02:32 PM --
Mr. Clayton Weir, representing the Plaintiffs Employment Lawyers Association, testified in support of the bill. He explained that the bill places no new burdens on employers in terms of record keeping, and discussed the impact of the bill on the employment litigation environment. Mr. Weir responded to questions regarding the potential for putting a time limit on former employees requesting access to their personnel files, and how often employees are denied access to their personnel files. Discussion ensued regarding the ability of employees to access information in a personnel file pertaining to an ongoing investigation, and burdens placed on employers by the bill.





02:43 PM



Discussion continued regarding burdens placed on employers by HB 16-1432, and the potential for retaliation under the bill. Mr. Weir responded to questions regarding what constitutes a confidential accusation for the purposes of the bill. Discussion followed regarding rules surrounding an employment lawsuit, and the confidentiality of certain information.



02:54 PM --
Mr. Jeff Weist, representing the Colorado Competitive Council and the Colorado Civil Justice League, testified on the bill from a neutral perspective. Mr. Weist addressed earlier questions discussed during Mr. Weir's testimony.



02:57 PM --
Mr. Tony Gagliardi, representing the National Federation of Independent Business and the Colorado Association of Commerce and Industry, testified on the bill from a neutral perspective.



02:58 PM --
Ms. Meghan Raynes, representing 9to5 Colorado, testified in support of the bill. She read a statement supporting the legislation.





03:02 PM



Representative Winter explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the exemptions provided by the amendment.



16HouseJud0419AttachB.pdf16HouseJud0419AttachB.pdf

BILL: HB16-1432
TIME: 03:03:10 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED: Salazar
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:06 PM



Representative Winter explained the effect of amendment L.002 (Attachment C).



16HouseJud0419AttachC.pdf16HouseJud0419AttachC.pdf

BILL: HB16-1432
TIME: 03:07:06 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED: Salazar
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:07 PM



Representative Winter explained the effect of amendment L.004 (Attachment D).



16HouseJud0419AttachD.pdf16HouseJud0419AttachD.pdf

BILL: HB16-1432
TIME: 03:07:41 PM
MOVED: Court
MOTION: Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED: Melton
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:08 PM



Representative Lundeen explained the effect of amendment L.005 (Attachment E). Discussion ensued regarding the intent of the amendment.



16HouseJud0419AttachE.pdf16HouseJud0419AttachE.pdf

BILL: HB16-1432
TIME: 03:09:47 PM
MOVED: Lundeen
MOTION: Adopt amendment L.005 (Attachment E), as conceptually amended. The motion passed on a vote of 10-1.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
No
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: HB16-1432
TIME: 03:13:09 PM
MOVED: Lundeen
MOTION: Conceptual amendment to amendment L.005, page 1, line 2, strike "defined" and substitute "determined". The motion passed without objection.
SECONDED: Carver
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:17 PM



The committee discussed a potential amendment. The committee recessed.





03:43 PM



The committee returned to order. Representative Willett explained the effect of amendment L.007 (Attachment F). Representative Winter provided her position on the amendment.



16HouseJud0419AttachF.pdf16HouseJud0419AttachF.pdf

BILL: HB16-1432
TIME: 03:45:08 PM
MOVED: Willett
MOTION: Adopt amendment L.007 (Attachment F). The motion passed without objection.
SECONDED: Carver
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:45 PM



Representative Winter provided closing remarks in support of SB 16-1432. Various committee members provided their positions on the bill.

BILL: HB16-1432
TIME: 03:46:28 PM
MOVED: Court
MOTION: Refer House Bill 16-1432, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3.
SECONDED: Salazar
VOTE
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS














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