h_sa_2016a_2016-03-28t13:34:28z6 Hearing Summary
Date: 03/28/2016
Final
BILL SUMMARY for HB16-1299
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Votes: View--> | Action Taken: |
| Postpone House Bill 16-1299 indefinitely. The moti Refer House Bill 16-1299 to the Committee of the W |
PASS FAIL |
09:57 PM -- HB16-1299
The committee recessed.
10:00 PM
The committee reconvened.
Representative Wist presented House Bill 16-1299 to the committee and provided a handout (Attachment O). Under current law, if a plaintiff brings an employment discrimination case that the court finds to be frivolous the court may award attorney's fees and reasonable costs to the defendant. This bill lowers the standard for awarding fees and costs to the prevailing defendant in cases where the claim lacks substantial merit. A claim lacks substantial merit if it is pursued in bad faith, or when a reasonable person with knowledge of the facts does not believe the claim is likely to succeed.
16HouseState0328AttachO.pdf
Committee members discussed the bill with Representative Wist.
10:15 PM -- Dan Combs, representing the Colorado Civil Justice League and the Colorado Association of Commerce and Industry (CACI), testified in support of the bill and responded to committee questions.
10:25 PM -- Barry Roseman, representing the Plaintiff Employment Lawyers Association, testified against the bill and responded to committee questions.
10:31 PM -- Dana Svendsen, representing CACI, testified in support of the bill.
10:34 PM -- Maggie Gomez, representing 9 to 5 Colorado, testified against the bill.
10:38 PM -- Nicholas Colglazier, representing the Colorado Competitive Council, testified in support of the bill.
10:41 PM -- Rich Jones, representing the Bell Policy Center, testified against the bill and provided a handout (Attachment P).
16HouseState0328AttachP.pdf
10:45 PM
Representative Wist wrapped up his presentation of the bill.
| BILL: | HB16-1299 | |
| TIME: | 10:48:02 PM | |
| MOVED: | Wist | |
| MOTION: | Refer House Bill 16-1299 to the Committee of the Whole. The motion failed on a vote of 4-5. | |
| SECONDED: | Leonard | |
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VOTE
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Foote
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No
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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No
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Tyler
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No
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Wist
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Yes
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Lontine
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No
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Ryden
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No
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YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1299 | |
| TIME: | 10:49:44 PM | |
| MOVED: | Lontine | |
| MOTION: | Postpone House Bill 16-1299 indefinitely. The motion passed on a vote of 5-4. | |
| SECONDED: | Foote | |
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VOTE
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Foote
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Yes
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Humphrey
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No
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Leonard
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No
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Neville P.
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No
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Primavera
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Yes
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Tyler
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Yes
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Wist
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No
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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10:50 PM
The committee adjourned.