Date: 03/04/2009

Final
BILL SUMMARY for HB09-1108

SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY

Votes: View--> Action Taken:
Moved a conceptual amendment: Page 2, line 14, str
Moved to refer House Bill 09-1108, as amended, to 		Pass Without Objection
PASS



01:35 PM -- House Bill 09-1108

Senator Boyd presented House Bill 09-1108. The bill adds employee protections and employer penalties to the Colorado Wage Act. It addresses situations when an employee's paycheck is not honored by the employer's bank, causing the employee's account to have insufficient funds to pay bills. Senator Boyd explained her reasons for sponsoring the bill. She stated that it is the responsibility of an employer to issue checks that will be honored, and discussed the problems caused when paychecks are not honored. She described the protections added by the bill.


01:38 PM

Senator Tochtrop made comments about the bill. Responding to a question from Senator Scheffel, Senator Boyd discussed protections already in place and explained why the bill is needed. Senator Scheffel expressed his concerns about the state legislature's involvement in private contracts, and Senator Boyd addressed his concerns. Senator Scheffel raised the possibility that the marketplace would lead employees to avoid employers who do not honor their checks. Senator Boyd noted that the current economic climate makes the situation particularly difficult for employees.


01:42 PM

Senator Heath addressed Senator Scheffel's comments and stated that the relationship between employers and employees is unique. He described situations where an employer may inadvertently write bad checks rather than doing so on a consistent basis. Senator Heath discussed a possible amendment that would limit the penalties in the bill to employers who write bad checks twice or more within a twelve-month period. Discussion ensued among the committee concerning the amendments that had been made by the House of Representatives.


01:46 PM

Senator Foster stated that she liked the bill in its current version, and asked about the degree of oversight given to the Director of the Department of Labor and Employment. Discussion continued among the committee. Senator Veiga offered clarification on the penalty provision of the bill.


01:49 PM

Senator Mitchell noted that a penalty of fifty dollars per day per employee would be a strain on a struggling small business. Senator Foster stated that doing nothing would send a message that it is acceptable for an employer to knowingly write bad checks. Discussion continued among the members of the committee.
BILL:HB09-1108
TIME: 01:54:36 PM
MOVED:Heath
MOTION:Moved a conceptual amendment: Page 2, line 14, strike "if" and substitute "if, two or more times within any twelve-month period,". The motion passed without objection.
SECONDED:
VOTE
Foster
Harvey
Mitchell
Scheffel
Tochtrop
Heath
Veiga
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1108
TIME: 01:55:24 PM
MOVED:Tochtrop
MOTION:Moved to refer House Bill 09-1108, as amended, to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
VOTE
Foster
Yes
Harvey
Yes
Mitchell
Yes
Scheffel
No
Tochtrop
Yes
Heath
Yes
Veiga
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS