Bill Summary for Bill Number HB10-1417

Date: 04/28/2010

Final
BILL SUMMARY for HB10-1417

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
Move to amend amendment L.005 page 1, line 11, to Moved amendment L.001 (Attachment D). The motion Moved amendment L.005 (Attachment A), as amended. Moved amendment L.006 (Attachment E). The motion Moved amendment L.007 (Attachment B). The motion Moved amendment L.008 (Attachment C). The motion Moved to refer House Bill 10-1417, as amended, to	Pass Without Objection FAIL TIE FAIL Pass Without Objection FAIL PASS

01:34 PM -- House Bill 10-1417

Representative Peniston, prime sponsor, presented House Bill 10-1417 concerning the creation of the Pay Equity Commission within the Department of Labor and Employment. This bill creates the 11-member Pay Equity Commission in the Department of Labor and Employment. Members are appointed by the Governor by August 1, 2010. The commission must meet by September 1, 2010, and meet at least quarterly thereafter. Members serve without compensation or reimbursement for expenses. The department may accept gifts, grants, and donations to fund any commission costs. Moneys received are deposited into the continuously appropriated Pay Equity Commission Cash Fund that is created by the bill.

The commission work includes:

educating employers about issues or practices that contribute to pay inequity;
developing and maintaining an inventory of best practices for encouraging equal pay;
encouraging employers to implement these best practices and developing a program to recognize employers that pursue pay equity practices;
conducting outreach and education to employees and employers regarding pay equity; and
studying other state models of pay equity and working to establish Colorado as a model employer with regards to pay equity.

The commission is to submit a report to the executive director of the department and the business and labor committees of the General Assembly by June 30, 2012, and each June through 2015. The report shall detail the commission's work in the areas listed above and provide recommendations for policy or administrative changes. The bill sunsets on July 1, 2015.

01:39 PM

Representative Liston asked some questions regarding the amendments.

01:42 PM -- Don Mares, Director, Colorado Department of Labor and Employment, testified in support of the bill. He talked about the informal pay equity commission that was formed years ago which recommended a permanent commission be formed. Director Mares said he would like to see awareness brought to this issue and talked about the current law that requires women receive equal pay to men. He talked about an executive order that was signed regarding pay equity in New Mexico. Representative Soper asked about the law that is already on the books and whether it is just not enforceable. Director Mares responded. Representative Stephens commented on the issue and when women leave the work force and have to re-enter. She expressed her concerns with the commission. Director Mares explained that the bill takes some of the best and doable ideas that were included in the pay equity commission report. The report can be found at: http://www.coworkforce.com/PayEquityReport.pdf Representative Stephens asked about the funding for the commission in the bill with gifts, grants, and donations and whether there are currently any donors on board. Director Mares said he is not aware of any donors at this time and spoke to her earlier concerns regarding the bill being introduced late in the session. Representative Liston asked whether there needs to be another commission when there is already a report from the prior Pay Equity Commission. Director Mares responded and talked about the difference between a statutory commission and an informal one.

02:03 PM -- Linda Meric, Al Kogler, and Rosemary Harris Lytle, members of the informal Pay Equity Commission, testified in support of the bill. They talked about the findings of the Pay Equity Commission and the report. Representative Liston asked what businesses are supposed to do in order to alleviate pay inequity. Ms. Harris Lytle responded. Representative Liston asked for specific solutions. Ms. Meric responded. Representative Bradford followed up on Representative Liston's questions and asked what she is required to do in order to alleviate pay inequity as a small business owner. Representative Rice stated that the commission being created in the bill would make those decisions. Representative Bradford commented on how she pays her employees and why this bill makes her nervous.

02:18 PM -- Shelley Thompson, Esq., representing Allen and Vellone P.C., and Christie Doherty, representing Women's Collaborative, testified in support of the bill. Ms. Thompson talked about the benefits the commission would provide and stated that one way businesses can strive to alleviate pay inequity is to provide flexible work policies for employees. Ms. Doherty also commented.

02:28 PM -- LaTerrell Bradford, representing 9 to 5, testified in support of the bill and talked about her experience at a company where she was not paid equally to her coworker.

02:32 PM -- Joseph Galera, representing King and Greisen, LLP, testified in support of the bill and talked about the types of clients he sees in counsel and some of the reasons why pay inequity exists.

02:34 PM -- Virginia Morrison Love, representing the Colorado Competitive Council and the Denver Metro Chamber of Commerce, testified against the bill. She said they are concerned with the unclear mission of the commission.

02:37 PM -- Tony Gagliardi, representing the National Federation of Independent Businesses, testified against the bill and talked about an amendment. He said they were neutral on the bill, but now would like to see the bill postponed indefinitely or taken off the table for more work.

02:41 PM -- Loren Furman and Donnah Moody, representing the Colorado Association of Commerce and Industry, testified against the bill as introduced. Ms. Moody talked about her experience as a member of the Equal Pay Commission.

02:45 PM

The committee took a recess.

05:16 PM

Representative Rice called the committee back to order.


BILL:	HB10-1417
TIME:	05:18:18 PM
MOVED:	Gagliardi
MOTION:	Moved amendment L.005 (Attachment A), as amended. The motion passed without objection.
SECONDED:	Kerr A.
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1417
TIME:	05:19:28 PM
MOVED:	Kerr A.
MOTION:	Move to amend amendment L.005 page 1, line 11, to strike "it" and substitute "its". The motion passed without objection.
SECONDED:	Rice
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1417
TIME:	05:02:27 PM
MOVED:	Middleton
MOTION:	Moved amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:	Gagliardi
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1417
TIME:	05:24:59 PM
MOVED:	Liston
MOTION:	Moved amendment L.008 (Attachment C). The motion failed 5-6.
SECONDED:	Stephens
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	No
	Kerr A.	No
	Liston	Yes
	Middleton	No
	Priola	Yes
	Soper	No
	Stephens	Yes
	Gagliardi	No
	Rice	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1417
TIME:	05:32:41 PM
MOVED:	Liston
MOTION:	Moved amendment L.001 (Attachment D). The motion failed 5-6.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	No
	Kerr A.	No
	Liston	Yes
	Middleton	No
	Priola	Yes
	Soper	No
	Stephens	Yes
	Gagliardi	No
	Rice	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1417
TIME:	05:36:10 PM
MOVED:	Stephens
MOTION:	Moved amendment L.006 (Attachment E). The motion failed 5-6.
SECONDED:	Bradford
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	No
	Kerr A.	No
	Liston	Yes
	Middleton	No
	Priola	Yes
	Soper	No
	Stephens	Yes
	Gagliardi	No
	Rice	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1417
TIME:	05:42:33 PM
MOVED:	Kerr A.
MOTION:	Moved to refer House Bill 10-1417, as amended, to the Committee of the Whole. The motion passed 6-5.
SECONDED:	Middleton
		VOTE
	Balmer	No
	Bradford	No
	Casso	Yes
	Kerr A.	Yes
	Liston	No
	Middleton	Yes
	Priola	No
	Soper	Yes
	Stephens	No
	Gagliardi	Yes
	Rice	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:44 PM

The committee adjourned.