Date: 01/30/2014

Final
BILL SUMMARY for HB14-1040

HOUSE COMMITTEE ON BUSINESS, LABOR, ECONOMIC, & WORKFORCE DEVELOPMENT

Votes: View--> Action Taken:
Adopt amendment L.002. The motion passed without o
Adopt amendment L.003. The motion passed without o
Refer House Bill 14-1040, as amended, to the Commi
Pass Without Objection
Pass Without Objection
PASS



01:34 PM -- House Bill 14-1040

Representative Williams, chair, called the meeting to order. A quorum was present. Representative McNulty, sponsor, presented House Bill 14-1040, concerning criminal provisions related to drug testing. The bill establishes new criminal offenses related to drug testing. The sponsor responded to questions from the committee and distributed two amendments, Amendment L.002 (Attachment A) and Amendment L.003 (Attachment B).

140130 AttachA.pdf140130 AttachA.pdf140130 AttachB.pdf140130 AttachB.pdf

01:46 PM --
Vicky Shields, representing the Colorado Association of Mechanical and Plumbing Contractors, testified in support of the bill. Ms. Shields discussed the demands of mechanical and plumbing work, and the importance that these employees conduct their work without being under the influence of any drugs or alcohol at the work site. She stated that since the state legalized medical marijuana, there has been a slight increase in marijuana-positive urine tests in her industry, as well as a slight increase in adulterated urine samples. The witness responded to questions from the committee about urine samples, company policies and protocols for prescription and non-prescription drug use, and specific drug screening statistics.

01:58 PM --
Rick Ruebelt, representing the Associated General Contractors of Colorado, testified in support of the bill. Mr. Ruebelt discussed the safety issues that drugs pose to the construction industry, particularly in the age of legal marijuana. The witness responded to questions from the committee about the impact of the bill's criminal provisions on employees, specific drug test statistics in the construction industry, and the impact this legislation will have on the industry. The sponsor and witness responded to a question about the real-life impact of the bill. The witness continued to respond to questions from the committee on drug related accidents at construction sites.

02:14 PM --
Tony Gagliardi, representing the National Federation of Independent Business, testified in support of the bill. Mr. Gagliardi stated that the bill was a good safety measure for employees and the public.

02:16 PM --
Phil Hayes, representing the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), testified neutrally of the bill. Mr. Hayes stated that his organization was against the criminal provisions for an employee who defrauds a drug test, but is neutral on the bill as amended.

02:18 PM

Representative McNulty discussed Amendment L.002 and Amendment L.003. Together, the amendments removed the criminal provisions for an employee who defrauds a drug test.

BILL:HB14-1040
TIME: 02:20:12 PM
MOVED:Holbert
MOTION:Adopt amendment L.002. The motion passed without objection.
SECONDED:Kraft-Tharp
VOTE
Exum
Hamner
Holbert
Navarro
Nordberg
Rosenthal
Ryden
Szabo
Wright
Kraft-Tharp
Williams
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1040
TIME: 02:21:14 PM
MOVED:Kraft-Tharp
MOTION:Adopt amendment L.003. The motion passed without objection.
SECONDED:Holbert
VOTE
Exum
Hamner
Holbert
Navarro
Nordberg
Rosenthal
Ryden
Szabo
Wright
Kraft-Tharp
Williams
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:21 PM

Representative McNulty delivered closing comments on the bill.

BILL:HB14-1040
TIME: 02:22:10 PM
MOVED:Holbert
MOTION:Refer House Bill 14-1040, as amended, to the Committee on Judiciary. The motion passed on a vote of 10-1.
SECONDED:Nordberg
VOTE
Exum
Yes
Hamner
Yes
Holbert
Yes
Navarro
Yes
Nordberg
Yes
Rosenthal
No
Ryden
Yes
Szabo
Yes
Wright
Yes
Kraft-Tharp
Yes
Williams
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS