Final
BILL SUMMARY for HB05-1204

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes:
Action Taken:
Moved amendment L.003 (Attachment B). The amendme
Moved that HB05-1204 be Postponed Indefinitely. T
FAIL
PASS



09:55 AM -- House Bill 05-1204

Representative Judd presented HB05-1204 which specifies that a person who has a duty to pay wages on behalf of an insolvent employer, and does not, is liable to the employee for unpaid wages. Representative Judd responded to questions from the committee. The committee heard this bill on February 21 and it was referred to the Committee of the Whole with a favorable recommendation. The Committee of the Whole referred the bill back to this committee for further action.

Representative Judd presented amendment L.003 (Attachment B) which is a strike-below amendment that adds a legislative declaration in an attempt to clarify that it is the intent of the bill to establish a priority for employees over debtors when an insolvent employer is indebted to both. The amendment also clarifies that an agent of the employer is in violation of the article only if the agent is aware that the employer is insolvent and intentionally pays a creditor before meeting payroll obligations.
BILL:HB05-1204
TIME: 10:03:48 AM
MOVED:Marshall
MOTION:Moved amendment L.003 (Attachment B). The amendment failed 6-7.
SECONDED:Cerbo
VOTE
Balmer
No
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
Massey
No
McCluskey
No
Paccione
Yes
White
No
Cerbo
Yes
Marshall
Yes
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB05-1204
TIME: 10:07:52 AM
MOVED:Coleman
MOTION:Moved that HB05-1204 be Postponed Indefinitely. The motion passed 8-5.
SECONDED:Balmer
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
No
Carroll M.
No
Coleman
Yes
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS