Date: 02/15/2006

Final
BILL SUMMARY for SB06-167

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved amendment L.004 (Attachment C). The motion
Moved amendment L.006 (Attachment F). The motion
Moved amendment L.007 (Attachment G). The motion
Moved amendment L.008 (Attachment H). The motion
Moved amendment L.009 (Attachment E). The motion
Refer Senate Bill 06-167, as amended, to the Commi		Pass Without Objection
Pass Without Objection
FAIL
FAIL
Pass Without Objection
PASS



01:56 PM -- Senate Bill 06-167

Senator Hanna, prime sponsor, reviewed the provisions of Senate Bill 06-167, concerning workplace accommodations for breast-feeding mothers. She highlighted the necessity for to have accommodations during the work day. She distributed amendments L.003, L.004, L.005, and L.009 (Attachment B, C, D, and E). Senator Lamborn asked if any penalties are included in the bill.

02:10 PM -- Donnah Moody, representing the Colorado Association of Commerce and Industry, testified against the bill. She testified that many businesses already offer breaktime appropriate for mothers who are breast-feeding. She expressed concern about the reasonable accommodation requirement in the bill. She said her association would be neutral on the bill if L.003 were incorporated. Senator Groff asked for the percentage of CACI businesses that offer accommodations for breast-feeding mothers. Ms. Moody indicated that she would provide data and asked that the proponents provide similar data. Senator Tupa asked about break requirements required under Colorado Minimum Wage Order Number 22 that would be included in his amendment. Ms. Moody indicated that she would support amendments that would allow for employer flexibility.

02:21 PM -- Gail Lindley, representing the National Federation of Independent Business (NFIB), testified in opposition to the bill. She said that her business provides accommodations for mothers to nurse their children. She said small businesses should not be mandated to provide more break time for mothers. Senator Tupa raised the issue of amending the time requirements.

02:25 PM -- Mary Lou Chapman, President of the Rocky Mountain Food Industry Association, testified in opposition to the bill. She said businesses would like to have the discretion to provide flexibility for their employees. She argued that the "undue hardship" provision creates bias in favor of big businesses.

02:28 PM -- Dr. Marianne Neifert, representing herself and the Health One Alliance Lactation Program, testified in support of the bill. She explained the benefits of the exclusive use of breast milk for children. She testified that 50 percent of mothers will return to work within the first year after giving birth. She believes it is the working mothers who are less likely to be accommodated, and will benefit most from this provision. Senator Groff asked about the storage of breast milk. Dr. Neifert said mothers will provide their own forms of storage. Senator Tupa asked where the pumping would occur and what type of facility would need to be provided.

02:40 PM -- Dr. Maya Bunik, representing herself, testified in support of the bill. She testified that low-income women are not providing the adequate amount of breast milk to their babies. She referred to studies that say that mothers who are accommodated benefit the employer.

02:42 PM -- Mary Ann Kerwin J.D., representing the Colorado Breast-feeding Task Force and La Leche League, testified in support of the bill. She said that happy mothers make happy employees.

02:44 PM -- Sandra Miller, representing herself and Denver Water, testified in support of the bill. She said that her business provides this accommodation and spoke to the increase in productivity of her employees.

02:46 PM -- Margaret Bickmore, representing La Leche League, testified in support of the bill. She said that this bill will not only protect the employee, but also the employer that provides the accommodation.

02:50 PM -- Caryl Soeth, representing La Leche League, testified in support of the bill.

02:51 PM -- Jennifer Weddig, representing herself, testified in support of the bill. She spoke to the privacy issue working mothers face when nursing.

02:54 PM -- Tammi Serwicki, representing La Leche League, testified in support of the bill. She testified that employers who are not accommodating cause undue stress on mothers, which can cause a premature loss in their milk supply.

02:56 PM -- Sara Kidder, representing the Junior League of Denver, testified in support of the bill as amended. She read statements from her members who support the bill and have had both positive and negative experiences around workplace accommodations for breast-pumping.

02:59 PM -- Jodi Juskie, representing herself, testified in support of the bill. She testified that her company has rooms expressly for use by breast-feeding mothers. She said there have been no negative impacts on her company.

03:02 PM -- Lynn Leader, representing herself as a small business owner, testified in support of the bill. She said the women work harder and are more dedicated to the company due to her company's workplace breast-feeding policies.

03:04 PM -- Heather Thompson, representing herself, testified in support of the bill.

03:06 PM -- Courtney Sherwin, representing the herself as an employee of Health One, testified in support of the bill. She said 80 percent of her employees are women, and that providing breaks and private rooms to accommodate breast-feeding mothers has had a positive impact on employees.

03:09 PM -- Tiphaine Louradour, representing herself, testified in support of the bill. She spoke to the awkward situation that was created when asking her employer to accommodate her desire to breast-feed.

03:11 PM -- Michelle Kellogg, representing herself, testified in support of the bill. She spoke to the benefit to employees who are accommodated in the workplace.

03:14 PM

Senator Lamborn asked about the enforcement of the bill. Christy Chase, Office of Legislative Legal Services, was asked to come to the table to respond to committee questions. She said that there is no enforcement provision included in the measure. She discussed cross-referencing other employment regulations.

03:19 PM

 Senator Tupa distributed and explained amendments L.006, L.007 and L.008 (Attachments F, G, and H). The committee discussed the amendments. Senator Tupa distributed a copy of the Colorado Minimum Wage Order Number 22 to the committee (Attachment I). The committee discussed instances when employees are not provided breaks.


BILL:SB06-167
TIME: 03:38:52 PM
MOVED:Tupa
MOTION:Moved amendment L.009 (Attachment E). The motion passed without objection
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB06-167
TIME: 03:41:19 PM
MOVED:Tupa
MOTION:Moved amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















BILL:SB06-167
TIME: 03:45:37 PM
MOVED:Tupa
MOTION:Moved amendment L.006 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


















BILL:SB06-167
TIME: 03:46:02 PM
MOVED:Tupa
MOTION:Moved amendment L.007 (Attachment G). The motion failed on a 1-6 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
No
May R.
No
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB06-167
TIME: 03:47:12 PM
MOVED:Tupa
MOTION:Moved amendment L.008 (Attachment H). The motion failed on a 2-5 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
No
May R.
No
Windels
No
Groff
No
Tupa
Yes
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL



03:52 PM

Senator Lamborn expressed concern that the bill does not cover enforcement. Ms. Chase clarified the current status of the bill with the addition of amendments.




BILL:SB06-167
TIME: 03:52:47 PM
MOVED:Tupa
MOTION:Refer Senate Bill 06-167, as amended, to the Committee of the Whole. The motion passed on a 5-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS