Date: 02/21/2012

Final
BILL SUMMARY for HB12-1134

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Votes: View--> Action Taken:
Moved to adopt amendment L.001 (Attachment O). The
Moved to postpone House Bill 12-1134 indefinitely
Moved to refer House Bill 12-1134, as amended, to
Pass Without Objection
PASS
FAIL


01:45 PM -- House Bill 12-1134

Representative Pabon, prime sponsor, presented House Bill 12-1134. The bill prohibits employers or their agents from advertising for any job vacancy that includes a requirement for applicants to be currently employed. Employers who violate the provisions of the bill are subject to a penalty of up to $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation. It does not create a private right of action by an aggrieved person against an employer. Representative Pabon explained that people are getting denied the ability to even apply for some jobs.

01:59 PM

Representative Pabon responded to questions from the committee regarding the unemployment situation in Colorado. Representative Pabon clarified that most employers are not doing this and that the bill simply allows . Representative Holbert expressed his concerns with the bill regarding the freedom of employers being able to express themselves.

02:15 PM

The committee recessed.

02:40 PM --
Phil Hayes, representing the Colorado AFL-CIO, testified in support of the bill and distributed a handout from the National Employment Law Project (Attachment N). Mr. Hayes responded to questions from the committee.

120221AttachN.pdf

02:53 PM --
Michael Kadovitz, representing himself, testified in support of the bill. He talked about his experience being unemployed and underemployed over the last few years. Mr. Kadovitz responded to questions from the committee.

03:04 PM --
Linda Meric, representing 9 to 5, testified in support of the bill. Ms. Meric responded to questions from the committee. The committee discussed the impact the bill will have on Colorado businesses.

03:33 PM --
Kelly Weedimer, representing 9 to 5, testified in support of the bill. She talked about her experience being unemployed over the last few years.

03:45 PM --
Tracey Stewart, representing the Colorado Center on Law and Policy, testified in support of the bill. She talked about a petition that was signed and given to Careerbuilder.com and Monster.com that asked them to remove a posting that stated the unemployed need not apply.

03:51 PM --
Jennifer Levin, representing the Legal Center, testified in support of the bill.


BILL:HB12-1134
TIME: 03:54:15 PM
MOVED:Soper
MOTION:Moved to adopt amendment L.001 (Attachment O). The motion passed without objection.
SECONDED:Tyler
VOTE
Balmer
Holbert
Miklosi
Excused
Priola
Singer
Soper
Swerdfeger
Szabo
Tyler
Williams A.
Wilson
Swalm
Liston
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

120221AttachO.pdf

03:57 PM

Representative Pabon gave some closing remarks on the bill. Members of the committee also gave some remarks about the bill.

BILL:HB12-1134
TIME: 04:05:07 PM
MOVED:Wilson
MOTION:Moved to refer House Bill 12-1134, as amended, to the Committee of the Whole. The motion failed on a vote of 5-7.
SECONDED:Soper
VOTE
Balmer
No
Holbert
No
Miklosi
Excused
Priola
No
Singer
Yes
Soper
Yes
Swerdfeger
No
Szabo
No
Tyler
Yes
Williams A.
Yes
Wilson
Yes
Swalm
No
Liston
No
YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB12-1134
TIME: 04:11:46 PM
MOVED:Holbert
MOTION:Moved to postpone House Bill 12-1134 indefinitely . The motion passed on a vote of 7-5.
SECONDED:Swalm
VOTE
Balmer
Yes
Holbert
Yes
Miklosi
Excused
Priola
Yes
Singer
No
Soper
No
Swerdfeger
Yes
Szabo
Yes
Tyler
No
Williams A.
No
Wilson
No
Swalm
Yes
Liston
Yes
YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS