Bill Summary for Bill Number SB09-110

Date: 02/23/2009

Final
BILL SUMMARY for SB09-110

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.009 (Attachment B), as Adopt prepared Amendment L.010 (Attachment F). Th Adopt severed section B (page 2 of Amendment L.009 Amend prepared Amendment L.009 (Attachment B), str Refer Senate Bill 09-110, as amended, to the Commi	PASS FAIL PASS Pass Without Objection PASS

03:58 PM

The committee took a brief recess.

04:04 PM -- Senate Bill 09-110

Senator Morse, bill sponsor, explained the provisions of Senate Bill 09-110. He explained that the bill inserts additional remedies that are not currently available into Colorado civil rights law. Under the bill, the employees at small employers will have the same remedies as those at larger employers. He provided the committee with an amendment (Attachment B) and a memorandum concerning the fiscal note for the amendment (Attachment C).

04:08 PM -- Barry Roseman, representing Plaintiff Employment Lawyers Association, spoke in support of the bill. He provided the committee with a handout concerning the fiscal note (Attachment D). Mr. Roseman discussed the details of the fiscal note.

04:19 PM -- Lorena Garcia, representing 9 to 5, spoke in support of the bill. She discussed situations where individuals required the services of the civil rights commission.

04:24 PM -- Scott Moss, representing himself, spoke in support of the bill. He discussed the need for compensatory damages and for attorney fees to be available for the plaintiff. He stated that if it is important enough to prohibit something then it should be important enough to allow for compensatory damages and attorney fees.

04:35 PM -- Tony Gagliardi, representing National Federation of Independent Businesses, spoke in opposition to the bill. He discussed the potential costs to small businesses under this bill. He asked that the committee eliminate the provision concerning small businesses and pass the bill as originally recommended by the Department of Regulatory Agencies. Senator Morse asked about whether or not there is a need for more education concerning civil rights laws.

04:45 PM -- Andrew Volin, representing the Colorado Civil Justice League, spoke in opposition to the bill. He provided the committee with a handout (Attachment E). He explained that he is in opposition to the portion of the bill that allows for expanded remedies. According to Mr. Volin, the expanded remedies will shift the cases from federal to state court. He believes that it is not necessary to create new incentives for people to file charges.

05:15 PM -- Vince Morscher, Jane Christman, and Geoff Blue, representing the Department of Law, spoke about the bill. Mr. Blue discussed his concerns about prepared amendment L.007. The amendment requires the Attorney General's office to represent an individual which they do not do. Also, they represent the commission so they could not represent the individual and the commission. Mr. Morscher discussed the procedures for civil rights commission hearings.

05:36 PM -- Steven Chavez, representing the Civil Rights Division, spoke about the bill. Senator King asked about prepared amendment L.009 and why these provisions were not included in the original sunset review.

05:40 PM -- Paula Greisen, representing herself, spoke in support of the bill. Ms. Greisen stated that she believes that employees need a lawyer in order to get a probable cause finding. She believes that the point of the bill is to provide meaningful remedies for individuals who are employed by small businesses.

05:54 PM

Senator Hudak asked for clarification on whether Ms. Greisen supports the bill or the proposed amendment. Ms. Greisen explained that she supports the bill as drafted and is opposed to the amendment. Senator Renfroe asked about the provision in the bill that allows the commission to initiate charges.

06:00 PM

Senator Morse concluded his presentation of the bill.


BILL:	SB09-110
TIME:	06:05:45 PM
MOVED:	Morse
MOTION:	Amend prepared Amendment L.009 (Attachment B), strike, line 18 "and the charging party shall be entitled to", strike line 19, and strike, line 20, "general's office." The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

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


BILL:	SB09-110
TIME:	06:10:02 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.009 (Attachment B), as amended. Senator Hudak requested to sever the amendment. The committee considered severed section A (page 1 of Amendment L.009). The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	No
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-110
TIME:	06:16:56 PM
MOVED:	Morse
MOTION:	Adopt severed section B (page 2 of Amendment L.009--Attachment B). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-110
TIME:	06:19:30 PM
MOVED:	King K.
MOTION:	Adopt prepared Amendment L.010 (Attachment F). The motion failed on a 3-4 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	No
	Morse	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-110
TIME:	06:24:21 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-110, as amended, to the Committee on Appropriations. The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	No
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:25 PM

The committee adjourned.