h_jud_2017a_2017-04-13t14:19:42z4 Hearing Summary

Date: 04/13/2017

Location: HCR 0112

04:45 PM -- HB17-1305



Representatives Foote and Melton, co-sponsors, explained HB17-1305 regarding limits on job applicant criminal history inquiries. This bill prohibits an employer from stating in a job posting or on any form of application that a person with a criminal history may not apply or from inquiring into or requiring disclosure of an applicant's criminal history on an initial application. These rules do not apply if an employer is advertising a position that federal, state, or local law prohibits individuals with specific criminal convictions from holding. The bill also exempts any employer hiring as part of a program to encourage the employment of people with criminal histories. An employer may obtain a criminal background report during any stage of the hiring process. Individuals may file complaints alleging a violation of these rules with the Colorado Department of Labor and Employment (CDLE). CDLE must investigate any complaint received within six months of the alleged violation, unless the department deems the complaint to be without merit. An employer who violates the law is subject to specified penalties.



The sponsors emphasized that this bill only addresses the box on the initial application and does not preclude a criminal background check at a later time. The bill is designed to eliminate obstacles to finding gainful employment for ex-offenders. They reported that Colorado state government job applications have eliminated the box and have encountered no legal issues. They answered questions from the committee about other states, employment law, and small businesses. They distributed a fact sheet from the Colorado Center on Law & Policy (Attachment E) and Amendment L.001 (Attachment F).



17HouseJud0413AttachE.pdf 17HouseJud0413AttachF.pdf



05:11 PM -- Jane Northrup, representing herself as a small business owner, spoke in opposition to the measure. She explained that she owns a staffing company specializing in employing probationers and parolees. She stated that employers have a right to develop their own hiring practices. She relayed that spotty employment histories are a problem with this population as well.



05:22 PM -- Loren Furman, representing the Colorado Association of Commerce & Industry, spoke in opposition to the bill. She answered questions from the committee regarding business hiring practices.



05:25 PM -- Nicholas Colglazer, representing the Colorado Competitive Council, spoke in opposition to the measures. He claimed that the bill was too burdensome and costly for businesses to successfully implement.



05:29 PM -- Bob Golden, representing the South Metro Denver Chamber of Commerce, spoke in opposition to the bill. He relayed that the bill poses safety and liability risks.



05:29 PM -- Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill. He reported the bill to be unfriendly to business and answered questions from the committee.



05:47 PM -- Jack Regenbogen, representing the Colorado Center on Law & Policy, testified in support of the bill. He discussed online applications, employer liability and other state experiences with banning the box. He answered questions from the committee and emphasized that the bill is business friendly. He distributed a letter of support from the Colorado Catholic Conference (Attachment G).



17HouseJud0413AttachG.pdf



06:12 PM -- Lydia Walagorski, representing the Colorado Coalition Against Domestic Violence, spoke in support of the bill. She emphasized the need to eliminate barriers to employment.



06:14 PM -- Laura Ware, representing Denver's Road to Work and Bayaud Enterprises, testified in support of the measure. She stressed the importance of looking beyond an applicant's criminal history.



06:20 PM -- Nathan Hunt, representing the Interfaith Alliance of Colorado, spoke in support of the bill.



06:23 PM -- Shelby Andrews, representing Denver Urban Matters, testified in favor of the bill.



06:26 PM -- Rev. Tammy Garrett Williams, representing the Greater Metro Denver Ministerial Alliance, spoke in support of the bill. She shared her own experience looking for work as a parolee and emphasized face-to-face opportunities to explain.



06:30 PM -- Jennifer Bundy, representing herself, spoke in support of the measure. She relayed her own experiences trying to find gainful employment as a parolee and answered questions from the committee about online job applications and in-person interviews.



06:46 PM -- Peter Dybing, representing Colorado Coalition for the Homeless, spoke in support of the bill. He relayed his personal story about finding work after spending time in prison and emphasized that people can change their lives with the right opportunities. He reported that he knows of no lawsuits in other states that have banned the box. He answered questions from the committee.



07:02 PM -- Carol Peeples, representing Remerge, spoke in support of the bill. She distributed a pamphlet about Remerge (Attachment H) and a fact sheet from the Sentencing Project (Attachment I).



17HouseJud0413AttachH.pdf 17HouseJud0413AttachI.pdf



07:07 PM -- Alexiendia Abrams, representing herself, spoke in favor of the bill.

07:11 PM



Representative Foote and Melton made closing remarks. Committee members discussed their reasons for supporting or opposing the bill.

07:36 PM



The committee adjourned.