H_JUD_2022A 04/19/2022 01:35:48 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Lontine and Gray, prime sponsors, presented House Bill 22-1367, concerning modifications to laws prohibiting discrimination in employment practices, and, in connection therewith, repealing the exclusion of domestic workers from the definition of "employee," extending the time limit for filing a charge alleging unfair or discriminatory employment practices with the Colorado Civil Rights Commission, and repealing the prohibition against certain damages in cases alleging age-based discrimination. Representative Lontine explained the effect of the bill and discussed its need. Representative Gray provided additional input on the merits of the legislation. Discussion ensued regarding the definition of "domestic worker."

Iris Halpern, representing the Colorado Women's Bar Association, testified in support of HB 22-1367.

Felipe Bohnet-Gomez, representing the Colorado Hispanic Bar Association, testified in support of the bill.

Kelly McCullough, representing Disability Law Colorado, testified in support of the bill.

Ms. Halpern responded to questions regarding a fact pattern that might result in discrimination under the bill, and the types of domestic workers that would be covered by the bill. Ms. Halpern responded to further questions regarding independent contractor status under the bill, and the definition of certain terms that bear upon the legislation. Ms. Halpern responded to questions regarding the deletion of a remedy for a claim of discrimination by the bill. Discussion ensued regarding a longer timeline for a discrimination complaint created by a forthcoming amendment.

Andrea Kuwik, representing the Bell Policy Center, testified in support of HB 22-1367.

Thomas Davidson, representing Counties & Commissioners Acting Together, testified in support of the bill.

Hannah Recht, representing 9to5 Colorado, testified in support of the bill.

Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of HB 22-1367.

Ellen Buckley, representing the Colorado Plaintiff Employment Lawyers Association, testified in support of the bill. Ms. Buckley responded to questions regarding the bill's impact on attorney fees in discrimination cases, and discrimination based on sex under the bill.

Representative Lontine explained the effect of amendment L.002 (Attachment A). Discussion ensued regarding the timeline for discrimination complaints under the amendment. Ms. Halpern provided input on this issue.

Representatives Gray and Lontine provided closing remarks in support of HB 22-1367.

Representatives McLachlan and Roberts, prime sponsors, presented House Bill 22-1371, concerning removing the requirement that a peace officer be a bona fide Colorado resident. Representative McLachlan explained the effect of the bill and discussed its need. Representative Roberts provided further input on the merits of the bill. Discussion ensued regarding what constitutes a "special deputy" under law. Representative Roberts responded to questions regarding hiring police officers across jurisdictional lines, and residency laws for police services.

Sheriff Sean Smith, representing the La Plata County Sheriff's Office, testified in support of HB 22-1371. Chief Bob Brammer, representing the Durango Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill. Sheriff Smith responded to questions regarding programming to attract local residents into law enforcement, and pay for law enforcement in his area. Discussion ensued regarding employer retention issues, and the chances that certain employer benefit contracts will improve if the bill is passed. Discussion returned to "special deputy sheriff" status, and the ability of his office to hire civilian employees who live out of state. Discussion followed regarding the position of law enforcement organizations on the bill, and trends in housing costs.

No amendments were offered to HB 22-1371. Representatives McLachlan and Roberts provided closing remarks in support of the bill. Various committee members provided their positions on the bill.