Amendments for SB19-085
Senate Journal, February 21
After consideration on the merits, the Committee recommends that SB19-085 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, strike lines 16 through 18.
Renumber succeeding subsection accordingly.
Page 5, line 10, strike "WORK," and substitute "WORK, REGARDLESS OF
JOB TITLE, BASED ON A COMPOSITE OF SKILL; EFFORT, WHICH MAY
INCLUDE CONSIDERATION OF SHIFT WORK; AND RESPONSIBILITY,".
Page 5, line 14, strike "OR".
Page 5, after line 16 insert:
"(IV) THE GEOGRAPHIC LOCATION WHERE THE WORK IS
PERFORMED;
(V) EDUCATION, TRAINING, OR EXPERIENCE TO THE EXTENT THAT
THEY ARE REASONABLY RELATED TO THE WORK IN QUESTION; OR
(VI) TRAVEL, IF THE TRAVEL IS A REGULAR AND NECESSARY
CONDITION OF THE WORK PERFORMED;".
Page 7, line 5, strike "SIX" and substitute "THREE".
Page 7, after line 14 insert:
"(4) NOTHING IN THIS SECTION PREVENTS AN AGGRIEVED PERSON
FROM FILING A CHARGE WITH THE COLORADO CIVIL RIGHTS DIVISION
PURSUANT TO SECTION 24-34-306.".
Page 8, line 9, strike "NEED" and substitute "SHALL".
Page 8, strike lines 10 and 11 and substitute "AWARD LIQUIDATED
DAMAGES.".
Page 9, strike lines 15 through 19 and substitute "ALL EMPLOYEES.".
Page 9, line 21, strike "THE".
Page 11, strike lines 3 through 11 and substitute:
"SECTION 9. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2021; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the
state constitution against this act or an item, section, or part of this act
within the ninety-day period after final adjournment of the general
assembly, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November
2020 and, in such case, will take effect January 1, 2021, or on the date of
the official declaration of the vote thereon by the governor, whichever is
later.".
Senate Journal, April 3
SB19-085 by Senator(s) Danielson and Pettersen, Fields, Donovan, Winter, Gonzales, Court,
Zenzinger, Todd, Story, Ginal, Williams A., Rodriguez, Lee, Moreno, Garcia, Fenberg,
Foote, Bridges; also Representative(s) Buckner and Gonzales-Gutierrez, Benavidez,
Buentello, Caraveo, Coleman, Cutter, Duran, Esgar, Exum, Galindo, Garnett, Hansen,
Hooton, Jackson, Jaquez Lewis, Kennedy, Kipp, Lontine, McLachlan, Melton, Michaelson
Jenet, Mullica, Roberts, Singer, Sirota, Sullivan, Titone, Valdez A., Weissman--Concerning
the creation of the "Equal Pay for Equal Work Act" in order to implement measures to
prevent pay disparities.
Senator Woodward moved to amend the Report of the Committee of the Whole to show
that the following Woodward floor amendment, (L.036) to SB 19-085, did pass.
Amend printed bill, page 6, strike lines 18 through 27.
Page 7, strike lines 1 through 14.
Renumber succeeding sections accordingly.
Page 10, strike lines 22 through 27.
Page 11, strike lines 1 and 2.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 16 NO 19 EXCUSED 0 ABSENT 0
Bridges N Foote N Marble Y Story N
Cooke Y Gardner Y Moreno N Tate Y
Coram Y Ginal N Pettersen N Todd N
Court N Gonzales N Priola Y Williams A. N
Crowder Y Hill Y Rankin Y Winter N
Danielson N Hisey Y Rodriguez N Woodward Y
Donovan N Holbert Y Scott Y Zenzinger N
Fenberg N Lee N Smallwood Y President N
Fields N Lundeen Y Sonnenberg Y
House Journal, April 18
44 SB19-085 be amended as follows, and as so amended, be referred to
45 the Committee on Appropriations with favorable
46 recommendation:
47
48 Amend reengrossed bill, page 7, line 3, strike "A" and substitute "THE
49 DIRECTOR IS AUTHORIZED TO CREATE AND ADMINISTER A PROCESS TO
50 ACCEPT AND MEDIATE COMPLAINTS AND TO PROVIDE LEGAL RESOURCES
51 CONCERNING ALLEGED VIOLATIONS OF SECTION 8-5-102, AND TO
52 PROMULGATE RULES AS NECESSARY FOR THIS PURPOSE. THE PROCESS
53 CREATED AND ADMINISTERED BY THE DIRECTOR DOES NOT AFFECT OR
54 PREVENT THE RIGHT OF AN AGGRIEVED PERSON FROM COMMENCING A
55 CIVIL ACTION PURSUANT TO SUBSECTION (2) OF THIS SECTION.
56 (2) A".
1 Renumber succeeding subsections accordingly.
2
3 Page 7, line 26, after "(1)" insert "(a)".
4
5 Page 8, line 15, strike "DAMAGES. IF" and substitute "DAMAGES, EXCEPT
6 AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION.
7 (b) (I) IF".
8
9 Page 8, after line 19 insert:
10
11 "(II) IN DETERMINING WHETHER THE EMPLOYER'S VIOLATION WAS
12 IN GOOD FAITH, THE FACT FINDER MAY CONSIDER EVIDENCE THAT WITHIN
13 TWO YEARS PRIOR TO THE DATE OF THE COMMENCEMENT OF A CIVIL
14 ACTION PURSUANT TO SECTION 8-5-103, THE EMPLOYER COMPLETED A
15 THOROUGH AND COMPREHENSIVE PAY AUDIT OF ITS WORKFORCE, WITH
16 THE SPECIFIC GOAL OF IDENTIFYING AND REMEDYING UNLAWFUL PAY
17 DISPARITIES.".
18
19 Page 9, strike lines 20 through 23 and substitute:
20
21 "(2) AN EMPLOYER SHALL DISCLOSE IN EACH POSTING FOR EACH
22 JOB OPENING THE HOURLY OR SALARY COMPENSATION, OR A RANGE OF
23 THE HOURLY OR SALARY COMPENSATION, AND A GENERAL DESCRIPTION OF
24 ALL OF THE BENEFITS TO BE OFFERED TO THE HIRED APPLICANT.".
25
26 Page 11, line 2, after "A" insert "REBUTTABLE".
27
28
House Journal, April 26
43 Amendment No. 1, Business Affairs & Labor Report, dated April 17,
44 2019, and placed in member's bill file; Report also printed in House
45 Journal, April 18, 2019.
46
47 Amendment No. 2, by Representative(s) Gonzales-Gutierrez.
48
49 Amend the Business Affairs and Labor Committee Report, dated April
50 17, 2019, page 2, line 8, after "BENEFITS" add "AND OTHER
51 COMPENSATION".
52
53 As amended, ordered revised and placed on the Calendar for Third
54 Reading and Final Passage.
55