Amendments for SB20-205

Senate Journal, June 3
After consideration on the merits, the Committee recommends that SB20-205 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 1, after "(5)." add ""EMPLOYEE" DOES
NOT INCLUDE AN "EMPLOYEE" AS DEFINED IN 45 U.S.C. SEC. 351 (d) WHO
IS SUBJECT TO THE FEDERAL "RAILROAD UNEMPLOYMENT INSURANCE
ACT", 45 U.S.C. SEC. 351 ET SEQ.".

Page 4, line 12, strike "AND" and substitute "OR".

Page 4, strike lines 13 and 14 and substitute:

"(c) A PERSON FOR WHOM THE EMPLOYEE IS RESPONSIBLE FOR
PROVIDING OR ARRANGING HEALTH- OR SAFETY-RELATED CARE.".

Page 4, lines 22 and 23, strike "8-13.3-404 AND 8-13.3-405." and
substitute "8-13.3-404 TO 8-13.3-406.".

Page 5, after line 20 insert:

"(12) "YEAR" MEANS A REGULAR AND CONSECUTIVE
TWELVE-MONTH PERIOD AS DETERMINED BY AN EMPLOYER; EXCEPT THAT
FOR THE PURPOSES OF SECTION 8-13.3-411, "YEAR" MEANS A CALENDAR
YEAR.".

Page 5, line 22, strike "calendar".

Page 6, line 5, after "PERIOD." add "THIS SUBSECTION (2)(a) DOES NOT
LIMIT THE ABILITY OF AN EMPLOYEE TO USE PAID SICK LEAVE AS
PROVIDED IN SECTION 8-13.3-405.".

Page 6, strike lines 18 through 23 and substitute:

"(b) UP TO FORTY-EIGHT HOURS OF PAID SICK LEAVE THAT AN
EMPLOYEE ACCRUES IN A YEAR BUT DOES NOT USE CARRIES FORWARD TO,
AND MAY BE USED IN, A SUBSEQUENT YEAR; EXCEPT THAT AN EMPLOYER
IS NOT REQUIRED TO ALLOW THE EMPLOYEE TO USE MORE THAN
FORTY-EIGHT HOURS OF PAID SICK LEAVE IN A YEAR.".

Page 6, line 25, after "SECTION" insert "AND SECTION 8-13.3-405".

Page 7, line 2, after "TO" insert "SATISFY SECTION 8-13.3-405 AND".

Page 7, line 8, after "SECTION," insert "AND NOTWITHSTANDING SECTION
8-4-101 (14)(a)(IV),".

Page 7, line 9, strike "ACCRUED BUT".

Page 7, line 16, strike "TWELVE" and substitute "SIX".
Page 9, strike lines 19 through 22 and substitute:

"(2) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE PAID SICK
LEAVE UPON THE REQUEST OF AN EMPLOYEE. THE REQUEST MAY BE MADE
ORALLY, IN WRITING, ELECTRONICALLY, OR BY ANY OTHER MEANS
ACCEPTABLE TO THE EMPLOYER. WHEN POSSIBLE, THE EMPLOYEE SHALL
INCLUDE THE EXPECTED DURATION OF THE ABSENCE. AN EMPLOYER MAY
PROVIDE A WRITTEN POLICY THAT CONTAINS REASONABLE PROCEDURES
FOR THE EMPLOYEE TO PROVIDE NOTICE WHEN THE USE OF PAID SICK
LEAVE TAKEN UNDER THIS SECTION IS FORESEEABLE. AN EMPLOYER
SHALL NOT DENY PAID SICK LEAVE TO THE EMPLOYEE BASED ON
NONCOMPLIANCE WITH SUCH A POLICY.".

Page 12, strike lines 21 through 27.

Page 13, strike lines 1 and 2.

Reletter succeeding paragraphs accordingly.

Page 13, strike lines 14 through 16.

Renumber succeeding subsection accordingly.

Page 13, line 24, strike "ON" and substitute "(1) EMPLOYERS IN THE
STATE SHALL COMPLY WITH THE FEDERAL "EMERGENCY PAID SICK
LEAVE ACT" IN THE "FAMILIES FIRST CORONAVIRUS RESPONSE ACT",
PUB. L. 116-127.
(2) ON".

Page 14, line 2, strike "PUB. L. 116-127." and substitute "PUB. L.
116-127, TO EACH EMPLOYEE WHO IS NOT COVERED UNDER THE
"EMERGENCY PAID SICK LEAVE ACT".".

Page 15, line 22, strike "THE".

Page 15 strike lines 23 and 24.

Page 16, line 13, strike "SHALL" and substitute "SHALL, UPON HIRING OR
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,".

Page 17, line 2, after "POSTER" insert "CREATED PURSUANT TO
SUBSECTION (3) OF THIS SECTION".

Page 17, after line 21 insert:

"(6) IF AN EMPLOYER DOES NOT MAINTAIN A PHYSICAL
WORKPLACE, OR AN EMPLOYEE TELEWORKS OR PERFORMS WORK
THROUGH A WEB-BASED PLATFORM, THE EMPLOYER SHALL PROVIDE THE
NOTICE REQUIRED IN THIS SECTION THROUGH ELECTRONIC
COMMUNICATION OR A CONSPICUOUS POSTING IN THE WEB-BASED
PLATFORM.".

Page 18, strike lines 15 through 17 and substitute "4.".

Page 19, strike lines 1 through 5 and substitute:

"(b) AFTER JANUARY 1, 2021, AN EMPLOYER WHO VIOLATES THIS
PART 4 IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED BY
SECTION 8-5-104 (2)(a) AND (2)(b).".

Page 19, after line 7 insert:

"(d) BEFORE COMMENCING ANY CIVIL ACTION UNDER THIS
SECTION, AN AGGRIEVED PERSON MUST, IN ACCORDANCE WITH ARTICLE
4 OF THIS TITLE 8, SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A
WRITTEN DEMAND FOR PAYMENT TO THE EMPLOYER.
(e) IF A PERSON AGGRIEVED BY A VIOLATION OF THIS PART 4 FILES
A CIVIL ACTION TO ENFORCE A JUDGMENT MADE UNDER THIS SECTION,
THE COURT SHALL WAIVE ANY FILING FEE REQUIRED UNDER ARTICLE 32
OF TITLE 13.".

Reletter succeeding paragraph accordingly.

Page 20, strike lines 10 through 14 and substitute:

"(2) NOTHING IN THIS PART 4 DIMINISHES:
(a) THE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY
CONTRACT, COLLECTIVE BARGAINING AGREEMENT, EMPLOYMENT BENEFIT
PLAN, OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A MORE
GENEROUS PAID SICK LEAVE POLICY THAN THE PAID SICK LEAVE POLICY
REQUIRED BY THIS PART 4; OR
(b) THE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE
UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT,
EMPLOYER POLICY, OR EMPLOYMENT CONTRACT.".

Page 20, strike lines 26 and 27.

Page 21, strike lines 1 through 4 and substitute "DOES NOT APPLY TO AN
EMPLOYEE IN THE BUILDING AND CONSTRUCTION INDUSTRY WHO IS
COVERED BY A COLLECTIVE BARGAINING AGREEMENT IF THE COLLECTIVE
BARGAINING AGREEMENT:
(a) EXPRESSLY PROVIDES FOR PAID SICK DAYS, PAID LEAVE, OR A
PAID TIME OFF POLICY THAT PERMITS THE USE OF SICK DAYS FOR THOSE
EMPLOYEES; OR
(b) WAIVES THE REQUIREMENTS OF THIS PART 4 IN CLEAR AND
UNAMBIGUOUS TERMS.
8-13.3-416. Employer policies. AN EMPLOYER POLICY ADOPTED
OR RETAINED MUST NOT DIMINISH AN EMPLOYEE'S RIGHT TO PAID SICK
LEAVE UNDER THIS PART 4. ANY AGREEMENT BY AN EMPLOYEE TO WAIVE
THE EMPLOYEE'S RIGHTS UNDER THIS PART 4 IS VOID AS AGAINST PUBLIC
POLICY.
8-13.3-417. Severability. IF ANY PROVISION OF THIS PART 4 OR
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS JUDGED
INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS PART 4 THAT CAN BE GIVEN EFFECT WITHOUT THE
INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS
OF THIS PART 4 ARE DECLARED SEVERABLE.".


Finance


Senate Journal, June 6
After consideration on the merits, the Committee recommends that SB20-205 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 21, after line 11 insert:

"SECTION 3. Appropriation. For the 2020-21 state fiscal year,
$206,566 is appropriated to the department of labor and employment for
use by the division of labor standards and statistics. This appropriation
is from the general fund and is based on an assumption that the division
will require an additional 2.7 FTE. To implement this act, the division
may use this appropriation for program costs related to labor standards.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "EMPLOYEES." and substitute "EMPLOYEES, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations

Senate Journal, June 8
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--
Concerning the requirement that employers offer sick leave to their employees.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, June 3, pages 657-659 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 6, page 733 and placed in members' bill files.)

Amendment No. 3(L.054), by Senator Fenberg.

Amend printed bill, page 4, strike lines 26 and 27.

Page 5, strike lines 1 through 3 and substitute:

"(9) "PUBLIC HEALTH EMERGENCY" MEANS:
(a) AN ACT OF BIOTERRORISM, A PANDEMIC INFLUENZA, OR AN
EPIDEMIC CAUSED BY A NOVEL AND HIGHLY FATAL INFECTIOUS AGENT,
FOR WHICH:
(I) AN EMERGENCY IS DECLARED BY A FEDERAL, STATE, OR LOCAL
PUBLIC HEALTH AGENCY; OR
(II) A DISASTER EMERGENCY IS DECLARED BY THE GOVERNOR; OR
(b) A HIGHLY INFECTIOUS ILLNESS OR AGENT WITH EPIDEMIC OR
PANDEMIC POTENTIAL FOR WHICH A DISASTER EMERGENCY IS DECLARED
BY THE GOVERNOR.".

Page 13, line 21, strike "AND".

Page 13, strike line 23 and substitute "UNDER THS SECTION; AND
(c) EMPLOYEES ARE ONLY ELIGIBLE FOR PAID SICK LEAVE IN THE
AMOUNT DESCRIBED IN SUBSECTION (1) OF THIS SECTION ONCE DURING
THE ENTIRETY OF A PUBLIC HEALTH EMERGENCY EVEN IF SUCH PUBLIC
HEALTH EMERGENCY IS AMENDED, EXTENDED, RESTATED, OR
PROLONGED.".


Amendment No. 4(L.050), by Senator Fenberg.

Amend printed bill, page 17, strike lines 13 through 16 and substitute:

"(4) (a) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION
(2)(a) OR (6) OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED
ONE HUNDRED DOLLARS FOR EACH SEPARATE VIOLATION.
(b) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION (2)(b)
OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED ONE
HUNDRED DOLLARS.
(c) THE FINES COLLECTED UNDER THIS SUBSECTION (4) SHALL BE
TRANSMITTED TO THE STATE TREASURER, WHO SHALL DEPOSIT THE FINES
IN THE GENERAL FUND.".


Amendment No. 5(L.052), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 3, strike lines 13 and 14 and substitute:

"Page 16 of the bill, strike lines 12 through 21 and substitute:

"8-13.3-408. Notice to employees - penalty - rules. (1) EACH
EMPLOYER SHALL NOTIFY ITS EMPLOYEES THAT THEY ARE ENTITLED TO
PAID SICK LEAVE, PURSUANT TO RULES PROMULGATED BY THE DIVISION.
THE RULES MUST REQUIRE THE NOTICE TO:
(a) SPECIFY THE AMOUNT OF PAID SICK LEAVE TO WHICH
EMPLOYEES ARE ENTITLED AND THE TERMS OF ITS USE UNDER THIS PART
4; AND
(b) NOTIFY EMPLOYEES THAT EMPLOYERS CANNOT RETALIATE
AGAINST AN EMPLOYEE FOR REQUESTING OR USING PAID SICK LEAVE AND
THAT AN EMPLOYEE HAS THE RIGHT TO FILE A COMPLAINT OR BRING A
CIVIL ACTION IF PAID SICK LEAVE IS DENIED BY THE EMPLOYER OR THE
EMPLOYER RETALIATES AGAINST THE EMPLOYEE FOR EXERCISING THE
EMPLOYEE'S RIGHTS UNDER THIS PART 4.".".


Amendment No. 6(L.055), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 2, line 1, strike ""THIS" and substitute ""AN
EMPLOYER MAY SATISFY THE ACCRUAL REQUIREMENTS OF THIS SECTION
BY PROVIDING THE EMPLOYEE WITH AN AMOUNT OF PAID SICK LEAVE
THAT MEETS OR EXCEEDS THE REQUIREMENTS OF THIS SECTION AT THE
BEGINNING OF THE YEAR. NOTHING IN THIS SECTION DISCOURAGES OR
PROHIBITS AN EMPLOYER FROM PROVIDING PAID SICK LEAVE THAT
ACCRUES AT A FASTER OR MORE GENEROUS RATE THAN REQUIRED BY THIS
SECTION. THIS".


Amendment No. 7(L.057), by Senator Fenberg.

Amend printed bill, page 5, line 23, strike "leave." and substitute "leave
- rules.".

Page 8, after line 7 insert:

"(9) THE DIVISION SHALL PROMULGATE RULES REGARDING
COMPENSATION AND ACCRUAL OF PAID SICK LEAVE FOR EMPLOYEES
EMPLOYED AND COMPENSATED ON A FEE-FOR-SERVICE BASIS.".


Amendment No. 8(L.018), by Senator Fenberg.

Amend printed bill, page 21, after line 4 insert:

"8-13.3-418. Employer authorized to take disciplinary action.
NOTHING IN THIS PART 4 PROHIBITS AN EMPLOYER FROM TAKING
DISCIPLINARY ACTION AGAINST AN EMPLOYEE WHO USES PAID SICK LEAVE
PROVIDED UNDER THIS PART 4 FOR PURPOSES OTHER THAN THOSE
DESCRIBED IN THIS PART 4.".


Amendment No. 9(L.029), by Senator Fenberg.

Amend printed bill, page 10, after line 10 insert:

"(6) EXCEPT AS PROVIDED IN SECTION 8-13.3-405 (5)(b), FOR PAID
SICK LEAVE OF FOUR OR MORE CONSECUTIVE WORK DAYS, AN EMPLOYER
MAY REQUIRE REASONABLE DOCUMENTATION THAT THE PAID SICK LEAVE
IS FOR A PURPOSE AUTHORIZED BY THIS PART 4.".


Amendment No. 10(L.045), by Senator Fenberg.

Amend printed bill, page 9, strike lines 23 through 26 and substitute:

"(3) AN EMPLOYEE MUST USE PAID SICK LEAVE IN HOURLY
INCREMENTS UNLESS THE EMPLOYEE'S EMPLOYER ALLOWS PAID SICK
LEAVE TO BE TAKEN IN SMALLER INCREMENTS OF TIME.".


Amendment No. 11(L.046), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 2, strike lines 1 through 3 and substitute:

"Page 6 of the bill, strike lines 2 through 5 and substitute "EVERY THIRTY
HOURS WORKED BY THE EMPLOYEE; EXCEPT THAT AN EMPLOYEE IS NOT
ENTITLED UNDER THIS SECTION TO EARN OR USE MORE THAN FORTY-EIGHT
HOURS OF PAID SICK LEAVE EACH YEAR, UNLESS THE EMPLOYER SELECTS
A HIGHER LIMIT. THIS SUBSECTION (2)(a) DOES NOT LIMIT THE ABILITY OF
AN EMPLOYEE TO USE PAID SICK LEAVE AS PROVIDED IN SECTION
8-13.3-405.".".


Amendment No. 12(L.048), by Senator Fenberg.

Amend printed bill, page 20, line 18, strike "THIS" and substitute:
"(1) THIS".

Page 20, after line 24 insert:

"(2) TO THE EXTENT ALLOWABLE AND NOT IN CONFLICT WITH
FEDERAL LAW, ANY PAID SICK LEAVE PROVIDED TO AN EMPLOYEE OF A
FEDERAL CONTRACTOR AS REQUIRED BY FEDERAL EXECUTIVE ORDER
13706, "ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS",
AS PUBLISHED IN 81 FED. REG. 67598 (2016), IS CONSIDERED PAID SICK
LEAVE PROVIDED UNDER THIS PART 4.".


Amendment No. 13(L.049), by Senator Fenberg.

Amend the State, Veterans, and Military Affairs Committee Report,
dated June 3, 2020, page 4, strike lines 20 through 30 and substitute:

"Page 20 of the bill, strike lines 25 through 27.

Page 21, strike lines 1 through 4 and substitute:
"8-13.3-415. Collective bargaining agreements. (1) WITH
AGREEMENT OF THE FUND TRUSTEES, AN EMPLOYER SIGNATORY TO A
MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT MAY FULFILL ITS
OBLIGATIONS UNDER THIS PART 4 BY MAKING CONTRIBUTIONS TO A
MULTIEMPLOYER PAID SICK LEAVE FUND, PLAN, OR PROGRAM BASED ON
THE HOURS EACH OF ITS EMPLOYEES ACCRUES PURSUANT TO THIS PART 4
WHILE WORKING UNDER THE MULTIEMPLOYER COLLECTIVE BARGAINING
AGREEMENT, PROVIDED THAT THE FUND, PLAN, OR PROGRAM ENABLES
EMPLOYEES TO COLLECT PAID SICK LEAVE FROM THE FUND, PLAN, OR
PROGRAM BASED ON HOURS THEY HAVE WORKED UNDER THE
MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT AND FOR THE
PURPOSES SPECIFIED UNDER THIS PART 4.
(2) EMPLOYEES WHO WORK UNDER A MULTIEMPLOYER
COLLECTIVE BARGAINING AGREEMENT INTO WHICH THEIR EMPLOYERS
MAKE CONTRIBUTIONS AS PROVIDED IN SUBSECTION (1) OF THIS SECTION
MAY COLLECT FROM THE PAID SICK LEAVE FUND, PLAN, OR PROGRAM
BASED ON HOURS THEY HAVE WORKED UNDER THE MULTIEMPLOYER
COLLECTIVE BARGAINING AGREEMENT AND FOR THE PURPOSES SPECIFIED
UNDER THIS PART 4.
8-13.3-416. Employer policies. AN EMPLOYER POLICY
ADOPTED".".


Amendment No. 14(L.042), by Senator Fenberg.

Amend printed bill, page 15, strike lines 2 through 16.

Renumber succeeding subsections accordingly.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, June 9
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--
Concerning the requirement that employers offer sick leave to their employees, and, in
connection therewith, making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator Fenberg
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.058), by Senator Fenberg.

Amend engrossed bill, page 11, strike line 16 and substitute "emergency.
(1) IN ADDITION TO PAID SICK LEAVE ACCRUED UNDER SECTION
8-13.3-403, ON THE DATE A PUBLIC HEALTH EMERGENCY IS DECLARED,
EACH EMPLOYER".

Page 12, line 1, strike "(2)" and substitute "(2) (a) AN EMPLOYER MAY
COUNT AN EMPLOYEE'S UNUSED ACCRUED PAID SICK LEAVE UNDER
SECTION 8-13.3-403 TOWARD THE SUPPLEMENTAL PAID SICK LEAVE
REQUIRED IN SUBSECTION (1) OF THIS SECTION.
(b)".

The amendment was passed on the following roll call vote:

YES 33 NO 0 EXCUSED 2 ABSENT 0
Bridges Y Gardner Y Marble E Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson E Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 19 NO 14 EXCUSED 2 ABSENT 0
Bridges Y Gardner N Marble E Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen Y Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson E Hill N Rankin N Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg N


House Journal, June 12
22 Amendment No. 1, by Representative Becker.
23
24 Amend reengrossed bill, page 5, after line 27 insert:
25
26 "(12) "SUCCESSOR EMPLOYER" MEANS AN EMPLOYING UNIT,
27 WHETHER OR NOT AN EMPLOYING UNIT AT THE TIME OF ACQUISITION, THAT
28 BECOMES AN EMPLOYER SUBJECT TO THIS PART 4 BECAUSE IT ACQUIRES
29 ALL OF AN ORGANIZATION, A TRADE, OR A BUSINESS OR SUBSTANTIALLY
30 ALL OF THE ASSETS OF ONE OR MORE EMPLOYERS SUBJECT TO THIS PART
31 4.".
32
33 Renumber succeeding subsection accordingly.
34
35 Page 8, strike lines 21 through 26 and substitute:
36
37 "(8) IF A SUCCESSOR EMPLOYER SUCCEEDS AN ORIGINAL
38 EMPLOYER, ALL EMPLOYEES OF THE ORIGINAL EMPLOYER WHO REMAIN
39 EMPLOYED BY THE SUCCESSOR EMPLOYER ARE ENTITLED TO ALL PAID SICK
40 LEAVE THAT THE EMPLOYEES ACCRUED WHEN EMPLOYED BY THE
41 ORIGINAL EMPLOYER AND ARE ENTITLED TO USE PREVIOUSLY ACCRUED
42 PAID SICK LEAVE AS SPECIFIED IN SECTION 8-13.3-404.".
43
44 Amendment No. 2, by Representative Becker.
45
46 Amend reengrossed bill, page 4, line 19, strike "(8) (a)" and substitute
47 "(8) (a) (I)".
48
49 Page 4, line 20, strike "(I)" and substitute "(A)".
50
51 Page 4, line 23, strike "(II)" and substitute "(B)".
52
53 Page 4, after line 25 insert:
54
55 "(II) FOR PURPOSES OF SUBSECTION (8)(a)(I)(A) OF THIS SECTION:
1 (A) "SAME HOURLY RATE OR SALARY" UNDER THIS PART 4 DOES
2 NOT INCLUDE OVERTIME, BONUSES, OR HOLIDAY PAY.
3 (B) FOR EMPLOYEES PAID ON COMMISSION BASIS ONLY, "SAME
4 HOURLY RATE OR SALARY" MEANS A RATE OF NO LESS THAN THE
5 APPLICABLE MINIMUM WAGE.
6 (C) FOR EMPLOYEES PAID AN HOURLY, WEEKLY, OR MONTHLY
7 WAGE AND ALSO PAID ON A COMMISSION BASIS, "SAME HOURLY RATE OR
8 SALARY" MEANS THE RATE OF PAY EQUIVALENT TO THE EMPLOYEE'S
9 HOURLY, WEEKLY, OR MONTHLY WAGE OR THE APPLICABLE MINIMUM
10 WAGE, WHICHEVER IS GREATER.".
11
12 Amendment No. 3, by Representative Becker.
13
14 Amend reengrossed bill, page 19, line 2, strike "THREE-YEAR" and
15 substitute "TWO-YEAR".
16
17 Amendment No. 4, by Representative Becker.
18
19 Amend reengrossed bill, page 19, strike lines 11 and 12 and substitute
20 "PRESUMED TO HAVE VIOLATED THIS PART 4 UNLESS THE EMPLOYER
21 DEMONSTRATES COMPLIANCE BY A PREPONDERANCE OF THE EVIDENCE.".
22
23 Amendment No. 5, by Representative Becker.
24
25 Amend reengrossed bill, page 20, strike lines 10 through 13 and
26 substitute:
27
28 "(d) BEFORE COMMENCING ANY CIVIL ACTION UNDER THIS
4 29 SECTION, AN AGGRIEVED PERSON MUST, IN ACCORDANCE WITH ARTICLE
30 OF THIS TITLE 8, SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A
31 WRITTEN DEMAND FOR COMPENSATION OR OTHER RELIEF TO THE
32 EMPLOYER. AN EMPLOYER HAS FOURTEEN DAYS TO RESPOND AFTER
33 RECEIVING EITHER A NOTICE FROM THE DIVISION THAT A COMPLAINT HAS
34 BEEN FILED WITH THE DIVISION OR A WRITTEN DEMAND FROM THE
35 AGGRIEVED PERSON FOR COMPENSATION OR OTHER RELIEF UNDER THIS
36 PART 4.".
37
38 Amendment No. 6, by Representative Becker.
39
40 Amend reengrossed bill, page 11, line 11, strike "EXCEPT AS PROVIDED IN
41 SECTION 8-13.3-405 (5)(b)," and substitute "NOTWITHSTANDING SECTION
42 8-13.3-405 (4)(b),".
43
44 Amendment No. 7, by Representative Roberts.
45
46 Amend reengrossed bill, page 11, line 14, after the period add
47 "ADDITIONALLY, AN EMPLOYER OF A SEASONAL EMPLOYEE IN THE
48 OUTDOOR RECREATION INDUSTRY MAY REQUEST REASONABLE
49 DOCUMENTATION AFTER ONE WORK DAY IF THE EMPLOYER HAS A
50 REASONABLE BELIEF THAT THE EMPLOYEE HAS USED THE PAID SICK LEAVE
51 IN VIOLATION OF THIS PART 4.".
52
53
1 Amendment No. 8, by Representative Larson.
2
3 Amend reengrossed bill, page 4, line 8, strike "GOVERNMENT." and
4 substitute "GOVERNMENT OR AN EMPLOYER WITH FIFTEEN OR FEWER
5 EMPLOYEES.".
6
7 As amended, ordered revised and placed on the Calendar for Third
8 Reading and Final Passage.

House Journal, June 12
28 Amend reengrossed bill, page 4, line 3, after the period add ""EMPLOYEE"
29 DOES NOT INCLUDE A SEASONAL WORKER EMPLOYED IN THE AGRICULTURE
30 INDUSTRY.".
31
32 The amendment was declared lost by the following roll call vote:
33
34 YES 21 NO 39 EXCUSED 5 ABSENT
35 Arndt N Exum N Larson Y Singer N
36 Baisley Y Froelich N Liston Y Sirota N
37 Benavidez N Garnett N Lontine N Snyder N
38 Bird N Geitner Y McCluskie N Soper Y
39 Bockenfeld Y Gonzales-Gutierrez N McKean E Sullivan N
40 Buck Y Gray N McLachlan N Tipper N
41 Buckner N Herod N Melton N Titone N
42 Buentello E Holtorf Y Michaelson Jenet N Valdez A. N
43 Caraveo N Hooton N Mullica N Valdez D. N
44 Carver Y Humphrey Y Neville Y Van Winkle Y
45 Catlin Y Jackson E Pelton Y Weissman N
46 Champion Y Jaquez Lewis N Ransom Y Will Y
47 Coleman N Kennedy N Rich Y Williams D. Y
48 Cutter N Kipp N Roberts N Wilson Y
49 Duran N Kraft-Tharp N Saine Y Woodrow N
50 Esgar N Landgraf E Sandridge E Young N
51 Speaker N

Senate Journal, June 15
SB20-205 by Senator(s) Fenberg and Bridges; also Representative(s) Becker and Caraveo--Concerning
the requirement that employers offer sick leave to their employees, and, in connection
therewith, making an appropriation.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB20-205

*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************

To the President of the Senate and the
Speaker of the House of Representatives:

Your first conference committee appointed on SB20-205,
concerning the requirement that employers offer sick leave to their
employees, and, in connection therewith, making an appropriation, has
met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the
bill, as the amendments appear in the rerevised bill, with the following
changes:

Amend rerevised bill, page 4, lines 8 and 9, strike "GOVERNMENT OR AN
EMPLOYER WITH FIFTEEN OR FEWER EMPLOYEES." and substitute
"GOVERNMENT.".

Page 5, line 1, strike "FOR PURPOSES OF" and substitute "AS USED IN".

Page 5, line 4, after "ON" insert "A".

Page 6, line 26, after "(1)" insert "(a)".

Page 7, strike lines 2 through 4 and substitute:

"(b) EFFECTIVE JANUARY 1, 2021, EACH EMPLOYER WITH SIXTEEN
OR MORE EMPLOYEES SHALL PROVIDE EACH EMPLOYEE PAID SICK LEAVE
AS PROVIDED IN THIS SECTION. THIS SUBSECTION (1)(b) IS REPEALED,
EFFECTIVE JANUARY 1, 2022.
(c) EFFECTIVE JANUARY 1, 2022, EACH EMPLOYER SHALL PROVIDE
EACH EMPLOYEE PAID SICK LEAVE AS PROVIDED IN THIS SECTION.
(2) (a) EACH EMPLOYEE EARNS AT LEAST ONE HOUR OF PAID SICK
LEAVE FOR".

Page 12, strike lines 6 through 10 and substitute "A PURPOSE AUTHORIZED
BY THIS PART 4.".

Page 21, strike line 1 and substitute:

"(b) (I) BEGINNING JANUARY 1, 2021, AN EMPLOYER WITH
SIXTEEN OR MORE EMPLOYEES WHO VIOLATES THIS".

Page 21, line 3, after the period add "THIS SUBSECTION (4)(b)(I) IS
REPEALED, EFFECTIVE JANUARY 1, 2022.
(II) BEGINNING JANUARY 1, 2022, AN EMPLOYER WHO VIOLATES
THIS PART 4 IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED
BY SECTION 8-5-104 (2)(a) AND (2)(b).".

2. That, under the authority granted the committee to consider
matters not at issue between the two houses, the following amendments
be recommended:

Amend rerevised bill, page 23, line 18, after "(1)" insert "(a)".

Page 24, line 3, strike "(2)" and substitute "(b)".

Page 24, line 5, strike "(1)" and substitute "(1)(a)".

Page 24, after line 9 insert:

"(2) THIS PART 4 DOES NOT APPLY TO EMPLOYEES COVERED BY A
BONA FIDE COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON THE
EFFECTIVE DATE OF THIS PART 4 IF THE COLLECTIVE BARGAINING
AGREEMENT PROVIDES FOR EQUIVALENT OR MORE GENEROUS PAID SICK
LEAVE FOR THE EMPLOYEES COVERED BY THE COLLECTIVE BARGAINING
AGREEMENT.
(3) FOR EMPLOYEES COVERED BY A BONA FIDE COLLECTIVE
BARGAINING AGREEMENT THAT IS INITIALLY NEGOTIATED OR NEGOTIATED
FOR THE NEXT COLLECTIVE BARGAINING AGREEMENT AFTER THE
EFFECTIVE DATE OF THIS PART 4, THIS PART 4 DOES NOT APPLY TO SUCH
EMPLOYEES IF THE REQUIREMENTS OF THIS PART 4 ARE EXPRESSLY WAIVED
IN THE COLLECTIVE BARGAINING AGREEMENT AND THE COLLECTIVE
BARGAINING AGREEMENT PROVIDES FOR EQUIVALENT OR MORE GENEROUS
PAID SICK LEAVE FOR THE EMPLOYEES COVERED BY THE COLLECTIVE
BARGAINING AGREEMENT.".


Respectfully submitted,


Senate Committee: House Committee:

(signed) (signed)
Sen. Fenberg, Chair Rep. Becker, Chair
Sen. Bridges Rep. Caraveo
Sen. Smallwood Rep. Larson