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First Regular Session | 75th General Assembly
Colorado General Assembly
HB16-1388

Employer Hiring Criminal History Employee

Type Bill
Session 2016 Regular Session
Subjects
Business & Economic Development Labor & Employment

Concerning the timing of inquiring into a job applicant's criminal history.

Bill Summary:

The bill generally prohibits an employer from:
  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Making an inquiry about a candidate's arrests or criminal convictions until the candidate has been offered an interview or a conditional offer of employment.
An employer is exempt from these restrictions when:
  • The law forbids a person from being employed on account of a criminal conviction or requires an employer to consider a candidate's criminal history for the job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The job requires a fidelity bond and the criminal history would disqualify the candidate.
An employer must keep applications for 9 months. The department of labor and employment will enforce the section with civil penalties. A violation of the restrictions does not create a private cause of action.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Prime Sponsors

Representative Beth McCann

Representative

Beth McCann

Senator Michael Merrifield

Senator

Michael Merrifield

Senator Lucia Guzman

Senator

Lucia Guzman

Committees

House

Judiciary

Appropriations

Senate

State, Veterans, & Military Affairs

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
04/27/2016 Reengrossed PDF
04/22/2016 Engrossed PDF
03/16/2016 Introduced PDF
Date Version Documents
05/31/2016 FN3 PDF
03/30/2016 FN2 PDF
03/28/2016 FN1 PDF
Date Version Documents
04/22/2016 SA1 PDF
Activity Vote Documents
Postpone House Bill 16-1388 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection. Vote summary
Refer House Bill 16-1388 to the Committee on Appropriations. The motion failed on a vote of 2-3. Vote summary
Hearing Summary
|
Committee Report:  PDF
Activity Vote Documents
Refer House Bill 16-1388 to the Committee of the Whole. The motion passed on a vote of 7-6. The motion passed on a vote of 7-6. Vote summary
Hearing Summary
|
Committee Report:  PDF
Activity Vote Documents
Adopt amendment L.001 (Attachment D). The motion failed on a vote of 4-7. Vote summary
Refer House Bill 16-1388 to the Committee on Appropriations. The motion passed on a vote of 6-5. Vote summary
Hearing Summary
|
Committee Report:  PDF
Date Calendar Motion Vote Vote Document
04/27/2016 Third Reading BILL
35
AYE
29
NO
1
OTHER
 		Vote record
04/22/2016 Committee of the Whole AMD (L.002)
31
AYE
32
NO
2
OTHER
 		Vote record
Date Location Action
05/04/2016 Senate Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
04/27/2016 Senate Introduced In Senate - Assigned to State, Veterans, & Military Affairs
04/27/2016 House House Third Reading Passed - No Amendments
04/26/2016 House House Third Reading Laid Over Daily - No Amendments
04/22/2016 House House Second Reading Passed with Amendments - Floor
04/22/2016 House House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/12/2016 House House Committee on Judiciary Refer Unamended to Appropriations
03/16/2016 House Introduced In House - Assigned to Judiciary

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