Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_JUD_2022A 04/06/2022 01:38:04 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/06/2022
Attendance
Amabile X
Bacon X
Benavidez X
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch X
Roberts X
Tipper X
Weissman X
Time 01:38:04 PM to 05:43:03 PM
Place HCR 0107
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB22-1317 Amended, referred to the Committee of the Whole
HB22-1216 Postponed Indefinitely
SB22-018 Referred to House Appropriations
SB22-010 Amended, referred to the Committee of the Whole
HB22-1318 Referred to House Appropriations

HB22-1317 - Amended, referred to the Committee of the Whole

01:38:15 PM  
The committee was
called to order.  A quorum was present.  Representative Tipper,
prime sponsor, presented House Bill 22-1317.  Representative Tipper
explained the effect of the bill and discussed its need.  She also
discussed case law impacting non-compete covenants for employment.  Representative
Tipper responded to questions regarding the scope of the bill in terms
of types of employment covered, including law enforcement, and the definition
of certain terms in the bill.  Discussion ensued regarding some forthcoming
amendments.
02:10:26 PM  
Rachel Arnow-Richmond,
representing herself, testified in support of HB 22-1317.  Written
testimony may be found in Attachment A.
02:19:06 PM  
Loren Furman, representing the Colorado Chamber of Commerce, testified in opposition to HB 22-1317.

Michael Greco, representing the South Metro Denver Chamber of Commerce and Fisher & Phillips LLC, testified on the bill from an "amend" position.

Tony Gagliardi,representing the National Federation of Independent Business, testified in opposition to the bill.

Josh Ewing, representing the Colorado Hospital Association, testified on the bill from a neutral position.

02:35:00 PM  
Evan Starr, representing himself, testified in support of HB 22-1317. Professor Starr responded to questions regarding the $100,000 salary threshold for noncompete agreements, and nonsolicitation agreements for lower-salary workers. Professor Starr responded to further questions regarding the time frame within which employees sign noncompete agreements.
02:46:13 PM  
David Seligman, representing Towards Justice, testified in support of HB 22-1317.

Sundeep Vaheesan, representing the Open Markets Institute, testified in support of the bill.

Terri Gerstein, representing herself, testified in support of the bill.

Mr. Seligman responded to questions regarding the ability of employers to recoup investments in employees, such as education, under the bill, and pro-rating these investment costs. Discussion ensued regarding how the bill would protect trade secrets and other proprietary information, particularly with respect to those who are not highly compensated. Discussion followed regarding use of customer lists upon employment separation under the bill.

03:20:10 PM  
Nina DiSalvo, representing Towards Justice, testified in support of HB 22-1317.

Brian Moore, representing Jester Gibson & Moore LLP, testified in support of HB 22-1317.

Edith Mata, representing 9to5 Colorado, testified in support of the bill.

Meredith Munro, representing herself, testified in support of the bill.

Discussion ensued regarding the potential economic impact of the bill, and the remedies available in the bill for violations. Mr. Moore responded to questions regarding the types of noncompete covenants that would be voided by the bill, and porting customer lists after employment separation under the bill. Discussion followed regarding disclosures associated with signing noncompete and nondisclosure covenants.

03:52:53 PM  
Representative Tipper
explained the effect of amendment L.001 (Attachment B).


03:56:40 PM
Motion Adopt amendment L.001
Moved Tipper
Seconded Weissman
Amabile
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:56:59 PM  
The committee discsussed
L.002 (Attachment C).


03:57:12 PM
Motion Adopt amendment L.002
Moved Tipper
Seconded Weissman
Amabile
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:57:15 PM  
Representative Tipper
explained the effect of amendment L.003 (Attachment D).


03:58:41 PM
Motion Adopt amendment L.003
Moved Tipper
Seconded Weissman
Amabile
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:58:43 PM  
Representative Tipper
explained the effect of amendment L.004 (Attachment E).


04:01:53 PM
Motion Adopt amendment L.004
Moved Tipper
Seconded Weissman
Amabile
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:01:56 PM  
Representative Tipper provided closing remarks in support of HB 22-1317. Various committee members provided their positions on the bill.


04:11:08 PM
Motion Refer House Bill 22-1317, as amended, to the Committee of the Whole.
Moved Tipper
Seconded Weissman
Amabile Yes
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB22-1216 - Postponed Indefinitely




04:12:09 PM
Motion Postpone House Bill 22-1216 indefinitely.
Moved Tipper
Seconded Carver
Amabile Yes
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB22-018 - Referred to House Appropriations


04:12:27 PM  
Representatives Benavidez
and Soper, prime sponsors, presented Senate Bill 22-018. Representative
Soper explained the effect of the bill and discussed its need.  Representative
Benavidez provided additional input on the legislation's merits.
04:19:38 PM  
Michael Honn, representing the Colorado State Patrol, testified in support of SB 22-018.

Timothy Lane, representing the Colorado District Attorneys' Council, testified in support of the bill.

Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of the bill.

Kym Ray, representing Together Colorado, testified in support of the bill.

04:27:04 PM  
Dennis Goodwin, representing Jefferson County, testified in support of SB 22-018.

Rebecca Wallace, representing the Colorado Freedom Fund, testified in support of the bill.

Discussion ensued regarding data associated with being able to contact the homeless population for court date reminder purposes.

04:36:43 PM  
No amendments were offered to SB 22-018. Representatives Benavidez and Soper provided closing remarks in support of the bill.


04:41:27 PM
Motion Refer Senate Bill 22-018 to the Committee on Appropriations.
Moved Benavidez
Seconded Tipper
Amabile Yes
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck No
Lynch Yes
Roberts Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB22-010 - Amended, referred to the Committee of the Whole


04:41:43 PM  
Representatives Amabile
and Benavidez, prime sponsors, presented Senate Bill 22-010.  Representative
Amabile explained the effect of the bill and discussed its need.  Representative
Benavidez provided further details on the effect of the bill.  Representative
Amabile explained the effect of amendment L.005 (Attachment F).
04:50:17 PM  
James Karbach, representing
the Office of the State Public Defender, testified on SB 22-010 from an
"amend" position.



Vincent Atchity, representing Mental Health Colorado, testified in support
of the bill.



Timothy Lane, representing the Colorado District Attorneys' Council, testified
on the bill from an "amend" position.



Gordon McLaughlin, representing himself, testified in support of the bill.



Discussion ensued regarding how diversion programming is funded, and amendment
L.005.  Written testimony may be found in Attachment G.
05:24:15 PM  
Meghan Baker, representing Disability Law Colorado, testified in support of SB 22-010.

Christian Gardner-Wood, representing the Boulder County District Attorney's Office, testified in support of the bill.

Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.



05:33:42 PM
Motion Adopt amendment L.005
Moved Amabile
Seconded Tipper
Amabile
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:33:44 PM  
Representatives Amabile and Benavidez provided closing remarks in support of SB 22-010. Representatives Roberts and Weissman provided their positions on the bill.


05:37:28 PM
Motion Refer Senate Bill 22-010, as amended, to the Committee of the Whole.
Moved Benavidez
Seconded Amabile
Amabile Yes
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB22-1318 - Referred to House Appropriations


05:37:38 PM  
Representative Benavidez,
prime sponsor, presented House Bill 22-1318.  Representative Benavidez
explained the effect of the bill and discussed its need.
05:40:30 PM  
David Shipley, representing the Colorado Information Sharing Consortium, testified in support of HB 22-1318.

Joe Miklosi, representing the Colorado Information Sharing Consortium, testified in support of the bill.

05:41:28 PM  
The sponsor gave
some closing remarks.


05:42:40 PM
Motion Refer House Bill 22-1318 to the Committee on Appropriations.
Moved Benavidez
Seconded Bockenfeld
Amabile Yes
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck No
Lynch Yes
Roberts Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


05:43:03 PM   The committee adjourned.






Colorado legislature email addresses ending in @state.co.us are no longer active. Please replace @state.co.us with @coleg.gov for Colorado legislature email addresses.  Details