Income protection HD 1296_01[1]
Second Regular Session
Sixty-eighth General Assembly
STATE OF COLORADO
INTRODUCED
HOUSE BILL 12-1296
LLS NO. 12-0811.01 Jerry Barry x4341
HOUSE SPONSORSHIP
Singer,
SENATE SPONSORSHIP
(None),
House CommitteesSenate Committees
Judiciary
A BILL FOR AN ACT
C"IPA".
101
ONCERNING THE NCOMEROTECTION CT
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)
The bill creates the crime of wage theft for failing to pay wages or
compensation to an employee or falsely denying the amount of wages or
compensation due. Each failure to pay or false denial of wages or
compensation due to each employee in each calendar month is a separate
violation. It is an affirmative defense if a person is unable to pay the
wages or compensation. The bill incorporates the definitions of
"employee" and "wages or compensation" from other statutes pertaining
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
to wages.
1Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
2This act shall be known as the "Income Protection
3Act".
SECTION 2.add
4 In Colorado Revised Statutes, 18-4-420 as
5follows:
18-4-420. Wage theft.
6 (1) A
PERSON COMMITS THE OFFENSE OF
7,
WAGE THEFT IF THE PERSON IS UNDER A DUTY TO PAY OR THE PERSON HAS
8,
FINANCIAL CONTROL OF AN ENTITY THAT IS UNDER A DUTY TO PAY WAGES
9,:
OR COMPENSATION TO AN EMPLOYEE AND THE PERSON KNOWINGLY
10(a) F;
AILS TO PAY THE WAGES OR COMPENSATION TO AN EMPLOYEE
11
OR
12(b) F
ALSELY DENIES THAT THE AMOUNT OF WAGES OR
13.
COMPENSATION IS DUE TO AN EMPLOYEE
14(2) W:
AGE THEFT IS
15(a) A2
CLASS MISDEMEANOR IF THE AMOUNT OF WAGES OR
16;
COMPENSATION INVOLVED IS LESS THAN FIVE HUNDRED DOLLARS
17(b) A1
CLASS MISDEMEANOR IF THE AMOUNT OF WAGES OR
18
COMPENSATION INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT LESS
19;
THAN ONE THOUSAND DOLLARS
20(c) A4
CLASS FELONY IF THE AMOUNT OF WAGES OR
21
COMPENSATION INVOLVED IS ONE THOUSAND DOLLARS OR MORE BUT LESS
22;
THAN TWENTY THOUSAND DOLLARS
23(d) A3
CLASS FELONY IF THE AMOUNT OF WAGES OR
24.
COMPENSATION INVOLVED IS TWENTY THOUSAND DOLLARS OR MORE
25(3) F,
OR PURPOSES OF THIS SECTION EACH FAILURE TO PAY OR
HB12-1296
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1
FALSE DENIAL OF WAGES OR COMPENSATION TO EACH EMPLOYEE DUE
2.
DURING EACH CALENDAR MONTH IS A SEPARATE VIOLATION
3(4) (a) I
T IS AN AFFIRMATIVE DEFENSE TO AN OFFENSE DESCRIBED
4:
IN THIS SECTION IF
5(I) T
HE PERSON DOES NOT HAVE THE ABILITY TO PAY THE WAGES
6;
OR COMPENSATION AND
7(II) A,
T THE TIME OF REQUESTING THE LABOR OR SERVICE THE
8
PERSON HAS A GOOD FAITH AND REASONABLE BELIEF THAT PAYMENT WILL
9.
BE MADE IN A TIMELY MANNER WHEN DUE
10(b) F(4),
OR PURPOSES OF THIS SUBSECTION A PERSON IS PRESUMED
11,,
TO HAVE THE ABILITY TO PAY IF AT THE TIME THE OFFENSE IS COMMITTED
12
THE PERSON OR ENTITY HAS LEGAL CONTROL OVER A SUFFICIENT AMOUNT
13
OF MONEY TO PAY THE WAGES OR COMPENSATION AND HAS NOT FILED FOR
14.
PROTECTION UNDER THE FEDERAL BANKRUPTCY LAWS
15(5) A,
S USED IN THIS SECTION UNLESS THE CONTEXT OTHERWISE
16:
REQUIRES
17(a) "E"
MPLOYEE HAS THE SAME MEANING AS SET FORTH IN
188-4-101(4),C.R.S.
SECTION
19(b) "W"
AGES OR COMPENSATION HAS THE SAME MEANING AS
20""""8-4-101(8),C.R.S.
WAGE OR COMPENSATION IN SECTION
SECTION 3.Potential appropriation.
21 Pursuant to section
222-2-703, Colorado Revised Statutes, any bill that results in a net increase
23in periods of imprisonment in the state correctional facilities must include
24an appropriation of moneys that is sufficient to cover any increased
25capital construction and operational costs for the first five fiscal years in
26which there is a fiscal impact. Because this act may increase periods of
27imprisonment, this act may require a five-year appropriation.
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SECTION 4.Act subject to petition - effective date -
1
applicability.
2 (1) This act takes effect September 1, 2012, except that,
3if a referendum petition is filed pursuant to section 1 (3) of article V of
4the state constitution against this act or an item, section, or part of this act
5within the ninety-day period after final adjournment of the general
6assembly, then the act, item, section, or part will not take effect unless
7approved by the people at the general election to be held in November
82012 and, in such case, will take effect on the date of the official
9declaration of the vote thereon by the governor.
10(2) The provisions of this act apply to offenses committed on or
11after the applicable effective date of this act.
HB12-1296
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