Date: 02/25/2014

Final
BILL SUMMARY for HB14-1253

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment B). The motion p
Adopt amendment L.002 (Attachment C). The motion p
Refer House Bill 14-1253, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS



11:02 AM -- HB14-1253

Representative McCann presented House Bill 14-1253. The bill implements the recommendations of the Civil Commitment Review Task Force created under House Bill 13-1296. Among other things, the bill:

11:11 AM

Representative McCann referenced a fact sheet that was distributed prior to the meeting. She responded to questions about due process under the bill.

11:12 AM -- Jeannie Ritter, representing the Civil Commitment Review Task Force, testified in support of the bill. She discussed the task force.

11:15 AM -- Dr. Patrick Fox, representing the Civil Commitment Review Task Force and the Department of Human Services, testified in support of the bill. He discussed efforts to align the statutes concerning mental health holds and substance misuse holds. Dr. Fox responded to questions about the removal of "imminent" from "imminent danger" in the section concerning an emergency hold related to a mental illness. Representative McCann responded to question about a possible amendment concerning the definition of "gravely disabled."

11:23 AM -- Arthur Schut, representing Arapahoe House, testified in support of the bill. He discussed the services provided by Arapahoe House and the reasons why substance misuse cases need a five-day hold. Representative Singer discussed Arapahoe House.

11:26 AM -- Evan Silverman, representing himself, testified in support of the bill. He discussed his bi-polar disorder, his experience receiving treatment for his condition, and the benefits of advance directives for persons with a behavioral health illness. Representative McCann discussed advance directives for mental health issues.

11:34 AM -- Donald J. Mares, representing Mental Health America of Colorado, testified in support of the bill. He discussed his experience on the task force and the Behavioral Health Transformation Council. Mr. Mares commented on the inclusion of provisions concerning advance directives for persons with a behavioral health illness.

11:36 AM -- Dr. Gareen Hamalian, representing the Colorado Psychiatric Society and the Colorado Medical Society, testified in support of the bill. She discussed the benefits of the statute consolidation in the bill.

11:37 AM -- Mark Ivandick, representing The Legal Center for People with Disabilities and Older People, testified on the bill. He stated that his organization generally supports the bill. Mr. Ivandick discussed his organization's objections to the deletion of "imminent" from Section 27-65-105, C.R.S., and the repeal of the right to a jury trial in several statutory sections. Representative McCann responded to Mr. Ivandick's concerns.

11:46 AM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill. He discussed the removal of jury trials in commitment proceedings and that political speech might be perceived as a threat. He discussed issues related to firearm ownership. Mr. Edmiston responded to questions about whether his organization participated in the task force. Representative McCann responded to questions about the information submitted to the instant criminal background check system. She commented on the removal of the option for a jury trial.

11:52 AM -- Jimmy West, representing himself, testified in opposition to the bill. He discussed changes to the definition of "gravely disabled," the vagueness of the term "appears," and the loss of liberty in reference to Section 34 of the bill. Mr. West discussed the repeal of the option for a jury trial, the right to due process, the emergency service patrol, and the instant criminal background check system reporting requirements.

11:58 AM -- Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. She discussed the task force. She stated that mental health care is part of health care. She discussed the possible loss of privacy in a jury trial and the importance of having access to attorney and non-attorney advocates. Representative McCann responded to questions about the removal of the jury trial option.

12:07 PM -- Lou Vallario, representing the County Sheriffs of Colorado, testified in support of the bill. He discussed his concerns about the number of mental health beds and the location of facilities. He stated that state law allows a person on a mental health hold to be held in a county jail if no other resources are available.

12:12 PM

Representative McCann discussed amendment L.001 (Attachment B).

140225AttachB.pdf140225AttachB.pdf
BILL:HB14-1253
TIME: 12:13:11 PM
MOVED:McCann
MOTION:Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Schafer
VOTE
Fields
Ginal
Humphrey
Joshi
Landgraf
McNulty
Primavera
Singer
Swalm
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



12:13 PM

Representative McCann discussed amendment L.002 (Attachment C). Dr. Fox returned to the table to respond to a question about the amendment.

140225AttachC.pdf140225AttachC.pdf
BILL:HB14-1253
TIME: 12:15:08 PM
MOVED:McCann
MOTION:Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:Fields
VOTE
Fields
Ginal
Humphrey
Joshi
Landgraf
McNulty
Primavera
Singer
Swalm
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1253
TIME: 12:16:31 PM
MOVED:McCann
MOTION:Refer House Bill 14-1253, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:Fields
VOTE
Fields
Yes
Ginal
Yes
Humphrey
No
Joshi
No
Landgraf
No
McNulty
No
Primavera
Yes
Singer
Yes
Swalm
No
Schafer
Yes
McCann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




12:17 PM

The committee adjourned.