Bill Summary for Bill Number HB12-1074

Date: 02/09/2012

Final
BILL SUMMARY for HB12-1074

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment B). The Adopt prepared amendment L.002 (Attachment C). The Refer House Bill 12-1074, as amended, to the Commi	Pass Without Objection Pass Without Objection PASS

02:37 PM -- House Bill 12-1074

Representative Jim Kerr, prime sponsor, presented House Bill 12-1074 concerning access to data to assist the courts in overseeing persons appointed to manage the affairs of persons under disability. Under this bill, recommended by the Legislative Audit Committee, a court may access data maintained by state agencies that includes contact information for guardians and conservators acting on behalf of incapacitated or protected persons when the guardian or conservator has failed to file a required report or respond to a court order. A court conducting an investigation may access contact information for the guardian, conservator, incapacitated person, or the protected person, provided that the court preserves the confidentiality of any information it receives. The bill obliges all state government agencies with records containing personal contact information to respond to an investigation of a guardian or conservator by a Colorado court.

The bill specifically identifies vital statistics information (in the Department of Public Health and Environment), wage and employment data (in the Department of Labor and Employment), drivers' license and tax records (in the Department of Revenue), and voter records (as transmitted annually by the Secretary of State to the State Court Administrator's Office) as sources of personal contact information. The Judicial Branch and these named agencies, at their own discretion, may execute data-sharing agreements to guide the use of state agency data for guardian and conservator investigations.

To accept the status of a guardian or conservator under the bill, a nominee must sign a statement acknowledging to the court their understanding that they may be investigated, that such an investigation may include access to state agency data, or that they may be held in contempt of court for failing to file required reports or respond to a court order.

Background. A September 2011 report by the Office of the State Auditor found that Colorado courts supervising guardianship and conservatorship cases are deficient in obtaining and reviewing reports required of guardians and conservators and following up when these reports are missing. To address concerns in the audit report, the Judicial Branch stated that it would seek legislation granting courts access to Department of Revenue databases for contact information for delinquent guardians and conservators. The Legislative Audit Committee determined to support legislation with expanded authority to utilize information from multiple state agencies.

The bill identifies four executive branch departments that are presumed to have useful data for personal contact information. The bill also allows access to data maintained by other state agencies. There are many state agencies that maintain records with personal contact information. As examples:

• The Department of Natural Resources tracks personal information when hunting and fishing licenses are sold.

• The Department of Personnel and Administration maintains information about persons owing debts to the state.

• The Department of Human Services has some existing guardian and conservator information in its child welfare database.

• The Governor's Energy Office manages participation in the federal Low-Income Weatherization Program.

Representative Kerr responded to questions from the committee about the bill.

02:44 PM -- Tammy Conover, representing the Colorado Bar Association and the Colorado Elder Association, testified in support of the bill. Ms. Conover responded to questions from the committee regarding the breadth and scope of information the bill allows the courts to access. She stated that many agencies are listed because some people may not show up in certain databases. Ms. Conover said that the language in the bill clarifies what information courts can obtain, who can obtain it, and how they go about it. She responded to questions from the committee about why the courts can access wage and employment and income tax data. She stated that if the definition is too narrow, people might not be able to access pertinent information due to the way databases are maintained. Ms. Conover responded to questions from the committee regarding narrowing access to information. Discussion ensued about how narrowing access could prohibit people from accessing the necessary information.

02:56 PM

Committee discussion with Ms. Conover continued. Representative Kerr spoke about a judicial oversight report that discusses the need for the bill.

02:58 PM -- Jeff Clayton, representing the Judicial Branch, testified in support of the bill.

03:01 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of the bill.

03:03 PM -- Rudy Bush, representing himself, testified in opposition to the bill. Mr. Bush brought a handout, which was distributed to the committee (Attachment A). He stated that the bill will not help and he does not like that the state puts senior citizens on guardianship, steals their money, and puts them on killer drugs.

03:07 PM

Representative Kerr wrapped up his presentation of the bill and explained prepared amendments L.001 and L.002 (Attachments B and C).


BILL:	HB12-1074
TIME:	03:08:13 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Waller
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1074
TIME:	03:09:10 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1074
TIME:	03:11:43 PM
MOVED:	Kagan
MOTION:	Refer House Bill 12-1074, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Pabon
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Excused
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS