Date: 01/26/2009

Final
BILL SUMMARY for HB09-1075

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
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03:18 PM -- House Bill 09-1075

Representative Middleton, prime sponsor, returned to the committee to continue discussing HB 09-1075 concerning the expansion of criminal history employment disqualifications for employees of the Department of Human Services. She presented a prepared strike below amendment (L.005) and explained how it is different from the printed bill. She responded to questions from the committee about how the strike below changes current practice.

03:25 PM --
Brad Mallon and Matthew Flora, Department of Human Services, spoke in support of the bill. Mr. Mallon explained the screening process for individuals working with vulnerable persons under the Vulnerable Persons Act. The department is authorized to screen potential hires only for individuals who will be in direct contact with vulnerable persons. Mr. Mallon indicated his belief that this bill asks permission to take another look at the Vulnerable Persons Act and make sure any problems are being addressed. The reason the department asked for the bill is to try and do a better job of screening applicants. He responded to questions from the committee regarding the potential burden to the Department of Public Safety, Colorado Bureau of Investigation. He explained the reasons for various changes made by L.005. He distributed a fact sheet about the bill (Attachment B) and two charts showing various charges and possible disqualifications under the bill (Attachment C and D).

09HouseJud0126AttachB.pdf 09HouseJud0126AttachC.pdf

09HouseJud0126AttachD.pdf


03:47 PM -- The committee continued discussing the ability and discretion to disqualify applicants. Mr. Mallon stated that the bill is trying to strengthen and fill in the gaps in the current Vulnerable Persons Act. He related examples of individuals who were not screened prior to employment who committed offenses while on the job. He stated his desire to be more thorough in the department's screening process in order to avoid hiring individuals who are inappropriately placed.

03:55 PM --
Jane Ritter, Office of Legislative Legal Services, responded to questions from the committee about L.005 and how it differs from the printed bill. There was an intent to distinguish between direct and indirect contact with vulnerable populations. She asked for more time to fully understand the implications of any changes.


04:02 PM

Representative Levy announced that the bill will lay over one bill. Representative Middleton asked that page 6, lines 8-29, should be deleted from the strike below. Representative Levy asked her to work with the drafter and bring back a prepared amendment, so the committee could understand the proposed changes. The bill was laid over until after HB 09-1157.