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Bill Summary for Bill Number HB16-1394 Date: 04/19/2016
Location: HCR 0107
Final
BILL SUMMARY for HB16-1394

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p
Adopt amendment L.002 (Attachment B). The motion p
Refer House Bill 16-1394, as amended, to the Commi
Pass Without Objection
Pass Without Objection
PASS



10:39 AM -- HB 16-1394

Representative Young, bill sponsor, presented House Bill 16-1394. The bill implements the recommendations of the at-risk adults with intellectual and developmental disabilities (IDD) mandatory reporting implementation task force. Among its many provisions, this bill:
      • standardizes statutory definitions related to at-risk persons and the mistreatment of at-risk persons, including persons with IDD;
      • expands the penalty that can be imposed by the court on a person convicted of mistreatment of an at-risk person to include the payment of treatment costs and restitution;
      • adds new mandatory reporters that are required to report the mistreatment of an at-risk person with IDD or at-risk elders;
      • removes the provision of law stating that bank and financial service personnel are only required to report mistreatment of an at-risk adult with IDD or elder if it is directly observed;
      • adds professionals that are encouraged to report mistreatment of at-risk adults;
      • reduces the amount of time local law enforcement agencies or county departments must prepare a written report on at-risk person mistreatment from 48 to 24 hours;
      • clarifies that if a county determines an investigation into the mistreatment is needed, the county department of human services or social services must conduct the investigation; and
      • clarifies that the human rights committee is responsible for ensuring that an investigation occurs for mistreatment of an adult with IDD who is receiving services through the Office of Community Living in the Department of Health Care Policy and Financing.

Representative Young distributed amendments L.001 and L.002 (Attachments A and B).

160419 AttachA.pdf160419 AttachA.pdf160419 AttachB.pdf160419 AttachB.pdf

10:43 AM

Representative Young answered questions from the committee about the bill and amendment L.002.

10:47 AM --
Mindy Kemp, Colorado Department of Human Services, testified in support of the bill.

10:51 AM --
Darla Stuart, The Arc of Aurora, testified in support of the bill.

10:53 AM

Ms. Kemp and Ms. Stuart answered questions from the committee.

11:14 AM

Representative Young and the committee members discussed amendment L.002 with Ms. Kemp.

11:15 AM --
Peg Ackerman, County Sheriffs of Colorado, testified in support of the bill.

11:16 AM --
Arnold Hanuman, Colorado District Attorneys' Council, testified in a neutral capacity on the bill. Mr. Hanuman answered questions from the committee.

11:22 AM --
Jenifer Waller, Colorado Bankers Association, testified in a neutral capacity on the bill. Ms. Waller answered questions from the committee.

11:25 AM

Representative Young explained amendment L.001 and answered questions from the committee.
BILL: HB16-1394
TIME: 11:27:31 AM
MOVED: McCann
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED: Ginal
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:28 AM

Representative Young explained amendment L.002.
BILL: HB16-1394
TIME: 11:28:30 AM
MOVED: McCann
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED: Ginal
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:29 AM

Representative Young made concluding remarks about the bill. Committee members commented on the bill.
BILL: HB16-1394
TIME: 11:33:59 AM
MOVED: Ginal
MOTION: Refer House Bill 16-1394, as amended, to the Committee of the Whole. The motion passed on a vote of 9-4.
SECONDED: Buckner
VOTE
Brown
Yes
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
Yes
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



11:34 AM

The committee adjourned.