h_jud_2016a_2016-02-11t13:33:48z1 Hearing Summary

Date: 02/11/2016

02:42 PM -- HB16-1063



Representative Foote, prime sponsor, presented House Bill 16-1063, concerning an exception to the prohibition against disclosing confidential communications with a mental health professional when school safety is at risk. Committee members received a handout explaining the implications of the bill with regard to certain federal laws (Attachment C), and strike-below amendment L.005 (Attachment D). Representative Foote discussed the need for the legislation, and explained the effect of amendment L.005. Representative Foote responded to questions regarding how a school or school employee might not be covered by the federal Family Education Rights and Privacy Act (FERPA), and a potential ambiguity in amendment L.005.



16HouseJud0211AttachC.pdf 16HouseJud0211AttachD.pdf



02:58 PM



Representative Foote responded to questions regarding the options for a civil suit under the bill, and a repealer in the bill. Representative Foote responded to questions regarding the need for the legislation. Ms. Christy Chase, Office of Legislative Legal Services, addressed questions about the bill's repealer provisions. The following persons testified regarding HB 16-1063:



03:07 PM -- Mr. Michael Lott-Manier, representing Mental Health Colorado, made himself available to answer questions from the mental health perspective. Mr. Lott-Manier responded to questions regarding the ability of the mental health community to accommodate the disclosure standard contained in amendment L.005.



03:11 PM -- Mr. Don Hedded, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Hedded discussed the district's desire to access information to keep school children safe, and information management under the bill.



03:16 PM -- Ms. Debbie Lammers, representing the St. Vrain Valley School District Board of Education and the Colorado Association of School Boards (CASB), testified in support of the bill. Ms. Lammers read a statement about the importance of timely notification in preventing tragedies. Ms. Lammers responded to questions about CASB's position on the bill.



03:20 PM -- Ms. Jane Urschel, representing CASB, testified in support of the bill. She discussed the need to share certain information to keep schools safer, and explained CASB's position on the bill.



03:22 PM -- Mr. Jeff Zayach, representing Boulder County Public Health, testified in support of HB 16-1063. Mr. Zayach explained how the bill provides a tool for preventing school-based tragedies. Mr. Zayach responded to questions regarding the potential disparate application of the requirements of the bill across school districts. Discussion ensued on this point.



03:28 PM -- Mr. Nick Thompson, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Thompson related an incident during which a number of school employees collaborated to help a troubled student, and explained how the bill will help to foster such collaborations. Mr. Thompson responded to questions regarding the impact of federal laws on these collaborative activities.



03:31 PM -- Sheriff Bruce Hartman, representing Gilpin County and the County Sheriffs of Colorado, testified in support of HB 16-1063. He explained how the bill will help to avoid violent events at schools.



03:33 PM -- Mr. Matt Hofmeister, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Hofmeister explained how the bill will help bridge a communication gap based on different federal laws applying to various school employees, and the preventive nature of the bill.



03:38 PM -- Ms. Renee Rivera, representing the National Association of Social Workers, testified on bill. Ms. Rivera registered some concerns about the bill and the process by which the legislation was drafted.





03:41 PM



Representative Foote explained the effect of amendment L.005.

BILL:	HB16-1063
TIME:	03:42:47 PM
MOVED:	Willett
MOTION:	Adopt amendment L.006 (Attachment E). The motion passed without objection. 16HouseJud0211AttachE.pdf
SECONDED:	Lawrence
		VOTE
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Melton
	Salazar
	Willett
	Lee
	Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:45 PM



Representative Foote provided closing remarks in support of HB 16-1063. Representatives Kagan and Willett explained their positions on the bill.