H_JUD_2018A 02/08/2018 01:35:38 PM Committee Summary

The committee was called to order. A quorum was present. Representative McKean, prime sponsor, presented House Bill 18-1057, concerning the collection of debts, and, in connection therewith, requiring that certain information about judgment debtors be disclosed to judgment creditors that obtain a court order for such disclosure and allowing collection agents to add certain expenses to amounts due for collection.  Representative McKean explained the effect of the bill and discussed its need.  Representative McKean responded to questions regarding the effect of amendment L.006 (Attachment A), and remedies under current law for creditors to access the information freed by the bill.  Discussion ensued regarding requiring the Department of Labor and Employment to disclose information, rather than making it optional on the part of the department.  Representative McKean responded to questions regarding the use of the patterned interrogatory under the bill.  Discussion followed regarding the recovery of attorney fees under the bill.

Representative McKean responded to questions regarding the effect of a debt judgment on the ability of a collector to add to the amount of a debt due, and how long the state has been assisting in the collection of private debt.

The following people testified in support of HB 18-1057: Mr. Tom Romola, representing the Associated Collections Agencies; Mr. Scott Allely; representing the Associated Collections Agencies; and Ms. Makyla Moody, representing Greenberg and Suda.  Mr. Romola spoke to the merits of the legislation, and addressed questions raised during earlier testimony.  Ms. Moody provided input on a question as to whether the bill applies to judgments originating from outside Colorado.

Mr. Romola continued to address questions raised during earlier discussion. Mr. Allely provided input on the collection of attorney fees and other fees under the bill. Mr. Romola briefed the committee on a chart comparing costs associated with debt collection under HB 18-1057, as compared to current costs.

Mr. Romola and Ms. Moody responded to questions regarding how debts are collected against entities under HB 18-1057, as compared to debt collection for natural persons.  Discussion ensued on this point.  Representative McKean explained the effect of amendment L.006.

The committee recessed.

The committee returned to order. Representatives Beckman and Buckner, prime sponsors, presented House Bill 18-1065, concerning discipline of a Department of Human Services employee when the employee is found to have mistreated a vulnerable person.  Representative Buckner explained the effect of the bill and discussed its need. Representative Beckman provided input on the merits of the legislation, and explained the effect of amendment L.001 (Attachment B). Representative Buckner provided input on the amendment.  Discussion ensued regarding the scope of the problem to be addressed by the bill.

The following persons testified in support of HB 18-1065: Mr. Tony Gherardini and Ms. Sarah Wager, representing the Department of Human Services.  Mr. Gherardini explained why the bill is necessary, and provided an overview of the effect of the legislation. Discussion ensued regarding the preponderance of the evidence in human resources matters under the bill for the Department of Human Services. Discussion followed regarding the use of "predominant" in the bill, and the threshold for disciplining an employee under the bill.

Discussion continued regarding activities that would result in disciplinary action for an employee under the bill. Ms. Wager provided input on the policies relied upon for creating employee expectations and providing the basis for punishment under the bill. Ms. Wager responded to questions regarding the department's policy on whether to discipline an employee who is acquitted of criminal charges associated with a work-related event. Representative Beckman noted that the bill brings the department's personnel policies into alignment with policies observed by private-sector care providers.

Discussion ensued regarding certain potential vagaries in the language of HB 18-1065 pertaining to the threshold for disciplinary action for Department of Human Services employees. Mr. Gherardini responded to questions regarding the number of disciplinary cases that the department has opened in recent years, and the number of those employees that have been reinstated. He related the circumstances of these cases, and discussion ensued about the cases.

Discussion returned to the policies governing employee discipline at the Department of Human Services, and how these policies were used in the cases cited.

Ms. Alison Butler, representing Disability Law Colorado, testified in support of HB 18-1065. Ms. Butler discussed the evolution in care for vulnerable populations, and the need to bolster protections for the clients served by the Department of Human Services. Ms. Butler responded to questions regarding whether the current employee disciplinary process is working well for the Department of Human Services, and the reasons why the department did not employ progressive discipline in the cited cases.

Ms. Jeanne Weiss, representing the Arc of Colorado, testified in support of the bill. Ms. Weiss discussed some cases where employees disciplined for neglect continued their employment in the field. Ms. Weiss responded to questions regarding the background check process for those seeking employment with the Department of Human Services. Mr. Gherardini provided input on the department's hiring process.

Ms. Kathy Hartman, representing herself, testified in support of the bill. Ms. Hartman discussed the care provided by Department of Human Services employees, and explained how the bill will help to keep certain problem employees away from vulnerable populations. She discussed the circumstances of her son, who is a client of the department. The chair laid over HB 18-1065. Representative Buckner provided additional thoughts about the issues associated with the bill. 

Representatives Foote and Willett, prime sponsors, presented Senate Bill 18-030, concerning the nonsubstantive relocation of laws related to self-propelled vehicles from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12.

Representative Wist and Lee, prime sponsors, presented Senate Bill 18-034, concerning the nonsubstantive relocation of laws related to the regulation of gaming from Title 12, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.  After passing the bill, the committee reconsidered the bill in order to allow consideration of amendment L.002 (Attachment C).

Representatives Foote and Herod, prime sponsors, presented Senate Bill 18-032, concerning the nonsubstantive relocation of laws from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12.

Representative Wist., prime sponsor, presented Senate Bill 18-035, concerning the nonsubstantive relocation of laws related to gambling payment intercept from Title 24, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.

The committee returned to considering SB 18-034 in order to consider amendment L.002.  Ms. Christy Chase, Legislative Legal Services, explained the amendment.

Representative Wist explained the effect of Senate Bill 18-036, concerning the nonsubstantive relocation of laws related to the regulation of tobacco sales to minors from Title 24, Colorado Revised Statutes, to a new title 44 as part of the organizational recodification of Title 12.

Ms. Jennifer Berman, Office of Legislative Legal Services, explained an issue with SB 18-036 that will be resolved by the Revisor of Statutes.