H_JUD_2018A 03/29/2018 01:35:40 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Lundeen and Pettersen, prime sponsors, presented House Bill 18-1269, concerning notification to parents of charges brought against public school employees for alleged criminal conduct that could result in the revocation of an educator license pursuant to Title 22, Colorado Revised Statutes.  Representative Pettersen explained the effect of the bill and discussed its need.  Representative Lundeen provided further input on the need for the legislation.  Representative Lundeen responded to questions regarding the types of criminal offenses that fall within the scope of the bill.  Discussion ensued regarding the types of notifications required by the bill, and the ability of school districts to address the notification issue on their own.

Representative Pettersen responded to questions regarding how the required notifications under HB 18-1269 are handled for an employee who works in multiple schools.  Discussion ensued regarding certain duties created by the bill.  Representative Lundeen responded to questions regarding the current process that school districts observe in notifying parents of the crimes of school employees

Discussion ensued regarding the ability to accomplish the goals of HB 18-1269 through means other than passage of a state law, and the intent of certain language in the bill.  Discussion followed regarding potentially contradictory language in the bill, and the implications of the bill with regard to the federal Family Educational Rights and Privacy Act of 1974.  Discussion turned to what constitutes an employee for the purposes of notification under HB 18-1269.

Former Congressman Bob Schaffer, representing himself, testified in support of the bill.  Congressman Schaffer provided background on the issues that lead to HB 18-1269, and the types of incidents that have driven the need for the legislation.  Congressman Schaffer responded to questions regarding how the school for which he is the headmaster handles parental notification when a school employee is arrested for certain crimes. Congressman Schaffer responded to further questions regarding how other states have addressed parental notification of school employee arrests.

Mr. Tony Kovaleski, representing KMGH News, testified regarding the bill from a neutral position. Mr. Kovaleski screened portions of a news expose on the issues addressed by HB 18-1269. Mr. Kovaleski responded to questions regarding the timing of the schools he profiled receiving notification of the crimes of their employees from law enforcement officials, and the subsequent notification of parents. Mr. Kovaleski responded to further questions regarding the reasons why the schools he profiled had not notified parents of the employee arrests.

Mr. Ted Mische, representing himself, testified in support of HB 18-1269. Mr. Mische explained why it is important that he be able to access information on school employee arrests to improve the safety of his daughter.

Mr. Robert Fox, representing the Patriot League, testified in support of the bill. Mr. Fox read a statement by Aaron Robinson, President of the Patriot League (Attachment A).

Ms. Jane Goff, representing the Colorado State Board of Education, testified in support of the bill. She expressed satisfaction with the limited scope of the bill, and discussed certain safeguards in the bill. Ms. Goff responded to questions regarding instances where schools do not notify parents of an employee arrest so that they can investigate the matter, and the conflict between standardization of parental notification rules across school districts and local control.  Discussion ensued regarding the reputations of those employees who are charged with crimes, but are later found innocent.

Discussion ensued regarding the need to name the employee when notifying the parents of charges.  Ms. Goff responded to questions regarding the types of information that the Department of Education provides to schools that impact parental notification. Representative Lundeen provided input on this issue.

Discussion returned to the naming of the employee when notifying parents of criminal charges, and the means by which parental notifications are made under the bill.

Discussion ensued regarding the interplay between HB 18-1269 and the Claire Davis School Safety Act.  Ms. Brita Darling, Office of Legislative Legal Services, provided input on this issue.  Discussion followed regarding certain inconsistencies with the way the parental notification system operates under the bill.  Chairman Lee laid over HB 18-1269.

Representative Carver, prime sponsor, presented Senate Bill 18-169, concerning offenses against witnesses in noncriminal proceedings.  Representative Carver explained the effect of the bill and discussed its need.

Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, and Mr. Matthew James, representing the Second Judicial District, testified in support of the bill.  Mr. Hanuman discussed a court case that gave rise to the legislation, and explained what constitutes an "administrative proceeding" under the bill.  Mr. James discussed the previously referenced case.  Discussion returned to what constitutes an "administrative proceeding."

No amendments were offered to SB 18-169.  Representative Carver provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representatives Lee and Wist, prime sponsors, presented House Bill 18-1176, concerning continuation of the grant program in the Department of Corrections to provide funding to eligible community-based organizations that provide reentry services to offenders, and, in connection therewith, implementing the recommendations in the 2017 report of the Department of Regulatory Agencies.  Representatives Wist and Lee explained the effect of the bill and discussed its need. Committee members received amendments L.003 (Attachment B) and L.004 (Attachment C). Committee members also received a fact sheet supporting the bill (Attachment D).

No one testified regarding HB 18-1176. Representatives Lee and Wist explained the amendments.

Various committee members provided their positions on HB 18-1176.

Representatives Lee and Wist, prime sponsors, presented HB 18-1251, concerning measures to improve the efficiency of the community corrections transition placements.  The committee heard testimony on the bill at its March 22 meeting, and adopted amendment L.003.  Committee members received amendments L.005 (Attachment E) and L.007 (Attachment F).  Representative Weissman explained the effect of amendment L.005, and Representative Benavidez explained the effect of amendment L.007.

Ms. Christina Rosendahl, representing the Department of Corrections, provided input on amendment L.007.

Representatives Lee and Wist provided closing remarks in support of HB 18-1251.

Representatives Van Winkle and Hooton, prime sponsors, presented Senate Bill 18-055, concerning the Crimes Against Children Surchage in cases involving trafficking of children.  The committee heard testimony on the bill at its March 22 meeting. Representative Hooton explained why an amendment offered at the previous meeting would not fit under the title of the bill. Discussion ensued regarding the merits of the legislation.