Colorado HB 18-1065: DHS Department of Human Services Employee Discipline Harm To Vulnerable Persons

Bill Text

HOUSE BILL 18-1065
BY REPRESENTATIVE(S) Beckman and Buckner, Arndt, Bridges, Catlin,
Coleman, Covarrubias, Danielson, Esgar, Exum, Ginal, Gray, Hamner,
Herod, Hooton, Humphrey, Jackson, Kennedy, Lawrence, Lee, Lewis,
Liston, Lontine, McKean, McLachlan, Melton, Michaelson Jenet, Pettersen,
Reyher, Roberts, Rosenthal, Saine, Sias, Singer, Valdez, Van Winkle,
Weissman, Williams D., Wilson, Winter, Wist, Young, Duran;
also SENATOR(S) Lambert, Court, Fields, Gardner, Kefalas, Kerr,
Martinez Humenik, Merrifield, Moreno, Priola, Tate, Todd, Williams A.
CONCERNING DISCIPLINE OF A DEPARTMENT OF HUMAN SERVICES EMPLOYEE
WHEN THE EMPLOYEE IS FOUND TO HAVE MISTREATED A VULNERABLE
PERSON.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 27-90-111, add (15) as
follows:
27-90-111. Employment of personnel - screening of applicants
- disqualifications from employment. (15) (a) IN CONSIDERING ANY
DISCIPLINARY ACTION UNDER SECTION 24-50-125 (1) AGAINST AN EMPLOYEE
WHO IS CERTIFIED TO ANY CLASS OR POSITION IN THE STATE PERSONNEL
SYSTEM FOR ENGAGING IN MISTREATMENT, ABUSE, NEGLECT, OR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing statutes; dashes
through words indicate deletions from existing statutes and such material not part of act.

EXPLOITATION AGAINST A VULNERABLE PERSON, THE APPOINTING
AUTHORITY SHALL GIVE WEIGHT TO THE SAFETY OF VULNERABLE PERSONS
OVER THE INTERESTS OF ANY OTHER PERSON. FOR PURPOSES OF THIS
SUBSECTION (15), "MISTREATMENT", "ABUSE", "NEGLECT", OR
"EXPLOITATION" SHALL HAVE THE SAME DEFINITIONS AS CONTAINED IN
ARTICLE 22 OF TITLE 16, ARTICLES 3 AND 6.5 OF TITLE 18, ARTICLES 1 AND
3 OF TITLE 19, ARTICLE 3.1 OF TITLE 26, AND ARTICLE 90 OF TITLE 27, C.R.S.,
AND TITLES 38 AND 42 OF THE CODE OF FEDERAL REGULATIONS, AS
AMENDED.
(b) IF THE APPOINTING AUTHORITY FINDS THAT THE EMPLOYEE HAS
ENGAGED IN MISTREATMENT, ABUSE, NEGLECT, OR EXPLOITATION AGAINST
A VULNERABLE PERSON, THE APPOINTING AUTHORITY MAY TAKE SUCH
DISCIPLINARY ACTION AS THE APPOINTING AUTHORITY DEEMS APPROPRIATE,
UP TO AND INCLUDING TERMINATION, TAKING INTO CONSIDERATION THE
HARM OR RISK OF HARM TO VULNERABLE PERSONS CREATED BY THE
EMPLOYEE'S ACTIONS. NOTHING IN THIS SUBSECTION (15)(b) AFFECTS THE
CONSTITUTIONAL OR STATUTORY DUE PROCESS RIGHTS AFFORDED TO AN
EMPLOYEE WHO IS CERTIFIED TO ANY CLASS OR POSITION IN THE STATE
PERSONNEL SYSTEM.
(c) THIS SUBSECTION (15) APPLIES REGARDLESS OF WHETHER THE
EMPLOYEE HAS BEEN CHARGED WITH OR CONVICTED OF A DISQUALIFYING
OFFENSE UNDER SUBSECTION (9)(b) OR (9)(c) OF THIS SECTION.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
8, 2018, if adjournment sine die is on May 9, 2018); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 2-HOUSE BILL 18-1065

approved by the people at the general election to be held in November 2018
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
Crisanta Duran Kevin J. Grantham
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Effie Ameen
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
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