Colorado 2023 Regular Session Status: Enacted

SB 23-040 — Staffing Agency CAPS Checks

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2023. Enacted.

Signed by Governor Jared Polis (Democratic) on March 10, 2023.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under current law, when an employer is going to hire a person to work in a position in which the person has contact with at-risk adults, the employer must perform a check of the system that contains substantiated claims of mistreatment against an at-risk adult (CAPS check). The bill requires a staffing agency that provides employees who will have contact with at-risk adults to perform a CAPS check and to provide the results to the employer. Under current law, disclosure of a report of mistreatment or neglect is generally only allowed with a court order. The bill clarifies a court order is not required when the report is disclosed for purposes of a guardian's appeal of a substantiated case of at-risk adult mistreatment. APPROVED by Governor March 10, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

23 added · 16 removed

Plain-language change summary

The bill has been updated to specify that it includes all amendments adopted in the House of Introduction, rather than just those adopted on second reading. Additionally, the language about claims of mistreatment against an at-risk adult remains unchanged, but overall, the text clarifies the stage of the bill's progression. This may provide clearer insight into the current state of the bill for stakeholders and the public.

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Previous
Latest
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
23-0268.01 Michael Dohr x4347 SENATE BILL 23-040 SENATE SPONSORSHIP Fields, HOUSE SPONSORSHIP Young, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING A REQUIREMENT THAT STAFFING AGENCIES PERFORM A CAPS CHECK WHEN PROVIDING EMPLOYEES WHO WILL WORK WITH AT -RISK ADULTS .
23-0268.01 Michael Dohr x4347 SENATE BILL 23-040 SENATE SPONSORSHIP Fields, Bridges, Buckner, Cutter, Exum, Ginal, Gonzales, Kolker, Moreno, Priola, Rodriguez, Winter F., Zenzinger HOUSE SPONSORSHIP Young, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING A REQUIREMENT THAT STAFFING AGENCIES PERFORM A CAPS CHECK WHEN PROVIDING EMPLOYEES WHO WILL WORK WITH AT RISK ADULTS .
Bill Summary (Note:
Bill Summary e (Note:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Under current law, when an employer is going to hire a person to workinapositioninwhichthe person has contact with at-risk adults,the employer must perform a check of the systemthat contains substantiated g d 3 claims of mistreatment against an at-risk adult (CAPS check).
This summary applies to this bill as introduced and does n 3 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 0 T n , passes third reading in the house of introduction, a bill summary that A U y applies to the reengrossed version of this bill will be available at E i a S a b http://leg.colorado.gov.) R e r F Under current law, when an employer is going to hire a person to workinapositioninwhichthe person has contact with at-risk adults,the employer must perform a check of the systemthat contains substantiated g i claims of mistreatment against an at-risk adult (CAPS check).
The bill e 0 requiresastaffingagencythatprovidesemployeeswhowillhavecontact T R , A 2 y Shading denotes HOUSE amendment.
The bill a 2 requiresastaffingagencythatprovidesemployeeswhowillhavecontact E R 2 A n 7 N 2 r Shading denotes HOUSE amendment.
E d u Capital letters or bold & italic numbers indicate new material to be added to existing law.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n e Dashes through the words or numbers indicate deletions from existing law.
Dashes through the words or numbers indicate deletions from existing law.
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Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. House Third Reading Passed - No Amendments

  6. House Second Reading Special Order - Passed - No Amendments

  7. House Committee on Public & Behavioral Health & Human Services Refer Unamended to House Committee of the Whole

  8. Senate Third Reading Passed - No Amendments

  9. Introduced In House - Assigned to Public & Behavioral Health & Human Services

  10. Senate Second Reading Passed with Amendments - Committee

  11. Senate Committee on Health & Human Services Refer Amended - Consent Calendar to Senate Committee of the Whole

  12. Introduced In Senate - Assigned to Health & Human Services

Sponsors

  • Mary Young · Primary
  • Rhonda Fields · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 100 not signed on

Sponsors (2)

  • Mary Young
  • Rhonda Fields

Co-sponsors (0)

None.

Not signed on (100)

100 members have not signed on to this bill.

Show all 100 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 64 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 33000
Unaffiliated 20000
Republican 11001
Total 64001
% of votes cast 98%0%0%2%
How each member voted (65)
Member Party Vote
Armagost — Yea
Bird — Yea
Bockenfeld — Yea
Dickson — Yea
Epps — Yea
Evans — Yea
Gonzales-Gutierrez — Yea
Herod — Yea
Holtorf — Yea
Lynch — Yea
McLachlan — Yea
Ortiz — Yea
Parenti — Yea
Pugliese — Yea
Sharbini — Yea
Vigil — Yea
Winter T. — Yea
Young — Yea
Michaelson Jenet — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Lindsey Daugherty Democrat Yea
Lorena Garcia Democrat Yea
Mandy Lindsay Democrat Yea
Marc Snyder Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Regina English Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
William Lindstedt Democrat Yea
Anthony Hartsook Republican Yea
Brandi Bradley Republican Yea
Ken DeGraaf Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Not Voting
Rick Taggart Republican Yea
Ron Weinberg Republican Yea
Scott Bottoms Republican Yea
Stephanie Luck Republican Yea

Official roll call →

BILL

Passed 33 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 5000
Democrat 11002
Unaffiliated 17000
Total 33002
% of votes cast 94%0%0%6%
How each member voted (35)
Member Party Vote
Buckner — Yea
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Lundeen — Yea
Moreno — Yea
Pelton B. — Yea
Pelton R. — Yea
Priola — Yea
Smallwood — Yea
Will — Yea
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Van Winkle — Yea
Winter F. — Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Not Voting
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Not Voting
Julie Gonzales Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
Larry Liston Republican Yea
Mark Baisley Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 23-040 do?
Under current law, when an employer is going to hire a person to work in a position in which the person has contact with at-risk adults, the employer must perform a check of the system that contains substantiated claims of mistreatment against an at-risk adult (CAPS check). The bill requires a staffing agency that provides employees who will have contact with at-risk adults to perform a CAPS check and to provide the results to the employer. Under current law, disclosure of a report of mistreatment or neglect is generally only allowed with a court order. The bill clarifies a court order is not required when the report is disclosed for purposes of a guardian's appeal of a substantiated case of at-risk adult mistreatment. APPROVED by Governor March 10, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Who sponsors SB 23-040?
SB 23-040 is sponsored by Mary Young and Rhonda Fields.
What is the current status of SB 23-040?
This bill has been enacted into law. Introduced January 12, 2023. Enacted.
Where can I track SB 23-040?
Track SB 23-040 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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