Senator Fitz-Gerald States Intention to Kill SB 143 And Looks Towards Amending HB 1090
SB 143 - which would have allowed victims of childhood sex abuse to sue private institutions on vicarious liability claims - has generated much controversy as reported in this Denver Post article. (SB 143 is discussed in this post.) In response, Senator Fitz-Gerald has decided to add the key provisions contained in SB 143 into HB 1090, which also addresses sex offenses, including those committed against children. (HB 1090 has not escaped controversy either as related in this Denver Post article.) The unofficial preamended version of HB 1090 is available here. (This version includes the Senate committee amendments that have not yet been adopted by the entire Senate on Second Reading.)
Senator Fitz-Gerald's amendments to HB 1090 changes the vicarious liability provision as applied to private entities - instead of stating that vicarious liability claims can be brought against "a person or entity" when certain conditions are met, the proposed amendments to HB 1090 allows vicarious liability claims for "actions alleging negligent supervision by private employer or supervising employees" when certain conditions are met. We will provide our analysis on what this may mean to associations if this bill passes.
The Senate second reading for HB 1090 has been laid over until April 25th. We'll let you know what happens with these controversial bills.