Bill would broaden sex-abuse lawsuits

Associated Press

Published March 27, 2006 at midnight

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In trying to allow childhood victims of sex abuse to sue the Roman Catholic Church, state lawmakers are now faced with whether to also open up public schools - and taxpayers - to lawsuits of their own.

Senate Bill 143 would open up a two-year window for adults to file lawsuits against private institutions like the church. A vote on that is being delayed until lawmakers review House Bill 1090, which would get rid of the time limits for filing lawsuits because of sexual abuse against children from now on.

That measure, scheduled for a hearing today in the Senate, also would waive the government's immunity from such lawsuits and allow victims to collect up to $732,000 in damages. That's higher than the $300,000 cap that's in place for the handful of other areas where people can sue state government.

However, institutions, like schools, would only be liable if they knew an employee had a history of abusing children but didn't step in and remove him from working with children.

Co-sponsor Sen. Ron Tupa, D-Boulder, said he thinks public schools have a good system in place to take action quickly against such teachers. But if any school doesn't do that, he said they should have to take responsibility.

"The only entities that should be fearful of this legislation are the ones who knew there was a problem and did nothing. If this bill holds them accountable then it's a good thing," said Tupa, a social studies teacher.

House Bill 1090 was changed in the House to include public institutions after the church said it was being unfairly targeted in Senate Bill 143, sponsored by Senate President Joan Fitz-Gerald.

Fitz-Gerald has said that if House Bill 1090 passes first, then her proposal would also apply equally to public and private institutions.

The church, meanwhile, opposes House Bill 1090, in part, because of a section that gives people a chance to sue over sexual abuse after a "special relationship" - including that between a minister and parishioner - ends. Under the current language, they believe a plaintiff could delay a lawsuit claiming they were psychologically or emotionally unable to acknowledge the assault at first. They worry that by that time the perpetrator could be dead and it would be difficult to defend themselves against the suit.

In other action this week:

• The proposed budget for the fiscal year starting July 1 is expected to be introduced in the House today. Lawmakers have to decide the best way to spend the extra money voters approved in Referendum C.

• The Senate Health and Human Services Committee will hold a hearing Wednesday on Senate Bill 1, which is aimed at providing cheaper drugs to working-class Coloradans. The Colorado Cares Rx program would enable the uninsured who meet income restrictions to buy drugs at a state-negotiated rate. A family of four earning $50,000 or less would qualify.

• Half of the money the state takes in from gambling would be spent to promote tourism under House Bill 1201 set to be reviewed by the Senate State, Veterans & Military Affairs Committee on Wednesday.

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