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3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
Twenty-ninth Legislative Day Wednesday, February 2, 2000
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, Denver.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--64.
Excused--Representatives Chavez--1.
The Speaker declared a quorum present._______________
On motion of Representative Windels, the reading of the journal of February 1, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
REPORTS OF COMMITTEE OF REFERENCE
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
HB00-1072 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. Part 2 of article 11 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
26-11-205.5. Older Coloradans program - distribution formula. (1) There is hereby created in the state department the older Coloradans program, referred to in this section as the "program". The program shall provide moneys to area agencies on aging to provide grants to provide community-based services to persons sixty years of age or older to assist such persons to live in their own homes and communities for as long as possible. Such services shall include but are not limited to congregate nutrition, home-delivered meals, transportation services, in-home services, ombudsman services, legal services, elder abuse prevention, outreach, and information and referral services.
(2) Moneys appropriated for the program shall be distributed to area agencies on aging using the same formula that the state office uses to distribute moneys available under Title III, parts (B), (C), (D), and (F) of the federal "Older Americans Act of 1965", as amended, but such moneys shall be allocated as a whole and not allocated to individual parts of Title III.
(3) The proposed uses of moneys from the program shall be included in each area agency on aging's area plan developed pursuant to section 26-11-204 (1) (a).
(4) (a) Each area agency on aging shall annually submit a report to the state office detailing the use of moneys from the program, including an itemization of how many more persons received each service because of such moneys.
(b) Annually, the state office shall compile the reports from the area agencies on aging and submit a report to the joint budget committee of the general assembly and the health, environment, welfare, and institutions committees of the senate and the house of representatives detailing the use of moneys from the program.
(5) There is hereby created the older Coloradans cash fund, referred to in this subsection (5) as the "fund". The fund shall consist of moneys appropriated thereto by the general assembly from sales and use taxes pursuant to the provisions of section 39-26-123 (2) (a) (I) (A.5), C.R.S. In addition, the state treasurer may credit to the fund any public or private gifts, grants, or donations received by the state department for implementation of the program. The fund shall be subject to annual appropriation by the general assembly to the state department. Notwithstanding the provisions of section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and not be transferred or credited to the general fund or any other fund.
SECTION 2. 39-26-123 (2) (a) (I) (A), Colorado Revised Statutes, is amended, and the said 39-26-123 (2) (a) (I) is further amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH, to read:
39-26-123. Receipts - disposition. (2) (a) (I) (A) Eighty-five percent of all receipts collected under the provisions of this article shall be credited to the old age pension fund. For the fiscal year commencing July 1, 1997, and for each fiscal year thereafter, through the fiscal year commencing July 1, 1999, the remaining fifteen percent shall be allocated between and credited to the general fund and the highway users tax fund, as a portion of the sales and use taxes attributable to sales or use of vehicles and related items, as follows: Ten percent of net revenue from sales and use tax to the highway users tax fund and five percent thereof to the general fund.
(A.5) For the fiscal year commencing July 1, 2000, and for each fiscal year thereafter, eighty-five percent of all receipts collected under the provisions of this article shall be credited to the old age pension fund and an additional ten million dollars shall be credited to the older Coloradans fund established in section 26-11-205.5, C.R.S. The remaining fifteen percent, less ten million dollars, shall be allocated between and credited to the general fund and the highway users tax fund, as a portion of the sales and use taxes attributable to sales or use of vehicles and related items, as follows: Ten percent of net revenue from sales and use tax to the highway users tax fund and five percent thereof to the general fund.
SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the older Coloradans cash fund created in section 26-11-205.5, Colorado Revised Statutes, not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 2000, the sum of ten million dollars ($10,000,000), or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
HB00-1221 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. 26-2-119.5, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
26-2-119.5. Health and medical care program - aid to the needy disabled - rules. (1) For purposes of this section, unless the context otherwise requires:
(a) "Eligible person" means a person who has qualified for aid to the needy disabled and who has applied for supplemental security income but the final determination on the person's application for supplemental security income has not been made.
(b) "Essential community providers" shall have the same meaning as set forth in section 26-4-114 (3).
(c) "Managed care organization" shall have the same meaning as set forth in section 26-4-114 (2).
(2) Subject to available appropriations, the department of health care policy and financing shall establish and administer a program, referred to in this section as "the health and medical care program", to eligible persons who are not receiving medical assistance. The health and medical care program shall be provided to eligible persons whose application for aid to the needy disabled is filed on or after January 1, 2001. Based upon the cost of providing services and available appropriations, the executive director may limit the number of eligible persons participating in the health and medical care program and may establish a waiting list of eligible persons.
(3) The health and medical care program shall include a basic, predefined set of services to be delivered to such aid to needy disabled recipients by essential community providers or through a managed care organization pursuant to a contract with the department of health care policy and financing. The department of health care policy and financing is authorized to contract with managed care organizations to provide services under the health and medical care program. The costs of the health and medical care program shall be funded annually from appropriations made by the general assembly. The health and medical care program shall commence January 1, 2001.
(4) The state board of medical services shall adopt rules to implement the health and medical care program, to establish the basic predefined services available under the health and medical care program, and to set the rates of reimbursement for managed care organizations or essential community providers.
SECTION 2. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 2000, the sum of seven hundred fifty thousand dollars ($750,000), or so much thereof as may be necessary, for the implementation of this act.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by seven hundred fifty thousand dollars ($750,000).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by seven hundred fifty thousand dollars ($750,000).
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".
Page 1, strike line 103, and substitute the following:
"medicaid, and, making an appropriation in connection therewith."._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns herewith HB00-1031 and 1045.
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB00-058;
SB00-043, amended as printed in Senate Journal, January 31, page 186;
SB00-098, amended as printed in Senate Journal, January 31, page 186;
HB00-1141, amended as printed in Senate Journal, January 31, page 186._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB00-058; and without comment, as amended, SB00-043, 098 and HB00-1141._______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items on the Calendar were laid over until February 3, retaining place on Calendar:
Consideration of Special Orders--HB00-1145, 1148, 1161, 1154, 1037, 1137, 1190.
Consideration of Third Reading--HB00-1172.
Consideration of General Orders--HB00-1138, 1089, 1040, 1108, 1216, 1105, 1011, 1084, 1276, 1001, 1218, 1009, 1029, 1165, 1229, 1208, 1149, 1124, 1222, 1099, 1080, 1008, 1047, 1012, 1164, 1194, 1185, 1114, 1240, 1225, 1007, 1186.
Consideration of Memorial--SJM00-001._______________
On motion of Representative Dean, the House adjourned until 9:00 a.m., February 3, 2000.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk