Date: 10/10/2007
Final
Bill 1
LONG-TERM CARE HEALTH CARE SERVICES AND SUPPORT TO PERSONS WITH DEVELOPMENT DISABILITIES COMMITTEE
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09:20 AM -- BILL 1
Nicole Myers, OLLS, came to the table to explain Bill 1 (Attachment A). She explained that the bill creates the disability set aside contracts commission to assist nonprofit agencies that employ persons with developmental disabilities to attain preferences in specific state agency service contract awards. She described the membership of the commission, and discussed the activities of the commission which include developing a list of invitations for bids issued by state agencies for service contracts that nonprofit agencies could reasonably perform. If a nonprofit agency identifies a service contract for which it would like to bid and be given a preference over other bidders, the nonprofit agency must submit the bid to the commission for approval. The state agency and the nonprofit must then meet and negotiate a contract at a fair and reasonable price, but if they are unable to agree on a price, then the commission must review the contract and determine the price. Representative B. Gardner, initiator of the bill, discussed the bill and responded to questions from Senator Williams regarding the commission established by the bill. Representative B. Gardner stated that the function of the commission is to review state contract requirements and to give the nonprofit agencies a point of contact with regard to government contracts. He noted that the commission will be ongoing and will be comprised of people who have a vested interested in the developmental disabilities community, as well as governmental representatives. Representative B. Gardner responded to additional questions from Senator Williams regarding the Department of Human Services' involvement in the commission. Representative B. Gardner responded to questions from Senator Spence regarding how a state agency might employ persons with developmental disabilities, responding that employment opportunities exist across all state agencies, but that the commission would likely focus on specific types of service contracts. Representative Garcia asked for clarification as to how the preference would be implemented, and Representative B. Gardner responded that essentially, the commission would identify specific contracts, and the contracts would be set aside solely for nonprofit agencies who employ persons with developmental disabilities, as long as a fair and reasonable price can be agreed upon. Representative Garcia asked what government employment contracts are currently set aside for persons with developmental disabilities, and Representative B. Gardner responded that the program created by the bill would be the first true set-aside program in Colorado. Senator Keller clarified that veterans are given a preference for some government contracts. Representative B. Gardner responded to questions from Senator Renfroe regarding why the program was limited to nonprofit agencies and noted that legislation creating incentives for private sector employees to employee persons with developmental disabilities would be introduced in the legislative session. Representative B. Gardner stated that all contracts that are awarded through the program would be held to the same standards as other government contracts.
09:40 AM -- Judy Valentine, Goodwills of Colorado, testified in support of the bill, and stating that the bill gives good employment opportunities to persons with developmental disabilities. She described the types of contract services that could be provided by persons with developmental disabilities. She stated that the benefits of a set-aside program include providing valuable employment opportunities to persons with developmental disabilities in a protected environment and allowing such persons to develop skills. She responded to questions from Representative Soper.
09:43 AM -- Beverly Hirsekorn, Colorado Developmental Disabilities Council, testified regarding her concerns with the bill, stating that bill does not address protections for persons with developmental disabilities and that the bill does not include provisions regarding wages, benefits, and the proportion of persons with developmental disabilities in the workplace. She stated that the bill does not currently address best practice standards for the employment of persons with developmental disabilities. She responded to questions from Representative Pommer regarding the number of persons with disabilities in the workplace, stating that some models of employment for persons with developmental disabilities in which such persons work in segregated settings can be stigmatizing to such persons. She stated that the bill could be improved by including language that would assist persons with developmental disabilities to move into more competitive models of employment, and that the bill, as written, supports an outdated model of employment. Representative B. Gardner responded to comments from the witness, stating that her comments reflect a division within the community regarding the best models of employment for persons with developmental disabilities and that it is his belief is that it is most important to provided employment opportunities for persons with developmental disabilities.
09:55 AM -- Irene Lucas, representing herself and her son, described the employment opportunities for her son on the west coast, and thanked Representative B. Gardner for bringing the bill forward, stating there is a critical need for employment opportunities for persons with developmental disabilities in Colorado. She stated that Representative B. Gardner's bill will serve a certain percentage of the need for employment for persons with developmental disabilities, and that additional approaches to increase employment opportunities are also necessary.
09:58 AM -- Thea Platt, The Arc of the Pike's Peak Region, testified that she would like the bill to include for-profit entities as well as nonprofit entities. She stated that fully integrated workplaces should be supported. She discussed supported employment for persons with developmental disabilities and stated that the bill should be changed to include agencies that support persons in employment.
10:01 AM -- Bob Lawhead, Colorado Association for Persons in Supported Employment, testified regarding his concerns with the bill, noting that issues have been raised with regard to federal set aside programs for individuals with disabilities. Some of the discussion of the federal set aside programs was that, under such programs, persons with developmental disabilities were consistently working in segregated settings. He stated that one of his concerns is how to move persons from segregated employment to more integrated employment options. Mr. Lawhead responded to comments from Representative Pommer regarding whether segregated employment would still be an improvement over the current system of employment for persons with developmental disabilities.
10:06 AM
Representative B. Gardner gave concluding remarks, noting the concerns of the community with regard to segregated employment settings. He stated that employment opportunities for persons with developmental disabilities must be created and noted that approaches to increase employment other than a set aside program could be successful as well.