Date: 03/01/2010

Final
BILL SUMMARY for SB10-056

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved amendment L.007 (Attachment B). The motion
Moved to refer Senate Bill 10-056, as amended, to
Pass Without Objection
PASS



01:35 PM -- Senate Bill 10-056

Representative Riesberg, sponsor of Senate Bill 10-056, concerning developing standardized immunization information to provide to parents, presented the bill to the committee and discussed the amendments made to the bill in the Senate. Written witness testimony was also provided for the record (Attachment A).

10HseEd0301AttachA.pdf

01:41 PM

The following people testified on the bill:

01:43 PM --
Julie George, representing the Colorado Association of School Boards (CASB), testified against the bill because it presents an unfunded mandate for school districts. She explained that even with proposed amendment L.007 (Attachment B), CASB would not be able to be supportive of the bill. Ms. George further stated that she believes that the annual requirement of putting a form in parent's hands will not increase awareness on immunization.

10HseEd0301AttachB.pdf

01:46 PM

Representative Scanlan explained that she believed that the bill would benefit school districts and asked if the cost concern comes with the printing of the information for distribution. Ms. George responded that printing the materials is an unfunded mandate and that school districts already receive this information from county health departments. Representative Peniston also asked clarification on the reason CASB opposes the bill. Ms. George discussed the issue of liability for school districts for distributing recommended immunization lists and costs.


01:51 PM

Representative Middleton asked Representative Riesberg to explain why the information must be disseminated annually, noting that it is her understanding that vaccine information can change from year-to-year and that it would be beneficial to inform parents of this issue. Representative Riesberg responded that there are currently four recommended vaccinations by the federal Center for Disease Control (CDC) and that the form asks parents to speak with the child's physician about immunization schedules. Representative Schafer asked if the form could be stored electronically. Representative Riesberg explained that a copy of the completed form must be kept in the student's file.


01:55 PM

Representative Todd asked if the Colorado Department of Public Health and Environment (CDPHE) provided the documents, would CASB support the bill. Ms. George responded that if the copies were provided, that would eliminate the majority of the cost. She discussed the difference between directing parents to a form and ensuring that each parent receives a form.

01:57 PM --
Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified against the bill. Mr. Caughey stated that immunization information is important to have, but raised concerns with having school districts distribute immunization information from the CDPHE. He discussed the cumulative effect of legislation that places requirements on school districts.


02:00 PM

Representative Massey asked if CDPHE provided copies of the forms and if the form contained a disclaimer on where to direct questions would CASE support the bill. Mr. Caughey responded that it removes the cost, but the concern remains about school districts being in the situation of giving medical advice. Representative Middleton sought clarification on his position, specifically that CASE opposes the bill regardless if amendment L.007 is passed. Mr. Caughey responded that CASE will oppose the bill regardless. Representative Scanlan reiterated her previous remarks that school districts already print information on immunization and schools are merely a conduit for this information and remarked that would it not be better to provide information and direct parents to discuss with physician and take the school district out of the loop on this issue. She further asked why this bill presents a greater burden than what school districts do now. Mr. Caughey stated that he believes the CDPHE should be responsible for managing a public service campaign on immunizations.


02:06 PM

Representative Summers asked how many school districts offer immunization clinics and if this bill factors into that practice. Mr. Caughey responded that he does not know the number of school health clinics but that the bill would not impact those services offered.

02:07 PM --
Donna Sentel, representing herself, testified in support of the bill and shared her experience as a mother whose daughter died from meningococcal disease. She also provided a handout to the committee (Attachment C). She discussed the importance of distributing this information to parents so that parents can be empowered to make the best choices for their children.

10HseEd0301AttachC.pdf

02:13 PM --
Cindy Loveland, representing the National Vaccine Information Center (NVIC), testified on the bill. She explained that NVIC is a national nonprofit established by parents who have children that experienced negative impacts from vaccines. She stated that she supports that the bill standardizes the immunization information available, but presented concerns with the requirement of the bill to inform parents of recommended vaccines, in addition to those that are required, which can be controversial.
BILL:SB10-056
TIME: 02:19:17 PM
MOVED:Merrifield
MOTION:Moved amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:Benefield
VOTE
Benefield
Massey
McNulty
Middleton
Murray
Peniston
Scanlan
Schafer S.
Summers
Tipton
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:21 PM

Representative Massey asked Representative Riesberg about amending the bill to require CDPHE to provide the document to school districts with a disclaimer on the form to contact the department. Representative Riesberg responded that under state law the department is required to provide official certificates of immunization to schools and that the bill allows the school district to distribute it through their regular methods, whether that be electronically or as a paper-copy. He further commented that the requirement he is proposing would create a fiscal note for the bill. Representative Massey stated his support of the concept of the bill and that he is not trying to drive a fiscal note, but he expressed concern about the unfunded mandate the bill presents to school districts. Representative Riesberg responded that he feels that the bill is permissive enough that it takes away the cost for the school district. Representative Middleton also weighed in, stating that it would cost the state more if it were required to print all the copies than allowing districts to disseminate the information through their regular means of communications to parents.


02:26 PM

Representative Riesberg concluded his remarks on the bill. Representative Todd stated that she believe the state has a responsibility to provide parents with immunization information. Representative Murray stated that she would be voting against the bill as it is an unfunded mandate and any additional administrative requirement results in a new cost to school districts. She also presented concerns about distributing a list of recommended vaccines through schools.
BILL:SB10-056
TIME: 02:31:57 PM
MOVED:Benefield
MOTION:Moved to refer Senate Bill 10-056, as amended, to the Committee of the Whole. The motion passed on a 8-5-0 vote.
SECONDED:Todd
VOTE
Benefield
Yes
Massey
No
McNulty
No
Middleton
Yes
Murray
No
Peniston
Yes
Scanlan
Yes
Schafer S.
Yes
Summers
No
Tipton
No
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS