Vocational Rehabilitation Services for the Blind (10/28/2015)

Final
STAFF SUMMARY OF MEETING

VOCATIONAL REHABILITATION SERVICES FOR THE BLIND

Date:	10/28/2015	ATTENDANCE

Time:	01:05 PM to 02:55 PM	Aguilar	X
		Lundberg	*
Place:	HCR 0112	Primavera	X
		Windholz	X
This Meeting was called to order by		Balmer	E
	Representative Danielson	Danielson	X

This Report was prepared by
	Katie Ruedebusch
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Introductory Remarks Presentation by CDLE Committee Disscussion and Approval of Bill Requests		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved

01:05 PM -- Introductory Remarks

Representative Danielson, chair, called the meeting to order. A quorum was present. Representative Danielson introduced the agenda and discussed the bill approval process.

01:07 PM -- Presentation by CDLE

Ms. Ellen Golombek, Executive Director of the Colorado Department of Labor and Employment (CDLE), came to the table to discuss the transition of vocational rehabilitation services from the Colorado Department of Human Services (DHS) to CDLE. She described the stakeholder outreach conducted by DHS and CDLE. She noted that the two things CDLE heard throughout the stakeholder process were issues related to services offered for persons who are blind/visually impaired and youth transition services. She provided the committee with the a stakeholder process report prepared by CDLE (Attachment A). She stated that the new director of the Division of Vocational Rehabilitation (DVR) within CDLE will report directly to CDLE's executive director starting July 1, 2016. She discussed the how the services for persons who are blind and visually impaired will be delivered under CDLE. She answered a committee question regarding mental health community representation at stakeholder outreach meetings. She thanked the committee and the stakeholders for their participation.

15Voc1028AttachA.pdf

Ms. Golombek continued by discussing the draft bills in front of the committee for approval. She noted that CDLE has no concerns or positions on Bill 2 and 3. Regarding Bill 1, she stated that CDLE would prefer to go through the transition process completely before statutory requirements are changed. She noted that CDLE believes that Bill 1 is not necessary and it sets a precedent for populations to request separate services. She responded to committee questions regarding the proposed technical resource center in Bill 1 and stated that CDLE will make every attempt to create a technical resource center for the blind within DVR. She noted that the stakeholders representing persons who are blind and visually impaired will keep CDLE accountable and that CDLE is required to report the Joint Budget Committee quarterly on the transition.

01:30 PM -- Committee Discussion and Approval of Bill Requests

Mr. Bill Zepernick, Legislative Council Staff, came to the table to discuss the interim committee fiscal note process.

Ms. Jane Ritter, Office of Legislative Legal Services, came to the table to summarize Bill 1 (Attachment B). The committee also received a fiscal note (Attachment C). Bill 1 creates a new separate division within the CDLE to provide specialized vocational rehabilitative services to blind or visually impaired persons whom meet the criteria. It also creates a new technical resource center for providing information, training, and access to the most current technology and mobility options for persons who are blind or visually impaired. She stated that Bill 1 does not bring the Business Enterprise Program (BEP) into the separate unit proposed under the bill.

15Voc1028AttachB.pdf

15Voc1028AttachC.pdf

Mr. Scott LaBarre, representing National Federation of the Blind (NFB) of Colorado, came to the table to testify regarding Bill 1. He thanked the committee for their work and the CDLE team for their work during the transition. He noted that he agrees with Director Golombek that the CDLE process is moving more quickly than the proposal in Bill 1. He stated that statutory changes create permanency and that his organization is willing to work with CDLE before requiring statutory changes. He noted his concerns with the Older Individuals Who Are Blind Program staying within DHS. He answered questions regarding the technical resource center proposed in Bill 1 and stated there should be a priority placed on accessible technology.

The committee withdrew Bill 1 from consideration.

01:55 PM

Ms. Christy Chase, Office of Legislative Legal Services, came to the table to discuss Bill 2 (Attachment D). Bill 2 removes the exemption for property owned, leased or occupied by higher education institutions or the state fair authority for priority to persons who are blind and licensed vendors to operate vending facilities. The bill also expands the scope of the program so that persons who are blind may also operate businesses other than vending facilities on state property. The bill also makes conforming amendments to comply with federal law. In response to committee questions, she noted that the bill cannot affect current contracts.

15Voc1028AttachD.pdf

Mr. Bill Zepernick, Legislative Council Staff, came to the table to answer questions regarding the fiscal note (Attachment E) for Bill 2. He noted that the costs in the fiscal note result from additional demand for BEP program services.

15Voc1028AttachE.pdf

Ms. Lauren Schreier, Legislative Council Staff, came to the table to answer questions regarding the fiscal note for Bill 2. She noted that the fiscal note reflects the addition of 10 potential applicants to the BEP program. She stated that originally CDLE requested 5 FTE and through the process reduced the number of FTE required. In response to committee questions, she stated that staffing can also be addressed through the budgetary process.

Mr. Kevan Worley, representing the Licensed Blind Entrepreneurs of Colorado and Worley Enterprises, came to the table to testify regarding Bill 2. He discussed his personal experience with the BEP. He believes the bill takes a gradual approach to expanding the BEP in Colorado. He noted there are 18 blind vendors in Colorado and 5 vendors currently in training.


BILL:	Committee Disscussion and Approval of Bill Requests
TIME:	02:18:58 PM
MOVED:	Primavera
MOTION:	Adopt "no appropriation clause" amendment (Attachment F). The motion passed without objection. 15Voc1028AttachF.pdf
SECONDED:	Windholz
		VOTE
	Aguilar
	Lundberg
	Primavera
	Windholz
	Balmer	Excused
	Danielson

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Committee Disscussion and Approval of Bill Requests
TIME:	02:20:31 PM
MOVED:	Primavera
MOTION:	Refer Bill 2, as amended, to the Committee on Legislative Council. The motion passed on a vote of 5-0.
SECONDED:	Aguilar
		VOTE
	Aguilar	Yes
	Lundberg	Yes
	Primavera	Yes
	Windholz	Yes
	Balmer	Excused
	Danielson	Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

The committee assigned sponsors and gave the bill drafters permission to make technical changes to the bill before it is presented to the Legislative Council. The bill will start in the House of Representatives (House), with Representatives Primavera sponsoring Bill 2 in the House and Senator Lundberg sponsoring Bill 2 in the Senate. Representative Windholz and Senator Aguilar requested to be co-sponsors.

02:23 PM

Ms. Chase, Office of Legislative Legal Services, returned to the table to discuss Bill 3 (Attachment G). Bill 3 creates two income tax credits for taxpayers who hire person with developmental disabilities and persons who are blind or visually impaired. The first tax credit is a tax credit for employee wages equal to 50 percent of the gross wages of a qualifying employee in the first three months of continuous employment, and 30 percent of the gross wages of a qualifying employee in the next nine months of continuous employment. The second tax credit is a tax credit for software and hardware costs equal to the share of the cost of the maintenance, repair, or upgrade of software or hardware that assists a qualifying employee in performing his or her job. The software and hardware tax credit employs sliding scale for each year of employment. Both credits are non-refundable and are available for three years, beginning in tax year 2016. The credits are limited to a taxpayer’s income taxability and the amount of a credit in excess of liability may be carried forward for up to five years.

15Voc1028AttachG.pdf

Mr. Bill Zepernick , Legislative Council Staff, came to the table to discuss the fiscal note for Bill 3 (Attachment H). The committee discussed a similar tax credit that existed earlier in statute. Mr. Zepernick noted that the previous tax credit had a trigger and never took effect. He stated that the credit in Bill 3 has no trigger and would take effect immediately.

15Voc1028AttachH.pdf

Ms. Kate Watkins, Legislative Council Staff, came to the table to answer additional committee questions regarding the fiscal note. She noted that the figures for the number of persons who are blind and developmentally disabled were based on data from the United States Census Bureau. She stated that if the bill was amended to limit the tax credit to employers who employ DVR clients, the fiscal impact would be reduced. Committee discussion ensued.

Ms. Chase, Office of Legislative Legal Services, returned to the table to answer questions regarding the amendment process.

Mr. LaBarre, representing the NFB of Colorado, returned to the table to support the bill. He noted that he disagrees with the fiscal analysis of the bill, but that he agrees with tying the tax credit to referred DVR clients. He also stated that he believes the technology accommodation tax credit in the bill is innovative and critical.

Mr. Worley, representing the Licensed Blind Entrepreneurs of Colorado and Worley Enterprises, returned to the table to support the bill. He fully supports the technology accommodation tax credit in Bill 3.


BILL:	Committee Disscussion and Approval of Bill Requests
TIME:	02:48:28 PM
MOVED:	Primavera
MOTION:	Adopt conceptual amendment to add the language "eligible client of DVR and referred for employment" to page 4, line 19. The motion passed without objection.
SECONDED:	Windholz
		VOTE
	Aguilar
	Lundberg
	Primavera
	Windholz
	Balmer	Excused
	Danielson

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Committee Disscussion and Approval of Bill Requests
TIME:	02:49:23 PM
MOVED:	Primavera
MOTION:	Refer Bill 3, as amended, to the Committee on Legislative Council. The motion passed on a vote of 4-1.
SECONDED:	Danielson
		VOTE
	Aguilar	Yes
	Lundberg	No
	Primavera	Yes
	Windholz	Yes
	Balmer	Excused
	Danielson	Yes

Final YES: 4 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

15Voc1028AttachI.pdf

Representative Danielson thanked the committee and stakeholders.

02:55 PM

The committee adjourned.