Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Date:03/19/2015
ATTENDANCE
Time:01:34 PM to 03:33 PM
Aguilar
X
Martinez Humenik
*
Place:SCR 352
Newell
X
Crowder
X
This Meeting was called to order by
Lundberg
X
Senator Lundberg
This Report was prepared by
Elizabeth Haskell
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 15-Children's Trust Fund Board - Colorado
HB15-1111
HB15-1145
HB15-1111
SB15-204		Witness Testimony and/or Committee Discussion Only
Reconsider, Refer to Committee on Finance
Referred to the Committee of the Whole - Consent Calendar
Reconsider, Refer to Committee on Finance
Referred to Appropriations


01:33 PM -- Confirmation of Children's Trust Fund - Colorado


Gregory Tung and LaShay Canady, appointees to the Colorado Children's Trust Fund Board, came to the table. The appointment letters may be found in Attachment A. Mr. Tung's and Ms. Canady's applications and resumes are available at the State Archives.

150319 AttachA.pdf150319 AttachA.pdf

Mr. Tung told the committee about why he would like to be a member of the board. Ms. LaShay told the committee why she would like to continue as a board member. Mr. Tung responded to committee questions about his experience working for a nonprofit organization in Vietnam.

Due to a calendaring error, the vote for confirmation was laid over until the next committee meeting. Senator Lundberg expressed the committee's support for the favorable recommendation to the Senate for the confirmation of Mr. Tung and Ms. Canady to the Children's Trust Fund Board.


01:41 PM -- HB 15-1111

House Bill 15-1111 was heard in the Senate Health and Human Services Committee on March 18, 2015. The committee referred House Bill 15-1111 to the Committee on Appropriations at that meeting. After the meeting, it came to the attention of the committee members that the President of the Senate had assigned the bill to the Committee on Health and Human Services, the Committee on Finance, and the Committee on Appropriations, and should have been referred to the Committee on Finance. The committee reconsidered the vote to refer HB 15-1111 to the Committee on Appropriations.
BILL:HB15-1111
TIME: 01:41:56 AM
MOVED:Aguilar
MOTION:Moved to reconsider HB15-1111. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
No
Lundberg
Yes
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB15-1111
TIME: 01:42:10 AM
MOVED:Crowder
MOTION:Refer HB15-1111 to the Committee on Finance. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
No
Crowder
Yes
Lundberg
No
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:44 PM -- HB 15-1145

Senator Hodge presented House Bill 15-1145, concerning the regulation of radioactive materials. House Bill 15-1145 outlines numerous updates to Colorado's radiation control statute as required by the federal Nuclear Regulatory Commission (NRC) to maintain Colorado's delegated authority through the State Radiation Control Act. The bill implements several recommendations from the 2014 NRC audit report, including, but not limited to:

• modifying, adding, and repealing certain definitions;
• requiring the NRC to approve any state groundwater remediation standards differing from federal standards;
• increasing financial warranty requirements;
• repealing the State Board of Health's ability to issue provisional licenses;
• clarifying that an administrative law judge in the Department of Personnel and Administration may approve a radioactive material license; and
• repealing outdated provisions related to the federal Uranium Mill Tailings Radiation Control Act of 1978.

The bill also repeals the statutory authority of the Colorado Department of Public Health and Environment (CDPHE) to acquire former uranium processing sites through eminent domain.

01:45 PM -- Jennifer Opila, CDPHE, spoke in support of the bill. She discussed the provisions of the bill and the NRC audit. Ms. Opila responded to committee questions about the bill.
BILL:HB15-1145
TIME: 01:49:45 PM
MOVED:Crowder
MOTION:Refer House Bill 15-1145 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
Yes
Lundberg
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:50 PM -- HB15-1111

The committee reconsidered the previous vote on House Bill 15-1111.
BILL:HB15-1111
TIME: 01:51:02 PM
MOVED:Aguilar
MOTION:Moved to reconsider HB15-1111. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
Yes
Lundberg
Yes
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB15-1111
TIME: 01:51:46 PM
MOVED:Newell
MOTION:Refer HB 15-1111 to the Committee on Finance. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
Yes
Lundberg
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:52 PM -- SB 15-204

Senator Newell and Senator Lundberg presented Senate Bill 15-204, concerning the independent functioning of the Office of the Child Protection Ombudsman (OCPO). Under current law, the OCPO operates via a contract with the Department of Human Services (DHS) and is located within a nonprofit organization. This bill creates the OCPO as an agency of the General Assembly and forms the Nonpartisan Child Protection Ombudsman Board (the board) to oversee its operations. The board has at least 13 members appointed by the Chief Justice of the Colorado Supreme Court, the Governor, and the leadership of the General Assembly according to specific criteria. Board members serve four-year terms and are not compensated, except that they may be reimbursed for actual and reasonable expenses. The bill specifies the duties of the board, including hiring and discharging the ombudsman, providing fiscal oversight of the office, and assisting the OCPO to enter into a memorandum of understanding with the DHS and county departments of human services. The board must meet at least twice per year and members are reimbursed for expenses out of the operational budget of the OCPO.

Senator Lundberg addressed concerns about locating the OCPO in the legislative branch. Committee discussion followed.

02:02 PM -- Julie Krow, DHS, spoke in opposition to the bill. She provided a historical perspective of how the ombudsman office was establish by the legislature with the consensuses of all stakeholders. She told the committee that DHS believes that the current structure of the OCPO works, and she provided examples about how the office interacts with DHS. Ms. Krow responded to committee questions about the current relationship between DHS and OCPO, how the structure would change if OCPO was moved out of DHS, and whether the move would limit OCPO's access to DHS. Committee discussion ensued regarding these concerns.

02:16 PM

Ms. Krow continued to respond to committee concerns. Committee discussion followed about transparency and accountable in the child welfare system.

02:22 PM -- Pat Ratliff, Colorado Counties, Inc. (CCI), stated that CCI does not have an official opinion on the bill. She expressed concern about moving the OCPO to the legislative branch, and she discussed her concern about the challenges the OCPO may encounter being part of the legislative branch.

02:33 PM -- Marilee McWilliams, Arapahoe County Attorney's Office, spoke in opposition to the bill. She expressed her point of view that the OCPO should be able to evaluate the child welfare system in its entirety. Ms. McWilliams responded to committee questions.

02:40 PM -- Stephanie Villafuerte, Rocky Mountain Children's Law Center, spoke in support of the bill. She spoke about public access to the OCPO and the conflict of interest she believes exists as a result of OCPO being under DHS.

02:48 PM -- Linda Weinerman, Office of the Child's Representative, spoke in support of the bill and expressed concern that the OCPO cannot truly be independent as long as it is under DHS. She discussed the number of child welfare cases that are handled within the DHS child welfare system that do not involve the courts. She also discussed the public perception that the OCPO is not going to review concerns about child welfare cases fairly since it is part of DHS.

02:55 PM -- Peg Rudden, CASA Advocates for Children, spoke in support of the bill. She spoke about the difficulty children in the child welfare system experience when they have concerns about the system and how their case is being handled.


02:58 PM -- Tori Black, representing herself, spoke in support of the bill. She told the committee that although the OCPO works for the children in the child welfare system, these children do not have access to the OCPO. She explained that foster children are often suspect of DHS and may not be comfortable going to DHS about complaints and concerns. She stated that often a child's complaint stops at the case worker level and is never fully addressed. She also stated that more information about the role of the OCPO needs to be available to families who are in the child welfare system.

03:05 PM -- Kendall Marlowe, National Association of Counsel For Children, spoke in support of the bill and about his experience as an attorney who represents abused and neglected children. He discussed his concern that the OCPO should be addressing systemic changes within the child welfare system.

03:11 PM -- Carla Bennett, Colorado League of Women Voters and Colorado Coalition of Adoptive Families, spoke in support of the bill.

03:16 PM -- Mary Lewis, Aurora Public Schools Board of Education, spoke in support of the bill. She told the committee about her involvement in the creation of the legislation that established the OCPO.

03:18 PM -- Dennis Goodwin, OCPO, responded to committee questions and told the committee that the bill represents stability and sustainability for the OCPO. He stated that the partnerships that the office has developed will be maintained regardless where the OCPO is located.

03:20 PM -- Sabrina Byrnes, OCPO, responded to committee questions and discussed the number of calls and the nature of the calls that the OCPO receives.

03:23 PM -- Aubrey Shomo, representing herself, spoke in support of the bill and about state regulations governing the child welfare system.


03:29 PM

Senator Lundberg and Senator Newell made closing comments on the bill. Committee members commented on the bill.
BILL:SB15-204
TIME: 03:32:19 PM
MOVED:Newell
MOTION:Refer Senate Bill 15-204 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
Yes
Lundberg
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:33 PM

The committee adjourned.