Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:10/16/2006
ATTENDANCE
Time:09:37 AM to 11:17 AM
Butcher
*
Cadman
X
Place:LSB A
Cerbo
X
Garcia
X
This Meeting was called to order by
Gordon
*
Representative Romanoff
Groff
*
Harvey
*
This Report was prepared by
Hoppe
X
Jennifer Thomsen
Johnson
*
Madden
X
May M.
X
McElhany
X
Spence
X
Teck
X
Tupa
X
Windels
X
Fitz-Gerald
X
Romanoff
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Speaker's Opening Remarks
Water Resources Review Committee
Police Officers' and Firefighters' Pension Reform Commission
Legislative Oversight Committee on State and Veterans Nursing Homes
Transportation Legislation Review Committee
Health Care Task Force
Early Childhood and School Readiness Commission
Treatment of Persons with Mental Illness in the Justice System Oversight Committee		-
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-
-
-
-
-
-

09:38 AM -- Speaker Romanoff's Opening Remarks

Speaker Romanoff called the meeting to order. He explained to the committee the purpose of today's meeting, noting that it is not the job of the Legislative Council to debate the merits of the bill, rather to determine that each legislative recommendation fits under the proposing committee's charge. He said that a notebook was provided to each member of the legislative council containing an executive summary of each committee's interim work, the bill recommendations, and the committee's authorizing statute or resolution (Attachment A).

09:40 AM -- Water Resources Review Committee

Representative Curry, chair of the Water Resources Review Committee, came to the table to describe the work of the committee. She said the committee held several meetings and went on two tours during the interim. Representative Curry described testimony heard by the committee that lead to the committee's three proposals, including two bills and a resolution.


09:42 AM

Representative Curry described Bill A, which expands the water efficiency grant program. She explained the purpose of the program and the goals of Bill A. Representative Curry responded to questions from the committee, including a question from Representative Hoppe regarding the potential fiscal impact of the bill.

09:44 AM

Representative Curry described Bill B, which increases the maximum compensation paid to the directors of certain types of water districts. She explained that the bill would standardize the compensation rate. She noted that the bill is permissive.

09:46 AM

Representative Curry described Resolution A, which requests that congress support the federal "Rural Water Infrastructure Act." She described the act.
BILL:Water Resources Review Committee
TIME: 09:47:34 AM
MOVED:Teck
MOTION:Moved to approve Bill A, Bill B, and Resolution A. The motion passed without objection.
SECONDED:Hoppe
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Excused
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection



09:48 AM -- Police Officers' and Firefighters' Pension Reform Commission

Senator Tochtrop came to the table to describe the work of the Police Officers' and Firefighters' Pension Reform Commission, which met one time during the interim. She described testimony heard by the commission.

09:49 AM

Senator Tochtrop described Bill A, which exempts from property taxation property used and occupied by the Fire and Police Pension Association (FPPA). Senator Tochtrop responded to questions from the committee, including a question regarding whether other associations receive this tax break. She answered additional follow-up questions from the committee.

09:53 AM

Senator Tochtrop described Bill B, which concerns the timing of contribution deposits for plans administered by the FPPA.

09:53 AM

Senator Tochtrop described Bill C, which concerns pension options for new hire members who have a change in marital status after retiring unmarried. Senator Tochtrop responded to a question from President Fitz-Gerald regarding the 180 day requirement in the bill.

09:55 AM

Senator Tochtrop described Bill D, which simplifies administration of disability and survivor benefits for members of the FPPA. She noted it clarifies current law. She responded to questions from the committee, including a question about the changing of the age limit for a dependant child to 23.

09:57 AM

Senator Tochtrop described Bill E, which concerns qualification as a volunteer firefighter for purposes of pension plans. She described current law in this area and how the bill would change current law.


09:58 AM

Senator Tochtrop described Bill F, which concerns length of service awards for bona fide volunteers who provide qualified emergency services.
BILL:FPPA
TIME: 09:59:24 AM
MOVED:Teck
MOTION:Moved to approve Bill B, Bill C, Bill D, Bill E, Bill F. The motion passed without objection.
SECONDED:Hoppe
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Excused
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:FPPA
TIME: 09:59:56 AM
MOVED:Madden
MOTION:Moved to approve Bill A. The motion passed on a 9-7-2 roll call vote.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
No
Johnson
Excused
Madden
Yes
May M.
No
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS


10:02 AM -- Legislative Oversight Committee on State and Veterans Nursing Homes

Senator Tochtrop, chair of the Legislative Oversight Committee on State and Veterans Nursing Homes, came to the table to describe the work of the committee over the interim and the committee's charge. She described reports of commissions that report to the oversight committee.

10:03 AM

Senator Tochtrop described Bill A, which creates a Board of Commissioners of State and Veterans Nursing Homes in the Department of Human Services. She explained the make-up and charge of the Governor-appointed commission.


10:04 AM

Senator Tochtrop described Bill B, which appropriates funds to the Central Fund for State Nursing Homes. She provided details about the appropriation made under the bill.
BILL:State and Veterans Nursing Homes
TIME: 10:05:59 AM
MOVED:Tupa
MOTION:Moved to approve Bill A and Bill B. The motion passed without objection.
SECONDED:Groff
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Excused
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

10:06 AM -- Transportation Legislation Review Committee

Senator Takis, chair of the Transportation Legislation Review Committee (TLRC), came to the table to describe the bills proposed by the committee.


10:06 AM

She described Bill A, which requires that certain motor vehicle carriers that transport passengers obtain criminal history record checks. She described the requirements of the bill, including that the carrier pay for the checks.

10:07 AM

Senator Takis described Bill B, which concerns the abolition of a redundant, non-signaled, and unattended at-grade railroad crossing without a hearing before the Public Utilities Commission. She explained that this impacts primarily rural crossings. Senator Takis responded to questions from the committee, including describing what "redundant" means in the context of the bill.

10:10 AM

Senator Takis described Bill C, which repeals the limitation on the number of full-time equivalent (FTE) employees that the Department of Transportation may employ.

10:11 AM

Senator Takis described Bill D, which concerns the avoidance of registration of motor vehicles. The bill prohibits the issuance of more than two temporary registration tags. She responded to questions from President Fitz-Gerald and Representative Cadman.

10:13 AM

Senator Takis described Bill E, which concerns the Public Utilities Commission's (PUC) duty to promulgate rules regulating carriers exempt from regulation as a public utility. She described the provisions of the bill and responded to questions from the committee. Senator McElhany commented on the policy making authority of the PUC. Senator Takis responded to Senator McElhany's comments. President Fitz-Gerald commented on the bill and its impact on public safety. Senator Takis responded.


10:17 AM

Senator Takis described Bill F, which concerns the scope of the jurisdiction of the TLRC. She explained that a subcommittee of the TLRC was formed to determine whether the statute governing the TLRC needed updating, which resulted in Bill F.
BILL:TLRC
TIME: 10:18:54 AM
MOVED:Fitz-Gerald
MOTION:Moved to approve Bill A, Bill B, Bill D, and Bill F. The motion passed without objection.
SECONDED:Windels
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


10:19 AM

Speaker Romanoff noted that Bill C died for lack of a motion moving it forward.
BILL:TLRC
TIME: 10:19:35 AM
MOVED:Spence
MOTION:Moved to approve Bill E. The motion passed on a 10-7-1 roll call vote.
SECONDED:Groff
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
Yes
Johnson
Yes
Madden
Yes
May M.
No
McElhany
No
Spence
Yes
Teck
No
Tupa
Yes
Windels
No
Fitz-Gerald
No
Romanoff
Yes
Final YES: 10 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:22 AM -- Health Care Task Force

Representative Frangas, chair of the Health Care Task Force, came to the table to present the bills from the task force. He described the work of the task force over the interim and noted that the bills do not address every issue heard by the task force.


10:23 AM

Representative Frangas described Bill A, which concerns a prescription drug consumer information and technical assistance program. He explained the program, noting it is based on a program in Wyoming. He said it improves patient outcomes. Representative Frangas responded to a question from Senator Spence regarding physician liability.

10:25 AM

Representative Frangas described Bill B, which concerns transfer of the electronic prescription drug monitoring program from the Department of Regulatory Agencies to the Department of Public Health and Environment. He described the need for the bill, and explained the how the program works. Representative Frangas responded to a question from Senator Spence regarding why the transfer to the Department of Public Health and Environment is needed.

10:27 AM

Representative Frangas described Bill C, which addresses health care needs in rural areas of the state. He explained that the bill allows the Division of Insurance to conduct a study on what drives health care costs in the Pueblo area. He described two grant programs created by the bill and described how the bill modifies the Nursing Teacher Loan Forgiveness Pilot Program. He said the bill is based on extensive testimony before the task force. Representative Frangas responded to questions from Senator Spence regarding the singling out of the Pueblo area in the bill. He said the bill is not meant to be exclusive. Senator Spence asked follow-up questions about the other provisions of the bill. Representative Frangas described the intent of the bill in addressing rural health care issues. President Fitz-Gerald provided comments to Senator Spence's questions, noting there are issues of access as well as of cost in the Pueblo area.


10:33 AM

Representative Frangas described Bill D, which concerns measures to enhance the profession of advance practice nursing. He described the provisions of the bill, which allow advance practice nurses to do a number of things not currently allowed in law. Representative Frangas responded to a question from Senator Spence regarding the qualifications of an advance practice nurse. Senator Spence asked follow-up questions about how the bill impacts quality of care. Representative Frangas responded, describing some testimony on the topic heard by the task force. Representative May commented on advance practice nurses, noting they provide care in rural areas that is not otherwise available.

10:36 AM

Representative Frangas described Bill E, which concerns access to health insurance. He noted the bill is a comprehensive one that attempts to address a number of issues heard by the committee. He described testimony heard by the task force on small business health insurance challenges. Representative Frangas explained the provisions of the bill. He said the bill addresses the issue of the number of eligible people who are not enrolled in Medicaid and the Children's Basic Health Plan (CHP+). Representative Frangas described how the bill addresses premium subsidies. He responded to questions from the committee, including one from Senator Johnson about the fiscal impact of expanding CHP+.

10:43 AM

Representative Frangas described Bill F, which extends Medicaid eligibility for children in foster care immediately prior to emancipation. He responded to questions from the committee, noting that the bill increases access for these young people. Representative Harvey asked how many people the bill would impact. Representative Frangas responded, saying that he does not have that number, and noting that the fiscal note will not include a cost-benefit analysis.

10:46 AM

Representative Frangas described Bill G, which concerns nurse staffing levels in hospitals. He said the bill requires hospitals to develop, implement, and file with the Department of Public Health and Environment a staffing plan to include the minimum number of registered nurses, licensed practical nurses, and other personnel providing patient care. He described the other provisions of the bill. Representative Frangas responded to questions from Representative May regarding the charge of the Health Care Task Force and how Bill G fits under that charge. Representative Cadman asks what the bill does for the patient and about current practices and accreditation processes. Representative Frangas responded, noting the bill addresses health care workforces, which is within the committee's charge. Representative Cadman asked for clarification of what problem the bill seeks to address. Representative Frangas responded, relating what was heard in testimony before the task force.


10:55 AM

Conversation between Representatives Frangas and Cadman on these issues continued.

10:55 AM

Representative Frangas described Bill H, which concerns the use of telemedicine. He explained how telemedicine is currently used and described the provisions of the bill, which requires the Department of Health Care Policy and Financing to seek federal authorization for the reimbursement of home health care services and home- and community-based services by home care providers.
BILL:Health Care Task Force
TIME: 10:57:12 AM
MOVED:Madden
MOTION:Moved to approve Bill A and Bill B. The motion passed without objection.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



BILL:Health Care Task Force
TIME: 10:58:22 AM
MOVED:Fitz-Gerald
MOTION:Moved to approve Bill C. The motion passed on an 11-6-1 roll call vote.
SECONDED:Madden
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
No
Johnson
Yes
Madden
Yes
May M.
Yes
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 11 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:Health Care Task Force
TIME: 10:59:33 AM
MOVED:Madden
MOTION:Moved to approve Bill D. The motion passed on a 13-4-1 roll call vote.
SECONDED:Groff
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
Yes
Johnson
Yes
Madden
Yes
May M.
Yes
McElhany
No
Spence
No
Teck
Yes
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 13 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Health Care Task Force
TIME: 11:00:20 AM
MOVED:Madden
MOTION:Moved to approve Bill E. The motion passed on a 12-5-1 roll call vote.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Yes
Madden
Yes
May M.
No
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 12 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:Health Care Task Force
TIME: 11:01:06 AM
MOVED:Madden
MOTION:Moved to approve Bill F. The motion passed on a 10-7-1- roll call vote.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
Yes
Johnson
No
Madden
Yes
May M.
No
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 10 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Health Care Task Force
TIME: 11:01:49 AM
MOVED:Madden
MOTION:Moved to approve Bill G. The motion passed on a 9-8-1 roll call vote.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
No
Hoppe
No
Johnson
No
Madden
Yes
May M.
No
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Final YES: 9 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:Health Care Task Force
TIME: 11:02:33 AM
MOVED:Madden
MOTION:Moved to approve Bill H. The motion passed without objection.
SECONDED:Tupa
VOTE
Butcher
Excused
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



11:03 AM -- Early Childhood and School Readiness Commission

Senator Williams, co-chair of the Early Childhood and School Readiness Commission, came to the table to describe the commission and its work over the interim. She described the presentations heard by the commission over the past year.

11:05 AM

Senator Williams described Bill A, which changes the Early Childhood and School Readiness Commission to the Early Childhood Commission and makes other changes to the commission's authorizing statute.

11:05 AM

Senator Williams described Bill B, which concerns increasing the frequency of inspection visits to licensed child care facilities.

11:06 AM

Senator Williams described Bill C, which expands the statewide early childhood councils.

11:07 AM

Senator Williams described Bill D, which concerns a coordinated system of payment for early intervention services for children eligible for benefits under Part C of the "Individuals with Disabilities Education Act." She responded to a question from Senator Spence regarding the number of children waiting for services. Senator Williams noted there are hundreds of children on waiting lists. She continued a dialog with Senator Spence on this issue. Senator Williams noted that many of these children are Medicaid eligible.


11:10 AM

Senator Williams described Bill E, which concerns the investigation of child care providers who provide care for children whose care is funded by the Colorado Child Care Assistance Program. She described what is currently happening in this regard.
BILL:Early Childhood and School Readiness Commission
TIME: 11:12:13 AM
MOVED:Windels
MOTION:Moved to approve Bill A, Bill B, Bill C, Bill D, and Bill E. The motion passed without objection.
SECONDED:Madden
VOTE
Butcher
Cadman
Cerbo
Garcia
Excused
Gordon
Groff
Harvey
Hoppe
Johnson
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

11:12 AM -- Treatment of Persons with Mental Illness in the Justice System Oversight Committee

Senator Windels, chair of the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Justice System (MICJS), came to the table to describe the work of the committee. She described the work done by the MICJS task force.

11:13 AM

Senator Windels described Bill A, which creates an advisory board to make recommendations concerning competency evaluations in adult criminal cases.


11:14 AM

Senator Windels described Bill B, which creates a demonstration program for integrated systems of care family advocacy programs for mental health juvenile justice populations. She said the bill creates six demonstration programs across the state. She responded to questions from the committee.

11:16 AM

Senator Windels described Bill C, which concerns juvenile justice procedures for juveniles who may suffer from mental health problems.
BILL:MICJS
TIME: 11:17:17 AM
MOVED:Windels
MOTION:Moved to approve Bill A, Bill B, and Bill C. The motion passed without objection.
SECONDED:Fitz-Gerald
VOTE
Butcher
Cadman
Cerbo
Garcia
Excused
Gordon
Groff
Harvey
Hoppe
Johnson
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

11:17 AM

The committee adjourned.