House Committee on Health and Environment (02/09/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND ENVIRONMENT

Date:	02/09/2012	ATTENDANCE

Time:	02:15 PM to 04:52 PM	Bradford	X
		Brown	X
Place:	LSB A	Fields	X
		Joshi	X
This Meeting was called to order by		Kefalas	X
	Representative Summers	Kerr J.	E*
		Massey	X
This Report was prepared by		McCann	X
	Amanda King	Peniston	X
		Schafer S.	X
		Young	X
		Acree	E*
		Summers	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1103 HB12-1046		Referred to Appropriations Referred to Appropriations

02:16 PM -- House Bill 12-1103

Representative Vaad presented House Bill 12-1103, concerning an authorization for a board of county commissioners to exclude its county from the enhanced Automobile Inspection and Readjustment (AIR) Emissions Program area if the excluded county does not violate applicable national ambient air quality standards. The bill allows counties, or parts of counties, to be exempt from vehicle emissions testing, provided the exempted area is not in violation of national carbon monoxide limits or ozone limits established by the Environmental Protection Agency (EPA). The board of county commissioners may designate the exemption from the AIR Program after it has been determined that the exempted area is in compliance with ambient air quality standards.

02:19 PM -- Sean Conway, Weld County Commissioner, and Mayor Tom Norton, Mayor of Greeley, testified in support of the bill. Mr. Conway said he was authorized by the Larimer County Board of County Commissioners and the Weld County Clerk and Recorder to express their support of the bill. Mr. Conway explained the changes that have been made to House Bill 12-1103 from similar legislation that was considered in 2011, which includes broadening the bill to allow any Front Range county to opt out of vehicle emissions testing requirements if certain requirements are met. Mayor Norton stated that the City Council of Greeley and Northern Colorado Legislative Alliance support the bill. Mr. Conway responded to questions from the committee about the data collected related to air quality, air flow, the economic impact of the bill, the health-related costs related to air pollution, how the EPA measures air quality, and why Colorado began the AIR program.

02:40 PM -- Evelyn King, representing herself, testified in support of the bill. She explained the differences in readings air quality monitors have reported even though they are located three miles apart. She explained the documents contained in the informational packet (Attachment A) she provided to the committee. Ms. King responded to questions from the committee about the information contained in the packet.

02:49 PM -- Garry Kaufman, Colorado Department of Public Health and Environment, testified against the bill. He discussed concerns about implementation issues related to House Bill 12-1103, possible violations of federal law that may occur if House Bill 12-1103 is enacted and the consequences of those violations, and how ozone issues are of regional concern. Mr. Kaufman responded to questions about the fiscal note, the effects that could occur if parts of counties opted out of the vehicle emissions testing program, whether Colorado currently meets the EPA standards, how ozone fluctuates naturally, and what the long-term consequences could be if some counties opted out of the AIR program.

03:08 PM -- Natalia Swalnick, American Lung Association, testified against the bill. She discussed the health concerns that can occur from ozone pollution exposure. Ms. Swalnick responded to a question about the economic impact of respiratory disease.

03:12 PM

Representative Vaad provided closing comments on the bill. The committee dialogued about the bill, specifically related to whether the state is in compliance with EPA standards, the long-term impact implementation of the bill would have on air quality, and the confusion the bill could create if counties opted out of the AIR Program and then were later required to reinstate the AIR Program due to air quality standards.


BILL:	HB12-1103
TIME:	03:20:29 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 12-1103 to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED:	Brown
		VOTE
	Bradford	Yes
	Brown	Yes
	Fields	No
	Joshi	Yes
	Kefalas	No
	Kerr J.	Yes
	Massey	Yes
	McCann	No
	Peniston	No
	Schafer S.	No
	Young	No
	Acree	Yes
	Summers	Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:21 PM

The committee took a brief recess.

03:26 PM

Representative Summers called the committee back to order.

03:27 PM -- House Bill 12-1046

Representative Sonnenberg presented House Bill 12-1046, concerning requiring drug testing as a condition of eligibility for the Colorado Works Program. The bill requires persons applying for assistance through the Colorado Works Program to take and pass a drug test prior to receiving assistance. Applicants are required to pay for the test. If an applicant passes the drug test, he or she is then reimbursed the costs of the test when receiving the first assistance payment. The bill contains provisions concerning what occurs in the event of a positive drug test, the ability of children under the age of 18 to receive assistance, and various notification requirements. Representative Sonnenberg responded to questions about how payment for the testing would occur, whether there is evidence about the number of Temporary Assistance for Needy Families (TANF) recipients who are using drugs, whether it would be more beneficial to assist with counseling and treatment options, and how many employers require drug testing of employees. The committee continued to dialogue with Representative Sonnenberg about the bill, including the potential impact the bill could have on people who receive public assistance, whether other states have implemented similar programs, the costs the state that could incur by implementing the program, and the constitutionality of the legislation.

03:47 PM -- Julie Reiskin, Colorado Cross-Disability Coalition, stated that an amendment is needed to address the issue of allowing people with disabilities who legally use controlled substances to still be able to receive TANF funds. She explained the need to keep medical information pertaining to people with disabilities private. Representative Sonnenberg discussed the need for such an amendment.

03:49 PM -- Pat Ratliff, Colorado Counties, Inc., testified against the bill. She discussed the potential cost to counties of a drug testing program and the budget reductions that are occurring relative to TANF funds. Representative Massey discussed the option of allowing for diversion to a substance abuse treatment program if an applicant fails a drug test. Ms. Ratliff responded to questions about the costs to counties for a drug testing program.

03:56 PM -- Rebecca Jones, Colorado Interfaith Voices for Justice, stated her opposition to the bill. She discussed other groups, such as state employees, state contractors, and elected officials, who are not required to submit to drug testing. Ms. Jones responded to questions about the prevalence of drug use in the population served by the Colorado Works Program.

04:01 PM -- Tim Thomas, representing himself, testified against the bill. He discussed including requirements to drug test other individuals who receive state funds.

04:05 PM -- Sarah Marsh, Colorado Department of Human Services, discussed the department concerns about the bill. She discussed the costs that could arise from a drug testing program, the impact of the addition administrative step, and the experiences other states have had with similar programs. Ms. Marsh responded to questions about the current requirements to qualify for the TANF program, the potential increase in staffing to administer and monitoring a drug testing program, the current assessments that occur for substance abuse for those receiving TANF funds, and the costs of drug testing.

04:11 PM -- William Chengelis, U.S. Marijuana Party, testified against the bill.

04:13 PM -- Jackie Parkins, 9 to 5 Colorado, testified against the bill. She discussed the implementation of similar programs in other states.

04:16 PM

Representative Sonnenberg stated he did not have amendments, but is working to address the issues related to people with disabilities who legally use controlled substances and receive TANF funds.

04:18 PM

Representative Fields explained amendment L.001 (Attachment B), which would allow counties to implement a pilot program that requires drug testing as a condition of eligibility for assistance through the Colorado Works Program. Representative Sonnenberg and the committee dialogued about the amendment.


BILL:	HB12-1046
TIME:	04:20:14 PM
MOVED:	Fields
MOTION:	Moved amendment L.001 (Attachment B). The motion failed on a vote of 3-9.
SECONDED:	McCann
		VOTE
	Bradford	No
	Brown	Yes
	Fields	Yes
	Joshi	No
	Kefalas	No
	Kerr J.	No
	Massey	No
	McCann	Yes
	Peniston	No
	Schafer S.	Excused
	Young	No
	Acree	No
	Summers	No

YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL

04:26 PM

Representative Fields explained amendment L.002 (Attachment C), which would reduce the amount of time a person who fails a drug test is ineligible for the Colorado Works Program from one year to 90 days and remove language concerning reapplication to the Colorado Works Program. The committee dialogued about amendment L.002. Representative Massey proposed a conceptual amendment to amend amendment L.002 to allow for a person who fails a drug test to only be able to reapply for the Colorado Works Program once. The committee and Representative Sonnenberg dialogued about the conceptual amendment. The conceptual amendment and amendment L.002 were both withdrawn.


BILL:	HB12-1046
TIME:	04:33:24 PM
MOVED:	Massey
MOTION:	Moved a conceptual amendment to amendment L.002 to strike line 8 and substitute "Page 6, strike lines 1 and 2. Page 6, line 3, strike "treatment.". The motion was withdrawn.
SECONDED:	Brown
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	HB12-1046
TIME:	04:35:15 PM
MOVED:	Fields
MOTION:	Moved amendment L.002 (Attachment C). The motion was withdrawn.
SECONDED:	McCann
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDRAWN

04:36 PM

The committee continued to dialogue about the bill, including the need for potential amendments if the bill moves forward in the legislative process and the need to bring attention to substance abuse issues.

04:44 PM

Representative Sonnenberg discussed issues regarding the constitutionally of the program, the costs of the program, his commitment to work on amendments to address concerns with the bill, and his efforts to help people who receive TANF funds. The committee and Representative Sonnenberg dialogued about the cost to counties related to the bill and substance abuse treatment.


BILL:	HB12-1046
TIME:	04:50:22 PM
MOVED:	Brown
MOTION:	Moved to refer House Bill 12-1046 to the Committee on Appropriations. The motion passed on a vote of 7-5.
SECONDED:	Acree
		VOTE
	Bradford	Yes
	Brown	Yes
	Fields	No
	Joshi	Yes
	Kefalas	No
	Kerr J.	Yes
	Massey	Yes
	McCann	No
	Peniston	No
	Schafer S.	Excused
	Young	No
	Acree	Yes
	Summers	Yes

YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:52 PM

The committee adjourned.