Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
HEALTH AND HUMAN SERVICES
Date:
02/21/2005
ATTENDANCE
Time:
01:38 PM
to
06:39 PM
Berens
X
Clapp
X
Place:
HCR 0112
Cloer
E*
Green
X
This Meeting was called to order by
Lundberg
X
Representative
Boyd
McGihon
X
Riesberg
X
This Report was prepared by
Soper
X
Whitney Gustin
Stafford
X
Sullivan
X
Weissmann
X
Frangas
X
Boyd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1245
HB05-1157
Staff Presentations on Tobacco Tax Bills
HB05-1262
HB05-1261
HB05-1234
HB05-1233
Witness Testimony on Tobacco Tax Bills
Amended, Referred to Committee on Appropriations
Referred to the Committee of the Whole
-
Laid Over
Laid Over
Laid Over
Laid Over
-
01:40 PM -- House Bill 05-1245
Representative Solano, sponsor, presented the bill requiring individuals who receive public health care coverage (e.g., Medicaid and the Child Health Plan Plus) to report the name of their employer. She distributed amendments L.001 and L.002 and four additional documents (Attachments A through F).
The following person testified.
01:50 PM --
Steve Adams, Colorado AFL-CIO, spoke in favor of the bill. He stated the bill will help policy makers improve accessibility to health care coverage. He answered questions about reasons for compiling data addressed by the bill.
02:02 PM
Representative Solano answered questions about data collected on specific businesses, personal privacy issues, voluntary data collection.
02:09 PM --
Mr. Adams stated the data addressed by the bill is already collected. The bill simply requires the state to compile that data.
02:13 PM
Representatives Solano and Boyd discussed L.001. Representative Boyd made a motion, seconded by Representative Weissmann, to adopt L.001. A substitute motion was offered by Representative Lundberg.
BILL:
HB05-1245
TIME:
02:21:17 PM
MOVED:
Lundberg
MOTION:
Substitute motion to replace the bill's references to specific business names with "business categories". The motion failed on a tie vote.
SECONDED:
Stafford
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Excused
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES:
6
NO:
6
EXC:
1
ABS:
0
FINAL ACTION:
TIE
BILL:
HB05-1245
TIME:
02:24:45 PM
MOVED:
Boyd
MOTION:
Adopt L.001. The motion passed 10-3.
SECONDED:
Weissmann
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES:
10
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:26 PM
Representative Solano discussed L.002.
BILL:
HB05-1245
TIME:
02:27:39 PM
MOVED:
Boyd
MOTION:
Adopt L.002. The motion passed without objection.
SECONDED:
Frangas
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
02:28 PM
Representative Solano made concluding remarks. Members commented on the bill.
BILL:
HB05-1245
TIME:
02:29:50 PM
MOVED:
Riesberg
MOTION:
Refer the bill, as amended, to the Committee on Appropriations. The motion passed 7-6.
SECONDED:
Weissmann
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:31 PM -- House Bill 05-1157
Representative Riesberg, sponsor, presented the bill regarding supplemental evaluations related to the allocation of parental responsibilities in domestic relations proceedings. He answered questions about the bests interests of the child and current law.
The following persons testified.
02:35 PM --
Dr. Dana Cogan, citizen, discussed his work in human services, custody evaluations, special advocacy, and crafting prior legislation. He discussed the responsibilities of special advocates and the financial and psychological costs of parental responsibility evaluations.
02:43 PM --
Judge Jane Tidball, district court judge, stated the bill would apply to very few cases but would also provide an important option for judges deciding custody issues.
02:46 PM --
Mary Avery Moses, Colorado Bar Association, spoke in support of the bill.
02:48 PM --
Mike Baran, citizen, distributed a document to members (Attachment G). He discussed concerns with "court helpers" and his experience with special advocates. He answered questions about the appointment and qualifications of court evaluators and special advocates.
03:02 PM --
Judy Schure, citizen, spoke in opposition to the bill and distributed a document to members (Attachment H). She discussed concerns with the effectiveness of court evaluations.
03:06 PM --
Dr. Cogan discussed the costs of court evaluations.
03:08 PM --
Judge Tidball discussed court appointments of evaluators and special advocates.
03:09 PM
Representative Riesberg answered questions about the qualifications of court evaluators and special advocates.
BILL:
HB05-1157
TIME:
03:11:49 PM
MOVED:
Riesberg
MOTION:
Refer the bill to the Committee of the Whole. The motion passed 13-0.
SECONDED:
McGihon
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
13
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:12 PM
The committee recessed.
03:34 PM -- Legislative Staff Presentations on the Tobacco Tax Bills
Tom Dunn, Legislative Council Staff, distributed and discussed a table showing the expected revenues from Amendment 35, the new tobacco tax passed by the voters in 2004 (Attachment I). He discussed the impact of cigarette price elasticity, increased cost of cigarettes, cross-border sales, and internet sales of cigarettes. He stated tax revenue considerations for both cigarettes and tobacco products were very similar. He answered questions about why internet sales were not included in revenue estimations and revisions to tax revenue estimations.
03:43 PM
Michele Hanigsberg, Office of Legislative Legal Services, distributed and discussed a side-by-side comparison of the five tobacco tax implementation bills (Attachment J). She discussed the Constitutional amendment that created the new tobacco tax. She answered questions about how money may be distributed to programs each year. She stated identical provisions among the bills and constitutional provisions are not included in the side-by-side comparison. She described each bill's allocation of tax revenues into six designated funds: Tobacco Tax Cash Fund; General Fund/Old Age Pension Fund & Local Governments; Health Care Expansion Fund; Primary Care Fund; Tobacco Education Program Fund; and the Prevention, Early Detection, and Treatment Fund. She discussed Medicaid and Child Health Plan Plus (CHP+) expansion provisions for children, pregnant women, and families. She discussed the bills' Tobacco Education Program Fund and its relation to the current Tobacco Education, Prevention, and Cessation Grants (created with money from the tobacco Master Settlement Agreement). Finally, Ms. Hanigsberg discussed provisions in House Bill 1262 regarding the Prevention, Early Detection, and Treatment Fund. She answered questions about tobacco cessation programs.
04:14 PM -- House Bill 05-1262
Representative Boyd, sponsor, presented the bill regarding the implementation of the new tobacco tax revenues. She distributed amendments L.001, L.002, and L.003 and a summary document to members (Attachments K through N). She answered questions about the bill's reserve fund and tobacco tax revenue assumptions.
Witness testimony on all tobacco tax House Bills was taken after sponsor presentations were completed.
04:28 PM -- House Bill 05-1261
Representative Buescher, sponsor, presented the bill regarding implementation of the tobacco tax passed by the voters in 2004. He described the bill as a companion bill to the other tobacco tax bills and addresses technical issues not included in other bills. He answered questions about tobacco tax revenue projections.
Witness testimony on all tobacco tax House Bills was taken after sponsor presentations were completed.
04:34 PM -- House Bill 05-1234
Representative Witwer, sponsor, presented the bill regarding implementation of the tobacco tax passed by the voters in 2004. He distributed and discussed two documents to members (Attachments O and P). He discussed the bill's rainy day reserve fund and tobacco sales to minors.
Witness testimony on all tobacco tax House Bills was taken after sponsor presentations were completed.
04:45 PM -- House Bill 05-1233
Representative Stengel, sponsor, presented the bill regarding implementation of the tobacco tax passed by the voters in 2004. He discussed tobacco tax revenues, rainy day reserve funds, and funds for programs for developmentally disabled persons.
Witness testimony on all tobacco tax House Bills was taken after sponsor presentations were completed.
04:51 PM
The following persons testified on House bills 1262, 1233, 1261, and 1234.
04:51 PM --
Lorez Meinhold, Colorado Consumer Health Initiative, and Cindy Desplinter, Amendment 35 Coalition, came to the testimony table together. Ms. Meinhold described the groups that worked together on Amendment 35, the tobacco tax initiative. She stated HB 1262 is the only proposed bill that implements the tobacco tax as the voters intended. Ms. Desplinter described her family's experience caring for a child with cerebral palsy. She answered questions about her family's health care coverage.
05:02 PM --
Dr. Patricia Gabow, Denver Health, spoke in support of HB 1262. She stated the bill will help Denver Health fulfill its mission of caring for the underserved. She described the level of care provided to the uninsured by Denver Health.
05:07 PM --
Annette Kowal, Colorado Community Health Network, and Colleen Laeger, Salud Family Health Center, came to the table together. Ms. Kowal spoke in support of HB 1262 and stated it most closely reflects voter intent. She answered questions about Medicaid presumptive eligibility. Ms. Laeger discussed the membership of Salud's board of directors, her experience as an uninsured person, and funding cuts recently experienced by Salud.
05:16 PM --
Dr. Tim Byers, Amendment 35 coalition, spoke in support of HB 1262. He discussed preventive health care and program accountability.
05:25 PM --
Chris Sherwin, Colorado Tobacco Education and Prevention Alliance, spoke in support of HB 1262. He discussed the tobacco prevention and cessation program established with money from the tobacco Master Settlement Agreement. He answered questions about cessation programs for underserved populations and distributed and discussed a document regarding HB 1262 to members (Attachment Q). He answered questions about children's access to health care, reserve funds, other states' experiences with increased tobacco taxes, the impact of internet cigarette sales, Centers for Disease Control recommendations for program funding, and services for minority populations.
05:49 PM --
Emily Burkhardt, citizen, spoke in support of HB 1262. She described her work on the tobacco tax initiative.
05:54 PM --
Wilson Croom, Colorado Association of Distributors, discussed his concerns regarding the bills' lack of language addressing reimbursements for tax collection and wholesaler bad debt.
06:01 PM --
Larry Wall, Colorado Health and Hospital Association, spoke in support of HB 1262.
06:02 PM --
Barbara Prehmus, Department of Health Care Policy and Financing, spoke in support of HB 1233, particularly its program expansion provisions.
06:06 PM --
Jim Bernuth, Project PAVE (Promoting Alternatives to Violence through Education), spoke in support of HB 1234. He discussed his work with Tony Grampsas Youth Program grantees.
06:11 PM --
Rudy Balles, Metro Denver Partners, spoke in support of HB 1234, particularly because it addresses tobacco-associated violence. He stated such violence has increased as the cost of cigarettes has risen.
06:15 PM --
Dr. Allen Prochazka, citizen, spoke in support of HB 1234. He discussed the importance of reducing use of tobacco products among youth. He discussed cessation of tobacco use.
06:18 PM --
Glenna Norvell, Colorado Youth at Risk, spoke in support of HB 1234. She discussed her work with high-risk youth. She answered questions about applications for funding.
06:22 PM --
Matt Cook, Colorado Department of Revenue, spoke in support of HB 1234. He discussed inspections of Colorado retailers to ensure compliance with tax collection.
06:28 PM --
Curt Huber, American Lung Association, discussed youth smoking cessation programs. He spoke in support of HB 1262 and discussed concerns with HB 1234, particularly its allocation of funds. He answered questions about youth smoking.
Written testimony was distributed to members by the Colorado Coalition for the Homeless (Attachment R).
06:37 PM
Representative Boyd stated that the four House tobacco bills will be acted upon by the committee on March 9.
06:38 PM
The committee adjourned.