SENATE 3rd Reading Unamended May 12, 2010 SENATE Amended 2nd Reading May 11, 2010 HOUSE 3rd Reading Unamended May 6, 2010 HOUSE Amended 2nd Reading May 5, 2010Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 10-1107.01 Jerry Barry HOUSE BILL 10-1426 HOUSE SPONSORSHIP Riesberg and Todd, SENATE SPONSORSHIP Williams and Spence, House Committees Senate Committees Health and Human Services Business, Labor and Technology Appropriations Appropriations A BILL FOR AN ACT Concerning creation of a separate fund for the Trinidad state nursing home, and making an appropriation in connection therewith. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently all moneys related to all state nursing homes and state veterans nursing homes are deposited in a central fund for state nursing homes. The bill establishes the Trinidad state nursing home cash fund to receive all moneys related to the Trinidad state nursing home. The fund will be exempt from the limits on uncommitted reserves. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 26-12-108 (1) (a), Colorado Revised Statutes, is amended, and the said 26-12-108 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 26-12-108. Payments for care - funds - annual report - collections for charges - central fund for state nursing homes created - Trinidad state nursing home cash fund created. (1) (a) The state department shall establish rates for the care of residents, which rates shall be as nearly equal to the cost of operation and maintenance of the state nursing homes as practicable. Payments shall be made to the state department unless otherwise provided pursuant to a contract entered into in accordance with section 26-12-119. Except as otherwise provided in subsection (1.5) of this section, the state department shall deposit such payments together with any other moneys received from any source for the operation and maintenance of the state nursing homes with the state treasurer, who shall credit all such moneys to the central fund for state nursing homes, referred to in this article as the "central fund", which fund is hereby created. (1.5) (a) All payments received by the state department related to the Trinidad state nursing home, established pursuant to section 26-12-201 (1), together with any other moneys received from any other source for the operation and maintenance of the Trinidad state nursing home shall be deposited with the state treasurer who shall credit all such moneys to the Trinidad state nursing home cash fund, which fund is hereby created and referred to in this subsection (1.5) as the "cash fund". (b) (I) The state department is authorized to expend moneys from the cash fund for the direct and indirect costs incurred by the state department for the operation and administration of the Trinidad state nursing home, for capital construction in connection with said state nursing home, and for any costs or payments related to the divestiture of said state nursing home. The expenditures shall not require an appropriation by the general assembly but shall be limited to the amount available in the cash fund. (II) All requests for capital construction in connection with the Trinidad state nursing home submitted by the state department shall be considered by the capital development committee pursuant to section 2-3-1304, C.R.S. (III) All interest derived from the deposit and investment of moneys in the cash fund shall be credited to the cash fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the cash fund shall remain in the cash fund and shall not be credited or transferred to the general fund or any other fund. (IV) In enacting this subsection (1.5), it is the intent of the general assembly not to change the eligibility of or the process for the Trinidad state nursing home for capital construction or controlled maintenance moneys. SECTION 2. 26-12-112 (5) (b), Colorado Revised Statutes, is amended to read: 26-12-112. Powers and duties of state department. (5) (b) Any proceeds from the sale of property pursuant to paragraph (a) of this subsection (5) shall be deposited in the central Trinidad state nursing home cash fund, created in section 26-12-108 (1.5) and applied toward projects and programs for state nursing homes any costs or payments associated with the divestiture of the Trinidad state nursing home, including but not limited to any payment to the state board for community colleges and occupational education for any reversionary interest that such board may hold. SECTION 3. 24-75-402 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 24-75-402. Cash funds - limit on uncommitted reserves - reduction in amount of fees - exclusions. (5) Notwithstanding any provision of this section to the contrary, the following cash funds are excluded from the limitations specified in this section: (z) The Trinidad state nursing home cash fund created in section 26-12-108 (1.5), C.R.S. SECTION 4. 26-12-108 (1.5) (b), Colorado Revised Statutes, as enacted in House Bill 10-1426 is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 26-12-108. Payments for care - funds - annual report - collections for charges - central fund for state nursing homes created - Trinidad state nursing home cash fund created. (1.5) (b) (I.5) If the cash fund receives additional moneys from the general fund due to the enactment of House Bill 10-1281, enacted in 2010, the state treasurer is directed to transfer from the cash fund: (A) To the general fund an amount equal to any general fund moneys appropriated to the cash fund; and (B) From the moneys remaining after the transfer required by sub-subparagraph (A) of this subparagraph (I.5), to the central fund an amount equal to the operating losses accruing at the Trinidad state nursing home and subsidized by the central fund. SECTION 5. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the Trinidad state nursing home cash fund, for the Department of Human Services, for the fiscal year beginning July 1, 2010, the sum of three million six hundred twenty-two thousand eight hundred eighty dollars ($3,622,880), or so much thereof as may be necessary, for the implementation of this act. (2) It is the intent of the general assembly that the general fund appropriation in subsection (1) of this section shall be derived from savings generated from the implementation of the provisions of House Bill 10-1281, as enacted during the Second Regular Session of the Sixty-seventh General Assembly. SECTION 6. Effective date. (1) Except as otherwise provided in subsection (2) of this section, this act shall take effect upon passage. (2) Sections 4 and 5 of this act shall take effect July 1, 2010, only if: (a) The final fiscal estimate for House Bill 10-1281 shows a net increase in the amount of general fund revenues for state fiscal year 2010-11 that is equal to or greater than the amount of the general fund appropriation made for the implementation of this act for state fiscal year 2010-11, as reflected in section 5 of this act; (b) House Bill 10-1281 is enacted and becomes law; and (c) The staff director of the joint budget committee files written notice with the revisor of statutes no later than July 15, 2010, that the requirement set forth in paragraph (a) of this subsection (2) has been met. SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.