First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0619.01 Jane Ritter HOUSE BILL 11-1038 HOUSE SPONSORSHIP McKinley, SENATE SPONSORSHIP (None), House Committees Senate Committees Health and Environment A BILL FOR AN ACT Concerning the repeal of the authority of the executive director of the department of human services to sell the Trinidad state nursing home. 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.) The bill repeals the authority of the executive director of the department of human services to sell the Trinidad state nursing home. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Repeal. 26-12-112 (5), Colorado Revised Statutes, is repealed as follows: 26-12-112. Powers and duties of state department. (5) (a) The executive director shall have the authority to transfer title to any real or personal property at the Trinidad state nursing home, established pursuant to section 26-12-201, on terms and conditions he or she deems appropriate. In the process of transferring the property pursuant to this subsection (5), the executive director shall work in consultation with the board of county commissioners for Las Animas county and shall encourage and entertain bids that include an assurance of continuity of care for residents and an employee retention plan. In making a decision, the state department shall consider any independent feasibility study that may be conducted by or on behalf of any Trinidad or Las Animas county organization and shall make available upon request any nonconfidential information concerning the Trinidad state nursing home that may be needed for such feasibility study. (b) Any proceeds from the sale of property pursuant to paragraph (a) of this subsection (5) shall be deposited in the central fund and applied toward projects and programs for state nursing homes. SECTION 2. Repeal. 26-12-201 (1) (b), Colorado Revised Statutes, is repealed as follows: 26-12-201. State nursing homes authorized. (1) (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the executive director shall have the authority to transfer title to any real or personal property at the Trinidad state nursing home pursuant to section 26-12-112 (5). SECTION 3. 24-1-120 (5) (b), Colorado Revised Statutes, is amended to read: 24-1-120. Department of human services - creation - repeal. (5) The department of human services shall include the following: (b) The Trinidad state nursing home unless transferred pursuant to section 26-12-112 (5), C.R.S., and the Colorado state veterans center, which are transferred by a type 2 transfer to the department of human services; SECTION 4. 24-51-311, Colorado Revised Statutes, is amended to read: 24-51-311. Continuation of membership. Notwithstanding the provisions of section 24-51-310, employees of a public hospital which is sold, leased, or otherwise transferred to a nonprofit corporation organized pursuant to the laws of this state for the purpose of conducting a hospital or employees of an association-affiliated employer that has transferred title pursuant to section 26-12-112 (5) (a), C.R.S., to an entity organized pursuant to the laws of the state for the purpose of conducting a long-term care facility or health care facility, may continue membership in the association if the board determines, in its sole discretion, that continued membership will not adversely affect its qualified governmental plan status and if the transfer agreement provides for continuance of membership and if the new employer agrees to submit to the association the appropriate amount of employer and member contributions and disbursements pursuant to part 4 of this article that would be due from an employer affiliated with the association and from a member pursuant to the provisions of section 24-51-401 (1.7). SECTION 5. 26-12-402 (2) (a), Colorado Revised Statutes, is amended to read: 26-12-402. Board of commissioners of state and veterans nursing homes - creation - powers and duties. (2) The functions of the board of commissioners are to: (a) Advise the division, the state nursing home located in Trinidad, unless it has been transferred pursuant to section 26-12-112 (5), and the veterans nursing homes located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado; SECTION 6. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor.