First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R11-0912.01 Brita Darling SJR11-031 SENATE SPONSORSHIP Steadman, HOUSE SPONSORSHIP (None), Senate Committees House Committees Legislative Council SENATE JOINT RESOLUTION 11-031 Concerning creation of a committee to study dedicated sources of revenue in the state constitution related to health care. WHEREAS, Although there are indications that the recession has subsided, the state's economy remains in a weakened state with restrained consumer spending, high unemployment, and continued instability in the financial and real estate sectors that continue to dampen economic recovery; and WHEREAS, The number of Coloradans eligible for public health insurance programs has increased from approximately 8.66% of the state's population to an estimated 11.51% of the state's population in 2011; and WHEREAS, In the current fiscal year, the state constitution dedicates approximately $113.9 million in tax revenues to public health care assistance programs, but limits the flexibility of the General Assembly to allocate these resources in the most efficient and effective way to serve those needing assistance; and WHEREAS, During the last two fiscal years, the General Assembly has passed an emergency resolution, authorized by the state constitution, declaring a state fiscal emergency so that certain dedicated health care revenues could be used for general fund relief necessitated by the unprecedented growth in the state Medicaid program and to allow for federal matching moneys needed by clinics serving indigent clients; and WHEREAS, The General Assembly should create an interim committee to study and ascertain the impact that the recent economic recession and state reforms have or may have on the health care programs that receive dedicated funding through the state constitution and to make recommendations to the General Assembly regarding any changes to state constitutional provisions that would make more appropriate or efficient use of these dedicated sources of revenue for the health care programs created in the state constitution; now, therefore, Be It Resolved by the Senate of the Sixty-eighth General Assembly of the State of Colorado, the House of Representatives concurring herein: (1) That there is hereby created an interim study committee to examine state constitutional provisions relating to certain health care programs; (2) (a) That the study committee shall consist of fifteen members, appointed as follows: (I) Two members of the Senate appointed by the President of the Senate and consisting of one member serving on the Joint Budget Committee and one member serving on the Health and Human Services Committee of the Senate, or any successor committee; (II) Two members of the House of Representatives appointed by the Speaker of the House of Representatives and consisting of one member serving on the Joint Budget Committee and one member serving on the Health and Environment Committee of the House of Representatives, or any successor committee; (III) One member of the Senate appointed by the Minority Leader of the Senate and serving on the Health and Human Services Committee of the Senate, or any successor committee; (IV) One member of the House of Representatives appointed by the Minority Leader of the House of Representatives and serving on the Health and Environment Committee of the House of Representatives, or any successor committee; (V) Two nonlegislative members appointed by the President of the Senate, as follows: (A) One member representing individuals who receive medical services as part of their eligibility for an old age pension; and (B) One member representing hospital providers who received moneys in the 2009-10 fiscal year from the primary care fund created in section 24-22-117 (2) (b), Colorado Revised Statutes; (VI) Two nonlegislative members appointed by the Speaker of the House of Representatives, as follows: (A) One member representing clinic providers who received moneys in the 2009-10 fiscal year from the primary care fund created in section 24-22-117 (2) (b), Colorado Revised Statutes; and (B) One member representing the coalition in support of the initiative that enacted section 21 of article X of the state constitution; (VII) The Governor, or his or her designee; and (VIII) Four members appointed by the Governor, as follows: (A) One member representing the Department of Health Care Policy and Financing; (B) One member representing the Department of Human Services; and (C) Two members with experience relating to public health programs, state and national health care reform legislation, or health care financing; (b) That all appointments to the study committee shall be made by June 15, 2011; and (c) That the members of the study committee shall elect a chair of the study committee from among the members of the General Assembly appointed to the study committee; (3) (a) That the study committee may seek public input and shall consider the following issues: (I) What changes, if any, may be proposed to the revenues appropriated pursuant to section 21 (5) (a), (5) (b), and (5) (e) of article X of the state constitution, due to the recent economic recession and the passage of the "Health Care Affordability Act of 2009", section 25.5-4-402.3, Colorado Revised Statutes; (II) What changes, if any, may be proposed to section 21 (5) (b) of article X of the state constitution to ensure that revenues collected pursuant to said section would be eligible for a federal match either through provisions of Title XIX or XXI of the Social Security Act or other federal law or regulations; (III) What changes, if any, may be proposed that would allow the General Assembly to appropriate moneys placed in the stabilization fund pursuant section 7 (b) of article XXIV of the state constitution; and (IV) What changes, if any, may be proposed to the provisions of section 7 (c) of article XXIV of the state constitution due to the passage of the "Health Care Affordability Act of 2009", section 25.5-4-402.3, Colorado Revised Statutes, and pursuant to federal law or regulations; and (b) That the study committee shall be limited to the consideration of the issues specified in this Joint Resolution and any issues that the study committee determines are necessarily related to those issues; (4) That the study committee shall meet no more than three times during the 2011 interim; (5) (a) That the legislative members of the study committee shall serve without compensation and without reimbursement of expenses; and (b) That the nonlegislative members of the study committee shall serve without compensation and without reimbursement of expenses; (6) That the Legislative Council staff, the Office of Legislative Legal Services staff, and the Joint Budget Committee staff shall be available to assist the study committee in carrying out its duties and shall do so within existing appropriations; (7) That all expenditures incurred by the study committee be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly; and (8) That, on or before November 30, 2011, the study committee shall submit written recommendations to the Joint Budget Committee, the Health and Human Services Committee of the Senate and the Health and Environment Committee of the House of Representatives, or any successor committees, and the Governor concerning the issues considered by the study committee pursuant to this Joint Resolution and that the recommendations may include a proposed draft of a concurrent resolution for introduction during the Second Regular Session of the Sixty-eighth General Assembly.