Date: 02/16/2009

Final
BILL SUMMARY for HB09-1211

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Moved to adopt prepared amendment L.001 (Attachmen
Moved to adopt prepared amendment L.002 (Attachmen
Moved to postpone House Bill 09-1211 indefinitely.
Moved to refer House Bill 09-1211 to the Committee
PASS
Pass Without Objection
PASS
TIE



02:48 PM -- House Bill 09-1211

Representative B. Gardner presented House Bill 09-1211 which allows Community Centered Boards (CCBs) that serve persons with developmental disabilities to be exempted from certain state laws governing their operations with approval from the state Board of Human Services. Committee members expressed concern that the bill gives oversight solely to the Executive Director within the Division of Developmental Disabilities and removes any authority that the General Assembly may have over the Division for Developmental Disabilities (DDD).

03:01 PM --
John Meeker, CCB Partners, testified in support of the bill. Mr. Meeker provided an example of the type of exemption that the bill allows.

03:07 PM --
Sharon Jacksi, representing Colorado Department of Human Services, Division for Developmental Disabilities, testified on the bill. She spoke to a task force which has been meeting and is very close to issuing several recommendations for the division. She stated that the recommendations will not be ready prior to this legislative session's closure. She stated that the department has concerns about the bill. She stated that the department looks forward to further discussions with the bill sponsor.

03:11 PM --
Randy Chapman, Legal Services Director, The Legal Center for People with Developmental Disabilities, spoke in opposition to the bill.

03:14 PM --
Aileen McGinley, Arc of Denver, spoke in opposition to the bill. Ms. McGinley concurred with Mr. Chapman's testimony. She pointed out that board membership make-up changes over time and that the General Assembly is a more appropriate oversight body.

03:16 PM --
Sheryle Hutter, Colorado Cross Disability Coalition, Parent of Disabled Children, and the Developmental Disability Council, testified in opposition to the bill. She stated that the organizations she represents have serious concerns with the bill.

03:18 PM --
Carrie Bartlett, Human Rights Committee and mental health provider for the developmentally disabled, testified in opposition to the bill. She presented an example that could be removed from the statute if the bill were to pass that could be very detrimental to the people receiving services.

03:23 PM --
Teddi Roberts, The Arc of Colorado Springs, testified in opposition to the bill. She expressed her concern regarding the consequences of the bill. She stated that she concurred vehemently with Ms. Bartlett's testimony.

03:25 PM --
Linda Skaflin, The Arc of Adams County and the Arc Plan, spoke in opposition to the bill. She stated that there was nothing that could be exempted at this time that would be a benefit to the community.

03:30 PM --
Stephanie Garcia, The Arc of Pueblo, spoke in opposition to the bill. She stated that one way to be more efficient would be to reduce the salaries of the executive directors in various community centered boards.


03:34 PM

Representative B. Gardner spoke to the intent of the bill. Jane Ritter, Office of Legal Services, explained amendments L.001 and L.002 (Attachments A and B respectively). Representative B. Gardner explained that both of the amendments were brought forth by the department and aim at reducing any unintended negative effects on the rights of the developmentally disabled.

09HouseHHS0216AttachA.pdf 09HouseHHS0216AttachB.pdf
BILL:HB09-1211
TIME: 03:52:32 PM
MOVED:Gerou
MOTION:Moved to adopt prepared amendment L.001 (Attachment A). The motion passed on a 8-2 roll call vote.
SECONDED:Kerr J.
VOTE
Acree
Yes
Gerou
Yes
Green
No
Kefalas
Excused
Kerr J.
Yes
McGihon
Yes
Nikkel
Yes
Primavera
Yes
Swalm
Yes
Gagliardi
No
Riesberg
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB09-1211
TIME: 03:54:03 PM
MOVED:Gerou
MOTION:Moved to adopt prepared amendment L.002 (Attachment B). The motion passed without objection
SECONDED:Swalm
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:54 PM

Representative B. Gardner suggested that the bill move forward to appropriations and have some more time for discussion. He stated that each group asks for change and improvement, but that most of the groups cannot come to an agreement. Several members commented on the bill and suggested that he should wait for the recommendations from the task force.
BILL:HB09-1211
TIME: 03:56:11 PM
MOVED:Gerou
MOTION:Moved to refer House Bill 09-1211 to the Committee on Appropriations. The motion failed on a 5-5 roll call vote.
SECONDED:Swalm
VOTE
Acree
No
Gerou
Yes
Green
No
Kefalas
Excused
Kerr J.
Yes
McGihon
No
Nikkel
Yes
Primavera
No
Swalm
Yes
Gagliardi
No
Riesberg
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
BILL:HB09-1211
TIME: 03:59:54 PM
MOVED:McGihon
MOTION:Moved to postpone House Bill 09-1211 indefinitely. The motion passed on a 6-4 roll call vote.
SECONDED:Primavera
VOTE
Acree
Yes
Gerou
No
Green
Yes
Kefalas
Excused
Kerr J.
No
McGihon
Yes
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:01 PM

The committee took a brief recess.
BILL:HB09-1211
TIME: 03:59:54 PM
MOVED:McGihon
MOTION:Moved to postpone House Bill 09-1211 indefinitely. The motion passed on a 6-4 roll call vote.
SECONDED:Primavera
VOTE
Acree
Yes
Gerou
No
Green
Yes
Kefalas
Excused
Kerr J.
No
McGihon
Yes
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS