Final
STAFF SUMMARY OF MEETING
COMMITTEE ON LEGISLATIVE COUNCIL
| Date: | 11/10/2009 | ATTENDANCE |
 | | | |
| Time: | 01:35 PM to 03:50 PM | Balmer | X |
| | Boyd | X |
| Place: | HCR 0112 | Gardner C. | X |
| | Gibbs | X |
| This Meeting was called to order by | Hodge | X |
| Senator Shaffer | Kerr A. | X |
| Kopp | X |
| This Report was prepared by | May | X |
| Katey McGettrick | Middleton | X |
| | Morse | E |
| | Penry | E |
| | Scanlan | X |
| | Scheffel | X |
| | Spence | E* |
| | Stephens | X |
| | Weissmann | X |
| | Carroll T. | X |
| | Shaffer | X |
| | X = Present, E = Excused, A = Absent, * = Present after roll call |
| |
| Bills Addressed: | | Action Taken: | |
| Approval of Interim Committee Legislation | - |
01:37 PM -- Approval of Interim Committee Legislation
President Shaffer, the chair, called the committee to order. He explained the order of the committee business. He asked Mike Mauer, Director, Legislative Council Staff, to explain the process for approving interim committee legislation. Mr. Mauer explained that the committee traditionally considers whether the bills fall under the committee's charge and that approved bills do not count against a member's five-bill limit. He also explained the voting process.
The members of the committee were provided a notebook that contained the summary report from each interim committee along with the proposed bills. Each interim committee summary report and its bills are attached to this summary following each presentation.
Representative Stephens asked for clarification on the process for prioritizing interim committee legislation because the committee is considering bills from committees that were not prioritized by the Legislative Council. President Shaffer addressed her concerns and noted that in the 2010 interim, there will be no interim committees. Representative May also shared his concerns with the process, noting his preference to have bills recommended by nonprioritized committees count against a member's five bill limit.
Speaker Carroll responded to Representative May's comments, explaining that he believes it would be unfair to change the process at this time, but that the process for prioritizing committees should be revisited.
01:46 PM -- Police Officers' and Firefighters' Pension Reform Commission
Representative Benefield, Police Officers' and Firefighters' Pension Reform Commission Chair, presented five bills from the interim committee:
- Bill A — Repeal of the Authority of the Board of Directors of the Fire and Police Pension Association to Affiliate with a Local Money Purchase Pension Plan. Bill A repeals the authority of the FPPA Board of Directors to enter into an agreement with an employer establishing a money purchase pension plan for purposes of having the board administer the plan and manage its investments. The bill also eliminates a cash fund and audit requirement related to the affiliated plan.
- Bill B — Extension of the Term of the Retired Member of the Board of Directors of the Fire and Police Pension Association. Bill B extends the term from four years to six years of the retired firefighter or police officer serving as a member of the FPPA Board of Directors.
- Bill C — Discretion of the Board of Directors of the Fire and Police Pension Association to Adopt Rules Regarding the Return to Work by a Member Participating in the Defined Benefit System of the Association who Elects Retirement. Bill C allows the FPPA Board of Directors, in its discretion, to suspend the distribution of benefits to retired members participating in the defined benefit system who, after electing a retirement, return to work with an employer who also participates in the defined benefit system. The board is also authorized to adopt rules that allow a member who has elected a retirement to continue to receive retirement benefits and earn additional benefits upon findings prescribed in law.
- Bill D — Member-approved increase in the Member Contribution Rate to the Statewide Defined Benefit Plan Administered by the Fire and Police Pension Association. Bill D permits the FPPA Board of Directors to increase the member contribution rate for the Statewide Defined Benefit Plan if the increase does not require an increase in the employer contribution rate or affect the plan's status under federal law, and if the increase is approved by 65 percent of active plan members and a majority of plan-affiliated employers. The bill also permits the board to eliminate the increase in the member contribution rate so long as the requirements for an increase are met. Finally, the bill makes conforming amendments to ensure that the increase in the member contribution rate does not change other requirements related to the plan.
- Bill E — Colorado Volunteer Firefighter Pension Act. Bill E makes several technical changes to Colorado law addressing volunteer firefighter plans. The bill:
• permits additional retired fire department members, including those who have returned to active service, to serve on the board of trustees of a volunteer firefighter pension fund;
• eliminates an investment restriction on trustees of volunteer firefighter pension funds;
• eliminates a requirement that the board of trustees of a volunteer firefighter pension fund deliver a copy of a report on the condition of the fund to the board of directors of its fire protection district; and
• eliminates the exclusion of the reimbursement for lost wages from the definition of "compensation," as the term is used in the definition of "volunteer firefighter."
Attachment A is the Police Officer's and Firefighters' Pension Reform Commission Summary Report.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 01:48:08 PM |
| MOVED: | Middleton |
| MOTION: | Moved to recommend Bills A - E from the Police Officers' and Firefighters' Pension Reform Commission. The motion passed on a 16-0-2 vote. |
| SECONDED: | |
| VOTE |
| Balmer | Yes |
| Boyd | Yes |
| Gardner C. | Yes |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | Yes |
| May | Yes |
| Middleton | Yes |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | Yes |
| Spence | Yes |
| Stephens | Yes |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 16 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS |
01:49 PM -- Economic Opportunity Poverty Reduction Task Force
Senator Sandoval, Economy Opportunity Poverty Reduction Task Force Vice-Chair, presented eight bills:
• Bill A — TABOR and the Earned Income Tax Credit. Bill A makes an Earned Income Tax Credit (EITC) a first priority Taxpayer Bill of Rights (TABOR) refund method. The bill increases the threshold necessary to trigger a temporary income tax rate reduction as a method to provide a TABOR refund so that the rate reduction does not occur unless there is also an earned income tax credit refund.
• Bill B — Clarifying Civil Liability for an Employer Hiring a Person with a Criminal Record. Bill B prohibits information regarding an employee's criminal history from being introduced as evidence against an employer in a civil action regarding negligent hiring practices if:
• the nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action;
• a court order sealed any record of a criminal case or a pardon was issued before the occurrence of the civil action; or
• the record of an arrest or charge did not result in a criminal conviction.
Bill B does not eliminate the requirement for criminal history background checks in hiring for certain employment.
• Bill C — Reduction in Barriers to Obtaining Identity-Related Documents. Bill C prohibits the state from charging a fee for a certified birth or death record if the applicant is a county department of social services or human services or the applicant has a letter of referral from such a county department. Bill C also prohibits the state from charging a fee for a Colorado identification card to an applicant referred by, or released within the prior six months from, the Department of Corrections, the Division of Youth Corrections, or a county jail. Bill C authorizes a court to grant a name change if a person has previously been convicted of a felony when specified conditions are found by the court. The bill directs the court to forward information on the name change to specified departments.
• Bill D — Independent Evaluation of the Statewide Strategic Use Fund. Bill D authorizes the Department of Human Services to use a portion of existing appropriations to conduct an independent evaluation of the Statewide Strategic Use Fund (SSUF). Pursuant to the bill, the executive director of the Department of Human Services, after consultation with the Strategic Allocation Committee, is authorized to contract with a qualified, independent entity to perform an evidence-based evaluation of the effectiveness of the SSUF in meeting the objectives of the Colorado Works Program, as well as the effectiveness of the individual initiatives and programs supported by the SSUF. Bill D allows the executive director to annually use up to 2 percent of the moneys allocated to the SSUF to contract for the evaluation. The bill requires the executive director to include a copy of the most recent evaluation in his or her annual report to the General Assembly on the SSUF.
• Bill E — Administration of the Supplemental Nutrition Assistance Program. Bill E requires the state Department of Human Services to adopt the maximum certification period allowable pursuant to federal law for the receipt of federal food assistance benefits under the Supplemental Nutrition Assistance Program (SNAP). Additionally, Bill E requires the department to develop and implement a state outreach plan with the use of private and federal moneys to promote access to federal food benefits by eligible persons. The bill requires the department to submit the outreach plan for federal approval by September 1, 2010. The bill exempts the department from developing and implementing the outreach plan if sufficient federal or private moneys are not received. Bill E changes the name of the federal food stamps program to SNAP to reflect the federal name change. The bill also directs the department to implement a program or policy, pursuant to federal law, establishing broad-based categorical eligibility for federal food assistance benefits. At a minimum, the program or policy must remove the asset test for eligibility and increase the gross income test to 200 percent of the federal poverty level pursuant to federal law.
• Bill F — Duties of the Economic Opportunity Poverty Reduction Task Force. Bill F specifies that the duties of the Economic Opportunity Poverty Reduction Task Force include developing a relevant, fluid model for assessing progress toward reducing poverty and increasing economic opportunity in Colorado. Once a model is developed, the task force will recommend that the General Assembly adopt the task force's model for purposes of evaluating the effectiveness of certain public programs and policies in achieving the goals of the task force.
• Bill G — Authorization for Public Entities to Enter Voluntary Agreements Affecting Rent on Private Residential Property. The rent control statute in current law prohibits counties and municipalities from enacting any ordinance or resolution that would control rent on private residential property. Bill G clarifies that the rent control statute applies only to private residential housing units. The bill also clarifies that nothing in the rent control statute prohibits or restricts the right of a property owner and public entity from voluntarily entering into and enforcing an agreement that controls rent on a private residential housing unit, whether the agreement is entered into before, on, or after the effective date of the bill. An agreement authorized pursuant to Bill G may specify how long a unit is subject to its terms, whether or not the subsequent property owners are subject to the agreement, and remedies for early termination agreed to by both parties. Finally, the bill specifies that the rent control statute does not preclude public entities from cooperatively entering into an agreement, nor does it preclude the assignment of rights and remedies to any party to the agreement.
• Bill H — Collaboration in the Provision of Multi-Agency Services. Currently, county departments of social services may enter into memorandums of understanding (MOUs) with certain agencies. The MOUs are designed to promote a collaborative system of local-level interagency oversight groups and individualized services and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. Currently, the following entities may be included in an MOU: local judicial districts; a county, district, or regional health department; a local school district or school districts; community mental health centers; behavioral health organizations; the division of youth corrections; a designated managed service organization for the provision of treatment services for alcohol and drug abuse; and a domestic abuse program. Bill H includes a listing of additional agencies or entities that may also be included in an MOU. The additional agencies or entities that may be included are: community colleges and postsecondary career and technical education colleges or programs; early childhood councils; boards of cooperative services; regional service councils; family resource centers; and workforce centers. Bill H clarifies that if any of these additional agencies or entities are included in the MOU, that agency or entity has the same rights and responsibilities as any other participant in the MOU.
Attachment B is the Economic Opportunity Poverty Reduction Task Force Summary Report.
01:54 PM
Representative May asked if the bills presented are the comprehensive poverty reduction plan, or if there will be other bills. Senator Sandoval explained that the task force will be in existence for five years and more legislation will be proposed in future years. Representative Stephens commented that she does not see a cohesive strategy in the legislation presented. Senator Sandoval responded to her remarks. Representative May continued to inquire about the comprehensive plan that must be developed by December 31, 2010.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 02:01:00 PM |
| MOVED: | Weissmann |
| MOTION: | Moved to approve Bill B forwarded by the Economic Opportunity Poverty Reduction Task Force as fitting under the committee's charge. The motion passed on a 14-2-2 vote. |
| SECONDED: | |
| VOTE |
| Balmer | Yes |
| Boyd | Yes |
| Gardner C. | Yes |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | Yes |
| May | No |
| Middleton | Yes |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | Yes |
| Spence | Yes |
| Stephens | No |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 14 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS |
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 02:02:25 PM |
| MOVED: | Boyd |
| MOTION: | Moved to approve Bill C forwarded by the Economic Opportunity Poverty Reduction Task Force as fitting under the committee's charge. The motion passed on a 14-2-2 vote. |
| SECONDED: | |
| VOTE |
| Balmer | No |
| Boyd | Yes |
| Gardner C. | No |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | No |
| Middleton | Yes |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | Yes |
| Spence | No |
| Stephens | No |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 10 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: PASS |
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 02:03:48 PM |
| MOVED: | Hodge |
| MOTION: | Moved to approve Bill G forwarded by the Economic Opportunity Poverty Reduction Task Force as fitting under the committee's charge. The motion passed on a 9-7-2 vote. |
| SECONDED: | |
| VOTE |
| Balmer | No |
| Boyd | Yes |
| Gardner C. | No |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | No |
| Middleton | Yes |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | No |
| Spence | No |
| Stephens | No |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS |
02:08 PM -- Transportation Legislation Review Committee
Representative McFadyen, Transportation Legislation Review Committee chair, presented five bills:
• Bill A — Modify Toll Evasion Notice Process. Bill A amends state law pertaining to toll collections and penalties. Under current law, toll penalties must be paid within 20 days, communicated by an initial penalty assessment notice. Nonpayment results in a second penalty notice sent by certified mail. The bill makes two specific changes:
• eliminating the requirement that a second notice be sent to persons non-responsive to an initial penalty notice; and
• increasing the time allowed to pay or respond to an initial penalty assessment notice from 20 days to 30 days.
• Bill B — Reduce Waste Tire Stockpile Risks. Bill B amends state law to increase authority over waste tire recycling programs, facilities, and haulers. Specifically, Bill B consolidates authority with the Department of Public Health and Environment (CDPHE) and adds new requirements for waste tire haulers and facilities.
Specific to the waste tire fees, grants, and administration, the bill:
• ends the transfer of waste tire fees to the Innovative Higher Education Research Authority Program beginning in 2014;
• ends the transfer of waste tire fees to the Recycling Resources Economic Opportunity Grant Program beginning in 2011;
• repeals Department of Local Affairs (DOLA) administration of the Waste Tire Cleanup Fund;
• repeals the Advanced Technology Fund;
• redistributes revenues generated by the $1.50 waste tire fee among the following funds: Processors and End Users Fund; Innovative Higher Education Research Fund; Waste Tire Cleanup Fund; Waste Tire Fire Prevention Fund; Recycling Resources Economic Opportunity Fund; Waste Tire Market Development Fund; and Law Enforcement Grant Fund;
• updates state law regarding the Processors and End Users Fund;
• recreates the Waste Tire Cleanup Fund;
• creates the Waste Tire Fire Prevention Fund;
• creates the Waste Tire Market Development Fund;
• creates a Waste Tire Fund to support CDPHE program administration costs;
• increases the maximum reimbursements to processors and end users from $50 to $65 per ton of waste tires;
• conforms "waste tire" definitions in the solid waste and the waste tire fee statutes;
• creates a Waste Tire Advisory Committee and directs the Department of Regulatory Agencies (DORA) to conduct a sunset review of the committee prior to its repeal on July 1, 2020; and
• specifies that sales tax is not assessed when the waste tire fee is collected upon new tire sales.
Specific to waste tire haulers, the bill:
• requires haulers to display decals and complete and retain manifests; and
• prohibits a hauler from transporting a quantity of waste tires in excess of a limit established by the Solid and Hazardous Waste Commission unless the hauler is registered.
Specific to waste tire facilities, the bill:
• requires registration of waste tire facilities;
• requires waste tire monofills to submit to CDPHE a waste tire inventory reduction plan and places processing requirements for certain facilities relative to the number of tires accepted by that facility each year;
• imposes financial responsibility requirements for closure and reclamation; and
• establishes fees and provides the Solid and Hazardous Waste Commission general rule-making authority regarding waste tires.
• Bill C — Reserved Parking Disabled Enforcement. Bill C amends laws governing the enforcement of reserved parking for the disabled. Specifically, the bill:
• authorizes peace officers to confiscate placards that are being misused. Law enforcement agencies may release the disabled parking placard to a person with a disability to whom it was issued if the person signs a statement under the penalty of perjury that he or she was unaware of the misuse of the placard by the violator;
• prohibits the creation or use of a device that is intended to give the impression that it is an identifying placard when viewed from outside of the vehicle;
• prohibits retaliation against an employee for notifying authorities of a violation relating to a possible reserved disabled parking violation;
• authorizes a peace officer or property owner to remove a vehicle that is violating reserved parking provisions, and requires persons found guilty of violations of the statute to reimburse law enforcement agencies or property owners for the cost of removing the vehicle;
• prohibits moving a vehicle to another reserved disabled parking space within 100 yards of the original parking space to avoid time limits on the reserved parking spaces;
• specifies that parking in a time-limited reserved parking space for more than three hours for at least three days a week for at least two weeks is a rebuttable presumption of a violation;
• prohibits using reserved disabled parking for commercial purposes unrelated to transacting business with the business the space is intended to serve; and
• prohibits persons and political subdivisions of the state who own, operate, or manage parking spaces from taking adverse action (for example, ticketing, towing or booting) against a person with a disability who parks in a space without paying required remuneration unless the method of payment is reasonably accessible to persons with disabilities.
• Bill D — Drivers' License and Permit Education. Bill D lowers from 18 years to 16 and one half years the age at which a minor is required to complete behind-the-wheel training in order to obtain a driver's license. Under existing law, minors, age 15 to 16, who apply for a permit yet do not finish training program requirements are held to those requirements until age 18, despite that they could have successfully applied for a driver's license even without behind-the-wheel training at age 16 and a half. This statutory provision prevents such drivers from obtaining a driver's license even though they are beyond the age at which they would otherwise have been exempt from the requirements. Bill D corrects this loophole.
• Bill E — Highway Work Zone Accident Reporting. Bill E requires the Colorado Department of Transportation (CDOT) to report annually (on or before February 15) to the House Transportation and Energy Committee and to the Senate Transportation Committee regarding accidents in state highway work areas that result in the death. The report to the committees must include:
• the number of accidents resulting in death and the number of individuals killed;
• identification of the individuals killed as CDOT employees, employees of CDOT contractors or subcontractors, or other individuals;
• a copy of the law enforcement report regarding the accident; and
• a description of ongoing and newly implemented measures taken by CDOT to prevent accidents in state highway work areas that result in death.
Attachment C is the Transportation Legislation Review Committee Summary Report.
02:12 PM
Senator Kopp explained why he wanted to vote on Bill C separately, and shared the discussion the TLRC had around the bill. Representative McFadyen responded to Senator Kopp's comments.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 02:13:36 PM |
| MOVED: | Carroll T. |
| MOTION: | Moved to approve Bill C forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed on a 9-7-2 vote. |
| SECONDED: | |
| VOTE |
| Balmer | No |
| Boyd | Yes |
| Gardner C. | No |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | No |
| Middleton | Yes |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | No |
| Spence | No |
| Stephens | No |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS |
02:15 PM -- Health Care Task Force
Senator Boyd, Health Care Task Force Chair, reviewed eight bills:
• Bill A — A Prohibition Against Consideration of Gender in Setting Rates for Individual Health Insurance Policies. Currently, health insurers may vary the premium charged to an individual who purchases coverage in the individual insurance market based on his or her gender. The bill prohibits insurance carriers from using gender as a basis for varying premium rates for individual health insurance policies and declares premium rates based on gender to be unfairly discriminatory.
• Bill B — Home Health Care through Telemedicine. The bill makes telemedicine eligible for reimbursement under the state's Medicaid program in order to comply with direction from the federal Centers for Medicare and Medicaid Services. The bill makes additional changes related to reimbursement payments for telemedicine services.
• Bill C — Medicaid Services that are Related to Substance Abuse. This bill adds screening, brief intervention, and referral to treatment for alcohol and other substance abuse services to the list of optional services provided under Medicaid. Screening, brief intervention, and referral services under Medicaid will not take effect until all necessary approvals under federal law and regulation have been obtained to receive federal financial participation for the costs of the services.
• Bill D — Standardization of Health Insurance Information Provided to Consumers. The Commissioner of Insurance is required by the bill to adopt rules establishing standard formats for policy forms and explanation of benefit forms provided by health insurance carriers to consumers. The commissioner is required to seek input from the health insurance industry, consumers, and other stakeholders prior to adopting the rules. Carriers must comply with the standard format requirements starting July 1, 2011.
• Bill E — Required Maternity Coverage for Individual Health Insurance Policies. Under the bill, health insurance carriers issuing individual sickness and accident insurance polices in Colorado are required to provide the same coverage for maternity care as is currently mandated for all group sickness and accident insurance policies. The bill also requires individual and group policies to provide coverage for pregnancy management, including contraceptive counseling, drugs, and devices. Abortion procedures and services are not required to be covered.
• Bill F — Measures to Ensure the Financial Viability of the CoverColorado Program. The bill authorizes the board of directors of the CoverColorado program to establish a schedule of fees for compensating health care providers that serve CoverColorado participants. Health care providers are prohibited from billing participants for costs in excess of the applicable fee on the fee schedule for services covered by the program. Additionally, the bill authorizes the board to maintain enrollment in the CoverColorado program consistent with the program's financial resources.
• Bill G — Administration of Dental Services Provided Under Medicaid. Pursuant to Bill G, the Department of Health Care Policy and Financing is required to enter into a contract with a single entity for the administration of dental services under Medicaid. Currently, the department administers a contract with a single entity for dental services provided to children through the Children's Basic Health Plan. The contract authorized by Bill G would be distinct from that contract.
The department is not required to enter into a contract for the administration of Medicaid dental services if no suitable proposals are received by the department or if the department determines that contracting for the administration of Medicaid dental services is not cost-effective or efficient for the state, or does not result in the improvement of services provided to clients.
• Bill H — Behavioral Health Crisis Response Services. The bill requires the Department of Human Services to enter into a contract with a nonprofit entity to provide initial triage services through a coordinated and integrated crisis response system for persons experiencing mental health or substance abuse crisis. The department may contract for services including, but not limited to:
• a telephone hotline operating 24 hours per day and 7 days per week;
• an integrated information technology system to coordinate crisis response and services; and
• community-based crisis centers that provide short-term mental health services to persons in crisis.
The bill specifies requirements for the department in setting contract goals, establishing time frames for the contract, monitoring the contract, and evaluating contractor performance. The bill also requires the department to report annually to the Health and Human Services Committees of the General Assembly concerning the services provided through the contract.
The department is not required to contract for the system if the system is not cost-effective for the state, if the system services are not appropriate to address the needs of persons in crisis, or if the system services may be provided in a different manner.
Attachment D is the Health Care Task Force Summary Report.
02:19 PM -- School Finance Interim Committee
Representative Middleton, School Finance Interim Committee Chair, presented eight bills:
• Bill A — Continuation of Funding for Supplemental On-line Education. This bill eliminates the current repeal date for the state's program for funding supplemental on-line education. Under current law, the state contracts with an outside vendor to provide on-line educational courses that are supplemental to the education program provided by a school district, charter school, or BOCES. Additionally, the state provides a grant assistance program to help eligible districts, schools, and BOCES purchase these supplemental programs. Funding for the vendor contract and grants (totaling $530,000 in FY 2009-10) is from federal mineral leasing revenue. Both the contract for an outside vendor and the grant program to aid in the purchase of programs are scheduled for repeal on July 1, 2010.
• Bill B — School Awards Program Fund. This bill authorizes the department to accept gifts, grants, and donations to pay for items of recognition, such as banners and trophies. These items are to be awarded to public schools identified as eligible to receive the John Irwin Schools of Excellence Award, the Governor's Distinguished Improvement Award, or the Centers of Excellence Award.
• Bill C — Weighted Student Funding Formula Grants. This bill creates a grant program in the department to provide financial assistance to school districts that choose to design weighted student funding formulas, and to provide professional development for implementing the formulas. Generally, weighted student formulas allow funding to be attached to specific students instead of specific programs. With weighted student funding, money is intended to "follow the student." Such funding is adjusted according to the individual student's needs and is given directly to the school providing the educational services. The bill sets minimum requirements for the grant applications and limits the total amount of any single grant to $100,000. Money for the grant program is from either federal funds or gifts, grants, and donations.
• Bill D — School Speech-Language Pathology Assistants. This bill expands the positions for which the department is able to issue a one-year, emergency authorization for employment to include speech-language pathology assistants. Such authorization may be issued if: 1) a school district requests the emergency authorization; 2) the district submits evidence to document the need for the specific educational services required that would otherwise be unavailable; and 3) the State Board of Education determines that employment of the applicant is essential to the preservation of the district's instructional program.
• Bill E — On-line Access to Public School Financial Information. This bill requires school districts, BOCES, the Charter School Institute, district charter schools, and institute charter schools to post specific financial information on-line in a format that can be downloaded by the public. The bill establishes timelines for financial data to be posted, including annual budgets, financial statements, salary schedules, investment performance reports, and check, debit, and credit transactions. The department must recommend a uniform format for all information posted on-line.
• Bill F — Modifications to School Finance Administration. This bill contains several provisions related to the financing of public schools. In addition to repealing several sections of current law, the bill requires that school districts redistribute capital construction money to charter schools on a monthly basis instead of in a lump-sum payment. Further, this bill eliminates:
• the authority of school districts to enter into business incentive agreements (BIA) that exempt a taxpayer from paying property taxes to the school district;
• the provision allowing a school district to receive the state share of total program funding equal to the amount lost from local property taxes as a result of the BIA;
• the requirement that a district notify the department when it plans to seek voter approval to retain and spend additional property tax revenue;
• the requirement that the department reduce a school district's state share of total program funding equal to the amount the district receives as impact assistance in lieu of taxes from the Division of Wildlife; and
• the prohibition against using matching fund money provided for the National School Lunch Act in lieu of local funds that were already used for school lunches.
• Bill G — Stable Funding for Small School Districts. This bill creates a pilot program that tests a stable funding mechanism for small school districts. For a district that chooses to participate, from budget year 2010-11 through 2015-16, it will receive total program funding equal to the total program funding for the 2009-10 budget year. This amount is modified if there is a statewide increase in per pupil funding that is not related to the funded pupil count of a district, or if there is an increase or decrease in pupil enrollment that exceeds a defined threshold. Districts that choose to participate must enter into memoranda of understanding with other school districts to share costs. The State Board of Education is required to conduct a final review and evaluation of the pilot program, which includes recommendations to the General Assembly concerning continuation of the program.
• Bill H — Study of Average Daily Membership for Pupil Count. This bill requires the department to study the development and implementation of a system to count pupils based on the average number of days they are enrolled during the school year, rather than at a single count date. The department is required to prepare this study only if the state receives sufficient federal funds or gifts, grants, and donations to cover the costs of the study.
Attachment E is the School Finance Interim Committee Summary Report.
02:23 PM
The committee took a recess until 3:00 p.m. to give members the opportunity to hear Governor Ritter's budget presentation to the Joint Budget Committee.
03:14 PM
The committee came back to order.
03:15 PM -- Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness Who are Involved in the Justice System
Representative Labuda, Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness Who are Involved in the Justice System Chair, presented one bill:
- Bill A — Family System Navigators. This bill makes a change to an existing demonstration program for system of care family advocates. In the program, services may be provided by family advocates. The bill amends the definition of a family advocate and defines another class of individuals, family system navigators, who may provide the same services as family advocates.
Attachment F is the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness Who are Involved in the Justice System Summary Report.
03:16 PM -- Water Resources Review Committee
Senator Hodge, Water Resources Review Committee Chair, presented three bills:
• Bill A — Funding for the Division of Water Resources. Draft Bill A authorizes the expenditure of up to 5 percent of the moneys in Tier 1 of the Operational Account of the Severance Tax Trust Fund for the Division of Water Resources, and allows this increase to supplant moneys that would otherwise be made available to the division from the General Fund. It also eliminates the Tier 1 authorization for the Division of Wildlife to account for the increase.
• Bill B — Continue the Water Efficiency Grant Program. Draft Bill B extends the Water Efficiency Grant Program and authorizes up to $550,000 of annual appropriations from the Water Efficiency Grant Program Cash Fund. The grant program was scheduled to repeal after FY 2010-11, however Bill B extends this until FY 2019-20. The bill also annually transfers $550,000 from Tier 2 of the Operational Account of the Severance Tax Trust Fund to the Water Efficiency Grant Program Cash Fund beginning on July 1, 2012.
• Bill C — Valuation of New Hydroelectric Facilities. Draft Bill C requires that new hydroelectric energy facilities be valued for the purpose of property taxation in the same manner as new wind and solar energy facilities are valued. Wind and solar facilities are valued using the income approach, which considers the landlord's income, operating expenses, and the financial return expected from a given type of property investment, rather than the cost approach, which estimates the value of the property based on material and labor costs to replace the facility.
Attachment G is the Water Resources Review Committee Summary Report.
03:17 PM -- Interim Committee to Study Hospice and Palliative Care
Representative Riesberg, Interim Committee to Study Hospice and Palliative Care Chair, presented five bills:
• Bill A — Declaring Patients Terminally Ill. Bill A eliminates the ability of advanced practice nurses (APNs) to declare a patient terminally ill for the purposes of triggering end-of-life decisions and leaves such ability to the sole discretion of a physician. During the 2008 legislative session, House Bill 08-1061 authorized APNs to sign certain documents, like disabled parking permits. The bill also authorized APNs to certify a terminal illness of a patient. According to testimony provided in committee, APNs consider determining or certifying the terminal illness of a patient outside of the scope of their practice. Therefore Bill A reverts statutory language back to its original language prior to the passage of House Bill 08-1061 with regard to APNs' ability to certify a terminal illness.
• Bill B — On-line Registry Medical Directives Form. Bill B requires the Department of Public Health and Environment to create and maintain an on-line registry of medical orders for scope of treatment (MOST) forms. Bill B allows individuals to electronically submit completed MOST forms to the registry and stipulates that physicians may access the forms with his or her national provider identifier number. Further, Bill B requires the department to implement appropriate data security measures to ensure confidentiality of the contents.
• Bill C — Medicaid Hospice Life Expectancy. Currently, Colorado law requires a certified medical prognosis of life expectancy of six months or less for a patient to be eligible for hospice care under Medicaid. Bill C increases the life expectancy prognosis to nine months if the Department of Health Care Policy and Financing receives federal authorization to extend the time period.
• Bill D — Colorado Medical Treatment Act Update. Bill D repeals and reenacts the Colorado Medical Treatment Decision Act, which outlines patient rights regarding medical treatment decisions. The act defines certain terms such as "artificial nourishment and hydration", "lacking decisional capacity," and "persistent vegetative state." Bill D affirms a patient's right to accept or reject medical or surgical treatment, and clarifies procedures by which an adult with decisional capacity may make decisions regarding one's health in advance of medical need.
• Bill E — Medicaid Hospice Room and Board Changes. Bill E requires the Department of Health Care Policy and Financing to pay a nursing facility directly for inpatient services provided to a Medicaid recipient who is receiving hospice care, rather than paying the hospice care provider who then pays the nursing facility. Bill E stipulates that the change in reimbursement must be approved by the federal Centers for Medicare and Medicaid Services.
Attachment H is the Interim Committee to Study Hospice and Palliative Care Summary Report.
03:20 PM -- Interim Committee to Study Issues Related to Pinnacol Assurance
Senator M. Carroll, Pinnacol Assurance Interim Committee Chair, presented seven bills:
• Bill A — Accountability for Workers' Compensation Insurers. Bill A requires all workers' compensation insurers to conduct a satisfaction survey of injured workers at the close of each claim. Only injured workers whose claims are reported to the Division of Workers' Compensation are required to be surveyed. The bill includes protections against retaliation for responding to the survey. Insurers will submit survey results to the Division of Workers' Compensation to be posted on the agency's website. The division will also post the procedure for an injured worker to follow to file a complaint. Bill A reenacts a section of statute that was repealed in 1997 requiring Pinnacol Assurance to submit an annual report to the Governor and the General Assembly on specified statistics including claims, policies, losses, income, and expenses.
• Bill B — Workers' Compensation Policyholder Protection Act of 2010. Bill B establishes a limit of 800 percent on Pinnacol Assurance's risk-based capital percentage. If the limit is exceeded, Pinnacol Assurance must distribute any excess surplus funds to its policyholders. Bill B also directs the Commissioner of Insurance to select the lowest rate recommended when setting the pure premium rates for workers' compensation insurance. The commissioner is to post rate recommendations and supporting materials on the Division of Insurance website prior to a public rate hearing.
• Bill C — Limitations on the Use of Surveillance of Employees Who Have Submitted a Workers' Compensation Claim. Bill C requires that surveillance can only be conducted when the insurer or employer has a reasonable basis to suspect an employee has committed fraud or made a material misstatement concerning a claim. The bill allows for an injured worker who discovers he or she is under surveillance to request an expedited hearing before a prehearing administrative law judge who may issue an injunction against the surveillance. The insurer or employer is required to provide all materials collected during surveillance to the injured worker, and to destroy all materials collected after the applicable statute of limitations has expired. A person conducting surveillance must answer truthfully if asked on whose behalf the person is acting by the person under surveillance. Bill C allows the identity of a witness or whistleblower who provides evidence in good faith to be withheld or limited to an in camera review. Violations of Bill C are subject to a fine of $1,000 per day of unauthorized surveillance.
• Bill D — Change to Pinnacol Board of Directors. Bill D increases the size of the board of directors of Pinnacol Assurance from 9 to 11. The bill adds the Executive Director of the Department of Labor and Employment (or a designee) and a previously injured worker to the board. It also requires that at least two of the three employee members be non-management level employees. The bill increases the per diem for board members from $140 to $250. Bill D requires that the date, time, and location of each board meeting be posted on the Pinnacol Assurance website at least seven calendar days prior to the meeting and that each board meeting include time for public comment.
• Bill E — Workers' Compensation Penalties. Bill E increases the maximum penalty for violating workers' compensation laws from $500 to $1,000 per day of violation. Bill E changes the mental state from "willfully" to "knowingly" in the statute that penalizes the wrongful withholding of benefits. Penalties are to be apportioned at the discretion of the Director of the Division of Workers' Compensation or an administrative law judge among the aggrieved party, the medical services provider, and the Workers' Compensation Cash Fund.
• Bill F — Reducing Conflicts of Interest in Workers' Compensation Cases. Bill F includes a number of changes to workers' compensation law. The bill requires physicians who provide independent medical examinations to disclose any business, financial, employment, or advisory relationships with an insurer or self-insured employer upon request. Bill F prohibits the payment or receipt of remuneration to encourage the delay or denial of a workers' compensation claim. The bill prohibits third-party communications between a treating physician and the employer or insurer of an injured worker. The communication may only occur if the injured worker is present, or it must be conducted in writing and provided to the injured worker. Finally, Bill F prohibits the inclusion of reversionary interests in indemnity benefits in a workers' compensation insurance contract. Such a provision, including in an existing contract, is void and unenforceable as against public policy.
• Bill G — Workers' Compensation Claims Process Brochure. Bill G requires a self-insured employer or an employer's insurer to provide a claimant with a brochure describing the claims process and explaining the rights under workers' compensation laws and rules. The bill lists the minimum information to be contained in the brochure which includes: contact information, the claimant's right to medical care and indemnity benefits, and the claimant's right to address disputes with the claimant's employer or employer's insurer. The form of the brochure must be approved by the Director of the Division of Workers' Compensation. The brochure is in addition to any other notice currently required.
Attachment I is the Pinnacol Assurance Interim Committee Summary Report.
03:24 PM
Representative May asked that Bill D be voted on separately because he thinks that it is the only bill that falls under the charge of the committee.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 03:25:54 PM |
| MOVED: | Gardner C. |
| MOTION: | Moved to approve Bill D forwarded by the Pinnacol Assurance Interim Committee as fitting under the committee's charge. The motion passed on a 13-2-3 vote. |
| SECONDED: | |
| VOTE |
| Balmer | Yes |
| Boyd | Yes |
| Gardner C. | Yes |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | Yes |
| Middleton | Excused |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | Yes |
| Spence | No |
| Stephens | Yes |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 13 NO: 2 EXC: 3 ABS: 0 FINAL ACTION: PASS |
03:27 PM
Representative Stephens reviewed the charge of the committee, noting that workers' compensation was not included in the charge. Senator M. Carroll responded to Representative Stephens' comments, explaining why she believes the legislation fits under the charge. She also reviewed provisions in the authorizing legislation, Senate Bill 09-281, regarding the committee's charge.
Representative Stephens continued her remarks on the charge, referencing previous debate at the April 2009 Legislative Council meeting to prioritize interim committees. She contended that the charge is limited to Pinnacol Assurance, not workers' compensation.
03:32 PM
Senator Kopp discussed the process by which Senate Bill 09-281 came through the leigslature during the 2009 legislative session. Representative C. Gardner stated the workers' compensation language was removed during the conference committee on the bill.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 03:33:12 PM |
| MOVED: | Weissmann |
| MOTION: | Moved to approve Bills A, B,C, E, F, and G forwarded by the Pinnacol Assurance Interim Committee as fitting under the committee's charge. The motion passed on a 8-7-3 vote. |
| SECONDED: | |
| VOTE |
| Balmer | No |
| Boyd | Yes |
| Gardner C. | No |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | No |
| Middleton | Excused |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | No |
| Spence | No |
| Stephens | No |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 8 NO: 7 EXC: 3 ABS: 0 FINAL ACTION: PASS |
03:34 PM
Representative Stephens asked for an analysis from Legislative Council Staff on how the bills fit under the charge. President Shaffer stated that she could request that of Legislative Council Staff, but noted that research of that nature may be outside of their responsibilities, and that he believed Senator M. Carroll's explanation was sufficient.
03:35 PM -- Fiscal Stability Commission
Representative Ferrandino, Fiscal Stability Commission Vice-Chair, reviewed three bills and two resolutions:
Bill A — Higher Education Flexibility. This bill makes several changes to state law concerning state institutions of higher education.
Articulation agreements. On or before January 1, 2011, this bill requires that the Council for a Common Course Number System (council), in cooperation with the state institutions of higher education, develop statewide articulation agreements for five common degree programs. Such agreements guarantee that a student who receives an associate's degree from a two-year school in a degree program with an articulation agreement may enroll with junior status at a four-year school. The council and the schools must develop additional agreements following the 2011 deadline.
Foreign students. Under current law, 55 percent of incoming freshman and 66 percent of all students must be resident students. If a school continues to admit all resident first-time freshman applicants who meet admissions criteria, the school is permitted to exclude foreign students from the calculation of non-resident students.
Financial aid. Current law requires that the Colorado Commission of Higher Education (CCHE) annually determine the amount of financial aid for each institution, but the bill permits the schools to administer the programs and distribute the aid according to their own policies and procedures.
State fiscal rules. The bill permits state institutions to adopt their own fiscal procedures and to be exempt from the fiscal rules of the state controller.
IT rules. The bill permits state institutions to adopt their own information technology rules and procedures and to be exempt from technology rules of the state chief information security officer.
Financial reporting. When schools are required to provide financial data to a state entity, the school must provide audited financial statements.
Capital construction. Under current law, state institutions must have capital construction projects reviewed and authorized by the General Assembly. This bill allows the schools to construct buildings without approval, although the schools must notify both the CCHE and the Capital Development Committee of each of their capital construction projects.
Bill B — Create Budget Stabilization Reserve Fund. This bill replaces the General Fund Reserve with a State Budget Stabilization Reserve Fund (rainy day fund) in the State Treasury. Under current law, the General Fund reserve will gradually increase by 0.5 percent a year over a five-year period beginning in FY 2012-13 from 4.0 percent of General Fund appropriations to 6.5 percent, assuming a trigger based on Colorado personal income growth is met. Under Bill B, these increases would occur in the newly-created State Budget Stabilization Reserve Fund. Once the fund reaches 6.5 percent, the bill requires that the fund increase 1.0 percent each year until the fund is equal to 15 percent of General Fund appropriations. All interest and income generated by the fund is required to remain in the fund.
Should a budget shortfall occur, current law requires the Governor to formulate a plan to balance the budget after the fund has been drawn down to half of its value. Bill B requires the Governor to take action after the fund has been drawn down by a third of its value during any year in which the fund originally totaled more than 4.0 percent of General Fund appropriations.
Bill C — Expand Public Private Initiatives. This bill permits state agencies to consider proposals for "public-private initiatives," or agreements between a state agency and a private, nonprofit organization. Such agreements may include:
- the acceptance of a nonprofit contribution in exchange for an agency grant of a right or interest in an agency project;
- sharing resources and the means of providing projects or services; or
- cooperation in researching, developing, and implementing projects or services.
The bill specifies the requirements for considering, evaluating, and accepting an unsolicited proposal for a public-private initiative received by a state agency from a private, nonprofit agency. If a state agency is able to achieve cost-savings in a fiscal year through the initiative, that agency is eligible to retain a portion of the savings resulting from the agreement.
Concurrent Resolution D — Fiscal Policy Constitutional Commission. This concurrent resolution refers a question to voters to create a 19-member Fiscal Policy Constitutional Commission for the purpose of reviewing the fiscal policy in the state constitution and, if it believes it appropriate, submitting one or more measures to the voters to amend the state constitution at the 2012 general election. A measure to amend the state constitution may be submitted only if the measure relates to fiscal policy, the commission conducts public meetings in each congressional district in the state, and the measure is approved by a majority of the commission members. Measures may include more than one subject and all measures must be published in the 2012 ballot information booklet ("blue book") and session laws.
Commission members will be appointed by representatives from the legislative, executive, and judicial branches of state government for a term just over one year long. Members of the General Assembly and statewide officeholders are not eligible to serve on the commission. However, the General Assembly must hold public hearings on any measure developed by the commission and make a recommendation to voters on whether to approve or reject the measure. The General Assembly will not be able to alter the measure.
Joint Resolution E — Request for Comprehensive Tax Study. This joint resolution requests that a comprehensive tax study on the state's tax and fiscal policies be conducted by the University of Denver and be funded by the private sector. The study is required to consider several aspects of the state's tax structure and policies, such as the distribution of the tax burden among taxpayers and the state and local governments, how the tax system affects the economy, recommendations for tax policy to ensure adequate financing for public services, and revenue and spending limits. The study is not limited to consideration of only the issues outlined in the resolution. The resolution requests that the study be provided to the General Assembly in January 2011.
Attachment J is the Fiscal Stability Commission Summary Report.
| |
| BILL: | Approval of Interim Committee Legislation | |
| TIME: | 03:41:36 PM |
| MOVED: | Boyd |
| MOTION: | Moved to approve Concurrent Resolution D forwarded by the Fiscal Stability Commission as fitting under the commission's charge. The motion passed on a 8-5-5 vote. |
| SECONDED: | |
| VOTE |
| Balmer | No |
| Boyd | Yes |
| Gardner C. | Excused |
| Gibbs | Yes |
| Hodge | Yes |
| Kerr A. | Yes |
| Kopp | No |
| May | No |
| Middleton | Excused |
| Morse | Excused |
| Penry | Excused |
| Scanlan | Yes |
| Scheffel | No |
| Spence | No |
| Stephens | Excused |
| Weissmann | Yes |
| Carroll T. | Yes |
| Shaffer | Yes |
Final YES: 8 NO: 5 EXC: 5 ABS: 0 FINAL ACTION: PASS |
03:42 PM -- Interim Committee on the Developmental Disability Waiting List
Representatives Primavera and Acree, Interim Committee on the Developmental Disability Waiting List Co-Chairs, presented four bills:
Bill A - Concerning the Denial of Benefits by Health Coverage Plans: This proposed measure aims to increase third-party recoveries for the purpose of creating an Ombudsman office for families seeking or enrolled in any Children’s home and community based services (HCBS) waiver, and to provide funding for services to families in need. Senator Steadman and Representative Looper are sponsoring this measure.
Bill B - Concerning the Creation of the Relief Fund for Children with a Catastrophic Medical Condition: This measure would provide one-time funding for families in need, such as respite, diapers, formula, and other safety net services not available through existing funding. Representative Todd is the House Sponsor and Senator Steadman is the Senate Sponsor.
Bill C - Concerning Applications for HCBS Waivers for Children: The measure authorizes the Colorado Department of Health Care Policy and Financing (HCPF) to create a universal application and single point of entry for HCBS waivers for children.
Bill D - Concerning Agreement for the Purchase of Medical Goods: This measure directs HCPF to negotiate agreements with suppliers so that families waiting for access to waivers can purchase medical supplies or equipment at a lower rate. Representative Acree is the House Sponsor for this measure and Senator Keller has agreed to be the Senate Sponsor.
Attachment K is the Interim Committee on the Developmental Disability Waiting List Summary Report.
03:47 PM -- Early Childhood and School Readiness Legislative Commission
Representative Solano, Early Childhood and School Readiness Legislative Commission Chair, presented five bills:
Bill A- Creation of the Early Childhood Teacher Scholarship Program. Subject to the receipt and allocation of sufficient federal funds, Bill 1 would create in the Department of Education and early childhood educator scholarship program to award stipends to persons pursuing an associate’s degree in early childhood education. The Department of Education will administer the program, develop rules and criteria for application and dispense awards to qualifying students. The Department of Education will also assign each scholarship recipient a unique educator identifier to track the development of the teacher, and the student outcomes associated with that teacher. When funds are no longer sufficient, the provisions of this bill will be repealed.
Bill B- Concerning the Continuity of Services in Kindergarten. Subject to the receipt and allocation of sufficient federal funds, Bill 2 authorizes the Department of Education to distribute funds to public school districts so they can provide continuity of high quality services to children in kindergarten after they transition out of another high quality early education program such as the Colorado Preschool Program or Head Start. School districts are to use the funds for kindergarten services and are encouraged to follow program standards and practice established by the Colorado Preschool Program and/or other evidence based practices in early childhood. These include but are not limited to smaller class size, fewer children per teacher, parental engagement programs, and professional development of classroom staff. The Department may also provide any technical assistance for implementing program standards or evidence based practice in kindergarten classrooms. Funds will be distributed to school districts using the same procedure that as the Colorado Preschool Program, and when funds are no longer sufficient, the provisions of this bill will be repealed.
Bill C- Creates a Colorado Quality in Child Care Incentive Program (Tiered Reimbursement Program). Subject to the receipt of sufficient federal funds, or gifts, grants and donations, Bill 3 creates a quality in child care incentive grant program with the goal of providing incentives to county or district departments of social services to improve the quality of early care and education. Individual counties have flexibility in the implementation of a tiered reimbursement system, but they must partner with a local Early Childhood Council to develop the program. Criteria for the selection of council/county partnerships that will receive grant funds include but are not limited to blending CCCAP slots with other high quality programs such as Head Start and CPP, employing teachers with an associate’s or bachelor’s degree in early childhood, participating in a quality rating or accreditation rating system, and investing in the professional development of teachers. The state board of human services will be given rule making authority to establish and implement the quality grant program. When funds for the program are no longer sufficient, the provisions of this bill will be repealed.
Bill D- Concerning Eligibility Determinations for the Colorado Child Care Assistance Program. During the 2009 interim, testimony from a variety of agencies and stakeholders revealed that the Colorado Child Care Assistance Program has several programmatic barriers and statutory restricts that contribute to instability in receipt of CCCAP subsidy and discontinuity of care for young children. The commission was briefed by numerous care providers, the Division of Child Care, and the National Conference of State Legislatures on how to improve stability and continuity of child care subsidy services. The commission also examined the 2008 Report of the State Auditor or Colorado on the CCCAP program. Recommendations from these stakeholders mirrored those of the State Auditors report. Bill 4 aligns CCCAP eligibility redetermination with the eligibility redetermination of the Head Start program for children who are dually enrolled in those programs. For children solely receiving CCCAP subsidy, the eligibility period will be extended from six to 12 months. For all children receiving CCCAP subsidy, parents will not have to report changes in activity or income during an eligibility period. In addition, no person may be denied receipt of CCCAP subsidy for attending school (high-school, vocational, or higher education), during the summer months between school years, for maternity leave, and for being a separated spouse or parent under a validly issued temporary order for parental responsibilities where the other spouse or parent has disqualifying financial resources. Finally, family eligibility redetermination will not be retrospective; rather it will evaluate family eligibility at the point of redetermination only.
Bill E- Establishes a Universal Application Subcommittee to the Government Data Advisory Board. Subject to the receipt of sufficient federal funds, or gifts, grants and donations, Bill 5 establishes an early childhood universal application subcommittee to the government data advisory board in the Office of Information and Technology. The subcommittee will be charged with preparing a report on a universal application to be used by all state agencies, school districts, and federally funded early childhood programs. The recommendations for a universal application will include but are not limited to programs such as Medicaid; the Children’s Basic Health Plan; Head Start; the Colorado Preschool Program; the free and reduced cost lunch program; the Colorado Child Care Assistance Program; the Child and Adult Care Food Program; the Colorado Works Program; the Special Supplemental Food Program for Women, Infants and Children; the food stamp program; and the Early Childhood Council Programs. The members of the subcommittee include representative from school districts, the Colorado Department of Education, the Colorado Department of Human Services, the Colorado Department of Health Care Policy and Financing, the Office of the Lieutenant Governor, the Chief Information Officer of the Colorado Office of Information and Technology, a private provider under the CCCAP program, a private Early Head Start or Head Start agency representative, a care provider that is a certified assistance site for Medicaid and the Children’s Basic Health Plan, and other early care and education experts as appointed by the Governor. The subcommittee will meet as necessary at the call of the chair to complete its duties and will hold the first meeting no later than August 1, 2010.
Attachment L is the Early Childhood and School Readiness Commission Summary Report.
03:50 PM
The committee adjourned.