LEGISLATION

2008 Sponsored Legislation

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2008 Legislation
66th General Assembly - Second Regular Session

 

Saving Money and Improving Lives

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HB08-1031 Dev Disabled Waiting List Navigator (POMMER--KELLER)
The bill was recommended by the Interim Committee on Long-term Health Care Services and Supports for Persons with Developmental Disabilities. It creates the position of "navigator" to assist persons with developmental disabilities who are on the waiting list for services provided through the Department of Human Services. Navigators are to help individuals and families understand the waiting list process, provide families and individuals with information about the individual's place on the waiting list, and assist individuals and families to find and choose appropriate services while they are waiting for services. The bill requires each community centered board (CCB) to ensure the availability of the services of a navigator for persons who are waiting for services. The pilot program must provide mental health screenings, mental health evaluations, mental health services, appropriate referrals for other services, integrated child welfare and mental health programs, and training programs. The Department of Human Services is required to conduct an evaluation of the pilot program and to submit a report of its evaluation to the House and Senate Health and Human Services committees by January 30, 2012. The pilot program is repealed, effective July 1, 2012.     

HB08-1098 Repeal Parking Fees Person Disabilities (PRIMAVERA--KELLER) 
The bill repeals the requirement that the Department of Revenue (DOR) establish a fee for issuing parking placards allowing parking privileges for persons with disabilities. It also repeals crediting the fee revenue to the Highway Users Tax Fund.

HB08-1220 Develop Disabilities Statutory Cleanup (BUESCHER--KELLER) 
This bill is recommended by the Joint Budget Committee. It modifies provisions concerning services for people with developmental disabilities to comply with federal requirements and current practices of the Department of Human Services. Changes include the following:

• authorizes the department to purchase services from community centered boards or service agencies;

• removes from statute the requirement that local funds represent 5 percent of funding for services;

• prohibits employees or board members of a service agency from serving on a community centered board's human rights committee; and

• specifies that services cannot be terminated if the department determines that termination would result in an emergency.

HB08-1246 Abuse Caregiver Registry Dev Disability (GREEN--KELLER)
This bill requires the Colorado Department of Human Services (DHS) to convene a working group, on or before August 30, 2008, to make recommendations for the development of a plan to implement a registry of caregivers who have a substantiated allegation of exploitation, mistreatment, neglect, physical abuse, or sexual abuse of an individual with a developmental disability. The bill specifies the composition of the working group. In developing such a plan, the working group and the DHS are required by the bill to consider the following issues:

• a review and evaluation of existing processes to determine best practices and how to build on the existing system;

• standards for what is a substantiated allegation;

• a definition of family and a determination of whether a family member who acts as a caregiver should be included on the registry;

• due process considerations;

• the need for thorough and fair investigations;

• any statutes that need modification due to the creation of a caregiver abuse registry;

• information technology and personnel needs;

• costs associated with the creation and implementation of such a registry; and

• a process and timeline to phase in the registry.

The bill requires the DHS to submit a report to the Health and Human Services committees of the House and Senate on or before January 30, 2009, summarizing the work of the department with regard to the creation of a caregiver abuse registry, including a plan and any recommendations for implementing legislation. The DHS is authorized by the bill to seek and accept gift, grants, or donations from private or public sources for the purpose of developing such a plan. The bill creates the Caregiver Abuse Registry Fund for the deposit of any funds collected. The money in the fund is subject to annual appropriation by the General Assembly for the direct and indirect costs associated with the creation and implementation of a caregiver abuse registry. The DHS is not obligated to begin the implementation of the bill until at least $33,000 has been deposited in the Caregiver Abuse Registry Fund. Any money remaining in the fund as of June 30, 2010, will be transferred to the General Fund.

HB08-1391 Mental Health Services Child Abuse Pilot (ROMANOFF--KELLER) 
The creates the Child Welfare and Mental Health Services Pilot Program within the Department of Human Services. By July 1, 2008, the department must issue a request for proposals for the selection of a contractor to develop and implement the program to provide mental health screenings and evaluations and mental health services for any child ages 4 through 10 who is the subject of a substantiated case of abuse or neglect, and to his or her siblings. Children receiving services through the pilot may continue to receive services after their tenth birthday. On or before July 1, 2009, the pilot program is to be implemented in a minimum of three Colorado counties. Participating counties are to be selected based upon applications submitted to the department.

HB08-1366 Recodification Early Intervention Svcs (POMMER--KELLER)
The bill recodifies statutes related to early intervention services for infants and toddlers with developmental delays or disabilities.  The bill reorganizes existing statutes regarding the provision of early intervention services to make the statutory requirements for such services more understandable, but does not change any requirements related to the provision of such services.    

SB08-004 State Employment Of Persons With DD (KELLER--GARDNER B.)    
The bill was recommended by the Interim Committee on Long-term Health Care Services and Supports for Persons with Developmental Disabilities. The bill creates the State Employment Program for Persons with Developmental Disabilities within the Department of Human Services. The goal of the program is to identify state employment opportunities for persons with developmental disabilities. As amended by the Senate State, Veterans, and Military Affairs Committee on January 23, 2008, on or before July 1, 2008, the Department of Human Services and Department of Personnel and Administration are required to jointly convene a working group to study how the state's processes for hiring persons with developmental disabilities can be improved in order to successfully implement the program. The working group is to make recommendations on any rules, statutes, or constitutional provisions that need to be modified in order to implement the program. The working group must report its recommendations by January 1, 2009. If the working group recommends that statutory or constitutional provisions be modified, the Department of Human Services may not implement the program until such modifications have been approved by the General Assembly or the voters. Once such changes are approved, or if no statutory or constitutional modifications are recommended by the working group, the State Board of Human Services and the State Personnel Board are to promulgate rules to implement the program. The Department of Human Services, in collaboration with the Department of Personnel and Administration, will implement the program, and the Department of Human Services is required to explain and promote the program to other state agencies. State agencies are strongly encouraged to participate in the program.

SB08-191 Membership CO School Of Mines Board (KELLER--GREEN)  
This bill increases from 8 to 9 the number of members who serve on the board of trustees for the Colorado School of Mines. The bill adds an elected position from among full-time faculty, and removes an existing requirement that the elected student member of the board must have lived in the state for three years. Both the faculty and student member of the board are non-voting, advisory positions. The bill is effective upon signature of the Governor, or upon becoming law without his signature.

HB08-1404 Study & Review Child Welfare System (STAFFORD--KELLER) 
The bill requires the Department of Human Services to make periodic reports to the House and Senate Health and Human Services Committees and the Joint Budget Committee regarding the findings and recommendations of the Child Welfare Action Committee, created by executive order B 006 08. The first report is due January 31, 2009. The bill creates the Child Welfare Action Committee Cash Fund to fund the necessary expenses related to the operation of the Child Welfare Action Committee, and to pay for the implementation of any recommendation of the committee. Finally, the bill permits the Department of Human Services to require county departments of social services to report information on employees of the county department, including names, qualifications, work schedules, training, evaluations, and corrective and disciplinary actions.
Background Governor Ritter issued executive order B 006 08 establishing the Governor's Child Welfare Action Committee on April 16, 2008. The committee will consist of up to 25 members appointed by the Governor, including the executive director of the Departments of Human Services, Public Health and Environment, and Health Care Policy and Financing. Other members of the committee will include county commissioners and county social services representatives, individuals with judicial experience, individuals with experience in child development, children's representatives from non-profit or for-profit entities, families or children who are current or former recipients of child welfare services, and representatives of the business community. The mission of the committee is to provide recommendations to the Governor on how to improve the child welfare system in Colorado. The committee is to analyze the state-county child welfare system structure and make recommendations regarding its effectiveness; examine the quality and quantity of training that child care professionals should receive; evaluate public access to county and state human services agencies; explore the potential role of an independent oversight committee; develop recommendations as to how public/private partnerships may improve the child welfare system and the care provided to children; and review evidence-based best practice standards. The committee is to prepare an interim report of its activities and recommendations by October 31, 2008. A final report must be submitted to the Governor by December 31, 2009.
State Revenue The bill establishes the Child Welfare Action Committee Cash Fund to pay for expenses related to the Child Welfare Action Committee. The bill permits the Department of Human Services to accept gifts, grants, and donations to implement the provisions of the bill. To the extent that such gifts, grants, or donations are received, revenue to the Child Welfare Action Committee Cash Fund will increase.

HB08-1100 Office Of State Registrar Adjusted Fees (GAGLIARDI--KELLER)
This bill allows the Department of Public Health and Environment, Office of the State Registrar, to adjust the fees it collects to include direct and indirect costs related to the Colorado Responds to Children with Special Needs (CRCSN) Program.
Background CRCSN is a statewide public health program for monitoring and preventing birth defects and developmental disabilities. To be included in CRCSN, a child must be a Colorado resident who was diagnosed prior to the age of 3 with an eligible condition, such as Downs Syndrom or Fetal Alcohol Syndrom. About 9,000 children are identified each year through birth and death certificates, newborn screening programs, and reports from medical facilities. Of those, 4,000 to 5,000 families are referred to additional services.   

HB08-1132 Youthful Offender System Treatment (STAFFORD--KELLER)
This bill allows a sex offender within the Youthful Offender System (YOS) in the Department of Corrections that is at least 18 of age to receive adult sex offender treatment services. The bill also adds mental health treatment as a service that offenders in the youthful offender system are authorized to receive without parental consent.     

HB08-1221 Clarify Policy In DHS Public Assistance (BUESCHER--KELLER)
This bill is recommended by the Joint Budget Committee. It makes the following technical changes regarding programs administered by the Department of Human Services:

• removes the requirement that home care allowance, adult foster care, and in-home services use the Department of Health Care Policy and Financing's uniform client assessment instrument;

• removes the requirement that adult foster care facilities be certified by the local single entry point agency, instead requiring licensing by the Department of Public Health and Environment; and

• removes the limit of 429 service units per year for family members providing home care,instead the State Board of Human Services establishes rules for the program.

HB08-1307 Interim Assistance Supplemental Security (BUESCHER--KELLER)
The bill clarifies that neither the state Department of Human Services nor any county is responsible for paying any portion of the costs, including legal and professional fees, paid by an applicant who is seeking Supplemental Security Income (SSI) benefits or any other federal benefit.
Background Individuals applying for federal SSI benefits often qualify for state Aid to the Needy Disabled - State Only (AND-SO) cash assistance payments while they are waiting for their SSI benefits to be approved. When SSI benefits are approved, the federal government pays the applicant's benefits retroactively. Normally, these retroactive benefits are sent to the applicant's county department of social services, and the county uses these payments, known as Interim Assistance Reimbursements (IARs) to reimburse the state and the county for AND-SO payments made to the applicant. Sometimes, applicants for SSI benefits may seek legal or other professional advice in attempting to obtain benefits. This bill clarifies that the Department of Human Services and counties are not responsible for costs associated with obtaining such advice and that the IARs received on behalf of the applicant must be used to reimburse the state for the AND-SO payments made to the applicant. However, the bill also clarifies that any moneys received by a county in excess of the AND-SO payments by the state Department of Human Services and counties must be paid to the applicant.   

HB08-1320 Eliminate Cash Fund Exempt Designation (BUESCHER--KELLER)
This bill is recommended by the Joint Budget Committee. For FY 2008-09, the annual appropriations bill also known as the Long Bill, will change the term of the "Cash Funds Exempt" category of appropriations and refer to such moneys as "Reappropriated Funds." This bill changes the designation of certain appropriations currently referred to in statute as cash funds exempt appropriations to either cash funds or reappropriated funds.
Background The current cash funds exempt category was coined after the passage of Article X, Section 20 of the state constitution (TABOR), to identify appropriations from sources that are exempt from the revenue limits imposed by TABOR. However, this term has proven confusing to both policy makers and the public. Additionally, the term has limited value in making appropriations decisions, because with few exceptions, appropriations are used to control expenditures rather than revenue. The General Assembly's power over TABOR revenue is generally exerted through statutory tax and fee policies, and not the appropriations process. In changing the term cash funds exempt to reappropriated funds, it will be clearer for both policy makers and the public to identify when the same funds are appropriated more than once.

HB08-1321 Long Bill Headnote Definitions (BUESCHER--KELLER)
The bill, recommended by the Joint Budget Committee, includes the following provisions regarding the annual general appropriations act, also know as the Long Bill:

• defines in statute the definitions for the various headnotes included in the Long Bill;

• specifies the purposes of and limitations on the footnotes at the end of each departmentís appropriations in the Long Bill; and

• specifies that these statutory definitions will be applicable beginning with the FY 2008-09 Long Bill.

HB08-1333 Capital Construction Fund Transfers (BUESCHER--KELLER)
This bill is recommended by the Joint Budget Committee. The bill does not require an increase in funding for capital construction projects. The transfer of General Fund to the Capital Construction Fund makes moneys available for supplemental appropriations included in HB08-1303 (Supplemental Appropriation for Capital Construction).
General Fund for Highways and Capital Construction Based on the December 2007 Legislative Council Staff revenue forecast, money is available to be transferred to the Highway Users Tax Fund (HUTF) and Capital Construction Fund through the mechanism passed in HB 02-1310 each year through at least FY 2011-12. This bill reduces General Fund revenue in FY 2005-06 and FY 2007-08. It is assumed that historic and current year HUTF transfers will be adjusted accordingly.   

HB08-1338 DPHE Pub Lands Visibility Monitor Repeal (WHITE--KELLER)    
This bill is recommended by the Joint Budget Committee. It removes the following requirements related to monitoring air pollutants on public lands:

• the Department of Public Health and Environment is no longer required to prepare emission inventories for all state land management agencies;

• federal authorities are no longer required to provide an emission inventory of all federal land management activities in Colorado; and

• the Air Quality Control Commission (AQCC) is no longer required to conduct rule-making hearings to approve both state and federal public lands emission inventories.

Background HB99-1351 required emission inventories for federal and state lands and required the AQCC to conduct public hearings as part of their approval process. In recent years, federal and state land agencies have submitted emission inventory data to the Western Regional Air Partnership, of which the department is a member. The partnership inventory is more detailed and is produced more frequently than the inventory required by HB99-1351. At this time, the inventory required by state law serves no regulatory or air quality management use. HB08-1338 eliminates this inventory and related public hearings  

HB08-1373 Breast Cervical Cancer Fund (BUESCHER--KELLER)   
This bill, as recommended by the Joint Budget Committee, continues the Breast and Cervical Cancer Prevention and Treatment Program through July 1, 2014, and changes the source of state funding for the program. The impact of this bill is part of the Joint Budget Committee balanced budget package.
Background The Breast and Cervical Cancer Prevention and Treatment Program was established by SB01S2-012. It provides medical assistance through Medicaid for women under age 65 who have been diagnosed with breast or cervical cancer and do not have any credible insurance coverage. For FY 2007-08, the projected caseload is 274, with total estimated costs of $6.7 million. The state receives a 65 percent federal financial participation rate for the program. State funds, for the remaining 35 percent of the costs, are from three sources: the Breast and Cervical Cancer Prevention and Treatment Fund (interest from the Tobacco Litigation Settlement Trust Fund), the Prevention, Early Detection, and Treatment Fund (Amendment 35 - tobacco tax), and the General Fund.

HB08-1376 Transfers To Capital Construction Fund (BUESCHER--KELLER)  
In addition to any other prior transfers, this bill transfers $45,900,000 from the General Fund to the Capital Construction Fund (CCF) on July 1, 2007. On July 1, 2008, it transfers $20.0 million General Fund to the CCF. Of this total amount, $11.0 million is General Fund and $9.0 million is General Fund Exempt.
State Transfers or Diversions In addition to other transfers identified in statute, the bill makes a direct transfer from the General Fund to the CCF of $45.9 million in FY 2007-08 and $20.0 million in FY 2008-09.         

SB08-048 Regulate Political Telephone Solicitations (KELLER--BUESCHER)
This bill was killed - The bill would have prohibited unsolicited political phone calls by automatic dialing machines or by paid political solicitors, unless the parties have a preexisting relationship formed prior to the call. 02/13/2008 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely   

SB08-118 Transfer For Medicaid Disease Management (KELLER--BUESCHER)   
This bill is recommended by the Joint Budget Committee. It directs an annual transfer of $2.0 million from the Prevention, Early Detection, and Treatment Fund (PEDT Fund) to the Department of Health Care Policy and Financing for Medicaid disease management and treatment programs.
Background The PEDT Fund was established by HB05-1262 to provide funding for several programs related to the prevention, early detection, and treatment of disease. Moneys in the fund are from taxes collected on tobacco products. The Department of Health Care Policy and Financing received funding in FY 2005-06 through FY 2007-08 for disease management programs, but funding has not been authorized for FY 2008-09.  

SJM08-001 Fed Cuts To State Crim Justice Sys (KELLER--BUESCHER)
Be It Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein: (1) That we, the members of the Colorado General Assembly, urge Congress to restore funding for the Edward Bryne Memorial Justice Assistance Grant Program and thereby continue the financial support that is critical to enabling local law enforcement agencies to continue protecting the lives and property of citizens in their communities; and (2) That we urge Colorado's congressional delegation to support funding for the Edward Byrne Memorial Justice Assistance Grant Program through emergency supplemental spending bill legislation.   

SJM08-005 CMS Medicaid Rules (KELLER--BUESCHER)
WHEREAS, In 2007 and 2008, the Centers for Medicare and Medicaid Services ("CMS"), the federal agency responsible for overseeing health care programs, promulgated numerous new rules that, if enforced, would cause severe financial hardship to Colorado's safety net providers WHEREAS, The cumulative result of these new rules would cause severe financial hardship to each of Colorado's safety net providers, endanger the health of low-income populations in Colorado, and ultimately result in a large influx of persons seeking health care at already-overcrowded emergency rooms; now, therefore, Be It Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein: That we, the members of the Colorado General Assembly, urge the members of the United States Congress to promptly enact legislation preventing the federal Centers for Medicare and Medicaid Services from adopting or enforcing these rules.   

SJR08-026 Eighth Continent Project (KELLER--GREEN)
Concerning The Recognition And Commendation Of The Colorado School Of Mines' Eighth Continent Project Be It Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein: (1) That we, the members of the General Assembly: (a) Salute the 8th Continent Project in its efforts to integrate space technology and resources into the global economy; (b) Commend the Colorado School of Mines for its work in establishing the 8th Continent Project as a way to encourage and support entrepreneurs and create jobs for Coloradans; (c) Recognize that the 8th Continent Project accelerates the emergence of the space commerce industry and plays a vital role in defining and supporting businesses of the future, in Colorado and around the world; and (d) Further commend the 8th Continent Project for organizing "Space 2.0", the emerging generation of entrepreneurial space-related business ventures that will further expand Colorado's global reputation as an international hub for technology and commerce.

SJR08-030 Seniors' Resource Center Day (KELLER--JAHN)
WHEREAS, The Seniors' Resource Center was founded in 1978 to deliver vital services to older adults in their communities, under the auspices of the Jefferson County Council on Aging and the Jefferson County Retired and Senior Volunteer Program Be It Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein: That we, the members of the Colorado General Assembly, proclaim May 8, 2008, as Seniors' Resource Center Day in Colorado in recognition of the substantial and continuing difference that the organization makes each day in the lives of older adults in Colorado and their loved ones.

SJR08-032 May Mental Health Month (KELLER--STAFFORD)   
WHEREAS, President Bush's New Freedom Commission on Mental Health calls for a transformed mental health system in which Americans understand that mental health is essential to overall health; mental health care is consumer- and family-driven; disparities in mental health services are eliminated; early mental health screening, assessment, and referral to services are common practice; excellent mental health care is delivered and research is accelerated; and advanced technology is used to access mental health care and information Be It Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein: (1) That May 2008 is hereby proclaimed "Mental Health Month" in Colorado; and (2) That the General Assembly calls upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all citizens, and making mental health a priority in the state of Colorado.

HJR08-1008 Skiing & Snowboarding As State Sports (GREEN--KELLER) 
WHEREAS, The skiing and snowboarding industry is an important part of Colorado's economy and attracts visitors from around the United States and the world Be It Resolved by the House of Representatives of the Sixty-sixth General Assembly of the State of Colorado, the Senate concurring herein: That we, the members of the General Assembly, do hereby designate the winter recreational sports of skiing and snowboarding as the official state winter recreational sports of Colorado.  

HJR08-1011 State Education Fund Joint Resolution (BUESCHER--KELLER)
Be It Resolved by the House of Representatives of the Sixty-sixth General Assembly of the State of Colorado, the Senate concurring herein: (1) That, in accordance with section 22-55-104, Colorado Revised Statutes, the General Assembly hereby certifies that the amount of moneys in the state education fund that should be considered available for appropriation for the state fiscal year beginning July 1, 2008, is $341.4 million