LEGISLATION

Sponsored Legislation - 2007

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Senator Keller's 2007 Legislation:

Saving Money and Improving Lives
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SB07-36: Mental Health Parity (KELLER--STAFFORD)
Requires health insurance companies to cover mental health disorders such as post-traumatic stress disorder, social phobia and chemical dependency. It expands mental disorder coverage in group polices, which will reduce financial barriers to treatment and decrease total health care expenditures by covering early treatment.

SB07-64: Foster Care Task Force (KELLER--FRANGAS)
The bill establishes the Task Force on Foster Care and Permanence in the Department of Human Services. The task force is charged with identifying and recommending solutions to problems in the state's child foster care and adoption systems. The task force will consist of 19 members: 17 appointed by the Governor, including two members of the General Assembly, and two appointed by the Chief Justice of the Colorado Supreme Court.<br>Beginning in July of 2007, the task force is to meet at least monthly to consider how to ensure that foster children and adoptive children are placed in permanent homes, methods to better evaluate foster parents and encourage the retention of foster parents, processes to better provide information to foster and adoptive parents regarding a child's behavior, how to ensure that adoption subsidies are sufficient for the needs of the child in the future, and the creation of a mediation process. No later than December 1, 2007, the task force must report its findings and proposals for legislation to the Governor, Chief Justice of the Colorado Supreme Court, and the House and Senate Judiciary and Health and Human Services Committees.

SB07-126: Approp Renew Energy Authority Thru Governor (KELLER--POMMER)
This bill appropriates revenue to the Governor's Office of Energy Conservation and Management that would otherwise be appropriated to the Colorado Renewable Energy Authority. The office is then required to distribute these funds to the authority.

Beginning in FY 2006-07, HB06-1322 appropriates $2,000,000 annually, subject to certain conditions, to the Colorado Renewable Energy Authority. However,
appropriations may not be made to entities that are not state agencies. This bill clarifies that the money is appropriated to the Governor's Office of Energy Conservation and Management, which then distributes it to the authority. Because the authority receives that same amount of money as under current law, this bill will not affect state revenue or expenditures, and is assessed as having no fiscal impact.


SB07-132: Repeal Goebel Mental Health Reference (KELLER--WHITE)
The bill repeals the provision requiring the Department of Human Services to administer mental health services pursuant to the Arevalo v. Colorado Department of Human Services lawsuit, commonly known as the Goebel lawsuit. Unless a referendum petition is filed, the bill is effective August 8, 2007.

In February 1994, the state settled two class actions asserting that residents of northwest Denver with chronic mental illness were being denied appropriate services. The Goebel lawsuit settlement created a class of clients eligible for Medicaid under the oversight of the Department of Human Services. The Goebel lawsuit settlement was dismissed in March 2006.

On September 20, 2006, the Joint Budget Committee approved an emergency supplemental request from the Department of Health Care Policy and Financing transferring Medicaid funding for the Goebel clients from the Department of Human Services to the Department of Health Care Policy and Financing. Since the class of clients served under the Goebel lawsuit no longer exists, and the funding associated with the lawsuit has already been transferred to the Department of Health Care Policy and Financing, the bill is assessed as having no fiscal impact.

SB07-230: Child Mental Health Treatment Act Revisions (KELLER--FRANGAS)
Improve the care provided to children under the Act, and to make more efficient use of the funding.

The bill authorizes mental health agencies to coordinate mental health care and services for children from assessment to discharge. It clarifies the items that mental health agencies must report to the Department of Human Services, including outcomes of treatment. The rights of the child's family are expanded to include an appeals process when a mental health agency recommends that the child be discharged from services. The bill authorizes the payment of room and board costs associated with residential treatment for children categorically eligible for Medicaid.

SB07-255: Allocation Of IDEA Child Find Activities KELLER--BUESCHER
This bill allocates specific responsibilities of the Child Find program of the federal "Individuals with Disabilities Education Improvement Act of 2004" (IDEA) between the Department of Education and the Department of Human Services. The Department of Education will be responsible for the screening and evaluation of children with disabilities. The department will work in conjunction with the Department of Human Services in accepting and directing referrals to appropriate service agencies, assisting with the transition of a child with disabilities from the developmental disabilities system to the public education system at age 3, and work with the Department of Human Services in the area of public education and outreach concerning early intervention
services, as needed and appropriate.

The Department of Human Services will be responsible for developing and implementing a statewide plan for public education outreach and awareness concerning early intervention services, and for providing intake and case management services once a referral has been made.

The Department of Human Services will work in conjunction with the Department of Education in accepting and directing referrals to appropriate service agencies, and will assist with the transition of a child with disabilities from the developmental disabilities system to the public education system at age 3.

The responsibility for developing an individualized plan for a child with a disability will remain with community centered boards. Development of the plan will be coordinated with Child Find evaluations conducted by administrative units.


SJR07-037: Foster Care Month KELLER--FRANGAS
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, hereby:

(1) Proclaim May as Foster Care Month in Colorado;

(2) Express our appreciation for the dedicated work and commitment of all those individuals and organizations who help to provide safe, quality foster care and services for vulnerable children and youth in Colorado; and

(3) Urge Coloradans to recognize and support the work and service of foster care parents, volunteers, and professionals throughout the state.

SJR07-040: Designate May As Mental Health Month (KELLER--STAFFORD)
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 2007 is proclaimed to be Mental Health Month in Colorado;

(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 illness and to providing appropriate and accessible services for all citizens; and

(3) That the General Assembly is determined to make mental health a priority.

HB07-1016: Access To Health Care (FRANGAS--KELLER)
This Health Care Task Force bill increases access to health insurance, Medicaid, and the Children's Basic Health Plan by:

• expanding eligibility in CoverColorado to include persons belonging to Multiple Employer Welfare Agreements (MEWAs); requiring school districts to check the health coverage status of students and providing application materials for Medicaid and the Children's Basic Health Plan (CBHP) to students without coverage;
  
  
• requiring the Department of Health Care Policy and Financing (DHCPF) to establish a plan to maximize enrollment in Medicaid;
  
  
• expanding eligibility in the CBHP over a three-year period to allow families with higher income levels to obtain coverage for their children;
  
  
• directing the DHCPF to seek federal approval to provide CBHP coverage for human papilloma virus (HPV) vaccinations for girls age 12 to 18; and
  
  
• directing the DHCPF to seek federal approval to provide dental benefits as part of the CBHP Prenatal Program.

HB07-1021: Medication Management (FRANGAS--KELLER)
This Health Care Task Force bill creates the Prescription Drug Information and Technical Assistance Program to provide advice about prescription drugs to Medicaid clients. The Department of Health Care Policy and Financing is required to administer the program and provide incentive payments to pharmacists and physicians who consult with Medicaid clients about how to avoid dangerous drug interactions, improve outcomes, and save money.

HB07-1045: Increase Size County Planning Commission (KERR J.--KELLER)
The bill allows counties to increase the maximum number of people who may be appointed to serve on any Colorado county planning commission to 15. Current law allows any board of county commissioners to appoint a minimum of three to a maximum of nine members.

HB07-1073: Contractor New Hires Basic Pilot Program (JUDD--KELLER)
Under current law, state agencies and political subdivisions are prohibited from entering into or renewing contracts with contractors who knowingly employ or contract with entities that knowingly employ illegal aliens. To ensure compliance, a prospective contractor is required to verify the mmigration status of all employees through the federal basic pilot program. The bill states that prospective contractors must only provide mmigration status verification for new hires.

Currently, the Department of Labor and Employment (DOLE) enforces laws governing the employment of illegal aliens working on public contracts. The bill simply modifies the enforcement of these laws but it does not create additional requirements for the DOLE. As such, it is assessed as having no fiscal impact. Unless a referendum petition is filed, the bill will take effect August 8, 2007.

HB07-1237: Technical Mod To State Pub School Fund (POMMER--KELLER)
The State Public School Fund is one of three funds used to provide the state's share of funding for public schools. Within the State Public School Fund, there are several accounts and reserves that are used for specific purposes. HB07-1237 simplifies the State Public School Fund by creating separate funds for each of these reserve accounts. The following three funds are created:

• Contingency Reserve Fund - replaces the Contingency Reserve. These moneys provide supplemental assistance to districts in cases of specified financial emergencies or burdens. Revenue sources include General Fund appropriations and reimbursements from school districts.
  
  
• School Capital Construction Expenditures Reserve Fund - replaces the School Capital Construction Expenditures Reserve. These moneys assist schools in capital onstruction projects addressing safety issues, building construction conditions that detract from the learning environment, and excessive operating costs created by maintenance or construction needs. Revenue sources include appropriations from the General Fund and the State Education Fund.
  
• Lottery Proceeds Contingency Reserve Fund - replaces the Lottery Proceeds Contingency Reserve. These moneys provide supplemental assistance to districts with capital expenditures to address school facility safety and health concerns.Lottery proceeds provide the fund's revenue.

HB07-1286: Doc Aff UI Benefits Interstate Agrmnt (PRIMAVERA--KELLER)
The bill requires nonresidents who apply for unemployment benefits under a reciprocal state agreement to produce alternative documentation proving legal residency if the person is without a valid Colorado driver's license or identification card. Alternative documents that may be provided are as follows:

• a United States military card or military dependent card;
  
  
• a United States Merchant Mariner card;
  
  
• a Native American tribal document.
  
  
• In lieu of these documents, a person may also execute an affidavit stating that he or she is lawfully present under federal law. Unless a referendum petition is filed, the bill will take effect August 8, 2007.

HB07-1324: Interest Older Americans Act Programs (WHITE--KELLER)
Current law requires money that is credited to the Older Coloradans Cash Fund from sales and use taxes to provide funding for community programs that benefit the elderly. Money in the fund is distributed under the same formula that the state uses to distribute money under the federal Older American Act of 1965. All interest earned by fund money at the end of the fiscal year is required to remain in the fund and cannot be credited to the General Fund or any other fund.

State funds spent on the Older American Act Programs draw down federal matching funds at a 17 to 1 ratio. This Joint Budget Committee bill authorizes the General Assembly to spend a portion of the accumulated interest in the Older Coloradans Cash Fund ($40,000) to enable the program to receive $680,000 in federal matching funds for the current fiscal year. These funds would be allocated by the Department of Human Services to Area Agencies on Aging.

HJR07-1014: CMHCs And BHOs Mental Health Centers (STAFFORD--KELLER)
General Assembly of the State of Colorado, the Senate concurring herein: That we, the members of the Colorado General
Assembly, hereby:

(1) Recognize the vital role played by community mental health centers and behavioral health organizations in Colorado's system of health care; and

(2) Express our appreciation and gratitude to all those individuals who dedicate time, energy, and hard work to this challenging but critical area of community health care.

Be It Further Resolved, That copies of this Joint Resolution be sent to Governor Bill Ritter and to the directors of the Colorado Department of Human Services and the Colorado Department of Health Care Policy and Financing.

HJR07-1024: Renaming Portion I-70 Mother Cabrini (FRANGAS--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 the portion of Interstate Highway 70 from Vasquez Boulevard in Denver to the Genesee Park Exit in Golden, Colorado, be renamed "Mother Cabrini Memorial ighway".

(2) That the Colorado Department of Transportation may accept and expend gifts, grants, donations, and federal funds for the purposes of the initial placement of signs to ark the designated portion of Interstate Highway 70 as the "Mother Cabrini Memorial Highway".

(3) That the Colorado Department of Transportation may explore a cooperative agreement with the Board of County Commissioners for Jefferson County and the City and County of Denver for the maintenance of the markings for the "Mother Cabrini Memorial Highway".

Be It Further Resolved, That copies of this Joint Resolution be sent to the Transportation Commission of Colorado; the Office of Transportation Safety in the Colorado Department of Transportation; and the Board of County Commissioners for Jefferson County and the City and County of Denver.

HJR07-1047: Oppose REAL ID Act (POMMER--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 the Colorado General Assembly supports the government of the United States in its campaign against terrorism and affirms the commitment of the United States that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country that are protected in the United States Constitution and the Bill of Rights; and

(2) That it is the policy of Colorado to oppose any portion of the REAL ID Act that violates the rights and liberties guaranteed under
the Colorado Constitution or the United States Constitution, including the Bill of Rights; and

(3) That the General Assembly will enact no legislation nor authorize any appropriation to further the passage of the REAL ID Act in Colorado unless such appropriation will be used exclusively for the purpose of undertaking a comprehensive analysis of the costs of
implementing the REAL ID Act, or to mount a constitutional challenge to the Act by the state Attorney General; and

(4) That the General Assembly urges Colorado's delegation to the United States Congress to support measures to repeal the REAL ID Act.

Be It Further Resolved, That a copy of this Joint Resolution be sent to President George W. Bush, United States Attorney General Alberto R. Gonzales, Governor Bill Ritter, and the members of Colorado's Congressional delegation.