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H_PHC_2020A 06/11/2020 01:27:35 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES
Date 06/11/2020
Attendance
Caraveo *
Cutter X
Geitner X
Gonzales-Gutierrez X
Holtorf *
Jaquez Lewis *
Larson X
Liston X
Mullica X
Pelton X
Young X
Michaelson Jenet X
Singer *
Time 01:27:35 PM to 04:15:14 PM
Place Old State Library
This Meeting was called to order by Representative Singer
This Report was prepared by Andrea Denka
Hearing Items Action Taken
SB20-162 Referred to House Appropriations
SB20-213 Amended, referred to the Committee of the Whole
SB20-221 Referred to the Committee of the Whole
HB20-1425 Amended, referred to the Committee of the Whole

X = Present, E = Excused, A = Absent, * = Present after roll call

SB20-162 - Referred to House Appropriations


01:29:02 PM  

Representatives Ransom, co-prime bill sponsor, presented Senate Bill 20-162.  This bill makes several changes to the child welfare system to align state law with the federal Family First Prevention Services Act, as described below.

Out-of-home placements.  The bill makes several changes to out-of-home placements.  First, the bill limits the placement of children between the ages of 5 and 18 in residential child care facilities, but allows children under the age of 5 to be placed if accompanied by a parent.  Second, the bill increases the minimum age for placement in specialized group facilities from 3 years of age to 7.  Children under the age of 7 may be placed in a group facility if accompanied by a parent.  Third, the bill requires residential child care facilities to be licensed annually.  

Qualified residential treatment programs.  Before a child is placed in a qualified residential treatment program (QRTP), a court or the Administrative Review Division (division) of the Colorado Department of Human Services (CDHS) in a case where a juvenile has been committed to the Division of Youth Services, must first consider a placement assessment prepared by a qualified individual within 60 days (unless there is an objection, then 30 days) after the new placement.  In considering the placement, the court or the division must give great weight to the recommendation for placement provided by the qualified individual.  If the court or the division deviates from the assessment and recommendation, the body must make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child.



After the initial hearing, the bill requires that a subsequent hearing, in front of either the court or the division, review evidence submitted by a county at least every 90 days during the duration of the placement in a QRTP.

Juvenile justice system.  Before committing a youth to the custody of the Division of Youth Services in the CDHS, the bill requires the court to make a finding that the commitment is not the result of a lack of available QRTP placements.

Foster care prevention services.  The bill allows counties to provide child welfare and prevention services, which includes foster care prevention services to families, kin caregivers, and children.  The bill also makes information concerning prevention services and referrals confidential and not available to the public.

Child Welfare Services Task Force recommendations.  The bill requires the Child Welfare Services Task Force to make recommendations on a method to incentivize counties to provide services and placements based on the child's needs by December 15, 2020.  After the recommendations are made, the CDHS must submit a report to the Joint Budget Committee on or before January 15, 2021, outlining the recommendations from the task force.

Appropriations.  Finally, the bill reduces General Fund appropriations to the Executive Director's Office for Employment and Regulatory Affairs within the CDHS and refinances this existing spending in the FY 2020-21 Long Bill with a reappropriation of indirect cost recoveries. The General Fund savings are used to offset the cost of implementing Families First.

The sponsor answered questions from the committee.

01:40:20 PM  

Kevin Niemond, CDHS, responded to questions from the committee.  Minna Costillo-Cohen, CDHS, testified in support of the bill.  Betsy Murray, representing herself, testified in support of the bill.  Aaron Carpenter, Legislative Council Staff, responded to questions from the committee about the fiscal note.



01:53:10 PM
Motion Refer Senate Bill 20-162 to the Committee on Appropriations.
Moved Gonzales-Gutierrez
Seconded Mullica
Caraveo Excused
Cutter Yes
Geitner Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jaquez Lewis Yes
Larson Yes
Liston No
Mullica Yes
Pelton Yes
Young Yes
Michaelson Jenet Yes
Singer Excused
Final YES: 10   NO: 1   EXC: 2   ABS:  0   FINAL ACTION:  PASS



SB20-213 - Amended, referred to the Committee of the Whole


01:58:45 PM  

Representative Larson and Representative Roberts, co-prime bill sponsors, presented Senate Bill 20-213 to the committee.

The bill allows certain liquor licensees to sell alcohol as part of takeout orders and to deliver alcohol for consumption off the licensed premises.  The bill includes the following license types: beer and wine, hotel and restaurant, tavern, brew pub, club, vintner's restaurant, distillery pub, lodging and entertainment, fermented malt beverage on and off premises retailers, and manufacturers and wholesalers with an approved sales room.  

If the Governor has not declared a disaster emergency, licensees must have a permit issued by the Department of Revenue (DOR) allowing the takeout and delivery of alcohol; may not exceed limits on the amount of alcohol included in each order; and may not receive more than 50 percent of gross annual revenues from food and alcohol from delivered alcohol.  These restrictions do not apply if the Governor has declared an emergency.

The bill specifies parameters for who may deliver alcohol, and requires that the DOR promulgate rules for the takeout and delivery of alcohol, including the creation of a permit and permit fees.  The bill is repealed July 1, 2022.

02:00:52 PM  

Nick Hoover, Colorado Restaurant Association, testified in support of the bill. Stephanie Hicks, The Tavern League of Colorado, testified in support of the bill.  Mr. Hoover responded to questions from the committee.  Written testimony was submitted to the committee (Attachments A and B).

02:07:37 PM  

Representative Roberts explained amendments L.010 and L.011 (Attachments C and D).



02:08:46 PM
Motion Adopt amendment L.010 (Attachment C).
Moved Larson
Seconded Pelton
Caraveo Excused
Cutter
Geitner
Gonzales-Gutierrez
Holtorf
Jaquez Lewis
Larson
Liston
Mullica
Pelton
Young
Michaelson Jenet
Singer
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:09:36 PM
Motion Adopt amendment L.011 (Attachment D).
Moved Larson
Seconded Liston
Caraveo Excused
Cutter
Geitner
Gonzales-Gutierrez
Holtorf
Jaquez Lewis
Larson
Liston
Mullica
Pelton
Young
Michaelson Jenet
Singer
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:15:23 PM
Motion Refer Senate Bill 20-213, as amended, to the Committee of the Whole.
Moved Larson
Seconded Liston
Caraveo Excused
Cutter Yes
Geitner Excused
Gonzales-Gutierrez Excused
Holtorf Yes
Jaquez Lewis Yes
Larson Yes
Liston Yes
Mullica Yes
Pelton Yes
Young Yes
Singer Excused
Michaelson Jenet Yes
Final YES: 9   NO: 0   EXC: 4   ABS:  0   FINAL ACTION:  PASS



SB20-221 - Referred to the Committee of the Whole


02:15:54 PM  

Representative Titone and Representative Soper, co-prime sponsors, presented Senate Bill 20-221 to the committee.  The bill states that certain evidence related to a victim's sexual orientation or gender identity is irrelevant in a criminal case, and creates a protective hearing if a party claims that such evidence is relevant and wants to use it in a criminal case.

Specifically, evidence relating to the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim are or have been involved in an intimate relationship, is irrelevant.  An act following such discovery does not constitute an act committed in the sudden heat of passion in a criminal case.

02:29:37 PM  

Amanda Gall, Colorado District Attorneys' Council, testified in support of the bill.  Written testimony was submitted to the committee (Attachments E - H).

02:33:05 PM  

Committee members made concluding comments.  The bill sponsors made concluding remarks.



02:38:43 PM
Motion Refer Senate Bill 20-221 to the Committee of the Whole.
Moved Singer
Seconded Cutter
Caraveo Yes
Cutter Yes
Geitner Yes
Gonzales-Gutierrez Excused
Holtorf Yes
Jaquez Lewis Yes
Larson Yes
Liston Yes
Mullica Yes
Pelton Yes
Young Yes
Singer Yes
Michaelson Jenet Yes
Final YES: 12   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1425 - Amended, referred to the Committee of the Whole


02:39:03 PM  

Representative Geitner and Representative Hooton, co-prime bill sponsors, presented House Bill 20-1425 to the committee.  The bill entitles a patient receiving inpatient care at a hospital to one designated visitor, and establishes rules for how the visitor is designated.  It also requires hospitals to establish written policies and procedures regarding visitation rights.  Hospitals may not restrict visitation if the sole reason is to reduce the risk of a communicable disease, but during times when the transmission risk of a communicable disease is heightened, they may impose certain requirements or restrictions on visitors or deny access to visitors who display certain symptoms.  The bill repeals on May 31, 2021.

02:49:32 PM  

Representatives Hooton and Geitner responded to questions from the committee.

03:13:53 PM  

Stephen Reiter, representing himself, testified in support of the bill and distributed a handout (Attachment I).  Deann Rodgers, representing herself, testified in support of the bill.  Mr. Reiter responded to questions from the committee.  Written testimony was submitted to the committee (Attachment J).

03:49:22 PM  

Sophia San Miguel, representing herself, testified about the bill.  Dustin Frunten, representing himself, testified about the bill.



03:59:23 PM
Motion Adopt amendment L.001 (Attachment K).
Moved Singer
Seconded Pelton
Caraveo
Cutter
Geitner
Gonzales-Gutierrez
Holtorf
Jaquez Lewis
Larson
Liston
Mullica
Pelton
Young
Singer
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:14:33 PM
Motion Refer House Bill 20-1425, as amended, to the Committee of the Whole.
Moved Geitner
Seconded Pelton
Caraveo Yes
Cutter Yes
Geitner Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jaquez Lewis No
Larson Yes
Liston Yes
Mullica Yes
Pelton Yes
Young Yes
Singer Yes
Michaelson Jenet Yes
Final YES: 12   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:15:14 PM   The committee adjourned.






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