Amendments for SB21-027

Senate Journal, March 4
After consideration on the merits, the Committee recommends that SB21-027 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, strike lines 9 through 27 and substitute:

"SECTION 2. In Colorado Revised Statutes, add 26-2-140 as follows:
26-2-140. Colorado diaper distribution program - diapering
essentials - report - rules - definitions - repeal. (1) AS USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "DIAPER DISTRIBUTION CENTER" MEANS A COMMUNITY-BASED
DIAPER BANK OR DISTRIBUTION CENTER OPERATING IN COLORADO, A PUBLIC
HEALTH AGENCY CREATED PURSUANT TO SECTION 25-1-506, OR A COLORADO
NONPROFIT ORGANIZATION WITH A MINIMUM OF THREE YEARS EXPERIENCE
DISTRIBUTING BABY OR TODDLER PRODUCTS.
(b) "DIAPERING ESSENTIALS" INCLUDES DIAPERS, WIPES, AND DIAPER
CREAMS.
(c) "ELIGIBLE INDIVIDUAL" MEANS A PARENT, GUARDIAN, OR FAMILY
MEMBER OF A CHILD WHO WEARS DIAPERS AND RESIDES IN COLORADO.
(d) "PROGRAM" MEANS THE COLORADO DIAPER DISTRIBUTION
PROGRAM CREATED IN SECTION SUBSECTION (2) OF THIS SECTION.
(2) THERE IS CREATED IN THE STATE DEPARTMENT THE COLORADO
DIAPER DISTRIBUTION PROGRAM TO PROVIDE DIAPERING ESSENTIALS TO
ELIGIBLE INDIVIDUALS.
(3) NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE STATE DEPARTMENT SHALL SOLICIT INTEREST AND COST
DISTRIBUTION PROPOSALS FROM DIAPER DISTRIBUTION CENTERS TO ADMINISTER
THE PROGRAM. UPON THE STATE DEPARTMENT'S APPROVAL, THE DIAPER
DISTRIBUTION CENTERS MAY SUBCONTRACT MONEY RECEIVED PURSUANT TO
THIS SECTION TO THEIR PARTNERS AS NECESSARY TO SERVE ELIGIBLE
INDIVIDUALS. THE SELECTED DIAPER DISTRIBUTION CENTERS MUST BE
OPERATIONAL NO LATER THAN THIRTY DAYS AFTER ENTERING INTO A CONTRACT
WITH THE STATE DEPARTMENT. THE SELECTION PROCESS DESCRIBED IN THIS
SUBSECTION (3) IS NOT SUBJECT TO THE "PROCUREMENT CODE", ARTICLES 101
TO 112 OF TITLE 24.
(4) THE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE
IMPLEMENTATION OF THIS SECTION.
(5) FOR THE 2021-22 STATE FISCAL YEAR, THE STATE DEPARTMENT
SHALL SUBMIT A PRELIMINARY REPORT, AND BEGINNING IN STATE FISCAL YEAR
2022-23, AND EACH FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL
REPORT TO THE PUBLIC THROUGH THE ANNUAL HEARING, PURSUANT TO THE
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2. AT A
MINIMUM, THE REPORT MUST INCLUDE:
(a) THE TOTAL NUMBER OF DIAPER DISTRIBUTION CENTERS
CONTRACTED WITH THE STATE DEPARTMENT PURSUANT TO SUBSECTION (2) OF
THIS SECTION, INCLUDING ANY SUBCONTRACTORS;
(b) THE TOTAL AMOUNT OF MONEY AWARDED TO EACH DIAPER
DISTRIBUTION CENTER;
(c) THE LOCATION OF EACH DIAPER DISTRIBUTION CENTER AND THE
COUNTIES SERVED; AND
(d) THE TOTAL NUMBER OF ELIGIBLE INDIVIDUALS WHO RECEIVED
DIAPERING ESSENTIALS EACH YEAR, DISAGGREGATED BY EACH MONTH.
(6) (a) FOR STATE FISCAL YEARS 2021-22 AND 2022-23, THE GENERAL
ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE GENERAL
FUND TO THE STATE DEPARTMENT FOR USE BY THE DIAPER DISTRIBUTION
CENTERS FOR THE IMPLEMENTATION OF THIS SECTION. THE STATE DEPARTMENT
MAY USE UP TO ONE HUNDRED THOUSAND DOLLARS OR SEVEN AND A HALF
PERCENT OF ANY MONEY APPROPRIATED BY THE GENERAL ASSEMBLY FOR
ADMINISTRATIVE COSTS INCURRED BY THE STATE DEPARTMENT PURSUANT TO
THIS SECTION.
(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2024.".

Page 4, strike lines 1 through 24.


Health &
Human
Services


Senate Journal, April 30
After consideration on the merits, the Committee recommends that SB21-027 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 4, before line 25 insert:

"SECTION 3. Appropriation. For the 2021-22 state fiscal year,
$2,000,000 is appropriated to the department of human services for use by the
office of self sufficiency. This appropriation is from the general fund and is
based on an assumption that the office will require an additional 1.9 FTE. To
implement this act, the office may use this appropriation for the Colorado
diaper distribution program.".

Renumber succeeding section accordingly.


Appro-
priations



Senate Journal, May 6
SB21-027 by Senator Pettersen; also Representative Gonzales-Gutierrez and Tipper--
Concerning emergency supplies for Colorado babies and families, and, in
connection therewith, providing diapering essentials through diaper
distribution centers and making an appropriation.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 4, page(s) 184-185 and placed in
members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 30, page(s) 706-707 and placed in
members' bill files.)

Amendment No. 3(L.007), by Senator Pettersen.

Amend the Health and Human Services Committee Report, dated March 3,
2021, page 1, line 5, strike "definitions - repeal." and substitute
"definitions.".

Page 1, line 22, after "(3)" insert "(a)".

Page 2, after line 9 insert:

"(b) NOTWITHSTANDING THE REQUIREMENT IN SUBSECTION (3)(a) OF
THIS SECTION, THE SELECTED DIAPER DISTRIBUTION CENTERS MAY OPERATE
FOR NOT MORE THAN TWELVE MONTHS AFTER WHICH THE STATE
DEPARTMENT MUST COMMENCE A SELECTION PROCESS THAT COMPLIES WITH
THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24.".

Page 2, line 21, strike "(2)" and substitute "(3)".

Page 2, strike line 28 and substitute:

"(6) FOR STATE FISCAL YEAR 2021-22, AND EACH STATE FISCAL YEAR
THEREAFTER, THE".

Page 2, line 35, strike "SECTION." and substitute "SECTION.".".

Page 2, strike line 36.

As amended, ordered engrossed and placed on the calendar for third reading and
final passage.



House Journal, May 25
4 SB21-027 be amended as follows, and as so amended, be referred to
5 the Committee on Appropriations with favorable
6 recommendation:
7
8 Amend reengrossed bill, page 5, lines 9 and 10, strike "AND EACH STATE
9 FISCAL YEAR THEREAFTER,".
10
11

House Journal, June 3
39 SB21-027 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 3, after line 8 insert:
44
45 "(3) (a) In addition, the general assembly further finds and
46 declares that:
47 (I) The federal government enacted the "American Rescue Plan
48 Act of 2021" to provide support to state, local, and tribal governments in
49 responding to the impact of COVID-19 and to assist their efforts to
50 contain the effects of COVID-19 on their communities, residents, and
51 businesses. Under the federal act, the state of Colorado received over
52 three billion dollars to be used for the purposes identified in the federal
53 act;
54
1 (II) Regulations construing the federal act promulgated by the
2 United States treasury identify a nonexclusive list of uses that address a
3 broad range of public health needs exacerbated by the pandemic. Under
4 these regulations, funds may be used for addressing the negative
5 economic impacts caused by the public health emergency, including food
6 assistance for households facing food insecurity; and
7 (III) The COVID-19 public health emergency has created an
8 exponential need for emergency food resources for all emergency food
9 providers and has upended many Colorado families' economic security
10 and resulted in hunger insecurity.
11 (b) Therefore, the general assembly declares that the food pantry
12 assistance program funded by transfers in this bill are appropriate uses of
13 the money transferred to Colorado under the federal act. This money will
14 be put to expeditious and efficient use in expanding access to food
15 assistance across the state.".
16
17 Page 5, after line 16 insert:
18
19 "SECTION 3. In Colorado Revised Statutes, 26-2-139, amend
20 (2), (3)(a), (3)(b), and (4)(a) introductory portion; and add (4.5) as
21 follows:
22 26-2-139. Food pantry assistance grant program - created -
23 timeline and criteria - grants - definitions - repeal. (2) There is created
24 in the state department the food pantry assistance grant program. The
25 purpose of the grant program is to aid Colorado food pantries and food
26 banks in the purchase of foods that better meet the needs of their
19 27 clientele, which has expanded significantly as a result of the COVID-
28 public health emergency. It is the intent of the general assembly that all
29 money awarded by the grant program is expended by July 31, 2021 JULY
30 1, 2022.
31 (3) (a) The state department may create a process for soliciting,
32 vetting, awarding, and monitoring grants, pursuant to the sole source
33 procurement authority specified in section 24-103-205 CONTRACT WITH
34 A THIRD PARTY VENDOR TO SOLICIT, VET, AWARD, AND MONITOR GRANTS.
35 THE SELECTION OF ANY VENDOR PURSUANT TO THIS SUBSECTION (3)(a) IS
36 EXEMPT FROM THE REQUIREMENTS OF THE "PROCUREMENT CODE",
37 ARTICLES 101 TO 112 OF TITLE 24.
38 (b) The state department is authorized to use seventy thousand
39 dollars UP TO FIVE PERCENT of the total funds appropriated to the grant
40 program for the direct and indirect costs of administering and monitoring
41 the grant program.
42 (4) (a) On or before December 30, 2020, but as soon as
43 practicable after June 22, 2020, The state department OR THIRD PARTY
44 VENDOR shall award one or more grants out of the federal CARES Act to
45 eligible entities On or before March 31, 2021, but as soon as practicable
46 after the effective date of this section the state department shall award one
47 or more grants to eligible entities using state money appropriated to the
48 grant program. In awarding grants, the state department shall, at a
49 minimum, consider:
50 (4.5) (a) FOR STATE FISCAL YEAR 2021-22, THE GENERAL
51 ASSEMBLY SHALL APPROPRIATE FIVE MILLION DOLLARS FROM THE
52 ECONOMIC RECOVERY AND RELIEF CASH FUND, CREATED IN SECTION
53 24-75-228, AS ENACTED BY SENATE BILL 21-291, ENACTED IN 2021, TO
54 THE STATE DEPARTMENT FOR THE GRANT PROGRAM THAT CONFORMS WITH
55 THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL "AMERICAN
56 RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY BE
1 SUBSEQUENTLY AMENDED.
2 (b) THIS SUBSECTION (4.5) IS REPEALED, EFFECTIVE JULY 1, 2023.".
3
4 Renumber succeeding sections accordingly.
5
6 Page 5, line 18, strike "For" and substitute "(1) For".
7
8 Page 5, after line 23 insert:
9
10 "(2) For the 2021-22 state fiscal year, $5,000,000 is appropriated
11 to the department of human services for use by the office self sufficiency.
12 This appropriation is from the economic recovery and relief cash fund
13 created in section 24-75-228, C.R.S., and of money the state receives
14 from the federal coronavirus state fiscal recovery fund. To implement this
15 act, the office may use this appropriation for the food pantry assistance
16 grant program created in section 26-2-139 (2), C.R.S.
17 SECTION 5. Effective date. Section 3 of this act takes effect
18 only if Senate Bill 21-288 becomes law, and, in which case, section 3 of
19 this act takes effect either upon the effective date of this act or one day
20 after the effective date of Senate Bill 21-288, whichever is later.".
21
22 Renumber succeeding section accordingly.
23
24

House Journal, June 3
44 Amendment No. 1, Appropriations Report, dated June 3, 2021, and
45 placed in member's bill file; Report also printed in House Journal, June
46 3, 2021.
47
48 Amendment No. 2, Public & Behavioral Health & Human Services
49 Report, dated May 25, 2021, and placed in member's bill file; Report also
50 printed in House Journal, May 25, 2021.
51
52 As amended, ordered revised and placed on the Calendar for Third
53 Reading and Final Passage.
54
55