HomeMy WebLinkAbout951406.tiffSTATE OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES
wtFICE OF EXECUTIVE DIRECTOR
1575 Sherman Street
Denver Colorado 80203-1714
Phone (303) 866-5096
TDD (303) 866-6293
FAX (303) 866-4214
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
Managing Director
MEMORANDUM
TO: DIRECTORS
COUNTY DEPARTMENT OF SOCIAL SERVICES
FROM: Karen
Beye
Managing Director 141AS
DATE: June 9, 1995
SUBJECT: SB-95-205 Veto Message
As I am sure you have heard, on June 5, 1995 Governor Romer vetoed SB-95-205 which dealt
with the mechanisms for handling county turnbacks of social services programs and incentives for
counties not to tumback social services programs. The Governor's action was directly related to
the June 5th decision rendered by the Colorado Supreme Court in Romer v. Board of County
Commissioners for the County of Weld. State of Colorado, No. 94SC 140. In its decision, the
Court held that the county is a subdivision of the state and that a state cannot "subsidize" itself
Therefore, counties cannot reduce or end their contributions to state mandated programs. This
includes social services, court costs, sheriffs, and other mandated programs.
Given the state policy implications beyond the Department of Social Services resulting from the
Court decision, the Governor's signature on SB-205 would have been contrary to the Supreme
Court decision. The Governor was able to discuss these implications with members of the Joint
Budget Committee (JBC) (the sponsors of SB-205) and understands that 5 of the 6 JBC members
concurred with the decision to veto SB-205.
Governor Romer and the Department were and continue to be very supportive of the partnership
and good faith effort embodied in SB-205 to improve the provision of social services. The
Governor and the JBC have agreed to pursue a follow-up bill next year.
Building Partnerships to Improve Opportunities for Safety. Self-Su18clency. and Dignity for the People of Colorado 951406
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MEMORANDUM
Directors, County Departments of Social Services
June 9, 1995
Page 2
I was pleased by the relationship that developed between the counties and the State Department in
the crafting of SB-205. Some of the incentives such as CBMS and the JOBS program
enhancements that were included in this bill were very high priority issues for us at the
Department as well as the counties. It is my hope that we can move forward to consider not only
the 13 initiatives included in SB-205, but others that might be appropriate in the 1996 legislation.
To accomplish this task, I will be asking a group of county directors of local departments of social
services to meet with me to consider additional incentives which we will jointly propose to the
JBC for inclusion in county incentive/county financing of social services legislation for 1996.
While I know that the veto of SB-205 is a blow to many individuals who worked hard on this
legislation, the opportunity for a continued, strengthened state/local partnership continues to be
very apparent and strongly supported by this Department and Governor Romer. Attached is a
copy of Governor Romer's veto message of SB-205 which clearly articulates his position.
KB:mkh
Attachment
cc: Governor Roy Romer
Senate/House HEW' Members
State Board of Human Services
County Boards of Social Services
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VVI
STATE OF COLORADO
EXECUTIVE CHAMBERS
136 State Capitol
Denver, Colorado 80203-1792
Phone (303) 866.2471
June 5, 1995
Roy Romer
Governor
The Honorable Colorado Senate
Sixtieth General Assembly
First Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I am returning to the Secretary of State Senate Bill 205,
"Concerning Turnbacks of Programs Provided Pursuant to Title
26 of the Colorado Revised Statutes by Counties Under Section
20 (9) of Article X of the Colorado Constitution, and,, in
Connection Therewith, Providing Procedures in the Event.of
Such Turnback and Incentives not to Turn Back Program and
Making Appropriations," which I vetoed today at
This letter sets forth my reasoning for vetoing the bill.
S.B. 205 establishes procedures for counties to turn vback
local social service programs to the state, and p
s
incentives to keep counties from turning back these programs,
under the provisions of Section 20 (9) of. Article X of the
Colorado Constitution. I supported the bill during the
session based on assumptions we operated under when it was
being considered. However, a decision rendered by the
Colorado Supreme Court today, draer matically Bens oard of County
basic
Commissioners (No. 94SC140), Y a
assumptions.
The Supreme Court's decision holds that counties may not turn
back funding responsibilities for social services to the
state. This decision makes S.B. 205 unnecessary Sand
inconsistent with the Court's interpretation of the
It h this decision
available, the General Assemblywould not have pased S.B.
205 in its current form.
I am reluctant to veto a bill that was negotiated in good
faith by a number of parties, including the counties.
However, I cannot sign a bill that could jeopardize this
important legal decision affecting the relationship between
state and county governments.
I appreciate that counties are under pressure to operate and
implement programs with increasing efficiency, as mandates
and caseloads continue to increase. They have many competing
priorities for county dollars. I also recognize that
counties have been excellent partners with the state in
needltolcontinueinitiatives
important improve
We
valuable partnership
The Honorable Colorado Senate
June 5, 1995
Page Two
To that end, S.B. 205 contains a number of incentives to the
counties which improve how social services are delivered in
Colorado. I support these, incentives, and have spoken with
the sponsors of S.B. 205, the members of the Joint Budget
Committee. They have assured me that they plan to sponsor a
bill next year to include incentives to counties for improved
delivery of social services.
I am therefore vetoing this bill to prevent further legal
argument over this issue. But I am committed to work with
our partners at the county level to improve the delivery of
our social services through certain incentives.
Sinc
Roy R
Gover •r
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