First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0208.01 Jane Ritter HOUSE BILL 09-1048 HOUSE SPONSORSHIP Labuda, SENATE SPONSORSHIP (None), House Committees Senate Committees Health and Human Services A BILL FOR AN ACT Concerning representation by persons impacted by a disability in state work groups that have a primary purpose of addressing issues that affect persons with disabilities. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires a board or commission in state government that has as its primary purpose the creation, implementation, or modification of a program that impacts persons with disabilities to include in its voting membership a person with a disability, a family member of a person with a disability, a member of an advocacy group for persons with disabilities, or any combination thereof. Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 27-3.7-101, Colorado Revised Statutes, is amended to read: 24-3.7-101. Statutory requirements for creation of state boards and commissions. (1) When the general assembly statutorily creates any board or commission in state government, such the statutory provision shall specify a termination date for such the board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such the board or commission, including but not limited to advisory authority, rule-making authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements. (2) A board or commission created in state government by the general assembly that has as its primary purpose the creation, implementation, or modification of a program that impacts persons with disabilities shall include in its voting membership representation from the disability community served. The representation may be a person with a disability, a family member of a person with a disability, a member of an advocacy group for persons with the specific disability being addressed, or any combination thereof. SECTION 2. 22-20-104 (2), Colorado Revised Statutes, is amended to read: 22-20-104. Administration - advisory committee - rules. (2) (a) (I) In order to assist the state board in the performance of its responsibilities for the implementation of this article, the state board shall appoint a state special education advisory committee of an appropriate size and composition. (II) A majority of the members of the advisory committee shall be individuals with disabilities or parents of children with disabilities. (III) Members shall be appointed for one-year or two-year terms. Any additions to the composition of the advisory committee shall be made pursuant to the procedures of the state board. (a.5) The members of the advisory committee shall be representative of the state population and shall be composed of persons involved in or concerned with the education of children with disabilities, including but not limited to: (I) Parents of children with disabilities ages birth through twenty-six years; (II) Individuals with disabilities; (III) Teachers; (IV) Representatives of institutions of higher education that prepare special education and related services personnel; (V) State and local education officials, including officials who carry out activities under section 22-33-103.5; (VI) Administrators of programs for children with disabilities; (VII) Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; (VIII) Representatives of private schools, district charter schools, and institute charter schools; (IX) At least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; (X) A representative from child welfare services in the department of human services established pursuant to section 26-5-102, C.R.S.; and (XI) Representatives from the division of youth corrections in the department of human services and from the department of corrections. A majority of the members of the advisory committee shall be individuals with disabilities or parents of children with disabilities. Members shall be appointed for one-year or two-year terms. Any additions to the composition of the advisory committee shall be made pursuant to the procedures of the state board. (a.7) Appointments to the advisory committee shall comply with section 24-3.7-101 (2), C.R.S. (b) (Deleted by amendment, L. 91, p. 694,  6, effective April 20, 1991.) SECTION 3. 24-45.5-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-45.5-103. Colorado advisory council for persons with disabilities - creation - appointments - meetings. (7) Appointments to the council shall comply with section 24-3.7-101 (2). SECTION 4. 26-1-302, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-1-302. Colorado traumatic brain injury board - creation - powers and duties. (10) Appointments to the board shall comply with section 24-3.7-101 (2), C.R.S. SECTION 5. 26-1-401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-1-401. Colorado autism commission - purpose - creation. (8) Appointments to the commission shall comply with section 24-3.7-101 (2), C.R.S. SECTION 6. 26-8-101, Colorado Revised Statutes, is amended to read: 26-8-101. Rehabilitation programs. In carrying out the provisions of this article, the state department shall be charged with coordinating and strengthening the programs of rehabilitation of disabled and nondisabled persons to the end that rehabilitation programs for persons with disabilities so they may can attain their maximum potential in employment, self-care, and independent living. In doing so, the state department shall actively seek input and participation from persons with disabilities, family members of persons with disabilities, members of advocacy groups for persons with disabilities, or any combination thereof. SECTION 7. 26-8.7-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-8.7-104. Commission created - appointments. (5) Appointments to the commission shall comply with section 24-3.7-101 (2), C.R.S. SECTION 8. 26-21-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-21-104. Commission created - appointments. (5) Appointments to the commission shall comply with section 24-3.7-101 (2), C.R.S. SECTION 9. 27-10-129, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 27-10-129. Advisory board - service standards and regulations. (3) Appointments to the advisory board shall comply with section 24-3.7-101 (2), C.R.S. SECTION 10. 27-10.5-203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 27-10.5-203. Establishment of state council - membership. (9) Appointments to the state council shall comply with section 24-3.7-101 (2), C.R.S. SECTION 11. 27-10.5-404 (1), Colorado Revised Statutes, is amended to read: 27-10.5-404. Administration - duties of department. (1) Subject to annual appropriation by the general assembly, the department shall administer the family support services program and shall coordinate family support services with other existing services provided to families and individuals. Family support services shall be provided in a manner which develops comprehensive, responsive, and flexible support to families in their role as the primary care givers for a family member with a developmental disability. In developing and administering the family support services program, the department shall actively seek input and participation from persons with developmental disabilities, family members of persons with developmental disabilities, members of advocacy groups for persons with developmental disabilities, or any combination thereof. SECTION 12. 27-10.5-703 (1), Colorado Revised Statutes, is amended to read: 27-10.5-703. Administration - duties of department - rules. (1) Subject to annual appropriation from the general assembly, the department shall administer early intervention services and shall coordinate early intervention services with existing services provided to eligible infants and toddlers from birth through two years of age and their families. In so doing, the department shall actively seek input and participation from family members of eligible infants and toddlers from birth through two years of age, members of advocacy groups for such infants and toddlers and their families, or any combination thereof. SECTION 13. 43-1-601, Colorado Revised Statutes, is amended to read: 43-1-601. Transportation services for the elderly and for persons with disabilities. The department of transportation and the executive director thereof are designated and authorized to take all steps and adopt all proceedings necessary to make and enter into such contracts or agreements as may be necessary for state application and administration of the "Federal Transit Act", 49 U.S.C. sec. 5310, specifically designed for state operations including grant programs for the purpose of assisting nonprofit corporations, associations, and public bodies in making available appropriate highway transportation services for the elderly and for persons with disabilities. In performing this work, the said department shall consult with concerned local authorities for a productive statewide coordinated effort and shall prepare a statewide survey showing the transportation needs of elderly and of persons with disabilities in priority order. The department shall also actively seek input and participation from persons with disabilities, family members of persons with disabilities, members of advocacy groups for persons with disabilities, or any combination thereof. The commission shall budget and allocate the amounts to be expended for such purposes in accordance with section 43-1-113. SECTION 14. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.