NOTE: The governor signed this measure on 6/8/2016. SENATE BILL 16-182 BY SENATOR(S) Lambert, Grantham, Steadman, Hill, Kefalas; also REPRESENTATIVE(S) Young, Hamner, Rankin, Fields, Ginal, Lontine, Rosenthal, Ryden. Concerning technical revisions to the statutes governing the division of vocational rehabilitation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Session Laws of Colorado 2015, section 1 of chapter 160, amend (1) (a) as follows: Section 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The general assembly is committed to strengthening the programs of rehabilitation of disabled and nondisabled persons with or without disabilities to the end that those persons may attain their maximum potential in employment, self-care self-sufficiency, and independent living; SECTION 2. In Colorado Revised Statutes, 8-84-104, amend as it will become effective July 1, 2016, (1) (c); and repeal as they will become effective July 1, 2016, (1) (a) and (1) (d) as follows: 8-84-104. Functions of the department. (1) The department shall manage, control, and supervise all rehabilitation programs provided in this article, including: (a) All duties and functions previously assigned to the vocational rehabilitation division of the state board of vocational education; (c) All duties and functions regarding vocational rehabilitation programs previously assigned to the division of vocational rehabilitation in the department of human services or any other duties and functions relating to vocational rehabilitation previously assigned to the department of human services; and (d) All duties and functions relating to home teaching of and teachers for the adult blind vested in, exercised by, or imposed upon the department of human services or its predecessors prior to July 1, 1973, whether by law, rule, or regulation; and SECTION 3. In Colorado Revised Statutes, 8-84-105, amend as it will become effective July 1, 2016, (1) (a); and add (1) (b.5) as follows: 8-84-105. Administration - rules. (1) The department shall: (a) Adopt rules governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, the investigation and determination of eligibility for vocational rehabilitation services, procedures for fair hearings, the establishment and operation of rehabilitation facilities and workshops, and other rules as necessary to carry out the purposes of this article; (b.5) Accept and expend money from governmental and nongovernmental entities to carry out the division's authorized powers and duties; and SECTION 4. In Colorado Revised Statutes, 8-84-106, amend as they will become effective July 1, 2016, (2) (b), (2) (g), (3) (a), (3) (b) (VIII), and (3) (c) (II); and repeal as they will become effective July 1, 2016, (2) (c) and (2) (e) as follows: 8-84-106. Rehabilitation of persons with disabilities. (2) The department shall: (b) Enter into reciprocal collaborative agreements with other states, in accordance with applicable federal law and regulations, to provide for the services authorized by this article; to residents of the states concerned; (c) Establish and operate rehabilitation facilities and workshops and make grants to public and other nonprofit organizations for those purposes; (e) Provide training and instruction, including the establishment and maintenance of research fellowships and traineeships with stipends and allowances as necessary, in matters relating to vocational rehabilitation; (g) Provide medical, diagnostic, physical restoration, training, and other rehabilitation services as needed to enable persons with disabilities to attain the maximum degree of self-care self-sufficiency. (3) (a) The department shall provide vocational rehabilitation services directly or through public or private instrumentalities to or for the benefit of an applicant or eligible person with a disability who: (I) Is residing present in the state at the time of filing an application for the services; and (II) (A) The department determines, after full investigation, can satisfactorily achieve rehabilitation. or (B) Is eligible for vocational rehabilitation services under the terms of an agreement with another state or the federal government. (b) The state department shall: (VIII) Establish a review process to allow for exceptions to the requirements of subparagraphs (I) to (VII) of this paragraph (a) paragraph (b) in unique cases, in accordance with federal regulations. (c) (II) The department shall provide the following services at public cost without consideration of financial need: (A) Diagnostic and related assessments, including transportation necessary to obtain the assessment, that are required to determine eligibility for services and the nature and scope of the services to be provided; (B) Vocational rehabilitation counseling and guidance; (C) Referral; (D) Personal assistance training services; (E) Auxiliary aids or services, including interpreter and reader services; (F) Job search and placement assistance; and (G) Job retention services. SECTION 5. Effective date. This act takes effect July 1, 2016. SECTION 6. 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. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Effie Ameen Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO