Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0672.01D MKD SENATE BILL 97­232

STATE OF COLORADO

BY SENATOR Feeley;

also REPRESENTATIVE Sullivant.

REENGROSSED

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING THE CREATION OF THE COLORADO COUNCIL FOR PERSONS WITH DISABILITIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the Colorado council for persons with disabilities within the office of the governor. Specifies the composition of and sets forth the duties of the council. Provides that council members shall not be compensated but shall be reimbursed for reasonable and necessary expenses incurred in carrying out their official duties. Allows the council to receive grants from state departments, agencies, or offices for operating costs and expenses.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 49.7

Colorado Council for Persons with Disabilities

24­49.7­101.  Colorado council for persons with disabilities ­ creation ­ membership ­ compensation. (1)  THERE IS HEREBY CREATED WITHIN THE OFFICE OF THE GOVERNOR THE COLORADO COUNCIL FOR PERSONS WITH DISABILITIES, REFERRED TO IN THIS ARTICLE AS THE "COUNCIL".

(2)  THE COUNCIL SHALL BE COMPOSED OF NO MORE THAN TWENTY MEMBERS.

(3)  THE GOVERNOR SHALL APPOINT ALL COUNCIL MEMBERS. MEMBERS SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. ANY VACANCY OCCURRING ON THE COUNCIL SHALL BE FILLED BY THE GOVERNOR BY THE APPOINTMENT OF A DULY QUALIFIED PERSON. INITIAL APPOINTMENTS TO THE COUNCIL SHALL BE MADE WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.

(4)  THE GOVERNOR SHALL DESIGNATE A MEMBER OF THE COUNCIL AS CHAIRPERSON OF THE COUNCIL WHO IS RECOGNIZED FOR HIS OR HER KNOWLEDGE, EXPERIENCE, AND INTEREST IN ISSUES AFFECTING PERSONS WITH DISABILITIES. THE CHAIRPERSON SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND SHALL ADVISE THE GOVERNOR AND THE GENERAL ASSEMBLY WITH RESPECT TO ISSUES AFFECTING PERSONS WITH DISABILITIES IN COLORADO.

(5)  IN MAKING APPOINTMENTS PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE GOVERNOR SHALL ENDEAVOR TO ENSURE THAT MEMBERSHIP OF THE COUNCIL REFLECTS THE DIVERSE INTERESTS OF THE DISABLED COMMUNITY AND THAT THE COUNCIL INCLUDES REPRESENTATIVES OF RURAL AREAS OF THE STATE. OVER FIFTY PERCENT OF THE COUNCIL SHALL CONSIST OF PERSONS WITH DISABILITIES.

(6)  MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION BUT MAY BE REIMBURSED FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE COUNCIL MAY RECEIVE AND UTILIZE GRANTS FROM PRIVATE SOURCES, STATE DEPARTMENTS, AGENCIES, AND OFFICES FOR ITS OPERATING COSTS AND EXPENSES.

(7)  THE COUNCIL SHALL ADOPT RULES RELATING TO ITS INTERNAL OPERATIONS AND MEETING PROCEDURES IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE.

24­49.7­102.  Meetings of council ­ quorum.  THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIRPERSON BUT NOT LESS THAN QUARTERLY. A MAJORITY OF THE MEMBERS APPOINTED TO THE COUNCIL SHALL CONSTITUTE A QUORUM FOR PURPOSES OF CONDUCTING BUSINESS. THE COUNCIL SHALL HOLD AT LEAST TWO PUBLIC MEETINGS PER YEAR OUTSIDE THE DENVER METROPOLITAN AREA.

24­49.7­103.  Council ­ duties and functions. (1)  THE DUTIES OF THE COUNCIL SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:

(a)  TO ENCOURAGE THROUGHOUT THE STATE THE INCLUSION OF PERSONS WITH DISABILITIES IN ALL SEGMENTS OF SOCIETY;

(b)  TO FACILITATE COORDINATION AMONG ALL STATE PROGRAMS, SERVICES, AND PLANS ESTABLISHED FOR OR OTHERWISE AFFECTING PERSONS WITH DISABILITIES;

(c)  TO ADVISE THE GOVERNOR AND THE GENERAL ASSEMBLY ON AREAS OF STATE POLICY AFFECTING PERSONS WITH DISABILITIES,TRANSPORTATION, HEALTH CARE, HOUSING, AND INDEPENDENT LIVING; INCLUDING, BUT NOT LIMITED TO, EDUCATION, EMPLOYMENT, TRANSPORTATION, HEALTH CARE, HOUSING, AND INDEPENDENT LIVING;

(d)  TO ISSUE AN ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY NOT LATER THAN NINETY DAYS AFTER THE END OF EACH STATE FISCAL YEAR CONCERNING THE STATE'S PROGRAMS AND POLICIES ADDRESSING AND AFFECTING PERSONS WITH DISABILITIES;

(e)  TO MONITOR THE IMPLEMENTATION WITHIN THE STATE OF TITLE II OF THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", AS AMENDED;

(f)  TO RECEIVE PUBLIC GRIEVANCES AND INQUIRIES CONCERNING DISABILITY ISSUES AND REFER SUCH GRIEVANCES AND INQUIRIES TO APPROPRIATE STATE DEPARTMENTS, AGENCIES, AND OFFICES; AND

(g)  TO TAKE SUCH STEPS AS MAY BE NECESSARY AND APPROPRIATE TO EDUCATE AND INFORM THE PUBLIC ABOUT ISSUES AND CONCERNS AFFECTING PERSONS WITH DISABILITIES.

SECTION 2.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.