First Regular Session
Sixty-second General Assembly
LLS NO. 99-0424.01 Beth Braby SENATE BILL 99-047
STATE OF COLORADO
BY SENATOR Tanner
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE "COLORADO WELLNESS PROGRAM ACT".
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the "Colorado Wellness Program Act". Establishes a
wellness council within the department of personnel.
Requires state agencies, including the judicial department and the
legislative branch of the state government, to appoint one wellness
coordinator by a date certain to serve on the wellness council for no more
than 2 consecutive 3-year terms. States that members of the wellness
council serve without compensation other than reimbursement of actual
and necessary traveling and subsistence expenses incurred in the
performance of their duties.
Requires the wellness council to meet quarterly. Directs the
executive director of the department of personnel to designate a person
to serve as the state government wellness coordinator and chairperson of
the wellness council.
Outlines the powers and duties of the wellness council. Directs
the chairperson of the wellness council to appoint a 3-member wellness
coordinating committee to coordinate wellness efforts with other
health-related state agencies.
Provides for the acceptance and expenditure of donations and
grants from public or private sources to implement wellness programs
throughout the state. Creates the wellness program fund for the deposit
of said donations and grants.
Repeals the wellness council and the entire "Colorado Wellness
Program Act" on a date certain.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 30 of title 24, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
4 PART 20
5 COLORADO WELLNESS PROGRAM
6 24-30-2001. Short title. THIS PART 20 SHALL BE KNOWN AND
7 MAY BE CITED AS THE "COLORADO WELLNESS PROGRAM ACT".
8 24-30-2002. Definition. AS USED IN THIS PART 20, UNLESS THE
9 CONTEXT OTHERWISE REQUIRES:
10 (1) "STATE AGENCY" MEANS ANY PRINCIPAL DEPARTMENT
11 SPECIFIED IN SECTION 24-1-110, THE JUDICIAL DEPARTMENT, OR THE
12 LEGISLATIVE BRANCH OF STATE GOVERNMENT.
13 24-30-2003. Wellness council - created - membership -
14 meetings. (1) THERE IS HEREBY CREATED IN THE DEPARTMENT OF
15 PERSONNEL THE WELLNESS COUNCIL. THE WELLNESS COUNCIL SHALL
16 EXERCISE ITS POWERS AND PERFORM ITS FUNCTIONS UNDER THE
17 DEPARTMENT OF PERSONNEL AS IF THE SAME WERE TRANSFERRED TO THE
18 DEPARTMENT BY A TYPE 2 TRANSFER, AS SUCH TRANSFER IS DEFINED IN
19 THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF THIS
20 TITLE.
21 (2) (a) THE WELLNESS COUNCIL SHALL BE COMPOSED OF THE
22 REPRESENTATIVES FROM EACH STATE AGENCY THAT HAVE BEEN
23 DESIGNATED TO SERVE AS THE WELLNESS COORDINATOR FOR A STATE
24 AGENCY.
25 (b) EACH STATE AGENCY SHALL APPOINT A WELLNESS
26 COORDINATOR FOR THAT AGENCY NO LATER THAN OCTOBER 1, 1999.
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1 EACH WELLNESS COORDINATOR SHALL SERVE FOR A TERM OF THREE
2 YEARS. NO WELLNESS COORDINATOR MAY SERVE FOR MORE THAN TWO
3 CONSECUTIVE TERMS. IF A WELLNESS COORDINATOR CAN NO LONGER
4 SERVE FOR ANY REASON, THE APPOINTING STATE AGENCY SHALL APPOINT
5 AN INTERIM WELLNESS COORDINATOR TO FILL THE VACANCY FOR THE
6 UNEXPIRED TERM.
7 (3) THE MEMBERS OF THE WELLNESS COUNCIL SHALL SERVE
8 WITHOUT COMPENSATION; EXCEPT THAT MEMBERS SHALL BE REIMBURSED
9 FOR THEIR ACTUAL AND NECESSARY TRAVELING AND SUBSISTENCE
10 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS
11 MEMBERS OF THE WELLNESS COUNCIL.
12 (4) THE WELLNESS COUNCIL SHALL MEET AT LEAST QUARTERLY
13 AND MAY MEET MORE OFTEN AS NECESSARY. THE FIRST MEETING OF THE
14 WELLNESS COUNCIL SHALL BE CALLED BY THE EXECUTIVE DIRECTOR OF
15 THE DEPARTMENT OF PERSONNEL. THE EXECUTIVE DIRECTOR SHALL
16 DESIGNATE A PERSON TO SERVE AS THE STATE GOVERNMENT WELLNESS
17 COORDINATOR. THE STATE GOVERNMENT WELLNESS COORDINATOR SHALL
18 SERVE AS THE CHAIRPERSON OF THE WELLNESS COUNCIL. THE
19 CHAIRPERSON SHALL PRESIDE OVER MEETINGS OF THE WELLNESS COUNCIL
20 AND PERFORM SUCH OTHER DUTIES AS MAY BE REQUIRED BY THE
21 WELLNESS COUNCIL. THE WELLNESS COUNCIL SHALL ELECT ONE OF ITS
22 MEMBERS TO SERVE AS VICE-CHAIRPERSON WHO SHALL PERFORM THE
23 DUTIES OF THE CHAIRPERSON IN THE ABSENCE OF THE CHAIRPERSON OR
24 UPON THE INABILITY OR REFUSAL OF THE CHAIRPERSON TO ACT.
25 (5) A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL
26 CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS.
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1 24-30-2004. Wellness council - duties. (1) THE WELLNESS
2 COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
3 (a) TO COORDINATE AND DEVELOP WELLNESS PROGRAMS IN STATE
4 GOVERNMENT; AND
5 (b) TO WORK TO ENCOURAGE PARTICIPATION IN WELLNESS
6 PROGRAMS BY STATE EMPLOYEES.
7 24-30-2005. Wellness coordinating committee - powers and
8 duties - wellness program fund. (1) (a) THE CHAIRPERSON OF THE
9 WELLNESS COUNCIL SHALL APPOINT A WELLNESS COORDINATING
10 COMMITTEE COMPOSED OF THREE MEMBERS. THE MEMBERS OF THE
11 WELLNESS COORDINATING COMMITTEE SHALL BE SELECTED FROM AMONG
12 MEMBERS OF THE WELLNESS COUNCIL. THE CHAIRPERSON OF THE
13 WELLNESS COUNCIL SHALL APPOINT ANOTHER MEMBER OF THE WELLNESS
14 COUNCIL TO SERVE ON THE WELLNESS COORDINATING COMMITTEE IN THE
15 EVENT OF A VACANCY.
16 (b) THE WELLNESS COORDINATING COMMITTEE SHALL HAVE THE
17 FOLLOWING DUTIES:
18 (I) TO MEET WITH AND COORDINATE WELLNESS EFFORTS WITH THE
19 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL AND THE TOTAL
20 COMPENSATION ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION
21 24-50-104 (3);
22 (II) TO ACCEPT GRANTS AND DONATIONS OF ANY KIND FROM ANY
23 PRIVATE OR PUBLIC SOURCE FOR ANY PURPOSE CONNECTED WITH ITS WORK
24 AND THE WORK OF THE WELLNESS COUNCIL AND TO EXPEND MONEYS FROM
25 THE WELLNESS PROGRAM FUND CREATED IN SUBSECTION (2) OF THIS
26 SECTION FOR ANY PURPOSE CONSISTENT WITH THE TERMS AND CONDITIONS
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1 UNDER WHICH GIVEN; EXCEPT THAT NO GRANT OR DONATION SHALL BE
2 ACCEPTED IF THE CONDITIONS ATTACHED TO THE GRANT OR DONATION
3 REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW;
4 AND
5 (III) TO ESTABLISH METHODS BY WHICH, AND A PLAN OF ACTION
6 FOR, SOLICITING AND RECEIVING MONEY THROUGH GRANTS AND
7 DONATIONS FROM PUBLIC AND PRIVATE FUNDS TO IMPLEMENT WELLNESS
8 PROGRAMS THROUGHOUT THE STATE.
9 (2) ALL PUBLIC AND PRIVATE FUNDS RECEIVED THROUGH GRANTS
10 AND DONATIONS FOR WELLNESS PROGRAMS THROUGHOUT THE STATE
11 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT
12 THE SAME TO THE WELLNESS PROGRAM FUND, WHICH FUND IS HEREBY
13 CREATED. THE WELLNESS PROGRAM FUND SHALL BE ADMINISTERED BY
14 THE WELLNESS COORDINATING COMMITTEE, WHICH COMMITTEE MAY
15 EXPEND MONEYS IN THE FUND FOR PURPOSES OF IMPLEMENTING AND
16 ADMINISTERING WELLNESS PROGRAMS THROUGHOUT THE STATE. ALL
17 INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF
18 MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS
19 NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE
20 TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE
21 END OF ANY FISCAL YEAR.
22 24-30-2006. Repeal of part. (1) THIS PART 20 IS REPEALED,
23 EFFECTIVE JULY 1, 2004.
24 (2) PRIOR TO SUCH REPEAL, THE WELLNESS PROGRAM AND THE
25 WELLNESS COUNCIL SHALL BE REVIEWED AS PROVIDED FOR IN SECTION
26 24-34-104.
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1 SECTION 2. 24-50.3-104 (2), Colorado Revised Statutes, is
2 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3 24-50.3-104. Powers and duties of executive director. (2) In
4 addition to all other powers and duties conferred or imposed upon the
5 executive director by this article or any other law, the executive director
6 shall:
7 (g) HAVE THE AUTHORITY TO CARRY OUT THE PROVISIONS OF PART
8 20 OF ARTICLE 30 OF THIS TITLE.
9 SECTION 3. 24-34-104 (34), Colorado Revised Statutes, is
10 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
11 24-34-104. General assembly review of regulatory agencies and
12 functions for termination, continuation, or reestablishment. (34) The
13 following agencies, functions, or both, shall terminate on July 1, 2004:
14 (h) THE WELLNESS COUNCIL CREATED BY PART 20 OF ARTICLE 30
15 OF THIS TITLE.
16 SECTION 4. 24-1-128, Colorado Revised Statutes, is amended
17 BY THE ADDITION OF A NEW SUBSECTION to read:
18 24-1-128. Department of personnel - creation - repeal.
19 (8) (a) THE WELLNESS COUNCIL, CREATED BY PART 20 OF ARTICLE 30 OF
20 THIS TITLE, SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND
21 FUNCTIONS AS IF IT WERE TRANSFERRED BY A TYPE 2 TRANSFER TO THE
22 DEPARTMENT OF PERSONNEL.
23 (b) THIS SUBSECTION (8) IS REPEALED, EFFECTIVE JULY 1, 2004,
24 UNLESS THE WELLNESS COUNCIL IS CONTINUED AFTER REVIEW PURSUANT
25 TO SECTION 24-34-104 (34).
26 SECTION 5. Effective date. This act shall take effect July 1,
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1 1999.
2 SECTION 6. Safety clause. The general assembly hereby finds,
3 determines, and declares that this act is necessary for the immediate
4 preservation of the public peace, health, and safety.