First Regular Session
Sixty-second General Assembly
LLS NO. 99-0135.01 Debbie Haskins SENATE BILL 99-062
STATE OF COLORADO
BY SENATOR Epps
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING THE REQUIREMENTS FOR APPROVAL OF AN INDEPENDENT
102 LIVING CENTER BY THE DEPARTMENT OF HUMAN SERVICES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Specifies requirements that independent living centers must meet
as a condition of approval to provide independent living services to
clients pursuant to a contract with the department of human services.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 26-8.1-107 (1), Colorado Revised Statutes, is
3 amended to read:
4 26-8.1-107. Approval of independent living centers - evaluation
5 standards. (1) ON OR AFTER JULY 1, 1999, the following requirements
6 shall be met by each independent living center as a condition of the
7 approval of its program TO PROVIDE SERVICES PURSUANT TO CONTRACT:
8 (a) The program shall be under the control and direction of a
9 board of directors or trustees of a nonprofit corporation OPERATING
10 PURSUANT TO 26 U.S.C. SEC. 501 (c) (3) OF THE FEDERAL "INTERNAL
11 REVENUE CODE OF 1986", AS AMENDED, the members of which shall be
[ ] 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.
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1 persons with a demonstrated interest in programs for persons with
2 disabilities and fifty-one percent or more of the members of the board
3 shall be persons with disabilities;
4 (b) The independent living center shall be staffed with fifty-one
5 percent or more of persons with disabilities;
6 (c) The independent living center shall comply with all of the
7 provisions of this article and the rules promulgated thereunder;
8 (d) THE INDEPENDENT LIVING CENTER SHALL RECEIVE A SPECIFIED
9 PERCENTAGE OF ITS OPERATING FUNDS FROM THE LOCAL COMMUNITY, AS
10 DETERMINED BY THE STATE DEPARTMENT;
11 (e) THE INDEPENDENT LIVING CENTER SHALL HAVE BEEN
12 OPERATING IN AND MEETING THE NEEDS OF THE COMMUNITY FOR AT LEAST
13 TWO YEARS;
14 (f) THE INDEPENDENT LIVING CENTER SHALL BE FINANCIALLY
15 SOUND; AND
16 (g) TWO-THIRDS OF THE MEMBERS OF THE STATE INDEPENDENT
17 LIVING COUNCIL, CREATED PURSUANT TO FEDERAL LAW, SHALL MAKE A
18 FINDING THAT THE FUNDING FOR OTHER APPROVED INDEPENDENT LIVING
19 CENTERS ALREADY UNDER CONTRACT WITH THE STATE DEPARTMENT
20 WOULD NOT BE JEOPARDIZED OR DECREASED AS A RESULT OF THE
21 APPROVAL OF A NEW INDEPENDENT LIVING CENTER.
22 SECTION 2. Effective date - applicability. This act shall take
23 effect July 1, 1999, and shall apply to applications for approval by
24 independent living centers submitted to the department of human services
25 on or after said date.
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1 SECTION 3. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the|~ immediate
|~ 3 preservation of the public peace, health, and safety.