C.R.S. 26-24-101 Through 106
26-24-101. Legislative declaration
- The general assembly finds and declares that:
- Nearly a half million Coloradans have one or more physical, mental, or developmental disabilities;
- Persons with disabilities are often subject to discrimination in the areas of telecommunications, public services, public accommodations operated by private entities, and employment; and
- The federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended, established principles and guidelines regarding persons with disabilities.
- Therefore, it is in the best interests of the state of Colorado to strive to ensure equality of opportunity, independent living, and economic self-sufficiency for all of the state’s citizens, including persons with disabilities.
- As used in this article 24 unless the context otherwise requires:
- “Council” means the Colorado advisory council for persons with disabilities created in section 26-24-103.
- “Person with a disability” means a person who:
- Has a physical or mental impairment or chronic medical condition that substantially limits one or more of his or her major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
26-24-103. Colorado advisory council for persons with disabilities – creation – appointments – meetings
- The Colorado advisory council for persons with disabilities is created in the state department.
- The council consists of seven voting members and three nonvoting members and must reflect statewide participation and a commitment to the inclusion of persons with disabilities as follows:
- Voting members include:
- Two members selected by the governor; and
- Five members selected by the executive director following a public application process for candidates. Of the five members selected pursuant to this subsection (2)(a)(II), at least three must be either a person with a disability or a family member of a person with a disability; and
- Three nonvoting members, as appointed by the executive director, who must represent three separate types of organizations that provide services to the disability community.
- Council members appointed pursuant to subsection (2)(a)(I) of this section shall serve three-year terms, and council members appointed pursuant to subsections (2)(a)(II) and (2)(b) of this section shall serve two-year terms. Subsequently appointed members shall serve two-year terms.
- The original appointing entity shall appoint a qualified person to fill a vacancy on the council for the remainder of any unexpired term. If the original appointing entity does not appoint a person to fill the vacancy within sixty days after the date the vacancy arises, the speaker of the house of representatives and the president of the senate, within ninety days after the date the vacancy arises, shall jointly appoint a qualified person to fill the vacancy. If the speaker of the house of representatives and the president of the senate do not appoint a person to fill the vacancy within the ninety-day period, the council, by a majority vote, shall appoint a qualified person to fill the vacancy.
- The council shall convene its first meeting on or before August 1, 2018, and meet at least quarterly thereafter. The meetings of the council shall also be held on call of the chair or at the request of at least three members of the council. The members of the council shall select the council chair at the first meeting. The council shall provide sufficient advance notice of each quarterly meeting to the individual employed by each state department who is responsible for coordinating departmental actions related to the federal “Americans With Disabilities Act of 1990”, 42 U.S.C. 12101 et seq., as amended, so that such individuals can attend the quarterly meetings and provide updates to the council on individual departments’ programs and accessibility issues.
- Except as provided for in section 2-2-326, council members shall not receive compensation for their time but may be reimbursed for actual and necessary expenses, including an allowance for mileage as provided in section 24-9-104 (2) and any reasonable and necessary expenses associated with providing accommodations for a council member’s disability.
- The state department shall provide staff support to the council as necessary.
26-24-104. Powers and duties of the council
- The council has the following powers, functions, and duties:
- Recommending and reviewing legislation, through the state department, related to accessibility, services and supports, and other issues concerning the disability community;
- Conducting informal reviews of various state departments related to accessibility issues related to persons with disabilities;
- Creating and maintaining a website that includes resources for persons with disabilities;
- Maintaining a current list of the individual employed by each state department who is responsible for coordinating departmental actions related to the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. 12101 et seq., as amended;
- Coordinating with state boards, advisory councils, and commissions established for or related to persons with disabilities;
- Issuing an annual report to the governor and general assembly on the state’s programs, services, and policies affecting and addressing persons with disabilities;
- Monitoring the state’s implementation of Title II of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. 12101 et seq., as amended;
- Acting as an additional entry point for public grievances regarding disability issues and referring those grievances to the appropriate state agency or personnel;
- Coordinating efforts and responsibilities related to the disabled parking education programs pursuant to sections 42-1-227 and 42-3-204; and
- Conducting research concerning how to make Colorado the best state for persons with disabilities, including but not limited to research on housing, transportation, employment, education, and health care issues as those issues relate to persons with disabilities.
26-24-105. Gifts, grants, and donations
- The council is authorized to receive and expend gifts, grants, and donations from individuals, private organizations, foundations, or any governmental unit; except that the council may not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this article 24 or any other law of this state.
26-24-106. Repeal of article
- This article 24 is repealed, effective September 1, 2023. Prior to repeal, the council must be reviewed, as provided in section 2-3-1203.