SENATE BILL 08-165

BY SENATOR(S) Williams, Boyd, Gibbs, Gordon, Groff, Sandoval,
Shaffer, Tapia, Tochtrop, Tupa, and Windels;
also REPRESENTATIVE(S) Carroll M., Borodkin, Butcher, Fischer,
Green, Hodge, Kefalas, Labuda, Looper, Madden, Merrifield, Primavera,
Stafford, Summers, and Todd.

CONCERNING CODIFICATION OF THE ADVISORY COUNCIL FOR PERSONS WITH
DISABILITIES, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 24, Colorado Revised Statutes, is amended BY

THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 45.5
Colorado Advisory Council for Persons with Disabilities
24-45.5-101. Legislative declaration.

(1) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT:
(a) NEARLY A HALF MILLION COLORADANS HAVE ONE OR MORE
PHYSICAL, MENTAL, OR DEVELOPMENTAL DISABILITIES;
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.PAGE 2-SENATE BILL 08-165
(b) PERSONS WITH DISABILITIES ARE OFTEN SUBJECT TO
DISCRIMINATION IN THE AREAS OF TELECOMMUNICATIONS, PUBLIC SERVICES,
PUBLIC ACCOMMODATIONS OPERATED BY PRIVATE ENTITIES, AND
EMPLOYMENT;
(c) THE FEDERAL “AMERICANS WITH DISABILITIES ACT OF 1990”, 42
U.S.C. 12101 ET SEQ., AS AMENDED, ESTABLISHED PRINCIPLES AND
GUIDELINES REGARDING PERSONS WITH DISABILITIES;
(d) IT IS IN THE BEST INTEREST 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.

24-45.5-102. Definitions. AS USED IN THIS ARTICLE UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) “COUNCIL” MEANS THE COLORADO ADVISORY COUNCIL FOR
PERSONS WITH DISABILITIES CREATED IN SECTION 24-45.5-103.
(2) “PERSON WITH A DISABILITY” MEANS A PERSON WHO:
(a) HAS A PHYSICAL OR MENTAL IMPAIRMENT OR CHRONIC MEDICAL
CONDITION THAT SUBSTANTIALLY LIMITS ONE OR MORE OF HIS OR HER MAJOR
LIFE ACTIVITIES;
(b) HAS A RECORD OF SUCH AN IMPAIRMENT; OR
(c) IS REGARDED AS HAVING SUCH AN IMPAIRMENT.
24-45.5-103. Colorado advisory council for persons with
disabilities – creation – appointments – meetings. (1) THERE IS HEREBY
CREATED IN THE OFFICE OF THE GOVERNOR THE COLORADO ADVISORY
COUNCIL FOR PERSONS WITH DISABILITIES.
(2) THE COUNCIL SHALL CONSIST OF NO MORE THAN TWENTY
MEMBERS AND SHALL REFLECT STATEWIDE PARTICIPATION AND A
COMMITMENT TO THE INCLUSION OF PERSONS WITH DISABILITIES.
MEMBERSHIP SHALL INCLUDE AT LEAST SEVEN PERSONS APPOINTED FROM
STATE AGENCIES SERVING PERSONS WITH DISABILITIES, AND THE REMAININGPAGE 3-SENATE BILL 08-165
MEMBERS SHALL REPRESENT PERSONS WITH DISABILITIES FROM BUSINESS
AND INDUSTRY, DISABILITY ADVOCACY ORGANIZATIONS, AND OTHER
NONPROFIT ORGANIZATIONS.
(3) THE GOVERNOR SHALL APPOINT THE INITIAL COUNCIL MEMBERS
ON OR BEFORE AUGUST 1, 2008. THE GOVERNOR SHALL APPOINT THE
COUNCIL CHAIR AT THE TIME OF APPOINTMENT. THE TERMS OF THE COUNCIL
MEMBERS SHALL EXPIRE AT THE PLEASURE OF THE GOVERNOR. UPON THE
EXPIRATION OF A COUNCIL MEMBER’S TERM, THE COUNCIL MEMBER SHALL
CONTINUE TO SERVE UNTIL A SUCCESSOR IS APPOINTED AS PROVIDED IN
SUBSECTION (4) OF THIS SECTION.
(4) THE GOVERNOR SHALL APPOINT A QUALIFIED PERSON TO FILL A
VACANCY ON THE COUNCIL FOR THE REMAINDER OF ANY UNEXPIRED TERM.
IF THE GOVERNOR 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.
(5) THE COUNCIL SHALL CONVENE ITS FIRST MEETING NO LATER
THAN SEPTEMBER 1, 2008, 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.
(6) COUNCIL MEMBERS SHALL NOT RECEIVE COMPENSATION FOR
THEIR TIME BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY
EXPENSES PURSUANT TO SECTION 24-45.5-105 (2).
24-45.5-104. Powers and duties of the council. (1) THE COUNCIL
SHALL HAVE THE FOLLOWING POWERS, FUNCTIONS, AND DUTIES:
(a) COORDINATING WITH STATE BOARDS, ADVISORY COUNCILS, AND
COMMISSIONS ESTABLISHED FOR OR RELATED TO PERSONS WITH
DISABILITIES;PAGE 4-SENATE BILL 08-165
(b) ADVISING THE GOVERNOR AND GENERAL ASSEMBLY ON
LEGISLATION AND STATE POLICY AFFECTING PERSONS WITH DISABILITIES;
(c) ISSUING AN ANNUAL REPORT TO THE GOVERNOR AND GENERAL
ASSEMBLY ON THE STATE’S PROGRAMS, SERVICES, AND POLICIES AFFECTING
AND ADDRESSING PERSONS WITH DISABILITIES;
(d) 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, INCLUDING OVERSIGHT PURSUANT TO OLMSTEAD V.
L.C. AND E.W., 527 U.S. 581 (1999);
(e) ACTING AS AN ADDITIONAL ENTRY POINT FOR PUBLIC
GRIEVANCES REGARDING DISABILITY ISSUES AND REFERRING THOSE
GRIEVANCES TO THE APPROPRIATE STATE AGENCY OR PERSONNEL; AND
(f) DEVELOPING PROCEDURES RELATING TO THE COUNCIL’S INTERNAL
OPERATIONS.
24-45.5-105. Gifts, grants, and donations – reimbursement.
(1) 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 OR ANY OTHER
LAW OF THIS STATE.
(2) COUNCIL MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THEIR OFFICIAL
DUTIES, INCLUDING AN ALLOWANCE FOR MILEAGE AS PROVIDED IN SECTION
24-9-104 (2), C.R.S., AND ANY REASONABLE AND NECESSARY EXPENSES
ASSOCIATED WITH PROVIDING ACCOMMODATIONS FOR A COUNCIL MEMBER’S
DISABILITY.
24-45.5-106. Repeal of article. THIS ARTICLE IS REPEALED,
EFFECTIVE JULY 1, 2018. PRIOR TO SAID REPEAL, THE COUNCIL SHALL BE
REVIEWED, AS PROVIDED IN SECTION 2-3-1203, C.R.S.
SECTION 2. 2-3-1203 (3), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:PAGE 5-SENATE BILL 08-165
2-3-1203. Sunset review of advisory committees. (3) The
following dates are the dates for which the statutory authorization for the
designated advisory committees is scheduled for repeal:
(ee) JULY 1,2018: THE COLORADO ADVISORY COUNCIL FOR PERSONS
WITH DISABILITIES, CREATED IN SECTION 24-45.5-103, C.R.S.
SECTION 3. Appropriation – adjustments to the 2008 long bill.
(1) In addition to any other appropriation, there is hereby appropriated, out
of any moneys in the general fund not otherwise appropriated, to the office
of the governor, for the Colorado advisory council for persons with
disabilities, for the fiscal year beginning July 1, 2008, the sum of nine
thousand thirty dollars ($9,030), or so much thereof as may be necessary,
for the implementation of this act.
(2) For the implementation of this act, the general fund
appropriation to the controlled maintenance trust fund made in section 23
of the annual general appropriation act, for the fiscal year beginning July 1,
2008, shall be decreased by nine thousand thirty dollars ($9,030).
SECTION 4. Safety clause. The general assembly hereby finds,PAGE 6-SENATE BILL 08-165
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Peter C. Groff Andrew Romanoff
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Karen Goldman Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO