Colorado § 27-10.5-203 - Establishment of state council.

§ 27-10.5-203. Establishment of state council.

(1) There is created in the office of the executive director of the department of human services the Colorado developmental disabilities council. The state council is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The state council shall operate in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15001 et seq.

(2) The state council consists of twenty-four members appointed by the governor for three-year terms; except that the terms shall be staggered so that no more than eight members' terms expire in the same year. Vacancies shall be filled by appointment for the unexpired term.

(3) (a) The state council must at all times include in its membership representatives of the following:

(I) The principal state agencies, including the state agency that administers funds provided under the federal "Rehabilitation Act of 1973", the state agency that administers funds provided under the federal "Individuals with Disabilities Education Act", the state agency that administers funds provided under the federal "Older Americans Act of 1965", and the state agency that administers funds provided under Titles V and XIX of the federal "Social Security Act" for persons with developmental disabilities;

(II) The University Centers for Excellence in Developmental Disabilities Education, Research, and Service;

(III) Nongovernmental agencies; and

(IV) Private nonprofit groups concerned with services and supports for persons with developmental disabilities.

(b) At least four members of the state council must be persons with developmental disabilities.

(c) At least four members of the state council must be family members or guardians of persons with mentally impairing developmental disabilities, who are not employees of a state agency that receives funds or provides services and supports under this part 2, and who are not employees implementing programs under the federal "Social Security Act" or of any other entity that receives funds or provides services and supports under this part 2. At least one individual of the four appointed in this subsection (3)(c) must be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability.

(d) At least half of the membership of the state council must be individuals described in subsection (3)(b) or (3)(c) of this section, or parents or guardians of such persons with developmental disabilities.

(4) Members of the state council are entitled to reimbursement for their expenses while attending regular and special meetings of the state council.

(5) The state council shall operate in accordance with bylaws adopted by a quorum of its membership.

(6) For the purposes of holding meetings of the state council, a quorum shall be a simple majority of the state council membership in attendance.

Source: L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 85: (2) and (6) amended, p. 1010, § 34, effective July 1. L. 92: Entire section R&RE, p. 1387, § 33, effective July 1. L. 93: (1) amended, p. 1164, § 138, effective July 1, 1994. L. 2002: (1), (2), (3), IP(4), IP(5), (6), and (7) amended, p. 1025, § 50, effective June 1. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 69, § 92, effective February 25; (1) amended, (SB22-162), ch. 469, p. 3379, § 77, effective August 10. L. 2023: (4) amended, (SB 23-210), ch. 251, p. 1432, § 14, effective May 24.

Editor's note: Amendments to subsection (1) by SB 22-013 and SB 22-162 were harmonized.

Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.

(2) For the "Individuals with Disabilities Education Act", see Pub.L. 91-230, codified at 20 U.S.C. sec. 1400 et seq. For the "Older Americans Act of 1965", see Pub.L. 89-73, codified at 42 U.S.C. sec. 3001 et seq.

(3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.