2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › MENTAL HEALTH (§§ 27-9-101 — 27-16-101) › GENERAL PROVISIONS (§§ 27-9-101 — 27-12-101) › Article 10.5 - CARE AND TREATMENT OF PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 27-10.5-101 — 27-10.5-1001) › Part 2 - STATE COUNCIL ON DEVELOPMENTAL DISABILITIES (§§ 27-10.5-201 — 27-10.5-208) › Section 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.
Amended by 2023 Ch. 251,§ 14, eff. 5/24/2023.
Amended by 2022 Ch. 469, § 77, eff. 8/10/2022.
Amended by 2022 Ch. 2, § 92, eff. 2/25/2022.
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 7/1/1994. L. 2002: (1), (2), (3), IP(4), IP(5), (6), and (7) amended, p. 1025, § 50, effective June 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(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.