Support of Coloradans with Disabilities

C.R.S. tit. 8, art. 88

in effect

C.R.S. § 8-88-101 Definitions

8-88-101. Definitions. As used in this article 88: (1) "CDOO" means the Colorado disability opportunity office created in section 8-88-102. (2) "Committee" means the Colorado disability funding committee created in section 8-88-202. (3) "Contract entity" means an entity the committee contracts with pursuant to section 8-88-206 (5) to implement section 8-88-206. (4) "Department" means the department of labor and employment created in section 24-1-121. (5) "Disability" has the same meaning as set forth in section 24-34-301 (7). (6) "Disability benefits" means the following services provided to an individual with a disability: (a) Cash payments from social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended; (b) Cash payments made by the federal government to persons who are aged, blind, or disabled under Title XVI of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended; (c) Aid to the needy disabled pursuant to section 26-2-119; (d) Medical care, including long-term care under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, and the home care allowance program administered pursuant to section 26-2-122.3; (e) Tax filing assistance; (f) Rebates for property tax, rent, and heat; (g) Earned income tax credits and state tax credits applicable to individuals with disabilities; and (h) Any other federal, state, or local benefits that improve the quality of life and independence of individuals with disabilities as determined by the committee. (7) "Full societal integration" means inclusive living in the community of an individual's choosing, with options to work, live, recreate, learn, travel, and receive services. (8) "Fund" means the disability support fund created in section 8-88-205. (9) "Nonprofit entity" means an entity incorporated under the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, or a tax-exempt entity under 26 U.S.C. sec. 501 (c)(3) of the federal "Internal Revenue Code of 1986". (10) "Recipient" means a person who receives disability benefits. (11) "Registration number" means the unique combination of letters and numbers assigned to a vehicle by the department of revenue under section 42-3-201 and required to be displayed on a license plate by section 42-3-202. (12) "Vehicle" means a vehicle required to be registered pursuant to part 1 of article 3 of title 42.

C.R.S. § 8-88-102 Colorado disability opportunity office - creation - duties - legislative intent

8-88-102. Colorado disability opportunity office - creation - duties - legislative intent. (1) (a) (I) There is created in the department the Colorado disability opportunity office, the head of which is the director of the Colorado disability opportunity office. The executive director of the department, in consultation with the office of the governor, shall appoint the director of the CDOO. (II) The CDOO 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. (III) The director of the CDOO has regular access to the office of the governor and shall collaborate with state agencies. (b) The director of the CDOO shall staff the CDOO in order to effectively meet the goals and intentions set forth in this article 88 and to meet the future needs of Colorado's disability community. In order to successfully carry out the CDOO's purpose, it is the general assembly's intent that lived experience as an individual with a disability be considered when hiring decisions are made for the CDOO staff. The CDOO shall serve as a resource for state agencies, private and nonprofit organizations, and the public about the full spectrum of disability issues in Colorado. (2) To ensure the CDOO's disability integration goals are met, the CDOO shall: (a) Convene and coordinate a disability technical advisory committee comprised of representatives from the department, the office of information technology, the department of human services, the department of health care policy and financing, the department of local affairs, the department of transportation, the department of early childhood, the department of education, the department of higher education, the behavioral health administration, the department of military and veterans affairs, the department of public safety, the department of corrections, the department of public health and environment, and the department of personnel to: (I) Discuss and make recommendations to the CDOO on cross-agency efforts, including reports from agencies, impacting Coloradans with disabilities; (II) Understand the issues impacting state agencies' ability to best serve individuals with disabilities; and (III) Obtain the recommendations of individuals with disabilities on how to address agency issues; (b) Coordinate with the disability technical advisory committee to develop, maintain, and make publicly available on the CDOO website a collection of resources available to Coloradans with disabilities and links to the agencies or other bodies that administer those resources; (c) Collaborate with state agencies and the statewide equity office created in section 24-50-146 to create and maintain an individuals with disabilities equity plan for the development of shared dashboards that measure performance against shared goals within those plans that achieve the shared goals and vision of the CDOO; (d) Collaborate with stakeholders from the disability community, including representatives from boards and commissions that advise on disability issues; except that the CDOO shall not collaborate with any board or commission that exercises quasi-judicial authority in relation to disability discrimination complaints, including any state agency that conducts, and any state agency personnel who conduct, investigative or other activities related to a board's or commission's quasi-judicial authority in relation to disability discrimination complaints. The collaboration must be on a recurring basis to allow the CDOO and the disability technical advisory committee to understand the issues Coloradans with disabilities want prioritized and their recommendations on how to address those issues. conduct, investigative or other activities related to a board's or commission's quasi-judicial authority in relation to disability discrimination complaints. The collaboration must be on a recurring basis to allow the CDOO and the disability technical advisory committee to understand the issues Coloradans with disabilities want prioritized and their recommendations on how to address those issues. (e) Collaborate with the state office on aging in the department of human services and advocates for the aging population and make recommendations for addressing aging and disability intersecting issues to ensure coordination with the disability technical advisory committee; (f) Consider recommendations made in relevant reports and audits, including: (I) The task force on the rights of Coloradans with disabilities, created in section 24-34-1003; (II) The final report of the community living advisory group, created in the office of community living pursuant to the governor's executive order D 2012-027; (III) The Colorado community living plan; (IV) The report issued by the employment first advisory partnership in accordance with section 8-84-303 (7); and (V) The strategic action planning group on aging final report; and (g) Act as lead coordinator on multiagency reports and plans focused on Coloradans with disabilities by coordinating with all relevant agencies and stakeholder groups. (3) The CDOO shall provide guidance to the office of the governor and state agencies on matters related to Coloradans with disabilities to: (a) Implement a statewide strategy to facilitate full societal integration by investing in the success of individuals with disabilities in Colorado; (b) Foster enhanced inclusion for individuals with disabilities; (c) Ensure equitable opportunities and access to services for individuals with disabilities; (d) Eliminate barriers to prosperity for individuals with disabilities; and (e) Coordinate with and make recommendations to the governor and state agencies on ways to improve policies, programs, and operations to support full societal integration of individuals with disabilities across the state. (4) As funding allows, the CDOO shall promote full societal integration of individuals with disabilities, with the goal of implementing disability support through community-based initiatives and nonprofit organizations through which individuals with disabilities and their families can access formal and informal support to promote their health, economic well-being, and full societal integration. The promotion must include: (a) Implementing studies, symposia, and research and the review of factual reports in coordination with other state agencies to gather insight and to formulate and present recommendations to the governor and state agencies related to issues of concern and importance to individuals with disabilities in Colorado; (b) Analyzing economic and demographic trends in order to make policy and programmatic recommendations to the governor and state agencies; (c) Creating economic opportunities, such as: (I) Workforce development, skills recognition, and barrier reduction; (II) Initiatives that increase economic stability; and (III) Entrepreneurship and higher education attainment; (d) Connecting individuals with disabilities to local, state, and federal resources and to other resources as they are available or relevant, to meet their individual needs; and ting economic opportunities, such as: (I) Workforce development, skills recognition, and barrier reduction; (II) Initiatives that increase economic stability; and (III) Entrepreneurship and higher education attainment; (d) Connecting individuals with disabilities to local, state, and federal resources and to other resources as they are available or relevant, to meet their individual needs; and (e) Educating and reaching out to people in the state by: (I) Promoting and celebrating the success and contributions of Colorado's disability community; and (II) Engaging with the community as a whole in order to foster inclusivity and integration by building awareness, promoting mutual understanding, and increasing social bridging opportunities. (5) On or before November 1, 2025, and on or before November 1 each year thereafter, the director of the CDOO, or the director's designee, shall submit a report to the governor. The report must include a review and summary of the activity of, information on, and data on the programs that the CDOO administered during the prior state fiscal year.

C.R.S. § 8-88-103 Appropriation - gifts, grants, and donations

8-88-103. Appropriation - gifts, grants, and donations. The general assembly shall appropriate money from the fund or from any other available source to the department for use by the CDOO for the purposes specified in this article 88. The CDOO may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 88.

C.R.S. § 8-88-201 Short title

8-88-201. Short title. The short title of this part 2 is the "Laura Hershey Disability Support Act".

C.R.S. § 8-88-202 Colorado disability funding committee - powers and duties

8-88-202. Colorado disability funding committee - powers and duties. (1) (a) On and after July 1, 2024, the rights, powers, duties, and functions regarding the Colorado disability funding committee vested in the department of personnel prior to said date are transferred from the department of personnel to the Colorado disability opportunity office within the department of labor and employment. (b) (I) On and after July 1, 2024, unless otherwise specified, whenever any provision of law refers to the department of personnel in connection with the duties and functions transferred to the CDOO, such law must be construed as referring to the CDOO. (II) As of July 1, 2024, all rules and orders of the department of personnel adopted in connection with the powers, duties, and functions transferred to the CDOO continue to be effective until revised, amended, repealed, or nullified pursuant to law. (III) As of July 1, 2024, whenever the department of personnel is referred to or designated by any contract or other document in connection with the duties and functions transferred to the CDOO, such reference or designation is deemed to apply to the CDOO. All contracts entered into by the department of personnel prior to July 1, 2024, in connection with the duties and functions are hereby validated, with the CDOO succeeding to all rights and obligations under such contracts. As of July 1, 2024, any cash funds, custodial funds, trusts, grants, and appropriations of funds from prior state fiscal years open to satisfy obligations incurred under such contracts are transferred and appropriated to the department for allocation to the CDOO for the payment of such obligations. (c) The committee consists of thirteen members appointed by the governor, the majority of whom are individuals with disabilities, individuals with immediate family members who are individuals with disabilities, or individuals who are caregivers to a family member who is an individual with a disability. In making the appointments, the governor shall ensure that the committee has members with experience in or knowledge of: (I) Business and business management; (II) Nonprofit entities and managing nonprofit entities; (III) Advocacy for individuals with disabilities; (IV) The practice of medicine, with experience working with individuals with disabilities; and (V) The practice of law, with experience working with individuals with disabilities. (2) Members of the committee serve three-year terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year. The governor shall not appoint a member for more than two consecutive terms. (3) An act of the committee is void unless a majority of the appointed members has voted in favor of the act. (4) The committee shall implement this part 2 using the fund. (5) The committee is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this part 2; except that the committee shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this part 2 or part 13 of article 75 of title 24 regarding the status of gifts, grants, and donations made to state agencies. (6) The committee has the following duties and powers: (a) To sue and be sued and otherwise assert or defend the committee's legal interests; (b) To prepare and sign contracts; (c) To have and exercise all rights and powers necessary or incidental to, or implied from, the specific powers granted in this part 2; (d) To fix the time and place at which meetings may be held; (e) To adopt and use a seal and to alter the same at its pleasure; (f) To make business decisions to implement this part 2; (g) To create incentives for holders to turn in currently issued registration numbers if any actual costs are reimbursed to the state from the sale; , or implied from, the specific powers granted in this part 2; (d) To fix the time and place at which meetings may be held; (e) To adopt and use a seal and to alter the same at its pleasure; (f) To make business decisions to implement this part 2; (g) To create incentives for holders to turn in currently issued registration numbers if any actual costs are reimbursed to the state from the sale; (h) To authorize and sell license plates made of alternative materials if approved by the department of revenue; and (i) To sell the right to use additional license plate options, such as historically issued backgrounds, for a fee if the option is approved by the department of revenue and the Colorado state patrol. (7) (a) The committee may contract for the services of professional advisors to conduct meetings or carry out its administrative functions for meetings and committee business. (b) The department may hire employees to handle the administrative aspects of supporting the committee. (8) The attorney general is the legal counsel for the committee. (9) Committee members do not receive compensation for performing official duties of the committee but may receive a per diem or reimbursement for travel and other reasonable and necessary expenses for performing official duties of the committee. The per diem or reimbursement is paid from the fund. (10) The department of public safety may prohibit any action of the committee or its agents that concerns the sale of license plates or registration numbers if the decision would affect the policy of the state of Colorado as it relates to the use or display of license plates or registration numbers.

C.R.S. § 8-88-203 Program to assist individuals to obtain disability benefits

8-88-203. Program to assist individuals to obtain disability benefits. (1) The committee shall invite nonprofit entities, county departments of human services, and county departments of social services to submit proposals for programs to aid individuals with disabilities in accessing disability benefits. To qualify for consideration under subsection (2) of this section, a nonprofit organization must be based in Colorado and: (a) Be governed by a board: (I) That is composed of persons with a demonstrated commitment to improving the lives of recipients with disabilities; (II) That includes members who understand a range of disabilities; and (III) A majority of the members of which are individuals with disabilities, individuals with immediate family members who are individuals with disabilities, or individuals who are caregivers to a family member who is an individual with a disability; or (b) Have a contract with an organization that meets the criteria in subsection (1)(a) of this section to assume the disability perspective approved by the committee. (1.5) To qualify for consideration under subsection (2) of this section, a county department of human services or a county department of social services must meet the requirement of subsection (1)(b) of this section. (2) (a) (I) The committee shall review the proposed programs and shall award a contract or grant to one or more of the entities that best meet the requirements of this section. (II) The term of each contract or grant is up to three years. The committee shall include evaluation criteria in the contract with metrics that must be met at least once a year to continue funding. (b) The committee shall not award a contract or grant unless the proposal includes: (I) A system for evaluating whether an individual with a disability is reasonably able to navigate the application process to obtain disability benefits, health care, and employment; (II) A system for prioritizing the need of applicants based upon the evaluations; (III) A plan for assisting individuals with disabilities in navigating the processes of obtaining and retaining disability benefits, health care, and employment; (IV) A plan for establishing working relationships with state agencies, county departments of human or social services, health-care providers, the United States social security administration, and the business community; (V) A policy of preferential hiring of individuals with disabilities; (VI) Reasonable standards for accounting control of expenditures; and (VII) Metrics to evaluate the program's quality and cost-effectiveness. (c) The committee shall not discriminate against an applicant based on the applicant's advocacy concerning individuals with disabilities. (d) To the greatest extent possible, the committee shall ensure, through one or more contracts or grants pursuant to this section, that individuals with disabilities are served statewide. (3) An entity awarded a contract or grant under this section shall make quarterly reports of expenditures to the committee. The committee shall include in the contract or grant a method and format for making the reports.

C.R.S. § 8-88-204 Program to investigate, fund, and pilot projects or programs to benefit individuals with disabilities

8-88-204. Program to investigate, fund, and pilot projects or programs to benefit individuals with disabilities. (1) When adequate funding is available, the committee shall accept and review proposals to fund projects or programs, or both, that study or pilot new and innovative ideas that will lead to an improved quality of life or increased independence for individuals with disabilities. Proposals may be accepted throughout the year, and grants may be made by the committee at its regular meetings. The fund is the sole source of money for any grants made pursuant to this section. (2) To be eligible for funding pursuant to this section, a project or program must: (a) Demonstrate a capability to be self-sustaining or otherwise be able to develop long-term independent funding; and (b) (I) Have a governing body, a board, or ownership that is composed of individuals with a demonstrated commitment to improving the lives of individuals with disabilities, the majority of whom are individuals with disabilities, individuals with immediate family members who are individuals with disabilities, or individuals who are caregivers to a family member who is an individual with a disability; (II) For organizations that do not meet the governance requirements of subsection (2)(b)(II) of this section, have a grant oversight committee approved by the committee, that is responsible for all oversight of the grant and is comprised of individuals with a demonstrated commitment to improving the lives of individuals with disabilities, the majority of whom are individuals with disabilities, individuals with immediate family members who are individuals with disabilities, or individuals who are caregivers to a family member who is an individual with a disability; or (III) In the case of a sole proprietorship, have an owner who: (A) Is an individual with a disability, an individual with an immediate family member who is an individual with a disability, or an individual who is a caregiver to a family member who is an individual with a disability; and (B) Has demonstrated commitment to improving the lives of individuals with disabilities.

C.R.S. § 8-88-205 Disability support fund

8-88-205. Disability support fund. (1) There is created in the state treasury the disability support fund, which consists of money that may be appropriated or transferred to the fund by the general assembly; and any gifts, grants, or donations received by the department for the purpose of implementing this part 2. (2) The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this part 2. Any money in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund for use as provided in this part 2 and must not be credited or transferred to the general fund or another fund. If this section is repealed, prior to its repeal, all unexpended and unencumbered money remaining in the fund must be transferred to the general fund.

C.R.S. § 8-88-206 Sale of registration numbers for license plates - license to buy and sell - market for - royalty payment - administration - third-party contracting entity

8-88-206. Sale of registration numbers for license plates - license to buy and sell - market for - royalty payment - administration - third-party contracting entity. (1) (a) The state or a person may sell, and the state or a person may purchase, the exclusive right to use a registration number selected by the committee under subsection (2) of this section for the purpose of registering a vehicle under article 3 of title 42. (b) The right to use a registration number is a license, the use of which is subject to compliance with this part 2. The duration of the license is determined by the committee. (2) (a) The committee shall raise money by selling to a buyer the right to use valuable letter and number combinations for a registration number. (b) (I) The committee shall study the market to determine which registration numbers are the most valuable. Based on the study, the committee shall select the most valuable registration numbers and request the department of revenue to verify whether plates with the registration numbers are currently issued. The committee and the department of revenue shall enter into an agreement establishing a process for requesting registration numbers, including specifying the frequency of these requests. (II) Upon receiving the committee's request, the department of revenue shall verify whether the plates are currently issued. For purposes of this subsection (2)(b), a plate that expires due to the operation of section 42-3-115 (5)(a) is considered currently issued until the expiration of the right of the owner of the motor vehicle to which the expired plate was affixed to apply to use the registration number of the expired plate when registering another motor vehicle. If the plate is not currently issued, the department of revenue shall reserve the registration number until the committee notifies the department of revenue to release the registration number. (III) The committee shall establish a process for determining the value of all configurations of registration numbers reserved by the committee. The pricing and manner of sale must follow the established process. (IV) If a registration number is not currently issued, the committee may sell the right to use the registration number in a manner calculated to bring the highest price; except that the department of revenue may deny the sale or use of a registration number that is offensive or inappropriate. (3) (a) The committee shall raise revenue by creating a market, which may include an online site, for the resale of license plate configurations of registration numbers using methods that are commercially reasonable, account for expenditures, and ensure the collection of the state's approval and transfer royalty. (b) The royalty for the state's approval and transfer of the right to use a registration number is twenty-five percent of the sale price of the transfer. At the time of sale, the purchaser shall pay the royalty to the committee. This payment is in addition to and not in lieu of the normal registration fees, sales or use taxes, or specific ownership tax. (c) A person shall not sell a registration number, and the department of revenue shall not assign a registration number, as a result of the right to use the number being sold to a vehicle unless the registration number was sold using the market created by the committee. (4) (a) The committee shall notify the department of revenue when the right to use a registration number has been sold and the committee has collected the state's sale proceeds or approval and transfer royalty. Upon receiving the notice, the department of revenue shall create a record in Colorado DRIVES, created in section 42-1-211, containing the name of the buyer; the vehicle identification number, if applicable; and the corresponding registration number. when the right to use a registration number has been sold and the committee has collected the state's sale proceeds or approval and transfer royalty. Upon receiving the notice, the department of revenue shall create a record in Colorado DRIVES, created in section 42-1-211, containing the name of the buyer; the vehicle identification number, if applicable; and the corresponding registration number. (b) If the registration number consists of a combination of letters and numbers that is not within the normal format of a license plate currently produced for the department of revenue, the department of revenue shall issue the plates as personalized plates under section 42-3-211; except that, notwithstanding section 42-3-211, the committee may sell, and the buyer or any subsequent buyer may use: (I) A registration number or letter of one position; or (II) Any symbol on the standard American keyboard or approved by the committee. (c) The committee shall transfer the money collected under this part 2 to the state treasurer, who shall credit the money to the fund. (d) The committee may contract with one or more public or private entities to implement this part 2. (e) Any revenue received by the committee from the sale of registration numbers shall be deposited in the fund.

C.R.S. § 8-88-207 Sunset review - repeal of part

8-88-207. Sunset review - repeal of part. This part 2 is repealed, effective September 1, 2029. Before the repeal, this part 2 is scheduled for review in accordance with section 24-34-104.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.docxFetched: 10/6/2026