The Arc Colorado Wraps Up Successful Legislative Session

The Colorado General Assembly has adjourned with many victories for The Arc Colorado including:

  • HB 1343, which creates a conflict free case management system, meaning that case management agencies cannot also be service providers, unless the only willing provider of case management in a region is also the only willing service provider;
  • HB 1276, which bans prone, mechanical, or chemical restraint in public schools except in cases where a student displays a deadly weapon, it is performed by a trained police officer who has made a law enforcement referral, or it occurs at a school under the jurisdiction of the Division of Youth Corrections;
  • HB 1087, which creates a pilot office of public guardianship for incapacitated adults without family or friends able to serve as guardian or enough money to pay a private guardian;
  • HB 1046, which eliminates derogatory terms such as “mental retardation” and “mental deficiency” from state law and replaces them with “persons with an intellectual and developmental disability” and “persons with a mental illness”; and
  • HB 1188, which makes harassment based on disability or sexual orientation a class 1 misdemeanor, bringing it to the same level as harassment based on race, color, religion, ancestry, or national origin.

The Arc Colorado Advocates on Several Bills

The Arc Colorado is having a busy legislative session, supporting twenty-nine bills and opposing five. Highlights include:

  • The chapter successfully advocated for the defeat of HB 17-1013, which would have prohibited any state action that burdens a person’s exercise of religion unless it was the least restrictive means of furthering a compelling governmental interest. The bill stated that “exercise of religion” did not include “the ability to act or refuse to act based on race or ethnicity,” but did not include a similar exception for discrimination based on disability or any other protected status.
  • The chapter supported HB 17-1001, which would have extended a 2009 law allowing family leave to attend a child’s academic activities but was defeated in the Senate State, Veterans, and Military Affairs Committee after passing in the House;
  • The chapter supported HB 17-1038, which would have prohibited corporal punishment in public schools, licensed child care centers, family child care homes, and specialized youth group facilities, but was defeated in the Senate Judiciary Committee after passing in the House;
  • The chapter supported HB 17-1046, which eliminates derogatory terms such as “mental retardation” and “mental deficiency” from state law and replaces them with “persons with an intellectual and developmental disability” and “persons with a mental illness.” This bill was recently signed into law by Governor John Hickenlooper; and
  • The chapter supported SB 17-024, which clarifies that the hearsay exception for persons with I/DD applies when an individual is being charged under increased penalties for crimes against certain persons with disabilities. This bill passed the Senate Unanimously.

The Arc Georgia Secures Unanimous House Passage of Bill to Eliminate R-Word from State Criminal Code

As a result of the advocacy of The Arc Georgia, the Georgia House of Representatives unanimously passed HB 343, which replaces all references to “mental retardation” in the state criminal code with “intellectual disability.”   Representative Scott Hilton stated in his floor speech “While it pains me to even use the word retardation, I’m ecstatic to think that this may be the last time that that word is used in…the General Assembly.”  Deliberations on the bill can be found at this link in the second video starting at 1:48:00.

The Arc of New Jersey Supports Person-First Language in AB 926

The Arc of New Jersey supported Assembly Bill 926 which changes pejorative terminology referring to persons with certain disabilities or substance use disorders to person-first language to ensure that individuals with disabilities are referred to appropriately and respectfully. The bill received unanimous support and was voted out of the Assembly Human Services Committee.