13 | | - | ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE |
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14 | | - | RESTROOMS WITH AMENITIES FOR ALL GENDERS |
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15 | | - | , AND, IN |
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16 | | - | CONNECTION THEREWITH |
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17 | | - | , MAKING AN APPROPRIATION. |
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18 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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19 | | - | SECTION 1. In Colorado Revised Statutes, add article 5.7 to title |
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20 | | - | 9 as follows: |
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21 | | - | ARTICLE 5.7 |
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22 | | - | Amenities For All Genders In Public Buildings |
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23 | | - | ________ |
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24 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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25 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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26 | | - | the act. 9-5.7-101. Legislative declaration. (1) T HE GENERAL ASSEMBLY |
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27 | | - | FINDS AND DECLARES THAT |
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28 | | - | : |
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29 | | - | (a) I |
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30 | | - | T IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE PUBLIC |
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31 | | - | WELFARE BY PROVIDING ACCESS TO NON |
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32 | | - | -GENDERED RESTROOM FACILITIES |
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33 | | - | THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS |
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34 | | - | , INCLUDING THOSE |
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35 | | - | OUTSIDE THE GENDER BINARY |
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36 | | - | ; |
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37 | | - | (b) T |
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38 | | - | HE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO UNSAFE |
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39 | | - | AND INEQUITABLE CONDITIONS FOR |
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40 | | - | COLORADO CHILDREN, FAMILIES, AND |
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41 | | - | COMMUNITIES |
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42 | | - | . EXPERTS FROM HEALTH PROVIDERS TO FAITH LEADERS , |
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43 | | - | INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION , |
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44 | | - | STRESS THE NEED FOR SINGLE OCCUPANCY NON -GENDERED RESTROOMS AND |
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45 | | - | MULTIPLE |
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46 | | - | -OCCUPANT OR MULTIPLE-STALLED NON-GENDERED RESTROOMS |
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47 | | - | TO BE ACCESSIBLE FOR ALL EMPLOYEES AND INDIVIDUALS |
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48 | | - | . THE LACK OF |
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49 | | - | ACCESSIBILITY TO RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN |
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50 | | - | INDIVIDUAL |
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51 | | - | 'S GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN |
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52 | | - | RESULT IN EXPERIENCES OF HARASSMENT AND CAUSE THOSE INDIVI DUALS TO |
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53 | | - | AVOID RESTROOMS ENTIRELY |
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54 | | - | , WHICH CAN LEAD TO POTENTIALLY SERIOUS |
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55 | | - | PHYSICAL INJURY OR ILLNESS |
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56 | | - | . ACCESS TO NON-GENDERED RESTROOMS HAS |
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57 | | - | FAR |
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58 | | - | -REACHING BENEFITS FOR PARENTS CARING FOR A CHILD , INCLUDING |
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59 | | - | PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A BABY DIAPER |
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60 | | - | CHANGING STATION AND INDIVIDUALS WITH DISABILITIES WHO HAVE A |
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61 | | - | CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM |
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62 | | - | . |
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63 | | - | (c) M |
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64 | | - | EN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY |
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65 | | - | DO NOT PROVIDE BABY DIAPER CHANGING STATIONS |
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66 | | - | . THIS CREATES |
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67 | | - | ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT |
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68 | | - | IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN |
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69 | | - | 'S |
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70 | | - | RESTROOMS |
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71 | | - | , AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS FOR |
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72 | | - | BABIES |
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73 | | - | . WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING STATIONS , |
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74 | | - | THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE AND |
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75 | | - | UNSANITARY LOCATIONS |
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76 | | - | , SUCH AS RESTROOM FLOORS, TO CHANGE BABIES' |
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77 | | - | DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC |
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78 | | - | RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS OF |
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79 | | - | ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES |
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80 | | - | ' |
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81 | | - | DIAPERS. PROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING |
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82 | | - | STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR |
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83 | | - | INFANTS BY ALL PARENTS AND CARE PROVIDERS |
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84 | | - | , AND SAFER CONDITIONS |
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85 | | - | PAGE 2-HOUSE BILL 23-1057 FOR INFANTS. |
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86 | | - | (d) R |
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87 | | - | EQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED |
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88 | | - | FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT |
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89 | | - | AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE |
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90 | | - | , |
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91 | | - | INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS , AND LGBT INDIVIDUALS. |
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92 | | - | F |
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93 | | - | OR LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE GENDER |
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94 | | - | EXPRESSIONS |
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95 | | - | , USING GENDERED FACILITIES CAN POSE HEALTH AND SAFETY |
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96 | | - | ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND PHYSICAL |
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97 | | - | THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH GENDERED |
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98 | | - | FACILITY THEY USE OR THEIR PHYSICAL PRESENTATION |
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99 | | - | . DUE TO THESE |
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100 | | - | EXPERIENCES AND ASSOCIATED STIGMA |
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101 | | - | , SOME PEOPLE AVOID USING PUBLIC |
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102 | | - | RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN FROM EATING |
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103 | | - | , |
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104 | | - | DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED PERIODS OF TIME IN |
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105 | | - | ORDER TO AVOID GENDERED FACILITIES |
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106 | | - | . DELAYING OR AVOIDING USING THE |
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107 | | - | RESTROOM CAN HAVE PHYSICAL HEALTH IMPLICATIONS |
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108 | | - | . |
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109 | | - | (e) T |
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110 | | - | HE "INTERNATIONAL PLUMBING CODE", 2021 EDITION, |
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111 | | - | REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO |
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112 | | - | AMENDMENTS REGARDING NON |
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113 | | - | -GENDERED RESTROOMS . ONE AMENDMENT |
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114 | | - | REQUIRES SIGNAGE ON SINGLE |
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115 | | - | -STALL RESTROOMS TO INDICATE THAT THEY |
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116 | | - | ARE OPEN TO ANY USER REGARDLESS OF GENDER |
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117 | | - | . THE OTHER AMENDMENT |
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118 | | - | ALLOWS THE CREATION OF NON |
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119 | | - | -GENDERED MULTI-STALL DESIGNS WITH |
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120 | | - | SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT |
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121 | | - | . |
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122 | | - | (f) T |
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123 | | - | HE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE |
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124 | | - | IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND ALLOWS |
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125 | | - | FOR MULTI |
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126 | | - | -USER FACILITIES TO SERVE ALL GENDERS. THE COLORADO STATE |
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127 | | - | ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL STATE |
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128 | | - | -OWNED |
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129 | | - | BUILDINGS AND FACILITIES |
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130 | | - | , AND HAS ADOPTED THE 2021 EDITION OF THE |
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131 | | - | INTERNATIONAL BUILDING CODE |
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132 | | - | . |
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133 | | - | 9-5.7-102. Definitions. |
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134 | | - | AS USED IN THIS ARTICLE 5.7, UNLESS THE |
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135 | | - | CONTEXT OTHERWISE REQUIRES |
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136 | | - | : |
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137 | | - | (1) "A |
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138 | | - | CCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR OUTDOOR |
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139 | | - | SPACE OR AREA THAT IS OPEN TO THE PUBLIC |
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140 | | - | . THIS DOES NOT INCLUDE |
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141 | | - | PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT OPEN TO |
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142 | | - | CUSTOMERS OR PUBLIC VISITORS |
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143 | | - | . |
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144 | | - | PAGE 3-HOUSE BILL 23-1057 (2) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY LOCATED |
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145 | | - | IN |
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146 | | - | COLORADO THAT HAS BEEN CERTIFIED BY THE STATE HISTORICAL SOCIETY |
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147 | | - | OR AN ENTITY OTHER THAN THE OWNER OF THE PROPERTY THAT IS |
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148 | | - | AUTHORIZED |
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149 | | - | , PURSUANT TO SECTION 24-80.1-105 (1), TO NOMINATE |
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150 | | - | PROPERTIES TO THE STATE REGISTER OF HISTORIC PROPERTIES AS A HISTORIC |
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151 | | - | STRUCTURE BECAUSE IT HAS BEEN |
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152 | | - | : |
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153 | | - | (a) L |
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154 | | - | ISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY IN |
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155 | | - | A DISTRICT INCLUDED WITHIN |
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156 | | - | , THE NATIONAL REGISTER OF HISTORIC PLACES; |
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157 | | - | (b) L |
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158 | | - | ISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY IN |
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159 | | - | A DISTRICT THAT IS INCLUDED WITHIN |
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160 | | - | , THE STATE REGISTER OF HISTORIC |
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161 | | - | PROPERTIES PURSUANT TO ARTICLE |
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162 | | - | 80.1 OF TITLE 24; OR |
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163 | | - | (c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY |
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164 | | - | WITHIN A DESIGNATED HISTORIC DISTRICT OF |
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165 | | - | , A CERTIFIED LOCAL |
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166 | | - | GOVERNMENT |
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167 | | - | . |
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168 | | - | (3) "G |
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169 | | - | ENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS |
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170 | | - | DESIGNATED FOR USE BY ONLY ONE GENDER |
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171 | | - | . |
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172 | | - | (4) "LGBT |
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173 | | - | INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER |
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174 | | - | OF THE LESBIAN |
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175 | | - | , GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY |
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176 | | - | COMMUNITY |
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177 | | - | . |
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178 | | - | (5) "N |
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179 | | - | ON-GENDERED MULTI-STALL RESTROOM" MEANS A RESTROOM |
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180 | | - | WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY |
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181 | | - | GENDER |
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182 | | - | , INCLUDING A RESTROOM WITH SHARED SINKS BUT EACH TOILET IS |
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183 | | - | IN A PRIVATE COMPARTMENT |
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184 | | - | . |
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185 | | - | (6) "N |
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186 | | - | ON-GENDERED SINGLE-STALL RESTROOM" MEANS A RESTROOM |
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187 | | - | THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT IS A FULLY |
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188 | | - | ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED BY THE USER |
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189 | | - | AND CONTAINS A SINK |
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190 | | - | , TOILET, AND NO MORE THAN ONE URINAL . |
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191 | | - | (7) (a) "R |
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192 | | - | ENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO A |
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193 | | - | RESTROOM |
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194 | | - | : |
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195 | | - | (I) F |
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196 | | - | OR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR ; |
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197 | | - | AND |
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198 | | - | PAGE 4-HOUSE BILL 23-1057 (II) THAT INCLUDES CHANGING THE STRUCTURE BY : |
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199 | | - | (A) I |
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200 | | - | NCREASING THE SQUARE FOOTAGE ; |
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201 | | - | (B) I |
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202 | | - | NSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM ; |
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203 | | - | (C) A |
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204 | | - | DDING, GUTTING, OR REMOVING EXTERIOR RESTROOM WALLS ; |
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205 | | - | OR |
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206 | | - | (D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING |
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207 | | - | SYSTEM |
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208 | | - | . |
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209 | | - | (b) F |
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210 | | - | OR PURPOSES OF THIS SECTION, RENOVATION DOES NOT INCLUDE |
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211 | | - | REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE RESTROOM |
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212 | | - | IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED |
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213 | | - | , DETERIORATED, OR |
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214 | | - | BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION THAT DOES NOT MEET |
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215 | | - | THE CRITERIA DESCRIBED IN SUBSECTION |
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216 | | - | (7)(a) OF THIS SECTION. |
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217 | | - | (8) "P |
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218 | | - | UBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE |
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219 | | - | AGENCY |
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220 | | - | , STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION |
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221 | | - | 23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY. FOR |
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222 | | - | PURPOSES OF THIS ARTICLE |
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223 | | - | 5.7, A STATE AGENCY DOES NOT INCLUDE ANY |
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224 | | - | BUILDING OWNED AND OPERATED AS AN EDUCATION FACILITY BY THE |
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225 | | - | DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT |
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226 | | - | , CHARTER SCHOOL, OR |
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227 | | - | INSTITUTE CHARTER SCHOOL |
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228 | | - | . |
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229 | | - | 9-5.7-103. Restrooms - baby diaper changing stations - |
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230 | | - | applicability - signage - enforcement. (1) O |
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231 | | - | N AND AFTER JANUARY 1, |
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232 | | - | 2024, |
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233 | | - | A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY A PUBLIC |
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234 | | - | ENTITY THAT IS |
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235 | | - | : |
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| 14 | + | ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE101 |
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| 15 | + | RESTROOMS WITH AMENITIES FOR ALL |
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| 16 | + | GENDERS, AND, IN102 |
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| 17 | + | CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | Effective January 1, 2024, the bill requires each newly constructed |
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| 26 | + | public building and each public building in which restroom renovations |
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| 27 | + | are estimated to cost $10,000 or more that is wholly or partly owned by |
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| 28 | + | the state, a county, or a local municipality to: |
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| 29 | + | SENATE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | May 5, 2023 |
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| 32 | + | SENATE |
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| 33 | + | Amended 2nd Reading |
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| 34 | + | May 4, 2023 |
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| 35 | + | HOUSE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | April 24, 2023 |
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| 38 | + | HOUSE |
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| 39 | + | 3rd Reading Unamended |
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| 40 | + | April 24, 2023 |
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| 41 | + | HOUSE |
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| 42 | + | Amended 2nd Reading |
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| 43 | + | April 21, 2023 |
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| 44 | + | HOUSE SPONSORSHIP |
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| 45 | + | McCormick and Vigil, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson, |
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| 46 | + | English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Kipp, Lindsay, Lindstedt, |
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| 47 | + | Mabrey, Martinez, McLachlan, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Sirota, |
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| 48 | + | Story, Titone, Valdez, Velasco, Weissman, Willford |
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| 49 | + | SENATE SPONSORSHIP |
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| 50 | + | Jaquez Lewis, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg, Fields, |
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| 51 | + | Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Marchman, Moreno, Mullica, Priola, Roberts, |
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| 52 | + | Rodriguez, Sullivan, Winter F., Zenzinger |
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| 53 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 54 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 55 | + | Dashes through the words or numbers indicate deletions from existing law. ! Provide a non-gendered restroom facility or a multi-stall |
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| 56 | + | non-gendered facility on each floor where restrooms are |
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| 57 | + | available; |
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| 58 | + | ! Ensure that all single-stall restrooms are not designated for |
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| 59 | + | exclusive use by any specific gender; |
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| 60 | + | ! Allow for the use of multi-stall restrooms by any gender if |
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| 61 | + | certain facility features are met under the 2021 |
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| 62 | + | International Plumbing Code; and |
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| 63 | + | ! Provide at least one safe, sanitary, and convenient baby |
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| 64 | + | diaper changing station that is accessible to the public on |
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| 65 | + | each floor where there is a public restroom in each |
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| 66 | + | gender-specific restroom, non-gendered multi-stall |
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| 67 | + | restroom, and non-gendered single-stall restroom. |
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| 68 | + | The bill also requires each newly constructed public building and |
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| 69 | + | each public building in which restroom renovations are estimated to cost |
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| 70 | + | $10,000 or more that is wholly or partly owned by the state, a county, or |
---|
| 71 | + | a local municipality to include signage indicating the presence of a baby |
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| 72 | + | diaper changing station with a pictogram that is void of gender in all |
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| 73 | + | restrooms with baby diaper changing stations, in all non-gendered |
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| 74 | + | restrooms, and in all single-stalled restrooms. |
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| 75 | + | The bill also requires each newly constructed public building and |
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| 76 | + | each public building in which restroom renovations are estimated to cost |
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| 77 | + | $10,000 or more that is wholly or partly owned by the state, a county, or |
---|
| 78 | + | a local municipalitiy to indicate in the central building directory, if such |
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| 79 | + | a directory exists, the location of any baby diaper changing station and of |
---|
| 80 | + | any non-gendered restroom. |
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| 81 | + | The bill exempts the requirements of including a baby diaper |
---|
| 82 | + | changing station in any restroom and any construction necessary to |
---|
| 83 | + | comply with providing an accessible non-gendered restroom if the |
---|
| 84 | + | requirement would result in failure to comply with applicable building |
---|
| 85 | + | standards governing the right of access for individuals with disabilities. |
---|
| 86 | + | The bill clarifies that an employee with a designated workplace in |
---|
| 87 | + | a public building may undertake the complaint process for alleged |
---|
| 88 | + | discriminatory or unfair practices including the failure to comply with |
---|
| 89 | + | providing the required amenities to all genders, as required, with the |
---|
| 90 | + | Colorado civil rights division charged with the enforcement of the |
---|
| 91 | + | Colorado anti-discrimination act. |
---|
| 92 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
---|
| 93 | + | SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2 |
---|
| 94 | + | 9 as follows:3 |
---|
| 95 | + | ARTICLE 5.74 |
---|
| 96 | + | 1057-2- Amenities For All Genders In Public Buildings1 |
---|
| 97 | + | 9-5.7-101. Legislative declaration. (1) THE GENERAL ASSEMBLY2 |
---|
| 98 | + | FINDS AND DECLARES THAT:3 |
---|
| 99 | + | (a) IT IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE4 |
---|
| 100 | + | PUBLIC WELFARE BY PROVIDING ACCESS TO NON-GENDERED RESTROOM5 |
---|
| 101 | + | FACILITIES THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS,6 |
---|
| 102 | + | INCLUDING THOSE OUTSIDE THE GENDER BINARY ;7 |
---|
| 103 | + | (b) THE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO8 |
---|
| 104 | + | UNSAFE AND INEQUITABLE CONDITIONS FOR COLORADO CHILDREN,9 |
---|
| 105 | + | FAMILIES, AND COMMUNITIES. EXPERTS FROM HEALTH PROVIDERS TO10 |
---|
| 106 | + | FAITH LEADERS, INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH11 |
---|
| 107 | + | ADMINISTRATION, STRESS THE NEED FOR SINGLE OCCUPANCY12 |
---|
| 108 | + | NON-GENDERED RESTROOMS AND MULTIPLE -OCCUPANT OR13 |
---|
| 109 | + | MULTIPLE-STALLED NON-GENDERED RESTROOMS TO BE ACCESSIBLE FOR14 |
---|
| 110 | + | ALL EMPLOYEES AND INDIVIDUALS. THE LACK OF ACCESSIBILITY TO15 |
---|
| 111 | + | RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN INDIVIDUAL'S16 |
---|
| 112 | + | GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN RESULT IN17 |
---|
| 113 | + | EXPERIENCES OF HARASSMENT AND CAUSE THOSE INDIVIDUALS TO AVOID18 |
---|
| 114 | + | RESTROOMS ENTIRELY, WHICH CAN LEAD TO POTENTIALLY SERIOUS19 |
---|
| 115 | + | PHYSICAL INJURY OR ILLNESS. ACCESS TO NON-GENDERED RESTROOMS20 |
---|
| 116 | + | HAS FAR-REACHING BENEFITS FOR PARENTS CARING FOR A CHILD,21 |
---|
| 117 | + | INCLUDING PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A22 |
---|
| 118 | + | BABY DIAPER CHANGING STATION AND INDIVIDUALS WITH DISABILITIES23 |
---|
| 119 | + | WHO HAVE A CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM .24 |
---|
| 120 | + | (c) MEN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY25 |
---|
| 121 | + | DO NOT PROVIDE BABY DIAPER CHANGING STATIONS . THIS CREATES26 |
---|
| 122 | + | ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT27 |
---|
| 123 | + | 1057 |
---|
| 124 | + | -3- IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN'S1 |
---|
| 125 | + | RESTROOMS, AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS2 |
---|
| 126 | + | FOR BABIES. WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING3 |
---|
| 127 | + | STATIONS, THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE4 |
---|
| 128 | + | AND UNSANITARY LOCATIONS, SUCH AS RESTROOM FLOORS, TO CHANGE5 |
---|
| 129 | + | BABIES' DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC6 |
---|
| 130 | + | RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS7 |
---|
| 131 | + | OF ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES'8 |
---|
| 132 | + | DIAPERS. PROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING9 |
---|
| 133 | + | STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR10 |
---|
| 134 | + | INFANTS BY ALL PARENTS AND CARE PROVIDERS, AND SAFER CONDITIONS11 |
---|
| 135 | + | FOR INFANTS.12 |
---|
| 136 | + | (d) REQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED13 |
---|
| 137 | + | FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT14 |
---|
| 138 | + | AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE,15 |
---|
| 139 | + | INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS , AND LGBT16 |
---|
| 140 | + | INDIVIDUALS. FOR LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE17 |
---|
| 141 | + | GENDER EXPRESSIONS, USING GENDERED FACILITIES CAN POSE HEALTH18 |
---|
| 142 | + | AND SAFETY ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND19 |
---|
| 143 | + | PHYSICAL THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH20 |
---|
| 144 | + | GENDERED FACILITY THEY USE OR THEIR PHYSICAL PRESENTATION . DUE21 |
---|
| 145 | + | TO THESE EXPERIENCES AND ASSOCIATED STIGMA, SOME PEOPLE AVOID22 |
---|
| 146 | + | USING PUBLIC RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN FROM23 |
---|
| 147 | + | EATING, DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED PERIODS24 |
---|
| 148 | + | OF TIME IN ORDER TO AVOID GENDERED FACILITIES. DELAYING OR25 |
---|
| 149 | + | AVOIDING USING THE RESTROOM CAN HAVE PHYSICAL HEALTH26 |
---|
| 150 | + | IMPLICATIONS.27 |
---|
| 151 | + | 1057 |
---|
| 152 | + | -4- (e) THE "INTERNATIONAL PLUMBING CODE", 2021 EDITION,1 |
---|
| 153 | + | REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO2 |
---|
| 154 | + | AMENDMENTS REGARDING NON -GENDERED RESTROOMS. ONE AMENDMENT3 |
---|
| 155 | + | REQUIRES SIGNAGE ON SINGLE-STALL RESTROOMS TO INDICATE THAT THEY4 |
---|
| 156 | + | ARE OPEN TO ANY USER REGARDLESS OF GENDER . THE OTHER AMENDMENT5 |
---|
| 157 | + | ALLOWS THE CREATION OF NON-GENDERED MULTI-STALL DESIGNS WITH6 |
---|
| 158 | + | SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT . 7 |
---|
| 159 | + | (f) THE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE8 |
---|
| 160 | + | IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND9 |
---|
| 161 | + | ALLOWS FOR MULTI-USER FACILITIES TO SERVE ALL GENDERS. THE10 |
---|
| 162 | + | COLORADO STATE ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL11 |
---|
| 163 | + | STATE-OWNED BUILDINGS AND FACILITIES, AND HAS ADOPTED THE 202112 |
---|
| 164 | + | EDITION OF THE INTERNATIONAL BUILDING CODE .13 |
---|
| 165 | + | 9-5.7-102. Definitions. AS USED IN THIS ARTICLE 5.7, UNLESS THE14 |
---|
| 166 | + | CONTEXT OTHERWISE REQUIRES :15 |
---|
| 167 | + | (1) "ACCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR16 |
---|
| 168 | + | OUTDOOR SPACE OR AREA THAT IS OPEN TO THE PUBLIC. THIS DOES NOT17 |
---|
| 169 | + | INCLUDE PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT18 |
---|
| 170 | + | OPEN TO CUSTOMERS OR PUBLIC VISITORS .19 |
---|
| 171 | + | (2) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY20 |
---|
| 172 | + | LOCATED IN COLORADO THAT HAS BEEN CERTIFIED BY THE STATE21 |
---|
| 173 | + | HISTORICAL SOCIETY OR AN ENTITY OTHER THAN THE OWNER OF THE22 |
---|
| 174 | + | PROPERTY THAT IS AUTHORIZED, PURSUANT TO SECTION 24-80.1-105 (1),23 |
---|
| 175 | + | TO NOMINATE PROPERTIES TO THE STATE REGISTER OF HISTORIC24 |
---|
| 176 | + | PROPERTIES AS A HISTORIC STRUCTURE BECAUSE IT HAS BEEN : 25 |
---|
| 177 | + | (a) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY26 |
---|
| 178 | + | IN A DISTRICT INCLUDED WITHIN, THE NATIONAL REGISTER OF HISTORIC27 |
---|
| 179 | + | 1057 |
---|
| 180 | + | -5- PLACES;1 |
---|
| 181 | + | (b) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY2 |
---|
| 182 | + | IN A DISTRICT THAT IS INCLUDED WITHIN, THE STATE REGISTER OF3 |
---|
| 183 | + | HISTORIC PROPERTIES PURSUANT TO ARTICLE 80.1 OF TITLE 24.; OR4 |
---|
| 184 | + | (c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY5 |
---|
| 185 | + | WITHIN A DESIGNATED HISTORIC DISTRICT OF , A CERTIFIED LOCAL6 |
---|
| 186 | + | GOVERNMENT.7 |
---|
| 187 | + | (3) "GENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS8 |
---|
| 188 | + | DESIGNATED FOR USE BY ONLY ONE GENDER .9 |
---|
| 189 | + | (4) "LGBT INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER10 |
---|
| 190 | + | OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY11 |
---|
| 191 | + | COMMUNITY.12 |
---|
| 192 | + | (5) "NON-GENDERED MULTI-STALL RESTROOM" MEANS A13 |
---|
| 193 | + | RESTROOM WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY14 |
---|
| 194 | + | PEOPLE OF ANY GENDER, INCLUDING A RESTROOM WITH SHARED SINKS BUT15 |
---|
| 195 | + | EACH TOILET IS IN A PRIVATE COMPARTMENT .16 |
---|
| 196 | + | (6) "NON-GENDERED SINGLE-STALL RESTROOM" MEANS A17 |
---|
| 197 | + | RESTROOM THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT18 |
---|
| 198 | + | IS A FULLY ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED19 |
---|
| 199 | + | BY THE USER AND CONTAINS A SINK, TOILET, AND NO MORE THAN ONE20 |
---|
| 200 | + | URINAL.21 |
---|
| 201 | + | (7) (a) "RENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO22 |
---|
| 202 | + | A RESTROOM:23 |
---|
| 203 | + | (I) FOR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR;24 |
---|
| 204 | + | AND25 |
---|
| 205 | + | (II) THAT INCLUDES CHANGING THE STRUCTURE BY :26 |
---|
| 206 | + | (A) INCREASING THE SQUARE FOOTAGE ;27 |
---|
| 207 | + | 1057 |
---|
| 208 | + | -6- (B) INSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM ;1 |
---|
| 209 | + | (C) ADDING, GUTTING, OR REMOVING EXTERIOR RESTROOM2 |
---|
| 210 | + | WALLS; OR3 |
---|
| 211 | + | (D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING4 |
---|
| 212 | + | SYSTEM.5 |
---|
| 213 | + | (b) FOR PURPOSES OF THIS SECTION, RENOVATION DOES NOT6 |
---|
| 214 | + | INCLUDE REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE7 |
---|
| 215 | + | RESTROOM IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED,8 |
---|
| 216 | + | DETERIORATED, OR BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION9 |
---|
| 217 | + | THAT DOES NOT MEET THE CRITERIA DESCRIBED IN SUBSECTION (7)(a) OF10 |
---|
| 218 | + | THIS SECTION.11 |
---|
| 219 | + | (8) "PUBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE12 |
---|
| 220 | + | AGENCY, STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN13 |
---|
| 221 | + | SECTION 23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A14 |
---|
| 222 | + | MUNICIPALITY. FOR PURPOSES OF THIS ARTICLE 5.7, A STATE AGENCY DOES15 |
---|
| 223 | + | NOT INCLUDE ANY BUILDING OWNED AND OPERATED AS AN EDUCATION16 |
---|
| 224 | + | FACILITY BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT,17 |
---|
| 225 | + | CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL.18 |
---|
| 226 | + | 9-5.7-103. Restrooms - baby diaper changing stations -19 |
---|
| 227 | + | applicability - signage - enforcement. (1) ON AND AFTER JANUARY 1,20 |
---|
| 228 | + | 2024, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY A PUBLIC21 |
---|
| 229 | + | ENTITY THAT IS:22 |
---|
372 | | - | (I) P |
---|
373 | | - | ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A |
---|
374 | | - | NON |
---|
375 | | - | -GENDERED MULTI-STALL RESTROOM; |
---|
376 | | - | (II) E |
---|
377 | | - | NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A |
---|
378 | | - | GENDER |
---|
379 | | - | -SPECIFIC RESTROOM; AND |
---|
380 | | - | (III) ALLOW FOR THE USE OF A MULTI -STALL RESTROOM BY ANY |
---|
381 | | - | GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE |
---|
382 | | - | I.P.C. |
---|
383 | | - | OR ANY SUBSEQUENT INTERNATI ONAL PLUMBING CODE ADOPTED AS PART OF |
---|
384 | | - | THE |
---|
385 | | - | COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE |
---|
386 | | - | ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION |
---|
387 | | - | 12-155-106. |
---|
388 | | - | (3) B |
---|
389 | | - | EGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026, |
---|
390 | | - | SUBJECT TO AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE A |
---|
391 | | - | STATE AGENCY |
---|
392 | | - | , A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR |
---|
393 | | - | LEASED BY A PUBLIC ENTITY MUST ENSURE THAT SIGNAGE FOR THE BUILDING |
---|
394 | | - | OR THE PORTION OF THE BUILDING LEASED OR OWNED COMPLIES WITH THE |
---|
395 | | - | FOLLOWING SIGNAGE REQUIREMENTS |
---|
396 | | - | : |
---|
397 | | - | PAGE 8-HOUSE BILL 23-1057 (a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION MUST |
---|
398 | | - | HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT INDICATES THE |
---|
399 | | - | PRESENCE OF THE BABY DIAPER CHANGING STATION |
---|
400 | | - | ; |
---|
401 | | - | (b) A |
---|
402 | | - | NY NON-GENDERED MULTI -STALL RESTROOM OR |
---|
403 | | - | SINGLE |
---|
404 | | - | -GENDERED OR NON-GENDERED SINGLE-STALL RESTROOM MUST HAVE |
---|
405 | | - | SIGNAGE WITH A PICTOGRAM VOID OF GENDER |
---|
406 | | - | ; |
---|
407 | | - | (c) E |
---|
408 | | - | ACH BUILDING THAT IS ACCESSIBLE TO THE PUBLIC MUST |
---|
409 | | - | INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING INDICATING |
---|
410 | | - | THE LOCATION OF RESTROOMS AND BABY DIAPER CH ANGING STATIONS |
---|
411 | | - | . IF |
---|
412 | | - | THERE IS A CENTRAL DIRECTORY ACCESSIBLE TO THE PUBLIC IDENTIFYING |
---|
413 | | - | THE LOCATION OF OFFICES |
---|
414 | | - | , RESTROOMS, AND OTHER FACILITIES IN THE |
---|
415 | | - | BUILDINGS |
---|
416 | | - | , THAT CENTRAL DIRECTORY MUST INDICATE WITH A PICTOGRAM |
---|
417 | | - | VOID OF GENDER THE LOCATION OF ANY BABY DIAPER CHANGING STATION |
---|
418 | | - | AND THE LOCATION OF ANY NON |
---|
419 | | - | -GENDERED MULTI-STALL RESTROOM OR |
---|
420 | | - | SINGLE |
---|
421 | | - | -STALL RESTROOM. |
---|
422 | | - | (d) A |
---|
423 | | - | LL BUILDINGS ACCESSIBLE TO THE PUBLIC WITH NON-GENDERED |
---|
424 | | - | MULTI |
---|
425 | | - | -STALL RESTROOMS OR NON -GENDERED SINGLE-STALL RESTROOMS |
---|
426 | | - | MUST UPDATE SIGNAGE |
---|
427 | | - | , IF NECESSARY, TO INCLUDE A PICTOGRAM VOID OF |
---|
428 | | - | GENDER |
---|
429 | | - | . |
---|
430 | | - | (4) A |
---|
431 | | - | LL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS |
---|
432 | | - | SECTION SHALL COMPLY WITH THE CURRENT |
---|
433 | | - | "ADA STANDARDS FOR |
---|
434 | | - | ACCESSIBLE DESIGN |
---|
435 | | - | " SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC |
---|
436 | | - | ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL |
---|
437 | | - | "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET. |
---|
438 | | - | SEQ., AS AMENDED. |
---|
439 | | - | (5) S |
---|
440 | | - | UBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO THE |
---|
441 | | - | RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING PROJECT |
---|
442 | | - | IF |
---|
443 | | - | : |
---|
444 | | - | (a) A |
---|
445 | | - | LOCAL BUILDING PERMITTING ENTITY OR BUILDING INSPECTOR |
---|
446 | | - | DETERMINES THAT THE INSTALLATION OF A BABY DIAPER CHANGING |
---|
447 | | - | STATION IN ACCORDANCE WITH SUBSECTION |
---|
448 | | - | (1)(d) OF THIS SECTION WOULD |
---|
449 | | - | RESULT IN A FAILURE TO COMPLY WITH APPLICABLE BUILDING STANDARDS |
---|
450 | | - | GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES |
---|
451 | | - | . THE |
---|
452 | | - | PERMITTING ENTITY OR BUILDING INSPECTOR MAY GRANT AN EXEMPTION |
---|
453 | | - | PAGE 9-HOUSE BILL 23-1057 FROM THE REQUIREMENTS OF THIS SECTION UNDER THOSE CIRCUMSTANCES , |
---|
454 | | - | PROVIDED THAT THERE IS DOCUMENTATION DEMONSTRATING THAT NO |
---|
455 | | - | ALTERNATIVE DESIGN IS POSSIBLE THAT COMPLIES WITH THE RIGHT OF |
---|
456 | | - | ACCESS FOR INDIVIDUALS WITH DISABILITIES AND A GOOD FAITH ATTEMPT |
---|
457 | | - | HAS BEEN MADE TO DESIGN A RESTROOM IN A MANNER THAT WOULD |
---|
458 | | - | ACCOMMODATE INDIVIDUALS WITH DISABILITIES AND THE INSTALLATION OF |
---|
459 | | - | A BABY DIAPER CHANGING STATION IN ACCORDANCE WITH SUBSECTION |
---|
460 | | - | (1)(d) OF THIS SECTION. |
---|
461 | | - | (b) T |
---|
462 | | - | HE PROJECT HAS ALREADY PROGRESSED THROUGH THE DESIGN |
---|
463 | | - | REVIEW PROCESS |
---|
464 | | - | , BUDGETING, AND FINAL APPROVAL BY THE GOVERNING |
---|
465 | | - | BODY THAT HAS FINAL APPROVAL OVER CAPITAL CONSTRUCTION PROJECT |
---|
466 | | - | EXPENDITURES AS OF THE EFFECTIVE DATE OF THIS SUBSECTION |
---|
467 | | - | (5)(b), AS |
---|
468 | | - | ENACTED BY |
---|
469 | | - | HOUSE BILL 23-1057. |
---|
470 | | - | (c) T |
---|
471 | | - | HE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC |
---|
472 | | - | STRUCTURE |
---|
473 | | - | . |
---|
474 | | - | (6) A |
---|
475 | | - | NY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS IN A |
---|
476 | | - | BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY WHO CLAIMS |
---|
477 | | - | TO BE AGGRIEVED BY A DISCRIMINATORY OR UNFAIR PRACTICE AS DEFINED |
---|
478 | | - | BY PART |
---|
479 | | - | 4 OF ARTICLE 34 OF TITLE 24, INCLUDING FAILURE TO COMPLY WITH |
---|
480 | | - | THIS ARTICLE |
---|
481 | | - | 5.7, MAY INDIVIDUALLY OR THROUGH THEIR |
---|
482 | | - | ATTORNEY |
---|
483 | | - | -AT-LAW MAKE, SIGN, AND FILE WITH THE COLORADO CIVIL |
---|
484 | | - | RIGHTS DIVISION |
---|
485 | | - | , CREATED IN SECTION 24-34-302, A VERIFIED WRITTEN |
---|
486 | | - | CHARGE STATING THE NAME AND ADDRESS OF THE RESPONDENT ALLEGED TO |
---|
487 | | - | HAVE COMMITTED THE DISCRIMINATORY OR UNFAIR PRACTICE |
---|
488 | | - | . THE CHARGE |
---|
489 | | - | MUST SET FORTH THE PARTICULARS OF THE ALLEGED DISCRIMINATORY OR |
---|
490 | | - | UNFAIR PRACTICE |
---|
491 | | - | , AND CONTAINING ANY OTHER INFORMATION REQUIRED BY |
---|
492 | | - | THE |
---|
493 | | - | COLORADO CIVIL RIGHTS DIVISION. |
---|
494 | | - | 9-5.7-104. Restroom survey of state-owned buildings - priority |
---|
495 | | - | of modifications. (1) (a) T |
---|
496 | | - | HE DEPARTMENT OF PERSONNEL SHALL |
---|
497 | | - | COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY AND THE |
---|
498 | | - | CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER AND |
---|
499 | | - | LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED PURSUANT |
---|
500 | | - | TO SECTION |
---|
501 | | - | 9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS ALL BUILDINGS |
---|
502 | | - | WHOLLY OR PARTIALLY OWNED BY THE STATE |
---|
503 | | - | . |
---|
504 | | - | (b) F |
---|
505 | | - | OR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR |
---|
506 | | - | PAGE 10-HOUSE BILL 23-1057 LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT EITHER |
---|
507 | | - | THE RESTROOM LOCATION OR THE DIRECTORY |
---|
508 | | - | , A PUBLIC ENTITY THAT IS A |
---|
509 | | - | STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION SHALL |
---|
510 | | - | PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS THAT |
---|
511 | | - | NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT TO |
---|
512 | | - | AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION |
---|
513 | | - | 9-5.7-103 |
---|
514 | | - | (3) |
---|
515 | | - | TO THE STATE ARCHITECT. |
---|
516 | | - | (2) T |
---|
517 | | - | HE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM |
---|
518 | | - | REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT |
---|
519 | | - | COMMITTEE BY |
---|
520 | | - | JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024. |
---|
521 | | - | (3) F |
---|
522 | | - | OR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE |
---|
523 | | - | DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF SI GNAGE |
---|
524 | | - | IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE TO THE |
---|
525 | | - | PUBLIC |
---|
526 | | - | . |
---|
527 | | - | SECTION 2. Appropriation. (1) For the 2023-24 state fiscal year, |
---|
528 | | - | $450,000 is appropriated to the department of personnel for use by the |
---|
529 | | - | office of the state architect. This appropriation is from the general fund. To |
---|
530 | | - | implement this act, the office may use this appropriation as follows: |
---|
531 | | - | (a) $400,000 for statewide planning services; and |
---|
532 | | - | (b) $50,000 for a restroom survey of state-owned buildings. |
---|
533 | | - | (2) Any money appropriated under subsection (1)(a) of this section |
---|
534 | | - | not expended prior to July 1, 2024, is further appropriated to the office for |
---|
535 | | - | the 2024-25 and 2025-26 state fiscal years for the same purpose. |
---|
536 | | - | SECTION 3. Act subject to petition - effective date. This act |
---|
537 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
---|
538 | | - | ninety-day period after final adjournment of the general assembly; except |
---|
539 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
---|
540 | | - | of the state constitution against this act or an item, section, or part of this act |
---|
541 | | - | within such period, then the act, item, section, or part will not take effect |
---|
542 | | - | unless approved by the people at the general election to be held in |
---|
543 | | - | PAGE 11-HOUSE BILL 23-1057 November 2023 and, in such case, will take effect on the date of the official |
---|
544 | | - | declaration of the vote thereon by the governor. |
---|
545 | | - | ____________________________ ____________________________ |
---|
546 | | - | Julie McCluskie Steve Fenberg |
---|
547 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
548 | | - | OF REPRESENTATIVES THE SENATE |
---|
549 | | - | ____________________________ ____________________________ |
---|
550 | | - | Robin Jones Cindi L. Markwell |
---|
551 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
552 | | - | OF REPRESENTATIVES THE SENATE |
---|
553 | | - | APPROVED________________________________________ |
---|
554 | | - | (Date and Time) |
---|
555 | | - | _________________________________________ |
---|
556 | | - | Jared S. Polis |
---|
557 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
558 | | - | PAGE 12-HOUSE BILL 23-1057 |
---|
| 348 | + | 25 |
---|
| 349 | + | (I) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A26 |
---|
| 350 | + | NON-GENDERED MULTI-STALL RESTROOM;27 |
---|
| 351 | + | 1057 |
---|
| 352 | + | -10- (II) ENSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A1 |
---|
| 353 | + | GENDER-SPECIFIC RESTROOM; AND 2 |
---|
| 354 | + | (III) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY3 |
---|
| 355 | + | GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.,4 |
---|
| 356 | + | OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART5 |
---|
| 357 | + | OF THE COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE6 |
---|
| 358 | + | ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION7 |
---|
| 359 | + | 12-155-106.8 |
---|
| 360 | + | (3) BEGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026,9 |
---|
| 361 | + | SUBJECT TO AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE10 |
---|
| 362 | + | A STATE AGENCY, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR11 |
---|
| 363 | + | LEASED BY A PUBLIC ENTITY MUST ENSURE THAT SIGNAGE FOR THE12 |
---|
| 364 | + | BUILDING OR THE PORTION OF THE BUILDING LEASED OR OWNED COMPLIES13 |
---|
| 365 | + | WITH THE FOLLOWING SIGNAGE REQUIREMENTS :14 |
---|
| 366 | + | (a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION15 |
---|
| 367 | + | MUST HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT16 |
---|
| 368 | + | INDICATES THE PRESENCE OF THE BABY DIAPER CHANGING STATION ;17 |
---|
| 369 | + | (b) ANY NON-GENDERED MULTI-STALL RESTROOM OR18 |
---|
| 370 | + | SINGLE-GENDERED OR NON-GENDERED SINGLE-STALL RESTROOM MUST19 |
---|
| 371 | + | HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER ;20 |
---|
| 372 | + | (c) EACH BUILDING THAT IS ACCESSIBLE TO THE PUBLIC MUST21 |
---|
| 373 | + | INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING22 |
---|
| 374 | + | INDICATING THE LOCATION OF RESTROOMS AND BABY DIAPER CHANGING23 |
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| 375 | + | STATIONS. IF THERE IS A CENTRAL DIRECTORY ACCESSIBLE TO THE PUBLIC24 |
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| 376 | + | IDENTIFYING THE LOCATION OF OFFICES, RESTROOMS, AND OTHER25 |
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| 377 | + | FACILITIES IN THE BUILDINGS, THAT CENTRAL DIRECTORY MUST INDICATE26 |
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| 378 | + | WITH A PICTOGRAM VOID OF GENDER THE LOCATION OF ANY BABY DIAPER27 |
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| 379 | + | 1057 |
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| 380 | + | -11- CHANGING STATION AND THE LOCATION OF ANY NON -GENDERED1 |
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| 381 | + | MULTI-STALL RESTROOM OR SINGLE-STALL RESTROOM.2 |
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| 382 | + | (d) ALL BUILDINGS ACCESSIBLE TO THE PUBLIC WITH3 |
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| 383 | + | NON-GENDERED MULTI -STALL RESTROOMS OR NON -GENDERED4 |
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| 384 | + | SINGLE-STALL RESTROOMS MUST UPDATE SIGNAGE, IF NECESSARY, TO5 |
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| 385 | + | INCLUDE A PICTOGRAM VOID OF GENDER .6 |
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| 386 | + | (4) ALL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS7 |
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| 387 | + | SECTION SHALL COMPLY WITH THE CURRENT "ADA STANDARDS FOR8 |
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| 388 | + | ACCESSIBLE DESIGN" SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC9 |
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| 389 | + | ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL10 |
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| 390 | + | "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET.11 |
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| 391 | + | SEQ., AS AMENDED.12 |
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| 392 | + | (5) SUBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO13 |
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| 393 | + | THE RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING14 |
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| 394 | + | PROJECT IF:15 |
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| 395 | + | (a) A LOCAL BUILDING PERMITTING ENTITY OR BUILDING16 |
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| 396 | + | INSPECTOR DETERMINES THAT THE INSTALLATION OF A BABY DIAPER17 |
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| 397 | + | CHANGING STATION IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS18 |
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| 398 | + | SECTION WOULD RESULT IN A FAILURE TO COMPLY WITH APPLICABLE19 |
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| 399 | + | BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS20 |
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| 400 | + | WITH DISABILITIES. THE PERMITTING ENTITY OR BUILDING INSPECTOR MAY21 |
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| 401 | + | GRANT AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION UNDER22 |
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| 402 | + | THOSE CIRCUMSTANCES, PROVIDED THAT THERE IS DOCUMENTATION23 |
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| 403 | + | DEMONSTRATING THAT NO ALTERNATIVE DESIGN IS POSSIBLE THAT24 |
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| 404 | + | COMPLIES WITH THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES25 |
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| 405 | + | AND A GOOD FAITH ATTEMPT HAS BEEN MADE TO DESIGN A RESTROOM IN26 |
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| 406 | + | A MANNER THAT WOULD ACCOMMODATE INDIVIDUALS WITH DISABILITIES27 |
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| 407 | + | 1057 |
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| 408 | + | -12- AND THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN1 |
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| 409 | + | ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION. 2 |
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| 410 | + | (b) THE PROJECT HAS ALREADY PROGRESSED THROUGH THE3 |
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| 411 | + | DESIGN REVIEW PROCESS, BUDGETING, AND FINAL APPROVAL BY THE4 |
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| 412 | + | GOVERNING BODY THAT HAS FINAL APPROVAL OVER CAPITAL5 |
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| 413 | + | CONSTRUCTION PROJECT EXPENDITURES AS OF THE EFFECTIVE DATE OF6 |
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| 414 | + | THIS SUBSECTION (5)(b), AS ENACTED BY HOUSE BILL 23-1057.7 |
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| 415 | + | (c) THE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC8 |
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| 416 | + | STRUCTURE.9 |
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| 417 | + | (6) ANY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS IN10 |
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| 418 | + | A BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY WHO11 |
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| 419 | + | CLAIMS TO BE AGGRIEVED BY A DISCRIMINATORY OR UNFAIR PRACTICE AS12 |
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| 420 | + | DEFINED BY PART 4 OF ARTICLE 34 OF TITLE 24, INCLUDING FAILURE TO13 |
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| 421 | + | COMPLY WITH THIS ARTICLE 5.7, MAY INDIVIDUALLY OR THROUGH THEIR14 |
---|
| 422 | + | ATTORNEY-AT-LAW MAKE, SIGN, AND FILE WITH THE COLORADO CIVIL15 |
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| 423 | + | RIGHTS DIVISION, CREATED IN SECTION 24-34-302, A VERIFIED WRITTEN16 |
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| 424 | + | CHARGE STATING THE NAME AND ADDRESS OF THE RESPONDENT ALLEGED17 |
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| 425 | + | TO HAVE COMMITTED THE DISCRIMINATORY OR UNFAIR PRACTICE . THE18 |
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| 426 | + | CHARGE MUST SET FORTH THE PARTICULARS OF THE ALLEGED19 |
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| 427 | + | DISCRIMINATORY OR UNFAIR PRACTICE, AND CONTAINING ANY OTHER20 |
---|
| 428 | + | INFORMATION REQUIRED BY THE COLORADO CIVIL RIGHTS DIVISION.21 |
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| 429 | + | 9-5.7-104. Restroom survey of state-owned buildings - priority22 |
---|
| 430 | + | of modifications. (1) (a) THE DEPARTMENT OF PERSONNEL SHALL23 |
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| 431 | + | COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY AND24 |
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| 432 | + | THE CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER AND25 |
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| 433 | + | LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED PURSUANT26 |
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| 434 | + | TO SECTION 9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS ALL27 |
---|
| 435 | + | 1057 |
---|
| 436 | + | -13- BUILDINGS WHOLLY OR PARTIALLY OWNED BY THE STATE .1 |
---|
| 437 | + | (b) FOR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR2 |
---|
| 438 | + | LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT3 |
---|
| 439 | + | EITHER THE RESTROOM LOCATION OR THE DIRECTORY, A PUBLIC ENTITY4 |
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| 440 | + | THAT IS A STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION5 |
---|
| 441 | + | SHALL PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS6 |
---|
| 442 | + | THAT NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT7 |
---|
| 443 | + | TO AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION8 |
---|
| 444 | + | 9-5.7-103 (3) TO THE STATE ARCHITECT.9 |
---|
| 445 | + | (2) THE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM10 |
---|
| 446 | + | REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT11 |
---|
| 447 | + | COMMITTEE BY JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024.12 |
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| 448 | + | (3) FOR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE13 |
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| 449 | + | DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF14 |
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| 450 | + | SIGNAGE IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE15 |
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| 451 | + | TO THE PUBLIC.16 |
---|
| 452 | + | SECTION 2. Appropriation. (1) For the 2023-24 state fiscal17 |
---|
| 453 | + | year, $450,000 is appropriated to the department of personnel for use by18 |
---|
| 454 | + | the office of the state architect. This appropriation is from the general19 |
---|
| 455 | + | fund. To implement this act, the office may use this appropriation as20 |
---|
| 456 | + | follows:21 |
---|
| 457 | + | (a) $400,000 for statewide planning services; and22 |
---|
| 458 | + | (b) $50,000 for a restroom survey of state-owned buildings.23 |
---|
| 459 | + | (2) Any money appropriated under subsection (1)(a) of this24 |
---|
| 460 | + | section not expended prior to July 1, 2024, is further appropriated to the25 |
---|
| 461 | + | office for the 2024-25 and 2025-26 state fiscal years for the same26 |
---|
| 462 | + | purpose.27 |
---|
| 463 | + | 1057 |
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| 464 | + | -14- SECTION 3. Act subject to petition - effective date. This act1 |
---|
| 465 | + | takes effect at 12:01 a.m. on the day following the expiration of the2 |
---|
| 466 | + | ninety-day period after final adjournment of the general assembly; except3 |
---|
| 467 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V4 |
---|
| 468 | + | of the state constitution against this act or an item, section, or part of this5 |
---|
| 469 | + | act within such period, then the act, item, section, or part will not take6 |
---|
| 470 | + | effect unless approved by the people at the general election to be held in7 |
---|
| 471 | + | November 2023 and, in such case, will take effect on the date of the8 |
---|
| 472 | + | official declaration of the vote thereon by the governor.9 |
---|
| 473 | + | 1057 |
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| 474 | + | -15- |
---|