First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 23-1005.02 Jane Ritter x4342 HOUSE BILL 23-1296 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations A BILL FOR AN ACT C ONCERNING THE CREATION OF A TASK FORCE TO STUDY ISSUES101 RELATED TO THE RIGHTS OF COLORADANS WITH DISABILITIES,102 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities: ! The rewrite subcommittee, which must study and make HOUSE 3rd Reading Unamended April 29, 2023 HOUSE Amended 2nd Reading April 26, 2023 HOUSE SPONSORSHIP Ortiz and Herod, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran, English, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lukens, Mabrey, Marshall, Martinez, McCluskie, McCormick, McLachlan, Ricks, Sharbini, Sirota, Snyder, Story, Titone, Velasco, Weissman, Willford, Young SENATE SPONSORSHIP Winter F., Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities; ! The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities; ! The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and ! The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government. Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit the governor and general assembly on or before January 30, 2025. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add part 10 to article2 34 of title 24 as follows:3 PART 104 TASK FORCE ON THE RIGHTS OF5 COLORADANS WITH DISABILITIES6 24-34-1001. Legislative declaration. (1) T HE GENERAL7 ASSEMBLY FINDS AND DECLARES THAT :8 (a) A PPROXIMATELY TWENTY PERCENT OF COLORADANS LIVE9 WITH A DISABILITY;10 (b) C OLORADO IS COMMITTED TO PROTECTING THE CIVIL RIGHTS11 OF PERSONS WITH DISABILITIES; AND12 (c) P ROTECTION FROM DISCRIMINATION AND BASIC ACCESS TO13 GOVERNMENT SERVICES, HOUSING, EMPLOYMENT, AND RECREATION ARE14 IMPORTANT FOR THE WELL-BEING OF COLORADANS WITH DISABILITIES.15 (2) T HEREFORE, THE GENERAL ASSEMBLY DETERMINES IT IS IN THE16 1296-2- BEST INTERESTS OF ALL COLORADANS, AND ESPECIALLY COLORADANS1 LIVING WITH DISABILITIES, TO FORM SEVERAL GROUPS TO STUDY AND2 MAKE RECOMMENDATIONS FOR CHANGE ON ISSUES RELATED TO CIVIL3 RIGHTS AND BASIC ACCESSIBILITY FOR PERSONS WITH DISABILITIES .4 24-34-1002. Definitions. A S USED IN THIS PART 10, UNLESS THE5 CONTEXT OTHERWISE REQUIRES :6 (1) "A DAPTIVE OUTDOOR RECREATION USER " MEANS A PERSON7 WITH A DISABILITY WHO USES THE COLORADO OUTDOORS, INCLUDING BUT8 NOT LIMITED TO THOSE PERSONS USING SKI AREAS AND PERSONS USING9 ADAPTIVE OR SPECIALIZED RECREATION EQUIPMENT .10 (2) "B ASIC ACCESS", OR "BASIC ACCESSIBILITY", CONSTITUTE11 PUBLIC SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING12 INFORMATION, ACTIVITIES, AND ENVIRONMENTS SENSIBLE, MEANINGFUL,13 USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE.14 (3) "C OLORADO OUTDOORS " MEANS COLORADO'S OPEN SPACES,15 STATE PARKS, PUBLIC LANDS, AND ANY OTHER OUTDOOR RECREATION16 AREAS OPEN TO THE PUBLIC IN THE STATE.17 (4) "C OMMISSION" MEANS THE COLORADO CIVIL RIGHTS18 COMMISSION CREATED IN SECTION 24-34-303.19 (5) "G OVERNMENT SUBCOMMITTEE " MEANS THE SUBCOMMITTEE20 CREATED IN SECTION 24-34-1007 TO STUDY AND MAKE21 RECOMMENDATIONS RELATED TO PHYSICAL AND PROGRAMMATIC BASIC22 ACCESSIBILITY WITHIN STATE AND LOCAL GOVERNMENT .23 (6) "H OUSING SUBCOMMITTEE " MEANS THE SUBCOMMITTEE24 CREATED IN SECTION 24-34-1006 TO STUDY AND MAKE25 RECOMMENDATIONS RELATED TO THE AFFORDABILITY , ACCESSIBILITY,26 AND ATTAINABILITY OF HOUSING FOR PERSONS WITH DISABILITIES .27 1296 -3- (7) "OUTDOORS SUBCOMMITTEE " MEANS THE SUBCOMMITTEE1 CREATED IN SECTION 24-34-1005 TO STUDY AND MAKE2 RECOMMENDATIONS RELATED TO BASIC ACCESS TO THE COLORADO3 OUTDOORS FOR PERSONS WITH DISABILITIES .4 (8) "R EWRITE SUBCOMMITTEE " MEANS THE SUBCOMMITTEE5 CREATED IN SECTION 24-34-1004 TO STUDY AND MAKE6 RECOMMENDATIONS CONCERNING THE VARIOUS ISSUES RELATED TO THE7 REWRITE AND MODERNIZATION OF THE COLORADO REVISED STATUTES8 CONCERNING CIVIL RIGHTS FOR PERSONS WITH DISABILITIES .9 (9) "T ASK FORCE" MEANS THE TASK FORCE ON THE RIGHTS OF10 C OLORADANS WITH DISABILITIES CREATED IN SECTION 24-34-1003.11 24-34-1003. Task force on the rights of Coloradans with12 disabilities - creation - membership - report. (1) T HERE IS CREATED IN13 THE COMMISSION THE TASK FORCE ON THE RIGHTS OF COLORADANS WITH14 DISABILITIES. THE MISSION OF THE TASK FORCE IS TO BRING TOGETHER THE15 APPROPRIATE STAKEHOLDERS, EXPERTS, AND IMPACTED GROUPS TO STUDY16 AND MAKE RECOMMENDATIONS CONCERNING ISSUES RELATED TO PERSONS17 WITH DISABILITIES. THE TASK FORCE SHALL CREATE SUBCOMMITTEES TO18 STUDY AND REPORT FINDINGS ON THE FOLLOWING ISSUES :19 (a) R EWRITING AND MODERNIZING THE COLORADO REVISED20 S TATUTES CONCERNING CIVIL RIGHTS FOR PERSONS WITH DISABILITIES ;21 (b) B ASIC ACCESS TO THE COLORADO OUTDOORS FOR PERSONS22 WITH DISABILITIES;23 (c) T HE AFFORDABILITY, ACCESSIBILITY, AND ATTAINABILITY OF24 HOUSING FOR PERSONS WITH DISABILITIES;25 (d) P HYSICAL AND PROGRAMMATIC BASIC ACCESS WITHIN STATE26 AND LOCAL GOVERNMENT ; AND27 1296 -4- (e) ANY OTHER ISSUE RELATED TO ACCESSIBILITY AND THE CIVIL1 RIGHTS OF PERSONS WITH DISABILITIES.2 (2) T HE TASK FORCE INCLUDES THE FOLLOWING MEMBERS ,3 APPOINTED ON OR BEFORE AUGUST 1, 2023:4 (a) T HE LIEUTENANT GOVERNOR, OR THE LIEUTENANT GOVERNOR'S5 DESIGNEE, WHO IS A NON-VOTING MEMBER EXCEPT AS NECESSARY TO6 BREAK A TIE;7 (b) F OUR VOTING MEMBERS WHO ARE EITHER FROM A DISABILITY8 RIGHTS ADVOCACY ORGANIZATION OR A V ETERANS SERVICE9 ORGANIZATION THAT SERVES VETERANS WITH A DISABILITY . THE SPEAKER10 OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, THE11 MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES , AND THE12 MINORITY LEADER OF THE SENATE SHALL EACH APPOINT ONE VOTING13 MEMBER.14 (c) F OUR VOTING MEMBERS AS APPOINTED BY THE GOVERNOR ; AND15 (d) S UBJECT MATTER EXPERTS MUST BE ALLOWED TO PARTICIPATE16 IN TASK FORCE DISCUSSIONS UPON THE INVITATION OF THE TASK FORCE .17 T HE SUBJECT MATTER EXPERTS PRESENCE IS NOT REQUIRED OR INCLUDED18 IN DETERMINING A QUORUM OF THE TASK FORCE . THE SUBJECT MATTER19 EXPERTS MUST INCLUDE, BUT NEED NOT BE LIMITED TO:20 (I) R EPRESENTATION FROM THE DEPARTMENT OF LOCAL AFFAIRS ;21 (II) R EPRESENTATION FROM THE DIVISION OF HOUSING WITHIN THE22 DEPARTMENT OF LOCAL AFFAIRS ;23 (III) R EPRESENTATION FROM THE DEPARTMENT OF REGULATORY24 AGENCIES;25 (IV) R EPRESENTATION FROM THE COLORADO CIVIL RIGHTS26 COMMISSION;27 1296 -5- (V) REPRESENTATION FROM THE COLORADO OFFICE OF ECONOMIC1 DEVELOPMENT AND INTERNATIONAL TRADE ;2 (VI) R EPRESENTATION FROM THE OFFICE OF STATE PLANNING AND3 BUDGETING;4 (VII) R EPRESENTATION FROM VARYING ADVOCACY5 ORGANIZATIONS AS DEEMED APPROPRIATE ;6 (VIII) D ISABILITY LAW EXPERTS;7 (IX) O THER LEGAL EXPERTS; AND8 (X) P ERSONS WHO REPRESENT COLORADO'S FEDERAL PARTNERS.9 (3) T HE TASK FORCE SHALL CREATE THE SUBCOMMITTEES10 IDENTIFIED IN SECTIONS 24-34-1004 TO 24-34-1007, AND THE GOVERNOR11 SHALL MAKE APPOINTMENTS TO EACH SUBCOMMITTEE , BASED ON12 RECOMMENDATIONS FROM THE TASK FORCE . EACH SUBCOMMITTEE SHALL13 MAKE SEPARATE REPORTS ON ITS FINDINGS AND RECOMMENDATIONS AND14 PROVIDE THE REPORTS TO THE TASK FORCE .15 (4) T HE TASK FORCE SHALL PRODUCE A FINAL REPORT , INCLUDING16 RECOMMENDATIONS , AND SUBMIT IT TO THE GOVERNOR AND GENERAL17 ASSEMBLY ON OR BEFORE JANUARY 30, 2025. THE TASK FORCE SHALL18 CONSIDER THE REPORTS OF THE SUBCOMMITTEES BUT IS NOT BOUND BY19 ANY FINDINGS OR CONCLUSIONS OF ANY SUBCOMMITTEE IN PRODUCING ITS20 FINAL REPORT.21 (5) T HE TASK FORCE MAY EMPLOY ONE -AND-A-HALF FULL-TIME22 EMPLOYEES AND CONTRACT WITH A VENDOR TO FACILITATE AND ASSIST23 WITH THE OPERATIONS AND DUTIES OF THE TASK FORCE AND24 SUBCOMMITTEES. TASK FORCE MEMBERS AND SUBCOMMITTEE MEMBERS25 MAY RECEIVE PER DIEM COMPENSATION AND MAY BE REIMBURSED FOR26 ACTUAL AND NECESSARY EXPENSES INCURRED WHILE ON OFFICIAL TASK27 1296 -6- FORCE OR SUBCOMMITTEE BUSINESS , AS PROVIDED IN SECTION 12-20-1031 (6).2 24-34-1004. Subcommittee on the rewrite and modernization3 of the Colorado Revised Statutes concerning civil rights of persons4 with disabilities - membership - purpose - reporting. (1) O N OR5 BEFORE SEPTEMBER 15, 2023, THE TASK FORCE SHALL CREATE THE6 SUBCOMMITTEE ON THE REWRITE AND MODERNIZATION OF THE COLORADO7 R EVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH8 DISABILITIES. THE PURPOSE OF THE REWRITE SUBCOMMITTEE IS TO STUDY9 THE CURRENT COLORADO REVISED STATUTES CONCERNING THE CIVIL10 RIGHTS OF PERSONS WITH DISABILITIES AND MAKE RECOMMENDATIONS11 FOR A THOROUGH REVISION AND REWRITE TO IMPROVE CLARITY , ENSURE12 THE CIVIL RIGHTS OF COLORADANS ARE PROTECTED , AND ENSURE THE13 PROTECTIONS ARE ENFORCEABLE .14 (2) T HE REWRITE SUBCOMMITTEE MUST , AT A MINIMUM, INCLUDE15 REPRESENTATION FROM DISABILITY ADVOCATES AND GOVERNMENT16 REPRESENTATIVES WITH LEGAL EXPERTISE, APPOINTED BY THE GOVERNOR,17 BASED ON RECOMMENDATIONS FROM THE TASK FORCE . AT A MINIMUM,18 THE REWRITE SUBCOMMITTEE INCLUDES :19 (a) F OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS20 ADVOCACY ORGANIZATIONS , WITH AT LEAST TWO MEMBERS WHO ARE21 INDIVIDUALS LIVING WITH A DISABILITY, INCLUDING:22 (I) T WO ATTORNEYS WITH LITIGATION EXPERIENCE ;23 (II) O NE MEMBER WITHOUT LITIGATION EXPERIENCE ; AND24 (III) O NE MEMBER WHO REPRESENTS A VETERANS SERVICE25 ORGANIZATION THAT SERVES VETERANS WITH A DISABILITY .26 (b) F OUR MEMBERS WHO REPRESENT GOVERNMENT AND BUSINESS27 1296 -7- COMMUNITY INTERESTS.1 (3) T HE REWRITE SUBCOMMITTEE SHALL SUBMIT AN INITIAL2 REPORT WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE3 ON OR BEFORE DECEMBER 1, 2023, AND A FINAL REPORT TO THE TASK4 FORCE ON OR BEFORE DECEMBER 1, 2024. THE REPORT MUST INCLUDE, AT5 A MINIMUM, RECOMMENDATIONS FOR CLARITY AND IMPROVEMENT OF THE6 C OLORADO REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF7 PERSONS WITH DISABILITIES; A DISCUSSION OF DAMAGES FOR EMOTIONAL8 DISTRESS FOR PERSONS SUBJECT TO DISCRIMINATION ; CONSIDERATIONS9 FOR PUBLIC ENTITIES AND PRIVATE BUSINESSES , INCLUDING SIZES OF10 ENTITIES AND GENERAL CLARITY ON REQUIREMENTS , TO COMPLY WITH THE11 C OLORADO REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF12 PERSONS WITH DISABILITIES.13 24-34-1005. Subcommittee on basic access to Colorado14 outdoors for persons with disabilities - membership - purpose -15 reporting. (1) O N OR BEFORE OCTOBER 30, 2023, THE TASK FORCE SHALL16 CREATE THE SUBCOMMITTEE ON BASIC ACCESS TO THE COLORADO17 OUTDOORS FOR PERSONS WITH DISABILITIES . THE PURPOSE OF THE18 OUTDOORS SUBCOMMITTEE IS TO IDENTIFY BARRIERS TO BASIC ACCESS TO19 AND THE ENJOYMENT OF THE COLORADO OUTDOORS FOR PERSONS WITH20 DISABILITIES AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE21 BARRIERS.22 (2) T HE OUTDOORS SUBCOMMITTEE MUST , AT A MINIMUM,23 INCLUDE REPRESENTATION FROM DISABILITY ADVOCATES , ATHLETES AND24 OUTDOOR ENTHUSIASTS WITH DISABILITIES , AND GOVERNMENT25 REPRESENTATIVES FROM APPROPRIATE AGENCIES . INDIVIDUALS ARE26 APPOINTED BY THE GOVERNOR BASED ON RECOMMENDATIONS FROM THE27 1296 -8- TASK FORCE AND AT A MINIMUM , THE OUTDOORS SUBCOMMITTEE1 INCLUDES:2 (a) F OUR MEMBERS WHO REPRESENT ADAPTIVE OUTDOOR3 RECREATION USERS, ADAPTIVE OUTDOOR RECREATION PROGRAMS , AND4 ADAPTIVE TRAILS; VETERAN SERVICE ORGANIZATIONS THAT SERVE5 VETERANS WITH A DISABILITY ; AND DISABILITY RIGHTS ADVOCACY6 ORGANIZATIONS; AND7 (b) F OUR MEMBERS WHO REPRESENT COLORADO'S OUTDOOR8 RECREATION INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES .9 (3) T HE OUTDOORS SUBCOMMITTEE SHALL SUBMIT A REPORT WITH10 ITS FINDINGS AND RECOMMENDATIONS , INCLUDING RECOMMENDATIONS11 ON BEST PRACTICES AND GUIDANCE FOR CREATING BASIC ACCESS TO12 C OLORADO OUTDOOR SPACES FOR PEOPLE WITH DISABILITIES , TO THE TASK13 FORCE ON OR BEFORE DECEMBER 1, 2024.14 24-34-1006. Subcommittee on affordability, accessibility, and15 attainability of housing for persons with disabilities - membership -16 purpose - reporting. (1) O N OR BEFORE OCTOBER 30, 2023, THE TASK17 FORCE SHALL CREATE THE SUBCOMMITTEE ON THE AFFORDABILITY ,18 ACCESSIBILITY, AND ATTAINABILITY OF HOUSING FOR PERSONS WITH19 DISABILITIES. THE PURPOSE OF THE HOUSING SUBCOMMITTEE IS TO20 IDENTIFY BARRIERS TO SECURING AND ENJOYING SECURE AND21 AFFORDABLE, ACCESSIBLE, AND ATTAINABLE HOUSING FOR PERSONS WITH22 DISABILITIES AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE23 BARRIERS.24 (2) T HE GOVERNOR SHALL APPOINT MEMBERS TO THE HOUSING25 SUBCOMMITTEE BASED ON RECOMMENDATIONS FROM THE TASK FORCE .26 T HE HOUSING SUBCOMMITTEE INCLUDES , AT A MINIMUM:27 1296 -9- (a) FOUR MEMBERS WHO REPRESENT DISABILITY RIGHTS1 ADVOCACY ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS2 THAT SERVE DISABLED VETERANS ; AND3 (b) F OUR MEMBERS WHO REPRESENT THE COLORADO HOUSING4 INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES .5 (3) T HE HOUSING SUBCOMMITTEE SHALL SUBMIT A REPORT WITH6 ITS FINDINGS AND RECOMMENDATIONS OUTLINING THE CURRENT NEED FOR7 AND INVENTORY OF ACCESSIBLE HOUSING IN COLORADO, THE PROJECTED8 INCREASED NEED FOR ACCESSIBLE HOUSING IN THE NEXT DECADE , AND9 RECOMMENDATIONS TO MEET FUTURE HOUSING DEMAND , INCLUDING10 FINANCING FOR LOW -INCOME HOUSING DEVELOPMENT AND ANY11 STATUTORY REQUIREMENTS , TO THE TASK FORCE ON OR BEFORE12 D ECEMBER 1, 2024.13 24-34-1007. Subcommittee on physical and programmatic14 basic access within state and local government for persons with15 disabilities - membership - purpose - reporting. (1) O N OR BEFORE16 O CTOBER 30, 2023, THE TASK FORCE SHALL CREATE THE SUBCOMMITTEE17 ON PHYSICAL AND PROGRAMMATIC BASIC ACCESS WITHIN STATE AND18 LOCAL GOVERNMENT FOR PERSONS WITH DISABILITIES . THE PURPOSE OF19 THE GOVERNMENT SUBCOMMITTEE IS TO STUDY AND MAKE20 RECOMMENDATIONS ON ISSUES TO ENSURE PEOPLE WITH DISABILITIES21 HAVE ACCESS TO THE SERVICES THEY NEED , ARE ABLE TO EFFECTIVELY22 PARTICIPATE IN PUBLIC DISCUSSION, ARE ABLE TO BE EMPLOYED BY23 GOVERNMENTAL AGENCIES , AND CAN RUN FOR AND EFFECTIVELY SERVE24 IN ELECTED POSITIONS.25 (2) T HE GOVERNMENT SUBCOMMITTEE MUST , AT A MINIMUM,26 INCLUDE REPRESENTATION FROM DISABILITY ADVOCATES . THE GOVERNOR27 1296 -10- SHALL APPOINT MEMBERS TO THE GOVERNMENT SUBCOMMITTEE BASED ON1 RECOMMENDATIONS FROM THE TASK FORCE AND SHALL APPOINT MORE2 MEMBERS WHO REPRESENT DISABILITY ADVOCATES THAN MEMBERS WHO3 REPRESENT GOVERNMENT AGENCIES . AT A MINIMUM, THE GOVERNMENT4 SUBCOMMITTEE INCLUDES :5 (a) F OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS6 ADVOCACY ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS7 THAT SERVE VETERANS WITH DISABILITIES ; AND8 (b) F OUR MEMBERS WHO REPRESENT LOCAL AND STATE9 GOVERNMENT.10 (3) T HE GOVERNMENT SUBCOMMITTEE SHALL SUBMIT A REPORT11 WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE ON OR12 BEFORE DECEMBER 1, 2024.13 24-34-1008. Repeal of part. T HIS PART 10 IS REPEALED,14 EFFECTIVE JUNE 30, 2025.15 SECTION 2. In Colorado Revised Statutes, amend 24-34-301 as16 follows:17 24-34-301. Definitions. As used in parts 3 to 8 10 of this article18 34, unless the context otherwise requires:19 (1) "Age" means a chronological age of at least forty years.20 (1.1) (2) "Agency" or "state agency" means any board, bureau,21 commission, department, institution, division, section, or officer of the22 state.23 (3) "B ASIC ACCESS", OR "BASIC ACCESSIBILITY" CONSTITUTE24 PUBLIC SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING25 INFORMATION, ACTIVITIES, AND ENVIRONMENTS SENSIBLE, MEANINGFUL,26 USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE.27 1296 -11- (1.5) (4) "Commission" means the Colorado civil rights1 commission created in section 24-34-303.2 (1.6) (5) "Commissioner" means a member of the Colorado civil3 rights commission.4 (2) (6) "Director" means the director of the Colorado civil rights5 division which office is created in section 24-34-302.6 (2.5) (7) "Disability" has the same meaning as set forth in the7 federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 121018 et seq., and its related amendments and implementing regulations.9 (3) (8) "Division" means the Colorado civil rights division,10 created in section 24-34-302.11 (3.3) (9) "Gender expression" means an individual's way of12 reflecting and expressing the individual's gender to the outside world,13 typically demonstrated through appearance, dress, and behavior.14 (3.5) (10) "Gender identity" means an individual's innate sense of15 the individual's own gender, which may or may not correspond with the16 individual's sex assigned at birth.17 (4) (Deleted by amendment, L. 93, p. 1655, ยง 59, effective July 1,18 1993.)19 (4.1) (11) "Housing" means a building, structure, vacant land, or20 part thereof offered for sale, lease, rent, or transfer of ownership; except21 that "housing" does not include any room offered for rent or lease in a22 single-family dwelling maintained and occupied in part by the owner or23 lessee of said THE dwelling as his or her THE OWNER'S OR LESSEE'S24 household.25 (4.2) (12) "Housing accommodations" means any real property or26 portion thereof that is used or occupied, or intended, arranged, or27 1296 -12- designed to be used or occupied, as the home, residence, or sleeping place1 of one or more persons but does not include any single family residence,2 the occupants of which rent, lease, or furnish for compensation not more3 than one room in that residence.4 (13) "I NDIVIDUAL WITH A DISABILITY" MEANS AN INDIVIDUAL WITH5 A DISABILITY OR DISABILITIES.6 (4.5) (14) "Marital status" means a relationship or a spousal status7 of an individual, including, but not limited to, being single, cohabitating,8 engaged, widowed, married, in a civil union, or legally separated, or a9 relationship or a spousal status of an individual who has had or is in the10 process of having a marriage or civil union dissolved or declared invalid.11 (5) (15) (a) "Person" means one or more individuals, limited12 liability companies, partnerships, associations, corporations, legal13 representatives, trustees, receivers, or the state of Colorado and all of its14 political subdivisions and agencies.15 (b) For the purposes of part 5 of this article 34, "person" does not16 include any private club not open to the public that, as an incident to its17 primary purpose or purposes, provides lodgings that it owns or operates18 for other than a commercial purpose, unless the club has the purpose of19 promoting discrimination in the matter of housing against any person20 because of disability, race, creed, color, religion, sex, sexual orientation,21 gender identity, gender expression, marital status, familial status, national22 origin, or ancestry.23 (5.1) (16) "Place of public accommodation" or "public24 accommodation" has the same meaning as set forth in Title III of the25 federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 1218126 (7), and its related amendments and implementing regulations.27 1296 -13- (5.3) (17) "Protective hairstyle" includes such hairstyles as braids,1 locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and2 headwraps.3 (5.4) (18) "Public entity" means:4 (a) Any state or local government; or5 (b) Any department, agency, special district, or other6 instrumentality of a state or local government.7 (5.5) (19) "Public transportation service" means a common carrier8 of passengers or any other means of public conveyance or modes of9 transportation, including, but not limited to, airplanes, motor vehicles,10 railroad trains, motor buses, streetcars, boats, or taxis.11 (5.6) (20) "Qualified individual with a disability" or "individual12 with a disability" has the same meaning as set forth in the federal13 "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its14 related amendments and implementing regulations.15 (5.8) (21) "Race" includes hair texture, hair type, or a protective16 hairstyle that is commonly or historically associated with race.17 (6) (22) "Respondent" means any person, agency, organization, or18 other entity against whom a charge is filed pursuant to any of the19 provisions of parts 3 to 8 of this article ARTICLE 34.20 (6.5) (23) "Service animal" has the same meaning as set forth in21 the implementing regulations of Title II and Title III of the federal22 "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.23 (7) (24) "Sexual orientation" means an individual's identity, or24 another individual's perception thereof, in relation to the gender or25 genders to which the individual is sexually or emotionally attracted and26 the behavior or social affiliation that may result from the attraction.27 1296 -14- (8) (25) "Trainer of a service animal" means a person who1 individually trains a service animal.2 SECTION 3. In Colorado Revised Statutes, 18-13-107, amend3 (1) and (3) as follows:4 18-13-107. Interference with persons with disabilities. (1) A5 person shall not falsely impersonate an individual with a disability, as that6 term is defined in section 24-34-301 (5.6), C.R.S. SECTION 24-34-301.7 (3) A person shall not knowingly deny an individual with a8 disability, as defined in section 24-34-301 (5.6), C.R.S. SECTION9 24-34-301, any right or privilege protected in section 24-34-502,10 24-34-502.2, 24-34-601, 24-34-802, (1), or 24-34-803. C.R.S.11 SECTION 4. In Colorado Revised Statutes, 24-32-706, amend12 (1) as follows:13 24-32-706. State housing board. (1) There is created, within the14 division of housing, the state housing board. The governor shall appoint15 one member from each congressional district in the state TO THE BOARD.16 The member must be a qualified elector of the congressional district from17 which the member is appointed. In making appointments to the board, the18 governor shall include representation by at least one member who is a19 person with a disability, as defined in section 24-34-301 (2.5) SECTION20 24-34-301, a family member of a person with a disability, or a member of21 an advocacy group for persons with disabilities.22 SECTION 5. In Colorado Revised Statutes, 24-34-501, amend23 (3) as follows:24 24-34-501. Definitions. As used in this part 5, unless the context25 otherwise requires:26 (3) "Person" has the meaning ascribed to such term in section27 1296 -15- 24-34-301 (5) SAME MEANING AS SET FORTH IN SECTION 24-34-301 and1 includes any owner, lessee, proprietor, manager, employee, or any agent2 of a person; but, for purposes of this part 5, "person" does not include any3 private club not open to the public that, as an incident to its primary4 purpose or purposes, provides lodgings that it owns or operates for other5 than a commercial purpose, unless the club has the purpose of promoting6 discrimination in the matter of housing against any person because of7 disability, race, creed, color, religion, sex, sexual orientation, gender8 identity, gender expression, marital status, familial status, veteran or9 military status, national origin, or ancestry.10 SECTION 6. In Colorado Revised Statutes, 24-34-802, amend11 (1)(b) and (2)(a) introductory portion as follows:12 24-34-802. Violations - penalties - immunity. (1) (b) An13 individual with a disability, as defined in section 24-34-301 (5.6) SECTION14 24-34-301, must not, by reason of the individual's disability, be excluded15 from participation in or be denied the benefits of services, programs, or16 activities provided by a public entity, as defined in section 24-34-301, or17 a state agency, as defined in section 24-37.5-102, or be subjected to18 discrimination by any such public entity or state agency.19 (2) (a) An individual with a disability, as defined in section20 24-34-301 (5.6) SECTION 24-34-301, who is subject to a violation of21 subsection (1) of this section or of section 24-34-502, 24-34-502.2,22 24-34-601, or 24-34-803 based on the individual's disability may bring a23 civil suit in a court of competent jurisdiction and, except as provided in24 section 24-85-103, is entitled to any of the following remedies:25 SECTION 7. In Colorado Revised Statutes, 25-1-103, amend26 (1)(d) as follows:27 1296 -16- 25-1-103. State board of health created. (1) (d) The term of1 office for each appointed member is four years. In making appointments2 to the board, the governor shall ensure that no business or professional3 group constitutes a majority of the board. In making appointments to the4 board, the governor is encouraged to include representation by at least5 one member who is a person with a disability, as defined in section6 24-34-301 (2.5) SECTION 24-34-301, a family member of a person with a7 disability, or a member of an advocacy group for persons with disabilities8 if the other requirements of this subsection (1) are met.9 SECTION 8. In Colorado Revised Statutes, 25-4-1615, amend10 (4) as follows:11 25-4-1615. Pet dogs in retail food establishments - prohibited12 - exceptions. (4) Nothing in this section is intended to restrict the13 presence of a service animal, as defined in section 24-34-301 (6.5)14 SECTION 24-34-301.15 SECTION 9. In Colorado Revised Statutes, 25.5-1-301, amend16 (1)(d)(III) as follows:17 25.5-1-301. Medical services board - creation. (1) (d) In18 making appointments to the board, the governor shall include:19 (III) Representation by at least one member who is a person with20 a disability, as defined in section 24-34-301 (2.5) SECTION 24-34-301, a21 family member of a person with a disability, or a member of an advocacy22 group for persons with disabilities, provided that the other requirements23 of this subsection (1) are met.24 SECTION 10. In Colorado Revised Statutes, 26-1-107, amend25 (1)(b)(I) as follows:26 26-1-107. State board of human services - rules. (1) (b) The27 1296 -17- board consists of:1 (I) One member who is a person with a disability, as defined in2 section 24-34-301 (2.5) SECTION 24-34-301, a family member of a person3 with a disability, or a member of an advocacy group for persons with4 disabilities;5 SECTION 11. In Colorado Revised Statutes, 26.5-3-204, amend6 (2)(e) as follows:7 26.5-3-204. Colorado child abuse prevention board - creation8 - members - terms - vacancies. (2) The board consists of nineteen9 members, with a consideration for geographic diversity, as follows:10 (e) Three persons appointed by the governor and confirmed by the11 senate who are knowledgeable in the area of child abuse prevention and12 represent some of the following areas: Law enforcement, medicine, law,13 business, public policy, mental health, intimate partner violence, early14 childhood education, elementary and secondary education, reducing15 poverty and helping families gain economic stability, the connection16 between housing instability and trauma, higher education, research and17 program evaluation, and social work. In making appointments to the18 board, the governor is encouraged to include representation by at least19 one member who is a person with a disability, as defined in section20 24-34-301 (2.5) SECTION 24-34-301, a family member of a person with a21 disability, or a member of an advocacy group for persons with disabilities,22 so long as the other requirements of this subsection (2)(e) are met.23 SECTION 12. In Colorado Revised Statutes, 27-50-702, amend24 (2)(a)(IV) as follows:25 27-50-702. Advisory council - membership. (2) (a) The26 advisory council consists of not less than fifteen members and not more27 1296 -18- than twenty members appointed by the commissioner for three-year1 terms; except that some of the initial terms may be for two years. In2 addition to maintaining a majority of members who represent individuals3 with lived behavioral health experience or families of individuals with4 lived behavioral health experience, the commissioner shall appoint at5 least one member that represents:6 (IV) Persons with disabilities, as defined in section 24-34-3017 (2.5) SECTION 24-34-301, a family member of a person with a disability,8 or an advocacy organization for persons with disabilities;9 SECTION 13. In Colorado Revised Statutes, 27-65-130, amend10 (1)(b) as follows:11 27-65-130. Advisory board - created - service standards and12 rules. (1) (b) In making appointments to the board, the governor is13 encouraged to include representation by at least one member who is a14 person with a disability, as defined in section 24-34-301 (2.5) SECTION15 24-34-301, a family member of a person with a disability, or a member of16 an advocacy group for persons with disabilities, provided that the other17 requirements of this section are met.18 SECTION 14. In Colorado Revised Statutes, 43-1-106, amend19 (4)(c) as follows:20 43-1-106. Transportation commission - powers and duties -21 efficiency and accountability committee - rules - definitions.22 (4) (c) As the terms of the members of the commission expire, the23 governor shall consider the appointment to the commission of one or24 more individuals with knowledge or experience in mass transportation in25 order to provide for a commission with expertise in different modes of26 transportation and shall consider the appointment to the commission of27 1296 -19- at least one individual with knowledge or experience in engineering. In1 making appointments to the commission, the governor is encouraged to2 include representation by at least one member who is a person with a3 disability, as defined in section 24-34-301 (2.5) SECTION 24-34-301, a4 family member of a person with a disability, or a member of an advocacy5 group for persons with disabilities, provided that the other requirements6 of this subsection (4)(c) are met.7 SECTION 15. Appropriation. (1) For the 2023-24 state fiscal8 year, $289,568 is appropriated to the department of regulatory agencies9 for use by the civil rights division. This appropriation is from the general10 fund. To implement this act, the division may use this appropriation as11 follows:12 (a) $125,595 for personal services, which amount is based on an13 assumption that the division will require an additional 1.5 FTE; and14 (b) $163,973 for operating expenses.15 SECTION 16. Safety clause. The general assembly hereby finds,16 determines, and declares that this act is necessary for the immediate17 preservation of the public peace, health, or safety.18 1296 -20-