Colorado 2023 2023 Regular Session

Colorado House Bill HB1296 Amended / Bill

Filed 05/04/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-1005.02 Jane Ritter x4342
HOUSE BILL 23-1296
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
Appropriations 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
SENATE
2nd Reading Unamended
May 4, 2023
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
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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
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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
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