12 | | - | ONCERNING THE CREATION OF A TASK FORCE TO STUDY ISSUES RELATED TO |
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13 | | - | THE RIGHTS OF |
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14 | | - | COLORADANS WITH DISABILITIES , AND, IN |
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15 | | - | CONNECTION THEREWITH |
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16 | | - | , MAKING AN APPROPRIATION. |
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17 | | - | |
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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 part 10 to article |
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20 | | - | 34 of title 24 as follows: |
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21 | | - | PART 10 |
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22 | | - | TASK FORCE ON THE RIGHTS OF |
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23 | | - | COLORADANS WITH DISABILITIES |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. 24-34-1001. Legislative declaration. (1) T HE GENERAL ASSEMBLY |
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32 | | - | FINDS AND DECLARES THAT |
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33 | | - | : |
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| 14 | + | ONCERNING THE CREATION OF A TASK FORCE TO STUDY ISSUES101 |
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| 15 | + | RELATED TO THE RIGHTS OF COLORADANS WITH |
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| 16 | + | DISABILITIES,102 |
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| 17 | + | AND, IN 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 | + | The bill creates the task force on the rights of Coloradans with |
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| 26 | + | disabilities (task force) in the Colorado civil rights commission. The task |
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| 27 | + | force shall create a minimum of 4 subcommittees to study and make |
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| 28 | + | recommendations on specific issues related to persons with disabilities: |
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| 29 | + | ! The rewrite subcommittee, which must study and make |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 5, 2023 |
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| 33 | + | SENATE |
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| 34 | + | 2nd Reading Unamended |
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| 35 | + | May 4, 2023 |
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| 36 | + | HOUSE |
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| 37 | + | 3rd Reading Unamended |
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| 38 | + | April 29, 2023 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 26, 2023 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Ortiz and Herod, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, |
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| 44 | + | Duran, English, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, |
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| 45 | + | Lukens, Mabrey, Marshall, Martinez, McCluskie, McCormick, McLachlan, Ricks, Sharbini, |
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| 46 | + | Sirota, Snyder, Story, Titone, Velasco, Weissman, Willford, Young |
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| 47 | + | SENATE SPONSORSHIP |
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| 48 | + | Winter F., Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Ginal, Gonzales, |
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| 49 | + | Hinrichsen, Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Roberts, Rodriguez, Sullivan, |
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| 50 | + | Zenzinger |
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| 51 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 52 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 53 | + | Dashes through the words or numbers indicate deletions from existing law. recommendations concerning the various issues related to |
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| 54 | + | the rewrite and modernization of the Colorado Revised |
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| 55 | + | Statutes concerning civil rights of persons with disabilities; |
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| 56 | + | ! The outdoors subcommittee, which must study and make |
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| 57 | + | recommendations related to the basic accessibility of |
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| 58 | + | outdoor spaces for persons with disabilities; |
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| 59 | + | ! The housing subcommittee, which must study and make |
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| 60 | + | recommendations related to the affordability, accessibility, |
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| 61 | + | and attainability of housing for persons with disabilities; |
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| 62 | + | and |
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| 63 | + | ! The government subcommittee, which must focus on basic |
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| 64 | + | physical and programmatic accessibility within state and |
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| 65 | + | local government. |
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| 66 | + | Minimum mandatory membership and reporting requirements are |
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| 67 | + | outlined for the task force and each subcommittee. The task force shall |
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| 68 | + | produce a final report, including recommendations, to submit the |
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| 69 | + | governor and general assembly on or before January 30, 2025. |
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| 70 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 71 | + | SECTION 1. In Colorado Revised Statutes, add part 10 to article2 |
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| 72 | + | 34 of title 24 as follows:3 |
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| 73 | + | PART 104 |
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| 74 | + | TASK FORCE ON THE RIGHTS OF5 |
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| 75 | + | COLORADANS WITH DISABILITIES6 |
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| 76 | + | 24-34-1001. Legislative declaration. (1) T |
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| 77 | + | HE GENERAL7 |
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| 78 | + | ASSEMBLY FINDS AND DECLARES THAT :8 |
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229 | | - | HE TASK FORCE MAY EMPLOY ONE -AND-A-HALF FULL-TIME |
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230 | | - | EMPLOYEES AND CONTRACT WITH A VENDOR TO FACILITATE AND ASSIST |
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231 | | - | WITH THE OPERATIONS AND DUTIES OF THE TASK FORCE AND |
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232 | | - | SUBCOMMITTEES |
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233 | | - | . TASK FORCE MEMBERS AND SUBCOMMITTEE MEMBERS |
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234 | | - | MAY RECEIVE PER DIEM COMPENSATION AND MAY BE REIMBURSED FOR |
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235 | | - | ACTUAL AND NECESSARY EXPENSES INCURRED WHILE ON OFFICIAL TASK |
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236 | | - | FORCE OR SUBCOMMITTEE BUSINESS |
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237 | | - | , AS PROVIDED IN SECTION 12-20-103 (6). |
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238 | | - | 24-34-1004. Subcommittee on the rewrite and modernization of |
---|
239 | | - | the Colorado Revised Statutes concerning civil rights of persons with |
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| 230 | + | HE TASK FORCE MAY EMPLOY ONE -AND-A-HALF FULL-TIME22 |
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| 231 | + | EMPLOYEES AND CONTRACT WITH A VENDOR TO FACILITATE AND ASSIST23 |
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| 232 | + | WITH THE OPERATIONS AND DUTIES OF THE TASK FORCE AND24 |
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| 233 | + | SUBCOMMITTEES. TASK FORCE MEMBERS AND SUBCOMMITTEE MEMBERS25 |
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| 234 | + | MAY RECEIVE PER DIEM COMPENSATION AND MAY BE REIMBURSED FOR26 |
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| 235 | + | ACTUAL AND NECESSARY EXPENSES INCURRED WHILE ON OFFICIAL TASK27 |
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| 236 | + | 1296 |
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| 237 | + | -6- FORCE OR SUBCOMMITTEE BUSINESS , AS PROVIDED IN SECTION 12-20-1031 |
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| 238 | + | (6).2 |
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| 239 | + | 24-34-1004. Subcommittee on the rewrite and modernization3 |
---|
| 240 | + | of the Colorado Revised Statutes concerning civil rights of persons4 |
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| 241 | + | with disabilities - membership - purpose - reporting. (1) O |
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| 242 | + | N OR5 |
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| 243 | + | BEFORE SEPTEMBER 15, 2023, THE TASK FORCE SHALL CREATE THE6 |
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| 244 | + | SUBCOMMITTEE ON THE REWRITE AND MODERNIZATION OF THE COLORADO7 |
---|
| 245 | + | R |
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| 246 | + | EVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH8 |
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| 247 | + | DISABILITIES. THE PURPOSE OF THE REWRITE SUBCOMMITTEE IS TO STUDY9 |
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| 248 | + | THE CURRENT COLORADO REVISED STATUTES CONCERNING THE CIVIL10 |
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| 249 | + | RIGHTS OF PERSONS WITH DISABILITIES AND MAKE RECOMMENDATIONS11 |
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| 250 | + | FOR A THOROUGH REVISION AND REWRITE TO IMPROVE CLARITY , ENSURE12 |
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| 251 | + | THE CIVIL RIGHTS OF COLORADANS ARE PROTECTED , AND ENSURE THE13 |
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| 252 | + | PROTECTIONS ARE ENFORCEABLE .14 |
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| 253 | + | (2) T |
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| 254 | + | HE REWRITE SUBCOMMITTEE MUST , AT A MINIMUM, INCLUDE15 |
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| 255 | + | REPRESENTATION FROM DISABILITY ADVOCATES AND GOVERNMENT16 |
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| 256 | + | REPRESENTATIVES WITH LEGAL EXPERTISE, APPOINTED BY THE GOVERNOR,17 |
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| 257 | + | BASED ON RECOMMENDATIONS FROM THE TASK FORCE . AT A MINIMUM,18 |
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| 258 | + | THE REWRITE SUBCOMMITTEE INCLUDES :19 |
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| 259 | + | (a) F |
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| 260 | + | OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS20 |
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| 261 | + | ADVOCACY ORGANIZATIONS , WITH AT LEAST TWO MEMBERS WHO ARE21 |
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| 262 | + | INDIVIDUALS LIVING WITH A DISABILITY, INCLUDING:22 |
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| 263 | + | (I) T |
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| 264 | + | WO ATTORNEYS WITH LITIGATION EXPERIENCE ;23 |
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| 265 | + | (II) O |
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| 266 | + | NE MEMBER WITHOUT LITIGATION EXPERIENCE ; AND24 |
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| 267 | + | (III) O |
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| 268 | + | NE MEMBER WHO REPRESENTS A VETERANS SERVICE25 |
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| 269 | + | ORGANIZATION THAT SERVES VETERANS WITH A DISABILITY .26 |
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| 270 | + | (b) F |
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| 271 | + | OUR MEMBERS WHO REPRESENT GOVERNMENT AND BUSINESS27 |
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| 272 | + | 1296 |
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| 273 | + | -7- COMMUNITY INTERESTS.1 |
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| 274 | + | (3) T |
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| 275 | + | HE REWRITE SUBCOMMITTEE SHALL SUBMIT AN INITIAL2 |
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| 276 | + | REPORT WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE3 |
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| 277 | + | ON OR BEFORE DECEMBER 1, 2023, AND A FINAL REPORT TO THE TASK4 |
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| 278 | + | FORCE ON OR BEFORE DECEMBER 1, 2024. THE REPORT MUST INCLUDE, AT5 |
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| 279 | + | A MINIMUM, RECOMMENDATIONS FOR CLARITY AND IMPROVEMENT OF THE6 |
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| 280 | + | C |
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| 281 | + | OLORADO REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF7 |
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| 282 | + | PERSONS WITH DISABILITIES; A DISCUSSION OF DAMAGES FOR EMOTIONAL8 |
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| 283 | + | DISTRESS FOR PERSONS SUBJECT TO DISCRIMINATION ; CONSIDERATIONS9 |
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| 284 | + | FOR PUBLIC ENTITIES AND PRIVATE BUSINESSES , INCLUDING SIZES OF10 |
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| 285 | + | ENTITIES AND GENERAL CLARITY ON REQUIREMENTS , TO COMPLY WITH THE11 |
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| 286 | + | C |
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| 287 | + | OLORADO REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF12 |
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| 288 | + | PERSONS WITH DISABILITIES.13 |
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| 289 | + | 24-34-1005. Subcommittee on basic access to Colorado14 |
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| 290 | + | outdoors for persons with disabilities - membership - purpose -15 |
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| 291 | + | reporting. (1) O |
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| 292 | + | N OR BEFORE OCTOBER 30, 2023, THE TASK FORCE SHALL16 |
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| 293 | + | CREATE THE SUBCOMMITTEE ON BASIC ACCESS TO THE COLORADO17 |
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| 294 | + | OUTDOORS FOR PERSONS WITH DISABILITIES . THE PURPOSE OF THE18 |
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| 295 | + | OUTDOORS SUBCOMMITTEE IS TO IDENTIFY BARRIERS TO BASIC ACCESS TO19 |
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| 296 | + | AND THE ENJOYMENT OF THE COLORADO OUTDOORS FOR PERSONS WITH20 |
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| 297 | + | DISABILITIES AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE21 |
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| 298 | + | BARRIERS.22 |
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| 299 | + | (2) T |
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| 300 | + | HE OUTDOORS SUBCOMMITTEE MUST , AT A MINIMUM,23 |
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| 301 | + | INCLUDE REPRESENTATION FROM DISABILITY ADVOCATES , ATHLETES AND24 |
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| 302 | + | OUTDOOR ENTHUSIASTS WITH DISABILITIES , AND GOVERNMENT25 |
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| 303 | + | REPRESENTATIVES FROM APPROPRIATE AGENCIES . INDIVIDUALS ARE26 |
---|
| 304 | + | APPOINTED BY THE GOVERNOR BASED ON RECOMMENDATIONS FROM THE27 |
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| 305 | + | 1296 |
---|
| 306 | + | -8- TASK FORCE AND AT A MINIMUM , THE OUTDOORS SUBCOMMITTEE1 |
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| 307 | + | INCLUDES:2 |
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| 308 | + | (a) F |
---|
| 309 | + | OUR MEMBERS WHO REPRESENT ADAPTIVE OUTDOOR3 |
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| 310 | + | RECREATION USERS, ADAPTIVE OUTDOOR RECREATION PROGRAMS , AND4 |
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| 311 | + | ADAPTIVE TRAILS; VETERAN SERVICE ORGANIZATIONS THAT SERVE5 |
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| 312 | + | VETERANS WITH A DISABILITY ; AND DISABILITY RIGHTS ADVOCACY6 |
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| 313 | + | ORGANIZATIONS; AND7 |
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| 314 | + | (b) F |
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| 315 | + | OUR MEMBERS WHO REPRESENT COLORADO'S OUTDOOR8 |
---|
| 316 | + | RECREATION INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES .9 |
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| 317 | + | (3) T |
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| 318 | + | HE OUTDOORS SUBCOMMITTEE SHALL SUBMIT A REPORT WITH10 |
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| 319 | + | ITS FINDINGS AND RECOMMENDATIONS , INCLUDING RECOMMENDATIONS11 |
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| 320 | + | ON BEST PRACTICES AND GUIDANCE FOR CREATING BASIC ACCESS TO12 |
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| 321 | + | C |
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| 322 | + | OLORADO OUTDOOR SPACES FOR PEOPLE WITH DISABILITIES , TO THE TASK13 |
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| 323 | + | FORCE ON OR BEFORE DECEMBER 1, 2024.14 |
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| 324 | + | 24-34-1006. Subcommittee on affordability, accessibility, and15 |
---|
| 325 | + | attainability of housing for persons with disabilities - membership -16 |
---|
| 326 | + | purpose - reporting. (1) O |
---|
| 327 | + | N OR BEFORE OCTOBER 30, 2023, THE TASK17 |
---|
| 328 | + | FORCE SHALL CREATE THE SUBCOMMITTEE ON THE AFFORDABILITY ,18 |
---|
| 329 | + | ACCESSIBILITY, AND ATTAINABILITY OF HOUSING FOR PERSONS WITH19 |
---|
| 330 | + | DISABILITIES. THE PURPOSE OF THE HOUSING SUBCOMMITTEE IS TO20 |
---|
| 331 | + | IDENTIFY BARRIERS TO SECURING AND ENJOYING SECURE AND21 |
---|
| 332 | + | AFFORDABLE, ACCESSIBLE, AND ATTAINABLE HOUSING FOR PERSONS WITH22 |
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| 333 | + | DISABILITIES AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE23 |
---|
| 334 | + | BARRIERS.24 |
---|
| 335 | + | (2) T |
---|
| 336 | + | HE GOVERNOR SHALL APPOINT MEMBERS TO THE HOUSING25 |
---|
| 337 | + | SUBCOMMITTEE BASED ON RECOMMENDATIONS FROM THE TASK FORCE .26 |
---|
| 338 | + | T |
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| 339 | + | HE HOUSING SUBCOMMITTEE INCLUDES , AT A MINIMUM:27 |
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| 340 | + | 1296 |
---|
| 341 | + | -9- (a) FOUR MEMBERS WHO REPRESENT DISABILITY RIGHTS1 |
---|
| 342 | + | ADVOCACY ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS2 |
---|
| 343 | + | THAT SERVE DISABLED VETERANS ; AND3 |
---|
| 344 | + | (b) F |
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| 345 | + | OUR MEMBERS WHO REPRESENT THE COLORADO HOUSING4 |
---|
| 346 | + | INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES .5 |
---|
| 347 | + | (3) T |
---|
| 348 | + | HE HOUSING SUBCOMMITTEE SHALL SUBMIT A REPORT WITH6 |
---|
| 349 | + | ITS FINDINGS AND RECOMMENDATIONS OUTLINING THE CURRENT NEED FOR7 |
---|
| 350 | + | AND INVENTORY OF ACCESSIBLE HOUSING IN COLORADO, THE PROJECTED8 |
---|
| 351 | + | INCREASED NEED FOR ACCESSIBLE HOUSING IN THE NEXT DECADE , AND9 |
---|
| 352 | + | RECOMMENDATIONS TO MEET FUTURE HOUSING DEMAND , INCLUDING10 |
---|
| 353 | + | FINANCING FOR LOW -INCOME HOUSING DEVELOPMENT AND ANY11 |
---|
| 354 | + | STATUTORY REQUIREMENTS , TO THE TASK FORCE ON OR BEFORE12 |
---|
| 355 | + | D |
---|
| 356 | + | ECEMBER 1, 2024.13 |
---|
| 357 | + | 24-34-1007. Subcommittee on physical and programmatic14 |
---|
| 358 | + | basic access within state and local government for persons with15 |
---|
281 | | - | HE REWRITE SUBCOMMITTEE SHALL SUBMIT AN INITIAL REPORT |
---|
282 | | - | WITH ITS FINDINGS AND RECOMME NDATIONS TO THE TASK FORCE ON OR |
---|
283 | | - | BEFORE |
---|
284 | | - | DECEMBER 1, 2023, AND A FINAL REPORT TO THE TASK FORCE ON OR |
---|
285 | | - | BEFORE |
---|
286 | | - | DECEMBER 1, 2024. THE REPORT MUST INCLUDE, AT A MINIMUM, |
---|
287 | | - | RECOMMENDATIONS FOR CLARITY AND IMPROVEMENT OF THE COLORADO |
---|
288 | | - | REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH |
---|
289 | | - | DISABILITIES |
---|
290 | | - | ; A DISCUSSION OF DAMAGES FOR EMOTIONAL DISTRESS FOR |
---|
291 | | - | PERSONS SUBJECT TO DISCRIMINATION |
---|
292 | | - | ; CONSIDERATIONS FOR PUBLIC |
---|
293 | | - | ENTITIES AND PRIVATE BUSINESSES |
---|
294 | | - | , INCLUDING SIZES OF ENTITIES AND |
---|
295 | | - | GENERAL CLARITY ON REQUIREMENTS |
---|
296 | | - | , TO COMPLY WITH THE COLORADO |
---|
297 | | - | PAGE 6-HOUSE BILL 23-1296 REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH |
---|
298 | | - | DISABILITIES |
---|
299 | | - | . |
---|
300 | | - | 24-34-1005. Subcommittee on basic access to Colorado outdoors |
---|
301 | | - | for persons with disabilities - membership - purpose - reporting. (1) O |
---|
302 | | - | N |
---|
303 | | - | OR BEFORE |
---|
304 | | - | OCTOBER 30, 2023, THE TASK FORCE SHALL CREATE THE |
---|
305 | | - | SUBCOMMITTEE ON BASIC ACCESS TO THE |
---|
306 | | - | COLORADO OUTDOORS FOR |
---|
307 | | - | PERSONS WITH DISABILITIES |
---|
308 | | - | . THE PURPOSE OF THE OUTDOORS |
---|
309 | | - | SUBCOMMITTEE IS TO IDENTIFY BARRI ERS TO BASIC ACCESS TO AND THE |
---|
310 | | - | ENJOYMENT OF THE |
---|
311 | | - | COLORADO OUTDOORS FOR PERSONS WITH DISABILITIES |
---|
312 | | - | AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE BARRIERS |
---|
313 | | - | . |
---|
314 | | - | (2) T |
---|
315 | | - | HE OUTDOORS SUBCOMMITTEE MUST , AT A MINIMUM, INCLUDE |
---|
316 | | - | REPRESENTATION FROM DISABILITY ADVOCATES |
---|
317 | | - | , ATHLETES AND OUTDOOR |
---|
318 | | - | ENTHUSIASTS WITH DISABILITIES |
---|
319 | | - | , AND GOVERNMENT REPRESENTATIVES |
---|
320 | | - | FROM APPROPRIATE AGENCIES |
---|
321 | | - | . INDIVIDUALS ARE APPOINTED BY THE |
---|
322 | | - | GOVERNOR BASED ON RECOMMENDATIONS FROM THE TASK FORCE AND AT |
---|
323 | | - | A MINIMUM |
---|
324 | | - | , THE OUTDOORS SUBCOMMITTEE INCLUDES : |
---|
325 | | - | (a) F |
---|
326 | | - | OUR MEMBERS WHO REPRESENT ADAPTIVE OUTDOOR |
---|
327 | | - | RECREATION USERS |
---|
328 | | - | , ADAPTIVE OUTDOOR RECREATION PROGRAMS , AND |
---|
329 | | - | ADAPTIVE TRAILS |
---|
330 | | - | ; VETERAN SERVICE ORGANIZATIONS THAT SERVE |
---|
331 | | - | VETERANS WITH A DISABILITY |
---|
332 | | - | ; AND DISABILITY RIGHTS ADVOCACY |
---|
333 | | - | ORGANIZATIONS |
---|
334 | | - | ; AND |
---|
335 | | - | (b) FOUR MEMBERS WHO REPRESENT COLORADO'S OUTDOOR |
---|
336 | | - | RECREATION INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES |
---|
337 | | - | . |
---|
338 | | - | (3) T |
---|
339 | | - | HE OUTDOORS SUBCOMMITTEE SHALL SUBMIT A REPORT WITH |
---|
340 | | - | ITS FINDINGS AND RECOMMENDATIONS |
---|
341 | | - | , INCLUDING RECOMMENDATIONS ON |
---|
342 | | - | BEST PRACTICES AND GUIDANCE FOR CREATING BASIC ACCESS TO |
---|
343 | | - | COLORADO |
---|
344 | | - | OUTDOOR SPACES FOR PEOPLE WITH DISABILITIES |
---|
345 | | - | , TO THE TASK FORCE ON OR |
---|
346 | | - | BEFORE |
---|
347 | | - | DECEMBER 1, 2024. |
---|
348 | | - | 24-34-1006. Subcommittee on affordability, accessibility, and |
---|
349 | | - | attainability of housing for persons with disabilities - membership - |
---|
350 | | - | purpose - reporting. (1) O |
---|
351 | | - | N OR BEFORE OCTOBER 30, 2023, THE TASK |
---|
352 | | - | FORCE SHALL CREATE THE SUBCOMMITTEE ON THE AFFORDABILITY |
---|
353 | | - | , |
---|
354 | | - | ACCESSIBILITY, AND ATTAINABILITY OF HOUSING FOR PERSONS WITH |
---|
355 | | - | DISABILITIES |
---|
356 | | - | . THE PURPOSE OF THE HOUSING SUBCOMMITTEE IS TO IDENTIFY |
---|
357 | | - | PAGE 7-HOUSE BILL 23-1296 BARRIERS TO SECURING AND ENJOYING SECURE AND AFFORDABLE , |
---|
358 | | - | ACCESSIBLE, AND ATTAINABLE HOUSING FOR PERSONS WITH DISABILITIES |
---|
359 | | - | AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE BARRIERS |
---|
360 | | - | . |
---|
361 | | - | (2) T |
---|
362 | | - | HE GOVERNOR SHALL APPOINT MEMBERS TO THE HOUSING |
---|
363 | | - | SUBCOMMITTEE BASED ON RECOMMENDATIONS FROM THE TASK FORCE |
---|
364 | | - | . THE |
---|
365 | | - | HOUSING SUBCOMMITTEE INCLUDES |
---|
366 | | - | , AT A MINIMUM: |
---|
367 | | - | (a) F |
---|
368 | | - | OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS ADVOCACY |
---|
369 | | - | ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS THAT SERVE |
---|
370 | | - | DISABLED VETERANS |
---|
371 | | - | ; AND |
---|
372 | | - | (b) FOUR MEMBERS WHO REPRESENT THE COLORADO HOUSING |
---|
373 | | - | INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES |
---|
374 | | - | . |
---|
375 | | - | (3) T |
---|
376 | | - | HE HOUSING SUBCOMMITTEE SHALL SU BMIT A REPORT WITH ITS |
---|
377 | | - | FINDINGS AND RECOMMENDATIONS OUTLINING THE CURRENT NEED FOR AND |
---|
378 | | - | INVENTORY OF ACCESSIBLE HOUSING IN |
---|
379 | | - | COLORADO, THE PROJECTED |
---|
380 | | - | INCREASED NEED FOR ACCESSIBLE HOUSING IN THE NEXT DECADE |
---|
381 | | - | , AND |
---|
382 | | - | RECOMMENDATIONS TO MEET FUTURE HOUSING DEMAND |
---|
383 | | - | , INCLUDING |
---|
384 | | - | FINANCING FOR LOW |
---|
385 | | - | -INCOME HOUSING DEVELOPMENT AND ANY STATUTORY |
---|
386 | | - | REQUIREMENTS |
---|
387 | | - | , TO THE TASK FORCE ON OR BEFORE DECEMBER 1, 2024. |
---|
388 | | - | 24-34-1007. Subcommittee on physical and programmatic basic |
---|
389 | | - | access within state and local government for persons with disabilities |
---|
390 | | - | - membership - purpose - reporting. (1) O |
---|
391 | | - | N OR BEFORE OCTOBER 30, |
---|
392 | | - | 2023, |
---|
393 | | - | THE TASK FORCE SHALL CREATE THE SUBCOMMITTEE ON PHYSICAL |
---|
394 | | - | AND PROGRAMMATIC BASIC ACCESS WITHIN STATE AND LOCAL GOVERNMENT |
---|
395 | | - | FOR PERSONS WITH DISABILITIES |
---|
396 | | - | . THE PURPOSE OF THE GOVERNMENT |
---|
397 | | - | SUBCOMMITTEE IS TO STUDY AND MAKE RECOMMENDATIONS ON ISSUES TO |
---|
398 | | - | ENSURE PEOPLE WITH DISABILITIES HAVE ACCESS TO THE SERVICES THEY |
---|
399 | | - | NEED |
---|
400 | | - | , ARE ABLE TO EFFECTIVELY PARTICIPATE IN PUBLIC DISCUSSION , ARE |
---|
401 | | - | ABLE TO BE EMPLOYED BY GOVERNMENTAL AGENCIES |
---|
402 | | - | , AND CAN RUN FOR |
---|
403 | | - | AND EFFECTIVELY SERVE IN ELECTED POSITIONS |
---|
404 | | - | . |
---|
405 | | - | (2) T |
---|
406 | | - | HE GOVERNMENT SUBCOMMITTEE MUST , AT A MINIMUM, |
---|
407 | | - | INCLUDE REPRESENTATION FROM DISABILITY ADVOCATES . THE GOVERNOR |
---|
408 | | - | SHALL APPOINT MEMBERS TO TH E GOVERNMENT SUBCOMMITTEE BASED ON |
---|
409 | | - | RECOMMENDATIONS FROM THE TASK FORCE AND SHALL APPOINT MORE |
---|
410 | | - | MEMBERS WHO REPRESENT DISABILITY ADVOCATES THAN MEMBERS WHO |
---|
411 | | - | PAGE 8-HOUSE BILL 23-1296 REPRESENT GOVERNMENT AGENCIES . AT A MINIMUM, THE GOVERNMENT |
---|
412 | | - | SUBCOMMITTEE INCLUDES |
---|
413 | | - | : |
---|
414 | | - | (a) F |
---|
415 | | - | OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS ADVOCACY |
---|
416 | | - | ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS THAT SERVE |
---|
417 | | - | VETERANS WITH DISABILITIES |
---|
418 | | - | ; AND |
---|
419 | | - | (b) FOUR MEMBERS WHO REPRESENT LOCAL AND STATE |
---|
420 | | - | GOVERNMENT |
---|
421 | | - | . |
---|
422 | | - | (3) T |
---|
423 | | - | HE GOVERNMENT SUBCOMMI TTEE SHALL SUBMIT A REPORT |
---|
424 | | - | WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE ON OR |
---|
425 | | - | BEFORE |
---|
426 | | - | DECEMBER 1, 2024. |
---|
| 388 | + | HE GOVERNMENT SUBCOMMITTEE SHALL SUBMIT A REPORT11 |
---|
| 389 | + | WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE ON OR12 |
---|
| 390 | + | BEFORE DECEMBER 1, 2024.13 |
---|
440 | | - | ASIC ACCESS", OR "BASIC ACCESSIBILITY" CONSTITUTE PUBLIC |
---|
441 | | - | SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING |
---|
442 | | - | INFORMATION |
---|
443 | | - | , ACTIVITIES, AND ENVIRONMENTS SENSIBLE , MEANINGFUL, |
---|
444 | | - | USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE. |
---|
445 | | - | (1.5) |
---|
446 | | - | (4) "Commission" means the Colorado civil rights commission |
---|
447 | | - | created in section 24-34-303. |
---|
448 | | - | (1.6) (5) "Commissioner" means a member of the Colorado civil |
---|
449 | | - | rights commission. |
---|
450 | | - | (2) (6) "Director" means the director of the Colorado civil rights |
---|
451 | | - | PAGE 9-HOUSE BILL 23-1296 division which office is created in section 24-34-302. |
---|
452 | | - | (2.5) (7) "Disability" has the same meaning as set forth in the federal |
---|
453 | | - | "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., |
---|
454 | | - | and its related amendments and implementing regulations. |
---|
455 | | - | (3) |
---|
456 | | - | (8) "Division" means the Colorado civil rights division, created |
---|
457 | | - | in section 24-34-302. |
---|
458 | | - | (3.3) (9) "Gender expression" means an individual's way of |
---|
459 | | - | reflecting and expressing the individual's gender to the outside world, |
---|
460 | | - | typically demonstrated through appearance, dress, and behavior. |
---|
461 | | - | (3.5) |
---|
462 | | - | (10) "Gender identity" means an individual's innate sense of |
---|
463 | | - | the individual's own gender, which may or may not correspond with the |
---|
464 | | - | individual's sex assigned at birth. |
---|
465 | | - | (4) (Deleted by amendment, L. 93, p. 1655, § 59, effective July 1, |
---|
466 | | - | 1993.) |
---|
467 | | - | (4.1) (11) "Housing" means a building, structure, vacant land, or |
---|
468 | | - | part thereof offered for sale, lease, rent, or transfer of ownership; except |
---|
469 | | - | that "housing" does not include any room offered for rent or lease in a |
---|
470 | | - | single-family dwelling maintained and occupied in part by the owner or |
---|
471 | | - | lessee of said |
---|
472 | | - | THE dwelling as his or her THE OWNER'S OR LESSEE'S |
---|
473 | | - | household. |
---|
474 | | - | (4.2) (12) "Housing accommodations" means any real property or |
---|
475 | | - | portion thereof that is used or occupied, or intended, arranged, or designed |
---|
476 | | - | to be used or occupied, as the home, residence, or sleeping place of one or |
---|
477 | | - | more persons but does not include any single family residence, the |
---|
478 | | - | occupants of which rent, lease, or furnish for compensation not more than |
---|
479 | | - | one room in that residence. |
---|
| 404 | + | ASIC ACCESS", OR "BASIC ACCESSIBILITY" CONSTITUTE24 |
---|
| 405 | + | PUBLIC SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING25 |
---|
| 406 | + | INFORMATION, ACTIVITIES, AND ENVIRONMENTS SENSIBLE, MEANINGFUL,26 |
---|
| 407 | + | USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE.27 |
---|
| 408 | + | 1296 |
---|
| 409 | + | -11- (1.5) (4) "Commission" means the Colorado civil rights1 |
---|
| 410 | + | commission created in section 24-34-303.2 |
---|
| 411 | + | (1.6) (5) "Commissioner" means a member of the Colorado civil3 |
---|
| 412 | + | rights commission.4 |
---|
| 413 | + | (2) (6) "Director" means the director of the Colorado civil rights5 |
---|
| 414 | + | division which office is created in section 24-34-302.6 |
---|
| 415 | + | (2.5) (7) "Disability" has the same meaning as set forth in the7 |
---|
| 416 | + | federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 121018 |
---|
| 417 | + | et seq., and its related amendments and implementing regulations.9 |
---|
| 418 | + | (3) (8) "Division" means the Colorado civil rights division,10 |
---|
| 419 | + | created in section 24-34-302.11 |
---|
| 420 | + | (3.3) (9) "Gender expression" means an individual's way of12 |
---|
| 421 | + | reflecting and expressing the individual's gender to the outside world,13 |
---|
| 422 | + | typically demonstrated through appearance, dress, and behavior.14 |
---|
| 423 | + | (3.5) (10) "Gender identity" means an individual's innate sense of15 |
---|
| 424 | + | the individual's own gender, which may or may not correspond with the16 |
---|
| 425 | + | individual's sex assigned at birth.17 |
---|
| 426 | + | (4) (Deleted by amendment, L. 93, p. 1655, § 59, effective July 1,18 |
---|
| 427 | + | 1993.)19 |
---|
| 428 | + | (4.1) (11) "Housing" means a building, structure, vacant land, or20 |
---|
| 429 | + | part thereof offered for sale, lease, rent, or transfer of ownership; except21 |
---|
| 430 | + | that "housing" does not include any room offered for rent or lease in a22 |
---|
| 431 | + | single-family dwelling maintained and occupied in part by the owner or23 |
---|
| 432 | + | lessee of said THE dwelling as his or her THE OWNER'S OR LESSEE'S24 |
---|
| 433 | + | household.25 |
---|
| 434 | + | (4.2) (12) "Housing accommodations" means any real property or26 |
---|
| 435 | + | portion thereof that is used or occupied, or intended, arranged, or27 |
---|
| 436 | + | 1296 |
---|
| 437 | + | -12- designed to be used or occupied, as the home, residence, or sleeping place1 |
---|
| 438 | + | of one or more persons but does not include any single family residence,2 |
---|
| 439 | + | the occupants of which rent, lease, or furnish for compensation not more3 |
---|
| 440 | + | than one room in that residence.4 |
---|
481 | | - | NDIVIDUAL WITH A DISABILITY" MEANS AN INDIVIDUAL WITH |
---|
482 | | - | A DISABILITY OR DISABILITIES |
---|
483 | | - | . |
---|
484 | | - | (4.5) (14) "Marital status" means a relationship or a spousal status |
---|
485 | | - | of an individual, including, but not limited to, being single, cohabitating, |
---|
486 | | - | engaged, widowed, married, in a civil union, or legally separated, or a |
---|
487 | | - | PAGE 10-HOUSE BILL 23-1296 relationship or a spousal status of an individual who has had or is in the |
---|
488 | | - | process of having a marriage or civil union dissolved or declared invalid. |
---|
489 | | - | (5) (15) (a) "Person" means one or more individuals, limited liability |
---|
490 | | - | companies, partnerships, associations, corporations, legal representatives, |
---|
491 | | - | trustees, receivers, or the state of Colorado and all of its political |
---|
492 | | - | subdivisions and agencies. |
---|
493 | | - | (b) For the purposes of part 5 of this article 34, "person" does not |
---|
494 | | - | include any private club not open to the public that, as an incident to its |
---|
495 | | - | primary purpose or purposes, provides lodgings that it owns or operates for |
---|
496 | | - | other than a commercial purpose, unless the club has the purpose of |
---|
497 | | - | promoting discrimination in the matter of housing against any person |
---|
498 | | - | because of disability, race, creed, color, religion, sex, sexual orientation, |
---|
499 | | - | gender identity, gender expression, marital status, familial status, national |
---|
500 | | - | origin, or ancestry. |
---|
501 | | - | (5.1) |
---|
502 | | - | (16) "Place of public accommodation" or "public |
---|
503 | | - | accommodation" has the same meaning as set forth in Title III of the federal |
---|
504 | | - | "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12181 (7), and |
---|
505 | | - | its related amendments and implementing regulations. |
---|
506 | | - | (5.3) |
---|
507 | | - | (17) "Protective hairstyle" includes such hairstyles as braids, |
---|
508 | | - | locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and |
---|
509 | | - | headwraps. |
---|
510 | | - | (5.4) |
---|
511 | | - | (18) "Public entity" means: |
---|
512 | | - | (a) Any state or local government; or |
---|
513 | | - | (b) Any department, agency, special district, or other instrumentality |
---|
514 | | - | of a state or local government. |
---|
515 | | - | (5.5) |
---|
516 | | - | (19) "Public transportation service" means a common carrier |
---|
517 | | - | of passengers or any other means of public conveyance or modes of |
---|
518 | | - | transportation, including, but not limited to, airplanes, motor vehicles, |
---|
519 | | - | railroad trains, motor buses, streetcars, boats, or taxis. |
---|
520 | | - | (5.6) |
---|
521 | | - | (20) "Qualified individual with a disability" or "individual with |
---|
522 | | - | a disability" has the same meaning as set forth in the federal "Americans |
---|
523 | | - | PAGE 11-HOUSE BILL 23-1296 with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its related |
---|
524 | | - | amendments and implementing regulations. |
---|
525 | | - | (5.8) (21) "Race" includes hair texture, hair type, or a protective |
---|
526 | | - | hairstyle that is commonly or historically associated with race. |
---|
527 | | - | (6) (22) "Respondent" means any person, agency, organization, or |
---|
528 | | - | other entity against whom a charge is filed pursuant to any of the provisions |
---|
529 | | - | of parts 3 to 8 of this article |
---|
530 | | - | ARTICLE 34. |
---|
531 | | - | (6.5) (23) "Service animal" has the same meaning as set forth in the |
---|
532 | | - | implementing regulations of Title II and Title III of the federal "Americans |
---|
533 | | - | with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq. |
---|
534 | | - | (7) |
---|
535 | | - | (24) "Sexual orientation" means an individual's identity, or |
---|
536 | | - | another individual's perception thereof, in relation to the gender or genders |
---|
537 | | - | to which the individual is sexually or emotionally attracted and the behavior |
---|
538 | | - | or social affiliation that may result from the attraction. |
---|
539 | | - | (8) |
---|
540 | | - | (25) "Trainer of a service animal" means a person who |
---|
541 | | - | individually trains a service animal. |
---|
542 | | - | SECTION 3. In Colorado Revised Statutes, 18-13-107, amend (1) |
---|
543 | | - | and (3) as follows: |
---|
544 | | - | 18-13-107. Interference with persons with disabilities. (1) A |
---|
545 | | - | person shall not falsely impersonate an individual with a disability, as that |
---|
546 | | - | term is defined in section 24-34-301 (5.6), C.R.S. |
---|
547 | | - | SECTION 24-34-301. |
---|
548 | | - | (3) A person shall not knowingly deny an individual with a |
---|
549 | | - | disability, as defined in section 24-34-301 (5.6), C.R.S. SECTION 24-34-301, |
---|
550 | | - | any right or privilege protected in section 24-34-502, 24-34-502.2, |
---|
551 | | - | 24-34-601, 24-34-802, (1), |
---|
552 | | - | or 24-34-803. C.R.S. |
---|
553 | | - | SECTION 4. In Colorado Revised Statutes, 24-32-706, amend (1) |
---|
554 | | - | as follows: |
---|
555 | | - | 24-32-706. State housing board. (1) There is created, within the |
---|
556 | | - | division of housing, the state housing board. The governor shall appoint one |
---|
557 | | - | member from each congressional district in the state |
---|
558 | | - | TO THE BOARD. The |
---|
559 | | - | PAGE 12-HOUSE BILL 23-1296 member must be a qualified elector of the congressional district from which |
---|
560 | | - | the member is appointed. In making appointments to the board, the |
---|
561 | | - | governor shall include representation by at least one member who is a |
---|
562 | | - | person with a disability, as defined in section 24-34-301 (2.5) SECTION |
---|
563 | | - | 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities. |
---|
564 | | - | SECTION 5. In Colorado Revised Statutes, 24-34-501, amend (3) |
---|
565 | | - | as follows: |
---|
566 | | - | 24-34-501. Definitions. As used in this part 5, unless the context |
---|
567 | | - | otherwise requires: |
---|
568 | | - | (3) "Person" has the meaning ascribed to such term in section |
---|
569 | | - | 24-34-301 (5) SAME MEANING AS SET FORTH IN SECTION 24-34-301 and |
---|
570 | | - | includes any owner, lessee, proprietor, manager, employee, or any agent of |
---|
571 | | - | a person; but, for purposes of this part 5, "person" does not include any |
---|
572 | | - | private club not open to the public that, as an incident to its primary purpose |
---|
573 | | - | or purposes, provides lodgings that it owns or operates for other than a |
---|
574 | | - | commercial purpose, unless the club has the purpose of promoting |
---|
575 | | - | discrimination in the matter of housing against any person because of |
---|
576 | | - | disability, race, creed, color, religion, sex, sexual orientation, gender |
---|
577 | | - | identity, gender expression, marital status, familial status, veteran or |
---|
578 | | - | military status, national origin, or ancestry. |
---|
579 | | - | SECTION 6. In Colorado Revised Statutes, 24-34-802, amend |
---|
580 | | - | (1)(b) and (2)(a) introductory portion as follows: |
---|
581 | | - | 24-34-802. Violations - penalties - immunity. (1) (b) An |
---|
582 | | - | individual with a disability, as defined in section 24-34-301 (5.6) |
---|
583 | | - | SECTION |
---|
584 | | - | 24-34-301, must not, by reason of the individual's disability, be excluded from participation in or be denied the benefits of services, programs, or activities provided by a public entity, as defined in section 24-34-301, or a state agency, as defined in section 24-37.5-102, or be subjected to discrimination by any such public entity or state agency. |
---|
585 | | - | (2) (a) An individual with a disability, as defined in section |
---|
586 | | - | 24-34-301 (5.6) SECTION 24-34-301, who is subject to a violation of |
---|
587 | | - | subsection (1) of this section or of section 24-34-502, 24-34-502.2, |
---|
588 | | - | 24-34-601, or 24-34-803 based on the individual's disability may bring a |
---|
589 | | - | PAGE 13-HOUSE BILL 23-1296 civil suit in a court of competent jurisdiction and, except as provided in |
---|
590 | | - | section 24-85-103, is entitled to any of the following remedies: |
---|
591 | | - | SECTION 7. In Colorado Revised Statutes, 25-1-103, amend |
---|
592 | | - | (1)(d) as follows: |
---|
593 | | - | 25-1-103. State board of health created. (1) (d) The term of office |
---|
594 | | - | for each appointed member is four years. In making appointments to the |
---|
595 | | - | board, the governor shall ensure that no business or professional group |
---|
596 | | - | constitutes a majority of the board. In making appointments to the board, |
---|
597 | | - | the governor is encouraged to include representation by at least one member |
---|
598 | | - | who is a person with a disability, as defined in section 24-34-301 (2.5) |
---|
599 | | - | SECTION 24-34-301, a family member of a person with a disability, or a |
---|
600 | | - | member of an advocacy group for persons with disabilities if the other |
---|
601 | | - | requirements of this subsection (1) are met. |
---|
602 | | - | SECTION 8. In Colorado Revised Statutes, 25-4-1615, amend (4) |
---|
603 | | - | as follows: |
---|
604 | | - | 25-4-1615. Pet dogs in retail food establishments - prohibited - |
---|
605 | | - | exceptions. (4) Nothing in this section is intended to restrict the presence |
---|
606 | | - | of a service animal, as defined in section 24-34-301 (6.5) |
---|
607 | | - | SECTION |
---|
608 | | - | 24-34-301. |
---|
609 | | - | SECTION 9. In Colorado Revised Statutes, 25.5-1-301, amend |
---|
610 | | - | (1)(d)(III) as follows: |
---|
611 | | - | 25.5-1-301. Medical services board - creation. (1) (d) In making |
---|
612 | | - | appointments to the board, the governor shall include: |
---|
613 | | - | (III) Representation by at least one member who is a person with a |
---|
614 | | - | disability, as defined in section 24-34-301 (2.5) SECTION 24-34-301, a |
---|
615 | | - | family member of a person with a disability, or a member of an advocacy |
---|
616 | | - | group for persons with disabilities, provided that the other requirements of |
---|
617 | | - | this subsection (1) are met. |
---|
618 | | - | SECTION 10. In Colorado Revised Statutes, 26-1-107, amend |
---|
619 | | - | (1)(b)(I) as follows: |
---|
620 | | - | 26-1-107. State board of human services - rules. (1) (b) The |
---|
621 | | - | PAGE 14-HOUSE BILL 23-1296 board consists of: |
---|
622 | | - | (I) One member who is a person with a disability, as defined in |
---|
623 | | - | section 24-34-301 (2.5) SECTION 24-34-301, a family member of a person |
---|
624 | | - | with a disability, or a member of an advocacy group for persons with |
---|
625 | | - | disabilities; |
---|
626 | | - | SECTION 11. In Colorado Revised Statutes, 26.5-3-204, amend |
---|
627 | | - | (2)(e) as follows: |
---|
628 | | - | 26.5-3-204. Colorado child abuse prevention board - creation - |
---|
629 | | - | members - terms - vacancies. (2) The board consists of nineteen |
---|
630 | | - | members, with a consideration for geographic diversity, as follows: |
---|
631 | | - | (e) Three persons appointed by the governor and confirmed by the |
---|
632 | | - | senate who are knowledgeable in the area of child abuse prevention and |
---|
633 | | - | represent some of the following areas: Law enforcement, medicine, law, |
---|
634 | | - | business, public policy, mental health, intimate partner violence, early |
---|
635 | | - | childhood education, elementary and secondary education, reducing poverty |
---|
636 | | - | and helping families gain economic stability, the connection between |
---|
637 | | - | housing instability and trauma, higher education, research and program |
---|
638 | | - | evaluation, and social work. In making appointments to the board, the |
---|
639 | | - | governor is encouraged to include representation by at least one member |
---|
640 | | - | who is a person with a disability, as defined in section 24-34-301 (2.5) |
---|
641 | | - | SECTION 24-34-301, a family member of a person with a disability, or a |
---|
642 | | - | member of an advocacy group for persons with disabilities, so long as the |
---|
643 | | - | other requirements of this subsection (2)(e) are met. |
---|
644 | | - | SECTION 12. In Colorado Revised Statutes, 27-50-702, amend |
---|
645 | | - | (2)(a)(IV) as follows: |
---|
646 | | - | 27-50-702. Advisory council - membership. (2) (a) The advisory |
---|
647 | | - | council consists of not less than fifteen members and not more than twenty |
---|
648 | | - | members appointed by the commissioner for three-year terms; except that |
---|
649 | | - | some of the initial terms may be for two years. In addition to maintaining |
---|
650 | | - | a majority of members who represent individuals with lived behavioral |
---|
651 | | - | health experience or families of individuals with lived behavioral health |
---|
652 | | - | experience, the commissioner shall appoint at least one member that |
---|
653 | | - | represents: |
---|
654 | | - | PAGE 15-HOUSE BILL 23-1296 (IV) Persons with disabilities, as defined in section 24-34-301 (2.5) |
---|
655 | | - | SECTION 24-34-301, a family member of a person with a disability, or an |
---|
656 | | - | advocacy organization for persons with disabilities; |
---|
657 | | - | SECTION 13. In Colorado Revised Statutes, 27-65-130, amend |
---|
658 | | - | (1)(b) as follows: |
---|
659 | | - | 27-65-130. Advisory board - created - service standards and |
---|
660 | | - | rules. (1) (b) In making appointments to the board, the governor is |
---|
661 | | - | encouraged to include representation by at least one member who is a |
---|
| 442 | + | NDIVIDUAL WITH A DISABILITY" MEANS AN INDIVIDUAL WITH5 |
---|
| 443 | + | A DISABILITY OR DISABILITIES.6 |
---|
| 444 | + | (4.5) |
---|
| 445 | + | (14) "Marital status" means a relationship or a spousal status7 |
---|
| 446 | + | of an individual, including, but not limited to, being single, cohabitating,8 |
---|
| 447 | + | engaged, widowed, married, in a civil union, or legally separated, or a9 |
---|
| 448 | + | relationship or a spousal status of an individual who has had or is in the10 |
---|
| 449 | + | process of having a marriage or civil union dissolved or declared invalid.11 |
---|
| 450 | + | (5) (15) (a) "Person" means one or more individuals, limited12 |
---|
| 451 | + | liability companies, partnerships, associations, corporations, legal13 |
---|
| 452 | + | representatives, trustees, receivers, or the state of Colorado and all of its14 |
---|
| 453 | + | political subdivisions and agencies.15 |
---|
| 454 | + | (b) For the purposes of part 5 of this article 34, "person" does not16 |
---|
| 455 | + | include any private club not open to the public that, as an incident to its17 |
---|
| 456 | + | primary purpose or purposes, provides lodgings that it owns or operates18 |
---|
| 457 | + | for other than a commercial purpose, unless the club has the purpose of19 |
---|
| 458 | + | promoting discrimination in the matter of housing against any person20 |
---|
| 459 | + | because of disability, race, creed, color, religion, sex, sexual orientation,21 |
---|
| 460 | + | gender identity, gender expression, marital status, familial status, national22 |
---|
| 461 | + | origin, or ancestry.23 |
---|
| 462 | + | (5.1) (16) "Place of public accommodation" or "public24 |
---|
| 463 | + | accommodation" has the same meaning as set forth in Title III of the25 |
---|
| 464 | + | federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 1218126 |
---|
| 465 | + | (7), and its related amendments and implementing regulations.27 |
---|
| 466 | + | 1296 |
---|
| 467 | + | -13- (5.3) (17) "Protective hairstyle" includes such hairstyles as braids,1 |
---|
| 468 | + | locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and2 |
---|
| 469 | + | headwraps.3 |
---|
| 470 | + | (5.4) (18) "Public entity" means:4 |
---|
| 471 | + | (a) Any state or local government; or5 |
---|
| 472 | + | (b) Any department, agency, special district, or other6 |
---|
| 473 | + | instrumentality of a state or local government.7 |
---|
| 474 | + | (5.5) (19) "Public transportation service" means a common carrier8 |
---|
| 475 | + | of passengers or any other means of public conveyance or modes of9 |
---|
| 476 | + | transportation, including, but not limited to, airplanes, motor vehicles,10 |
---|
| 477 | + | railroad trains, motor buses, streetcars, boats, or taxis.11 |
---|
| 478 | + | (5.6) (20) "Qualified individual with a disability" or "individual12 |
---|
| 479 | + | with a disability" has the same meaning as set forth in the federal13 |
---|
| 480 | + | "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its14 |
---|
| 481 | + | related amendments and implementing regulations.15 |
---|
| 482 | + | (5.8) (21) "Race" includes hair texture, hair type, or a protective16 |
---|
| 483 | + | hairstyle that is commonly or historically associated with race.17 |
---|
| 484 | + | (6) (22) "Respondent" means any person, agency, organization, or18 |
---|
| 485 | + | other entity against whom a charge is filed pursuant to any of the19 |
---|
| 486 | + | provisions of parts 3 to 8 of this article ARTICLE 34.20 |
---|
| 487 | + | (6.5) (23) "Service animal" has the same meaning as set forth in21 |
---|
| 488 | + | the implementing regulations of Title II and Title III of the federal22 |
---|
| 489 | + | "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.23 |
---|
| 490 | + | (7) (24) "Sexual orientation" means an individual's identity, or24 |
---|
| 491 | + | another individual's perception thereof, in relation to the gender or25 |
---|
| 492 | + | genders to which the individual is sexually or emotionally attracted and26 |
---|
| 493 | + | the behavior or social affiliation that may result from the attraction.27 |
---|
| 494 | + | 1296 |
---|
| 495 | + | -14- (8) (25) "Trainer of a service animal" means a person who1 |
---|
| 496 | + | individually trains a service animal.2 |
---|
| 497 | + | SECTION 3. In Colorado Revised Statutes, 18-13-107, amend3 |
---|
| 498 | + | (1) and (3) as follows:4 |
---|
| 499 | + | 18-13-107. Interference with persons with disabilities. (1) A5 |
---|
| 500 | + | person shall not falsely impersonate an individual with a disability, as that6 |
---|
| 501 | + | term is defined in section 24-34-301 (5.6), C.R.S. SECTION 24-34-301.7 |
---|
| 502 | + | (3) A person shall not knowingly deny an individual with a8 |
---|
| 503 | + | disability, as defined in section 24-34-301 (5.6), C.R.S. SECTION9 |
---|
| 504 | + | 24-34-301, any right or privilege protected in section 24-34-502,10 |
---|
| 505 | + | 24-34-502.2, 24-34-601, 24-34-802, (1), or 24-34-803. C.R.S.11 |
---|
| 506 | + | SECTION 4. In Colorado Revised Statutes, 24-32-706, amend12 |
---|
| 507 | + | (1) as follows:13 |
---|
| 508 | + | 24-32-706. State housing board. (1) There is created, within the14 |
---|
| 509 | + | division of housing, the state housing board. The governor shall appoint15 |
---|
| 510 | + | one member from each congressional district in the state |
---|
| 511 | + | TO THE BOARD.16 |
---|
| 512 | + | The member must be a qualified elector of the congressional district from17 |
---|
| 513 | + | which the member is appointed. In making appointments to the board, the18 |
---|
| 514 | + | governor shall include representation by at least one member who is a19 |
---|
663 | | - | SECTION |
---|
664 | | - | 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, provided that the other requirements of this section are met. |
---|
665 | | - | SECTION 14. In Colorado Revised Statutes, 43-1-106, amend |
---|
666 | | - | (4)(c) as follows: |
---|
667 | | - | 43-1-106. Transportation commission - powers and duties - |
---|
668 | | - | efficiency and accountability committee - rules - definitions. (4) (c) As |
---|
669 | | - | the terms of the members of the commission expire, the governor shall |
---|
670 | | - | consider the appointment to the commission of one or more individuals with |
---|
671 | | - | knowledge or experience in mass transportation in order |
---|
672 | | - | to provide for a |
---|
673 | | - | commission with expertise in different modes of transportation and shall |
---|
674 | | - | consider the appointment to the commission of at least one individual with |
---|
675 | | - | knowledge or experience in engineering. In making appointments to the |
---|
676 | | - | commission, the governor is encouraged to include representation by at least |
---|
677 | | - | one member who is a person with a disability, as defined in section |
---|
678 | | - | 24-34-301 (2.5) SECTION 24-34-301, a family member of a person with a |
---|
679 | | - | disability, or a member of an advocacy group for persons with disabilities, |
---|
680 | | - | provided that the other requirements of this subsection (4)(c) are met. |
---|
681 | | - | SECTION 15. Appropriation. (1) For the 2023-24 state fiscal |
---|
682 | | - | year, $289,568 is appropriated to the department of regulatory agencies for |
---|
683 | | - | use by the civil rights division. This appropriation is from the general fund. |
---|
684 | | - | To implement this act, the division may use this appropriation as follows: |
---|
685 | | - | (a) $125,595 for personal services, which amount is based on an |
---|
686 | | - | assumption that the division will require an additional 1.5 FTE; and |
---|
687 | | - | PAGE 16-HOUSE BILL 23-1296 (b) $163,973 for operating expenses. |
---|
688 | | - | SECTION 16. Safety clause. The general assembly hereby finds, |
---|
689 | | - | determines, and declares that this act is necessary for the immediate |
---|
690 | | - | preservation of the public peace, health, or safety. |
---|
691 | | - | ____________________________ ____________________________ |
---|
692 | | - | Julie McCluskie Steve Fenberg |
---|
693 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
694 | | - | OF REPRESENTATIVES THE SENATE |
---|
695 | | - | ____________________________ ____________________________ |
---|
696 | | - | Robin Jones Cindi L. Markwell |
---|
697 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
698 | | - | OF REPRESENTATIVES THE SENATE |
---|
699 | | - | APPROVED________________________________________ |
---|
700 | | - | (Date and Time) |
---|
701 | | - | _________________________________________ |
---|
702 | | - | Jared S. Polis |
---|
703 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
704 | | - | PAGE 17-HOUSE BILL 23-1296 |
---|
| 516 | + | SECTION20 |
---|
| 517 | + | 24-34-301, a family member of a person with a disability, or a member of21 |
---|
| 518 | + | an advocacy group for persons with disabilities.22 |
---|
| 519 | + | SECTION 5. In Colorado Revised Statutes, 24-34-501, amend23 |
---|
| 520 | + | (3) as follows:24 |
---|
| 521 | + | 24-34-501. Definitions. As used in this part 5, unless the context25 |
---|
| 522 | + | otherwise requires:26 |
---|
| 523 | + | (3) "Person" has the meaning ascribed to such term in section27 |
---|
| 524 | + | 1296 |
---|
| 525 | + | -15- 24-34-301 (5) SAME MEANING AS SET FORTH IN SECTION 24-34-301 and1 |
---|
| 526 | + | includes any owner, lessee, proprietor, manager, employee, or any agent2 |
---|
| 527 | + | of a person; but, for purposes of this part 5, "person" does not include any3 |
---|
| 528 | + | private club not open to the public that, as an incident to its primary4 |
---|
| 529 | + | purpose or purposes, provides lodgings that it owns or operates for other5 |
---|
| 530 | + | than a commercial purpose, unless the club has the purpose of promoting6 |
---|
| 531 | + | discrimination in the matter of housing against any person because of7 |
---|
| 532 | + | disability, race, creed, color, religion, sex, sexual orientation, gender8 |
---|
| 533 | + | identity, gender expression, marital status, familial status, veteran or9 |
---|
| 534 | + | military status, national origin, or ancestry.10 |
---|
| 535 | + | SECTION 6. In Colorado Revised Statutes, 24-34-802, amend11 |
---|
| 536 | + | (1)(b) and (2)(a) introductory portion as follows:12 |
---|
| 537 | + | 24-34-802. Violations - penalties - immunity. (1) (b) An13 |
---|
| 538 | + | individual with a disability, as defined in section 24-34-301 (5.6) SECTION14 |
---|
| 539 | + | 24-34-301, must not, by reason of the individual's disability, be excluded15 |
---|
| 540 | + | from participation in or be denied the benefits of services, programs, or16 |
---|
| 541 | + | activities provided by a public entity, as defined in section 24-34-301, or17 |
---|
| 542 | + | a state agency, as defined in section 24-37.5-102, or be subjected to18 |
---|
| 543 | + | discrimination by any such public entity or state agency.19 |
---|
| 544 | + | (2) (a) An individual with a disability, as defined in section20 |
---|
| 545 | + | 24-34-301 (5.6) SECTION 24-34-301, who is subject to a violation of21 |
---|
| 546 | + | subsection (1) of this section or of section 24-34-502, 24-34-502.2,22 |
---|
| 547 | + | 24-34-601, or 24-34-803 based on the individual's disability may bring a23 |
---|
| 548 | + | civil suit in a court of competent jurisdiction and, except as provided in24 |
---|
| 549 | + | section 24-85-103, is entitled to any of the following remedies:25 |
---|
| 550 | + | SECTION 7. In Colorado Revised Statutes, 25-1-103, amend26 |
---|
| 551 | + | (1)(d) as follows:27 |
---|
| 552 | + | 1296 |
---|
| 553 | + | -16- 25-1-103. State board of health created. (1) (d) The term of1 |
---|
| 554 | + | office for each appointed member is four years. In making appointments2 |
---|
| 555 | + | to the board, the governor shall ensure that no business or professional3 |
---|
| 556 | + | group constitutes a majority of the board. In making appointments to the4 |
---|
| 557 | + | board, the governor is encouraged to include representation by at least5 |
---|
| 558 | + | one member who is a person with a disability, as defined in section6 |
---|
| 559 | + | 24-34-301 (2.5) SECTION 24-34-301, a family member of a person with a7 |
---|
| 560 | + | disability, or a member of an advocacy group for persons with disabilities8 |
---|
| 561 | + | if the other requirements of this subsection (1) are met.9 |
---|
| 562 | + | SECTION 8. In Colorado Revised Statutes, 25-4-1615, amend10 |
---|
| 563 | + | (4) as follows:11 |
---|
| 564 | + | 25-4-1615. Pet dogs in retail food establishments - prohibited12 |
---|
| 565 | + | - exceptions. (4) Nothing in this section is intended to restrict the13 |
---|
| 566 | + | presence of a service animal, as defined in section 24-34-301 (6.5)14 |
---|
| 567 | + | SECTION 24-34-301.15 |
---|
| 568 | + | SECTION 9. In Colorado Revised Statutes, 25.5-1-301, amend16 |
---|
| 569 | + | (1)(d)(III) as follows:17 |
---|
| 570 | + | 25.5-1-301. Medical services board - creation. (1) (d) In18 |
---|
| 571 | + | making appointments to the board, the governor shall include:19 |
---|
| 572 | + | (III) Representation by at least one member who is a person with20 |
---|
| 573 | + | a disability, as defined in section 24-34-301 (2.5) SECTION 24-34-301, a21 |
---|
| 574 | + | family member of a person with a disability, or a member of an advocacy22 |
---|
| 575 | + | group for persons with disabilities, provided that the other requirements23 |
---|
| 576 | + | of this subsection (1) are met.24 |
---|
| 577 | + | SECTION 10. In Colorado Revised Statutes, 26-1-107, amend25 |
---|
| 578 | + | (1)(b)(I) as follows:26 |
---|
| 579 | + | 26-1-107. State board of human services - rules. (1) (b) The27 |
---|
| 580 | + | 1296 |
---|
| 581 | + | -17- board consists of:1 |
---|
| 582 | + | (I) One member who is a person with a disability, as defined in2 |
---|
| 583 | + | section 24-34-301 (2.5) SECTION 24-34-301, a family member of a person3 |
---|
| 584 | + | with a disability, or a member of an advocacy group for persons with4 |
---|
| 585 | + | disabilities;5 |
---|
| 586 | + | SECTION 11. In Colorado Revised Statutes, 26.5-3-204, amend6 |
---|
| 587 | + | (2)(e) as follows:7 |
---|
| 588 | + | 26.5-3-204. Colorado child abuse prevention board - creation8 |
---|
| 589 | + | - members - terms - vacancies. (2) The board consists of nineteen9 |
---|
| 590 | + | members, with a consideration for geographic diversity, as follows:10 |
---|
| 591 | + | (e) Three persons appointed by the governor and confirmed by the11 |
---|
| 592 | + | senate who are knowledgeable in the area of child abuse prevention and12 |
---|
| 593 | + | represent some of the following areas: Law enforcement, medicine, law,13 |
---|
| 594 | + | business, public policy, mental health, intimate partner violence, early14 |
---|
| 595 | + | childhood education, elementary and secondary education, reducing15 |
---|
| 596 | + | poverty and helping families gain economic stability, the connection16 |
---|
| 597 | + | between housing instability and trauma, higher education, research and17 |
---|
| 598 | + | program evaluation, and social work. In making appointments to the18 |
---|
| 599 | + | board, the governor is encouraged to include representation by at least19 |
---|
| 600 | + | one member who is a person with a disability, as defined in section20 |
---|
| 601 | + | 24-34-301 (2.5) SECTION 24-34-301, a family member of a person with a21 |
---|
| 602 | + | disability, or a member of an advocacy group for persons with disabilities,22 |
---|
| 603 | + | so long as the other requirements of this subsection (2)(e) are met.23 |
---|
| 604 | + | SECTION 12. In Colorado Revised Statutes, 27-50-702, amend24 |
---|
| 605 | + | (2)(a)(IV) as follows:25 |
---|
| 606 | + | 27-50-702. Advisory council - membership. (2) (a) The26 |
---|
| 607 | + | advisory council consists of not less than fifteen members and not more27 |
---|
| 608 | + | 1296 |
---|
| 609 | + | -18- than twenty members appointed by the commissioner for three-year1 |
---|
| 610 | + | terms; except that some of the initial terms may be for two years. In2 |
---|
| 611 | + | addition to maintaining a majority of members who represent individuals3 |
---|
| 612 | + | with lived behavioral health experience or families of individuals with4 |
---|
| 613 | + | lived behavioral health experience, the commissioner shall appoint at5 |
---|
| 614 | + | least one member that represents:6 |
---|
| 615 | + | (IV) Persons with disabilities, as defined in section 24-34-3017 |
---|
| 616 | + | (2.5) SECTION 24-34-301, a family member of a person with a disability,8 |
---|
| 617 | + | or an advocacy organization for persons with disabilities;9 |
---|
| 618 | + | SECTION 13. In Colorado Revised Statutes, 27-65-130, amend10 |
---|
| 619 | + | (1)(b) as follows:11 |
---|
| 620 | + | 27-65-130. Advisory board - created - service standards and12 |
---|
| 621 | + | rules. (1) (b) In making appointments to the board, the governor is13 |
---|
| 622 | + | encouraged to include representation by at least one member who is a14 |
---|
| 623 | + | person with a disability, as defined in section 24-34-301 (2.5) SECTION15 |
---|
| 624 | + | 24-34-301, a family member of a person with a disability, or a member of16 |
---|
| 625 | + | an advocacy group for persons with disabilities, provided that the other17 |
---|
| 626 | + | requirements of this section are met.18 |
---|
| 627 | + | SECTION 14. In Colorado Revised Statutes, 43-1-106, amend19 |
---|
| 628 | + | (4)(c) as follows:20 |
---|
| 629 | + | 43-1-106. Transportation commission - powers and duties -21 |
---|
| 630 | + | efficiency and accountability committee - rules - definitions.22 |
---|
| 631 | + | (4) (c) As the terms of the members of the commission expire, the23 |
---|
| 632 | + | governor shall consider the appointment to the commission of one or24 |
---|
| 633 | + | more individuals with knowledge or experience in mass transportation in25 |
---|
| 634 | + | order to provide for a commission with expertise in different modes of26 |
---|
| 635 | + | transportation and shall consider the appointment to the commission of27 |
---|
| 636 | + | 1296 |
---|
| 637 | + | -19- at least one individual with knowledge or experience in engineering. In1 |
---|
| 638 | + | making appointments to the commission, the governor is encouraged to2 |
---|
| 639 | + | include representation by at least one member who is a person with a3 |
---|
| 640 | + | disability, as defined in section 24-34-301 (2.5) SECTION 24-34-301, a4 |
---|
| 641 | + | family member of a person with a disability, or a member of an advocacy5 |
---|
| 642 | + | group for persons with disabilities, provided that the other requirements6 |
---|
| 643 | + | of this subsection (4)(c) are met.7 |
---|
| 644 | + | SECTION 15. Appropriation. (1) For the 2023-24 state fiscal8 |
---|
| 645 | + | year, $289,568 is appropriated to the department of regulatory agencies9 |
---|
| 646 | + | for use by the civil rights division. This appropriation is from the general10 |
---|
| 647 | + | fund. To implement this act, the division may use this appropriation as11 |
---|
| 648 | + | follows:12 |
---|
| 649 | + | (a) $125,595 for personal services, which amount is based on an13 |
---|
| 650 | + | assumption that the division will require an additional 1.5 FTE; and14 |
---|
| 651 | + | (b) $163,973 for operating expenses.15 |
---|
| 652 | + | SECTION 16. Safety clause. The general assembly hereby finds,16 |
---|
| 653 | + | determines, and declares that this act is necessary for the immediate17 |
---|
| 654 | + | preservation of the public peace, health, or safety.18 |
---|
| 655 | + | 1296 |
---|
| 656 | + | -20- |
---|