HOUSE BILL 23-1296
BY REPRESENTATIVE(S) 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, McCormick, McLachlan, Ricks, Sharbini,
Sirota, Snyder, Story, Titone, Velasco, Weissman, Willford, Young,
McCluskie;
also SENATOR(S) Winter F., Bridges, Buckner, Coleman, Cutter,
Danielson, Exum, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Marchman,
Moreno, Mullica, Priola, Roberts, Rodriguez, Sullivan, Zenzinger.
C
ONCERNING THE CREATION OF A TASK FORCE TO STUDY ISSUES RELATED TO
THE RIGHTS OF
COLORADANS WITH DISABILITIES , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 10 to article
34 of title 24 as follows:
PART 10
TASK FORCE ON THE RIGHTS OF
COLORADANS WITH DISABILITIES
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 24-34-1001. Legislative declaration. (1) T HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a) A
PPROXIMATELY TWENTY PERCENT OF COLORADANS LIVE WITH
A DISABILITY
;
(b) C
OLORADO IS COMMITTED TO PROTECTING THE CIVIL RIGHTS OF
PERSONS WITH DISABILITIES
; AND
(c) PROTECTION FROM DISCRIMINATION AND BASIC ACCESS TO
GOVERNMENT SERVICES
, HOUSING, EMPLOYMENT, AND RECREATION ARE
IMPORTANT FOR THE WELL
-BEING OF COLORADANS WITH DISABILITIES.
(2) T
HEREFORE, THE GENERAL ASSEMBLY DETERMINES IT IS IN THE
BEST INTERESTS OF ALL
COLORADANS, AND ESPECIALLY COLORADANS
LIVING WITH DISABILITIES
, TO FORM SEVERAL GROUPS TO STUDY AND MAKE
RECOMMENDATIONS FOR CHANGE ON ISSUES RELATED TO CIVIL RIGHTS AND
BASIC ACCESSIBILITY FOR PERSONS WITH DISABILITIES
.
24-34-1002. Definitions. A
S USED IN THIS PART 10, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
DAPTIVE OUTDOOR RECREATION USER " MEANS A PERSON WITH
A DISABILITY WHO USES THE
COLORADO OUTDOORS , INCLUDING BUT NOT
LIMITED TO THOSE PERSONS USING SKI AREAS AND PERSONS USING ADAPTIVE
OR SPECIALIZED RECREATION EQUIPMENT
.
(2) "B
ASIC ACCESS", OR "BASIC ACCESSIBILITY", CONSTITUTE PUBLIC
SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING
INFORMATION
, ACTIVITIES, AND ENVIRONMENTS SENSIBLE , MEANINGFUL,
USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE.
(3) "C
OLORADO OUTDOORS " MEANS COLORADO'S OPEN SPACES,
STATE PARKS, PUBLIC LANDS, AND ANY OTHER OUTDOOR RECREATION AREAS
OPEN TO THE PUBLIC IN THE STATE
.
(4) "C
OMMISSION" MEANS THE COLORADO CIVIL RIGHTS COMMISSION
CREATED IN SECTION
24-34-303.
PAGE 2-HOUSE BILL 23-1296 (5) "GOVERNMENT SUBCOMMITTEE " MEANS THE SUBCOMMITTEE
CREATED IN SECTION
24-34-1007 TO STUDY AND MAKE RECOMMENDATIONS
RELATED TO PHYSICAL AND PROGRAMMATIC BASIC ACCESSIBILITY WITHIN
STATE AND LOCAL GOVERNMENT
.
(6) "H
OUSING SUBCOMMITTEE" MEANS THE SUBCOMMITTEE CREATED
IN SECTION
24-34-1006 TO STUDY AND MAKE RECOMMENDATIONS RELATED
TO THE AFFORDABILITY
, ACCESSIBILITY, AND ATTAINABILITY OF HOUSING
FOR PERSONS WITH DISABILITIES
.
(7) "O
UTDOORS SUBCOMMITTEE " MEANS THE SUBCOMMITTEE
CREATED IN SECTION
24-34-1005 TO STUDY AND MAKE RECOMMENDATIONS
RELATED TO BASIC ACCESS TO THE
COLORADO OUTDOORS FOR PERSONS
WITH DISABILITIES
.
(8) "R
EWRITE SUBCOMMITTEE" MEANS THE SUBCOMMITTEE CREATED
IN SECTION
24-34-1004 TO STUDY AND MAKE RECOMMENDATIONS
CONCERNING THE VARIOUS ISSUES RELATED TO THE REWRITE AND
MODERNIZATION OF THE
COLORADO REVISED STATUTES CONCERNING CIVIL
RIGHTS FOR PERSONS WITH DISABILITIES
.
(9) "T
ASK FORCE" MEANS THE TASK FORCE ON THE RIGHTS OF
COLORADANS WITH DISABILITIES CREATED IN SECTION 24-34-1003.
24-34-1003. Task force on the rights of Coloradans with
disabilities - creation - membership - report. (1) T
HERE IS CREATED IN
THE COMMISSION THE TASK FORCE ON THE RIGHTS OF
COLORADANS WITH
DISABILITIES
. THE MISSION OF THE TASK FORCE IS TO BRING TOGETHER THE
APPROPRIATE STAKEHOLDERS
, EXPERTS, AND IMPACTED GROUPS TO STUDY
AND MAKE RECOMMENDATIONS CONCERNING ISSUES RELATED TO PERSONS
WITH DISABILITIES
. THE TASK FORCE SHALL CREATE SUBCOMMITTEES TO
STUDY AND REPORT FINDINGS ON THE FOLLOWING ISSUES
:
(a) R
EWRITING AND MODERNIZING THE COLORADO REVISED
STATUTES CONCERNING CIVIL RIGHTS FOR PERSONS WITH DISABILITIES ;
(b) B
ASIC ACCESS TO THE COLORADO OUTDOORS FOR PERSONS WITH
DISABILITIES
;
(c) T
HE AFFORDABILITY, ACCESSIBILITY, AND ATTAINABILITY OF
PAGE 3-HOUSE BILL 23-1296 HOUSING FOR PERSONS WITH DISABILITIES;
(d) P
HYSICAL AND PROGRAMMATIC BASIC ACCESS WITHIN STATE AND
LOCAL GOVERNMENT
; AND
(e) ANY OTHER ISSUE RELATED TO ACCESSIBILITY AND THE CIVIL
RIGHTS OF PERSONS WITH DISABILITIES
.
(2) T
HE TASK FORCE INCLUDES THE FOLLOWING MEMBERS ,
APPOINTED ON OR BEFORE AUGUST 1, 2023:
(a) T
HE LIEUTENANT GOVERNOR , OR THE LIEUTENANT GOVERNOR 'S
DESIGNEE
, WHO IS A NON-VOTING MEMBER EXCEPT AS NECESSARY TO BREAK
A TIE
;
(b) F
OUR VOTING MEMBERS WHO ARE EITHER FROM A DISABILITY
RIGHTS ADVOCACY ORGANIZATION OR A VETERANS SERVICE ORGANIZATION
THAT SERVES VETERANS WITH A DISABILITY
. THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES
, THE PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE HOUSE OF REPRESENTATIVES
, AND THE MINORITY LEADER OF THE
SENATE SHALL EACH APPOINT ONE VOTING MEMBER
.
(c) F
OUR VOTING MEMBERS AS APPOINTED BY THE GOVERNOR ; AND
(d) SUBJECT MATTER EXPERTS MUST BE ALLOWED TO PARTICIPATE
IN TASK FORCE DISCUSSIONS UPON THE INVITATION OF THE TASK FORCE
. THE
SUBJECT MATTER EXPERTS PRESENCE IS NOT REQUIRED OR INCLUDED IN
DETERMINING A QUORUM OF THE TASK FORCE
. THE SUBJECT MATTER
EXPERTS MUST INCLUDE
, BUT NEED NOT BE LIMITED TO:
(I) R
EPRESENTATION FROM THE DEPARTMENT OF LOCAL AFFAIRS ;
(II) R
EPRESENTATION FROM THE DIVISION OF HOUSING WITHIN THE
DEPARTMENT OF LOCAL AFFAIRS
;
(III) R
EPRESENTATION FROM THE DEPARTMENT OF REGULATORY
AGENCIES
;
(IV) R
EPRESENTATION FROM THE COLORADO CIVIL RIGHTS
COMMISSION
;
PAGE 4-HOUSE BILL 23-1296 (V) REPRESENTATION FROM THE COLORADO OFFICE OF ECONOMIC
DEVELOPMENT AND INTERNATIONAL TRADE
;
(VI) R
EPRESENTATION FROM THE OFFICE OF STATE PLANNING AND
BUDGETING
;
(VII) R
EPRESENTATION FROM VARYING ADVOCACY ORGANIZATIONS
AS DEEMED APPROPRIATE
;
(VIII) D
ISABILITY LAW EXPERTS;
(IX) O
THER LEGAL EXPERTS; AND
(X) PERSONS WHO REPRESENT COLORADO'S FEDERAL PARTNERS.
(3) T
HE TASK FORCE SHALL CREATE THE SUBCOMMITTEES IDENTIFIED
IN SECTIONS
24-34-1004 TO 24-34-1007, AND THE GOVERNOR SHALL MAKE
APPOINTMENTS TO EACH SUBCOMMITTEE
, BASED ON RECOMMENDATIONS
FROM THE TASK FORCE
. EACH SUBCOMMITTEE SHALL MAKE SEPARATE
REPORTS ON ITS FINDINGS AND RECOMME NDATIONS AND PROVIDE THE
REPORTS TO THE TASK FORCE
.
(4) T
HE TASK FORCE SHALL PRODUCE A FINAL REPORT , INCLUDING
RECOMMENDATIONS
, AND SUBMIT IT TO THE GOVERNOR AND GENERAL
ASSEMBLY ON OR BEFORE
JANUARY 30, 2025. THE TASK FORCE SHALL
CONSIDER THE REPORTS OF THE SUBCOMMITTEES BUT IS NOT BOUND BY ANY
FINDINGS OR CONCLUSIONS OF ANY SUBCOMMITTEE IN PRODUCING ITS FINAL
REPORT
.
(5) T
HE TASK FORCE MAY EMPLOY ONE -AND-A-HALF FULL-TIME
EMPLOYEES AND CONTRACT WITH A VENDOR TO FACILITATE AND ASSIST
WITH THE OPERATIONS AND DUTIES OF THE TASK FORCE AND
SUBCOMMITTEES
. TASK FORCE MEMBERS AND SUBCOMMITTEE MEMBERS
MAY RECEIVE PER DIEM COMPENSATION AND MAY BE REIMBURSED FOR
ACTUAL AND NECESSARY EXPENSES INCURRED WHILE ON OFFICIAL TASK
FORCE OR SUBCOMMITTEE BUSINESS
, AS PROVIDED IN SECTION 12-20-103 (6).
24-34-1004. Subcommittee on the rewrite and modernization of
the Colorado Revised Statutes concerning civil rights of persons with
disabilities - membership - purpose - reporting. (1) O
N OR BEFORE
PAGE 5-HOUSE BILL 23-1296 SEPTEMBER 15, 2023, THE TASK FORCE SHALL CREATE THE SUBCOMMITTEE
ON THE REWRITE AND MODERNIZATION OF THE
COLORADO REVISED
STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH DISABILITIES .
T
HE PURPOSE OF THE REWRITE SUBCOMMITTEE IS TO ST UDY THE CURRENT
COLORADO REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS
WITH DISABILITIES AND MAKE RECOMMENDATIONS FOR A THOROUGH
REVISION AND REWRITE TO IMPROVE CLARITY
, ENSURE THE CIVIL RIGHTS OF
COLORADANS ARE PROTECTED , AND ENSURE THE PROTECTIONS ARE
ENFORCEABLE
.
(2) T
HE REWRITE SUBCOMMITTEE MUST , AT A MINIMUM, INCLUDE
REPRESENTATION FROM DISABILITY ADVOCATES AND GOVERNMENT
REPRESENTATIVES WITH LEGAL EXPERTISE
, APPOINTED BY THE GOVERNOR,
BASED ON RECOMMENDATIONS FROM THE TASK FORCE . AT A MINIMUM, THE
REWRITE SUBCOMMITTEE INCLUDES
:
(a) F
OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS ADVOCACY
ORGANIZATIONS
, WITH AT LEAST TWO MEMBERS WHO ARE INDIVIDUALS
LIVING WITH A DISABILITY
, INCLUDING:
(I) T
WO ATTORNEYS WITH LITIGATION EXPERIENCE ;
(II) O
NE MEMBER WITHOUT LITIGATION EXPERIENCE ; AND
(III) ONE MEMBER WHO REPRESENTS A VETERANS SERVICE
ORGANIZATION THAT SERVES VETERANS WITH A DISABILITY
.
(b) F
OUR MEMBERS WHO REPRESENT GOVERNMENT AND BUSINESS
COMMUNITY INTERESTS
.
(3) T
HE REWRITE SUBCOMMITTEE SHALL SUBMIT AN INITIAL REPORT
WITH ITS FINDINGS AND RECOMME NDATIONS TO THE TASK FORCE ON OR
BEFORE
DECEMBER 1, 2023, AND A FINAL REPORT TO THE TASK FORCE ON OR
BEFORE
DECEMBER 1, 2024. THE REPORT MUST INCLUDE, AT A MINIMUM,
RECOMMENDATIONS FOR CLARITY AND IMPROVEMENT OF THE COLORADO
REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH
DISABILITIES
; A DISCUSSION OF DAMAGES FOR EMOTIONAL DISTRESS FOR
PERSONS SUBJECT TO DISCRIMINATION
; CONSIDERATIONS FOR PUBLIC
ENTITIES AND PRIVATE BUSINESSES
, INCLUDING SIZES OF ENTITIES AND
GENERAL CLARITY ON REQUIREMENTS
, TO COMPLY WITH THE COLORADO
PAGE 6-HOUSE BILL 23-1296 REVISED STATUTES CONCERNING THE CIVIL RIGHTS OF PERSONS WITH
DISABILITIES
.
24-34-1005. Subcommittee on basic access to Colorado outdoors
for persons with disabilities - membership - purpose - reporting. (1) O
N
OR BEFORE
OCTOBER 30, 2023, THE TASK FORCE SHALL CREATE THE
SUBCOMMITTEE ON BASIC ACCESS TO THE
COLORADO OUTDOORS FOR
PERSONS WITH DISABILITIES
. THE PURPOSE OF THE OUTDOORS
SUBCOMMITTEE IS TO IDENTIFY BARRI ERS TO BASIC ACCESS TO AND THE
ENJOYMENT OF THE
COLORADO OUTDOORS FOR PERSONS WITH DISABILITIES
AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE BARRIERS
.
(2) T
HE OUTDOORS SUBCOMMITTEE MUST , AT A MINIMUM, INCLUDE
REPRESENTATION FROM DISABILITY ADVOCATES
, ATHLETES AND OUTDOOR
ENTHUSIASTS WITH DISABILITIES
, AND GOVERNMENT REPRESENTATIVES
FROM APPROPRIATE AGENCIES
. INDIVIDUALS ARE APPOINTED BY THE
GOVERNOR BASED ON RECOMMENDATIONS FROM THE TASK FORCE AND AT
A MINIMUM
, THE OUTDOORS SUBCOMMITTEE INCLUDES :
(a) F
OUR MEMBERS WHO REPRESENT ADAPTIVE OUTDOOR
RECREATION USERS
, ADAPTIVE OUTDOOR RECREATION PROGRAMS , AND
ADAPTIVE TRAILS
; VETERAN SERVICE ORGANIZATIONS THAT SERVE
VETERANS WITH A DISABILITY
; AND DISABILITY RIGHTS ADVOCACY
ORGANIZATIONS
; AND
(b) FOUR MEMBERS WHO REPRESENT COLORADO'S OUTDOOR
RECREATION INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES
.
(3) T
HE OUTDOORS SUBCOMMITTEE SHALL SUBMIT A REPORT WITH
ITS FINDINGS AND RECOMMENDATIONS
, INCLUDING RECOMMENDATIONS ON
BEST PRACTICES AND GUIDANCE FOR CREATING BASIC ACCESS TO
COLORADO
OUTDOOR SPACES FOR PEOPLE WITH DISABILITIES
, TO THE TASK FORCE ON OR
BEFORE
DECEMBER 1, 2024.
24-34-1006. Subcommittee on affordability, accessibility, and
attainability of housing for persons with disabilities - membership -
purpose - reporting. (1) O
N OR BEFORE OCTOBER 30, 2023, THE TASK
FORCE SHALL CREATE THE SUBCOMMITTEE ON THE AFFORDABILITY
,
ACCESSIBILITY, AND ATTAINABILITY OF HOUSING FOR PERSONS WITH
DISABILITIES
. THE PURPOSE OF THE HOUSING SUBCOMMITTEE IS TO IDENTIFY
PAGE 7-HOUSE BILL 23-1296 BARRIERS TO SECURING AND ENJOYING SECURE AND AFFORDABLE ,
ACCESSIBLE, AND ATTAINABLE HOUSING FOR PERSONS WITH DISABILITIES
AND TO MAKE RECOMMENDATIONS FOR ADDRESSING THOSE BARRIERS
.
(2) T
HE GOVERNOR SHALL APPOINT MEMBERS TO THE HOUSING
SUBCOMMITTEE BASED ON RECOMMENDATIONS FROM THE TASK FORCE
. THE
HOUSING SUBCOMMITTEE INCLUDES
, AT A MINIMUM:
(a) F
OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS ADVOCACY
ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS THAT SERVE
DISABLED VETERANS
; AND
(b) FOUR MEMBERS WHO REPRESENT THE COLORADO HOUSING
INDUSTRY AND APPROPRIATE GOVERNMENT AGENCIES
.
(3) T
HE HOUSING SUBCOMMITTEE SHALL SU BMIT A REPORT WITH ITS
FINDINGS AND RECOMMENDATIONS OUTLINING THE CURRENT NEED FOR AND
INVENTORY OF ACCESSIBLE HOUSING IN
COLORADO, THE PROJECTED
INCREASED NEED FOR ACCESSIBLE HOUSING IN THE NEXT DECADE
, AND
RECOMMENDATIONS TO MEET FUTURE HOUSING DEMAND
, INCLUDING
FINANCING FOR LOW
-INCOME HOUSING DEVELOPMENT AND ANY STATUTORY
REQUIREMENTS
, TO THE TASK FORCE ON OR BEFORE DECEMBER 1, 2024.
24-34-1007. Subcommittee on physical and programmatic basic
access within state and local government for persons with disabilities
- membership - purpose - reporting. (1) O
N OR BEFORE OCTOBER 30,
2023,
THE TASK FORCE SHALL CREATE THE SUBCOMMITTEE ON PHYSICAL
AND PROGRAMMATIC BASIC ACCESS WITHIN STATE AND LOCAL GOVERNMENT
FOR PERSONS WITH DISABILITIES
. THE PURPOSE OF THE GOVERNMENT
SUBCOMMITTEE IS TO STUDY AND MAKE RECOMMENDATIONS ON ISSUES TO
ENSURE PEOPLE WITH DISABILITIES HAVE ACCESS TO THE SERVICES THEY
NEED
, ARE ABLE TO EFFECTIVELY PARTICIPATE IN PUBLIC DISCUSSION , ARE
ABLE TO BE EMPLOYED BY GOVERNMENTAL AGENCIES
, AND CAN RUN FOR
AND EFFECTIVELY SERVE IN ELECTED POSITIONS
.
(2) T
HE GOVERNMENT SUBCOMMITTEE MUST , AT A MINIMUM,
INCLUDE REPRESENTATION FROM DISABILITY ADVOCATES . THE GOVERNOR
SHALL APPOINT MEMBERS TO TH E GOVERNMENT SUBCOMMITTEE BASED ON
RECOMMENDATIONS FROM THE TASK FORCE AND SHALL APPOINT MORE
MEMBERS WHO REPRESENT DISABILITY ADVOCATES THAN MEMBERS WHO
PAGE 8-HOUSE BILL 23-1296 REPRESENT GOVERNMENT AGENCIES . AT A MINIMUM, THE GOVERNMENT
SUBCOMMITTEE INCLUDES
:
(a) F
OUR MEMBERS WHO REPRESENT DISABILITY RIGHTS ADVOCACY
ORGANIZATIONS AND VETERANS SERVICE ORGANIZATIONS THAT SERVE
VETERANS WITH DISABILITIES
; AND
(b) FOUR MEMBERS WHO REPRESENT LOCAL AND STATE
GOVERNMENT
.
(3) T
HE GOVERNMENT SUBCOMMI TTEE SHALL SUBMIT A REPORT
WITH ITS FINDINGS AND RECOMMENDATIONS TO THE TASK FORCE ON OR
BEFORE
DECEMBER 1, 2024.
24-34-1008. Repeal of part. T
HIS PART 10 IS REPEALED, EFFECTIVE
JUNE 30, 2025.
SECTION 2. In Colorado Revised Statutes, amend 24-34-301 as
follows:
24-34-301. Definitions. As used in parts 3 to 8
10 of this article 34,
unless the context otherwise requires:
(1) "Age" means a chronological age of at least forty years.
(1.1)
(2) "Agency" or "state agency" means any board, bureau,
commission, department, institution, division, section, or officer of the state.
(3) "B
ASIC ACCESS", OR "BASIC ACCESSIBILITY" CONSTITUTE PUBLIC
SAFETY ISSUES AND MEAN THE GENERAL PRACTICE OF MAKING
INFORMATION
, ACTIVITIES, AND ENVIRONMENTS SENSIBLE , MEANINGFUL,
USABLE, AND SAFE FOR AS MANY PEOPLE AS POSSIBLE.
(1.5)
(4) "Commission" means the Colorado civil rights commission
created in section 24-34-303.
(1.6) (5) "Commissioner" means a member of the Colorado civil
rights commission.
(2) (6) "Director" means the director of the Colorado civil rights
PAGE 9-HOUSE BILL 23-1296 division which office is created in section 24-34-302.
(2.5) (7) "Disability" has the same meaning as set forth in the federal
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.,
and its related amendments and implementing regulations.
(3)
(8) "Division" means the Colorado civil rights division, created
in section 24-34-302.
(3.3) (9) "Gender expression" means an individual's way of
reflecting and expressing the individual's gender to the outside world,
typically demonstrated through appearance, dress, and behavior.
(3.5)
(10) "Gender identity" means an individual's innate sense of
the individual's own gender, which may or may not correspond with the
individual's sex assigned at birth.
(4) (Deleted by amendment, L. 93, p. 1655, ยง 59, effective July 1,
1993.)
(4.1) (11) "Housing" means a building, structure, vacant land, or
part thereof offered for sale, lease, rent, or transfer of ownership; except
that "housing" does not include any room offered for rent or lease in a
single-family dwelling maintained and occupied in part by the owner or
lessee of said
THE dwelling as his or her THE OWNER'S OR LESSEE'S
household.
(4.2) (12) "Housing accommodations" means any real property or
portion thereof that is used or occupied, or intended, arranged, or designed
to be used or occupied, as the home, residence, or sleeping place of one or
more persons but does not include any single family residence, the
occupants of which rent, lease, or furnish for compensation not more than
one room in that residence.
(13) "I
NDIVIDUAL WITH A DISABILITY" MEANS AN INDIVIDUAL WITH
A DISABILITY OR DISABILITIES
.
(4.5) (14) "Marital status" means a relationship or a spousal status
of an individual, including, but not limited to, being single, cohabitating,
engaged, widowed, married, in a civil union, or legally separated, or a
PAGE 10-HOUSE BILL 23-1296 relationship or a spousal status of an individual who has had or is in the
process of having a marriage or civil union dissolved or declared invalid.
(5) (15) (a) "Person" means one or more individuals, limited liability
companies, partnerships, associations, corporations, legal representatives,
trustees, receivers, or the state of Colorado and all of its political
subdivisions and agencies.
(b) For the purposes of part 5 of this article 34, "person" does not
include any private club not open to the public that, as an incident to its
primary purpose or purposes, provides lodgings that it owns or operates for
other than a commercial purpose, unless the club has the purpose of
promoting discrimination in the matter of housing against any person
because of disability, race, creed, color, religion, sex, sexual orientation,
gender identity, gender expression, marital status, familial status, national
origin, or ancestry.
(5.1)
(16) "Place of public accommodation" or "public
accommodation" has the same meaning as set forth in Title III of the federal
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12181 (7), and
its related amendments and implementing regulations.
(5.3)
(17) "Protective hairstyle" includes such hairstyles as braids,
locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and
headwraps.
(5.4)
(18) "Public entity" means:
(a) Any state or local government; or
(b) Any department, agency, special district, or other instrumentality
of a state or local government.
(5.5)
(19) "Public transportation service" means a common carrier
of passengers or any other means of public conveyance or modes of
transportation, including, but not limited to, airplanes, motor vehicles,
railroad trains, motor buses, streetcars, boats, or taxis.
(5.6)
(20) "Qualified individual with a disability" or "individual with
a disability" has the same meaning as set forth in the federal "Americans
PAGE 11-HOUSE BILL 23-1296 with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its related
amendments and implementing regulations.
(5.8) (21) "Race" includes hair texture, hair type, or a protective
hairstyle that is commonly or historically associated with race.
(6) (22) "Respondent" means any person, agency, organization, or
other entity against whom a charge is filed pursuant to any of the provisions
of parts 3 to 8 of this article
ARTICLE 34.
(6.5) (23) "Service animal" has the same meaning as set forth in the
implementing regulations of Title II and Title III of the federal "Americans
with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.
(7)
(24) "Sexual orientation" means an individual's identity, or
another individual's perception thereof, in relation to the gender or genders
to which the individual is sexually or emotionally attracted and the behavior
or social affiliation that may result from the attraction.
(8)
(25) "Trainer of a service animal" means a person who
individually trains a service animal.
SECTION 3. In Colorado Revised Statutes, 18-13-107, amend (1)
and (3) as follows:
18-13-107. Interference with persons with disabilities. (1) A
person shall not falsely impersonate an individual with a disability, as that
term is defined in section 24-34-301 (5.6), C.R.S.
SECTION 24-34-301.
(3) A person shall not knowingly deny an individual with a
disability, as defined in section 24-34-301 (5.6), C.R.S. SECTION 24-34-301,
any right or privilege protected in section 24-34-502, 24-34-502.2,
24-34-601, 24-34-802, (1),
or 24-34-803. C.R.S.
SECTION 4. In Colorado Revised Statutes, 24-32-706, amend (1)
as follows:
24-32-706. State housing board. (1) There is created, within the
division of housing, the state housing board. The governor shall appoint one
member from each congressional district in the state
TO THE BOARD. The
PAGE 12-HOUSE BILL 23-1296 member must be a qualified elector of the congressional district from which
the member is appointed. In making appointments to the board, the
governor shall include representation by at least one member who is a
person with a disability, as defined in section 24-34-301 (2.5) SECTION
24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities.
SECTION 5. In Colorado Revised Statutes, 24-34-501, amend (3)
as follows:
24-34-501. Definitions. As used in this part 5, unless the context
otherwise requires:
(3) "Person" has the meaning ascribed to such term in section
24-34-301 (5) SAME MEANING AS SET FORTH IN SECTION 24-34-301 and
includes any owner, lessee, proprietor, manager, employee, or any agent of
a person; but, for purposes of this part 5, "person" does not include any
private club not open to the public that, as an incident to its primary purpose
or purposes, provides lodgings that it owns or operates for other than a
commercial purpose, unless the club has the purpose of promoting
discrimination in the matter of housing against any person because of
disability, race, creed, color, religion, sex, sexual orientation, gender
identity, gender expression, marital status, familial status, veteran or
military status, national origin, or ancestry.
SECTION 6. In Colorado Revised Statutes, 24-34-802, amend
(1)(b) and (2)(a) introductory portion as follows:
24-34-802. Violations - penalties - immunity. (1) (b) An
individual with a disability, as defined in section 24-34-301 (5.6)
SECTION
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.
(2) (a) An individual with a disability, as defined in section
24-34-301 (5.6) SECTION 24-34-301, who is subject to a violation of
subsection (1) of this section or of section 24-34-502, 24-34-502.2,
24-34-601, or 24-34-803 based on the individual's disability may bring a
PAGE 13-HOUSE BILL 23-1296 civil suit in a court of competent jurisdiction and, except as provided in
section 24-85-103, is entitled to any of the following remedies:
SECTION 7. In Colorado Revised Statutes, 25-1-103, amend
(1)(d) as follows:
25-1-103. State board of health created. (1) (d) The term of office
for each appointed member is four years. In making appointments to the
board, the governor shall ensure that no business or professional group
constitutes a majority of the board. In making appointments to the board,
the governor is encouraged to include representation by at least one member
who is a person with a disability, as defined in section 24-34-301 (2.5)
SECTION 24-34-301, a family member of a person with a disability, or a
member of an advocacy group for persons with disabilities if the other
requirements of this subsection (1) are met.
SECTION 8. In Colorado Revised Statutes, 25-4-1615, amend (4)
as follows:
25-4-1615. Pet dogs in retail food establishments - prohibited -
exceptions. (4) Nothing in this section is intended to restrict the presence
of a service animal, as defined in section 24-34-301 (6.5)
SECTION
24-34-301.
SECTION 9. In Colorado Revised Statutes, 25.5-1-301, amend
(1)(d)(III) as follows:
25.5-1-301. Medical services board - creation. (1) (d) In making
appointments to the board, the governor shall include:
(III) Representation by at least one member who is a person with a
disability, as defined in section 24-34-301 (2.5) SECTION 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 subsection (1) are met.
SECTION 10. In Colorado Revised Statutes, 26-1-107, amend
(1)(b)(I) as follows:
26-1-107. State board of human services - rules. (1) (b) The
PAGE 14-HOUSE BILL 23-1296 board consists of:
(I) One member who is a person with a disability, as defined in
section 24-34-301 (2.5) SECTION 24-34-301, a family member of a person
with a disability, or a member of an advocacy group for persons with
disabilities;
SECTION 11. In Colorado Revised Statutes, 26.5-3-204, amend
(2)(e) as follows:
26.5-3-204. Colorado child abuse prevention board - creation -
members - terms - vacancies. (2) The board consists of nineteen
members, with a consideration for geographic diversity, as follows:
(e) Three persons appointed by the governor and confirmed by the
senate who are knowledgeable in the area of child abuse prevention and
represent some of the following areas: Law enforcement, medicine, law,
business, public policy, mental health, intimate partner violence, early
childhood education, elementary and secondary education, reducing poverty
and helping families gain economic stability, the connection between
housing instability and trauma, higher education, research and program
evaluation, and social work. In making appointments to the board, the
governor is encouraged to include representation by at least one member
who is a person with a disability, as defined in section 24-34-301 (2.5)
SECTION 24-34-301, a family member of a person with a disability, or a
member of an advocacy group for persons with disabilities, so long as the
other requirements of this subsection (2)(e) are met.
SECTION 12. In Colorado Revised Statutes, 27-50-702, amend
(2)(a)(IV) as follows:
27-50-702. Advisory council - membership. (2) (a) The advisory
council consists of not less than fifteen members and not more than twenty
members appointed by the commissioner for three-year terms; except that
some of the initial terms may be for two years. In addition to maintaining
a majority of members who represent individuals with lived behavioral
health experience or families of individuals with lived behavioral health
experience, the commissioner shall appoint at least one member that
represents:
PAGE 15-HOUSE BILL 23-1296 (IV) Persons with disabilities, as defined in section 24-34-301 (2.5)
SECTION 24-34-301, a family member of a person with a disability, or an
advocacy organization for persons with disabilities;
SECTION 13. In Colorado Revised Statutes, 27-65-130, amend
(1)(b) as follows:
27-65-130. Advisory board - created - service standards and
rules. (1) (b) In making appointments to the board, the governor is
encouraged to include representation by at least one member who is a
person with a disability, as defined in section 24-34-301 (2.5)
SECTION
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.
SECTION 14. In Colorado Revised Statutes, 43-1-106, amend
(4)(c) as follows:
43-1-106. Transportation commission - powers and duties -
efficiency and accountability committee - rules - definitions. (4) (c) As
the terms of the members of the commission expire, the governor shall
consider the appointment to the commission of one or more individuals with
knowledge or experience in mass transportation in order
to provide for a
commission with expertise in different modes of transportation and shall
consider the appointment to the commission of at least one individual with
knowledge or experience in engineering. In making appointments to the
commission, the governor is encouraged to include representation by at least
one member who is a person with a disability, as defined in section
24-34-301 (2.5) SECTION 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 subsection (4)(c) are met.
SECTION 15. Appropriation. (1) For the 2023-24 state fiscal
year, $289,568 is appropriated to the department of regulatory agencies for
use by the civil rights division. This appropriation is from the general fund.
To implement this act, the division may use this appropriation as follows:
(a) $125,595 for personal services, which amount is based on an
assumption that the division will require an additional 1.5 FTE; and
PAGE 16-HOUSE BILL 23-1296 (b) $163,973 for operating expenses.
SECTION 16. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-HOUSE BILL 23-1296