First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0739.03 Nicole Myers x4326
HOUSE BILL 23-1308
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING ACCESS TO GOVERNMENT BY PERSONS WITH101
DISABILITIES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires state and local public bodies (public bodies),
including the general assembly, and political parties to comply with
certain accessibility requirements within specified periods.
Access to ballot by candidates. The bill requires the general
assembly, the secretary of state, and each political party to ensure that the
caucus process or any future alternative process by which candidates may
HOUSE SPONSORSHIP
Ortiz, Garcia, Jodeh, Joseph
SENATE SPONSORSHIP
Danielson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. access the ballot that is accessible to persons with disabilities remains an
option in the state. The bill specifies that the petition process is not a
means of ballot access that is accessible to persons with disabilities. In
addition, the bill requires that within 6 months of the effective date of the
bill, any person, upon request, must be able to participate in a precinct
caucus or a party assembly with the use of a video conferencing platform
that is accessible to persons with disabilities unless the precinct caucus or
party assembly is held in a geographic location that lacks broadband
internet service.
Auxiliary aids and services for members of the general
assembly. The house of representatives and the senate are required to
provide auxiliary aids and services to any member of the general
assembly upon request of the member for use by the member while the
member is in the capitol building or any other building in the capitol
complex where legislative business regularly occurs.
Video conferencing platforms in court proceedings. Within 5
years of the effective date of the bill, all courts in the state are required to
allow a person to appear in court by the use of a video conferencing
platform upon request of the person who is required to appear in court;
except that the court may make a finding of fact that the person's physical
presence in the courtroom is required. The supreme court is required to
prescribe rules of procedure to implement the use of a video conferencing
platform. The bill includes an exemption for courts that are in a
geographic location that lacks broadband internet service.
Accessibility of meetings of public bodies. Each public body is
required to ensure that the following accessibility requirements are
implemented:
! Within 6 months of the effective date of the bill, any public
meeting at which public business is discussed, formal
action may be taken, or recommendations to the governing
body of the public body may be discussed (meeting) held
by a public body is required to be accessible in real time by
live streaming video or audio that is recorded and
accessible to persons with disabilities;
! A public body is required to post on its website, within
specified periods, any documents that will be distributed
during a meeting;
! Within 6 months of the effective date of the bill, for any
meeting of a public body during which public testimony
will be heard, the public body is required to allow any
person to participate in the meeting and offer public
testimony by using a video conferencing platform unless
the meeting occurs in a geographic location that lacks
broadband internet service;
! A public body may require that a request for auxiliary aids
HB23-1308
-2- or services to attend a meeting of the public body with the
use of the video conferencing platform be made up to 7
days before the date of the meeting;
! A public body is required to provide any auxiliary aids or
services requested in time for the meeting for which they
were requested without an explanation of the need for the
auxiliary aids and services. A public body is required to
postpone a meeting if it is unable to provide the requested
auxiliary aids or services in time for the meeting and is
required to document the reason for the additional time
required.
State capitol building accessibility requirements. Within 4 years
of the effective date of the bill, the legislative department, acting through
the executive committee of the legislative council, is required to ensure
that an audio and way-finding program that allows a person who is blind
or visually impaired to independently navigate the state capitol building
is implemented and available to any person who works in or visits the
capitol building.
The failure of any political party or public body to comply with the
applicable requirements of the bill constitutes discrimination on the basis
of disability. Any person who is subjected to a violation is entitled to seek
relief as currently provided in law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) The rights of all persons to access and participate in all levels4
of government is critical to the functions of democracy;5
(b) Despite the passage of the "Americans with Disabilities Act6
of 1990", which provided for the beginnings of basic access for persons7
with disabilities, many persons with disabilities are still denied access to8
and participation in government at all levels; and9
(c) Persons with disabilities have remained unable to participate10
fully and equally in meetings, such as caucuses held in inaccessible11
locations, committee meetings that do not provide for remote testimony,12
and live events in many locations in the state capitol building and other13
HB23-1308-3- government buildings that predate the "Americans with Disabilities Act1
of 1990".2
(2) The general assembly further finds and declares that:3
(a) It is the public policy of the state to promote equitable access4
to and participation in government for persons with disabilities at all5
levels and all stages of the governmental process; and6
(b) Resources such as the governor's office of information7
technology; the Colorado commission for the deaf, hard of hearing, and8
deafblind; and the open media foundation are available to provide9
assistance in implementing the requirements of this act.10
SECTION 2. In Colorado Revised Statutes, add 1-1-116 as11
follows:12
1-1-116. Access to precinct caucus - party assembly. (1) T
HE13
GENERAL ASSEMBLY, THE SECRETARY OF STATE, AND EACH POLITICAL14
PARTY SHALL ENSURE THAT THE CAUCUS PROCESS OR ANY FUTURE15
ALTERNATIVE PROCESS BY WHICH CANDIDATES MAY ACCESS THE BALLOT16
THAT IS ACCESSIBLE TO PERSONS WITH DISABILITIES REMAINS AN OPTION17
IN THE STATE. THE PETITION PROCESS BY WHICH CANDIDATES MAY ACCESS18
THE BALLOT IS NOT A MEANS OF BALLOT ACCESS THAT IS ACCESSIBLE TO19
PERSONS WITH DISABILITIES AS REQUIRED BY THIS SUBSECTION (1).20
(2) (a) N
OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,21
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION , ANY22
PERSON, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT23
CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING24
PLATFORM. THE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY25
MUST ALLOW PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING26
PLATFORM WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE27
HB23-1308
-4- NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN A1
POLITICAL PARTY'S DISCRETION TO DETERMINE WHICH VIDEO2
CONFERENCING PLATFORM WILL BE USED FOR PRECINCT CAUCUSES AND3
PARTY ASSEMBLIES SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS4
WITH DISABILITIES. EACH POLITICAL PARTY MAY ESTABLISH POLICIES5
REGARDING THE USE OF A VIDEO CONFERENCING PLATFORM .6
(b) T
HE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO7
NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A8
GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS9
DEFINED IN SECTION 40-15-102 (32).10
(3) T
HE FAILURE OF ANY POLITICAL PARTY TO COMPLY WITH THE11
REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON THE12
BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY PERSON13
WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED TO SEEK14
ALL RELIEF PROVIDED IN SECTION 24-34-802.15
SECTION 3. In Colorado Revised Statutes, add 2-2-328 as16
follows:17
2-2-328. Auxiliary aids and services for members of the18
general assembly. (1) T
HE HOUSE OF REPRESENTATIVES AND THE SENATE19
MUST PROVIDE AUXILIARY AIDS AND SERVICES , AS DESCRIBED IN 28 CFR20
35.160
OR ANY SUCCESSOR REGULATION , TO ANY MEMBER OF THE21
GENERAL ASSEMBLY UPON REQUEST OF THE MEMBER FOR USE BY THE22
MEMBER. THE HOUSE OF REPRESENTATIVES AND THE SENATE MUST23
PROVIDE SUCH AUXILIARY AIDS AND SERVICES WITHOUT REQUIRING OR24
REQUESTING AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND25
SERVICES. THE HOUSE OF REPRESENTATIVES AND THE SENATE ARE26
REQUIRED TO PROVIDE AUXILIARY AIDS AND SERVICES PURSUANT TO THIS27
HB23-1308
-5- SECTION ONLY WHILE THE MEMBER OF THE GENERAL ASSEMBLY IS IN THE1
CAPITOL BUILDING OR ANY OTHER BUILDING IN THE CAPITOL COMPLEX2
WHERE LEGISLATIVE BUSINESS REGULARLY OCCURS .3
(2) T
HE FAILURE OF THE HOUSE OF REPRESENTATIVES OR THE4
SENATE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION5
CONSTITUTES DISCRIMINATION ON THE BASIS OF DISABILITY IN VIOLATION6
OF SECTION 24-34-802. ANY PERSON WHO IS SUBJECTED TO A VIOLATION7
OF THIS SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION8
24-34-802.9
SECTION 4. In Colorado Revised Statutes, add 13-1-140 as10
follows:11
13-1-140. Use of video conferencing platforms in court12
proceedings. (1) (a) W
ITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS13
SECTION, WHEN THE APPEARANCE OF A PERSON IS REQUIRED IN ANY COURT14
OF THE STATE, THE COURT MUST ALLOW THE APPEARANCE TO BE MADE BY15
THE USE OF A VIDEO CONFERENCING PLATFORM UPON REQUEST OF THE16
PERSON WHO IS REQUIRED TO APPEAR UNLESS THE COURT MAKES A17
FINDING OF FACT ON THE RECORD OF THE UNDERLYING MATTER THAT THE18
PERSON'S PHYSICAL PRESENCE IN THE COURTROOM IS REQUIRED . THE19
COURT MUST ALLOW THE APPEARANCE TO BE MADE BY THE USE OF A20
VIDEO CONFERENCING PLATFORM , UNLESS THE COURT MAKES A FINDING21
OF FACT THAT THE PERSON'S PHYSICAL PRESENCE IN THE COURTROOM IS22
REQUIRED, WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE23
NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN THE24
COURT'S DISCRETION TO DETERMINE WHICH VIDEO CONFERENCING25
PLATFORM WILL BE USED FOR SUCH COURT APPEARANCES SO LONG AS THE26
PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES .27
HB23-1308
-6- (b) THE REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION DO1
NOT APPLY WHEN A COURT PROCEEDING OCCURS IN A GEOGRAPHIC2
LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS DEFINED IN3
SECTION 40-15-102 (32).4
(2) W
HEN A COURT PROCEEDING OCCURS WITH THE USE OF A VIDEO5
CONFERENCING PLATFORM , THE COURT SHALL ENSURE THAT A FULL6
RECORD OF THE PROCEEDING IS MADE .7
(3) T
HE SUPREME COURT SHALL PRESCRIBE RULES OF PROCEDURE8
PURSUANT TO SECTIONS 13-2-108 AND 13-2-109 TO IMPLEMENT THIS9
SECTION.10
(4) B
EGINNING EIGHT YEARS AFTER THE EFFECTIVE DATE OF THIS11
SECTION, THE FAILURE OF ANY COURT TO COMPLY WITH THE12
REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON THE13
BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY PERSON14
WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED TO SEEK15
ALL RELIEF PROVIDED IN SECTION 24-34-802.16
SECTION 5. In Colorado Revised Statutes, add part 16 to article17
1 of title 29 as follows:18
PART 1619
ACCESSIBILITY OF LOCAL GOVERNMENT20
29-1-1601. Local public bodies - meetings - accessibility -21
definitions. (1) A
S USED IN THIS PART 16, UNLESS THE CONTEXT22
OTHERWISE REQUIRES:23
(a) "L
OCAL PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH24
IN SECTION 24-6-402 (1)(a).25
(b) "P
UBLIC MEETING" MEANS ANY MEETING HELD BY A LOCAL26
PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION27
HB23-1308
-7- MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE1
GOVERNING BODY OF A LOCAL PUBLIC BODY MAY BE DISCUSSED .2
(2) E
ACH LOCAL PUBLIC BODY SHALL ENSURE THAT THE3
ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS SECTION ARE4
IMPLEMENTED TO ENSURE THE FULL AND EQUAL ENJOYMENT OF THE5
LOCAL PUBLIC BODY BY PERSONS IN PROTECTED CLASSES , INCLUDING6
PERSONS WITH DISABILITIES, AS REQUIRED BY SECTIONS 24-34-601 AND7
24-34-802.8
(3) (a) W
ITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS9
SECTION, ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME BY LIVE10
STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO11
PERSONS WITH DISABILITIES.12
(b) A
LOCAL PUBLIC BODY MUST POST ON ITS WEBSITE ANY13
DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC14
MEETING. A LOCAL PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST15
SEVEN DAYS BEFORE THE PUBLIC MEETING OR , IF POSTING THE DOCUMENTS16
SEVEN DAYS BEFORE THE PUBLIC MEETING IS NOT POSSIBLE , AS SOON AS17
PRACTICABLE BEFORE THE PUBLIC MEETING ; EXCEPT THAT IF THE18
DOCUMENTS ARE CONFIDENTIAL OR NOT AVAILABLE TO THE PUBLIC UNTIL19
DISTRIBUTED OR DISCUSSED, A LOCAL PUBLIC BODY MUST POST THE20
DOCUMENTS IN REAL TIME DURING THE PUBLIC MEETING . ANY21
DOCUMENTS THAT A LOCAL PUBLIC BODY POSTS PURSUANT TO THIS22
SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING DOCUMENT AND23
INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN AVAILABLE TO24
THE PUBLIC ON THE LOCAL PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE25
IN THE SAME MANNER IN WHICH THE LOCAL PUBLIC BODY MAKES THE26
WRITTEN RECORD OF THE MEETING AVAILABLE TO THE PUBLIC .27
HB23-1308
-8- (c) A LOCAL PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE1
VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE2
PUBLIC FOR ON-DEMAND USE.3
(4) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF4
THIS SECTION, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS5
SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE LOCAL PUBLIC6
BODY WILL HEAR PUBLIC TESTIMONY , THE LOCAL PUBLIC BODY MUST7
ALLOW ANY PERSON TO PARTICIPATE IN THE PUBLIC MEETING AND OFFER8
PUBLIC TESTIMONY BY USING A VIDEO CONFERENCING PLATFORM . THE9
LOCAL PUBLIC BODY MUST ALLOW A PERSON TO PARTICIPATE IN THE10
PUBLIC MEETING AND OFFER PUBLIC TESTIM ONY BY USING A VIDEO11
CONFERENCING PLATFORM WITHOUT REQUIRING OR REQUESTING AN12
EXPLANATION OF THE NEED FOR THE USE OF THE VIDEO CONFERENCING13
PLATFORM. THE LOCAL PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL14
SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE15
IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY16
USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND17
UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE PUBLIC18
MEETING IN PERSON. IT IS IN A LOCAL PUBLIC BODY'S DISCRETION TO19
DETERMINE WHICH VIDEO CONFERENCING PLATFORM WILL BE USED FOR20
SUCH PARTICIPATION SO LONG AS THE PLATFORM IS ACCESSIBLE TO21
PERSONS WITH DISABILITIES.22
(b) T
HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO23
NOT APPLY WHEN A PUBLIC MEETING OCCURS IN A GEOGRAPHIC LOCATION24
THAT IS IN AN UNSERVED AREA OF THE STATE , AS DEFINED IN SECTION25
40-15-102
(32).26
(c) A
LOCAL PUBLIC BODY THAT IS EXEMPT FROM THE27
HB23-1308
-9- REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN1
ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A2
TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC3
MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO4
PERSONS WITH DISABILITIES.5
(5) (a) A
LOCAL PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR6
AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING OF THE7
LOCAL PUBLIC BODY WITH THE USE OF THE VIDEO CONFERENCING8
PLATFORM SELECTED BY THE LOCAL PUBLIC BODY PURSUANT TO9
SUBSECTION (4)(a) OF THIS SECTION BE MADE UP TO SEVEN DAYS BEFORE10
THE DATE OF THE PUBLIC MEETING FOR WHICH THE AUXILIARY AIDS OR11
SERVICES ARE REQUESTED.12
(b) A
LOCAL PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS13
OR SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS14
SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY15
AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING16
AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS OR SERVICES . IF17
A LOCAL PUBLIC BODY IS UNABLE TO PROVIDE TIMELY REQUESTED18
AUXILIARY AIDS OR SERVICES IN TIME FOR THE PUBLIC MEETING FOR19
WHICH THEY WERE REQUESTED , THE LOCAL PUBLIC BODY MUST POSTPONE20
THE PUBLIC MEETING UNTIL IT IS ABLE TO PROVIDE THE REQUESTED21
AUXILIARY AIDS OR SERVICES AND MUST DOCUMENT THE REASON FOR THE22
ADDITIONAL TIME REQUIRED TO PROVIDE THE AUXILIARY AIDS OR23
SERVICES.24
(6) N
OTHING IN THIS PART 16 SUPERSEDES OR NEGATES THE25
REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF26
TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", ARTICLE 72 OF TITLE27
HB23-1308
-10- 24.1
(7) T
HE FAILURE OF ANY LOCAL PUBLIC BODY TO COMPLY WITH2
THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON3
THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY4
PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED5
TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.6
SECTION 6. In Colorado Revised Statutes, add 24-82-110 as7
follows:8
24-82-110. State capitol building - accessibility requirements.9
(1) T
HE LEGISLATIVE DEPARTMENT , ACTING THROUGH THE EXECUTIVE10
COMMITTEE OF THE LEGISLATIVE COUNCIL , SHALL STUDY AUDIO AND11
WAY-FINDING PROGRAMS THAT WOULD ALLOW PERSONS WHO ARE BLIND12
OR VISUALLY IMPAIRED TO INDEPENDENTLY NAVIGATE THE STATE CAPITOL13
BUILDING. WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION,14
TO THE EXTENT POSSIBLE, SUCH NAVIGATING OR WAY-FINDING PROGRAM15
MUST BE AVAILABLE TO ANY PERSON WHO WORKS IN OR VISITS THE16
CAPITOL BUILDING.17
(2) T
HE FAILURE OF THE LEGISLATIVE DEPARTMENT TO COMPLY18
WITH THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION19
ON THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY20
PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED21
TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.22
SECTION 7. In Colorado Revised Statutes, add part 14 to article23
82 of title 24 as follows:24
PART 1425
ACCESSIBILITY OF STATE GOVERNMENT26
24-82-1401. State public bodies - meetings - accessibility -27
HB23-1308
-11- definitions. (1) A S USED IN THIS PART 14, UNLESS THE CONTEXT1
OTHERWISE REQUIRES:2
(a) "P
UBLIC MEETING" MEANS ANY MEETING HELD BY A STATE3
PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION4
MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE5
GOVERNING BODY OF A STATE PUBLIC BODY MAY BE DISCUSSED .6
(b) "S
TATE PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH7
IN SECTION 24-6-402 (1)(d).8
(2) E
ACH STATE PUBLIC BODY SHALL ENSURE THAT THE9
ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS SECTION ARE10
IMPLEMENTED TO ENSURE THE FULL AND EQUAL ENJOYMENT OF THE STATE11
PUBLIC BODY BY PERSONS IN PROTECTED CLASSES , INCLUDING PERSONS12
WITH DISABILITIES, AS REQUIRED BY SECTIONS 24-34-601 AND 24-34-802.13
(3) (a) W
ITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS14
SECTION, ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME BY LIVE15
STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO16
PERSONS WITH DISABILITIES.17
(b) A
STATE PUBLIC BODY MUST POST ON ITS WEBSITE ANY18
DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC19
MEETING. A STATE PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST20
SEVEN DAYS BEFORE THE PUBLIC MEETING OR, IF POSTING THE DOCUMENTS21
SEVEN DAYS BEFORE THE MEETING IS NOT POSSIBLE , AS SOON AS22
PRACTICABLE BEFORE THE MEETING; EXCEPT THAT IF THE DOCUMENTS ARE23
CONFIDENTIAL OR NOT AVAILABLE TO THE PUBLIC UNTIL DISTRIBUTED OR24
DISCUSSED, THE STATE PUBLIC BODY MUST POST THE DOCUMENTS IN REAL25
TIME DURING THE PUBLIC MEETING . ANY DOCUMENTS THAT A STATE26
PUBLIC BODY POSTS PURSUANT TO THIS SUBSECTION (3)(b) MUST MEET27
HB23-1308
-12- CURRENT PREVAILING DOCUMENT AND INTERNET ACCESSIBILITY1
STANDARDS AND MUST REMAIN AVAILABLE TO THE PUBLIC ON THE STATE2
PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE IN THE SAME MANNER IN3
WHICH THE LOCAL STATE BODY MAKES THE WRITTEN RECORD OF THE4
PUBLIC MEETING AVAILABLE TO THE PUBLIC .5
(c) A
STATE PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE6
VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE7
PUBLIC FOR ON-DEMAND USE.8
(4) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF9
THIS SECTION, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS10
SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE STATE PUBLIC11
BODY WILL HEAR PUBLIC TESTIMONY , THE STATE PUBLIC BODY MUST12
ALLOW ANY PERSON TO PARTICIPATE IN THE PUBLIC MEETING AND OFFER13
PUBLIC TESTIMONY WITH THE USE OF A VIDEO CONFERENCING PLATFORM .14
T
HE STATE PUBLIC BODY MUST ALLOW A PERSON TO PARTICIPATE IN THE15
PUBLIC MEETING AND OFFER PUBLIC TESTIMONY BY USING A VIDEO16
CONFERENCING PLATFORM WITHOUT REQUIRING OR REQUESTING AN17
EXPLANATION OF THE NEED FOR THE USE OF THE VIDEO CONFERENCING18
PLATFORM. THE STATE PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL19
SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE20
IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY21
USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND22
UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE MEETING IN23
PERSON. IT IS IN A STATE PUBLIC BODY'S DISCRETION TO DETERMINE WHICH24
VIDEO CONFERENCING PLATFORM WILL BE USED FOR SUCH PARTICIPATION25
SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES .26
(b) T
HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO27
HB23-1308
-13- NOT APPLY WHEN A PUBLIC MEETING OF A STATE PUBLIC BODY OCCURS IN1
A GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE ,2
AS DEFINED IN SECTION 40-15-102 (32).3
(c) A
STATE PUBLIC BODY THAT IS EXEMPT FROM THE4
REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN5
ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A6
TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC7
MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO8
PERSONS WITH DISABILITIES.9
(5) (a) A
STATE PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR10
AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING WITH THE USE11
OF THE VIDEO CONFERENCING PLATFORM SELECTED BY THE STATE PUBLIC12
BODY PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, BE MADE UP TO13
SEVEN DAYS BEFORE THE DATE OF THE PUBLIC MEETING FOR WHICH THE14
AIDS OR SERVICES ARE REQUESTED.15
(b) A
STATE PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS OR16
SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS17
SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY18
AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING19
AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND SERVICES .20
I
F A STATE PUBLIC BODY IS UNABLE TO PROVIDE AUXILIARY AIDS OR21
SERVICES IN TIME FOR THE PUBLIC MEETING FOR WHICH THEY WERE22
TIMELY REQUESTED, THE STATE PUBLIC BODY MUST POSTPONE THE PUBLIC23
MEETING UNTIL IT IS ABLE TO PROVIDE THE REQUESTED AUXILIARY AIDS24
OR SERVICES AND MUST DOCUMENT THE REASON FOR THE ADDITIONAL25
TIME REQUIRED TO PROVIDE THE AUXILIARY AIDS OR SERVICES .26
(6) N
OTHING IN THIS PART 14 SUPERSEDES OR NEGATES THE27
HB23-1308
-14- REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF THIS1
TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", ARTICLE 72 OF THIS2
TITLE 24.3
(7) T
HE FAILURE OF ANY STATE PUBLIC BODY TO COMPLY WITH4
THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON5
THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY6
PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED7
TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.8
SECTION 8. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2024 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
HB23-1308
-15-