Colorado 2023 Regular Session

Colorado House Bill HB1308 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0739.03 Nicole Myers x4326
8	8	HOUSE BILL 23-1308
9	9	House Committees Senate Committees
10	10	Transportation, Housing & Local Government
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING ACCESS TO GOVERNMENT BY PERSONS WITH101
14	14	DISABILITIES.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill requires state and local public bodies (public bodies),
23	23	including the general assembly, and political parties to comply with
24	24	certain accessibility requirements within specified periods.
25	25	Access to ballot by candidates. The bill requires the general
26	26	assembly, the secretary of state, and each political party to ensure that the
27	27	caucus process or any future alternative process by which candidates may
28	28	HOUSE SPONSORSHIP
29	29	Ortiz, Garcia, Jodeh, Joseph
30	30	SENATE SPONSORSHIP
31	31	Danielson,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. access the ballot that is accessible to persons with disabilities remains an
35	35	option in the state. The bill specifies that the petition process is not a
36	36	means of ballot access that is accessible to persons with disabilities. In
37	37	addition, the bill requires that within 6 months of the effective date of the
38	38	bill, any person, upon request, must be able to participate in a precinct
39	39	caucus or a party assembly with the use of a video conferencing platform
40	40	that is accessible to persons with disabilities unless the precinct caucus or
41	41	party assembly is held in a geographic location that lacks broadband
42	42	internet service.
43	43	Auxiliary aids and services for members of the general
44	44	assembly. The house of representatives and the senate are required to
45	45	provide auxiliary aids and services to any member of the general
46	46	assembly upon request of the member for use by the member while the
47	47	member is in the capitol building or any other building in the capitol
48	48	complex where legislative business regularly occurs.
49	49	Video conferencing platforms in court proceedings. Within 5
50	50	years of the effective date of the bill, all courts in the state are required to
51	51	allow a person to appear in court by the use of a video conferencing
52	52	platform upon request of the person who is required to appear in court;
53	53	except that the court may make a finding of fact that the person's physical
54	54	presence in the courtroom is required. The supreme court is required to
55	55	prescribe rules of procedure to implement the use of a video conferencing
56	56	platform. The bill includes an exemption for courts that are in a
57	57	geographic location that lacks broadband internet service.
58	58	Accessibility of meetings of public bodies. Each public body is
59	59	required to ensure that the following accessibility requirements are
60	60	implemented:
61	61	! Within 6 months of the effective date of the bill, any public
62	62	meeting at which public business is discussed, formal
63	63	action may be taken, or recommendations to the governing
64	64	body of the public body may be discussed (meeting) held
65	65	by a public body is required to be accessible in real time by
66	66	live streaming video or audio that is recorded and
67	67	accessible to persons with disabilities;
68	68	! A public body is required to post on its website, within
69	69	specified periods, any documents that will be distributed
70	70	during a meeting;
71	71	! Within 6 months of the effective date of the bill, for any
72	72	meeting of a public body during which public testimony
73	73	will be heard, the public body is required to allow any
74	74	person to participate in the meeting and offer public
75	75	testimony by using a video conferencing platform unless
76	76	the meeting occurs in a geographic location that lacks
77	77	broadband internet service;
78	78	! A public body may require that a request for auxiliary aids
79	79	HB23-1308
80	80	-2- or services to attend a meeting of the public body with the
81	81	use of the video conferencing platform be made up to 7
82	82	days before the date of the meeting;
83	83	! A public body is required to provide any auxiliary aids or
84	84	services requested in time for the meeting for which they
85	85	were requested without an explanation of the need for the
86	86	auxiliary aids and services. A public body is required to
87	87	postpone a meeting if it is unable to provide the requested
88	88	auxiliary aids or services in time for the meeting and is
89	89	required to document the reason for the additional time
90	90	required.
91	91	State capitol building accessibility requirements. Within 4 years
92	92	of the effective date of the bill, the legislative department, acting through
93	93	the executive committee of the legislative council, is required to ensure
94	94	that an audio and way-finding program that allows a person who is blind
95	95	or visually impaired to independently navigate the state capitol building
96	96	is implemented and available to any person who works in or visits the
97	97	capitol building.
98	98	The failure of any political party or public body to comply with the
99	99	applicable requirements of the bill constitutes discrimination on the basis
100	100	of disability. Any person who is subjected to a violation is entitled to seek
101	101	relief as currently provided in law.
102	102	Be it enacted by the General Assembly of the State of Colorado:1
103	103	SECTION 1. Legislative declaration. (1) The general assembly2
104	104	hereby finds and declares that:3
105	105	(a) The rights of all persons to access and participate in all levels4
106	106	of government is critical to the functions of democracy;5
107	107	(b) Despite the passage of the "Americans with Disabilities Act6
108	108	of 1990", which provided for the beginnings of basic access for persons7
109	109	with disabilities, many persons with disabilities are still denied access to8
110	110	and participation in government at all levels; and9
111	111	(c) Persons with disabilities have remained unable to participate10
112	112	fully and equally in meetings, such as caucuses held in inaccessible11
113	113	locations, committee meetings that do not provide for remote testimony,12
114	114	and live events in many locations in the state capitol building and other13
115	115	HB23-1308-3- government buildings that predate the "Americans with Disabilities Act1
116	116	of 1990".2
117	117	(2) The general assembly further finds and declares that:3
118	118	(a) It is the public policy of the state to promote equitable access4
119	119	to and participation in government for persons with disabilities at all5
120	120	levels and all stages of the governmental process; and6
121	121	(b) Resources such as the governor's office of information7
122	122	technology; the Colorado commission for the deaf, hard of hearing, and8
123	123	deafblind; and the open media foundation are available to provide9
124	124	assistance in implementing the requirements of this act.10
125	125	SECTION 2. In Colorado Revised Statutes, add 1-1-116 as11
126	126	follows:12
127	127	1-1-116. Access to precinct caucus - party assembly. (1) T
128	128	HE13
129	129	GENERAL ASSEMBLY, THE SECRETARY OF STATE, AND EACH POLITICAL14
130	130	PARTY SHALL ENSURE THAT THE CAUCUS PROCESS OR ANY FUTURE15
131	131	ALTERNATIVE PROCESS BY WHICH CANDIDATES MAY ACCESS THE BALLOT16
132	132	THAT IS ACCESSIBLE TO PERSONS WITH DISABILITIES REMAINS AN OPTION17
133	133	IN THE STATE. THE PETITION PROCESS BY WHICH CANDIDATES MAY ACCESS18
134	134	THE BALLOT IS NOT A MEANS OF BALLOT ACCESS THAT IS ACCESSIBLE TO19
135	135	PERSONS WITH DISABILITIES AS REQUIRED BY THIS SUBSECTION (1).20
136	136	(2) (a) N
137	137	OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,21
138	138	WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION , ANY22
139	139	PERSON, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT23
140	140	CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING24
141	141	PLATFORM. THE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY25
142	142	MUST ALLOW PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING26
143	143	PLATFORM WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE27
144	144	HB23-1308
145	145	-4- NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN A1
146	146	POLITICAL PARTY'S DISCRETION TO DETERMINE WHICH VIDEO2
147	147	CONFERENCING PLATFORM WILL BE USED FOR PRECINCT CAUCUSES AND3
148	148	PARTY ASSEMBLIES SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS4
149	149	WITH DISABILITIES. EACH POLITICAL PARTY MAY ESTABLISH POLICIES5
150	150	REGARDING THE USE OF A VIDEO CONFERENCING PLATFORM .6
151	151	(b) T
152	152	HE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO7
153	153	NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A8
154	154	GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS9
155	155	DEFINED IN SECTION 40-15-102 (32).10
156	156	(3) T
157	157	HE FAILURE OF ANY POLITICAL PARTY TO COMPLY WITH THE11
158	158	REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON THE12
159	159	BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY PERSON13
160	160	WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED TO SEEK14
161	161	ALL RELIEF PROVIDED IN SECTION 24-34-802.15
162	162	SECTION 3. In Colorado Revised Statutes, add 2-2-328 as16
163	163	follows:17
164	164	2-2-328. Auxiliary aids and services for members of the18
165	165	general assembly. (1) T
166	166	HE HOUSE OF REPRESENTATIVES AND THE SENATE19
167	167	MUST PROVIDE AUXILIARY AIDS AND SERVICES , AS DESCRIBED IN 28 CFR20
168	168	35.160
169	169	OR ANY SUCCESSOR REGULATION , TO ANY MEMBER OF THE21
170	170	GENERAL ASSEMBLY UPON REQUEST OF THE MEMBER FOR USE BY THE22
171	171	MEMBER. THE HOUSE OF REPRESENTATIVES AND THE SENATE MUST23
172	172	PROVIDE SUCH AUXILIARY AIDS AND SERVICES WITHOUT REQUIRING OR24
173	173	REQUESTING AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND25
174	174	SERVICES. THE HOUSE OF REPRESENTATIVES AND THE SENATE ARE26
175	175	REQUIRED TO PROVIDE AUXILIARY AIDS AND SERVICES PURSUANT TO THIS27
176	176	HB23-1308
177	177	-5- SECTION ONLY WHILE THE MEMBER OF THE GENERAL ASSEMBLY IS IN THE1
178	178	CAPITOL BUILDING OR ANY OTHER BUILDING IN THE CAPITOL COMPLEX2
179	179	WHERE LEGISLATIVE BUSINESS REGULARLY OCCURS .3
180	180	(2) T
181	181	HE FAILURE OF THE HOUSE OF REPRESENTATIVES OR THE4
182	182	SENATE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION5
183	183	CONSTITUTES DISCRIMINATION ON THE BASIS OF DISABILITY IN VIOLATION6
184	184	OF SECTION 24-34-802. ANY PERSON WHO IS SUBJECTED TO A VIOLATION7
185	185	OF THIS SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION8
186	186	24-34-802.9
187	187	SECTION 4. In Colorado Revised Statutes, add 13-1-140 as10
188	188	follows:11
189	189	13-1-140. Use of video conferencing platforms in court12
190	190	proceedings. (1) (a) W
191	191	ITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS13
192	192	SECTION, WHEN THE APPEARANCE OF A PERSON IS REQUIRED IN ANY COURT14
193	193	OF THE STATE, THE COURT MUST ALLOW THE APPEARANCE TO BE MADE BY15
194	194	THE USE OF A VIDEO CONFERENCING PLATFORM UPON REQUEST OF THE16
195	195	PERSON WHO IS REQUIRED TO APPEAR UNLESS THE COURT MAKES A17
196	196	FINDING OF FACT ON THE RECORD OF THE UNDERLYING MATTER THAT THE18
197	197	PERSON'S PHYSICAL PRESENCE IN THE COURTROOM IS REQUIRED . THE19
198	198	COURT MUST ALLOW THE APPEARANCE TO BE MADE BY THE USE OF A20
199	199	VIDEO CONFERENCING PLATFORM , UNLESS THE COURT MAKES A FINDING21
200	200	OF FACT THAT THE PERSON'S PHYSICAL PRESENCE IN THE COURTROOM IS22
201	201	REQUIRED, WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE23
202	202	NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN THE24
203	203	COURT'S DISCRETION TO DETERMINE WHICH VIDEO CONFERENCING25
204	204	PLATFORM WILL BE USED FOR SUCH COURT APPEARANCES SO LONG AS THE26
205	205	PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES .27
206	206	HB23-1308
207	207	-6- (b) THE REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION DO1
208	208	NOT APPLY WHEN A COURT PROCEEDING OCCURS IN A GEOGRAPHIC2
209	209	LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS DEFINED IN3
210	210	SECTION 40-15-102 (32).4
211	211	(2) W
212	212	HEN A COURT PROCEEDING OCCURS WITH THE USE OF A VIDEO5
213	213	CONFERENCING PLATFORM , THE COURT SHALL ENSURE THAT A FULL6
214	214	RECORD OF THE PROCEEDING IS MADE .7
215	215	(3) T
216	216	HE SUPREME COURT SHALL PRESCRIBE RULES OF PROCEDURE8
217	217	PURSUANT TO SECTIONS 13-2-108 AND 13-2-109 TO IMPLEMENT THIS9
218	218	SECTION.10
219	219	(4) B
220	220	EGINNING EIGHT YEARS AFTER THE EFFECTIVE DATE OF THIS11
221	221	SECTION, THE FAILURE OF ANY COURT TO COMPLY WITH THE12
222	222	REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON THE13
223	223	BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY PERSON14
224	224	WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED TO SEEK15
225	225	ALL RELIEF PROVIDED IN SECTION 24-34-802.16
226	226	SECTION 5. In Colorado Revised Statutes, add part 16 to article17
227	227	1 of title 29 as follows:18
228	228	PART 1619
229	229	ACCESSIBILITY OF LOCAL GOVERNMENT20
230	230	29-1-1601. Local public bodies - meetings - accessibility -21
231	231	definitions. (1) A
232	232	S USED IN THIS PART 16, UNLESS THE CONTEXT22
233	233	OTHERWISE REQUIRES:23
234	234	(a) "L
235	235	OCAL PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH24
236	236	IN SECTION 24-6-402 (1)(a).25
237	237	(b) "P
238	238	UBLIC MEETING" MEANS ANY MEETING HELD BY A LOCAL26
239	239	PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION27
240	240	HB23-1308
241	241	-7- MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE1
242	242	GOVERNING BODY OF A LOCAL PUBLIC BODY MAY BE DISCUSSED .2
243	243	(2) E
244	244	ACH LOCAL PUBLIC BODY SHALL ENSURE THAT THE3
245	245	ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS SECTION ARE4
246	246	IMPLEMENTED TO ENSURE THE FULL AND EQUAL ENJOYMENT OF THE5
247	247	LOCAL PUBLIC BODY BY PERSONS IN PROTECTED CLASSES , INCLUDING6
248	248	PERSONS WITH DISABILITIES, AS REQUIRED BY SECTIONS 24-34-601 AND7
249	249	24-34-802.8
250	250	(3) (a) W
251	251	ITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS9
252	252	SECTION, ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME BY LIVE10
253	253	STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO11
254	254	PERSONS WITH DISABILITIES.12
255	255	(b) A
256	256	LOCAL PUBLIC BODY MUST POST ON ITS WEBSITE ANY13
257	257	DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC14
258	258	MEETING. A LOCAL PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST15
259	259	SEVEN DAYS BEFORE THE PUBLIC MEETING OR , IF POSTING THE DOCUMENTS16
260	260	SEVEN DAYS BEFORE THE PUBLIC MEETING IS NOT POSSIBLE , AS SOON AS17
261	261	PRACTICABLE BEFORE THE PUBLIC MEETING ; EXCEPT THAT IF THE18
262	262	DOCUMENTS ARE CONFIDENTIAL OR NOT AVAILABLE TO THE PUBLIC UNTIL19
263	263	DISTRIBUTED OR DISCUSSED, A LOCAL PUBLIC BODY MUST POST THE20
264	264	DOCUMENTS IN REAL TIME DURING THE PUBLIC MEETING . ANY21
265	265	DOCUMENTS THAT A LOCAL PUBLIC BODY POSTS PURSUANT TO THIS22
266	266	SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING DOCUMENT AND23
267	267	INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN AVAILABLE TO24
268	268	THE PUBLIC ON THE LOCAL PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE25
269	269	IN THE SAME MANNER IN WHICH THE LOCAL PUBLIC BODY MAKES THE26
270	270	WRITTEN RECORD OF THE MEETING AVAILABLE TO THE PUBLIC .27
271	271	HB23-1308
272	272	-8- (c) A LOCAL PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE1
273	273	VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE2
274	274	PUBLIC FOR ON-DEMAND USE.3
275	275	(4) (a) E
276	276	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF4
277	277	THIS SECTION, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS5
278	278	SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE LOCAL PUBLIC6
279	279	BODY WILL HEAR PUBLIC TESTIMONY , THE LOCAL PUBLIC BODY MUST7
280	280	ALLOW ANY PERSON TO PARTICIPATE IN THE PUBLIC MEETING AND OFFER8
281	281	PUBLIC TESTIMONY BY USING A VIDEO CONFERENCING PLATFORM . THE9
282	282	LOCAL PUBLIC BODY MUST ALLOW A PERSON TO PARTICIPATE IN THE10
283	283	PUBLIC MEETING AND OFFER PUBLIC TESTIM ONY BY USING A VIDEO11
284	284	CONFERENCING PLATFORM WITHOUT REQUIRING OR REQUESTING AN12
285	285	EXPLANATION OF THE NEED FOR THE USE OF THE VIDEO CONFERENCING13
286	286	PLATFORM. THE LOCAL PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL14
287	287	SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE15
288	288	IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY16
289	289	USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND17
290	290	UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE PUBLIC18
291	291	MEETING IN PERSON. IT IS IN A LOCAL PUBLIC BODY'S DISCRETION TO19
292	292	DETERMINE WHICH VIDEO CONFERENCING PLATFORM WILL BE USED FOR20
293	293	SUCH PARTICIPATION SO LONG AS THE PLATFORM IS ACCESSIBLE TO21
294	294	PERSONS WITH DISABILITIES.22
295	295	(b) T
296	296	HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO23
297	297	NOT APPLY WHEN A PUBLIC MEETING OCCURS IN A GEOGRAPHIC LOCATION24
298	298	THAT IS IN AN UNSERVED AREA OF THE STATE , AS DEFINED IN SECTION25
299	299	40-15-102
300	300	(32).26
301	301	(c) A
302	302	LOCAL PUBLIC BODY THAT IS EXEMPT FROM THE27
303	303	HB23-1308
304	304	-9- REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN1
305	305	ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A2
306	306	TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC3
307	307	MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO4
308	308	PERSONS WITH DISABILITIES.5
309	309	(5) (a) A
310	310	LOCAL PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR6
311	311	AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING OF THE7
312	312	LOCAL PUBLIC BODY WITH THE USE OF THE VIDEO CONFERENCING8
313	313	PLATFORM SELECTED BY THE LOCAL PUBLIC BODY PURSUANT TO9
314	314	SUBSECTION (4)(a) OF THIS SECTION BE MADE UP TO SEVEN DAYS BEFORE10
315	315	THE DATE OF THE PUBLIC MEETING FOR WHICH THE AUXILIARY AIDS OR11
316	316	SERVICES ARE REQUESTED.12
317	317	(b) A
318	318	LOCAL PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS13
319	319	OR SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS14
320	320	SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY15
321	321	AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING16
322	322	AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS OR SERVICES . IF17
323	323	A LOCAL PUBLIC BODY IS UNABLE TO PROVIDE TIMELY REQUESTED18
324	324	AUXILIARY AIDS OR SERVICES IN TIME FOR THE PUBLIC MEETING FOR19
325	325	WHICH THEY WERE REQUESTED , THE LOCAL PUBLIC BODY MUST POSTPONE20
326	326	THE PUBLIC MEETING UNTIL IT IS ABLE TO PROVIDE THE REQUESTED21
327	327	AUXILIARY AIDS OR SERVICES AND MUST DOCUMENT THE REASON FOR THE22
328	328	ADDITIONAL TIME REQUIRED TO PROVIDE THE AUXILIARY AIDS OR23
329	329	SERVICES.24
330	330	(6) N
331	331	OTHING IN THIS PART 16 SUPERSEDES OR NEGATES THE25
332	332	REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF26
333	333	TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", ARTICLE 72 OF TITLE27
334	334	HB23-1308
335	335	-10- 24.1
336	336	(7) T
337	337	HE FAILURE OF ANY LOCAL PUBLIC BODY TO COMPLY WITH2
338	338	THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON3
339	339	THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY4
340	340	PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED5
341	341	TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.6
342	342	SECTION 6. In Colorado Revised Statutes, add 24-82-110 as7
343	343	follows:8
344	344	24-82-110. State capitol building - accessibility requirements.9
345	345	(1) T
346	346	HE LEGISLATIVE DEPARTMENT , ACTING THROUGH THE EXECUTIVE10
347	347	COMMITTEE OF THE LEGISLATIVE COUNCIL , SHALL STUDY AUDIO AND11
348	348	WAY-FINDING PROGRAMS THAT WOULD ALLOW PERSONS WHO ARE BLIND12
349	349	OR VISUALLY IMPAIRED TO INDEPENDENTLY NAVIGATE THE STATE CAPITOL13
350	350	BUILDING. WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION,14
351	351	TO THE EXTENT POSSIBLE, SUCH NAVIGATING OR WAY-FINDING PROGRAM15
352	352	MUST BE AVAILABLE TO ANY PERSON WHO WORKS IN OR VISITS THE16
353	353	CAPITOL BUILDING.17
354	354	(2) T
355	355	HE FAILURE OF THE LEGISLATIVE DEPARTMENT TO COMPLY18
356	356	WITH THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION19
357	357	ON THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY20
358	358	PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED21
359	359	TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.22
360	360	SECTION 7. In Colorado Revised Statutes, add part 14 to article23
361	361	82 of title 24 as follows:24
362	362	PART 1425
363	363	ACCESSIBILITY OF STATE GOVERNMENT26
364	364	24-82-1401. State public bodies - meetings - accessibility -27
365	365	HB23-1308
366	366	-11- definitions. (1) A S USED IN THIS PART 14, UNLESS THE CONTEXT1
367	367	OTHERWISE REQUIRES:2
368	368	(a) "P
369	369	UBLIC MEETING" MEANS ANY MEETING HELD BY A STATE3
370	370	PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION4
371	371	MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE5
372	372	GOVERNING BODY OF A STATE PUBLIC BODY MAY BE DISCUSSED .6
373	373	(b) "S
374	374	TATE PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH7
375	375	IN SECTION 24-6-402 (1)(d).8
376	376	(2) E
377	377	ACH STATE PUBLIC BODY SHALL ENSURE THAT THE9
378	378	ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS SECTION ARE10
379	379	IMPLEMENTED TO ENSURE THE FULL AND EQUAL ENJOYMENT OF THE STATE11
380	380	PUBLIC BODY BY PERSONS IN PROTECTED CLASSES , INCLUDING PERSONS12
381	381	WITH DISABILITIES, AS REQUIRED BY SECTIONS 24-34-601 AND 24-34-802.13
382	382	(3) (a) W
383	383	ITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS14
384	384	SECTION, ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME BY LIVE15
385	385	STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO16
386	386	PERSONS WITH DISABILITIES.17
387	387	(b) A
388	388	STATE PUBLIC BODY MUST POST ON ITS WEBSITE ANY18
389	389	DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC19
390	390	MEETING. A STATE PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST20
391	391	SEVEN DAYS BEFORE THE PUBLIC MEETING OR, IF POSTING THE DOCUMENTS21
392	392	SEVEN DAYS BEFORE THE MEETING IS NOT POSSIBLE , AS SOON AS22
393	393	PRACTICABLE BEFORE THE MEETING; EXCEPT THAT IF THE DOCUMENTS ARE23
394	394	CONFIDENTIAL OR NOT AVAILABLE TO THE PUBLIC UNTIL DISTRIBUTED OR24
395	395	DISCUSSED, THE STATE PUBLIC BODY MUST POST THE DOCUMENTS IN REAL25
396	396	TIME DURING THE PUBLIC MEETING . ANY DOCUMENTS THAT A STATE26
397	397	PUBLIC BODY POSTS PURSUANT TO THIS SUBSECTION (3)(b) MUST MEET27
398	398	HB23-1308
399	399	-12- CURRENT PREVAILING DOCUMENT AND INTERNET ACCESSIBILITY1
400	400	STANDARDS AND MUST REMAIN AVAILABLE TO THE PUBLIC ON THE STATE2
401	401	PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE IN THE SAME MANNER IN3
402	402	WHICH THE LOCAL STATE BODY MAKES THE WRITTEN RECORD OF THE4
403	403	PUBLIC MEETING AVAILABLE TO THE PUBLIC .5
404	404	(c) A
405	405	STATE PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE6
406	406	VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE7
407	407	PUBLIC FOR ON-DEMAND USE.8
408	408	(4) (a) E
409	409	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF9
410	410	THIS SECTION, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS10
411	411	SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE STATE PUBLIC11
412	412	BODY WILL HEAR PUBLIC TESTIMONY , THE STATE PUBLIC BODY MUST12
413	413	ALLOW ANY PERSON TO PARTICIPATE IN THE PUBLIC MEETING AND OFFER13
414	414	PUBLIC TESTIMONY WITH THE USE OF A VIDEO CONFERENCING PLATFORM .14
415	415	T
416	416	HE STATE PUBLIC BODY MUST ALLOW A PERSON TO PARTICIPATE IN THE15
417	417	PUBLIC MEETING AND OFFER PUBLIC TESTIMONY BY USING A VIDEO16
418	418	CONFERENCING PLATFORM WITHOUT REQUIRING OR REQUESTING AN17
419	419	EXPLANATION OF THE NEED FOR THE USE OF THE VIDEO CONFERENCING18
420	420	PLATFORM. THE STATE PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL19
421	421	SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE20
422	422	IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY21
423	423	USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND22
424	424	UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE MEETING IN23
425	425	PERSON. IT IS IN A STATE PUBLIC BODY'S DISCRETION TO DETERMINE WHICH24
426	426	VIDEO CONFERENCING PLATFORM WILL BE USED FOR SUCH PARTICIPATION25
427	427	SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES .26
428	428	(b) T
429	429	HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO27
430	430	HB23-1308
431	431	-13- NOT APPLY WHEN A PUBLIC MEETING OF A STATE PUBLIC BODY OCCURS IN1
432	432	A GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE ,2
433	433	AS DEFINED IN SECTION 40-15-102 (32).3
434	434	(c) A
435	435	STATE PUBLIC BODY THAT IS EXEMPT FROM THE4
436	436	REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN5
437	437	ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A6
438	438	TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC7
439	439	MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO8
440	440	PERSONS WITH DISABILITIES.9
441	441	(5) (a) A
442	442	STATE PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR10
443	443	AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING WITH THE USE11
444	444	OF THE VIDEO CONFERENCING PLATFORM SELECTED BY THE STATE PUBLIC12
445	445	BODY PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, BE MADE UP TO13
446	446	SEVEN DAYS BEFORE THE DATE OF THE PUBLIC MEETING FOR WHICH THE14
447	447	AIDS OR SERVICES ARE REQUESTED.15
448	448	(b) A
449	449	STATE PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS OR16
450	450	SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS17
451	451	SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY18
452	452	AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING19
453	453	AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND SERVICES .20
454	454	I
455	455	F A STATE PUBLIC BODY IS UNABLE TO PROVIDE AUXILIARY AIDS OR21
456	456	SERVICES IN TIME FOR THE PUBLIC MEETING FOR WHICH THEY WERE22
457	457	TIMELY REQUESTED, THE STATE PUBLIC BODY MUST POSTPONE THE PUBLIC23
458	458	MEETING UNTIL IT IS ABLE TO PROVIDE THE REQUESTED AUXILIARY AIDS24
459	459	OR SERVICES AND MUST DOCUMENT THE REASON FOR THE ADDITIONAL25
460	460	TIME REQUIRED TO PROVIDE THE AUXILIARY AIDS OR SERVICES .26
461	461	(6) N
462	462	OTHING IN THIS PART 14 SUPERSEDES OR NEGATES THE27
463	463	HB23-1308
464	464	-14- REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF THIS1
465	465	TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", ARTICLE 72 OF THIS2
466	466	TITLE 24.3
467	467	(7) T
468	468	HE FAILURE OF ANY STATE PUBLIC BODY TO COMPLY WITH4
469	469	THE REQUIREMENTS OF THIS SECTION CONSTITUTES DISCRIMINATION ON5
470	470	THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY6
471	471	PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS SECTION IS ENTITLED7
472	472	TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.8
473	473	SECTION 8. Act subject to petition - effective date. This act9
474	474	takes effect at 12:01 a.m. on the day following the expiration of the10
475	475	ninety-day period after final adjournment of the general assembly; except11
476	476	that, if a referendum petition is filed pursuant to section 1 (3) of article V12
477	477	of the state constitution against this act or an item, section, or part of this13
478	478	act within such period, then the act, item, section, or part will not take14
479	479	effect unless approved by the people at the general election to be held in15
480	480	November 2024 and, in such case, will take effect on the date of the16
481	481	official declaration of the vote thereon by the governor.17
482	482	HB23-1308
483	483	-15-