First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0973.02 Chelsea Princell x4335
SENATE BILL 23-244
Senate Committees House Committees
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING UPDATES TO LANGUAGE IN RELEVANT COLORADO101
STATUTES RELATED TO ENSURING TECHNOLOGY ACCESSIBILITY102
TO PERSONS WITH DISABILITIES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Joint Budget Committee. The bill clarifies statutory language to
ensure the provision of reasonable accommodations for persons with
disabilities.
The bill requires the office of information technology to
promulgate rules regarding accessibility standards for an individual with
HOUSE
2nd Reading Unamended
April 3, 2023
SENATE
3rd Reading Unamended
March 30, 2023
SENATE
2nd Reading Unamended
March 29, 2023
SENATE SPONSORSHIP
Bridges and Zenzinger, Kirkmeyer, Buckner, Coleman, Cutter, Exum, Fields, Ginal,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Moreno, Mullica, Priola,
Roberts, Winter F.
HOUSE SPONSORSHIP
Bird and Sirota, Bockenfeld
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. a disability for information technology systems employed by state
agencies.
The bill clarifies language regarding sanctions for failing to
comply with accessibility standards.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-85-102, amend2
(1.5) as follows:3
24-85-102. Definitions. As used in this article 85, unless the4
context otherwise requires:5
(1.5) "Accessible" or "accessibility" means perceivable, operable,6
and understandable digital content that
REASONABLY enables an7
individual with a disability to access the same information, engage in the8
same interactions, and enjoy the same services offered to other9
individuals, with the same privacy, independence, and ease of use as10
exists for individuals without a disability.11
SECTION 2. In Colorado Revised Statutes, 24-85-103, amend12
(1) introductory portion, (1.5), (2.5), and (3); and add (4) as follows:13
24-85-103. Accessibility standards for individuals with a14
disability - appropriation - repeal. (1) The chief information officer in15
the office of information technology shall maintain
ESTABLISH IN RULE16
PURSUANT TO SECTION 24-37.5-106 (4), accessibility standards for an17
individual with a disability for information technology systems employed18
by state agencies that:19
(1.5) The chief information officer in the office of information20
technology shall, consistent with the responsibilities of the office,21
promote and monitor the access ACCESSIBILITY standards for individuals22
with a disability in the state's information technology infrastructure,23
244-2- including but not limited to architecture INFRASTRUCTURE. Each state1
agency is directed to comply with the access ACCESSIBILITY standards for2
individuals with a disability, established by the office of information3
technology pursuant to subsection (2.5) of this section, in the creation and4
promulgation of any online content and materials used by such state5
agency.6
(2.5) The chief information officer in the office of information7
technology shall
PROMULGATE RULES THAT establish accessibility8
standards for individuals with a disability using
BASED ON AND9
INCLUDING, BUT NOT LIMITED TO , the most recent web content10
accessibility guidelines promulgated and published by the world wide11
web consortium web accessibility initiative or the international12
accessibility guidelines working group, or any successor group or13
organization, or any subsequent updates or revisions to such guidelines14
by any successor group or organization
WHEN ESTABLISHING THE15
ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY .16
(3) (a) The head of each state agency, as that term is defined in
17
section 24-37.5-102, shall establish a written plan, as part of its annual18
information technology plan, and develop any proposed budget requests19
for implementing the accessibility standards for individuals with a20
disability for its agency at facilities accessible by the public. Each such21
state agency shall follow up on the plan as follows:22
(I) On or before July 1, 2022, the state agency shall submit its23
written accessibility plan to the office of information technology. The24
office of information technology shall work collaboratively with the state25
agency to review the sections of the agency's plan related to accessibility26
standards for individuals with a disability and establish implementation27
244
-3- methodology; and1
(II) On or before July 1, 2024, each state agency shall fully2
implement the sections of the agency's plan related to accessibility3
standards for individuals with a disability. Any state agency not in4
compliance
WITH THE ACCESSIBILITY STANDARDS PURSUANT TO5
SUBSECTION (2.5) OF THIS SECTION after July 1, 2024, is in violation of6
section 24-34-802 and is subject to the remedies for noncompliance set7
forth in section 24-34-802.8
(4) (a) A
NY UNEXPENDED AND UNENCUMBERED MONEY9
APPROPRIATED TO A DEPARTMENT IN A SPECIFIC LINE ITEM FOR10
INFORMATION TECHNOLOGY ACCESSIBILITY FOR FISCAL YEAR 2023-2411
REMAINS AVAILABLE FOR EXPENDITURE BY THE DEPARTMENT THROUGH12
FISCAL YEAR 2025-26 WITHOUT FURTHER APPROPRIATION FOR THE13
DEPARTMENT TO COMPLY WITH INFORMATION TECHNOLOGY14
ACCESSIBILITY STANDARDS. AT THE END OF FISCAL YEAR 2025-26, MONEY15
THAT IS UNEXPENDED OR UNENCUMBERED REVERTS TO THE FUND FROM16
WHICH IT WAS APPROPRIATED.17
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.18
SECTION 3. In Colorado Revised Statutes, 24-34-802, amend19
(1)(c) and (2) as follows:20
24-34-802. Violations - penalties - immunity.21
(1) (c) Discrimination pursuant to this section includes the failure of a22
public entity or state agency, as those terms are defined in section23
24-34-301, to develop an accessibility plan using the accessibility
24
standards established pursuant to section 24-85-103 (2.5) and fully25
comply, on or before July 1, 2024, with the accessibility standards for26
individuals with a disability established by the office of information27
244
-4- technology pursuant to section 24-85-103 (2.5) SECTION 24-85-103.1
Liability for noncompliance as to content lies with the public entity or2
state agency that manages the content. Liability for noncompliance of the3
platform hosting the content lies with the public entity or state agency that4
manages the platform.5
(2) (a) An individual with a disability, as defined in section6
24-34-301 (5.6), 24-34-301, who is subject to a violation of subsection7
(1) of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or8
24-34-803 based on the individual's disability may bring a civil suit in a9
court of competent jurisdiction and, except as provided in section10
24-85-103, AND is entitled to any of the following remedies:11
(I) A court order requiring compliance with the provisions of the12
applicable section;13
(II) The recovery of actual monetary damages; or14
(III) A statutory fine of three thousand five hundred dollars,15
payable to each plaintiff for each violation.16
(b) F
OR A CLAIM BROUGHT PURSUANT TO SECTION 24-85-103 FOR17
A VIOLATION OF ACCESSIBILITY STANDARDS , THE VIOLATION MUST BE18
CONSIDERED A SINGLE INCIDENT AND NOT AS SEPARATE VIOLATIONS IF THE19
VIOLATION OCCURRED ON A SINGLE DIGITAL PRODUCT , INCLUDING A20
WEBSITE OR AN APPLICATION.21
(b)
(c) For a claim brought pursuant to paragraph (a) of this22
subsection (2) SUBSECTION (2)(a) OF THIS SECTION for a23
construction-related accessibility violation, the violation must be24
considered a single incident and not as separate violations for each day25
the construction-related accessibility violation exists.26
(c) (d) (I) A small business defendant is entitled to a fifty percent27
244
-5- reduction in a statutory fine assessed pursuant to subparagraph (III) of1
paragraph (a) of this subsection (2) SUBSECTION (2)(a)(III) OF THIS2
SECTION if it corrects the accessibility violation within thirty days after the3
filing of the complaint. The fifty percent reduction in a statutory fine does4
not apply, however, if the defendant knowingly or intentionally made or5
caused to have made the access barrier that caused the accessibility6
violation.7
(II) For purposes of this paragraph (c) SUBSECTION (2)(d), "small8
business" means an employer with twenty-five or fewer employees and9
no more than three million five hundred thousand dollars in annual gross10
income.11
(III) Nothing in this paragraph (c) SUBSECTION (2)(d) may be12
interpreted to result in a reduction in actual monetary damages awarded13
pursuant to subparagraph (II) of paragraph (a) of this subsection (2)14
SUBSECTION (2)(a)(II) OF THIS SECTION.15
SECTION 4. In Colorado Revised Statutes, 24-37.5-106, amend16
(4) as follows:17
24-37.5-106. Chief information officer - duties and18
responsibilities. (4) The chief information officer may promulgate as19
rules pursuant to article 4 of this title 24, all of the policies, procedures,20
standards, specifications, guidelines, or criteria that are developed or21
approved pursuant to section 24-37.5-105 (4)
AND TO ESTABLISH22
ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY23
PURSUANT TO SECTION 24-85-103.24
SECTION 5. Safety clause. The general assembly hereby finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety.27
244
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