SENATE BILL 23-244
BY SENATOR(S) Bridges and Zenzinger, Kirkmeyer, Buckner, Coleman,
Cutter, Exum, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kolker, Marchman, Moreno, Mullica, Priola, Roberts, Winter F.;
also REPRESENTATIVE(S) Bird and Sirota, Bockenfeld, Brown, Epps,
Froelich, Garcia, Hamrick, Joseph, Kipp, Lieder, Lindstedt, Marshall,
Parenti, Snyder, Story, Titone, Weinberg, Weissman, Young, McCluskie.
C
ONCERNING UPDATES TO LANGUAGE IN RELEVANT COLORADO STATUTES
RELATED TO ENSURING TECHNOLOGY ACCESSIBILITY TO PERSONS
WITH DISABILITIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-85-102, amend
(1.5) as follows:
24-85-102. Definitions. As used in this article 85, unless the context
otherwise requires:
(1.5) "Accessible" or "accessibility" means perceivable, operable,
and understandable digital content that
REASONABLY enables an individual
with a disability to access the same information, engage in the same
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. interactions, and enjoy the same services offered to other individuals, with
the same privacy, independence, and ease of use as exists for individuals
without a disability.
SECTION 2. In Colorado Revised Statutes, 24-85-103, amend (1)
introductory portion, (1.5), (2.5), and (3); and add (4) as follows:
24-85-103. Accessibility standards for individuals with a
disability - appropriation - repeal. (1) The chief information officer in
the office of information technology shall maintain
ESTABLISH IN RULE
PURSUANT TO SECTION
24-37.5-106 (4), accessibility standards for an
individual with a disability for information technology systems employed
by state agencies that:
(1.5) The chief information officer in the office of information
technology shall, consistent with the responsibilities of the office, promote
and monitor the access
ACCESSIBILITY standards for individuals with a
disability in the state's information technology infrastructure, including but
not limited to architecture INFRASTRUCTURE. Each state agency is directed
to comply with the access ACCESSIBILITY standards for individuals with a
disability, established by the office of information technology pursuant to
subsection (2.5) of this section, in the creation and promulgation of any
online content and materials used by such state agency.
(2.5) The chief information officer in the office of information
technology shall
PROMULGATE RULES THAT establish accessibility standards
for individuals with a disability using
BASED ON AND INCLUDING, BUT NOT
LIMITED TO
, the most recent web content accessibility guidelines
promulgated and published by the world wide web consortium web
accessibility initiative or the international accessibility guidelines working
group, or any successor group or organization, or any subsequent updates
or revisions to such guidelines by any successor group or organization
WHEN ESTABLISHING THE ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH
A DISABILITY
.
(3) (a) The head of each state agency, as that term is defined in
section 24-37.5-102, shall establish a written plan, as part of its annual
information technology plan, and develop any proposed budget requests for
implementing the accessibility standards for individuals with a disability for
its agency at facilities accessible by the public. Each such state agency shall
PAGE 2-SENATE BILL 23-244 follow up on the plan as follows:
(I) On or before July 1, 2022, the state agency shall submit its
written accessibility plan to the office of information technology. The office
of information technology shall work collaboratively with the state agency
to review the sections of the agency's plan related to accessibility standards
for individuals with a disability and establish implementation methodology;
and
(II) On or before July 1, 2024, each state agency shall fully
implement the sections of the agency's plan related to accessibility standards
for individuals with a disability. Any state agency not in compliance
WITH
THE ACCESSIBILITY STANDARDS PURSUANT TO SUBSECTION
(2.5) OF THIS
SECTION
after July 1, 2024, is in violation of section 24-34-802 and is
subject to the remedies for noncompliance set forth in section 24-34-802.
(4) (a) A
NY UNEXPENDED AND UNENCUMBERED MONEY
APPROPRIATED TO A DEPARTMENT IN A SPECIFIC LINE ITEM FOR INFORMATION
TECHNOLOGY ACCESSIBILITY FOR FISCAL YEAR
2023-24 REMAINS AVAILABLE
FOR EXPENDITURE BY THE DEPARTMENT THROUGH FISCAL YEAR
2025-26
WITHOUT FURTHER APPROPRIATION FOR THE DEPARTMENT TO COMPLY WITH
INFORMATION TECHNOL OGY ACCESSIBILITY STANDARDS
. AT THE END OF
FISCAL YEAR
2025-26, MONEY THAT IS UNEXPENDED OR UNENCUMBERED
REVERTS TO THE FUND FROM WHICH IT WAS APPROPRIATED
.
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 3. In Colorado Revised Statutes, 24-34-802, amend
(1)(c) and (2) as follows:
24-34-802. Violations - penalties - immunity.
(1) (c) Discrimination pursuant to this section includes the failure of a
public entity or state agency, as those terms are defined in section
24-34-301, to develop an accessibility plan using the accessibility standards
established pursuant to section 24-85-103 (2.5) and fully comply, on or
before July 1, 2024, with the accessibility standards for individuals with a
disability established by the office of information technology pursuant to
section 24-85-103 (2.5)
SECTION 24-85-103. Liability for noncompliance as
to content lies with the public entity or state agency that manages the
content. Liability for noncompliance of the platform hosting the content lies
PAGE 3-SENATE BILL 23-244 with the public entity or state agency that manages the platform.
(2) (a) An individual with a disability, as defined in section
24-34-301 (5.6), 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 civil suit in a
court of competent jurisdiction and, except as provided in section
24-85-103, AND is entitled to any of the following remedies:
(I) A court order requiring compliance with the provisions of the
applicable section;
(II) The recovery of actual monetary damages; or
(III) A statutory fine of three thousand five hundred dollars, payable
to each plaintiff for each violation.
(b) F
OR A CLAIM BROUGHT PURSUANT TO SECTION 24-85-103 FOR A
VIOLATION OF ACCESSIBILITY STANDARDS
, THE VIOLATION MUST BE
CONSIDERED A SINGLE INCIDENT AND NOT AS SEPARATE VIOLATIONS IF THE
VIOLATION OCCURRED ON A SINGLE DIGITAL PRODUCT
, INCLUDING A
WEBSITE OR AN APPLICATION
.
(b)
(c) For a claim brought pursuant to paragraph (a) of this
subsection (2) SUBSECTION (2)(a) OF THIS SECTION for a construction-related
accessibility violation, the violation must be considered a single incident
and not as separate violations for each day the construction-related
accessibility violation exists.
(c)
(d) (I) A small business defendant is entitled to a fifty percent
reduction in a statutory fine assessed pursuant to subparagraph (III) of
paragraph (a) of this subsection (2) SUBSECTION (2)(a)(III) OF THIS SECTION
if it corrects the accessibility violation within thirty days after the filing of the complaint. The fifty percent reduction in a statutory fine does not apply, however, if the defendant knowingly or intentionally made or caused to have made the access barrier that caused the accessibility violation.
(II) For purposes of this paragraph (c)
SUBSECTION (2)(d), "small
business" means an employer with twenty-five or fewer employees and no
more than three million five hundred thousand dollars in annual gross
PAGE 4-SENATE BILL 23-244 income.
(III) Nothing in this paragraph (c) SUBSECTION (2)(d) may be
interpreted to result in a reduction in actual monetary damages awarded
pursuant to subparagraph (II) of paragraph (a) of this subsection (2)
SUBSECTION (2)(a)(II) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 24-37.5-106, amend
(4) as follows:
24-37.5-106. Chief information officer - duties and
responsibilities. (4) The chief information officer may promulgate as rules
pursuant to article 4 of this title 24, all of the policies, procedures,
standards, specifications, guidelines, or criteria that are developed or
approved pursuant to section 24-37.5-105 (4)
AND TO ESTABLISH
ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY PURSUANT
TO SECTION
24-85-103.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 5-SENATE BILL 23-244 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 23-244