Colorado 2023 Regular Session

Colorado Senate Bill SB244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0973.02 Chelsea Princell x4335
1	8		SENATE BILL 23-244
2		-	BY SENATOR(S) Bridges and Zenzinger, Kirkmeyer, Buckner, Coleman,
3		-	Cutter, Exum, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
4		-	Kolker, Marchman, Moreno, Mullica, Priola, Roberts, Winter F.;
5		-	also REPRESENTATIVE(S) Bird and Sirota, Bockenfeld, Brown, Epps,
6		-	Froelich, Garcia, Hamrick, Joseph, Kipp, Lieder, Lindstedt, Marshall,
7		-	Parenti, Snyder, Story, Titone, Weinberg, Weissman, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Appropriations Appropriations
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING UPDATES TO LANGUAGE IN RELEVANT COLORADO STATUTES
10		-	RELATED TO ENSURING TECHNOLOGY ACCESSIBILITY TO PERSONS
11		-	WITH DISABILITIES
12		-	.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 24-85-102, amend
15		-	(1.5) as follows:
16		-	24-85-102. Definitions. As used in this article 85, unless the context
17		-	otherwise requires:
18		-	(1.5) "Accessible" or "accessibility" means perceivable, operable,
	13	+	ONCERNING UPDATES TO LANGUAGE IN RELEVANT COLORADO101
	14	+	STATUTES RELATED TO ENSURING TECHNOLOGY ACCESSIBILITY102
	15	+	TO PERSONS WITH DISABILITIES.103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov/
	22	+	.)
	23	+	Joint Budget Committee. The bill clarifies statutory language to
	24	+	ensure the provision of reasonable accommodations for persons with
	25	+	disabilities.
	26	+	The bill requires the office of information technology to
	27	+	promulgate rules regarding accessibility standards for an individual with
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 6, 2023
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	April 3, 2023
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	March 30, 2023
	37	+	SENATE
	38	+	2nd Reading Unamended
	39	+	March 29, 2023
	40	+	SENATE SPONSORSHIP
	41	+	Bridges and Zenzinger, Kirkmeyer, Buckner, Coleman, Cutter, Exum, Fields, Ginal,
	42	+	Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Moreno, Mullica, Priola,
	43	+	Roberts, Winter F.
	44	+	HOUSE SPONSORSHIP
	45	+	Bird and Sirota, Bockenfeld, Brown, Epps, Froelich, Garcia, Hamrick, Joseph, Kipp,
	46	+	Lieder, Lindstedt, Marshall, McCluskie, Parenti, Snyder, Story, Titone, Weinberg, Weissman,
	47	+	Young
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. a disability for information technology systems employed by state
	51	+	agencies.
	52	+	The bill clarifies language regarding sanctions for failing to
	53	+	comply with accessibility standards.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. In Colorado Revised Statutes, 24-85-102, amend2
	56	+	(1.5) as follows:3
	57	+	24-85-102. Definitions. As used in this article 85, unless the4
	58	+	context otherwise requires:5
	59	+	(1.5) "Accessible" or "accessibility" means perceivable, operable,6
19	60		and understandable digital content that
20		-	REASONABLY enables an individual
21		-	with a disability to access the same information, engage in the same
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. interactions, and enjoy the same services offered to other individuals, with
30		-	the same privacy, independence, and ease of use as exists for individuals
31		-	without a disability.
32		-	SECTION 2. In Colorado Revised Statutes, 24-85-103, amend (1)
33		-	introductory portion, (1.5), (2.5), and (3); and add (4) as follows:
34		-	24-85-103. Accessibility standards for individuals with a
35		-	disability - appropriation - repeal. (1) The chief information officer in
	61	+	REASONABLY enables an7
	62	+	individual with a disability to access the same information, engage in the8
	63	+	same interactions, and enjoy the same services offered to other9
	64	+	individuals, with the same privacy, independence, and ease of use as10
	65	+	exists for individuals without a disability.11
	66	+	SECTION 2. In Colorado Revised Statutes, 24-85-103, amend12
	67	+	(1) introductory portion, (1.5), (2.5), and (3); and add (4) as follows:13
	68	+	24-85-103. Accessibility standards for individuals with a14
	69	+	disability - appropriation - repeal. (1) The chief information officer in15
36	70		the office of information technology shall maintain
37		-	ESTABLISH IN RULE
38		-	PURSUANT TO SECTION
39		-	24-37.5-106 (4), accessibility standards for an
40		-	individual with a disability for information technology systems employed
41		-	by state agencies that:
42		-	(1.5) The chief information officer in the office of information
43		-	technology shall, consistent with the responsibilities of the office, promote
44		-	and monitor the access
45		-	ACCESSIBILITY standards for individuals with a
46		-	disability in the state's information technology infrastructure, including but
47		-	not limited to architecture INFRASTRUCTURE. Each state agency is directed
48		-	to comply with the access ACCESSIBILITY standards for individuals with a
49		-	disability, established by the office of information technology pursuant to
50		-	subsection (2.5) of this section, in the creation and promulgation of any
51		-	online content and materials used by such state agency.
52		-	(2.5) The chief information officer in the office of information
	71	+	ESTABLISH IN RULE16
	72	+	PURSUANT TO SECTION 24-37.5-106 (4), accessibility standards for an17
	73	+	individual with a disability for information technology systems employed18
	74	+	by state agencies that:19
	75	+	(1.5) The chief information officer in the office of information20
	76	+	technology shall, consistent with the responsibilities of the office,21
	77	+	promote and monitor the access ACCESSIBILITY standards for individuals22
	78	+	with a disability in the state's information technology infrastructure,23
	79	+	244-2- including but not limited to architecture INFRASTRUCTURE. Each state1
	80	+	agency is directed to comply with the access ACCESSIBILITY standards for2
	81	+	individuals with a disability, established by the office of information3
	82	+	technology pursuant to subsection (2.5) of this section, in the creation and4
	83	+	promulgation of any online content and materials used by such state5
	84	+	agency.6
	85	+	(2.5) The chief information officer in the office of information7
53	86		technology shall
54		-	PROMULGATE RULES THAT establish accessibility standards
55		-	for individuals with a disability using
56		-	BASED ON AND INCLUDING, BUT NOT
57		-	LIMITED TO
58		-	, the most recent web content accessibility guidelines
59		-	promulgated and published by the world wide web consortium web
60		-	accessibility initiative or the international accessibility guidelines working
61		-	group, or any successor group or organization, or any subsequent updates
62		-	or revisions to such guidelines by any successor group or organization
63		-	WHEN ESTABLISHING THE ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH
64		-	A DISABILITY
65		-	.
	87	+	PROMULGATE RULES THAT establish accessibility8
	88	+	standards for individuals with a disability using
	89	+	BASED ON AND9
	90	+	INCLUDING, BUT NOT LIMITED TO , the most recent web content10
	91	+	accessibility guidelines promulgated and published by the world wide11
	92	+	web consortium web accessibility initiative or the international12
	93	+	accessibility guidelines working group, or any successor group or13
	94	+	organization, or any subsequent updates or revisions to such guidelines14
	95	+	by any successor group or organization
	96	+	WHEN ESTABLISHING THE15
	97	+	ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY .16
66	98		(3) (a) The head of each state agency, as that term is defined in
67		-	section 24-37.5-102, shall establish a written plan, as part of its annual
68		-	information technology plan, and develop any proposed budget requests for
69		-	implementing the accessibility standards for individuals with a disability for
70		-	its agency at facilities accessible by the public. Each such state agency shall
71		-	PAGE 2-SENATE BILL 23-244 follow up on the plan as follows:
72		-	(I) On or before July 1, 2022, the state agency shall submit its
73		-	written accessibility plan to the office of information technology. The office
74		-	of information technology shall work collaboratively with the state agency
75		-	to review the sections of the agency's plan related to accessibility standards
76		-	for individuals with a disability and establish implementation methodology;
77		-	and
78		-	(II) On or before July 1, 2024, each state agency shall fully
79		-	implement the sections of the agency's plan related to accessibility standards
80		-	for individuals with a disability. Any state agency not in compliance
81		-	WITH
82		-	THE ACCESSIBILITY STANDARDS PURSUANT TO SUBSECTION
83		-	(2.5) OF THIS
84		-	SECTION
85		-	after July 1, 2024, is in violation of section 24-34-802 and is
86		-	subject to the remedies for noncompliance set forth in section 24-34-802.
	99	+	17
	100	+	section 24-37.5-102, shall establish a written plan, as part of its annual18
	101	+	information technology plan, and develop any proposed budget requests19
	102	+	for implementing the accessibility standards for individuals with a20
	103	+	disability for its agency at facilities accessible by the public. Each such21
	104	+	state agency shall follow up on the plan as follows:22
	105	+	(I) On or before July 1, 2022, the state agency shall submit its23
	106	+	written accessibility plan to the office of information technology. The24
	107	+	office of information technology shall work collaboratively with the state25
	108	+	agency to review the sections of the agency's plan related to accessibility26
	109	+	standards for individuals with a disability and establish implementation27
	110	+	244
	111	+	-3- methodology; and1
	112	+	(II) On or before July 1, 2024, each state agency shall fully2
	113	+	implement the sections of the agency's plan related to accessibility3
	114	+	standards for individuals with a disability. Any state agency not in4
	115	+	compliance
	116	+	WITH THE ACCESSIBILITY STANDARDS PURSUANT TO5
	117	+	SUBSECTION (2.5) OF THIS SECTION after July 1, 2024, is in violation of6
	118	+	section 24-34-802 and is subject to the remedies for noncompliance set7
	119	+	forth in section 24-34-802.8
87	120		(4) (a) A
88		-	NY UNEXPENDED AND UNENCUMBERED MONEY
89		-	APPROPRIATED TO A DEPARTMENT IN A SPECIFIC LINE ITEM FOR INFORMATION
90		-	TECHNOLOGY ACCESSIBILITY FOR FISCAL YEAR
91		-	2023-24 REMAINS AVAILABLE
92		-	FOR EXPENDITURE BY THE DEPARTMENT THROUGH FISCAL YEAR
93		-	2025-26
94		-	WITHOUT FURTHER APPROPRIATION FOR THE DEPARTMENT TO COMPLY WITH
95		-	INFORMATION TECHNOL OGY ACCESSIBILITY STANDARDS
96		-	. AT THE END OF
97		-	FISCAL YEAR
98		-	2025-26, MONEY THAT IS UNEXPENDED OR UNENCUMBERED
99		-	REVERTS TO THE FUND FROM WHICH IT WAS APPROPRIATED
100		-	.
	121	+	NY UNEXPENDED AND UNENCUMBERED MONEY9
	122	+	APPROPRIATED TO A DEPARTMENT IN A SPECIFIC LINE ITEM FOR10
	123	+	INFORMATION TECHNOLOGY ACCESSIBILITY FOR FISCAL YEAR 2023-2411
	124	+	REMAINS AVAILABLE FOR EXPENDITURE BY THE DEPARTMENT THROUGH12
	125	+	FISCAL YEAR 2025-26 WITHOUT FURTHER APPROPRIATION FOR THE13
	126	+	DEPARTMENT TO COMPLY WITH INFORMATION TECHNOLOGY14
	127	+	ACCESSIBILITY STANDARDS. AT THE END OF FISCAL YEAR 2025-26, MONEY15
	128	+	THAT IS UNEXPENDED OR UNENCUMBERED REVERTS TO THE FUND FROM16
	129	+	WHICH IT WAS APPROPRIATED.17
101	130		(b) T
102		-	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.
103		-	SECTION 3. In Colorado Revised Statutes, 24-34-802, amend
104		-	(1)(c) and (2) as follows:
105		-	24-34-802. Violations - penalties - immunity.
106		-	(1) (c) Discrimination pursuant to this section includes the failure of a
107		-	public entity or state agency, as those terms are defined in section
108		-	24-34-301, to develop an accessibility plan using the accessibility standards
109		-	established pursuant to section 24-85-103 (2.5) and fully comply, on or
110		-	before July 1, 2024, with the accessibility standards for individuals with a
111		-	disability established by the office of information technology pursuant to
112		-	section 24-85-103 (2.5)
113		-	SECTION 24-85-103. Liability for noncompliance as
114		-	to content lies with the public entity or state agency that manages the
115		-	content. Liability for noncompliance of the platform hosting the content lies
116		-	PAGE 3-SENATE BILL 23-244 with the public entity or state agency that manages the platform.
117		-	(2) (a) An individual with a disability, as defined in section
118		-	24-34-301 (5.6), 24-34-301, who is subject to a violation of subsection (1)
119		-	of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or
120		-	24-34-803 based on the individual's disability may bring a civil suit in a
121		-	court of competent jurisdiction and, except as provided in section
122		-	24-85-103, AND is entitled to any of the following remedies:
123		-	(I) A court order requiring compliance with the provisions of the
124		-	applicable section;
125		-	(II) The recovery of actual monetary damages; or
126		-	(III) A statutory fine of three thousand five hundred dollars, payable
127		-	to each plaintiff for each violation.
	131	+	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.18
	132	+	SECTION 3. In Colorado Revised Statutes, 24-34-802, amend19
	133	+	(1)(c) and (2) as follows:20
	134	+	24-34-802. Violations - penalties - immunity.21
	135	+	(1) (c) Discrimination pursuant to this section includes the failure of a22
	136	+	public entity or state agency, as those terms are defined in section23
	137	+	24-34-301, to develop an accessibility plan using the accessibility
	138	+	24
	139	+	standards established pursuant to section 24-85-103 (2.5) and fully25
	140	+	comply, on or before July 1, 2024, with the accessibility standards for26
	141	+	individuals with a disability established by the office of information27
	142	+	244
	143	+	-4- technology pursuant to section 24-85-103 (2.5) SECTION 24-85-103.1
	144	+	Liability for noncompliance as to content lies with the public entity or2
	145	+	state agency that manages the content. Liability for noncompliance of the3
	146	+	platform hosting the content lies with the public entity or state agency that4
	147	+	manages the platform.5
	148	+	(2) (a) An individual with a disability, as defined in section6
	149	+	24-34-301 (5.6), 24-34-301, who is subject to a violation of subsection7
	150	+	(1) of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or8
	151	+	24-34-803 based on the individual's disability may bring a civil suit in a9
	152	+	court of competent jurisdiction and, except as provided in section10
	153	+	24-85-103, AND is entitled to any of the following remedies:11
	154	+	(I) A court order requiring compliance with the provisions of the12
	155	+	applicable section;13
	156	+	(II) The recovery of actual monetary damages; or14
	157	+	(III) A statutory fine of three thousand five hundred dollars,15
	158	+	payable to each plaintiff for each violation.16
128	159		(b) F
129		-	OR A CLAIM BROUGHT PURSUANT TO SECTION 24-85-103 FOR A
130		-	VIOLATION OF ACCESSIBILITY STANDARDS
131		-	, THE VIOLATION MUST BE
132		-	CONSIDERED A SINGLE INCIDENT AND NOT AS SEPARATE VIOLATIONS IF THE
133		-	VIOLATION OCCURRED ON A SINGLE DIGITAL PRODUCT
134		-	, INCLUDING A
135		-	WEBSITE OR AN APPLICATION
136		-	.
	160	+	OR A CLAIM BROUGHT PURSUANT TO SECTION 24-85-103 FOR17
	161	+	A VIOLATION OF ACCESSIBILITY STANDARDS , THE VIOLATION MUST BE18
	162	+	CONSIDERED A SINGLE INCIDENT AND NOT AS SEPARATE VIOLATIONS IF THE19
	163	+	VIOLATION OCCURRED ON A SINGLE DIGITAL PRODUCT , INCLUDING A20
	164	+	WEBSITE OR AN APPLICATION.21
137	165		(b)
138		-	(c) For a claim brought pursuant to paragraph (a) of this
139		-	subsection (2) SUBSECTION (2)(a) OF THIS SECTION for a construction-related
140		-	accessibility violation, the violation must be considered a single incident
141		-	and not as separate violations for each day the construction-related
142		-	accessibility violation exists.
143		-	(c)
144		-	(d) (I) A small business defendant is entitled to a fifty percent
145		-	reduction in a statutory fine assessed pursuant to subparagraph (III) of
146		-	paragraph (a) of this subsection (2) SUBSECTION (2)(a)(III) OF THIS SECTION
147		-	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.
148		-	(II) For purposes of this paragraph (c)
149		-	SUBSECTION (2)(d), "small
150		-	business" means an employer with twenty-five or fewer employees and no
151		-	more than three million five hundred thousand dollars in annual gross
152		-	PAGE 4-SENATE BILL 23-244 income.
153		-	(III) Nothing in this paragraph (c) SUBSECTION (2)(d) may be
154		-	interpreted to result in a reduction in actual monetary damages awarded
155		-	pursuant to subparagraph (II) of paragraph (a) of this subsection (2)
156		-	SUBSECTION (2)(a)(II) OF THIS SECTION.
157		-	SECTION 4. In Colorado Revised Statutes, 24-37.5-106, amend
158		-	(4) as follows:
159		-	24-37.5-106. Chief information officer - duties and
160		-	responsibilities. (4) The chief information officer may promulgate as rules
161		-	pursuant to article 4 of this title 24, all of the policies, procedures,
162		-	standards, specifications, guidelines, or criteria that are developed or
	166	+	(c) For a claim brought pursuant to paragraph (a) of this22
	167	+	subsection (2) SUBSECTION (2)(a) OF THIS SECTION for a23
	168	+	construction-related accessibility violation, the violation must be24
	169	+	considered a single incident and not as separate violations for each day25
	170	+	the construction-related accessibility violation exists.26
	171	+	(c) (d) (I) A small business defendant is entitled to a fifty percent27
	172	+	244
	173	+	-5- reduction in a statutory fine assessed pursuant to subparagraph (III) of1
	174	+	paragraph (a) of this subsection (2) SUBSECTION (2)(a)(III) OF THIS2
	175	+	SECTION if it corrects the accessibility violation within thirty days after the3
	176	+	filing of the complaint. The fifty percent reduction in a statutory fine does4
	177	+	not apply, however, if the defendant knowingly or intentionally made or5
	178	+	caused to have made the access barrier that caused the accessibility6
	179	+	violation.7
	180	+	(II) For purposes of this paragraph (c) SUBSECTION (2)(d), "small8
	181	+	business" means an employer with twenty-five or fewer employees and9
	182	+	no more than three million five hundred thousand dollars in annual gross10
	183	+	income.11
	184	+	(III) Nothing in this paragraph (c) SUBSECTION (2)(d) may be12
	185	+	interpreted to result in a reduction in actual monetary damages awarded13
	186	+	pursuant to subparagraph (II) of paragraph (a) of this subsection (2)14
	187	+	SUBSECTION (2)(a)(II) OF THIS SECTION.15
	188	+	SECTION 4. In Colorado Revised Statutes, 24-37.5-106, amend16
	189	+	(4) as follows:17
	190	+	24-37.5-106. Chief information officer - duties and18
	191	+	responsibilities. (4) The chief information officer may promulgate as19
	192	+	rules pursuant to article 4 of this title 24, all of the policies, procedures,20
	193	+	standards, specifications, guidelines, or criteria that are developed or21
163	194		approved pursuant to section 24-37.5-105 (4)
164		-	AND TO ESTABLISH
165		-	ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY PURSUANT
166		-	TO SECTION
167		-	24-85-103.
168		-	SECTION 5. Safety clause. The general assembly hereby finds,
169		-	PAGE 5-SENATE BILL 23-244 determines, and declares that this act is necessary for the immediate
170		-	preservation of the public peace, health, or safety.
171		-	____________________________ ____________________________
172		-	Steve Fenberg Julie McCluskie
173		-	PRESIDENT OF SPEAKER OF THE HOUSE
174		-	THE SENATE OF REPRESENTATIVES
175		-	____________________________ ____________________________
176		-	Cindi L. Markwell Robin Jones
177		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
178		-	THE SENATE OF REPRESENTATIVES
179		-	APPROVED________________________________________
180		-	(Date and Time)
181		-	_________________________________________
182		-	Jared S. Polis
183		-	GOVERNOR OF THE STATE OF COLORADO
184		-	PAGE 6-SENATE BILL 23-244
	195	+	AND TO ESTABLISH22
	196	+	ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY23
	197	+	PURSUANT TO SECTION 24-85-103.24
	198	+	SECTION 5. Safety clause. The general assembly hereby finds,25
	199	+	determines, and declares that this act is necessary for the immediate26
	200	+	preservation of the public peace, health, or safety.27
	201	+	244
	202	+	-6-