Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0541.01 Nicole Myers x4326 HOUSE BILL 24-1168 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING EQUAL ACCESS TO PUBLIC MEETINGS .101 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) to ensure that the following accessibility requirements are implemented by July 1, 2025: ! 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 HOUSE SPONSORSHIP Froelich and Rutinel, SENATE SPONSORSHIP Hinrichsen, 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. recorded and accessible to individuals with disabilities; ! A public body is required to post on its website, at least 24 hours before a meeting, any documents that will be distributed during the meeting; ! For any meeting of a public body during which public testimony will be heard, the public body is required to allow any individual 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; and ! A public body is required to provide any auxiliary aids or services requested in time for the meeting for which they were requested. A public body may require that a request for auxiliary aids 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. Nothing in the bill prohibits a public body from promulgating rules for the administration of public testimony so long as the rules apply to both in-person and remote testimony, and nothing in the bill requires a public body to provide hardware or software or internet or phone access at an individual's home. The failure of any public body to comply with the applicable requirements of the bill constitutes discrimination on the basis of disability. Any individual 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 federal "Americans with Disabilities Act of 1990" has4 been law for over three decades;5 (b) The federal "Americans with Disabilities Act of 1990"6 mandates equal access to everyday activities for individuals with7 disabilities;8 (c) Many places of public business continue to be inaccessible to9 individuals with disabilities; and10 HB24-1168-2- (d) It is the right of every individual to participate in public1 discourse and it is imperative to a healthy and functional democracy that2 all citizens have access to their government.3 (2) The general assembly further finds and declares that it is4 necessary to codify the right to accessible and transparent governance to5 protect access and promote greater equity.6 SECTION 2. In Colorado Revised Statutes, add part 17 to article7 1 of title 29 as follows:8 PART 179 ACCESSIBILITY OF LOCAL GOVERNMENT10 29-1-1701. Local public bodies - meetings - accessibility -11 definitions. (1) A S USED IN THIS PART 17, UNLESS THE CONTEXT12 OTHERWISE REQUIRES:13 (a) "A UXILIARY AIDS OR SERVICES" MEANS AN AID OR SERVICE14 THAT IS USED TO PROVIDE INFORMATION TO AN INDIVIDUAL WITH A15 COGNITIVE, DEVELOPMENTAL , INTELLECTUAL, NEUROLOGICAL, OR16 PHYSICAL DISABILITY, AND IS AVAILABLE IN A FORMAT OR MANNER THAT17 ALLOWS THE INDIVIDUAL TO BETTER UNDERSTAND THE INFORMATION .18 (b) (I) "L OCAL PUBLIC BODY" MEANS ANY BOARD, COMMITTEE,19 COMMISSION, AUTHORITY, OR OTHER ADVISORY , POLICY-MAKING,20 RULE-MAKING, OR FORMALLY CONSTITUTED BODY OF ANY POLITICAL21 SUBDIVISION OF THE STATE AND ANY PUBLIC OR PRIVATE ENTITY TO WHICH22 A POLITICAL SUBDIVISION, OR AN OFFICIAL THEREOF, HAS DELEGATED A23 GOVERNMENTAL DECISION -MAKING FUNCTION BUT DOES NOT INCLUDE24 INDIVIDUALS ON THE ADMINISTRATIVE STAFF OF THE LOCAL PUBLIC BODY .25 (II) N OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(b)(I)26 OF THIS SECTION, TO ASSURE SCHOOL BOARD TRANSPARENCY , "LOCAL27 HB24-1168 -3- PUBLIC BODY" INCLUDES MEMBERS OF A BOARD OF EDUCATION , SCHOOL1 ADMINISTRATION PERSONNEL , OR A COMBINATION THEREOF WHO ARE2 INVOLVED IN A MEETING WITH A REPRESENTATIVE OF EMPLOYEES AT3 WHICH A COLLECTIVE BARGAINING AGREEMENT IS DISCUSSED .4 (III) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(b)(I)5 OF THIS SECTION, "LOCAL PUBLIC BODY" INCLUDES THE GOVERNING BOARD6 OF AN INSTITUTE CHARTER SCHOOL THAT IS AUTHORIZED PURSUANT TO7 PART 5 OF ARTICLE 30.5 OF TITLE 22.8 (c) "P UBLIC MEETING" MEANS ANY MEETING HELD BY A LOCAL9 PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION10 MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE11 GOVERNING BODY OF A LOCAL PUBLIC BODY MAY BE DISCUSSED .12 (2) E ACH LOCAL PUBLIC BODY SHALL ENSURE THAT THE13 ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS PART 17 ARE14 IMPLEMENTED BY JULY 1, 2025, TO ENSURE THE FULL AND EQUAL15 ENJOYMENT OF THE LOCAL PUBLIC BODY BY INDIVIDUALS IN PROTECTED16 CLASSES, INCLUDING INDIVIDUALS WITH DISABILITIES, AS REQUIRED BY17 SECTIONS 24-34-601 AND 24-34-802.18 (3) (a) A NY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME19 BY LIVE STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE20 TO INDIVIDUALS WITH DISABILITIES.21 (b) A LOCAL PUBLIC BODY MUST POST ON ITS WEBSITE ANY22 DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC23 MEETING. A LOCAL PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST24 TWENTY-FOUR HOURS BEFORE THE PUBLIC MEETING OR , IF POSTING THE25 DOCUMENTS TWENTY -FOUR HOURS BEFORE THE PUBLIC MEETING IS NOT26 POSSIBLE, AS SOON AS PRACTICABLE BEFORE THE PUBLIC MEETING ; EXCEPT27 HB24-1168 -4- THAT, IF THE DOCUMENTS ARE CONFIDENTIAL OR PRIVILEGED , NOT1 AVAILABLE TO THE PUBLIC UNTIL DISTRIBUTED OR DISCUSSED , OR NOT IN2 THE LOCAL PUBLIC BODY'S POSSESSION BEFORE THE MEETING , A LOCAL3 PUBLIC BODY MUST POST THE DOCUMENTS IN REAL TIME DURING THE4 PUBLIC MEETING. ANY DOCUMENTS THAT A LOCAL PUBLIC BODY POSTS5 PURSUANT TO THIS SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING6 DOCUMENT AND INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN7 AVAILABLE TO THE PUBLIC ON THE LOCAL PUBLIC BODY 'S WEBSITE FOR8 ON-DEMAND USE IN THE SAME MANNER IN WHICH THE LOCAL PUBLIC BODY9 MAKES THE WRITTEN RECORD OF THE MEETING AVAILABLE TO THE PUBLIC .10 (c) A LOCAL PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE11 VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE12 PUBLIC FOR ON-DEMAND USE.13 (4) (a) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF14 THIS SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE LOCAL15 PUBLIC BODY WILL HEAR PUBLIC TESTIMONY , THE LOCAL PUBLIC BODY16 MUST ALLOW ANY INDIVIDUAL TO PARTICIPATE IN THE PUBLIC MEETING17 AND OFFER PUBLIC TESTIMONY BY USING A VIDEO CONFERENCING18 PLATFORM. THE LOCAL 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 PUBLIC23 MEETING IN PERSON. IT IS IN A LOCAL PUBLIC BODY'S DISCRETION TO24 DETERMINE WHICH VIDEO CONFERENCING PLATFORM WILL BE USED FOR25 SUCH PARTICIPATION SO LONG AS THE PLATFORM IS ACCESSIBLE TO26 INDIVIDUALS WITH DISABILITIES.27 HB24-1168 -5- (b) NOTHING IN THIS PART 17 PROHIBITS A LOCAL PUBLIC BODY1 FROM PROMULGATING RULES FOR THE ADMINISTRATION OF PUBLIC2 TESTIMONY SO LONG AS THE RULES APPLY TO BOTH IN -PERSON AND3 REMOTE TESTIMONY.4 (c) T HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO5 NOT APPLY WHEN A PUBLIC MEETING OCCURS IN A GEOGRAPHIC LOCATION6 THAT IS IN AN UNSERVED AREA OF THE STATE , AS DEFINED IN SECTION7 40-15-102 (32).8 (d) A LOCAL PUBLIC BODY THAT IS EXEMPT FROM THE9 REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN10 ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A11 TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC12 MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO13 INDIVIDUALS WITH DISABILITIES.14 (5) (a) A LOCAL PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR15 AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING OF THE16 LOCAL PUBLIC BODY WITH THE USE OF THE VIDEO CONFERENCING17 PLATFORM SELECTED BY THE LOCAL PUBLIC BODY PURSUANT TO18 SUBSECTION (4)(a) OF THIS SECTION BE MADE UP TO SEVEN DAYS BEFORE19 THE DATE OF THE PUBLIC MEETING FOR WHICH THE AUXILIARY AIDS OR20 SERVICES ARE REQUESTED.21 (b) A LOCAL PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS22 OR SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS23 SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY24 AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING25 AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS OR SERVICES .26 (c) N OTHING IN THIS PART 17 REQUIRES A LOCAL PUBLIC BODY TO27 HB24-1168 -6- PROVIDE HARDWARE OR SOFTWARE OR INTERNET OR PHONE ACCESS AT AN1 INDIVIDUAL'S HOME.2 (6) N OTHING IN THIS PART 17 SUPERSEDES OR NEGATES THE3 REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF4 TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE5 72 OF TITLE 24.6 (7) T HE FAILURE OF ANY LOCAL PUBLIC BODY TO COMPLY WITH7 THE REQUIREMENTS OF THIS PART 17 CONSTITUTES DISCRIMINATION ON8 THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY9 INDIVIDUAL WHO IS SUBJECTED TO A VIOLATION OF THIS PART 17 IS10 ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.11 SECTION 3. In Colorado Revised Statutes, add part 14 to article12 82 of title 24 as follows:13 PART 1414 ACCESSIBILITY OF STATE GOVERNMENT15 24-82-1401. State public bodies - meetings - accessibility -16 definitions. (1) A S USED IN THIS PART 14, UNLESS THE CONTEXT17 OTHERWISE REQUIRES:18 (a) "A UXILIARY AIDS OR SERVICES" MEANS AN AID OR SERVICE19 THAT IS USED TO PROVIDE INFORMATION TO AN INDIVIDUAL WITH A20 COGNITIVE, DEVELOPMENTAL , INTELLECTUAL, NEUROLOGICAL, OR21 PHYSICAL DISABILITY, AND IS AVAILABLE IN A FORMAT OR MANNER THAT22 ALLOWS THE INDIVIDUAL TO BETTER UNDERSTAND THE INFORMATION .23 (b) "P UBLIC MEETING" MEANS ANY MEETING HELD BY A STATE24 PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED , FORMAL ACTION25 MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE26 GOVERNING BODY OF A STATE PUBLIC BODY MAY BE DISCUSSED .27 HB24-1168 -7- (c) (I) "STATE PUBLIC BODY" MEANS ANY BOARD, COMMITTEE,1 COMMISSION, OR OTHER ADVISORY , POLICY-MAKING, RULE-MAKING,2 DECISION-MAKING, OR FORMALLY CONSTITUTED BODY OF ANY STATE3 AGENCY, STATE AUTHORITY, GOVERNING BOARD OF A STATE INSTITUTION4 OF HIGHER EDUCATION INCLUDING THE REGENTS OF THE UNIVERSITY OF5 C OLORADO, A NONPROFIT CORPORATION INCORPORATED PURSUANT TO6 SECTION 23-5-121 (2), OR THE GENERAL ASSEMBLY, AND ANY PUBLIC OR7 PRIVATE ENTITY TO WHICH THE STATE , OR AN OFFICIAL THEREOF, HAS8 DELEGATED A GOVERNMENTAL DECISION -MAKING FUNCTION BUT DOES9 NOT INCLUDE INDIVIDUALS ON THE ADMINISTRATIVE STAFF OF THE STATE10 PUBLIC BODY.11 (II) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(c)(I)12 OF THIS SECTION, "STATE PUBLIC BODY" DOES NOT INCLUDE THE13 GOVERNING BOARD OF AN INSTITUTE CHARTER SCHOOL THAT IS14 AUTHORIZED PURSUANT TO PART 5 OF ARTICLE 30.5 OF TITLE 22.15 (2) E ACH STATE PUBLIC BODY SHALL ENSURE THAT THE16 ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS PART 14 ARE17 IMPLEMENTED BY JULY 1, 2025, TO ENSURE THE FULL AND EQUAL18 ENJOYMENT OF THE STATE PUBLIC BODY BY INDIVIDUALS IN PROTECTED19 CLASSES, INCLUDING INDIVIDUALS WITH DISABILITIES, AS REQUIRED BY20 SECTIONS 24-34-601 AND 24-34-802.21 (3) (a) A NY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME22 BY LIVE STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE23 TO INDIVIDUALS WITH DISABILITIES.24 (b) A STATE PUBLIC BODY MUST POST ON ITS WEBSITE ANY25 DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC26 MEETING. A STATE PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST27 HB24-1168 -8- TWENTY-FOUR HOURS BEFORE THE PUBLIC MEETING OR , IF POSTING THE1 DOCUMENTS TWENTY -FOUR HOURS BEFORE THE MEETING IS NOT POSSIBLE,2 AS SOON AS PRACTICABLE BEFORE THE MEETING ; EXCEPT THAT IF THE3 DOCUMENTS ARE CONFIDENTIAL OR PRIVILEGED , NOT AVAILABLE TO THE4 PUBLIC UNTIL DISTRIBUTED OR DISCUSSED, OR NOT IN THE STATE PUBLIC5 BODY'S POSSESSION BEFORE THE MEETING, THE STATE PUBLIC BODY MUST6 POST THE DOCUMENTS IN REAL TIME DURING THE PUBLIC MEETING . ANY7 DOCUMENTS THAT A STATE PUBLIC BODY POSTS PURSUANT TO THIS8 SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING DOCUMENT AND9 INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN AVAILABLE TO10 THE PUBLIC ON THE STATE PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE11 IN THE SAME MANNER IN WHICH THE LOCAL STATE BODY MAKES THE12 WRITTEN RECORD OF THE PUBLIC MEETING AVAILABLE TO THE PUBLIC .13 (c) A STATE PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE14 VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE15 PUBLIC FOR ON-DEMAND USE.16 (4) (a) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF17 THIS SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE STATE PUBLIC18 BODY WILL HEAR PUBLIC TESTIMONY , THE STATE PUBLIC BODY MUST19 ALLOW ANY INDIVIDUAL TO PARTICIPATE IN THE PUBLIC MEETING AND20 OFFER PUBLIC TESTIMONY WITH THE USE OF A VIDEO CONFERENCING21 PLATFORM. THE STATE PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL22 SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE23 IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY24 USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND25 UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE MEETING IN26 PERSON. IT IS IN A STATE PUBLIC BODY'S DISCRETION TO DETERMINE WHICH27 HB24-1168 -9- VIDEO CONFERENCING PLATFORM WILL BE USED FOR SUCH PARTICIPATION1 SO LONG AS THE PLATFORM IS ACCESSIBLE TO INDIVIDUALS WITH2 DISABILITIES.3 (b) N OTHING IN THIS PART 14 PROHIBITS A STATE PUBLIC BODY4 FROM PROMULGATING RULES FOR THE ADMINISTRATION OF PUBLIC5 TESTIMONY SO LONG AS THE RULES APPLY TO BOTH IN -PERSON AND6 REMOTE TESTIMONY.7 (c) T HE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO8 NOT APPLY WHEN A PUBLIC MEETING OF A STATE PUBLIC BODY OCCURS IN9 A GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE ,10 AS DEFINED IN SECTION 40-15-102 (32).11 (d) A STATE PUBLIC BODY THAT IS EXEMPT FROM THE12 REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN13 ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM , SUCH AS A14 TELEPHONE CONFERENCE CALL , TO ALLOW PARTICIPATION IN A PUBLIC15 MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO16 INDIVIDUALS WITH DISABILITIES.17 (5) (a) A STATE PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR18 AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING WITH THE USE19 OF THE VIDEO CONFERENCING PLATFORM SELECTED BY THE STATE PUBLIC20 BODY PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, BE MADE UP TO21 SEVEN DAYS BEFORE THE DATE OF THE PUBLIC MEETING FOR WHICH THE22 AIDS OR SERVICES ARE REQUESTED.23 (b) A STATE PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS OR24 SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS25 SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY26 AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING27 HB24-1168 -10- AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND SERVICES .1 (c) N OTHING IN THIS PART 14 REQUIRES A STATE PUBLIC BODY TO2 PROVIDE HARDWARE OR SOFTWARE OR INTERNET OR PHONE ACCESS AT AN3 INDIVIDUAL'S HOME.4 (6) N OTHING IN THIS PART 14 SUPERSEDES OR NEGATES THE5 REQUIREMENTS OF THE OPEN MEETINGS LAW , PART 4 OF ARTICLE 6 OF THIS6 TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", PART TWO OF7 ARTICLE 72 OF THIS TITLE 24.8 (7) T HE FAILURE OF ANY STATE PUBLIC BODY TO COMPLY WITH9 THE REQUIREMENTS OF THIS PART 14 CONSTITUTES DISCRIMINATION ON10 THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY11 INDIVIDUAL WHO IS SUBJECTED TO A VIOLATION OF THIS PART 14 IS12 ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.13 SECTION 4. Act subject to petition - effective date. This act14 takes effect at 12:01 a.m. on the day following the expiration of the15 ninety-day period after final adjournment of the general assembly; except16 that, if a referendum petition is filed pursuant to section 1 (3) of article V17 of the state constitution against this act or an item, section, or part of this18 act within such period, then the act, item, section, or part will not take19 effect unless approved by the people at the general election to be held in20 November 2024 and, in such case, will take effect on the date of the21 official declaration of the vote thereon by the governor.22 HB24-1168 -11-