HOUSE BILL 24-1368
BY REPRESENTATIVE(S) Lindsay and Velasco, Amabile, Bacon,
Boesenecker, Clifford, deGruy Kennedy, Duran, Epps, Froelich, Garcia,
Hamrick, Hernandez, Herod, Joseph, Kipp, Lieder, Lindstedt, Lukens,
Mabrey, Martinez, Marvin, Mauro, McCormick, Ricks, Rutinel, Story,
Titone, Vigil, Willford, Woodrow, Young, McCluskie;
also SENATOR(S) Gonzales, Bridges, Buckner, Cutter, Fields, Ginal,
Jaquez Lewis, Michaelson Jenet, Priola, Sullivan, Winter F., Fenberg.
C
ONCERNING THE CREATION OF THE LANGUAGE ACCESS ADVISORY BOARD ,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 20 to article
3 of title 2 as follows:
PART 20
LANGUAGE ACCESS ADVISORY BOARD
2-3-2001. Definitions. A
S USED IN THIS PART 20, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
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. (1) "ADVISORY BOARD" MEANS THE LANGUAGE ACCESS ADVISORY
BOARD CREATED IN SECTION
2-3-2002.
(2) "L
IMITED ENGLISH PROFICIENCY" MEANS A LEVEL OF ENGLISH
LANGUAGE PROFICIENCY THAT LIMITS ACCESS TO AND PARTICIPATION IN THE
LEGISLATIVE PROCESS
.
(3) "S
TUDY" MEANS THE STUDY ON LANGUAGE ACCESS TO THE
LEGISLATIVE PROCESS CONDUCTED PURSUANT TO THIS PART
20.
2-3-2002. Language access advisory board - creation -
membership - meetings. (1) N
OTWITHSTANDING SECTION 2-3-303.3,
THERE IS CREATED THE LANGUAGE ACCESS ADVISORY BOARD . THE PURPOSE
OF THE ADVISORY BOARD IS TO BRING TOGETHER THE APPROPRIATE
STAKEHOLDERS
, EXPERTS, AND IMPACTED GROUPS TO STUDY AND MAKE
RECOMMENDATIONS ON IMPROVING MEANINGFUL ACCESS TO THE
LEGISLATIVE PROCESS FOR POPULATIONS WITH LIMITED
ENGLISH
PROFICIENCY TO ENSURE EFFECTIVE COMMUNICATION AND EQUITABLE
PARTICIPATION
.
(2) (a) T
HE ADVISORY BOARD CONSISTS OF ELEVEN VOTING MEMBERS
AS FOLLOWS
:
(I) T
HREE MEMBERS OF THE HOUSE OF REPRESENTATIVES , WITH TWO
MEMBERS OF THE MAJORITY PARTY APPOINTED BY THE MAJORITY LEADER OF
THE HOUSE OF REPRESENTATIVES AND ONE MEMBER OF THE MINORITY PARTY
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
;
(II) T
WO MEMBERS OF THE SENATE , WITH ONE MEMBER OF THE
MAJORITY PARTY APPOINTED BY THE MAJORITY LEADER OF THE SENATE AND
ONE MEMBER OF THE MINORITY PARTY APPOINTED BY THE MINORITY LEADER
OF THE SENATE
;
(III) O
NE MEMBER REPRESENTING THE COLORADO LANGUAGE
ACCESS COALITION, APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF
REPRESENTATIVES
;
(IV) O
NE MEMBER REPRESENTING A LOCAL GOVERNMENT THAT HAS
IMPLEMENTED A LANGUAGE ACCESS PLAN OR HAS A LANGUAGE ACCESS
ADVISORY ENTITY
, APPOINTED BY THE MAJORITY LEADER OF THE SENATE ;
PAGE 2-HOUSE BILL 24-1368 (V) ONE MEMBER REPRESENTING PERSONS WITH DISABILITIES ,
APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES ;
(VI) O
NE MEMBER WHO WORKS IN TRANSLATION OR
INTERPRETATION SERVICES
, APPOINTED BY THE MAJORITY LEADER OF THE
SENATE
;
(VII) O
NE MEMBER WITH EXPERIENCE IN LANGUAGE ACCESS IN
RURAL COMMUNITIES
, APPOINTED BY THE MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES
; AND
(VIII) ONE MEMBER WITH EXPERTISE IN LANGUAGE ACCESS
RELATING TO ELECTIONS
, APPOINTED BY THE MINORITY LEADER OF THE
SENATE
.
(b) T
HE ADVISORY BOARD CONSISTS OF TWO NONVOTING MEMBERS
AS FOLLOWS
:
(I) T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL OR
THE DIRECTOR
'S DESIGNEE; AND
(II) THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES
OR THE DIRECTOR
'S DESIGNEE.
(3) (a) T
HE APPOINTING AUTHORITIES SHALL MAKE THE
APPOINTMENTS DESCRIBED IN SUBSECTION
(2) OF THIS SECTION NO LATER
THAN
JUNE 15, 2024.
(b) T
HE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT THE CHAIR OF THE ADVISORY BOARD
, AND THE MAJORITY
LEADER OF THE SENATE SHALL APPOINT THE VICE
-CHAIR OF THE ADVISORY
BOARD
.
(c) E
ACH MEMBER OF THE ADVISORY BOARD SERVES AT THE
PLEASURE OF THE APPOINTING AUTHORITY
. THE TERM OF APPOINTMENT IS
FOR THE DURATION OF THE ADVISORY BOARD
'S EXISTENCE.
(d) I
F A VACANCY OCCURS ON THE ADVISORY BOARD FOR ANY
REASON
, THE ORIGINAL APPOINTING AUTHORITY SHALL APPOINT AN
INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THE VACANT POSITION TO
PAGE 3-HOUSE BILL 24-1368 FILL THE VACANCY AS SOON AS POSSIBLE AFTER THE VACANCY OCCURS .
(4) (a) E
ACH LEGISLATIVE MEMBER OF THE ADVISORY BOARD IS
ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR
ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED IN SECTION
2-2-326.
(b) E
ACH NONLEGISLATIVE MEMBER OF THE ADVISORY BOARD
SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO RECEIVE
REIMBURSEMENT FOR ACTUAL AND NECESSARY TRAVEL EXPENSES INCURRED
IN THE PERFORMANCE OF THE MEMBER
'S DUTIES ON THE ADVISORY BOARD.
(5) M
EMBERS OF THE ADVISORY BOARD MAY PARTICIPATE
REMOTELY IN ADVISORY BOARD MEETINGS AND OTHER ACTIVITIES
.
(6) T
HE CHAIR AND VICE-CHAIR OF THE ADVISORY BOARD SHALL
CONVENE THE FIRST MEETING OF THE ADVISORY BOARD NO LATER THAN
JULY 31, 2024. THE ADVISORY BOARD SHALL MEET AT LEAST FOUR TIMES IN
2024 TO COMPLETE THE DUTIES SPECIFIED IN SECTION 2-3-2003. THE CHAIR
MAY CALL ADDITIONAL MEETINGS AS ARE NECESSARY FOR THE ADVISORY
BOARD TO COMPLETE ITS DUTIES
.
(7) T
HE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF
LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST THE
ADVISORY BOARD IN CARRYING OUT ITS DUTIES
.
2-3-2003. Language access advisory board - powers and duties
- report. (1) (a) T
HE PURPOSE OF THE ADVISORY BOARD IS TO STUDY AND
MAKE RECOMMENDATIONS FOR IMPROVING MEANINGFUL ACCESS TO THE
LEGISLATIVE PROCESS FOR POPULATIONS WITH LIMITED
ENGLISH
PROFICIENCY
.
(b) I
N COMPLETING THE STUDY REQUIRED BY THIS PART 20, THE
ADVISORY BOARD SHALL
, AT A MINIMUM:
(I) I
DENTIFY CURRENT LANGUAGE -RELATED BARRIERS TO THE
LEGISLATIVE PROCESS FOR STATE RESIDENTS WITH LIMITED
ENGLISH
PROFICIENCY
;
(II) E
XAMINE THE SUCCESS OF CURRENT LANGUAGE ACCESS
MEASURES RELATING TO THE LEGISLATIVE PROCESS
;
PAGE 4-HOUSE BILL 24-1368 (III) CONSIDER THE DEVELOPMENT OF A LANGUAGE ACCESS PLAN
COVERING THE GENERAL ASSEMBLY AND THE LEGISLATIVE PROCESS
;
(IV) E
VALUATE OPTIONS FOR ORAL INTERPRETATION AND WRITTEN
TRANSLATION OF LEGISLATIVE ACTIVITIES
, INCLUDING:
(A) T
HE INTERPRETATION OF COMMITTEE HEARINGS , PUBLIC
TESTIMONY
, AND FLOOR PROCEEDINGS;
(B) T
HE TRANSLATION OF WRITTEN PUBLICATIONS OF THE GENERAL
ASSEMBLY
, INCLUDING LEGISLATIVE DOCUMENTS AND MATERIALS , AND THE
GENERAL ASSEMBLY WEBSITE
;
(C) W
HETHER INTERPRETATION SHOULD BE SIMULTANEOUS OR
CONSECUTIVE
;
(D) W
HETHER TRANSLATION AND INTERPRETATION SERVICES
SHOULD BE PROVIDED BY LEGISLATIVE STAFF OR A THIRD PARTY
; AND
(E) NECESSARY QUALIFICATIONS OR OTHER REQUIREMENTS FOR
INDIVIDUALS PROVIDING TRANSLATION OR INTERPRETATION SERVICES
; AND
(V) ASSESS LANGUAGE ACCESS CONCERNING THE BALLOT
INFORMATION BOOKLET
, REQUIRED PURSUANT TO SECTION 1-40-124.5 AND
SECTION
1 OF ARTICLE V OF THE STATE CONSTITUTION, INCLUDING:
(A) S
OLUTIONS TO MAKE THE BALLOT INFORMATION BOOKLET MORE
ACCESSIBLE TO STATE RESIDENTS WITH LIMITED
ENGLISH PROFICIENCY;
(B) M
ETHODS FOR DETERMINING THE LANGUAGES INTO WHICH THE
BALLOT INFORMATION BOOKLET IS TRANSLATED
;
(C) M
ETHODS OF DISTRIBUTION TO BEST SERVE COMMUNITIES OF
STATE RESIDENTS WITH LIMITED
ENGLISH PROFICIENCY;
(D) M
ONETARY AND PUBLICATION -RELATED CONSTRAINTS; AND
(E) THE IMPACT OF FEDERAL AND STATE CONSTITUTI ONAL
REQUIREMENTS
.
PAGE 5-HOUSE BILL 24-1368 (c) IN COMPLETING THE STUDY, THE ADVISORY BOARD:
(I) S
HALL CONDUCT AT LEAST ONE PUBLIC COMMENT SESSION FOR
THE PUBLIC TO PROVIDE INPUT REGARDING LANGUAGE ACCESS TO THE
LEGISLATIVE PROCESS
;
(II) M
AY CONDUCT ADDITIONAL PUBLIC COMMENT SESSIONS OR
ENGAGE WITH THE COMMUNITY THR OUGH INTERVIEWS AND OTHER METHODS
DESIGNED TO GARNER PUBLIC INPUT AND COMMENT
; AND
(III) SHALL ALLOW SUBJECT MATTER EXPERTS TO PARTICIPATE IN
ADVISORY BOARD DISCUSSIONS UPON INVITATION FROM THE ADVISORY
BOARD AND
, AT A MINIMUM, SHALL SOLICIT INPUT FROM:
(A) T
HE SECRETARY OF STATE OR THE SECRETARY OF STATE 'S
DESIGNEE
;
(B) A
REPRESENTATIVE OF THE SOUTHERN UTE INDIAN TRIBE;
(C) A
REPRESENTATIVE OF THE UTE MOUNTAIN UTE TRIBE; AND
(D) A REPRESENTATIVE FOR COUNTY CLERKS OF THE STATE .
(2) O
N OR BEFORE DECEMBER 15, 2024, THE ADVISORY BOARD
SHALL SUBMIT A REPORT TO THE EXECUTIVE COMMITTEE OF THE
LEGISLATIVE COUNCIL THAT INCLUDES A SUMMARY OF THE WORK
ACCOMPLISHED BY THE ADVISORY BOARD
, THE FINDINGS OF THE STUDY, AND
ANY LEGISLATIVE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
CONCERNING MATTERS STUDIED BY THE ADVISORY BOARD
.
2-3-2004. Repeal of part. T
HIS PART 20 IS REPEALED, EFFECTIVE
JANUARY 1, 2025.
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
$29,741 is appropriated to the legislative department. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $22,047 for use by the legislative council, which amount is based
on an assumption that the council will require an additional 0.3 FTE; and
PAGE 6-HOUSE BILL 24-1368 (b) $7,694 for use by the general assembly.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 24-1368