Colorado 2024 2024 Regular Session

Colorado House Bill HB1368 Introduced / Bill

Filed 03/11/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-1002.01 Rebecca Bayetti x4348
HOUSE BILL 24-1368
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE LANGUAGE ACCESS ADVISORY101
BOARD.102
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 creates the language access advisory board (advisory
board). The advisory board consists of 13 members, including 11 voting
and 2 nonvoting members. Each voting member of the advisory board is
appointed, as specified in the bill, by either the majority leader or
minority leader of either the house of representatives or the senate, and
the voting members are:
HOUSE SPONSORSHIP
Lindsay and Velasco,
SENATE SPONSORSHIP
(None),
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. ! 3 members of the house of representatives;
! 2 members of the senate;
! One member representing the Colorado Language Access
Coalition;
! One member representing a local government that has
implemented a language access plan or has a language
access advisory entity;
! One member representing persons with disabilities;
! One member who works in translation or interpretation
services;
! One member with experience in language access in rural
communities; and
! One member with expertise in language access relating to
elections.
The nonvoting members of the advisory board are:
! The director of research of the legislative council or the
director's designee; and
! The director of the office of legislative legal services or the
director's designee.
The purpose of the advisory board is to assess and develop
recommendations for improving meaningful access to the legislative
process for populations with limited English proficiency. In performing
this assessment, the advisory board must solicit public comment and input
from subject matter experts. The advisory board must:
! Identify current language-related barriers to the legislative
process for state residents with limited English proficiency;
! Examine the success of current language access measures
relating to the legislative process;
! Consider the development of a language access plan
covering the general assembly and the legislative process;
! Evaluate options for oral interpretation and written
translation of legislative activities, including:
! The interpretation of committee hearings, public
testimony, and floor proceedings;
! The translation of written publications of the
general assembly, including legislative documents
and materials, and the general assembly website;
! Whether interpretation should be simultaneous or
consecutive;
! Whether translation and interpretation services
should be provided by legislative staff or a third
party; and
! Necessary qualifications or other requirements for
individuals providing translation or interpretation
services; and
HB24-1368
-2- ! Assess language access concerning the ballot information
booklet, including:
! Solutions to make the ballot information booklet
more accessible to state residents with limited
English proficiency;
! Methods for determining the languages into which
the ballot information booklet is translated;
! Methods of distribution to best serve communities
of state residents with limited English proficiency;
! Monetary and publication-related constraints; and
! The impact of federal and state constitutional
requirements.
In addition, the advisory board must:
! Be appointed on or before June 15, 2024;
! Hold its first meeting on or before July 31, 2024; and
! Submit the report of its findings and recommendations to
the executive committee of the legislative council on or
before December 15, 2024.
The advisory board is repealed on January 1, 2025.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 20 to article2
3 of title 2 as follows:3
PART 204
LANGUAGE ACCESS ADVISORY BOARD5
2-3-2001.  Definitions. A
S USED IN THIS PART 20, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1)  "A
DVISORY BOARD" MEANS THE LANGUAGE ACCESS ADVISORY8
BOARD CREATED IN SECTION 2-3-2002.9
(2)  "L
IMITED ENGLISH PROFICIENCY" MEANS A LEVEL OF ENGLISH10
LANGUAGE PROFICIENCY THAT LIMITS ACCESS TO AND PARTICIPATION IN11
THE LEGISLATIVE PROCESS.12
(3)  "S
TUDY" MEANS THE STUDY ON LANGUAGE ACCESS TO THE13
LEGISLATIVE PROCESS CONDUCTED PURSUANT TO THIS PART 20.14
HB24-1368-3- 2-3-2002.  Language access advisory board - creation -1
membership - meetings. (1)  N
OTWITHSTANDING SECTION 2-3-303.3,2
THERE IS CREATED THE LANGUAGE ACCESS ADVISORY BOARD . THE3
PURPOSE OF THE ADVISORY BOARD IS TO BRING TOGETHER THE4
APPROPRIATE STAKEHOLDERS, EXPERTS, AND IMPACTED GROUPS TO STUDY5
AND MAKE RECOMMENDATIONS ON IMPROVING MEANINGFUL ACCESS TO6
THE LEGISLATIVE PROCESS FOR POPULATIONS WITH LIMITED ENGLISH7
PROFICIENCY TO ENSURE EFFECTIVE COMMUNICATION AND EQUITABLE8
PARTICIPATION.9
(2) (a)  T
HE ADVISORY BOARD CONSISTS OF ELEVEN VOTING10
MEMBERS AS FOLLOWS:11
(I)  T
HREE MEMBERS OF THE HOUSE OF REPRESENTATIVES , WITH12
TWO MEMBERS OF THE MAJORITY PARTY APPOINTED BY THE MAJORITY13
LEADER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER OF THE14
MINORITY PARTY APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF15
REPRESENTATIVES;16
(II)  T
WO MEMBERS OF THE SENATE , WITH ONE MEMBER OF THE17
MAJORITY PARTY APPOINTED BY THE MAJORITY LEADER OF THE SENATE18
AND ONE MEMBER OF THE MINORITY PARTY APPOINTED BY THE MINORITY19
LEADER OF THE SENATE;20
(III)  O
NE MEMBER REPRESENTING THE COLORADO LANGUAGE21
A
CCESS COALITION, APPOINTED BY THE MAJORITY LEADER OF THE HOUSE22
OF REPRESENTATIVES;23
(IV)  O
NE MEMBER REPRESENTING A LOCAL GOVERNMENT THAT24
HAS IMPLEMENTED A LANGUAGE ACCESS PLAN OR HAS A LANGUAGE25
ACCESS ADVISORY ENTITY, APPOINTED BY THE MAJORITY LEADER OF THE26
SENATE;27
HB24-1368
-4- (V)  ONE MEMBER REPRESENTING PERSONS WITH DISABILITIES ,1
APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF2
REPRESENTATIVES;3
(VI)  O
NE MEMBER WHO WORKS IN TRANSLATION OR4
INTERPRETATION SERVICES, APPOINTED BY THE MAJORITY LEADER OF THE5
SENATE;6
(VII)  O
NE MEMBER WITH EXPERIENCE IN LANGUAGE ACCESS IN7
RURAL COMMUNITIES, APPOINTED BY THE MINORITY LEADER OF THE8
HOUSE OF REPRESENTATIVES; AND9
(VIII)  O
NE MEMBER WITH EXPERTISE IN LANGUAGE ACCESS10
RELATING TO ELECTIONS, APPOINTED BY THE MINORITY LEADER OF THE11
SENATE.12
(b)  T
HE ADVISORY BOARD CONSISTS OF TWO NONVOTING MEMBERS13
AS FOLLOWS:14
(I)  T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL OR15
THE DIRECTOR'S DESIGNEE; AND16
(II)  T
HE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES17
OR THE DIRECTOR'S DESIGNEE.18
(3) (a)  T
HE APPOINTING AUTHORITIES SHALL MAKE THE19
APPOINTMENTS DESCRIBED IN SUBSECTION (2) OF THIS SECTION NO LATER20
THAN JUNE 15, 2024.21
(b)  T
HE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES22
SHALL APPOINT THE CHAIR OF THE ADVISORY BOARD , AND THE MAJORITY23
LEADER OF THE SENATE SHALL APPOINT THE VICE-CHAIR OF THE ADVISORY24
BOARD.25
(c)  E
ACH MEMBER OF THE ADVISORY BOARD SERVES AT THE26
PLEASURE OF THE APPOINTING AUTHORITY . THE TERM OF APPOINTMENT IS27
HB24-1368
-5- FOR THE DURATION OF THE ADVISORY BOARD 'S EXISTENCE.1
(d)  I
F A VACANCY OCCURS ON THE ADVISORY BOARD FOR ANY2
REASON, THE ORIGINAL APPOINTING AUTHORITY SHALL APPOINT AN3
INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THE VACANT POSITION TO4
FILL THE VACANCY AS SOON AS POSSIBLE AFTER THE VACANCY OCCURS .5
(4) (a)  E
ACH LEGISLATIVE MEMBER OF THE ADVISORY BOARD IS6
ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR7
ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED IN SECTION 2-2-326.8
(b)  E
ACH NONLEGISLATIVE MEMBER OF THE ADVISORY BOARD9
SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO RECEIVE10
REIMBURSEMENT FOR ACTUAL AND NECESSARY TRAVEL EXPENSES11
INCURRED IN THE PERFORMANCE OF THE MEMBER 'S DUTIES ON THE12
ADVISORY BOARD.13
(5)  M
EMBERS OF THE ADVISORY BOARD MAY PARTICIPATE14
REMOTELY IN ADVISORY BOARD MEETINGS AND OTHER ACTIVITIES .15
(6)  T
HE CHAIR AND VICE-CHAIR OF THE ADVISORY BOARD SHALL16
CONVENE THE FIRST MEETING OF THE ADVISORY BOARD NO LATER THAN17
J
ULY 31, 2024. THE ADVISORY BOARD SHALL MEET AT LEAST FOUR TIMES18
IN 2024 TO COMPLETE THE DUTIES SPECIFIED IN SECTION 2-3-2003. THE19
CHAIR MAY CALL ADDITIONAL MEETINGS AS ARE NECESSARY FOR THE20
ADVISORY BOARD TO COMPLETE ITS DUTIES .21
(7)  T
HE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF22
LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST THE23
ADVISORY BOARD IN CARRYING OUT ITS DUTIES .24
2-3-2003.  Language access advisory board - powers and duties25
- report. (1) (a)  T
HE PURPOSE OF THE ADVISORY BOARD IS TO STUDY AND26
MAKE RECOMMENDATIONS FOR IMPROVING MEANINGFUL ACCESS TO THE27
HB24-1368
-6- LEGISLATIVE PROCESS FOR POPULATIONS WITH LIMITED ENGLISH1
PROFICIENCY.2
(b)  I
N COMPLETING THE STUDY REQUIRED BY THIS PART 20, THE3
ADVISORY BOARD SHALL, AT A MINIMUM:4
(I)  I
DENTIFY CURRENT LANGUAGE -RELATED BARRIERS TO THE5
LEGISLATIVE PROCESS FOR STATE RESIDENTS WITH LIMITED ENGLISH6
PROFICIENCY;7
(II)  E
XAMINE THE SUCCESS OF CURRENT LANGUAGE ACCESS8
MEASURES RELATING TO THE LEGISLATIVE PROCESS ;9
(III)  C
ONSIDER THE DEVELOPMENT OF A LANGUAGE ACCESS PLAN10
COVERING THE GENERAL ASSEMBLY AND THE LEGISLATIVE PROCESS ;11
(IV)  E
VALUATE OPTIONS FOR ORAL INTERPRETATION AND WRITTEN12
TRANSLATION OF LEGISLATIVE ACTIVITIES, INCLUDING:13
(A)  T
HE INTERPRETATION OF COMMITTEE HEARINGS , PUBLIC14
TESTIMONY, AND FLOOR PROCEEDINGS;15
(B)  T
HE TRANSLATION OF WRITTEN PUBLICATIONS OF THE16
GENERAL ASSEMBLY , INCLUDING LEGISLATIVE DOCUMENTS AND17
MATERIALS, AND THE GENERAL ASSEMBLY WEBSITE ;18
(C)  W
HETHER INTERPRETATION SHOULD BE SIMULTANEOUS OR19
CONSECUTIVE;20
(D)  W
HETHER TRANSLATION AND INTERPRETATION SERVICES21
SHOULD BE PROVIDED BY LEGISLATIVE STAFF OR A THIRD PARTY ; AND22
(E)  N
ECESSARY QUALIFICATIONS OR OTHER REQUIREMENTS FOR23
INDIVIDUALS PROVIDING TRANSLATION OR INTERPRETATION SERVICES ;24
AND25
(V)  A
SSESS LANGUAGE ACCESS CONCERNING THE BALLOT26
INFORMATION BOOKLET, REQUIRED PURSUANT TO SECTION 1-40-124.5 AND27
HB24-1368
-7- SECTION 1 OF ARTICLE V OF THE STATE CONSTITUTION, INCLUDING:1
(A)  S
OLUTIONS TO MAKE THE BALLOT INFORMATION BOOKLET2
MORE ACCESSIBLE TO STATE RESIDENTS WITH LIMITED ENGLISH3
PROFICIENCY;4
(B)  M
ETHODS FOR DETERMINING THE LANGUAGES INTO WHICH THE5
BALLOT INFORMATION BOOKLET IS TRANSLATED ;6
(C)  M
ETHODS OF DISTRIBUTION TO BEST SERVE COMMUNITIES OF7
STATE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY;8
(D)  M
ONETARY AND PUBLICATION -RELATED CONSTRAINTS; AND9
(E)  T
HE IMPACT OF FEDERAL AND STATE CONSTITUTIONAL10
REQUIREMENTS.11
(c)  I
N COMPLETING THE STUDY, THE ADVISORY BOARD:12
(I)  S
HALL CONDUCT AT LEAST ONE PUBLIC COMMENT SESSION FOR13
THE PUBLIC TO PROVIDE INPUT REGARDING LANGUAGE ACCESS TO THE14
LEGISLATIVE PROCESS;15
(II)  M
AY CONDUCT ADDITIONAL PUBLIC COMMENT SESSIONS OR16
ENGAGE WITH THE COMMUNITY THROUGH INTERVIEWS AND OTHER17
METHODS DESIGNED TO GARNER PUBLIC INPUT AND COMMENT ; AND18
(III)  S
HALL ALLOW SUBJECT MATTER EXPERTS TO PARTICIPATE IN19
ADVISORY BOARD DISCUSSIONS UPON INVITATION FROM THE ADVISORY20
BOARD AND, AT A MINIMUM, SHALL SOLICIT INPUT FROM:21
(A)  T
HE SECRETARY OF STATE OR THE SECRETARY OF STATE 'S22
DESIGNEE;23
(B)  A
 REPRESENTATIVE OF THE UTE MOUNTAIN UTE TRIBE; AND 24
(C)  A
 REPRESENTATIVE FOR COUNTY CLERKS OF THE STATE .25
(2)  O
N OR BEFORE DECEMBER 15, 2024, THE ADVISORY BOARD26
SHALL SUBMIT A REPORT TO THE EXECUTIVE COMMITTEE OF THE27
HB24-1368
-8- LEGISLATIVE COUNCIL THAT INCLUDES A SUMMARY OF THE WORK1
ACCOMPLISHED BY THE ADVISORY BOARD , THE FINDINGS OF THE STUDY,2
AND ANY LEGISLATIVE RECOMMENDATIONS TO THE GENERAL ASSEMBLY3
CONCERNING MATTERS STUDIED BY THE ADVISORY BOARD .4
2-3-2004.  Repeal of part. T
HIS PART 20 IS REPEALED, EFFECTIVE5
J
ANUARY 1, 2025.6
SECTION 2. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
HB24-1368
-9-