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-