Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-1163.01 Jerry Barry x4341
HOUSE BILL 24-1454
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING A ONE-YEAR EXTENSION OF THE DEADLINE FOR PUBLIC101
AGENCIES TO COMPLY WITH DIGITAL ACCESSIBILITY STANDARDS102
IF THE PUBLIC AGENCY DEMONSTRATES A GOOD FAITH EFFORT103
TOWARD COMPLIANCE .104
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
.)
Current law requires state agencies and public entities to comply
with digital accessibility standards on or before July 1, 2024. The bill
provides a one-year extension to July 1, 2025, of immunity from liability
HOUSE
2nd Reading Unamended
April 29, 2024
HOUSE SPONSORSHIP
Ortiz and Pugliese,
SENATE SPONSORSHIP
Lundeen,
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. for failure to comply with the digital accessibility standards for an agency
that demonstrates good faith efforts toward compliance or toward
resolution of any complaint of noncompliance.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
declares that:3
(a) It is imperative to recognize the importance of ensuring full4
accessibility for individuals with disabilities to state and local government5
digital resources;6
(b) The general assembly's commitment to inclusivity and equal7
access is underscored by establishing a one-year grace period that extends8
the current deadline for full digital accessibility compliance for state9
agencies and public entities from July 1, 2024, to July 1, 2025, so that10
applicable state agencies and public entities may achieve compliance with11
established accessibility standards, provided that the public entity or state12
agency has demonstrated good faith efforts toward compliance;13
(c) The temporary grace period reflects the general assembly's14
understanding of the reality of adapting the necessary accessibility15
standards by state agencies and public entities and bases the grace period16
on current progress made by each state agency and public entity; and17
(d) The one-year grace period is made with the intent to encourage18
continued diligent progress toward accessibility for all Coloradans with19
disabilities without imposing immediate penalties on state agencies and20
public entities.21
SECTION 2. In Colorado Revised Statutes, 24-34-802, amend22
(1)(c) as follows:23
24-34-802. Violations - penalties - immunity - repeal.24
1454-2- (1) (c) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(c)(II) OF THIS1
SECTION, discrimination pursuant to this section includes the failure of a2
public entity or state agency, as those terms are defined in section3
24-34-301, to fully comply, on or before July 1, 2024, with the4
accessibility standards for individuals with a disability established by the5
office of information technology pursuant to section 24-85-103. Liability6
for noncompliance as to content lies with the public entity or state agency7
that manages the content. Liability for noncompliance of the platform8
hosting the content lies with the public entity or state agency that manages9
the platform.10
(II) (A) A
PUBLIC ENTITY OR STATE AGENCY IS IMMUNE FROM11
LIABILITY FOR A VIOLATION OF SUBSECTION (1)(c)(I) OF THIS SECTION12
UNTIL JULY 1, 2025, IF THE PUBLIC ENTITY OR STATE AGENCY13
DEMONSTRATES GOOD FAITH EFFORTS TOWARD COMPLIANCE WITH THE14
ACCESSIBILITY STANDARDS ESTABLISHED PURSUANT TO SECTION15
24-85-103
OR, AS NECESSARY, MAKES GOOD FAITH EFFORTS TOWARD16
RESOLUTION OF A COMPLAINT OF NONCOMPLIANCE . TO BE ELIGIBLE FOR17
THE IMMUNITY AUTHORIZED PURSUANT TO THIS SUBSECTION (1)(c)(II), BY18
J
ULY 1, 2024, A PUBLIC ENTITY'S OR STATE AGENCY'S GOOD FAITH EFFORTS19
MUST INCLUDE CREATING A PROGRESS -TO-DATE REPORT THAT20
DEMONSTRATES CONCRETE AND SPECIFIC EFFORTS TOWARD COMPLIANCE21
ON THE ENTITY'S OR AGENCY'S FRONT-FACING WEB PAGES; UPDATING THE22
REPORT ON A QUARTERLY BASIS; AND CREATING A CLEAR, EASY-TO-FIND23
PROCESS FOR REQUESTING REDRESS FOR INACCESSIBLE DIGITAL PRODUCTS ,24
INCLUDING CONTACT OPTIONS THAT ARE NOT DEPENDENT ON WEB ACCESS25
OR DIGITAL ACCESSIBILITY AND ARE PROMINENTLY DISPLAYED ON ALL26
FRONT-FACING WEB PAGES.27
1454
-3- (B) IF A CIVIL ACTION IS FILED PURSUANT TO THIS SUBSECTION1
(1)(c)
AND A PUBLIC ENTITY OR STATE AGENCY ALLEGES THAT IT HAS2
MADE GOOD FAITH EFFORTS PURSUANT TO THIS SUBSECTION (1)(c)(II), THE3
COURT IN WHICH THE CIVIL ACTION WAS FILED SHALL DETERMINE , BASED4
ON A PREPONDERANCE OF THE EVIDENCE , WHETHER THE PUBLIC ENTITY OR5
STATE AGENCY HAS MADE GOOD FAITH EFFORTS , AND, IF THE COURT6
DETERMINES THAT GOOD FAITH EFFORTS HAVE BEEN MADE , THE COURT7
SHALL DISMISS THE ACTION WITHOUT PREJUDICE .8
(C) T
HIS SUBSECTION (1)(c)(II) IS REPEALED, EFFECTIVE JULY 1,9
2025.10
SECTION 3. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
1454
-4-