HOUSE BILL 24-1454
BY REPRESENTATIVE(S) Ortiz and Pugliese, Bacon, Bird, Duran, Kipp,
Lieder, Parenti, Young;
also SENATOR(S) Lundeen, Bridges, Kirkmeyer, Priola, Roberts.
C
ONCERNING A ONE-YEAR EXTENSION OF THE DEADLINE FOR PUBLIC
AGENCIES TO COMPLY WITH DIGITAL ACCESSIBILITY STANDARDS IF
THE PUBLIC AGENCY DEMONSTRATES A GOOD FAITH EFFORT TOWARD
COMPLIANCE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
declares that:
(a) It is imperative to recognize the importance of ensuring full
accessibility for individuals with disabilities to state and local government
digital resources;
(b) The general assembly's commitment to inclusivity and equal
access is underscored by establishing a one-year grace period that extends
the current deadline for full digital accessibility compliance for state
agencies and public entities from July 1, 2024, to July 1, 2025, so that
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. applicable state agencies and public entities may achieve compliance with
established accessibility standards, provided that the public entity or state
agency has demonstrated good faith efforts toward compliance;
(c) The temporary grace period reflects the general assembly's
understanding of the reality of adapting the necessary accessibility standards
by state agencies and public entities and bases the grace period on current
progress made by each state agency and public entity; and
(d) The one-year grace period is made with the intent to encourage
continued diligent progress toward accessibility for all Coloradans with
disabilities without imposing immediate penalties on state agencies and
public entities.
SECTION 2. In Colorado Revised Statutes, 24-34-802, amend
(1)(c) as follows:
24-34-802. Violations - penalties - immunity - repeal.
(1) (c) (I) E
XCEPT AS PROVIDED IN SUBSECTION (1)(c)(II) OF THIS SECTION,
discrimination pursuant to this section includes the failure of a public entity
or state agency, as those terms are defined in section 24-34-301, to fully
comply, on or before July 1, 2024, with the accessibility standards for
individuals with a disability established by the office of information
technology pursuant to section 24-85-103. Liability for noncompliance as
to content lies with the public entity or state agency that manages the
content. Liability for noncompliance of the platform hosting the content lies
with the public entity or state agency that manages the platform.
(II) (A) A
PUBLIC ENTITY OR STATE AGENCY IS IMMUNE FROM
LIABILITY FOR A VIOLATION OF SUBSECTION
(1)(c)(I) OF THIS SECTION UNTIL
JULY 1, 2025, IF THE PUBLIC ENTITY OR STATE AGENCY DEMONSTRATES
GOOD FAITH EFFORTS TOWARD COMPLIANCE WITH THE ACCESSIBILITY
STANDARDS ESTABLISHED PURSUANT TO SECTION
24-85-103 OR, AS
NECESSARY
, MAKES GOOD FAITH EFFORTS TOWARD RESOLUTION OF A
COMPLAINT OF NONCOMPLIANCE
. TO BE ELIGIBLE FOR THE IMMUNITY
AUTHORIZED PURSUANT TO THIS SUBSECTION
(1)(c)(II), BY JULY 1, 2024, A
PUBLIC ENTITY
'S OR STATE AGENCY'S GOOD FAITH EFFORTS MUST INCLUDE
CREATING A PROGRESS
-TO-DATE REPORT THAT DEMONSTRATES CONCRETE
AND SPECIFIC EFFORTS TOWARD COMPLIANCE ON THE ENTITY
'S OR AGENCY'S
FRONT
-FACING WEB PAGES; UPDATING THE REPORT ON A QUARTERLY BASIS ;
PAGE 2-HOUSE BILL 24-1454 AND CREATING A CLEAR, EASY-TO-FIND PROCESS FOR REQUESTING REDRESS
FOR INACCESSIBLE DIGITAL PRODUCTS
, INCLUDING CONTACT OPTIONS THAT
ARE NOT DEPENDENT ON WEB ACCESS OR DIGITAL ACCESSIBILITY AND ARE
PROMINENTLY DISPLAYED ON ALL FRONT
-FACING WEB PAGES.
(B) I
F A CIVIL ACTION IS FILED PURSUANT TO THIS SUBSECTION (1)(c)
AND A PUBLIC ENTITY OR STATE AGENCY ALLEGES THAT IT HAS MADE GOOD
FAITH EFFORTS PURSUANT TO THIS SUBSECTION
(1)(c)(II), THE COURT IN
WHICH THE CIVIL ACTION WAS FILED SHALL DETERMINE
, BASED ON A
PREPONDERANCE OF THE EVIDENCE
, WHETHER THE PUBLIC ENTITY OR STATE
AGENCY HAS MADE GOOD FAITH EFFORTS
, AND, IF THE COURT DETERMINES
THAT GOOD FAITH EFFORTS HAVE BEEN MADE
, THE COURT SHALL DISMISS
THE ACTION WITHOUT PREJUDICE
.
(C) T
HIS SUBSECTION (1)(c)(II) IS REPEALED, EFFECTIVE JULY 1,
2025.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 3-HOUSE BILL 24-1454 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 4-HOUSE BILL 24-1454