Colorado 2024 Regular Session

Colorado House Bill HB1454 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-1163.01 Jerry Barry x4341
1	8		HOUSE BILL 24-1454
2		-	~~BY REPRESENTATIVE(S) Ortiz and Pugliese, Bacon, Bird, Duran, Kipp,~~
3		-	~~Lieder~~, ~~Parenti~~, ~~Young;~~
4		-	~~also SENATOR(S) Lundeen,~~ ~~Bridges, Kirkmeyer, Priola, Roberts.~~
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING A ONE-YEAR EXTENSION OF THE DEADLINE FOR PUBLIC
7		-	AGENCIES TO COMPLY WITH DIGITAL ACCESSIBILITY STANDARDS IF
8		-	THE PUBLIC AGENCY DEMONSTRATES A GOOD FAITH EFFORT TOWARD
9		-	COMPLIANCE
10		-	.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. Legislative declaration. (1) The general assembly
14		-	declares that:
15		-	(a) It is imperative to recognize the importance of ensuring full
16		-	accessibility for individuals with disabilities to state and local government
17		-	digital resources;
18		-	(b) The general assembly's commitment to inclusivity and equal
19		-	access is underscored by establishing a one-year grace period that extends
20		-	the current deadline for full digital accessibility compliance for state
21		-	agencies and public entities from July 1, 2024, to July 1, 2025, so that
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. applicable state agencies and public entities may achieve compliance with
30		-	established accessibility standards, provided that the public entity or state
31		-	agency has demonstrated good faith efforts toward compliance;
32		-	(c) The temporary grace period reflects the general assembly's
33		-	understanding of the reality of adapting the necessary accessibility standards
34		-	by state agencies and public entities and bases the grace period on current
35		-	progress made by each state agency and public entity; and
36		-	(d) The one-year grace period is made with the intent to encourage
37		-	continued diligent progress toward accessibility for all Coloradans with
38		-	disabilities without imposing immediate penalties on state agencies and
39		-	public entities.
40		-	SECTION 2. In Colorado Revised Statutes, 24-34-802, amend
41		-	(1)(c) as follows:
42		-	24-34-802. Violations - penalties - immunity - repeal.
43		-	(1) (c) (I) E
44		-	XCEPT AS PROVIDED IN SUBSECTION (1)(c)(II) OF THIS SECTION,
45		-	discrimination pursuant to this section includes the failure of a public entity
46		-	or state agency, as those terms are defined in section 24-34-301, to fully
47		-	comply, on or before July 1, 2024, with the accessibility standards for
48		-	individuals with a disability established by the office of information
49		-	technology pursuant to section 24-85-103. Liability for noncompliance as
50		-	to content lies with the public entity or state agency that manages the
51		-	content. Liability for noncompliance of the platform hosting the content lies
52		-	with the public entity or state agency that manages the platform.
	13	+	ONCERNING A ONE-YEAR EXTENSION OF THE DEADLINE FOR PUBLIC101
	14	+	AGENCIES TO COMPLY WITH DIGITAL ACCESSIBILITY STANDARDS102
	15	+	IF THE PUBLIC AGENCY DEMONSTRATES A GOOD FAITH EFFORT103
	16	+	TOWARD COMPLIANCE .104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Current law requires state agencies and public entities to comply
	25	+	with digital accessibility standards on or before July 1, 2024. The bill
	26	+	provides a one-year extension to July 1, 2025, of immunity from liability
	27	+	SENATE
	28	+	2nd Reading Unamended
	29	+	May 5, 2024
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 1, 2024
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	April 29, 2024
	36	+	HOUSE SPONSORSHIP
	37	+	Ortiz and Pugliese, Bacon, Bird, Duran, Kipp, Lieder, Parenti, Young
	38	+	SENATE SPONSORSHIP
	39	+	Lundeen,
	40	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	41	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	42	+	Dashes through the words or numbers indicate deletions from existing law. for failure to comply with the digital accessibility standards for an agency
	43	+	that demonstrates good faith efforts toward compliance or toward
	44	+	resolution of any complaint of noncompliance.
	45	+	Be it enacted by the General Assembly of the State of Colorado:1
	46	+	SECTION 1. Legislative declaration. (1) The general assembly2
	47	+	declares that:3
	48	+	(a) It is imperative to recognize the importance of ensuring full4
	49	+	accessibility for individuals with disabilities to state and local government5
	50	+	digital resources;6
	51	+	(b) The general assembly's commitment to inclusivity and equal7
	52	+	access is underscored by establishing a one-year grace period that extends8
	53	+	the current deadline for full digital accessibility compliance for state9
	54	+	agencies and public entities from July 1, 2024, to July 1, 2025, so that10
	55	+	applicable state agencies and public entities may achieve compliance with11
	56	+	established accessibility standards, provided that the public entity or state12
	57	+	agency has demonstrated good faith efforts toward compliance;13
	58	+	(c) The temporary grace period reflects the general assembly's14
	59	+	understanding of the reality of adapting the necessary accessibility15
	60	+	standards by state agencies and public entities and bases the grace period16
	61	+	on current progress made by each state agency and public entity; and17
	62	+	(d) The one-year grace period is made with the intent to encourage18
	63	+	continued diligent progress toward accessibility for all Coloradans with19
	64	+	disabilities without imposing immediate penalties on state agencies and20
	65	+	public entities.21
	66	+	SECTION 2. In Colorado Revised Statutes, 24-34-802, amend22
	67	+	(1)(c) as follows:23
	68	+	24-34-802. Violations - penalties - immunity - repeal.24
	69	+	1454-2- (1) (c) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(c)(II) OF THIS1
	70	+	SECTION, discrimination pursuant to this section includes the failure of a2
	71	+	public entity or state agency, as those terms are defined in section3
	72	+	24-34-301, to fully comply, on or before July 1, 2024, with the4
	73	+	accessibility standards for individuals with a disability established by the5
	74	+	office of information technology pursuant to section 24-85-103. Liability6
	75	+	for noncompliance as to content lies with the public entity or state agency7
	76	+	that manages the content. Liability for noncompliance of the platform8
	77	+	hosting the content lies with the public entity or state agency that manages9
	78	+	the platform.10
53	79		(II) (A) A
54		-	PUBLIC ENTITY OR STATE AGENCY IS IMMUNE FROM
55		-	LIABILITY FOR A VIOLATION OF SUBSECTION
56		-	(1)(c)(I) OF THIS SECTION UNTIL
57		-	JULY 1, 2025, IF THE PUBLIC ENTITY OR STATE AGENCY DEMONSTRATES
58		-	GOOD FAITH EFFORTS TOWARD COMPLIANCE WITH THE ACCESSIBILITY
59		-	STANDARDS ESTABLISHED PURSUANT TO SECTION
60		-	24-85-103 OR, AS
61		-	NECESSARY
62		-	, MAKES GOOD FAITH EFFORTS TOWARD RESOLUTION OF A
63		-	COMPLAINT OF NONCOMPLIANCE
64		-	. TO BE ELIGIBLE FOR THE IMMUNITY
65		-	AUTHORIZED PURSUANT TO THIS SUBSECTION
66		-	(1)(c)(II), BY JULY 1, 2024, A
67		-	PUBLIC ENTITY
68		-	'S OR STATE AGENCY'S GOOD FAITH EFFORTS MUST INCLUDE
69		-	CREATING A PROGRESS
70		-	-TO-DATE REPORT THAT DEMONSTRATES CONCRETE
71		-	AND SPECIFIC EFFORTS TOWARD COMPLIANCE ON THE ENTITY
72		-	'S OR AGENCY'S
73		-	FRONT
74		-	-FACING WEB PAGES; UPDATING THE REPORT ON A QUARTERLY BASIS ;
75		-	PAGE 2-HOUSE BILL 24-1454 AND CREATING A CLEAR, EASY-TO-FIND PROCESS FOR REQUESTING REDRESS
76		-	FOR INACCESSIBLE DIGITAL PRODUCTS
77		-	, INCLUDING CONTACT OPTIONS THAT
78		-	ARE NOT DEPENDENT ON WEB ACCESS OR DIGITAL ACCESSIBILITY AND ARE
79		-	PROMINENTLY DISPLAYED ON ALL FRONT
80		-	-FACING WEB PAGES.
81		-	(B) I
82		-	F A CIVIL ACTION IS FILED PURSUANT TO THIS SUBSECTION (1)(c)
83		-	AND A PUBLIC ENTITY OR STATE AGENCY ALLEGES THAT IT HAS MADE GOOD
84		-	FAITH EFFORTS PURSUANT TO THIS SUBSECTION
85		-	(1)(c)(II), THE COURT IN
86		-	WHICH THE CIVIL ACTION WAS FILED SHALL DETERMINE
87		-	, BASED ON A
88		-	PREPONDERANCE OF THE EVIDENCE
89		-	, WHETHER THE PUBLIC ENTITY OR STATE
90		-	AGENCY HAS MADE GOOD FAITH EFFORTS
91		-	, AND, IF THE COURT DETERMINES
92		-	THAT GOOD FAITH EFFORTS HAVE BEEN MADE
93		-	, THE COURT SHALL DISMISS
94		-	THE ACTION WITHOUT PREJUDICE
95		-	.
	80	+	PUBLIC ENTITY OR STATE AGENCY IS IMMUNE FROM11
	81	+	LIABILITY FOR A VIOLATION OF SUBSECTION (1)(c)(I) OF THIS SECTION12
	82	+	UNTIL JULY 1, 2025, IF THE PUBLIC ENTITY OR STATE AGENCY13
	83	+	DEMONSTRATES GOOD FAITH EFFORTS TOWARD COMPLIANCE WITH THE14
	84	+	ACCESSIBILITY STANDARDS ESTABLISHED PURSUANT TO SECTION15
	85	+	24-85-103
	86	+	OR, AS NECESSARY, MAKES GOOD FAITH EFFORTS TOWARD16
	87	+	RESOLUTION OF A COMPLAINT OF NONCOMPLIANCE . TO BE ELIGIBLE FOR17
	88	+	THE IMMUNITY AUTHORIZED PURSUANT TO THIS SUBSECTION (1)(c)(II), BY18
	89	+	J
	90	+	ULY 1, 2024, A PUBLIC ENTITY'S OR STATE AGENCY'S GOOD FAITH EFFORTS19
	91	+	MUST INCLUDE CREATING A PROGRESS -TO-DATE REPORT THAT20
	92	+	DEMONSTRATES CONCRETE AND SPECIFIC EFFORTS TOWARD COMPLIANCE21
	93	+	ON THE ENTITY'S OR AGENCY'S FRONT-FACING WEB PAGES; UPDATING THE22
	94	+	REPORT ON A QUARTERLY BASIS; AND CREATING A CLEAR, EASY-TO-FIND23
	95	+	PROCESS FOR REQUESTING REDRESS FOR INACCESSIBLE DIGITAL PRODUCTS ,24
	96	+	INCLUDING CONTACT OPTIONS THAT ARE NOT DEPENDENT ON WEB ACCESS25
	97	+	OR DIGITAL ACCESSIBILITY AND ARE PROMINENTLY DISPLAYED ON ALL26
	98	+	FRONT-FACING WEB PAGES.27
	99	+	1454
	100	+	-3- (B) IF A CIVIL ACTION IS FILED PURSUANT TO THIS SUBSECTION1
	101	+	(1)(c)
	102	+	AND A PUBLIC ENTITY OR STATE AGENCY ALLEGES THAT IT HAS2
	103	+	MADE GOOD FAITH EFFORTS PURSUANT TO THIS SUBSECTION (1)(c)(II), THE3
	104	+	COURT IN WHICH THE CIVIL ACTION WAS FILED SHALL DETERMINE , BASED4
	105	+	ON A PREPONDERANCE OF THE EVIDENCE , WHETHER THE PUBLIC ENTITY OR5
	106	+	STATE AGENCY HAS MADE GOOD FAITH EFFORTS , AND, IF THE COURT6
	107	+	DETERMINES THAT GOOD FAITH EFFORTS HAVE BEEN MADE , THE COURT7
	108	+	SHALL DISMISS THE ACTION WITHOUT PREJUDICE .8
96	109		(C) T
97		-	HIS SUBSECTION (1)(c)(II) IS REPEALED, EFFECTIVE JULY 1,
98		-	2025.
99		-	SECTION 3. Safety clause. The general assembly finds,
100		-	determines, and declares that this act is necessary for the immediate
101		-	PAGE 3-HOUSE BILL 24-1454 preservation of the public peace, health, or safety or for appropriations for
102		-	the support and maintenance of the departments of the state and state
103		-	institutions.
104		-	____________________________ ____________________________
105		-	Julie McCluskie Steve Fenberg
106		-	SPEAKER OF THE HOUSE PRESIDENT OF
107		-	OF REPRESENTATIVES THE SENATE
108		-	____________________________ ____________________________
109		-	Robin Jones Cindi L. Markwell
110		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
111		-	OF REPRESENTATIVES THE SENATE
112		-	APPROVED________________________________________
113		-	(Date and Time)
114		-	_________________________________________
115		-	Jared S. Polis
116		-	GOVERNOR OF THE STATE OF COLORADO
117		-	PAGE 4-HOUSE BILL 24-1454
	110	+	HIS SUBSECTION (1)(c)(II) IS REPEALED, EFFECTIVE JULY 1,9
	111	+	2025.10
	112	+	SECTION 3. Safety clause. The general assembly finds,11
	113	+	determines, and declares that this act is necessary for the immediate12
	114	+	preservation of the public peace, health, or safety or for appropriations for13
	115	+	the support and maintenance of the departments of the state and state14
	116	+	institutions.15
	117	+	1454
	118	+	-4-