Amendments for HB24-1168
House Journal, March 21
1 HB24-1168 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, strike everything below the enacting clause and
6 substitute:
7
8 "SECTION 1. Legislative declaration. (1) The general
9 assembly hereby finds and declares that:
10 (a) The federal "Americans with Disabilities Act of 1990" has
11 been law for over three decades;
12 (b) The federal "Americans with Disabilities Act of 1990"
13 mandates equal access to everyday activities for individuals with
14 disabilities;
15 (c) Many places of public business continue to be inaccessible to
16 individuals with disabilities; and
17 (d) It is the right of every individual to participate in public
18 discourse, and it is imperative to a healthy and functional democracy that
19 all citizens have access to their government.
20 (2) The general assembly further finds and declares that it is
21 necessary to codify the right to accessible and transparent governance to
22 protect citizens' access to their government and promote greater equity.
23 SECTION 2. In Colorado Revised Statutes, add 24-6-403 as
24 follows:
25 24-6-403. Meetings - accessibility for individuals with
26 disabilities. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
27 OTHERWISE REQUIRES:
28 (a) "AUXILIARY SERVICES" HAS THE SAME MEANING AS SET FORTH
29 IN SECTION 26-21-103 (1).
30 (b) "LOCAL PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH
31 IN SECTION 24-6-402 (1)(a).
32 (c) "MEETING" HAS THE SAME MEANING AS SET FORTH IN SECTION
33 24-6-402 (1)(b).
34 (d) "REMOTE METHOD" MEANS THE SIMULTANEOUS
35 COMMUNICATION OR TRANSMISSION OF A PUBLIC MEETING BY A
36 TELEPHONIC, ELECTRONIC, OR SIMILAR REMOTE METHOD.
37 (e) "SMALL COMMUNITY" MEAN ANY AUTHORITY, DISTRICT, OR
38 OTHER POLITICAL SUBDIVISION OF THE STATE WITH FEWER THAN ONE
39 THOUSAND ELIGIBLE ELECTORS AT THE LAST ELECTION OF THE AUTHORITY,
40 DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE.
41 (d) "STATE PUBLIC BODY" HAS THE SAME MEANING AS SET FORTH
42 IN SECTION 24-6-402 (1)(d).
43 (2) BEGINNING JULY 1, 2025, A STATE PUBLIC BODY OR A LOCAL
44 PUBLIC BODY THAT IS NOT A SMALL COMMUNITY IS SUBJECT TO THE
45 FOLLOWING REQUIREMENTS:
46 (a) ANY MEETING OF A STATE PUBLIC BODY OR LOCAL PUBLIC
47 BODY THAT IS NOT A SMALL COMMUNITY FOR WHICH NOTICE IS REQUIRED
48 TO BE PROVIDED PURSUANT TO SECTION 24-6-402 (2)(c)(I) AND AT WHICH
49 THE ADOPTION OF ANY PROPOSED POLICY, POSITION, RESOLUTION, RULE,
50 REGULATION, OR FORMAL ACTION WILL OCCUR, OR WHERE THE STATE
51 PUBLIC BODY OR LOCAL PUBLIC BODY THAT IS NOT A SMALL COMMUNITY
52 WILL BE HEARING PUBLIC TESTIMONY OR COMMENT, MUST BE MADE
53 ACCESSIBLE IN REAL TIME BY LIVE-STREAMING VIDEO OR AUDIO;
54
1 (b) ANY DOCUMENT THAT IS IN THE POSSESSION OF A STATE PUBLIC
2 BODY OR A LOCAL PUBLIC BODY THAT IS NOT A SMALL COMMUNITY AND
3 WILL BE MADE AVAILABLE TO THE PUBLIC DURING A MEETING MUST BE
4 POSTED AT LEAST TWENTY-FOUR HOURS BEFORE THE MEETING, OR IF
5 POSTING TWENTY-FOUR HOURS BEFORE THE MEETING IS NOT POSSIBLE,
6 MUST BE POSTED AS SOON AS PRACTICABLE; AND
7 (c) FOR A MEETING AT WHICH A STATE PUBLIC BODY OR A LOCAL
8 PUBLIC BODY THAT IS NOT A SMALL COMMUNITY WILL HEAR PUBLIC
9 TESTIMONY OR COMMENT, THE STATE PUBLIC BODY OR LOCAL PUBLIC
10 BODY THAT IS NOT A SMALL COMMUNITY MUST ALLOW INDIVIDUALS WHO
11 WISH TO PARTICIPATE REMOTELY TO PROVIDE PUBLIC COMMENT
12 VIRTUALLY. IT IS IN THE DISCRETION OF THE STATE PUBLIC BODY OR LOCAL
13 PUBLIC BODY THAT IS NOT A SMALL COMMUNITY TO PROMULGATE RULES
14 FOR THE ADMINISTERING OF PUBLIC COMMENT SO LONG AS SUCH RULES
15 APPLY EQUITABLY TO INDIVIDUALS SEEKING TO MAKE PUBLIC COMMENT
16 THROUGH A REMOTE METHOD AND INDIVIDUALS SEEKING TO MAKE PUBLIC
17 COMMENT IN PERSON.
18 (3) BEGINNING JULY 1, 2025, A LOCAL PUBLIC BODY THAT IS A
19 SMALL COMMUNITY IS SUBJECT TO THE FOLLOWING REQUIREMENTS:
20 (a) FOR ANY MEETING OF A LOCAL PUBLIC BODY THAT IS A SMALL
21 COMMUNITY FOR WHICH NOTICE IS REQUIRED TO BE PROVIDED PURSUANT
22 TO SECTION 24-6-402 (2)(c)(I) AND AT WHICH THE ADOPTION OF ANY
23 PROPOSED POLICY, POSITION, RESOLUTION, RULE, REGULATION, OR
24 FORMAL ACTION WILL OCCUR, OR WHERE THE LOCAL PUBLIC BODY THAT
25 IS A SMALL COMMUNITY WILL BE HEARING PUBLIC TESTIMONY OR
26 COMMENT, THE LOCAL PUBLIC BODY THAT IS A SMALL COMMUNITY, UPON
27 RECEIPT OF A TIMELY REQUEST, SHALL:
28 (I) PROVIDE A REMOTE METHOD FOR INDIVIDUALS TO ATTEND A
29 MEETING;
30 (II) ALLOW REMOTE ACCESS TO OR ELECTRONIC TRANSMISSION OF
31 ANY DOCUMENTS DISTRIBUTED TO THE GENERAL PUBLIC ATTENDING A
32 MEETING IN PERSON; AND
33 (III) AT A MEETING AT WHICH FORMAL TESTIMONY OR COMMENT
34 FROM THE PUBLIC WILL BE HEARD, ALLOW A REMOTE METHOD OF
35 PROVIDING TESTIMONY OR COMMENT.
36 (b) A REQUEST IS TIMELY FOR PURPOSES OF SUBSECTION (3)(a) OF
37 THIS SECTION IF THE REQUEST IS MADE AT LEAST TWO BUSINESS DAYS
38 PRIOR TO A MEETING FOR WHICH A REMOTE METHOD OF ATTENDING IS
39 REQUESTED.
40 (4) A STATE PUBLIC BODY OR A LOCAL PUBLIC BODY MAY, IN ITS
41 DISCRETION, RECORD AND MAKE AVAILABLE ANY AUDIO OR VIDEO
42 RECORDING OF A MEETING FOR ON-DEMAND USE. THE GENERAL ASSEMBLY
43 ENCOURAGES ANY SUCH PUBLIC BODY TO RECORD AND MAKE AVAILABLE
44 ANY AUDIO OR VIDEO RECORDING OF A MEETING FOR ON-DEMAND USE.
45 (5) (a) A MEETING THAT IS HELD IN AN UNSERVED AREA, AS
46 DEFINED IN SECTION 40-15-102 (32), IS NOT SUBJECT TO THE
47 REQUIREMENTS OF THIS SECTION.
48 (b) A STATE PUBLIC BODY OR A LOCAL PUBLIC BODY HOLDING A
49 MEETING THAT IS EXEMPT FROM THE REQUIREMENTS OF THIS SECTION
50 PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION SHALL MAKE A GOOD
51 FAITH EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION,
52 SUCH AS USING TELECONFERENCING OR OTHER ALTERNATIVE METHODS OF
53 REAL-TIME LIVE STREAMING, BUT IS NOT SUBJECT TO CIVIL SUIT PURSUANT
54 TO SUBSECTION (10) OF THIS SECTION.
55
1 (6) AN INTERRUPTION IN THE REAL-TIME LIVE STREAMED VIDEO OR
2 AUDIO OF A MEETING DUE TO IRREGULAR TECHNICAL OR OTHER ISSUES IS
3 NOT A VIOLATION OF THIS SECTION SO LONG AS THE STATE PUBLIC BODY
4 OR LOCAL PUBLIC BODY MAKES A GOOD FAITH EFFORT TO ENSURE THE
5 TIMELY RESTORATION OF THE REAL-TIME LIVE STREAM.
6 (7) BEGINNING JULY 1, 2025, A STATE PUBLIC BODY OR A LOCAL
7 PUBLIC BODY SHALL PROVIDE AUXILIARY SERVICES UPON TIMELY REQUEST
8 OF AN INDIVIDUAL WITH A DISABILITY WHO REQUIRES SUCH SERVICES TO
9 ATTEND A MEETING. A TIMELY REQUEST INCLUDES A REQUEST MADE AT
10 LEAST SEVEN DAYS PRIOR TO THE MEETING. NOTHING IN THIS SECTION
11 REQUIRES A STATE PUBLIC BODY OR A LOCAL PUBLIC BODY TO PROVIDE
12 HARDWARE OR SOFTWARE OR INTERNET OR PHONE ACCESS AT AN
13 INDIVIDUAL'S HOME.
14 (8) THIS SECTION DOES NOT APPLY TO A MEETING OR DOCUMENT
15 IF THE MEETING IS NOT OPEN TO THE PUBLIC OR THE DOCUMENT IS NOT
16 MADE AVAILABLE TO THE PUBLIC, INCLUDING MEETINGS HELD IN
17 EXECUTIVE SESSION PURSUANT TO SECTION 24-6-402 (3) OR (4).
18 (9) THE FAILURE OF A STATE PUBLIC BODY OR A LOCAL PUBLIC
19 BODY TO COMPLY WITH ANY REQUIREMENT OF THIS SECTION IS NOT A
20 DENIAL OF ANY OF THE RIGHTS THAT ARE CONFERRED ON THE PUBLIC FOR
21 THE PURPOSE OF SECTION 24-6-402 (9).
22 (10) (a) AN INDIVIDUAL WITH A DISABILITY, AS DEFINED IN
23 SECTION 24-34-301, WHO IS SUBJECT TO A VIOLATION OF THIS SECTION BY
24 A STATE PUBLIC BODY OR LOCAL PUBLIC BODY BASED ON THE
25 INDIVIDUAL'S DISABILITY MAY BRING A CIVIL SUIT IN A COURT OF
26 COMPETENT JURISDICTION. IF THE COURT FINDS THAT A VIOLATION OF THIS
27 SECTION OCCURRED, THE STATE PUBLIC BODY OR LOCAL PUBLIC BODY
28 THAT VIOLATED THIS SECTION IS SUBJECT TO EITHER A STATUTORY FINE OF
29 THREE THOUSAND DOLLARS OR AN AMOUNT EQUAL TO ONE PERCENT OF
30 THE STATE PUBLIC BODY'S OR LOCAL PUBLIC BODY'S PRIOR FISCAL YEAR
31 REVENUE, WHICHEVER IS LESS. THE FINE IS PAYABLE TO EACH INDIVIDUAL
32 SUBJECT TO A VIOLATION OF THIS SECTION OR THE COLORADO
33 COMMISSION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND CASH
34 FUND ESTABLISHED IN SECTION 26-21-107, AT THE INDIVIDUAL'S
35 CHOOSING.
36 (b) ALLEGED VIOLATIONS OF SUBSECTION (5)(b) OF THIS SECTION
37 ARE NOT SUBJECT TO THIS SUBSECTION (10).
38 (11) ANY INFORMATION TECHNOLOGY SYSTEM THAT A STATE
39 PUBLIC BODY OR A LOCAL PUBLIC BODY USES PURSUANT TO THIS SECTION
40 MUST COMPLY WITH THE RULES FOR ACCESSIBILITY STANDARDS
41 ESTABLISHED IN SECTION 24-85-103.
42 (12) THIS SECTION DOES NOT APPLY TO A STATE PUBLIC BODY OR
43 A LOCAL PUBLIC BODY THAT IS SUBJECT TO STATE OR FEDERAL ANTITRUST
44 AND COMPETITION LAWS AND REGULATIONS.
45 SECTION 3. Act subject to petition - effective date. This act
46 takes effect at 12:01 a.m. on the day following the expiration of the
47 ninety-day period after final adjournment of the general assembly; except
48 that, if a referendum petition is filed pursuant to section 1 (3) of article V
49 of the state constitution against this act or an item, section, or part of this
50 act within such period, then the act, item, section, or part will not take
51 effect unless approved by the people at the general election to be held in
52 November 2024 and, in such case, will take effect on the date of the
53 official declaration of the vote thereon by the governor.".
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1 Page 1, line 101, strike "EQUAL ACCESS TO PUBLIC MEETINGS." and
2 substitute "ACCESSIBILITY TO PUBLIC MEETINGS FOR INDIVIDUALS WITH
3 DISABILITIES.".
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5