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Legislative Year: 2023 Change
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Bill Detail: HB23-1308

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Title Access To Government By Persons With Disabilities
Status House Committee on Transportation, Housing & Local Government Postpone Indefinitely (05/02/2023)
Bill Subjects
  • Courts & Judicial
  • Elections & Redistricting
  • Local Government
  • State Government
House Sponsors D. Ortiz (D)
Senate Sponsors J. Danielson (D)
House Committee Transportation, Housing and Local Government
Senate Committee
Date Introduced 04/25/2023
Summary

The bill requires state and local public bodies (public bodies),
including the general assembly, and political parties to comply with
certain accessibility requirements within specified periods.
Access to ballot by candidates. The bill requires the general
assembly, the secretary of state, and each political party to ensure that the
caucus process or any future alternative process by which candidates may
access the ballot that is accessible to persons with disabilities remains an
option in the state. The bill specifies that the petition process is not a
means of ballot access that is accessible to persons with disabilities. In
addition, the bill requires that within 6 months of the effective date of the
bill, any person, upon request, must be able to participate in a precinct
caucus or a party assembly with the use of a video conferencing platform
that is accessible to persons with disabilities unless the precinct caucus or
party assembly is held in a geographic location that lacks broadband
internet service.
Auxiliary aids and services for members of the general
assembly. The house of representatives and the senate are required to
provide auxiliary aids and services to any member of the general
assembly upon request of the member for use by the member while the
member is in the capitol building or any other building in the capitol
complex where legislative business regularly occurs.
Video conferencing platforms in court proceedings. Within 5
years of the effective date of the bill, all courts in the state are required to
allow a person to appear in court by the use of a video conferencing
platform upon request of the person who is required to appear in court;
except that the court may make a finding of fact that the person's physical
presence in the courtroom is required. The supreme court is required to
prescribe rules of procedure to implement the use of a video conferencing
platform. The bill includes an exemption for courts that are in a
geographic location that lacks broadband internet service.
Accessibility of meetings of public bodies. Each public body is
required to ensure that the following accessibility requirements are
implemented:
  • Within 6 months of the effective date of the bill, any public
meeting at which public business is discussed, formal
action may be taken, or recommendations to the governing
body of the public body may be discussed (meeting) held
by a public body is required to be accessible in real time by
live streaming video or audio that is recorded and
accessible to persons with disabilities;
  • A public body is required to post on its website, within
specified periods, any documents that will be distributed
during a meeting;
  • Within 6 months of the effective date of the bill, for any
meeting of a public body during which public testimony
will be heard, the public body is required to allow any
person to participate in the meeting and offer public
testimony by using a video conferencing platform unless
the meeting occurs in a geographic location that lacks
broadband internet service;
  • A public body may require that a request for auxiliary aids
or services to attend a meeting of the public body with the
use of the video conferencing platform be made up to 7
days before the date of the meeting;
  • A public body is required to provide any auxiliary aids or
services requested in time for the meeting for which they
were requested without an explanation of the need for the
auxiliary aids and services. A public body is required to
postpone a meeting if it is unable to provide the requested
auxiliary aids or services in time for the meeting and is
required to document the reason for the additional time
required.
State capitol building accessibility requirements. Within 4 years
of the effective date of the bill, the legislative department, acting through
the executive committee of the legislative council, is required to ensure
that an audio and way-finding program that allows a person who is blind
or visually impaired to independently navigate the state capitol building
is implemented and available to any person who works in or visits the
capitol building.
The failure of any political party or public body to comply with the
applicable requirements of the bill constitutes discrimination on the basis
of disability. Any person who is subjected to a violation is entitled to seek
relief as currently provided in law.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (07/06/2023) (most recent)  
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