[Colorado-Talk] HB21-1110 Passes out of Appropriations

[Dan Burke]

Update - this bill went to the House floor this morning already. Final
vote in the House could very well be Monday morning. So please contact
your Colorado House member. I'm pasting the full fact sheet from CCDC
below:


Please reach out to your legislator and ask them to commit to a YES
vote on HB 21-1110.  Colorado Laws for Persons with Disabilities
Sponsor: David Ortiz
They will hear this very soon—

Please vote YES on HB 21-1110 AND SIGN ON AS A COSPSONOR DURING THIRD READING -
HB21-1110 adopts Title II of the Americans with Disabilities Act into
state law. Title II of the ADA applies to state and local governments.
Please support HB21-1110 so that Colorado law tracks with federal law
improving clarity for state agencies, local governments and special
districts.   (Other aspects of the ADA are already in state law).
A relatively SMALL fiscal note in a “good” financial year will
dramatically lesson the legal liability on the part of state and local
government in Colorado by providing tools to help with ADA compliance.
This bill adopts the Americans with Disabilities Act into state law
and incorporates it into the Colorado Anti-Discrimination Act. The
added protections apply to state and local governments and include:
•	Prohibiting a person with a disability from being excluded from
participating in or being denied the benefits of services, programs,
or activities of a public entity; and
•	Clarifying that such prohibition includes the failure of a public
entity to comply with the international Web Content Accessibility
Guidelines (“WCAG”), the internationally-recognized guidelines for web
and digital content accessibility.
State courts: The bill permits state court enforcement of the ADA,
which is cheaper for all parties and more accessible to underserved
communities (including rural communities who do not have easy access
to federal court facilities).
Tracking federal law: The bill tracks federal law and does not add any
new requirements; however, it does specify the standards by which
state and local governments’ measure accessibility for web and digital
content.
Why WCAG standards are needed: International regulations and standards
(such as ones set for engineering and construction in existing
statute) reduces ambiguity. WCAG standards are best-practices and
easily incorporated into websites and content. WCAG standards were to
be included in ADA-rulemaking in 2015, but that was delayed. The Biden
administration is expected to formally incorporate WCAG in the coming
year.  HB 21-1110 will help make Colorado a national leader in
disability rights as well as help state and local governments plan
ahead for future regulations.
Three-year phase-in for WCAG: After extensive stakeholdering,
proponents have agreed to introduce an amendment for a three-year
compliance period for WCAG standards, with the expectation that
governments will incorporate compliance into their strategic planning
and make that plan available to the public record. In addition, the
Office of Information Technology (OIT) has committed to providing
educational resources for local governments to become compliant with
web accessibility standards.
Penalties: Injunctive relief, attorneys’ costs and fees, and a flat
penalty of $3,500 as provided in the Colorado Anti-Discrimination Act
(“CADA”) AFTER the three year ramp-up period. It is exempt from the
Colorado Governmental Immunity Act (“CGIA”), but placed under CADA,
for which the (lower) penalty can be made applicable.
Why the Colorado disability community needs HB 21-1110

Colorado anti-discrimination statutes have progressed significantly in
the last ten years, but have lagged behind in disability
discrimination protections. It's long past time for the state to
formally incorporate and affirm the 31-year-old Americans with
Disabilities Act!
•	HB21-1110 creates a culture of disability lens inclusion in
government planning (versus the reactive model in which we currently
operate)
•	Nearly ten percent (500,000) of Coloradans have a disability under
the definition provided by the Americans with Disabilities Act
o	107,000 Coloradans are visually disabled (According to the American
Community Survey, 2016)
o	48 million Americans are deaf or hard of hearing (National
Association of the Deaf)
o	Disability status, according to the CDC: 1 in 4 are Black, 3 in 10
are indigenous, 5 in 10 are Hispanic, 6 in 10 are White, and 1 in 10
are Asian-American/Pacific Islander
•	According to a 2018 survey conducted by WebAIM, 42% of computer
users with visual disabilities frequently give up reading on a
computer because it is too difficult
o	Screen readers help blind or low-vision people function
independently, when online government services are accessible.
•	Coloradans with significant disabilities are more likely to be
reliant on state programs (such as Medicaid) or public transit to live
freely in and contribute to their communities - it is critical that
those services are ADA-accessible
•	From safety at parks, finding affordable housing, accessing the
State Capitol, to renewing a driver’s license online, Coloradans with
disabilities have a right to equal protections under the law (and
freedom to live independently)

Contact:
Julie Reiskin, CO Cross-Disability Coalition 303-667-4216
jreiskin at ccdconline.org
JoyAnn Ruscha 970-397-4911 joyann at ruschapublicaffairs.com


On 5/7/21, Dan Burke <burke.dall at gmail.com> wrote:
> Good morning -
>
> HB21-1110 - Colorado Laws for People with Disabilities passed out of
> the House Appropriations committee today with its funding intact. The
> vote was 9-2. Thanks to all of you who contacted Appropriations
> committee members.
>
> Where does it go now? To the floor of the House, could be as early as
> Monday for the 2nd reading. And then there will be a 3rd reading
> before it can go to the Senate. So,  please call or email your
> personal Colorado House members and ask them to vote for HB21-1110!
>
> Here's the link to the "Find Your Legislator" page:
>
> http://leg.colorado.gov/find-my-legislator
>
>
> --
> Dan Burke
>
> National Federation of the Blind of Colorado Legislative Coordinator
>
> President, NFB of Denver
>
> "Blindness is not what holds you back.  You can live the life you want!"
>
> My Cell:  406.546.8546
> Twitter:  @DallDonal
>


-- 
Dan Burke

National Federation of the Blind of Colorado Legislative Coordinator

President, NFB of Denver

"Blindness is not what holds you back.  You can live the life you want!"

My Cell:  406.546.8546
Twitter:  @DallDonal