A Bill for an Act
Page 1, Line 101Concerning noncompliance with requirements regarding
Page 1, Line 102technology accessibility for persons with disabilities
Page 1, Line 103when the noncompliance is caused by a contractor.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, certain provisions are required in a public school contract (contract), and if the provisions are omitted from a contract, the law deems that the provisions are automatically included in the contract. The bill clarifies that the list includes that a contractor is required to comply with accessibility standards for an individual with a disability adopted by the office of information technology. The bill adds a provision to the list to require a contractor to indemnify, hold harmless, and assume liability on behalf of a public school contracting entity, the public school, and the public school's employees and agents, for all remedies for noncompliance with standards that ensure technology accessibility to persons with disabilities.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 22-1-135, amend
Page 2, Line 3(2)(d) introductory portion and (2)(d)(III); and add (2)(d)(II)(C), (2)(d)(IV), and (2)(e) as follows:
Page 2, Line 422-1-135. Terms and conditions in public school contracts -
Page 2, Line 5definitions. (2) (d) A public school contract must include provisions, and
Page 2, Line 6if such provisions are
nonetheless inadvertently or otherwiseshall bePage 2, Line 7(II) Require the contractor to comply with all applicable federal,
Page 2, Line 8state, and local laws, rules, and regulations in effect when the contract is executed or thereafter established, including, without limitation:
Page 2, Line 9(C) Accessibility standards for an individual with a
Page 2, Line 10disability adopted by the office of information technology pursuant to section 24-85-103.
Page 2, Line 11(III) Require the contractor to perform its duties as an independent
Page 2, Line 12contractor, to pay when due all applicable employment taxes and income
Page 2, Line 13taxes for its employees incurred in the performance of the contract, and
Page 2, Line 14to provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law; and
Page 2, Line 15(IV) Require the contractor to indemnify, hold harmless,
Page 2, Line 16and assume liability on behalf of the public school contracting
Page 2, Line 17entity, the public school, and the public school's employees and
Page 3, Line 1agents, for all costs, expenses, claims, damages, liabilities,
Page 3, Line 2court awards, attorney fees and related costs, and any other
Page 3, Line 3amounts incurred by a school district in relation to a
Page 3, Line 4contractor's noncompliance with accessibility standards for an
Page 3, Line 5individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
Page 3, Line 6(e) A public school contracting entity may require that
Page 3, Line 7the contractor's compliance with accessibility standards for an
Page 3, Line 8individual with a disability adopted by the office of information
Page 3, Line 9technology pursuant to section 24-85-103 is determined and
Page 3, Line 10attested to by a qualified third party selected by the public school contracting entity.
Page 3, Line 11SECTION 2. In Colorado Revised Statutes, 24-85-104, add (5) as follows:
Page 3, Line 1224-85-104. Procurement requirements - criteria -
Page 3, Line 13implementation - contract terms - definitions. (5) (a) As used in this subsection (5), unless the context otherwise requires:
Page 3, Line 14(I) "Contractor" means any person having a contract or
Page 3, Line 15agreement with a state agency or public entity, excluding
Page 3, Line 16another Colorado state agency, public entity, or employee thereof.
Page 3, Line 17(II) "Public entity" has the same meaning set forth in section 24-34-301.
Page 3, Line 18(b) (I) A contract or agreement that is entered into
Page 3, Line 19between a state agency or public entity and a contractor must
Page 3, Line 20include provisions provided in subsection (5)(c) of this section,
Page 3, Line 21and if such provisions are omitted, the contract or agreement is
Page 4, Line 1deemed to include provisions provided in subsection (5)(c) of this
Page 4, Line 2section, if the primary purpose of the contract is to acquire
Page 4, Line 3supplies or services, construction, or the disposal of supplies for the benefit of the state agency or public entity.
Page 4, Line 4(II) Notwithstanding subsection (5)(b)(I) of this section,
Page 4, Line 5this subsection (5) does not apply to public school contracts
Page 4, Line 6described in section 22-1-135, or contracts or agreements for professional services as defined in section 24-30-1402.
Page 4, Line 7(c) (I) The contractor shall comply with the accessibility
Page 4, Line 8standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
Page 4, Line 9(II) The contractor shall indemnify, hold harmless, and
Page 4, Line 10assume liability on behalf of the state agency or public entity,
Page 4, Line 11and the state agency's or public entity's officers, employees, and
Page 4, Line 12agents, for all costs, expenses, claims, damages, liabilities,
Page 4, Line 13court awards, attorney fees and related costs, and any other
Page 4, Line 14amounts incurred by the state agency or public entity in
Page 4, Line 15relation to the contractor's noncompliance with the
Page 4, Line 16accessibility standards for an individual with a disability
Page 4, Line 17adopted by the office of information technology pursuant to section 24-85-103.
Page 4, Line 18(d) The state agency or public entity may require that the
Page 4, Line 19contractor's compliance with accessibility standards for an
Page 4, Line 20individual with a disability adopted by the office of information
Page 4, Line 21technology pursuant to section 24-85-103 is determined and
Page 4, Line 22attested to by a qualified third party selected by the state
Page 4, Line 23agency or public entity.
Page 5, Line 1SECTION 3. Applicability. This act applies to contracts or
Page 5, Line 2agreements entered into, amended, or renewed on or after the effective date of this act.
Page 5, Line 3SECTION 4. Act subject to petition - effective date. This act
Page 5, Line 4takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 5ninety-day period after final adjournment of the general assembly; except
Page 5, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 7of the state constitution against this act or an item, section, or part of this
Page 5, Line 8act within such period, then the act, item, section, or part will not take
Page 5, Line 9effect unless approved by the people at the general election to be held in
Page 5, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.