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February 27, 2024 HB 24-1168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0541
Rep. Froelich; Rutinel
Sen. Hinrichsen
Date:
Bill Status:
Fiscal Analyst:
February 27, 2024
House Trans. Housing & Local Govt.
Josh Abram | 303-866-3561
josh.abram@coleg.gov
Bill Topic: EQUAL ACCESS TO PUBLIC MEETINGS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☒ Statutory Public Entity
The bill requires that that each state and local public body make public meetings
accessible to persons with disabilities. The bill increases state and local government
expenditures beginning FY 2024-25.
Appropriation
Summary:
For FY 2024-25, the bill requires appropriations totaling $977,340 to multiple state
agencies.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1168
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures General Fund $962,340 $1,284,220
Cash Funds $15,000 $25,290
Centrally Appropriated $131,986 $230,369
Total Expenditures $1,109,326 $1,539,871
Total FTE 7.9 FTE 13.5 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $125,870 $173,246
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February 27, 2024 HB 24-1168
Summary of Legislation
The bill sets requirements for making public meetings accessible to persons with disabilities. A
public meeting occurs whenever public business is discussed, formal action may be taken, or
recommendations may be made to a governing body of a state or local public body.
No later than July 1, 2025, each state and local public body must ensure that:
public meetings be accessible in real time by live streaming video or audio that is recorded
and accessible to persons with disabilities;
documents considered at public meetings are posted online at least 24 hours before a public
meeting, or are available in real time during the meeting and meet current prevailing
internet accessibility standards;
public testimony at a public meeting allows any individual to participate using video
conferencing accessible to persons with disabilities; and
auxiliary aids are provided if requested.
Failure of any public body to comply constitutes discrimination on the basis of disability and
persons alleging discrimination may seek legal relief through the courts or the Colorado Civil
Rights Commission in the Department of Regulatory Agencies.
State Expenditures
The bill increases state expenditures by about $956,000 in FY 2024-25, and by about $1.3 million
in FY 2025-06, paid from the General Fund and cash funds. Table 2 displays these expenditures
for multiple departments. Personal services in FY 2024-25 are prorated for a presumed
September 1 implementation and include standard operating and capital outlay. For agencies
requiring new staff, a Program Assistant II or a similar position is assumed. Additional detail of
these expenditures is provided below.
Table 2
Expenditures Under HB 24-1168
FY 2024-25 FY 2025-26
Behavioral Health Administration
Personal Services $50,676 $63,345
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 -
Software Licensing $15,000 $15,000
Translation, Interpretation & Aux Aids $15,000 $15,000
Centrally Appropriated Costs
1
$13,800 $17,250
FTE – Personal Services 0.8 FTE 1.0 FTE
BHA Subtotal $102,170 $111,875 Page 3
February 27, 2024 HB 24-1168
Table 2
Expenditures Under HB 24-1168 (Cont.)
FY 2024-25 FY 2025-26
Department of Early Childhood
Personal Services $50,676 $63,345
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 -
Translation, Interpretation & Aux Aids $15,000 $15,000
Centrally Appropriated Costs
1
$13,951 $17,439
FTE – Personal Services 0.8 FTE 1.0 FTE
CDEC Subtotal $87,321 $97,064
Department of Education
Personal Services $50,676 $63,345
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 -
Centrally Appropriated Costs
1
$13,484 $16,855
FTE – Personal Services 0.8 FTE 1.0 FTE
CDE Subtotal $71,854 $81,480
Department of Higher Education
Personal Services $50,676 $63,345
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 -
Software Licensing $12,500 $12,500
Translation, Interpretation & Aux Aids $7,500 $7,500
Centrally Appropriated Costs
1
$11,878 $14,848
FTE – Personal Services 0.8 FTE 1.0 FTE
DHE Subtotal $90,248 $99,473
Office of Information Technology
Software Licensing $13,500 $13,500
Translation, Interpretation & Aux Aids $15,000 $15,000
OIT Subtotal $28,500 $28,500
Department of Labor and Employment
Software Licensing $4,000 $4,000
Translation, Interpretation & Aux Aids $11,100 $11,100
CDLE Subtotal $15,100 $15,100
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February 27, 2024 HB 24-1168
Table 2
Expenditures Under HB 24-1168 (Cont.)
FY 2024-25 FY 2025-26
Department of Military and Veterans Affairs
Personal Services $107,687 $126,691
Operating Expenses $2,176 $2,560
Capital Outlay Costs $13,340 -
Centrally Appropriated Costs
1
$25,777 $30,326
FTE – Personal Services 1.7 FTE 2.0 FTE
DMVA Subtotal $148,980 $159,576
Department of Natural Resources
Software Licensing $12,500 $12,500
Translation, Interpretation & Aux Aids $13,000 $13,000
DNR Subtotal $25,500 $25,500
Department of Personnel and Administration
Personal Services $107,687 $126,691
Operating Expenses $2,176 $2,560
Capital Outlay Costs $13,340 -
Centrally Appropriated Costs
1
$30,386 $35,748
FTE – Personal Services 1.7 FTE 2.0 FTE
DPA Subtotal $153,589 $164,998
Department of Public Health and Environment
Personal Services $82,349 $95,018
Operating Expenses $1,664 $1,920
Capital Outlay Costs $13,340 -
Software Licensing $20,000 $20,000
Translation, Interpretation & Aux Aids $216,000 $216,000
Centrally Appropriated Costs
1
$22,710 $26,203
FTE – Personal Services 1.3 FTE 1.5 FTE
CDPHE Subtotal $356,063 $359,141
Department of Regulatory Agencies
Personal Services - $253,381
Operating Expenses - $5,120
Capital Outlay Costs - $26,680
Legal Services $15,000 $15,000
Centrally Appropriated Costs
1
- $71,700
FTE – Personal Services 0.0 FTE 4.0 FTE
DORA Subtotal $15,000 $371,881 Page 5
February 27, 2024 HB 24-1168
Table 2
Expenditures Under HB 24-1168 (Cont.)
Department of State
Software Licensing $15,000 -
Translation, Interpretation & Aux Aids - $25,290
DOS Subtotal $15,000 $25,290
Total Cost $1,109,326 $1,539,871
Total FTE 7.9 FTE 13.5 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Public meeting accessibility. Every agency conducting meetings for public bodies will have
increased expenses for administrative staff and assistance with virtual meeting coordination.
Costs increase to ensure meeting documents are posted on the website in advance, are available
in real time during meetings, and meet current prevailing internet accessibility standards.
Additionally, costs increase for video conferencing platform licensing, for communication access
real time translation (CART) services, and for ASL interpretation and other auxiliary disability aids
that may be requested. Unless otherwise estimated in Table 2, costs are assumed to be
absorbable within state agencies’ current budgets or can be adjusted through the annual
budget process, if needed.
Document accessibility. In addition to the administrative support and information technology
costs for meeting accessibility, the bill also increases expenses for all state agencies to meet
document posting requirements, and to ensure that all documents meet current prevailing
internet accessibility standards. Given the volume of meetings and documents within the
Department of Regulatory Agencies (DORA), additional staff is required in that agency
beginning in FY 2025-26.
Under current law, state agencies must ensure accessibility for departmental public records.
Requiring all third-party documents that might be part of a public meeting to meet accessibility
standards likely increases the cost and workload to convert documents that are not typically part
of a department’s custodial records. If costs exceed resources for this increase, state agencies
will seek additional funding during the annual budget process.
Capital improvement and information technology. Several agencies estimated the need for
capital upgrades and other major information technology purchases. The DHE estimated capital
upgrades for conference rooms at $100,000, the OIT estimated the need for a mobile
conference system at $65,000, and the DMVA estimated a need for over $470,000 for various
information technology and facility upgrades. These estimates have not been included in the
fiscal note estimate, but may be incurred depending on agency strategies for complying with
the bill. It is assumed these large capital and IT costs will be addressed in the annual budget
process, following review by the Capital Development and Joint Technology Committees.
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February 27, 2024 HB 24-1168
State litigation and risk impacts. The bill may increase litigation and risk management costs to
the state if agencies fail to fully comply with the accessibility requirements outlined in the bill. If
such cases occur, state agencies and institutions of higher education will have increased costs
for legal services, provided by the Department of Law. Depending on the outcome of any cases,
settlement or liability payments may be required from the Risk Management Fund in the
Department of Personnel and Administration. State agencies make payments for legal services
and risk management through common policy billings based on costs incurred in prior years. It
is assumed any new costs, if incurred, will be accounted for through the annual budget process.
Other agency impacts. The bill is expected to increase workload and expenses in several other
agencies, including the Judicial Department and the Colorado Civil Rights Commission in DORA
to consider additional cases of alleged discrimination and in the State Archives in the
Department of Personnel and Administration to archive meeting recordings. These costs are
assumed minimal and do not require new appropriations.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These
costs, which include employee insurance and supplemental employee retirement payments, are
shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note,
the bill is expected to increase the amount of General Fund held in reserve by the amounts
shown in Table 1, decreasing the amount of General Fund available for other purposes.
Local Government
Similar to state agencies, all local public bodies and local governments will have increased costs
for virtual meeting coordinators, video conferencing platform licensing, communication access
real time translation (CART) services, ASL interpretation and other auxiliary disability aids, and to
ensure internet document accessibility. In some instances, capital improvement expenses are
also anticipated for local public bodies that do not currently have the necessary meeting spaces
and hardware. These costs have not been estimated per public body.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
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February 27, 2024 HB 24-1168
State Appropriations
For FY 2024-25, the bill requires the following General Fund appropriations:
$88,370 and 0.8 FTE to the Department of Human Services, Behavioral Health Administration;
$73,370 and 0.8 FTE to the Department of Early Childhood Education;
$58,370 and 0.8 FTE to the Colorado Department of Education;
$78,370 and 0.8 FTE to the Department of Higher Education;
$28,500 to the Office of Information Technology;
$15,100 to the Colorado Department of Labor and Employment;
$123,203 and 1.7 FTE to the Department of Military and Veterans Affairs;
$25,500 to the Department of Natural Resources;
$123,203 and 1.7 FTE to the Department of Personnel and Administration;
$333,353 and 1.3 FTE to the Colorado Department of Public Health and Environment; and
$15,000 to the Department of Regulatory Agencies.
For FY 2024-25, the bill requires an appropriation of $15,000 from the Department of State Cash
Fund to the Department of State.
Departmental Difference
All state and local agencies made estimates of the cost to implement accessibility requirements
for public meetings, however those estimates are widely disparate, and in some cases unrelated
to the total number of public bodies conducting public meetings. This fiscal note made
assumptions about the appropriate staffing level needed to support agencies with accessibility
requirements, and applied a uniform cost for new administrative staff for state agencies.
Agencies also estimated a broad range of costs to supply auxiliary disability aids. This fiscal note
made assumptions about the number of public meetings for affected agencies, and estimated a
uniform cost for auxiliary aids. If actual costs exceed these estimates, those resources must be
addressed in the budget process.
The Department of Personnel and Administration estimated a need for about $3.0 million for the
Risk Management Pool. This was assumed to be paid from the General Fund in FY 2024-25, and
from reappropriated funds thereafter. This fiscal note does not estimate a specific appropriation
for risk management, which must instead be calculated when actual costs are known, and
addressed during the budget process.
State and Local Government Contacts
All State Agencies Counties Municipalities
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.