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April 11, 2024 HB 24-1168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated February 27, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0541
Rep. Froelich; Rutinel
Sen. Hinrichsen
Date:
Bill Status:
Fiscal Analyst:
April 11, 2024
House Appropriations
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, and potentially increases state revenue, beginning FY 2024-25.
Appropriation
Summary:
No appropriation is required for FY 2024-25. New state expenditures begin
FY 2025-26.
Fiscal Note
Status:
The revised fiscal note reflects the introduced bill, as amended by the House
Transportation, Housing, and Local Government Committee.
Table 1
State Fiscal Impacts Under HB 24-1168
Budget Year
FY 2024-25
Out Year
FY 2025-26
Out Year
FY 2026-27
Revenue - - -
Expenditures General Fund - $1,191,352 $1,144,039
Cash Funds - $15,000 $25,290
Centrally Appropriated - $153,307 $158,669
Total Expenditures - $1,359,659 $1,327,998
Total FTE - 9.2 FTE 9.5 FTE
Transfers - - -
Other Budget Impacts General Fund Reserve - $178,703 $171,606
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April 11, 2024 HB 24-1168
Summary of Legislation
The bill sets requirements for making public meetings accessible to persons with disabilities. The
bill applies to all state and local public bodies, with separate requirements for any authority,
district, or other political subdivision of the state with fewer than 1,000 eligible electors (small
communities).
Beginning July 1, 2025, for any meeting of a state or local public body where a public notice is
required under the Colorado Open Meetings Law; where a proposed policy, position, resolution,
rule, regulation or other formal action occurs; or where public testimony or comment will be
heard, the public body must:
provide auxiliary services upon timely request to individuals with disabilities;
make the meeting accessible in real time by live streaming video or audio;
post documents online at least 24 hours before the meeting, or as soon as practicable; and
allow individuals who wish to participate remotely to provide public comment virtually.
Beginning July 1, 2025, for public meetings of a small community local public body where formal
action is taken or testimony is heard, and if requested, the local public body must:
provide a remote method for individuals to attend and to provide testimony or comment
when applicable; and
allow remote access to or electronic transmission of meeting documents available to the
public.
An individual with a disability who is subject to a violation of the bill by a state public body or
local public body based on the individual's disability may seek relief in the courts. If the court
finds that a violation occurred, the public body is subject to either a fine of $3,000, or an amount
equal to one percent of public body's prior fiscal year revenue, whichever is less. The fine is
payable to each individual subject to a violation, or to the Colorado Commission for the Deaf,
Hard of Hearing, and Deafblind Cash Fund in the Department of Human Services, at the
individual's choosing.
State Revenue
The bill may increase state revenue from fines to the Colorado Commission for the Deaf, Hard of
Hearing, and Deafblind Cash Fund in the Department of Human Services. The amount of
revenue will depend on the level of noncompliance by public bodies, as well as the decision by
individuals alleging a violation to choose to have the fine deposited into the fund, rather than
payable to themselves. For this reason, the amount of potential fine revenue cannot be
estimated.
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April 11, 2024 HB 24-1168
State Expenditures
The bill increases state expenditures by about $1.2 million in FY 2024-25 and FY 2025-26, paid
from the General Fund and cash funds. Table 2 displays these expenditures for multiple
departments. Personal services 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 FY 2026-27
Behavioral Health Administration
Personal Services - $63,345 $63,345
Operating Expenses - $1,280 $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
- $17,250 $17,250
FTE – Personal Services - 1.0 FTE 1.0 FTE
BHA Subtotal - $118,545 $111,875
Department of Early Childhood
Personal Services - $63,345 $63,345
Operating Expenses - $1,280 $1,280
Capital Outlay Costs - $6,670 -
Software and Licensing - -
Translation, Interpretation & Aux Aids - $15,000 $15,000
Centrally Appropriated Costs
1
- $17,439 $17,439
FTE – Personal Services - 1.0 FTE 1.0 FTE
CDEC Subtotal - $103,734 $97,064
Department of Education
Personal Services - $63,345 $63,345
Operating Expenses - $1,280 $1,280
Capital Outlay Costs - $6,670 -
Software & Licensing - -
Translation, Interpretation & Aux Aids $160,000 $160,000
Centrally Appropriated Costs
1
- $16,855 $16,855
FTE – Personal Services - 1.0 FTE 1.0 FTE
CDE Subtotal - $248,150 $241,480
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April 11, 2024 HB 24-1168
Table 2
Expenditures Under HB 24-1168 (Cont.)
FY 2024-25 FY 2025-26 FY 2026-27
Department of Higher Education
Personal Services - $63,345 $63,345
Operating Expenses - $1,280 $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
- $14,848 $14,848
FTE – Personal Services - 1.0 FTE 1.0 FTE
DHE Subtotal - $106,143 $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
Department of Military and Veterans Affairs
Personal Services - $126,691 $126,691
Operating Expenses - $2,560 $2,560
Capital Outlay Costs - $13,340 -
Centrally Appropriated Costs
1
- $30,326 $30,326
FTE – Personal Services - 2.0 FTE 2.0 FTE
DMVA Subtotal - $172,917 $159,577
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 Page 5
April 11, 2024 HB 24-1168
Table 2
Expenditures Under HB 24-1168 (Cont.)
FY 2024-25 FY 2025-26 FY 2026-27
Department of Public Health and Environment
Personal Services - $95,018 $95,018
Operating Expenses - $1,920 $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
- $26,203 $26,203
FTE – Personal Services - 1.5 FTE 1.5 FTE
CDPHE Subtotal - $372,481 $359,141
Department of State
Software Licensing - $15,000 -
Translation, Interpretation & Aux Aids - - $25,290
DOS Subtotal - $15,000 $25,290
Total Cost - $1,359,659 $1,327,998
Total FTE - 9.2 FTE 9.5 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 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.
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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April 11, 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, not to exceed $3,000 per individual. 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.
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, 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. In the event of noncompliance, local governments may be subject to a $3,000
fine for each violation. 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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April 11, 2024 HB 24-1168
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 affected by the bill. This fiscal
note made assumptions about the appropriate staffing level needed to support agencies with
accessibility requirements, and applied a uniform cost methodology 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 costs for auxiliary aids accordingly. 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.