Colorado 2025 Regular Session

Colorado House Bill HB1152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0686.01 Jacob Baus x2173
1	8		HOUSE BILL 25-1152
2		-	BY REPRESENTATIVE(S) Garcia Sander and Lukens, Bacon, Clifford,
3		-	Duran, Lieder, Phillips, Soper, Stewart K., Titone, McCluskie;
4		-	also SENATOR(S) Marchman and Kirkmeyer, Cutter, Exum, Gonzales J.,
5		-	Jodeh, Michaelson Jenet, Snyder, Coleman.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING NONCOMPLIANCE WITH REQUIREMENTS REGARDING
8		-	TECHNOLOGY ACCESSIBILITY FOR PERSONS WITH DISABILITIES WHEN
9		-	THE NONCOMPLIANCE IS CAUSED BY A CONTRACTOR
10		-	.
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 22-1-135, amend
13		-	(2)(d) introductory portion and (2)(d)(III); and add (2)(d)(II)(C), (2)(d)(IV),
14		-	and (2)(e) as follows:
15		-	22-1-135. Terms and conditions in public school contracts -
16		-	definitions. (2) (d) A public school contract must include provisions, and
	13	+	ONCERNING NONCOMPLIANCE WITH REQUIREMENTS REGARDING101
	14	+	TECHNOLOGY ACCESSIBILITY FOR PERSONS WITH DISABILITIES102
	15	+	WHEN THE NONCOMPLIANCE IS CAUSED BY A CONTRACTOR . 103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Under current law, certain provisions are required in a public
	24	+	school contract (contract), and if the provisions are omitted from a
	25	+	contract, the law deems that the provisions are automatically included in
	26	+	the contract. The bill clarifies that the list includes that a contractor is
	27	+	required to comply with accessibility standards for an individual with a
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 4, 2025
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 3, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 10, 2025
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	February 7, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Garcia Sander and Lukens, Bacon, Clifford, Duran, Lieder, McCluskie, Phillips, Soper,
	42	+	Stewart K., Titone
	43	+	SENATE SPONSORSHIP
	44	+	Marchman and Kirkmeyer, Coleman, Cutter, Exum, Gonzales J., Jodeh, Michaelson
	45	+	Jenet, Snyder
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. disability adopted by the office of information technology. The bill adds
	49	+	a provision to the list to require a contractor to indemnify, hold harmless,
	50	+	and assume liability on behalf of a public school contracting entity, the
	51	+	public school, and the public school's employees and agents, for all
	52	+	remedies for noncompliance with standards that ensure technology
	53	+	accessibility to persons with disabilities.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. In Colorado Revised Statutes, 22-1-135, amend2
	56	+	(2)(d) introductory portion and (2)(d)(III); and add (2)(d)(II)(C),3
	57	+	(2)(d)(IV), and (2)(e) as follows:4
	58	+	22-1-135. Terms and conditions in public school contracts -5
	59	+	definitions. (2) (d) A public school contract must include provisions, and6
17	60		if such provisions are nonetheless inadvertently or otherwise
18		-	omitted, shall
19		-	be THE CONTRACT IS deemed to include provisions that:
20		-	(II) Require the contractor to comply with all applicable federal,
21		-	state, and local laws, rules, and regulations in effect when the contract is
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. executed or thereafter established, including, without limitation:
	61	+	omitted,7
	62	+	shall be THE CONTRACT IS deemed to include provisions that:8
	63	+	(II) Require the contractor to comply with all applicable federal,9
	64	+	state, and local laws, rules, and regulations in effect when the contract is10
	65	+	executed or thereafter established, including, without limitation:11
30	66		(C) A
31		-	CCESSIBILITY STANDARDS FOR AN INDIVIDUAL WITH A
32		-	DISABILITY ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY
33		-	PURSUANT TO SECTION
34		-	24-85-103.
35		-	(III) Require the contractor to perform its duties as an independent
36		-	contractor, to pay when due all applicable employment taxes and income
37		-	taxes for its employees incurred in the performance of the contract, and to
38		-	provide and keep in force workers' compensation and unemployment
	67	+	CCESSIBILITY STANDARDS FOR AN INDIVIDUAL WITH A12
	68	+	DISABILITY ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY13
	69	+	PURSUANT TO SECTION 24-85-103.14
	70	+	(III) Require the contractor to perform its duties as an independent15
	71	+	contractor, to pay when due all applicable employment taxes and income16
	72	+	taxes for its employees incurred in the performance of the contract, and17
	73	+	to provide and keep in force workers' compensation and unemployment18
39	74		compensation insurance in the amounts required by law;
40		-	AND
41		-	(IV) REQUIRE THE CONTRACTOR TO INDEMNIFY , HOLD HARMLESS,
42		-	AND ASSUME LIABILITY ON BEHALF OF THE PUBLIC SCHOOL CONTRACTING
43		-	ENTITY
44		-	, THE PUBLIC SCHOOL, AND THE PUBLIC SCHOOL'S EMPLOYEES AND
45		-	AGENTS
46		-	, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES, COURT
47		-	AWARDS
48		-	, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER AMOUNTS
49		-	INCURRED BY A SCHOOL DISTRICT IN RELATION TO A CONTRACTOR
50		-	'S
51		-	NONCOMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN INDIVI DUAL WITH
52		-	A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY
53		-	PURSUANT TO SECTION
54		-	24-85-103.
	75	+	AND19
	76	+	(IV) R
	77	+	EQUIRE THE CONTRACTOR TO INDEMNIFY , HOLD HARMLESS,20
	78	+	AND ASSUME LIABILITY ON BEHALF OF THE PUBLIC SCHOOL CONTRACTING21
	79	+	ENTITY, THE PUBLIC SCHOOL, AND THE PUBLIC SCHOOL'S EMPLOYEES AND22
	80	+	1152-2- AGENTS, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES,1
	81	+	COURT AWARDS, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER2
	82	+	AMOUNTS INCURRED BY A SCHOOL DISTRICT IN RELATION TO A3
	83	+	CONTRACTOR'S NONCOMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN4
	84	+	INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION5
	85	+	TECHNOLOGY PURSUANT TO SECTION 24-85-103.6
55	86		(e) A
56		-	PUBLIC SCHOOL CONTRACTING ENTITY MAY REQUIRE THAT THE
57		-	CONTRACTOR
58		-	'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN
59		-	INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION
60		-	TECHNOLOGY PURSUANT TO SECTION
61		-	24-85-103 IS DETERMINED AND
62		-	ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE PUBLIC
63		-	SCHOOL CONTRACTING ENTITY
64		-	.
65		-	SECTION 2. In Colorado Revised Statutes, 24-85-104, add (5) as
66		-	follows:
67		-	24-85-104. Procurement requirements - criteria -
	87	+	PUBLIC SCHOOL CONTRACTING ENTITY MAY REQUIRE THAT7
	88	+	THE CONTRACTOR'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN8
	89	+	INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION9
	90	+	TECHNOLOGY PURSUANT TO SECTION 24-85-103 IS DETERMINED AND10
	91	+	ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE PUBLIC11
	92	+	SCHOOL CONTRACTING ENTITY .12
	93	+	SECTION 2. In Colorado Revised Statutes, 24-85-104, add (5)
	94	+	13
	95	+	as follows:14
	96	+	24-85-104. Procurement requirements - criteria -15
68	97		implementation - contract terms - definitions. (5) (a) A
69	98		S USED IN THIS
70		-	~~SUBSECTION~~
71		-	(5), UNLESS THE CONTEXT OTHERWISE REQUIRES :
	99	+	16
	100	+	SUBSECTION (5), UNLESS THE CONTEXT OTHERWISE REQUIRES :17
72	101		(I) "C
73	102		ONTRACTOR" MEANS ANY PERSON HAVING A CONTRACT OR
74		-	~~AGREEMENT WITH A STATE AGENCY OR PUBLIC ENTITY~~
75		-	, ~~EXCLUDING~~
76		-	ANOTHER
77		-	~~COLORADO STATE AGENCY , PUBLIC ENTITY, OR EMPLOYEE~~
78		-	~~THEREOF~~
79		-	.
80		-	~~PAGE 2-HOUSE BILL 25-1152 (II) "PUBLIC ENTITY" HAS THE SAME MEANING SET FORTH IN SECTION~~
81		-	24-34-301.
	103	+	18
	104	+	AGREEMENT WITH A STATE AGENCY OR PUBLIC ENTITY , EXCLUDING19
	105	+	ANOTHER COLORADO STATE AGENCY , PUBLIC ENTITY, OR EMPLOYEE20
	106	+	THEREOF.21
	107	+	(II) "P
	108	+	UBLIC ENTITY" HAS THE SAME MEANING SET FORTH IN
	109	+	22
	110	+	SECTION 24-34-301.23
82	111		(b) (I) A
83		-	CONTRACT OR AGREEMENT THAT IS ENTERED INTO BETWEEN
84		-	A STATE AGENCY OR PUBLIC ENTITY AND A CONTRACTOR MUST INCLUDE
85		-	PROVISIONS PROVIDED IN SUBSECTION
86		-	(5)(c) OF THIS SECTION, AND IF SUCH
87		-	PROVISIONS ARE OMITTED
88		-	, THE CONTRACT OR AGREEMENT IS DEEMED TO
89		-	INCLUDE PROVISIONS PROVIDED IN SUBSECTION
90		-	(5)(c) OF THIS SECTION, IF
91		-	THE PRIMARY PURPOSE OF THE CONTRACT IS TO ACQUIRE SUPPLIES OR
92		-	SERVICES
93		-	, CONSTRUCTION, OR THE DISPOSAL OF SUPPLIES FOR THE BENEFIT
94		-	OF THE STATE AGENCY OR PUBLIC ENTITY
95		-	.
	112	+	CONTRACT OR AGREEMENT THAT IS ENTERED INTO
	113	+	24
	114	+	BETWEEN A STATE AGENCY OR PUBLIC ENTITY AND A CONTRACTOR MUST25
	115	+	INCLUDE PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS SECTION,26
	116	+	AND IF SUCH PROVISIONS ARE OMITTED, THE CONTRACT OR AGREEMENT IS27
	117	+	1152
	118	+	-3- DEEMED TO INCLUDE PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS1
	119	+	SECTION, IF THE PRIMARY PURPOSE OF THE CONTRACT IS TO ACQUIRE2
	120	+	SUPPLIES OR SERVICES, CONSTRUCTION, OR THE DISPOSAL OF SUPPLIES FOR3
	121	+	THE BENEFIT OF THE STATE AGENCY OR PUBLIC ENTITY .4
96	122		(II) N
97		-	OTWITHSTANDING SUBSECTION (5)(b)(I) OF THIS SECTION, THIS
98		-	SUBSECTION
99		-	(5) DOES NOT APPLY TO PUBLIC SCHOOL CONTRACTS DESCRIBED
100		-	IN SECTION
101		-	22-1-135, OR CONTRACTS OR AGREEMENTS FOR PROFESSIONAL
102		-	SERVICES AS DEFINED IN SECTION
103		-	24-30-1402.
	123	+	OTWITHSTANDING SUBSECTION (5)(b)(I) OF THIS SECTION,
	124	+	5
	125	+	THIS SUBSECTION (5) DOES NOT APPLY TO PUBLIC SCHOOL CONTRACTS6
	126	+	DESCRIBED IN SECTION 22-1-135, OR CONTRACTS OR AGREEMENTS FOR7
	127	+	PROFESSIONAL SERVICES AS DEFINED IN SECTION 24-30-1402. 8
104	128		(c) (I) T
105	129		HE CONTRACTOR SHALL COMPLY WITH THE ACCESSIBILITY
106		-	~~STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE~~
107		-	~~OF INFORMATION TECHNOLOGY PURSUANT TO SECTION~~
108		-	24-85-103.
	130	+	9
	131	+	STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY ADOPTED BY THE10
	132	+	OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO SECTION 24-85-103.11
109	133		(II) T
110	134		HE CONTRACTOR SHALL INDEMNIFY , HOLD HARMLESS, AND
111		-	ASSUME LIABILITY ON BEHALF OF THE STATE AGENCY OR PUBLIC ENTITY
112		-	,
113		-	AND THE STATE AGENCY'S OR PUBLIC ENTITY'S OFFICERS, EMPLOYEES, AND
114		-	AGENTS
115		-	, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES, COURT
116		-	AWARDS
117		-	, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER AMOUNTS
118		-	INCURRED BY THE STATE AGENCY OR PUBLIC ENTITY IN RELATION TO THE
119		-	CONTRACTOR
120		-	'S NONCOMPLIANCE WITH THE ACCESSIBILITY STANDARDS FOR
121		-	AN INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF
122		-	INFORMATION TECHNOLOGY PURSUANT TO SECTION
123		-	24-85-103.
	135	+	12
	136	+	ASSUME LIABILITY ON BEHALF OF THE STATE AGENCY OR PUBLIC ENTITY ,13
	137	+	AND THE STATE AGENCY'S OR PUBLIC ENTITY'S OFFICERS, EMPLOYEES, AND14
	138	+	AGENTS, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES,15
	139	+	COURT AWARDS, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER16
	140	+	AMOUNTS INCURRED BY THE STATE AGENCY OR PUBLIC ENTITY IN17
	141	+	RELATION TO THE CONTRACTOR 'S NONCOMPLIANCE WITH THE18
	142	+	ACCESSIBILITY STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY19
	143	+	ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO20
	144	+	SECTION 24-85-103.21
124	145		(d) T
125	146		HE STATE AGENCY OR PUBLIC ENTITY MAY REQUIRE THAT THE
126		-	CONTRACTOR
127		-	'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN
128		-	INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION
129		-	TECHNOLOGY PURSUANT TO SECTION
130		-	24-85-103 IS DETERMINED AND
131		-	ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE STATE
132		-	AGENCY OR PUBLIC ENTITY
133		-	.
134		-	SECTION 3. Applicability. This act applies to contracts or
135		-	agreements entered into, amended, or renewed on or after the effective date
136		-	PAGE 3-HOUSE BILL 25-1152 of this act.
137		-	SECTION 4. Act subject to petition - effective date. This act
138		-	takes effect at 12:01 a.m. on the day following the expiration of the
139		-	ninety-day period after final adjournment of the general assembly; except
140		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
141		-	of the state constitution against this act or an item, section, or part of this act
142		-	within such period, then the act, item, section, or part will not take effect
143		-	unless approved by the people at the general election to be held in
144		-	PAGE 4-HOUSE BILL 25-1152 November 2026 and, in such case, will take effect on the date of the official
145		-	declaration of the vote thereon by the governor.
146		-	____________________________ ____________________________
147		-	Julie McCluskie James Rashad Coleman, Sr.
148		-	SPEAKER OF THE HOUSE PRESIDENT OF
149		-	OF REPRESENTATIVES THE SENATE
150		-	____________________________ ____________________________
151		-	Vanessa Reilly Esther van Mourik
152		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
153		-	OF REPRESENTATIVES THE SENATE
154		-	APPROVED________________________________________
155		-	(Date and Time)
156		-	_________________________________________
157		-	Jared S. Polis
158		-	GOVERNOR OF THE STATE OF COLORADO
159		-	PAGE 5-HOUSE BILL 25-1152
	147	+	22
	148	+	CONTRACTOR'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN23
	149	+	INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION24
	150	+	TECHNOLOGY PURSUANT TO SECTION 24-85-103 IS DETERMINED AND25
	151	+	ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE STATE26
	152	+	AGENCY OR PUBLIC ENTITY.27
	153	+	1152
	154	+	-4- SECTION 3. Applicability. This act applies to contracts or1
	155	+	agreements entered into, amended, or renewed on or after the effective2
	156	+	date of this act.3
	157	+	SECTION 4. Act subject to petition - effective date. This act4
	158	+	takes effect at 12:01 a.m. on the day following the expiration of the5
	159	+	ninety-day period after final adjournment of the general assembly; except6
	160	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
	161	+	of the state constitution against this act or an item, section, or part of this8
	162	+	act within such period, then the act, item, section, or part will not take9
	163	+	effect unless approved by the people at the general election to be held in10
	164	+	November 2026 and, in such case, will take effect on the date of the11
	165	+	official declaration of the vote thereon by the governor.12
	166	+	1152
	167	+	-5-