Amendments for HB25-1152
Senate Journal, March 27
After consideration on the merits, the Committee recommends that HB25-1152 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, after line 12 insert:
"SECTION 2. In Colorado Revised Statutes, 24-85-104, add (5) as
follows:
24-85-104. Procurement requirements - criteria - implementation
- contract terms - definitions. (5) (a) AS USED IN THIS SUBSECTION (5), UNLESS
THE CONTEXT OTHERWISE REQUIRES:
(I) "CONTRACTOR" MEANS ANY PERSON HAVING A CONTRACT OR
AGREEMENT WITH A STATE AGENCY OR PUBLIC ENTITY, EXCLUDING ANOTHER
COLORADO STATE AGENCY, PUBLIC ENTITY, OR EMPLOYEE THEREOF.
(II) "PUBLIC ENTITY" HAS THE SAME MEANING SET FORTH IN SECTION
24-34-301.
(b) (I) A CONTRACT OR AGREEMENT THAT IS ENTERED INTO BETWEEN
A STATE AGENCY OR PUBLIC ENTITY AND A CONTRACTOR MUST INCLUDE
PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS SECTION, AND IF SUCH
PROVISIONS ARE OMITTED, THE CONTRACT OR AGREEMENT IS DEEMED TO
INCLUDE PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS SECTION, IF THE
PRIMARY PURPOSE OF THE CONTRACT IS TO ACQUIRE SUPPLIES OR SERVICES,
CONSTRUCTION, OR THE DISPOSAL OF SUPPLIES FOR THE BENEFIT OF THE STATE
AGENCY OR PUBLIC ENTITY.
(II) NOTWITHSTANDING SUBSECTION (5)(b)(I) OF THIS SECTION, THIS
SUBSECTION (5) DOES NOT APPLY TO PUBLIC SCHOOL CONTRACTS DESCRIBED IN
SECTION 22-1-135, OR CONTRACTS OR AGREEMENTS FOR PROFESSIONAL
SERVICES AS DEFINED IN SECTION 24-30-1402.
(c) (I) THE CONTRACTOR SHALL COMPLY WITH THE ACCESSIBILITY
STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF
INFORMATION TECHNOLOGY PURSUANT TO SECTION 24-85-103.
(II) THE CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND
ASSUME LIABILITY ON BEHALF OF THE STATE AGENCY OR PUBLIC ENTITY, AND
THE STATE AGENCY'S OR PUBLIC ENTITY'S OFFICERS, EMPLOYEES, AND AGENTS,
FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES, COURT AWARDS,
ATTORNEY FEES AND RELATED COSTS, AND ANY OTHER AMOUNTS INCURRED BY
THE STATE AGENCY OR PUBLIC ENTITY IN RELATION TO THE CONTRACTOR'S
NONCOMPLIANCE WITH THE ACCESSIBILITY STANDARDS FOR AN INDIVIDUAL
WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY
PURSUANT TO SECTION 24-85-103.
(d) THE STATE AGENCY OR PUBLIC ENTITY MAY REQUIRE THAT THE
CONTRACTOR'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN
INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION
TECHNOLOGY PURSUANT TO SECTION 24-85-103 IS DETERMINED AND ATTESTED
TO BY A QUALIFIED THIRD PARTY SELECTED BY THE STATE AGENCY OR PUBLIC
ENTITY.".
Renumber succeeding section accordingly.
Education
Senate Journal, April 3
HB25-1152 by Representative(s) Garcia Sander and Lukens; also Senator(s) Marchman and
Kirkmeyer--Concerning noncompliance with requirements regarding technology
accessibility for persons with disabilities when the noncompliance is caused by a
contractor.
Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, March 27, page(s) 584 and placed in members' bill files.)
Amendment No. 2(L.003), by Senator Marchman.
Amend reengrossed bill, page 3, before line 13 insert:
"SECTION 3. Applicability. This act applies to contracts or
agreements entered into, amended, or renewed on or after the effective date of
this act.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar for third reading and final
passage.