As used in this article 85, unless the context otherwise requires:
(1) Access means the ability to receive, use, and manipulate data and operate controls included in information technology.
(1.5) Accessible or accessibility means perceivable, operable, and understandable digital content that reasonably enables an individual with a disability to access the same information, engage in the same interactions, and enjoy the same services offered to other individuals, with the same privacy, independence, and ease of use as exists for individuals without a disability.
(2) Blind or visually impaired individual means an individual who:
(a) Has a visual acuity of 20/200 or less in the better eye with corrective lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees;
(b) Has a medically indicated expectation of visual deterioration; or
(c) Has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability.
(2.3) Disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(2.7) Individual with a disability has the same meaning as qualified individual with a disability as defined in subsection (5.5) of this section.
(3) Repealed.
(4) Information technology means all electronic information processing hardware and software, including telecommunications.
(5) Nonvisual means synthesized speech, Braille, and other output methods not requiring sight.
(5.3) Office of information technology means the office of information technology created in section 24-37.5-103.
(5.5) Qualified individual with a disability or individual with a disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(6) State agency means the state or any of its principal departments, agencies, or boards or commissions.
(7) Telecommunications means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.
Source: L. 2000: Entire article added, p. 1504, � 1, effective August 2. L. 2007: (3) repealed, p. 918, � 22, effective May 17. L. 2021: IP amended and (1.5), (2.3), (2.7), (5.3), and (5.5) added, (HB 21-1110), ch. 402, p. 2676, � 4, effective June 30. L. 2023: (1.5) amended, (SB 23-244), ch. 100, p. 369, � 1, effective April 20.
24-85-103. Accessibility standards for individuals with a disability - appropriation - repeal. (1) The chief information officer in the office of information technology shall establish in rule pursuant to section 24-37.5-106 (4) accessibility standards for an individual with a disability for information technology systems employed by state agencies that:
(a) Provide an individual with a disability with access to information stored electronically by state agencies by ensuring compatibility with adaptive technology systems so that an individual with a disability has full and equal access when needed; and
(b) Are designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use, such as the use of text-only options.
(1.5) The chief information officer in the office of information technology shall, consistent with the responsibilities of the office, promote and monitor the accessibility standards for individuals with a disability in the state's information technology infrastructure. Each state agency is directed to comply with the accessibility standards for individuals with a disability, established by the office of information technology pursuant to subsection (2.5) of this section, in the creation and promulgation of any online content and materials used by such state agency.
(2) The chief information officer in the office of information technology shall consult with state agencies and representatives of individuals with a disability in maintaining the accessibility standards for individuals with a disability described in subsection (1) of this section and the procurement criteria described in section 24-85-104.
(2.5) The chief information officer in the office of information technology shall promulgate rules that establish accessibility standards for individuals with a disability based on and including, but not limited to, the most recent web content accessibility guidelines promulgated and published by the world wide web consortium web accessibility initiative or the international accessibility guidelines working group, or any successor group or organization, or any subsequent updates or revisions to such guidelines by any successor group or organization when establishing the accessibility standards for individuals with a disability.
(3) On or before July 1, 2024, each state agency shall fully implement the accessibility standards for individuals with a disability. Any state agency not in compliance with the accessibility standards pursuant to subsection (2.5) of this section after July 1, 2024, is in violation of section 24-34-802 and is subject to the remedies for noncompliance set forth in section 24-34-802.
(4) (a) Any unexpended and unencumbered money appropriated to a department in a specific line item for information technology accessibility for fiscal year 2023-24 remains available for expenditure by the department through fiscal year 2025-26 without further appropriation for the department to comply with information technology accessibility standards. At the end of fiscal year 2025-26, money that is unexpended or unencumbered reverts to the fund from which it was appropriated.
(b) This subsection (4) is repealed, effective July 1, 2027.
Source: L. 2000: Entire article added, p. 1505, � 1, effective August 2. L. 2007: IP(1) and (2) amended, p. 917, � 17, effective May 17. L. 2021: Entire section amended, (HB 21-1110), ch. 402, p. 2677, � 5, effective June 30. L. 2023: IP(1), (1.5), (2.5), and (3) amended and (4) added, (SB 23-244), ch. 100, p. 369, � 2, effective April 20.
24-85-104. Procurement requirements - criteria - implementation - contract terms - definitions. (1) The office of information technology shall approve minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual or other disability access uses.
(2) Nothing in this article 85 requires the installation of software or peripheral devices used for accessibility for an individual with a disability when the information technology is being used by individuals who are not disabled. Nothing in this article 85 requires the purchase of adaptive equipment by a state agency.
(3) Notwithstanding subsection (2) of this section, the applications, programs, and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of and be compatible with software and peripheral devices that provide accessibility to an individual with a disability.
(4) Compliance with the procurement requirements of this section must be achieved at the time of procurement of an upgrade or replacement of existing information technology equipment or software.
(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.
Source: L. 2000: Entire article added, p. 1505, � 1, effective August 2. L. 2007: (1) amended, p. 917, � 18, effective May 17. L. 2021: Entire section amended, (HB 21-1110), ch. 402, p. 2678, � 6, effective June 30. L. 2025: (5) added, (HB 25-1152), ch. 246, p. 1240, � 2, effective August 6.
Editor's note: Section 3 of chapter 246 (HB 25-1152), Session Laws of Colorado 2025, provides that the act changing this section applies to contracts or agreements entered into, amended, or renewed on or after August 6, 2025.
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