A Bill for an Act
Page 1, Line 101Concerning measures to improve access to mental health
Page 1, Line 102services, and, in connection therewith, creating an
Page 1, Line 103enterprise to impose a fee to fund mental health
Page 1, Line 104services and creating a program to facilitate access to
Page 1, Line 105mental health services for adults.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill establishes the adult mental health services program (program) to facilitate access for adults to mental health services, including substance use disorder services, and to respond to identified mental health needs. The program reimburses providers for up to 6 mental health sessions with an adult and may provide additional reimbursement, subject to available money. The adult mental health program enterprise (enterprise), created in the bill, creates, operates, and funds the program. The enterprise is required to enter into an agreement with a vendor to create or use an existing website or web-based application as a portal that is available to adults and providers to facilitate the program. The department of human services is required to annually report to the general assembly about the program.
The bill establishes the internet-enabled mental health access grant program (grant program) to award grants to entities that use the internet to facilitate mental health services. The enterprise administers the grant program. The enterprise shall annually report to the health and human services committees of the house of representatives and the senate about the grant program.
The bill creates the mental health services enterprise as a government-owned business within the behavioral health administration for the business purpose of imposing and collecting a surcharge on internet service account holders in Colorado and to use the surcharge revenue to create, operate, and fund the adult mental health services program and internet-enabled mental health access grant program. Each internet service provider shall collect from its account holders located in Colorado the mental health services access surcharge and remit the surcharge to the enterprise.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 6 to article
Page 2, Line 360 of title 27 as follows:
Page 2, Line 4PART 6
Page 2, Line 5MENTAL HEALTH ACCESS AND ENTERPRISE
Page 2, Line 627-60-601. Short title.
Page 2, Line 7The short title of this part 6 is the "Colorado Mental
Page 2, Line 8Health Access Act".
Page 2, Line 927-60-602. Legislative declaration.
Page 2, Line 10(1) The general assembly finds and declares that:
Page 2, Line 11(a) Mental health services programs that utilize the
Page 3, Line 1internet to facilitate mental health services provide valuable
Page 3, Line 2benefits to internet service account holders by making mental
Page 3, Line 3health services accessible to everyone in the state. Coloradans'
Page 3, Line 4access to mental health services has increased due to the
Page 3, Line 5availability of telehealth appointments, which use the internet
Page 3, Line 6to conduct video or audio appointments. Telehealth allows a
Page 3, Line 7provider to assess, diagnose, consult, treat, and provide care
Page 3, Line 8management services for a person located at a different site
Page 3, Line 9from the provider. Mental health service programs that utilize
Page 3, Line 10the internet, including the adult mental health services
Page 3, Line 11program created in this part 6, will provide valuable benefits
Page 3, Line 12and services to internet service account holders statewide
Page 3, Line 13when the mental health services enterprise funds the programs.
Page 3, Line 14The programs will facilitate increased access to mental health
Page 3, Line 15services available from any jurisdiction in Colorado.
Page 3, Line 16(b) By providing the benefits and services specified in
Page 3, Line 17subsection (1)(a) of this section, the mental health services
Page 3, Line 18enterprise engages in an activity conducted in the pursuit of a
Page 3, Line 19benefit, gain, or livelihood, and therefore operates as a
Page 3, Line 20business;
Page 3, Line 21(c) Consistent with the determination of the Colorado
Page 3, Line 22supreme court in Nicholl v. E-470 Public Highway Authority, 896
Page 3, Line 23P.2d 859 (Colo. 1995), that the power to impose taxes is
Page 3, Line 24inconsistent with enterprise status under section 20 of article
Page 3, Line 25X of the state constitution, it is the conclusion of the general
Page 3, Line 26assembly that the surcharge imposed by the enterprise is a fee,
Page 3, Line 27not a tax, because the surcharge is imposed for the specific
Page 4, Line 1purpose of allowing the enterprise to defray the costs of
Page 4, Line 2providing the benefits and services specified in subsection (1)(a)
Page 4, Line 3of this section to users of internet service accounts and the
Page 4, Line 4surcharge is imposed at a rate that is reasonably calculated
Page 4, Line 5based on the cost of the services received by users of internet
Page 4, Line 6service accounts;
Page 4, Line 7(d) So long as the mental health services enterprise
Page 4, Line 8qualifies as an enterprise for purposes of section 20 of article X
Page 4, Line 9of the state constitution, the revenue from the surcharge
Page 4, Line 10imposed by the enterprise is not state fiscal year spending, as
Page 4, Line 11defined in section 24-77-102 (17), or state revenues, as defined in
Page 4, Line 12section 24-77-103.6 (6)(c), and does not count against either the
Page 4, Line 13state fiscal year spending limit imposed by section 20 of article
Page 4, Line 14X of the state constitution or the excess state revenues cap, as
Page 4, Line 15defined in section 24-77-103.6 (6)(b)(I); and
Page 4, Line 16(e) No other enterprise created simultaneously or within
Page 4, Line 17the preceding five years serves primarily the same purpose as the
Page 4, Line 18mental health services enterprise, and the mental health
Page 4, Line 19services enterprise will generate revenue from surcharges of
Page 4, Line 20less than one hundred million dollars total in its first five
Page 4, Line 21fiscal years. Accordingly, the creation of the mental health
Page 4, Line 22services enterprise does not require voter approval pursuant to
Page 4, Line 23section 24-77-108.
Page 4, Line 2427-60-603. Definitions.
Page 4, Line 25As used in this part 6, unless the context otherwise
Page 4, Line 26requires:
Page 4, Line 27(1) "Adult mental health services program" or "program"
Page 5, Line 1means the program created in section 27-60-604.
Page 5, Line 2(2) "Behavioral health administration" or "BHA" means
Page 5, Line 3the behavioral health administration established in section
Page 5, Line 427-50-102.
Page 5, Line 5(3) "Eligible adult" means an individual who is not a
Page 5, Line 6youth, as defined in section 27-60-109 (1)(e).
Page 5, Line 7(4) "Enterprise" means the mental health services
Page 5, Line 8enterprise created in section 27-60-606.
Page 5, Line 9(5) "Grant program" means the internet-enabled mental
Page 5, Line 10health access grant program created in section 27-60-605.
Page 5, Line 11(6) "Internet service account holder" or "account
Page 5, Line 12holder" means a person who maintains an account with an
Page 5, Line 13internet service provider to receive broadband internet access
Page 5, Line 14service, as defined in section 40-15-209 (4)(a).
Page 5, Line 15(7) "Internet service provider" has the meaning set forth
Page 5, Line 16in section 40-15-209 (4)(b).
Page 5, Line 17(8) "Mental health service provider" means a licensed
Page 5, Line 18psychiatrist regulated pursuant to article 240 of title 12 or any
Page 5, Line 19of the following licensees, certified professionals, or
Page 5, Line 20candidates regulated pursuant to article 245 of title 12: A
Page 5, Line 21licensed psychologist or psychologist candidate; licensed social
Page 5, Line 22worker, licensed clinical social worker, or clinical social
Page 5, Line 23worker candidate; licensed marriage and family therapist or
Page 5, Line 24marriage and family therapist candidate; licensed professional
Page 5, Line 25counselor or licensed professional counselor candidate; or
Page 5, Line 26licensed addiction counselor, certified addiction specialist, or
Page 5, Line 27addiction counselor candidate.
Page 6, Line 1(9) "Mental health services enterprise cash fund" or
Page 6, Line 2"fund" means the mental health services enterprise cash fund
Page 6, Line 3created in section 27-60-606 (5).
Page 6, Line 4(10) "Participant" means an individual who participates in
Page 6, Line 5a mental health session that is reimbursed pursuant to the
Page 6, Line 6program.
Page 6, Line 7(11) "Portal" means the website or web-based application
Page 6, Line 8described in section 27-60-604 (3) that facilitates the program.
Page 6, Line 9(12) "Surcharge" means the mental health services access
Page 6, Line 10surcharge imposed by the enterprise pursuant to section
Page 6, Line 1127-60-606 (2)(a).
Page 6, Line 12(13) "Telehealth" has the same meaning set forth in
Page 6, Line 13section 10-16-123 (4)(e).
Page 6, Line 1427-60-604. Adult mental health services program - created -
Page 6, Line 15report - rules.
Page 6, Line 16(1) (a) The adult mental health services program is
Page 6, Line 17established to facilitate eligible adults' access to mental
Page 6, Line 18health services, including substance use disorder services, and
Page 6, Line 19to respond to mental health needs identified in an initial mental
Page 6, Line 20health screening conducted through the portal. The program
Page 6, Line 21reimburses mental health service providers for up to six mental
Page 6, Line 22health sessions with an eligible adult.
Page 6, Line 23(b) The mental health services enterprise shall create,
Page 6, Line 24operate, and fund the program. The enterprise shall consult
Page 6, Line 25with the BHA in the creation and operation of the program.
Page 6, Line 26(c) The program must reimburse mental health service
Page 6, Line 27providers who participate in the program for each mental health
Page 7, Line 1session with a participant, either in person or by telehealth, up
Page 7, Line 2to a maximum of six sessions per participant; except that, subject
Page 7, Line 3to available money, the program may reimburse a provider for
Page 7, Line 4additional sessions. To be eligible for reimbursement from the
Page 7, Line 5program, a mental health service provider must be available to
Page 7, Line 6provide at least six mental health sessions to each participant
Page 7, Line 7the provider accepts as a client.
Page 7, Line 8(d) A mental health service provider shall maintain client
Page 7, Line 9confidentiality pursuant to state or federal law with regard to
Page 7, Line 10a client who participates in a mental health session with the
Page 7, Line 11provider who is reimbursed pursuant to the program.
Page 7, Line 12(2) (a) The enterprise shall:
Page 7, Line 13(I) Develop a process consistent with the requirements of
Page 7, Line 14this section for mental health service providers to apply for,
Page 7, Line 15and demonstrate eligibility to receive, reimbursement from the
Page 7, Line 16program;
Page 7, Line 17(II) Determine a reasonable rate of reimbursement for
Page 7, Line 18each mental health session provided pursuant to the program.
Page 7, Line 19The rate must be the same regardless of whether the
Page 7, Line 20appointment is an in-person or telehealth appointment.
Page 7, Line 21(III) Implement a statewide public awareness and outreach
Page 7, Line 22campaign about the program. The general assembly encourages
Page 7, Line 23the enterprise to involve health-care providers, faith-based
Page 7, Line 24organizations, and other community-based organizations in
Page 7, Line 25disseminating information about the program.
Page 7, Line 26(b) The enterprise may adopt rules necessary for the
Page 7, Line 27administration of this section, including rules to protect the
Page 8, Line 1privacy of program participants.
Page 8, Line 2(3) The enterprise shall enter into an agreement with a
Page 8, Line 3vendor to create or use an existing website or web-based
Page 8, Line 4application as a portal that is available to eligible adults,
Page 8, Line 5participants, and mental health service providers to facilitate
Page 8, Line 6the program. The portal must:
Page 8, Line 7(a) Serve as a platform for initial mental health
Page 8, Line 8screenings to determine if an eligible adult may benefit from
Page 8, Line 9mental health support;
Page 8, Line 10(b) Allow mental health service providers to register and
Page 8, Line 11share in-person or telehealth appointment availability;
Page 8, Line 12(c) When possible, connect an eligible adult with mental
Page 8, Line 13health service providers who accept the eligible adult's
Page 8, Line 14insurance or payment source, which may cover the costs of
Page 8, Line 15ongoing mental health treatment, if the eligible adult has
Page 8, Line 16insurance or a payment source; and
Page 8, Line 17(d) Allow an eligible adult, regardless of whether the
Page 8, Line 18eligible adult has insurance or any other payment source, to
Page 8, Line 19schedule telehealth appointments with a mental health service
Page 8, Line 20provider. An in-person appointment may be provided if and when
Page 8, Line 21available.
Page 8, Line 22(4) (a) On or before June 1, 2028, and on or before June 1 of
Page 8, Line 23each year thereafter, the vendor described in subsection (3) of
Page 8, Line 24this section shall deliver to the enterprise any of the following,
Page 8, Line 25collected during the prior year:
Page 8, Line 26(I) Information about the program collected from
Page 8, Line 27surveys of participants and mental health service providers;
Page 9, Line 1and
Page 9, Line 2(II) Data from evaluations conducted by the vendor
Page 9, Line 3about the efficacy of the program, including whether the
Page 9, Line 4program is serving the mental health needs of participants.
Page 9, Line 5(b) On a schedule determined by the enterprise, but at
Page 9, Line 6least annually, the enterprise shall conduct a survey of each
Page 9, Line 7mental health service provider who participates in the program
Page 9, Line 8that solicits feedback about the following:
Page 9, Line 9(I) The met and unmet mental health needs of the
Page 9, Line 10participants who received treatment from the provider;
Page 9, Line 11(II) Whether the provider made referrals for participants
Page 9, Line 12for additional services beyond what is provided pursuant to the
Page 9, Line 13program; and
Page 9, Line 14(III) Any other elements of the program.
Page 9, Line 15(c) The enterprise shall provide information to the state
Page 9, Line 16department, including information learned from vendors and
Page 9, Line 17mental health service providers pursuant to subsections (4)(a)
Page 9, Line 18and (4)(b) of this section, necessary for the state department to
Page 9, Line 19make its report described in subsection (5) of this section to the
Page 9, Line 20house of representatives health and human services committee
Page 9, Line 21and the senate health and human services committee, or any
Page 9, Line 22successor committee.
Page 9, Line 23(d) This subsection (4) does not authorize the enterprise,
Page 9, Line 24the state department, the BHA, a mental health service
Page 9, Line 25provider, a vendor, or any other person to violate applicable
Page 9, Line 26federal or state patient privacy laws.
Page 9, Line 27(5) (a) On or before June 30, 2027, and on or before June 30
Page 10, Line 1of each year thereafter, the state department shall report to
Page 10, Line 2the house of representatives health and human services
Page 10, Line 3committee and the senate health and human services committee,
Page 10, Line 4or their successor committees, regarding the number of
Page 10, Line 5participants who received services under the program, excluding
Page 10, Line 6any personally identifiable information in accordance with
Page 10, Line 7state and federal law; information in aggregate about the
Page 10, Line 8services provided to participants under the program; other
Page 10, Line 9relevant information regarding the program; and the
Page 10, Line 10information reported to the enterprise by the vendor pursuant
Page 10, Line 11to subsection (4)(a) of this section.
Page 10, Line 12(b) Notwithstanding section 24-1-136 (11)(a)(I), the
Page 10, Line 13requirement to submit the report required in this subsection (5)
Page 10, Line 14continues indefinitely.
Page 10, Line 1527-60-605. Internet-enabled mental health access grant
Page 10, Line 16program - policies, procedures, and guidelines - report.
Page 10, Line 17(1) (a) The internet-enabled mental health access grant
Page 10, Line 18program is created to award grants to entities that use the
Page 10, Line 19internet to facilitate mental health services.
Page 10, Line 20(b) The mental health services enterprise shall create,
Page 10, Line 21operate, and fund the grant program. The enterprise shall
Page 10, Line 22consult with the BHA in the creation and operation of the grant
Page 10, Line 23program.
Page 10, Line 24(2) To be eligible for a grant award, an entity must
Page 10, Line 25operate a program that uses the internet, including a website,
Page 10, Line 26online service, online application, or mobile application, to
Page 10, Line 27facilitate access to or provide mental health services, including
Page 11, Line 1screening for mental health needs, facilitating provider
Page 11, Line 2referrals, or hosting telehealth mental health appointments.
Page 11, Line 3An entity is not required to exclusively use the internet to
Page 11, Line 4facilitate access to or provide services to be eligible for a grant
Page 11, Line 5award.
Page 11, Line 6(3) (a) The enterprise shall adopt, and post publicly on the
Page 11, Line 7BHA's website, policies, procedures, and guidelines for the grant
Page 11, Line 8program that include, at a minimum:
Page 11, Line 9(I) Procedures and time lines by which an eligible recipient
Page 11, Line 10may apply for a grant;
Page 11, Line 11(II) Criteria for determining grant eligibility and the
Page 11, Line 12amount of grant awards; and
Page 11, Line 13(III) Reporting requirements for grant recipients that
Page 11, Line 14include reporting the use of a grant award.
Page 11, Line 15(b) The enterprise shall review grant applications and
Page 11, Line 16award grants in accordance with the grant program's policies,
Page 11, Line 17procedures, and guidelines.
Page 11, Line 18(4) (a) On or before January 31, 2028, and on or before
Page 11, Line 19January 31 of each year thereafter, the enterprise shall submit
Page 11, Line 20a report to the house of representatives health and human
Page 11, Line 21services committee and the senate health and human services
Page 11, Line 22committee, or their successor committees, with information
Page 11, Line 23about the grant program's activities during the preceding year.
Page 11, Line 24The enterprise shall also post the annual report on the BHA's
Page 11, Line 25website. The report must include the number and total amount
Page 11, Line 26of grants awarded by the grant program, the recipient and
Page 11, Line 27amount of each grant awarded, and the use of each grant
Page 12, Line 1award.
Page 12, Line 2(b) Notwithstanding the requirement in section 24-1-136
Page 12, Line 3(11)(a)(I), the requirement to submit the report required in this
Page 12, Line 4subsection (4) continues indefinitely.
Page 12, Line 527-60-606. Mental health services enterprise - created - board
Page 12, Line 6- powers and duties - rules and policies - cash fund - repeal.
Page 12, Line 7(1) (a) There is created in the behavioral health
Page 12, Line 8administration the mental health services enterprise. The
Page 12, Line 9enterprise is and operates as a government-owned business
Page 12, Line 10within the BHA for the business purpose of imposing and
Page 12, Line 11collecting surcharges pursuant to this section, and utilizing the
Page 12, Line 12surcharge revenue to create, operate, and fund the adult
Page 12, Line 13mental health services program and the internet-enabled
Page 12, Line 14mental health access grant program. The enterprise is a type 1
Page 12, Line 15entity, as defined in section 24-1-105, and exercises its power and
Page 12, Line 16performs its duties and functions under the BHA.
Page 12, Line 17(b) The enterprise constitutes an enterprise for purposes
Page 12, Line 18of section 20 of article X of the state constitution so long as it
Page 12, Line 19retains the authority to issue revenue bonds and receives less
Page 12, Line 20than ten percent of its total revenues in grants from all
Page 12, Line 21Colorado state and local governments combined. So long as it
Page 12, Line 22constitutes an enterprise pursuant to this subsection (1), the
Page 12, Line 23enterprise is not subject to section 20 of article X of the state
Page 12, Line 24constitution.
Page 12, Line 25(c) The enterprise is governed by a board of directors
Page 12, Line 26appointed by the governor.
Page 12, Line 27(2) The enterprise's primary powers and duties are to:
Page 13, Line 1(a) Effective January 1, 2027, impose a mental health
Page 13, Line 2services access surcharge on internet service account holders
Page 13, Line 3in an amount established annually by the enterprise, but not to
Page 13, Line 4exceed twenty-five cents per month per account. On or before
Page 13, Line 5October 1, 2026, and on or before October 1 of each year
Page 13, Line 6thereafter, the enterprise shall establish the amount of the
Page 13, Line 7surcharge for the next calendar year and publish the
Page 13, Line 8surcharge amount on the BHA's website. The amount of the
Page 13, Line 9surcharge must be reasonably calculated based on the cost of
Page 13, Line 10the services received by internet service account holders
Page 13, Line 11through the adult mental health services program and
Page 13, Line 12programs funded through the internet-enabled mental health
Page 13, Line 13access grant program.
Page 13, Line 14(b) As required by section 27-60-604, create, operate, and
Page 13, Line 15fund the adult mental health services program;
Page 13, Line 16(c) As required by section 27-60-605, create, operate, and
Page 13, Line 17fund the internet-enabled mental health access grant program;
Page 13, Line 18(d) Enter into contracts necessary for professional and
Page 13, Line 19technical assistance and advice and to supply other services
Page 13, Line 20related to the conduct of the affairs of the enterprise, without
Page 13, Line 21regard to the "Procurement Code", articles 101 to 112 of title
Page 13, Line 2224;
Page 13, Line 23(e) By resolution, authorize and issue revenue bonds that
Page 13, Line 24are payable only from the money in the mental health services
Page 13, Line 25enterprise cash fund;
Page 13, Line 26(f) Adopt rules as necessary to carry out this part 6,
Page 13, Line 27including rules that establish surcharge remittance procedures
Page 14, Line 1that are consistent with section 27-60-607 (4)(a); and
Page 14, Line 2(g) Adopt policies for the regulation of its affairs and the
Page 14, Line 3conduct of its business consistent with this part 6.
Page 14, Line 4(3) (a) The enterprise is subject to the open meetings
Page 14, Line 5provisions of the "Colorado Sunshine Act of 1972", part 4 of
Page 14, Line 6article 6 of title 24.
Page 14, Line 7(b) The enterprise is subject to the "Colorado Open
Page 14, Line 8Records Act", part 2 of article 72 of title 24. For purposes of the
Page 14, Line 9"Colorado Open Records Act", part 2 of article 72 of title 24,
Page 14, Line 10and except as may otherwise be provided by federal law or
Page 14, Line 11regulation or state law, the records of the enterprise are public
Page 14, Line 12records, as defined in section 24-72-202 (6), regardless of
Page 14, Line 13whether the enterprise receives less than ten percent of its
Page 14, Line 14total annual revenue in grants, as defined in section 24-77-102
Page 14, Line 15(7), from all Colorado state and local governments combined.
Page 14, Line 16(c) The enterprise is a public entity for purposes of the
Page 14, Line 17"Supplemental Public Securities Act", part 2 of article 57 of
Page 14, Line 18title 11.
Page 14, Line 19(4) The BHA shall provide office space and administrative
Page 14, Line 20staff to the enterprise pursuant to a contract entered into
Page 14, Line 21pursuant to subsection (2)(c) of this section.
Page 14, Line 22(5) (a) The mental health services enterprise cash fund is
Page 14, Line 23created in the state treasury. The fund consists of money
Page 14, Line 24credited to the fund in accordance with this part 6; any money
Page 14, Line 25received from the issuance of revenue bonds, as described in
Page 14, Line 26subsection (2)(d) of this section; and any other money that the
Page 14, Line 27general assembly may appropriate or transfer to the fund.
Page 15, Line 1(b) The state treasurer shall credit all interest and
Page 15, Line 2income derived from the deposit and investment of money in the
Page 15, Line 3fund to the fund.
Page 15, Line 4(c) Money in the fund is continuously appropriated to the
Page 15, Line 5enterprise. The enterprise may expend money from the fund for
Page 15, Line 6the purposes of this part 6. In each fiscal year, the enterprise
Page 15, Line 7must fully fund the minimum requirements of the adult mental
Page 15, Line 8health services program set forth in section 27-60-604 before
Page 15, Line 9expending money from the fund for the internet-enabled mental
Page 15, Line 10health access grant program.
Page 15, Line 11(d) (I) Section 24-77-108 does not apply to the enterprise
Page 15, Line 12because the total amount of money credited or appropriated to
Page 15, Line 13the mental health services enterprise cash fund as the mental
Page 15, Line 14health services access surcharge shall not exceed one hundred
Page 15, Line 15million dollars in the first five fiscal years of the enterprise's
Page 15, Line 16existence.
Page 15, Line 17(II) This subsection (5)(d) is repealed, effective July 1, 2033.
Page 15, Line 18(e) The board may seek, accept, and expend gifts, grants,
Page 15, Line 19or donations from private or public sources for the purposes of
Page 15, Line 20this section, so long as the combination of grants from state and
Page 15, Line 21local governments is less than ten percent of the enterprise's
Page 15, Line 22total annual revenue.
Page 15, Line 2327-60-607. Remittance of mental health services access
Page 15, Line 24surcharges - incorrect or delinquent reports - penalties -
Page 15, Line 25administrative fees - rules.
Page 15, Line 26(1) Each internet service provider shall collect from its
Page 15, Line 27account holders the mental health services access surcharge
Page 16, Line 1established by the mental health services enterprise pursuant
Page 16, Line 2to section 27-60-606 (2)(a).
Page 16, Line 3(2) The duty to collect and remit the mental health
Page 16, Line 4services access surcharge commences on January 1, 2027. The
Page 16, Line 5mental health services access surcharge must be stated
Page 16, Line 6separately on the account holder's billing statement.
Page 16, Line 7(3) An internet service provider is liable only for the
Page 16, Line 8mental health services access surcharge collected pursuant to
Page 16, Line 9this part 6 until it is remitted to the enterprise. The amount
Page 16, Line 10remitted by the internet service provider must reflect the
Page 16, Line 11actual collections based on the actual account holders billed.
Page 16, Line 12(4) (a) An internet service provider shall remit the
Page 16, Line 13collected surcharges to the enterprise on a monthly basis in a
Page 16, Line 14manner established by the enterprise. The enterprise shall
Page 16, Line 15establish remittance procedures by rule. An internet service
Page 16, Line 16provider is subject to the penalties and procedures described in
Page 16, Line 17subsection (5) of this section for the failure to collect or
Page 16, Line 18correctly remit a surcharge in accordance with this section.
Page 16, Line 19(b) An internet service provider may deduct and retain
Page 16, Line 20one percent of the surcharges that are collected by the
Page 16, Line 21internet service provider from its account holders to cover the
Page 16, Line 22internet service provider's administrative costs in collecting
Page 16, Line 23the surcharge.
Page 16, Line 24(c) The enterprise shall transmit the surcharges remitted
Page 16, Line 25to the enterprise pursuant to this section to the state
Page 16, Line 26treasurer, who shall credit the surcharge collections to the
Page 16, Line 27mental health services enterprise cash fund created in section
Page 17, Line 127-60-606 (5). Any surcharge transmitted to the state treasurer
Page 17, Line 2that is collected on behalf of the mental health services
Page 17, Line 3enterprise is excluded from state fiscal year spending.
Page 17, Line 4(5) (a) An internet service provider shall maintain a
Page 17, Line 5record of the amount of each mental health services access
Page 17, Line 6surcharge collected from each account holder for a period of
Page 17, Line 7three years after the time the surcharge was collected. An
Page 17, Line 8internet service provider shall include with its monthly
Page 17, Line 9remittance to the enterprise a report of the surcharges
Page 17, Line 10included in the remittance.
Page 17, Line 11(b) If an internet service provider fails to timely file a
Page 17, Line 12report and remit the mental health services access surcharge
Page 17, Line 13as required by this section, or if an internet service provider
Page 17, Line 14files an incorrect report or fails to remit the correct amount,
Page 17, Line 15the enterprise shall estimate the amount of the remittance due
Page 17, Line 16for the period or periods for which the internet service provider
Page 17, Line 17is delinquent. The enterprise shall make the estimate based upon
Page 17, Line 18the information available. The enterprise shall compute and
Page 17, Line 19assess a penalty equal to fifteen percent of the estimated
Page 17, Line 20delinquent amount and shall assess interest on the delinquent
Page 17, Line 21surcharges at the rate of one percent each month from the date
Page 17, Line 22when due until the date paid.
Page 17, Line 23(c) Except as provided in this section and unless the time
Page 17, Line 24is extended by agreement pursuant to subsection (5)(d) of this
Page 17, Line 25section, the amount of a delinquent remittance and the penalty
Page 17, Line 26and interest owed pursuant to subsection (5)(b) of this section,
Page 17, Line 27other than interest accruing thereafter, must be assessed
Page 18, Line 1within three years after the date the incorrect report was filed
Page 18, Line 2or the delinquent report was to be filed. The enterprise shall
Page 18, Line 3not file a notice of lien, issue a distraint warrant, institute a
Page 18, Line 4suit for collection, or take other action to collect the amount
Page 18, Line 5after the expiration of the applicable time period unless the
Page 18, Line 6enterprise issues a notice of assessment for the amount within
Page 18, Line 7the applicable time period.
Page 18, Line 8(d) If, before the expiration of the time period prescribed
Page 18, Line 9for the assessment of delinquent amounts in subsection (5)(c) of
Page 18, Line 10this section, the enterprise and the internet service provider
Page 18, Line 11consent in writing to an assessment after the time period, the
Page 18, Line 12amount calculated in accordance with subsection (5)(b) of this
Page 18, Line 13section may be assessed at any time prior to the expiration of the
Page 18, Line 14time period agreed upon. The time period agreed upon may be
Page 18, Line 15extended by subsequent agreements in writing made before the
Page 18, Line 16expiration of the time period previously agreed upon. The
Page 18, Line 17enterprise may file a lien against the property of the internet
Page 18, Line 18service provider for up to one year after the expiration of any
Page 18, Line 19applicable time period.
Page 18, Line 20(e) The enterprise may conduct an audit of an internet
Page 18, Line 21service provider's books and records concerning the collection
Page 18, Line 22and remittance of the surcharges authorized by this part 6. A
Page 18, Line 23public inspection of the audit and of documents reviewed in the
Page 18, Line 24audit is subject to section 24-72-204. The enterprise is responsible
Page 18, Line 25for expenses the enterprise may incur to conduct the audit. In
Page 18, Line 26connection with an audit, an internet service provider shall
Page 18, Line 27make relevant records available to the auditors at no charge.
Page 19, Line 1The enterprise shall adopt rules governing the audit and appeal
Page 19, Line 2procedures.
Page 19, Line 3(f) The enterprise shall deposit any penalties or interest
Page 19, Line 4collected pursuant to this subsection (5) in the adult mental
Page 19, Line 5health program enterprise cash fund.
Page 19, Line 6SECTION 2. Act subject to petition - effective date. This act
Page 19, Line 7takes effect at 12:01 a.m. on the day following the expiration of the
Page 19, Line 8ninety-day period after final adjournment of the general assembly (August
Page 19, Line 912, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 19, Line 10referendum petition is filed pursuant to section 1 (3) of article V of the
Page 19, Line 11state constitution against this act or an item, section, or part of this act
Page 19, Line 12within such period, then the act, item, section, or part will not take effect
Page 19, Line 13unless approved by the people at the general election to be held in
Page 19, Line 14November 2026 and, in such case, will take effect on the date of the
Page 19, Line 15official declaration of the vote thereon by the governor.