House Committee of Reference Report
Committee on Health & Human Services
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February 19, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1154 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Co1lorado Revised Statutes, amend 26-21-101
Page 1, Line 4as follows:
Page 1, Line 526-21-101. Short title. The short title of this article 21 is the
Page 1, Line 6"Colorado Commission for the Deaf, Hard of Hearing, and Deafblind
Page 1, Line 7"Communication Services for People with Disabilities Enterprise
Page 1, Line 8Act".
Page 1, Line 9SECTION 2. In Colorado Revised Statutes, repeal and reenact,
Page 1, Line 10with amendments, section 26-21-102 as follows:
Page 1, Line 1126-21-102. Legislative declaration. (1) The general assembly
Page 1, Line 12finds and declares that:
Page 1, Line 13(a) A communications services for people with disabilities
Page 1, Line 14enterprise, as well as the division and commission, facilitates the
Page 1, Line 15provision of state and local government services for individuals
Page 1, Line 16who are deaf, hard of hearing, and deafblind, while making
Page 1, Line 17government more efficient;
Page 1, Line 18(b) Under the federal "Americans with Disabilities Act of
Page 1, Line 191990", 42 U.S.C. sec. 12101 et seq., and its related amendments and
Page 1, Line 20implementing regulations, Colorado has a duty to provide
Page 1, Line 21equivalent access to state government and public
Page 1, Line 22accommodations to people with communication-related
Page 1, Line 23disabilities. This duty requires state departments and agencies
Page 1, Line 24to provide auxiliary services, communications technology
Page 1, Line 25equipment, telecommunications relay services, and other
Page 1, Line 26resources to ensure access.
Page 1, Line 27(c) Centralizing and unifying the resources creates a cost
Page 2, Line 1savings for the state, facilitates quality control, and increases
Page 2, Line 2the effectiveness of services, while increasing access to the
Page 2, Line 3services.
Page 2, Line 4(2) The general assembly further finds and declares that:
Page 2, Line 5(a) The communications services for people with
Page 2, Line 6disabilities enterprise created in this article 21 provides
Page 2, Line 7valuable business services to individuals who have
Page 2, Line 8communication needs related to their disabilities by:
Page 2, Line 9(I) Coordinating the provision of, and access to, efficient
Page 2, Line 10and effective services and resources for individuals who have
Page 2, Line 11communication needs related to their disabilities, including by:
Page 2, Line 12(A) Establishing and coordinating a communications
Page 2, Line 13technology program to obtain and distribute interactive
Page 2, Line 14telecommunications and other communications technology
Page 2, Line 15equipment needed by individuals who have communication needs
Page 2, Line 16related to their disabilities;
Page 2, Line 17(B) Establishing and coordinating a telecommunications
Page 2, Line 18relay service program for individuals in the state who are deaf,
Page 2, Line 19hard of hearing, deafblind, or speech disabled;
Page 2, Line 20(C) Arranging for qualified auxiliary services for the
Page 2, Line 21state court system and for rural areas of the state for
Page 2, Line 22individuals who are deaf, hard of hearing, or deafblind; and
Page 2, Line 23(D) Approving sign language interpreter certifications as
Page 2, Line 24valid and reliable in the state, thereby enabling appropriate
Page 2, Line 25communication access services in relation to the workforce and
Page 2, Line 26in commerce; and
Page 2, Line 27(II) Coordinating and supporting the services and
Page 2, Line 28resources described in subsection (2)(a)(I) of this section. The
Page 2, Line 29enterprise and division help facilitate the engagement of
Page 2, Line 30individuals who are deaf, hard of hearing, or deafblind or who
Page 2, Line 31have speech or other communication-related disabilities in the
Page 2, Line 32workforce and in commerce, thus providing benefits to Colorado
Page 2, Line 33businesses and employers that benefit from the economic
Page 2, Line 34development stimulated by the workforce and commercial
Page 2, Line 35engagement.
Page 2, Line 36(b) By providing the services and resources described in
Page 2, Line 37subsection (2)(a) of this section, the enterprise engages in an
Page 2, Line 38activity that is conducted in the pursuit of a benefit, gain, or
Page 2, Line 39livelihood;
Page 2, Line 40(c) Consistent with the determination of the Colorado
Page 2, Line 41supreme court in Nicholl v. E-470 Public Highway Authority, 896
Page 2, Line 42P.2d 859 (Colo. 1995), that the power to impose taxes is
Page 2, Line 43inconsistent with enterprise status under section 20 of article
Page 3, Line 1X of the state constitution, the general assembly concludes
Page 3, Line 2that the revenue collected by the enterprise is generated by
Page 3, Line 3fees, not taxes, because the money credited to the enterprise is:
Page 3, Line 4(I) For the specific purpose of allowing the enterprise to
Page 3, Line 5defray the costs of providing the services and resources
Page 3, Line 6described in subsection (2)(a) of this section;
Page 3, Line 7(II) Collected at rates that are reasonably calculated
Page 3, Line 8based on the costs of the services and resources provided by the
Page 3, Line 9enterprise; and
Page 3, Line 10(III) Not state fiscal year spending, as defined in section
Page 3, Line 1124-77-102 (17), or state revenues, as defined in section 24-77-103.6
Page 3, Line 12(6)(c), and does not count against either the state fiscal year
Page 3, Line 13spending limit imposed by section 20 of article X of the state
Page 3, Line 14constitution or the excess state revenues cap, as defined in
Page 3, Line 15section 24-77-103.6 (6)(b), so long as the enterprise qualifies as
Page 3, Line 16an enterprise for purposes of section 20 of article X of the state
Page 3, Line 17constitution;
Page 3, Line 18(d) No other enterprise created simultaneously or within
Page 3, Line 19the preceding five years serves primarily the same purpose as the
Page 3, Line 20enterprise, and the enterprise will generate revenue from fees
Page 3, Line 21and surcharges of less than one hundred million dollars total
Page 3, Line 22in its first five fiscal years. Accordingly, the creation of the
Page 3, Line 23enterprise does not require voter approval pursuant to section
Page 3, Line 2424-77-108.
Page 3, Line 25(e) For purposes of the limit set forth in section 24-77-108,
Page 3, Line 26the start date of the enterprise is in fiscal year 2024-25.
Page 3, Line 27SECTION 3. In Colorado Revised Statutes, 26-21-103, amend
Page 3, Line 28(3); repeal (1); and add (2.3), (3.5), (4.4), (4.5), (4.6), (8.5), (11), and
Page 3, Line 29(12) as follows:
Page 3, Line 3026-21-103. Definitions. As used in this article 21, unless the
Page 3, Line 31context otherwise requires:
Page 3, Line 32(1) "Advisory council" means the Colorado deafblind advisory
Page 3, Line 33council appointed by the commission in accordance with section
Page 3, Line 3426-21-105 (2)(f).
Page 3, Line 35(2.3) "Board" means the board of directors of the
Page 3, Line 36enterprise appointed pursuant to section 26-21-103.5 (2).
Page 3, Line 37(3) "Commission" means the Colorado commission for the deaf,
Page 3, Line 38hard of hearing, and deafblind advisory council created pursuant
Page 3, Line 39to section 26-21-104 (1).
Page 3, Line 40(3.5) "Communication access realtime translation" or
Page 3, Line 41"CART" has the same meaning as "communication access realtime
Page 3, Line 42translation (CART) reporter", as set forth in section 13-90-202
Page 3, Line 43(5).
Page 4, Line 1(4.4) "Division" means the division for the deaf, hard of
Page 4, Line 2hearing, and deafblind created in section 26-21-106 and consists
Page 4, Line 3of staff of the state department.
Page 4, Line 4(4.5) "Enterprise" means the communication services for
Page 4, Line 5people with disabilities enterprise created in section 26-21-103.5.
Page 4, Line 6(4.6) "Fund" means the Colorado division for the deaf,
Page 4, Line 7hard of hearing, and deafblind cash fund created in section
Page 4, Line 826-21-107.
Page 4, Line 9(8.5) "Prepaid telephone disability access charge" or
Page 4, Line 10"charge" means the charge imposed by the enterprise pursuant
Page 4, Line 11to section 26-21-103.5 (1)(a)(III).
Page 4, Line 12(11) "Telecommunications relay services" means any
Page 4, Line 13telecommunications services through a third party that allow
Page 4, Line 14an individual who is deaf, hard of hearing, or deafblind or who
Page 4, Line 15has a speech disability to communicate by any compatible
Page 4, Line 16telecommunications service with one or more individuals in a
Page 4, Line 17manner that is functionally equivalent to the ability of an
Page 4, Line 18individual who does not have a hearing or speech disability.
Page 4, Line 19(12) "Telephone disability access surcharge" or
Page 4, Line 20"surcharge" means the surcharge imposed by the enterprise
Page 4, Line 21pursuant to section 26-21-103.5 (1)(a)(II).
Page 4, Line 22SECTION 4. In Colorado Revised Statutes, add 26-21-103.5 as
Page 4, Line 23follows:
Page 4, Line 2426-21-103.5. Communication services for people with
Page 4, Line 25disabilities enterprise - created - board of directors - membership -
Page 4, Line 26fees imposed - repeal. (1) (a) The communication services for
Page 4, Line 27people with disabilities enterprise is created in the state
Page 4, Line 28department for the business purposes of:
Page 4, Line 29(I) Coordinating the provision of, and access to, efficient
Page 4, Line 30and effective services and resources for individuals who have
Page 4, Line 31communication needs related to their disabilities, including
Page 4, Line 32funding the division's duties, as described in section 26-21-106;
Page 4, Line 33(II) Imposing a telephone disability access surcharge on
Page 4, Line 34service users, as defined in section 40-17-101 (11), in
Page 4, Line 35collaboration with the public utilities commission, in an amount
Page 4, Line 36not to exceed fifteen cents per month per telephone access line,
Page 4, Line 37as defined in section 40-17-101 (10). The amount of the surcharge
Page 4, Line 38shall be reviewed and may be adjusted once per year. The
Page 4, Line 39amount of the surcharge, in combination with the prepaid
Page 4, Line 40telephone disability access charge, shall be set at a rate
Page 4, Line 41sufficient to fund the activities described in this subsection
Page 4, Line 42(1)(a). The amount of the surcharge imposed per telephone access
Page 4, Line 43line must be uniform, regardless of the technology used to
Page 5, Line 1provide the telephone access line.
Page 5, Line 2(III) Imposing a prepaid telephone disability access charge
Page 5, Line 3on each retail transaction, as defined in section 40-17-101 (6), in
Page 5, Line 4an amount to be established annually by the enterprise, in
Page 5, Line 5collaboration with the public utilities commission, but not to
Page 5, Line 6exceed fifteen cents per each retail transaction in which prepaid
Page 5, Line 7wireless service is purchased in Colorado. The amount of the
Page 5, Line 8charge shall be reviewed and may be adjusted once per year. The
Page 5, Line 9amount of the charge, in combination with the telephone
Page 5, Line 10disability access surcharge, shall be set at a rate sufficient to
Page 5, Line 11fund the activities described in this subsection (1)(a).
Page 5, Line 12(IV) In collaboration with the public utilities commission
Page 5, Line 13and the department of education, once per year, adjusting the
Page 5, Line 14percentage of the telephone disability access surcharge and the
Page 5, Line 15prepaid telephone disability access charge to be used for the
Page 5, Line 16Colorado division for the deaf, hard of hearing, and deafblind
Page 5, Line 17cash fund and the reading services for the blind cash fund
Page 5, Line 18created in section 24-90-105.5 and by the state librarian for the
Page 5, Line 19talking book library within the department of education.
Page 5, Line 20(b) The enterprise constitutes an enterprise for purposes
Page 5, Line 21of section 20 of article X of the state constitution, so long as
Page 5, Line 22the enterprise retains the authority to issue revenue bonds and
Page 5, Line 23receives less than ten percent of its total annual revenue in
Page 5, Line 24grants from all Colorado state and local governments
Page 5, Line 25combined. So long as it constitutes an enterprise pursuant to
Page 5, Line 26this subsection (1)(b), the enterprise is not subject to section 20
Page 5, Line 27of article X of the state constitution.
Page 5, Line 28(c) The board, with the advice of the division and the
Page 5, Line 29commission, shall administer the enterprise in accordance with
Page 5, Line 30this section.
Page 5, Line 31(d) The enterprise may issue revenue bonds to pay for the
Page 5, Line 32expenses of the enterprise, which bonds are secured by revenue
Page 5, Line 33of the enterprise.
Page 5, Line 34(e) The enterprise shall not increase the amounts of the
Page 5, Line 35telephone disability access surcharge or the prepaid telephone
Page 5, Line 36disability access charge in an amount that causes the
Page 5, Line 37cumulatively collected fees to exceed one hundred million
Page 5, Line 38dollars in the first five years of the enterprise's existence.
Page 5, Line 39(2) (a) The enterprise shall be governed by a board of
Page 5, Line 40directors appointed by the governor.
Page 5, Line 41(b) (I) The governor shall appoint members of the board on
Page 5, Line 42or before June 30, 2025.
Page 5, Line 43(II) This subsection (2)(b) is repealed, effective July 1, 2026.
Page 6, Line 1(c) (I) The governor shall call the first meeting of the
Page 6, Line 2board on or before October 1, 2025.
Page 6, Line 3(II) This subsection (2)(c) is repealed, effective July 1, 2026.
Page 6, Line 4SECTION 5. In Colorado Revised Statutes, 26-21-104, amend
Page 6, Line 5(1); and add (5) as follows:
Page 6, Line 626-21-104. Commission created - appointments - repeal.
Page 6, Line 7(1) The Colorado commission for the deaf, hard of hearing, and
Page 6, Line 8deafblind advisory council is
Page 6, Line 9human services. The commission is a type 2 entity, as defined in section
Page 6, Line 1024-1-105, and exercises its powers and performs its duties and functions
Page 6, Line 11under the state department. of human services. The division and
Page 6, Line 12commission shall advise the enterprise and state agencies
Page 6, Line 13regarding the provision of services and resources for the deaf,
Page 6, Line 14hard-of-hearing, and deafblind community.
Page 6, Line 15(5) This section is repealed, effective September 1, 2031.
Page 6, Line 16Before the repeal, this section is scheduled for review in
Page 6, Line 17accordance with section 2-3-1203.
Page 6, Line 18SECTION 6. In Colorado Revised Statutes, 26-21-105, amend
Page 6, Line 19(1); repeal (2)(f); and add (2)(g) and (5) as follows:
Page 6, Line 2026-21-105. Appointment of division director - division
Page 6, Line 21procedures - commission's advisory role - repeal. (1) The executive
Page 6, Line 22director of the department of human services or the executive director's
Page 6, Line 23designee shall appoint a director of the commission division. The
Page 6, Line 24executive director of the department commission shall provide comment
Page 6, Line 25and input to the commission on the hiring of the division director.
Page 6, Line 26(2) (f) (I) There is created the Colorado deafblind advisory council
Page 6, Line 27consisting of seven members.
Page 6, Line 28(II) The advisory council shall advise the commission, state and
Page 6, Line 29local governments, and other relevant entities on how to increase
Page 6, Line 30competitive integrated employment as defined in section 8-84-301,
Page 6, Line 31enlarge economic opportunities, enhance independence and
Page 6, Line 32self-sufficiency, and improve services for deafblind persons.
Page 6, Line 33(III) The commission shall appoint initial members to the advisory
Page 6, Line 34council by July 1, 2019. The commission shall designate four members
Page 6, Line 35to serve an initial four-year term and three members to serve an initial
Page 6, Line 36six-year term. After the initial terms, all subsequent appointees serve
Page 6, Line 37four-year terms. The commission shall appoint a qualified person to fill
Page 6, Line 38any vacancy on the advisory council for the remainder of any unexpired
Page 6, Line 39term. The advisory council has the following appointees:
Page 6, Line 40(A) One member who is deaf and blind;
Page 6, Line 41(B) One member who is deaf and low vision;
Page 6, Line 42(C) One member who is hard of hearing and blind;
Page 6, Line 43(D) One member who is hard of hearing and low vision;
Page 7, Line 1(E) One member who is latent deafblind;
Page 7, Line 2(F) One member who is a professional working with the deafblind
Page 7, Line 3community; and
Page 7, Line 4(G) One member who is a parent of a deafblind child.
Page 7, Line 5(g) The commission shall advise the division on its
Page 7, Line 6functions and duties as set forth in section 26-21-106.
Page 7, Line 7(5) Subsection (2) of this section and this subsection (5)
Page 7, Line 8are repealed, effective September 1, 2031. Before the repeal,
Page 7, Line 9subsection (2) of this section and this subsection (5) are
Page 7, Line 10scheduled for review in accordance with section 2-3-1203.
Page 7, Line 11SECTION 7. In Colorado Revised Statutes, 26-21-106, amend
Page 7, Line 12(1) introductory portion, (1)(d), (1)(e)(I), (1)(e)(II), (1)(f), (2), (3), (4)
Page 7, Line 13introductory portion, (4)(g)(II) introductory portion, (4)(g)(II)(B), (6), (7)
Page 7, Line 14introductory portion, (7)(a), (7)(b), (8) introductory portion, (8.5), (9)(a)
Page 7, Line 15introductory portion, (9)(a)(VIII), (9)(b), and (9)(c)(I); repeal (9)(a)(IX);
Page 7, Line 16and add (1)(g), (1.5), and (1.7) as follows:
Page 7, Line 1726-21-106. Division for the deaf, hard of hearing, and
Page 7, Line 18deafblind - creation - powers, functions, and duties - programs -
Page 7, Line 19report - rules - definitions. (1) The division for the deaf, hard of
Page 7, Line 20hearing, and deafblind is created in the state department. The
Page 7, Line 21powers, functions, and duties of the commission division include:
Page 7, Line 22(d) Assessing how communications technology has affected the
Page 7, Line 23needs of the deaf, hard of hearing, and deafblind, The commission shall
Page 7, Line 24assess including the type and amount of equipment needed by the deaf,
Page 7, Line 25hard-of-hearing, and deafblind persons community and
Page 7, Line 26speech-disabled individuals who qualify under the federal poverty
Page 7, Line 27guidelines established in accordance with the "Omnibus Budget
Page 7, Line 28Reconciliation Act of 1981", 42. U.S.C. 9902 (2);
Page 7, Line 29(e) Assessing the needs of the deaf, hard-of-hearing, and
Page 7, Line 30deafblind community and reporting annually to the governor and the
Page 7, Line 31general assembly any recommendations for legislation or and
Page 7, Line 32administrative changes that may facilitate or streamline the provision of
Page 7, Line 33general government services to individuals who are deaf, hard of
Page 7, Line 34hearing, and or deafblind. Notwithstanding section 24-1-136 (11)(a)(I),
Page 7, Line 35on or before September 1 of each year, the commission must division
Page 7, Line 36shall file the report required by this subsection (1)(e). In preparing the
Page 7, Line 37annual report and recommendations, the commission division shall
Page 7, Line 38consider the following:
Page 7, Line 39(I) Whether any existing statutory or administrative provisions
Page 7, Line 40impede the ability of the commission division to act as a statewide
Page 7, Line 41coordinating agency advocating for individuals who are deaf, hard of
Page 7, Line 42hearing, and or deafblind individuals in Colorado; and
Page 7, Line 43(II) Any methods, programs, or policies that may improve
Page 8, Line 1communication and environmental accessibility and quality of existing
Page 8, Line 2services, promote or deliver necessary new services, and assist state
Page 8, Line 3agencies in the delivery of services to deaf, hard-of-hearing, and
Page 8, Line 4deafblind individuals;
Page 8, Line 5(f) Approving an entity's certification of a sign language
Page 8, Line 6interpreters interpreter's certifications as valid and reliable in
Page 8, Line 7accordance with section 6-1-707 (1)(e)(I)(B); and
Page 8, Line 8(g) Coordinating the provision of a telecommunications
Page 8, Line 9relay service program for individuals in the state who are deaf,
Page 8, Line 10hard of hearing, or deafblind or speech-disabled. In doing so,
Page 8, Line 11this service shall:
Page 8, Line 12(I) Conform with section 401 of the federal "Americans
Page 8, Line 13with Disabilities Act of 1990", 47 U.S.C. sec. 225, including the
Page 8, Line 14provision for state application to the federal communications
Page 8, Line 15commission for certification;
Page 8, Line 16(II) Meet or exceed all operational, technical, and
Page 8, Line 17functional minimum standards in federal communications
Page 8, Line 18commission regulations governing telecommunication relay
Page 8, Line 19services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.
Page 8, Line 20(1.5) (a) On and after June 30, 2025, the rights, powers,
Page 8, Line 21duties, and functions regarding the telecommunications relay
Page 8, Line 22services vested in the public utilities commission prior to that
Page 8, Line 23date are transferred from the public utilities commission to the
Page 8, Line 24division for the division to perform the functions described in
Page 8, Line 25subsection (1)(g) of this section.
Page 8, Line 26(b) (I) On and after June 30, 2025, whenever any provision
Page 8, Line 27of law refers to the public utilities commission in connection
Page 8, Line 28with the functions transferred to the division pursuant to this
Page 8, Line 29subsection (1.5), the law shall be construed as referring to the
Page 8, Line 30division.
Page 8, Line 31(II) Any contract entered into by the public utilities
Page 8, Line 32commission prior to June 30, 2025, in connection with the
Page 8, Line 33functions transferred to the division pursuant to this
Page 8, Line 34subsection (1.5) is validated, with the division succeeding to all
Page 8, Line 35rights and obligations under the contract.
Page 8, Line 36(III) On and after June 30, 2025, the division shall satisfy
Page 8, Line 37any obligations incurred by the public utilities commission, but
Page 8, Line 38not yet paid, in connection with the functions transferred to the
Page 8, Line 39division pursuant to this subsection (1.5).
Page 8, Line 40(1.7) Pursuant to a contract entered into between the
Page 8, Line 41division director and the board and without regard to the
Page 8, Line 42"Procurement Code", articles 101 to 112 of title 24, the division
Page 8, Line 43shall provide administrative, professional, and technical staff
Page 9, Line 1to assist the board with the conduct of the affairs of the
Page 9, Line 2enterprise.
Page 9, Line 3(2) The commission division shall consider the findings of any
Page 9, Line 4study authorized under this section and may approve, disapprove, or
Page 9, Line 5amend the findings. After consideration of the findings, the commission
Page 9, Line 6division shall submit a report with recommendations, including proposed
Page 9, Line 7legislation, if necessary, to the governor and to the general assembly. The
Page 9, Line 8commission division shall submit the report annually, notwithstanding
Page 9, Line 9section 24-1-136 (11)(a)(I), and may combine the report with, or include
Page 9, Line 10the report as a part of, the annual report prepared under subsection (1)(e)
Page 9, Line 11of this section.
Page 9, Line 12(3) The commission division shall establish and coordinate a
Page 9, Line 13communications technology program that is consistent with the findings
Page 9, Line 14of subsection (1) of this section to obtain and distribute interactive
Page 9, Line 15telecommunications and other communications technology equipment
Page 9, Line 16needed by individuals who are deaf, hard of hearing, and or deafblind
Page 9, Line 17persons or speech-disabled.
Page 9, Line 18(4) The commission division, in collaboration with the judicial
Page 9, Line 19department, shall arrange for auxiliary services for deaf,
Page 9, Line 20hard-of-hearing, and deafblind individuals for the state court
Page 9, Line 21system. Arranging auxiliary services for the state court system includes:
Page 9, Line 22(g) (II) For the purposes of As used in this subsection (4)(g):
Page 9, Line 23(B) "Qualified interpreter" means a person an individual who
Page 9, Line 24has a valid certification of competency accepted by the commission
Page 9, Line 25division and includes but is not limited to, oral interpreters, sign
Page 9, Line 26language interpreters, and intermediary interpreters.
Page 9, Line 27(6) The commission division shall establish and maintain
Page 9, Line 28outreach and consulting services to improve and ensure effective access
Page 9, Line 29to auxiliary services by critical state and local government agencies,
Page 9, Line 30private agencies, and other entities. The commission division shall also
Page 9, Line 31use these services to increase awareness of the programs funded by the
Page 9, Line 32Colorado telephone users with disabilities fund established pursuant to
Page 9, Line 33section 40-17-104 that the division funds and administers for the
Page 9, Line 34public.
Page 9, Line 35(7) The commission's division's outreach and consulting services
Page 9, Line 36include the following duties:
Page 9, Line 37(a) Provide resources to deaf, hard-of-hearing, and deafblind
Page 9, Line 38individuals who have encountered barriers to obtaining necessary
Page 9, Line 39services;
Page 9, Line 40(b) Assist deaf, hard-of-hearing, and deafblind individuals
Page 9, Line 41in understanding and accessing services that may be available to them;
Page 9, Line 42(8) The commission division shall maintain a community access
Page 9, Line 43program for one-on-one system navigating services to ensure resources
Page 10, Line 1are available to deaf, hard-of-hearing, and deafblind individuals and
Page 10, Line 2to protect each person's individual's right to effective communication
Page 10, Line 3and access to environmental information. The community access program
Page 10, Line 4must include the following:
Page 10, Line 5(8.5) Community intervener program. (a) On or before October
Page 10, Line 61, 2023, the commission The division shall establish a family and
Page 10, Line 7community intervener program. The family and community intervener
Page 10, Line 8program shall work with children individuals who are deafblind to
Page 10, Line 9facilitate critical connections between the child individual and the
Page 10, Line 10child's individual's family, community, and environment. The family
Page 10, Line 11and community intervener program must include but need not be limited
Page 10, Line 12to, access to a family and community intervener with specific training in
Page 10, Line 13deafblindness, strategies to build language and communication skills, and
Page 10, Line 14intervention strategies. The intervener shall:
Page 10, Line 15(I) Work one-on-one with a child an individual who is deafblind
Page 10, Line 16in order to facilitate critical connections between the child individual
Page 10, Line 17and the child's their community, family, and environment;
Page 10, Line 18(II) Open channels of communication between the child
Page 10, Line 19individual and others;
Page 10, Line 20(III) Facilitate the development or use of receptive and expressive
Page 10, Line 21communication skills by the child individual;
Page 10, Line 22(IV) Develop and maintain a trusting, interactive relationship with
Page 10, Line 23the child individual that promotes social and emotional well-being; and
Page 10, Line 24(V) Provide the child individual with opportunities for learning
Page 10, Line 25and development in the community and at home.
Page 10, Line 26(b) The commission division shall hire an a family and
Page 10, Line 27community intervener program manager to direct services for children
Page 10, Line 28individuals who are deafblind with additional cognitive
Page 10, Line 29disabilities, physical disabilities, or both and ensure that an
Page 10, Line 30intervener:
Page 10, Line 31(I) Works with no more than one child individual at a time;
Page 10, Line 32(II) Instructs and supports the child individual in skills related
Page 10, Line 33to community involvement;
Page 10, Line 34(III) Transports the child individual to gain access to community
Page 10, Line 35services and resources;
Page 10, Line 36(IV) Provides communication and information to the child
Page 10, Line 37individual concerning the child's individual's environment that
Page 10, Line 38otherwise would be available through vision and hearing;
Page 10, Line 39(V) Uses interpersonal communication, including sign language,
Page 10, Line 40speech, tangible communication symbols, gestures, calendars, and
Page 10, Line 41augmentative communication devices;
Page 10, Line 42(VI) Makes sights, sounds, and activities accessible to the child
Page 10, Line 43individual by learning the child's individual's specific communication
Page 11, Line 1system; and
Page 11, Line 2(VII) Forms a working alliance with the deafblind child's
Page 11, Line 3individual's family members, neighbors, community organizations, and
Page 11, Line 4professionals with whom the child individual has contact.
Page 11, Line 5(c) The family and community intervener program manager
Page 11, Line 6shall document the following outcomes for intervener services in the
Page 11, Line 7child's individual's record:
Page 11, Line 8(I) Whether the child individual is effectively communicating
Page 11, Line 9wants and needs to the child's individual's intervener; and
Page 11, Line 10(II) Whether the child individual is actively participating in
Page 11, Line 11community activities and activities of daily living to the extent of the
Page 11, Line 12child's individual's ability.
Page 11, Line 13(d) The intervener program manager and intervener shall
Page 11, Line 14collaborate with other state agencies as appropriate that provide direct or
Page 11, Line 15indirect services to children individuals who are deafblind and their
Page 11, Line 16families to identify potential additional services or opportunities for
Page 11, Line 17children individuals who are deafblind.
Page 11, Line 18(9) (a) The commission division shall arrange for the provision
Page 11, Line 19of auxiliary services in rural areas of the state by performing the
Page 11, Line 20following functions:
Page 11, Line 21(VIII) Establishing, monitoring, and publishing on the
Page 11, Line 22commission's public website a list of available CART providers and
Page 11, Line 23qualified interpreters, as defined in subsections (4)(g)(II)(A) and
Page 11, Line 24(4)(g)(II)(B) of this section, respectively, who are willing to work in rural
Page 11, Line 25areas for persons individuals who are deaf, hard of hearing, or
Page 11, Line 26deafblind; and
Page 11, Line 27(IX) Creating an advisory council to make recommendations to
Page 11, Line 28the commission about the provision of auxiliary services in rural areas;
Page 11, Line 29and
Page 11, Line 30(b) The executive director board shall promulgate adopt rules
Page 11, Line 31in consultation with, or as proposed by, the commission division, with
Page 11, Line 32input from the commission and the deaf, hard of hearing, and deafblind
Page 11, Line 33community, regarding implementation of this subsection (9). The rules
Page 11, Line 34must define the term "rural area".
Page 11, Line 35(c) (I) On or before November 1, 2022, and on or before
Page 11, Line 36November 1 of each year thereafter, the commission division shall
Page 11, Line 37submit a report to the joint budget committee summarizing the
Page 11, Line 38commission's division's implementation of the program described in this
Page 11, Line 39subsection (9) over the previous twelve months.
Page 11, Line 40SECTION 8. In Colorado Revised Statutes, 26-21-107, amend
Page 11, Line 41(1); and add (4) as follows:
Page 11, Line 4226-21-107. Colorado division for the deaf, hard of hearing,
Page 11, Line 43and deafblind cash fund - creation - gifts, grants, and donations -
Page 12, Line 1reimbursement. (1) There is hereby created in the state treasury the
Page 12, Line 2Colorado commission division for the deaf, hard of hearing, and
Page 12, Line 3deafblind cash fund. All money credited to the fund must, pursuant to
Page 12, Line 4section 26-21-103.5 (1)(a)(IV), be used exclusively for the
Page 12, Line 5administration and discharge of the duties of the enterprise,
Page 12, Line 6commission members, and division staff under this article 21. All
Page 12, Line 7money credited to the fund and any interest earned from the investment
Page 12, Line 8of money in the fund remains in the fund and does not revert to the
Page 12, Line 9general fund or any other fund at the end of any fiscal year.
Page 12, Line 10(4) Money in the fund is continuously appropriated to the
Page 12, Line 11state department for the purposes set forth in section 26-21-102.
Page 12, Line 12SECTION 9. In Colorado Revised Statutes, 26-21-107.5, amend
Page 12, Line 13(1), (2), and (7) as follows:
Page 12, Line 1426-21-107.5. Colorado division for the deaf, hard of hearing,
Page 12, Line 15and deafblind grant program - creation - standards - applications -
Page 12, Line 16definition. (1) The Colorado commission division for the deaf, hard of
Page 12, Line 17hearing, and deafblind grant program is hereby established to provide
Page 12, Line 18funding for entities to address the needs of Colorado's individuals who
Page 12, Line 19are deaf, hard-of-hearing, or hard of hearing, and deafblind.
Page 12, Line 20individuals.
Page 12, Line 21(2) (a) The Colorado commission division for the deaf, hard of
Page 12, Line 22hearing, and deafblind grant program committee appointed pursuant to
Page 12, Line 23section 26-21-107.7 shall administer the grant program as provided in
Page 12, Line 24section 26-21-107.7.
Page 12, Line 25(b) The commission division shall pay the grants awarded
Page 12, Line 26through the grant program from money appropriated by the general
Page 12, Line 27assembly.
Page 12, Line 28(c) Subject to available money, the general assembly shall
Page 12, Line 29appropriate to the commission division no more than fifty thousand
Page 12, Line 30dollars annually to administer the grant program.
Page 12, Line 31(7) Grantees shall comply with reporting requirements established
Page 12, Line 32by the commission division.
Page 12, Line 33SECTION 10. In Colorado Revised Statutes, 26-21-107.7,
Page 12, Line 34amend (1)(a.5)(I), (1)(a.5)(II) introductory portion, (1)(c), (1)(d), (1)(e),
Page 12, Line 35(2), and (3); and repeal (1)(a.5)(III) as follows:
Page 12, Line 3626-21-107.7. Colorado division for the deaf, hard of hearing,
Page 12, Line 37and deafblind grant program committee - creation - members - duties
Page 12, Line 38- reimbursement for expenses. (1) (a.5) (I) There is hereby created the
Page 12, Line 39Colorado commission division for the deaf, hard of hearing, and
Page 12, Line 40deafblind grant program committee, referred to in this section as the
Page 12, Line 41"committee", consisting of five members, for the purpose of
Page 12, Line 42recommending to the commission division approval or disapproval of
Page 12, Line 43applications for the grant program.
Page 13, Line 1(II) The commission division shall appoint four members to the
Page 13, Line 2committee as follows:
Page 13, Line 3(III) This subsection (1)(a.5) is effective September 1, 2018, and
Page 13, Line 4applies to appointments to the committee on or after September 1, 2018.
Page 13, Line 5All initial appointments in accordance with this subsection (1)(a.5) must
Page 13, Line 6be made by September 30, 2018.
Page 13, Line 7(c) In appointing members to the committee, the commission
Page 13, Line 8division shall choose persons individuals who have knowledge and
Page 13, Line 9awareness of innovative strategies that address challenges faced by the
Page 13, Line 10deaf, hard-of-hearing, and deafblind community and speech-disabled
Page 13, Line 11communities.
Page 13, Line 12(d) The appointed members of the committee shall serve
Page 13, Line 13three-year terms. except that, of the members first appointed, one of the
Page 13, Line 14members shall serve a two-year term and two of the members shall serve
Page 13, Line 15one-year terms. The commission shall choose those members who shall
Page 13, Line 16serve the initial shortened terms. If a vacancy arises in one of the
Page 13, Line 17appointed positions, the commission division shall appoint a replacement
Page 13, Line 18to fill the vacancy for the remainder of the term.
Page 13, Line 19(e) Members of the committee are entitled to be reimbursed out
Page 13, Line 20of available appropriations for all actual and necessary expenses incurred
Page 13, Line 21in the performance of their duties.
Page 13, Line 22(2) The committee shall review all applications received pursuant
Page 13, Line 23to section 26-21-107.5. Based on criteria established by the commission
Page 13, Line 24division, the committee shall recommend to the commission those
Page 13, Line 25applications to approve, with recommended grant amounts, and those to
Page 13, Line 26disapprove.
Page 13, Line 27(3) The commission division shall review and may follow the
Page 13, Line 28recommendations of the committee for approval or disapproval of
Page 13, Line 29applications for the grant program and for grant amounts. If the
Page 13, Line 30commission division disagrees with the recommendations of the
Page 13, Line 31committee, the executive director of the department shall have division
Page 13, Line 32has final decision-making authority to approve or disapprove the
Page 13, Line 33applications and to set the grant amounts.
Page 13, Line 34SECTION 11. In Colorado Revised Statutes, add 26-21-107.9 as
Page 13, Line 35follows:
Page 13, Line 3626-21-107.9. Rules. The board may adopt rules as necessary
Page 13, Line 37to implement this article 21.
Page 13, Line 38SECTION 12. In Colorado Revised Statutes, repeal 26-21-108
Page 13, Line 39as follows:
Page 13, Line 4026-21-108. Repeal of article - sunset review. (1) This article 21
Page 13, Line 41is repealed, effective September 1, 2031.
Page 13, Line 42(2) Prior to the repeal, the commission shall be reviewed as
Page 13, Line 43provided for in section 24-34-104, C.R.S.
Page 14, Line 1SECTION 13. In Colorado Revised Statutes, 24-90-105.5,
Page 14, Line 2amend (5) as follows:
Page 14, Line 324-90-105.5. Literacy support services for persons who are
Page 14, Line 4blind or print-disabled - authority of state librarian - fund. (5) The
Page 14, Line 5general assembly recognizes the importance of privately operated reading
Page 14, Line 6services to enable persons who are blind or print-disabled to gain access
Page 14, Line 7to otherwise inaccessible print materials. The state librarian has the
Page 14, Line 8authority to administer money in the reading services for the blind cash
Page 14, Line 9fund, which is created in the state treasury pursuant to section
Page 14, Line 1026-21-103.5 (1)(a)(IV), for the support of privately operated reading
Page 14, Line 11services. The fund consists of any public or private money transferred,
Page 14, Line 12appropriated, or otherwise credited to the fund. All money credited to the
Page 14, Line 13fund and all interest earned on the investment of money in the fund is a
Page 14, Line 14part of the fund and must not be transferred or credited to the general
Page 14, Line 15fund or to any other fund except as directed by the general assembly
Page 14, Line 16acting by bill. The general assembly shall make annual appropriations
Page 14, Line 17from the reading services for the blind cash fund to the state librarian to
Page 14, Line 18carry out the purposes of this section Money in the fund is
Page 14, Line 19continuously appropriated to the state librarian to carry out
Page 14, Line 20the purposes of this section.
Page 14, Line 21SECTION 14. In Colorado Revised Statutes, repeal 29-11-102.7.
Page 14, Line 22SECTION 15. In Colorado Revised Statutes, repeal and reenact,
Page 14, Line 23with amendments, article 17 of title 40 as follows:
Page 14, Line 24ARTICLE 17
Page 14, Line 25Telephone Disability Access
Page 14, Line 2640-17-101. Definitions. As used in this article 17, unless the
Page 14, Line 27context otherwise requires:
Page 14, Line 28(1) "Commission" means the public utilities commission
Page 14, Line 29created in section 40-2-101.
Page 14, Line 30(2) "Consumer" means a person who purchases prepaid
Page 14, Line 31wireless telecommunications service in a retail transaction.
Page 14, Line 32(3) "Department" means the department of revenue.
Page 14, Line 33(4) "Enterprise" means the communication services for
Page 14, Line 34people with disabilities enterprise created in section 26-21-103.5.
Page 14, Line 35 (5) "Prepaid telephone disability access charge" or
Page 14, Line 36"charge" means the charge imposed by the communication
Page 14, Line 37services for people with disabilities enterprise pursuant to
Page 14, Line 38section 26-21-103.5 (1)(a)(III).
Page 14, Line 39(6) "Retail transaction" means the purchase of prepaid
Page 14, Line 40wireless telecommunications service from a seller for any
Page 14, Line 41purpose other than resale.
Page 14, Line 42(7) "Seller" means a person that sells prepaid wireless
Page 14, Line 43telecommunications services to another person.
Page 15, Line 1(8) "Service supplier" means a person providing telephone
Page 15, Line 2access lines to any service user in the state, either directly or
Page 15, Line 3by resale.
Page 15, Line 4(9) "Service user" means a person that is provided a
Page 15, Line 5telephone access line in the state.
Page 15, Line 6(10) "Telephone access line" means a voice grade channel
Page 15, Line 7or its equivalent assigned to a residential or commercial end
Page 15, Line 8user customer by a service supplier, regardless of the
Page 15, Line 9technology used to provide the service.
Page 15, Line 10(11) "Telephone disability access surcharge" or
Page 15, Line 11"surcharge" means the surcharge imposed by the communication
Page 15, Line 12services for people with disabilities enterprise pursuant to
Page 15, Line 13section 26-21-103.5 (1)(a)(II).
Page 15, Line 1440-17-102. Telephone disability access surcharges collected for
Page 15, Line 15the enterprise - remittance - rules. (1) The commission shall
Page 15, Line 16collect, on behalf of the communication services for people with
Page 15, Line 17disabilities enterprise, the telephone disability access surcharge
Page 15, Line 18to fund the enterprise. The commission shall collaborate with
Page 15, Line 19the enterprise to establish the amount of the surcharge once
Page 15, Line 20per year.
Page 15, Line 21(2) (a) Each service supplier shall collect the surcharge
Page 15, Line 22from its service users. The surcharge is the liability of the
Page 15, Line 23service user and not of the service supplier; except that the
Page 15, Line 24service supplier is liable to remit all surcharges that the
Page 15, Line 25service supplier collects from service users.
Page 15, Line 26(b) The surcharge shall be listed as a separate item that
Page 15, Line 27appears on a service user's monthly billing statement.
Page 15, Line 28(3) (a) The service supplier shall remit the collected
Page 15, Line 29surcharges to the commission on a monthly basis in a manner
Page 15, Line 30established by the commission. The commission shall establish
Page 15, Line 31remittance procedures by rule. A service supplier is subject to
Page 15, Line 32the penalties and procedures set forth in section 40-17-103 for
Page 15, Line 33the failure to collect or correctly remit a surcharge in
Page 15, Line 34accordance with this section.
Page 15, Line 35(b) A service supplier may deduct and retain one percent
Page 15, Line 36of the surcharges that are collected by the service supplier
Page 15, Line 37from its service users.
Page 15, Line 38(c) (I) The state treasurer shall credit the surcharge
Page 15, Line 39collections remitted to the commission pursuant to subsection
Page 15, Line 40(3)(a) of this section to the Colorado division for the deaf, hard
Page 15, Line 41of hearing, and deafblind cash fund created in section 26-21-107
Page 15, Line 42(1). Any surcharge transmitted to the state treasurer that is
Page 15, Line 43collected on behalf of the enterprise is excluded from state
Page 16, Line 1fiscal year spending.
Page 16, Line 2(II) The commission may retain up to four percent of the
Page 16, Line 3collected surcharges necessary to reimburse the commission for
Page 16, Line 4its direct and indirect costs of administering the collection and
Page 16, Line 5remittance of surcharges for the enterprise, including costs
Page 16, Line 6related to conducting audits of service suppliers in accordance
Page 16, Line 7with section 40-17-103.
Page 16, Line 8(4) The surcharge imposed by the enterprise pursuant to
Page 16, Line 9section 26-21-103.5 (1)(a)(II) is the only direct communication
Page 16, Line 10services for people with disabilities funding obligation imposed
Page 16, Line 11upon service users in the state. No tax, fee, surcharge, or other
Page 16, Line 12charge to fund the enterprise is imposed by the state, any
Page 16, Line 13political subdivision of the state, or any intergovernmental
Page 16, Line 14agency upon a seller or consumer with respect to the sale,
Page 16, Line 15purchase, use, or provision of a telephone access line in the
Page 16, Line 16state.
Page 16, Line 17(5) This section does not apply to prepaid wireless
Page 16, Line 18telecommunications services.
Page 16, Line 19(6) The telephone disability access surcharge shall not be
Page 16, Line 20imposed on the service supplier or the service users with respect
Page 16, Line 21to federally supported lifeline service.
Page 16, Line 2240-17-103. Service supplier obligations - penalties - audits -
Page 16, Line 23rules. (1) Every service supplier shall collect the telephone
Page 16, Line 24disability access surcharge from its service users.
Page 16, Line 25(2) A service supplier is liable only for the surcharge
Page 16, Line 26collected pursuant to this article 17 until the surcharge is
Page 16, Line 27remitted to the commission. The amount remitted by the service
Page 16, Line 28supplier must reflect the actual collections based on the
Page 16, Line 29actual telephone access line billed.
Page 16, Line 30(3) A service supplier shall remit the surcharge in
Page 16, Line 31accordance with section 40-17-102 and rules adopted by the
Page 16, Line 32commission.
Page 16, Line 33(4) (a) The service supplier shall maintain a record of the
Page 16, Line 34amount of each surcharge collected and remitted by the service
Page 16, Line 35user address for a period of three years after the time the
Page 16, Line 36charge is collected and remitted.
Page 16, Line 37(b) If a service supplier fails to timely file a report and
Page 16, Line 38remit the surcharge as required by this section, or if a service
Page 16, Line 39supplier files an incorrect report or fails to remit the correct
Page 16, Line 40amount, the commission shall estimate the amount of the
Page 16, Line 41remittance due for the period or periods for which the service
Page 16, Line 42supplier is delinquent. The commission shall make the estimate
Page 16, Line 43based on the information available. The commission shall
Page 17, Line 1compute and assess a penalty equal to fifteen percent of the
Page 17, Line 2estimate of the delinquent amount and shall assess interest on
Page 17, Line 3the delinquent charges at the rate of one percent each month
Page 17, Line 4from the date when due until the date paid.
Page 17, Line 5(c) Except as provided in this section and unless such time
Page 17, Line 6is extended by agreement pursuant to subsection (4)(d) of this
Page 17, Line 7section, the amount of a delinquent remittance and the penalty
Page 17, Line 8and interest owed pursuant to subsection (4)(b) of this section,
Page 17, Line 9other than interest accruing thereafter, shall be assessed
Page 17, Line 10within three years after the date the incorrect report was filed
Page 17, Line 11or the delinquent report was to be filed. The commission shall
Page 17, Line 12not file a notice of lien, issue a distraint warrant, institute a
Page 17, Line 13suit for collection, or take other action to collect the amount
Page 17, Line 14after the expiration of such period unless the commission issues
Page 17, Line 15a notice of assessment for the amount within such period or
Page 17, Line 16within an extended period pursuant to subsection (4)(d) of this
Page 17, Line 17section.
Page 17, Line 18(d) If, before the expiration of the time prescribed for the
Page 17, Line 19assessment of delinquent amounts in subsection (4)(c) of this
Page 17, Line 20section, the commission and the service supplier consent in
Page 17, Line 21writing to an assessment after such time, the amount
Page 17, Line 22calculated in accordance with subsection (4)(b) of this section
Page 17, Line 23may be assessed at any time prior to the expiration of the period
Page 17, Line 24agreed upon. The period agreed upon may be extended by
Page 17, Line 25subsequent agreements in writing made before the expiration of
Page 17, Line 26the period previously agreed upon. The commission may file a lien
Page 17, Line 27against the property of the service supplier for up to one year
Page 17, Line 28after the expiration of any such period, unless otherwise
Page 17, Line 29specifically provided in this article 17.
Page 17, Line 30(e) The commission may conduct an audit of a service
Page 17, Line 31supplier's books and records concerning the collection and
Page 17, Line 32remittance of the charges authorized under this article 17. A
Page 17, Line 33public inspection of the audit and of documents reviewed in the
Page 17, Line 34audit is subject to section 24-72-204. The commission is
Page 17, Line 35responsible for expenses the commission may incur to conduct
Page 17, Line 36the audit. In connection with audits performed, service suppliers
Page 17, Line 37shall make relevant records available to the auditors at no
Page 17, Line 38charge. The commission shall adopt rules governing the audit
Page 17, Line 39and appeal procedures.
Page 17, Line 40(f) The commission shall deposit any penalties collected
Page 17, Line 41or interest in the Colorado division for the deaf, hard of
Page 17, Line 42hearing, and deafblind cash fund created in section 26-21-107 (1).
Page 17, Line 4340-17-104. Prepaid wireless telephone disability access charges
Page 18, Line 1collected for the enterprise - remittance - rules. (1) (a) A seller
Page 18, Line 2shall collect, on behalf of the enterprise, the prepaid telephone
Page 18, Line 3disability access charge from the consumer on each retail
Page 18, Line 4transaction occurring in the state. The amount of the prepaid
Page 18, Line 5telephone disability access charge shall be disclosed to the
Page 18, Line 6consumer on an invoice, a receipt, or other similar document
Page 18, Line 7that the seller provides to the consumer. A seller shall elect
Page 18, Line 8to either disclose or separately state the charge and not
Page 18, Line 9change the election without the written consent of the
Page 18, Line 10department. The seller is deemed to have collected the charge
Page 18, Line 11notwithstanding the seller's failure to separately disclose or
Page 18, Line 12state the charge on an invoice, a receipt, or other similar
Page 18, Line 13document that the seller provides the consumer.
Page 18, Line 14(b) For purposes of this section, a retail transaction
Page 18, Line 15occurs in Colorado if:
Page 18, Line 16(I) The consumer effects the retail transaction in person
Page 18, Line 17at a business location in Colorado;
Page 18, Line 18(II) If subsection (1)(b)(I) of this section does not apply, the
Page 18, Line 19product is delivered to the consumer at a Colorado address
Page 18, Line 20provided to the seller;
Page 18, Line 21(III) If subsections (1)(b)(I) and (1)(b)(II) of this section do
Page 18, Line 22not apply, the seller's records, maintained in the ordinary
Page 18, Line 23course of business, indicate that the consumer's address is in
Page 18, Line 24Colorado, and the records are not made or kept in bad faith;
Page 18, Line 25(IV) If subsections (1)(b)(I) to (1)(b)(III) of this section do
Page 18, Line 26not apply, the consumer gives a Colorado address during the
Page 18, Line 27consummation of the sale, including the consumer's payment
Page 18, Line 28instrument if no other address is available, and there is no
Page 18, Line 29indication that the address is given in bad faith; or
Page 18, Line 30(V) If subsections (1)(b)(I) to (1)(b)(IV) of this section do
Page 18, Line 31not apply, the consumer's mobile telephone number is associated
Page 18, Line 32with a Colorado location.
Page 18, Line 33(c) The prepaid telephone disability access charge is the
Page 18, Line 34liability of the consumer and not of the seller; except that the
Page 18, Line 35seller is liable to remit all charges that the seller collects
Page 18, Line 36from a consumer as provided in subsection (2) of this section.
Page 18, Line 37(d) The amount of the prepaid telephone disability access
Page 18, Line 38charge that is collected by a seller from a consumer is not
Page 18, Line 39included in the base for measuring any tax, fee, surcharge, or
Page 18, Line 40other charge that is imposed by the state, any political
Page 18, Line 41subdivision of the state, or any intergovernmental agency.
Page 18, Line 42(2) (a) The seller shall remit any collected prepaid
Page 18, Line 43telephone disability access charges to the department at the
Page 19, Line 1times and in the manner provided in part 1 of article 26 of title
Page 19, Line 239. The department shall establish, by rule, registration and
Page 19, Line 3payment procedures that substantially coincide with the
Page 19, Line 4registration and payment procedures that apply under part 1 of
Page 19, Line 5article 26 of title 39. A seller is subject to the penalties under
Page 19, Line 6part 1 of article 26 of title 39 for failure to collect or remit a
Page 19, Line 7charge in accordance with this section.
Page 19, Line 8(b) A seller may deduct and retain three and three-tenths
Page 19, Line 9percent of the prepaid telephone disability access charges that
Page 19, Line 10are collected by a seller from consumers.
Page 19, Line 11(c) The audit and appeal procedures applicable to the
Page 19, Line 12state sales tax pursuant to part 1 of article 26 of title 39 apply
Page 19, Line 13to prepaid telephone disability access charges.
Page 19, Line 14(d) The department shall, by rule, establish procedures by
Page 19, Line 15which a seller may document that a transaction is not a retail
Page 19, Line 16transaction, which procedures must substantially coincide with
Page 19, Line 17the procedures for documenting that a sale was wholesale for
Page 19, Line 18purposes of the sales tax pursuant to part 1 of article 26 of title
Page 19, Line 1939.
Page 19, Line 20(e) (I) The state treasurer shall credit the prepaid
Page 19, Line 21telephone disability access charges remitted to the department
Page 19, Line 22pursuant to subsection (2)(a) of this section to the Colorado
Page 19, Line 23division for the deaf, hard of hearing, and deafblind cash fund
Page 19, Line 24created in section 26-21-107 (1).
Page 19, Line 25(II) The department may retain up to three percent of the
Page 19, Line 26collected charges necessary to reimburse the department for
Page 19, Line 27its direct costs of administering the collection and remittance
Page 19, Line 28of prepaid telephone disability access charges.
Page 19, Line 29(3) The prepaid telephone disability access charge is the
Page 19, Line 30only direct disability communication access funding obligation
Page 19, Line 31imposed with respect to prepaid wireless telecommunications
Page 19, Line 32service in the state. No tax, fee, surcharge, or other charge to
Page 19, Line 33fund disability communication access is imposed by the state, any
Page 19, Line 34political subdivision of the state, or any intergovernmental
Page 19, Line 35agency upon a seller or consumer with respect to the sale,
Page 19, Line 36purchase, use, or provision of prepaid wireless
Page 19, Line 37telecommunications service.
Page 19, Line 38(4) The prepaid telephone disability access charge shall
Page 19, Line 39not be imposed on the seller or the consumer with respect to
Page 19, Line 40federally supported lifeline service.
Page 19, Line 41SECTION 16. In Colorado Revised Statutes, 2-3-1203, add
Page 19, Line 42(22)(a)(VII) as follows:
Page 19, Line 432-3-1203. Sunset review of advisory committees - legislative
Page 20, Line 1declaration - definition - repeal. (22) (a) The following statutory
Page 20, Line 2authorizations for the designated advisory committees will repeal on
Page 20, Line 3September 1, 2031:
Page 20, Line 4(VII) The Colorado commission for the deaf, hard of
Page 20, Line 5hearing, and deafblind advisory council, as set forth in sections
Page 20, Line 626-21-104 and 26-21-105 (2) and (5).
Page 20, Line 7SECTION 17. In Colorado Revised Statutes, 6-1-707, amend
Page 20, Line 8(1)(e)(I)(B) as follows:
Page 20, Line 96-1-707. Use of title or degree - deceptive trade practice. (1) A
Page 20, Line 10person engages in a deceptive trade practice when, in the course of the
Page 20, Line 11person's business, vocation, or occupation, the person:
Page 20, Line 12(e) (I) Claims to be a "sign language interpreter", "interpreter for
Page 20, Line 13the deaf", "deaf interpreter", "ASL-English interpreter", "American sign
Page 20, Line 14language (ASL) interpreter", "translator" for sign language,
Page 20, Line 15"transliterator", "certified sign language interpreter", "certified translator"
Page 20, Line 16for sign language, "certified interpreter for the deaf", "certified deaf
Page 20, Line 17interpreter", "certified ASL-English interpreter", "certified American sign
Page 20, Line 18language (ASL) interpreter", or "certified transliterator", unless the
Page 20, Line 19person holds:
Page 20, Line 20(B) Any A currently valid certification for sign language
Page 20, Line 21interpretation that is approved by the Colorado commission division for
Page 20, Line 22the deaf, hard of hearing, and deafblind pursuant to section 26-21-106
Page 20, Line 23(1)(f).
Page 20, Line 24SECTION 18. In Colorado Revised Statutes, amend 13-71-137
Page 20, Line 25as follows:
Page 20, Line 2613-71-137. Duties and responsibilities of auxiliary services
Page 20, Line 27providers for jurors who are deaf, hard of hearing, or deafblind.
Page 20, Line 28(1) The court may provide, through the list of available resources
Page 20, Line 29coordinated through the Colorado commission division for the deaf, hard
Page 20, Line 30of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified
Page 20, Line 31provider of auxiliary services, provider, as defined in section 13-90-202
Page 20, Line 32(8) (3), to assist during a trial a juror who is deaf, hard of hearing, or
Page 20, Line 33deafblind. In the presence of the jury, the court shall instruct the qualified
Page 20, Line 34auxiliary services provider to make true and complete translations of all
Page 20, Line 35court proceedings to the juror who is deaf, hard of hearing, or deafblind
Page 20, Line 36to the best of the qualified auxiliary services provider's ability.
Page 20, Line 37(2) The qualified interpreter is subject to the same orders and
Page 20, Line 38admonitions given to the jurors. The court shall permit a qualified
Page 20, Line 39auxiliary services provider to be present and assist a juror who is deaf,
Page 20, Line 40hard of hearing, or deafblind during the deliberations of the jury. In the
Page 20, Line 41presence of the jury, the court shall instruct the qualified auxiliary
Page 20, Line 42services provider to refrain from participating in any manner in the
Page 20, Line 43deliberation of the jury and to refrain from having any communications
Page 21, Line 1with any member of the jury regarding deliberation, except for true and
Page 21, Line 2complete translations of jurors' remarks made during deliberation. A jury
Page 21, Line 3verdict reached in the presence of a qualified auxiliary services provider,
Page 21, Line 4during deliberation, is valid.
Page 21, Line 5SECTION 19. In Colorado Revised Statutes, 13-90-202, amend
Page 21, Line 6(8); repeal (4); and add (6.3) and (7.3) as follows:
Page 21, Line 713-90-202. Definitions. As used in this part 2, unless the context
Page 21, Line 8otherwise requires:
Page 21, Line 9(4) "Commission" means the Colorado commission for the deaf,
Page 21, Line 10hard of hearing, and deafblind in the department of human services
Page 21, Line 11created in section 26-21-104.
Page 21, Line 12(6.3) "Division" means the division for the deaf, hard of
Page 21, Line 13hearing, and deafblind in the department of human services
Page 21, Line 14created in section 26-21-106 (1).
Page 21, Line 15(7.3) "Enterprise" means the communication services for
Page 21, Line 16people with disabilities enterprise created in section 26-21-103.5.
Page 21, Line 17(8) "Qualified interpreter" means a person who has a valid
Page 21, Line 18certification of competency accepted by the commission division and
Page 21, Line 19includes but is not limited to, oral interpreters, sign language interpreters,
Page 21, Line 20and intermediary interpreters.
Page 21, Line 21SECTION 20. In Colorado Revised Statutes, amend 13-90-203
Page 21, Line 22as follows:
Page 21, Line 2313-90-203. Powers and duties of the enterprise - rules. The
Page 21, Line 24department of human services board of directors of the enterprise
Page 21, Line 25shall promulgate adopt rules pursuant to article 4 of title 24 C.R.S.,
Page 21, Line 26which have been proposed by the commission as necessary for the
Page 21, Line 27implementation of this part 2. The rule-making process shall be open and
Page 21, Line 28available for input from the public, including but not limited to
Page 21, Line 29interpreters and consumers of interpreter services.
Page 21, Line 30SECTION 21. In Colorado Revised Statutes, amend 13-90-205
Page 21, Line 31as follows:
Page 21, Line 3213-90-205. Coordination of auxiliary services requests. (1) The
Page 21, Line 33commission division, in collaboration with the judicial department, shall
Page 21, Line 34establish, monitor, coordinate, and publish a list of available resources
Page 21, Line 35regarding communication accessibility for persons individuals who are
Page 21, Line 36deaf, hard of hearing, or deafblind, including qualified auxiliary services
Page 21, Line 37providers, for use by an appointing authority pursuant to section
Page 21, Line 3813-90-204. The list must contain the names of private individual
Page 21, Line 39providers and agencies that secure qualified auxiliary services for
Page 21, Line 40assignment.
Page 21, Line 41(2) Whenever a qualified auxiliary service is required pursuant to
Page 21, Line 42section 13-90-204, the appointing authority shall secure the auxiliary
Page 21, Line 43service through the list of available resources made available and
Page 22, Line 1coordinated by the commission division in accordance with subsection
Page 22, Line 2(1) of this section.
Page 22, Line 3(3) The commission division shall provide auxiliary services for
Page 22, Line 4a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The
Page 22, Line 5commission division does not have additional responsibilities beyond the
Page 22, Line 6requirements of subsection (1) of this section for a proceeding described
Page 22, Line 7in section 13-90-204 (1)(d) or (1)(f).
Page 22, Line 8SECTION 22. In Colorado Revised Statutes, amend 13-90-210
Page 22, Line 9as follows:
Page 22, Line 1013-90-210. Compensation. Subject to the appropriations Per the
Page 22, Line 11funding available to the commission division, a qualified interpreter or
Page 22, Line 12computer-aided realtime translation reporter auxiliary services
Page 22, Line 13provider provided pursuant to section 13-90-204 shall be entitled to
Page 22, Line 14compensation for his or her shall be compensated for their services,
Page 22, Line 15including waiting time and necessary travel and subsistence expenses.
Page 22, Line 16The amount of compensation shall be based on a fee schedule for
Page 22, Line 17qualified interpreters and auxiliary services providers established by the
Page 22, Line 18commission division.
Page 22, Line 19SECTION 23. In Colorado Revised Statutes, 18-1.3-701, amend
Page 22, Line 20(1)(c) as follows:
Page 22, Line 2118-1.3-701. Judgment of costs and fines - definitions.
Page 22, Line 22(1) (c) Judgments collected pursuant to this section for fees for auxiliary
Page 22, Line 23services provided pursuant to section 13-90-204, and reimbursed pursuant
Page 22, Line 24to section 13-90-210, shall be remitted to the Colorado commission
Page 22, Line 25division for the deaf, hard of hearing, and deafblind in the department of
Page 22, Line 26human services cash fund created in section 26-21-104 26-21-107.
Page 22, Line 27SECTION 24. In Colorado Revised Statutes, 24-1-120, amend
Page 22, Line 28(5)(h); and add (5)(g.5) and (5)(g.7) as follows:
Page 22, Line 2924-1-120. Department of human services - creation. (5) The
Page 22, Line 30department of human services includes the following:
Page 22, Line 31(g.5) The communication services for people with
Page 22, Line 32disabilities enterprise, created in article 21 of title 26. The
Page 22, Line 33enterprise is a type 1 entity, as defined in section 24-1-105, and
Page 22, Line 34exercises its powers and performs its duties and functions under
Page 22, Line 35the department.
Page 22, Line 36(g.7) The division for the deaf, hard of hearing, and
Page 22, Line 37deafblind created in article 21 of title 26. The division is a type
Page 22, Line 382 entity, as defined in section 24-1-105, and exercises its powers
Page 22, Line 39and functions under the department.
Page 22, Line 40(h) The Colorado commission for the deaf, hard of hearing, and
Page 22, Line 41deafblind advisory council, created in article 21 of title 26. The
Page 22, Line 42Colorado commission for the deaf, hard of hearing, and deafblind is a
Page 22, Line 43type 2 entity, as defined in section 24-1-105, and exercises its powers and
Page 23, Line 1performs its duties and functions under the department.
Page 23, Line 2SECTION 25. In Colorado Revised Statutes, 24-34-104, repeal
Page 23, Line 3(32)(a)(XII) as follows:
Page 23, Line 424-34-104. General assembly review of regulatory agencies
Page 23, Line 5and functions for repeal, continuation, or reestablishment - legislative
Page 23, Line 6declaration - repeal.
Page 23, Line 7(32) (a) The following agencies, functions, or both, are scheduled
Page 23, Line 8for repeal on September 1, 2031:
Page 23, Line 9(XII) The Colorado commission for the deaf, hard of hearing, and
Page 23, Line 10deafblind created in article 21 of title 26;
Page 23, Line 11SECTION 26. In Colorado Revised Statutes, 29-2-201, amend
Page 23, Line 12as it will become effective July 1, 2025, (8)(e) as follows:
Page 23, Line 1329-2-201. Definitions. As used in this part 2, unless the context
Page 23, Line 14otherwise requires:
Page 23, Line 15(8) "Sales or use tax" includes the:
Page 23, Line 16(e) Prepaid wireless TRS charge imposed pursuant to section
Page 23, Line 1729-11-102.7 section 40-17-104; and
Page 23, Line 18SECTION 27. In Colorado Revised Statutes, 29-2-202, amend
Page 23, Line 19as it will become effective July 1, 2025, (1)(b)(V) as follows:
Page 23, Line 2029-2-202. Applicability. (1) Except as provided in sections
Page 23, Line 2129-2-209 and 29-2-211, this part 2 applies to:
Page 23, Line 22(b) (V) The prepaid wireless TRS charge imposed pursuant to
Page 23, Line 23section 29-11-102.7 section 40-17-104; and
Page 23, Line 24SECTION 28. In Colorado Revised Statutes, 39-21-119.5,
Page 23, Line 25amend (2)(t) as follows:
Page 23, Line 2639-21-119.5. Mandatory electronic filing of returns -
Page 23, Line 27mandatory electronic payment - penalty - waiver - definitions.
Page 23, Line 28(2) Except as provided in subsection (6) of this section, the executive
Page 23, Line 29director may, as specified in subsection (3) of this section, require the
Page 23, Line 30electronic filing of returns and require the payment of any tax or fee due
Page 23, Line 31by electronic funds transfer for the following:
Page 23, Line 32(t) Any prepaid wireless telecommunications relay service charge
Page 23, Line 33report required to be filed and payment required to be made pursuant to
Page 23, Line 34section 29-11-102.7 (3) section 40-17-104; and
Page 23, Line 35SECTION 29. In Colorado Revised Statutes, 40-2-112, amend
Page 23, Line 36(1)(a) as follows:
Page 23, Line 3740-2-112. Computation of fees. (1) (a) On or before June 1 of
Page 23, Line 38each year, the executive director of the department of revenue shall
Page 23, Line 39ascertain the aggregate amount of gross operating revenues of telephone
Page 23, Line 40corporations and all other public utilities filing returns as provided in
Page 23, Line 41section 40-2-111. Based on appropriations made by the general assembly,
Page 23, Line 42the executive director of the department of regulatory agencies shall
Page 23, Line 43specify, for the telecommunications utility fund, created in section
Page 24, Line 140-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,
Page 24, Line 2created in section 40-2-114 (1)(b)(II), the revenue needed to provide for
Page 24, Line 3the direct and indirect costs of the supervision and regulation of telephone
Page 24, Line 4corporations and all other public utilities under the jurisdiction of the
Page 24, Line 5department of regulatory agencies, excluding the amount of money
Page 24, Line 6provided as administrative support from the various telecommunications
Page 24, Line 7programs administered by the commission, including the high cost
Page 24, Line 8support mechanism, established in section 40-15-208; the 911 surcharge,
Page 24, Line 9established in section 29-11-102.3; the 988 surcharge, established in
Page 24, Line 10section 40-17.5-102; and the telecommunications relay service
Page 24, Line 11telephone disability access surcharge, established in section
Page 24, Line 1240-17-103 section 40-17-102.
Page 24, Line 13SECTION 30. Safety clause. The general assembly finds,
Page 24, Line 14determines, and declares that this act is necessary for the immediate
Page 24, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 24, Line 16the support and maintenance of the departments of the state and state
Page 24, Line 17institutions.".