House Bill 25-1154 Preamended

A Bill for an Act

• Page 1, Line 101Concerning communication services for people with

• Page 1, Line 102disabilities, and, in connection therewith, creating the

• Page 1, Line 103communication services for people with disabilities

• Page 1, Line 104enterprise and making and reducing an appropriation.

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.)

Under current law, the state librarian administers the reading services for the blind program by supporting privately operated reading services for individuals who are blind or print-disabled, and the Colorado commission for the deaf, hard of hearing, and deafblind coordinates and advocates for the provision of, and access to, services and resources for individuals who are deaf, hard of hearing, or deafblind (services and resources). Sections 2 through 14 of the bill create the communication services for people with disabilities enterprise (enterprise) to provide these services and resources through imposition of an enterprise fee and administration of the communication services for people with hearing disabilities enterprise cash fund (communication services fund) and the reading services for the blind enterprise cash fund (reading fund).

Section 1 repeals the reading services for the blind function of the state librarian, which function is transferred to the enterprise in section 8.

Telecommunications relay services (TRS) are provided for individuals who are deaf, hard of hearing, or deafblind in the state through a monthly surcharge that wireline voice service providers collect from their telephone customers. Sections 16 and 17 transfer 77% of the money collected from the TRS monthly surcharge to the communication services fund and the reading fund based on the enterprise's imposition of the enterprise fee to finance the services and resources that the enterprise provides.

Sections 15 and 18 through 27 make conforming amendments.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 26-21-101 as follows:

• Page 2, Line 326-21-101.  Short title. The short title of this article 21 is the

• Page 2, Line 4"Colorado Commission for the Deaf, Hard of Hearing, and Deafblind

• Page 2, Line 5"Communication Services for People with Disabilities EnterpriseAct".

• Page 2, Line 6SECTION 2.  In Colorado Revised Statutes, repeal and reenact, with amendments, section 26-21-102 as follows:

• Page 2, Line 726-21-102.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 8(a)  A communications services for people with disabilities

• Page 2, Line 9enterprise, as well as the division and commission, facilitates the

• Page 3, Line 1provision of communication services that enable communication

• Page 3, Line 2between individuals who are deaf, hard of hearing, and

• Page 3, Line 3deafblind or who have speech disabilities and individuals without communication-related disabilities;

• Page 3, Line 4(b)  Under the federal "Americans with Disabilities Act of

• Page 3, Line 51990", 42 U.S.C. sec. 12101 et seq., and its related amendments and

• Page 3, Line 6implementing regulations, Colorado has a duty to provide

• Page 3, Line 7equivalent access to state government and public

• Page 3, Line 8accommodations to people with communication-related

• Page 3, Line 9disabilities. This duty requiresthe provision ofauxiliary

• Page 3, Line 10services, communications technology equipment,

• Page 3, Line 11telecommunications relay services, and other resources to ensure access.

• Page 3, Line 12(c)  Centralizing and unifying the resources creates a cost

• Page 3, Line 13savings for the state, facilitates quality control, and increases

• Page 3, Line 14the effectiveness of services, while increasing access to the services for fee payers; and

• Page 3, Line 15(d)  Communication between fee payers, both fee payers

• Page 3, Line 16with communication-related disabilities and those without,

• Page 3, Line 17requires telecommunication and electronic technologies and in-person means to meet all communication needs.

• Page 3, Line 18(2)  The general assembly further finds and declares that:

• Page 3, Line 19(a)  The communications services for people with

• Page 3, Line 20disabilities enterprise created in this article 21 provides valuable business services tofee payersby:

• Page 3, Line 21(I)  Coordinating the provision of, and access to, efficient

• Page 3, Line 22and effective services and resources for individuals who have communication needs related to their disabilities, including by:

• Page 4, Line 1(A)  Establishing and coordinating a communications

• Page 4, Line 2technology program to obtain and distribute interactive

• Page 4, Line 3telecommunications and other communications technology

• Page 4, Line 4equipment needed by individuals who have communication needs

• Page 4, Line 5related to theirdisabilities to assist them in communicating with

• Page 4, Line 6individuals with and without the same communication-related disabilities;

• Page 4, Line 7(B)  Establishing and coordinating a telecommunications

• Page 4, Line 8relay service program for individuals in the state who are deaf,

• Page 4, Line 9hard of hearing, deafblind, or speechdisabled to assist them in

• Page 4, Line 10communicating with fee payers with and without communication-related disabilities;

• Page 4, Line 11(C)  Arranging for qualified auxiliary services for the

• Page 4, Line 12state court system and for rural areas of the state for individuals who are deaf, hard of hearing, or deafblind; and

• Page 4, Line 13(D)  Approving sign language interpreter certifications as

• Page 4, Line 14valid and reliable in the state, thereby enabling appropriate

• Page 4, Line 15communication access services in relation to the workforce and in commerce; and

• Page 4, Line 16(II)  Coordinating and supporting the services and

• Page 4, Line 17resources described in subsection (2)(a)(I) of this section. The

• Page 4, Line 18enterprise and division help facilitate the engagement of

• Page 4, Line 19individuals who are deaf, hard of hearing, or deafblind or who

• Page 4, Line 20have speech or other communication-related disabilities in the

• Page 4, Line 21workforce and in commerce, thus providing benefits to Colorado

• Page 4, Line 22businesses andtheir customersthat benefit from the economic

• Page 5, Line 1development stimulated by the workforce and commercial engagement.

• Page 5, Line 2(b)  By providing the services and resources described in

• Page 5, Line 3subsection (2)(a) of this section, the enterprise engages in an

• Page 5, Line 4activity that is conducted in the pursuit of a benefit, gain, or livelihood;

• Page 5, Line 5(c)  Consistent with the determination of the Colorado

• Page 5, Line 6supreme court in Nicholl v. E-470 Public Highway Authority, 896

• Page 5, Line 7P.2d859 (Colo. 1995), that the power to impose taxes is

• Page 5, Line 8inconsistent with enterprise status under section 20 of article

• Page 5, Line 9X of the state constitution, the general assembly concludes

• Page 5, Line 10that the revenue collected by the enterprise is generated by fees, not taxes, because the money credited to the enterprise is:

• Page 5, Line 11(I)  For the specific purpose of allowing the enterprise to

• Page 5, Line 12defray the costs of providing the services and resources described in subsection (2)(a) of this section;

• Page 5, Line 13(II)  Collected at rates that are reasonablyrelated to

• Page 5, Line 14the costs of the services and resources provided by the enterprise; and

• Page 5, Line 15(III)  So long as the enterprise qualifies as an enterprise

• Page 5, Line 16for purposes of section 20 of article X of the state constitution,

• Page 5, Line 17notstate fiscal year spending, as defined in section 24-77-102

• Page 5, Line 18(17), or state revenues, as defined in section 24-77-103.6 (6)(c),

• Page 5, Line 19and does not count against either the state fiscal year spending

• Page 5, Line 20limit imposed by section 20 of article X of the state constitution

• Page 5, Line 21or the excess state revenues cap, as defined insection 24-77-103.6

• Page 5, Line 22(6)(b)(I)(G).

• Page 6, Line 1(d)  No other enterprise created simultaneously or within

• Page 6, Line 2the preceding five years serves primarily the same purpose as the

• Page 6, Line 3enterprise, and the enterprise will generate revenue from fees

• Page 6, Line 4and surcharges of less than one hundred million dollars total

• Page 6, Line 5in its first five fiscal years. Accordingly, the creation of the

• Page 6, Line 6enterprise does not require voter approval pursuant to section 24-77-108.

• Page 6, Line 7(e)  For purposes of the limit set forth in section 24-77-108, the first fiscal year of the enterprise is fiscal year 2024-25.

• Page 6, Line 8SECTION 3.  In Colorado Revised Statutes, 26-21-103, amend

• Page 6, Line 9(3); repeal (1); and add (2.3), (3.5), (4.4), (4.5), (4.6), (8.5), (11), and (12) as follows:

• Page 6, Line 1026-21-103.  Definitions. As used in this article 21, unless the context otherwise requires:

• Page 6, Line 11(1)  "Advisory council" means the Colorado deafblind advisory

• Page 6, Line 12council appointed by the commission in accordance with section 26-21-105 (2)(f).

• Page 6, Line 13(2.3)  "Board" means the board of directors of the enterprise appointed pursuant to section 26-21-103.5 (2).

• Page 6, Line 14(3)  "Commission" means the Colorado commission for the deaf,

• Page 6, Line 15hard of hearing, and deafblind advisory council created pursuant to section 26-21-104 (1).

• Page 6, Line 16(3.5)  "Communication access realtime translation" or

• Page 6, Line 17"CART" has the same meaning as "communication access realtime

• Page 6, Line 18translation (CART) reporter", as set forth in section 13-90-202 (5).

• Page 6, Line 19(4.4)  "Division" means the division for the deaf, hard of

• Page 7, Line 1hearing, and deafblind created in section 26-21-106within the enterprise.

• Page 7, Line 2(4.5)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 7, Line 3(4.6)  "Fund" means the Colorado division for the deaf,

• Page 7, Line 4hard of hearing, and deafblind cash fund created in section 26-21-107.

• Page 7, Line 5(8.5)  "Prepaid telephone disability access charge" or

• Page 7, Line 6"charge" means the charge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(III).

• Page 7, Line 7(11)  "Telecommunications relay services" means any

• Page 7, Line 8telecommunications services through a third party that allow

• Page 7, Line 9an individual who is deaf, hard of hearing, or deafblind or who

• Page 7, Line 10has a speech disability to communicate by any compatible

• Page 7, Line 11telecommunications service with one or more individuals in a

• Page 7, Line 12manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability.

• Page 7, Line 13(12)  "Telephone disability access surcharge" or

• Page 7, Line 14"surcharge" means the surcharge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(II).

• Page 7, Line 15SECTION 4.  In Colorado Revised Statutes, add 26-21-103.5 as follows:

• Page 7, Line 1626-21-103.5.  Communication services for people with

• Page 7, Line 17disabilities enterprise - created - board of directors - membership -

• Page 7, Line 18fees imposed - repeal. (1) (a)  The communication services for

• Page 7, Line 19people with disabilities enterprise is created in the state

• Page 7, Line 20department for the business purposes of:

• Page 8, Line 1(I)  Coordinating the provision of, and access to, efficient

• Page 8, Line 2and effective services and resources for individuals who have

• Page 8, Line 3communication needs related to their disabilities, including funding the division's duties, as described in section 26-21-106;

• Page 8, Line 4(II)  Imposing a telephone disability access surcharge on

• Page 8, Line 5service users, as defined in section 40-17-101 (11), inconsultation

• Page 8, Line 6with the public utilities commission, in an amount not to exceed

• Page 8, Line 7fifteen cents per month per telephone access line, as defined in

• Page 8, Line 8section 40-17-101 (10). The amount of the surcharge shall be

• Page 8, Line 9reviewed and may be adjusted once per year. The amount of the

• Page 8, Line 10surcharge, in combination with the prepaid telephone disability

• Page 8, Line 11access charge, shall be set at a ratereasonably related to the

• Page 8, Line 12overall cost of providing the services described in this

• Page 8, Line 13subsection(1)(a). The amount of the surcharge imposed per

• Page 8, Line 14telephone access line must be uniform, regardless of the technology used to provide the telephone access line.

• Page 8, Line 15(III)  Imposing a prepaid telephone disability access charge

• Page 8, Line 16on each retail transaction, as defined in section 40-17-101 (6), in

• Page 8, Line 17an amount to be established annually by the enterprise, in

• Page 8, Line 18consultationwith the public utilities commission, but not to

• Page 8, Line 19exceed fifteen cents per each retail transaction in which prepaid

• Page 8, Line 20wireless service is purchased in Colorado. The amount of the

• Page 8, Line 21charge shall be reviewed and may be adjusted once per year. The

• Page 8, Line 22amount of the charge, in combination with the telephone

• Page 8, Line 23disability access surcharge, shall be set at a ratereasonably

• Page 8, Line 24related to the overall cost of providing the servicesdescribed

• Page 8, Line 25in this subsection (1)(a).

• Page 9, Line 1(IV)  Inconsultationwith the public utilities commission

• Page 9, Line 2and the department of education, once per year,if needed,

• Page 9, Line 3adjusting the percentage of the telephone disability access

• Page 9, Line 4surcharge and the prepaid telephone disability access charge to

• Page 9, Line 5be used for the Colorado division for the deaf, hard of hearing,

• Page 9, Line 6and deafblind cash fund and the reading services for the blind

• Page 9, Line 7cash fund created in section 24-90-105.5 and by the state

• Page 9, Line 8librarian for the talking book library within the department of education.

• Page 9, Line 9(b)  The enterprise constitutes an enterprise for purposes

• Page 9, Line 10of section 20 of article X of the state constitution, so long as

• Page 9, Line 11the enterprise retains the authority to issue revenue bonds and

• Page 9, Line 12receives less than ten percent of its total annual revenue in

• Page 9, Line 13grants from all Colorado state and local governments

• Page 9, Line 14combined. So long as it constitutes an enterprise pursuant to

• Page 9, Line 15this subsection (1)(b), the enterprise is not subject to section 20 of article X of the state constitution.

• Page 9, Line 16(c)  Theboardshall administer the enterprise in accordance with this section.

• Page 9, Line 17(d)  The enterprise may issue revenue bonds to pay for the

• Page 9, Line 18expenses of the enterprise, which bonds are secured by revenue of the enterprise.

• Page 9, Line 19(e)  The enterprise may engage the services of contractors

• Page 9, Line 20and consultants for professional and technical assistance and

• Page 9, Line 21to supply other services related to the conduct of the affairs of

• Page 9, Line 22the enterprise, without regard to the "Procurement Code",

• Page 9, Line 23articles 101 to 112 of title 24. The enterprise shall engage the

• Page 10, Line 1attorney general's office for legal services. The state may

• Page 10, Line 2provide office space and staff to the enterprise pursuant to a

• Page 10, Line 3fair market rate contract entered into pursuant to this subsection (1)(e).

• Page 10, Line 4(f)  The enterprise shall not increase the amounts of the

• Page 10, Line 5telephone disability access surcharge or the prepaid telephone

• Page 10, Line 6disability access charge in an amount that causes the

• Page 10, Line 7cumulatively collected fees to exceed one hundred million dollars in the first five years of the enterprise's existence.

• Page 10, Line 8(2) (a) (I)  The enterprise shall be governed by a board of

• Page 10, Line 9directors appointed by the governor.The board must not exceed

• Page 10, Line 10seven members and must always consist of an odd number of members.

• Page 10, Line 11(II)  Members of the board serve three-year terms; except

• Page 10, Line 12that the terms shall be staggered so that no more than three

• Page 10, Line 13members' terms expire in the same year. The governor shall not appoint a member for more than two consecutive terms.

• Page 10, Line 14(III)  Board members do not receive compensation for

• Page 10, Line 15performing official duties of the board but may receive a per

• Page 10, Line 16diem or reimbursement for travel and other reasonable and

• Page 10, Line 17necessary expenses for performing official duties of the board. The per diem or reimbursement is paid from the fund.

• Page 10, Line 18(b) (I)  The governor shall appoint members of the board on or before June 30, 2025.

• Page 10, Line 19(II)  This subsection (2)(b) is repealed, effective July 1, 2026.

• Page 10, Line 20(c) (I)  The governor shall call the first meeting of the

• Page 10, Line 21board on or before October 1, 2025.

• (II)  This subsection (2)(c) is repealed, effective July 1, 2026.

• Page 11, Line 1SECTION 5.  In Colorado Revised Statutes, 26-21-104, amend (1); and add (5) as follows:

• Page 11, Line 226-21-104.  Commission created - appointments - repeal.

• Page 11, Line 3(1)  The Colorado commission for the deaf, hard of hearing, and

• Page 11, Line 4deafblind advisory council iscreated in the state department.of

• Page 11, Line 5human services. The division is under the jurisdiction of the

• Page 11, Line 6communication services for people with disabilities enterprise.

• Page 11, Line 7The commission is a type 2 entity, as defined in section 24-1-105, and

• Page 11, Line 8exercises its powers and performs its duties and functions under the

• Page 11, Line 9state department. of human services. The division and commission

• Page 11, Line 10shall advise the enterprise and state agencies regarding the

• Page 11, Line 11provision of services and resources for the deaf, hard-of-hearing, and deafblind community.

• Page 11, Line 12(5)  This section is repealed, effective September 1, 2031.

• Page 11, Line 13Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.

• Page 11, Line 14SECTION 6. In Colorado Revised Statutes, 26-21-105, amend (1); repeal (2)(f); and add (2)(g) and (5) as follows:

• Page 11, Line 1526-21-105.  Appointment of division director - division

• Page 11, Line 16procedures - commission's advisory role - repeal. (1)  The executive

• Page 11, Line 17director of the department of human services or the executive director's

• Page 11, Line 18designee shall appoint a director of the commission division. The

• Page 11, Line 19executive director of the department commission shall provide comment and input to the commission on the hiring of the division director.

• Page 11, Line 20(2) (f) (I)  There is created the Colorado deafblind advisory council

• Page 11, Line 21consisting of seven members.

• Page 12, Line 1(II)  The advisory council shall advise the commission, state and

• Page 12, Line 2local governments, and other relevant entities on how to increase

• Page 12, Line 3competitive integrated employment as defined in section 8-84-301,

• Page 12, Line 4enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.

• Page 12, Line 5(III)  The commission shall appoint initial members to the advisory

• Page 12, Line 6council by July 1, 2019. The commission shall designate four members

• Page 12, Line 7to serve an initial four-year term and three members to serve an initial

• Page 12, Line 8six-year term. After the initial terms, all subsequent appointees serve

• Page 12, Line 9four-year terms. The commission shall appoint a qualified person to fill

• Page 12, Line 10any vacancy on the advisory council for the remainder of any unexpired term. The advisory council has the following appointees:

• Page 12, Line 11(A)  One member who is deaf and blind;

• (B)  One member who is deaf and low vision;

• Page 12, Line 12(C)  One member who is hard of hearing and blind;

• (D)  One member who is hard of hearing and low vision;

• Page 12, Line 13(E)  One member who is latent deafblind;

• Page 12, Line 14(F)  One member who is a professional working with the deafblind community; and

• Page 12, Line 15(G)  One member who is a parent of a deafblind child.

• Page 12, Line 16(g)  The commission shall advise the division on its functions and duties as set forth in section 26-21-106.

• Page 12, Line 17(5)  Subsection (2) of this section and this subsection (5)

• Page 12, Line 18are repealed, effective September 1, 2031. Before the repeal,

• Page 12, Line 19subsection (2) of this section and this subsection (5) are scheduled for review in accordance with section 2-3-1203.

• Page 12, Line 20SECTION 7.  In Colorado Revised Statutes, 26-21-106, amend

• Page 13, Line 1(1) introductory portion, (1)(d), (1)(e) introductory portion, (1)(e)(I),

• Page 13, Line 2(1)(e)(II), (1)(f), (2), (3), (4) introductory portion, (4)(g)(II) introductory

• Page 13, Line 3portion, (4)(g)(II)(B), (6), (7) introductory portion, (7)(a), (7)(b), (8)

• Page 13, Line 4introductory portion, (8.5), (9)(a) introductory portion, (9)(a)(VIII),

• Page 13, Line 5(9)(b), and (9)(c)(I); repeal (9)(a)(IX); and add (1)(g), (1.5), and (1.7) as follows:

• Page 13, Line 626-21-106.  Division for the deaf, hard of hearing, and

• Page 13, Line 7deafblind - creation - powers, functions, and duties - programs -

• Page 13, Line 8report - rules - definitions. (1)  The division for the deaf, hard of

• Page 13, Line 9hearing, and deafblind is created in thecommunication services

• Page 13, Line 10for people with disabilities enterprise.The powers, functions, and duties of the commission division include:

• Page 13, Line 11(d)  Assessing how communications technology has affected the

• Page 13, Line 12needs of the deaf, hard of hearing, and deafblind, The commission shall

• Page 13, Line 13assess including the type and amount of equipment needed by the deaf,

• Page 13, Line 14hard-of-hearing, and deafblind persons community and

• Page 13, Line 15speech-disabled individuals who qualify under the federal poverty

• Page 13, Line 16guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42. U.S.C. 9902 (2);

• Page 13, Line 17(e)  Assessing the needs of the deaf, hard-of-hearing, and

• Page 13, Line 18deafblind community and reporting annually to the governor and the

• Page 13, Line 19general assembly any recommendations for legislation or and

• Page 13, Line 20administrative changes that may facilitate or streamline the provision of

• Page 13, Line 21general government services to individuals who are deaf, hard of

• Page 13, Line 22hearing, and or deafblind. Notwithstanding section 24-1-136 (11)(a)(I),

• Page 13, Line 23on or before September 1 of each year, the commission must division

• Page 13, Line 24shall file the report required by this subsection (1)(e). In preparing the

• Page 14, Line 1annual report and recommendations, the commission division shall consider the following:

• Page 14, Line 2(I)  Whether any existing statutory or administrative provisions

• Page 14, Line 3impede the ability of the commission division to act as a statewide

• Page 14, Line 4coordinating agency advocating for individuals who are deaf, hard of hearing, and or deafblind individuals in Colorado; and

• Page 14, Line 5(II)  Any methods, programs, or policies that may improve

• Page 14, Line 6communication and environmental accessibility and quality of existing

• Page 14, Line 7services, promote or deliver necessary new services, and assist state

• Page 14, Line 8agencies in the delivery of services to deaf, hard-of-hearing, and deafblind individuals;

• Page 14, Line 9(f)  Approving an entity's certification of a sign language

• Page 14, Line 10interpreters interpreter's certifications as valid and reliable in accordance with section 6-1-707 (1)(e)(I)(B); and

• Page 14, Line 11(g)  Coordinating the provision of a telecommunications

• Page 14, Line 12relay service program for individuals in the state who are deaf,

• Page 14, Line 13hard of hearing, or deafblind or speech-disabled. In doing so, this service shall:

• Page 14, Line 14(I)  Conform with section 401 of the federal "Americans

• Page 14, Line 15with Disabilities Act of 1990", 47 U.S.C. sec. 225, including the

• Page 14, Line 16provision for state application to the federal communications commission for certification;

• Page 14, Line 17(II)  Meet or exceed all operational, technical, and

• Page 14, Line 18functional minimum standards in federal communications

• Page 14, Line 19commission regulations governing telecommunication relay services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.

• Page 14, Line 20(1.5) (a)  On and after June 30, 2025, the rights, powers,

• Page 15, Line 1duties, and functions regarding the telecommunications relay

• Page 15, Line 2services vested in the public utilities commission prior to that

• Page 15, Line 3date are transferred from the public utilities commission to the

• Page 15, Line 4division for the division to perform the functions described in subsection (1)(g) of this section.

• Page 15, Line 5(b) (I)  On and after June 30, 2025, whenever any provision

• Page 15, Line 6of law refers to the public utilities commission in connection

• Page 15, Line 7with the functions transferred to the division pursuant to this

• Page 15, Line 8subsection (1.5), the law shall be construed as referring to the division.

• Page 15, Line 9(II)  Any contract entered into by the public utilities

• Page 15, Line 10commission prior to June 30, 2025, in connection with the

• Page 15, Line 11functions transferred to the division pursuant to this

• Page 15, Line 12subsection (1.5) is validated, with the division succeeding to all rights and obligations under the contract.

• Page 15, Line 13(III)  On and after June 30, 2025, the division shall satisfy

• Page 15, Line 14any obligations incurred by the public utilities commission, but

• Page 15, Line 15not yet paid, in connection with the functions transferred to the division pursuant to this subsection (1.5).

• Page 15, Line 16(1.7)  Pursuant to a contract entered into between the

• Page 15, Line 17division director and the board and without regard to the

• Page 15, Line 18"Procurement Code", articles 101 to 112 of title 24, the division

• Page 15, Line 19shall provide administrative, professional, and technical staff

• Page 15, Line 20to assist the board with the conduct of the affairs of the enterprise.

• Page 15, Line 21(2)  The commission division shall consider the findings of any

• Page 15, Line 22study authorized under this section and may approve, disapprove, or

• Page 16, Line 1amend the findings. After consideration of the findings, the commission

• Page 16, Line 2division shall submit a report with recommendations, including proposed

• Page 16, Line 3legislation, if necessary, to the governor and to the general assembly. The

• Page 16, Line 4commission division shall submit the report annually, notwithstanding

• Page 16, Line 5section 24-1-136 (11)(a)(I), and may combine the report with, or include

• Page 16, Line 6the report as a part of, the annual report prepared under subsection (1)(e) of this section.

• Page 16, Line 7(3)  The commission division shall establish and coordinate a

• Page 16, Line 8communications technology program that is consistent with the findings

• Page 16, Line 9of subsection (1) of this section to obtain and distribute interactive

• Page 16, Line 10telecommunications and other communications technology equipment

• Page 16, Line 11needed by individuals who are deaf, hard of hearing, and or deafblind persons or speech-disabled.

• Page 16, Line 12(4)  The commission division, in collaboration with the judicial

• Page 16, Line 13department, shall arrange for auxiliary services for deaf,

• Page 16, Line 14hard-of-hearing, and deafblind individuals for the state court system. Arranging auxiliary services for the state court system includes:

• Page 16, Line 15(g) (II)  For the purposes of As used in this subsection (4)(g):

• Page 16, Line 16(B)  "Qualified interpreter" means a person an individual who

• Page 16, Line 17has a valid certification of competency accepted by the commission

• Page 16, Line 18division and includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 16, Line 19(6)  The commission division shall establish and maintain

• Page 16, Line 20outreach and consulting services to improve and ensure effective access

• Page 16, Line 21to auxiliary services by critical state and local government agencies,

• Page 16, Line 22private agencies, and other entities. The commission division shall also

• Page 16, Line 23use these services to increase awareness of the programs funded by the

• Page 17, Line 1Colorado telephone users with disabilities fund established pursuant to

• Page 17, Line 2section 40-17-104 that the division funds and administers for the public.

• Page 17, Line 3(7)  The commission's division's outreach and consulting services include the following duties:

• Page 17, Line 4(a)  Provide resources to deaf, hard-of-hearing, and deafblind

• Page 17, Line 5individuals who have encountered barriers to obtaining necessary services;

• Page 17, Line 6(b)  Assist deaf, hard-of-hearing, and deafblind individuals in understanding and accessing services that may be available to them;

• Page 17, Line 7(8)  The commission division shall maintain a community access

• Page 17, Line 8program for one-on-one system navigating services to ensure resources

• Page 17, Line 9are available to deaf, hard-of-hearing, and deafblind individuals and

• Page 17, Line 10to protect each person's individual's right to effective communication

• Page 17, Line 11and access to environmental information. The community access program must include the following:

• Page 17, Line 12(8.5)  Community intervener program. (a)  On or before October

• Page 17, Line 131, 2023, the commission The division shall establish a family and

• Page 17, Line 14community intervener program. The family and community intervener

• Page 17, Line 15program shall work with children individuals who are deafblind to

• Page 17, Line 16facilitate critical connections between the child individual and the

• Page 17, Line 17child's individual's family, community, and environment. The family

• Page 17, Line 18and community intervener program must include but need not be limited

• Page 17, Line 19to, access to a family and community intervener with specific training in

• Page 17, Line 20deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:

• Page 17, Line 21(I)  Work one-on-one with a child an individual who is deafblind

• Page 18, Line 1in order to facilitate critical connections between the child individual and the child's their community, family, and environment;

• Page 18, Line 2(II)  Open channels of communication between the child individual and others;

• Page 18, Line 3(III)  Facilitate the development or use of receptive and expressive communication skills by the child individual;

• Page 18, Line 4(IV)  Develop and maintain a trusting, interactive relationship with the child individual that promotes social and emotional well-being; and

• Page 18, Line 5(V)  Provide the child individual with opportunities for learning and development in the community and at home.

• Page 18, Line 6(b)  The commission division shall hire an a family and

• Page 18, Line 7community intervener program manager to direct services for children

• Page 18, Line 8individuals who are deafblind with additional cognitive

• Page 18, Line 9disabilities, physical disabilities, or both and ensure that an intervener:

• Page 18, Line 10(I)  Works with no more than one child individual at a time;

• Page 18, Line 11(II)  Instructs and supports the child individual in skills related to community involvement;

• Page 18, Line 12(III)  Transports the child individual to gain access to community services and resources;

• Page 18, Line 13(IV)  Provides communication and information to the child

• Page 18, Line 14individual concerning the child's individual's environment that otherwise would be available through vision and hearing;

• Page 18, Line 15(V)  Uses interpersonal communication, including sign language,

• Page 18, Line 16speech, tangible communication symbols, gestures, calendars, and augmentative communication devices;

• Page 18, Line 17(VI)  Makes sights, sounds, and activities accessible to the child

• Page 19, Line 1individual by learning the child's individual's specific communication system; and

• Page 19, Line 2(VII)  Forms a working alliance with the deafblind child's

• Page 19, Line 3individual's family members, neighbors, community organizations, and professionals with whom the child individual has contact.

• Page 19, Line 4(c)  The family and community intervener program manager

• Page 19, Line 5shall document the following outcomes for intervener services in the child's individual's record:

• Page 19, Line 6(I)  Whether the child individual is effectively communicating wants and needs to the child's individual's intervener; and

• Page 19, Line 7(II)  Whether the child individual is actively participating in

• Page 19, Line 8community activities and activities of daily living to the extent of the child's individual's ability.

• Page 19, Line 9(d)  The intervener program manager and intervener shall

• Page 19, Line 10collaborate with other state agencies as appropriate that provide direct or

• Page 19, Line 11indirect services to children individuals who are deafblind and their

• Page 19, Line 12families to identify potential additional services or opportunities for children individuals who are deafblind.

• Page 19, Line 13(9) (a)  The commission division shall arrange for the provision

• Page 19, Line 14of auxiliary services in rural areas of the state by performing the following functions:

• Page 19, Line 15(VIII)  Establishing, monitoring, and publishing on the

• Page 19, Line 16commission's public website a list of available CART providers and

• Page 19, Line 17qualified interpreters, as defined in subsections (4)(g)(II)(A) and

• Page 19, Line 18(4)(g)(II)(B) of this section, respectively, who are willing to work in rural

• Page 19, Line 19areas for persons individuals who are deaf, hard of hearing, or

• Page 19, Line 20deafblind; and

• Page 20, Line 1(IX)  Creating an advisory council to make recommendations to

• Page 20, Line 2the commission about the provision of auxiliary services in rural areas; and

• Page 20, Line 3(b)  The executive director board shall promulgate adopt rules

• Page 20, Line 4in consultation with,or as proposed by, the commission division, with

• Page 20, Line 5input from the commission and the deaf, hard of hearing, and deafblind

• Page 20, Line 6community, regarding implementation of this subsection (9). The rules must define the term "rural area".

• Page 20, Line 7(c) (I)  On or before November 1, 2022, and on or before

• Page 20, Line 8November 1 of each year thereafter, the commission division shall

• Page 20, Line 9submit a report to the joint budget committee summarizing the

• Page 20, Line 10commission's division's implementation of the program described in this subsection (9) over the previous twelve months.

• Page 20, Line 11SECTION 8.  In Colorado Revised Statutes, 26-21-107, amend (1) as follows:

• Page 20, Line 1226-21-107.  Colorado division for the deaf, hard of hearing,

• Page 20, Line 13and deafblind cash fund - creation - gifts, grants, and donations -

• Page 20, Line 14reimbursement. (1) (a)  There is hereby created in the state treasury the

• Page 20, Line 15Colorado commission division for the deaf, hard of hearing, and

• Page 20, Line 16deafblind cash fund. All money credited to the fund must, pursuant to

• Page 20, Line 17section 26-21-103.5 (1)(a)(IV), be used exclusively for the

• Page 20, Line 18administration and discharge of the duties of the enterprise,

• Page 20, Line 19commission members, and division staff under this article 21. All

• Page 20, Line 20unexpended and unencumbered money remaining in the fund at

• Page 20, Line 21the end of a fiscal year and allmoney credited to the fund and any

• Page 20, Line 22interest earned from the investment of money in the fund remains in the

• Page 20, Line 23fund and does not revert to the general fund or any other fund at the end of any fiscal year.

• Page 21, Line 1(b)  Subject to annual appropriation from the general

• Page 21, Line 2assembly, the enterprise may expend money from the Colorado

• Page 21, Line 3division for the deaf, hard of hearing, and deafblind cash fund

• Page 21, Line 4for the purposes set forth in section 26-21-103.5 and to pay the enterprise's reasonable and necessary operating expenses.

• Page 21, Line 5SECTION 9.  In Colorado Revised Statutes, 26-21-107.5, amend (1), (2), and (7) as follows:

• Page 21, Line 626-21-107.5.  Colorado division for the deaf, hard of hearing,

• Page 21, Line 7and deafblind grant program - creation - standards - applications -

• Page 21, Line 8definition. (1)  The Colorado commission division for the deaf, hard of

• Page 21, Line 9hearing, and deafblind grant program is hereby established to provide

• Page 21, Line 10funding for entities to address improve communication between fee

• Page 21, Line 11payers by addressing the needs of Colorado's individuals whoaredeaf, hard-of-hearing, or hard of hearing, and deafblind. individuals.

• Page 21, Line 12(2) (a)  The Colorado commission division for the deaf, hard of

• Page 21, Line 13hearing, and deafblind grant program committee appointed pursuant to

• Page 21, Line 14section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.

• Page 21, Line 15(b)  The commission division shall pay the grants awarded

• Page 21, Line 16through the grant program from money appropriated by the general assembly.

• Page 21, Line 17(c)  Subject to available money, the general assembly shall

• Page 21, Line 18appropriate to the commission division no more than fifty thousand dollars annually to administer the grant program.

• Page 21, Line 19(7)  Grantees shall comply with reporting requirements established

• Page 21, Line 20by the commission division.

• Page 22, Line 1SECTION 10.  In Colorado Revised Statutes, 26-21-107.7,

• Page 22, Line 2amend (1)(a.5)(I), (1)(a.5)(II) introductory portion, (1)(c), (1)(d), (1)(e), (2), and (3); and repeal (1)(a.5)(III) as follows:

• Page 22, Line 326-21-107.7.  Colorado division for the deaf, hard of hearing,

• Page 22, Line 4and deafblind grant program committee - creation - members - duties

• Page 22, Line 5- reimbursement for expenses. (1) (a.5) (I)  There is hereby created the

• Page 22, Line 6Colorado commission division for the deaf, hard of hearing, and

• Page 22, Line 7deafblind grant program committee, referred to in this section as the

• Page 22, Line 8"committee", consisting of five members, for the purpose of

• Page 22, Line 9recommending to the commission division approval or disapproval of applications for the grant program.

• Page 22, Line 10(II)  The commission division shall appoint four members to the committee as follows:

• Page 22, Line 11(III)  This subsection (1)(a.5) is effective September 1, 2018, and

• Page 22, Line 12applies to appointments to the committee on or after September 1, 2018.

• Page 22, Line 13All initial appointments in accordance with this subsection (1)(a.5) must be made by September 30, 2018.

• Page 22, Line 14(c)  In appointing members to the committee, the commission

• Page 22, Line 15division shall choose persons individuals who have knowledge and

• Page 22, Line 16awareness of innovative strategies that address challenges faced by the

• Page 22, Line 17deaf, hard-of-hearing, and deafblind community and speech-disabled communities.

• Page 22, Line 18(d)  The appointed members of the committee shall serve

• Page 22, Line 19three-year terms. except that, of the members first appointed, one of the

• Page 22, Line 20members shall serve a two-year term and two of the members shall serve

• Page 22, Line 21one-year terms. The commission shall choose those members who shall

• Page 22, Line 22serve the initial shortened terms. If a vacancy arises in one of the

• Page 23, Line 1appointed positions, the commission division shall appoint a replacement to fill the vacancy for the remainder of the term.

• Page 23, Line 2(e)  Members of the committee are entitled to be reimbursed out

• Page 23, Line 3of available appropriations for all actual and necessary expenses incurred in the performance of their duties.

• Page 23, Line 4(2)  The committee shall review all applications received pursuant

• Page 23, Line 5to section 26-21-107.5. Based on criteria established by the commission

• Page 23, Line 6division, the committee shall recommend to the commission division

• Page 23, Line 7those applications to approve, with recommended grant amounts, and those to disapprove.

• Page 23, Line 8(3)  The commission division shall review and may follow the

• Page 23, Line 9recommendations of the committee for approval or disapproval of

• Page 23, Line 10applications for the grant program and for grant amounts. If the

• Page 23, Line 11commission division disagrees with the recommendations of the

• Page 23, Line 12committee, the executive director of the department shall have division

• Page 23, Line 13has final decision-making authority to approve or disapprove the applications and to set the grant amounts.

• Page 23, Line 14SECTION 11.  In Colorado Revised Statutes, add 26-21-107.9 as follows:

• Page 23, Line 1526-21-107.9.  Rules.The board may adopt rules as necessary to implement this article 21.

• Page 23, Line 16SECTION 12.  In Colorado Revised Statutes, repeal 26-21-108 as follows:

• Page 23, Line 1726-21-108.  Repeal of article - sunset review.(1)  This article 21 is repealed, effective September 1, 2031.

• Page 23, Line 18(2)  Prior to the repeal, the commission shall be reviewed as

• Page 23, Line 19provided for in section 24-34-104, C.R.S.

• Page 24, Line 1SECTION 13.  In Colorado Revised Statutes, 24-90-105.5, amend (5) as follows:

• Page 24, Line 224-90-105.5.  Literacy support services for persons who are

• Page 24, Line 3blind or print-disabled - authority of state librarian - fund. (5)  The

• Page 24, Line 4general assembly recognizes the importance of privately operated reading

• Page 24, Line 5services to enable persons who are blind or print-disabled to gain access

• Page 24, Line 6to otherwise inaccessible print materials. The state librarian has the

• Page 24, Line 7authority to administer money in the reading services for the blind cash

• Page 24, Line 8fund, which fund is created in the state treasury, pursuant to section

• Page 24, Line 926-21-103.5 (1)(a)(IV), for the support of privately operated reading

• Page 24, Line 10services. The fund consists of any public or private money transferred,

• Page 24, Line 11appropriated, or otherwise credited to the fund. All money credited to the

• Page 24, Line 12fund and all interest earned on the investment of money in the fund is a

• Page 24, Line 13part of the fund and must not be transferred or credited to the general

• Page 24, Line 14fund or to any other fund except as directed by the general assembly

• Page 24, Line 15acting by bill. The general assembly shall make annual appropriations

• Page 24, Line 16from the reading services for the blind cash fund to the state librarian to carry out the purposes of this section.

• Page 24, Line 17SECTION 14.  In Colorado Revised Statutes, repeal 29-11-102.7.

• Page 24, Line 18SECTION 15.  In Colorado Revised Statutes, repeal and reenact, with amendments, article 17 of title 40 as follows:

• Page 24, Line 19ARTICLE 17

• Telephone Disability Access

• Page 24, Line 2040-17-101.  Definitions.As used in this article 17, unless the context otherwise requires:

• Page 24, Line 21(1)  "Commission" means the public utilities commission

• Page 24, Line 22created in section 40-2-101.

• Page 25, Line 1(2)  "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.

• Page 25, Line 2(3)  "Department" means the department of revenue.

• Page 25, Line 3(4)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 25, Line 4(5)  "Prepaid telephone disability access charge" or

• Page 25, Line 5"charge" means the charge imposed by the communication

• Page 25, Line 6services for people with disabilities enterprise pursuant to section 26-21-103.5 (1)(a)(III).

• Page 25, Line 7(6)  "Retail transaction" means the purchase of prepaid

• Page 25, Line 8wireless telecommunications service from a seller for any purpose other than resale.

• Page 25, Line 9(7)  "Seller" means a person that sells prepaid wireless telecommunications services to another person.

• Page 25, Line 10(8)  "Service supplier" means a person providingvoice

• Page 25, Line 11telephone access lines to any service user in the state, either directly or by resale.

• Page 25, Line 12(9)  "Service user" means a person that is provided avoicetelephone access line in the state.

• Page 25, Line 13(10)  "Telephone access line" means a voice grade channel

• Page 25, Line 14or its equivalent assigned to a residential or commercial end

• Page 25, Line 15user customer by a service supplier, regardless of the technology used to provide the service.

• Page 25, Line 16(11)  "Telephone disability access surcharge" or

• Page 25, Line 17"surcharge" means the surcharge imposed by the communication

• Page 25, Line 18services for people with disabilities enterprise pursuant to

• Page 25, Line 19section 26-21-103.5 (1)(a)(II).

• Page 26, Line 140-17-102.  Telephone disability access surcharges collected for

• Page 26, Line 2the enterprise -Colorado telephone users with disabilities fund -

• Page 26, Line 3created -remittance - rules. (1)  The commission shall collect, on

• Page 26, Line 4behalf of the communication services for people with disabilities

• Page 26, Line 5enterprise, the telephone disability access surcharge to fund

• Page 26, Line 6the enterprise. The commission shall collaborate with the

• Page 26, Line 7enterprise to establish the amount of the surcharge once per year.

• Page 26, Line 8(2) (a)  Each service supplier shall collect the surcharge

• Page 26, Line 9from its service users. The surcharge is the liability of the

• Page 26, Line 10service user and not of the service supplier; except that the

• Page 26, Line 11service supplier is liable to remit all surcharges that the service supplier collects from service users.

• Page 26, Line 12(b)  The surcharge shall be listed as a separate item that appears on a service user's monthly billing statement.

• Page 26, Line 13(3) (a)  The service supplier shall remit the collected

• Page 26, Line 14surcharges to the commission on a monthly basis in a manner

• Page 26, Line 15established by the commission. The commission shall establish

• Page 26, Line 16remittance procedures by rule. A service supplier is subject to

• Page 26, Line 17the penalties and procedures set forth in section 40-17-103 for

• Page 26, Line 18the failure to collect or correctly remit a surcharge in accordance with this section.

• Page 26, Line 19(b)  A service supplier may deduct and retain one percent

• Page 26, Line 20of the surcharges that are collected by the service supplier from its service users.

• Page 26, Line 21(c) (I)  The state treasurer shall credit the surcharge

• Page 26, Line 22collections remitted to the commission pursuant to subsection

• Page 27, Line 1(3)(a) of this section to the Colorado division for the deaf, hard

• Page 27, Line 2of hearing, and deafblind cash fund created in section 26-21-107

• Page 27, Line 3(1). Any surcharge transmitted to the state treasurer that is

• Page 27, Line 4collected on behalf of the enterprise is excluded from state fiscal year spending.

• Page 27, Line 5(II)  The commission may retain up to four percent of the

• Page 27, Line 6collected surcharges necessary to reimburse the commission for

• Page 27, Line 7its direct and indirect costs of administering the collection and

• Page 27, Line 8remittance of surcharges for the enterprise, including costs

• Page 27, Line 9related to conducting audits of service suppliers in accordance

• Page 27, Line 10with section 40-17-103.Money that the commission retains

• Page 27, Line 11pursuant to this subsection (3)(c)(II) shall be credited to the

• Page 27, Line 12Colorado telephone users with disabilities fund, which fund is

• Page 27, Line 13created in the state treasury. The fund consists of money

• Page 27, Line 14credited to the fund pursuant to this subsection (3)(c)(II) and

• Page 27, Line 15any other money that the general assembly may appropriate or

• Page 27, Line 16transfer to the fund. The state treasurer shall credit all

• Page 27, Line 17interest and income derived from the deposit and investment of

• Page 27, Line 18money in the Colorado telephone users with disabilities fund to the fund.

• Page 27, Line 19(4)  The surcharge imposed by the enterprise pursuant to

• Page 27, Line 20section 26-21-103.5 (1)(a)(II) is the only direct communication

• Page 27, Line 21services for people with disabilities funding obligation imposed

• Page 27, Line 22upon service users in the state. No tax, fee, surcharge, or other

• Page 27, Line 23charge to fund the enterprise is imposed by the state, any

• Page 27, Line 24political subdivision of the state, or any intergovernmental

• Page 27, Line 25agency upon a seller or consumer with respect to the sale,

• Page 28, Line 1purchase, use, or provision of a telephone access line in the state.

• Page 28, Line 2(5)  This section does not apply to prepaid wireless telecommunications services.

• Page 28, Line 3(6)  The telephone disability access surcharge shall not be

• Page 28, Line 4imposed on the service supplier or the service users with respect to federally supported lifeline service.

• Page 28, Line 540-17-103.  Service supplier obligations - penalties - audits -

• Page 28, Line 6rules. (1)  Every service supplier shall collect the telephone disability access surcharge from its service users.

• Page 28, Line 7(2)  A service supplier is liable only for the surcharge

• Page 28, Line 8collected pursuant to this article 17 until the surcharge is

• Page 28, Line 9remitted to the commission. The amount remitted by the service

• Page 28, Line 10supplier must reflect the actual collections based on the actual telephone access line billed.

• Page 28, Line 11(3)  A service supplier shall remit the surcharge in

• Page 28, Line 12accordance with section 40-17-102 and rules adopted by the commission.

• Page 28, Line 13(4) (a)  The service supplier shall maintain a record of the

• Page 28, Line 14amount of each surcharge collected and remitted by the service

• Page 28, Line 15user address for a period of three years after the time the charge is collected and remitted.

• Page 28, Line 16(b)  If a service supplier fails to timely file a report and

• Page 28, Line 17remit the surcharge as required by this section, or if a service

• Page 28, Line 18supplier files an incorrect report or fails to remit the correct

• Page 28, Line 19amount, the commission shall estimate the amount of the

• Page 28, Line 20remittance due for the period or periods for which the service

• Page 29, Line 1supplier is delinquent. The commission shall make the estimate

• Page 29, Line 2based on the information available. The commission shall

• Page 29, Line 3compute and assess a penalty equal to fifteen percent of the

• Page 29, Line 4estimate of the delinquent amount and shall assess interest on

• Page 29, Line 5the delinquent charges at the rate of one percent each month from the date when due until the date paid.

• Page 29, Line 6(c)  Except as provided in this section and unless such time

• Page 29, Line 7is extended by agreement pursuant to subsection (4)(d) of this

• Page 29, Line 8section, the amount of a delinquent remittance and the penalty

• Page 29, Line 9and interest owed pursuant to subsection (4)(b) of this section,

• Page 29, Line 10other than interest accruing thereafter, shall be assessed

• Page 29, Line 11within three years after the date the incorrect report was filed

• Page 29, Line 12or the delinquent report was to be filed. The commission shall

• Page 29, Line 13not file a notice of lien, issue a distraint warrant, institute a

• Page 29, Line 14suit for collection, or take other action to collect the amount

• Page 29, Line 15after the expiration of such period unless the commission issues

• Page 29, Line 16a notice of assessment for the amount within such period or

• Page 29, Line 17within an extended period pursuant to subsection (4)(d) of this section.

• Page 29, Line 18(d)  If, before the expiration of the time prescribed for the

• Page 29, Line 19assessment of delinquent amounts in subsection (4)(c) of this

• Page 29, Line 20section, the commission and the service supplier consent in

• Page 29, Line 21writing to an assessment after such time, the amount

• Page 29, Line 22calculated in accordance with subsection (4)(b) of this section

• Page 29, Line 23may be assessed at any time prior to the expiration of the period

• Page 29, Line 24agreed upon. The period agreed upon may be extended by

• Page 29, Line 25subsequent agreements in writing made before the expiration of

• Page 30, Line 1the period previously agreed upon. The commission may file a lien

• Page 30, Line 2against the property of the service supplier for up to one year

• Page 30, Line 3after the expiration of any such period, unless otherwise specifically provided in this article 17.

• Page 30, Line 4(e)  The commission may conduct an audit of a service

• Page 30, Line 5supplier's books and records concerning the collection and

• Page 30, Line 6remittance of the charges authorized under this article 17. A

• Page 30, Line 7public inspection of the audit and of documents reviewed in the

• Page 30, Line 8audit is subject to section 24-72-204. The commission is

• Page 30, Line 9responsible for expenses the commission may incur to conduct

• Page 30, Line 10the audit. In connection with audits performed, service suppliers

• Page 30, Line 11shall make relevant records available to the auditors at no

• Page 30, Line 12charge. The commission shall adopt rules governing the audit and appeal procedures.

• Page 30, Line 13(f)  The commission shall deposit any penalties collected

• Page 30, Line 14or interest in the Colorado division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).

• Page 30, Line 1540-17-104.  Prepaidtelephone disability access charges

• Page 30, Line 16collected for the enterprise -prepaid wireless trust cash fund -

• Page 30, Line 17created -remittance - rules. (1) (a)  A seller shall collect, on

• Page 30, Line 18behalf of the enterprise, the prepaid telephone disability access

• Page 30, Line 19charge from the consumer on each retail transaction occurring

• Page 30, Line 20in the state. The amount of the prepaid telephone disability

• Page 30, Line 21access charge shall be disclosed to the consumer on an invoice,

• Page 30, Line 22a receipt, or other similar document that the seller provides to

• Page 30, Line 23the consumer. A seller shall elect to either disclose or

• Page 30, Line 24separately state the charge and not change the election

• Page 31, Line 1without the written consent of the department. The seller is

• Page 31, Line 2deemed to have collected the charge notwithstanding the

• Page 31, Line 3seller's failure to separately disclose or state the charge on an

• Page 31, Line 4invoice, a receipt, or other similar document that the seller provides the consumer.

• Page 31, Line 5(b)  For purposes of this section, a retail transaction occurs in Colorado if:

• Page 31, Line 6(I)  The consumer effects the retail transaction in person at a business location in Colorado;

• Page 31, Line 7(II)  If subsection (1)(b)(I) of this section does not apply, the

• Page 31, Line 8product is delivered to the consumer at a Colorado address provided to the seller;

• Page 31, Line 9(III)  If subsections (1)(b)(I) and (1)(b)(II) of this section do

• Page 31, Line 10not apply, the seller's records, maintained in the ordinary

• Page 31, Line 11course of business, indicate that the consumer's address is in Colorado, and the records are not made or kept in bad faith;

• Page 31, Line 12(IV)  If subsections (1)(b)(I) to (1)(b)(III) of this section do

• Page 31, Line 13not apply, the consumer gives a Colorado address during the

• Page 31, Line 14consummation of the sale, including the consumer's payment

• Page 31, Line 15instrument if no other address is available, and there is no indication that the address is given in bad faith; or

• Page 31, Line 16(V)  If subsections (1)(b)(I) to (1)(b)(IV) of this section do

• Page 31, Line 17not apply, the consumer's mobile telephone number is associated with a Colorado location.

• Page 31, Line 18(c)  The prepaid telephone disability access charge is the

• Page 31, Line 19liability of the consumer and not of the seller; except that the

• Page 31, Line 20seller is liable to remit all charges that the seller collects from a consumer as provided in subsection (2) of this section.

• Page 32, Line 1(d)  The amount of the prepaid telephone disability access

• Page 32, Line 2charge that is collected by a seller from a consumer is not

• Page 32, Line 3included in the base for measuring any tax, fee, surcharge, or

• Page 32, Line 4other charge that is imposed by the state, any political subdivision of the state, or any intergovernmental agency.

• Page 32, Line 5(2) (a)  The seller shall remit any collected prepaid

• Page 32, Line 6telephone disability access charges to the department at the

• Page 32, Line 7times and in the manner provided in part 1 of article 26 of title

• Page 32, Line 839. The department shall establish, by rule, registration and

• Page 32, Line 9payment procedures that substantially coincide with the

• Page 32, Line 10registration and payment procedures that apply under part 1 of

• Page 32, Line 11article 26 of title 39. A seller is subject to the penalties under

• Page 32, Line 12part 1 of article 26 of title 39 for failure to collect or remit a charge in accordance with this section.

• Page 32, Line 13(b)  A seller may deduct and retain three and three-tenths

• Page 32, Line 14percent of the prepaid telephone disability access charges that are collected by a seller from consumers.

• Page 32, Line 15(c)  The audit and appeal procedures applicable to the

• Page 32, Line 16state sales tax pursuant to part 1 of article 26 of title 39 apply to prepaid telephone disability access charges.

• Page 32, Line 17(d)  The department shall, by rule, establish procedures by

• Page 32, Line 18which a seller may document that a transaction is not a retail

• Page 32, Line 19transaction, which procedures must substantially coincide with

• Page 32, Line 20the procedures for documenting that a sale was wholesale for

• Page 32, Line 21purposes of the sales tax pursuant to part 1 of article 26 of title

• Page 32, Line 2239.

• Page 33, Line 1(e) (I)  The state treasurer shall credit the prepaid

• Page 33, Line 2telephone disability access charges remitted to the department

• Page 33, Line 3pursuant to subsection (2)(a) of this section to the Colorado

• Page 33, Line 4division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).

• Page 33, Line 5(II)  The department may retain up to three percent of the

• Page 33, Line 6collected charges necessary to reimburse the department for

• Page 33, Line 7its direct costs of administering the collection and remittance

• Page 33, Line 8of prepaid telephone disability access charges.Money that the

• Page 33, Line 9department retains pursuant to this subsection (2)(e)(II) shall be

• Page 33, Line 10credited to the prepaid wireless trust cash fund, which fund is

• Page 33, Line 11created in the state treasury. The fund consists of money

• Page 33, Line 12credited to the fund pursuant to this subsection (2)(e)(II) and

• Page 33, Line 13any other money that the general assembly may appropriate or

• Page 33, Line 14transfer to the fund. The state treasurer shall credit all

• Page 33, Line 15interest and income derived from the deposit and investment of money in the prepaid wireless trust cash fund to the fund.

• Page 33, Line 16(3)  The prepaid telephone disability access charge is the

• Page 33, Line 17only direct disability communication access funding obligation

• Page 33, Line 18imposed with respect to prepaid wireless telecommunications

• Page 33, Line 19service in the state. No tax, fee, surcharge, or other charge to

• Page 33, Line 20fund disability communication access is imposed by the state, any

• Page 33, Line 21political subdivision of the state, or any intergovernmental

• Page 33, Line 22agency upon a seller or consumer with respect to the sale,

• Page 33, Line 23purchase, use, or provision of prepaid wireless telecommunications service.

• Page 33, Line 24(4)  The prepaid telephone disability access charge shall

• Page 34, Line 1not be imposed on the seller or the consumer with respect to federally supported lifeline service.

• Page 34, Line 2SECTION 16. In Colorado Revised Statutes, 2-3-1203, add (22)(a)(VII) as follows:

• Page 34, Line 32-3-1203.  Sunset review of advisory committees - legislative

• Page 34, Line 4declaration - definition - repeal. (22) (a)  The following statutory

• Page 34, Line 5authorizations for the designated advisory committees will repeal on September 1, 2031:

• Page 34, Line 6(VII)  The Colorado commission for the deaf, hard of

• Page 34, Line 7hearing, and deafblind advisory council, as set forth in sections 26-21-104 and 26-21-105 (2) and (5).

• Page 34, Line 8SECTION 17.  In Colorado Revised Statutes, 6-1-707, amend (1)(e)(I)(B) as follows:

• Page 34, Line 96-1-707.  Use of title or degree - deceptive trade practice. (1)  A

• Page 34, Line 10person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 34, Line 11(e) (I)  Claims to be a "sign language interpreter", "interpreter for

• Page 34, Line 12the deaf", "deaf interpreter", "ASL-English interpreter", "American sign

• Page 34, Line 13language (ASL) interpreter", "translator" for sign language,

• Page 34, Line 14"transliterator", "certified sign language interpreter", "certified translator"

• Page 34, Line 15for sign language, "certified interpreter for the deaf", "certified deaf

• Page 34, Line 16interpreter", "certified ASL-English interpreter", "certified American sign

• Page 34, Line 17language (ASL) interpreter", or "certified transliterator", unless the person holds:

• Page 34, Line 18(B)  Any A currently valid certification for sign language

• Page 34, Line 19interpretation that is approved by the Colorado commission division for

• Page 34, Line 20the deaf, hard of hearing, and deafblind pursuant to section 26-21-106 (1)(f).

• Page 35, Line 1SECTION 18.  In Colorado Revised Statutes, amend 13-71-137 as follows:

• Page 35, Line 213-71-137.  Duties and responsibilities of auxiliary services

• Page 35, Line 3providers for jurors who are deaf, hard of hearing, or deafblind.

• Page 35, Line 4(1)  The court may provide, through the list of available resources

• Page 35, Line 5coordinated through the Colorado commission division for the deaf, hard

• Page 35, Line 6of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified

• Page 35, Line 7provider of auxiliary services, provider, as defined in section 13-90-202

• Page 35, Line 8(8) (3), to assist during a trial a juror who is deaf, hard of hearing, or

• Page 35, Line 9deafblind. In the presence of the jury, the court shall instruct the qualified

• Page 35, Line 10auxiliary services provider to make true and complete translations of all

• Page 35, Line 11court proceedings to the juror who is deaf, hard of hearing, or deafblind to the best of the qualified auxiliary services provider's ability.

• Page 35, Line 12(2)  The qualified interpreter is subject to the same orders and

• Page 35, Line 13admonitions given to the jurors. The court shall permit a qualified

• Page 35, Line 14auxiliary services provider to be present and assist a juror who is deaf,

• Page 35, Line 15hard of hearing, or deafblind during the deliberations of the jury. In the

• Page 35, Line 16presence of the jury, the court shall instruct the qualified auxiliary

• Page 35, Line 17services provider to refrain from participating in any manner in the

• Page 35, Line 18deliberation of the jury and to refrain from having any communications

• Page 35, Line 19with any member of the jury regarding deliberation, except for true and

• Page 35, Line 20complete translations of jurors' remarks made during deliberation. A jury

• Page 35, Line 21verdict reached in the presence of a qualified auxiliary services provider, during deliberation, is valid.

• Page 35, Line 22SECTION 19.  In Colorado Revised Statutes, 13-90-202, amend

• Page 35, Line 23(8); repeal (4); and add (6.3) and (7.3) as follows:

• Page 36, Line 113-90-202.  Definitions. As used in this part 2, unless the context otherwise requires:

• Page 36, Line 2(4)  "Commission" means the Colorado commission for the deaf,

• Page 36, Line 3hard of hearing, and deafblind in the department of human services created in section 26-21-104.

• Page 36, Line 4(6.3)  "Division" means the division for the deaf, hard of

• Page 36, Line 5hearing, and deafblind in the department of human services created in section 26-21-106 (1).

• Page 36, Line 6(7.3)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 36, Line 7(8)  "Qualified interpreter" means a person who has a valid

• Page 36, Line 8certification of competency accepted by the commission division and

• Page 36, Line 9includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 36, Line 10SECTION 20.  In Colorado Revised Statutes, amend 13-90-203 as follows:

• Page 36, Line 1113-90-203.  Powers and duties of the enterprise - rules. The

• Page 36, Line 12department of human services board of directors of the enterprise

• Page 36, Line 13shall promulgate adopt rules pursuant to article 4 of title 24 C.R.S.,

• Page 36, Line 14which have been proposed by the commission as necessary for the

• Page 36, Line 15implementation of this part 2. The rule-making process shall be open and

• Page 36, Line 16available for input from the public, including but not limited to interpreters and consumers of interpreter services.

• Page 36, Line 17SECTION 21.  In Colorado Revised Statutes, amend 13-90-205 as follows:

• Page 36, Line 1813-90-205.  Coordination of auxiliary services requests. (1)  The

• Page 36, Line 19commission division, in collaboration with the judicial department, shall

• Page 37, Line 1establish, monitor, coordinate, and publish a list of available resources

• Page 37, Line 2regarding communication accessibility for persons individuals who are

• Page 37, Line 3deaf, hard of hearing, or deafblind, including qualified auxiliary services

• Page 37, Line 4providers, for use by an appointing authority pursuant to section

• Page 37, Line 513-90-204. The list must contain the names of private individual

• Page 37, Line 6providers and agencies that secure qualified auxiliary services for assignment.

• Page 37, Line 7(2)  Whenever a qualified auxiliary service is required pursuant to

• Page 37, Line 8section 13-90-204, the appointing authority shall secure the auxiliary

• Page 37, Line 9service through the list of available resources made available and

• Page 37, Line 10coordinated by the commission division in accordance with subsection (1) of this section.

• Page 37, Line 11(3)  The commission division shall provide auxiliary services for

• Page 37, Line 12a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The

• Page 37, Line 13commission division does not have additional responsibilities beyond the

• Page 37, Line 14requirements of subsection (1) of this section for a proceeding described in section 13-90-204 (1)(d) or (1)(f).

• Page 37, Line 15SECTION 22.  In Colorado Revised Statutes, amend 13-90-210 as follows:

• Page 37, Line 1613-90-210.  Compensation.Subject to the appropriations Per the

• Page 37, Line 17funding available to the commission division, a qualified interpreter or

• Page 37, Line 18computer-aided realtime translation reporter auxiliary services

• Page 37, Line 19provider provided pursuant to section 13-90-204 shall be entitled to

• Page 37, Line 20compensation for his or her shall be compensated for their services,

• Page 37, Line 21including waiting time and necessary travel and subsistence expenses.

• Page 37, Line 22The amount of compensation shall be based on a fee schedule for

• Page 37, Line 23qualified interpreters and auxiliary services providers established by the commission division.

• Page 38, Line 1SECTION 23.  In Colorado Revised Statutes, 18-1.3-701, amend (1)(c) as follows:

• Page 38, Line 218-1.3-701.  Judgment of costs and fines - definitions.

• Page 38, Line 3(1) (c)  Judgments collected pursuant to this section for fees for auxiliary

• Page 38, Line 4services provided pursuant to section 13-90-204, and reimbursed pursuant

• Page 38, Line 5to section 13-90-210, shall be remitted to the Colorado commission

• Page 38, Line 6division for the deaf, hard of hearing, and deafblind in the department of human services cash fund created in section 26-21-104 26-21-107.

• Page 38, Line 7SECTION 24.  In Colorado Revised Statutes, 24-1-120, amend (5)(h); and add (5)(g.5) and (5)(g.7) as follows:

• Page 38, Line 824-1-120.  Department of human services - creation. (5)  The department of human services includes the following:

• Page 38, Line 9(g.5)  The communication services for people with

• Page 38, Line 10disabilities enterprise, created in article 21 of title 26. The

• Page 38, Line 11enterprise is a type 1 entity, as defined in section 24-1-105, and

• Page 38, Line 12exercises its powers and performs its duties and functions under the department.

• Page 38, Line 13(g.7)  The division for the deaf, hard of hearing, and

• Page 38, Line 14deafblind created in article 21 of title 26. The division is a type

• Page 38, Line 152 entity, as defined in section 24-1-105, and exercises its powers and functions under the department.

• Page 38, Line 16(h)  The Colorado commission for the deaf, hard of hearing, and

• Page 38, Line 17deafblind advisory council, created in article 21 of title 26. The

• Page 38, Line 18Colorado commission for the deaf, hard of hearing, and deafblind is a

• Page 38, Line 19type 2 entity, as defined in section 24-1-105, and exercises its powers and

• Page 38, Line 20performs its duties and functions under the department.

• Page 39, Line 1SECTION 25.  In Colorado Revised Statutes, 24-34-104, repeal (32)(a)(XII) as follows:

• Page 39, Line 224-34-104.  General assembly review of regulatory agencies

• Page 39, Line 3and functions for repeal, continuation, or reestablishment - legislative

• Page 39, Line 4declaration - repeal. (32) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:

• Page 39, Line 5(XII)  The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26;

• Page 39, Line 6SECTION 26.  In Colorado Revised Statutes, 29-2-201, amend as it will become effective July 1, 2025, (8)(e) as follows:

• Page 39, Line 729-2-201.  Definitions. As used in this part 2, unless the context otherwise requires:

• Page 39, Line 8(8)  "Sales or use tax" includes the:

• Page 39, Line 9(e)  Prepaidwireless TRS telephone disability accesscharge imposed pursuant to section 29-11-102.7 section 40-17-104; and

• Page 39, Line 10SECTION 27.  In Colorado Revised Statutes, 29-2-202, amend as it will become effective July 1, 2025, (1)(b)(V) as follows:

• Page 39, Line 1129-2-202.  Applicability. (1)  Except as provided in sections 29-2-209 and 29-2-211, this part 2 applies to:

• Page 39, Line 12(b) (V)  The prepaidwireless TRS telephone disability accesscharge imposed pursuant to section 29-11-102.7 section 40-17-104; and

• Page 39, Line 13SECTION 28.  In Colorado Revised Statutes, 39-21-119.5, amend (2)(t) as follows:

• Page 39, Line 1439-21-119.5.  Mandatory electronic filing of returns -

• Page 39, Line 15mandatory electronic payment - penalty - waiver - definitions.

• Page 39, Line 16(2)  Except as provided in subsection (6) of this section, the executive

• Page 39, Line 17director may, as specified in subsection (3) of this section, require the

• Page 40, Line 1electronic filing of returns and require the payment of any tax or fee due by electronic funds transfer for the following:

• Page 40, Line 2(t)  Any prepaid wireless telecommunications relay service charge

• Page 40, Line 3report required to be filed and payment required to be made pursuant to section 29-11-102.7 (3) section 40-17-104; and

• Page 40, Line 4SECTION 29.  In Colorado Revised Statutes, 40-2-112, amend (1)(a) as follows:

• Page 40, Line 540-2-112.  Computation of fees. (1) (a)  On or before June 1 of

• Page 40, Line 6each year, the executive director of the department of revenue shall

• Page 40, Line 7ascertain the aggregate amount of gross operating revenues of telephone

• Page 40, Line 8corporations and all other public utilities filing returns as provided in

• Page 40, Line 9section 40-2-111. Based on appropriations made by the general assembly,

• Page 40, Line 10the executive director of the department of regulatory agencies shall

• Page 40, Line 11specify, for the telecommunications utility fund, created in section

• Page 40, Line 1240-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,

• Page 40, Line 13created in section 40-2-114 (1)(b)(II), the revenue needed to provide for

• Page 40, Line 14the direct and indirect costs of the supervision and regulation of telephone

• Page 40, Line 15corporations and all other public utilities under the jurisdiction of the

• Page 40, Line 16department of regulatory agencies, excluding the amount of money

• Page 40, Line 17provided as administrative support from the various telecommunications

• Page 40, Line 18programs administered by the commission, including the high cost

• Page 40, Line 19support mechanism, established in section 40-15-208; the 911 surcharge,

• Page 40, Line 20established in section 29-11-102.3; the 988 surcharge, established in

• Page 40, Line 21section 40-17.5-102; and the telecommunications relay service

• Page 40, Line 22telephone disability access surcharge, established in section 40-17-103 section 40-17-102.

• Page 41, Line 1SECTION 30.  Appropriation - adjustments to 2025 long bill.

• Page 41, Line 2(1)  To implement this act, the general fund appropriation made in the

• Page 41, Line 3annual general appropriation act for the 2025-26 state fiscal year to the

• Page 41, Line 4department of education for use by library programs for reading services for the blind is decreased by $250,000.

• Page 41, Line 5(2)  To implement this act, the cash funds appropriation from the

• Page 41, Line 6Colorado telephone users with disabilities fund created in section

• Page 41, Line 740-17-102 (3)(c)(II), C.R.S., made in the annual general appropriation act

• Page 41, Line 8for the 2025-26 state fiscal year to the department of regulatory agencies for use by the public utilities commission is decreased as follows:

• Page 41, Line 9(a)  $265,965 for personal services, and the related FTE is decreased by 2.0 FTE; and

• Page 41, Line 10(c)  $3,413,703 for the Colorado commission for the deaf, hard of hearing, and deafblind cash fund.

• Page 41, Line 11(3)  To implement this act, the reappropriated funds appropriation

• Page 41, Line 12made in the annual general appropriation act for the 2025-26 state fiscal

• Page 41, Line 13year to the department of human services for use by the Colorado

• Page 41, Line 14commission for the deaf, hard of hearing, and deafblind is decreased by

• Page 41, Line 15$3,413,703. This appropriation is from reappropriated funds received

• Page 41, Line 16from the department of regulatory agencies for use by the public utilities

• Page 41, Line 17commission for the Colorado commission for the deaf, hard of hearing, and deafblind cash fund.

• Page 41, Line 18SECTION 31.  Appropriation. (1)  For the 2025-26 state fiscal

• Page 41, Line 19year, $250,000 is appropriated to the department of regulatory agencies

• Page 41, Line 20for use by the public utilities commission. This appropriation is from the

• Page 41, Line 21Colorado telephone users with disabilities fund created in section

• Page 41, Line 2240-17-102 (3)(c)(II), C.R.S. To implement this act, the commission may

• Page 42, Line 1use this appropriation for transfer to the reading services for the blind cash fund.

• Page 42, Line 2(2)  For the 2025-26 state fiscal year, $250,000 is appropriated to

• Page 42, Line 3the department of education for use by library programs. This

• Page 42, Line 4appropriation is from reappropriated funds received from the department

• Page 42, Line 5of regulatory agencies under subsection (1) of this section. To implement

• Page 42, Line 6this act, library programs may use this appropriation for reading services for the blind.

• Page 42, Line 7(3)  For the 2025-26 state fiscal year, $4,958,625 is appropriated

• Page 42, Line 8to the department of human services. This appropriation is from the

• Page 42, Line 9Colorado division for the deaf, hard of hearing, and deafblind cash fund

• Page 42, Line 10created in section 26-21-107 (1), C.R.S. To implement this act, the department may use this appropriation as follows:

• Page 42, Line 11(a)  $4,891,755 for the communication services for people with

• Page 42, Line 12disabilities enterprise, which amount is based on an assumption that the enterprise will require an additional 3.0 FTE; and

• Page 42, Line 13(b)  $66,870 for the purchase of legal services.

• Page 42, Line 14(4)  For the 2025-26 state fiscal year, $66,870 is appropriated to

• Page 42, Line 15the department of law. This appropriation is from reappropriated funds

• Page 42, Line 16received from the department of human services under subsection (3)(b)

• Page 42, Line 17of this section and is based on an assumption that the department of law

• Page 42, Line 18will require an additional 0.3 FTE. To implement this act, the department

• Page 42, Line 19of law may use this appropriation to provide legal services for the department of human services.

• Page 42, Line 20(5)  For the 2025-26 state fiscal year, $21,467 is appropriated to

• Page 42, Line 21the department of revenue. This appropriation is from the prepaid

• Page 42, Line 22wireless trust cash fund created in section 40-17-104 (2)(e)(II), C.R.S. To implement this act, the department may use this appropriation as follows:

• Page 43, Line 1(a)  $10,892 for tax administration IT system (GenTax) support;

• Page 43, Line 2(b)  $2,176 for use by the taxation business group for personal services related to taxation services;

• Page 43, Line 3(c)  $ 4,725 for use by the executive director's office for personal services related to administration and support; and

• Page 43, Line 4(d)  $3,674 for the purchase of document management services.

• Page 43, Line 5(6)  For the 2025-26 state fiscal year, $3,674 is appropriated to the

• Page 43, Line 6department of personnel. This appropriation is from reappropriated funds

• Page 43, Line 7received from the department of revenue under subsection (5)(d) of this

• Page 43, Line 8section. To implement this act, the department of personnel may use this

• Page 43, Line 9appropriation to provide document management services for the department of revenue.

• Page 43, Line 10SECTION 32.  Safety clause. The general assembly finds,

• Page 43, Line 11determines, and declares that this act is necessary for the immediate

• Page 43, Line 12preservation of the public peace, health, or safety or for appropriations for

• Page 43, Line 13the support and maintenance of the departments of the state and state institutions.