House Bill 25-1154 Introduced

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.

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.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-90-105.5, repeal (5) as follows:

• Page 2, Line 324-90-105.5.  Literacy support services for persons who are

• Page 2, Line 4blind or print-disabled - authority of state librarian. (5)  The general

• Page 2, Line 5assembly recognizes the importance of privately operated reading services

• Page 2, Line 6to enable persons who are blind or print-disabled to gain access to

• Page 2, Line 7otherwise inaccessible print materials. The state librarian has the authority

• Page 2, Line 8to administer money in the reading services for the blind cash fund, which

• Page 2, Line 9is created in the state treasury, for the support of privately operated

• Page 2, Line 10reading services. The fund consists of any public or private money

• Page 2, Line 11transferred, appropriated, or otherwise credited to the fund. All money

• Page 2, Line 12credited to the fund and all interest earned on the investment of money in

• Page 3, Line 1the fund is a part of the fund and must not be transferred or credited to the

• Page 3, Line 2general fund or to any other fund except as directed by the general

• Page 3, Line 3assembly acting by bill. The general assembly shall make annual

• Page 3, Line 4appropriations from the reading services for the blind cash fund to the state librarian to carry out the purposes of this section.

• Page 3, Line 5SECTION 2.  In Colorado Revised Statutes, amend 26-21-101 as follows:

• Page 3, Line 626-21-101.  Short title. The short title of this article 21 is the

• Page 3, Line 7"Colorado Commission for the Deaf, Hard of Hearing, and Deafblind

• Page 3, Line 8"Communication Services for People with Disabilities EnterpriseAct".

• Page 3, Line 9SECTION 3.  In Colorado Revised Statutes, amend 26-21-102 as follows:

• Page 3, Line 1026-21-102.  Legislative declaration. (1)  The general assembly

• Page 3, Line 11hereby finds, determines, and declares that a communication services

• Page 3, Line 12for people with disabilities enterprise and a commission for the

• Page 3, Line 13deaf, hard-of-hearing, and deafblind community to advise the

• Page 3, Line 14enterprise facilitates the provision of state and local government

• Page 3, Line 15services to the deaf, hard-of-hearing, and deafblind community and the

• Page 3, Line 16blind and print-disabled community while making government more

• Page 3, Line 17efficient. Under the federal "Americans with Disabilities Act of 1990",

• Page 3, Line 1842 U.S.C. sec. 12101 et seq., as amended, Colorado has a duty to provide

• Page 3, Line 19equivalent access to state government and public accommodations to the

• Page 3, Line 20deaf, hard-of-hearing, and deafblind community and the blind and

• Page 3, Line 21print-disabled community. This duty requires state departments and

• Page 3, Line 22agencies to provide auxiliary services, communications technology

• Page 3, Line 23equipment, reading services, and other resources to ensure access.

• Page 4, Line 1Centralizing and unifying such resources under a Colorado commission

• Page 4, Line 2creates cost savings for the state. In addition, the consolidation of

• Page 4, Line 3resources facilitates quality control and increases the effectiveness of

• Page 4, Line 4services while increasing access to services by the individuals who are

• Page 4, Line 5deaf, hard of hearing, and or deafblind and individuals who are blind or print-disabled.

• Page 4, Line 6(2)  The general assembly further finds, determines, and declares that:

• Page 4, Line 7(a)  The communication services for people with disabilities

• Page 4, Line 8enterprise created in this article 21 provides valuable business

• Page 4, Line 9services to individuals who are deaf, hard of hearing, or deafblind and to individuals who are blind or print-disabled by:

• Page 4, Line 10(I)  Coordinating and advocating for the provision of, and

• Page 4, Line 11access to, efficient and effective services and resources,

• Page 4, Line 12including government services and resources, for individuals who are deaf, hard of hearing, or deafblind, including by:

• Page 4, Line 13(A)  Establishing and coordinating a communications

• Page 4, Line 14technology program to obtain and distribute interactive

• Page 4, Line 15telecommunications and other communications technology

• Page 4, Line 16equipment needed by individuals who are deaf, hard of hearing, or deafblind;

• Page 4, Line 17(B)  Arranging for auxiliary services for the state court

• Page 4, Line 18system for individuals who are deaf, hard of hearing, or deafblind; and

• Page 4, Line 19(C)  Approving certification of entities that provide sign language interpreters in the state; and

• Page 4, Line 20(II)  Supporting privately operated reading services for the blind and print-disabled community;

• Page 5, Line 1(b)  By coordinating, advocating for, and supporting the

• Page 5, Line 2services and resources described in subsection (2)(a) of this

• Page 5, Line 3section, the enterprise helps facilitate the engagement of

• Page 5, Line 4individuals who are deaf, hard of hearing, or deafblind and

• Page 5, Line 5individuals who are blind or print-disabled in the workforce and

• Page 5, Line 6in commerce, thus providing benefits to Colorado businesses and

• Page 5, Line 7employers that benefit from the economic development

• Page 5, Line 8stimulated by such engagement in the workforce and in commerce;

• Page 5, Line 9(c)  By providing the services and resources described in

• Page 5, Line 10subsection (2)(a) of this section, the enterprise engages in an

• Page 5, Line 11activity conducted in the pursuit of a benefit, gain, or livelihood;

• Page 5, Line 12(d)  Consistent with the determination of the Colorado

• Page 5, Line 13supreme court in Nicholl v. E-470 Public Highway Authority, 896

• Page 5, Line 14P.2d 859 (Colo. 1995), that the power to impose taxes is

• Page 5, Line 15inconsistent with enterprise status under section 20 of article

• Page 5, Line 16X of the state constitution, the general assembly concludes

• Page 5, Line 17that the revenue collected by the enterprise is generated by fees, not taxes, because the money credited to the enterprise is:

• Page 5, Line 18(I)  For the specific purpose of allowing the enterprise to

• Page 5, Line 19defray the costs of providing the services and resources described in this subsection (2);

• Page 5, Line 20(II)  Collected at rates that are reasonably calculated

• Page 5, Line 21based on the costs of the services and resources provided by the

• Page 5, Line 22enterprise; and

• Page 6, Line 1(III)  Not state fiscal year spending, as defined in section

• Page 6, Line 224-77-102 (17), or state revenues, as defined in section 24-77-103.6

• Page 6, Line 3(6)(c), and does not count against either the state fiscal year

• Page 6, Line 4spending limit imposed by section 20 of article X of the state

• Page 6, Line 5constitution or the excess state revenues cap, as defined in

• Page 6, Line 6section 24-77-103.6 (6)(b), so long as the enterprise qualifies as

• Page 6, Line 7an enterprise for purposes of section 20 of article X of the state constitution; and

• Page 6, Line 8(e)  No other enterprise created simultaneously or within

• Page 6, Line 9the preceding five years serves primarily the same purpose as the

• Page 6, Line 10enterprise, and the enterprise will generate revenue from fees

• Page 6, Line 11and surcharges of less than one hundred million dollars total

• Page 6, Line 12in its first five fiscal years. Accordingly, the creation of the

• Page 6, Line 13enterprise does not require voter approval pursuant to section 24-77-108.

• Page 6, Line 14SECTION 4.  In Colorado Revised Statutes, 26-21-103, amend (1); and add (1.7), (3.5), (4.4), (4.5), and (8.5) as follows:

• Page 6, Line 1526-21-103.  Definitions. As used in this article 21, unless the context otherwise requires:

• Page 6, Line 16(1)  "Advisory council" means the Colorado deafblind advisory

• Page 6, Line 17council appointed by the commission enterprise in accordance with section 26-21-105 (2)(f).

• Page 6, Line 18(1.7)  "Board of directors" means the board of directors of the enterprise appointed pursuant to section 26-21-103.5 (2).

• Page 6, Line 19(3.5)  "Communication services fund" means the

• Page 6, Line 20communication services for people with hearing disabilities

• Page 6, Line 21enterprise cash fund created in section 26-21-107.3 (1)(a).

• Page 7, Line 1(4.4)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 7, Line 2(4.5)  "Enterprise fee" means the fee imposed pursuant to section 26-21-103.5 (3).

• Page 7, Line 3(8.5)  "Reading fund" means the reading services for the blind enterprise cash fund created in section 26-21-107.3 (2)(a).

• Page 7, Line 4SECTION 5.  In Colorado Revised Statutes, add 26-21-103.5 as follows:

• Page 7, Line 526-21-103.5.  Communication services for people with

• Page 7, Line 6disabilities enterprise - created - board of directors - membership -

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

• Page 7, Line 8people with disabilities enterprise is created in the state department for the business purposes of:

• Page 7, Line 9(I)  Coordinating and advocating for the provision of, and

• Page 7, Line 10access to, efficient and effective services and resources,

• Page 7, Line 11including government services and resources, for individuals who are deaf, hard of hearing, or deafblind;

• Page 7, Line 12(II)  Supporting privately operated reading services for the blind and print-disabled community; and

• Page 7, Line 13(III)  Imposing and determining the amount of the

• Page 7, Line 14enterprise fee, in collaboration with the public utilities

• Page 7, Line 15commission, to finance the services provided pursuant to subsections (1)(a)(I) and (1)(a)(II) of this section.

• Page 7, Line 16(b)  The enterprise constitutes an enterprise for purposes

• Page 7, Line 17of section 20 of article X of the state constitution, so long as

• Page 7, Line 18the enterprise retains the authority to issue revenue bonds and

• Page 7, Line 19receives less than ten percent of its total annual revenue in

• Page 8, Line 1grants from all Colorado state and local governments

• Page 8, Line 2combined. So long as it constitutes an enterprise pursuant to

• Page 8, Line 3this subsection (1)(b), the enterprise is not subject to section 20 of article X of the state constitution.

• Page 8, Line 4(c)  For purposes of this subsection (1), the amount of the

• Page 8, Line 5telecommunications relay services charge transferred to the

• Page 8, Line 6funds pursuant to section 40-17-104 (1)(a.5)(I) does not count

• Page 8, Line 7toward the total annual revenue in grants from all Colorado state and local governments combined.

• Page 8, Line 8(d)  The board of directors, with the advice of the

• Page 8, Line 9commission and the advisory council, shall administer the enterprise in accordance with this section.

• Page 8, Line 10(e)  The enterprise may issue revenue bonds to pay for the

• Page 8, Line 11expenses of the enterprise, which bonds are secured by revenue of the enterprise.

• Page 8, Line 12(2) (a)  The enterprise shall be governed by a board of directors appointed by the governor.

• Page 8, Line 13(b) (I)  The governor shall appoint members of the board of directors on or before June 1, 2025.

• Page 8, Line 14(II)  This subsection (2)(b) is repealed, effective July 1, 2026.

• Page 8, Line 15(c) (I)  The governor shall call the first meeting of the board of directors on or before June 30, 2025.

• Page 8, Line 16(II)  This subsection (2)(c) is repealed, effective July 1, 2026.

• Page 8, Line 17(3) (a)  In addition to the powers and functions set forth in

• Page 8, Line 18section 26-21-106, the board of directors, in collaboration with

• Page 8, Line 19the public utilities commission, shall impose an enterprise fee to

• Page 8, Line 20cover the direct and indirect costs of the services and resources

• Page 9, Line 1that the enterprise provides pursuant to this article 21 and of the enterprise's administrative expenses.

• Page 9, Line 2(b)  The board of directors, in collaboration with the

• Page 9, Line 3public utilities commission, may periodically increase or reduce

• Page 9, Line 4the amount of the enterprise fee based on the enterprise's direct

• Page 9, Line 5and indirect costs and reasonably anticipated future

• Page 9, Line 6expenditures from the communication services fund and the

• Page 9, Line 7reading fund. The enterprise shall not increase the enterprise fee in an amount that:

• Page 9, Line 8(I)  When included in the telecommunications relay

• Page 9, Line 9services monthly surcharge, causes the monthly surcharge to

• Page 9, Line 10exceed the maximum amount set forth in section 40-17-103(3)(a)(I); or

• Page 9, Line 11(II)  Causes the communication services fund and the

• Page 9, Line 12reading fund cumulatively to exceed one hundred million dollars in the first five years of the enterprise's existence.

• Page 9, Line 13SECTION 6.  In Colorado Revised Statutes, 26-21-104, amend (1); and add (5) as follows:

• Page 9, Line 1426-21-104.  Commission created - appointments - repeal.

• Page 9, Line 15(1)  The Colorado commission for the deaf, hard of hearing, and

• Page 9, Line 16deafblind is created in the department of human services. The

• Page 9, Line 17commission is a type 2 entity, as defined in section 24-1-105, and

• Page 9, Line 18exercises its powers and performs its duties and functions under the

• Page 9, Line 19department of human services. The commission shall advise the

• Page 9, Line 20enterprise and state agencies regarding the provision of

• Page 9, Line 21services and resources for the deaf, hard-of-hearing, and

• Page 9, Line 22deafblind community.

• Page 10, Line 1(5)  This section is repealed, effective September 1, 2031.

• Page 10, Line 2Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.

• Page 10, Line 3SECTION 7.  In Colorado Revised Statutes, 26-21-105, amend (2)(f)(II) and (2)(f)(III) introductory portion; and add (5) as follows:

• Page 10, Line 426-21-105.  Commission procedures - advisory council -

• Page 10, Line 5creation - repeal. (2) (f) (II)  The advisory council shall advise the

• Page 10, Line 6commission enterprise, state and local governments, and other relevant

• Page 10, Line 7entities on how to increase competitive integrated employment as defined

• Page 10, Line 8in section 8-84-301, enlarge economic opportunities, enhance

• Page 10, Line 9independence and self-sufficiency, and improve services for individuals who are deafblind. persons.

• Page 10, Line 10(III)  The commission enterprise shall appoint initial members

• Page 10, Line 11to the advisory council by July 1, 2019. The commission shall designate

• Page 10, Line 12four members to serve an initial four-year term and three members to

• Page 10, Line 13serve an initial six-year term. After the initial terms, all subsequent

• Page 10, Line 14appointees to serve four-year terms. The commission enterprise shall

• Page 10, Line 15appoint a qualified person to fill any vacancy on the advisory council for

• Page 10, Line 16the remainder of any unexpired term. The advisory council has the following appointees:

• Page 10, Line 17(5)  This section is repealed, effective September 1, 2031.

• Page 10, Line 18Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.

• Page 10, Line 19SECTION 8.  In Colorado Revised Statutes, 26-21-106, amend

• Page 10, Line 20(1) introductory portion, (1)(d), (1)(e) introductory portion, (1)(e)(I), (2),

• Page 10, Line 21(3), (4) introductory portion, (4)(g)(II) introductory portion, (4)(g)(II)(B),

• Page 10, Line 22(6), (7) introductory portion, (8) introductory portion, (8.5)(a)

• Page 11, Line 1introductory portion, (8.5)(b) introductory portion, (9)(a) introductory

• Page 11, Line 2portion, (9)(a)(VIII), (9)(a)(IX), (9)(b), and (9)(c)(I); and add (1)(g), (1.5), and (1.7) as follows:

• Page 11, Line 326-21-106.  Powers, functions, and duties of enterprise -

• Page 11, Line 4auxiliary services program - community access program - report -

• Page 11, Line 5rules - definitions. (1)  The powers, functions, and duties of the commission enterprise include:

• Page 11, Line 6(d)  Assessing how communications technology has affected the

• Page 11, Line 7needs of individuals who are deaf, hard of hearing, and or deafblind.

• Page 11, Line 8The commission enterprise shall assess the type and amount of

• Page 11, Line 9equipment needed by individuals who are deaf, hard of hearing, and or

• Page 11, Line 10deafblind persons and who qualify under the federal poverty guidelines

• Page 11, Line 11established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42 U.S.C. sec. 9902 (2).

• Page 11, Line 12(e)  Assessing the needs of the deaf, hard-of-hearing, and

• Page 11, Line 13deafblind community and reporting annually to the governor and the

• Page 11, Line 14general assembly any recommendations for legislation or administrative

• Page 11, Line 15changes that may facilitate or streamline the provision of general

• Page 11, Line 16government services to individuals who are deaf, hard of hearing, and

• Page 11, Line 17or deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before

• Page 11, Line 18September 1 of each year, the commission must enterprise shall file

• Page 11, Line 19the report required by this subsection (1)(e). In preparing the annual

• Page 11, Line 20report and recommendations, the commission enterprise shall consider the following:

• Page 11, Line 21(I)  Whether any existing statutory or administrative provisions

• Page 11, Line 22impede the enterprise's ability of the commission to act as a statewide

• Page 11, Line 23coordinating agency advocating for individuals who are deaf, hard of hearing, and or deafblind individuals in Colorado;

• Page 12, Line 1(g)  Supporting privately operated reading services for the blind and print-disabled.

• Page 12, Line 2(1.5) (a)  On and after June 30, 2025, the rights, powers,

• Page 12, Line 3duties, and functions regarding the reading services for the

• Page 12, Line 4blind vested in the state librarian prior to that date are

• Page 12, Line 5transferred from the state librarian to the enterprise for the

• Page 12, Line 6enterprise to perform the function described in subsection (1)(g) of this section.

• Page 12, Line 7(b) (I)  On and after June 30, 2025, whenever any provision

• Page 12, Line 8of law refers to the state librarian in connection with the

• Page 12, Line 9functions transferred to the enterprise pursuant to this

• Page 12, Line 10subsection (1.5), the law shall be construed as referring to the enterprise.

• Page 12, Line 11(II)  Any contract entered into by the state librarian prior

• Page 12, Line 12to June 30, 2025, in connection with the functions transferred to

• Page 12, Line 13the enterprise pursuant to this subsection (1.5) is validated, with

• Page 12, Line 14the enterprise succeeding to all rights and obligations under the contract.

• Page 12, Line 15(III)  On and after June 30, 2025, the enterprise shall

• Page 12, Line 16satisfy any obligations incurred by the state librarian, but not

• Page 12, Line 17yet paid, in connection with the functions transferred to the enterprise pursuant to this subsection (1.5).

• Page 12, Line 18(1.7)  Pursuant to a contract entered into between the

• Page 12, Line 19executive director and the board of directors, and without

• Page 12, Line 20regard to the "Procurement Code", articles 101 to 112 of title

• Page 12, Line 2124, the commission shall provide administrative, professional,

• Page 13, Line 1and technical staff to assist the board of directors with the conduct of the affairs of the enterprise.

• Page 13, Line 2(2)  The commission enterprise shall consider the findings of any

• Page 13, Line 3study authorized under this section and may approve, disapprove, or

• Page 13, Line 4amend the findings. After consideration of the findings, the commission

• Page 13, Line 5enterprise shall submit a report with recommendations, including

• Page 13, Line 6proposed legislation if necessary, to the governor and to the general

• Page 13, Line 7assembly. The commission enterprise shall submit the report annually,

• Page 13, Line 8notwithstanding section 24-1-136 (11)(a)(I), and may combine the report

• Page 13, Line 9with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.

• Page 13, Line 10(3)  The commission enterprise shall establish and coordinate a

• Page 13, Line 11communications technology program that is consistent with the findings

• Page 13, Line 12of subsection (1) of this section to obtain and distribute interactive

• Page 13, Line 13telecommunications and other communications technology equipment

• Page 13, Line 14needed by individuals who are deaf, hard of hearing, and or deafblind. persons.

• Page 13, Line 15(4)  The commission enterprise, in collaboration with the judicial

• Page 13, Line 16department, shall arrange for auxiliary services for the state court system. Arranging auxiliary services for the state court system includes:

• Page 13, Line 17(g) (II)  For the purposes of As used in this subsection (4)(g):

• Page 13, Line 18(B)  "Qualified interpreter" means a person an individual who

• Page 13, Line 19has a valid certification of competency accepted by the commission

• Page 13, Line 20enterprise and includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 13, Line 21(6)  The commission enterprise shall establish and maintain

• Page 13, Line 22outreach and consulting services to improve and ensure effective access

• Page 14, Line 1to auxiliary services by critical state and local government agencies,

• Page 14, Line 2private agencies, and other entities. The commission enterprise shall

• Page 14, Line 3also use these services to increase awareness of the programs funded by

• Page 14, Line 4the Colorado telephone users with disabilities fund established pursuant to section 40-17-104.

• Page 14, Line 5(7)  The commission's enterprise's outreach and consulting services include the following duties:

• Page 14, Line 6(8)  The commission enterprise shall maintain a community

• Page 14, Line 7access program for one-on-one system navigating services to ensure

• Page 14, Line 8resources are available to individuals and to protect each person's each

• Page 14, Line 9individual's right to effective communication and access to

• Page 14, Line 10environmental information. The community access program must include the following:

• Page 14, Line 11(8.5) (a)  On or before October 1, 2023, the commission The

• Page 14, Line 12enterprise shall establish a family and community intervener program.

• Page 14, Line 13The family and community intervener program shall work with children

• Page 14, Line 14who are deafblind to facilitate critical connections between the each

• Page 14, Line 15child and the child's family, community, and environment. The family and

• Page 14, Line 16community intervener program must include but need not be limited to,

• Page 14, Line 17access to a family and community intervener with specific training in

• Page 14, Line 18deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:

• Page 14, Line 19(b)  The commission enterprise shall hire an a family and

• Page 14, Line 20community intervener program manager to direct services for children who are deafblind and ensure that an intervener:

• Page 14, Line 21(9) (a)  The commission enterprise shall arrange for the

• Page 14, Line 22provision of auxiliary services in rural areas of the state by performing the following functions:

• Page 15, Line 1(VIII)  Establishing, monitoring, and publishing on the

• Page 15, Line 2commission's enterprise's public website a list of available CART

• Page 15, Line 3providers and qualified interpreters, as defined in subsections

• Page 15, Line 4(4)(g)(II)(A) and (4)(g)(II)(B) of this section, respectively, who are

• Page 15, Line 5willing to work in rural areas for persons individuals who are deaf, hard of hearing, or deafblind;

• Page 15, Line 6(IX)  Creating an advisory council to make Considering

• Page 15, Line 7recommendations of the commission or the advisory council made

• Page 15, Line 8to the commission enterprise about the provision of auxiliary services in rural areas; and

• Page 15, Line 9(b)  The executive director board of directors shall promulgate

• Page 15, Line 10adopt rules in consultation with, or as proposed by, the commission and

• Page 15, Line 11the deaf, hard-of-hearing, and deafblind community regarding

• Page 15, Line 12implementation of this subsection (9). The rules must define the term "rural area".

• Page 15, Line 13(c) (I)  On or before November 1, 2022, and on or before

• Page 15, Line 14November 1 of each year thereafter, the commission enterprise shall

• Page 15, Line 15submit a report to the joint budget committee summarizing the

• Page 15, Line 16commission's enterprise's implementation of the program described in this subsection (9) over the previous twelve months.

• Page 15, Line 17SECTION 9.  In Colorado Revised Statutes, 26-21-107, amend (1) as follows:

• Page 15, Line 1826-21-107.  Colorado commission for the deaf, hard of hearing,

• Page 15, Line 19and deafblind cash fund - creation - gifts, grants, and donations -

• Page 15, Line 20reimbursement. (1)  There is hereby created in the state treasury the

• Page 15, Line 21Colorado commission for the deaf, hard of hearing, and deafblind cash

• Page 16, Line 1fund. All money credited to the fund must be used exclusively for the

• Page 16, Line 2administration and discharge of duties of the commission members

• Page 16, Line 3and commission staff under this article 21. All money credited to the

• Page 16, Line 4fund and any interest earned from the investment of money in the fund

• Page 16, Line 5remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.

• Page 16, Line 6SECTION 10.  In Colorado Revised Statutes, add 26-21-107.3 as follows:

• Page 16, Line 726-21-107.3.  Communication services for people with hearing

• Page 16, Line 8disabilities enterprise cash fund - creation - reading services for the

• Page 16, Line 9blind enterprise cash fund - creation - gifts, grants, and donations -

• Page 16, Line 10reimbursement. (1) (a)  There is created in the state treasury the

• Page 16, Line 11communication services for people with hearing disabilities

• Page 16, Line 12enterprise cash fund. The communication services fund consists

• Page 16, Line 13of the amount of the telecommunications relay services

• Page 16, Line 14surcharge transferred to the communication services fund

• Page 16, Line 15pursuant to section 40-17-104 (1)(a.5)(I)(A) and any gifts, grants,

• Page 16, Line 16or donations received from private or public sources for credit to the communication services fund.

• Page 16, Line 17(b)  Money in the communication services fund is

• Page 16, Line 18continuously appropriated to the enterprise. All money credited

• Page 16, Line 19to the communication services fund shall be used exclusively

• Page 16, Line 20for the administration and discharge of the enterprise's powers

• Page 16, Line 21and duties related to communication services for people with

• Page 16, Line 22hearing disabilities, as set forth in this article 21. All money

• Page 16, Line 23credited to the communication services fund and any interest

• Page 16, Line 24earned from the investment of money in the communication

• Page 17, Line 1services fund remains in the communication services fund and

• Page 17, Line 2does not revert to the general fund or any other fund at the end of any fiscal year.

• Page 17, Line 3(2) (a)  There is created the reading services for the blind

• Page 17, Line 4enterprise cash fund. The reading fund consists of the amount of

• Page 17, Line 5the telecommunications relay services surcharge transferred

• Page 17, Line 6to the reading fund pursuant to section 40-17-104 (1)(a.5)(I)(B)

• Page 17, Line 7and any gifts, grants, or donations received from private or public sources for credit to the reading fund.

• Page 17, Line 8(b)  Money in the reading fund is continuously

• Page 17, Line 9appropriated to the enterprise. All money credited to the

• Page 17, Line 10reading fund shall be used exclusively for the administration

• Page 17, Line 11and discharge of the enterprise's powers and duties related to

• Page 17, Line 12reading services for the blind and print-disabled, as set forth in

• Page 17, Line 13this article 21. All money credited to the reading fund and any

• Page 17, Line 14interest earned from the investment of money in the reading

• Page 17, Line 15fund remains in the reading fund and does not revert to the general fund or any other fund at the end of any fiscal year.

• Page 17, Line 16(3)  The enterprise is authorized to seek, accept, and

• Page 17, Line 17expend gifts, grants, and donations from individuals and private

• Page 17, Line 18and public entities; except that the enterprise shall not accept

• Page 17, Line 19a gift, grant, or donation that is subject to conditions that are inconsistent with this article 21 or any other law of the state.

• Page 17, Line 20(4)  Members of the board of directors shall be reimbursed

• Page 17, Line 21for actual and necessary expenses incurred in the discharge of

• Page 17, Line 22their official duties, and the board of directors may establish a

• Page 17, Line 23standardized per diem designed to cover their actual and necessary expenses.

• Page 18, Line 1SECTION 11.  In Colorado Revised Statutes, 26-21-107.5, amend (1), (2), and (7); and add (6.5) as follows:

• Page 18, Line 226-21-107.5.  Communication services for people with

• Page 18, Line 3disabilities enterprise grant program - creation - standards -

• Page 18, Line 4applications - reading services for the blind grants - definition.

• Page 18, Line 5(1)  The Colorado commission for the deaf, hard of hearing, and

• Page 18, Line 6deafblind communication services for people with disabilities

• Page 18, Line 7enterprise grant program is hereby established to provide funding for

• Page 18, Line 8entities to address the needs of Colorado's individuals who are deaf, hard of hearing, and or deafblind. individuals.

• Page 18, Line 9(2) (a)  The Colorado commission for the deaf, hard of hearing,

• Page 18, Line 10and deafblind communication services for people with disabilities

• Page 18, Line 11enterprise grant program committee appointed pursuant to section

• Page 18, Line 1226-21-107.7 shall administer the grant program as provided in section 26-21-107.7.

• Page 18, Line 13(b)  The commission enterprise shall pay the grants awarded

• Page 18, Line 14through the grant program from money appropriated by the general assembly in the communication services fund.

• Page 18, Line 15(c)  Subject to available money, the general assembly shall

• Page 18, Line 16appropriate to the commission no more than fifty thousand dollars annually to administer the grant program.

• Page 18, Line 17(6.5)  The enterprise shall also administer grants from the reading fund to support privately operated reading services.

• Page 18, Line 18(7)  Grantees shall comply with reporting requirements established by the commission enterprise.

• Page 18, Line 19SECTION 12.  In Colorado Revised Statutes, 26-21-107.7,

• Page 19, Line 1amend (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 19, Line 226-21-107.7.  Communication services for people with

• Page 19, Line 3disabilities enterprise grant program committee - creation - members

• Page 19, Line 4- duties - reimbursement for expenses. (1) (a.5) (I)  There is hereby

• Page 19, Line 5created the Colorado commission for the deaf, hard of hearing, and

• Page 19, Line 6deafblind communication services for people with disabilities

• Page 19, Line 7enterprise grant program committee, referred to in this section as the

• Page 19, Line 8"committee", consisting of five members, for the purpose of

• Page 19, Line 9recommending to the commission enterprise approval or disapproval of applications for the grant program.

• Page 19, Line 10(II)  The commission enterprise shall appoint four members to the committee as follows:

• Page 19, Line 11(III)  This subsection (1)(a.5) is effective September 1, 2018, and

• Page 19, Line 12applies to appointments to the committee on or after September 1, 2018.

• Page 19, Line 13All initial appointments in accordance with this subsection (1)(a.5) must be made by September 30, 2018.

• Page 19, Line 14(c)  In appointing members to the committee, the commission

• Page 19, Line 15enterprise shall choose persons individuals who have knowledge and

• Page 19, Line 16awareness of innovative strategies that address challenges faced by the deaf, hard-of-hearing, and deafblind community.

• Page 19, Line 17(d)  The appointed members of the committee shall serve

• Page 19, Line 18three-year terms. except that, of the members first appointed, one of the

• Page 19, Line 19members shall serve a two-year term and two of the members shall serve

• Page 19, Line 20one-year terms. The commission shall choose those members who shall

• Page 19, Line 21serve the initial shortened terms. If a vacancy arises in one of the

• Page 19, Line 22appointed positions, the commission enterprise shall appoint a replacement to fill the vacancy for the remainder of the term.

• Page 20, Line 1(e)  Members of the committee are entitled to be reimbursed out

• Page 20, Line 2of available appropriations for all actual and necessary expenses incurred in the performance of their duties.

• Page 20, Line 3(2)  The committee shall review all applications received pursuant

• Page 20, Line 4to section 26-21-107.5. Based on criteria established by the commission

• Page 20, Line 5enterprise, the committee shall recommend to the commission

• Page 20, Line 6enterprise those applications to approve, with recommended grant amounts, and those to disapprove.

• Page 20, Line 7(3)  The commission enterprise shall review and may follow the

• Page 20, Line 8recommendations of the committee for approval or disapproval of

• Page 20, Line 9applications for the grant program and for grant amounts. If the

• Page 20, Line 10commission enterprise disagrees with the recommendations of the

• Page 20, Line 11committee, the executive director of the department shall have has final

• Page 20, Line 12decision-making authority to approve or disapprove the applications and to set the grant amounts.

• Page 20, Line 13SECTION 13.  In Colorado Revised Statutes, add 26-21-107.9 as follows:

• Page 20, Line 1426-21-107.9.  Rules.The board of directors may adopt rules as necessary to implement this article 21.

• Page 20, Line 15SECTION 14.  In Colorado Revised Statutes, repeal 26-21-108 as follows:

• Page 20, Line 1626-21-108.  Repeal of article - sunset review.(1)  This article 21 is repealed, effective September 1, 2031.

• Page 20, Line 17(2)  Prior to the repeal, the commission shall be reviewed as provided for in section 24-34-104, C.R.S.

• Page 20, Line 18SECTION 15.  In Colorado Revised Statutes, 40-17-102, amend the introductory portion; and add (1.5) as follows:

• Page 21, Line 140-17-102.  Definitions. As used in this article article 17, unless the context otherwise requires:

• Page 21, Line 2(1.5)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 21, Line 3SECTION 16.  In Colorado Revised Statutes, 40-17-103, amend (3) introductory portion and (3)(a)(III)(D) as follows:

• Page 21, Line 440-17-103.  Commission - powers and duties - rules. (3)  The

• Page 21, Line 5commission shall, through the promulgation of rules by rule, develop

• Page 21, Line 6and implement a mechanism to recover its costs and the cost to voice

• Page 21, Line 7service providers in implementing and administering telecommunications

• Page 21, Line 8relay services required by this article 17. The mechanism must, at a minimum, provide for the following:

• Page 21, Line 9(a) (III)  Without exceeding the maximum monthly surcharge set

• Page 21, Line 10forth in subsection (3)(a)(I) of this section, the monthly surcharge must be an amount sufficient to:

• Page 21, Line 11(D)  Pursuant to section 40-17-104, cover annual appropriations to

• Page 21, Line 12provide sufficient funding for the reading services for the blind

• Page 21, Line 13communication services for people with hearing disabilities

• Page 21, Line 14enterprise cash fund and the Colorado commission for the deaf, hard of

• Page 21, Line 15hearing, and deafblind cash fund the reading services for the blind

• Page 21, Line 16enterprise cash fund to pay for the services and resources provided by the enterprise pursuant to article 21 of title 26;

• Page 21, Line 17SECTION 17.  In Colorado Revised Statutes, 40-17-104, amend

• Page 21, Line 18(1)(b) introductory portion and (1)(c); repeal (1)(b)(II); and add (1)(a.5) as follows:

• Page 21, Line 1940-17-104.  Colorado telephone users with disabilities fund -

• Page 22, Line 1creation - purpose. (1) (a.5)  For the money collected by voice

• Page 22, Line 2service providers pursuant to section 40-17-103 and credited to

• Page 22, Line 3the Colorado telephone users with disabilities fund pursuant to subsection (1) of this section:

• Page 22, Line 4(I)  In accordance with the enterprise fee that the

• Page 22, Line 5enterprise board of directors, in collaboration with the

• Page 22, Line 6commission, imposes pursuant to section 26-21-103.5 (3), seventy-seven percent shall be transferred as follows:

• Page 22, Line 7(A)  Sixty-one percent to the communication services for

• Page 22, Line 8people with hearing disabilities enterprise cash fund created in section 26-21-107.3 (1)(a); and

• Page 22, Line 9(B)  Sixteen percent to the reading services for the blind enterprise cash fund created in section 26-21-107.3 (2)(a); and

• Page 22, Line 10(II)  The money transferred to the communication services

• Page 22, Line 11for people with hearing disabilities enterprise cash fund and the

• Page 22, Line 12reading services for the blind enterprise cash fund, in accordance with subsection (1)(a.5)(I) of this section:

• Page 22, Line 13(A)  Is collected for the use of the enterprise;

• Page 22, Line 14(B)  Is custodial money intended for the enterprise and

• Page 22, Line 15held temporarily by the commission and the state treasurer

• Page 22, Line 16solely for the purpose of transferring the money to the

• Page 22, Line 17communication services for people with hearing disabilities

• Page 22, Line 18enterprise cash fund and the reading services for the blind enterprise cash fund; and

• Page 22, Line 19(C)  Based on the enterprise's status as an enterprise, is

• Page 22, Line 20not subject to section 20 of article X of the state constitution

• Page 22, Line 21at any time during the money's collection, transfer, and use.

• Page 23, Line 1(b)  After money has been transferred from the fund to

• Page 23, Line 2the enterprise funds listed in subsection (1)(a.5)(I) of this section,

• Page 23, Line 3the general assembly shall make annual appropriations out of the remaining money in the fund:

• Page 23, Line 4(II)  To the reading services for the blind cash fund, created in

• Page 23, Line 5section 24-90-105.5 (5), for use by the state librarian in support of privately operated reading services for people who are blind;

• Page 23, Line 6(c)  The money in the fund that is not used for administration of

• Page 23, Line 7the fund telecommunications relay services, the reading services for

• Page 23, Line 8the blind communication services for people with hearing

• Page 23, Line 9disabilities enterprise cash fund, the Colorado commission for the

• Page 23, Line 10deaf, hard of hearing, and deafblind cash fund created in section

• Page 23, Line 1126-21-107 the reading services for the blind enterprise cash fund,

• Page 23, Line 12and library services as authorized by section 24-90-105 (1)(e) is hereby

• Page 23, Line 13continuously appropriated to the public utilities commission for the

• Page 23, Line 14reimbursement of providers who that render telecommunications relay services authorized by this article 17.

• Page 23, Line 15SECTION 18.  In Colorado Revised Statutes, 2-3-1203, add (22)(a)(VII) and (22)(a)(VIII) as follows:

• Page 23, Line 162-3-1203.  Sunset review of advisory committees - legislative

• Page 23, Line 17declaration - definition - repeal. (22) (a)  The following statutory

• Page 23, Line 18authorizations for the designated advisory committees will repeal on September 1, 2031:

• Page 23, Line 19(VII)  The Colorado commission for the deaf, hard of hearing, and deafblind created in section 26-21-104;

• Page 23, Line 20(VIII)  The Colorado deafblind advisory council created

• Page 23, Line 21in section 26-21-105 (2)(f)(I).

• Page 24, Line 1SECTION 19.  In Colorado Revised Statutes, 6-1-707, amend (1)(e)(I)(B) as follows:

• Page 24, Line 26-1-707.  Use of title or degree - deceptive trade practice. (1)  A

• Page 24, Line 3person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 24, Line 4(e) (I)  Claims to be a "sign language interpreter", "interpreter for

• Page 24, Line 5the deaf", "deaf interpreter", "ASL-English interpreter", "American sign

• Page 24, Line 6language (ASL) interpreter", "translator" for sign language,

• Page 24, Line 7"transliterator", "certified sign language interpreter", "certified translator"

• Page 24, Line 8for sign language, "certified interpreter for the deaf", "certified deaf

• Page 24, Line 9interpreter", "certified ASL-English interpreter", "certified American sign

• Page 24, Line 10language (ASL) interpreter", or "certified transliterator", unless the person holds:

• Page 24, Line 11(B)  Any A currently valid certification for sign language

• Page 24, Line 12interpretation that is approved by the Colorado commission for the deaf,

• Page 24, Line 13hard of hearing, and deafblind communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 24, Line 14SECTION 20.  In Colorado Revised Statutes, amend 13-71-137 as follows:

• Page 24, Line 1513-71-137.  Duties and responsibilities of auxiliary services

• Page 24, Line 16providers for jurors who are deaf, hard of hearing, or deafblind.

• Page 24, Line 17(1)  The court may provide, through the list of available resources

• Page 24, Line 18coordinated through the Colorado commission for the deaf, hard of

• Page 24, Line 19hearing, and deafblind pursuant to section 26-21-106 (4)

• Page 24, Line 20communication services for people with disabilities enterprise

• Page 24, Line 21created in section 26-21-103.5, a qualified provider of auxiliary

• Page 24, Line 22services, provider, as defined in section 13-90-202 (8) (3), to assist during

• Page 25, Line 1a trial a juror who is deaf, hard of hearing, or deafblind. In the presence

• Page 25, Line 2of the jury, the court shall instruct the qualified auxiliary services

• Page 25, Line 3provider to make true and complete translations of all court proceedings

• Page 25, Line 4to the juror who is deaf, hard of hearing, or deafblind to the best of the qualified auxiliary services provider's ability.

• Page 25, Line 5(2)  The qualified interpreter is subject to the same orders and

• Page 25, Line 6admonitions given to the jurors. The court shall permit a qualified

• Page 25, Line 7auxiliary services provider to be present and assist a juror who is deaf,

• Page 25, Line 8hard of hearing, or deafblind during the deliberations of the jury. In the

• Page 25, Line 9presence of the jury, the court shall instruct the qualified auxiliary

• Page 25, Line 10services provider to refrain from participating in any manner in the

• Page 25, Line 11deliberation of the jury and to refrain from having any communications

• Page 25, Line 12with any member of the jury regarding deliberation, except for true and

• Page 25, Line 13complete translations of jurors' remarks made during deliberation. A jury

• Page 25, Line 14verdict reached in the presence of a qualified auxiliary services provider, during deliberation, is valid.

• Page 25, Line 15SECTION 21.  In Colorado Revised Statutes, 13-90-202, amend (8); repeal (4); and add (7.3) as follows:

• Page 25, Line 1613-90-202.  Definitions. As used in this part 2, unless the context otherwise requires:

• Page 25, Line 17(4)  "Commission" means the Colorado commission for the deaf,

• Page 25, Line 18hard of hearing, and deafblind in the department of human services created in section 26-21-104.

• Page 25, Line 19(7.3)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 25, Line 20(8)  "Qualified interpreter" means a person who has a valid

• Page 25, Line 21certification of competency accepted by the commission enterprise and

• Page 26, Line 1includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 26, Line 2SECTION 22.  In Colorado Revised Statutes, amend 13-90-203 as follows:

• Page 26, Line 313-90-203.  Powers and duties of the enterprise - rules. The

• Page 26, Line 4department of human services board of directors of the enterprise

• Page 26, Line 5shall promulgate adopt rules pursuant to article 4 of title 24 C.R.S.,

• Page 26, Line 6which have been proposed by the commission as necessary for the

• Page 26, Line 7implementation of this part 2. The rule-making process shall be open and

• Page 26, Line 8available for input from the public, including but not limited to interpreters and consumers of interpreter services.

• Page 26, Line 9SECTION 23.  In Colorado Revised Statutes, amend 13-90-205 as follows:

• Page 26, Line 1013-90-205.  Coordination of auxiliary services requests. (1)  The

• Page 26, Line 11commission enterprise, in collaboration with the judicial department,

• Page 26, Line 12shall establish, monitor, coordinate, and publish a list of available

• Page 26, Line 13resources regarding communication accessibility for persons individuals

• Page 26, Line 14who are deaf, hard of hearing, or deafblind, including qualified auxiliary

• Page 26, Line 15services providers, for use by an appointing authority pursuant to section

• Page 26, Line 1613-90-204. The list must contain the names of private individual

• Page 26, Line 17providers and agencies that secure qualified auxiliary services for assignment.

• Page 26, Line 18(2)  Whenever a qualified auxiliary service is required pursuant to

• Page 26, Line 19section 13-90-204, the appointing authority shall secure the auxiliary

• Page 26, Line 20service through the list of available resources made available and

• Page 26, Line 21coordinated by the commission enterprise in accordance with

• Page 26, Line 22subsection (1) of this section.

• Page 27, Line 1(3)  The commission enterprise shall provide auxiliary services

• Page 27, Line 2for a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c).

• Page 27, Line 3The commission enterprise does not have additional responsibilities

• Page 27, Line 4beyond the requirements of subsection (1) of this section for a proceeding described in section 13-90-204 (1)(d) or (1)(f).

• Page 27, Line 5SECTION 24.  In Colorado Revised Statutes, amend 13-90-210 as follows:

• Page 27, Line 613-90-210.  Compensation. Subject to the appropriations funding

• Page 27, Line 7available to the commission enterprise, a qualified interpreter or

• Page 27, Line 8computer-aided realtime translation reporter provided pursuant to section

• Page 27, Line 913-90-204 shall be entitled to compensation for his or her may be

• Page 27, Line 10compensated for their services, including waiting time and necessary

• Page 27, Line 11travel and subsistence expenses. The amount of compensation shall be

• Page 27, Line 12based on a fee schedule for qualified interpreters and auxiliary services established by the commission enterprise.

• Page 27, Line 13SECTION 25.  In Colorado Revised Statutes, 18-1.3-701, amend (1)(c) as follows:

• Page 27, Line 1418-1.3-701.  Judgment of costs and fines - definitions.

• Page 27, Line 15(1) (c)  Judgments collected pursuant to this section for fees for auxiliary

• Page 27, Line 16services provided pursuant to section 13-90-204, and reimbursed pursuant

• Page 27, Line 17to section 13-90-210, shall be remitted to the Colorado commission for

• Page 27, Line 18the deaf, hard of hearing, and deafblind in the department of human

• Page 27, Line 19services communication services for people with disabilities enterprise created in section 26-21-104 26-21-103.5.

• Page 27, Line 20SECTION 26.  In Colorado Revised Statutes, 24-1-120, add (5)(g.5) as follows:

• Page 27, Line 2124-1-120.  Department of human services - creation. (5)  The department of human services includes the following:

• Page 28, Line 1(g.5)  The communication services for people with

• Page 28, Line 2disabilities enterprise, created in article 21 of title 26. The

• Page 28, Line 3enterprise is a type 1 entity, as defined in section 24-1-105, and

• Page 28, Line 4exercises its powers and performs its duties and functions under the department.

• Page 28, Line 5SECTION 27.  In Colorado Revised Statutes, 24-34-104, repeal (32)(a)(XII) as follows:

• Page 28, Line 624-34-104.  General assembly review of regulatory agencies

• Page 28, Line 7and functions for repeal, continuation, or reestablishment - legislative

• Page 28, Line 8declaration - repeal. (32) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:

• Page 28, Line 9(XII)  The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26;

• Page 28, Line 10SECTION 28.  Safety clause. The general assembly finds,

• Page 28, Line 11determines, and declares that this act is necessary for the immediate

• Page 28, Line 12preservation of the public peace, health, or safety or for appropriations for

• Page 28, Line 13the support and maintenance of the departments of the state and state institutions.