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.

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 Co1lorado 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 state and local government services for individuals

• Page 3, Line 2who are deaf, hard of hearing, and deafblind, while making government more efficient;

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

• Page 3, Line 41990", 42 U.S.C. sec. 12101 et seq., and its related amendments and

• Page 3, Line 5implementing regulations, Colorado has a duty to provide

• Page 3, Line 6equivalent access to state government and public

• Page 3, Line 7accommodations to people with communication-related

• Page 3, Line 8disabilities. This duty requires state departments and agencies

• Page 3, Line 9to provide auxiliary services, communications technology

• Page 3, Line 10equipment, telecommunications relay services, and other resources to ensure access.

• Page 3, Line 11(c)  Centralizing and unifying the resources creates a cost

• Page 3, Line 12savings for the state, facilitates quality control, and increases

• Page 3, Line 13the effectiveness of services, while increasing access to the services.

• Page 3, Line 14(2)  The general assembly further finds and declares that:

• Page 3, Line 15(a)  The communications services for people with

• Page 3, Line 16disabilities enterprise created in this article 21 provides

• Page 3, Line 17valuable business services to individuals who have communication needs related to their disabilities by:

• Page 3, Line 18(I)  Coordinating the provision of, and access to, efficient

• Page 3, Line 19and effective services and resources for individuals who have communication needs related to their disabilities, including by:

• Page 3, Line 20(A)  Establishing and coordinating a communications

• Page 3, Line 21technology program to obtain and distribute interactive

• Page 3, Line 22telecommunications and other communications technology

• Page 4, Line 1equipment needed by individuals who have communication needs related to their disabilities;

• Page 4, Line 2(B)  Establishing and coordinating a telecommunications

• Page 4, Line 3relay service program for individuals in the state who are deaf, hard of hearing, deafblind, or speech disabled;

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

• Page 4, Line 5state court system and for rural areas of the state for individuals who are deaf, hard of hearing, or deafblind; and

• Page 4, Line 6(D)  Approving sign language interpreter certifications as

• Page 4, Line 7valid and reliable in the state, thereby enabling appropriate

• Page 4, Line 8communication access services in relation to the workforce and in commerce; and

• Page 4, Line 9(II)  Coordinating and supporting the services and

• Page 4, Line 10resources described in subsection (2)(a)(I) of this section. The

• Page 4, Line 11enterprise and division help facilitate the engagement of

• Page 4, Line 12individuals who are deaf, hard of hearing, or deafblind or who

• Page 4, Line 13have speech or other communication-related disabilities in the

• Page 4, Line 14workforce and in commerce, thus providing benefits to Colorado

• Page 4, Line 15businesses and employers that benefit from the economic

• Page 4, Line 16development stimulated by the workforce and commercial engagement.

• Page 4, Line 17(b)  By providing the services and resources described in

• Page 4, Line 18subsection (2)(a) of this section, the enterprise engages in an

• Page 4, Line 19activity that is conducted in the pursuit of a benefit, gain, or livelihood;

• Page 4, Line 20(c)  Consistent with the determination of the Colorado

• Page 4, Line 21supreme court in Nicholl v. E-470 Public Highway Authority, 896

• Page 5, Line 1P.2d 859 (Colo. 1995), that the power to impose taxes is

• Page 5, Line 2inconsistent with enterprise status under section 20 of article

• Page 5, Line 3X of the state constitution, the general assembly concludes

• Page 5, Line 4that the revenue collected by the enterprise is generated by fees, not taxes, because the money credited to the enterprise is:

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

• Page 5, Line 6defray the costs of providing the services and resources described in subsection (2)(a) of this section;

• Page 5, Line 7(II)  Collected at rates that are reasonably calculated

• Page 5, Line 8based on the costs of the services and resources provided by the enterprise; and

• Page 5, Line 9(III)  Not state fiscal year spending, as defined in section

• Page 5, Line 1024-77-102 (17), or state revenues, as defined in section 24-77-103.6

• Page 5, Line 11(6)(c), and does not count against either the state fiscal year

• Page 5, Line 12spending limit imposed by section 20 of article X of the state

• Page 5, Line 13constitution or the excess state revenues cap, as defined in

• Page 5, Line 14section 24-77-103.6 (6)(b), so long as the enterprise qualifies as

• Page 5, Line 15an enterprise for purposes of section 20 of article X of the state constitution;

• Page 5, Line 16(d)  No other enterprise created simultaneously or within

• Page 5, Line 17the preceding five years serves primarily the same purpose as the

• Page 5, Line 18enterprise, and the enterprise will generate revenue from fees

• Page 5, Line 19and surcharges of less than one hundred million dollars total

• Page 5, Line 20in its first five fiscal years. Accordingly, the creation of the

• Page 5, Line 21enterprise does not require voter approval pursuant to section 24-77-108.

• Page 5, Line 22(e)  For purposes of the limit set forth in section 24-77-108, the start date of the enterprise is in fiscal year 2024-25.

• Page 6, Line 1SECTION 3.  In Colorado Revised Statutes, 26-21-103, amend

• Page 6, Line 2(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 326-21-103.  Definitions. As used in this article 21, unless the context otherwise requires:

• Page 6, Line 4(1)  "Advisory council" means the Colorado deafblind advisory

• Page 6, Line 5council appointed by the commission in accordance with section 26-21-105 (2)(f).

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

• Page 6, Line 7(3)  "Commission" means the Colorado commission for the deaf,

• Page 6, Line 8hard of hearing, and deafblind advisory council created pursuant to section 26-21-104 (1).

• Page 6, Line 9(3.5)  "Communication access realtime translation" or

• Page 6, Line 10"CART" has the same meaning as "communication access realtime

• Page 6, Line 11translation (CART) reporter", as set forth in section 13-90-202 (5).

• Page 6, Line 12(4.4)  "Division" means the division for the deaf, hard of

• Page 6, Line 13hearing, and deafblind created in section 26-21-106 and consists of staff of the state department.

• Page 6, Line 14(4.5)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 6, Line 15(4.6)  "Fund" means the Colorado division for the deaf,

• Page 6, Line 16hard of hearing, and deafblind cash fund created in section 26-21-107.

• Page 6, Line 17(8.5)  "Prepaid telephone disability access charge" or

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

• Page 7, Line 2(11)  "Telecommunications relay services" means any

• Page 7, Line 3telecommunications services through a third party that allow

• Page 7, Line 4an individual who is deaf, hard of hearing, or deafblind or who

• Page 7, Line 5has a speech disability to communicate by any compatible

• Page 7, Line 6telecommunications service with one or more individuals in a

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

• Page 7, Line 8(12)  "Telephone disability access surcharge" or

• Page 7, Line 9"surcharge" means the surcharge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(II).

• Page 7, Line 10SECTION 4.  In Colorado Revised Statutes, add 26-21-103.5 as follows:

• Page 7, Line 1126-21-103.5.  Communication services for people with

• Page 7, Line 12disabilities enterprise - created - board of directors - membership -

• Page 7, Line 13fees imposed - repeal. (1) (a)  The communication services for

• Page 7, Line 14people with disabilities enterprise is created in the state department for the business purposes of:

• Page 7, Line 15(I)  Coordinating the provision of, and access to, efficient

• Page 7, Line 16and effective services and resources for individuals who have

• Page 7, Line 17communication needs related to their disabilities, including funding the division's duties, as described in section 26-21-106;

• Page 7, Line 18(II)  Imposing a telephone disability access surcharge on

• Page 7, Line 19service users, as defined in section 40-17-101 (11), in

• Page 7, Line 20collaboration with the public utilities commission, in an amount

• Page 7, Line 21not to exceed fifteen cents per month per telephone access line,

• Page 8, Line 1as defined in section 40-17-101 (10). The amount of the surcharge

• Page 8, Line 2shall be reviewed and may be adjusted once per year. The

• Page 8, Line 3amount of the surcharge, in combination with the prepaid

• Page 8, Line 4telephone disability access charge, shall be set at a rate

• Page 8, Line 5sufficient to fund the activities described in this subsection

• Page 8, Line 6(1)(a). The amount of the surcharge imposed per telephone access

• Page 8, Line 7line must be uniform, regardless of the technology used to provide the telephone access line.

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

• Page 8, Line 9on each retail transaction, as defined in section 40-17-101 (6), in

• Page 8, Line 10an amount to be established annually by the enterprise, in

• Page 8, Line 11collaboration with the public utilities commission, but not to

• Page 8, Line 12exceed fifteen cents per each retail transaction in which prepaid

• Page 8, Line 13wireless service is purchased in Colorado. The amount of the

• Page 8, Line 14charge shall be reviewed and may be adjusted once per year. The

• Page 8, Line 15amount of the charge, in combination with the telephone

• Page 8, Line 16disability access surcharge, shall be set at a rate sufficient to fund the activities described in this subsection (1)(a).

• Page 8, Line 17(IV)  In collaboration with the public utilities commission

• Page 8, Line 18and the department of education, once per year, adjusting the

• Page 8, Line 19percentage of the telephone disability access surcharge and the

• Page 8, Line 20prepaid telephone disability access charge to be used for the

• Page 8, Line 21Colorado division for the deaf, hard of hearing, and deafblind

• Page 8, Line 22cash fund and the reading services for the blind cash fund

• Page 8, Line 23created in section 24-90-105.5 and by the state librarian for the talking book library within the department of education.

• Page 8, Line 24(b)  The enterprise constitutes an enterprise for purposes

• Page 9, Line 1of section 20 of article X of the state constitution, so long as

• Page 9, Line 2the enterprise retains the authority to issue revenue bonds and

• Page 9, Line 3receives less than ten percent of its total annual revenue in

• Page 9, Line 4grants from all Colorado state and local governments

• Page 9, Line 5combined. So long as it constitutes an enterprise pursuant to

• Page 9, Line 6this subsection (1)(b), the enterprise is not subject to section 20 of article X of the state constitution.

• Page 9, Line 7(c)  The board, with the advice of the division and the

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

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

• Page 9, Line 10expenses of the enterprise, which bonds are secured by revenue of the enterprise.

• Page 9, Line 11(e)  The enterprise shall not increase the amounts of the

• Page 9, Line 12telephone disability access surcharge or the prepaid telephone

• Page 9, Line 13disability access charge in an amount that causes the

• Page 9, Line 14cumulatively collected fees to exceed one hundred million dollars in the first five years of the enterprise's existence.

• Page 9, Line 15(2) (a)  The enterprise shall be governed by a board of directors appointed by the governor.

• Page 9, Line 16(b) (I)  The governor shall appoint members of the board on or before June 30, 2025.

• Page 9, Line 17(II)  This subsection (2)(b) is repealed, effective July 1, 2026.

• Page 9, Line 18(c) (I)  The governor shall call the first meeting of the board on or before October 1, 2025.

• Page 9, Line 19(II)  This subsection (2)(c) is repealed, effective July 1, 2026.

• Page 9, Line 20SECTION 5.  In Colorado Revised Statutes, 26-21-104, amend (1); and add (5) as follows:

• Page 10, Line 126-21-104.  Commission created - appointments - repeal.

• Page 10, Line 2(1)  The Colorado commission for the deaf, hard of hearing, and

• Page 10, Line 3deafblind advisory council iscreated in the state department. of

• Page 10, Line 4human services. The commission is a type 2 entity, as defined in section

• Page 10, Line 524-1-105, and exercises its powers and performs its duties and functions

• Page 10, Line 6under the state department. of human services. The division and

• Page 10, Line 7commission shall advise the enterprise and state agencies

• Page 10, Line 8regarding the provision of services and resources for the deaf, hard-of-hearing, and deafblind community.

• Page 10, Line 9(5)  This section is repealed, effective September 1, 2031.

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

• Page 10, Line 11SECTION 6. In Colorado Revised Statutes, 26-21-105, amend (1); repeal (2)(f); and add (2)(g) and (5) as follows:

• Page 10, Line 1226-21-105.  Appointment of division director - division

• Page 10, Line 13procedures - commission's advisory role - repeal. (1)  The executive

• Page 10, Line 14director of the department of human services or the executive director's

• Page 10, Line 15designee shall appoint a director of the commission division. The

• Page 10, Line 16executive director of the department commission shall provide comment and input to the commission on the hiring of the division director.

• Page 10, Line 17(2) (f) (I)  There is created the Colorado deafblind advisory council consisting of seven members.

• Page 10, Line 18(II)  The advisory council shall advise the commission, state and

• Page 10, Line 19local governments, and other relevant entities on how to increase

• Page 10, Line 20competitive integrated employment as defined in section 8-84-301,

• Page 10, Line 21enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.

• Page 11, Line 1(III)  The commission shall appoint initial members to the advisory

• Page 11, Line 2council by July 1, 2019. The commission shall designate four members

• Page 11, Line 3to serve an initial four-year term and three members to serve an initial

• Page 11, Line 4six-year term. After the initial terms, all subsequent appointees serve

• Page 11, Line 5four-year terms. The commission shall appoint a qualified person to fill

• Page 11, Line 6any vacancy on the advisory council for the remainder of any unexpired term. The advisory council has the following appointees:

• Page 11, Line 7(A)  One member who is deaf and blind;

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

• Page 11, Line 8(C)  One member who is hard of hearing and blind;

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

• Page 11, Line 9(E)  One member who is latent deafblind;

• Page 11, Line 10(F)  One member who is a professional working with the deafblind community; and

• Page 11, Line 11(G)  One member who is a parent of a deafblind child.

• Page 11, Line 12(g)  The commission shall advise the division on its functions and duties as set forth in section 26-21-106.

• Page 11, Line 13(5)  Subsection (2) of this section and this subsection (5)

• Page 11, Line 14are repealed, effective September 1, 2031. Before the repeal,

• Page 11, Line 15subsection (2) of this section and this subsection (5) are scheduled for review in accordance with section 2-3-1203.

• Page 11, Line 16SECTION 7.  In Colorado Revised Statutes, 26-21-106, amend

• Page 11, Line 17(1) introductory portion, (1)(d), (1)(e)(I), (1)(e)(II), (1)(f), (2), (3), (4)

• Page 11, Line 18introductory portion, (4)(g)(II) introductory portion, (4)(g)(II)(B), (6), (7)

• Page 11, Line 19introductory portion, (7)(a), (7)(b), (8) introductory portion, (8.5), (9)(a)

• Page 11, Line 20introductory portion, (9)(a)(VIII), (9)(b), and (9)(c)(I); repeal (9)(a)(IX); and add (1)(g), (1.5), and (1.7) as follows:

• Page 12, Line 126-21-106.  Division for the deaf, hard of hearing, and

• Page 12, Line 2deafblind - creation - powers, functions, and duties - programs -

• Page 12, Line 3report - rules - definitions. (1)  The division for the deaf, hard of

• Page 12, Line 4hearing, and deafblind is created in the state department. The powers, functions, and duties of the commission division include:

• Page 12, Line 5(d)  Assessing how communications technology has affected the

• Page 12, Line 6needs of the deaf, hard of hearing, and deafblind, The commission shall

• Page 12, Line 7assess including the type and amount of equipment needed by the deaf,

• Page 12, Line 8hard-of-hearing, and deafblind persons community and

• Page 12, Line 9speech-disabled individuals who qualify under the federal poverty

• Page 12, Line 10guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42. U.S.C. 9902 (2);

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

• Page 12, Line 12deafblind community and reporting annually to the governor and the

• Page 12, Line 13general assembly any recommendations for legislation or and

• Page 12, Line 14administrative changes that may facilitate or streamline the provision of

• Page 12, Line 15general government services to individuals who are deaf, hard of

• Page 12, Line 16hearing, and or deafblind. Notwithstanding section 24-1-136 (11)(a)(I),

• Page 12, Line 17on or before September 1 of each year, the commission must division

• Page 12, Line 18shall file the report required by this subsection (1)(e). In preparing the

• Page 12, Line 19annual report and recommendations, the commission division shall consider the following:

• Page 12, Line 20(I)  Whether any existing statutory or administrative provisions

• Page 12, Line 21impede the ability of the commission division to act as a statewide

• Page 12, Line 22coordinating agency advocating for individuals who are deaf, hard of

• Page 12, Line 23hearing, and or deafblind individuals in Colorado; and

• Page 13, Line 1(II)  Any methods, programs, or policies that may improve

• Page 13, Line 2communication and environmental accessibility and quality of existing

• Page 13, Line 3services, promote or deliver necessary new services, and assist state

• Page 13, Line 4agencies in the delivery of services to deaf, hard-of-hearing, and deafblind individuals;

• Page 13, Line 5(f)  Approving an entity's certification of a sign language

• Page 13, Line 6interpreters interpreter's certifications as valid and reliable in accordance with section 6-1-707 (1)(e)(I)(B); and

• Page 13, Line 7(g)  Coordinating the provision of a telecommunications

• Page 13, Line 8relay service program for individuals in the state who are deaf,

• Page 13, Line 9hard of hearing, or deafblind or speech-disabled. In doing so, this service shall:

• Page 13, Line 10(I)  Conform with section 401 of the federal "Americans

• Page 13, Line 11with Disabilities Act of 1990", 47 U.S.C. sec. 225, including the

• Page 13, Line 12provision for state application to the federal communications commission for certification;

• Page 13, Line 13(II)  Meet or exceed all operational, technical, and

• Page 13, Line 14functional minimum standards in federal communications

• Page 13, Line 15commission regulations governing telecommunication relay services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.

• Page 13, Line 16(1.5) (a)  On and after June 30, 2025, the rights, powers,

• Page 13, Line 17duties, and functions regarding the telecommunications relay

• Page 13, Line 18services vested in the public utilities commission prior to that

• Page 13, Line 19date are transferred from the public utilities commission to the

• Page 13, Line 20division for the division to perform the functions described in subsection (1)(g) of this section.

• Page 13, Line 21(b) (I)  On and after June 30, 2025, whenever any provision

• Page 14, Line 1of law refers to the public utilities commission in connection

• Page 14, Line 2with the functions transferred to the division pursuant to this

• Page 14, Line 3subsection (1.5), the law shall be construed as referring to the division.

• Page 14, Line 4(II)  Any contract entered into by the public utilities

• Page 14, Line 5commission prior to June 30, 2025, in connection with the

• Page 14, Line 6functions transferred to the division pursuant to this

• Page 14, Line 7subsection (1.5) is validated, with the division succeeding to all rights and obligations under the contract.

• Page 14, Line 8(III)  On and after June 30, 2025, the division shall satisfy

• Page 14, Line 9any obligations incurred by the public utilities commission, but

• Page 14, Line 10not yet paid, in connection with the functions transferred to the division pursuant to this subsection (1.5).

• Page 14, Line 11(1.7)  Pursuant to a contract entered into between the

• Page 14, Line 12division director and the board and without regard to the

• Page 14, Line 13"Procurement Code", articles 101 to 112 of title 24, the division

• Page 14, Line 14shall provide administrative, professional, and technical staff

• Page 14, Line 15to assist the board with the conduct of the affairs of the enterprise.

• Page 14, Line 16(2)  The commission division shall consider the findings of any

• Page 14, Line 17study authorized under this section and may approve, disapprove, or

• Page 14, Line 18amend the findings. After consideration of the findings, the commission

• Page 14, Line 19division shall submit a report with recommendations, including proposed

• Page 14, Line 20legislation, if necessary, to the governor and to the general assembly. The

• Page 14, Line 21commission division shall submit the report annually, notwithstanding

• Page 14, Line 22section 24-1-136 (11)(a)(I), and may combine the report with, or include

• Page 14, Line 23the report as a part of, the annual report prepared under subsection (1)(e) of this section.

• Page 15, Line 1(3)  The commission division shall establish and coordinate a

• Page 15, Line 2communications technology program that is consistent with the findings

• Page 15, Line 3of subsection (1) of this section to obtain and distribute interactive

• Page 15, Line 4telecommunications and other communications technology equipment

• Page 15, Line 5needed by individuals who are deaf, hard of hearing, and or deafblind persons or speech-disabled.

• Page 15, Line 6(4)  The commission division, in collaboration with the judicial

• Page 15, Line 7department, shall arrange for auxiliary services for deaf,

• Page 15, Line 8hard-of-hearing, and deafblind individuals for the state court system. Arranging auxiliary services for the state court system includes:

• Page 15, Line 9(g) (II)  For the purposes of As used in this subsection (4)(g):

• Page 15, Line 10(B)  "Qualified interpreter" means a person an individual who

• Page 15, Line 11has a valid certification of competency accepted by the commission

• Page 15, Line 12division and includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 15, Line 13(6)  The commission division shall establish and maintain

• Page 15, Line 14outreach and consulting services to improve and ensure effective access

• Page 15, Line 15to auxiliary services by critical state and local government agencies,

• Page 15, Line 16private agencies, and other entities. The commission division shall also

• Page 15, Line 17use these services to increase awareness of the programs funded by the

• Page 15, Line 18Colorado telephone users with disabilities fund established pursuant to

• Page 15, Line 19section 40-17-104 that the division funds and administers for the public.

• Page 15, Line 20(7)  The commission's division's outreach and consulting services include the following duties:

• Page 15, Line 21(a)  Provide resources to deaf, hard-of-hearing, and deafblind

• Page 16, Line 1individuals who have encountered barriers to obtaining necessary services;

• Page 16, Line 2(b)  Assist deaf, hard-of-hearing, and deafblind individuals in understanding and accessing services that may be available to them;

• Page 16, Line 3(8)  The commission division shall maintain a community access

• Page 16, Line 4program for one-on-one system navigating services to ensure resources

• Page 16, Line 5are available to deaf, hard-of-hearing, and deafblind individuals and

• Page 16, Line 6to protect each person's individual's right to effective communication

• Page 16, Line 7and access to environmental information. The community access program must include the following:

• Page 16, Line 8(8.5)  Community intervener program. (a)  On or before October

• Page 16, Line 91, 2023, the commission The division shall establish a family and

• Page 16, Line 10community intervener program. The family and community intervener

• Page 16, Line 11program shall work with children individuals who are deafblind to

• Page 16, Line 12facilitate critical connections between the child individual and the

• Page 16, Line 13child's individual's family, community, and environment. The family

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

• Page 16, Line 15to, access to a family and community intervener with specific training in

• Page 16, Line 16deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:

• Page 16, Line 17(I)  Work one-on-one with a child an individual who is deafblind

• Page 16, Line 18in order to facilitate critical connections between the child individual and the child's their community, family, and environment;

• Page 16, Line 19(II)  Open channels of communication between the child individual and others;

• Page 16, Line 20(III)  Facilitate the development or use of receptive and expressive

• Page 16, Line 21communication skills by the child individual;

• Page 17, Line 1(IV)  Develop and maintain a trusting, interactive relationship with the child individual that promotes social and emotional well-being; and

• Page 17, Line 2(V)  Provide the child individual with opportunities for learning and development in the community and at home.

• Page 17, Line 3(b)  The commission division shall hire an a family and

• Page 17, Line 4community intervener program manager to direct services for children

• Page 17, Line 5individuals who are deafblind with additional cognitive

• Page 17, Line 6disabilities, physical disabilities, or both and ensure that an intervener:

• Page 17, Line 7(I)  Works with no more than one child individual at a time;

• Page 17, Line 8(II)  Instructs and supports the child individual in skills related to community involvement;

• Page 17, Line 9(III)  Transports the child individual to gain access to community services and resources;

• Page 17, Line 10(IV)  Provides communication and information to the child

• Page 17, Line 11individual concerning the child's individual's environment that otherwise would be available through vision and hearing;

• Page 17, Line 12(V)  Uses interpersonal communication, including sign language,

• Page 17, Line 13speech, tangible communication symbols, gestures, calendars, and augmentative communication devices;

• Page 17, Line 14(VI)  Makes sights, sounds, and activities accessible to the child

• Page 17, Line 15individual by learning the child's individual's specific communication system; and

• Page 17, Line 16(VII)  Forms a working alliance with the deafblind child's

• Page 17, Line 17individual's family members, neighbors, community organizations, and professionals with whom the child individual has contact.

• Page 17, Line 18(c)  The family and community intervener program manager

• Page 18, Line 1shall document the following outcomes for intervener services in the child's individual's record:

• Page 18, Line 2(I)  Whether the child individual is effectively communicating wants and needs to the child's individual's intervener; and

• Page 18, Line 3(II)  Whether the child individual is actively participating in

• Page 18, Line 4community activities and activities of daily living to the extent of the child's individual's ability.

• Page 18, Line 5(d)  The intervener program manager and intervener shall

• Page 18, Line 6collaborate with other state agencies as appropriate that provide direct or

• Page 18, Line 7indirect services to children individuals who are deafblind and their

• Page 18, Line 8families to identify potential additional services or opportunities for children individuals who are deafblind.

• Page 18, Line 9(9) (a)  The commission division shall arrange for the provision

• Page 18, Line 10of auxiliary services in rural areas of the state by performing the following functions:

• Page 18, Line 11(VIII)  Establishing, monitoring, and publishing on the

• Page 18, Line 12commission's public website a list of available CART providers and

• Page 18, Line 13qualified interpreters, as defined in subsections (4)(g)(II)(A) and

• Page 18, Line 14(4)(g)(II)(B) of this section, respectively, who are willing to work in rural

• Page 18, Line 15areas for persons individuals who are deaf, hard of hearing, or deafblind; and

• Page 18, Line 16(IX)  Creating an advisory council to make recommendations to

• Page 18, Line 17the commission about the provision of auxiliary services in rural areas; and

• Page 18, Line 18(b)  The executive director board shall promulgate adopt rules

• Page 18, Line 19in consultation with, or as proposed by, the commission division, with

• Page 18, Line 20input from the commission and the deaf, hard of hearing, and deafblind

• Page 19, Line 1community, regarding implementation of this subsection (9). The rules must define the term "rural area".

• Page 19, Line 2(c) (I)  On or before November 1, 2022, and on or before

• Page 19, Line 3November 1 of each year thereafter, the commission division shall

• Page 19, Line 4submit a report to the joint budget committee summarizing the

• Page 19, Line 5commission's division's implementation of the program described in this subsection (9) over the previous twelve months.

• Page 19, Line 6SECTION 8.  In Colorado Revised Statutes, 26-21-107, amend (1); and add (4) as follows:

• Page 19, Line 726-21-107.  Colorado division for the deaf, hard of hearing,

• Page 19, Line 8and deafblind cash fund - creation - gifts, grants, and donations -

• Page 19, Line 9reimbursement. (1)  There is hereby created in the state treasury the

• Page 19, Line 10Colorado commission division for the deaf, hard of hearing, and

• Page 19, Line 11deafblind cash fund. All money credited to the fund must, pursuant to

• Page 19, Line 12section 26-21-103.5 (1)(a)(IV), be used exclusively for the

• Page 19, Line 13administration and discharge of the duties of the enterprise,

• Page 19, Line 14commission members, and division staff under this article 21. All

• Page 19, Line 15money credited to the fund and any interest earned from the investment

• Page 19, Line 16of money in the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.

• Page 19, Line 17(4)  Money in the fund is continuously appropriated to the state department for the purposes set forth in section 26-21-102.

• Page 19, Line 18SECTION 9.  In Colorado Revised Statutes, 26-21-107.5, amend (1), (2), and (7) as follows:

• Page 19, Line 1926-21-107.5.  Colorado division for the deaf, hard of hearing,

• Page 19, Line 20and deafblind grant program - creation - standards - applications -

• Page 19, Line 21definition. (1)  The Colorado commission division for the deaf, hard of

• Page 20, Line 1hearing, and deafblind grant program is hereby established to provide

• Page 20, Line 2funding for entities to address the needs of Colorado's individuals who

• Page 20, Line 3are deaf, hard-of-hearing, or hard of hearing, and deafblind. individuals.

• Page 20, Line 4(2) (a)  The Colorado commission division for the deaf, hard of

• Page 20, Line 5hearing, and deafblind grant program committee appointed pursuant to

• Page 20, Line 6section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.

• Page 20, Line 7(b)  The commission division shall pay the grants awarded

• Page 20, Line 8through the grant program from money appropriated by the general assembly.

• Page 20, Line 9(c)  Subject to available money, the general assembly shall

• Page 20, Line 10appropriate to the commission division no more than fifty thousand dollars annually to administer the grant program.

• Page 20, Line 11(7)  Grantees shall comply with reporting requirements established by the commission division.

• Page 20, Line 12SECTION 10.  In Colorado Revised Statutes, 26-21-107.7,

• Page 20, Line 13amend (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 20, Line 1426-21-107.7.  Colorado division for the deaf, hard of hearing,

• Page 20, Line 15and deafblind grant program committee - creation - members - duties

• Page 20, Line 16- reimbursement for expenses. (1) (a.5) (I)  There is hereby created the

• Page 20, Line 17Colorado commission division for the deaf, hard of hearing, and

• Page 20, Line 18deafblind grant program committee, referred to in this section as the

• Page 20, Line 19"committee", consisting of five members, for the purpose of

• Page 20, Line 20recommending to the commission division approval or disapproval of

• Page 20, Line 21applications for the grant program.

• Page 21, Line 1(II)  The commission division shall appoint four members to the committee as follows:

• Page 21, Line 2(III)  This subsection (1)(a.5) is effective September 1, 2018, and

• Page 21, Line 3applies to appointments to the committee on or after September 1, 2018.

• Page 21, Line 4All initial appointments in accordance with this subsection (1)(a.5) must be made by September 30, 2018.

• Page 21, Line 5(c)  In appointing members to the committee, the commission

• Page 21, Line 6division shall choose persons individuals who have knowledge and

• Page 21, Line 7awareness of innovative strategies that address challenges faced by the

• Page 21, Line 8deaf, hard-of-hearing, and deafblind community and speech-disabled communities.

• Page 21, Line 9(d)  The appointed members of the committee shall serve

• Page 21, Line 10three-year terms. except that, of the members first appointed, one of the

• Page 21, Line 11members shall serve a two-year term and two of the members shall serve

• Page 21, Line 12one-year terms. The commission shall choose those members who shall

• Page 21, Line 13serve the initial shortened terms. If a vacancy arises in one of the

• Page 21, Line 14appointed positions, the commission division shall appoint a replacement to fill the vacancy for the remainder of the term.

• Page 21, Line 15(e)  Members of the committee are entitled to be reimbursed out

• Page 21, Line 16of available appropriations for all actual and necessary expenses incurred in the performance of their duties.

• Page 21, Line 17(2)  The committee shall review all applications received pursuant

• Page 21, Line 18to section 26-21-107.5. Based on criteria established by the commission

• Page 21, Line 19division, the committee shall recommend to the commission those

• Page 21, Line 20applications to approve, with recommended grant amounts, and those to disapprove.

• Page 21, Line 21(3)  The commission division shall review and may follow the

• Page 22, Line 1recommendations of the committee for approval or disapproval of

• Page 22, Line 2applications for the grant program and for grant amounts. If the

• Page 22, Line 3commission division disagrees with the recommendations of the

• Page 22, Line 4committee, the executive director of the department shall have division

• Page 22, Line 5has final decision-making authority to approve or disapprove the applications and to set the grant amounts.

• Page 22, Line 6SECTION 11.  In Colorado Revised Statutes, add 26-21-107.9 as follows:

• Page 22, Line 726-21-107.9.  Rules.The board may adopt rules as necessary to implement this article 21.

• Page 22, Line 8SECTION 12.  In Colorado Revised Statutes, repeal 26-21-108 as follows:

• Page 22, Line 926-21-108.  Repeal of article - sunset review.(1)  This article 21 is repealed, effective September 1, 2031.

• Page 22, Line 10(2)  Prior to the repeal, the commission shall be reviewed as provided for in section 24-34-104, C.R.S.

• Page 22, Line 11SECTION 13.  In Colorado Revised Statutes, 24-90-105.5, amend (5) as follows:

• Page 22, Line 1224-90-105.5.  Literacy support services for persons who are

• Page 22, Line 13blind or print-disabled - authority of state librarian - fund. (5)  The

• Page 22, Line 14general assembly recognizes the importance of privately operated reading

• Page 22, Line 15services to enable persons who are blind or print-disabled to gain access

• Page 22, Line 16to otherwise inaccessible print materials. The state librarian has the

• Page 22, Line 17authority to administer money in the reading services for the blind cash

• Page 22, Line 18fund, which is created in the state treasury pursuant to section

• Page 22, Line 1926-21-103.5 (1)(a)(IV), for the support of privately operated reading

• Page 22, Line 20services. The fund consists of any public or private money transferred,

• Page 23, Line 1appropriated, or otherwise credited to the fund. All money credited to the

• Page 23, Line 2fund and all interest earned on the investment of money in the fund is a

• Page 23, Line 3part of the fund and must not be transferred or credited to the general

• Page 23, Line 4fund or to any other fund except as directed by the general assembly

• Page 23, Line 5acting by bill. The general assembly shall make annual appropriations

• Page 23, Line 6from the reading services for the blind cash fund to the state librarian to carry out the purposes of this section.

• Page 23, Line 7SECTION 14.  In Colorado Revised Statutes, repeal 29-11-102.7.

• Page 23, Line 8SECTION 15.  In Colorado Revised Statutes, repeal and reenact, with amendments, article 17 of title 40 as follows:

• Page 23, Line 9ARTICLE 17

• Telephone Disability Access

• Page 23, Line 1040-17-101.  Definitions.As used in this article 17, unless the context otherwise requires:

• Page 23, Line 11(1)  "Commission" means the public utilities commission created in section 40-2-101.

• Page 23, Line 12(2)  "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.

• Page 23, Line 13(3)  "Department" means the department of revenue.

• Page 23, Line 14(4)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 23, Line 15(5)  "Prepaid telephone disability access charge" or

• Page 23, Line 16"charge" means the charge imposed by the communication

• Page 23, Line 17services for people with disabilities enterprise pursuant to section 26-21-103.5 (1)(a)(III).

• Page 23, Line 18(6)  "Retail transaction" means the purchase of prepaid

• Page 23, Line 19wireless telecommunications service from a seller for any purpose other than resale.

• Page 24, Line 1(7)  "Seller" means a person that sells prepaid wireless telecommunications services to another person.

• Page 24, Line 2(8)  "Service supplier" means a person providing telephone

• Page 24, Line 3access lines to any service user in the state, either directly or by resale.

• Page 24, Line 4(9)  "Service user" means a person that is provided a telephone access line in the state.

• Page 24, Line 5(10)  "Telephone access line" means a voice grade channel

• Page 24, Line 6or its equivalent assigned to a residential or commercial end

• Page 24, Line 7user customer by a service supplier, regardless of the technology used to provide the service.

• Page 24, Line 8(11)  "Telephone disability access surcharge" or

• Page 24, Line 9"surcharge" means the surcharge imposed by the communication

• Page 24, Line 10services for people with disabilities enterprise pursuant to section 26-21-103.5 (1)(a)(II).

• Page 24, Line 1140-17-102.  Telephone disability access surcharges collected for

• Page 24, Line 12the enterprise - remittance - rules. (1)  The commission shall

• Page 24, Line 13collect, on behalf of the communication services for people with

• Page 24, Line 14disabilities enterprise, the telephone disability access surcharge

• Page 24, Line 15to fund the enterprise. The commission shall collaborate with

• Page 24, Line 16the enterprise to establish the amount of the surcharge once per year.

• Page 24, Line 17(2) (a)  Each service supplier shall collect the surcharge

• Page 24, Line 18from its service users. The surcharge is the liability of the

• Page 24, Line 19service user and not of the service supplier; except that the

• Page 24, Line 20service supplier is liable to remit all surcharges that the service supplier collects from service users.

• Page 25, Line 1(b)  The surcharge shall be listed as a separate item that appears on a service user's monthly billing statement.

• Page 25, Line 2(3) (a)  The service supplier shall remit the collected

• Page 25, Line 3surcharges to the commission on a monthly basis in a manner

• Page 25, Line 4established by the commission. The commission shall establish

• Page 25, Line 5remittance procedures by rule. A service supplier is subject to

• Page 25, Line 6the penalties and procedures set forth in section 40-17-103 for

• Page 25, Line 7the failure to collect or correctly remit a surcharge in accordance with this section.

• Page 25, Line 8(b)  A service supplier may deduct and retain one percent

• Page 25, Line 9of the surcharges that are collected by the service supplier from its service users.

• Page 25, Line 10(c) (I)  The state treasurer shall credit the surcharge

• Page 25, Line 11collections remitted to the commission pursuant to subsection

• Page 25, Line 12(3)(a) of this section to the Colorado division for the deaf, hard

• Page 25, Line 13of hearing, and deafblind cash fund created in section 26-21-107

• Page 25, Line 14(1). Any surcharge transmitted to the state treasurer that is

• Page 25, Line 15collected on behalf of the enterprise is excluded from state fiscal year spending.

• Page 25, Line 16(II)  The commission may retain up to four percent of the

• Page 25, Line 17collected surcharges necessary to reimburse the commission for

• Page 25, Line 18its direct and indirect costs of administering the collection and

• Page 25, Line 19remittance of surcharges for the enterprise, including costs

• Page 25, Line 20related to conducting audits of service suppliers in accordance with section 40-17-103.

• Page 25, Line 21(4)  The surcharge imposed by the enterprise pursuant to

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

• Page 26, Line 2services for people with disabilities funding obligation imposed

• Page 26, Line 3upon service users in the state. No tax, fee, surcharge, or other

• Page 26, Line 4charge to fund the enterprise is imposed by the state, any

• Page 26, Line 5political subdivision of the state, or any intergovernmental

• Page 26, Line 6agency upon a seller or consumer with respect to the sale,

• Page 26, Line 7purchase, use, or provision of a telephone access line in the state.

• Page 26, Line 8(5)  This section does not apply to prepaid wireless telecommunications services.

• Page 26, Line 9(6)  The telephone disability access surcharge shall not be

• Page 26, Line 10imposed on the service supplier or the service users with respect to federally supported lifeline service.

• Page 26, Line 1140-17-103.  Service supplier obligations - penalties - audits -

• Page 26, Line 12rules. (1)  Every service supplier shall collect the telephone disability access surcharge from its service users.

• Page 26, Line 13(2)  A service supplier is liable only for the surcharge

• Page 26, Line 14collected pursuant to this article 17 until the surcharge is

• Page 26, Line 15remitted to the commission. The amount remitted by the service

• Page 26, Line 16supplier must reflect the actual collections based on the actual telephone access line billed.

• Page 26, Line 17(3)  A service supplier shall remit the surcharge in

• Page 26, Line 18accordance with section 40-17-102 and rules adopted by the commission.

• Page 26, Line 19(4) (a)  The service supplier shall maintain a record of the

• Page 26, Line 20amount of each surcharge collected and remitted by the service

• Page 26, Line 21user address for a period of three years after the time the charge is collected and remitted.

• Page 27, Line 1(b)  If a service supplier fails to timely file a report and

• Page 27, Line 2remit the surcharge as required by this section, or if a service

• Page 27, Line 3supplier files an incorrect report or fails to remit the correct

• Page 27, Line 4amount, the commission shall estimate the amount of the

• Page 27, Line 5remittance due for the period or periods for which the service

• Page 27, Line 6supplier is delinquent. The commission shall make the estimate

• Page 27, Line 7based on the information available. The commission shall

• Page 27, Line 8compute and assess a penalty equal to fifteen percent of the

• Page 27, Line 9estimate of the delinquent amount and shall assess interest on

• Page 27, Line 10the delinquent charges at the rate of one percent each month from the date when due until the date paid.

• Page 27, Line 11(c)  Except as provided in this section and unless such time

• Page 27, Line 12is extended by agreement pursuant to subsection (4)(d) of this

• Page 27, Line 13section, the amount of a delinquent remittance and the penalty

• Page 27, Line 14and interest owed pursuant to subsection (4)(b) of this section,

• Page 27, Line 15other than interest accruing thereafter, shall be assessed

• Page 27, Line 16within three years after the date the incorrect report was filed

• Page 27, Line 17or the delinquent report was to be filed. The commission shall

• Page 27, Line 18not file a notice of lien, issue a distraint warrant, institute a

• Page 27, Line 19suit for collection, or take other action to collect the amount

• Page 27, Line 20after the expiration of such period unless the commission issues

• Page 27, Line 21a notice of assessment for the amount within such period or

• Page 27, Line 22within an extended period pursuant to subsection (4)(d) of this section.

• Page 27, Line 23(d)  If, before the expiration of the time prescribed for the

• Page 27, Line 24assessment of delinquent amounts in subsection (4)(c) of this

• Page 28, Line 1section, the commission and the service supplier consent in

• Page 28, Line 2writing to an assessment after such time, the amount

• Page 28, Line 3calculated in accordance with subsection (4)(b) of this section

• Page 28, Line 4may be assessed at any time prior to the expiration of the period

• Page 28, Line 5agreed upon. The period agreed upon may be extended by

• Page 28, Line 6subsequent agreements in writing made before the expiration of

• Page 28, Line 7the period previously agreed upon. The commission may file a lien

• Page 28, Line 8against the property of the service supplier for up to one year

• Page 28, Line 9after the expiration of any such period, unless otherwise specifically provided in this article 17.

• Page 28, Line 10(e)  The commission may conduct an audit of a service

• Page 28, Line 11supplier's books and records concerning the collection and

• Page 28, Line 12remittance of the charges authorized under this article 17. A

• Page 28, Line 13public inspection of the audit and of documents reviewed in the

• Page 28, Line 14audit is subject to section 24-72-204. The commission is

• Page 28, Line 15responsible for expenses the commission may incur to conduct

• Page 28, Line 16the audit. In connection with audits performed, service suppliers

• Page 28, Line 17shall make relevant records available to the auditors at no

• Page 28, Line 18charge. The commission shall adopt rules governing the audit and appeal procedures.

• Page 28, Line 19(f)  The commission shall deposit any penalties collected

• Page 28, Line 20or interest in the Colorado division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).

• Page 28, Line 2140-17-104.  Prepaid wireless telephone disability access charges

• Page 28, Line 22collected for the enterprise - remittance - rules. (1) (a)  A seller

• Page 28, Line 23shall collect, on behalf of the enterprise, the prepaid telephone

• Page 28, Line 24disability access charge from the consumer on each retail

• Page 29, Line 1transaction occurring in the state. The amount of the prepaid

• Page 29, Line 2telephone disability access charge shall be disclosed to the

• Page 29, Line 3consumer on an invoice, a receipt, or other similar document

• Page 29, Line 4that the seller provides to the consumer. A seller shall elect

• Page 29, Line 5to either disclose or separately state the charge and not

• Page 29, Line 6change the election without the written consent of the

• Page 29, Line 7department. The seller is deemed to have collected the charge

• Page 29, Line 8notwithstanding the seller's failure to separately disclose or

• Page 29, Line 9state the charge on an invoice, a receipt, or other similar document that the seller provides the consumer.

• Page 29, Line 10(b)  For purposes of this section, a retail transaction occurs in Colorado if:

• Page 29, Line 11(I)  The consumer effects the retail transaction in person at a business location in Colorado;

• Page 29, Line 12(II)  If subsection (1)(b)(I) of this section does not apply, the

• Page 29, Line 13product is delivered to the consumer at a Colorado address provided to the seller;

• Page 29, Line 14(III)  If subsections (1)(b)(I) and (1)(b)(II) of this section do

• Page 29, Line 15not apply, the seller's records, maintained in the ordinary

• Page 29, Line 16course of business, indicate that the consumer's address is in Colorado, and the records are not made or kept in bad faith;

• Page 29, Line 17(IV)  If subsections (1)(b)(I) to (1)(b)(III) of this section do

• Page 29, Line 18not apply, the consumer gives a Colorado address during the

• Page 29, Line 19consummation of the sale, including the consumer's payment

• Page 29, Line 20instrument if no other address is available, and there is no indication that the address is given in bad faith; or

• Page 29, Line 21(V)  If subsections (1)(b)(I) to (1)(b)(IV) of this section do

• Page 30, Line 1not apply, the consumer's mobile telephone number is associated with a Colorado location.

• Page 30, Line 2(c)  The prepaid telephone disability access charge is the

• Page 30, Line 3liability of the consumer and not of the seller; except that the

• Page 30, Line 4seller is liable to remit all charges that the seller collects from a consumer as provided in subsection (2) of this section.

• Page 30, Line 5(d)  The amount of the prepaid telephone disability access

• Page 30, Line 6charge that is collected by a seller from a consumer is not

• Page 30, Line 7included in the base for measuring any tax, fee, surcharge, or

• Page 30, Line 8other charge that is imposed by the state, any political subdivision of the state, or any intergovernmental agency.

• Page 30, Line 9(2) (a)  The seller shall remit any collected prepaid

• Page 30, Line 10telephone disability access charges to the department at the

• Page 30, Line 11times and in the manner provided in part 1 of article 26 of title

• Page 30, Line 1239. The department shall establish, by rule, registration and

• Page 30, Line 13payment procedures that substantially coincide with the

• Page 30, Line 14registration and payment procedures that apply under part 1 of

• Page 30, Line 15article 26 of title 39. A seller is subject to the penalties under

• Page 30, Line 16part 1 of article 26 of title 39 for failure to collect or remit a charge in accordance with this section.

• Page 30, Line 17(b)  A seller may deduct and retain three and three-tenths

• Page 30, Line 18percent of the prepaid telephone disability access charges that are collected by a seller from consumers.

• Page 30, Line 19(c)  The audit and appeal procedures applicable to the

• Page 30, Line 20state sales tax pursuant to part 1 of article 26 of title 39 apply to prepaid telephone disability access charges.

• Page 30, Line 21(d)  The department shall, by rule, establish procedures by

• Page 31, Line 1which a seller may document that a transaction is not a retail

• Page 31, Line 2transaction, which procedures must substantially coincide with

• Page 31, Line 3the procedures for documenting that a sale was wholesale for

• Page 31, Line 4purposes of the sales tax pursuant to part 1 of article 26 of title 39.

• Page 31, Line 5(e) (I)  The state treasurer shall credit the prepaid

• Page 31, Line 6telephone disability access charges remitted to the department

• Page 31, Line 7pursuant to subsection (2)(a) of this section to the Colorado

• Page 31, Line 8division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).

• Page 31, Line 9(II)  The department may retain up to three percent of the

• Page 31, Line 10collected charges necessary to reimburse the department for

• Page 31, Line 11its direct costs of administering the collection and remittance of prepaid telephone disability access charges.

• Page 31, Line 12(3)  The prepaid telephone disability access charge is the

• Page 31, Line 13only direct disability communication access funding obligation

• Page 31, Line 14imposed with respect to prepaid wireless telecommunications

• Page 31, Line 15service in the state. No tax, fee, surcharge, or other charge to

• Page 31, Line 16fund disability communication access is imposed by the state, any

• Page 31, Line 17political subdivision of the state, or any intergovernmental

• Page 31, Line 18agency upon a seller or consumer with respect to the sale,

• Page 31, Line 19purchase, use, or provision of prepaid wireless telecommunications service.

• Page 31, Line 20(4)  The prepaid telephone disability access charge shall

• Page 31, Line 21not be imposed on the seller or the consumer with respect to federally supported lifeline service.

• Page 31, Line 22SECTION 16. In Colorado Revised Statutes, 2-3-1203, add (22)(a)(VII) as follows:

• Page 32, Line 12-3-1203.  Sunset review of advisory committees - legislative

• Page 32, Line 2declaration - definition - repeal. (22) (a)  The following statutory

• Page 32, Line 3authorizations for the designated advisory committees will repeal on September 1, 2031:

• Page 32, Line 4(VII)  The Colorado commission for the deaf, hard of

• Page 32, Line 5hearing, and deafblind advisory council, as set forth in sections 26-21-104 and 26-21-105 (2) and (5).

• Page 32, Line 6SECTION 17.  In Colorado Revised Statutes, 6-1-707, amend (1)(e)(I)(B) as follows:

• Page 32, Line 76-1-707.  Use of title or degree - deceptive trade practice. (1)  A

• Page 32, Line 8person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 32, Line 9(e) (I)  Claims to be a "sign language interpreter", "interpreter for

• Page 32, Line 10the deaf", "deaf interpreter", "ASL-English interpreter", "American sign

• Page 32, Line 11language (ASL) interpreter", "translator" for sign language,

• Page 32, Line 12"transliterator", "certified sign language interpreter", "certified translator"

• Page 32, Line 13for sign language, "certified interpreter for the deaf", "certified deaf

• Page 32, Line 14interpreter", "certified ASL-English interpreter", "certified American sign

• Page 32, Line 15language (ASL) interpreter", or "certified transliterator", unless the person holds:

• Page 32, Line 16(B)  Any A currently valid certification for sign language

• Page 32, Line 17interpretation that is approved by the Colorado commission division for

• Page 32, Line 18the deaf, hard of hearing, and deafblind pursuant to section 26-21-106 (1)(f).

• Page 32, Line 19SECTION 18.  In Colorado Revised Statutes, amend 13-71-137

• Page 32, Line 20as follows:

• Page 33, Line 113-71-137.  Duties and responsibilities of auxiliary services

• Page 33, Line 2providers for jurors who are deaf, hard of hearing, or deafblind.

• Page 33, Line 3(1)  The court may provide, through the list of available resources

• Page 33, Line 4coordinated through the Colorado commission division for the deaf, hard

• Page 33, Line 5of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified

• Page 33, Line 6provider of auxiliary services, provider, as defined in section 13-90-202

• Page 33, Line 7(8) (3), to assist during a trial a juror who is deaf, hard of hearing, or

• Page 33, Line 8deafblind. In the presence of the jury, the court shall instruct the qualified

• Page 33, Line 9auxiliary services provider to make true and complete translations of all

• Page 33, Line 10court proceedings to the juror who is deaf, hard of hearing, or deafblind to the best of the qualified auxiliary services provider's ability.

• Page 33, Line 11(2)  The qualified interpreter is subject to the same orders and

• Page 33, Line 12admonitions given to the jurors. The court shall permit a qualified

• Page 33, Line 13auxiliary services provider to be present and assist a juror who is deaf,

• Page 33, Line 14hard of hearing, or deafblind during the deliberations of the jury. In the

• Page 33, Line 15presence of the jury, the court shall instruct the qualified auxiliary

• Page 33, Line 16services provider to refrain from participating in any manner in the

• Page 33, Line 17deliberation of the jury and to refrain from having any communications

• Page 33, Line 18with any member of the jury regarding deliberation, except for true and

• Page 33, Line 19complete translations of jurors' remarks made during deliberation. A jury

• Page 33, Line 20verdict reached in the presence of a qualified auxiliary services provider, during deliberation, is valid.

• Page 33, Line 21SECTION 19.  In Colorado Revised Statutes, 13-90-202, amend (8); repeal (4); and add (6.3) and (7.3) as follows:

• Page 33, Line 2213-90-202.  Definitions. As used in this part 2, unless the context otherwise requires:

• Page 33, Line 23(4)  "Commission" means the Colorado commission for the deaf,

• Page 34, Line 1hard of hearing, and deafblind in the department of human services created in section 26-21-104.

• Page 34, Line 2(6.3)  "Division" means the division for the deaf, hard of

• Page 34, Line 3hearing, and deafblind in the department of human services created in section 26-21-106 (1).

• Page 34, Line 4(7.3)  "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

• Page 34, Line 5(8)  "Qualified interpreter" means a person who has a valid

• Page 34, Line 6certification of competency accepted by the commission division and

• Page 34, Line 7includes but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

• Page 34, Line 8SECTION 20.  In Colorado Revised Statutes, amend 13-90-203 as follows:

• Page 34, Line 913-90-203.  Powers and duties of the enterprise - rules. The

• Page 34, Line 10department of human services board of directors of the enterprise

• Page 34, Line 11shall promulgate adopt rules pursuant to article 4 of title 24 C.R.S.,

• Page 34, Line 12which have been proposed by the commission as necessary for the

• Page 34, Line 13implementation of this part 2. The rule-making process shall be open and

• Page 34, Line 14available for input from the public, including but not limited to interpreters and consumers of interpreter services.

• Page 34, Line 15SECTION 21.  In Colorado Revised Statutes, amend 13-90-205 as follows:

• Page 34, Line 1613-90-205.  Coordination of auxiliary services requests. (1)  The

• Page 34, Line 17commission division, in collaboration with the judicial department, shall

• Page 34, Line 18establish, monitor, coordinate, and publish a list of available resources

• Page 34, Line 19regarding communication accessibility for persons individuals who are

• Page 34, Line 20deaf, hard of hearing, or deafblind, including qualified auxiliary services

• Page 35, Line 1providers, for use by an appointing authority pursuant to section

• Page 35, Line 213-90-204. The list must contain the names of private individual

• Page 35, Line 3providers and agencies that secure qualified auxiliary services for assignment.

• Page 35, Line 4(2)  Whenever a qualified auxiliary service is required pursuant to

• Page 35, Line 5section 13-90-204, the appointing authority shall secure the auxiliary

• Page 35, Line 6service through the list of available resources made available and

• Page 35, Line 7coordinated by the commission division in accordance with subsection (1) of this section.

• Page 35, Line 8(3)  The commission division shall provide auxiliary services for

• Page 35, Line 9a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The

• Page 35, Line 10commission division does not have additional responsibilities beyond the

• Page 35, Line 11requirements of subsection (1) of this section for a proceeding described in section 13-90-204 (1)(d) or (1)(f).

• Page 35, Line 12SECTION 22.  In Colorado Revised Statutes, amend 13-90-210 as follows:

• Page 35, Line 1313-90-210.  Compensation.Subject to the appropriations Per the

• Page 35, Line 14funding available to the commission division, a qualified interpreter or

• Page 35, Line 15computer-aided realtime translation reporter auxiliary services

• Page 35, Line 16provider provided pursuant to section 13-90-204 shall be entitled to

• Page 35, Line 17compensation for his or her shall be compensated for their services,

• Page 35, Line 18including waiting time and necessary travel and subsistence expenses.

• Page 35, Line 19The amount of compensation shall be based on a fee schedule for

• Page 35, Line 20qualified interpreters and auxiliary services providers established by the commission division.

• Page 35, Line 21SECTION 23.  In Colorado Revised Statutes, 18-1.3-701, amend

• Page 35, Line 22(1)(c) as follows:

• Page 36, Line 118-1.3-701.  Judgment of costs and fines - definitions.

• Page 36, Line 2(1) (c)  Judgments collected pursuant to this section for fees for auxiliary

• Page 36, Line 3services provided pursuant to section 13-90-204, and reimbursed pursuant

• Page 36, Line 4to section 13-90-210, shall be remitted to the Colorado commission

• Page 36, Line 5division 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 36, Line 6SECTION 24.  In Colorado Revised Statutes, 24-1-120, amend (5)(h); and add (5)(g.5) and (5)(g.7) as follows:

• Page 36, Line 724-1-120.  Department of human services - creation. (5)  The department of human services includes the following:

• Page 36, Line 8(g.5)  The communication services for people with

• Page 36, Line 9disabilities enterprise, created in article 21 of title 26. The

• Page 36, Line 10enterprise is a type 1 entity, as defined in section 24-1-105, and

• Page 36, Line 11exercises its powers and performs its duties and functions under the department.

• Page 36, Line 12(g.7)  The division for the deaf, hard of hearing, and

• Page 36, Line 13deafblind created in article 21 of title 26. The division is a type

• Page 36, Line 142 entity, as defined in section 24-1-105, and exercises its powers and functions under the department.

• Page 36, Line 15(h)  The Colorado commission for the deaf, hard of hearing, and

• Page 36, Line 16deafblind advisory council, created in article 21 of title 26. The

• Page 36, Line 17Colorado commission for the deaf, hard of hearing, and deafblind is a

• Page 36, Line 18type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

• Page 36, Line 19SECTION 25.  In Colorado Revised Statutes, 24-34-104, repeal (32)(a)(XII) as follows:

• Page 36, Line 2024-34-104.  General assembly review of regulatory agencies

• Page 37, Line 1and functions for repeal, continuation, or reestablishment - legislative declaration - repeal.

• Page 37, Line 2(32) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:

• Page 37, Line 3(XII)  The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26;

• Page 37, Line 4SECTION 26.  In Colorado Revised Statutes, 29-2-201, amend as it will become effective July 1, 2025, (8)(e) as follows:

• Page 37, Line 529-2-201.  Definitions. As used in this part 2, unless the context otherwise requires:

• Page 37, Line 6(8)  "Sales or use tax" includes the:

• Page 37, Line 7(e)  Prepaid wireless TRS charge imposed pursuant to section 29-11-102.7 section 40-17-104; and

• Page 37, Line 8SECTION 27.  In Colorado Revised Statutes, 29-2-202, amend as it will become effective July 1, 2025, (1)(b)(V) as follows:

• Page 37, Line 929-2-202.  Applicability. (1)  Except as provided in sections 29-2-209 and 29-2-211, this part 2 applies to:

• Page 37, Line 10(b) (V)  The prepaid wireless TRS charge imposed pursuant to section 29-11-102.7 section 40-17-104; and

• Page 37, Line 11SECTION 28.  In Colorado Revised Statutes, 39-21-119.5, amend (2)(t) as follows:

• Page 37, Line 1239-21-119.5.  Mandatory electronic filing of returns -

• Page 37, Line 13mandatory electronic payment - penalty - waiver - definitions.

• Page 37, Line 14(2)  Except as provided in subsection (6) of this section, the executive

• Page 37, Line 15director may, as specified in subsection (3) of this section, require the

• Page 37, Line 16electronic filing of returns and require the payment of any tax or fee due

• Page 37, Line 17by electronic funds transfer for the following:

• Page 38, Line 1(t)  Any prepaid wireless telecommunications relay service charge

• Page 38, Line 2report required to be filed and payment required to be made pursuant to section 29-11-102.7 (3) section 40-17-104; and

• Page 38, Line 3SECTION 29.  In Colorado Revised Statutes, 40-2-112, amend (1)(a) as follows:

• Page 38, Line 440-2-112.  Computation of fees. (1) (a)  On or before June 1 of

• Page 38, Line 5each year, the executive director of the department of revenue shall

• Page 38, Line 6ascertain the aggregate amount of gross operating revenues of telephone

• Page 38, Line 7corporations and all other public utilities filing returns as provided in

• Page 38, Line 8section 40-2-111. Based on appropriations made by the general assembly,

• Page 38, Line 9the executive director of the department of regulatory agencies shall

• Page 38, Line 10specify, for the telecommunications utility fund, created in section

• Page 38, Line 1140-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,

• Page 38, Line 12created in section 40-2-114 (1)(b)(II), the revenue needed to provide for

• Page 38, Line 13the direct and indirect costs of the supervision and regulation of telephone

• Page 38, Line 14corporations and all other public utilities under the jurisdiction of the

• Page 38, Line 15department of regulatory agencies, excluding the amount of money

• Page 38, Line 16provided as administrative support from the various telecommunications

• Page 38, Line 17programs administered by the commission, including the high cost

• Page 38, Line 18support mechanism, established in section 40-15-208; the 911 surcharge,

• Page 38, Line 19established in section 29-11-102.3; the 988 surcharge, established in

• Page 38, Line 20section 40-17.5-102; and the telecommunications relay service

• Page 38, Line 21telephone disability access surcharge, established in section 40-17-103 section 40-17-102.

• Page 38, Line 22SECTION 30.  Safety clause. The general assembly finds,

• Page 38, Line 23determines, and declares that this act is necessary for the immediate

• Page 38, Line 24preservation of the public peace, health, or safety or for appropriations for

• Page 39, Line 1the support and maintenance of the departments of the state and state institutions.