A Bill for an Act
Page 1, Line 101Concerning communication services for people with
Page 1, Line 102disabilities, and, in connection therewith, creating the
Page 1, Line 103communication services for people with disabilities
Page 1, Line 104enterprise and making and reducing an appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, the state librarian administers the reading services for the blind program by supporting privately operated reading services for individuals who are blind or print-disabled, and the Colorado commission for the deaf, hard of hearing, and deafblind coordinates and advocates for the provision of, and access to, services and resources for individuals who are deaf, hard of hearing, or deafblind (services and resources). Sections 2 through 14 of the bill create the communication services for people with disabilities enterprise (enterprise) to provide these services and resources through imposition of an enterprise fee and administration of the communication services for people with hearing disabilities enterprise cash fund (communication services fund) and the reading services for the blind enterprise cash fund (reading fund).
Section 1 repeals the reading services for the blind function of the state librarian, which function is transferred to the enterprise in section 8.
Telecommunications relay services (TRS) are provided for individuals who are deaf, hard of hearing, or deafblind in the state through a monthly surcharge that wireline voice service providers collect from their telephone customers. Sections 16 and 17 transfer 77% of the money collected from the TRS monthly surcharge to the communication services fund and the reading fund based on the enterprise's imposition of the enterprise fee to finance the services and resources that the enterprise provides.
Sections 15 and 18 through 27 make conforming amendments.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, amend 26-21-101 as follows:
Page 2, Line 326-21-101. Short title. The short title of this article 21 is the
Page 2, Line 4
"Colorado Commission for the Deaf, Hard of Hearing, and DeafblindPage 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) Acommunicationservices for people with disabilities
Page 2, Line 9enterprise, as well as the division and commission, facilitates the
Page 3, Line 1provision of communication services that enable communication
Page 3, Line 2between individuals who are deaf, hard of hearing, and
Page 3, Line 3deafblind or who have speech disabilities and individuals without communication-related disabilities;
Page 3, Line 4(b) Under the federal "Americans with Disabilities Act of
Page 3, Line 51990", 42 U.S.C. sec. 12101 et seq., and its related amendments and
Page 3, Line 6implementing regulations, Colorado has a duty to provide
Page 3, Line 7equivalent access to state government and public
Page 3, Line 8accommodations to people with communication-related
Page 3, Line 9disabilities. This duty requiresthe provision ofauxiliary
Page 3, Line 10services, communications technology equipment,
Page 3, Line 11telecommunications relay services, and other resources to ensure access.
Page 3, Line 12(c) Centralizing and unifying the resources creates a cost
Page 3, Line 13savings for the state, facilitates quality control, and increases
Page 3, Line 14the effectiveness of services, while increasing access to the services for fee payers; and
Page 3, Line 15(d) Communication between fee payers, both fee payers
Page 3, Line 16with communication-related disabilities and those without,
Page 3, Line 17requires telecommunication and electronic technologies and in-person means to meet all communication needs.
Page 3, Line 18(2) The general assembly further finds and declares that:
Page 3, Line 19(a) Thecommunicationservices for people with disabilities
Page 3, Line 20enterprise created in this article 21 provides valuable business services tofee payersby:
Page 3, Line 21(I) Coordinating the provision of, and access to, efficient
Page 3, Line 22and effective services and resources for individuals who have communication needs related to their disabilities, including by:
Page 4, Line 1(A) Establishing and coordinating a communications
Page 4, Line 2technology program to obtain and distribute interactive
Page 4, Line 3telecommunications and other communications technology
Page 4, Line 4equipment needed by individuals who have communication needs
Page 4, Line 5related to theirdisabilities to assist them in communicating with
Page 4, Line 6individuals with and without the same communication-related disabilities;
Page 4, Line 7(B) Establishing and coordinating a telecommunications
Page 4, Line 8relay service program for individuals in the state who are deaf,
Page 4, Line 9hard of hearing, deafblind, or speechdisabled to assist them in
Page 4, Line 10communicating with fee payers with and without communication-related disabilities;
Page 4, Line 11(C) Arranging for qualified auxiliary services for the
Page 4, Line 12state court system and for rural areas of the state for individuals who are deaf, hard of hearing, or deafblind; and
Page 4, Line 13(D) Approving sign language interpreter certifications as
Page 4, Line 14valid and reliable in the state, thereby enabling appropriate
Page 4, Line 15communication access services in relation to the workforce and in commerce; and
Page 4, Line 16(II) Coordinating and supporting the services and
Page 4, Line 17resources described in subsection (2)(a)(I) of this section. The
Page 4, Line 18enterprise and division help facilitate the engagement of
Page 4, Line 19individuals who are deaf, hard of hearing, or deafblind or who
Page 4, Line 20have speech or other communication-related disabilities in the
Page 4, Line 21workforce and in commerce, thus providing benefits to Colorado
Page 4, Line 22businesses andtheir customersthat benefit from the economic
Page 5, Line 1development stimulated by the workforce and commercial engagement.
Page 5, Line 2(b) By providing the services and resources described in
Page 5, Line 3subsection (2)(a) of this section, the enterprise engages in an
Page 5, Line 4activity that is conducted in the pursuit of a benefit, gain, or livelihood;
Page 5, Line 5(c) Consistent with the determination of the Colorado
Page 5, Line 6supreme court in Nicholl v. E-470 Public Highway Authority, 896
Page 5, Line 7P.2d859 (Colo. 1995), that the power to impose taxes is
Page 5, Line 8inconsistent with enterprise status under section 20 of article
Page 5, Line 9X of the state constitution, the general assembly concludes
Page 5, Line 10that the revenue collected by the enterprise is generated by fees, not taxes, because the money credited to the enterprise is:
Page 5, Line 11(I) For the specific purpose of allowing the enterprise to
Page 5, Line 12defray the costs of providing the services and resources described in subsection (2)(a) of this section;
Page 5, Line 13(II) Collected at rates that are reasonablyrelated to
Page 5, Line 14the costs of the services and resources provided by the enterprise; and
Page 5, Line 15(III) So long as the enterprise qualifies as an enterprise
Page 5, Line 16for purposes of section 20 of article X of the state constitution,
Page 5, Line 17notstate fiscal year spending, as defined in section 24-77-102
Page 5, Line 18(17), or state revenues, as defined in section 24-77-103.6 (6)(c),
Page 5, Line 19and does not count against either the state fiscal year spending
Page 5, Line 20limit imposed by section 20 of article X of the state constitution
Page 5, Line 21or the excess state revenues cap, as defined insection 24-77-103.6
Page 5, Line 22(6)(b)(I)(G).
Page 6, Line 1(d) No other enterprise created simultaneously or within
Page 6, Line 2the preceding five years serves primarily the same purpose as the
Page 6, Line 3enterprise, and the enterprise will generate revenue from fees
Page 6, Line 4and surcharges of less than one hundred million dollars total
Page 6, Line 5in its first five fiscal years. Accordingly, the creation of the
Page 6, Line 6enterprise does not require voter approval pursuant to section 24-77-108.
Page 6, Line 7(e) For purposes of the limit set forth in section 24-77-108, the first fiscal year of the enterprise is fiscal year 2024-25.
Page 6, Line 8SECTION 3. In Colorado Revised Statutes, 26-21-103, amend
Page 6, Line 9(3), (4.7)(b), and (4.8) introductory portion;repeal (1); and add (2.3), (3.5), (4.4), (4.5), (4.6), (8.5), (11), and (12) as follows:
Page 6, Line 1026-21-103. Definitions. As used in this article 21, unless the context otherwise requires:
Page 6, Line 11(1)
"Advisory council" means the Colorado deafblind advisoryPage 6, Line 12
council appointed by the commission in accordance with section 26-21-105 (2)(f).Page 6, Line 13(2.3) "Board" means the board of directors of the enterprise appointed pursuant to section 26-21-103.5 (2).
Page 6, Line 14(3) "Commission" means the Colorado commission for the deaf,
Page 6, Line 15hard of hearing, and deafblind advisory council created pursuant to section 26-21-104 (1).
Page 6, Line 16(3.5) "Communication access realtime translation" or
Page 6, Line 17"CART" has the same meaning as "communication access realtime
Page 6, Line 18translation (CART) reporter", as set forth in section 13-90-202 (5).
Page 6, Line 19(4.4) "Division" means the division for the deaf, hard of
Page 7, Line 1hearing, and deafblind created in section 26-21-106within the enterprise.
Page 7, Line 2(4.5) "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.
Page 7, Line 3(4.6) "Fund" means the Colorado division for the deaf,
Page 7, Line 4hard of hearing, and deafblind cash fund created in section 26-21-107.
Page 7, Line 5(4.7) "Intervener" means a person who is at least eighteen years of age and:
Page 7, Line 6(b) Has completed or is enrolled in an intervener training or
Page 7, Line 7certification program
and has obtained an intervener certificate orPage 7, Line 8
provisional intervener certificate that is recognized and accepted by the division;Page 7, Line 9(4.8) "Intervener program manager" means a person who
hasPage 7, Line 10
demonstrated intervener abilities and can proficiently communicate in thePage 7, Line 11
functional language of children who are deafblind is knowledgeablePage 7, Line 12about interveners, the deafblind community, and program management and:
Page 7, Line 13(8.5) "Prepaid telephone disability access charge" or
Page 7, Line 14"charge" means the charge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(III).
Page 7, Line 15(11) "Telecommunications relay services" means any
Page 7, Line 16telecommunications services through a third party that allow
Page 7, Line 17an individual who is deaf, hard of hearing, or deafblind or who
Page 7, Line 18has a speech disability to communicate by any compatible
Page 7, Line 19telecommunications service with one or more individuals in a
Page 7, Line 20manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability.
Page 8, Line 1(12) "Telephone disability access surcharge" or
Page 8, Line 2"surcharge" means the surcharge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(II).
Page 8, Line 3SECTION 4. In Colorado Revised Statutes, add 26-21-103.5 as follows:
Page 8, Line 426-21-103.5. Communication services for people with
Page 8, Line 5disabilities enterprise - created - board of directors - membership -
Page 8, Line 6fees imposed - repeal. (1) (a) The communication services for
Page 8, Line 7people with disabilities enterprise is created in the state department for the business purposes of:
Page 8, Line 8(I) Coordinating the provision of, and access to, efficient
Page 8, Line 9and effective services and resources for individuals who have
Page 8, Line 10communication needs related to their disabilities, including funding the division's duties, as described in section 26-21-106;
Page 8, Line 11(II) Imposing a telephone disability access surcharge on
Page 8, Line 12service users, as defined in section 40-17-101(9),inconsultation
Page 8, Line 13with the public utilities commission, in an amount not to exceed
Page 8, Line 14fifteen cents per month per telephone access line, as defined in
Page 8, Line 15section 40-17-101 (10). The amount of the surcharge shall be
Page 8, Line 16reviewed and may be adjusted once per year. The amount of the
Page 8, Line 17surcharge, in combination with the prepaid telephone disability
Page 8, Line 18access charge, shall be set at a ratereasonably related to the
Page 8, Line 19overall cost of providing the services described in this
Page 8, Line 20subsection(1)(a). The amount of the surcharge imposed per
Page 8, Line 21telephone access line must be uniform, regardless of the
Page 8, Line 22technology used to provide the telephone access line.
Page 9, Line 1(III) Beginning January 1, 2026, imposinga prepaid
Page 9, Line 2telephone disability access charge on each retail transaction,
Page 9, Line 3as defined in section 40-17-101 (6), in an amount to be established
Page 9, Line 4annually by the enterprise, in consultationwith the public
Page 9, Line 5utilities commission, but not to exceed fifteen cents per each
Page 9, Line 6retail transaction in which prepaid wireless service is purchased
Page 9, Line 7in Colorado. The amount of the charge shall be reviewed and
Page 9, Line 8may be adjustedon July 1, 2026, and on each July 1 thereafter.
Page 9, Line 9The enterprise shall notify the department of revenue of any
Page 9, Line 10change made to the amount of the charge no later than May 15
Page 9, Line 11of the year preceding the year in which the amount change will
Page 9, Line 12become effective.The amount of the charge, in combination with
Page 9, Line 13the telephone disability access surcharge, shall be set at a rate
Page 9, Line 14reasonably related to the overall cost of providing the servicesdescribed in this subsection (1)(a).
Page 9, Line 15(IV) Inconsultationwith the public utilities commission
Page 9, Line 16and the department of education, once per year,if needed,
Page 9, Line 17adjusting the percentage of the telephone disability access
Page 9, Line 18surcharge and the prepaid telephone disability access charge to
Page 9, Line 19be used for the Colorado division for the deaf, hard of hearing,
Page 9, Line 20and deafblind cash fund and the reading services for the blind
Page 9, Line 21cash fund created in section 24-90-105.5 and by the state
Page 9, Line 22librarian for the talking book library within the department of education.
Page 9, Line 23(b) The enterprise constitutes an enterprise for purposes
Page 9, Line 24of section 20 of article X of the state constitution, so long as
Page 9, Line 25the enterprise retains the authority to issue revenue bonds and
Page 10, Line 1receives less than ten percent of its total annual revenue in
Page 10, Line 2grants from all Colorado state and local governments
Page 10, Line 3combined. So long as it constitutes an enterprise pursuant to
Page 10, Line 4this subsection (1)(b), the enterprise is not subject to section 20 of article X of the state constitution.
Page 10, Line 5(c) Theboardshall administer the enterprise in accordance with this section.
Page 10, Line 6(d) The enterprise may issue revenue bonds to pay for the
Page 10, Line 7expenses of the enterprise, which bonds are secured by revenue of the enterprise.
Page 10, Line 8(e) The enterprise may engage the services of contractors
Page 10, Line 9and consultants for professional and technical assistance and
Page 10, Line 10to supply other services related to the conduct of the affairs of
Page 10, Line 11the enterprise, without regard to the "Procurement Code",
Page 10, Line 12articles 101 to 112 of title 24. The enterprise shall engage the
Page 10, Line 13attorney general's office for legal services. The state
Page 10, Line 14department may provide office space and staff to the enterprise
Page 10, Line 15pursuant to a fair market rate contract entered into pursuant to this subsection (1)(e).
Page 10, Line 16(f) The enterprise shall not increase the amounts of the
Page 10, Line 17telephone disability access surcharge or the prepaid telephone
Page 10, Line 18disability access charge in an amount that causes the
Page 10, Line 19cumulatively collected fees to exceed one hundred million dollars in the first five years of the enterprise's existence.
Page 10, Line 20(2) (a) (I) The enterprise shall be governed by a board of
Page 10, Line 21directors appointed by the governor.The board must not exceed
Page 10, Line 22seven members and must always consist of an odd number of members.
Page 11, Line 1(II) Members of the board serve three-year terms; except
Page 11, Line 2that the terms shall be staggered so that no more than three
Page 11, Line 3members' terms expire in the same year. The governor shall not appoint a member for more than two consecutive terms.
Page 11, Line 4(III) Board members do not receive compensation for
Page 11, Line 5performing official duties of the board but may receive a per
Page 11, Line 6diem or reimbursement for travel and other reasonable and
Page 11, Line 7necessary expenses for performing official duties of the board. The per diem or reimbursement is paid from the fund.
Page 11, Line 8(b) (I) The governor shall appoint members of the board on or before June 30, 2025.
Page 11, Line 9(II) This subsection (2)(b) is repealed, effective July 1, 2026.
Page 11, Line 10(c) (I) The governor shall call the first meeting of the board on or before October 1, 2025.
Page 11, Line 11(II) This subsection (2)(c) is repealed, effective July 1, 2026.
Page 11, Line 12SECTION 5. In Colorado Revised Statutes, 26-21-104, amend (1); and add (5) as follows:
Page 11, Line 1326-21-104. Commission created - appointments - repeal.
Page 11, Line 14(1) The Colorado commission for the deaf, hard of hearing, and
Page 11, Line 15deafblind advisory council iscreated in the state department.
ofPage 11, Line 16
human services. The division is under the jurisdiction of thePage 11, Line 17communication services for people with disabilities enterprise.
Page 11, Line 18The commission
is a type 2 entity, as defined in section 24-1-105, andPage 11, Line 19exercises its powers and performs its duties and functions under the
Page 11, Line 20state department.
of human services. The division and commissionPage 11, Line 21shall advise the enterprise and state agencies regarding the
Page 12, Line 1provision of services and resources for the deaf, hard-of-hearing, and deafblind community.
Page 12, Line 2(5) This section is repealed, effective September 1, 2031.
Page 12, Line 3Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.
Page 12, Line 4SECTION 6. In Colorado Revised Statutes, 26-21-105, amend (1); repeal (2)(f); and add (2)(g) and (5) as follows:
Page 12, Line 526-21-105. Appointment of division director - division
Page 12, Line 6procedures - commission's advisory role - repeal. (1) The executive
Page 12, Line 7director
of the department of human services or the executive director'sPage 12, Line 8designee shall appoint a director of the
commission division. ThePage 12, Line 9
executive director of the department commission shall provide comment and inputto the commission on the hiring of the division director.Page 12, Line 10(2) (f)
(I) There is created the Colorado deafblind advisory council consisting of seven members.Page 12, Line 11
(II) The advisory council shall advise the commission, state andPage 12, Line 12
local governments, and other relevant entities on how to increasePage 12, Line 13
competitive integrated employment as defined in section 8-84-301,Page 12, Line 14
enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.Page 12, Line 15
(III) The commission shall appoint initial members to the advisoryPage 12, Line 16
council by July 1, 2019. The commission shall designate four membersPage 12, Line 17
to serve an initial four-year term and three members to serve an initialPage 12, Line 18
six-year term. After the initial terms, all subsequent appointees servePage 12, Line 19
four-year terms. The commission shall appoint a qualified person to fillPage 12, Line 20
any vacancy on the advisory council for the remainder of any unexpiredPage 12, Line 21
term. The advisory council has the following appointees:(A) One member who is deaf and blind;Page 13, Line 1
(B) One member who is deaf and low vision;(C) One member who is hard of hearing and blind;Page 13, Line 2
(D) One member who is hard of hearing and low vision;(E) One member who is latent deafblind;Page 13, Line 3
(F) One member who is a professional working with the deafblind community; andPage 13, Line 4
(G) One member who is a parent of a deafblind child.Page 13, Line 5(g) The commission shall advise the division on its functions and duties as set forth in section 26-21-106.
Page 13, Line 6(5) Subsection (2) of this section and this subsection (5)
Page 13, Line 7are repealed, effective September 1, 2031. Before the repeal,
Page 13, Line 8subsection (2) of this section and this subsection (5) are scheduled for review in accordance with section 2-3-1203.
Page 13, Line 9SECTION 7. In Colorado Revised Statutes, 26-21-106, amend
Page 13, Line 10(1) introductory portion, (1)(d), (1)(e) introductory portion, (1)(e)(I),
Page 13, Line 11(1)(e)(II), (1)(f), (2), (3), (4) introductory portion, (4)(g)(II) introductory
Page 13, Line 12portion, (4)(g)(II)(B), (6), (7) introductory portion, (7)(a), (7)(b), (8)
Page 13, Line 13introductory portion, (8.5), (9)(a) introductory portion, (9)(a)(VIII),
Page 13, Line 14(9)(b), and (9)(c)(I); repeal (9)(a)(IX); and add (1)(g), (1.5), and (1.7) as follows:
Page 13, Line 1526-21-106. Division for the deaf, hard of hearing, and
Page 13, Line 16deafblind - creation - powers, functions, and duties - programs -
Page 13, Line 17report - rules - definitions. (1) The division for the deaf, hard of
Page 13, Line 18hearing, and deafblind is created in thecommunication services
Page 13, Line 19for people with disabilities enterprise.The powers, functions, and
Page 13, Line 20duties of the
commission division include:Page 14, Line 1(d) Assessing how communications technology has affected the
Page 14, Line 2needs of the deaf, hard of hearing, and deafblind,
The commission shallPage 14, Line 3
assess including the type and amount of equipment needed by the deaf,Page 14, Line 4hard-of-hearing, and deafblind
persons community andPage 14, Line 5speech-disabled individuals who qualify under the federal poverty
Page 14, Line 6guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42. U.S.C. 9902 (2);
Page 14, Line 7(e) Assessing the needs of the deaf, hard-of-hearing, and
Page 14, Line 8deafblind community and reporting annually to the governor and the
Page 14, Line 9general assembly any recommendations for legislation
or andPage 14, Line 10administrative changes that may facilitate or streamline the provision of
Page 14, Line 11
general government services to individuals who are deaf, hard ofPage 14, Line 12hearing,
and or deafblind. Notwithstanding section 24-1-136 (11)(a)(I),Page 14, Line 13on or before September 1 of each year, the
commission must divisionPage 14, Line 14shall file the report required by this subsection (1)(e). In preparing the
Page 14, Line 15annual report and recommendations, the
commission division shall consider the following:Page 14, Line 16(I) Whether any existing statutory or administrative provisions
Page 14, Line 17impede the ability of the
commission division to act as a statewidePage 14, Line 18coordinating agency advocating for individuals who are deaf, hard of hearing,
and or deafblindindividuals in Colorado; andPage 14, Line 19(II) Any methods, programs, or policies that may improve
Page 14, Line 20communication and environmental accessibility and quality of existing
Page 14, Line 21services, promote or deliver necessary new services, and assist state
Page 14, Line 22agencies in the delivery of services to deaf, hard-of-hearing, and deafblind individuals;
Page 14, Line 23(f) Approving
an entity's certification of a sign languagePage 15, Line 1
interpreters interpreter's certifications as valid and reliable in accordance with section 6-1-707 (1)(e)(I)(B); andPage 15, Line 2(g) Coordinating the provision of a telecommunications
Page 15, Line 3relay service program for individuals in the state who are deaf,
Page 15, Line 4hard of hearing, or deafblind or speech-disabled. In doing so, this service shall:
Page 15, Line 5(I) Conform with section 401 of the federal "Americans
Page 15, Line 6with Disabilities Act of 1990", 47 U.S.C. sec. 225, including the
Page 15, Line 7provision for state application to the federal communications commission for certification;
Page 15, Line 8(II) Meet or exceed all operational, technical, and
Page 15, Line 9functional minimum standards in federal communications
Page 15, Line 10commission regulations governing telecommunication relay services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.
Page 15, Line 11(1.5) (a) On and after June 30, 2025, the rights, powers,
Page 15, Line 12duties, and functions regarding the telecommunications relay
Page 15, Line 13services vested in the public utilities commission prior to that
Page 15, Line 14date are transferred from the public utilities commission to the
Page 15, Line 15division for the division to perform the functions described in subsection (1)(g) of this section.
Page 15, Line 16(b) (I) On and after June 30, 2025, whenever any provision
Page 15, Line 17of law refers to the public utilities commission in connection
Page 15, Line 18with the functions transferred to the division pursuant to this
Page 15, Line 19subsection (1.5), the law shall be construed as referring to the division.
Page 15, Line 20(II) Any contract entered into by the public utilities
Page 15, Line 21commission prior to June 30, 2025, in connection with the
Page 16, Line 1functions transferred to the division pursuant to this
Page 16, Line 2subsection (1.5) is validated, with the division succeeding to all rights and obligations under the contract.
Page 16, Line 3(III) On and after June 30, 2025, the division shall satisfy
Page 16, Line 4any obligations incurred by the public utilities commission, but
Page 16, Line 5not yet paid, in connection with the functions transferred to the division pursuant to this subsection (1.5).
Page 16, Line 6(1.7) Pursuant to a contract entered into between the
Page 16, Line 7division director and the board and without regard to the
Page 16, Line 8"Procurement Code", articles 101 to 112 of title 24, the division
Page 16, Line 9shall provide administrative, professional, and technical staff
Page 16, Line 10to assist the board with the conduct of the affairs of the enterprise.
Page 16, Line 11(2) The
commission division shall consider the findings of anyPage 16, Line 12study authorized under this section and may approve, disapprove, or
Page 16, Line 13amend the findings. After consideration of the findings, the
commissionPage 16, Line 14division shall submit a report with recommendations, including proposed
Page 16, Line 15legislation, if necessary, to the governor and to the general assembly. The
Page 16, Line 16
commission division shall submit the report annually, notwithstandingPage 16, Line 17section 24-1-136 (11)(a)(I), and may combine the report with, or include
Page 16, Line 18the report as a part of, the annual report prepared under subsection (1)(e) of this section.
Page 16, Line 19(3) The
commission division shall establish and coordinate aPage 16, Line 20communications technology program that is consistent with the findings
Page 16, Line 21of subsection (1) of this section to obtain and distribute interactive
Page 16, Line 22telecommunications and other communications technology equipment
Page 16, Line 23needed by individuals who are deaf, hard of hearing,
and or deafblindpersons or speech-disabled.Page 17, Line 1(4) The
commission division, in collaboration with the judicialPage 17, Line 2department, shall arrange for auxiliary services for deaf,
Page 17, Line 3hard-of-hearing, and deafblind individuals for the state court system. Arranging auxiliary services for the state court system includes:
Page 17, Line 4(g) (II)
For the purposes of As used in this subsection (4)(g):Page 17, Line 5(B) "Qualified interpreter" means
a person an individual whoPage 17, Line 6has a valid certification of competency accepted by the
commissionPage 17, Line 7division and includes
but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.Page 17, Line 8(6) The
commission division shall establish and maintainPage 17, Line 9outreach and consulting services to improve and ensure effective access
Page 17, Line 10to auxiliary services by critical state and local government agencies,
Page 17, Line 11private agencies, and other entities. The
commission division shall alsoPage 17, Line 12use these services to increase awareness of the programs
funded by thePage 17, Line 13
Colorado telephone users with disabilities fund established pursuant toPage 17, Line 14
section 40-17-104 that the division funds and administers for the public.Page 17, Line 15(7) The
commission's division's outreach and consulting services include the following duties:Page 17, Line 16(a) Provide resources to deaf, hard-of-hearing, and deafblind
Page 17, Line 17individuals who have encountered barriers to obtaining necessary services;
Page 17, Line 18(b) Assist deaf, hard-of-hearing, and deafblind individuals in understanding and accessing services that may be available to them;
Page 17, Line 19(8) The
commission division shall maintain a community accessPage 17, Line 20program for one-on-one system navigating services to ensure resources
Page 18, Line 1are available to deaf, hard-of-hearing, and deafblind individuals and
Page 18, Line 2to protect each
person's individual's right to effective communicationPage 18, Line 3and access to environmental information. The community access program must include the following:
Page 18, Line 4(8.5) Community intervener program. (a)
On or before OctoberPage 18, Line 5
1, 2023, the commission The division shall establish a family andPage 18, Line 6community intervener program. The family and community intervener
Page 18, Line 7program shall work with children and adults who are deafblind with
Page 18, Line 8additional cognitive disabilities tofacilitate critical connections
Page 18, Line 9between the
child individual and thechild's individual's family,Page 18, Line 10community, and environment. The family and community intervener
Page 18, Line 11program must include
but need not be limited to, access to a family andPage 18, Line 12community intervener with specific training in deafblindness, strategies
Page 18, Line 13to build language and communication skills, and intervention strategies. The intervener shall:
Page 18, Line 14(I) Work one-on-one with
a child an individual who is deafblindPage 18, Line 15in order to facilitate critical connections between the
child individual andthe child's their community, family, and environment;Page 18, Line 16(II) Open channels of communication between the
childPage 18, Line 17individuals and others through an individualized and multimodal approach;
Page 18, Line 18
(III) Facilitate the development or use of receptive and expressive communication skills by the child;Page 18, Line 19
(IV) (III) Develop and maintain a trusting, interactive relationshipPage 18, Line 20with the
child individual that promotes social and emotional well-being; andPage 18, Line 21
(V) (IV) Provide thechild individual with opportunities for learning and development in the community and at home.Page 19, Line 1(b) The
commission division shall hirean a family andPage 19, Line 2community intervener program manager to direct services forchildren
Page 19, Line 3and adultswho are deafblind with additional cognitive
Page 19, Line 4disabilities, physical disabilities, or both and ensure that an intervener:
Page 19, Line 5(I)
Works Provides individualized services, working with no more than onechild individual at a given time;Page 19, Line 6(II) Instructs and supports the
child individual in skills related to community involvement;Page 19, Line 7
(III) Transports the child to gain access to community services and resources;Page 19, Line 8
(IV) (III) Provides communication and information to thechildPage 19, Line 9individual concerning the
child's individual's environment that otherwise would be available through vision and hearing; andPage 19, Line 10
(V) Uses interpersonal communication, including sign language,Page 19, Line 11
speech, tangible communication symbols, gestures, calendars, and augmentative communication devices;Page 19, Line 12
(VI) Makes sights, sounds, and activities accessible to the child by learning the child's specific communication system; andPage 19, Line 13
(VII) (IV) Forms a working alliance with the deafblindchild'sPage 19, Line 14individual's family members, neighbors, community organizations, and professionals with whom the
child individual has contact.Page 19, Line 15(c) The intervener program manager shall
document the followingPage 19, Line 16
outcomes for intervener services in the child's record: annually assessPage 19, Line 17the effectiveness of intervener services for each individual. In
Page 19, Line 18addition, the intervener program manager shall, as appropriate, collaborate with other entities that provide related services.
Page 20, Line 1
(I) Whether the child is effectively communicating wants and needs to the child's intervener; andPage 20, Line 2
(II) Whether the child is actively participating in community activities and activities of daily living to the extent of the child's ability.Page 20, Line 3
(d) The intervener program manager and intervener shallPage 20, Line 4
collaborate with other state agencies as appropriate that provide direct orPage 20, Line 5
indirect services to children who are deafblind and their families toPage 20, Line 6
identify potential additional services or opportunities for children who are deafblind.Page 20, Line 7(9) (a) The
commission division shall arrange for the provisionPage 20, Line 8of auxiliary services in rural areas of the state by performing the following functions:
Page 20, Line 9(VIII) Establishing, monitoring, and publishing on the
Page 20, Line 10commission's public website a list of available CART providers and
Page 20, Line 11qualified interpreters, as defined in subsections (4)(g)(II)(A) and
Page 20, Line 12(4)(g)(II)(B) of this section, respectively, who are willing to work in rural
Page 20, Line 13areas for
persons individuals who are deaf, hard of hearing, or deafblind; andPage 20, Line 14(IX)
Creating an advisory council to make recommendations toPage 20, Line 15
the commission about the provision of auxiliary services in rural areas; andPage 20, Line 16(b) The
executive director board shallpromulgate adopt rulesPage 20, Line 17in consultationwith
or as proposed by, thecommission division, withPage 20, Line 18input from the commission and the deaf, hard of hearing, and deafblind
Page 20, Line 19community, regarding implementation of this subsection (9). The rules
Page 20, Line 20must define the term "rural area".
Page 21, Line 1(c) (I) On or before November 1, 2022, and on or before
Page 21, Line 2November 1 of each year thereafter, the
commission division shallPage 21, Line 3submit a report to the joint budget committee summarizing the
Page 21, Line 4
commission's division's implementation of the program described in this subsection (9) over the previous twelve months.Page 21, Line 5SECTION 8. In Colorado Revised Statutes, 26-21-107, amend (1) as follows:
Page 21, Line 626-21-107. Colorado division for the deaf, hard of hearing,
Page 21, Line 7and deafblind cash fund - creation - gifts, grants, and donations -
Page 21, Line 8reimbursement. (1) (a) There is
hereby created in the state treasury thePage 21, Line 9Colorado
commission division for the deaf, hard of hearing, andPage 21, Line 10deafblind cash fund. All money credited to the fund must, pursuant to
Page 21, Line 11section 26-21-103.5 (1)(a)(IV), be used exclusively for the
Page 21, Line 12administration and discharge of the duties of the enterprise,
Page 21, Line 13commission members, and division staff under this article 21. All
Page 21, Line 14unexpended and unencumbered money remaining in the fund at
Page 21, Line 15the end of a fiscal year and allmoney credited to the fund and any
Page 21, Line 16interest earned from the investment of money in the fund remains in the
Page 21, Line 17fund and does not revert to the general fund or any other fund at the end of any fiscal year.
Page 21, Line 18(b) Subject to annual appropriation from the general
Page 21, Line 19assembly, the enterprise may expend money from the Colorado
Page 21, Line 20division for the deaf, hard of hearing, and deafblind cash fund
Page 21, Line 21for the purposes set forth in section 26-21-103.5 and to pay the enterprise's reasonable and necessary operating expenses
Page 21, Line 22.SECTION 9. In Colorado Revised Statutes, 26-21-107.5, amend
Page 21, Line 23(1), (2), and (7) as follows:
Page 22, Line 126-21-107.5. Colorado division for the deaf, hard of hearing,
Page 22, Line 2and deafblind grant program - creation - standards - applications -
Page 22, Line 3definition. (1) The Colorado
commission division for the deaf, hard ofPage 22, Line 4hearing, and deafblind grant program is
hereby established to providePage 22, Line 5funding for entities to
address improve communication between feePage 22, Line 6payers by addressing the needs of
Colorado's individuals whoaredeaf,hard-of-hearing, or hard of hearing, and deafblind.individuals.Page 22, Line 7(2) (a) The Colorado
commission division for the deaf, hard ofPage 22, Line 8hearing, and deafblind grant program committee appointed pursuant to
Page 22, Line 9section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.
Page 22, Line 10(b) The
commission division shall pay the grants awardedPage 22, Line 11through the grant program from money appropriated by the general assembly.
Page 22, Line 12(c) Subject to available money, the general assembly shall
Page 22, Line 13appropriate to the
commission division no more than fifty thousand dollars annually to administer the grant program.Page 22, Line 14(7) Grantees shall comply with reporting requirements established by the
commission division.Page 22, Line 15SECTION 10. In Colorado Revised Statutes, 26-21-107.7,
Page 22, Line 16amend (1)(a.5)(I), (1)(a.5)(II) introductory portion, (1)(c), (1)(d), (1)(e), (2), and (3); and repeal (1)(a.5)(III) as follows:
Page 22, Line 1726-21-107.7. Colorado division for the deaf, hard of hearing,
Page 22, Line 18and deafblind grant program committee - creation - members - duties
Page 22, Line 19- reimbursement for expenses. (1) (a.5) (I) There is
hereby created thePage 22, Line 20Colorado
commission division for the deaf, hard of hearing, andPage 22, Line 21deafblind grant program committee, referred to in this section as the
Page 23, Line 1"committee", consisting of five members, for the purpose of
Page 23, Line 2recommending to the
commission division approval or disapproval of applications for the grant program.Page 23, Line 3(II) The
commission division shall appoint four members to the committee as follows:Page 23, Line 4(III)
This subsection (1)(a.5) is effective September 1, 2018, andPage 23, Line 5
applies to appointments to the committee on or after September 1, 2018.Page 23, Line 6
All initial appointments in accordance with this subsection (1)(a.5) must be made by September 30, 2018.Page 23, Line 7(c) In appointing members to the committee, the
commissionPage 23, Line 8division shall choose
persons individuals who have knowledge andPage 23, Line 9awareness of innovative strategies that address challenges faced by the
Page 23, Line 10deaf, hard-of-hearing, and deafblind
community and speech-disabled communities.Page 23, Line 11(d) The appointed members of the committee shall serve
Page 23, Line 12three-year terms.
except that, of the members first appointed, one of thePage 23, Line 13
members shall serve a two-year term and two of the members shall servePage 23, Line 14
one-year terms. The commission shall choose those members who shallPage 23, Line 15
serve the initial shortened terms. If a vacancy arises in one of thePage 23, Line 16appointed positions, the
commission division shall appoint a replacement to fill the vacancy for the remainder of the term.Page 23, Line 17(e) Members of the committee are entitled to be reimbursed
outPage 23, Line 18
of available appropriations for all actual and necessary expenses incurred in the performance of their duties.Page 23, Line 19(2) The committee shall review all applications received pursuant
Page 23, Line 20to section 26-21-107.5. Based on criteria established by the
commissionPage 23, Line 21division, the committee shall recommend to the
commission divisionPage 24, Line 1those applications to approve, with recommended grant amounts, and those to disapprove.
Page 24, Line 2(3) The
commission division shall review and may follow thePage 24, Line 3recommendations of the committee for approval or disapproval of
Page 24, Line 4applications for the grant program and for grant amounts. If the
Page 24, Line 5
commission division disagrees with the recommendations of thePage 24, Line 6committee, the
executive director of thedepartment shall have divisionPage 24, Line 7has final decision-making authority to approve or disapprove the applications and to set the grant amounts.
Page 24, Line 8SECTION 11. In Colorado Revised Statutes, add 26-21-107.9 as follows:
Page 24, Line 926-21-107.9. Rules.The board may adopt rules as necessary to implement this article 21.
Page 24, Line 10SECTION 12. In Colorado Revised Statutes, repeal 26-21-108 as follows:
Page 24, Line 1126-21-108. Repeal of article - sunset review.
(1) This article 21 is repealed, effective September 1, 2031.Page 24, Line 12
(2) Prior to the repeal, the commission shall be reviewed as provided for in section 24-34-104, C.R.S.Page 24, Line 13SECTION 13. In Colorado Revised Statutes, 24-90-105.5, amend (5) as follows:
Page 24, Line 1424-90-105.5. Literacy support services for persons who are
Page 24, Line 15blind or print-disabled - authority of state librarian - fund. (5) The
Page 24, Line 16general assembly recognizes the importance of privately operated reading
Page 24, Line 17services to enable persons who are blind or print-disabled to gain access
Page 24, Line 18to otherwise inaccessible print materials. The state librarian has the
Page 24, Line 19authority to administer money in the reading services for the blind cash
Page 25, Line 1fund, which fund is created in the state treasury, pursuant to section
Page 25, Line 226-21-103.5 (1)(a)(IV), for the support of privately operated reading
Page 25, Line 3services. The fund consists of any public or private money transferred,
Page 25, Line 4appropriated, or otherwise credited to the fund. All money credited to the
Page 25, Line 5fund and all interest earned on the investment of money in the fund is a
Page 25, Line 6part of the fund and must not be transferred or credited to the general
Page 25, Line 7fund or to any other fund except as directed by the general assembly
Page 25, Line 8acting by bill. The general assembly shall make annual appropriations
Page 25, Line 9from the reading services for the blind cash fund to the state librarian to carry out the purposes of this section.
Page 25, Line 10SECTION 14. In Colorado Revised Statutes, 29-11-102.7, amend (2)(a); and add (6) as follows:
Page 25, Line 1129-11-102.7. Imposition of telecommunications relay service
Page 25, Line 12surcharge on prepaid wireless - rules - definitions - repeal.
Page 25, Line 13(2) (a) For retail transactions made prior to January 1, 2026, a
Page 25, Line 14prepaid wireless TRS charge of one-tenth of one percent of the price of the retail transaction is hereby imposed on each retail transaction.
Page 25, Line 15(6) This section is repealed, effective July 1, 2028.
Page 25, Line 16SECTION 15. In Colorado Revised Statutes, repeal and reenact, with amendments, article 17 of title 40 as follows:
Page 25, Line 17ARTICLE 17
Telephone Disability Access
Page 25, Line 1840-17-101. Definitions.As used in this article 17, unless the context otherwise requires:
Page 25, Line 19(1) "Commission" means the public utilities commission created in section 40-2-101.
Page 25, Line 20(2) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.
Page 26, Line 1(3) "Department" means the department of revenue.
Page 26, Line 2(4) "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.
Page 26, Line 3(5) "Prepaid telephone disability access charge" or
Page 26, Line 4"charge" means the charge imposed by the communication
Page 26, Line 5services for people with disabilities enterprise pursuant to section 26-21-103.5 (1)(a)(III).
Page 26, Line 6(6) "Retail transaction" means the purchase of prepaid
Page 26, Line 7wireless telecommunications service from a seller for any purpose other than resale.
Page 26, Line 8(7) "Seller" means a person that sells prepaid wireless telecommunications services to another person.
Page 26, Line 9(8) "Service supplier" means a person providingvoice
Page 26, Line 10telephone access lines to any service user in the state, either directly or by resale.
Page 26, Line 11(9) "Service user" means a person that is provided avoicetelephone access line in the state.
Page 26, Line 12(10) "Telephone access line" means a voice grade channel
Page 26, Line 13or its equivalent assigned to a residential or commercial end
Page 26, Line 14user customer by a service supplier, regardless of the technology used to provide the service.
Page 26, Line 15(11) "Telephone disability access surcharge" or
Page 26, Line 16"surcharge" means the surcharge imposed by the communication
Page 26, Line 17services for people with disabilities enterprise pursuant to section 26-21-103.5 (1)(a)(II).
Page 26, Line 1840-17-102. Telephone disability access surcharges collected for
Page 27, Line 1the enterprise -Colorado telephone users with disabilities fund -
Page 27, Line 2created -remittance - rules. (1) The commission shall collect, on
Page 27, Line 3behalf of the communication services for people with disabilities
Page 27, Line 4enterprise, the telephone disability access surcharge to fund
Page 27, Line 5the enterprise. The commission shall collaborate with the
Page 27, Line 6enterprise to establish the amount of the surcharge once per year.
Page 27, Line 7(2) (a) Each service supplier shall collect the surcharge
Page 27, Line 8from its service users. The surcharge is the liability of the
Page 27, Line 9service user and not of the service supplier; except that the
Page 27, Line 10service supplier is liable to remit all surcharges that the service supplier collects from service users.
Page 27, Line 11(b) The surcharge shall be listed as a separate item that appears on a service user's monthly billing statement.
Page 27, Line 12(3) (a) The service supplier shall remit the collected
Page 27, Line 13surcharges to the commission on a monthly basis in a manner
Page 27, Line 14established by the commission. The commission shall establish
Page 27, Line 15remittance procedures by rule. A service supplier is subject to
Page 27, Line 16the penalties and procedures set forth in section 40-17-103 for
Page 27, Line 17the failure to collect or correctly remit a surcharge in accordance with this section.
Page 27, Line 18(b) A service supplier may deduct and retain one percent
Page 27, Line 19of the surcharges that are collected by the service supplier from its service users.
Page 27, Line 20(c) (I) The state treasurer shall credit the surcharge
Page 27, Line 21collections remitted to the commission pursuant to subsection
Page 27, Line 22(3)(a) of this section to the Colorado division for the deaf, hard
Page 28, Line 1of hearing, and deafblind cash fund created in section 26-21-107
Page 28, Line 2(1). Any surcharge transmitted to the state treasurer that is
Page 28, Line 3collected on behalf of the enterprise is excluded from state fiscal year spending.
Page 28, Line 4(II) The commission may retain up to four percent of the
Page 28, Line 5collected surcharges necessary to reimburse the commission for
Page 28, Line 6its direct and indirect costs of administering the collection and
Page 28, Line 7remittance of surcharges for the enterprise, including costs
Page 28, Line 8related to conducting audits of service suppliers in accordance
Page 28, Line 9with section 40-17-103.Money that the commission retains
Page 28, Line 10pursuant to this subsection (3)(c)(II) shall be credited to the
Page 28, Line 11Colorado telephone users with disabilities fund, which fund is
Page 28, Line 12created in the state treasury. The fund consists of money
Page 28, Line 13credited to the fund pursuant to this subsection (3)(c)(II) and
Page 28, Line 14any other money that the general assembly may appropriate or
Page 28, Line 15transfer to the fund. The state treasurer shall credit all
Page 28, Line 16interest and income derived from the deposit and investment of
Page 28, Line 17money in the Colorado telephone users with disabilities fund to the fund.
Page 28, Line 18(4) The surcharge imposed by the enterprise pursuant to
Page 28, Line 19section 26-21-103.5 (1)(a)(II) is the only direct communication
Page 28, Line 20services for people with disabilities funding obligation imposed
Page 28, Line 21upon service users in the state. No tax, fee, surcharge, or other
Page 28, Line 22charge to fund the enterprise is imposed by the state, any
Page 28, Line 23political subdivision of the state, or any intergovernmental
Page 28, Line 24agency upon a seller or consumer with respect to the sale,
Page 28, Line 25purchase, use, or provision of a telephone access line in the state.
Page 29, Line 1(5) This section does not apply to prepaid wireless telecommunications services.
Page 29, Line 2(6) The telephone disability access surcharge shall not be
Page 29, Line 3imposed on the service supplier or the service users with respect to federally supported lifeline service.
Page 29, Line 440-17-103. Service supplier obligations - penalties - audits -
Page 29, Line 5rules. (1) Every service supplier shall collect the telephone disability access surcharge from its service users.
Page 29, Line 6(2) A service supplier is liable only for the surcharge
Page 29, Line 7collected pursuant to this article 17 until the surcharge is
Page 29, Line 8remitted to the commission. The amount remitted by the service
Page 29, Line 9supplier must reflect the actual collections based on the actual telephone access line billed.
Page 29, Line 10(3) A service supplier shall remit the surcharge in
Page 29, Line 11accordance with section 40-17-102 and rules adopted by the commission.
Page 29, Line 12(4) (a) The service supplier shall maintain a record of the
Page 29, Line 13amount of each surcharge collected and remitted by the service
Page 29, Line 14user address for a period of three years after the time the charge is collected and remitted.
Page 29, Line 15(b) If a service supplier fails to timely file a report and
Page 29, Line 16remit the surcharge as required by this section, or if a service
Page 29, Line 17supplier files an incorrect report or fails to remit the correct
Page 29, Line 18amount, the commission shall estimate the amount of the
Page 29, Line 19remittance due for the period or periods for which the service
Page 29, Line 20supplier is delinquent. The commission shall make the estimate
Page 30, Line 1based on the information available. The commission shall
Page 30, Line 2compute and assess a penalty equal to fifteen percent of the
Page 30, Line 3estimate of the delinquent amount and shall assess interest on
Page 30, Line 4the delinquent charges at the rate of one percent each month from the date when due until the date paid.
Page 30, Line 5(c) Except as provided in this section and unless such time
Page 30, Line 6is extended by agreement pursuant to subsection (4)(d) of this
Page 30, Line 7section, the amount of a delinquent remittance and the penalty
Page 30, Line 8and interest owed pursuant to subsection (4)(b) of this section,
Page 30, Line 9other than interest accruing thereafter, shall be assessed
Page 30, Line 10within three years after the date the incorrect report was filed
Page 30, Line 11or the delinquent report was to be filed. The commission shall
Page 30, Line 12not file a notice of lien, issue a distraint warrant, institute a
Page 30, Line 13suit for collection, or take other action to collect the amount
Page 30, Line 14after the expiration of such period unless the commission issues
Page 30, Line 15a notice of assessment for the amount within such period or
Page 30, Line 16within an extended period pursuant to subsection (4)(d) of this section.
Page 30, Line 17(d) If, before the expiration of the time prescribed for the
Page 30, Line 18assessment of delinquent amounts in subsection (4)(c) of this
Page 30, Line 19section, the commission and the service supplier consent in
Page 30, Line 20writing to an assessment after such time, the amount
Page 30, Line 21calculated in accordance with subsection (4)(b) of this section
Page 30, Line 22may be assessed at any time prior to the expiration of the period
Page 30, Line 23agreed upon. The period agreed upon may be extended by
Page 30, Line 24subsequent agreements in writing made before the expiration of
Page 30, Line 25the period previously agreed upon. The commission may file a lien
Page 31, Line 1against the property of the service supplier for up to one year
Page 31, Line 2after the expiration of any such period, unless otherwise specifically provided in this article 17.
Page 31, Line 3(e) The commission may conduct an audit of a service
Page 31, Line 4supplier's books and records concerning the collection and
Page 31, Line 5remittance of the charges authorized under this article 17. A
Page 31, Line 6public inspection of the audit and of documents reviewed in the
Page 31, Line 7audit is subject to section 24-72-204. The commission is
Page 31, Line 8responsible for expenses the commission may incur to conduct
Page 31, Line 9the audit. In connection with audits performed, service suppliers
Page 31, Line 10shall make relevant records available to the auditors at no
Page 31, Line 11charge. The commission shall adopt rules governing the audit and appeal procedures.
Page 31, Line 12(f) The commission shall deposit any penalties collected
Page 31, Line 13or interest in the Colorado division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).
Page 31, Line 1440-17-104. Prepaidtelephone disability access charges
Page 31, Line 15collected for the enterprise -prepaid telephone disability access
Page 31, Line 16charge cash fund - created -remittance - rules. (1) (a) On and after
Page 31, Line 17January 1, 2026, everyseller shall collect, on behalf of the
Page 31, Line 18enterprise, the prepaid telephone disability access charge from
Page 31, Line 19the consumer on each retail transaction occurring in the state.
Page 31, Line 20The amount of the prepaid telephone disability access charge
Page 31, Line 21shall be disclosed to the consumer on an invoice, a receipt, or
Page 31, Line 22other similar document that the seller provides to the
Page 31, Line 23consumer. A seller shall elect to either disclose or separately
Page 31, Line 24state the charge and not change the election without the
Page 32, Line 1written consent of the department. The seller is deemed to have
Page 32, Line 2collected the charge notwithstanding the seller's failure to
Page 32, Line 3separately disclose or state the charge on an invoice, a receipt,
Page 32, Line 4or other similar document that the seller provides the consumer.
Page 32, Line 5(b) For purposes of this section, a retail transaction occurs in Colorado if:
Page 32, Line 6(I) The consumer effects the retail transaction in person at a business location in Colorado;
Page 32, Line 7(II) If subsection (1)(b)(I) of this section does not apply, the
Page 32, Line 8product is delivered to the consumer at a Colorado address provided to the seller;
Page 32, Line 9(III) If subsections (1)(b)(I) and (1)(b)(II) of this section do
Page 32, Line 10not apply, the seller's records, maintained in the ordinary
Page 32, Line 11course of business, indicate that the consumer's address is in Colorado, and the records are not made or kept in bad faith;
Page 32, Line 12(IV) If subsections (1)(b)(I) to (1)(b)(III) of this section do
Page 32, Line 13not apply, the consumer gives a Colorado address during the
Page 32, Line 14consummation of the sale, including the consumer's payment
Page 32, Line 15instrument if no other address is available, and there is no indication that the address is given in bad faith; or
Page 32, Line 16(V) If subsections (1)(b)(I) to (1)(b)(IV) of this section do
Page 32, Line 17not apply, the consumer's mobile telephone number is associated with a Colorado location.
Page 32, Line 18(c) The prepaid telephone disability access charge is the
Page 32, Line 19liability of the consumer and not of the seller; except that the
Page 32, Line 20seller is liable to remit all charges that the seller collects from a consumer as provided in subsection (2) of this section.
Page 33, Line 1(d) The amount of the prepaid telephone disability access
Page 33, Line 2charge that is collected by a seller from a consumer is not
Page 33, Line 3included in the base for measuring any tax, fee, surcharge, or
Page 33, Line 4other charge that is imposed by the state, any political subdivision of the state, or any intergovernmental agency.
Page 33, Line 5(2) (a) The seller shall remit any collected prepaid
Page 33, Line 6telephone disability access charges to the department at the
Page 33, Line 7times and in the manner provided in part 1 of article 26 of title
Page 33, Line 839. The department shall establish, by rule, registration and
Page 33, Line 9payment procedures that substantially coincide with the
Page 33, Line 10registration and payment procedures that apply under part 1 of
Page 33, Line 11article 26 of title 39. A seller is subject to the penaltiesand
Page 33, Line 12interestunder part 1 of article 26 of title 39 for failure to collect or remit a charge in accordance with this section.
Page 33, Line 13(b) A seller may deduct and retain three and three-tenths
Page 33, Line 14percent of the prepaid telephone disability access charges that are collected by a seller from consumers.
Page 33, Line 15(c) The executive director of the department shall
Page 33, Line 16collect, administer, and enforce the prepaid telephone disability
Page 33, Line 17access charge pursuant to article 21 of title 39.The audit and
Page 33, Line 18appeal procedures applicable to the state sales tax pursuant to
Page 33, Line 19part 1 of article 26 of title 39 apply to prepaid telephone disability access charges.
Page 33, Line 20(d) The department shall, by rule, establish procedures by
Page 33, Line 21which a seller may document that a transaction is not a retail
Page 33, Line 22transaction, which procedures must substantially coincide with
Page 34, Line 1the procedures for documenting that a sale was wholesale for
Page 34, Line 2purposes of the sales tax pursuant to part 1 of article 26 of title 39.
Page 34, Line 3(e) (I) The state treasurer shall credit the prepaid
Page 34, Line 4telephone disability access charges remitted to the department
Page 34, Line 5pursuant to subsection (2)(a) of this section to the Colorado
Page 34, Line 6division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107 (1).
Page 34, Line 7(II) The department may retain up to three percent of the
Page 34, Line 8collected charges necessary to reimburse the department for
Page 34, Line 9its direct costs of administering the collection and remittance
Page 34, Line 10of prepaid telephone disability access charges.Money that the
Page 34, Line 11department retains pursuant to this subsection (2)(e)(II) shall be
Page 34, Line 12credited to the prepaid telephone disability access charge cash
Page 34, Line 13fund, which fund is created in the state treasury. The fund
Page 34, Line 14consists of money credited to the fund pursuant to this
Page 34, Line 15subsection (2)(e)(II) and any other money that the general
Page 34, Line 16assembly may appropriate or transfer to the fund. The state
Page 34, Line 17treasurer shall credit all interest and income derived from the
Page 34, Line 18deposit and investment of money in the prepaid telephone disability access charge cash fund to the fund.
Page 34, Line 19(3) The prepaid telephone disability access charge is the
Page 34, Line 20only direct disability communication access funding obligation
Page 34, Line 21imposed with respect to prepaid wireless telecommunications
Page 34, Line 22service in the state. No tax, fee, surcharge, or other charge to
Page 34, Line 23fund disability communication access is imposed by the state, any
Page 34, Line 24political subdivision of the state, or any intergovernmental
Page 35, Line 1agency upon a seller or consumer with respect to the sale,
Page 35, Line 2purchase, use, or provision of prepaid wireless telecommunications service.
Page 35, Line 3(4) The prepaid telephone disability access charge shall
Page 35, Line 4not be imposed on the seller or the consumer with respect to federally supported lifeline service.
Page 35, Line 5SECTION 16. In Colorado Revised Statutes, 2-3-1203, add (22)(a)(VII) as follows:
Page 35, Line 62-3-1203. Sunset review of advisory committees - legislative
Page 35, Line 7declaration - definition - repeal. (22) (a) The following statutory
Page 35, Line 8authorizations for the designated advisory committees will repeal on September 1, 2031:
Page 35, Line 9(VII) The Colorado commission for the deaf, hard of
Page 35, Line 10hearing, and deafblind advisory council, as set forth in sections 26-21-104 and 26-21-105 (2) and (5).
Page 35, Line 11SECTION 17. In Colorado Revised Statutes, 6-1-707, amend (1)(e)(I)(B) as follows:
Page 35, Line 126-1-707. Use of title or degree - deceptive trade practice. (1) A
Page 35, Line 13person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 35, Line 14(e) (I) Claims to be a "sign language interpreter", "interpreter for
Page 35, Line 15the deaf", "deaf interpreter", "ASL-English interpreter", "American sign
Page 35, Line 16language (ASL) interpreter", "translator" for sign language,
Page 35, Line 17"transliterator", "certified sign language interpreter", "certified translator"
Page 35, Line 18for sign language, "certified interpreter for the deaf", "certified deaf
Page 35, Line 19interpreter", "certified ASL-English interpreter", "certified American sign
Page 35, Line 20language (ASL) interpreter", or "certified transliterator", unless the person holds:
Page 36, Line 1(B)
Any A currently valid certification for sign languagePage 36, Line 2interpretation that is approved by the
Colorado commission division forPage 36, Line 3the deaf, hard of hearing, and deafblind pursuant to section 26-21-106 (1)(f).
Page 36, Line 4SECTION 18. In Colorado Revised Statutes, amend 13-71-137 as follows:
Page 36, Line 513-71-137. Duties and responsibilities of auxiliary services
Page 36, Line 6providers for jurors who are deaf, hard of hearing, or deafblind.
Page 36, Line 7(1) The court may provide, through the list of available resources
Page 36, Line 8coordinated through the
Colorado commission division for the deaf, hardPage 36, Line 9of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified
Page 36, Line 10provider of auxiliary services,
provider, as defined in section 13-90-202Page 36, Line 11
(8) (3), to assist during a trial a juror who is deaf, hard of hearing, orPage 36, Line 12deafblind. In the presence of the jury, the court shall instruct the qualified
Page 36, Line 13auxiliary services provider to make true and complete translations of all
Page 36, Line 14court proceedings to the juror who is deaf, hard of hearing, or deafblind to the best of the qualified auxiliary services provider's ability.
Page 36, Line 15(2) The qualified interpreter is subject to the same orders and
Page 36, Line 16admonitions given to the jurors. The court shall permit a qualified
Page 36, Line 17auxiliary services provider to be present and assist a juror who is deaf,
Page 36, Line 18hard of hearing, or deafblind during the deliberations of the jury. In the
Page 36, Line 19presence of the jury, the court shall instruct the qualified auxiliary
Page 36, Line 20services provider to refrain from participating in any manner in the
Page 36, Line 21deliberation of the jury and to refrain from having any communications
Page 36, Line 22with any member of the jury regarding deliberation, except for true and
Page 36, Line 23complete translations of jurors' remarks made during deliberation. A jury
Page 37, Line 1verdict reached in the presence of a qualified auxiliary services provider, during deliberation, is valid.
Page 37, Line 2SECTION 19. In Colorado Revised Statutes, 13-90-202, amend (8); repeal (4); and add (6.3) and (7.3) as follows:
Page 37, Line 313-90-202. Definitions. As used in this part 2, unless the context otherwise requires:
Page 37, Line 4(4)
"Commission" means the Colorado commission for the deaf,Page 37, Line 5
hard of hearing, and deafblind in the department of human services created in section 26-21-104.Page 37, Line 6(6.3) "Division" means the division for the deaf, hard of
Page 37, Line 7hearing, and deafblind in the department of human services created in section 26-21-106 (1).
Page 37, Line 8(7.3) "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.
Page 37, Line 9(8) "Qualified interpreter" means a person who has a valid
Page 37, Line 10certification of competency accepted by the
commission division andPage 37, Line 11includes
but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.Page 37, Line 12SECTION 20. In Colorado Revised Statutes, amend 13-90-203 as follows:
Page 37, Line 1313-90-203. Powers and duties of the enterprise - rules. The
Page 37, Line 14
department of human services board of directors of the enterprisePage 37, Line 15shall
promulgate adopt rules pursuant to article 4 of title 24C.R.S.,Page 37, Line 16
which have been proposed by the commission as necessary for thePage 37, Line 17implementation of this part 2. The rule-making process shall be open and
Page 37, Line 18available for input from the public, including
but not limited toPage 37, Line 19interpreters and consumers of interpreter services.
Page 38, Line 1SECTION 21. In Colorado Revised Statutes, amend 13-90-205 as follows:
Page 38, Line 213-90-205. Coordination of auxiliary services requests. (1) The
Page 38, Line 3
commission division, in collaboration with the judicial department, shallPage 38, Line 4establish, monitor, coordinate, and publish a list of available resources
Page 38, Line 5regarding communication accessibility for
persons individuals who arePage 38, Line 6deaf, hard of hearing, or deafblind, including qualified auxiliary services
Page 38, Line 7providers, for use by an appointing authority pursuant to section
Page 38, Line 813-90-204. The list must contain the names of private individual
Page 38, Line 9providers and agencies that secure qualified auxiliary services for assignment.
Page 38, Line 10(2) Whenever a qualified auxiliary service is required pursuant to
Page 38, Line 11section 13-90-204, the appointing authority shall secure the auxiliary
Page 38, Line 12service through the list of available resources made available and
Page 38, Line 13coordinated by the
commission division in accordance with subsection (1) of this section.Page 38, Line 14(3) The
commission division shall provide auxiliary services forPage 38, Line 15a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The
Page 38, Line 16
commission division does not have additional responsibilities beyond thePage 38, Line 17requirements of subsection (1) of this section for a proceeding described in section 13-90-204 (1)(d) or (1)(f).
Page 38, Line 18SECTION 22. In Colorado Revised Statutes, amend 13-90-210 as follows:
Page 38, Line 1913-90-210. Compensation.
Subject to the appropriations Per thePage 38, Line 20funding available to the
commission division, a qualifiedinterpreter orPage 38, Line 21
computer-aided realtime translation reporter auxiliary servicesPage 38, Line 22provider provided pursuant to section 13-90-204
shall be entitled toPage 39, Line 1
compensation for his or her shall be compensated for their services,Page 39, Line 2including waiting time and necessary travel and subsistence expenses.
Page 39, Line 3The amount of compensation shall be based on a fee schedule for
Page 39, Line 4qualified
interpreters and auxiliary services providers established by thecommission division.Page 39, Line 5SECTION 23. In Colorado Revised Statutes, 18-1.3-701, amend (1)(c) as follows:
Page 39, Line 618-1.3-701. Judgment of costs and fines - definitions.
Page 39, Line 7(1) (c) Judgments collected pursuant to this section for fees for auxiliary
Page 39, Line 8services provided pursuant to section 13-90-204, and reimbursed pursuant
Page 39, Line 9to section 13-90-210, shall be remitted to the
Colorado commissionPage 39, Line 10division for the deaf, hard of hearing, and deafblind
in the department of human services cash fund created in section26-21-104 26-21-107.Page 39, Line 11SECTION 24. In Colorado Revised Statutes, 24-1-120, amend (5)(h); and add (5)(g.5) and (5)(g.7) as follows:
Page 39, Line 1224-1-120. Department of human services - creation. (5) The department of human services includes the following:
Page 39, Line 13(g.5) The communication services for people with
Page 39, Line 14disabilities enterprise, created in article 21 of title 26. The
Page 39, Line 15enterprise is a type 1 entity, as defined in section 24-1-105, and
Page 39, Line 16exercises its powers and performs its duties and functions under the department.
Page 39, Line 17(g.7) The division for the deaf, hard of hearing, and
Page 39, Line 18deafblind created in article 21 of title 26. The division is a type
Page 39, Line 192 entity, as defined in section 24-1-105, and exercises its powers and functions under the department.
Page 39, Line 20(h) The Colorado commission for the deaf, hard of hearing, and
Page 40, Line 1deafblind advisory council, created in article 21 of title 26.
ThePage 40, Line 2
Colorado commission for the deaf, hard of hearing, and deafblind is aPage 40, Line 3
type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.Page 40, Line 4SECTION 25. In Colorado Revised Statutes, 24-34-104, repeal (32)(a)(XII) as follows:
Page 40, Line 524-34-104. General assembly review of regulatory agencies
Page 40, Line 6and functions for repeal, continuation, or reestablishment - legislative
Page 40, Line 7declaration - repeal. (32) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:
Page 40, Line 8(XII)
The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26;Page 40, Line 9SECTION 26. In Colorado Revised Statutes, 39-21-102, add (9) as follows:
Page 40, Line 1039-21-102. Scope. (9) This article 21 applies to the fee
Page 40, Line 11imposed pursuant to section 40-17-104, but only to the extent that this article 21 is not inconsistent with section 40-17-104.
Page 40, Line 12SECTION 27. In Colorado Revised Statutes, 29-2-201, amend as it will become effective July 1, 2025, (8)(e) as follows:
Page 40, Line 1329-2-201. Definitions. As used in this part 2, unless the context otherwise requires:
Page 40, Line 14(8) "Sales or use tax" includes the:
Page 40, Line 15(e) Prepaid
wireless TRS telephone disability accesscharge imposed pursuant tosection29-11-102.7 section 40-17-104; andPage 40, Line 16SECTION 28. In Colorado Revised Statutes, 29-2-202, amend as it will become effective July 1, 2025, (1)(b)(V) as follows:
Page 40, Line 1729-2-202. Applicability. (1) Except as provided in sections 29-2-209 and 29-2-211, this part 2 applies to:
Page 41, Line 1(b) (V) The prepaid
wireless TRS telephone disability accesscharge imposed pursuant tosection 29-11-102.7 section 40-17-104; andPage 41, Line 2SECTION 29. In Colorado Revised Statutes, 39-21-119.5, amend (2)(t) as follows:
Page 41, Line 339-21-119.5. Mandatory electronic filing of returns -
Page 41, Line 4mandatory electronic payment - penalty - waiver - definitions.
Page 41, Line 5(2) Except as provided in subsection (6) of this section, the executive
Page 41, Line 6director may, as specified in subsection (3) of this section, require the
Page 41, Line 7electronic filing of returns and require the payment of any tax or fee due by electronic funds transfer for the following:
Page 41, Line 8(t) Any prepaid
wireless telecommunications relay servicePage 41, Line 9telephone disability accesscharge report required to be filed and
Page 41, Line 10payment required to be made pursuant to
section 29-11-102.7 (3) section 40-17-104; andPage 41, Line 11SECTION 30. In Colorado Revised Statutes, 40-2-112, amend (1)(a) as follows:
Page 41, Line 1240-2-112. Computation of fees. (1) (a) On or before June 1 of
Page 41, Line 13each year, the executive director of the department of revenue shall
Page 41, Line 14ascertain the aggregate amount of gross operating revenues of telephone
Page 41, Line 15corporations and all other public utilities filing returns as provided in
Page 41, Line 16section 40-2-111. Based on appropriations made by the general assembly,
Page 41, Line 17the executive director of the department of regulatory agencies shall
Page 41, Line 18specify, for the telecommunications utility fund, created in section
Page 41, Line 1940-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,
Page 41, Line 20created in section 40-2-114 (1)(b)(II), the revenue needed to provide for
Page 41, Line 21the direct and indirect costs of the supervision and regulation of telephone
Page 42, Line 1corporations and all other public utilities under the jurisdiction of the
Page 42, Line 2department of regulatory agencies, excluding the amount of money
Page 42, Line 3provided as administrative support from the various telecommunications
Page 42, Line 4programs administered by the commission, including the high cost
Page 42, Line 5support mechanism, established in section 40-15-208; the 911 surcharge,
Page 42, Line 6established in section 29-11-102.3; the 988 surcharge, established in
Page 42, Line 7section 40-17.5-102; and the
telecommunications relay servicePage 42, Line 8telephone disability access surcharge, established in
section 40-17-103 section 40-17-102.Page 42, Line 10SECTION 31. Appropriation - adjustments to 2025 long bill.
Page 42, Line 11(1) To implement this act, the general fund appropriation made in the
Page 42, Line 12annual general appropriation act for the 2025-26 state fiscal year to the
Page 42, Line 13department of education for use by library programs for reading services for the blind is decreased by $250,000.
Page 42, Line 14(2) To implement this act, the cash funds appropriation from the
Page 42, Line 15Colorado telephone users with disabilities fund created in section
Page 42, Line 1640-17-102 (3)(c)(II), C.R.S., made in the annual general appropriation act
Page 42, Line 17for the 2025-26 state fiscal year to the department of regulatory agencies for use by the public utilities commission is decreased as follows:
Page 42, Line 18(a) $265,965 for personal services, and the related FTE is decreased by 2.0 FTE; and
Page 42, Line 19(c) $3,413,703 for the Colorado commission for the deaf, hard of hearing, and deafblind cash fund.
Page 42, Line 20(3) To implement this act, the reappropriated funds appropriation
Page 42, Line 21made in the annual general appropriation act for the 2025-26 state fiscal
Page 42, Line 22year to the department of human services for use by the Colorado
Page 43, Line 1commission for the deaf, hard of hearing, and deafblind is decreased by
Page 43, Line 2$3,413,703. This appropriation is from reappropriated funds received
Page 43, Line 3from the department of regulatory agencies for use by the public utilities
Page 43, Line 4commission for the Colorado commission for the deaf, hard of hearing, and deafblind cash fund.
Page 43, Line 5SECTION 32. Appropriation. (1) For the 2025-26 state fiscal
Page 43, Line 6year, $250,000 is appropriated to the department of regulatory agencies
Page 43, Line 7for use by the public utilities commission. This appropriation is from the
Page 43, Line 8Colorado telephone users with disabilities fund created in section
Page 43, Line 940-17-102 (3)(c)(II), C.R.S. To implement this act, the commission may
Page 43, Line 10use this appropriation for transfer to the reading services for the blind cash fund.
Page 43, Line 11(2) For the 2025-26 state fiscal year, $250,000 is appropriated to
Page 43, Line 12the department of education for use by library programs. This
Page 43, Line 13appropriation is from reappropriated funds received from the department
Page 43, Line 14of regulatory agencies under subsection (1) of this section. To implement
Page 43, Line 15this act, library programs may use this appropriation for reading services for the blind.
Page 43, Line 16(3) For the 2025-26 state fiscal year, $4,958,625 is appropriated
Page 43, Line 17to the department of human services. This appropriation is from the
Page 43, Line 18Colorado division for the deaf, hard of hearing, and deafblind cash fund
Page 43, Line 19created in section 26-21-107 (1), C.R.S. To implement this act, the department may use this appropriation as follows:
Page 43, Line 20(a) $4,891,755 for the communication services for people with
Page 43, Line 21disabilities enterprise, which amount is based on an assumption that the enterprise will require an additional 3.0 FTE; and
Page 43, Line 22(b) $66,870 for the purchase of legal services.
Page 44, Line 1(4) For the 2025-26 state fiscal year, $66,870 is appropriated to
Page 44, Line 2the department of law. This appropriation is from reappropriated funds
Page 44, Line 3received from the department of human services under subsection (3)(b)
Page 44, Line 4of this section and is based on an assumption that the department of law
Page 44, Line 5will require an additional 0.3 FTE. To implement this act, the department
Page 44, Line 6of law may use this appropriation to provide legal services for the department of human services.
Page 44, Line 7(5) For the 2025-26 state fiscal year, $21,467 is appropriated to
Page 44, Line 8the department of revenue. This appropriation is from the prepaid
Page 44, Line 9wireless trust cash fund created in section 40-17-104 (2)(e)(II), C.R.S. To implement this act, the department may use this appropriation as follows:
Page 44, Line 10(a) $10,892 for tax administration IT system (GenTax) support;
Page 44, Line 11(b) $2,176 for use by the taxation business group for personal services related to taxation services;
Page 44, Line 12(c) $ 4,725 for use by the executive director's office for personal services related to administration and support; and
Page 44, Line 13(d) $3,674 for the purchase of document management services.
Page 44, Line 14(6) For the 2025-26 state fiscal year, $3,674 is appropriated to the
Page 44, Line 15department of personnel. This appropriation is from reappropriated funds
Page 44, Line 16received from the department of revenue under subsection (5)(d) of this
Page 44, Line 17section. To implement this act, the department of personnel may use this
Page 44, Line 18appropriation to provide document management services for the department of revenue.
Page 44, Line 19SECTION 33. Effective date. (1) Except as otherwise provided in this section, this act takes effect upon passage.
Page 44, Line 20(2) Sections 39-21-102, 29-2-201, 29-2-202, and 39-21-119.5,
Page 44, Line 21Colorado Revised Statutes, as amended in sections 26, 27, 28, and 29 of this act, respectively, take effect January 1, 2026.
Page 45, Line 1SECTION 34. Safety clause. The general assembly finds,
Page 45, Line 2determines, and declares that this act is necessary for the immediate
Page 45, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 45, Line 4the support and maintenance of the departments of the state and state institutions.