10 | | - | ONCERNING CREATION OF A FAMILY AND COMMUNITY INTERVENER |
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11 | | - | PROGRAM TO SUPPORT CHILDREN EXPERIENCING DEAFBLINDNESS |
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12 | | - | , |
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13 | | - | AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. |
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14 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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15 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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16 | | - | finds and declares that: |
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17 | | - | (a) Children who are deafblind have incomplete, distorted, or |
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18 | | - | unreliable access to visual or auditory information, or both; |
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19 | | - | (b) The term "deafblind" does not refer to total deafness or total |
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20 | | - | blindness but rather degrees of hearing and vision loss; |
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21 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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22 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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23 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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24 | | - | history, or the Session Laws. |
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25 | | - | ________ |
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26 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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27 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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28 | | - | the act. (c) Children who are deafblind need a clear and consistent flow of |
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29 | | - | visual and auditory information for learning, interaction, and overall |
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30 | | - | development; |
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31 | | - | (d) Many children who are deafblind have other disabling |
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32 | | - | conditions, such as physical disabilities, health problems, and cognitive |
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33 | | - | challenges; |
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34 | | - | (e) Children who are deafblind are diverse and have unique needs, |
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35 | | - | yet they share similar learning, communication, and social and emotional |
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36 | | - | challenges; and |
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37 | | - | (f) Learning through independent observation and exploration is |
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38 | | - | difficult for children experiencing deafblindness because they have |
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39 | | - | difficulty detecting their environment, and when essential information is |
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40 | | - | missed, incidental learning is greatly limited. |
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41 | | - | (2) Therefore, the general assembly finds and declares that it is in |
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42 | | - | the best interest of the state of Colorado and, particularly, children who are |
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43 | | - | experiencing deafblindness and their families to: |
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44 | | - | (a) Create and fund the family and community intervener program, |
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45 | | - | housed within the commission for the deaf, hard of hearing, and deafblind |
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46 | | - | in the department of human services; and |
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47 | | - | (b) Support the program's work with children who are deafblind and |
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48 | | - | their families and its values of facilitating critical connections between |
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49 | | - | family, community, people, and environments that promote social and |
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50 | | - | emotional well-being. |
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51 | | - | SECTION 2. In Colorado Revised Statutes, 26-21-103, add (4.3), |
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52 | | - | (4.7), and (4.8) as follows: |
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53 | | - | 26-21-103. Definitions. As used in this article 21, unless the context |
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54 | | - | otherwise requires: |
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| 14 | + | ONCERNING CREATION OF A FAMILY AND COMMUNITY INTERVENER101 |
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| 15 | + | PROGRAM TO SUPPORT CHILDREN EXPERIENCING102 |
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| 16 | + | DEAFBLINDNESS, AND, IN CONNECTION THEREWITH, MAKING AN103 |
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| 17 | + | APPROPRIATION.104 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | The bill creates the family and community intervener program |
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| 26 | + | (program) to support children who are deafblind and their families. The |
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| 27 | + | program provides deafblind children the services of an intervener who is |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | April 24, 2023 |
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| 31 | + | SENATE |
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| 32 | + | 2nd Reading Unamended |
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| 33 | + | April 21, 2023 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | March 20, 2023 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | March 17, 2023 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Young and Bradfield, Amabile, Bird, Boesenecker, Brown, Dickson, Duran, Froelich, |
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| 42 | + | Garcia, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, |
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| 43 | + | Marshall, Martinez, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ortiz, Ricks, |
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| 44 | + | Snyder, Taggart, Titone, Valdez |
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| 45 | + | SENATE SPONSORSHIP |
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| 46 | + | Cutter and Ginal, Buckner, Exum, Kolker, Moreno, Priola, Winter F., Zenzinger |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 49 | + | Dashes through the words or numbers indicate deletions from existing law. specifically trained in deafblindness, building language and |
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| 50 | + | communication skills, and intervention strategies with children who are |
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| 51 | + | deafblind and their community, families, and environment. The Colorado |
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| 52 | + | commission for the deaf, hard of hearing, and deafblind (commission) |
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| 53 | + | shall contract with an intervener program manager (manager) who has |
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| 54 | + | oversight over the program, the intervener activities, and the outcomes for |
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| 55 | + | children who are deafblind. |
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| 56 | + | Starting in 2025, and upon the approval of the department of |
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| 57 | + | health care policy and financing, the commission shall have the manager |
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| 58 | + | direct eligible children to receive intervener services through the home- |
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| 59 | + | and community-based services provided by the community first choice |
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| 60 | + | option of the federal "Social Security Act". |
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| 61 | + | The program is funded through the Colorado telephone users with |
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| 62 | + | disabilities fund. |
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| 63 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 64 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 65 | + | finds and declares that:3 |
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| 66 | + | (a) Children who are deafblind have incomplete, distorted, or4 |
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| 67 | + | unreliable access to visual or auditory information, or both;5 |
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| 68 | + | (b) The term "deafblind" does not refer to total deafness or total6 |
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| 69 | + | blindness but rather degrees of hearing and vision loss;7 |
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| 70 | + | (c) Children who are deafblind need a clear and consistent flow8 |
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| 71 | + | of visual and auditory information for learning, interaction, and overall9 |
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| 72 | + | development;10 |
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| 73 | + | (d) Many children who are deafblind have other disabling11 |
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| 74 | + | conditions, such as physical disabilities, health problems, and cognitive12 |
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| 75 | + | challenges;13 |
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| 76 | + | (e) Children who are deafblind are diverse and have unique needs,14 |
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| 77 | + | yet they share similar learning, communication, and social and emotional15 |
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| 78 | + | challenges; and16 |
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| 79 | + | (f) Learning through independent observation and exploration is17 |
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| 80 | + | 1067-2- difficult for children experiencing deafblindness because they have1 |
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| 81 | + | difficulty detecting their environment, and when essential information is2 |
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| 82 | + | missed, incidental learning is greatly limited.3 |
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| 83 | + | (2) Therefore, the general assembly finds and declares that it is in4 |
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| 84 | + | the best interest of the state of Colorado and, particularly, children who5 |
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| 85 | + | are experiencing deafblindness and their families to:6 |
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| 86 | + | (a) Create and fund the family and community intervener7 |
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| 87 | + | program, housed within the commission for the deaf, hard of hearing, and8 |
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| 88 | + | deafblind in the department of human services; and9 |
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| 89 | + | (b) Support the program's work with children who are deafblind10 |
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| 90 | + | and their families and its values of facilitating critical connections11 |
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| 91 | + | between family, community, people, and environments that promote12 |
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| 92 | + | social and emotional well-being.13 |
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| 93 | + | SECTION 2. In Colorado Revised Statutes, 26-21-103, add (4.3),14 |
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| 94 | + | (4.7), and (4.8) as follows:15 |
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| 95 | + | 26-21-103. Definitions. As used in this article 21, unless the16 |
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| 96 | + | context otherwise requires:17 |
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99 | | - | AS A MINIMUM OF ONE YEAR OF PAID EXPERIENCE IN |
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100 | | - | COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO |
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101 | | - | CHILDREN WITH DEAFNESS |
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102 | | - | , BLINDNESS, DEAFBLINDNESS, OR MULTIPLE |
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103 | | - | DISABILITIES |
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104 | | - | , AND HAS A MASTER'S DEGREE IN A HEALTH AND HUMAN |
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105 | | - | SERVICES |
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106 | | - | -RELATED FIELD; OR |
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107 | | - | (b) HAS A MINIMUM OF TWO YEARS OF PAID EXPERIENCE IN |
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108 | | - | COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO |
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109 | | - | INDIVIDUALS WITH DEAFNESS |
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110 | | - | , BLINDNESS, DEAFBLINDNESS, OR MULTIPLE |
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111 | | - | PAGE 3-HOUSE BILL 23-1067 DISABILITIES, AND HAS A BACHELOR'S DEGREE IN A HEALTH AND HUMAN |
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112 | | - | SERVICES |
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113 | | - | -RELATED FIELD. |
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114 | | - | SECTION 3. In Colorado Revised Statutes, 26-21-106, add (8.5) |
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115 | | - | as follows: |
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116 | | - | 26-21-106. Powers, functions, and duties of commission - |
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| 133 | + | AS A MINIMUM OF ONE YEAR OF PAID EXPERIENCE IN17 |
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| 134 | + | COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO18 |
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| 135 | + | CHILDREN WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE19 |
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| 136 | + | DISABILITIES, AND HAS A MASTER'S DEGREE IN A HEALTH AND HUMAN20 |
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| 137 | + | SERVICES-RELATED FIELD; OR21 |
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| 138 | + | (b) H |
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| 139 | + | AS A MINIMUM OF TWO YEARS OF PAID EXPERIENCE IN22 |
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| 140 | + | COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO23 |
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| 141 | + | INDIVIDUALS WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE24 |
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| 142 | + | DISABILITIES, AND HAS A BACHELOR'S DEGREE IN A HEALTH AND HUMAN25 |
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| 143 | + | SERVICES-RELATED FIELD.26 |
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| 144 | + | SECTION 3. In Colorado Revised Statutes, 26-21-106, add (8.5)27 |
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| 145 | + | 1067 |
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| 146 | + | -4- as follows:1 |
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| 147 | + | 26-21-106. Powers, functions, and duties of commission -2 |
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197 | | - | HETHER THE CHILD IS EFFECTIVELY COMMUNICATING WANTS |
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198 | | - | AND NEEDS TO THE CHILD |
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199 | | - | 'S INTERVENER; AND |
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200 | | - | (II) WHETHER THE CHILD IS ACTIVELY PARTICIPATING IN COMMUNITY |
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201 | | - | ACTIVITIES AND ACTIVITIES OF DAILY LIVING TO THE EXTENT OF THE CHILD |
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202 | | - | 'S |
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203 | | - | ABILITY |
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204 | | - | . |
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205 | | - | (d) T |
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206 | | - | HE INTERVENER PROGRAM MANAGER AND INTERVENER SHALL |
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207 | | - | COLLABORATE WITH OTHER STATE AGENCIES AS APPROPRIATE THAT PROVIDE |
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208 | | - | DIRECT OR INDIRECT SERVICES TO CHILDREN WHO ARE DEAFBLIND AND THEIR |
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209 | | - | FAMILIES TO IDENTIFY POTENTIAL ADDITIONAL SERVICES OR OPPORTUNITIES |
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210 | | - | FOR CHILDREN WHO ARE DEAFBLIND |
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211 | | - | . |
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212 | | - | SECTION 4. In Colorado Revised Statutes, 40-17-104, amend |
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213 | | - | PAGE 5-HOUSE BILL 23-1067 (1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows: |
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214 | | - | 40-17-104. Colorado telephone users with disabilities fund - |
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215 | | - | creation - purpose. (1) (b) The general assembly shall make annual |
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216 | | - | appropriations out of the fund: |
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217 | | - | (II) To the reading services for the blind cash fund, created in |
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218 | | - | section 24-90-105.5 (5), for use by the state librarian in support of privately |
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219 | | - | operated reading services for people who are blind; and |
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220 | | - | (III) To provide support for library services as authorized by section |
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221 | | - | 24-90-105 (1)(e); |
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222 | | - | AND |
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223 | | - | (IV) TO PROVIDE SUPPORT FOR THE FAMILY AND COMMUNITY |
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224 | | - | INTERVENER PROGRAM ESTABLISHED IN SECTION |
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225 | | - | 26-21-106 (8.5). |
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226 | | - | SECTION 5. Appropriation. (1) For the 2023-24 state fiscal year, |
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227 | | - | $130,092 is appropriated to the Colorado commission for the deaf, hard of |
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228 | | - | hearing, and deafblind cash fund created in section 26-21-107 (1), C.R.S. |
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229 | | - | This appropriation is from the Colorado telephone users with disabilities |
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230 | | - | fund created in section 40-17-104 (1)(a), C.R.S. The public utilities |
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231 | | - | commission in the department of regulatory agencies is responsible for the |
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232 | | - | accounting related to this appropriation. |
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233 | | - | (2) For the 2023-24 state fiscal year, $130,092 is appropriated to the |
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234 | | - | department of human services for use by the office of adults, aging, and |
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235 | | - | disability services. This appropriation is from reappropriated funds in the |
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236 | | - | Colorado commission for the deaf, hard of hearing, and deafblind cash fund |
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237 | | - | under subsection (1) of this section, and is based on the assumption that the |
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238 | | - | office will require an additional 0.4 FTE. To implement this act, the office |
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239 | | - | may use the appropriation for the Colorado commission for the deaf, hard |
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240 | | - | of hearing, and deafblind. |
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241 | | - | SECTION 6. Act subject to petition - effective date. This act |
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242 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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243 | | - | ninety-day period after final adjournment of the general assembly; except |
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244 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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245 | | - | of the state constitution against this act or an item, section, or part of this act |
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246 | | - | within such period, then the act, item, section, or part will not take effect |
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247 | | - | unless approved by the people at the general election to be held in |
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248 | | - | PAGE 6-HOUSE BILL 23-1067 November 2024 and, in such case, will take effect on the date of the official |
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249 | | - | declaration of the vote thereon by the governor. |
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250 | | - | ____________________________ ____________________________ |
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251 | | - | Julie McCluskie Steve Fenberg |
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252 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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253 | | - | OF REPRESENTATIVES THE SENATE |
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254 | | - | ____________________________ ____________________________ |
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255 | | - | Robin Jones Cindi L. Markwell |
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256 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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257 | | - | OF REPRESENTATIVES THE SENATE |
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258 | | - | APPROVED________________________________________ |
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259 | | - | (Date and Time) |
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260 | | - | _________________________________________ |
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261 | | - | Jared S. Polis |
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262 | | - | GOVERNOR OF THE STATE OF COLORADO |
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263 | | - | PAGE 7-HOUSE BILL 23-1067 |
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| 211 | + | HETHER THE CHILD IS EFFECTIVELY COMMUNICATING WANTS21 |
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| 212 | + | AND NEEDS TO THE CHILD'S INTERVENER; AND22 |
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| 213 | + | (II) W |
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| 214 | + | HETHER THE CHILD IS ACTIVELY PARTICIPATING IN23 |
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| 215 | + | COMMUNITY ACTIVITIES AND ACTIVITIES OF DAILY LIVING TO THE EXTENT24 |
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| 216 | + | OF THE CHILD'S ABILITY.25 |
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| 217 | + | (d) THE INTERVENER PROGRAM MANAGER AND INTERVENER SHALL26 |
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| 218 | + | COLLABORATE WITH OTHER STATE AGENCIES AS APPROPRIATE THAT27 |
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| 219 | + | 1067 |
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| 220 | + | -6- PROVIDE DIRECT OR INDIRECT SERVICES TO CHILDREN WHO ARE1 |
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| 221 | + | DEAFBLIND AND THEIR FAMILIES TO IDENTIFY POTENTIAL ADDITIONAL2 |
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| 222 | + | SERVICES OR OPPORTUNITIES FOR CHILDREN WHO ARE DEAFBLIND . 3 |
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| 223 | + | SECTION 4. In Colorado Revised Statutes, 40-17-104, amend4 |
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| 224 | + | (1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:5 |
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| 225 | + | 40-17-104. Colorado telephone users with disabilities fund -6 |
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| 226 | + | creation - purpose. (1) (b) The general assembly shall make annual7 |
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| 227 | + | appropriations out of the fund:8 |
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| 228 | + | (II) To the reading services for the blind cash fund, created in9 |
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| 229 | + | section 24-90-105.5 (5), for use by the state librarian in support of10 |
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| 230 | + | privately operated reading services for people who are blind; and11 |
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| 231 | + | (III) To provide support for library services as authorized by12 |
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| 232 | + | section 24-90-105 (1)(e); |
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| 233 | + | AND13 |
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| 234 | + | (IV) T |
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| 235 | + | O PROVIDE SUPPORT FOR THE FAMILY AND COMMUNITY14 |
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| 236 | + | INTERVENER PROGRAM ESTABLISHED IN SECTION 26-21-106 (8.5).15 |
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| 237 | + | SECTION 5. Appropriation. (1) For the 2023-24 state fiscal16 |
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| 238 | + | year, $130,092 is appropriated to the Colorado commission for the deaf,17 |
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| 239 | + | hard of hearing, and deafblind cash fund created in section 26-21-107 (1),18 |
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| 240 | + | C.R.S. This appropriation is from the Colorado telephone users with19 |
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| 241 | + | disabilities fund created in section 40-17-104 (1)(a), C.R.S. The public20 |
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| 242 | + | utilities commission in the department of regulatory agencies is21 |
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| 243 | + | responsible for the accounting related to this appropriation.22 |
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| 244 | + | (2) For the 2023-24 state fiscal year, $130,092 is appropriated to23 |
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| 245 | + | the department of human services for use by the office of adults, aging,24 |
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| 246 | + | and disability services. This appropriation is from reappropriated funds25 |
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| 247 | + | in the Colorado commission for the deaf, hard of hearing, and deafblind26 |
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| 248 | + | cash fund under subsection (1) of this section, and is based on the27 |
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| 249 | + | 1067 |
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| 250 | + | -7- assumption that the office will require an additional 0.4 FTE. To1 |
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| 251 | + | implement this act, the office may use the appropriation for the Colorado2 |
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| 252 | + | commission for the deaf, hard of hearing, and deafblind.3 |
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| 253 | + | SECTION 6. Act subject to petition - effective date. This act4 |
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| 254 | + | takes effect at 12:01 a.m. on the day following the expiration of the5 |
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| 255 | + | ninety-day period after final adjournment of the general assembly; except6 |
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| 256 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V7 |
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| 257 | + | of the state constitution against this act or an item, section, or part of this8 |
---|
| 258 | + | act within such period, then the act, item, section, or part will not take9 |
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| 259 | + | effect unless approved by the people at the general election to be held in10 |
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| 260 | + | November 2024 and, in such case, will take effect on the date of the11 |
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| 261 | + | official declaration of the vote thereon by the governor.12 |
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| 262 | + | 1067 |
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| 263 | + | -8- |
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