Colorado 2025 Regular Session

Colorado House Bill HB1154 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0129.02 Jennifer Berman x3286
88 HOUSE BILL 25-1154
99 House Committees Senate Committees
1010 Health & Human Services Business, Labor, & Technology
1111 Appropriations Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING COMMUNICATION SERVICES FOR PEOPLE WITH101
1515 DISABILITIES, AND, IN CONNECTION THEREWITH , CREATING THE102
1616 COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES103
1717 ENTERPRISE AND MAKING AND REDUCING AN APPROPRIATION .104
1818 Bill Summary
1919 (Note: This summary applies to this bill as introduced and does
2020 not reflect any amendments that may be subsequently adopted. If this bill
2121 passes third reading in the house of introduction, a bill summary that
2222 applies to the reengrossed version of this bill will be available at
2323 http://leg.colorado.gov
2424 .)
2525 Under current law, the state librarian administers the reading
2626 services for the blind program by supporting privately operated reading
2727 services for individuals who are blind or print-disabled, and the Colorado
2828 SENATE
29-3rd Reading Unamended
30-April 17, 2025
31-SENATE
3229 Amended 2nd Reading
3330 April 16, 2025
3431 HOUSE
3532 3rd Reading Unamended
3633 March 11, 2025
3734 HOUSE
3835 Amended 2nd Reading
3936 March 10, 2025
4037 HOUSE SPONSORSHIP
4138 Brown and Froelich, Bacon, Bird, Boesenecker, Clifford, Duran, English, Garcia,
4239 Hamrick, Jackson, Joseph, Lieder, Lindsay, Mabrey, Marshall, Martinez, McCluskie,
4340 McCormick, Paschal, Phillips, Rutinel, Sirota, Stewart K., Stewart R., Story, Titone,
4441 Willford, Zokaie
4542 SENATE SPONSORSHIP
46-Jodeh and Amabile, Ball, Coleman, Cutter, Danielson, Daugherty, Exum, Gonzales J.,
47-Kipp, Kolker, Michaelson Jenet, Mullica, Wallace, Winter F.
43+Jodeh and Amabile,
4844 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4945 Capital letters or bold & italic numbers indicate new material to be added to existing law.
5046 Dashes through the words or numbers indicate deletions from existing law. commission for the deaf, hard of hearing, and deafblind coordinates and
5147 advocates for the provision of, and access to, services and resources for
5248 individuals who are deaf, hard of hearing, or deafblind (services and
5349 resources). Sections 2 through 14 of the bill create the communication
5450 services for people with disabilities enterprise (enterprise) to provide
5551 these services and resources through imposition of an enterprise fee and
5652 administration of the communication services for people with hearing
5753 disabilities enterprise cash fund (communication services fund) and the
5854 reading services for the blind enterprise cash fund (reading fund).
5955 Section 1 repeals the reading services for the blind function of the
6056 state librarian, which function is transferred to the enterprise in section
6157 8.
6258 Telecommunications relay services (TRS) are provided for
6359 individuals who are deaf, hard of hearing, or deafblind in the state
6460 through a monthly surcharge that wireline voice service providers collect
6561 from their telephone customers. Sections 16 and 17 transfer 77% of the
6662 money collected from the TRS monthly surcharge to the communication
6763 services fund and the reading fund based on the enterprise's imposition of
6864 the enterprise fee to finance the services and resources that the enterprise
6965 provides.
7066 Sections 15 and 18 through 27 make conforming amendments.
7167 Be it enacted by the General Assembly of the State of Colorado:1
7268 SECTION 1. In Colorado Revised Statutes, amend 26-21-101 as2
7369 follows:3
7470 26-21-101. Short title. The short title of this article 21 is the4
7571 "Colorado Commission for the Deaf, Hard of Hearing, and Deafblind5
7672 "COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE6
7773 Act".7
7874 SECTION 2. In Colorado Revised Statutes, repeal and reenact,8
7975 with amendments, section 26-21-102 as follows:9
8076 26-21-102. Legislative declaration. (1) THE GENERAL ASSEMBLY10
8177 FINDS AND DECLARES THAT:11
8278 (a) A COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES12
8379 ENTERPRISE, AS WELL AS THE DIVISION AND COMMISSION, FACILITATES THE13
8480 1154-2- PROVISION OF COMMUNICATION SERVICES THAT ENABLE COMMUNICATION1
8581 BETWEEN INDIVIDUALS WHO ARE DEAF , HARD OF HEARING , AND2
8682 DEAFBLIND OR WHO HAVE SPEECH DISABILITIES AND INDIVIDUALS3
8783 WITHOUT COMMUNICATION -RELATED DISABILITIES;4
8884 (b) UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF5
8985 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND6
9086 IMPLEMENTING REGULATIONS, COLORADO HAS A DUTY TO PROVIDE7
9187 EQUIVALENT ACCESS TO STATE GOVERNMENT AND PUBLIC8
9288 ACCOMMODATIONS TO PEOPLE WITH COMMUNICATION -RELATED9
9389 DISABILITIES. THIS DUTY REQUIRES THE PROVISION OF AUXILIARY10
9490 SERVICES, COMMUNICATIONS TECHNOLOGY EQUIPMENT ,11
9591 TELECOMMUNICATIONS RELAY SERVICES, AND OTHER RESOURCES TO12
9692 ENSURE ACCESS.13
9793 (c) CENTRALIZING AND UNIFYING THE RESOURCES CREATES A COST14
9894 SAVINGS FOR THE STATE, FACILITATES QUALITY CONTROL, AND INCREASES15
9995 THE EFFECTIVENESS OF SERVICES, WHILE INCREASING ACCESS TO THE16
10096 SERVICES FOR FEE PAYERS; AND17
10197 (d) C
10298 OMMUNICATION BETWEEN FEE PAYERS , BOTH FEE PAYERS
10399 18
104100 WITH COMMUNICATION -RELATED DISABILITIES AND THOSE WITHOUT ,19
105101 REQUIRES TELECOMMUNICATION AND ELECTRONIC TECHNOLOGIES AND20
106102 IN-PERSON MEANS TO MEET ALL COMMUNICATION NEEDS .21
107103 (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :22
108104 (a) THE COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES23
109105 ENTERPRISE CREATED IN THIS ARTICLE 21 PROVIDES VALUABLE BUSINESS24
110106 SERVICES TO FEE PAYERS BY:25
111107 (I) COORDINATING THE PROVISION OF, AND ACCESS TO, EFFICIENT26
112108 AND EFFECTIVE SERVICES AND RESOURCES FOR INDIVIDUALS WHO HAVE27
113109 1154
114110 -3- COMMUNICATION NEEDS RELATED TO THEIR DISABILITIES, INCLUDING BY:1
115111 (A) ESTABLISHING AND COORDINATING A COMMUNICATIONS2
116112 TECHNOLOGY PROGRAM TO OBTAIN AND DISTRIBUTE INTERACTIVE3
117113 TELECOMMUNICATIONS AND OTHER COMMUNICATIONS TECHNOLOGY4
118114 EQUIPMENT NEEDED BY INDIVIDUALS WHO HAVE COMMUNICATION NEEDS5
119115 RELATED TO THEIR DISABILITIES TO ASSIST THEM IN COMMUNICATING WITH6
120116 INDIVIDUALS WITH AND WITHOUT THE SAME COMMUNICATION -RELATED7
121117 DISABILITIES;8
122118 (B) ESTABLISHING AND COORDINATING A TELECOMMUNICATIONS9
123119 RELAY SERVICE PROGRAM FOR INDIVIDUALS IN THE STATE WHO ARE DEAF,10
124120 HARD OF HEARING, DEAFBLIND, OR SPEECH DISABLED TO ASSIST THEM IN11
125121 COMMUNICATING WITH FEE PAYERS WITH AND WITHOUT12
126122 COMMUNICATION-RELATED DISABILITIES;13
127123 (C) ARRANGING FOR QUALIFIED AUXILIARY SERVICES FOR THE14
128124 STATE COURT SYSTEM AND FOR RURAL AREAS OF THE STATE FOR15
129125 INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAFBLIND; AND16
130126 (D) APPROVING SIGN LANGUAGE INTERPR ETER CERTIFICATIONS AS17
131127 VALID AND RELIABLE IN THE STATE, THEREBY ENABLING APPROPRIATE18
132128 COMMUNICATION ACCESS SERVICES IN RELATION TO THE WORKFORCE AND19
133129 IN COMMERCE; AND20
134130 (II) COORDINATING AND SUPPORTING THE SERVICES AND21
135131 RESOURCES DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION. THE22
136132 ENTERPRISE AND DIVISION HELP FACILITATE THE ENGAGEMENT OF23
137133 INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAFBLIND OR WHO24
138134 HAVE SPEECH OR OTHER COMMUNICATION-RELATED DISABILITIES IN THE25
139135 WORKFORCE AND IN COMMERCE , THUS PROVIDING BENEFITS TO COLORADO26
140136 BUSINESSES AND THEIR CUSTOMERS THAT BENEFIT FROM THE ECONOMIC27
141137 1154
142138 -4- DEVELOPMENT STIMULATED BY THE WORKFORCE AND COMMERCIAL1
143139 ENGAGEMENT.2
144140 (b) BY PROVIDING THE SERVICES AND RESOURCES DESCRIBED IN3
145141 SUBSECTION (2)(a) OF THIS SECTION, THE ENTERPRISE ENGAGES IN AN4
146142 ACTIVITY THAT IS CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR5
147143 LIVELIHOOD;6
148144 (c) CONSISTENT WITH THE DETERMINATION OF THE COLORADO7
149145 SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8968
150146 P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS9
151147 INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE10
152148 X OF THE STATE CONSTITUTION, THE GENERAL ASSEMBLY CONCLUDES11
153149 THAT THE REVENUE COLLECTED BY THE ENTERPRISE IS GENERATED BY12
154150 FEES, NOT TAXES, BECAUSE THE MONEY CREDITED TO THE ENTERPRISE IS:13
155151 (I) FOR THE SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO14
156152 DEFRAY THE COSTS OF PROVIDING THE SERVICES AND RESOURCES15
157153 DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION;16
158154 (II) COLLECTED AT RATES THAT ARE REASONABLY RELATED TO17
159155 THE COSTS OF THE SERVICES AND RESOURCES PROVIDED BY THE18
160156 ENTERPRISE; AND19
161157 (III) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE20
162158 FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,21
163159 NOT STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION 24-77-10222
164160 (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c),23
165161 AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING24
166162 LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION25
167163 OR THE EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.626
168164 (6)(b)(I)(G).27
169165 1154
170166 -5- (d) NO OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN1
171167 THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE2
172168 ENTERPRISE, AND THE ENTERPRISE WILL GENERATE REVENUE FROM FEES3
173169 AND SURCHARGES OF LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL4
174170 IN ITS FIRST FIVE FISCAL YEARS. ACCORDINGLY, THE CREATION OF THE5
175171 ENTERPRISE DOES NOT REQUIRE VOTER APPROVAL PURSUANT TO SECTION6
176172 24-77-108.7
177173 (e) FOR PURPOSES OF THE LIMIT SET FORTH IN SECTION 24-77-108,8
178174 THE FIRST FISCAL YEAR OF THE ENTERPRISE IS FISCAL YEAR 2024-25.9
179175 SECTION 3. In Colorado Revised Statutes, 26-21-103, amend10
180176 (3), (4.7)(b), and (4.8) introductory portion; repeal (1); and add (2.3),11
181177 (3.5), (4.4), (4.5), (4.6), (8.5), (11), and (12) as follows:12
182178 26-21-103. Definitions. As used in this article 21, unless the13
183179 context otherwise requires:14
184180 (1) "Advisory council" means the Colorado deafblind advisory15
185181 council appointed by the commission in accordance with section16
186182 26-21-105 (2)(f).17
187183 (2.3) "BOARD" MEANS THE BOARD OF DIRECTORS OF THE18
188184 ENTERPRISE APPOINTED PURSUANT TO SECTION 26-21-103.5 (2).19
189185 (3) "Commission" means the Colorado commission for the deaf,20
190186 hard of hearing, and deafblind ADVISORY COUNCIL CREATED PURSUANT21
191187 TO SECTION 26-21-104 (1).22
192188 (3.5) "COMMUNICATION ACCESS REALTIME TRANSLATION" OR23
193189 "CART" HAS THE SAME MEANING AS "COMMUNICATION ACCESS REALTIME24
194190 TRANSLATION (CART) REPORTER", AS SET FORTH IN SECTION 13-90-20225
195191 (5).26
196192 (4.4) "DIVISION" MEANS THE DIVISION FOR THE DEAF, HARD OF27
197193 1154
198194 -6- HEARING, AND DEAFBLIND CREATED IN SECTION 26-21-106 WITHIN THE1
199195 ENTERPRISE.2
200196 (4.5) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR3
201197 PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.4
202198 (4.6) "FUND" MEANS THE COLORADO DIVISION FOR THE DEAF,5
203199 HARD OF HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION6
204200 26-21-107.7
205201 (4.7) "Intervener" means a person who is at least eighteen years8
206202 of age and:9
207203 (b) Has completed or is enrolled in an intervener training
208204 OR
209205 10
210206 CERTIFICATION program and has obtained an intervener certificate or11
211207 provisional intervener certificate THAT IS RECOGNIZED AND ACCEPTED BY12
212208 THE DIVISION;13
213209 (4.8) "Intervener program manager" means a person who has14
214210 demonstrated intervener abilities and can proficiently communicate in the15
215211 functional language of children who are deafblind IS KNOWLEDGEABLE16
216212 ABOUT INTERVENERS, THE DEAFBLIND COMMUNITY , AND PROGRAM17
217213 MANAGEMENT and:18
218214 (8.5) "PREPAID TELEPHONE DISABILITY ACCESS CHARGE" OR19
219215 "CHARGE" MEANS THE CHARGE IMPOSED BY THE ENTERPRISE PURSUANT20
220216 TO SECTION 26-21-103.5 (1)(a)(III).21
221217 (11) "TELECOMMUNICATIONS RELAY SERVICES " MEANS ANY22
222218 TELECOMMUNICATIONS SERVICES THROUGH A THIRD PARTY THAT ALLOW23
223219 AN INDIVIDUAL WHO IS DEAF, HARD OF HEARING, OR DEAFBLIND OR WHO24
224220 HAS A SPEECH DISABILITY TO COMMUNICATE BY ANY COMPATIBLE25
225221 TELECOMMUNICATIONS SERVICE WITH ONE OR MORE INDIVIDUALS IN A26
226222 MANNER THAT IS FUNCTIONALLY EQUIVALENT TO THE ABILITY OF AN27
227223 1154
228224 -7- INDIVIDUAL WHO DOES NOT HAVE A HEARING OR SPEECH DISABILITY .1
229225 (12) "TELEPHONE DISABILITY ACCESS SURCHARGE" OR2
230226 "SURCHARGE" MEANS THE SURCHARGE IMPOSED BY THE ENTERPRISE3
231227 PURSUANT TO SECTION 26-21-103.5 (1)(a)(II).4
232228 SECTION 4. In Colorado Revised Statutes, add 26-21-103.5 as5
233229 follows:6
234230 26-21-103.5. Communication services for people with7
235231 disabilities enterprise - created - board of directors - membership -8
236232 fees imposed - repeal. (1) (a) THE COMMUNICATION SERVICES FOR9
237233 PEOPLE WITH DISABILITIES ENTERPRISE IS CREATED IN THE STATE10
238234 DEPARTMENT FOR THE BUSINESS PURPOSES OF :11
239235 (I) COORDINATING THE PROVISION OF, AND ACCESS TO, EFFICIENT12
240236 AND EFFECTIVE SERVICES AND RESOURCES FOR INDIVIDUALS WHO HAVE13
241237 COMMUNICATION NEEDS RELATED TO THEIR DISABILITIES, INCLUDING14
242238 FUNDING THE DIVISION'S DUTIES, AS DESCRIBED IN SECTION 26-21-106;15
243239 (II) IMPOSING A TELEPHONE DISABILITY ACCESS SURCHARGE ON16
244240 SERVICE USERS, AS DEFINED IN SECTION 40-17-101 (9), IN CONSULTATION17
245241 WITH THE PUBLIC UTILITIES COMMISSION, IN AN AMOUNT NOT TO EXCEED18
246242 FIFTEEN CENTS PER MONTH PER TELEPHONE ACCESS LINE , AS DEFINED IN19
247243 SECTION 40-17-101 (10). THE AMOUNT OF THE SURCHARGE SHALL BE20
248244 REVIEWED AND MAY BE ADJUSTED ONCE PER YEAR. THE AMOUNT OF THE21
249245 SURCHARGE, IN COMBINATION WITH THE PREPAID TELEPHONE DISABILITY22
250246 ACCESS CHARGE, SHALL BE SET AT A RATE REASONABLY RELATED TO THE23
251247 OVERALL COST OF PROVIDING THE SERVICES DESCRIBED IN THIS24
252248 SUBSECTION (1)(a). THE AMOUNT OF THE SURCHARGE IMPOSED PER25
253249 TELEPHONE ACCESS LINE MUST BE UNIFORM , REGARDLESS OF THE26
254250 TECHNOLOGY USED TO PROVIDE THE TELEPHONE ACCESS LINE .27
255251 1154
256252 -8- (III) BEGINNING JANUARY 1, 2026, IMPOSING A PREPAID1
257253 TELEPHONE DISABILITY ACCESS CHARGE ON EACH RETAIL TRANSACTION,2
258254 AS DEFINED IN SECTION 40-17-101 (6), IN AN AMOUNT TO BE ESTABLISHED3
259255 ANNUALLY BY THE ENTERPRISE, IN CONSULTATION WITH THE PUBLIC4
260256 UTILITIES COMMISSION, BUT NOT TO EXCEED FIFTEEN CENTS PER EACH5
261257 RETAIL TRANSACTION IN WHICH PREPAID WIRELESS SERVICE IS PURCHASED6
262258 IN COLORADO. THE AMOUNT OF THE CHARGE SHALL BE REVIEWED AND7
263259 MAY BE ADJUSTED ON JULY 1, 2026, AND ON EACH JULY 1 THEREAFTER.8
264260 T
265261 HE ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF REVENUE OF ANY
266262 9
267263 CHANGE MADE TO THE AMOUNT OF THE CHARGE NO LATER THAN MAY 1510
268264 OF THE YEAR PRECEDING THE YEAR IN WHICH THE AMOUNT CHANGE WILL11
269265 BECOME EFFECTIVE. THE AMOUNT OF THE CHARGE, IN COMBINATION WITH12
270266 THE TELEPHONE DISABILITY ACCESS SURCHARGE, SHALL BE SET AT A RATE13
271267 REASONABLY RELATED TO THE OVERALL COST OF PROVIDING THE14
272268 SERVICES DESCRIBED IN THIS SUBSECTION (1)(a).15
273269 (IV) IN CONSULTATION WITH THE PUBLIC UTILITIES COMMISSION16
274270 AND THE DEPARTMENT OF EDUCATION , ONCE PER YEAR, IF NEEDED,17
275271 ADJUSTING THE PERCENTAGE OF THE TELEPHONE DISABILITY ACCESS18
276272 SURCHARGE AND THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE TO19
277273 BE USED FOR THE COLORADO DIVISION FOR THE DEAF, HARD OF HEARING,20
278274 AND DEAFBLIND CASH FUND AND THE READING SERVICES FOR THE BLIND21
279275 CASH FUND CREATED IN SECTION 24-90-105.5 AND BY THE STATE22
280276 LIBRARIAN FOR THE TALKING BOOK LIBRARY WITHIN THE DEPARTMENT OF23
281277 EDUCATION.24
282278 (b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES25
283279 OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, SO LONG AS26
284280 THE ENTERPRISE RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND27
285281 1154
286282 -9- RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN1
287283 GRANTS FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS2
288284 COMBINED. SO LONG AS IT CONSTITUTES AN ENTERPRISE PURSUANT TO3
289285 THIS SUBSECTION (1)(b), THE ENTERPRISE IS NOT SUBJECT TO SECTION 204
290286 OF ARTICLE X OF THE STATE CONSTITUTION.5
291287 (c) THE BOARD SHALL ADMINISTER THE ENTERPRISE IN6
292288 ACCORDANCE WITH THIS SECTION .7
293289 (d) THE ENTERPRISE MAY ISSUE REVENUE BONDS TO PAY FOR THE8
294290 EXPENSES OF THE ENTERPRISE, WHICH BONDS ARE SECURED BY REVENUE9
295291 OF THE ENTERPRISE.10
296292 (e) T
297293 HE ENTERPRISE MAY ENGAGE THE SERVICES OF CONTRACTORS
298294 11
299295 AND CONSULTANTS FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND12
300296 TO SUPPLY OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF13
301297 THE ENTERPRISE, WITHOUT REGARD TO THE "PROCUREMENT CODE",14
302298 ARTICLES 101 TO 112 OF TITLE 24. THE ENTERPRISE SHALL ENGAGE THE15
303299 ATTORNEY GENERAL 'S OFFICE FOR LEGAL SERVICES . THE STATE16
304300 DEPARTMENT MAY PROVIDE OFFICE SPACE AND STAFF TO THE ENTERPRISE17
305301 PURSUANT TO A FAIR MARKET RATE CONTRACT ENTERED INTO PURSUANT18
306302 TO THIS SUBSECTION (1)(e).19
307303 (f) THE ENTERPRISE SHALL NOT INCREASE THE AMOUNTS OF THE20
308304 TELEPHONE DISABILITY ACCESS SURCHARGE OR THE PREPAID TELEPHONE21
309305 DISABILITY ACCESS CHARGE IN AN AMOUNT THAT CAUSES THE22
310306 CUMULATIVELY COLLECTED FEES TO EXCEED ONE HUNDRED MILLION23
311307 DOLLARS IN THE FIRST FIVE YEARS OF THE ENTERPRISE'S EXISTENCE.24
312308 (2) (a) (I) THE ENTERPRISE SHALL BE GOVERNED BY A BOARD OF25
313309 DIRECTORS APPOINTED BY THE GOVERNOR. THE BOARD MUST NOT EXCEED26
314310 SEVEN MEMBERS AND MUST ALWAYS CONSIST OF AN ODD NUMBER OF27
315311 1154
316312 -10- MEMBERS.1
317313 (II) M
318314 EMBERS OF THE BOARD SERVE THREE -YEAR TERMS; EXCEPT
319315 2
320316 THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE T HAN THREE3
321317 MEMBERS' TERMS EXPIRE IN THE SAME YEAR. THE GOVERNOR SHALL NOT4
322318 APPOINT A MEMBER FOR MORE THAN TWO CONSECUTIVE TERMS .5
323319 (III) B
324320 OARD MEMBERS DO NOT RECEIVE COMPENSATION FOR
325321 6
326322 PERFORMING OFFICIAL DUTIES OF THE BOARD BUT MAY RECEIVE A PER7
327323 DIEM OR REIMBURSEMENT FOR TRAVEL AND OTHER REAS ONABLE AND8
328324 NECESSARY EXPENSES FOR PERFORMING OFFICIAL DUTIES OF THE BOARD .9
329325 T
330326 HE PER DIEM OR REIMBURSEMENT IS PAID FROM THE FUND .
331327 10
332328 (b) (I) THE GOVERNOR SHALL APPOINT MEMBERS OF THE BOARD ON11
333329 OR BEFORE JUNE 30, 2025.12
334330 (II) THIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE JULY 1, 2026.13
335331 (c) (I) THE GOVERNOR SHALL CALL THE FIRST MEETING OF THE14
336332 BOARD ON OR BEFORE OCTOBER 1, 2025.15
337333 (II) THIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2026.16
338334 SECTION 5. In Colorado Revised Statutes, 26-21-104, amend17
339335 (1); and add (5) as follows:18
340336 26-21-104. Commission created - appointments - repeal.19
341337 (1) The Colorado commission for the deaf, hard of hearing, and20
342338 deafblind ADVISORY COUNCIL is created in the STATE department. of21
343339 human services. THE DIVISION IS UNDER THE JURISDICTION OF THE22
344340 COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE .23
345341 The commission is a type 2 entity, as defined in section 24-1-105, and24
346342 exercises its powers and performs its duties and functions under the25
347343 STATE department. of human services. THE DIVISION AND COMMISSION26
348344 SHALL ADVISE THE ENTERPRISE AND STATE AGENCIES REGARDING THE27
349345 1154
350346 -11- PROVISION OF SERVICES AND RESOURCES FOR THE DEAF ,1
351347 HARD-OF-HEARING, AND DEAFBLIND COMMUNITY .2
352348 (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2031.3
353349 BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN4
354350 ACCORDANCE WITH SECTION 2-3-1203.5
355351 SECTION 6. In Colorado Revised Statutes, 26-21-105, amend6
356352 (1); repeal (2)(f); and add (2)(g) and (5) as follows:7
357353 26-21-105. Appointment of division director - division8
358354 procedures - commission's advisory role - repeal. (1) The executive9
359355 director of the department of human services or the executive director's10
360356 designee shall appoint a director of the commission DIVISION. The11
361357 executive director of the department COMMISSION shall provide comment12
362358 and input to the commission on the hiring of the DIVISION director.13
363359 (2) (f) (I) There is created the Colorado deafblind advisory council14
364360 consisting of seven members.15
365361 (II) The advisory council shall advise the commission, state and16
366362 local governments, and other relevant entities on how to increase17
367363 competitive integrated employment as defined in section 8-84-301,18
368364 enlarge economic opportunities, enhance independence and19
369365 self-sufficiency, and improve services for deafblind persons.20
370366 (III) The commission shall appoint initial members to the advisory21
371367 council by July 1, 2019. The commission shall designate four members22
372368 to serve an initial four-year term and three members to serve an initial23
373369 six-year term. After the initial terms, all subsequent appointees serve24
374370 four-year terms. The commission shall appoint a qualified person to fill25
375371 any vacancy on the advisory council for the remainder of any unexpired26
376372 term. The advisory council has the following appointees:27
377373 1154
378374 -12- (A) One member who is deaf and blind;1
379375 (B) One member who is deaf and low vision;2
380376 (C) One member who is hard of hearing and blind;3
381377 (D) One member who is hard of hearing and low vision;4
382378 (E) One member who is latent deafblind;5
383379 (F) One member who is a professional working with the deafblind6
384380 community; and7
385381 (G) One member who is a parent of a deafblind child.8
386382 (g) THE COMMISSION SHALL ADVISE THE DIVISION ON ITS9
387383 FUNCTIONS AND DUTIES AS SET FORTH IN SECTION 26-21-106.10
388384 (5) SUBSECTION (2) OF THIS SECTION AND THIS SUBSECTION (5)11
389385 ARE REPEALED, EFFECTIVE SEPTEMBER 1, 2031. BEFORE THE REPEAL,12
390386 SUBSECTION (2) OF THIS SECTION AND THIS SUBSECTION (5) ARE13
391387 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203. 14
392388 SECTION 7. In Colorado Revised Statutes, 26-21-106, amend15
393389 (1) introductory portion, (1)(d), (1)(e) introductory portion, (1)(e)(I),16
394390 (1)(e)(II), (1)(f), (2), (3), (4) introductory portion, (4)(g)(II) introductory17
395391 portion, (4)(g)(II)(B), (6), (7) introductory portion, (7)(a), (7)(b), (8)18
396392 introductory portion, (8.5), (9)(a) introductory portion, (9)(a)(VIII),19
397393 (9)(b), and (9)(c)(I); repeal (9)(a)(IX); and add (1)(g), (1.5), and (1.7) as20
398394 follows:21
399395 26-21-106. Division for the deaf, hard of hearing, and22
400396 deafblind - creation - powers, functions, and duties - programs -23
401397 report - rules - definitions. (1) THE DIVISION FOR THE DEAF, HARD OF24
402398 HEARING, AND DEAFBLIND IS CREATED IN THE COMMUNICATION SERVICES25
403399 FOR PEOPLE WITH DISABILITIES ENTERPRISE. The powers, functions, and26
404400 duties of the commission DIVISION include:27
405401 1154
406402 -13- (d) Assessing how communications technology has affected the1
407403 needs of THE deaf, hard of hearing, and deafblind, The commission shall2
408404 assess INCLUDING the type and amount of equipment needed by THE deaf,3
409405 hard-of-hearing, and deafblind persons COMMUNITY AND4
410406 SPEECH-DISABLED INDIVIDUALS who qualify under the federal poverty5
411407 guidelines established in accordance with the "Omnibus Budget6
412408 Reconciliation Act of 1981", 42. U.S.C. 9902 (2);7
413409 (e) Assessing the needs of THE deaf, hard-of-hearing, and8
414410 deafblind COMMUNITY and reporting annually to the governor and the9
415411 general assembly any recommendations for legislation or and10
416412 administrative changes that may facilitate or streamline the provision of11
417413 general government services to INDIVIDUALS WHO ARE deaf, hard of12
418414 hearing, and OR deafblind. Notwithstanding section 24-1-136 (11)(a)(I),13
419415 on or before September 1 of each year, the commission must DIVISION14
420416 SHALL file the report required by this subsection (1)(e). In preparing the15
421417 annual report and recommendations, the commission DIVISION shall16
422418 consider the following:17
423419 (I) Whether any existing statutory or administrative provisions18
424420 impede the ability of the commission DIVISION to act as a statewide19
425421 coordinating agency advocating for INDIVIDUALS WHO ARE deaf, hard of20
426422 hearing, and OR deafblind individuals in Colorado; AND21
427423 (II) Any methods, programs, or policies that may improve22
428424 communication AND ENVIRONMENTAL accessibility and quality of existing23
429425 services, promote or deliver necessary new services, and assist state24
430426 agencies in the delivery of services to deaf, hard-of-hearing, and25
431427 deafblind INDIVIDUALS;26
432428 (f) Approving an entity's certification of A sign language27
433429 1154
434430 -14- interpreters INTERPRETER'S CERTIFICATIONS AS VALID AND RELIABLE in1
435431 accordance with section 6-1-707 (1)(e)(I)(B); AND2
436432 (g) COORDINATING THE PROVISION OF A TELECOMMUNICATIONS3
437433 RELAY SERVICE PROGRAM FOR INDIVIDUALS IN THE STATE WHO ARE DEAF,4
438434 HARD OF HEARING, OR DEAFBLIND OR SPEECH-DISABLED. IN DOING SO,5
439435 THIS SERVICE SHALL:6
440436 (I) CONFORM WITH SECTION 401 OF THE FEDERAL "AMERICANS7
441437 WITH DISABILITIES ACT OF 1990", 47 U.S.C. SEC. 225, INCLUDING THE8
442438 PROVISION FOR STATE APPLICATION TO THE FEDERAL COMMUNICATIONS9
443439 COMMISSION FOR CERTIFICATION;10
444440 (II) MEET OR EXCEED ALL OPERATIONAL, TECHNICAL, AND11
445441 FUNCTIONAL MINIMUM STANDARDS IN FEDERAL COMMUNICATIONS12
446442 COMMISSION REGULATIONS GOVERNING TELECOMMUNICATION RELAY13
447443 SERVICES UNDER 47 CFR 64 SUBPART F AND 47 CFR 9 SUBPART E. 14
448444 (1.5) (a) ON AND AFTER JUNE 30, 2025, THE RIGHTS, POWERS,15
449445 DUTIES, AND FUNCTIONS REGARDING THE TELECOMMUNICATIONS RELAY16
450446 SERVICES VESTED IN THE PUBLIC UTILITIES COMMISSION PRIOR TO THAT17
451447 DATE ARE TRANSFERRED FROM THE PUBLIC UTILITIES COMMISSION TO THE18
452448 DIVISION FOR THE DIVISION TO PERFORM THE FUNCTIONS DESCRIBED IN19
453449 SUBSECTION (1)(g) OF THIS SECTION.20
454450 (b) (I) ON AND AFTER JUNE 30, 2025, WHENEVER ANY PROVISION21
455451 OF LAW REFERS TO THE PUBLIC UTILITIES COMMISSION IN CONNECTION22
456452 WITH THE FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS23
457453 SUBSECTION (1.5), THE LAW SHALL BE CONSTRUED AS REFERRING TO THE24
458454 DIVISION.25
459455 (II) ANY CONTRACT ENTERED INTO BY THE PUBLIC UTILITIES26
460456 COMMISSION PRIOR TO JUNE 30, 2025, IN CONNECTION WITH THE27
461457 1154
462458 -15- FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS1
463459 SUBSECTION (1.5) IS VALIDATED, WITH THE DIVISION SUCCEEDING TO ALL2
464460 RIGHTS AND OBLIGATIONS UNDER THE CONTRACT .3
465461 (III) ON AND AFTER JUNE 30, 2025, THE DIVISION SHALL SATISFY4
466462 ANY OBLIGATIONS INCURRED BY THE PUBLIC UTILITIES COMMISSION, BUT5
467463 NOT YET PAID, IN CONNECTION WITH THE FUNCTIONS TRANSFERRED TO THE6
468464 DIVISION PURSUANT TO THIS SUBSECTION (1.5).7
469465 (1.7) PURSUANT TO A CONTRACT ENTERED INTO BETWEEN THE8
470466 DIVISION DIRECTOR AND THE BOARD AND WITHOUT REGARD TO THE9
471467 "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, THE DIVISION10
472468 SHALL PROVIDE ADMINISTRATIVE, PROFESSIONAL, AND TECHNICAL STAFF11
473469 TO ASSIST THE BOARD WITH THE CONDUCT OF THE AFFAIRS OF THE12
474470 ENTERPRISE.13
475471 (2) The commission DIVISION shall consider the findings of any14
476472 study authorized under this section and may approve, disapprove, or15
477473 amend the findings. After consideration of the findings, the commission16
478474 DIVISION shall submit a report with recommendations, including proposed17
479475 legislation, if necessary, to the governor and to the general assembly. The18
480476 commission DIVISION shall submit the report annually, notwithstanding19
481477 section 24-1-136 (11)(a)(I), and may combine the report with, or include20
482478 the report as a part of, the annual report prepared under subsection (1)(e)21
483479 of this section.22
484480 (3) The commission DIVISION shall establish and coordinate a23
485481 communications technology program that is consistent with the findings24
486482 of subsection (1) of this section to obtain and distribute interactive25
487483 telecommunications and other communications technology equipment26
488484 needed by INDIVIDUALS WHO ARE deaf, hard of hearing, and OR deafblind27
489485 1154
490486 -16- persons OR SPEECH-DISABLED.1
491487 (4) The commission DIVISION, in collaboration with the judicial2
492488 department, shall arrange for auxiliary services FOR DEAF,3
493489 HARD-OF-HEARING, AND DEAFBLIND INDIVIDUALS for the state court4
494490 system. Arranging auxiliary services for the state court system includes:5
495491 (g) (II) For the purposes of AS USED IN this subsection (4)(g):6
496492 (B) "Qualified interpreter" means a person AN INDIVIDUAL who7
497493 has a valid certification of competency accepted by the commission8
498494 DIVISION and includes but is not limited to, oral interpreters, sign9
499495 language interpreters, and intermediary interpreters.10
500496 (6) The commission DIVISION shall establish and maintain11
501497 outreach and consulting services to improve and ensure effective access12
502498 to auxiliary services by critical state and local government agencies,13
503499 private agencies, and other entities. The commission DIVISION shall also14
504500 use these services to increase awareness of the programs funded by the15
505501 Colorado telephone users with disabilities fund established pursuant to16
506502 section 40-17-104 THAT THE DIVISION FUNDS AND ADMINISTERS FOR THE17
507503 PUBLIC.18
508504 (7) The commission's DIVISION'S outreach and consulting services19
509505 include the following duties:20
510506 (a) Provide resources to DEAF, HARD-OF-HEARING, AND DEAFBLIND21
511507 individuals who have encountered barriers to obtaining necessary22
512508 services;23
513509 (b) Assist DEAF, HARD-OF-HEARING, AND DEAFBLIND individuals24
514510 in understanding and accessing services that may be available to them;25
515511 (8) The commission DIVISION shall maintain a community access26
516512 program for one-on-one system navigating services to ensure resources27
517513 1154
518514 -17- are available to DEAF, HARD-OF-HEARING, AND DEAFBLIND individuals and1
519515 to protect each person's INDIVIDUAL'S right to effective communication2
520516 and access to environmental information. The community access program3
521517 must include the following:4
522518 (8.5) Community intervener program. (a) On or before October5
523519 1, 2023, the commission THE DIVISION shall establish a family and6
524520 community intervener program. The family and community intervener7
525521 program shall work with children
526522 AND ADULTS who are deafblind WITH
527523 8
528524 ADDITIONAL COGNITIVE DISABILITIES to facilitate critical connections9
529525 between the child INDIVIDUAL and the child's INDIVIDUAL'S family,10
530526 community, and environment. The family and community intervener11
531527 program must include but need not be limited to, access to a family and12
532528 community intervener with specific training in deafblindness, strategies13
533529 to build language and communication skills, and intervention strategies.14
534530 The intervener shall:15
535531 (I) Work one-on-one with a child AN INDIVIDUAL who is deafblind16
536532 in order to facilitate critical connections between the child INDIVIDUAL17
537533 and the child's THEIR community, family, and environment;18
538534 (II) Open channels of communication between the child 19
539535 INDIVIDUALS and others THROUGH AN INDIVIDUALIZED AND MULTIMODAL20
540536 APPROACH;21
541537 (III) Facilitate the development or use of receptive and expressive22
542538 communication skills by the child;23
543539 (IV) (III) Develop and maintain a trusting, interactive relationship24
544540 with the child INDIVIDUAL that promotes social and emotional well-being;25
545541 and26
546542 (V) (IV) Provide the child INDIVIDUAL with opportunities for27
547543 1154
548544 -18- learning and development in the community and at home.1
549545 (b) The commission DIVISION shall hire an A FAMILY AND2
550546 COMMUNITY intervener program manager to direct services for children3
551547 AND ADULTS who are deafblind WITH ADDITIONAL COGNITIVE4
552548 DISABILITIES, PHYSICAL DISABILITIES, OR BOTH and ensure that an5
553549 intervener:6
554550 (I) Works PROVIDES INDIVIDUALIZED SERVICES, WORKING with no7
555551 more than one child INDIVIDUAL at a GIVEN time;8
556552 (II) Instructs and supports the child INDIVIDUAL in skills related9
557553 to community involvement;10
558554 (III) Transports the child to gain access to community services and11
559555 resources;12
560556 (IV) (III) Provides communication and information to the child13
561557 INDIVIDUAL concerning the child's INDIVIDUAL'S environment that14
562558 otherwise would be available through vision and hearing;
563559 AND
564560 15
565561 (V) Uses interpersonal communication, including sign language,16
566562 speech, tangible communication symbols, gestures, calendars, and17
567563 augmentative communication devices;18
568564 (VI) Makes sights, sounds, and activities accessible to the child19
569565 by learning the child's specific communication system; and20
570566 (VII) (IV) Forms a working alliance with the deafblind child's21
571567 INDIVIDUAL'S family members, neighbors, community organizations, and22
572568 professionals with whom the child INDIVIDUAL has contact.23
573569 (c) The intervener program manager shall document the following24
574570 outcomes for intervener services in the child's record: ANNUALLY ASSESS25
575571 THE EFFECTIVENESS OF INTERVENER SERVICES FOR EACH INDIVIDUAL . IN26
576572 ADDITION, THE INTERVENER PROGRAM MANAGER SHALL , AS APPROPRIATE,27
577573 1154
578574 -19- COLLABORATE WITH OTHER ENTITIES THAT PROVIDE RELATED SERVICES .1
579575 (I) Whether the child is effectively communicating wants and2
580576 needs to the child's intervener; and3
581577 (II) Whether the child is actively participating in community4
582578 activities and activities of daily living to the extent of the child's ability.5
583579 (d) The intervener program manager and intervener shall6
584580 collaborate with other state agencies as appropriate that provide direct or7
585581 indirect services to children who are deafblind and their families to8
586582 identify potential additional services or opportunities for children who are9
587583 deafblind.10
588584 (9) (a) The commission DIVISION shall arrange for the provision11
589585 of auxiliary services in rural areas of the state by performing the12
590586 following functions:13
591587 (VIII) Establishing, monitoring, and publishing on the14
592588 commission's public website a list of available CART providers and15
593589 qualified interpreters, as defined in subsections (4)(g)(II)(A) and16
594590 (4)(g)(II)(B) of this section, respectively, who are willing to work in rural17
595591 areas for persons INDIVIDUALS who are deaf, hard of hearing, or18
596592 deafblind; AND19
597593 (IX) Creating an advisory council to make recommendations to20
598594 the commission about the provision of auxiliary services in rural areas;21
599595 and22
600596 (b) The executive director BOARD shall promulgate ADOPT rules23
601597 in consultation with or as proposed by, the commission DIVISION, WITH24
602598 INPUT FROM THE COMMISSION and the deaf, hard of hearing, and deafblind25
603599 community, regarding implementation of this subsection (9). The rules26
604600 must define the term "rural area".27
605601 1154
606602 -20- (c) (I) On or before November 1, 2022, and on or before1
607603 November 1 of each year thereafter, the commission DIVISION shall2
608604 submit a report to the joint budget committee summarizing the3
609605 commission's DIVISION'S implementation of the program described in this4
610606 subsection (9) over the previous twelve months.5
611607 SECTION 8. In Colorado Revised Statutes, 26-21-107, amend6
612608 (1) as follows:7
613609 26-21-107. Colorado division for the deaf, hard of hearing,8
614610 and deafblind cash fund - creation - gifts, grants, and donations -9
615611 reimbursement. (1) (a) There is hereby created in the state treasury the10
616612 Colorado commission DIVISION for the deaf, hard of hearing, and11
617613 deafblind cash fund. All money credited to the fund must, PURSUANT TO12
618614 SECTION 26-21-103.5 (1)(a)(IV), be used exclusively for the13
619615 administration and discharge of THE DUTIES OF THE ENTERPRISE,14
620616 COMMISSION MEMBERS, AND DIVISION STAFF UNDER this article 21. All15
621617 UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT16
622618 THE END OF A FISCAL YEAR AND ALL money credited to the fund and any17
623619 interest earned from the investment of money in the fund remains in the18
624620 fund and does not revert to the general fund or any other fund at the end19
625621 of any fiscal year.20
626622 (b) S
627623 UBJECT TO ANNUAL APPROPRIATION FROM THE GENERAL
628624 21
629625 ASSEMBLY, THE ENTERPRISE MAY EXPEND MONEY FROM THE COLORADO22
630626 DIVISION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND CASH FUND23
631627 FOR THE PURPOSES SET FORTH IN SECTION 26-21-103.5 AND TO PAY THE24
632628 ENTERPRISE'S REASONABLE AND NECESSARY OPERATING EXPENSES25
633629 .SECTION 9. In Colorado Revised Statutes, 26-21-107.5, amend26
634630 (1), (2), and (7) as follows:27
635631 1154
636632 -21- 26-21-107.5. Colorado division for the deaf, hard of hearing,1
637633 and deafblind grant program - creation - standards - applications -2
638634 definition. (1) The Colorado commission DIVISION for the deaf, hard of3
639635 hearing, and deafblind grant program is hereby established to provide4
640636 funding for entities to address IMPROVE COMMUNICATION BETWEEN FEE5
641637 PAYERS BY ADDRESSING the needs of Colorado's INDIVIDUALS WHO ARE6
642638 deaf, hard-of-hearing, or HARD OF HEARING, AND deafblind. individuals.7
643639 (2) (a) The Colorado commission DIVISION for the deaf, hard of8
644640 hearing, and deafblind grant program committee appointed pursuant to9
645641 section 26-21-107.7 shall administer the grant program as provided in10
646642 section 26-21-107.7.11
647643 (b) The commission DIVISION shall pay the grants awarded12
648644 through the grant program from money appropriated by the general13
649645 assembly.14
650646 (c) Subject to available money, the general assembly shall15
651647 appropriate to the commission DIVISION no more than fifty thousand16
652648 dollars annually to administer the grant program.17
653649 (7) Grantees shall comply with reporting requirements established18
654650 by the commission DIVISION.19
655651 SECTION 10. In Colorado Revised Statutes, 26-21-107.7,20
656652 amend (1)(a.5)(I), (1)(a.5)(II) introductory portion, (1)(c), (1)(d), (1)(e),21
657653 (2), and (3); and repeal (1)(a.5)(III) as follows:22
658654 26-21-107.7. Colorado division for the deaf, hard of hearing,23
659655 and deafblind grant program committee - creation - members - duties24
660656 - reimbursement for expenses. (1) (a.5) (I) There is hereby created the25
661657 Colorado commission DIVISION for the deaf, hard of hearing, and26
662658 deafblind grant program committee, referred to in this section as the27
663659 1154
664660 -22- "committee", consisting of five members, for the purpose of1
665661 recommending to the commission DIVISION approval or disapproval of2
666662 applications for the grant program.3
667663 (II) The commission DIVISION shall appoint four members to the4
668664 committee as follows:5
669665 (III) This subsection (1)(a.5) is effective September 1, 2018, and6
670666 applies to appointments to the committee on or after September 1, 2018.7
671667 All initial appointments in accordance with this subsection (1)(a.5) must8
672668 be made by September 30, 2018.9
673669 (c) In appointing members to the committee, the commission10
674670 DIVISION shall choose persons INDIVIDUALS who have knowledge and11
675671 awareness of innovative strategies that address challenges faced by the12
676672 deaf, hard-of-hearing, and deafblind community AND SPEECH-DISABLED13
677673 COMMUNITIES.14
678674 (d) The appointed members of the committee shall serve15
679675 three-year terms. except that, of the members first appointed, one of the16
680676 members shall serve a two-year term and two of the members shall serve17
681677 one-year terms. The commission shall choose those members who shall18
682678 serve the initial shortened terms. If a vacancy arises in one of the19
683679 appointed positions, the commission DIVISION shall appoint a replacement20
684680 to fill the vacancy for the remainder of the term.21
685681 (e) Members of the committee are entitled to be reimbursed out22
686682 of available appropriations for all actual and necessary expenses incurred23
687683 in the performance of their duties.24
688684 (2) The committee shall review all applications received pursuant25
689685 to section 26-21-107.5. Based on criteria established by the commission26
690686 DIVISION, the committee shall recommend to the commission DIVISION27
691687 1154
692688 -23- those applications to approve, with recommended grant amounts, and1
693689 those to disapprove.2
694690 (3) The commission DIVISION shall review and may follow the3
695691 recommendations of the committee for approval or disapproval of4
696692 applications for the grant program and for grant amounts. If the5
697693 commission DIVISION disagrees with the recommendations of the6
698694 committee, the executive director of the department shall have DIVISION7
699695 HAS final decision-making authority to approve or disapprove the8
700696 applications and to set the grant amounts.9
701697 SECTION 11. In Colorado Revised Statutes, add 26-21-107.9 as10
702698 follows:11
703699 26-21-107.9. Rules. THE BOARD MAY ADOPT RULES AS NECESSARY12
704700 TO IMPLEMENT THIS ARTICLE 21.13
705701 SECTION 12. In Colorado Revised Statutes, repeal 26-21-10814
706702 as follows:15
707703 26-21-108. Repeal of article - sunset review. (1) This article 2116
708704 is repealed, effective September 1, 2031.17
709705 (2) Prior to the repeal, the commission shall be reviewed as18
710706 provided for in section 24-34-104, C.R.S.19
711707 SECTION 13. In Colorado Revised Statutes, 24-90-105.5,20
712708 amend (5) as follows:21
713709 24-90-105.5. Literacy support services for persons who are22
714710 blind or print-disabled - authority of state librarian - fund. (5) The23
715711 general assembly recognizes the importance of privately operated reading24
716712 services to enable persons who are blind or print-disabled to gain access25
717713 to otherwise inaccessible print materials. The state librarian has the26
718714 authority to administer money in the reading services for the blind cash27
719715 1154
720716 -24- fund, which FUND is created in the state treasury, PURSUANT TO SECTION1
721717 26-21-103.5 (1)(a)(IV), for the support of privately operated reading2
722718 services. The fund consists of any public or private money transferred,3
723719 appropriated, or otherwise credited to the fund. All money credited to the4
724720 fund and all interest earned on the investment of money in the fund is a5
725721 part of the fund and must not be transferred or credited to the general6
726722 fund or to any other fund except as directed by the general assembly7
727723 acting by bill. The general assembly shall make annual appropriations8
728724 from the reading services for the blind cash fund to the state librarian to9
729725 carry out the purposes of this section.10
730726 SECTION 14. In Colorado Revised Statutes, 29-11-102.7,11
731727 amend (2)(a); and add (6) as follows:12
732728 29-11-102.7. Imposition of telecommunications relay service13
733729 surcharge on prepaid wireless - rules - definitions - repeal.14
734730 (2) (a) F
735731 OR RETAIL TRANSACTIONS MADE PRIOR TO JANUARY 1, 2026, a
736732 15
737733 prepaid wireless TRS charge of one-tenth of one percent of the price of16
738734 the retail transaction is hereby imposed on each retail transaction.17
739735 (6) T
740736 HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.
741737 18
742738 SECTION 15. In Colorado Revised Statutes, repeal and reenact,19
743739 with amendments, article 17 of title 40 as follows:20
744740 ARTICLE 1721
745741 Telephone Disability Access22
746742 40-17-101. Definitions. AS USED IN THIS ARTICLE 17, UNLESS THE23
747743 CONTEXT OTHERWISE REQUIRES :24
748744 (1) "COMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION25
749745 CREATED IN SECTION 40-2-101.26
750746 (2) "CONSUMER" MEANS A PERSON WHO PURCHASES PREPAID27
751747 1154
752748 -25- WIRELESS TELECOMMUNICATIONS SERVICE IN A RETAIL TRANSACTION .1
753749 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE .2
754750 (4) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR3
755751 PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.4
756752 (5) "PREPAID TELEPHONE DISABILITY ACCESS CHARGE" OR5
757753 "CHARGE" MEANS THE CHARGE IMPOSED BY THE COMMUNICATION6
758754 SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE PURSUANT TO7
759755 SECTION 26-21-103.5 (1)(a)(III).8
760756 (6) "RETAIL TRANSACTION" MEANS THE PURCHASE OF PREPAID9
761757 WIRELESS TELECOMMUNICATIONS SERVICE FROM A SELLER FOR ANY10
762758 PURPOSE OTHER THAN RESALE .11
763759 (7) "SELLER" MEANS A PERSON THAT SELLS PREPAID WIRELESS12
764760 TELECOMMUNICATIONS SERVICES TO ANOTHER PERSON .13
765761 (8) "SERVICE SUPPLIER" MEANS A PERSON PROVIDING VOICE14
766762 TELEPHONE ACCESS LINES TO ANY SERVICE USER IN THE STATE, EITHER15
767763 DIRECTLY OR BY RESALE.16
768764 (9) "SERVICE USER" MEANS A PERSON THAT IS PROVIDED A VOICE17
769765 TELEPHONE ACCESS LINE IN THE STATE.18
770766 (10) "TELEPHONE ACCESS LINE" MEANS A VOICE GRADE CHANNEL19
771767 OR ITS EQUIVALENT ASSIGNED TO A RESIDENTIAL OR COMMERCIAL END20
772768 USER CUSTOMER BY A SERVICE SUPPLIER , REGARDLESS OF THE21
773769 TECHNOLOGY USED TO PROVIDE THE SERVICE .22
774770 (11) "TELEPHONE DISABILITY ACCESS SURCHARGE" OR23
775771 "SURCHARGE" MEANS THE SURCHARGE IMPOSED BY THE COMMUNICATION24
776772 SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE PURSUANT TO25
777773 SECTION 26-21-103.5 (1)(a)(II).26
778774 40-17-102. Telephone disability access surcharges collected for27
779775 1154
780776 -26- the enterprise - Colorado telephone users with disabilities fund -1
781777 created - remittance - rules. (1) THE COMMISSION SHALL COLLECT, ON2
782778 BEHALF OF THE COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES3
783779 ENTERPRISE, THE TELEPHONE DISABILITY ACCESS SURCHARGE TO FUND4
784780 THE ENTERPRISE. THE COMMISSION SHALL COLLABORATE WITH THE5
785781 ENTERPRISE TO ESTABLISH THE AMOUNT OF THE SURCHARGE ONCE PER6
786782 YEAR.7
787783 (2) (a) EACH SERVICE SUPPLIER SHALL COLLECT THE SURCHARGE8
788784 FROM ITS SERVICE USERS. THE SURCHARGE IS THE LIABILITY OF THE9
789785 SERVICE USER AND NOT OF THE SERVICE SUPPLIER; EXCEPT THAT THE10
790786 SERVICE SUPPLIER IS LIABLE TO REMIT ALL SURCHARGES THAT THE11
791787 SERVICE SUPPLIER COLLECTS FROM SERVICE USERS .12
792788 (b) THE SURCHARGE SHALL BE LISTED AS A SEPARATE ITEM THAT13
793789 APPEARS ON A SERVICE USER'S MONTHLY BILLING STATEMENT .14
794790 (3) (a) THE SERVICE SUPPLIER SHALL REMIT THE COLLECTED15
795791 SURCHARGES TO THE COMMISSION ON A MONTHLY BASIS IN A MANNER16
796792 ESTABLISHED BY THE COMMISSION. THE COMMISSION SHALL ESTABLISH17
797793 REMITTANCE PROCEDURES BY RULE. A SERVICE SUPPLIER IS SUBJECT TO18
798794 THE PENALTIES AND PROCEDURES SET FORTH IN SECTION 40-17-103 FOR19
799795 THE FAILURE TO COLLECT OR CORRECTLY REMIT A SURCHARGE IN20
800796 ACCORDANCE WITH THIS SECTION .21
801797 (b) A SERVICE SUPPLIER MAY DEDUCT AND RETAIN ONE PERCENT22
802798 OF THE SURCHARGES THAT ARE COLLECTED BY THE SERVICE SUPPLIER23
803799 FROM ITS SERVICE USERS.24
804800 (c) (I) THE STATE TREASURER SHALL CREDIT THE SURCHARGE25
805801 COLLECTIONS REMITTED TO THE COMMISSION PURSUANT TO SUBSECTION26
806802 (3)(a) OF THIS SECTION TO THE COLORADO DIVISION FOR THE DEAF, HARD27
807803 1154
808804 -27- OF HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION 26-21-1071
809805 (1). ANY SURCHARGE TRANSMITTED TO THE STATE TREASURER THAT IS2
810806 COLLECTED ON BEHALF OF THE ENTERPRISE IS EXCLUDED FROM STATE3
811807 FISCAL YEAR SPENDING.4
812808 (II) THE COMMISSION MAY RETAIN UP TO FOUR PERCENT OF THE5
813809 COLLECTED SURCHARGES NECESSARY TO REIMBURSE THE COMMISSION FOR6
814810 ITS DIRECT AND INDIRECT COSTS OF ADMINISTERING THE COLLECTION AND7
815811 REMITTANCE OF SURCHARGES FOR THE ENTERPRISE , INCLUDING COSTS8
816812 RELATED TO CONDUCTING AUDITS OF SERVICE SUPPLIERS IN ACCORDANCE9
817813 WITH SECTION 40-17-103. MONEY THAT THE COMMISSION RETAINS10
818814 PURSUANT TO THIS SUBSECTION (3)(c)(II) SHALL BE CREDITED TO THE11
819815 C
820816 OLORADO TELEPHONE USERS WITH DISABILITIES FUND , WHICH FUND IS
821817 12
822818 CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY13
823819 CREDITED TO THE FUND PURSUANT TO THIS SUBSECTION (3)(c)(II) AND14
824820 ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR15
825821 TRANSFER TO THE FUND . THE STATE TREASURER SHALL CREDIT ALL16
826822 INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF17
827823 MONEY IN THE COLORADO TELEPHONE USERS WITH DISABILITIES FUND TO18
828824 THE FUND.19
829825 (4) THE SURCHARGE IMPOSED BY THE ENTERPRISE PURSUANT TO20
830826 SECTION 26-21-103.5 (1)(a)(II) IS THE ONLY DIRECT COMMUNICATION21
831827 SERVICES FOR PEOPLE WITH DISABILITIES FUNDING OBLIGATION IMPOSED22
832828 UPON SERVICE USERS IN THE STATE. NO TAX, FEE, SURCHARGE, OR OTHER23
833829 CHARGE TO FUND THE ENTERPRISE IS IMPOSED BY THE STATE , ANY24
834830 POLITICAL SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL25
835831 AGENCY UPON A SELLER OR CONSUMER WITH RESPECT TO THE SALE,26
836832 PURCHASE, USE, OR PROVISION OF A TELEPHONE ACCESS LINE IN THE27
837833 1154
838834 -28- STATE.1
839835 (5) THIS SECTION DOES NOT APPLY TO PREPAID WIRELESS2
840836 TELECOMMUNICATIONS SERVICES .3
841837 (6) THE TELEPHONE DISABILITY ACCESS SURCHARGE SHALL NOT BE4
842838 IMPOSED ON THE SERVICE SUPPLIER OR THE SERVICE USERS WITH RESPECT5
843839 TO FEDERALLY SUPPORTED LIFELINE SERVICE .6
844840 40-17-103. Service supplier obligations - penalties - audits -7
845841 rules. (1) EVERY SERVICE SUPPLIER SHALL COLLECT THE TELEPHONE8
846842 DISABILITY ACCESS SURCHARGE FROM ITS SERVICE USERS .9
847843 (2) A SERVICE SUPPLIER IS LIABLE ONLY FOR THE SURCHARGE10
848844 COLLECTED PURSUANT TO THIS ARTICLE 17 UNTIL THE SURCHARGE IS11
849845 REMITTED TO THE COMMISSION. THE AMOUNT REMITTED BY THE SERVICE12
850846 SUPPLIER MUST REFLECT THE ACTUAL COLLECTIONS BASED ON THE13
851847 ACTUAL TELEPHONE ACCESS LINE BILLED .14
852848 (3) A SERVICE SUPPLIER SHALL REMIT THE SURCHARGE IN15
853849 ACCORDANCE WITH SECTION 40-17-102 AND RULES ADOPTED BY THE16
854850 COMMISSION.17
855851 (4) (a) THE SERVICE SUPPLIER SHALL MAINTAIN A RECORD OF THE18
856852 AMOUNT OF EACH SURCHARGE COLLECTED AND REMITTED BY THE SERVICE19
857853 USER ADDRESS FOR A PERIOD OF THREE YEARS AFTER THE TIME THE20
858854 CHARGE IS COLLECTED AND REMITTED .21
859855 (b) IF A SERVICE SUPPLIER FAILS TO TIMELY FILE A REPORT AND22
860856 REMIT THE SURCHARGE AS REQUIRED BY THIS SECTION, OR IF A SERVICE23
861857 SUPPLIER FILES AN INCORRECT REPORT OR FAILS TO REMIT THE CORRECT24
862858 AMOUNT, THE COMMISSION SHALL ESTIMATE THE AMOUNT OF THE25
863859 REMITTANCE DUE FOR THE PERIOD OR PERIODS FOR WHICH THE SERVICE26
864860 SUPPLIER IS DELINQUENT. THE COMMISSION SHALL MAKE THE ESTIMATE27
865861 1154
866862 -29- BASED ON THE INFORMATION AVAILABLE. THE COMMISSION SHALL1
867863 COMPUTE AND ASSESS A PENALTY EQUAL TO FIFTEEN PERCENT OF THE2
868864 ESTIMATE OF THE DELINQUENT AMOUNT AND SHALL ASSESS INTEREST ON3
869865 THE DELINQUENT CHARGES AT THE RATE OF ONE PERCENT EACH MONTH4
870866 FROM THE DATE WHEN DUE UNTIL THE DATE PAID .5
871867 (c) EXCEPT AS PROVIDED IN THIS SECTION AND UNLESS SUCH TIME6
872868 IS EXTENDED BY AGREEMENT PURSUANT TO SUBSECTION (4)(d) OF THIS7
873869 SECTION, THE AMOUNT OF A DELINQUENT REMITTANCE AND THE PENALTY8
874870 AND INTEREST OWED PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION,9
875871 OTHER THAN INTEREST ACCRUING THEREAFTER, SHALL BE ASSESSED10
876872 WITHIN THREE YEARS AFTER THE DATE THE INCORRECT REPORT WAS FILED11
877873 OR THE DELINQUENT REPORT WAS TO BE FILED. THE COMMISSION SHALL12
878874 NOT FILE A NOTICE OF LIEN, ISSUE A DISTRAINT WARRANT, INSTITUTE A13
879875 SUIT FOR COLLECTION, OR TAKE OTHER ACTION TO COLLECT THE AMOUNT14
880876 AFTER THE EXPIRATION OF SUCH PERIOD UNLESS THE COMMISSION ISSUES15
881877 A NOTICE OF ASSESSMENT FOR THE AMOUNT WITHIN SUCH PERIOD OR16
882878 WITHIN AN EXTENDED PERIOD PURSUANT TO SUBSECTION (4)(d) OF THIS17
883879 SECTION.18
884880 (d) IF, BEFORE THE EXPIRATION OF THE TIME PRESCRIBED FOR THE19
885881 ASSESSMENT OF DELINQUENT AMOUNTS IN SUBSECTION (4)(c) OF THIS20
886882 SECTION, THE COMMISSION AND THE SERVICE SUPPLIER CONSENT IN21
887883 WRITING TO AN ASSESSMENT AFTER SUCH TIME , THE AMOUNT22
888884 CALCULATED IN ACCORDANCE WITH SUBSECTION (4)(b) OF THIS SECTION23
889885 MAY BE ASSESSED AT ANY TIME PRIOR TO THE EXPIRATION OF THE PERIOD24
890886 AGREED UPON. THE PERIOD AGREED UPON MAY BE EXTENDED BY25
891887 SUBSEQUENT AGREEMENTS IN WRITING MADE BEFORE THE EXPIRATION OF26
892888 THE PERIOD PREVIOUSLY AGREED UPON. THE COMMISSION MAY FILE A LIEN27
893889 1154
894890 -30- AGAINST THE PROPERTY OF THE SERVICE SUPPLIER FOR UP TO ONE YEAR1
895891 AFTER THE EXPIRATION OF ANY SUCH PERIOD, UNLESS OTHERWISE2
896892 SPECIFICALLY PROVIDED IN THIS ARTICLE 17.3
897893 (e) THE COMMISSION MAY CONDUCT AN AUDIT OF A SERVICE4
898894 SUPPLIER'S BOOKS AND RECORDS CONCERNING THE COLLECTION AND5
899895 REMITTANCE OF THE CHARGES AUTHORIZED UNDER THIS ARTICLE 17. A6
900896 PUBLIC INSPECTION OF THE AUDIT AND OF DOCUMENTS REVIEWED IN THE7
901897 AUDIT IS SUBJECT TO SECTION 24-72-204. THE COMMISSION IS8
902898 RESPONSIBLE FOR EXPENSES THE COMMISSION MAY INCUR TO CONDUCT9
903899 THE AUDIT. IN CONNECTION WITH AUDITS PERFORMED, SERVICE SUPPLIERS10
904900 SHALL MAKE RELEVANT RECORDS AVAILABLE TO THE AUDITORS AT NO11
905901 CHARGE. THE COMMISSION SHALL ADOPT RULES GOVERNING THE AUDIT12
906902 AND APPEAL PROCEDURES.13
907903 (f) THE COMMISSION SHALL DEPOSIT ANY PENALTIES COLLECTED14
908904 OR INTEREST IN THE COLORADO DIVISION FOR THE DEAF, HARD OF15
909905 HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION 26-21-107 (1).16
910906 40-17-104. Prepaid telephone disability access charges17
911907 collected for the enterprise - prepaid telephone disability access18
912908 charge cash fund - created - remittance - rules. (1) (a) ON AND AFTER19
913909 J
914910 ANUARY 1, 2026, EVERY
915911 SELLER SHALL COLLECT, ON BEHALF OF THE20
916912 ENTERPRISE, THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE FROM21
917913 THE CONSUMER ON EACH RETAIL TRANSACTION OCCURRING IN THE STATE.22
918914 THE AMOUNT OF THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE23
919915 SHALL BE DISCLOSED TO THE CONSUMER ON AN INVOICE, A RECEIPT, OR24
920916 OTHER SIMILAR DOCUMENT THAT THE SELLER PROVIDES TO THE25
921917 CONSUMER. A SELLER SHALL ELECT TO EITHER DISCLOSE OR SEPARATELY26
922918 STATE THE CHARGE AND NOT CHANGE THE ELECTION WITHOUT THE27
923919 1154
924920 -31- WRITTEN CONSENT OF THE DEPARTMENT. THE SELLER IS DEEMED TO HAVE1
925921 COLLECTED THE CHARGE NOTWITHSTANDING THE SELLER 'S FAILURE TO2
926922 SEPARATELY DISCLOSE OR STATE THE CHARGE ON AN INVOICE, A RECEIPT,3
927923 OR OTHER SIMILAR DOCUMENT THAT THE SELLER PROVIDES THE4
928924 CONSUMER. 5
929925 (b) FOR PURPOSES OF THIS SECTION, A RETAIL TRANSACTION6
930926 OCCURS IN COLORADO IF:7
931927 (I) THE CONSUMER EFFECTS THE RETAIL TRANSACTION IN PERSON8
932928 AT A BUSINESS LOCATION IN COLORADO;9
933929 (II) IF SUBSECTION (1)(b)(I) OF THIS SECTION DOES NOT APPLY, THE10
934930 PRODUCT IS DELIVERED TO THE CONSUMER AT A COLORADO ADDRESS11
935931 PROVIDED TO THE SELLER;12
936932 (III) IF SUBSECTIONS (1)(b)(I) AND (1)(b)(II) OF THIS SECTION DO13
937933 NOT APPLY, THE SELLER'S RECORDS, MAINTAINED IN THE ORDINARY14
938934 COURSE OF BUSINESS, INDICATE THAT THE CONSUMER'S ADDRESS IS IN15
939935 COLORADO, AND THE RECORDS ARE NOT MADE OR KEPT IN BAD FAITH ;16
940936 (IV) IF SUBSECTIONS (1)(b)(I) TO (1)(b)(III) OF THIS SECTION DO17
941937 NOT APPLY, THE CONSUMER GIVES A COLORADO ADDRESS DURING THE18
942938 CONSUMMATION OF THE SALE, INCLUDING THE CONSUMER'S PAYMENT19
943939 INSTRUMENT IF NO OTHER ADDRESS IS AVAILABLE , AND THERE IS NO20
944940 INDICATION THAT THE ADDRESS IS GIVEN IN BAD FAITH ; OR21
945941 (V) IF SUBSECTIONS (1)(b)(I) TO (1)(b)(IV) OF THIS SECTION DO22
946942 NOT APPLY, THE CONSUMER'S MOBILE TELEPHONE NUMBER IS ASSOCIATED23
947943 WITH A COLORADO LOCATION.24
948944 (c) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE IS THE25
949945 LIABILITY OF THE CONSUMER AND NOT OF THE SELLER; EXCEPT THAT THE26
950946 SELLER IS LIABLE TO REMIT ALL CHARGES THAT THE SELLER COLLECTS27
951947 1154
952948 -32- FROM A CONSUMER AS PROVIDED IN SUBSECTION (2) OF THIS SECTION.1
953949 (d) THE AMOUNT OF THE PREPAID TELEPHONE DISABILITY ACCESS2
954950 CHARGE THAT IS COLLECTED BY A SELLER FROM A CONSUMER IS NOT3
955951 INCLUDED IN THE BASE FOR MEASURING ANY TAX, FEE, SURCHARGE, OR4
956952 OTHER CHARGE THAT IS IMPOSED BY THE STATE, ANY POLITICAL5
957953 SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL AGENCY .6
958954 (2) (a) THE SELLER SHALL REMIT ANY COLLECTED PREPAID7
959955 TELEPHONE DISABILITY ACCESS CHARGES TO THE DEPARTMENT AT THE8
960956 TIMES AND IN THE MANNER PROVIDED IN PART 1 OF ARTICLE 26 OF TITLE9
961957 39. THE DEPARTMENT SHALL ESTABLISH, BY RULE, REGISTRATION AND10
962958 PAYMENT PROCEDURES THAT SUBSTANTIALLY COINCIDE WITH THE11
963959 REGISTRATION AND PAYMENT PROCEDURES THAT APPLY UNDER PART 1 OF12
964960 ARTICLE 26 OF TITLE 39. A SELLER IS SUBJECT TO THE PENALTIES AND13
965961 INTEREST UNDER PART 1 OF ARTICLE 26 OF TITLE 39 FOR FAILURE TO14
966962 COLLECT OR REMIT A CHARGE IN ACCORDANCE WITH THIS SECTION .15
967963 (b) A SELLER MAY DEDUCT AND RETAIN THREE AND THREE-TENTHS16
968964 PERCENT OF THE PREPAID TELEPHONE DISABILITY ACCESS CHARGES THAT17
969965 ARE COLLECTED BY A SELLER FROM CONSUMERS .18
970966 (c) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL19
971967 COLLECT, ADMINISTER, AND ENFORCE THE PREPAID TELEPHONE DISABILITY20
972968 ACCESS CHARGE PURSUANT TO ARTICLE 21 OF TITLE 39. THE AUDIT AND21
973969 APPEAL PROCEDURES APPLICABLE TO THE STATE SALES TAX PURSUANT TO22
974970 PART 1 OF ARTICLE 26 OF TITLE 39 APPLY TO PREPAID TELEPHONE23
975971 DISABILITY ACCESS CHARGES.24
976972 (d) THE DEPARTMENT SHALL, BY RULE, ESTABLISH PROCEDURES BY25
977973 WHICH A SELLER MAY DOCUMENT THAT A TRANSACTION IS NOT A RETAIL26
978974 TRANSACTION, WHICH PROCEDURES MUST SUBSTANTIALLY COINCIDE WITH27
979975 1154
980976 -33- THE PROCEDURES FOR DOCUMENTING THAT A SALE WAS WHOLESALE FOR1
981977 PURPOSES OF THE SALES TAX PURSUANT TO PART 1 OF ARTICLE 26 OF TITLE2
982978 39.3
983979 (e) (I) THE STATE TREASURER SHALL CREDIT THE PREPAID4
984980 TELEPHONE DISABILITY ACCESS CHARGES REMITTED TO THE DEPARTMENT5
985981 PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE COLORADO6
986982 DIVISION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND CASH FUND7
987983 CREATED IN SECTION 26-21-107 (1).8
988984 (II) THE DEPARTMENT MAY RETAIN UP TO THREE PERCENT OF THE9
989985 COLLECTED CHARGES NECESSARY TO REIMBURSE THE DEPARTMENT FOR10
990986 ITS DIRECT COSTS OF ADMINISTERING THE COLLECTION AND REMITTANCE11
991987 OF PREPAID TELEPHONE DISABILITY ACCESS CHARGES. MONEY THAT THE12
992988 DEPARTMENT RETAINS PURSUANT TO THIS SUBSECTION (2)(e)(II) SHALL BE13
993989 CREDITED TO THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE CASH14
994990 FUND, WHICH FUND IS CREATED IN THE STATE TREASURY . THE FUND15
995991 CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO THIS16
996992 SUBSECTION (2)(e)(II) AND ANY OTHER MONEY THAT THE GENERAL17
997993 ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE STATE18
998994 TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE19
999995 DEPOSIT AND INVESTMENT OF MONEY IN THE PREPAID TELEPHONE20
1000996 DISABILITY ACCESS CHARGE CASH FUND TO THE FUND .21
1001997 (3) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE IS THE22
1002998 ONLY DIRECT DISABILITY COMMUNICATION ACCESS FUNDING OBLIGATION23
1003999 IMPOSED WITH RESPECT TO PREPAID WIRELESS TELECOMMUNICATIONS24
10041000 SERVICE IN THE STATE. NO TAX, FEE, SURCHARGE, OR OTHER CHARGE TO25
10051001 FUND DISABILITY COMMUNICATION ACCESS IS IMPOSED BY THE STATE , ANY26
10061002 POLITICAL SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL27
10071003 1154
10081004 -34- AGENCY UPON A SELLER OR CONSUMER WITH RESPECT TO THE SALE,1
10091005 PURCHASE, USE, OR PROVISION OF PREPAID WIRELESS2
10101006 TELECOMMUNICATIONS SERVICE .3
10111007 (4) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE SHALL4
10121008 NOT BE IMPOSED ON THE SELLER OR THE CONSUMER WITH RESPECT TO5
10131009 FEDERALLY SUPPORTED LIFELINE SERVICE .6
10141010 SECTION 16. In Colorado Revised Statutes, 2-3-1203, add7
10151011 (22)(a)(VII) as follows:8
10161012 2-3-1203. Sunset review of advisory committees - legislative9
10171013 declaration - definition - repeal. (22) (a) The following statutory10
10181014 authorizations for the designated advisory committees will repeal on11
10191015 September 1, 2031:12
10201016 (VII) THE COLORADO COMMISSION FOR THE DEAF , HARD OF13
10211017 HEARING, AND DEAFBLIND ADVISORY COUNCIL, AS SET FORTH IN SECTIONS14
10221018 26-21-104 AND 26-21-105 (2) AND (5).15
10231019 SECTION 17. In Colorado Revised Statutes, 6-1-707, amend16
10241020 (1)(e)(I)(B) as follows:17
10251021 6-1-707. Use of title or degree - deceptive trade practice. (1) A18
10261022 person engages in a deceptive trade practice when, in the course of the19
10271023 person's business, vocation, or occupation, the person:20
10281024 (e) (I) Claims to be a "sign language interpreter", "interpreter for21
10291025 the deaf", "deaf interpreter", "ASL-English interpreter", "American sign22
10301026 language (ASL) interpreter", "translator" for sign language,23
10311027 "transliterator", "certified sign language interpreter", "certified translator"24
10321028 for sign language, "certified interpreter for the deaf", "certified deaf25
10331029 interpreter", "certified ASL-English interpreter", "certified American sign26
10341030 language (ASL) interpreter", or "certified transliterator", unless the27
10351031 1154
10361032 -35- person holds:1
10371033 (B) Any A currently valid certification for sign language2
10381034 interpretation that is approved by the Colorado commission DIVISION for3
10391035 the deaf, hard of hearing, and deafblind PURSUANT TO SECTION 26-21-1064
10401036 (1)(f).5
10411037 SECTION 18. In Colorado Revised Statutes, amend 13-71-1376
10421038 as follows:7
10431039 13-71-137. Duties and responsibilities of auxiliary services8
10441040 providers for jurors who are deaf, hard of hearing, or deafblind.9
10451041 (1) The court may provide, through the list of available resources10
10461042 coordinated through the Colorado commission DIVISION for the deaf, hard11
10471043 of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified12
10481044 PROVIDER OF auxiliary services, provider, as defined in section 13-90-20213
10491045 (8) (3), to assist during a trial a juror who is deaf, hard of hearing, or14
10501046 deafblind. In the presence of the jury, the court shall instruct the qualified15
10511047 auxiliary services provider to make true and complete translations of all16
10521048 court proceedings to the juror who is deaf, hard of hearing, or deafblind17
10531049 to the best of the qualified auxiliary services provider's ability.18
10541050 (2) The qualified interpreter is subject to the same orders and19
10551051 admonitions given to the jurors. The court shall permit a qualified20
10561052 auxiliary services provider to be present and assist a juror who is deaf,21
10571053 hard of hearing, or deafblind during the deliberations of the jury. In the22
10581054 presence of the jury, the court shall instruct the qualified auxiliary23
10591055 services provider to refrain from participating in any manner in the24
10601056 deliberation of the jury and to refrain from having any communications25
10611057 with any member of the jury regarding deliberation, except for true and26
10621058 complete translations of jurors' remarks made during deliberation. A jury27
10631059 1154
10641060 -36- verdict reached in the presence of a qualified auxiliary services provider,1
10651061 during deliberation, is valid.2
10661062 SECTION 19. In Colorado Revised Statutes, 13-90-202, amend3
10671063 (8); repeal (4); and add (6.3) and (7.3) as follows:4
10681064 13-90-202. Definitions. As used in this part 2, unless the context5
10691065 otherwise requires:6
10701066 (4) "Commission" means the Colorado commission for the deaf,7
10711067 hard of hearing, and deafblind in the department of human services8
10721068 created in section 26-21-104.9
10731069 (6.3) "DIVISION" MEANS THE DIVISION FOR THE DEAF, HARD OF10
10741070 HEARING, AND DEAFBLIND IN THE DEPARTMENT OF HUMAN SERVICES11
10751071 CREATED IN SECTION 26-21-106 (1).12
10761072 (7.3) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR13
10771073 PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.14
10781074 (8) "Qualified interpreter" means a person who has a valid15
10791075 certification of competency accepted by the commission DIVISION and16
10801076 includes but is not limited to, oral interpreters, sign language interpreters,17
10811077 and intermediary interpreters.18
10821078 SECTION 20. In Colorado Revised Statutes, amend 13-90-20319
10831079 as follows:20
10841080 13-90-203. Powers and duties of the enterprise - rules. The21
10851081 department of human services BOARD OF DIRECTORS OF THE ENTERPRISE22
10861082 shall promulgate ADOPT rules pursuant to article 4 of title 24 C.R.S.,23
10871083 which have been proposed by the commission as necessary for the24
10881084 implementation of this part 2. The rule-making process shall be open and25
10891085 available for input from the public, including but not limited to26
10901086 interpreters and consumers of interpreter services.27
10911087 1154
10921088 -37- SECTION 21. In Colorado Revised Statutes, amend 13-90-2051
10931089 as follows:2
10941090 13-90-205. Coordination of auxiliary services requests. (1) The3
10951091 commission DIVISION, in collaboration with the judicial department, shall4
10961092 establish, monitor, coordinate, and publish a list of available resources5
10971093 regarding communication accessibility for persons INDIVIDUALS who are6
10981094 deaf, hard of hearing, or deafblind, including qualified auxiliary services7
10991095 providers, for use by an appointing authority pursuant to section8
11001096 13-90-204. The list must contain the names of private individual9
11011097 providers and agencies that secure qualified auxiliary services for10
11021098 assignment.11
11031099 (2) Whenever a qualified auxiliary service is required pursuant to12
11041100 section 13-90-204, the appointing authority shall secure the auxiliary13
11051101 service through the list of available resources made available and14
11061102 coordinated by the commission DIVISION in accordance with subsection15
11071103 (1) of this section.16
11081104 (3) The commission DIVISION shall provide auxiliary services for17
11091105 a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The18
11101106 commission DIVISION does not have additional responsibilities beyond the19
11111107 requirements of subsection (1) of this section for a proceeding described20
11121108 in section 13-90-204 (1)(d) or (1)(f).21
11131109 SECTION 22. In Colorado Revised Statutes, amend 13-90-21022
11141110 as follows:23
11151111 13-90-210. Compensation. Subject to the appropriations PER THE24
11161112 FUNDING available to the commission DIVISION, a qualified interpreter or25
11171113 computer-aided realtime translation reporter AUXILIARY SERVICES26
11181114 PROVIDER provided pursuant to section 13-90-204 shall be entitled to27
11191115 1154
11201116 -38- compensation for his or her SHALL BE COMPENSATED FOR THEIR services,1
11211117 including waiting time and necessary travel and subsistence expenses.2
11221118 The amount of compensation shall be based on a fee schedule for3
11231119 qualified interpreters and auxiliary services PROVIDERS established by the4
11241120 commission DIVISION.5
11251121 SECTION 23. In Colorado Revised Statutes, 18-1.3-701, amend6
11261122 (1)(c) as follows:7
11271123 18-1.3-701. Judgment of costs and fines - definitions.8
11281124 (1) (c) Judgments collected pursuant to this section for fees for auxiliary9
11291125 services provided pursuant to section 13-90-204, and reimbursed pursuant10
11301126 to section 13-90-210, shall be remitted to the Colorado commission11
11311127 DIVISION for the deaf, hard of hearing, and deafblind in the department of12
11321128 human services CASH FUND created in section 26-21-104 26-21-107.13
11331129 SECTION 24. In Colorado Revised Statutes, 24-1-120, amend14
11341130 (5)(h); and add (5)(g.5) and (5)(g.7) as follows:15
11351131 24-1-120. Department of human services - creation. (5) The16
11361132 department of human services includes the following:17
11371133 (g.5) THE COMMUNICATION SERVICES FOR PEOPLE WITH18
11381134 DISABILITIES ENTERPRISE, CREATED IN ARTICLE 21 OF TITLE 26. THE19
11391135 ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND20
11401136 EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER21
11411137 THE DEPARTMENT.22
11421138 (g.7) THE DIVISION FOR THE DEAF, HARD OF HEARING, AND23
11431139 DEAFBLIND CREATED IN ARTICLE 21 OF TITLE 26. THE DIVISION IS A TYPE24
11441140 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS25
11451141 AND FUNCTIONS UNDER THE DEPARTMENT .26
11461142 (h) The Colorado commission for the deaf, hard of hearing, and27
11471143 1154
11481144 -39- deafblind ADVISORY COUNCIL, created in article 21 of title 26. The1
11491145 Colorado commission for the deaf, hard of hearing, and deafblind is a2
11501146 type 2 entity, as defined in section 24-1-105, and exercises its powers and3
11511147 performs its duties and functions under the department.4
11521148 SECTION 25. In Colorado Revised Statutes, 24-34-104, repeal5
11531149 (32)(a)(XII) as follows:6
11541150 24-34-104. General assembly review of regulatory agencies7
11551151 and functions for repeal, continuation, or reestablishment - legislative8
11561152 declaration - repeal. (32) (a) The following agencies, functions, or both,9
11571153 are scheduled for repeal on September 1, 2031:10
11581154 (XII) The Colorado commission for the deaf, hard of hearing, and11
11591155 deafblind created in article 21 of title 26;12
11601156 SECTION 26. In Colorado Revised Statutes, 39-21-102, add (9)13
11611157 as follows:14
11621158 39-21-102. Scope. (9) T
11631159 HIS ARTICLE 21 APPLIES TO THE FEE
11641160 15
11651161 IMPOSED PURSUANT TO SECTION 40-17-104, BUT ONLY TO THE EXTENT16
11661162 THAT THIS ARTICLE 21 IS NOT INCONSISTENT WITH SECTION 40-17-104.17
11671163 SECTION 27. In Colorado Revised Statutes, 29-2-201, amend18
11681164 as it will become effective July 1, 2025, (8)(e) as follows:19
11691165 29-2-201. Definitions. As used in this part 2, unless the context20
11701166 otherwise requires:21
11711167 (8) "Sales or use tax" includes the:22
11721168 (e) Prepaid wireless TRS TELEPHONE DISABILITY ACCESS charge23
11731169 imposed pursuant to section 29-11-102.7 SECTION 40-17-104; and24
11741170 SECTION 28. In Colorado Revised Statutes, 29-2-202, amend25
11751171 as it will become effective July 1, 2025, (1)(b)(V) as follows:26
11761172 29-2-202. Applicability. (1) Except as provided in sections27
11771173 1154
11781174 -40- 29-2-209 and 29-2-211, this part 2 applies to:1
11791175 (b) (V) The prepaid wireless TRS TELEPHONE DISABILITY ACCESS2
11801176 charge imposed pursuant to section 29-11-102.7 SECTION 40-17-104; and3
11811177 SECTION 29. In Colorado Revised Statutes, 39-21-119.5,4
11821178 amend (2)(t) as follows:5
11831179 39-21-119.5. Mandatory electronic filing of returns -6
11841180 mandatory electronic payment - penalty - waiver - definitions.7
11851181 (2) Except as provided in subsection (6) of this section, the executive8
11861182 director may, as specified in subsection (3) of this section, require the9
11871183 electronic filing of returns and require the payment of any tax or fee due10
11881184 by electronic funds transfer for the following:11
11891185 (t) Any prepaid wireless telecommunications relay service12
11901186 TELEPHONE DISABILITY ACCESS charge report required to be filed and13
11911187 payment required to be made pursuant to section 29-11-102.7 (3) SECTION14
11921188 40-17-104; and15
11931189 SECTION 30. In Colorado Revised Statutes, 40-2-112, amend16
11941190 (1)(a) as follows:17
11951191 40-2-112. Computation of fees. (1) (a) On or before June 1 of18
11961192 each year, the executive director of the department of revenue shall19
11971193 ascertain the aggregate amount of gross operating revenues of telephone20
11981194 corporations and all other public utilities filing returns as provided in21
11991195 section 40-2-111. Based on appropriations made by the general assembly,22
12001196 the executive director of the department of regulatory agencies shall23
12011197 specify, for the telecommunications utility fund, created in section24
12021198 40-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,25
12031199 created in section 40-2-114 (1)(b)(II), the revenue needed to provide for26
12041200 the direct and indirect costs of the supervision and regulation of telephone27
12051201 1154
12061202 -41- corporations and all other public utilities under the jurisdiction of the1
12071203 department of regulatory agencies, excluding the amount of money2
12081204 provided as administrative support from the various telecommunications3
12091205 programs administered by the commission, including the high cost4
12101206 support mechanism, established in section 40-15-208; the 911 surcharge,5
12111207 established in section 29-11-102.3; the 988 surcharge, established in6
12121208 section 40-17.5-102; and the telecommunications relay service7
12131209 TELEPHONE DISABILITY ACCESS surcharge, established in section8
12141210 40-17-103 SECTION 40-17-102.9
12151211 10
12161212 SECTION 31. Appropriation - adjustments to 2025 long bill.11
12171213 (1) To implement this act, the general fund appropriation made in the12
12181214 annual general appropriation act for the 2025-26 state fiscal year to the13
12191215 department of education for use by library programs for reading services14
12201216 for the blind is decreased by $250,000.15
12211217 (2) To implement this act, the cash funds appropriation from the16
12221218 Colorado telephone users with disabilities fund created in section17
12231219 40-17-102 (3)(c)(II), C.R.S., made in the annual general appropriation act18
12241220 for the 2025-26 state fiscal year to the department of regulatory agencies19
12251221 for use by the public utilities commission is decreased as follows:20
12261222 (a) $265,965 for personal services, and the related FTE is21
12271223 decreased by 2.0 FTE; and22
12281224 (c) $3,413,703 for the Colorado commission for the deaf, hard of23
12291225 hearing, and deafblind cash fund.24
12301226 (3) To implement this act, the reappropriated funds appropriation25
12311227 made in the annual general appropriation act for the 2025-26 state fiscal26
12321228 year to the department of human services for use by the Colorado27
12331229 1154
12341230 -42- commission for the deaf, hard of hearing, and deafblind is decreased by1
12351231 $3,413,703. This appropriation is from reappropriated funds received2
12361232 from the department of regulatory agencies for use by the public utilities3
12371233 commission for the Colorado commission for the deaf, hard of hearing,4
12381234 and deafblind cash fund.5
12391235 SECTION 32. Appropriation. (1) For the 2025-26 state fiscal6
12401236 year, $250,000 is appropriated to the department of regulatory agencies7
12411237 for use by the public utilities commission. This appropriation is from the8
12421238 Colorado telephone users with disabilities fund created in section9
12431239 40-17-102 (3)(c)(II), C.R.S. To implement this act, the commission may10
12441240 use this appropriation for transfer to the reading services for the blind11
12451241 cash fund.12
12461242 (2) For the 2025-26 state fiscal year, $250,000 is appropriated to13
12471243 the department of education for use by library programs. This14
12481244 appropriation is from reappropriated funds received from the department15
12491245 of regulatory agencies under subsection (1) of this section. To implement16
12501246 this act, library programs may use this appropriation for reading services17
12511247 for the blind.18
12521248 (3) For the 2025-26 state fiscal year, $4,958,625 is appropriated19
12531249 to the department of human services. This appropriation is from the20
12541250 Colorado division for the deaf, hard of hearing, and deafblind cash fund21
12551251 created in section 26-21-107 (1), C.R.S. To implement this act, the22
12561252 department may use this appropriation as follows:23
12571253 (a) $4,891,755 for the communication services for people with24
12581254 disabilities enterprise, which amount is based on an assumption that the25
12591255 enterprise will require an additional 3.0 FTE; and26
12601256 (b) $66,870 for the purchase of legal services.27
12611257 1154
12621258 -43- (4) For the 2025-26 state fiscal year, $66,870 is appropriated to1
12631259 the department of law. This appropriation is from reappropriated funds2
12641260 received from the department of human services under subsection (3)(b)3
12651261 of this section and is based on an assumption that the department of law4
12661262 will require an additional 0.3 FTE. To implement this act, the department5
12671263 of law may use this appropriation to provide legal services for the6
12681264 department of human services.7
12691265 (5) For the 2025-26 state fiscal year, $21,467 is appropriated to8
12701266 the department of revenue. This appropriation is from the prepaid9
12711267 wireless trust cash fund created in section 40-17-104 (2)(e)(II), C.R.S. To10
12721268 implement this act, the department may use this appropriation as follows:11
12731269 (a) $10,892 for tax administration IT system (GenTax) support;12
12741270 (b) $2,176 for use by the taxation business group for personal13
12751271 services related to taxation services;14
12761272 (c) $ 4,725 for use by the executive director's office for personal15
12771273 services related to administration and support; and16
12781274 (d) $3,674 for the purchase of document management services.17
12791275 (6) For the 2025-26 state fiscal year, $3,674 is appropriated to the18
12801276 department of personnel. This appropriation is from reappropriated funds19
12811277 received from the department of revenue under subsection (5)(d) of this20
12821278 section. To implement this act, the department of personnel may use this21
12831279 appropriation to provide document management services for the22
12841280 department of revenue.23
12851281 SECTION 33. Effective date. (1) Except as otherwise provided24
12861282 in this section, this act takes effect upon passage.25
12871283 (2) Sections 39-21-102, 29-2-201, 29-2-202, and 39-21-119.5,26
12881284 Colorado Revised Statutes, as amended in sections 26, 27, 28, and 29 of27
12891285 1154
12901286 -44- this act, respectively, take effect January 1, 2026.1
12911287 SECTION 34. Safety clause. The general assembly finds,2
12921288 determines, and declares that this act is necessary for the immediate3
12931289 preservation of the public peace, health, or safety or for appropriations for4
12941290 the support and maintenance of the departments of the state and state5
12951291 institutions.6
12961292 1154
12971293 -45-