First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0129.02 Jennifer Berman x3286
HOUSE BILL 25-1154
House Committees Senate Committees
Health & Human Services Business, Labor, & Technology
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING COMMUNICATION SERVICES FOR PEOPLE WITH101
DISABILITIES, AND, IN CONNECTION THEREWITH , CREATING THE102
COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES103
ENTERPRISE AND MAKING AND REDUCING AN APPROPRIATION .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, the state librarian administers the reading
services for the blind program by supporting privately operated reading
services for individuals who are blind or print-disabled, and the Colorado
SENATE
3rd Reading Unamended
April 17, 2025
SENATE
Amended 2nd Reading
April 16, 2025
HOUSE
3rd Reading Unamended
March 11, 2025
HOUSE
Amended 2nd Reading
March 10, 2025
HOUSE SPONSORSHIP
Brown and Froelich, Bacon, Bird, Boesenecker, Clifford, Duran, English, Garcia,
Hamrick, Jackson, Joseph, Lieder, Lindsay, Mabrey, Marshall, Martinez, McCluskie,
McCormick, Paschal, Phillips, Rutinel, Sirota, Stewart K., Stewart R., Story, Titone,
Willford, Zokaie
SENATE SPONSORSHIP
Jodeh and Amabile, Ball, Coleman, Cutter, Danielson, Daugherty, Exum, Gonzales J.,
Kipp, Kolker, Michaelson Jenet, Mullica, Wallace, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. commission for the deaf, hard of hearing, and deafblind coordinates and
advocates for the provision of, and access to, services and resources for
individuals who are deaf, hard of hearing, or deafblind (services and
resources). Sections 2 through 14 of the bill create the communication
services for people with disabilities enterprise (enterprise) to provide
these services and resources through imposition of an enterprise fee and
administration of the communication services for people with hearing
disabilities enterprise cash fund (communication services fund) and the
reading services for the blind enterprise cash fund (reading fund).
Section 1 repeals the reading services for the blind function of the
state librarian, which function is transferred to the enterprise in section
8.
Telecommunications relay services (TRS) are provided for
individuals who are deaf, hard of hearing, or deafblind in the state
through a monthly surcharge that wireline voice service providers collect
from their telephone customers. Sections 16 and 17 transfer 77% of the
money collected from the TRS monthly surcharge to the communication
services fund and the reading fund based on the enterprise's imposition of
the enterprise fee to finance the services and resources that the enterprise
provides.
Sections 15 and 18 through 27 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 26-21-101 as2
follows:3
26-21-101. Short title. The short title of this article 21 is the4
"Colorado Commission for the Deaf, Hard of Hearing, and Deafblind5
"COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE6
Act".7
SECTION 2. In Colorado Revised Statutes, repeal and reenact,8
with amendments, section 26-21-102 as follows:9
26-21-102. Legislative declaration. (1) THE GENERAL ASSEMBLY10
FINDS AND DECLARES THAT:11
(a) A COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES12
ENTERPRISE, AS WELL AS THE DIVISION AND COMMISSION, FACILITATES THE13
1154-2- PROVISION OF COMMUNICATION SERVICES THAT ENABLE COMMUNICATION1
BETWEEN INDIVIDUALS WHO ARE DEAF , HARD OF HEARING , AND2
DEAFBLIND OR WHO HAVE SPEECH DISABILITIES AND INDIVIDUALS3
WITHOUT COMMUNICATION -RELATED DISABILITIES;4
(b) UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF5
1990", 42 U.S.C. SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND6
IMPLEMENTING REGULATIONS, COLORADO HAS A DUTY TO PROVIDE7
EQUIVALENT ACCESS TO STATE GOVERNMENT AND PUBLIC8
ACCOMMODATIONS TO PEOPLE WITH COMMUNICATION -RELATED9
DISABILITIES. THIS DUTY REQUIRES THE PROVISION OF AUXILIARY10
SERVICES, COMMUNICATIONS TECHNOLOGY EQUIPMENT ,11
TELECOMMUNICATIONS RELAY SERVICES, AND OTHER RESOURCES TO12
ENSURE ACCESS.13
(c) CENTRALIZING AND UNIFYING THE RESOURCES CREATES A COST14
SAVINGS FOR THE STATE, FACILITATES QUALITY CONTROL, AND INCREASES15
THE EFFECTIVENESS OF SERVICES, WHILE INCREASING ACCESS TO THE16
SERVICES FOR FEE PAYERS; AND17
(d) C
OMMUNICATION BETWEEN FEE PAYERS , BOTH FEE PAYERS
18
WITH COMMUNICATION -RELATED DISABILITIES AND THOSE WITHOUT ,19
REQUIRES TELECOMMUNICATION AND ELECTRONIC TECHNOLOGIES AND20
IN-PERSON MEANS TO MEET ALL COMMUNICATION NEEDS .21
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :22
(a) THE COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES23
ENTERPRISE CREATED IN THIS ARTICLE 21 PROVIDES VALUABLE BUSINESS24
SERVICES TO FEE PAYERS BY:25
(I) COORDINATING THE PROVISION OF, AND ACCESS TO, EFFICIENT26
AND EFFECTIVE SERVICES AND RESOURCES FOR INDIVIDUALS WHO HAVE27
1154
-3- COMMUNICATION NEEDS RELATED TO THEIR DISABILITIES, INCLUDING BY:1
(A) ESTABLISHING AND COORDINATING A COMMUNICATIONS2
TECHNOLOGY PROGRAM TO OBTAIN AND DISTRIBUTE INTERACTIVE3
TELECOMMUNICATIONS AND OTHER COMMUNICATIONS TECHNOLOGY4
EQUIPMENT NEEDED BY INDIVIDUALS WHO HAVE COMMUNICATION NEEDS5
RELATED TO THEIR DISABILITIES TO ASSIST THEM IN COMMUNICATING WITH6
INDIVIDUALS WITH AND WITHOUT THE SAME COMMUNICATION -RELATED7
DISABILITIES;8
(B) ESTABLISHING AND COORDINATING A TELECOMMUNICATIONS9
RELAY SERVICE PROGRAM FOR INDIVIDUALS IN THE STATE WHO ARE DEAF,10
HARD OF HEARING, DEAFBLIND, OR SPEECH DISABLED TO ASSIST THEM IN11
COMMUNICATING WITH FEE PAYERS WITH AND WITHOUT12
COMMUNICATION-RELATED DISABILITIES;13
(C) ARRANGING FOR QUALIFIED AUXILIARY SERVICES FOR THE14
STATE COURT SYSTEM AND FOR RURAL AREAS OF THE STATE FOR15
INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAFBLIND; AND16
(D) APPROVING SIGN LANGUAGE INTERPR ETER CERTIFICATIONS AS17
VALID AND RELIABLE IN THE STATE, THEREBY ENABLING APPROPRIATE18
COMMUNICATION ACCESS SERVICES IN RELATION TO THE WORKFORCE AND19
IN COMMERCE; AND20
(II) COORDINATING AND SUPPORTING THE SERVICES AND21
RESOURCES DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION. THE22
ENTERPRISE AND DIVISION HELP FACILITATE THE ENGAGEMENT OF23
INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAFBLIND OR WHO24
HAVE SPEECH OR OTHER COMMUNICATION-RELATED DISABILITIES IN THE25
WORKFORCE AND IN COMMERCE , THUS PROVIDING BENEFITS TO COLORADO26
BUSINESSES AND THEIR CUSTOMERS THAT BENEFIT FROM THE ECONOMIC27
1154
-4- DEVELOPMENT STIMULATED BY THE WORKFORCE AND COMMERCIAL1
ENGAGEMENT.2
(b) BY PROVIDING THE SERVICES AND RESOURCES DESCRIBED IN3
SUBSECTION (2)(a) OF THIS SECTION, THE ENTERPRISE ENGAGES IN AN4
ACTIVITY THAT IS CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR5
LIVELIHOOD;6
(c) CONSISTENT WITH THE DETERMINATION OF THE COLORADO7
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8968
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS9
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE10
X OF THE STATE CONSTITUTION, THE GENERAL ASSEMBLY CONCLUDES11
THAT THE REVENUE COLLECTED BY THE ENTERPRISE IS GENERATED BY12
FEES, NOT TAXES, BECAUSE THE MONEY CREDITED TO THE ENTERPRISE IS:13
(I) FOR THE SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO14
DEFRAY THE COSTS OF PROVIDING THE SERVICES AND RESOURCES15
DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION;16
(II) COLLECTED AT RATES THAT ARE REASONABLY RELATED TO17
THE COSTS OF THE SERVICES AND RESOURCES PROVIDED BY THE18
ENTERPRISE; AND19
(III) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE20
FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,21
NOT STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION 24-77-10222
(17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c),23
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING24
LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION25
OR THE EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.626
(6)(b)(I)(G).27
1154
-5- (d) NO OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN1
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE2
ENTERPRISE, AND THE ENTERPRISE WILL GENERATE REVENUE FROM FEES3
AND SURCHARGES OF LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL4
IN ITS FIRST FIVE FISCAL YEARS. ACCORDINGLY, THE CREATION OF THE5
ENTERPRISE DOES NOT REQUIRE VOTER APPROVAL PURSUANT TO SECTION6
24-77-108.7
(e) FOR PURPOSES OF THE LIMIT SET FORTH IN SECTION 24-77-108,8
THE FIRST FISCAL YEAR OF THE ENTERPRISE IS FISCAL YEAR 2024-25.9
SECTION 3. In Colorado Revised Statutes, 26-21-103, amend10
(3), (4.7)(b), and (4.8) introductory portion; repeal (1); and add (2.3),11
(3.5), (4.4), (4.5), (4.6), (8.5), (11), and (12) as follows:12
26-21-103. Definitions. As used in this article 21, unless the13
context otherwise requires:14
(1) "Advisory council" means the Colorado deafblind advisory15
council appointed by the commission in accordance with section16
26-21-105 (2)(f).17
(2.3) "BOARD" MEANS THE BOARD OF DIRECTORS OF THE18
ENTERPRISE APPOINTED PURSUANT TO SECTION 26-21-103.5 (2).19
(3) "Commission" means the Colorado commission for the deaf,20
hard of hearing, and deafblind ADVISORY COUNCIL CREATED PURSUANT21
TO SECTION 26-21-104 (1).22
(3.5) "COMMUNICATION ACCESS REALTIME TRANSLATION" OR23
"CART" HAS THE SAME MEANING AS "COMMUNICATION ACCESS REALTIME24
TRANSLATION (CART) REPORTER", AS SET FORTH IN SECTION 13-90-20225
(5).26
(4.4) "DIVISION" MEANS THE DIVISION FOR THE DEAF, HARD OF27
1154
-6- HEARING, AND DEAFBLIND CREATED IN SECTION 26-21-106 WITHIN THE1
ENTERPRISE.2
(4.5) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR3
PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.4
(4.6) "FUND" MEANS THE COLORADO DIVISION FOR THE DEAF,5
HARD OF HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION6
26-21-107.7
(4.7) "Intervener" means a person who is at least eighteen years8
of age and:9
(b) Has completed or is enrolled in an intervener training
OR
10
CERTIFICATION program and has obtained an intervener certificate or11
provisional intervener certificate THAT IS RECOGNIZED AND ACCEPTED BY12
THE DIVISION;13
(4.8) "Intervener program manager" means a person who has14
demonstrated intervener abilities and can proficiently communicate in the15
functional language of children who are deafblind IS KNOWLEDGEABLE16
ABOUT INTERVENERS, THE DEAFBLIND COMMUNITY , AND PROGRAM17
MANAGEMENT and:18
(8.5) "PREPAID TELEPHONE DISABILITY ACCESS CHARGE" OR19
"CHARGE" MEANS THE CHARGE IMPOSED BY THE ENTERPRISE PURSUANT20
TO SECTION 26-21-103.5 (1)(a)(III).21
(11) "TELECOMMUNICATIONS RELAY SERVICES " MEANS ANY22
TELECOMMUNICATIONS SERVICES THROUGH A THIRD PARTY THAT ALLOW23
AN INDIVIDUAL WHO IS DEAF, HARD OF HEARING, OR DEAFBLIND OR WHO24
HAS A SPEECH DISABILITY TO COMMUNICATE BY ANY COMPATIBLE25
TELECOMMUNICATIONS SERVICE WITH ONE OR MORE INDIVIDUALS IN A26
MANNER THAT IS FUNCTIONALLY EQUIVALENT TO THE ABILITY OF AN27
1154
-7- INDIVIDUAL WHO DOES NOT HAVE A HEARING OR SPEECH DISABILITY .1
(12) "TELEPHONE DISABILITY ACCESS SURCHARGE" OR2
"SURCHARGE" MEANS THE SURCHARGE IMPOSED BY THE ENTERPRISE3
PURSUANT TO SECTION 26-21-103.5 (1)(a)(II).4
SECTION 4. In Colorado Revised Statutes, add 26-21-103.5 as5
follows:6
26-21-103.5. Communication services for people with7
disabilities enterprise - created - board of directors - membership -8
fees imposed - repeal. (1) (a) THE COMMUNICATION SERVICES FOR9
PEOPLE WITH DISABILITIES ENTERPRISE IS CREATED IN THE STATE10
DEPARTMENT FOR THE BUSINESS PURPOSES OF :11
(I) COORDINATING THE PROVISION OF, AND ACCESS TO, EFFICIENT12
AND EFFECTIVE SERVICES AND RESOURCES FOR INDIVIDUALS WHO HAVE13
COMMUNICATION NEEDS RELATED TO THEIR DISABILITIES, INCLUDING14
FUNDING THE DIVISION'S DUTIES, AS DESCRIBED IN SECTION 26-21-106;15
(II) IMPOSING A TELEPHONE DISABILITY ACCESS SURCHARGE ON16
SERVICE USERS, AS DEFINED IN SECTION 40-17-101 (9), IN CONSULTATION17
WITH THE PUBLIC UTILITIES COMMISSION, IN AN AMOUNT NOT TO EXCEED18
FIFTEEN CENTS PER MONTH PER TELEPHONE ACCESS LINE , AS DEFINED IN19
SECTION 40-17-101 (10). THE AMOUNT OF THE SURCHARGE SHALL BE20
REVIEWED AND MAY BE ADJUSTED ONCE PER YEAR. THE AMOUNT OF THE21
SURCHARGE, IN COMBINATION WITH THE PREPAID TELEPHONE DISABILITY22
ACCESS CHARGE, SHALL BE SET AT A RATE REASONABLY RELATED TO THE23
OVERALL COST OF PROVIDING THE SERVICES DESCRIBED IN THIS24
SUBSECTION (1)(a). THE AMOUNT OF THE SURCHARGE IMPOSED PER25
TELEPHONE ACCESS LINE MUST BE UNIFORM , REGARDLESS OF THE26
TECHNOLOGY USED TO PROVIDE THE TELEPHONE ACCESS LINE .27
1154
-8- (III) BEGINNING JANUARY 1, 2026, IMPOSING A PREPAID1
TELEPHONE DISABILITY ACCESS CHARGE ON EACH RETAIL TRANSACTION,2
AS DEFINED IN SECTION 40-17-101 (6), IN AN AMOUNT TO BE ESTABLISHED3
ANNUALLY BY THE ENTERPRISE, IN CONSULTATION WITH THE PUBLIC4
UTILITIES COMMISSION, BUT NOT TO EXCEED FIFTEEN CENTS PER EACH5
RETAIL TRANSACTION IN WHICH PREPAID WIRELESS SERVICE IS PURCHASED6
IN COLORADO. THE AMOUNT OF THE CHARGE SHALL BE REVIEWED AND7
MAY BE ADJUSTED ON JULY 1, 2026, AND ON EACH JULY 1 THEREAFTER.8
T
HE ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF REVENUE OF ANY
9
CHANGE MADE TO THE AMOUNT OF THE CHARGE NO LATER THAN MAY 1510
OF THE YEAR PRECEDING THE YEAR IN WHICH THE AMOUNT CHANGE WILL11
BECOME EFFECTIVE. THE AMOUNT OF THE CHARGE, IN COMBINATION WITH12
THE TELEPHONE DISABILITY ACCESS SURCHARGE, SHALL BE SET AT A RATE13
REASONABLY RELATED TO THE OVERALL COST OF PROVIDING THE14
SERVICES DESCRIBED IN THIS SUBSECTION (1)(a).15
(IV) IN CONSULTATION WITH THE PUBLIC UTILITIES COMMISSION16
AND THE DEPARTMENT OF EDUCATION , ONCE PER YEAR, IF NEEDED,17
ADJUSTING THE PERCENTAGE OF THE TELEPHONE DISABILITY ACCESS18
SURCHARGE AND THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE TO19
BE USED FOR THE COLORADO DIVISION FOR THE DEAF, HARD OF HEARING,20
AND DEAFBLIND CASH FUND AND THE READING SERVICES FOR THE BLIND21
CASH FUND CREATED IN SECTION 24-90-105.5 AND BY THE STATE22
LIBRARIAN FOR THE TALKING BOOK LIBRARY WITHIN THE DEPARTMENT OF23
EDUCATION.24
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES25
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, SO LONG AS26
THE ENTERPRISE RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND27
1154
-9- RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN1
GRANTS FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS2
COMBINED. SO LONG AS IT CONSTITUTES AN ENTERPRISE PURSUANT TO3
THIS SUBSECTION (1)(b), THE ENTERPRISE IS NOT SUBJECT TO SECTION 204
OF ARTICLE X OF THE STATE CONSTITUTION.5
(c) THE BOARD SHALL ADMINISTER THE ENTERPRISE IN6
ACCORDANCE WITH THIS SECTION .7
(d) THE ENTERPRISE MAY ISSUE REVENUE BONDS TO PAY FOR THE8
EXPENSES OF THE ENTERPRISE, WHICH BONDS ARE SECURED BY REVENUE9
OF THE ENTERPRISE.10
(e) T
HE ENTERPRISE MAY ENGAGE THE SERVICES OF CONTRACTORS
11
AND CONSULTANTS FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND12
TO SUPPLY OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF13
THE ENTERPRISE, WITHOUT REGARD TO THE "PROCUREMENT CODE",14
ARTICLES 101 TO 112 OF TITLE 24. THE ENTERPRISE SHALL ENGAGE THE15
ATTORNEY GENERAL 'S OFFICE FOR LEGAL SERVICES . THE STATE16
DEPARTMENT MAY PROVIDE OFFICE SPACE AND STAFF TO THE ENTERPRISE17
PURSUANT TO A FAIR MARKET RATE CONTRACT ENTERED INTO PURSUANT18
TO THIS SUBSECTION (1)(e).19
(f) THE ENTERPRISE SHALL NOT INCREASE THE AMOUNTS OF THE20
TELEPHONE DISABILITY ACCESS SURCHARGE OR THE PREPAID TELEPHONE21
DISABILITY ACCESS CHARGE IN AN AMOUNT THAT CAUSES THE22
CUMULATIVELY COLLECTED FEES TO EXCEED ONE HUNDRED MILLION23
DOLLARS IN THE FIRST FIVE YEARS OF THE ENTERPRISE'S EXISTENCE.24
(2) (a) (I) THE ENTERPRISE SHALL BE GOVERNED BY A BOARD OF25
DIRECTORS APPOINTED BY THE GOVERNOR. THE BOARD MUST NOT EXCEED26
SEVEN MEMBERS AND MUST ALWAYS CONSIST OF AN ODD NUMBER OF27
1154
-10- MEMBERS.1
(II) M
EMBERS OF THE BOARD SERVE THREE -YEAR TERMS; EXCEPT
2
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE T HAN THREE3
MEMBERS' TERMS EXPIRE IN THE SAME YEAR. THE GOVERNOR SHALL NOT4
APPOINT A MEMBER FOR MORE THAN TWO CONSECUTIVE TERMS .5
(III) B
OARD MEMBERS DO NOT RECEIVE COMPENSATION FOR
6
PERFORMING OFFICIAL DUTIES OF THE BOARD BUT MAY RECEIVE A PER7
DIEM OR REIMBURSEMENT FOR TRAVEL AND OTHER REAS ONABLE AND8
NECESSARY EXPENSES FOR PERFORMING OFFICIAL DUTIES OF THE BOARD .9
T
HE PER DIEM OR REIMBURSEMENT IS PAID FROM THE FUND .
10
(b) (I) THE GOVERNOR SHALL APPOINT MEMBERS OF THE BOARD ON11
OR BEFORE JUNE 30, 2025.12
(II) THIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE JULY 1, 2026.13
(c) (I) THE GOVERNOR SHALL CALL THE FIRST MEETING OF THE14
BOARD ON OR BEFORE OCTOBER 1, 2025.15
(II) THIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2026.16
SECTION 5. In Colorado Revised Statutes, 26-21-104, amend17
(1); and add (5) as follows:18
26-21-104. Commission created - appointments - repeal.19
(1) The Colorado commission for the deaf, hard of hearing, and20
deafblind ADVISORY COUNCIL is created in the STATE department. of21
human services. THE DIVISION IS UNDER THE JURISDICTION OF THE22
COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE .23
The commission is a type 2 entity, as defined in section 24-1-105, and24
exercises its powers and performs its duties and functions under the25
STATE department. of human services. THE DIVISION AND COMMISSION26
SHALL ADVISE THE ENTERPRISE AND STATE AGENCIES REGARDING THE27
1154
-11- PROVISION OF SERVICES AND RESOURCES FOR THE DEAF ,1
HARD-OF-HEARING, AND DEAFBLIND COMMUNITY .2
(5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2031.3
BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN4
ACCORDANCE WITH SECTION 2-3-1203.5
SECTION 6. In Colorado Revised Statutes, 26-21-105, amend6
(1); repeal (2)(f); and add (2)(g) and (5) as follows:7
26-21-105. Appointment of division director - division8
procedures - commission's advisory role - repeal. (1) The executive9
director of the department of human services or the executive director's10
designee shall appoint a director of the commission DIVISION. The11
executive director of the department COMMISSION shall provide comment12
and input to the commission on the hiring of the DIVISION director.13
(2) (f) (I) There is created the Colorado deafblind advisory council14
consisting of seven members.15
(II) The advisory council shall advise the commission, state and16
local governments, and other relevant entities on how to increase17
competitive integrated employment as defined in section 8-84-301,18
enlarge economic opportunities, enhance independence and19
self-sufficiency, and improve services for deafblind persons.20
(III) The commission shall appoint initial members to the advisory21
council by July 1, 2019. The commission shall designate four members22
to serve an initial four-year term and three members to serve an initial23
six-year term. After the initial terms, all subsequent appointees serve24
four-year terms. The commission shall appoint a qualified person to fill25
any vacancy on the advisory council for the remainder of any unexpired26
term. The advisory council has the following appointees:27
1154
-12- (A) One member who is deaf and blind;1
(B) One member who is deaf and low vision;2
(C) One member who is hard of hearing and blind;3
(D) One member who is hard of hearing and low vision;4
(E) One member who is latent deafblind;5
(F) One member who is a professional working with the deafblind6
community; and7
(G) One member who is a parent of a deafblind child.8
(g) THE COMMISSION SHALL ADVISE THE DIVISION ON ITS9
FUNCTIONS AND DUTIES AS SET FORTH IN SECTION 26-21-106.10
(5) SUBSECTION (2) OF THIS SECTION AND THIS SUBSECTION (5)11
ARE REPEALED, EFFECTIVE SEPTEMBER 1, 2031. BEFORE THE REPEAL,12
SUBSECTION (2) OF THIS SECTION AND THIS SUBSECTION (5) ARE13
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203. 14
SECTION 7. In Colorado Revised Statutes, 26-21-106, amend15
(1) introductory portion, (1)(d), (1)(e) introductory portion, (1)(e)(I),16
(1)(e)(II), (1)(f), (2), (3), (4) introductory portion, (4)(g)(II) introductory17
portion, (4)(g)(II)(B), (6), (7) introductory portion, (7)(a), (7)(b), (8)18
introductory portion, (8.5), (9)(a) introductory portion, (9)(a)(VIII),19
(9)(b), and (9)(c)(I); repeal (9)(a)(IX); and add (1)(g), (1.5), and (1.7) as20
follows:21
26-21-106. Division for the deaf, hard of hearing, and22
deafblind - creation - powers, functions, and duties - programs -23
report - rules - definitions. (1) THE DIVISION FOR THE DEAF, HARD OF24
HEARING, AND DEAFBLIND IS CREATED IN THE COMMUNICATION SERVICES25
FOR PEOPLE WITH DISABILITIES ENTERPRISE. The powers, functions, and26
duties of the commission DIVISION include:27
1154
-13- (d) Assessing how communications technology has affected the1
needs of THE deaf, hard of hearing, and deafblind, The commission shall2
assess INCLUDING the type and amount of equipment needed by THE deaf,3
hard-of-hearing, and deafblind persons COMMUNITY AND4
SPEECH-DISABLED INDIVIDUALS who qualify under the federal poverty5
guidelines established in accordance with the "Omnibus Budget6
Reconciliation Act of 1981", 42. U.S.C. 9902 (2);7
(e) Assessing the needs of THE deaf, hard-of-hearing, and8
deafblind COMMUNITY and reporting annually to the governor and the9
general assembly any recommendations for legislation or and10
administrative changes that may facilitate or streamline the provision of11
general government services to INDIVIDUALS WHO ARE deaf, hard of12
hearing, and OR deafblind. Notwithstanding section 24-1-136 (11)(a)(I),13
on or before September 1 of each year, the commission must DIVISION14
SHALL file the report required by this subsection (1)(e). In preparing the15
annual report and recommendations, the commission DIVISION shall16
consider the following:17
(I) Whether any existing statutory or administrative provisions18
impede the ability of the commission DIVISION to act as a statewide19
coordinating agency advocating for INDIVIDUALS WHO ARE deaf, hard of20
hearing, and OR deafblind individuals in Colorado; AND21
(II) Any methods, programs, or policies that may improve22
communication AND ENVIRONMENTAL accessibility and quality of existing23
services, promote or deliver necessary new services, and assist state24
agencies in the delivery of services to deaf, hard-of-hearing, and25
deafblind INDIVIDUALS;26
(f) Approving an entity's certification of A sign language27
1154
-14- interpreters INTERPRETER'S CERTIFICATIONS AS VALID AND RELIABLE in1
accordance with section 6-1-707 (1)(e)(I)(B); AND2
(g) COORDINATING THE PROVISION OF A TELECOMMUNICATIONS3
RELAY SERVICE PROGRAM FOR INDIVIDUALS IN THE STATE WHO ARE DEAF,4
HARD OF HEARING, OR DEAFBLIND OR SPEECH-DISABLED. IN DOING SO,5
THIS SERVICE SHALL:6
(I) CONFORM WITH SECTION 401 OF THE FEDERAL "AMERICANS7
WITH DISABILITIES ACT OF 1990", 47 U.S.C. SEC. 225, INCLUDING THE8
PROVISION FOR STATE APPLICATION TO THE FEDERAL COMMUNICATIONS9
COMMISSION FOR CERTIFICATION;10
(II) MEET OR EXCEED ALL OPERATIONAL, TECHNICAL, AND11
FUNCTIONAL MINIMUM STANDARDS IN FEDERAL COMMUNICATIONS12
COMMISSION REGULATIONS GOVERNING TELECOMMUNICATION RELAY13
SERVICES UNDER 47 CFR 64 SUBPART F AND 47 CFR 9 SUBPART E. 14
(1.5) (a) ON AND AFTER JUNE 30, 2025, THE RIGHTS, POWERS,15
DUTIES, AND FUNCTIONS REGARDING THE TELECOMMUNICATIONS RELAY16
SERVICES VESTED IN THE PUBLIC UTILITIES COMMISSION PRIOR TO THAT17
DATE ARE TRANSFERRED FROM THE PUBLIC UTILITIES COMMISSION TO THE18
DIVISION FOR THE DIVISION TO PERFORM THE FUNCTIONS DESCRIBED IN19
SUBSECTION (1)(g) OF THIS SECTION.20
(b) (I) ON AND AFTER JUNE 30, 2025, WHENEVER ANY PROVISION21
OF LAW REFERS TO THE PUBLIC UTILITIES COMMISSION IN CONNECTION22
WITH THE FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS23
SUBSECTION (1.5), THE LAW SHALL BE CONSTRUED AS REFERRING TO THE24
DIVISION.25
(II) ANY CONTRACT ENTERED INTO BY THE PUBLIC UTILITIES26
COMMISSION PRIOR TO JUNE 30, 2025, IN CONNECTION WITH THE27
1154
-15- FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS1
SUBSECTION (1.5) IS VALIDATED, WITH THE DIVISION SUCCEEDING TO ALL2
RIGHTS AND OBLIGATIONS UNDER THE CONTRACT .3
(III) ON AND AFTER JUNE 30, 2025, THE DIVISION SHALL SATISFY4
ANY OBLIGATIONS INCURRED BY THE PUBLIC UTILITIES COMMISSION, BUT5
NOT YET PAID, IN CONNECTION WITH THE FUNCTIONS TRANSFERRED TO THE6
DIVISION PURSUANT TO THIS SUBSECTION (1.5).7
(1.7) PURSUANT TO A CONTRACT ENTERED INTO BETWEEN THE8
DIVISION DIRECTOR AND THE BOARD AND WITHOUT REGARD TO THE9
"PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, THE DIVISION10
SHALL PROVIDE ADMINISTRATIVE, PROFESSIONAL, AND TECHNICAL STAFF11
TO ASSIST THE BOARD WITH THE CONDUCT OF THE AFFAIRS OF THE12
ENTERPRISE.13
(2) The commission DIVISION shall consider the findings of any14
study authorized under this section and may approve, disapprove, or15
amend the findings. After consideration of the findings, the commission16
DIVISION shall submit a report with recommendations, including proposed17
legislation, if necessary, to the governor and to the general assembly. The18
commission DIVISION shall submit the report annually, notwithstanding19
section 24-1-136 (11)(a)(I), and may combine the report with, or include20
the report as a part of, the annual report prepared under subsection (1)(e)21
of this section.22
(3) The commission DIVISION shall establish and coordinate a23
communications technology program that is consistent with the findings24
of subsection (1) of this section to obtain and distribute interactive25
telecommunications and other communications technology equipment26
needed by INDIVIDUALS WHO ARE deaf, hard of hearing, and OR deafblind27
1154
-16- persons OR SPEECH-DISABLED.1
(4) The commission DIVISION, in collaboration with the judicial2
department, shall arrange for auxiliary services FOR DEAF,3
HARD-OF-HEARING, AND DEAFBLIND INDIVIDUALS for the state court4
system. Arranging auxiliary services for the state court system includes:5
(g) (II) For the purposes of AS USED IN this subsection (4)(g):6
(B) "Qualified interpreter" means a person AN INDIVIDUAL who7
has a valid certification of competency accepted by the commission8
DIVISION and includes but is not limited to, oral interpreters, sign9
language interpreters, and intermediary interpreters.10
(6) The commission DIVISION shall establish and maintain11
outreach and consulting services to improve and ensure effective access12
to auxiliary services by critical state and local government agencies,13
private agencies, and other entities. The commission DIVISION shall also14
use these services to increase awareness of the programs funded by the15
Colorado telephone users with disabilities fund established pursuant to16
section 40-17-104 THAT THE DIVISION FUNDS AND ADMINISTERS FOR THE17
PUBLIC.18
(7) The commission's DIVISION'S outreach and consulting services19
include the following duties:20
(a) Provide resources to DEAF, HARD-OF-HEARING, AND DEAFBLIND21
individuals who have encountered barriers to obtaining necessary22
services;23
(b) Assist DEAF, HARD-OF-HEARING, AND DEAFBLIND individuals24
in understanding and accessing services that may be available to them;25
(8) The commission DIVISION shall maintain a community access26
program for one-on-one system navigating services to ensure resources27
1154
-17- are available to DEAF, HARD-OF-HEARING, AND DEAFBLIND individuals and1
to protect each person's INDIVIDUAL'S right to effective communication2
and access to environmental information. The community access program3
must include the following:4
(8.5) Community intervener program. (a) On or before October5
1, 2023, the commission THE DIVISION shall establish a family and6
community intervener program. The family and community intervener7
program shall work with children
AND ADULTS who are deafblind WITH
8
ADDITIONAL COGNITIVE DISABILITIES to facilitate critical connections9
between the child INDIVIDUAL and the child's INDIVIDUAL'S family,10
community, and environment. The family and community intervener11
program must include but need not be limited to, access to a family and12
community intervener with specific training in deafblindness, strategies13
to build language and communication skills, and intervention strategies.14
The intervener shall:15
(I) Work one-on-one with a child AN INDIVIDUAL who is deafblind16
in order to facilitate critical connections between the child INDIVIDUAL17
and the child's THEIR community, family, and environment;18
(II) Open channels of communication between the child 19
INDIVIDUALS and others THROUGH AN INDIVIDUALIZED AND MULTIMODAL20
APPROACH;21
(III) Facilitate the development or use of receptive and expressive22
communication skills by the child;23
(IV) (III) Develop and maintain a trusting, interactive relationship24
with the child INDIVIDUAL that promotes social and emotional well-being;25
and26
(V) (IV) Provide the child INDIVIDUAL with opportunities for27
1154
-18- learning and development in the community and at home.1
(b) The commission DIVISION shall hire an A FAMILY AND2
COMMUNITY intervener program manager to direct services for children3
AND ADULTS who are deafblind WITH ADDITIONAL COGNITIVE4
DISABILITIES, PHYSICAL DISABILITIES, OR BOTH and ensure that an5
intervener:6
(I) Works PROVIDES INDIVIDUALIZED SERVICES, WORKING with no7
more than one child INDIVIDUAL at a GIVEN time;8
(II) Instructs and supports the child INDIVIDUAL in skills related9
to community involvement;10
(III) Transports the child to gain access to community services and11
resources;12
(IV) (III) Provides communication and information to the child13
INDIVIDUAL concerning the child's INDIVIDUAL'S environment that14
otherwise would be available through vision and hearing;
AND
15
(V) Uses interpersonal communication, including sign language,16
speech, tangible communication symbols, gestures, calendars, and17
augmentative communication devices;18
(VI) Makes sights, sounds, and activities accessible to the child19
by learning the child's specific communication system; and20
(VII) (IV) Forms a working alliance with the deafblind child's21
INDIVIDUAL'S family members, neighbors, community organizations, and22
professionals with whom the child INDIVIDUAL has contact.23
(c) The intervener program manager shall document the following24
outcomes for intervener services in the child's record: ANNUALLY ASSESS25
THE EFFECTIVENESS OF INTERVENER SERVICES FOR EACH INDIVIDUAL . IN26
ADDITION, THE INTERVENER PROGRAM MANAGER SHALL , AS APPROPRIATE,27
1154
-19- COLLABORATE WITH OTHER ENTITIES THAT PROVIDE RELATED SERVICES .1
(I) Whether the child is effectively communicating wants and2
needs to the child's intervener; and3
(II) Whether the child is actively participating in community4
activities and activities of daily living to the extent of the child's ability.5
(d) The intervener program manager and intervener shall6
collaborate with other state agencies as appropriate that provide direct or7
indirect services to children who are deafblind and their families to8
identify potential additional services or opportunities for children who are9
deafblind.10
(9) (a) The commission DIVISION shall arrange for the provision11
of auxiliary services in rural areas of the state by performing the12
following functions:13
(VIII) Establishing, monitoring, and publishing on the14
commission's public website a list of available CART providers and15
qualified interpreters, as defined in subsections (4)(g)(II)(A) and16
(4)(g)(II)(B) of this section, respectively, who are willing to work in rural17
areas for persons INDIVIDUALS who are deaf, hard of hearing, or18
deafblind; AND19
(IX) Creating an advisory council to make recommendations to20
the commission about the provision of auxiliary services in rural areas;21
and22
(b) The executive director BOARD shall promulgate ADOPT rules23
in consultation with or as proposed by, the commission DIVISION, WITH24
INPUT FROM THE COMMISSION and the deaf, hard of hearing, and deafblind25
community, regarding implementation of this subsection (9). The rules26
must define the term "rural area".27
1154
-20- (c) (I) On or before November 1, 2022, and on or before1
November 1 of each year thereafter, the commission DIVISION shall2
submit a report to the joint budget committee summarizing the3
commission's DIVISION'S implementation of the program described in this4
subsection (9) over the previous twelve months.5
SECTION 8. In Colorado Revised Statutes, 26-21-107, amend6
(1) as follows:7
26-21-107. Colorado division for the deaf, hard of hearing,8
and deafblind cash fund - creation - gifts, grants, and donations -9
reimbursement. (1) (a) There is hereby created in the state treasury the10
Colorado commission DIVISION for the deaf, hard of hearing, and11
deafblind cash fund. All money credited to the fund must, PURSUANT TO12
SECTION 26-21-103.5 (1)(a)(IV), be used exclusively for the13
administration and discharge of THE DUTIES OF THE ENTERPRISE,14
COMMISSION MEMBERS, AND DIVISION STAFF UNDER this article 21. All15
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT16
THE END OF A FISCAL YEAR AND ALL money credited to the fund and any17
interest earned from the investment of money in the fund remains in the18
fund and does not revert to the general fund or any other fund at the end19
of any fiscal year.20
(b) S
UBJECT TO ANNUAL APPROPRIATION FROM THE GENERAL
21
ASSEMBLY, THE ENTERPRISE MAY EXPEND MONEY FROM THE COLORADO22
DIVISION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND CASH FUND23
FOR THE PURPOSES SET FORTH IN SECTION 26-21-103.5 AND TO PAY THE24
ENTERPRISE'S REASONABLE AND NECESSARY OPERATING EXPENSES25
.SECTION 9. In Colorado Revised Statutes, 26-21-107.5, amend26
(1), (2), and (7) as follows:27
1154
-21- 26-21-107.5. Colorado division for the deaf, hard of hearing,1
and deafblind grant program - creation - standards - applications -2
definition. (1) The Colorado commission DIVISION for the deaf, hard of3
hearing, and deafblind grant program is hereby established to provide4
funding for entities to address IMPROVE COMMUNICATION BETWEEN FEE5
PAYERS BY ADDRESSING the needs of Colorado's INDIVIDUALS WHO ARE6
deaf, hard-of-hearing, or HARD OF HEARING, AND deafblind. individuals.7
(2) (a) The Colorado commission DIVISION for the deaf, hard of8
hearing, and deafblind grant program committee appointed pursuant to9
section 26-21-107.7 shall administer the grant program as provided in10
section 26-21-107.7.11
(b) The commission DIVISION shall pay the grants awarded12
through the grant program from money appropriated by the general13
assembly.14
(c) Subject to available money, the general assembly shall15
appropriate to the commission DIVISION no more than fifty thousand16
dollars annually to administer the grant program.17
(7) Grantees shall comply with reporting requirements established18
by the commission DIVISION.19
SECTION 10. In Colorado Revised Statutes, 26-21-107.7,20
amend (1)(a.5)(I), (1)(a.5)(II) introductory portion, (1)(c), (1)(d), (1)(e),21
(2), and (3); and repeal (1)(a.5)(III) as follows:22
26-21-107.7. Colorado division for the deaf, hard of hearing,23
and deafblind grant program committee - creation - members - duties24
- reimbursement for expenses. (1) (a.5) (I) There is hereby created the25
Colorado commission DIVISION for the deaf, hard of hearing, and26
deafblind grant program committee, referred to in this section as the27
1154
-22- "committee", consisting of five members, for the purpose of1
recommending to the commission DIVISION approval or disapproval of2
applications for the grant program.3
(II) The commission DIVISION shall appoint four members to the4
committee as follows:5
(III) This subsection (1)(a.5) is effective September 1, 2018, and6
applies to appointments to the committee on or after September 1, 2018.7
All initial appointments in accordance with this subsection (1)(a.5) must8
be made by September 30, 2018.9
(c) In appointing members to the committee, the commission10
DIVISION shall choose persons INDIVIDUALS who have knowledge and11
awareness of innovative strategies that address challenges faced by the12
deaf, hard-of-hearing, and deafblind community AND SPEECH-DISABLED13
COMMUNITIES.14
(d) The appointed members of the committee shall serve15
three-year terms. except that, of the members first appointed, one of the16
members shall serve a two-year term and two of the members shall serve17
one-year terms. The commission shall choose those members who shall18
serve the initial shortened terms. If a vacancy arises in one of the19
appointed positions, the commission DIVISION shall appoint a replacement20
to fill the vacancy for the remainder of the term.21
(e) Members of the committee are entitled to be reimbursed out22
of available appropriations for all actual and necessary expenses incurred23
in the performance of their duties.24
(2) The committee shall review all applications received pursuant25
to section 26-21-107.5. Based on criteria established by the commission26
DIVISION, the committee shall recommend to the commission DIVISION27
1154
-23- those applications to approve, with recommended grant amounts, and1
those to disapprove.2
(3) The commission DIVISION shall review and may follow the3
recommendations of the committee for approval or disapproval of4
applications for the grant program and for grant amounts. If the5
commission DIVISION disagrees with the recommendations of the6
committee, the executive director of the department shall have DIVISION7
HAS final decision-making authority to approve or disapprove the8
applications and to set the grant amounts.9
SECTION 11. In Colorado Revised Statutes, add 26-21-107.9 as10
follows:11
26-21-107.9. Rules. THE BOARD MAY ADOPT RULES AS NECESSARY12
TO IMPLEMENT THIS ARTICLE 21.13
SECTION 12. In Colorado Revised Statutes, repeal 26-21-10814
as follows:15
26-21-108. Repeal of article - sunset review. (1) This article 2116
is repealed, effective September 1, 2031.17
(2) Prior to the repeal, the commission shall be reviewed as18
provided for in section 24-34-104, C.R.S.19
SECTION 13. In Colorado Revised Statutes, 24-90-105.5,20
amend (5) as follows:21
24-90-105.5. Literacy support services for persons who are22
blind or print-disabled - authority of state librarian - fund. (5) The23
general assembly recognizes the importance of privately operated reading24
services to enable persons who are blind or print-disabled to gain access25
to otherwise inaccessible print materials. The state librarian has the26
authority to administer money in the reading services for the blind cash27
1154
-24- fund, which FUND is created in the state treasury, PURSUANT TO SECTION1
26-21-103.5 (1)(a)(IV), for the support of privately operated reading2
services. The fund consists of any public or private money transferred,3
appropriated, or otherwise credited to the fund. All money credited to the4
fund and all interest earned on the investment of money in the fund is a5
part of the fund and must not be transferred or credited to the general6
fund or to any other fund except as directed by the general assembly7
acting by bill. The general assembly shall make annual appropriations8
from the reading services for the blind cash fund to the state librarian to9
carry out the purposes of this section.10
SECTION 14. In Colorado Revised Statutes, 29-11-102.7,11
amend (2)(a); and add (6) as follows:12
29-11-102.7. Imposition of telecommunications relay service13
surcharge on prepaid wireless - rules - definitions - repeal.14
(2) (a) F
OR RETAIL TRANSACTIONS MADE PRIOR TO JANUARY 1, 2026, a
15
prepaid wireless TRS charge of one-tenth of one percent of the price of16
the retail transaction is hereby imposed on each retail transaction.17
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.
18
SECTION 15. In Colorado Revised Statutes, repeal and reenact,19
with amendments, article 17 of title 40 as follows:20
ARTICLE 1721
Telephone Disability Access22
40-17-101. Definitions. AS USED IN THIS ARTICLE 17, UNLESS THE23
CONTEXT OTHERWISE REQUIRES :24
(1) "COMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION25
CREATED IN SECTION 40-2-101.26
(2) "CONSUMER" MEANS A PERSON WHO PURCHASES PREPAID27
1154
-25- WIRELESS TELECOMMUNICATIONS SERVICE IN A RETAIL TRANSACTION .1
(3) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE .2
(4) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR3
PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.4
(5) "PREPAID TELEPHONE DISABILITY ACCESS CHARGE" OR5
"CHARGE" MEANS THE CHARGE IMPOSED BY THE COMMUNICATION6
SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE PURSUANT TO7
SECTION 26-21-103.5 (1)(a)(III).8
(6) "RETAIL TRANSACTION" MEANS THE PURCHASE OF PREPAID9
WIRELESS TELECOMMUNICATIONS SERVICE FROM A SELLER FOR ANY10
PURPOSE OTHER THAN RESALE .11
(7) "SELLER" MEANS A PERSON THAT SELLS PREPAID WIRELESS12
TELECOMMUNICATIONS SERVICES TO ANOTHER PERSON .13
(8) "SERVICE SUPPLIER" MEANS A PERSON PROVIDING VOICE14
TELEPHONE ACCESS LINES TO ANY SERVICE USER IN THE STATE, EITHER15
DIRECTLY OR BY RESALE.16
(9) "SERVICE USER" MEANS A PERSON THAT IS PROVIDED A VOICE17
TELEPHONE ACCESS LINE IN THE STATE.18
(10) "TELEPHONE ACCESS LINE" MEANS A VOICE GRADE CHANNEL19
OR ITS EQUIVALENT ASSIGNED TO A RESIDENTIAL OR COMMERCIAL END20
USER CUSTOMER BY A SERVICE SUPPLIER , REGARDLESS OF THE21
TECHNOLOGY USED TO PROVIDE THE SERVICE .22
(11) "TELEPHONE DISABILITY ACCESS SURCHARGE" OR23
"SURCHARGE" MEANS THE SURCHARGE IMPOSED BY THE COMMUNICATION24
SERVICES FOR PEOPLE WITH DISABILITIES ENTERPRISE PURSUANT TO25
SECTION 26-21-103.5 (1)(a)(II).26
40-17-102. Telephone disability access surcharges collected for27
1154
-26- the enterprise - Colorado telephone users with disabilities fund -1
created - remittance - rules. (1) THE COMMISSION SHALL COLLECT, ON2
BEHALF OF THE COMMUNICATION SERVICES FOR PEOPLE WITH DISABILITIES3
ENTERPRISE, THE TELEPHONE DISABILITY ACCESS SURCHARGE TO FUND4
THE ENTERPRISE. THE COMMISSION SHALL COLLABORATE WITH THE5
ENTERPRISE TO ESTABLISH THE AMOUNT OF THE SURCHARGE ONCE PER6
YEAR.7
(2) (a) EACH SERVICE SUPPLIER SHALL COLLECT THE SURCHARGE8
FROM ITS SERVICE USERS. THE SURCHARGE IS THE LIABILITY OF THE9
SERVICE USER AND NOT OF THE SERVICE SUPPLIER; EXCEPT THAT THE10
SERVICE SUPPLIER IS LIABLE TO REMIT ALL SURCHARGES THAT THE11
SERVICE SUPPLIER COLLECTS FROM SERVICE USERS .12
(b) THE SURCHARGE SHALL BE LISTED AS A SEPARATE ITEM THAT13
APPEARS ON A SERVICE USER'S MONTHLY BILLING STATEMENT .14
(3) (a) THE SERVICE SUPPLIER SHALL REMIT THE COLLECTED15
SURCHARGES TO THE COMMISSION ON A MONTHLY BASIS IN A MANNER16
ESTABLISHED BY THE COMMISSION. THE COMMISSION SHALL ESTABLISH17
REMITTANCE PROCEDURES BY RULE. A SERVICE SUPPLIER IS SUBJECT TO18
THE PENALTIES AND PROCEDURES SET FORTH IN SECTION 40-17-103 FOR19
THE FAILURE TO COLLECT OR CORRECTLY REMIT A SURCHARGE IN20
ACCORDANCE WITH THIS SECTION .21
(b) A SERVICE SUPPLIER MAY DEDUCT AND RETAIN ONE PERCENT22
OF THE SURCHARGES THAT ARE COLLECTED BY THE SERVICE SUPPLIER23
FROM ITS SERVICE USERS.24
(c) (I) THE STATE TREASURER SHALL CREDIT THE SURCHARGE25
COLLECTIONS REMITTED TO THE COMMISSION PURSUANT TO SUBSECTION26
(3)(a) OF THIS SECTION TO THE COLORADO DIVISION FOR THE DEAF, HARD27
1154
-27- OF HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION 26-21-1071
(1). ANY SURCHARGE TRANSMITTED TO THE STATE TREASURER THAT IS2
COLLECTED ON BEHALF OF THE ENTERPRISE IS EXCLUDED FROM STATE3
FISCAL YEAR SPENDING.4
(II) THE COMMISSION MAY RETAIN UP TO FOUR PERCENT OF THE5
COLLECTED SURCHARGES NECESSARY TO REIMBURSE THE COMMISSION FOR6
ITS DIRECT AND INDIRECT COSTS OF ADMINISTERING THE COLLECTION AND7
REMITTANCE OF SURCHARGES FOR THE ENTERPRISE , INCLUDING COSTS8
RELATED TO CONDUCTING AUDITS OF SERVICE SUPPLIERS IN ACCORDANCE9
WITH SECTION 40-17-103. MONEY THAT THE COMMISSION RETAINS10
PURSUANT TO THIS SUBSECTION (3)(c)(II) SHALL BE CREDITED TO THE11
C
OLORADO TELEPHONE USERS WITH DISABILITIES FUND , WHICH FUND IS
12
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY13
CREDITED TO THE FUND PURSUANT TO THIS SUBSECTION (3)(c)(II) AND14
ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR15
TRANSFER TO THE FUND . THE STATE TREASURER SHALL CREDIT ALL16
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF17
MONEY IN THE COLORADO TELEPHONE USERS WITH DISABILITIES FUND TO18
THE FUND.19
(4) THE SURCHARGE IMPOSED BY THE ENTERPRISE PURSUANT TO20
SECTION 26-21-103.5 (1)(a)(II) IS THE ONLY DIRECT COMMUNICATION21
SERVICES FOR PEOPLE WITH DISABILITIES FUNDING OBLIGATION IMPOSED22
UPON SERVICE USERS IN THE STATE. NO TAX, FEE, SURCHARGE, OR OTHER23
CHARGE TO FUND THE ENTERPRISE IS IMPOSED BY THE STATE , ANY24
POLITICAL SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL25
AGENCY UPON A SELLER OR CONSUMER WITH RESPECT TO THE SALE,26
PURCHASE, USE, OR PROVISION OF A TELEPHONE ACCESS LINE IN THE27
1154
-28- STATE.1
(5) THIS SECTION DOES NOT APPLY TO PREPAID WIRELESS2
TELECOMMUNICATIONS SERVICES .3
(6) THE TELEPHONE DISABILITY ACCESS SURCHARGE SHALL NOT BE4
IMPOSED ON THE SERVICE SUPPLIER OR THE SERVICE USERS WITH RESPECT5
TO FEDERALLY SUPPORTED LIFELINE SERVICE .6
40-17-103. Service supplier obligations - penalties - audits -7
rules. (1) EVERY SERVICE SUPPLIER SHALL COLLECT THE TELEPHONE8
DISABILITY ACCESS SURCHARGE FROM ITS SERVICE USERS .9
(2) A SERVICE SUPPLIER IS LIABLE ONLY FOR THE SURCHARGE10
COLLECTED PURSUANT TO THIS ARTICLE 17 UNTIL THE SURCHARGE IS11
REMITTED TO THE COMMISSION. THE AMOUNT REMITTED BY THE SERVICE12
SUPPLIER MUST REFLECT THE ACTUAL COLLECTIONS BASED ON THE13
ACTUAL TELEPHONE ACCESS LINE BILLED .14
(3) A SERVICE SUPPLIER SHALL REMIT THE SURCHARGE IN15
ACCORDANCE WITH SECTION 40-17-102 AND RULES ADOPTED BY THE16
COMMISSION.17
(4) (a) THE SERVICE SUPPLIER SHALL MAINTAIN A RECORD OF THE18
AMOUNT OF EACH SURCHARGE COLLECTED AND REMITTED BY THE SERVICE19
USER ADDRESS FOR A PERIOD OF THREE YEARS AFTER THE TIME THE20
CHARGE IS COLLECTED AND REMITTED .21
(b) IF A SERVICE SUPPLIER FAILS TO TIMELY FILE A REPORT AND22
REMIT THE SURCHARGE AS REQUIRED BY THIS SECTION, OR IF A SERVICE23
SUPPLIER FILES AN INCORRECT REPORT OR FAILS TO REMIT THE CORRECT24
AMOUNT, THE COMMISSION SHALL ESTIMATE THE AMOUNT OF THE25
REMITTANCE DUE FOR THE PERIOD OR PERIODS FOR WHICH THE SERVICE26
SUPPLIER IS DELINQUENT. THE COMMISSION SHALL MAKE THE ESTIMATE27
1154
-29- BASED ON THE INFORMATION AVAILABLE. THE COMMISSION SHALL1
COMPUTE AND ASSESS A PENALTY EQUAL TO FIFTEEN PERCENT OF THE2
ESTIMATE OF THE DELINQUENT AMOUNT AND SHALL ASSESS INTEREST ON3
THE DELINQUENT CHARGES AT THE RATE OF ONE PERCENT EACH MONTH4
FROM THE DATE WHEN DUE UNTIL THE DATE PAID .5
(c) EXCEPT AS PROVIDED IN THIS SECTION AND UNLESS SUCH TIME6
IS EXTENDED BY AGREEMENT PURSUANT TO SUBSECTION (4)(d) OF THIS7
SECTION, THE AMOUNT OF A DELINQUENT REMITTANCE AND THE PENALTY8
AND INTEREST OWED PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION,9
OTHER THAN INTEREST ACCRUING THEREAFTER, SHALL BE ASSESSED10
WITHIN THREE YEARS AFTER THE DATE THE INCORRECT REPORT WAS FILED11
OR THE DELINQUENT REPORT WAS TO BE FILED. THE COMMISSION SHALL12
NOT FILE A NOTICE OF LIEN, ISSUE A DISTRAINT WARRANT, INSTITUTE A13
SUIT FOR COLLECTION, OR TAKE OTHER ACTION TO COLLECT THE AMOUNT14
AFTER THE EXPIRATION OF SUCH PERIOD UNLESS THE COMMISSION ISSUES15
A NOTICE OF ASSESSMENT FOR THE AMOUNT WITHIN SUCH PERIOD OR16
WITHIN AN EXTENDED PERIOD PURSUANT TO SUBSECTION (4)(d) OF THIS17
SECTION.18
(d) IF, BEFORE THE EXPIRATION OF THE TIME PRESCRIBED FOR THE19
ASSESSMENT OF DELINQUENT AMOUNTS IN SUBSECTION (4)(c) OF THIS20
SECTION, THE COMMISSION AND THE SERVICE SUPPLIER CONSENT IN21
WRITING TO AN ASSESSMENT AFTER SUCH TIME , THE AMOUNT22
CALCULATED IN ACCORDANCE WITH SUBSECTION (4)(b) OF THIS SECTION23
MAY BE ASSESSED AT ANY TIME PRIOR TO THE EXPIRATION OF THE PERIOD24
AGREED UPON. THE PERIOD AGREED UPON MAY BE EXTENDED BY25
SUBSEQUENT AGREEMENTS IN WRITING MADE BEFORE THE EXPIRATION OF26
THE PERIOD PREVIOUSLY AGREED UPON. THE COMMISSION MAY FILE A LIEN27
1154
-30- AGAINST THE PROPERTY OF THE SERVICE SUPPLIER FOR UP TO ONE YEAR1
AFTER THE EXPIRATION OF ANY SUCH PERIOD, UNLESS OTHERWISE2
SPECIFICALLY PROVIDED IN THIS ARTICLE 17.3
(e) THE COMMISSION MAY CONDUCT AN AUDIT OF A SERVICE4
SUPPLIER'S BOOKS AND RECORDS CONCERNING THE COLLECTION AND5
REMITTANCE OF THE CHARGES AUTHORIZED UNDER THIS ARTICLE 17. A6
PUBLIC INSPECTION OF THE AUDIT AND OF DOCUMENTS REVIEWED IN THE7
AUDIT IS SUBJECT TO SECTION 24-72-204. THE COMMISSION IS8
RESPONSIBLE FOR EXPENSES THE COMMISSION MAY INCUR TO CONDUCT9
THE AUDIT. IN CONNECTION WITH AUDITS PERFORMED, SERVICE SUPPLIERS10
SHALL MAKE RELEVANT RECORDS AVAILABLE TO THE AUDITORS AT NO11
CHARGE. THE COMMISSION SHALL ADOPT RULES GOVERNING THE AUDIT12
AND APPEAL PROCEDURES.13
(f) THE COMMISSION SHALL DEPOSIT ANY PENALTIES COLLECTED14
OR INTEREST IN THE COLORADO DIVISION FOR THE DEAF, HARD OF15
HEARING, AND DEAFBLIND CASH FUND CREATED IN SECTION 26-21-107 (1).16
40-17-104. Prepaid telephone disability access charges17
collected for the enterprise - prepaid telephone disability access18
charge cash fund - created - remittance - rules. (1) (a) ON AND AFTER19
J
ANUARY 1, 2026, EVERY
SELLER SHALL COLLECT, ON BEHALF OF THE20
ENTERPRISE, THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE FROM21
THE CONSUMER ON EACH RETAIL TRANSACTION OCCURRING IN THE STATE.22
THE AMOUNT OF THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE23
SHALL BE DISCLOSED TO THE CONSUMER ON AN INVOICE, A RECEIPT, OR24
OTHER SIMILAR DOCUMENT THAT THE SELLER PROVIDES TO THE25
CONSUMER. A SELLER SHALL ELECT TO EITHER DISCLOSE OR SEPARATELY26
STATE THE CHARGE AND NOT CHANGE THE ELECTION WITHOUT THE27
1154
-31- WRITTEN CONSENT OF THE DEPARTMENT. THE SELLER IS DEEMED TO HAVE1
COLLECTED THE CHARGE NOTWITHSTANDING THE SELLER 'S FAILURE TO2
SEPARATELY DISCLOSE OR STATE THE CHARGE ON AN INVOICE, A RECEIPT,3
OR OTHER SIMILAR DOCUMENT THAT THE SELLER PROVIDES THE4
CONSUMER. 5
(b) FOR PURPOSES OF THIS SECTION, A RETAIL TRANSACTION6
OCCURS IN COLORADO IF:7
(I) THE CONSUMER EFFECTS THE RETAIL TRANSACTION IN PERSON8
AT A BUSINESS LOCATION IN COLORADO;9
(II) IF SUBSECTION (1)(b)(I) OF THIS SECTION DOES NOT APPLY, THE10
PRODUCT IS DELIVERED TO THE CONSUMER AT A COLORADO ADDRESS11
PROVIDED TO THE SELLER;12
(III) IF SUBSECTIONS (1)(b)(I) AND (1)(b)(II) OF THIS SECTION DO13
NOT APPLY, THE SELLER'S RECORDS, MAINTAINED IN THE ORDINARY14
COURSE OF BUSINESS, INDICATE THAT THE CONSUMER'S ADDRESS IS IN15
COLORADO, AND THE RECORDS ARE NOT MADE OR KEPT IN BAD FAITH ;16
(IV) IF SUBSECTIONS (1)(b)(I) TO (1)(b)(III) OF THIS SECTION DO17
NOT APPLY, THE CONSUMER GIVES A COLORADO ADDRESS DURING THE18
CONSUMMATION OF THE SALE, INCLUDING THE CONSUMER'S PAYMENT19
INSTRUMENT IF NO OTHER ADDRESS IS AVAILABLE , AND THERE IS NO20
INDICATION THAT THE ADDRESS IS GIVEN IN BAD FAITH ; OR21
(V) IF SUBSECTIONS (1)(b)(I) TO (1)(b)(IV) OF THIS SECTION DO22
NOT APPLY, THE CONSUMER'S MOBILE TELEPHONE NUMBER IS ASSOCIATED23
WITH A COLORADO LOCATION.24
(c) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE IS THE25
LIABILITY OF THE CONSUMER AND NOT OF THE SELLER; EXCEPT THAT THE26
SELLER IS LIABLE TO REMIT ALL CHARGES THAT THE SELLER COLLECTS27
1154
-32- FROM A CONSUMER AS PROVIDED IN SUBSECTION (2) OF THIS SECTION.1
(d) THE AMOUNT OF THE PREPAID TELEPHONE DISABILITY ACCESS2
CHARGE THAT IS COLLECTED BY A SELLER FROM A CONSUMER IS NOT3
INCLUDED IN THE BASE FOR MEASURING ANY TAX, FEE, SURCHARGE, OR4
OTHER CHARGE THAT IS IMPOSED BY THE STATE, ANY POLITICAL5
SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL AGENCY .6
(2) (a) THE SELLER SHALL REMIT ANY COLLECTED PREPAID7
TELEPHONE DISABILITY ACCESS CHARGES TO THE DEPARTMENT AT THE8
TIMES AND IN THE MANNER PROVIDED IN PART 1 OF ARTICLE 26 OF TITLE9
39. THE DEPARTMENT SHALL ESTABLISH, BY RULE, REGISTRATION AND10
PAYMENT PROCEDURES THAT SUBSTANTIALLY COINCIDE WITH THE11
REGISTRATION AND PAYMENT PROCEDURES THAT APPLY UNDER PART 1 OF12
ARTICLE 26 OF TITLE 39. A SELLER IS SUBJECT TO THE PENALTIES AND13
INTEREST UNDER PART 1 OF ARTICLE 26 OF TITLE 39 FOR FAILURE TO14
COLLECT OR REMIT A CHARGE IN ACCORDANCE WITH THIS SECTION .15
(b) A SELLER MAY DEDUCT AND RETAIN THREE AND THREE-TENTHS16
PERCENT OF THE PREPAID TELEPHONE DISABILITY ACCESS CHARGES THAT17
ARE COLLECTED BY A SELLER FROM CONSUMERS .18
(c) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL19
COLLECT, ADMINISTER, AND ENFORCE THE PREPAID TELEPHONE DISABILITY20
ACCESS CHARGE PURSUANT TO ARTICLE 21 OF TITLE 39. THE AUDIT AND21
APPEAL PROCEDURES APPLICABLE TO THE STATE SALES TAX PURSUANT TO22
PART 1 OF ARTICLE 26 OF TITLE 39 APPLY TO PREPAID TELEPHONE23
DISABILITY ACCESS CHARGES.24
(d) THE DEPARTMENT SHALL, BY RULE, ESTABLISH PROCEDURES BY25
WHICH A SELLER MAY DOCUMENT THAT A TRANSACTION IS NOT A RETAIL26
TRANSACTION, WHICH PROCEDURES MUST SUBSTANTIALLY COINCIDE WITH27
1154
-33- THE PROCEDURES FOR DOCUMENTING THAT A SALE WAS WHOLESALE FOR1
PURPOSES OF THE SALES TAX PURSUANT TO PART 1 OF ARTICLE 26 OF TITLE2
39.3
(e) (I) THE STATE TREASURER SHALL CREDIT THE PREPAID4
TELEPHONE DISABILITY ACCESS CHARGES REMITTED TO THE DEPARTMENT5
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE COLORADO6
DIVISION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND CASH FUND7
CREATED IN SECTION 26-21-107 (1).8
(II) THE DEPARTMENT MAY RETAIN UP TO THREE PERCENT OF THE9
COLLECTED CHARGES NECESSARY TO REIMBURSE THE DEPARTMENT FOR10
ITS DIRECT COSTS OF ADMINISTERING THE COLLECTION AND REMITTANCE11
OF PREPAID TELEPHONE DISABILITY ACCESS CHARGES. MONEY THAT THE12
DEPARTMENT RETAINS PURSUANT TO THIS SUBSECTION (2)(e)(II) SHALL BE13
CREDITED TO THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE CASH14
FUND, WHICH FUND IS CREATED IN THE STATE TREASURY . THE FUND15
CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO THIS16
SUBSECTION (2)(e)(II) AND ANY OTHER MONEY THAT THE GENERAL17
ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE STATE18
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE19
DEPOSIT AND INVESTMENT OF MONEY IN THE PREPAID TELEPHONE20
DISABILITY ACCESS CHARGE CASH FUND TO THE FUND .21
(3) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE IS THE22
ONLY DIRECT DISABILITY COMMUNICATION ACCESS FUNDING OBLIGATION23
IMPOSED WITH RESPECT TO PREPAID WIRELESS TELECOMMUNICATIONS24
SERVICE IN THE STATE. NO TAX, FEE, SURCHARGE, OR OTHER CHARGE TO25
FUND DISABILITY COMMUNICATION ACCESS IS IMPOSED BY THE STATE , ANY26
POLITICAL SUBDIVISION OF THE STATE, OR ANY INTERGOVERNMENTAL27
1154
-34- AGENCY UPON A SELLER OR CONSUMER WITH RESPECT TO THE SALE,1
PURCHASE, USE, OR PROVISION OF PREPAID WIRELESS2
TELECOMMUNICATIONS SERVICE .3
(4) THE PREPAID TELEPHONE DISABILITY ACCESS CHARGE SHALL4
NOT BE IMPOSED ON THE SELLER OR THE CONSUMER WITH RESPECT TO5
FEDERALLY SUPPORTED LIFELINE SERVICE .6
SECTION 16. In Colorado Revised Statutes, 2-3-1203, add7
(22)(a)(VII) as follows:8
2-3-1203. Sunset review of advisory committees - legislative9
declaration - definition - repeal. (22) (a) The following statutory10
authorizations for the designated advisory committees will repeal on11
September 1, 2031:12
(VII) THE COLORADO COMMISSION FOR THE DEAF , HARD OF13
HEARING, AND DEAFBLIND ADVISORY COUNCIL, AS SET FORTH IN SECTIONS14
26-21-104 AND 26-21-105 (2) AND (5).15
SECTION 17. In Colorado Revised Statutes, 6-1-707, amend16
(1)(e)(I)(B) as follows:17
6-1-707. Use of title or degree - deceptive trade practice. (1) A18
person engages in a deceptive trade practice when, in the course of the19
person's business, vocation, or occupation, the person:20
(e) (I) Claims to be a "sign language interpreter", "interpreter for21
the deaf", "deaf interpreter", "ASL-English interpreter", "American sign22
language (ASL) interpreter", "translator" for sign language,23
"transliterator", "certified sign language interpreter", "certified translator"24
for sign language, "certified interpreter for the deaf", "certified deaf25
interpreter", "certified ASL-English interpreter", "certified American sign26
language (ASL) interpreter", or "certified transliterator", unless the27
1154
-35- person holds:1
(B) Any A currently valid certification for sign language2
interpretation that is approved by the Colorado commission DIVISION for3
the deaf, hard of hearing, and deafblind PURSUANT TO SECTION 26-21-1064
(1)(f).5
SECTION 18. In Colorado Revised Statutes, amend 13-71-1376
as follows:7
13-71-137. Duties and responsibilities of auxiliary services8
providers for jurors who are deaf, hard of hearing, or deafblind.9
(1) The court may provide, through the list of available resources10
coordinated through the Colorado commission DIVISION for the deaf, hard11
of hearing, and deafblind pursuant to section 26-21-106 (4), a qualified12
PROVIDER OF auxiliary services, provider, as defined in section 13-90-20213
(8) (3), to assist during a trial a juror who is deaf, hard of hearing, or14
deafblind. In the presence of the jury, the court shall instruct the qualified15
auxiliary services provider to make true and complete translations of all16
court proceedings to the juror who is deaf, hard of hearing, or deafblind17
to the best of the qualified auxiliary services provider's ability.18
(2) The qualified interpreter is subject to the same orders and19
admonitions given to the jurors. The court shall permit a qualified20
auxiliary services provider to be present and assist a juror who is deaf,21
hard of hearing, or deafblind during the deliberations of the jury. In the22
presence of the jury, the court shall instruct the qualified auxiliary23
services provider to refrain from participating in any manner in the24
deliberation of the jury and to refrain from having any communications25
with any member of the jury regarding deliberation, except for true and26
complete translations of jurors' remarks made during deliberation. A jury27
1154
-36- verdict reached in the presence of a qualified auxiliary services provider,1
during deliberation, is valid.2
SECTION 19. In Colorado Revised Statutes, 13-90-202, amend3
(8); repeal (4); and add (6.3) and (7.3) as follows:4
13-90-202. Definitions. As used in this part 2, unless the context5
otherwise requires:6
(4) "Commission" means the Colorado commission for the deaf,7
hard of hearing, and deafblind in the department of human services8
created in section 26-21-104.9
(6.3) "DIVISION" MEANS THE DIVISION FOR THE DEAF, HARD OF10
HEARING, AND DEAFBLIND IN THE DEPARTMENT OF HUMAN SERVICES11
CREATED IN SECTION 26-21-106 (1).12
(7.3) "ENTERPRISE" MEANS THE COMMUNICATION SERVICES FOR13
PEOPLE WITH DISABILITIES ENTERPRISE CREATED IN SECTION 26-21-103.5.14
(8) "Qualified interpreter" means a person who has a valid15
certification of competency accepted by the commission DIVISION and16
includes but is not limited to, oral interpreters, sign language interpreters,17
and intermediary interpreters.18
SECTION 20. In Colorado Revised Statutes, amend 13-90-20319
as follows:20
13-90-203. Powers and duties of the enterprise - rules. The21
department of human services BOARD OF DIRECTORS OF THE ENTERPRISE22
shall promulgate ADOPT rules pursuant to article 4 of title 24 C.R.S.,23
which have been proposed by the commission as necessary for the24
implementation of this part 2. The rule-making process shall be open and25
available for input from the public, including but not limited to26
interpreters and consumers of interpreter services.27
1154
-37- SECTION 21. In Colorado Revised Statutes, amend 13-90-2051
as follows:2
13-90-205. Coordination of auxiliary services requests. (1) The3
commission DIVISION, in collaboration with the judicial department, shall4
establish, monitor, coordinate, and publish a list of available resources5
regarding communication accessibility for persons INDIVIDUALS who are6
deaf, hard of hearing, or deafblind, including qualified auxiliary services7
providers, for use by an appointing authority pursuant to section8
13-90-204. The list must contain the names of private individual9
providers and agencies that secure qualified auxiliary services for10
assignment.11
(2) Whenever a qualified auxiliary service is required pursuant to12
section 13-90-204, the appointing authority shall secure the auxiliary13
service through the list of available resources made available and14
coordinated by the commission DIVISION in accordance with subsection15
(1) of this section.16
(3) The commission DIVISION shall provide auxiliary services for17
a proceeding described by section 13-90-204 (1)(a), (1)(b), or (1)(c). The18
commission DIVISION does not have additional responsibilities beyond the19
requirements of subsection (1) of this section for a proceeding described20
in section 13-90-204 (1)(d) or (1)(f).21
SECTION 22. In Colorado Revised Statutes, amend 13-90-21022
as follows:23
13-90-210. Compensation. Subject to the appropriations PER THE24
FUNDING available to the commission DIVISION, a qualified interpreter or25
computer-aided realtime translation reporter AUXILIARY SERVICES26
PROVIDER provided pursuant to section 13-90-204 shall be entitled to27
1154
-38- compensation for his or her SHALL BE COMPENSATED FOR THEIR services,1
including waiting time and necessary travel and subsistence expenses.2
The amount of compensation shall be based on a fee schedule for3
qualified interpreters and auxiliary services PROVIDERS established by the4
commission DIVISION.5
SECTION 23. In Colorado Revised Statutes, 18-1.3-701, amend6
(1)(c) as follows:7
18-1.3-701. Judgment of costs and fines - definitions.8
(1) (c) Judgments collected pursuant to this section for fees for auxiliary9
services provided pursuant to section 13-90-204, and reimbursed pursuant10
to section 13-90-210, shall be remitted to the Colorado commission11
DIVISION for the deaf, hard of hearing, and deafblind in the department of12
human services CASH FUND created in section 26-21-104 26-21-107.13
SECTION 24. In Colorado Revised Statutes, 24-1-120, amend14
(5)(h); and add (5)(g.5) and (5)(g.7) as follows:15
24-1-120. Department of human services - creation. (5) The16
department of human services includes the following:17
(g.5) THE COMMUNICATION SERVICES FOR PEOPLE WITH18
DISABILITIES ENTERPRISE, CREATED IN ARTICLE 21 OF TITLE 26. THE19
ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND20
EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER21
THE DEPARTMENT.22
(g.7) THE DIVISION FOR THE DEAF, HARD OF HEARING, AND23
DEAFBLIND CREATED IN ARTICLE 21 OF TITLE 26. THE DIVISION IS A TYPE24
2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS25
AND FUNCTIONS UNDER THE DEPARTMENT .26
(h) The Colorado commission for the deaf, hard of hearing, and27
1154
-39- deafblind ADVISORY COUNCIL, created in article 21 of title 26. The1
Colorado commission for the deaf, hard of hearing, and deafblind is a2
type 2 entity, as defined in section 24-1-105, and exercises its powers and3
performs its duties and functions under the department.4
SECTION 25. In Colorado Revised Statutes, 24-34-104, repeal5
(32)(a)(XII) as follows:6
24-34-104. General assembly review of regulatory agencies7
and functions for repeal, continuation, or reestablishment - legislative8
declaration - repeal. (32) (a) The following agencies, functions, or both,9
are scheduled for repeal on September 1, 2031:10
(XII) The Colorado commission for the deaf, hard of hearing, and11
deafblind created in article 21 of title 26;12
SECTION 26. In Colorado Revised Statutes, 39-21-102, add (9)13
as follows:14
39-21-102. Scope. (9) T
HIS ARTICLE 21 APPLIES TO THE FEE
15
IMPOSED PURSUANT TO SECTION 40-17-104, BUT ONLY TO THE EXTENT16
THAT THIS ARTICLE 21 IS NOT INCONSISTENT WITH SECTION 40-17-104.17
SECTION 27. In Colorado Revised Statutes, 29-2-201, amend18
as it will become effective July 1, 2025, (8)(e) as follows:19
29-2-201. Definitions. As used in this part 2, unless the context20
otherwise requires:21
(8) "Sales or use tax" includes the:22
(e) Prepaid wireless TRS TELEPHONE DISABILITY ACCESS charge23
imposed pursuant to section 29-11-102.7 SECTION 40-17-104; and24
SECTION 28. In Colorado Revised Statutes, 29-2-202, amend25
as it will become effective July 1, 2025, (1)(b)(V) as follows:26
29-2-202. Applicability. (1) Except as provided in sections27
1154
-40- 29-2-209 and 29-2-211, this part 2 applies to:1
(b) (V) The prepaid wireless TRS TELEPHONE DISABILITY ACCESS2
charge imposed pursuant to section 29-11-102.7 SECTION 40-17-104; and3
SECTION 29. In Colorado Revised Statutes, 39-21-119.5,4
amend (2)(t) as follows:5
39-21-119.5. Mandatory electronic filing of returns -6
mandatory electronic payment - penalty - waiver - definitions.7
(2) Except as provided in subsection (6) of this section, the executive8
director may, as specified in subsection (3) of this section, require the9
electronic filing of returns and require the payment of any tax or fee due10
by electronic funds transfer for the following:11
(t) Any prepaid wireless telecommunications relay service12
TELEPHONE DISABILITY ACCESS charge report required to be filed and13
payment required to be made pursuant to section 29-11-102.7 (3) SECTION14
40-17-104; and15
SECTION 30. In Colorado Revised Statutes, 40-2-112, amend16
(1)(a) as follows:17
40-2-112. Computation of fees. (1) (a) On or before June 1 of18
each year, the executive director of the department of revenue shall19
ascertain the aggregate amount of gross operating revenues of telephone20
corporations and all other public utilities filing returns as provided in21
section 40-2-111. Based on appropriations made by the general assembly,22
the executive director of the department of regulatory agencies shall23
specify, for the telecommunications utility fund, created in section24
40-2-114 (1)(b)(I), and the public utilities commission fixed utility fund,25
created in section 40-2-114 (1)(b)(II), the revenue needed to provide for26
the direct and indirect costs of the supervision and regulation of telephone27
1154
-41- corporations and all other public utilities under the jurisdiction of the1
department of regulatory agencies, excluding the amount of money2
provided as administrative support from the various telecommunications3
programs administered by the commission, including the high cost4
support mechanism, established in section 40-15-208; the 911 surcharge,5
established in section 29-11-102.3; the 988 surcharge, established in6
section 40-17.5-102; and the telecommunications relay service7
TELEPHONE DISABILITY ACCESS surcharge, established in section8
40-17-103 SECTION 40-17-102.9
10
SECTION 31. Appropriation - adjustments to 2025 long bill.11
(1) To implement this act, the general fund appropriation made in the12
annual general appropriation act for the 2025-26 state fiscal year to the13
department of education for use by library programs for reading services14
for the blind is decreased by $250,000.15
(2) To implement this act, the cash funds appropriation from the16
Colorado telephone users with disabilities fund created in section17
40-17-102 (3)(c)(II), C.R.S., made in the annual general appropriation act18
for the 2025-26 state fiscal year to the department of regulatory agencies19
for use by the public utilities commission is decreased as follows:20
(a) $265,965 for personal services, and the related FTE is21
decreased by 2.0 FTE; and22
(c) $3,413,703 for the Colorado commission for the deaf, hard of23
hearing, and deafblind cash fund.24
(3) To implement this act, the reappropriated funds appropriation25
made in the annual general appropriation act for the 2025-26 state fiscal26
year to the department of human services for use by the Colorado27
1154
-42- commission for the deaf, hard of hearing, and deafblind is decreased by1
$3,413,703. This appropriation is from reappropriated funds received2
from the department of regulatory agencies for use by the public utilities3
commission for the Colorado commission for the deaf, hard of hearing,4
and deafblind cash fund.5
SECTION 32. Appropriation. (1) For the 2025-26 state fiscal6
year, $250,000 is appropriated to the department of regulatory agencies7
for use by the public utilities commission. This appropriation is from the8
Colorado telephone users with disabilities fund created in section9
40-17-102 (3)(c)(II), C.R.S. To implement this act, the commission may10
use this appropriation for transfer to the reading services for the blind11
cash fund.12
(2) For the 2025-26 state fiscal year, $250,000 is appropriated to13
the department of education for use by library programs. This14
appropriation is from reappropriated funds received from the department15
of regulatory agencies under subsection (1) of this section. To implement16
this act, library programs may use this appropriation for reading services17
for the blind.18
(3) For the 2025-26 state fiscal year, $4,958,625 is appropriated19
to the department of human services. This appropriation is from the20
Colorado division for the deaf, hard of hearing, and deafblind cash fund21
created in section 26-21-107 (1), C.R.S. To implement this act, the22
department may use this appropriation as follows:23
(a) $4,891,755 for the communication services for people with24
disabilities enterprise, which amount is based on an assumption that the25
enterprise will require an additional 3.0 FTE; and26
(b) $66,870 for the purchase of legal services.27
1154
-43- (4) For the 2025-26 state fiscal year, $66,870 is appropriated to1
the department of law. This appropriation is from reappropriated funds2
received from the department of human services under subsection (3)(b)3
of this section and is based on an assumption that the department of law4
will require an additional 0.3 FTE. To implement this act, the department5
of law may use this appropriation to provide legal services for the6
department of human services.7
(5) For the 2025-26 state fiscal year, $21,467 is appropriated to8
the department of revenue. This appropriation is from the prepaid9
wireless trust cash fund created in section 40-17-104 (2)(e)(II), C.R.S. To10
implement this act, the department may use this appropriation as follows:11
(a) $10,892 for tax administration IT system (GenTax) support;12
(b) $2,176 for use by the taxation business group for personal13
services related to taxation services;14
(c) $ 4,725 for use by the executive director's office for personal15
services related to administration and support; and16
(d) $3,674 for the purchase of document management services.17
(6) For the 2025-26 state fiscal year, $3,674 is appropriated to the18
department of personnel. This appropriation is from reappropriated funds19
received from the department of revenue under subsection (5)(d) of this20
section. To implement this act, the department of personnel may use this21
appropriation to provide document management services for the22
department of revenue.23
SECTION 33. Effective date. (1) Except as otherwise provided24
in this section, this act takes effect upon passage.25
(2) Sections 39-21-102, 29-2-201, 29-2-202, and 39-21-119.5,26
Colorado Revised Statutes, as amended in sections 26, 27, 28, and 29 of27
1154
-44- this act, respectively, take effect January 1, 2026.1
SECTION 34. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
1154
-45-