Powers, functions, and duties of commission - community access program - report.

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(1) The powers, functions, and duties of the commission include:

  1. Serving as a liaison between deaf, hard of hearing, and deafblind and the generalassembly, governor, and Colorado departments and agencies;

  2. Serving as an informational resource to state and local governments, deaf, hard ofhearing, deafblind, private agencies, and other entities;

  3. Serving as a referral agency for deaf, hard of hearing, and deafblind to state agenciesand institutions, local government agencies, private agencies, and other entities;

  4. Assessing how communications technology has affected the needs of deaf, hard ofhearing, and deafblind. The commission shall assess the type and amount of equipment needed by deaf, hard-of-hearing, and deafblind persons who qualify under the federal poverty guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42 U.S.C. 9902 (2).

  5. Assessing the needs of deaf, hard of hearing, and deafblind and reporting annually tothe governor and the general assembly any recommendations for legislation or administrative changes that may facilitate or streamline the provision of general government services to deaf, hard of hearing, and deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before September 1 of each year, the commission must file the report required by this subsection (1)(e). In preparing the annual report and recommendations, the commission shall consider the following:

  1. Whether any existing statutory or administrative provisions impede the ability of thecommission to act as a statewide coordinating agency advocating for deaf, hard-of-hearing, and deafblind individuals in Colorado;

  2. Any methods, programs, or policies that may improve communication accessibilityand quality of existing services, promote or deliver necessary new services, and assist state agencies in the delivery of services to deaf, hard of hearing, and deafblind;

  3. Any methods, programs, or policies that may make providing access to governmentservices more efficient; and

  4. Any methods, programs, or policies that may improve implementation of state policies affecting deaf, hard of hearing, and deafblind and their relationship with the general public, industry, health care, and educational institutions.

(f) Approving an entity's certification of sign language interpreters in accordance with section 6-1-707 (1)(e)(I)(B).

  1. The commission shall consider the findings of any study authorized under this section and may approve, disapprove, or amend the findings. After consideration of the findings, the commission shall submit a report with recommendations including proposed legislation, if necessary, to the governor and to the general assembly. The commission shall submit the report annually notwithstanding section 24-1-136 (11)(a)(I), and may combine the report with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.

  2. The commission shall establish and coordinate a communications technology program that is consistent with the findings of subsection (1) of this section to obtain and distribute interactive telecommunications and other communications technology equipment needed by deaf, hard-of-hearing, and deafblind persons.

  3. The commission, in collaboration with the judicial department, shall arrange for auxiliary services for the state court system. Arranging auxiliary services for the state court system includes:

  1. Coordinating statewide and day-to-day scheduling of auxiliary services;

  2. Creating and managing a process by which requests for auxiliary services may befilled;

  3. Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;

  4. Coordinating the purchase, shipment, and receipt of assistive listening devices andsystems pursuant to applicable state rules;

  5. Creating and managing efficient and consistent processes through which auxiliaryservices providers may submit required documentation and receive payment for services;

  6. Communicating with auxiliary services users, providers, and state court system agencies to resolve issues between those parties; and

  7. (I) Establishing, monitoring, and publishing a list of available qualified interpretersand CART providers for deaf, hard-of-hearing, or deafblind persons.

(II) For the purposes of this subsection (4)(g):

  1. "CART provider" means a person providing a word-for-word speech-to-text translation service for deaf, hard of hearing, or deafblind.

  2. "Qualified interpreter" means a person who has a valid certification of competencyaccepted by the commission and includes, but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

(5) On or before January 1, 2019, the commission shall establish a one-year pilot program to provide auxiliary services to state departments and agencies. The commission may continue the pilot program in subsequent years if the commission has adequate funding to provide auxiliary services through the pilot program. The commission shall:

  1. Identify at least two state departments or agencies to participate in the pilot programduring calendar year 2019;

  2. Create a process for participating state departments or agencies to request auxiliaryservices from the commission;

  3. Collect data on the utilization of auxiliary services through the pilot program; and

  4. Hire an independent contractor to evaluate the pilot program and make recommendations regarding whether to expand the program to additional state departments and agencies. The evaluation must be based on utilization data from the first year of the program. The evaluation must be included in the September 1, 2020, annual report required by section 2621-106 (1)(e).

  1. The commission shall establish and maintain outreach and consulting services toimprove and ensure effective access to auxiliary services by critical state and local government agencies, private agencies, and other entities. The commission shall also use these services to increase awareness of the programs funded by the Colorado telephone users with disabilities fund established pursuant to section 40-17-104.

  2. The commission's outreach and consulting services include the following duties:

  1. Provide resources to individuals who have encountered barriers to obtaining necessary services;

  2. Assist individuals in understanding and accessing services that may be available tothem;

  3. Consult with state and local government agencies and private entities so that they areequipped to provide direct services or services with accommodations to deaf, hard-of-hearing, and deafblind individuals;

  4. Increase public awareness of the needs and issues facing deaf, hard-of-hearing, anddeafblind individuals; and

  5. Develop and maintain a comprehensive resource directory of services and other programs that may be of use to deaf, hard-of-hearing, and deafblind individuals and to agencies that serve them.

(8) The commission shall maintain a community access program for one-on-one system navigating services to ensure resources are available to individuals and to protect each person's right to effective communication and access to environmental information. The community access program must include the following:

  1. Support service providers for deafblind individuals;

  2. Orientation and mobility specialists for deafblind individuals; and

  3. Peer system navigation for deaf, hard-of-hearing, and deafblind individuals who encounter barriers accessing programs, activities, or services.

Source: L. 2000: Entire article added, p. 1626, § 1, effective June 1. L. 2002: (3) added, p. 776, § 1, effective May 30. L. 2006: (4) added, p. 1090, § 10, effective May 25. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 987, § 5, effective August 5. L. 2015: (1), (2), (6), IP(7), and (7)(c) amended, (SB 15-178), ch. 151, p. 455, § 5, effective July 1. L. 2016: (6) amended, (HB 16-1414), ch. 155, p. 487, § 8, effective September 1. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1840, § 16, effective August 8. L. 2019: (1)(f) added, (HB 19-1069), ch. 114, p. 487, § 2, effective August 2.


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