HB 1109

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1109
     BY REPRESENTATIVE(S) Stewart K. and Joseph, Boesenecker, Brown,
     Clifford, Duran, Froelich, Hamrick, Lindsay, Marshall, Nguyen, Rutinel,
     Sirota, Stewart R., Titone, Zokaie, Camacho, Goldstein, Jackson, Lieder,
     McCormick, Paschal, Phillips, Rydin, Smith, Story, Woodrow;
     also SENATOR(S) Danielson, Amabile, Benavidez, Cutter, Exum,
     Gonzales J., Jodeh, Kipp, Lindstedt, Marchman, Mullica, Roberts, Snyder,
     Sullivan, Wallace, Weissman, Coleman.
     CONCERNING THE COMMISSION OF A STUDY TO DETERMINE IF ADDITIONAL
          CONSUMER PROTECTIONS ARE NEEDED FOR THE DEAF, HARD OF
          HEARING, AND DEAFBLIND COMMUNITY WITH RESPECT TO SIGN
          LANGUAGE INTERPRETATION SERVICES PROVIDED IN THE STATE.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, 26-21-106, amend
     (1)(f) and (1)(g); and add (1)(h) and (10) as follows:
            26-21-106. Division for the deaf, hard of hearing, and deafblind
     - creation - powers, functions, and duties - programs - report - rules -
     definitions - repeal.
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
       (1) The division for the deaf, hard of hearing, and deafblind is
created in the communication services for people with disabilities
enterprise. The powers, functions, and duties of the division include:
       (f) Approving a sign language interpreter's certifications as valid and
reliable in accordance with section 6-1-707 (1)(e)(I)(B); and
       (g) Coordinating the provision of a telecommunications relay
service program for individuals in the state who are deaf, hard of hearing,
or deafblind or speech-disabled. In doing so, this service shall:
        (I) Conform with section 401 of the federal "Americans with
Disabilities Act of 1990", 47 U.S.C. sec. 225, including the provision for
state application to the federal communications commission for
certification; AND
      (II) Meet or exceed all operational, technical, and functional
minimum standards in federal communications commission regulations
governing telecommunication relay services under 47 CFR 64 subpart F and
47 CFR 9 subpart E; AND
       (h)    COORDINATING
                        WITH ANY THIRD-PARTY RESEARCHER
CONTRACTED BY THE BOARD PURSUANT TO SUBSECTION (10) OF THIS
SECTION TO STUDY THE DEAF, HARD OF HEARING, AND DEAFBLIND
COMMUNITY WITH RESPECT TO USING SIGN LANGUAGE INTERPRETER
SERVICES.
      (10) (a) ON OR BEFORE JULY 1, 2027, THE BOARD, IN CONSULTATION
WITH THE DIVISION, MAY ENTER INTO A CONTRACT WITH A THIRD-PARTY
RESEARCHER TO CONDUCT A STUDY FOR THE DEAF, HARD OF HEARING, AND
DEAFBLIND COMMUNITY WITH RESPECT TO USING SIGN LANGUAGE
INTERPRETERS IN THE STATE, WHICH STUDY MAY INCLUDE CONSIDERATION
OF CONSUMER PROTECTIONS REGARDING SIGN LANGUAGE INTERPRETER
SERVICES. IF THE BOARD ENTERS INTO A CONTRACT WITH A THIRD-PARTY
RESEARCHER TO CONDUCT A STUDY, THE THIRD-PARTY RESEARCHER SHALL
COORDINATE WITH THE DIVISION REGARDING THE REQUIRED PARAMETERS
OF THE STUDY, WHICH REQUIRED PARAMETERS MUST INCLUDE:
       (I) INTERVIEWS:
PAGE 2-HOUSE BILL 26-1109
      (A) WITH SIGN LANGUAGE INTERPRETERS IN THE STATE;
      (B)    WITH MEMBERS OF THE DEAF, HARD OF HEARING, AND
DEAFBLIND COMMUNITY WHO HAVE WORKED WITH SIGN LANGUAGE
INTERPRETERS REGARDING THEIR EXPERIENCE AS CONSUMERS OF SIGN
LANGUAGE INTERPRETATION;
      (C) WITH LANGUAGE SERVICE COMPANIES;
      (D) THAT ARE MADE FULLY ACCESSIBLE TO THE INTERVIEWEES,
INCLUDING ACCESS TO CERTIFIED AMERICAN SIGN LANGUAGE INTERPRETERS.
INTERVIEWERS SHALL HAVE PROFICIENT KNOWLEDGE OF DEAF CULTURE AND
EFFECTIVE COMMUNICATIONS WITH MEMBERS OF THE DEAF, HARD OF
HEARING, AND DEAFBLIND COMMUNITY.
      (E)  TO THE EXTENT POSSIBLE, WITH INTERVIEWEES WHO ARE
REPRESENTATIVE OF A RANGE OF AGES, RACIAL AND ETHNIC BACKGROUNDS,
SOCIOECONOMIC BACKGROUNDS, RURAL AND URBAN AREAS, CULTURALLY
DEAF AND LATE-DEAFENED INDIVIDUALS, AND CONSUMERS WHO HAVE
EXPERIENCE RECEIVING BOTH CERTIFIED AND UNCERTIFIED IN-PERSON AND
REMOTE VIDEO SIGN LANGUAGE INTERPRETATION SERVICES;
      (II) COLLECTION OF QUALITATIVE AND QUANTITATIVE DATA:
      (A)   ABOUT WHETHER THE UNREGULATED PRACTICE OF SIGN
LANGUAGE INTERPRETATION CLEARLY HARMS OR ENDANGERS THE HEALTH,
SAFETY, OR WELFARE OF THE PUBLIC; AND
      (B) THAT MAY BE RELEVANT TO OTHER FACTORS THAT COULD BE
INCLUDED IN A FUTURE SUNSET REQUEST THAT THE DEPARTMENT OF
REGULATORY AGENCIES CONSIDERS PURSUANT TO SECTION 24-34-104.1 (4)
WHEN ENGAGING IN ITS SUNRISE REVIEW PROCESS;
      (III) INFORMATION ABOUT THE CURRENT STATE OF THE PROFESSION,
INCLUDING ANY CHANGES IN THE PROFESSION OVER THE LAST DECADE; AND
      (IV)    COMPARATIVE  RESEARCH REGARDING OTHER STATES'
REGULATION OF THE SIGN LANGUAGE INTERPRETATION PROFESSION,
INCLUDING A REVIEW OF REGULATION BY AT LEAST ONE STATE WITH:
PAGE 3-HOUSE BILL 26-1109
       (A) LONG-STANDING REGULATION OF THE PROFESSION;
       (B) RECENTLY ENACTED REGULATION OF THE PROFESSION; AND
       (C) RECENTLY MODIFIED REGULATION OF THE PROFESSION.
       (b) ON OR BEFORE JULY 1, 2028, ANY THIRD-PARTY RESEARCHER
CONTRACTED TO CONDUCT THE STUDY SHALL PREPARE A FINAL REPORT OF
THEIR FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS AND SUBMIT THE
REPORT TO THE BOARD AND THE DIVISION.
      (c) THIS SUBSECTION (10) AND SUBSECTION (1)(h) OF THIS SECTION
ARE REPEALED, EFFECTIVE SEPTEMBER 1, 2029.
       SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 4-HOUSE BILL 26-1109
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 26-1109