§ 40-17.5-102 — 988 surcharge - collection - rules

Colorado § 40-17.5-102

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: 988 Surcharge and Prepaid Wireless 988 Charge

Text

(1) The commission shall
collect, on behalf of the 988 crisis hotline enterprise, the 988 surcharge imposed
by the enterprise pursuant to section 27-64-103 (4)(a) to fund the enterprise. The
commission shall collaborate with the enterprise to establish the amount of the
surcharge for the next calendar year.

(2) Each service supplier shall collect the surcharge from its service users.
The surcharge is the liability of the service user and not of the service supplier;
except that the service supplier is liable to remit all surcharges that the service
supplier collects from service users.

(3) (a) The service supplier shall remit the collected surcharges to the
commission on a monthly basis in a manner established by the commission. The
commission shall establish remittance procedures by rule. A service supplier is
subject to the penalties and procedures in section 40-17.5-103 for the failure to
collect or correctly remit a surcharge in accordance with this section.

(b) A service supplier may deduct and retain one percent of the surcharges
that are collected by the service supplier from its service users.

(c) (I) The state treasurer shall credit the surcharge collections remitted to
the commission pursuant to subsection (3)(a) of this section to the 988 crisis hotline
cash fund created in section 27-64-104. Any surcharge transmitted to the state
treasurer that is collected on behalf of the 988 crisis hotline enterprise is excluded
from state fiscal year spending.

(II) The commission may retain up to four percent of the collected
surcharges necessary to reimburse the commission for its direct and indirect costs
of administering the collection and remittance of surcharges for the 988 crisis
hotline, including costs related to conducting audits of service suppliers in
accordance with section 40-17.5-103.

(4) The surcharge imposed by the enterprise pursuant to section 27-64-103
(4)(a) is the only direct 988 funding obligation imposed upon service users in the
state. No tax, fee, surcharge, or other charge to fund the 988 crisis hotline is
imposed by the state, any political subdivision of the state, or any
intergovernmental agency upon a seller or consumer with respect to the sale,
purchase, use, or provision of 988 access connection in the state.

(5) This section does not apply to prepaid wireless telecommunications
services.

Legislative History

Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2349, � 2, effective September 7.