NOTE: The governor signed this measure on 4/1/2013.
      
      
      SENATE BILL 13-194
      
      
      BY SENATOR(S) Steadman, Harvey, Jahn, Lambert, Lundberg, Marble,
      Morse;
      also REPRESENTATIVE(S) Gerou.
      
      
      Concerning a repeal of a telephone assistance program for
           low-income individuals, and, in connection therewith,
           reducing an appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, repeal article 3.4 of
      title 40.
      
           SECTION 2.  In Colorado Revised Statutes, 40-3-106, amend (1)
      (a) as follows:
      
           40-3-106.  Advantages prohibited - graduated schedules -
      consideration of household income and other factors - definitions.
      (1) (a)  Except when operating under paragraph (c) or (d) of this subsection
      (1), or pursuant to article 3.4 of this title, no a public utility, as to rates,
      charges, service, or facilities, or in any other respect, shall not make or
      grant any preference or advantage to any a corporation or person or subject
      any a corporation or person to any prejudice or disadvantage. No A public
      utility shall not establish or maintain any unreasonable difference as to
      rates, charges, service, facilities, or in any respect, either between localities
      or as between any class of service. The commission has the power to may
      determine any question of fact arising under this section.
      
           SECTION 3.  In Colorado Revised Statutes, 40-15-503.5, amend
      (1) (c) as follows:
      
           40-15-503.5.  Financial assurance. (1)  The commission may
      require regulated telecommunications service providers to post a bond or
      provide other security as a condition of obtaining a certificate, registration,
      or operating authority, whichever instrument or instruments apply. In setting
      the amount of the bond or security, the commission may consider the
      following criteria:
      
           (c)  The history of the provider's statutory payment obligations,
      including those to the Colorado high cost support mechanism, the Colorado
      telephone low-income assistance program, the Colorado telephone relay
      system, and the Colorado fixed utility fund.
      
           SECTION 4.  Appropriation - adjustments to 2013 long bill.
      (1)  For the implementation of this act, appropriations made in the annual
      general appropriation act to the department of human services for the fiscal
      year beginning July 1, 2013, for the cash funds appropriation from the
      low-income telephone assistance fund created in section 40-3.4-108 (2) (a),
      Colorado Revised Statutes, for administration of the low-income telephone
      assistance program in the special purpose welfare programs subdivision of
      the office of self sufficiency, is decreased by $118,272 and 1.5 FTE.
      
           (2)  For the implementation of this act, appropriations shown in the
      annual general appropriation act to the department of regulatory agencies
      for the fiscal year beginning July 1, 2013, for the informational cash funds
      appropriation from the low-income telephone assistance fund created in
      section 40-3.4-108 (2) (a), Colorado Revised Statutes, for the public utilities
      commission, is decreased by $725,548.
      
           SECTION 5.  Wind up - satisfying obligations of low-income
      telephone assistance fund. Notwithstanding the repeal of article 3.4 of title
      40, Colorado Revised Statutes, the low-income telephone assistance fund
      continues until July 1, 2013, to satisfy remaining financial obligations of the
      fund. In winding up the Colorado telephone low-income assistance
      program, the public utilities commission may use the moneys in the fund to
      make disbursement to the carriers, pay administrative expenses of the
      department of human services, and offset costs of ending the program. On
      July 1, 2013, the treasurer shall transfer the remainder of the moneys in the
      fund to the general fund.
      
           SECTION 6.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO