Section 40-17.5-102 - 988 surcharge - collection - rules(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.Added by 2021 Ch. 360,§2, eff. 9/7/2021.L. 2021: Entire article added, (SB 21-154), ch. 2349, p. 2349, § 2, effective September 7. 2021 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).