Literacy support services for persons who are blind or print-disabled - authority of state librarian - fund

Colo. Rev. Stat. § 24-90-105.5, under Government - State.

Colo. Rev. Stat. § 24-90-105.5

(1) The general assembly hereby declares that there is a growing need for reading services in Colorado to serve the citizens of the state. The general assembly recognizes that the state has numerous citizens who are blind or visually impaired or who have physical impairments which make the use of printed materials difficult or impossible and further recognizes that the aging of the population of Colorado is increasing the number of such citizens. Because of the need for reading assistance to inform and inspire individuals who cannot use printed materials and because of the unique ability of radio reading services to reach individuals in every corner of the state who require reading services, the general assembly finds that radio reading services should be encouraged and should be made available throughout the state.

(2) In addition to any other powers granted to the state librarian under this article, the state librarian shall have the power with respect to the state library to contract with entities for the furnishing of radio reading services to individuals who are blind or visually impaired or who have physical disabilities which impair their use of printed materials.

(3) The furnishing of radio reading services shall include, but shall not be limited to, the production of reading service radio programs, the broadcast of reading services over a subcarrier frequency, and the provision of radio receivers to listeners for use in receiving reading service broadcasts.

(4) The reading materials for radio reading services shall include, but shall not be limited to, newspapers, periodicals, local calendars of events, consumer information, best seller books, and information concerning pending legislative matters.

(5) The general assembly recognizes the importance of privately operated reading services to enable persons who are blind or print-disabled to gain access to otherwise inaccessible print materials. The state librarian has the authority to administer money in the reading services for the blind cash fund, which fund is created in the state treasury, pursuant to section 26-21-103.5 (1)(a)(IV), for the support of privately operated reading services. The fund consists of any public or private money transferred, appropriated, or otherwise credited to the fund. All money credited to the fund and all interest earned on the investment of money in the fund is a part of the fund and must not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. The general assembly shall make annual appropriations from the reading services for the blind cash fund to the state librarian to carry out the purposes of this section.

(6) The services available through providers of on-demand news and information services to Coloradans who are blind or print-disabled must be expanded to enhance the ability of Coloradans who are blind or print-disabled to use the on-demand and information services, and to increase the number of Coloradans who are blind or print-disabled who are aware of such services. The on-demand news and information services must be expanded to include an enlarged array of information and literacy support services throughout the state, such as the provision of information about a variety of communication-related assistive technologies and blindness-related services, introductory training, and methods to find and use additional resources in or near communities where a person lives. The expanded services may include, but are not limited to:

(a) Information sharing, marketing of expanded services, and other methods for informing persons who are blind or print-disabled about the availability of these services;

(b) Support services for users to resolve technical questions about the services or the devices that might be used to access the information available through these services; and

(c) The provision of information about communication-related assistive technologies.

Source: L. 91: Entire section added, p. 906, � 1, effective March 11. L. 93: (2) amended, p. 1663, � 69, effective July 1. L. 98: (5) added, p. 1361, � 121, effective June 1. L. 2024: (5) amended and (6) added, (SB 24-153), ch. 479, p. 3362, � 1, effective June 7. L. 2025: (5) amended, (HB 25-1154), ch. 230, p. 1077, � 13, effective May 22.

24-90-106. Participation of existing libraries in the formation of new libraries. (1) Any governmental unit of the state of Colorado has the power to establish and maintain a public library under the provisions of this part 1, either by itself or in cooperation with one or more other governmental units. Whenever a county library or library district is proposed to be formed, specific written notification of the proposed establishment shall be given at least ninety days prior to anticipated action on the proposed establishment to each governmental unit maintaining a public library in the legal service area of the proposed library and the board of trustees of each library. The legislative body of any governmental unit that maintains a public library within the territory to be served by a county library or a library district or the board of trustees of an established library district shall decide, by resolution or ordinance, whether or not to participate in the county library or library district. If participation in the county library or library district is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors, the resolution or ordinance shall state that the electors of the library district or governmental unit must approve that levy before participation can be effected. Written notice of a decision not to participate shall be filed with the board of county commissioners in the case of a proposed county library or with the boards of county commissioners of each county having territory within the library's legal service area in the case of a proposed library district. The notice shall be filed at least thirty days prior to action being taken on the resolution or ordinance to create a county library or library district or on the resolution to conduct an election to create the county library or library district.

(2) and (3) (Deleted by amendment, L. 2003, p. 2446, � 6, effective August 15, 2003.)

Source: L. 79: Entire article R&RE, p. 986, � 1, effective July 1. L. 80: Entire section amended, p. 619, � 5, effective July 1. L. 90: Entire section amended, p. 1294, � 2, effective July 1. L. 94: (1) and (2) amended, p. 735, � 1, effective July 1. L. 2003: Entire section amended, p. 2446, � 6, effective August 15.

Editor's note: (1) This section is similar to former � 24-90-109 as it existed prior to 1979.

(2) Subsection (2) was relocated to 24-90-106.5. Subsection (3) was relocated to 24-90-113.3.

24-90-106.3. Inclusion of a governmental unit into an existing library district - procedure. (1) Any governmental unit sharing at least one common boundary with an existing library district may become part of the district upon a resolution executed by the board of trustees of the district and the adoption of an ordinance or resolution, as applicable, by the legislative body of the governmental unit approving the inclusion of the governmental unit into the district. If the tax levy imposed by the district pursuant to section 24-90-112 has not been previously approved by the registered electors of the governmental unit, the electors shall approve the levy before the governmental unit may be included in the district. Any such election shall be held in accordance with the requirements specified in section 20 of article X of the state constitution, articles 1 to 13 of title 1, C.R.S., and article 10 of title 31, C.R.S., as applicable, and the election shall be held on the date of the state biennial general election, the first Tuesday in November in odd-numbered years, or, if the governmental unit is a municipality, on the date of the regular election of the municipality.

(2) Upon the inclusion of a governmental unit into a library district in accordance with the requirements of subsection (1) of this section, the legislative body of the governmental unit and the board of trustees of the district shall enter into a written agreement within ninety days of the election that sets forth fully the rights, obligations, and responsibilities, financial and otherwise, of the parties to the agreement.

(3) In the case of a governmental unit that has a portion included within a library district and a portion that is not included within the district, the governmental unit may follow the procedures specified in subsections (1) and (2) of this section to bring about the inclusion of the entire governmental unit into the district; except that, in such circumstances, only the registered electors residing within the portion of the governmental unit that is not included within the district at the time of the commencement of the inclusion proceedings shall be allowed to vote on the question of approval of the district tax levy.

Source: L. 2005: Entire section added, p. 325, � 1, effective April 20.

24-90-106.5. Establishment or removal of a municipal library in an existing county library or library district. If a municipality is in the legal service area of an existing county library or library district, public library service shall not be refused or discontinued other than as provided in this article. The municipality may establish its own municipal library only by choosing to do so by means of financial support that does not affect the financial support previously established for the county library or library district; except that the municipality and the county library or library district may, by mutual written agreement, permit a financing method for a municipal library that does affect the financial support previously established for the county library or library district. If establishment of the municipal library is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors of the municipality, the electors must approve that levy before the municipality can establish the library.

Source: L. 2003: Entire section added with relocations, p. 2447, � 7, effective August 15. L. 2009: Entire section amended, (HB 09-1072), ch. 74, p. 263, � 3, effective August 5.

Editor's note: This section was formerly numbered as � 24-90-106 (2).