2016 Colorado Revised Statutes
Title 24 - Government - State
Governor's Office
Article 37.5 - Office of Information Technology
Part 5 - Telecommunications Coordination Within State Government
§ 24-37.5-506. Public safety communications trust fund - creation

(1) There is hereby created in the state treasury the public safety communications trust fund, referred to in this section as the "fund". The moneys in the fund are subject to annual appropriation by the general assembly to the office for distribution as determined by rules adopted pursuant to section 24-37.5-502 (1) (j). The primary purpose of such distributions shall be the acquisition and maintenance of public safety communication systems for use by departments including but not limited to the departments of public safety, transportation, natural resources, and corrections as provided in section 24-37.5-502 (4) (b). Such systems shall satisfy the requirements of the public safety national plan established by the federal communications commission, also referred to in this article as the "FCC", in FCC report and order in general docket no. 87-112, and subsequent FCC proceedings and rules. This section shall not preclude the payment of maintenance expenses including the cost of leased or rented equipment, payments to local governmental entities for radio communication systems, or payments related to public safety radio systems.

(2) (a) (I) The general assembly declares its intention to commit state moneys to the fund for the purposes set forth in this section. Except as otherwise provided in paragraph (b) of this subsection (2), the total amount of the principal in the fund shall not exceed fifty million dollars.

(II) Any appropriation of state moneys to the public safety communications trust fund for any fiscal year from moneys in the capital construction fund created in section 24-75-302 shall be further appropriated from the public safety communications trust fund to the office for the purposes set forth in this section. Any moneys in the public safety communications trust fund so appropriated that were initially appropriated from moneys in the capital construction fund shall, if any project for which such moneys are appropriated is initiated within the fiscal year, remain available until completion of the project or for a period of three years, whichever comes first, at which time the unexpended and unencumbered balances of such appropriation shall revert to the public safety communications trust fund.

(b) In addition to any appropriations made as a result of paragraph (a) of this subsection (2), the office may solicit and accept donations, grants, bequests, and other contributions to the fund from local, state, and federal entities and from public safety related nonprofit organizations that directly support state departments, state institutions, state agencies, and law enforcement and public safety political subdivisions of the state. Such contributions shall be transmitted to the state treasurer, who shall credit the contributions to the fund.

(2.5) (a) (I) Beginning in the 2013-14 fiscal year and in each fiscal year thereafter through the 2024-25 fiscal year, the general assembly shall appropriate to the fund a total of three million five hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be appropriated from the general fund and the amount to be appropriated from any other fund. The office shall use the moneys appropriated to the fund pursuant to this subparagraph (I) for the replacement of legacy radio equipment and hardware at radio tower sites.

(II) Beginning in the 2017-18 fiscal year and in each fiscal year thereafter through the 2024-25 fiscal year, in addition to the amount appropriated to the fund pursuant to subparagraph (I) of this paragraph (a), the general assembly shall appropriate to the fund three million seven hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be appropriated from the general fund and the amount to be appropriated from any other fund. The office shall use the moneys appropriated to the fund pursuant to this subparagraph (II) for software upgrade assurance.

(b) On or before November 1, 2014, and on or before November 1 of each year thereafter through November 1, 2025, the office, in consultation with the department of corrections, the department of natural resources, the department of public safety, the department of transportation, and any other state department deemed appropriate by the office, shall submit a report to the joint budget committee of the general assembly detailing the use of the moneys appropriated to the fund pursuant to paragraph (a) of this subsection (2.5). The report must include the following:

(I) Comprehensive documentation regarding the purposes for which the moneys appropriated pursuant to subparagraphs (I) and (II) of paragraph (a) of this subsection (2.5) were used during the prior fiscal year and are being used during the current fiscal year and the anticipated use of the moneys that will be appropriated in future fiscal years;

(II) Of the total amount expended during the prior fiscal year for each of the purposes specified in subparagraphs (I) and (II) of paragraph (a) of this subsection (2.5), the amount that was appropriated from the general fund and the amount that was appropriated from any other fund; and

(III) For the appropriation or appropriations for the next fiscal year, a recommendation regarding the amount to be appropriated from the general fund and the amount to be appropriated from any other fund for each of the purposes specified in subparagraphs (I) and (II) of paragraph (a) of this subsection (2.5).

(3) At the end of each fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. All interest derived from the deposit and investment of this fund shall remain in the fund and shall not revert to the general fund.

(3.5) Notwithstanding any provision of subsection (3) of this section to the contrary, on April 15, 2010, the state treasurer shall deduct two hundred thirty thousand five hundred twenty dollars from the fund and transfer such sum to the general fund.

(4) In authorizing distributions of principal and interest from the fund and purchasing, leasing, contracting for, and otherwise acquiring equipment for state entities, the chief information officer shall consider the following:

(a) The need for achieving functional interoperability among local, state, and federal public safety radio communications systems by acquiring equipment that meets emerging technical standards for systems interoperability and open network architecture;

(b) The needs of local government entities that have recently invested in new radio systems, particularly in regard to interoperability;

(c) The promotion of an orderly transition from analog-based to digital-based radio systems.

(5) In acquiring equipment pursuant to subsection (4) of this section, the executive director of the office shall develop bid specifications that identify all services, requirements, and costs consistent with existing state law.

(6) The chief information officer shall keep an accurate account of all activities related to the fund including its receipts and expenditures and shall annually report in writing such account to the joint technology committee created in section 2-3-1702, C.R.S. The state auditor may investigate the affairs of the fund, severally examine the properties and records relating to the fund, and prescribe accounting methods and procedures for rendering periodical reports in relation to disbursements and purchases made from the fund.

(7) In the expenditure of any funds from the public safety communications trust fund for the acquisition, maintenance, or lease of any public safety radio communications systems equipment or any other communication devices or equipment, the chief information officer shall ensure that such expenditures are made pursuant to the requirements set forth under the "Procurement Code", articles 101 to 112 of this title.