Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0705.01 Nicole Myers x4326
HOUSE BILL 22-1353
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE COORDINATION OF STATE PUBLIC SAFETY101
COMMUNICATIONS , AND, IN CONNECTION THEREWITH ,102
TRANSFERRING THE POWERS , DUTIES, AND FUNCTIONS RELATED103
TO SUCH COORDINATION FROM THE OFFICE OF INFORMATION104
TECHNOLOGY TO THE DEPARTMENT OF PUBLIC SAFETY .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Joint Technology Committee. Currently, the joint technology
committee of the general assembly oversees any telecommunications
HOUSE SPONSORSHIP
Bernett and Baisley, Titone
SENATE SPONSORSHIP
Bridges, Kolker
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. coordination within state government. The bill moves that oversight
function to the department of public safety's oversight committee
pursuant to the "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act".
Currently, the chief information officer in the office of information
technology exercises the powers, duties, and functions related to public
safety telecommunications coordination within state government (public
safety communications). On July 1, 2022, the bill transfers these powers,
duties, and functions to the department of public safety (department). The
transferred powers, duties, and functions are allocated to the division of
homeland security and emergency management (division) in the
department. In addition, the bill transfers employees, property, and
policies of the office of information technology related to public safety
communications to the division.
The bill creates the office of public safety communications in the
division (office) and creates the director of the office. The bill relocates
the existing state public safety communications network in the office and
specifies the duties and responsibilities of the director of the office that
were formerly the duties and responsibilities of the chief information
officer of the office of information technology. The duties and
responsibilities include:
! Formulating recommendations for a current and long-range
public safety communications plan and administering the
plan;
! Reviewing all existing and future state-owned public safety
communications applications, planning, networks, systems,
programs, equipment, and facilities and establishing
priorities for those applications;
! Approving the acquisition of public safety communications
equipment by any state entity;
! Establishing and enforcing public safety communications
policies, procedures, standards, and records for
management of public safety communications networks
and facilities for all state entities;
! Reviewing, assessing, and ensuring compliance with
federal and state public safety communications regulations
pertaining to the needs and functions of state entities;
! Advising the governor and general assembly on public
safety communications matters;
! Administering the public safety communications trust fund;
! Adopting recommended standards for the replacement of
analog-based radio equipment with digital-based radio
equipment for purposes of dispatching and related
functions within the department of public safety; and
! For purposes of serving the radio communications needs of
HB22-1353
-2- state departments, adopting standards and policies and
setting a recommended timetable for the replacement of
existing radio public safety communications equipment
with a system that satisfies the requirements of the federal
communications commission public safety national plan.
The director of the office may enter into contracts, formerly
entered into by the chief information officer, with specified public entities
and may act as a public safety communications network provider to
provide public safety radio communications between or among 2 or more
counties or state agencies.
The bill specifies when users of public safety radio systems,
including public entities and privately owned businesses, will be charged
fees for the service, including the cost of material, labor, and overhead.
The executive director of the department is required to exercise the
powers, duties, and functions regarding the existing tactical and long-term
interoperable communications plan to improve the ability of the public
safety agencies of state government to communicate with public safety
agencies of the federal government, regions, local governments, and other
states. The director of the office is required to update and revise the
tactical and long-term interoperable communications plan at least once
every 3 years.
The bill relocates the existing public safety communications trust
fund, specifies the sources of money in the fund, and specifies the
purposes for which money in the fund must be used.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 2-3-1704, repeal (3)2
as follows:3
2-3-1704. Powers and duties of the joint technology committee.4
(3) The committee oversees any telecommunications coordination within
5
state government that the chief information officer performs pursuant to6
part 5 of article 37.5 of title 24, C.R.S.7
SECTION 2. In Colorado Revised Statutes, add part 25 to article8
33.5 of title 24 as follows:9
PART 2510
PUBLIC SAFETY COMMUNICATIONS11
HB22-1353-3- 24-33.5-2501. Definitions. A S USED IN THIS PART 25, UNLESS THE1
CONTEXT OTHERWISE REQUIRES :2
(1) "D
IVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND3
EMERGENCY MANAGEMENT CREATED IN SECTION 24-33.5-1603.4
(2) "I
NTEROPERABLE COMMUNICATIONS " MEANS THE ABILITY OF5
PUBLIC SAFETY AGENCIES IN VARIOUS DISCIPLINES AND JURISDICTIONS TO6
COMMUNICATE WITH EACH OTHER ON DEMAND AND IN REAL TIME BY7
VOICE OR DATA USING COMPATIBLE RADIO COMMUNICATION SYSTEMS OR8
OTHER TECHNOLOGY.9
(3) "O
FFICE" MEANS THE OFFICE OF PUBLIC SAFETY10
COMMUNICATIONS CREATED IN SECTION 24-33.5-2502.11
(4) "P
UBLIC SAFETY AGENCY" MEANS AN AGENCY PROVIDING LAW12
ENFORCEMENT, FIRE PROTECTION, EMERGENCY MEDICAL, OR EMERGENCY13
RESPONSE SERVICES.14
(5) "R
EGION" MEANS AN ALL-HAZARDS EMERGENCY MANAGEMENT15
REGION ESTABLISHED BY EXECUTIVE ORDER OF THE GOVERNOR .16
24-33.5-2502. Office of public safety communications -17
creation. T
HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS IS CREATED IN18
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN19
THE DEPARTMENT OF PUBLIC SAFETY . THE OFFICE IS A TYPE 2 ENTITY, AS20
DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS21
ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT OF PUBLIC SAFETY .22
T
HE DIRECTOR OF THE DIVISION SHALL APPOINT A DIRECTOR AS HEAD OF23
THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS .24
24-33.5-2503. Transfer of functions - continuity of existence -25
- rules. (1) O
N JULY 1, 2022, THE POWERS, DUTIES, AND FUNCTIONS OF26
THE OFFICE OF INFORMATION TECHNOLOGY IN CONNECTION WITH PUBLIC27
HB22-1353
-4- SAFETY TELECOMMUNICATIONS COORDINATION WITHIN STATE1
GOVERNMENT PURSUANT TO THE FORMER PART 5 OF ARTICLE 37.5 OF THIS2
TITLE 24, REFERRED TO IN THIS PART 25 AS "PUBLIC SAFETY3
COMMUNICATIONS", ARE TRANSFERRED TO THE DEPARTMENT AND4
ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION .5
(2) (a) O
N AND AFTER JULY 1, 2022, THE OFFICERS AND6
EMPLOYEES OF THE OFFICE OF INFORMATION TECHNOLOGY WHOSE7
POWERS, DUTIES, AND FUNCTIONS CONCERN THE POWERS , DUTIES, AND8
FUNCTIONS TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE9
DIVISION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND WHOSE10
EMPLOYMENT IN THE DIVISION IS DEEMED NECESSARY BY THE DIRECTOR11
OF THE DIVISION TO CARRY OUT THE PURPOSES OF THIS PART 25 SHALL BE12
TRANSFERRED TO THE DIVISION AND BECOME EMPLOYEES THEREOF .13
(b) A
NY EMPLOYEES WHO ARE TRANSFERRED TO THE DEPARTMENT14
PURSUANT TO THIS SUBSECTION (2) AND WHO ARE CLASSIFIED EMPLOYEES15
IN THE STATE PERSONNEL SYSTEM SHALL RETAIN ALL RIGHTS TO THE16
PERSONNEL SYSTEM AND RETIREMENT BENEFITS PURSUANT TO THE LAWS17
OF THE STATE, AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN18
CONTINUOUS. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN19
THE STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN20
ACCORDANCE WITH STATE PERSONNEL SYSTEM LAWS AND REGULATIONS .21
(3) O
N OR BEFORE JULY 1, 2022, ALL ITEMS OF PROPERTY, REAL22
AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES , BOOKS,23
DOCUMENTS, AND RECORDS OF THE OFFICE OF INFORMATION TEC HNOLOGY24
PRIOR TO SAID DATE PERTAINING TO THE POWERS, DUTIES, AND FUNCTIONS25
TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION26
PURSUANT TO THIS SECTION, ARE TRANSFERRED TO AND BECOME THE27
HB22-1353
-5- PROPERTY OF THE DIVISION.1
(4) W
HENEVER THE OFFICE OF INFORMATION TECHNOLOGY IS2
REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN3
CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED4
TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURS UANT TO THIS5
SECTION, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY6
TO THE DIVISION. ALL CONTRACTS ENTERED INTO BY THE OFFICE OF7
INFORMATION TECHNOLOGY PRIOR TO JULY 1, 2022, IN CONNECTION WITH8
THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT9
AND ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION ARE10
HEREBY VALIDATED , WITH THE DIVISION CREATED BY SECTION11
24-33.5-1603
SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH12
CONTRACTS. ANY APPROPRIATIONS OF MONEY FROM PRIOR FISCAL YEARS13
OPEN TO SATISFY OBLIGATIONS INCURRED PURSUANT TO SUCH CONTRACTS14
ARE HEREBY TRANSFERRED AND APPROPRIATED TO THE DIVISION FOR THE15
PAYMENT OF SUCH OBLIGATIONS .16
(5) A
LL POLICIES OF THE OFFICE OF INFORMATION TECHNOLOGY IN17
CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED18
TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURS UANT TO THIS19
SECTION SHALL CONTINUE TO BE EFFECTIVE UNTIL REVISED , AMENDED,20
REPEALED, OR NULLIFIED PURSUANT TO LAW. ON OR AFTER JULY 1, 2022,21
THE DIRECTOR OF THE DIVISION SHALL ADOPT RULES NECESSARY FOR THE22
ADMINISTRATION OF SUCH POWERS , DUTIES, AND FUNCTIONS.23
24-33.5-2504. Public safety communications network. (1) T
O24
MORE EFFICIENTLY SUPPORT THE EFFORTS OF STATE DEPARTMENTS , STATE25
INSTITUTIONS, STATE AGENCIES, LAW ENFORCEMENT AGENCIES , AND ANY26
PUBLIC SAFETY POLITICAL SUBDIVISIONS , AND TO BETTER SERVE THE27
HB22-1353
-6- PUBLIC, A STATE PUBLIC SAFETY COMMUNICATIONS NETWORK IS1
ESTABLISHED, THE CONSTRUCTION , MAINTENANCE, SECURITY, AND2
MANAGEMENT OF WHICH IS UNDER THE SUPERVISION OF THE DIRECTOR OF3
THE OFFICE.4
(2) T
HE DIRECTOR OF THE DIVISION SHALL APPOINT ASSISTANTS ,5
CLERICAL STAFF, AND OTHER PERSONNEL AS MAY BE NECESSARY TO6
DISCHARGE THE DUTIES AND RESPONSIBILITIES SET FORTH BY THIS PART7
25.8
24-33.5-2505. Office of public safety communications -9
director - duties and responsibilities - rules. (1) T
HE DIRECTOR OF THE10
OFFICE SHALL PERFORM THE FOLLOWING FUNCTIONS CONCERNING PUBLIC11
SAFETY COMMUNICATIONS :12
(a) I
N CONSULTATION WITH LOCAL , STATE, AND FEDERAL13
DEPARTMENTS , INSTITUTIONS, AND AGENCIES , FORMULATE14
RECOMMENDATIONS FOR A CURRENT AND LONG -RANGE PUBLIC SAFETY15
COMMUNICATIONS PLAN , INVOLVING PUBLIC SAFETY RADIO16
COMMUNICATIONS SYSTEMS AND THEIR INTEGRATION INTO APPLICABLE17
PUBLIC SAFETY COMMUNICATIONS NETWORKS FOR APPROVAL OF THE18
GOVERNOR;19
(b) A
DMINISTER THE APPROVED CURRENT AND LONG -RANGE PLAN20
FOR PUBLIC SAFETY COMMUNICATIONS AND EXERCISE SUPERVISION OVER21
ALL STATE-OWNED PUBLIC SAFETY COMMUNICATIONS NETWORKS ,22
SYSTEMS, AND PUBLIC SAFETY WIRELESS BROADBAND AND MICROWAVE23
FACILITIES;24
(c) R
EVIEW ALL EXISTING AND FUTURE STATE -OWNED PUBLIC25
SAFETY COMMUNICATIONS APPLICATIONS , PLANNING, NETWORKS,26
SYSTEMS, PROGRAMS, EQUIPMENT, AND FACILITIES AND ESTABLISH27
HB22-1353
-7- PRIORITIES FOR THOSE THAT ARE NECESSARY AND DESIRABLE TO1
ACCOMPLISH THE PURPOSES OF THIS PART 25;2
(d) A
PPROVE OR DISAPPROVE THE ACQUISITION OF PUBLIC SAFETY3
COMMUNICATIONS EQUIPMENT BY ANY STATE DEPARTMENT , INSTITUTION,4
OR AGENCY;5
(e) E
STABLISH AND ENFORCE PUBLIC SAFETY COMMUNICATIONS6
POLICIES, PROCEDURES, STANDARDS, AND RECORDS FOR MANAGEMENT OF7
PUBLIC SAFETY COMMUNICATIONS NETWORKS AND FACILITIES FOR ALL8
STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES;9
(f) C
ONTINUALLY REVIEW, ASSESS, AND ENSURE COMPLIANCE10
WITH FEDERAL AND STATE PUBLIC SAFETY COMMUNICATIONS11
REGULATIONS PERTAINING TO THE NEEDS AND FUNCTIONS OF STATE12
DEPARTMENTS, INSTITUTIONS, AND AGENCIES;13
(g) A
DVISE THE GOVERNOR AND GENERAL ASSEMBLY ON PUBLIC14
SAFETY COMMUNICATIONS MATTERS ;15
(h) A
DMINISTER THE PUBLIC SAFETY COMMUNICATIONS TRUST16
FUND CREATED IN SECTION 24-33.5-2510; AND17
(i) A
DOPT RULES REGARDING DISTRIBUTIONS OF PUBLIC SAFETY18
COMMUNICATIONS TRUST FUND MONEY TO AND REPAYMENT OF SUCH19
MONEY BY STATE AND LOCAL GOVERNMENTS .20
(2) T
HE DIRECTOR OF THE OFFICE MAY ENTER INTO CONTRACTS21
WITH ANY COUNTY, CITY AND COUNTY, STATE AGENCY, SCHOOL DISTRICT,22
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND MAY ACT AS A23
PUBLIC SAFETY COMMUNICATIONS NETWORK PROVIDER BETWEEN OR24
AMONG TWO OR MORE COUNTIES OR STATE AGENCIES FOR THE PURPOSE OF25
PROVIDING PUBLIC SAFETY RADIO COMMUNICATIONS BETWEEN OR AMONG26
SUCH ENTITIES, INCLUDING THE JUDICIAL SYSTEM OF ANY COUNTY , THE27
HB22-1353
-8- DEPARTMENT OF CORRECTIONS , AND THE DEPARTMENT OF HUMAN1
SERVICES AND ANY OF THEIR FACILITIES. TO ENSURE THE AVAILABILITY OF2
SUCH NETWORK THROUGHOUT THE VARIOUS STATE AGENCIES , SCHOOL3
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES , AND4
COUNTIES, THE DIRECTOR OF THE OFFICE SHALL DEVELOP A UNIFORM SET5
OF STANDARDS AND POLICIES FOR FACILITIES TO BE USED BY THE6
CONTRACTING ENTITIES.7
(3) T
HE DIRECTOR OF THE OFFICE SHALL:8
(a) I
N CONSULTATION WITH RECOGNIZED PUBLIC SAFETY RADIO9
COMMUNICATION STANDARDS GROUPS AND APPROPRIATE AFFECTED10
PUBLIC AGENCIES, ADOPT RECOMMENDED STANDARDS FOR THE11
REPLACEMENT OF ANALOG-BASED RADIO EQUIPMENT WITH DIGITAL-BASED12
RADIO EQUIPMENT FOR PURPOSES OF DISPATCHING AND RELATED13
FUNCTIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY ; AND14
(b) F
OR PURPOSES OF SERVING THE RADIO COMMUNICATIONS15
NEEDS OF STATE DEPARTMENTS , INCLUDING BUT NOT LIMITED TO THE16
DEPARTMENTS OF PUBLIC SAFETY , TRANSPORTATION , NATURAL17
RESOURCES, AND CORRECTIONS, ADOPT STANDARDS AND POLICIES AND18
SET A RECOMMENDED TIMETABLE FOR THE REPLACEMENT OF EXISTING19
RADIO PUBLIC SAFETY COMMUNICATIONS EQUIPMENT WITH A SYSTEM20
THAT SATISFIES THE REQUIREMENTS OF THE FEDERAL COMMUNICATIONS21
COMMISSION PUBLIC SAFETY NATIONAL PLAN .22
(4) (a) T
HE DIRECTOR OF THE DIVISION IS AUTHORIZED, SUBJECT TO23
THE BUDGET REQUEST REQUIREMENTS SET FORTH IN SECTIONS 2-3-20824
AND 24-37-304 (1)(c.3) AND SUBJECT TO APPROPRIATION BY THE GENERAL25
ASSEMBLY, TO PURCHASE OR LEASE ANY REAL ESTATE , BUILDINGS, AND26
PROPERTY NECESSARY FOR THE OPERATION OR DEVELOPMENT OF THE27
HB22-1353
-9- PUBLIC SAFETY COMMUNICATIONS NETWORK ; TO USE ANY AVAILABLE1
FACILITIES AND PUBLIC SAFETY COMMUNICATIONS EQUIPMENT OF ANY2
STATE AGENCY OR INSTITUTION; AND, IF NECESSARY, TO PROVIDE FOR THE3
CONSTRUCTION OF THE NETWORK .4
(b) T
HE FACILITIES OF THE NETWORK MAY BE MADE AVAILABLE5
WITHIN AVAILABLE RESOURCES AND WITHOUT ANY NEGATIVE IMPACT TO6
THE EXISTING NETWORK FOR THE USE OF :7
(I) S
TATE DEPARTMENTS, STATE INSTITUTIONS, STATE AGENCIES,8
LAW ENFORCEMENT AGENCIES , AND ANY PUBLIC SAFETY POLITICAL9
SUBDIVISIONS OF THE STATE;10
(II) O
THER LOCAL, STATE, AND FEDERAL GOVERNMENTAL ENTITIES11
OR PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT DIRECTLY12
SUPPORT ANY AGENCY DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS13
SECTION AND THAT:14
(A) M
AY BE REQUESTED TO SUPPORT THE PURPOSES EXPRESSED IN15
SUBSECTIONS (1)(c) AND (1)(e) OF THIS SECTION AND AGGREGATE PUBLIC16
SAFETY COMMUNICATIONS SERVICE REQUIREMENTS OF ANY PUBLIC OFFICE17
DESCRIBED IN SECTION 24-32-3001 (1)(h); OR18
(B) M
AKE DONATIONS, GRANTS, BEQUESTS, AND OTHER19
CONTRIBUTIONS TO THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND20
PURSUANT TO SECTION 24-33.5-2510 (2)(b); OR21
(III) (A) P
RIVATE ENTITIES THROUGH PUBLIC -PRIVATE22
PARTNERSHIPS CONSIDERED , EVALUATED, AND ACCEPTED BY THE23
DIRECTOR OF THE DIVISION; EXCEPT THAT ANY NEGOTIATED LEASE RATES24
MUST BE BASED ON LOCAL MARKET -BASED LEASE RATES IN THE AREA.25
(B) L
EASE REVENUES FROM PUBLIC -PRIVATE PARTNERSHIPS26
ENTERED INTO PURSUANT TO SUBSECTION (4)(b)(III)(A) OF THIS SECTION27
HB22-1353
-10- MUST BE CREDITED AS FOLLOWS: SEVENTY-FIVE PERCENT TO THE PUBLIC1
SAFETY COMMUNICATIONS TRUST FUND FOR IMPROVEMENTS TO THE STATE2
PUBLIC SAFETY COMMUNICATIONS NETWORK AND TWENTY -FIVE PERCENT3
TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND4
CREATED IN SECTION 22-43.7-104 FOR TECHNOLOGY GRANTS ALLOWED IN5
SECTION 22-43.7-109 (13).6
(5) T
HE DEPARTMENT SHALL ANNUALLY INCLUDE AS PART OF ITS7
PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A HEARING HELD8
PURSUANT TO SECTION 2-7-203 (2)(a) UPDATES REGARDING STATE PUBLIC9
SAFETY COMMUNICATIONS AS DEEMED APPROPRIATE BY THE DIRECTOR OF10
THE DIVISION.11
24-33.5-2506. Legislative department exemption. T
HE12
PROVISIONS OF THIS PART 25 DO NOT APPLY TO THE LEGISLATIVE13
DEPARTMENT OF THE STATE.14
24-33.5-2507. Higher education exemption. L
OCAL AND15
INTERNAL PUBLIC SAFETY COMMUNICATIONS NETWORKS OF INSTITUTIONS16
OF HIGHER EDUCATION MAY BE EXEMPTED FROM THE PROVISIONS OF THIS17
PART 25 UPON APPLICATION TO THE DIRECTOR OF THE OFFICE ; EXCEPT18
THAT ALL SYSTEMS MUST BE CERTIFIED BY THE DIRECTOR OF THE OFFICE19
AS BEING TECHNICALLY COMPATIBLE WITH PLANS AND NETWORKS AS20
DESCRIBED IN SECTION 24-33.5-2505 (1).21
24-33.5-2508. Digital trunked radio system - service charges22
- pricing policy. (1) (a) U
SERS OF THE DIGITAL TRUNKED RADIO SYSTEM23
SHALL BE CHARGED THE FULL COST OF THE PARTICULAR SERVICE , WHICH24
SHALL INCLUDE THE COST OF ALL MATERIAL, LABOR, AND OVERHEAD. THE25
USER CHARGES SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO26
SHALL CREDIT THEM TO THE PUBLIC SAFETY COMMUNICATIONS TRUST27
HB22-1353
-11- FUND CREATED IN SECTION 24-33.5-2510. THE PUBLIC SAFETY1
COMMUNICATIONS TRUST FUND MUST INCLUDE USER CHARGES ON PUBLIC2
SAFETY RADIO SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY ;3
EXCEPT THAT NO MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL4
DISTRICT SHALL BE CHARGED USER CHARGES ON PUBLIC SAFETY RADIO5
SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY .6
(b) P
RIVATELY OWNED AND OPERATED BUSINESSES MAY BE7
GRANTED USE OF THE PUBLIC SAFETY COMMUNICATIONS NETWORK . SUCH8
BUSINESSES MAY BE ASSESSED FEES FOR NETWORK SERVICES PROVIDED .9
F
EES COLLECTED FROM THESE BUSINESSES SHALL BE TRANSFERRED TO THE10
PUBLIC SAFETY COMMUNICATIONS TRUST FUND FOR REINVESTMENT IN THE11
NETWORK.12
(2) T
HE DIRECTOR OF THE OFFICE SHALL ESTABLISH A POLICY OF13
REMAINING COMPETITIVE WITH PRIVATE INDUSTRY WITH REGARD TO THE14
COST, TIMELINESS, AND QUALITY OF THE PUBLIC SAFETY RADIO15
COMMUNICATIONS FUNCTIONS PROVIDED BY THE DEPARTMENT . AN16
AGENCY MAY ONLY PURCHASE PRIVATE SERVICES IF IT HAS FIRST WORKED17
WITH THE DEPARTMENT AND THE DEPARTMENT HAS AUTHORIZED THE18
PURCHASE OF PRIVATE SERVICES.19
24-33.5-2509. Interoperable communications among public20
safety radio systems - statewide plan - regional plans - governmental21
immunity - needs assessment. (1) (a) T
HE EXECUTIVE DIRECTOR SHALL22
EXERCISE THE POWERS , DUTIES, AND FUNCTIONS REGARDING THE23
TACTICAL AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN ,24
ADOPTED BY EACH REGION PURSUANT TO FORMER SECTION 24-33.5-716,25
AS THAT SECTION EXISTED ON JUNE 30, 2022, TO IMPROVE26
COMMUNICATIONS AMONG PUBLIC SAFETY AGENCIES IN THE REGION AND27
HB22-1353
-12- WITH PUBLIC SAFETY AGENCIES OF OTHER REGIONS , THE STATE AND1
FEDERAL GOVERNMENTS , AND OTHER STATES. THE PLANS SHALL INCLUDE2
MEASURES TO CREATE AND PERIODICALLY TEST INTEROPERABILITY3
INTERFACES, PROVISIONS FOR TRAINING ON COMMUNICATIONS SYSTEMS4
AND EXERCISES ON THE IMPLEMENTATION OF THE PLAN , A STRATEGY FOR5
INTEGRATING WITH THE STATE DIGITAL TRUNKED RADIO SYSTEM ,6
DEADLINES FOR IMPLEMENTATION , AND OTHER ELEMENTS REQUIRED BY7
THE EXECUTIVE DIRECTOR. EACH REGION SHALL SUBMIT REVISED PLANS8
AS THEY ARE UPDATED TO THE DIRECTOR OF THE OFFICE .9
(b) E
ACH LOCAL GOVERNMENT AGENCY OR PRIVATE ENTITY THAT10
OPERATES A PUBLIC SAFETY RADIO SYSTEM SHALL COLLABORATE IN THE11
DEVELOPMENT AND, AS NECESSARY, PERIODIC REVISION OF THE TACTICAL12
AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OF THE REGION13
IN WHICH IT IS LOCATED. SUCH TACTICAL PLANS, AND REVISIONS THERETO,14
SHALL BE SUBMITTED TO THE DIRECTOR OF THE OFFICE .15
(c) A
REGION THAT FAILS TO TIMELY SUBMIT A TACTICAL AND16
LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OR REVISIONS17
THERETO, OR A LOCAL GOVERNMENT AGENCY THAT FAILS TO18
COLLABORATE IN THE DEVELOPMENT OF OR TIMELY SUBMIT THE PLAN , OR19
A REGION OR LOCAL GOVERNMENT AGENCY THAT FAILS TO MAINTAIN20
CURRENT PLANS, IS INELIGIBLE TO RECEIVE HOMELAND SECURITY OR21
PUBLIC SAFETY GRANT MONEY ADMINISTERED BY THE DEPARTMENT OF22
LOCAL AFFAIRS, DEPARTMENT OF PUBLIC SAFETY , OR DEPARTMENT OF23
PUBLIC HEALTH AND ENVIRONMENT UNTIL THE REGION SUBMITS A PLAN TO24
THE DIRECTOR OF THE OFFICE.25
(2) A
PUBLIC SAFETY AGENCY SHALL NOT EXPEND MONEY26
RECEIVED THROUGH THE DEPARTMENT ON A MOBILE DATA27
HB22-1353
-13- COMMUNICATIONS SYSTEM UNLESS THE SYSTEM IS CAPABLE OF1
INTEROPERABLE COMMUNICATIONS .2
(3) T
HE EXECUTIVE DIRECTOR SHALL NOT REQUIRE A PUBLIC3
SAFETY AGENCY TO ACQUIRE THE COMMUNICATIONS EQUIPMENT OF A4
PARTICULAR MANUFACTURER OR PROVIDER AS A C ONDITION OF AWARDING5
GRANT MONEY ADMINISTERED BY THE DEPARTMENT .6
(4) A
PUBLIC SAFETY AGENCY OR AN EMPLOYEE OF A PUBLIC7
SAFETY AGENCY ACTING IN COLLABORATION WITH ANOTHER AGENCY OR8
PERSON TO CREATE AND OPERATE AN INTEROPERABLE COMMUNICATIONS9
SYSTEM HAS THE SAME DEGREE OF IMMUNITY UNDER THE "COLORADO10
G
OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, AS THE11
PUBLIC SAFETY AGENCY OR EMPLOYEE WOULD HAVE IF NOT ACTING IN12
COLLABORATION WITH ANOTHER AGENCY OR PERSON .13
24-33.5-2510. Public safety communications trust fund -14
creation - report. (1) T
HE PUBLIC SAFETY COMMUNICATIONS TRUST15
FUND, REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED16
IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED17
OR TRANSFERRED TO THE FUND PURSUANT TO SUBSECTIONS (2) AND (3) OF18
THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY19
APPROPRIATE OR TRANSFER TO THE FUND . THE MONEY IN THE FUND IS20
CONTINUOUSLY APPROPRIATED BY THE GENERAL ASSEMBLY TO THE21
DEPARTMENT FOR DISTRIBUTION AS DETERMINED BY RULES ADOPTED22
PURSUANT TO SECTION 24-33.5-2505 (1)(i). THE PRIMARY PURPOSE OF23
SUCH DISTRIBUTION IS THE ACQUISITION AND MAINTENANCE OF PUBLIC24
SAFETY COMMUNICATIONS SYSTEMS FOR USE BY DEPARTMENTS25
INCLUDING BUT NOT LIMITED TO THE DEPARTMENTS OF PUBLIC SAFETY ,26
TRANSPORTATION, NATURAL RESOURCES, AND CORRECTIONS AS PROVIDED27
HB22-1353
-14- IN SECTION 24-33.5-2505 (3)(b). SUCH SYSTEMS SHALL SATISFY THE1
REQUIREMENTS OF THE PUBLIC SAFETY NATIONAL PLAN ESTABLISHED BY2
THE FEDERAL COMMUNICATIONS COMMISSION , 47 CFR 90.16. THIS3
SECTION SHALL NOT PRECLUDE THE PAYMENT OF MAINTENANCE EXPENSES4
INCLUDING THE COST OF LEASED OR RENTED EQUIPMENT , PAYMENTS TO5
LOCAL GOVERNMENTAL ENTITIES FOR RADIO COMMUNICATIONS SYSTEMS ,6
OR PAYMENTS RELATED TO PUBLIC SAFETY RADIO SYSTEMS .7
(2) (a) (I) T
HE GENERAL ASSEMBLY DECLARES ITS INTENTION TO8
COMMIT STATE MONEY TO THE FUND FOR THE PURPOSES SET FORTH IN THIS9
SECTION. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS10
SECTION, THE TOTAL AMOUNT OF THE PRINCIPAL IN THE FUND SHALL NOT11
EXCEED FIFTY MILLION DOLLARS.12
(II) A
NY TRANSFER OF STATE MONEY TO THE FUND FOR ANY13
FISCAL YEAR FROM MONEY IN THE CAPITAL CONSTRUCTION FUND CREATED14
IN SECTION 24-75-302 IS CONTINUOUSLY APPROPRIATED FROM THE FUND15
TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION . ANY16
MONEY IN THE FUND SO APPROPRIATED THAT WAS INITIALLY TRANSFERRED17
FROM MONEY IN THE CAPITAL CONSTRUCTION FUND SHALL , IF ANY18
PROJECT FOR WHICH SUCH MONEY IS APPROPRIATED IS INITIATED WITHIN19
THE FISCAL YEAR, REMAIN AVAILABLE UNTIL COMPLETION OF THE20
PROJECT, AT WHICH TIME THE UNEXPENDED AND UNENCUMBERED21
BALANCES OF SUCH APPROPRIATION SHALL REVERT TO THE FUND .22
(b) I
N ADDITION TO ANY TRANSFERS MADE AS A RESULT OF23
SUBSECTION (2)(a) OF THIS SECTION, THE DEPARTMENT MAY SOLICIT AND24
ACCEPT GIFTS, GRANTS, DONATIONS, BEQUESTS, AND OTHER25
CONTRIBUTIONS TO THE FUND FROM LOCAL , STATE, AND FEDERAL ENTITIES26
AND FROM PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT27
HB22-1353
-15- DIRECTLY SUPPORT STATE DEPARTMENTS , STATE INSTITUTIONS, STATE1
AGENCIES, AND LAW ENFORCEMENT AND PUBLIC SAFETY POLITICAL2
SUBDIVISIONS OF THE STATE . SUCH CONTRIBUTIONS SHALL BE3
TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT THE4
CONTRIBUTIONS TO THE FUND.5
(3) (a) (I) B
EGINNING IN THE 2022-23 FISCAL YEAR AND IN EACH6
FISCAL YEAR THEREAFTER THROUGH THE 2024-25 FISCAL YEAR, THE7
GENERAL ASSEMBLY SHALL TRANSFER TO THE FUND A TOTAL OF THREE8
MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL F UND OR9
FROM ANY OTHER FUND . FOR EACH SUCH FISCAL YEAR , THE GENERAL10
ASSEMBLY SHALL DETERMINE THE AM OUNT TO BE TRANSFERRED FROM11
THE GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM ANY12
OTHER FUND. THE DEPARTMENT SHALL USE THE MONEY TRANSFERRED TO13
THE FUND PURS UANT TO THIS SUBSECTION (3)(a)(I) FOR THE14
REPLACEMENT OF LEGACY RADIO EQUIPMENT AND HARDWARE AT RADIO15
TOWER SITES.16
(II) B
EGINNING IN THE 2017-18 FISCAL YEAR AND IN EACH FISCAL17
YEAR THEREAFTER THROUGH THE 2024-25 FISCAL YEAR, IN ADDITION TO18
THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION19
(3)(a)(I)
OF THIS SECTION, THE GENERAL ASSEMBLY SHALL TRANSFER TO20
THE FUND THREE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE21
GENERAL FUND OR FROM ANY OTHER FUND . FOR EACH SUCH FISCAL YEAR,22
THE GENERAL ASSEMBLY SHALL DETERMINE THE AMOUNT TO BE23
APPROPRIATED FROM THE GENERAL FUND AND THE AMOUNT TO BE24
APPROPRIATED FROM ANY OTHER FUND . THE DEPARTMENT SHALL USE THE25
MONEY APPROPRIATED TO THE FUND PURSUANT TO THIS SUBSECTION26
(3)(a)(II)
FOR SOFTWARE UPGRADE ASSURANCE .27
HB22-1353
-16- (III) THE DEPARTMENT MAY USE ANY UNENCUMBERED AND1
UNEXPENDED MONEY TRANSFERRED PURSUANT TO SUBSECTIONS (3)(a)(I)2
AND (3)(a)(II) OF THIS SECTION ON DIGITAL TRUNKED RADIO SYSTEM SITE3
SUPPORTING INFRASTRUCTURE AND DIGITAL TRUNKED RADIO SYSTEM4
SUPPORTING SOFTWARE AND HARDWARE .5
(b) O
N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE6
N
OVEMBER 1 OF EACH YEAR THEREAFTER THROUGH NOVEMBER 1, 2025,7
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF8
CORRECTIONS, THE DEPARTMENT OF NATURAL RESOURCES , THE9
DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE DEPARTMENT10
OR LOCAL OR REGIONAL GOVERNMENT DEEMED APPROPRIATE BY THE11
DEPARTMENT, SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE12
OF THE GENERAL ASSEMBLY DETAILING THE USE OF THE MONEY13
APPROPRIATED TO THE FUND PURSUANT TO SUBSECTION (3)(a) OF THIS14
SECTION. THE REPORT MUST INCLUDE THE FOLLOWING :15
(I) C
OMPREHENSIVE DOCUMENTATION REGARDING THE PURPOSES16
FOR WHICH THE MONEY TRANSFERRED PURSUANT TO SUBSECTION (3)(a)17
OF THIS SECTION WAS USED DURING THE PRIOR FISCAL YEAR AND IS BEING18
USED DURING THE CURRENT FISCAL YEAR AND THE ANTICIPATED USE OF19
THE MONEY THAT WILL BE TRANSFERRED IN FUTURE FISCAL YEARS ;20
(II) O
F THE TOTAL AMOUNT EXPENDED DURING THE PRIOR FISCAL21
YEAR FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS (3)(a)(I) AND22
(3)(a)(II)
OF THIS SECTION, THE AMOUNT THAT WAS TRANSFERRED FROM23
THE GENERAL FUND AND THE AMOUNT THAT WAS TRANSFERRED FROM24
ANY OTHER FUND; AND25
(III) F
OR THE TRANSFER OR TRANSFERS FOR THE NEXT FISCAL26
YEAR, A RECOMMENDATION REGARDING THE AMOUNT TO BE TRANSFERRED27
HB22-1353
-17- FROM THE GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM1
ANY OTHER FUND FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS2
(3)(a)(I)
AND (3)(a)(II) OF THIS SECTION.3
(4) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND4
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE5
FUND TO THE FUND.6
(5) I
N AUTHORIZING DISTRIBUTIONS OF PRINCIPAL AND INTEREST7
FROM THE FUND AND PURCHASING , LEASING, CONTRACTING FOR, AND8
OTHERWISE ACQUIRING EQUIPMENT FOR STATE ENTITIES , THE DIRECTOR OF9
THE DIVISION SHALL CONSIDER THE FOLLOWING :10
(a) T
HE NEED FOR ACHIEVING FUNCTIONAL INTEROPERABILITY11
AMONG LOCAL , STATE, AND FEDERAL PUBLIC SAFETY RADIO12
COMMUNICATIONS SYSTEMS BY ACQUIRING EQUIPMENT THAT MEETS13
EMERGING TECHNICAL STANDARDS FOR SYSTEMS INTEROPERABILITY AND14
OPEN NETWORK ARCHITECTURE ;15
(b) T
HE NEEDS OF LOCAL GOVERNMENT ENTITIES THAT HAVE16
RECENTLY INVESTED IN NEW RADIO SYSTEMS , PARTICULARLY IN REGARD17
TO INTEROPERABILITY; AND18
(c) T
HE PROMOTION OF AN ORDERLY TRANSITION FROM19
ANALOG-BASED TO DIGITAL-BASED RADIO SYSTEMS.20
(6) I
N ACQUIRING EQUIPMENT PURSUANT TO SUBSECTION (5) OF21
THIS SECTION, THE DIRECTOR OF THE DIVISION SHALL DEVELOP BID22
SPECIFICATIONS THAT IDENTIFY ALL SERVICES, REQUIREMENTS, AND COSTS23
CONSISTENT WITH EXISTING STATE LAW .24
(7) (a) T
HE DIRECTOR OF THE DIVISION SHALL KEEP AN ACCURATE25
ACCOUNT OF ALL ACTIVITIES RELATED TO THE FUND INCLUDING ITS26
RECEIPTS AND EXPENDITURES AND SHALL ANNUALLY REPORT IN WRITING27
HB22-1353
-18- SUCH ACCOUNT TO THE JOINT BUDGET COMMITTEE , CREATED IN SECTION1
2-3-201.
THE STATE AUDITOR MAY INVESTIGATE THE AFFAIRS OF THE2
FUND, SEVERALLY EXAMINE THE PROPERTIES AND RECORDS RELATING TO3
THE FUND, AND PRESCRIBE ACCOUNTING METHODS AND PROCEDURES FOR4
RENDERING PERIODICAL REPORTS IN RELATION TO DISBURSEMENTS AND5
PURCHASES MADE FROM THE FUND .6
(b) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1367
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN8
SUBSECTION (7)(a) OF THIS SECTION CONTINUES INDEFINITELY.9
(8) I
N THE EXPENDITURE OF ANY MONEY FROM THE FUND FOR THE10
ACQUISITION, MAINTENANCE, OR LEASE OF ANY PUBLIC SAFETY RADIO11
COMMUNICATIONS SYSTEMS EQUIPMENT OR ANY OTHER COMMUNICATIONS12
DEVICES OR EQUIPMENT, THE DIRECTOR OF THE DIVISION SHALL ENSURE13
THAT SUCH EXPENDITURES ARE MADE PURSUANT TO THE REQUIREMENTS14
SET FORTH UNDER THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF15
THIS TITLE 24.16
SECTION 3. In Colorado Revised Statutes, 2-3-1304, amend17
(1)(f) as follows:18
2-3-1304. Powers and duties of capital development committee19
- definition. (1) The capital development committee has the following20
powers and duties:21
(f) To review the annual capital construction and maintenance22
requests from the chief information officer of the office of information23
technology regarding the public safety communications trust fund created24
pursuant to section 24-37.5-506, C.R.S.
SECTION 24-33.5-2510;25
SECTION 4. In Colorado Revised Statutes, 24-1-128.6, amend26
(2)(h)(II)(B) and (2)(h)(II)(C); and add (2)(h)(II)(D) as follows:27
HB22-1353
-19- 24-1-128.6. Department of public safety - creation - repeal.1
(2) The department of public safety consists of the following divisions:2
(h) (II) The division of homeland security and emergency3
management includes the following agencies, which shall exercise their4
powers and perform their duties and functions under the department of5
public safety as if the same were transferred thereto by a type 2 transfer:6
(B) T
HE office of prevention and security, created in section7
24-33.5-1606; and
8
(C) The office of preparedness, created in section 24-33.5-1606.5;9
AND10
(D) T
HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS CREATED IN11
SECTION 24-33.5-2502.12
SECTION 5. In Colorado Revised Statutes, 24-33.5-1603, add13
(2)(d) as follows:14
24-33.5-1603. Division of homeland security and emergency15
management - creation - director. (2) The division includes the16
following agencies, which shall exercise their powers and perform their17
duties and functions under the department as if the same were transferred18
thereto by a type 2 transfer:19
(d) T
HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS , CREATED IN20
PART 25 OF THIS ARTICLE 33.5.21
SECTION 6. In Colorado Revised Statutes, 30-11-107, repeal22
(1)(x) as follows:23
30-11-107. Powers of the board. (1) The board of county24
commissioners of each county has power at any meeting:25
(x) To enter into a contract with the state telecommunications
26
director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for27
HB22-1353
-20- the providing of teleconferencing facilities and services between the1
county and any other county, city and county, or state agency to be used2
for teleconferencing of hearings relating to any person in the custody of3
the county;4
SECTION 7. In Colorado Revised Statutes, repeal 30-11-208 as5
follows:6
30-11-208. Contract - teleconferencing facilities and services.7
The city and county of Denver may enter into a contract with the state8
telecommunications director pursuant to the provisions of section9
24-37.5-503, C.R.S., for the providing of teleconferencing facilities and10
services between the city and county of Denver and any other county or11
state agency to be used for teleconferencing of hearings relating to any12
person in the custody of the city and county of Denver.13
SECTION 8. In Colorado Revised Statutes, 43-1-1202, amend14
(1)(a)(IV)(B) as follows:15
43-1-1202. Department powers - definition.16
(1) Notwithstanding any other law, the department may:17
(a) Solicit and consider proposals, enter into agreements, grant18
benefits, and accept contributions for public-private initiatives pursuant19
to this part 12 concerning any of the following:20
(IV) (B) For purposes of this subsection (1)(a)(IV),21
"telecommunications" does not mean the state telecommunications22
network described in part 5 of article 37.5 of title 24 PART 25 OF ARTICLE23
33.5
OF TITLE 24.24
SECTION 9. In Colorado Revised Statutes, repeal 24-33.5-71625
and part 5 of article 37.5 of title 24.26
SECTION 10. Safety clause. The general assembly hereby finds,27
HB22-1353
-21- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
HB22-1353
-22-