Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0705.01 Nicole Myers x4326
HOUSE BILL 22-1353
House Committees Senate Committees
Judiciary Judiciary
Appropriations
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
SENATE
2nd Reading Unamended
May 5, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Bernett and Baisley, Titone, Bird, Bockenfeld, Lindsay, Lontine, McCluskie, Michaelson
Jenet, Ortiz
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
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. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) Since 1998, the public safety communications network4
program, in partnership with local government infrastructure owners, has5
provided a statewide wireless system, called the digital trunked radio6
system, that enables direct communications between first responders and7
public safety agencies across jurisdictional and regional boundaries;8
(b) Transferring this existing public safety communications9
network program from the governor's office of information technology to10
the department of public safety is supported by users, stakeholders, and11
1353-3- the executive branch of state government;1
(c) A governance structure that reflects the sentiments of2
statewide users and stakeholders is imperative to ensure that the state3
continues to have a reliable public safety communications network that4
ensures the well-being of all Coloradans; and5
(d) The governor's office of information technology and the6
Colorado department of public safety will prioritize maintaining complete7
network reliability and operational efficiency as they coordinate the8
transfer of the digital trunked radio system.9
SECTION 2. In Colorado Revised Statutes, 2-3-1704, repeal (3)10
as follows:11
2-3-1704. Powers and duties of the joint technology committee.12
(3) The committee oversees any telecommunications coordination within13
state government that the chief information officer performs pursuant to14
part 5 of article 37.5 of title 24, C.R.S.15
SECTION 3. In Colorado Revised Statutes, add part 25 to article16
33.5 of title 24 as follows:17
PART 2518
PUBLIC SAFETY COMMUNICATIONS19
24-33.5-2501. Definitions. A
S USED IN THIS PART 25, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "D
IVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND22
EMERGENCY MANAGEMENT CREATED IN SECTION 24-33.5-1603.23
(2) "I
NTEROPERABLE COMMUNICATIONS " MEANS THE ABILITY OF24
PUBLIC SAFETY AGENCIES IN VARIOUS DISCIPLINES AND JURISDICTIONS TO25
COMMUNICATE WITH EACH OTHER ON DEMAND AND IN REAL TIME BY26
VOICE OR DATA USING COMPATIBLE RADIO COMMUNICATION SYSTEMS OR27
1353
-4- OTHER TECHNOLOGY.1
(3) "O
FFICE" MEANS THE OFFICE OF PUBLIC SAFETY2
COMMUNICATIONS CREATED IN SECTION 24-33.5-2502.3
(4) "P
UBLIC SAFETY AGENCY" MEANS AN AGENCY PROVIDING LAW4
ENFORCEMENT, FIRE PROTECTION, EMERGENCY MEDICAL, OR EMERGENCY5
RESPONSE SERVICES.6
(5) "R
EGION" MEANS AN ALL-HAZARDS EMERGENCY MANAGEMENT7
REGION ESTABLISHED BY EXECUTIVE ORDER OF THE GOVERNOR .8
24-33.5-2502. Office of public safety communications -
public9
safety communications revolving fund - creation. (1) THE OFFICE OF10
PUBLIC SAFETY COMMUNICATIONS IS CREATED IN THE DIVISION OF11
HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE12
DEPARTMENT OF PUBLIC SAFETY . THE OFFICE IS A TYPE 2 ENTITY, AS13
DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS14
ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT OF PUBLIC SAFETY .15
T
HE DIRECTOR OF THE DIVISION SHALL APPOINT A DIRECTOR AS HEAD OF16
THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS .17 (2) (a) THE PUBLIC SAFETY COMMUNICATIONS REVOLVING FUND,18
REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE19
STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED TO THE20
FUND PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, MONEY21
DEPOSITED OR CREDITED TO THE FUND PURSUANT TO SUBSECTIONS (3) AND22
(4) OF THIS SECTION, AND ANY OTHER MONEY THAT THE GENERAL23
ASSEMBLY MAY TRANSFER TO THE FUND .24
(b) THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE25
FUND EACH FISCAL YEAR IN THE ANNUAL GENERAL APPROPRIATION ACT26
FOR THE DIRECT AND INDIRECT COSTS OF THE OFFICE .27
1353
-5- (c) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND1
INCOME DERIVED FROM THE DEPOSIT OR INVESTMENT OF MONEY IN THE2
FUND TO THE FUND.3
(d) THE STATE TREASURER SHALL CREDIT ANY UNEXPENDED AND4
UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A FISCAL5
YEAR TO THE FUND.6
(e) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE7
OFFICE TO PAY THE DIRECT AND INDIRECT COSTS, INCLUDING PERSONAL8
SERVICES AND OPERATING COSTS, ASSOCIATED WITH ADMINISTERING9
PUBLIC SAFETY COMMUNICATIONS .10
(3) THE OFFICE SHALL DEVELOP A METHOD FOR BILLING USERS OF11
THE OFFICE'S SERVICES THE FULL COST OF THE SERVICES , INCLUDING12
MATERIALS, DEPRECIATION RELATED TO CAPITAL COSTS, LABOR, AND13
ADMINISTRATIVE OVERHEAD. THE BILLING METHOD SHALL BE FULLY14
IMPLEMENTED FOR ALL USERS OF THE OFFICE'S SERVICES ON OR BEFORE15
JULY 1, 2023. REVENUE GENERATED FROM SUCH BILLING SHALL BE16
CREDITED TO THE FUND.17
(4) (a) THE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS,18
GRANTS, DONATIONS, AND BEQUESTS FROM PRIVATE OR PUBLIC SOURCES19
FOR THE DIRECT AND INDIRECT COSTS, INCLUDING PERSONAL SERVICES20
AND OPERATING COSTS, ASSOCIATED WITH ADMINISTERING PUBLIC SAFETY21
COMMUNICATIONS. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED22
THROUGH GIFTS, GRANTS, DONATIONS, OR BEQUESTS FOR SUCH PURPOSES23
TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND.24
(b) THE OFFICE MAY CONTRACT WITH THE UNITED STATES AND25
ANY OTHER LEGAL ENTITIES WITH RESPECT TO MONEY AVAILABLE TO THE26
OFFICE THROUGH GIFTS, GRANTS, DONATIONS, OR BEQUESTS.27
1353
-6- 24-33.5-2503. Transfer of functions - continuity of existence -1
- rules. (1) O
N JULY 1,
2023, THE POWERS, DUTIES, AND FUNCTIONS OF2
THE OFFICE OF INFORMATION TECHNOLOGY IN CONNECTION WITH PUBLIC3
SAFETY TELECOMMUNICATIONS COORDINATION WITHIN STATE4
GOVERNMENT PURSUANT TO THE FORMER PART 5 OF ARTICLE 37.5 OF THIS5
TITLE 24, REFERRED TO IN THIS PART 25 AS "PUBLIC SAFETY6
COMMUNICATIONS", ARE TRANSFERRED TO THE DEPARTMENT AND7
ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION .8
(2) (a) O
N AND AFTER JULY 1,
2023, THE OFFICERS AND9
EMPLOYEES OF THE OFFICE OF INFORMATION TECHNOLOGY WHOSE10
POWERS, DUTIES, AND FUNCTIONS CONCERN THE POWERS , DUTIES, AND11
FUNCTIONS TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE12
DIVISION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND WHOSE13
EMPLOYMENT IN THE DIVISION IS DEEMED NECESSARY BY THE DIRECTOR14
OF THE DIVISION TO CARRY OUT THE PURPOSES OF THIS PART 25 SHALL BE15
TRANSFERRED TO THE DIVISION AND BECOME EMPLOYEES THEREOF .16
(b) A
NY EMPLOYEES WHO ARE TRANSFERRED TO THE DEPARTMENT17
PURSUANT TO THIS SUBSECTION (2) AND WHO ARE CLASSIFIED EMPLOYEES18
IN THE STATE PERSONNEL SYSTEM SHALL RETAIN ALL RIGHTS TO THE19
PERSONNEL SYSTEM AND RETIREMENT BENEFITS PURSUANT TO THE LAWS20
OF THE STATE, AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN21
CONTINUOUS. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN22
THE STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN23
ACCORDANCE WITH STATE PERSONNEL SYSTEM LAWS AND REGULATIONS .24
(3) O
N OR BEFORE JULY 1,
2023, ALL ITEMS OF PROPERTY, REAL25
AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES , BOOKS,26
DOCUMENTS, AND RECORDS OF THE OFFICE OF INFORMATION TEC HNOLOGY27
1353
-7- PRIOR TO SAID DATE PERTAINING TO THE POWERS, DUTIES, AND FUNCTIONS1
TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION2
PURSUANT TO THIS SECTION, ARE TRANSFERRED TO AND BECOME THE3
PROPERTY OF THE DIVISION.4
(4) W
HENEVER THE OFFICE OF INFORMATION TECHNOLOGY IS5
REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN6
CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED7
TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURSUANT TO THIS8
SECTION, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY9
TO THE DIVISION. ALL CONTRACTS ENTERED INTO BY THE OFFICE OF10
INFORMATION TECHNOLOGY PRIOR TO JULY 1,
2023, IN CONNECTION WITH11
THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT12
AND ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION ARE13
HEREBY VALIDATED , WITH THE DIVISION CREATED BY SECTION14
24-33.5-1603
SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH15
CONTRACTS. ANY APPROPRIATIONS OF MONEY FROM PRIOR FISCAL YEARS16
OPEN TO SATISFY OBLIGATIONS INCURRED PURSUANT TO SUCH CONTRACTS17
ARE HEREBY TRANSFERRED AND APPROPRIATED TO THE DIVISION FOR THE18
PAYMENT OF SUCH OBLIGATIONS .19
(5) A
LL POLICIES OF THE OFFICE OF INFORMATION TECHNOLOGY IN20
CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED21
TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURS UANT TO THIS22
SECTION SHALL CONTINUE TO BE EFFECTIVE UNTIL REVISED , AMENDED,23
REPEALED, OR NULLIFIED PURSUANT TO LAW. ON OR AFTER JULY 1,
2023,24
THE DIRECTOR OF THE DIVISION SHALL ADOPT RULES NECESSARY FOR THE25
ADMINISTRATION OF SUCH POWERS , DUTIES, AND FUNCTIONS.26
24-33.5-2504. Public safety communications network. (1) T
O27
1353
-8- MORE EFFICIENTLY SUPPORT THE EFFORTS OF STATE DEPARTMENTS , STATE1
INSTITUTIONS, STATE AGENCIES, LAW ENFORCEMENT AGENCIES , AND ANY2
PUBLIC SAFETY POLITICAL SUBDIVISIONS , AND TO BETTER SERVE THE3
PUBLIC, A STATE PUBLIC SAFETY COMMUNICATIONS NETWORK IS4
ESTABLISHED, THE CONSTRUCTION , MAINTENANCE, SECURITY, AND5
MANAGEMENT OF WHICH IS UNDER THE SUPERVISION OF THE DIRECTOR OF6
THE OFFICE.7
(2) T
HE DIRECTOR OF THE DIVISION SHALL APPOINT ASSISTANTS ,8
CLERICAL STAFF, AND OTHER PERSONNEL AS MAY BE NECESSARY TO9
DISCHARGE THE DUTIES AND RESPONSIBILITIES SET FORTH BY THIS PART10
25.11
24-33.5-2505. Office of public safety communications -12
director - duties and responsibilities - rules. (1) T
HE DIRECTOR OF THE13
OFFICE SHALL PERFORM THE FOLLOWING FUNCTIONS CONCERNING PUBLIC14
SAFETY COMMUNICATIONS :15
(a) I
N CONSULTATION WITH LOCAL , STATE, AND FEDERAL16
DEPARTMENTS , INSTITUTIONS, AND AGENCIES , FORMULATE17
RECOMMENDATIONS FOR A CURRENT AND LONG -RANGE PUBLIC SAFETY18
COMMUNICATIONS PLAN , INVOLVING PUBLIC SAFETY RADIO19
COMMUNICATIONS SYSTEMS AND THEIR INTEGRATION INTO APPLICABLE20
PUBLIC SAFETY COMMUNICATIONS NETWORKS FOR APPROVAL OF THE21
GOVERNOR;22
(b) A
DMINISTER THE APPROVED CURRENT AND LONG -RANGE PLAN23
FOR PUBLIC SAFETY COMMUNICATIONS AND EXERCISE SUPERVISION OVER24
ALL STATE-OWNED PUBLIC SAFETY COMMUNICATIONS NETWORKS ,25
SYSTEMS, AND PUBLIC SAFETY WIRELESS BROADBAND AND MICROWAVE26
FACILITIES;27
1353
-9- (c) REVIEW ALL EXISTING AND FUTURE STATE -OWNED PUBLIC1
SAFETY COMMUNICATIONS APPLICATIONS , PLANNING, NETWORKS,2
SYSTEMS, PROGRAMS, EQUIPMENT, AND FACILITIES AND ESTABLISH3
PRIORITIES FOR THOSE THAT ARE NECESSARY AND DESIRABLE TO4
ACCOMPLISH THE PURPOSES OF THIS PART 25;5
(d) A
PPROVE OR DISAPPROVE THE ACQUISITION OF PUBLIC SAFETY6
COMMUNICATIONS EQUIPMENT BY ANY STATE DEPARTMENT , INSTITUTION,7
OR AGENCY;8
(e) E
STABLISH AND ENFORCE PUBLIC SAFETY COMMUNICATIONS9
POLICIES, PROCEDURES, STANDARDS, AND RECORDS FOR MANAGEMENT OF10
PUBLIC SAFETY COMMUNICATIONS NETWORKS AND FACILITIES FOR ALL11
STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES;12
(f) C
ONTINUALLY REVIEW, ASSESS, AND ENSURE COMPLIANCE13
WITH FEDERAL AND STATE PUBLIC SAFETY COMMUNICATIONS14
REGULATIONS PERTAINING TO THE NEEDS AND FUNCTIONS OF STATE15
DEPARTMENTS, INSTITUTIONS, AND AGENCIES;16
(g) A
DVISE THE GOVERNOR AND GENERAL ASSEMBLY ON PUBLIC17
SAFETY COMMUNICATIONS MATTERS ;18
(h) A
DMINISTER THE PUBLIC SAFETY COMMUNICATIONS TRUST19
FUND CREATED IN SECTION 24-33.5-2510; AND20
(i) A
DOPT RULES REGARDING DISTRIBUTIONS OF PUBLIC SAFETY21
COMMUNICATIONS TRUST FUND MONEY TO AND REPAYMENT OF SUCH22
MONEY BY STATE AND LOCAL GOVERNMENTS .23
(2) T
HE DIRECTOR OF THE OFFICE MAY ENTER INTO CONTRACTS24
WITH ANY COUNTY, CITY AND COUNTY, STATE AGENCY, SCHOOL DISTRICT,25
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND MAY ACT AS A26
PUBLIC SAFETY COMMUNICATIONS NETWORK PROVIDER BETWEEN OR27
1353
-10- AMONG TWO OR MORE COUNTIES OR STATE AGENCIES FOR THE PURPOSE OF1
PROVIDING PUBLIC SAFETY RADIO COMMUNICATIONS BETWEEN OR AMONG2
SUCH ENTITIES, INCLUDING THE JUDICIAL SYSTEM OF ANY COUNTY , THE3
DEPARTMENT OF CORRECTIONS , AND THE DEPARTMENT OF HUMAN4
SERVICES AND ANY OF THEIR FACILITIES. TO ENSURE THE AVAILABILITY OF5
SUCH NETWORK THROUGHOUT THE VARIOUS STATE AGENCIES , SCHOOL6
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES , AND7
COUNTIES, THE DIRECTOR OF THE OFFICE SHALL DEVELOP A UNIFORM SET8
OF STANDARDS AND POLICIES FOR FACILITIES TO BE USED BY THE9
CONTRACTING ENTITIES.10
(3) T
HE DIRECTOR OF THE OFFICE SHALL:11
(a) I
N CONSULTATION WITH RECOGNIZED PUBLIC SAFETY RADIO12
COMMUNICATION STANDARDS GROUPS AND APPROPRIATE AFFECTED13
PUBLIC AGENCIES, ADOPT RECOMMENDED STANDARDS FOR THE14
REPLACEMENT OF ANALOG-BASED RADIO EQUIPMENT WITH DIGITAL-BASED15
RADIO EQUIPMENT FOR PURPOSES OF DISPATCHING AND RELATED16
FUNCTIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY ; AND17
(b) F
OR PURPOSES OF SERVING THE RADIO COMMUNICATIONS18
NEEDS OF STATE DEPARTMENTS , INCLUDING BUT NOT LIMITED TO THE19
DEPARTMENTS OF PUBLIC SAFETY , TRANSPORTATION , NATURAL20
RESOURCES, AND CORRECTIONS, ADOPT STANDARDS AND POLICIES AND21
SET A RECOMMENDED TIMETABLE FOR THE REPLACEMENT OF EXISTING22
RADIO PUBLIC SAFETY COMMUNICATIONS EQUIPMENT WITH A SYSTEM23
THAT SATISFIES THE REQUIREMENTS OF THE FEDERAL COMMUNICATIONS24
COMMISSION PUBLIC SAFETY NATIONAL PLAN .25
(4) (a) T
HE DIRECTOR OF THE DIVISION IS AUTHORIZED, SUBJECT TO26
THE BUDGET REQUEST REQUIREMENTS SET FORTH IN SECTIONS 2-3-20827
1353
-11- AND 24-37-304 (1)(c.3) AND SUBJECT TO APPROPRIATION BY THE GENERAL1
ASSEMBLY, TO PURCHASE OR LEASE ANY REAL ESTATE , BUILDINGS, AND2
PROPERTY NECESSARY FOR THE OPERATION OR DEVELOPMENT OF THE3
PUBLIC SAFETY COMMUNICATIONS NETWORK ; TO USE ANY AVAILABLE4
FACILITIES AND PUBLIC SAFETY COMMUNICATIONS EQUIPMENT OF ANY5
STATE AGENCY OR INSTITUTION; AND, IF NECESSARY, TO PROVIDE FOR THE6
CONSTRUCTION OF THE NETWORK .7
(b) T
HE FACILITIES OF THE NETWORK MAY BE MADE AVAILABLE8
WITHIN AVAILABLE RESOURCES AND WITHOUT ANY NEGATIVE IMPACT TO9
THE EXISTING NETWORK FOR THE USE OF :10
(I) S
TATE DEPARTMENTS, STATE INSTITUTIONS, STATE AGENCIES,11
LAW ENFORCEMENT AGENCIES , AND ANY PUBLIC SAFETY POLITICAL12
SUBDIVISIONS OF THE STATE;13
(II) O
THER LOCAL, STATE, AND FEDERAL GOVERNMENTAL ENTITIES14
OR PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT DIRECTLY15
SUPPORT ANY AGENCY DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS16
SECTION AND THAT:17
(A) M
AY BE REQUESTED TO SUPPORT THE PURPOSES EXPRESSED IN18
SUBSECTIONS (1)(c) AND (1)(e) OF THIS SECTION AND AGGREGATE PUBLIC19
SAFETY COMMUNICATIONS SERVICE REQUIREMENTS OF ANY PUBLIC OFFICE20
DESCRIBED IN SECTION 24-32-3001 (1)(h); OR21
(B) M
AKE DONATIONS, GRANTS, BEQUESTS, AND OTHER22
CONTRIBUTIONS TO THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND23
PURSUANT TO SECTION 24-33.5-2510 (2)(b); OR24
(III) (A) P
RIVATE ENTITIES THROUGH PUBLIC -PRIVATE25
PARTNERSHIPS CONSIDERED , EVALUATED, AND ACCEPTED BY THE26
DIRECTOR OF THE DIVISION; EXCEPT THAT ANY NEGOTIATED LEASE RATES27
1353
-12- MUST BE BASED ON LOCAL MARKET -BASED LEASE RATES IN THE AREA.1
(B) L
EASE REVENUES FROM PUBLIC -PRIVATE PARTNERSHIPS2
ENTERED INTO PURSUANT TO SUBSECTION (4)(b)(III)(A) OF THIS SECTION3
MUST BE CREDITED AS FOLLOWS: SEVENTY-FIVE PERCENT TO THE PUBLIC4
SAFETY COMMUNICATIONS TRUST FUND FOR IMPROVEMENTS TO THE STATE5
PUBLIC SAFETY COMMUNICATIONS NETWORK AND TWENTY -FIVE PERCENT6
TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND7
CREATED IN SECTION 22-43.7-104 FOR TECHNOLOGY GRANTS ALLOWED IN8
SECTION 22-43.7-109 (13).9
(5) T
HE DEPARTMENT SHALL ANNUALLY INCLUDE AS PART OF ITS10
PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A HEARING HELD11
PURSUANT TO SECTION 2-7-203 (2)(a) UPDATES REGARDING STATE PUBLIC12
SAFETY COMMUNICATIONS AS DEEMED APPROPRIATE BY THE DIRECTOR OF13
THE DIVISION.14
24-33.5-2506. Legislative department exemption. T
HE15
PROVISIONS OF THIS PART 25 DO NOT APPLY TO THE LEGISLATIVE16
DEPARTMENT OF THE STATE.17
24-33.5-2507. Higher education exemption. L
OCAL AND18
INTERNAL PUBLIC SAFETY COMMUNICATIONS NETWORKS OF INSTITUTIONS19
OF HIGHER EDUCATION MAY BE EXEMPTED FROM THE PROVISIONS OF THIS20
PART 25 UPON APPLICATION TO THE DIRECTOR OF THE OFFICE ; EXCEPT21
THAT ALL SYSTEMS MUST BE CERTIFIED BY THE DIRECTOR OF THE OFFICE22
AS BEING TECHNICALLY COMPATIBLE WITH PLANS AND NETWORKS AS23
DESCRIBED IN SECTION 24-33.5-2505 (1).24
24-33.5-2508. Digital trunked radio system - service charges25
- pricing policy. (1) (a) U
SERS OF THE DIGITAL TRUNKED RADIO SYSTEM26
SHALL BE CHARGED THE FULL COST OF THE PARTICULAR SERVICE , WHICH27
1353
-13- SHALL INCLUDE THE COST OF ALL MATERIAL, LABOR, AND OVERHEAD. THE1
USER CHARGES SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO2
SHALL CREDIT THEM TO THE PUBLIC SAFETY COMMUNICATIONS TRUST3
FUND CREATED IN SECTION 24-33.5-2510. THE PUBLIC SAFETY4
COMMUNICATIONS TRUST FUND MUST INCLUDE USER CHARGES ON PUBLIC5
SAFETY RADIO SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY ;6
EXCEPT THAT NO MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL7
DISTRICT SHALL BE CHARGED USER CHARGES ON PUBLIC SAFETY RADIO8
SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY .9
(b) P
RIVATELY OWNED AND OPERATED BUSINESSES MAY BE10
GRANTED USE OF THE PUBLIC SAFETY COMMUNICATIONS NETWORK . SUCH11
BUSINESSES MAY BE ASSESSED FEES FOR NETWORK SERVICES PROVIDED .12
F
EES COLLECTED FROM THESE BUSINESSES SHALL BE TRANSFERRED TO THE13
PUBLIC SAFETY COMMUNICATIONS TRUST FUND FOR REINVESTMENT IN THE14
NETWORK.15
(2) T
HE DIRECTOR OF THE OFFICE SHALL ESTABLISH A POLICY OF16
REMAINING COMPETITIVE WITH PRIVATE INDUSTRY WITH REGARD TO THE17
COST, TIMELINESS, AND QUALITY OF THE PUBLIC SAFETY RADIO18
COMMUNICATIONS FUNCTIONS PROVIDED BY THE DEPARTMENT . AN19
AGENCY MAY ONLY PURCHASE PRIVATE SERVICES IF IT HAS FIRST WORKED20
WITH THE DEPARTMENT AND THE DEPARTMENT HAS AUTHORIZED THE21
PURCHASE OF PRIVATE SERVICES.22
24-33.5-2509. Interoperable communications among public23
safety radio systems - statewide plan - regional plans - governmental24
immunity - needs assessment. (1) (a) T
HE EXECUTIVE DIRECTOR SHALL25
EXERCISE THE POWERS , DUTIES, AND FUNCTIONS REGARDING THE26
TACTICAL AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN ,27
1353
-14- ADOPTED BY EACH REGION PURSUANT TO FORMER SECTION 24-33.5-716,1
AS THAT SECTION EXISTED ON JUNE 30, 2023, TO IMPROVE2
COMMUNICATIONS AMONG PUBLIC SAFETY AGENCIES IN THE REGION AND3
WITH PUBLIC SAFETY AGENCIES OF OTHER REGIONS , THE STATE AND4
FEDERAL GOVERNMENTS , AND OTHER STATES. THE PLANS SHALL INCLUDE5
MEASURES TO CREATE AND PERIODICALLY TEST INTEROPERABILITY6
INTERFACES, PROVISIONS FOR TRAINING ON COMMUNICATIONS SYSTEMS7
AND EXERCISES ON THE IMPLEMENTATION OF THE PLAN , A STRATEGY FOR8
INTEGRATING WITH THE STATE DIGITAL TRUNKED RADIO SYSTEM ,9
DEADLINES FOR IMPLEMENTATION , AND OTHER ELEMENTS REQUIRED BY10
THE EXECUTIVE DIRECTOR. EACH REGION SHALL SUBMIT REVISED PLANS11
AS THEY ARE UPDATED TO THE DIRECTOR OF THE OFFICE .12
(b) E
ACH LOCAL GOVERNMENT AGENCY OR PRIVATE ENTITY THAT13
OPERATES A PUBLIC SAFETY RADIO SYSTEM SHALL COLLABORATE IN THE14
DEVELOPMENT AND, AS NECESSARY, PERIODIC REVISION OF THE TACTICAL15
AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OF THE REGION16
IN WHICH IT IS LOCATED. SUCH TACTICAL PLANS, AND REVISIONS THERETO,17
SHALL BE SUBMITTED TO THE DIRECTOR OF THE OFFICE .18
(c) A
REGION THAT FAILS TO TIMELY SUBMIT A TACTICAL AND19
LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OR REVISIONS20
THERETO, OR A LOCAL GOVERNMENT AGENCY THAT FAILS TO21
COLLABORATE IN THE DEVELOPMENT OF OR TIMELY SUBMIT THE PLAN , OR22
A REGION OR LOCAL GOVERNMENT AGENCY THAT FAILS TO MAINTAIN23
CURRENT PLANS, IS INELIGIBLE TO RECEIVE HOMELAND SECURITY OR24
PUBLIC SAFETY GRANT MONEY ADMINISTERED BY THE DEPARTMENT OF25
LOCAL AFFAIRS, DEPARTMENT OF PUBLIC SAFETY , OR DEPARTMENT OF26
PUBLIC HEALTH AND ENVIRONMENT UNTIL THE REGION SUBMITS A PLAN TO27
1353
-15- THE DIRECTOR OF THE OFFICE.1
(2) A
PUBLIC SAFETY AGENCY SHALL NOT EXPEND MONEY2
RECEIVED THROUGH THE DEPARTMENT ON A MOBILE DATA3
COMMUNICATIONS SYSTEM UNLESS THE SYSTEM IS CAPABLE OF4
INTEROPERABLE COMMUNICATIONS .5
(3) T
HE EXECUTIVE DIRECTOR SHALL NOT REQUIRE A PUBLIC6
SAFETY AGENCY TO ACQUIRE THE COMMUNICATIONS EQUIPMENT OF A7
PARTICULAR MANUFACTURER OR PROVIDER AS A C ONDITION OF AWARDING8
GRANT MONEY ADMINISTERED BY THE DEPARTMENT .9
(4) A
PUBLIC SAFETY AGENCY OR AN EMPLOYEE OF A PUBLIC10
SAFETY AGENCY ACTING IN COLLABORATION WITH ANOTHER AGENCY OR11
PERSON TO CREATE AND OPERATE AN INTEROPERABLE COMMUNICATIONS12
SYSTEM HAS THE SAME DEGREE OF IMMUNITY UNDER THE "COLORADO13
G
OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, AS THE14
PUBLIC SAFETY AGENCY OR EMPLOYEE WOULD HAVE IF NOT ACTING IN15
COLLABORATION WITH ANOTHER AGENCY OR PERSON .16
24-33.5-2510. Public safety communications trust fund -17
creation - report. (1) T
HE PUBLIC SAFETY COMMUNICATIONS TRUST18
FUND, REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED19
IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED20
OR TRANSFERRED TO THE FUND PURSUANT TO SUBSECTIONS (2) AND (3) OF21
THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY22
APPROPRIATE OR TRANSFER TO THE FUND . THE MONEY IN THE FUND IS23
CONTINUOUSLY APPROPRIATED BY THE GENERAL ASSEMBLY TO THE24
DEPARTMENT FOR DISTRIBUTION AS DETERMINED BY RULES ADOPTED25
PURSUANT TO SECTION 24-33.5-2505 (1)(i). THE PRIMARY PURPOSE OF26
SUCH DISTRIBUTION IS THE ACQUISITION AND MAINTENANCE OF PUBLIC27
1353
-16- SAFETY COMMUNICATIONS SYSTEMS FOR USE BY DEPARTMENTS1
INCLUDING BUT NOT LIMITED TO THE DEPARTMENTS OF PUBLIC SAFETY ,2
TRANSPORTATION, NATURAL RESOURCES, AND CORRECTIONS AS PROVIDED3
IN SECTION 24-33.5-2505 (3)(b). SUCH SYSTEMS SHALL SATISFY THE4
REQUIREMENTS OF THE PUBLIC SAFETY NATIONAL PLAN ESTABLISHED BY5
THE FEDERAL COMMUNICATIONS COMMISSION , 47 CFR 90.16. THIS6
SECTION SHALL NOT PRECLUDE THE PAYMENT OF MAINTENANCE EXPENSES7
INCLUDING THE COST OF LEASED OR RENTED EQUIPMENT , PAYMENTS TO8
LOCAL GOVERNMENTAL ENTITIES FOR RADIO COMMUNICATIONS SYSTEMS ,9
OR PAYMENTS RELATED TO PUBLIC SAFETY RADIO SYSTEMS .10
(2) (a) (I) T
HE GENERAL ASSEMBLY DECLARES ITS INTENTION TO11
COMMIT STATE MONEY TO THE FUND FOR THE PURPOSES SET FORTH IN THIS12
SECTION. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS13
SECTION, THE TOTAL AMOUNT OF THE PRINCIPAL IN THE FUND SHALL NOT14
EXCEED FIFTY MILLION DOLLARS.15
(II) A
NY TRANSFER OF STATE MONEY TO THE FUND FOR ANY16
FISCAL YEAR FROM MONEY IN THE CAPITAL CONSTRUCTION FUND CREATED17
IN SECTION 24-75-302 IS CONTINUOUSLY APPROPRIATED FROM THE FUND18
TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION . ANY19
MONEY IN THE FUND SO APPROPRIATED THAT WAS INITIALLY TRANSFERRED20
FROM MONEY IN THE CAPITAL CONSTRUCTION FUND SHALL , IF ANY21
PROJECT FOR WHICH SUCH MONEY IS APPROPRIATED IS INITIATED WITHIN22
THE FISCAL YEAR, REMAIN AVAILABLE UNTIL COMPLETION OF THE23
PROJECT, AT WHICH TIME THE UNEXPENDED AND UNENCUMBERED24
BALANCES OF SUCH APPROPRIATION SHALL REVERT TO THE FUND .25
(b) I
N ADDITION TO ANY TRANSFERS MADE AS A RESULT OF26
SUBSECTION (2)(a) OF THIS SECTION, THE DEPARTMENT MAY SOLICIT AND27
1353
-17- ACCEPT GIFTS, GRANTS, DONATIONS, BEQUESTS, AND OTHER1
CONTRIBUTIONS TO THE FUND FROM LOCAL , STATE, AND FEDERAL ENTITIES2
AND FROM PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT3
DIRECTLY SUPPORT STATE DEPARTMENTS , STATE INSTITUTIONS, STATE4
AGENCIES, AND LAW ENFORCEMENT AND PUBLIC SAFETY POLITICAL5
SUBDIVISIONS OF THE STATE . SUCH CONTRIBUTIONS SHALL BE6
TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT THE7
CONTRIBUTIONS TO THE FUND.8
(3) (a) (I) FOR THE 2023-24 AND 2024-25 STATE FISCAL YEARS,9
THE GENERAL ASSEMBLY SHALL TRANSFER TO THE FUND A TOTAL OF10
THREE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL11
FUND OR FROM ANY OTHER FUND . FOR EACH SUCH FISCAL YEAR , THE12
GENERAL ASSEMBLY SHALL DETERMINE THE AM OUNT TO BE TRANSFERRED13
FROM THE GENERAL FUND AND THE AM OUNT TO BE TRANSFERRED FROM14
ANY OTHER FUND . THE DEPARTMENT SHALL USE THE MONEY15
TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION (3)(a)(I) FOR16
THE REPLACEMENT OF LEGACY RADIO EQUIPMENT AND HARDWARE AT17
RADIO TOWER SITES.18
(II) FOR THE 2023-24 AND 2024-25 STATE FISCAL YEARS, IN19
ADDITION TO THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO20
SUBSECTION (3)(a)(I) OF THIS SECTION, THE GENERAL ASSEMBLY SHALL21
TRANSFER TO THE FUND THREE MILLION SEVEN HUNDRED THOUSAND22
DOLLARS FROM THE GENERAL FUND OR FROM ANY OTHER FUND . FOR EACH23
SUCH FISCAL YEAR, THE GENERAL ASSEMBLY SHALL DETERMINE THE24
AMOUNT TO BE APPROPRIATED FROM THE GENERAL FUND AND THE25
AMOUNT TO BE APPROPRIATED FROM ANY OTHER FUND . THE DEPARTMENT26
SHALL USE THE MONEY APPROPRIATED TO THE FUND PURSUANT TO THIS27
1353
-18- SUBSECTION (3)(a)(II) FOR SOFTWARE UPGRADE ASSURANCE .1
(III) T
HE DEPARTMENT MAY USE ANY UNENCUMBERED AND2
UNEXPENDED MONEY TRANSFERRED PURSUANT TO SUBSECTIONS (3)(a)(I)3
AND (3)(a)(II) OF THIS SECTION ON DIGITAL TRUNKED RADIO SYSTEM SITE4
SUPPORTING INFRASTRUCTURE AND DIGITAL TRUNKED RADIO SYSTEM5
SUPPORTING SOFTWARE AND HARDWARE .6
(b) O
N OR BEFORE NOVEMBER 1,
2023, AND ON OR BEFORE7
N
OVEMBER 1 OF EACH YEAR THEREAFTER THROUGH NOVEMBER 1, 2025,8
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF9
CORRECTIONS, THE DEPARTMENT OF NATURAL RESOURCES , THE10
DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE DEPARTMENT11
OR LOCAL OR REGIONAL GOVERNMENT DEEMED APPROPRIATE BY THE12
DEPARTMENT, SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE13
OF THE GENERAL ASSEMBLY DETAILING THE USE OF THE MONEY14
APPROPRIATED TO THE FUND PURSUANT TO SUBSECTION (3)(a) OF THIS15
SECTION. THE REPORT MUST INCLUDE THE FOLLOWING :16
(I) C
OMPREHENSIVE DOCUMENTATION REGARDING THE PURPOSES17
FOR WHICH THE MONEY TRANSFERRED PURSUANT TO SUBSECTION (3)(a)18
OF THIS SECTION WAS USED DURING THE PRIOR FISCAL YEAR AND IS BEING19
USED DURING THE CURRENT FISCAL YEAR AND THE ANTICIPATED USE OF20
THE MONEY THAT WILL BE TRANSFERRED IN FUTURE FISCAL YEARS ;21
(II) O
F THE TOTAL AMOUNT EXPENDED DURING THE PRIOR FISCAL22
YEAR FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS (3)(a)(I) AND23
(3)(a)(II)
OF THIS SECTION, THE AMOUNT THAT WAS TRANSFERRED FROM24
THE GENERAL FUND AND THE AM OUNT THAT WAS TRANSFERRED FROM25
ANY OTHER FUND; AND26
(III) F
OR THE TRANSFER OR TRANSFERS FOR THE NEXT FISCAL27
1353
-19- YEAR, A RECOMMENDATION REGARDING THE AMOUNT TO BE TRANSFERRED1
FROM THE GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM2
ANY OTHER FUND FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS3
(3)(a)(I)
AND (3)(a)(II) OF THIS SECTION.4
(4) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND5
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE6
FUND TO THE FUND.7
(5) I
N AUTHORIZING DISTRIBUTIONS OF PRINCIPAL AND INTEREST8
FROM THE FUND AND PURCHASING , LEASING, CONTRACTING FOR, AND9
OTHERWISE ACQUIRING EQUIPMENT FOR STATE ENTITIES , THE DIRECTOR OF10
THE DIVISION SHALL CONSIDER THE FOLLOWING :11
(a) T
HE NEED FOR ACHIEVING FUNCTIONAL INTEROPERABILITY12
AMONG LOCAL , STATE, AND FEDERAL PUBLIC SAFETY RADIO13
COMMUNICATIONS SYSTEMS BY ACQUIRING EQUIPMENT THAT MEETS14
EMERGING TECHNICAL STANDARDS FOR SYSTEMS INTEROPERABILITY AND15
OPEN NETWORK ARCHITECTURE ;16
(b) T
HE NEEDS OF LOCAL GOVERNMENT ENTITIES THAT HAVE17
RECENTLY INVESTED IN NEW RADIO SYSTEMS , PARTICULARLY IN REGARD18
TO INTEROPERABILITY; AND19
(c) T
HE PROMOTION OF AN ORDERLY TRANSITION FROM20
ANALOG-BASED TO DIGITAL-BASED RADIO SYSTEMS.21
(6) I
N ACQUIRING EQUIPMENT PURSUANT TO SUBSECTION (5) OF22
THIS SECTION, THE DIRECTOR OF THE DIVISION SHALL DEVELOP BID23
SPECIFICATIONS THAT IDENTIFY ALL SERVICES, REQUIREMENTS, AND COSTS24
CONSISTENT WITH EXISTING STATE LAW .25
(7) (a) T
HE DIRECTOR OF THE DIVISION SHALL KEEP AN ACCURATE26
ACCOUNT OF ALL ACTIVITIES RELATED TO THE FUND INCLUDING ITS27
1353
-20- RECEIPTS AND EXPENDITURES AND SHALL ANNUALLY REPORT IN WRITING1
SUCH ACCOUNT TO THE JOINT BUDGET COMMITTEE , CREATED IN SECTION2
2-3-201.
THE STATE AUDITOR MAY INVESTIGATE THE AFFAIRS OF THE3
FUND, SEVERALLY EXAMINE THE PROPERTIES AND RECORDS RELATING TO4
THE FUND, AND PRESCRIBE ACCOUNTING METHODS AND PROCEDURES FOR5
RENDERING PERIODICAL REPORTS IN RELATION TO DISBURSEMENTS AND6
PURCHASES MADE FROM THE FUND .7
(b) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1368
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN9
SUBSECTION (7)(a) OF THIS SECTION CONTINUES INDEFINITELY.10
(8) I
N THE EXPENDITURE OF ANY MONEY FROM THE FUND FOR THE11
ACQUISITION, MAINTENANCE, OR LEASE OF ANY PUBLIC SAFETY RADIO12
COMMUNICATIONS SYSTEMS EQUIPMENT OR ANY OTHER COMMUNICATIONS13
DEVICES OR EQUIPMENT, THE DIRECTOR OF THE DIVISION SHALL ENSURE14
THAT SUCH EXPENDITURES ARE MADE PURSUANT TO THE REQUIREMENTS15
SET FORTH UNDER THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF16
THIS TITLE 24.17
SECTION 4. In Colorado Revised Statutes, 24-37.5-501, add (3)18
as follows:19
24-37.5-501. Powers, duties, and functions concerning20
telecommunications. (3) THE CHIEF INFORMATION OFFICER SHALL BEGIN21
THE TRANSFER OF THE PUBLIC SAFETY TELECOMMUNICATIONS PROGRAM22
TO THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO HOUSE BILL23
22-1353 ON JULY 1, 2022.24
SECTION 5. In Colorado Revised Statutes, 2-3-1304, amend25
(1)(f) as follows:26
2-3-1304. Powers and duties of capital development committee27
1353
-21- - definition. (1) The capital development committee has the following1
powers and duties:2
(f) To review the annual capital construction and maintenance3
requests from the chief information officer of the office of information4
technology regarding the public safety communications trust fund created5
pursuant to section 24-37.5-506, C.R.S. SECTION 24-33.5-2510;6
SECTION 6. In Colorado Revised Statutes, 24-1-128.6, amend7
(2)(h)(II)(B) and (2)(h)(II)(C); and add (2)(h)(II)(D) as follows:8
24-1-128.6. Department of public safety - creation - repeal.9
(2) The department of public safety consists of the following divisions:10
(h) (II) The division of homeland security and emergency11
management includes the following agencies, which shall exercise their12
powers and perform their duties and functions under the department of13
public safety as if the same were transferred thereto by a type 2 transfer:14
(B) T
HE office of prevention and security, created in section15
24-33.5-1606; and
16
(C) The office of preparedness, created in section 24-33.5-1606.5;17
AND18
(D) T
HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS CREATED IN19
SECTION 24-33.5-2502.20
SECTION
7. In Colorado Revised Statutes, 24-33.5-1603, add21
(2)(d) as follows:22
24-33.5-1603. Division of homeland security and emergency23
management - creation - director. (2) The division includes the24
following agencies, which shall exercise their powers and perform their25
duties and functions under the department as if the same were transferred26
thereto by a type 2 transfer:27
1353
-22- (d) THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS , CREATED IN1
PART 25 OF THIS ARTICLE 33.5.2
SECTION 8. In Colorado Revised Statutes, 30-11-107, repeal3
(1)(x) as follows:4
30-11-107. Powers of the board. (1) The board of county5
commissioners of each county has power at any meeting:6
(x) To enter into a contract with the state telecommunications7
director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for8
the providing of teleconferencing facilities and services between the9
county and any other county, city and county, or state agency to be used10
for teleconferencing of hearings relating to any person in the custody of11
the county;12
SECTION 9. In Colorado Revised Statutes, repeal 30-11-208 as13
follows:14
30-11-208. Contract - teleconferencing facilities and services.15
The city and county of Denver may enter into a contract with the state16
telecommunications director pursuant to the provisions of section17
24-37.5-503, C.R.S., for the providing of teleconferencing facilities and18
services between the city and county of Denver and any other county or19
state agency to be used for teleconferencing of hearings relating to any20
person in the custody of the city and county of Denver.21
SECTION 10. In Colorado Revised Statutes, 43-1-1202, amend22
(1)(a)(IV)(B) as follows:23
43-1-1202. Department powers - definition.24
(1) Notwithstanding any other law, the department may:25
(a) Solicit and consider proposals, enter into agreements, grant26
benefits, and accept contributions for public-private initiatives pursuant27
1353
-23- to this part 12 concerning any of the following:1
(IV) (B) For purposes of this subsection (1)(a)(IV),2
"telecommunications" does not mean the state telecommunications3
network described in part 5 of article 37.5 of title 24 PART 25 OF ARTICLE4
33.5
OF TITLE 24.5
SECTION
11. In Colorado Revised Statutes, repeal 24-33.5-7166
and part 5 of article 37.5 of title 24.7
SECTION 12. Effective date. This act takes effect July 1, 2023;8
except that sections 4, 12, and 13 of this act take effect upon passage.9
SECTION 13. Safety clause. The general assembly hereby finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety.12
1353
-24-