Colorado 2022 Regular Session

Colorado House Bill HB1353 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0705.01 Nicole Myers x4326
1	8		HOUSE BILL 22-1353
2		-	~~BY REPRESENTATIVE(S) Bernett and Baisley, Titone, Bird, Bockenfeld,~~
3		-	~~Lindsay, Lontine, McCluskie, Michaelson Jenet, Ortiz;~~
4		-	~~also SENATOR(S) Bridges, Kolker, Cooke, Kirkmeyer, Pettersen,~~
5		-	~~Woodward, Fenberg.~~
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
6	13		C
7		-	ONCERNING THE COORDINATION OF STATE PUBLIC SAFETY
8		-	COMMUNICATIONS
9		-	, AND, IN CONNECTION THEREWITH, TRANSFERRING
10		-	THE POWERS
11		-	, DUTIES, AND FUNCTIONS RELATED TO SUCH
12		-	COORDINATION FROM THE OFFICE OF INFORMATION TECHNOLOGY TO
13		-	THE DEPARTMENT OF PUBLIC SAFETY
14		-	.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. Legislative declaration. (1) The general assembly
17		-	hereby finds and declares that:
18		-	(a) Since 1998, the public safety communications network program,
19		-	in partnership with local government infrastructure owners, has provided a
20		-	statewide wireless system, called the digital trunked radio system, that
21		-	enables direct communications between first responders and public safety
22		-	agencies across jurisdictional and regional boundaries;
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (b) Transferring this existing public safety communications network
31		-	program from the governor's office of information technology to the
32		-	department of public safety is supported by users, stakeholders, and the
33		-	executive branch of state government;
34		-	(c) A governance structure that reflects the sentiments of statewide
35		-	users and stakeholders is imperative to ensure that the state continues to
36		-	have a reliable public safety communications network that ensures the
37		-	well-being of all Coloradans; and
38		-	(d) The governor's office of information technology and the
39		-	Colorado department of public safety will prioritize maintaining complete
40		-	network reliability and operational efficiency as they coordinate the transfer
41		-	of the digital trunked radio system.
42		-	SECTION 2. In Colorado Revised Statutes, 2-3-1704, repeal (3)
43		-	as follows:
44		-	2-3-1704. Powers and duties of the joint technology committee.
45		-	(3) The committee oversees any telecommunications coordination within
46		-	state government that the chief information officer performs pursuant to
47		-	part 5 of article 37.5 of title 24, C.R.S.
48		-	SECTION 3. In Colorado Revised Statutes, add part 25 to article
49		-	33.5 of title 24 as follows:
50		-	PART 25
51		-	PUBLIC SAFETY COMMUNICATIONS
	14	+	ONCERNING THE COORDINATION OF STATE PUBLIC SAFETY101
	15	+	COMMUNICATIONS , AND, IN CONNECTION THEREWITH ,102
	16	+	TRANSFERRING THE POWERS , DUTIES, AND FUNCTIONS RELATED103
	17	+	TO SUCH COORDINATION FROM THE OFFICE OF INFORMATION104
	18	+	TECHNOLOGY TO THE DEPARTMENT OF PUBLIC SAFETY .105
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov/
	25	+	.)
	26	+	Joint Technology Committee. Currently, the joint technology
	27	+	committee of the general assembly oversees any telecommunications
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 6, 2022
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	May 5, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	May 2, 2022
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 29, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	Bernett and Baisley, Titone, Bird, Bockenfeld, Lindsay, Lontine, McCluskie, Michaelson
	42	+	Jenet, Ortiz
	43	+	SENATE SPONSORSHIP
	44	+	Bridges, Kolker, Cooke, Fenberg, Kirkmeyer, Pettersen, Woodward
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. coordination within state government. The bill moves that oversight
	48	+	function to the department of public safety's oversight committee
	49	+	pursuant to the "State Measurement for Accountable, Responsive, and
	50	+	Transparent (SMART) Government Act".
	51	+	Currently, the chief information officer in the office of information
	52	+	technology exercises the powers, duties, and functions related to public
	53	+	safety telecommunications coordination within state government (public
	54	+	safety communications). On July 1, 2022, the bill transfers these powers,
	55	+	duties, and functions to the department of public safety (department). The
	56	+	transferred powers, duties, and functions are allocated to the division of
	57	+	homeland security and emergency management (division) in the
	58	+	department. In addition, the bill transfers employees, property, and
	59	+	policies of the office of information technology related to public safety
	60	+	communications to the division.
	61	+	The bill creates the office of public safety communications in the
	62	+	division (office) and creates the director of the office. The bill relocates
	63	+	the existing state public safety communications network in the office and
	64	+	specifies the duties and responsibilities of the director of the office that
	65	+	were formerly the duties and responsibilities of the chief information
	66	+	officer of the office of information technology. The duties and
	67	+	responsibilities include:
	68	+	! Formulating recommendations for a current and long-range
	69	+	public safety communications plan and administering the
	70	+	plan;
	71	+	! Reviewing all existing and future state-owned public safety
	72	+	communications applications, planning, networks, systems,
	73	+	programs, equipment, and facilities and establishing
	74	+	priorities for those applications;
	75	+	! Approving the acquisition of public safety communications
	76	+	equipment by any state entity;
	77	+	! Establishing and enforcing public safety communications
	78	+	policies, procedures, standards, and records for
	79	+	management of public safety communications networks
	80	+	and facilities for all state entities;
	81	+	! Reviewing, assessing, and ensuring compliance with
	82	+	federal and state public safety communications regulations
	83	+	pertaining to the needs and functions of state entities;
	84	+	! Advising the governor and general assembly on public
	85	+	safety communications matters;
	86	+	! Administering the public safety communications trust fund;
	87	+	! Adopting recommended standards for the replacement of
	88	+	analog-based radio equipment with digital-based radio
	89	+	equipment for purposes of dispatching and related
	90	+	functions within the department of public safety; and
	91	+	! For purposes of serving the radio communications needs of
	92	+	1353
	93	+	-2- state departments, adopting standards and policies and
	94	+	setting a recommended timetable for the replacement of
	95	+	existing radio public safety communications equipment
	96	+	with a system that satisfies the requirements of the federal
	97	+	communications commission public safety national plan.
	98	+	The director of the office may enter into contracts, formerly
	99	+	entered into by the chief information officer, with specified public entities
	100	+	and may act as a public safety communications network provider to
	101	+	provide public safety radio communications between or among 2 or more
	102	+	counties or state agencies.
	103	+	The bill specifies when users of public safety radio systems,
	104	+	including public entities and privately owned businesses, will be charged
	105	+	fees for the service, including the cost of material, labor, and overhead.
	106	+	The executive director of the department is required to exercise the
	107	+	powers, duties, and functions regarding the existing tactical and long-term
	108	+	interoperable communications plan to improve the ability of the public
	109	+	safety agencies of state government to communicate with public safety
	110	+	agencies of the federal government, regions, local governments, and other
	111	+	states. The director of the office is required to update and revise the
	112	+	tactical and long-term interoperable communications plan at least once
	113	+	every 3 years.
	114	+	The bill relocates the existing public safety communications trust
	115	+	fund, specifies the sources of money in the fund, and specifies the
	116	+	purposes for which money in the fund must be used.
	117	+	Be it enacted by the General Assembly of the State of Colorado:1
	118	+	SECTION 1. Legislative declaration. (1) The general assembly2
	119	+	hereby finds and declares that:3
	120	+	(a) Since 1998, the public safety communications network4
	121	+	program, in partnership with local government infrastructure owners, has5
	122	+	provided a statewide wireless system, called the digital trunked radio6
	123	+	system, that enables direct communications between first responders and7
	124	+	public safety agencies across jurisdictional and regional boundaries;8
	125	+	(b) Transferring this existing public safety communications9
	126	+	network program from the governor's office of information technology to10
	127	+	the department of public safety is supported by users, stakeholders, and11
	128	+	1353-3- the executive branch of state government;1
	129	+	(c) A governance structure that reflects the sentiments of2
	130	+	statewide users and stakeholders is imperative to ensure that the state3
	131	+	continues to have a reliable public safety communications network that4
	132	+	ensures the well-being of all Coloradans; and5
	133	+	(d) The governor's office of information technology and the6
	134	+	Colorado department of public safety will prioritize maintaining complete7
	135	+	network reliability and operational efficiency as they coordinate the8
	136	+	transfer of the digital trunked radio system.9
	137	+	SECTION 2. In Colorado Revised Statutes, 2-3-1704, repeal (3)10
	138	+	as follows:11
	139	+	2-3-1704. Powers and duties of the joint technology committee.12
	140	+	(3) The committee oversees any telecommunications coordination within13
	141	+	state government that the chief information officer performs pursuant to14
	142	+	part 5 of article 37.5 of title 24, C.R.S.15
	143	+	SECTION 3. In Colorado Revised Statutes, add part 25 to article16
	144	+	33.5 of title 24 as follows:17
	145	+	PART 2518
	146	+	PUBLIC SAFETY COMMUNICATIONS19
52	147		24-33.5-2501. Definitions. A
53		-	S USED IN THIS PART 25, UNLESS THE
54		-	CONTEXT OTHERWISE REQUIRES
55		-	:
	148	+	S USED IN THIS PART 25, UNLESS THE20
	149	+	CONTEXT OTHERWISE REQUIRES :21
56	150		(1) "D
57		-	IVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND
58		-	EMERGENCY MANAGEMENT CREATED IN SECTION
59		-	24-33.5-1603.
	151	+	IVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND22
	152	+	EMERGENCY MANAGEMENT CREATED IN SECTION 24-33.5-1603.23
60	153		(2) "I
61		-	NTEROPERABLE COMMUNICATIONS " MEANS THE ABILITY OF
62		-	PUBLIC SAFETY AGENCIES IN VARIOUS DISCIPLINES AND JURISDICTIONS TO
63		-	COMMUNICATE WITH EACH OTHER ON DEMAND AND IN REAL TIME ~~BY VOICE~~
64		-	OR DATA USING COMPATIBLE RADIO COMMUNICATION SYSTEMS ~~OR OTHER~~
65		-	~~TECHNOLOGY~~
66		-	.
67		-	~~PAGE 2-HOUSE BILL 22-1353~~ (3) "~~OFFICE" MEANS THE OFFICE OF PUBLIC SAFETY~~
68		-	~~COMMUNICATIONS CREATED IN SECTION~~
69		-	24-33.5-2502.
	154	+	NTEROPERABLE COMMUNICATIONS " MEANS THE ABILITY OF24
	155	+	PUBLIC SAFETY AGENCIES IN VARIOUS DISCIPLINES AND JURISDICTIONS TO25
	156	+	COMMUNICATE WITH EACH OTHER ON DEMAND AND IN REAL TIME BY26
	157	+	VOICE OR DATA USING COMPATIBLE RADIO COMMUNICATION SYSTEMS OR27
	158	+	1353
	159	+	-4- OTHER TECHNOLOGY.1
	160	+	(3) "O
	161	+	FFICE" MEANS THE OFFICE OF PUBLIC SAFETY2
	162	+	COMMUNICATIONS CREATED IN SECTION 24-33.5-2502.3
70	163		(4) "P
71		-	UBLIC SAFETY AGENCY" MEANS AN AGENCY PROVIDING LAW
72		-	ENFORCEMENT
73		-	, FIRE PROTECTION, EMERGENCY MEDICAL, OR EMERGENCY
74		-	RESPONSE SERVICES
75		-	.
	164	+	UBLIC SAFETY AGENCY" MEANS AN AGENCY PROVIDING LAW4
	165	+	ENFORCEMENT, FIRE PROTECTION, EMERGENCY MEDICAL, OR EMERGENCY5
	166	+	RESPONSE SERVICES.6
76	167		(5) "R
77		-	EGION" MEANS AN ALL-HAZARDS EMERGENCY MANAGEMENT
78		-	REGION ESTABLISHED BY EXECUTIVE ORDER OF THE GOVERNOR
79		-	.
80		-	24-33.5-2502. Office of public safety communications - public
81		-	safety communications revolving fund - creation. (1) T
82		-	HE OFFICE OF
83		-	PUBLIC SAFETY COMMUNICATIONS IS CREATED IN THE DIVISION OF
84		-	HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE DEPARTMENT
85		-	OF PUBLIC SAFETY
86		-	. THE OFFICE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
87		-	24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
88		-	FUNCTIONS UNDER THE DEPARTMENT OF PUBLIC SAFETY
89		-	. THE DIRECTOR OF
90		-	THE DIVISION SHALL APPOINT A DIRECTOR AS HEAD OF THE OFFICE OF PUBLIC
91		-	SAFETY COMMUNICATIONS
92		-	.
93		-	(2) (a) T
94		-	HE PUBLIC SAFETY COMMUNICATIONS REVOLVING FUND ,
95		-	REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE
96		-	STATE TREASURY
97		-	. THE FUND CONSISTS OF MONEY APPROPRIATED TO THE
98		-	FUND PURSUANT TO SUBSECTION
99		-	(2)(b) OF THIS SECTION, MONEY DEPOSITED
100		-	OR CREDITED TO THE FUND PURSUANT TO SUBSECTIONS
101		-	(3) AND (4) OF THIS
	168	+	EGION" MEANS AN ALL-HAZARDS EMERGENCY MANAGEMENT7
	169	+	REGION ESTABLISHED BY EXECUTIVE ORDER OF THE GOVERNOR .8
	170	+	24-33.5-2502. Office of public safety communications -
	171	+	public9
	172	+	safety communications revolving fund - creation. (1) THE OFFICE OF10
	173	+	PUBLIC SAFETY COMMUNICATIONS IS CREATED IN THE DIVISION OF11
	174	+	HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE12
	175	+	DEPARTMENT OF PUBLIC SAFETY . THE OFFICE IS A TYPE 2 ENTITY, AS13
	176	+	DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS14
	177	+	ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT OF PUBLIC SAFETY .15
	178	+	T
	179	+	HE DIRECTOR OF THE DIVISION SHALL APPOINT A DIRECTOR AS HEAD OF16
	180	+	THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS .17 (2) (a) THE PUBLIC SAFETY COMMUNICATIONS REVOLVING FUND,18
	181	+	REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE19
	182	+	STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED TO THE20
	183	+	FUND PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, MONEY21
	184	+	DEPOSITED OR CREDITED TO THE FUND PURSUANT TO SUBSECTIONS (3) AND22
	185	+	(4) OF THIS SECTION, AND ANY OTHER MONEY THAT THE GENERAL23
	186	+	ASSEMBLY MAY TRANSFER TO THE FUND .24
	187	+	(b) THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE25
	188	+	FUND EACH FISCAL YEAR IN THE ANNUAL GENERAL APPROPRIATION ACT26
	189	+	FOR THE DIRECT AND INDIRECT COSTS OF THE OFFICE .27
	190	+	1353
	191	+	-5- (c) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND1
	192	+	INCOME DERIVED FROM THE DEPOSIT OR INVESTMENT OF MONEY IN THE2
	193	+	FUND TO THE FUND.3
	194	+	(d) THE STATE TREASURER SHALL CREDIT ANY UNEXPENDED AND4
	195	+	UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A FISCAL5
	196	+	YEAR TO THE FUND.6
	197	+	(e) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE7
	198	+	OFFICE TO PAY THE DIRECT AND INDIRECT COSTS, INCLUDING PERSONAL8
	199	+	SERVICES AND OPERATING COSTS, ASSOCIATED WITH ADMINISTERING9
	200	+	PUBLIC SAFETY COMMUNICATIONS .10
	201	+	(3) THE OFFICE SHALL DEVELOP A METHOD FOR BILLING USERS OF11
	202	+	THE OFFICE'S SERVICES THE FULL COST OF THE SERVICES , INCLUDING12
	203	+	MATERIALS, DEPRECIATION RELATED TO CAPITAL COSTS, LABOR, AND13
	204	+	ADMINISTRATIVE OVERHEAD. THE BILLING METHOD SHALL BE FULLY14
	205	+	IMPLEMENTED FOR ALL USERS OF THE OFFICE'S SERVICES ON OR BEFORE15
	206	+	JULY 1, 2023. REVENUE GENERATED FROM SUCH BILLING SHALL BE16
	207	+	CREDITED TO THE FUND.17
	208	+	(4) (a) THE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS,18
	209	+	GRANTS, DONATIONS, AND BEQUESTS FROM PRIVATE OR PUBLIC SOURCES19
	210	+	FOR THE DIRECT AND INDIRECT COSTS, INCLUDING PERSONAL SERVICES20
	211	+	AND OPERATING COSTS, ASSOCIATED WITH ADMINISTERING PUBLIC SAFETY21
	212	+	COMMUNICATIONS. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED22
	213	+	THROUGH GIFTS, GRANTS, DONATIONS, OR BEQUESTS FOR SUCH PURPOSES23
	214	+	TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND.24
	215	+	(b) THE OFFICE MAY CONTRACT WITH THE UNITED STATES AND25
	216	+	ANY OTHER LEGAL ENTITIES WITH RESPECT TO MONEY AVAILABLE TO THE26
	217	+	OFFICE THROUGH GIFTS, GRANTS, DONATIONS, OR BEQUESTS.27
	218	+	1353
	219	+	-6- 24-33.5-2503. Transfer of functions - continuity of existence -1
	220	+	- rules. (1) O
	221	+	N JULY 1,
	222	+	2023, THE POWERS, DUTIES, AND FUNCTIONS OF2
	223	+	THE OFFICE OF INFORMATION TECHNOLOGY IN CONNECTION WITH PUBLIC3
	224	+	SAFETY TELECOMMUNICATIONS COORDINATION WITHIN STATE4
	225	+	GOVERNMENT PURSUANT TO THE FORMER PART 5 OF ARTICLE 37.5 OF THIS5
	226	+	TITLE 24, REFERRED TO IN THIS PART 25 AS "PUBLIC SAFETY6
	227	+	COMMUNICATIONS", ARE TRANSFERRED TO THE DEPARTMENT AND7
	228	+	ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION .8
	229	+	(2) (a) O
	230	+	N AND AFTER JULY 1,
	231	+	2023, THE OFFICERS AND9
	232	+	EMPLOYEES OF THE OFFICE OF INFORMATION TECHNOLOGY WHOSE10
	233	+	POWERS, DUTIES, AND FUNCTIONS CONCERN THE POWERS , DUTIES, AND11
	234	+	FUNCTIONS TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE12
	235	+	DIVISION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND WHOSE13
	236	+	EMPLOYMENT IN THE DIVISION IS DEEMED NECESSARY BY THE DIRECTOR14
	237	+	OF THE DIVISION TO CARRY OUT THE PURPOSES OF THIS PART 25 SHALL BE15
	238	+	TRANSFERRED TO THE DIVISION AND BECOME EMPLOYEES THEREOF .16
	239	+	(b) A
	240	+	NY EMPLOYEES WHO ARE TRANSFERRED TO THE DEPARTMENT17
	241	+	PURSUANT TO THIS SUBSECTION (2) AND WHO ARE CLASSIFIED EMPLOYEES18
	242	+	IN THE STATE PERSONNEL SYSTEM SHALL RETAIN ALL RIGHTS TO THE19
	243	+	PERSONNEL SYSTEM AND RETIREMENT BENEFITS PURSUANT TO THE LAWS20
	244	+	OF THE STATE, AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN21
	245	+	CONTINUOUS. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN22
	246	+	THE STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN23
	247	+	ACCORDANCE WITH STATE PERSONNEL SYSTEM LAWS AND REGULATIONS .24
	248	+	(3) O
	249	+	N OR BEFORE JULY 1,
	250	+	2023, ALL ITEMS OF PROPERTY, REAL25
	251	+	AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES , BOOKS,26
	252	+	DOCUMENTS, AND RECORDS OF THE OFFICE OF INFORMATION TEC HNOLOGY27
	253	+	1353
	254	+	-7- PRIOR TO SAID DATE PERTAINING TO THE POWERS, DUTIES, AND FUNCTIONS1
	255	+	TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION2
	256	+	PURSUANT TO THIS SECTION, ARE TRANSFERRED TO AND BECOME THE3
	257	+	PROPERTY OF THE DIVISION.4
	258	+	(4) W
	259	+	HENEVER THE OFFICE OF INFORMATION TECHNOLOGY IS5
	260	+	REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN6
	261	+	CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED7
	262	+	TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURSUANT TO THIS8
	263	+	SECTION, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY9
	264	+	TO THE DIVISION. ALL CONTRACTS ENTERED INTO BY THE OFFICE OF10
	265	+	INFORMATION TECHNOLOGY PRIOR TO JULY 1,
	266	+	2023, IN CONNECTION WITH11
	267	+	THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT12
	268	+	AND ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION ARE13
	269	+	HEREBY VALIDATED , WITH THE DIVISION CREATED BY SECTION14
	270	+	24-33.5-1603
	271	+	SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH15
	272	+	CONTRACTS. ANY APPROPRIATIONS OF MONEY FROM PRIOR FISCAL YEARS16
	273	+	OPEN TO SATISFY OBLIGATIONS INCURRED PURSUANT TO SUCH CONTRACTS17
	274	+	ARE HEREBY TRANSFERRED AND APPROPRIATED TO THE DIVISION FOR THE18
	275	+	PAYMENT OF SUCH OBLIGATIONS .19
	276	+	(5) A
	277	+	LL POLICIES OF THE OFFICE OF INFORMATION TECHNOLOGY IN20
	278	+	CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED21
	279	+	TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURS UANT TO THIS22
	280	+	SECTION SHALL CONTINUE TO BE EFFECTIVE UNTIL REVISED , AMENDED,23
	281	+	REPEALED, OR NULLIFIED PURSUANT TO LAW. ON OR AFTER JULY 1,
	282	+	2023,24
	283	+	THE DIRECTOR OF THE DIVISION SHALL ADOPT RULES NECESSARY FOR THE25
	284	+	ADMINISTRATION OF SUCH POWERS , DUTIES, AND FUNCTIONS.26
	285	+	24-33.5-2504. Public safety communications network. (1) T
	286	+	O27
	287	+	1353
	288	+	-8- MORE EFFICIENTLY SUPPORT THE EFFORTS OF STATE DEPARTMENTS , STATE1
	289	+	INSTITUTIONS, STATE AGENCIES, LAW ENFORCEMENT AGENCIES , AND ANY2
	290	+	PUBLIC SAFETY POLITICAL SUBDIVISIONS , AND TO BETTER SERVE THE3
	291	+	PUBLIC, A STATE PUBLIC SAFETY COMMUNICATIONS NETWORK IS4
	292	+	ESTABLISHED, THE CONSTRUCTION , MAINTENANCE, SECURITY, AND5
	293	+	MANAGEMENT OF WHICH IS UNDER THE SUPERVISION OF THE DIRECTOR OF6
	294	+	THE OFFICE.7
	295	+	(2) T
	296	+	HE DIRECTOR OF THE DIVISION SHALL APPOINT ASSISTANTS ,8
	297	+	CLERICAL STAFF, AND OTHER PERSONNEL AS MAY BE NECESSARY TO9
	298	+	DISCHARGE THE DUTIES AND RESPONSIBILITIES SET FORTH BY THIS PART10
	299	+	25.11
	300	+	24-33.5-2505. Office of public safety communications -12
	301	+	director - duties and responsibilities - rules. (1) T
	302	+	HE DIRECTOR OF THE13
	303	+	OFFICE SHALL PERFORM THE FOLLOWING FUNCTIONS CONCERNING PUBLIC14
	304	+	SAFETY COMMUNICATIONS :15
	305	+	(a) I
	306	+	N CONSULTATION WITH LOCAL , STATE, AND FEDERAL16
	307	+	DEPARTMENTS , INSTITUTIONS, AND AGENCIES , FORMULATE17
	308	+	RECOMMENDATIONS FOR A CURRENT AND LONG -RANGE PUBLIC SAFETY18
	309	+	COMMUNICATIONS PLAN , INVOLVING PUBLIC SAFETY RADIO19
	310	+	COMMUNICATIONS SYSTEMS AND THEIR INTEGRATION INTO APPLICABLE20
	311	+	PUBLIC SAFETY COMMUNICATIONS NETWORKS FOR APPROVAL OF THE21
	312	+	GOVERNOR;22
	313	+	(b) A
	314	+	DMINISTER THE APPROVED CURRENT AND LONG -RANGE PLAN23
	315	+	FOR PUBLIC SAFETY COMMUNICATIONS AND EXERCISE SUPERVISION OVER24
	316	+	ALL STATE-OWNED PUBLIC SAFETY COMMUNICATIONS NETWORKS ,25
	317	+	SYSTEMS, AND PUBLIC SAFETY WIRELESS BROADBAND AND MICROWAVE26
	318	+	FACILITIES;27
	319	+	1353
	320	+	-9- (c) REVIEW ALL EXISTING AND FUTURE STATE -OWNED PUBLIC1
	321	+	SAFETY COMMUNICATIONS APPLICATIONS , PLANNING, NETWORKS,2
	322	+	SYSTEMS, PROGRAMS, EQUIPMENT, AND FACILITIES AND ESTABLISH3
	323	+	PRIORITIES FOR THOSE THAT ARE NECESSARY AND DESIRABLE TO4
	324	+	ACCOMPLISH THE PURPOSES OF THIS PART 25;5
	325	+	(d) A
	326	+	PPROVE OR DISAPPROVE THE ACQUISITION OF PUBLIC SAFETY6
	327	+	COMMUNICATIONS EQUIPMENT BY ANY STATE DEPARTMENT , INSTITUTION,7
	328	+	OR AGENCY;8
	329	+	(e) E
	330	+	STABLISH AND ENFORCE PUBLIC SAFETY COMMUNICATIONS9
	331	+	POLICIES, PROCEDURES, STANDARDS, AND RECORDS FOR MANAGEMENT OF10
	332	+	PUBLIC SAFETY COMMUNICATIONS NETWORKS AND FACILITIES FOR ALL11
	333	+	STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES;12
	334	+	(f) C
	335	+	ONTINUALLY REVIEW, ASSESS, AND ENSURE COMPLIANCE13
	336	+	WITH FEDERAL AND STATE PUBLIC SAFETY COMMUNICATIONS14
	337	+	REGULATIONS PERTAINING TO THE NEEDS AND FUNCTIONS OF STATE15
	338	+	DEPARTMENTS, INSTITUTIONS, AND AGENCIES;16
	339	+	(g) A
	340	+	DVISE THE GOVERNOR AND GENERAL ASSEMBLY ON PUBLIC17
	341	+	SAFETY COMMUNICATIONS MATTERS ;18
	342	+	(h) A
	343	+	DMINISTER THE PUBLIC SAFETY COMMUNICATIONS TRUST19
	344	+	FUND CREATED IN SECTION 24-33.5-2510; AND20
	345	+	(i) A
	346	+	DOPT RULES REGARDING DISTRIBUTIONS OF PUBLIC SAFETY21
	347	+	COMMUNICATIONS TRUST FUND MONEY TO AND REPAYMENT OF SUCH22
	348	+	MONEY BY STATE AND LOCAL GOVERNMENTS .23
	349	+	(2) T
	350	+	HE DIRECTOR OF THE OFFICE MAY ENTER INTO CONTRACTS24
	351	+	WITH ANY COUNTY, CITY AND COUNTY, STATE AGENCY, SCHOOL DISTRICT,25
	352	+	OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND MAY ACT AS A26
	353	+	PUBLIC SAFETY COMMUNICATIONS NETWORK PROVIDER BETWEEN OR27
	354	+	1353
	355	+	-10- AMONG TWO OR MORE COUNTIES OR STATE AGENCIES FOR THE PURPOSE OF1
	356	+	PROVIDING PUBLIC SAFETY RADIO COMMUNICATIONS BETWEEN OR AMONG2
	357	+	SUCH ENTITIES, INCLUDING THE JUDICIAL SYSTEM OF ANY COUNTY , THE3
	358	+	DEPARTMENT OF CORRECTIONS , AND THE DEPARTMENT OF HUMAN4
	359	+	SERVICES AND ANY OF THEIR FACILITIES. TO ENSURE THE AVAILABILITY OF5
	360	+	SUCH NETWORK THROUGHOUT THE VARIOUS STATE AGENCIES , SCHOOL6
	361	+	DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES , AND7
	362	+	COUNTIES, THE DIRECTOR OF THE OFFICE SHALL DEVELOP A UNIFORM SET8
	363	+	OF STANDARDS AND POLICIES FOR FACILITIES TO BE USED BY THE9
	364	+	CONTRACTING ENTITIES.10
	365	+	(3) T
	366	+	HE DIRECTOR OF THE OFFICE SHALL:11
	367	+	(a) I
	368	+	N CONSULTATION WITH RECOGNIZED PUBLIC SAFETY RADIO12
	369	+	COMMUNICATION STANDARDS GROUPS AND APPROPRIATE AFFECTED13
	370	+	PUBLIC AGENCIES, ADOPT RECOMMENDED STANDARDS FOR THE14
	371	+	REPLACEMENT OF ANALOG-BASED RADIO EQUIPMENT WITH DIGITAL-BASED15
	372	+	RADIO EQUIPMENT FOR PURPOSES OF DISPATCHING AND RELATED16
	373	+	FUNCTIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY ; AND17
	374	+	(b) F
	375	+	OR PURPOSES OF SERVING THE RADIO COMMUNICATIONS18
	376	+	NEEDS OF STATE DEPARTMENTS , INCLUDING BUT NOT LIMITED TO THE19
	377	+	DEPARTMENTS OF PUBLIC SAFETY , TRANSPORTATION , NATURAL20
	378	+	RESOURCES, AND CORRECTIONS, ADOPT STANDARDS AND POLICIES AND21
	379	+	SET A RECOMMENDED TIMETABLE FOR THE REPLACEMENT OF EXISTING22
	380	+	RADIO PUBLIC SAFETY COMMUNICATIONS EQUIPMENT WITH A SYSTEM23
	381	+	THAT SATISFIES THE REQUIREMENTS OF THE FEDERAL COMMUNICATIONS24
	382	+	COMMISSION PUBLIC SAFETY NATIONAL PLAN .25
	383	+	(4) (a) T
	384	+	HE DIRECTOR OF THE DIVISION IS AUTHORIZED, SUBJECT TO26
	385	+	THE BUDGET REQUEST REQUIREMENTS SET FORTH IN SECTIONS 2-3-20827
	386	+	1353
	387	+	-11- AND 24-37-304 (1)(c.3) AND SUBJECT TO APPROPRIATION BY THE GENERAL1
	388	+	ASSEMBLY, TO PURCHASE OR LEASE ANY REAL ESTATE , BUILDINGS, AND2
	389	+	PROPERTY NECESSARY FOR THE OPERATION OR DEVELOPMENT OF THE3
	390	+	PUBLIC SAFETY COMMUNICATIONS NETWORK ; TO USE ANY AVAILABLE4
	391	+	FACILITIES AND PUBLIC SAFETY COMMUNICATIONS EQUIPMENT OF ANY5
	392	+	STATE AGENCY OR INSTITUTION; AND, IF NECESSARY, TO PROVIDE FOR THE6
	393	+	CONSTRUCTION OF THE NETWORK .7
	394	+	(b) T
	395	+	HE FACILITIES OF THE NETWORK MAY BE MADE AVAILABLE8
	396	+	WITHIN AVAILABLE RESOURCES AND WITHOUT ANY NEGATIVE IMPACT TO9
	397	+	THE EXISTING NETWORK FOR THE USE OF :10
	398	+	(I) S
	399	+	TATE DEPARTMENTS, STATE INSTITUTIONS, STATE AGENCIES,11
	400	+	LAW ENFORCEMENT AGENCIES , AND ANY PUBLIC SAFETY POLITICAL12
	401	+	SUBDIVISIONS OF THE STATE;13
	402	+	(II) O
	403	+	THER LOCAL, STATE, AND FEDERAL GOVERNMENTAL ENTITIES14
	404	+	OR PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT DIRECTLY15
	405	+	SUPPORT ANY AGENCY DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS16
	406	+	SECTION AND THAT:17
	407	+	(A) M
	408	+	AY BE REQUESTED TO SUPPORT THE PURPOSES EXPRESSED IN18
	409	+	SUBSECTIONS (1)(c) AND (1)(e) OF THIS SECTION AND AGGREGATE PUBLIC19
	410	+	SAFETY COMMUNICATIONS SERVICE REQUIREMENTS OF ANY PUBLIC OFFICE20
	411	+	DESCRIBED IN SECTION 24-32-3001 (1)(h); OR21
	412	+	(B) M
	413	+	AKE DONATIONS, GRANTS, BEQUESTS, AND OTHER22
	414	+	CONTRIBUTIONS TO THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND23
	415	+	PURSUANT TO SECTION 24-33.5-2510 (2)(b); OR24
	416	+	(III) (A) P
	417	+	RIVATE ENTITIES THROUGH PUBLIC -PRIVATE25
	418	+	PARTNERSHIPS CONSIDERED , EVALUATED, AND ACCEPTED BY THE26
	419	+	DIRECTOR OF THE DIVISION; EXCEPT THAT ANY NEGOTIATED LEASE RATES27
	420	+	1353
	421	+	-12- MUST BE BASED ON LOCAL MARKET -BASED LEASE RATES IN THE AREA.1
	422	+	(B) L
	423	+	EASE REVENUES FROM PUBLIC -PRIVATE PARTNERSHIPS2
	424	+	ENTERED INTO PURSUANT TO SUBSECTION (4)(b)(III)(A) OF THIS SECTION3
	425	+	MUST BE CREDITED AS FOLLOWS: SEVENTY-FIVE PERCENT TO THE PUBLIC4
	426	+	SAFETY COMMUNICATIONS TRUST FUND FOR IMPROVEMENTS TO THE STATE5
	427	+	PUBLIC SAFETY COMMUNICATIONS NETWORK AND TWENTY -FIVE PERCENT6
	428	+	TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND7
	429	+	CREATED IN SECTION 22-43.7-104 FOR TECHNOLOGY GRANTS ALLOWED IN8
	430	+	SECTION 22-43.7-109 (13).9
	431	+	(5) T
	432	+	HE DEPARTMENT SHALL ANNUALLY INCLUDE AS PART OF ITS10
	433	+	PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A HEARING HELD11
	434	+	PURSUANT TO SECTION 2-7-203 (2)(a) UPDATES REGARDING STATE PUBLIC12
	435	+	SAFETY COMMUNICATIONS AS DEEMED APPROPRIATE BY THE DIRECTOR OF13
	436	+	THE DIVISION.14
	437	+	24-33.5-2506. Legislative department exemption. T
	438	+	HE15
	439	+	PROVISIONS OF THIS PART 25 DO NOT APPLY TO THE LEGISLATIVE16
	440	+	DEPARTMENT OF THE STATE.17
	441	+	24-33.5-2507. Higher education exemption. L
	442	+	OCAL AND18
	443	+	INTERNAL PUBLIC SAFETY COMMUNICATIONS NETWORKS OF INSTITUTIONS19
	444	+	OF HIGHER EDUCATION MAY BE EXEMPTED FROM THE PROVISIONS OF THIS20
	445	+	PART 25 UPON APPLICATION TO THE DIRECTOR OF THE OFFICE ; EXCEPT21
	446	+	THAT ALL SYSTEMS MUST BE CERTIFIED BY THE DIRECTOR OF THE OFFICE22
	447	+	AS BEING TECHNICALLY COMPATIBLE WITH PLANS AND NETWORKS AS23
	448	+	DESCRIBED IN SECTION 24-33.5-2505 (1).24
	449	+	24-33.5-2508. Digital trunked radio system - service charges25
	450	+	- pricing policy. (1) (a) U
	451	+	SERS OF THE DIGITAL TRUNKED RADIO SYSTEM26
	452	+	SHALL BE CHARGED THE FULL COST OF THE PARTICULAR SERVICE , WHICH27
	453	+	1353
	454	+	-13- SHALL INCLUDE THE COST OF ALL MATERIAL, LABOR, AND OVERHEAD. THE1
	455	+	USER CHARGES SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO2
	456	+	SHALL CREDIT THEM TO THE PUBLIC SAFETY COMMUNICATIONS TRUST3
	457	+	FUND CREATED IN SECTION 24-33.5-2510. THE PUBLIC SAFETY4
	458	+	COMMUNICATIONS TRUST FUND MUST INCLUDE USER CHARGES ON PUBLIC5
	459	+	SAFETY RADIO SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY ;6
	460	+	EXCEPT THAT NO MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL7
	461	+	DISTRICT SHALL BE CHARGED USER CHARGES ON PUBLIC SAFETY RADIO8
	462	+	SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY .9
	463	+	(b) P
	464	+	RIVATELY OWNED AND OPERATED BUSINESSES MAY BE10
	465	+	GRANTED USE OF THE PUBLIC SAFETY COMMUNICATIONS NETWORK . SUCH11
	466	+	BUSINESSES MAY BE ASSESSED FEES FOR NETWORK SERVICES PROVIDED .12
	467	+	F
	468	+	EES COLLECTED FROM THESE BUSINESSES SHALL BE TRANSFERRED TO THE13
	469	+	PUBLIC SAFETY COMMUNICATIONS TRUST FUND FOR REINVESTMENT IN THE14
	470	+	NETWORK.15
	471	+	(2) T
	472	+	HE DIRECTOR OF THE OFFICE SHALL ESTABLISH A POLICY OF16
	473	+	REMAINING COMPETITIVE WITH PRIVATE INDUSTRY WITH REGARD TO THE17
	474	+	COST, TIMELINESS, AND QUALITY OF THE PUBLIC SAFETY RADIO18
	475	+	COMMUNICATIONS FUNCTIONS PROVIDED BY THE DEPARTMENT . AN19
	476	+	AGENCY MAY ONLY PURCHASE PRIVATE SERVICES IF IT HAS FIRST WORKED20
	477	+	WITH THE DEPARTMENT AND THE DEPARTMENT HAS AUTHORIZED THE21
	478	+	PURCHASE OF PRIVATE SERVICES.22
	479	+	24-33.5-2509. Interoperable communications among public23
	480	+	safety radio systems - statewide plan - regional plans - governmental24
	481	+	immunity - needs assessment. (1) (a) T
	482	+	HE EXECUTIVE DIRECTOR SHALL25
	483	+	EXERCISE THE POWERS , DUTIES, AND FUNCTIONS REGARDING THE26
	484	+	TACTICAL AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN ,27
	485	+	1353
	486	+	-14- ADOPTED BY EACH REGION PURSUANT TO FORMER SECTION 24-33.5-716,1
	487	+	AS THAT SECTION EXISTED ON JUNE 30, 2023, TO IMPROVE2
	488	+	COMMUNICATIONS AMONG PUBLIC SAFETY AGENCIES IN THE REGION AND3
	489	+	WITH PUBLIC SAFETY AGENCIES OF OTHER REGIONS , THE STATE AND4
	490	+	FEDERAL GOVERNMENTS , AND OTHER STATES. THE PLANS SHALL INCLUDE5
	491	+	MEASURES TO CREATE AND PERIODICALLY TEST INTEROPERABILITY6
	492	+	INTERFACES, PROVISIONS FOR TRAINING ON COMMUNICATIONS SYSTEMS7
	493	+	AND EXERCISES ON THE IMPLEMENTATION OF THE PLAN , A STRATEGY FOR8
	494	+	INTEGRATING WITH THE STATE DIGITAL TRUNKED RADIO SYSTEM ,9
	495	+	DEADLINES FOR IMPLEMENTATION , AND OTHER ELEMENTS REQUIRED BY10
	496	+	THE EXECUTIVE DIRECTOR. EACH REGION SHALL SUBMIT REVISED PLANS11
	497	+	AS THEY ARE UPDATED TO THE DIRECTOR OF THE OFFICE .12
	498	+	(b) E
	499	+	ACH LOCAL GOVERNMENT AGENCY OR PRIVATE ENTITY THAT13
	500	+	OPERATES A PUBLIC SAFETY RADIO SYSTEM SHALL COLLABORATE IN THE14
	501	+	DEVELOPMENT AND, AS NECESSARY, PERIODIC REVISION OF THE TACTICAL15
	502	+	AND LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OF THE REGION16
	503	+	IN WHICH IT IS LOCATED. SUCH TACTICAL PLANS, AND REVISIONS THERETO,17
	504	+	SHALL BE SUBMITTED TO THE DIRECTOR OF THE OFFICE .18
	505	+	(c) A
	506	+	REGION THAT FAILS TO TIMELY SUBMIT A TACTICAL AND19
	507	+	LONG-TERM INTEROPERABLE COMMUNICATIONS PLAN OR REVISIONS20
	508	+	THERETO, OR A LOCAL GOVERNMENT AGENCY THAT FAILS TO21
	509	+	COLLABORATE IN THE DEVELOPMENT OF OR TIMELY SUBMIT THE PLAN , OR22
	510	+	A REGION OR LOCAL GOVERNMENT AGENCY THAT FAILS TO MAINTAIN23
	511	+	CURRENT PLANS, IS INELIGIBLE TO RECEIVE HOMELAND SECURITY OR24
	512	+	PUBLIC SAFETY GRANT MONEY ADMINISTERED BY THE DEPARTMENT OF25
	513	+	LOCAL AFFAIRS, DEPARTMENT OF PUBLIC SAFETY , OR DEPARTMENT OF26
	514	+	PUBLIC HEALTH AND ENVIRONMENT UNTIL THE REGION SUBMITS A PLAN TO27
	515	+	1353
	516	+	-15- THE DIRECTOR OF THE OFFICE.1
	517	+	(2) A
	518	+	PUBLIC SAFETY AGENCY SHALL NOT EXPEND MONEY2
	519	+	RECEIVED THROUGH THE DEPARTMENT ON A MOBILE DATA3
	520	+	COMMUNICATIONS SYSTEM UNLESS THE SYSTEM IS CAPABLE OF4
	521	+	INTEROPERABLE COMMUNICATIONS .5
	522	+	(3) T
	523	+	HE EXECUTIVE DIRECTOR SHALL NOT REQUIRE A PUBLIC6
	524	+	SAFETY AGENCY TO ACQUIRE THE COMMUNICATIONS EQUIPMENT OF A7
	525	+	PARTICULAR MANUFACTURER OR PROVIDER AS A C ONDITION OF AWARDING8
	526	+	GRANT MONEY ADMINISTERED BY THE DEPARTMENT .9
	527	+	(4) A
	528	+	PUBLIC SAFETY AGENCY OR AN EMPLOYEE OF A PUBLIC10
	529	+	SAFETY AGENCY ACTING IN COLLABORATION WITH ANOTHER AGENCY OR11
	530	+	PERSON TO CREATE AND OPERATE AN INTEROPERABLE COMMUNICATIONS12
	531	+	SYSTEM HAS THE SAME DEGREE OF IMMUNITY UNDER THE "COLORADO13
	532	+	G
	533	+	OVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, AS THE14
	534	+	PUBLIC SAFETY AGENCY OR EMPLOYEE WOULD HAVE IF NOT ACTING IN15
	535	+	COLLABORATION WITH ANOTHER AGENCY OR PERSON .16
	536	+	24-33.5-2510. Public safety communications trust fund -17
	537	+	creation - report. (1) T
	538	+	HE PUBLIC SAFETY COMMUNICATIONS TRUST18
	539	+	FUND, REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED19
	540	+	IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED20
	541	+	OR TRANSFERRED TO THE FUND PURSUANT TO SUBSECTIONS (2) AND (3) OF21
	542	+	THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY22
	543	+	APPROPRIATE OR TRANSFER TO THE FUND . THE MONEY IN THE FUND IS23
	544	+	CONTINUOUSLY APPROPRIATED BY THE GENERAL ASSEMBLY TO THE24
	545	+	DEPARTMENT FOR DISTRIBUTION AS DETERMINED BY RULES ADOPTED25
	546	+	PURSUANT TO SECTION 24-33.5-2505 (1)(i). THE PRIMARY PURPOSE OF26
	547	+	SUCH DISTRIBUTION IS THE ACQUISITION AND MAINTENANCE OF PUBLIC27
	548	+	1353
	549	+	-16- SAFETY COMMUNICATIONS SYSTEMS FOR USE BY DEPARTMENTS1
	550	+	INCLUDING BUT NOT LIMITED TO THE DEPARTMENTS OF PUBLIC SAFETY ,2
	551	+	TRANSPORTATION, NATURAL RESOURCES, AND CORRECTIONS AS PROVIDED3
	552	+	IN SECTION 24-33.5-2505 (3)(b). SUCH SYSTEMS SHALL SATISFY THE4
	553	+	REQUIREMENTS OF THE PUBLIC SAFETY NATIONAL PLAN ESTABLISHED BY5
	554	+	THE FEDERAL COMMUNICATIONS COMMISSION , 47 CFR 90.16. THIS6
	555	+	SECTION SHALL NOT PRECLUDE THE PAYMENT OF MAINTENANCE EXPENSES7
	556	+	INCLUDING THE COST OF LEASED OR RENTED EQUIPMENT , PAYMENTS TO8
	557	+	LOCAL GOVERNMENTAL ENTITIES FOR RADIO COMMUNICATIONS SYSTEMS ,9
	558	+	OR PAYMENTS RELATED TO PUBLIC SAFETY RADIO SYSTEMS .10
	559	+	(2) (a) (I) T
	560	+	HE GENERAL ASSEMBLY DECLARES ITS INTENTION TO11
	561	+	COMMIT STATE MONEY TO THE FUND FOR THE PURPOSES SET FORTH IN THIS12
	562	+	SECTION. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS13
	563	+	SECTION, THE TOTAL AMOUNT OF THE PRINCIPAL IN THE FUND SHALL NOT14
	564	+	EXCEED FIFTY MILLION DOLLARS.15
	565	+	(II) A
	566	+	NY TRANSFER OF STATE MONEY TO THE FUND FOR ANY16
	567	+	FISCAL YEAR FROM MONEY IN THE CAPITAL CONSTRUCTION FUND CREATED17
	568	+	IN SECTION 24-75-302 IS CONTINUOUSLY APPROPRIATED FROM THE FUND18
	569	+	TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION . ANY19
	570	+	MONEY IN THE FUND SO APPROPRIATED THAT WAS INITIALLY TRANSFERRED20
	571	+	FROM MONEY IN THE CAPITAL CONSTRUCTION FUND SHALL , IF ANY21
	572	+	PROJECT FOR WHICH SUCH MONEY IS APPROPRIATED IS INITIATED WITHIN22
	573	+	THE FISCAL YEAR, REMAIN AVAILABLE UNTIL COMPLETION OF THE23
	574	+	PROJECT, AT WHICH TIME THE UNEXPENDED AND UNENCUMBERED24
	575	+	BALANCES OF SUCH APPROPRIATION SHALL REVERT TO THE FUND .25
	576	+	(b) I
	577	+	N ADDITION TO ANY TRANSFERS MADE AS A RESULT OF26
	578	+	SUBSECTION (2)(a) OF THIS SECTION, THE DEPARTMENT MAY SOLICIT AND27
	579	+	1353
	580	+	-17- ACCEPT GIFTS, GRANTS, DONATIONS, BEQUESTS, AND OTHER1
	581	+	CONTRIBUTIONS TO THE FUND FROM LOCAL , STATE, AND FEDERAL ENTITIES2
	582	+	AND FROM PUBLIC SAFETY-RELATED NONPROFIT ORGANIZATIONS THAT3
	583	+	DIRECTLY SUPPORT STATE DEPARTMENTS , STATE INSTITUTIONS, STATE4
	584	+	AGENCIES, AND LAW ENFORCEMENT AND PUBLIC SAFETY POLITICAL5
	585	+	SUBDIVISIONS OF THE STATE . SUCH CONTRIBUTIONS SHALL BE6
	586	+	TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT THE7
	587	+	CONTRIBUTIONS TO THE FUND.8
	588	+	(3) (a) (I) FOR THE 2023-24 AND 2024-25 STATE FISCAL YEARS,9
	589	+	THE GENERAL ASSEMBLY SHALL TRANSFER TO THE FUND A TOTAL OF10
	590	+	THREE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL11
	591	+	FUND OR FROM ANY OTHER FUND . FOR EACH SUCH FISCAL YEAR , THE12
	592	+	GENERAL ASSEMBLY SHALL DETERMINE THE AM OUNT TO BE TRANSFERRED13
	593	+	FROM THE GENERAL FUND AND THE AM OUNT TO BE TRANSFERRED FROM14
	594	+	ANY OTHER FUND . THE DEPARTMENT SHALL USE THE MONEY15
	595	+	TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION (3)(a)(I) FOR16
	596	+	THE REPLACEMENT OF LEGACY RADIO EQUIPMENT AND HARDWARE AT17
	597	+	RADIO TOWER SITES.18
	598	+	(II) FOR THE 2023-24 AND 2024-25 STATE FISCAL YEARS, IN19
	599	+	ADDITION TO THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO20
	600	+	SUBSECTION (3)(a)(I) OF THIS SECTION, THE GENERAL ASSEMBLY SHALL21
	601	+	TRANSFER TO THE FUND THREE MILLION SEVEN HUNDRED THOUSAND22
	602	+	DOLLARS FROM THE GENERAL FUND OR FROM ANY OTHER FUND . FOR EACH23
	603	+	SUCH FISCAL YEAR, THE GENERAL ASSEMBLY SHALL DETERMINE THE24
	604	+	AMOUNT TO BE APPROPRIATED FROM THE GENERAL FUND AND THE25
	605	+	AMOUNT TO BE APPROPRIATED FROM ANY OTHER FUND . THE DEPARTMENT26
	606	+	SHALL USE THE MONEY APPROPRIATED TO THE FUND PURSUANT TO THIS27
	607	+	1353
	608	+	-18- SUBSECTION (3)(a)(II) FOR SOFTWARE UPGRADE ASSURANCE .1
	609	+	(III) T
	610	+	HE DEPARTMENT MAY USE ANY UNENCUMBERED AND2
	611	+	UNEXPENDED MONEY TRANSFERRED PURSUANT TO SUBSECTIONS (3)(a)(I)3
	612	+	AND (3)(a)(II) OF THIS SECTION ON DIGITAL TRUNKED RADIO SYSTEM SITE4
	613	+	SUPPORTING INFRASTRUCTURE AND DIGITAL TRUNKED RADIO SYSTEM5
	614	+	SUPPORTING SOFTWARE AND HARDWARE .6
	615	+	(b) O
	616	+	N OR BEFORE NOVEMBER 1,
	617	+	2023, AND ON OR BEFORE7
	618	+	N
	619	+	OVEMBER 1 OF EACH YEAR THEREAFTER THROUGH NOVEMBER 1, 2025,8
	620	+	THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF9
	621	+	CORRECTIONS, THE DEPARTMENT OF NATURAL RESOURCES , THE10
	622	+	DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE DEPARTMENT11
	623	+	OR LOCAL OR REGIONAL GOVERNMENT DEEMED APPROPRIATE BY THE12
	624	+	DEPARTMENT, SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE13
	625	+	OF THE GENERAL ASSEMBLY DETAILING THE USE OF THE MONEY14
	626	+	APPROPRIATED TO THE FUND PURSUANT TO SUBSECTION (3)(a) OF THIS15
	627	+	SECTION. THE REPORT MUST INCLUDE THE FOLLOWING :16
	628	+	(I) C
	629	+	OMPREHENSIVE DOCUMENTATION REGARDING THE PURPOSES17
	630	+	FOR WHICH THE MONEY TRANSFERRED PURSUANT TO SUBSECTION (3)(a)18
	631	+	OF THIS SECTION WAS USED DURING THE PRIOR FISCAL YEAR AND IS BEING19
	632	+	USED DURING THE CURRENT FISCAL YEAR AND THE ANTICIPATED USE OF20
	633	+	THE MONEY THAT WILL BE TRANSFERRED IN FUTURE FISCAL YEARS ;21
	634	+	(II) O
	635	+	F THE TOTAL AMOUNT EXPENDED DURING THE PRIOR FISCAL22
	636	+	YEAR FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS (3)(a)(I) AND23
	637	+	(3)(a)(II)
	638	+	OF THIS SECTION, THE AMOUNT THAT WAS TRANSFERRED FROM24
	639	+	THE GENERAL FUND AND THE AM OUNT THAT WAS TRANSFERRED FROM25
	640	+	ANY OTHER FUND; AND26
	641	+	(III) F
	642	+	OR THE TRANSFER OR TRANSFERS FOR THE NEXT FISCAL27
	643	+	1353
	644	+	-19- YEAR, A RECOMMENDATION REGARDING THE AMOUNT TO BE TRANSFERRED1
	645	+	FROM THE GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM2
	646	+	ANY OTHER FUND FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS3
	647	+	(3)(a)(I)
	648	+	AND (3)(a)(II) OF THIS SECTION.4
	649	+	(4) T
	650	+	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND5
	651	+	INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE6
	652	+	FUND TO THE FUND.7
	653	+	(5) I
	654	+	N AUTHORIZING DISTRIBUTIONS OF PRINCIPAL AND INTEREST8
	655	+	FROM THE FUND AND PURCHASING , LEASING, CONTRACTING FOR, AND9
	656	+	OTHERWISE ACQUIRING EQUIPMENT FOR STATE ENTITIES , THE DIRECTOR OF10
	657	+	THE DIVISION SHALL CONSIDER THE FOLLOWING :11
	658	+	(a) T
	659	+	HE NEED FOR ACHIEVING FUNCTIONAL INTEROPERABILITY12
	660	+	AMONG LOCAL , STATE, AND FEDERAL PUBLIC SAFETY RADIO13
	661	+	COMMUNICATIONS SYSTEMS BY ACQUIRING EQUIPMENT THAT MEETS14
	662	+	EMERGING TECHNICAL STANDARDS FOR SYSTEMS INTEROPERABILITY AND15
	663	+	OPEN NETWORK ARCHITECTURE ;16
	664	+	(b) T
	665	+	HE NEEDS OF LOCAL GOVERNMENT ENTITIES THAT HAVE17
	666	+	RECENTLY INVESTED IN NEW RADIO SYSTEMS , PARTICULARLY IN REGARD18
	667	+	TO INTEROPERABILITY; AND19
	668	+	(c) T
	669	+	HE PROMOTION OF AN ORDERLY TRANSITION FROM20
	670	+	ANALOG-BASED TO DIGITAL-BASED RADIO SYSTEMS.21
	671	+	(6) I
	672	+	N ACQUIRING EQUIPMENT PURSUANT TO SUBSECTION (5) OF22
	673	+	THIS SECTION, THE DIRECTOR OF THE DIVISION SHALL DEVELOP BID23
	674	+	SPECIFICATIONS THAT IDENTIFY ALL SERVICES, REQUIREMENTS, AND COSTS24
	675	+	CONSISTENT WITH EXISTING STATE LAW .25
	676	+	(7) (a) T
	677	+	HE DIRECTOR OF THE DIVISION SHALL KEEP AN ACCURATE26
	678	+	ACCOUNT OF ALL ACTIVITIES RELATED TO THE FUND INCLUDING ITS27
	679	+	1353
	680	+	-20- RECEIPTS AND EXPENDITURES AND SHALL ANNUALLY REPORT IN WRITING1
	681	+	SUCH ACCOUNT TO THE JOINT BUDGET COMMITTEE , CREATED IN SECTION2
	682	+	2-3-201.
	683	+	THE STATE AUDITOR MAY INVESTIGATE THE AFFAIRS OF THE3
	684	+	FUND, SEVERALLY EXAMINE THE PROPERTIES AND RECORDS RELATING TO4
	685	+	THE FUND, AND PRESCRIBE ACCOUNTING METHODS AND PROCEDURES FOR5
	686	+	RENDERING PERIODICAL REPORTS IN RELATION TO DISBURSEMENTS AND6
	687	+	PURCHASES MADE FROM THE FUND .7
	688	+	(b) N
	689	+	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1368
	690	+	(11)(a)(I),
	691	+	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN9
	692	+	SUBSECTION (7)(a) OF THIS SECTION CONTINUES INDEFINITELY.10
	693	+	(8) I
	694	+	N THE EXPENDITURE OF ANY MONEY FROM THE FUND FOR THE11
	695	+	ACQUISITION, MAINTENANCE, OR LEASE OF ANY PUBLIC SAFETY RADIO12
	696	+	COMMUNICATIONS SYSTEMS EQUIPMENT OR ANY OTHER COMMUNICATIONS13
	697	+	DEVICES OR EQUIPMENT, THE DIRECTOR OF THE DIVISION SHALL ENSURE14
	698	+	THAT SUCH EXPENDITURES ARE MADE PURSUANT TO THE REQUIREMENTS15
	699	+	SET FORTH UNDER THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF16
	700	+	THIS TITLE 24.17
	701	+	SECTION 4. In Colorado Revised Statutes, 24-37.5-501, add (3)18
	702	+	as follows:19
	703	+	24-37.5-501. Powers, duties, and functions concerning20
	704	+	telecommunications. (3) THE CHIEF INFORMATION OFFICER SHALL BEGIN21
	705	+	THE TRANSFER OF THE PUBLIC SAFETY TELECOMMUNICATIONS PROGRAM22
	706	+	TO THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO HOUSE BILL23
	707	+	22-1353 ON JULY 1, 2022.24
	708	+	SECTION 5. In Colorado Revised Statutes, 2-3-1304, amend25
	709	+	(1)(f) as follows:26
	710	+	2-3-1304. Powers and duties of capital development committee27
	711	+	1353
	712	+	-21- - definition. (1) The capital development committee has the following1
	713	+	powers and duties:2
	714	+	(f) To review the annual capital construction and maintenance3
	715	+	requests from the chief information officer of the office of information4
	716	+	technology regarding the public safety communications trust fund created5
	717	+	pursuant to section 24-37.5-506, C.R.S. SECTION 24-33.5-2510;6
	718	+	SECTION 6. In Colorado Revised Statutes, 24-1-128.6, amend7
	719	+	(2)(h)(II)(B) and (2)(h)(II)(C); and add (2)(h)(II)(D) as follows:8
	720	+	24-1-128.6. Department of public safety - creation - repeal.9
	721	+	(2) The department of public safety consists of the following divisions:10
	722	+	(h) (II) The division of homeland security and emergency11
	723	+	management includes the following agencies, which shall exercise their12
	724	+	powers and perform their duties and functions under the department of13
	725	+	public safety as if the same were transferred thereto by a type 2 transfer:14
	726	+	(B) T
	727	+	HE office of prevention and security, created in section15
	728	+	24-33.5-1606; and
	729	+	16
	730	+	(C) The office of preparedness, created in section 24-33.5-1606.5;17
	731	+	AND18
	732	+	(D) T
	733	+	HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS CREATED IN19
	734	+	SECTION 24-33.5-2502.20
102	735		SECTION
103		-	, AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
104		-	TRANSFER TO THE FUND
105		-	.
106		-	(b) T
107		-	HE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE
108		-	FUND EACH FISCAL YEAR IN THE ANNUAL GENERAL APPROPRIATION ACT FOR
109		-	THE DIRECT AND INDIRECT COSTS OF THE OFFICE
110		-	.
111		-	(c) T
112		-	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
113		-	DERIVED FROM THE DEPOSIT OR INVESTMENT OF MONEY IN THE FUND TO THE
114		-	FUND
115		-	.
116		-	(d) T
117		-	HE STATE TREASURER SHALL CREDIT ANY UNEXPENDED AND
118		-	UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A FISCAL
119		-	YEAR TO THE FUND
120		-	.
121		-	PAGE 3-HOUSE BILL 22-1353 (e) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
122		-	OFFICE TO PAY THE DIRECT AND INDIRECT COSTS
123		-	, INCLUDING PERSONAL
124		-	SERVICES AND OPERATING COSTS
125		-	, ASSOCIATED WITH ADMINISTERING PUBLIC
126		-	SAFETY COMMUNICATIONS
127		-	.
128		-	(3) T
129		-	HE OFFICE SHALL DEVELOP A METHOD FOR BILLING USERS OF
130		-	THE OFFICE
131		-	'S SERVICES THE FULL COST OF THE SERVICES , INCLUDING
132		-	MATERIALS
133		-	, DEPRECIATION RELATED TO CAPITAL COSTS , LABOR, AND
134		-	ADMINISTRATIVE OVERHEAD
135		-	. THE BILLING METHOD SHALL BE FULLY
136		-	IMPLEMENTED FOR ALL USERS OF THE OFFICE
137		-	'S SERVICES ON OR BEFORE JULY
138		-	1, 2023. REVENUE GENERATED FROM SUCH BILLING SHALL BE CREDITED TO
139		-	THE FUND
140		-	.
141		-	(4) (a) T
142		-	HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
143		-	DONATIONS, AND BEQUESTS FROM PRIVATE OR PUBLIC SOURCES FOR THE
144		-	DIRECT AND INDIRECT COSTS
145		-	, INCLUDING PERSONAL SERVICES AND
146		-	OPERATING COSTS
147		-	, ASSOCIATED WITH ADMINISTERING PUBLIC SAFETY
148		-	COMMUNICATIONS
149		-	. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED
150		-	THROUGH GIFTS
151		-	, GRANTS, DONATIONS, OR BEQUESTS FOR SUCH PURPOSES TO
152		-	THE STATE TREASURER
153		-	, WHO SHALL CREDIT THE MONEY TO THE FUND .
154		-	(b) T
155		-	HE OFFICE MAY CONTRACT WITH THE UNITED STATES AND ANY
156		-	OTHER LEGAL ENTITIES WITH RESPECT TO MONEY AVAILABLE TO THE OFFICE
157		-	THROUGH GIFTS
158		-	, GRANTS, DONATIONS, OR BEQUESTS.
159		-	24-33.5-2503. Transfer of functions - continuity of existence -
160		-	rules. (1) O
161		-	N JULY 1, 2023, THE POWERS, DUTIES, AND FUNCTIONS OF THE
162		-	OFFICE OF INFORMATION TECHNOLOGY IN CONNECTION WITH PUBLIC SAFETY
163		-	TELECOMMUNICATIONS COORDINATION WITHIN STATE GOVERNMENT
164		-	PURSUANT TO THE FORMER PART
165		-	5 OF ARTICLE 37.5 OF THIS TITLE 24,
166		-	REFERRED TO IN THIS PART 25 AS "PUBLIC SAFETY COMMUNICATIONS ", ARE
167		-	TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION
168		-	PURSUANT TO THIS SECTION
169		-	.
170		-	(2) (a) O
171		-	N AND AFTER JULY 1, 2023, THE OFFICERS AND EMPLOYEES
172		-	OF THE OFFICE OF INFORMATION TECHNOLOGY WHOSE POWERS
173		-	, DUTIES, AND
174		-	FUNCTIONS CONCERN THE POWERS
175		-	, DUTIES, AND FUNCTIONS TRANSFERRED
176		-	TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURSUANT TO
177		-	SUBSECTION
178		-	(1) OF THIS SECTION AND WHOSE EMPLOYMENT IN THE DIVISION
179		-	IS DEEMED NECESSARY BY THE DIRECTOR OF THE DIVISION TO CARRY OUT
180		-	PAGE 4-HOUSE BILL 22-1353 THE PURPOSES OF THIS PART 25 SHALL BE TRANSFERRED TO THE DIVISION
181		-	AND BECOME EMPLOYEES THEREOF
182		-	.
183		-	(b) A
184		-	NY EMPLOYEES WHO ARE TRANSFERRED TO THE DEPARTMENT
185		-	PURSUANT TO THIS SUBSECTION
186		-	(2) AND WHO ARE CLASSIFIED EMPLOYEES
187		-	IN THE STATE PERSONNEL SYSTEM SHALL RETAIN ALL RIGHTS TO THE
188		-	PERSONNEL SYSTEM AND RETIREMENT BENEFITS PURSUANT TO THE LAWS OF
189		-	THE STATE
190		-	, AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN
191		-	CONTINUOUS
192		-	. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN THE
193		-	STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN ACCOR DANCE
194		-	WITH STATE PERSONNEL SYSTEM LAWS AND REGULATIONS
195		-	.
196		-	(3) O
197		-	N OR BEFORE JULY 1, 2023, ALL ITEMS OF PROPERTY, REAL AND
198		-	PERSONAL
199		-	, INCLUDING OFFICE FURNITURE AND FIXTURES , BOOKS,
200		-	DOCUMENTS, AND RECORDS OF THE OFFICE OF INFORMATION TECHNOLOGY
201		-	PRIOR TO SAID DATE PERTAINING TO THE POWERS
202		-	, DUTIES, AND FUNCTIONS
203		-	TRANSFERRED TO THE DEPARTMENT AND ALLOCATED TO THE DIVISION
204		-	PURSUANT TO THIS SECTION
205		-	, ARE TRANSFERRED TO AND BECOME THE
206		-	PROPERTY OF THE DIVISION
207		-	.
208		-	(4) W
209		-	HENEVER THE OFFICE OF INFORMATION TECHNOLOGY IS
210		-	REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN
211		-	CONNECTION WITH THE POWERS
212		-	, DUTIES, AND FUNCTIONS TRANSFERRED TO
213		-	THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURSUANT TO THIS
	736	+	7. In Colorado Revised Statutes, 24-33.5-1603, add21
	737	+	(2)(d) as follows:22
	738	+	24-33.5-1603. Division of homeland security and emergency23
	739	+	management - creation - director. (2) The division includes the24
	740	+	following agencies, which shall exercise their powers and perform their25
	741	+	duties and functions under the department as if the same were transferred26
	742	+	thereto by a type 2 transfer:27
	743	+	1353
	744	+	-22- (d) THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS , CREATED IN1
	745	+	PART 25 OF THIS ARTICLE 33.5.2
	746	+	SECTION 8. In Colorado Revised Statutes, 30-11-107, repeal3
	747	+	(1)(x) as follows:4
	748	+	30-11-107. Powers of the board. (1) The board of county5
	749	+	commissioners of each county has power at any meeting:6
	750	+	(x) To enter into a contract with the state telecommunications7
	751	+	director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for8
	752	+	the providing of teleconferencing facilities and services between the9
	753	+	county and any other county, city and county, or state agency to be used10
	754	+	for teleconferencing of hearings relating to any person in the custody of11
	755	+	the county;12
	756	+	SECTION 9. In Colorado Revised Statutes, repeal 30-11-208 as13
	757	+	follows:14
	758	+	30-11-208. Contract - teleconferencing facilities and services.15
	759	+	The city and county of Denver may enter into a contract with the state16
	760	+	telecommunications director pursuant to the provisions of section17
	761	+	24-37.5-503, C.R.S., for the providing of teleconferencing facilities and18
	762	+	services between the city and county of Denver and any other county or19
	763	+	state agency to be used for teleconferencing of hearings relating to any20
	764	+	person in the custody of the city and county of Denver.21
	765	+	SECTION 10. In Colorado Revised Statutes, 43-1-1202, amend22
	766	+	(1)(a)(IV)(B) as follows:23
	767	+	43-1-1202. Department powers - definition.24
	768	+	(1) Notwithstanding any other law, the department may:25
	769	+	(a) Solicit and consider proposals, enter into agreements, grant26
	770	+	benefits, and accept contributions for public-private initiatives pursuant27
	771	+	1353
	772	+	-23- to this part 12 concerning any of the following:1
	773	+	(IV) (B) For purposes of this subsection (1)(a)(IV),2
	774	+	"telecommunications" does not mean the state telecommunications3
	775	+	network described in part 5 of article 37.5 of title 24 PART 25 OF ARTICLE4
	776	+	33.5
	777	+	OF TITLE 24.5
214	778		SECTION
215		-	, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY TO
216		-	THE DIVISION
217		-	. ALL CONTRACTS ENTERED INTO BY THE OFFICE OF
218		-	INFORMATION TECHNOLOGY PRIOR TO
219		-	JULY 1, 2023, IN CONNECTION WITH
220		-	THE POWERS
221		-	, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT
222		-	AND ALLOCATED TO THE DIVISION PURSUANT TO THIS SECTION ARE HEREBY
223		-	VALIDATED
224		-	, WITH THE DIVISION CREATED BY SECTION 24-33.5-1603
225		-	SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH CONTRACTS .
226		-	A
227		-	NY APPROPRIATIONS OF MONEY FROM PRIOR FISCAL YEARS OPEN TO
228		-	SATISFY OBLIGATIONS INCURRED PURSUANT TO SUCH CONTRACTS ARE
229		-	HEREBY TRANSFERRED AND APPROPRIATED TO THE DIVISION FOR THE
230		-	PAYMENT OF SUCH OBLIGATIONS
231		-	.
232		-	(5) A
233		-	LL POLICIES OF THE OFFICE OF INFORMATION TECHNOLOGY IN
234		-	CONNECTION WITH THE POWERS
235		-	, DUTIES, AND FUNCTIONS TRANSFERRED TO
236		-	THE DEPARTMENT AND ALLOCATED TO THE DIVISION PURSUANT TO THIS
237		-	SECTION SHALL CONTINUE TO BE EFFECTIVE UNTIL REVISED
238		-	, AMENDED,
239		-	PAGE 5-HOUSE BILL 22-1353 REPEALED, OR NULLIFIED PURSUANT TO LAW. ON OR AFTER JULY 1, 2023,
240		-	THE DIRECTOR OF THE DIVISION SHALL ADOPT RULES NECESSARY FOR THE
241		-	ADMINISTRATION OF SUCH POWERS
242		-	, DUTIES, AND FUNCTIONS.
243		-	24-33.5-2504. Public safety communications network. (1) T
244		-	O
245		-	MORE EFFICIENTLY SUPPORT THE EFFORTS OF STATE DEPARTMENTS
246		-	, STATE
247		-	INSTITUTIONS
248		-	, STATE AGENCIES, LAW ENFORCEMENT AGENCIES , AND ANY
249		-	PUBLIC SAFETY POLITICAL SUBDIVISIONS
250		-	, AND TO BETTER SERVE THE PUBLIC,
251		-	A STATE PUBLIC SAFETY COMMUNICATIONS NETWORK IS ESTABLISHED , THE
252		-	CONSTRUCTION
253		-	, MAINTENANCE, SECURITY, AND MANAGEMENT OF WHICH IS
254		-	UNDER THE SUPERVISION OF THE DIRECTOR OF THE OFFICE
255		-	.
256		-	(2) T
257		-	HE DIRECTOR OF THE DIVISION SHALL APPOINT ASSISTANTS ,
258		-	CLERICAL STAFF, AND OTHER PERSONNEL AS MAY BE NECESSARY TO
259		-	DISCHARGE THE DUTIES AND RESPONSIBILITIES SET FORTH BY THIS PART
260		-	25.
261		-	24-33.5-2505. Office of public safety communications - director
262		-	- duties and responsibilities - rules. (1) T
263		-	HE DIRECTOR OF THE OFFICE
264		-	SHALL PERFORM THE FOLLOWING FUNCTIONS CONCERNING PUBLIC SAFETY
265		-	COMMUNICATIONS
266		-	:
267		-	(a) I
268		-	N CONSULTATION WITH LOCAL , STATE, AND FEDERAL
269		-	DEPARTMENTS
270		-	, INSTITUTIONS , AND AGENCIES , FORMULATE
271		-	RECOMMENDATIONS FOR A CURRENT AND LONG
272		-	-RANGE PUBLIC SAFETY
273		-	COMMUNICATIONS PLAN
274		-	, INVOLVING PUBLIC SAFETY RADIO
275		-	COMMUNICATIONS SYSTEMS AND THEIR INTEGRATION INTO APPLICABLE
276		-	PUBLIC SAFETY COMMUNICATIONS NETWORKS FOR APPROVAL OF THE
277		-	GOVERNOR
278		-	;
279		-	(b) A
280		-	DMINISTER THE APPROVED CURRENT AND LONG -RANGE PLAN
281		-	FOR PUBLIC SAFETY COMMUNICATIONS AND EXERCISE SUPERVISION OVER
282		-	ALL STATE
283		-	-OWNED PUBLIC SAFETY COMMUNICATIONS NETWORKS , SYSTEMS,
284		-	AND PUBLIC SAFETY WIRELESS BROADBAND AND MICROWAVE FACILITIES ;
285		-	(c) R
286		-	EVIEW ALL EXISTING AND FUTURE STATE -OWNED PUBLIC
287		-	SAFETY COMMUNICATIONS APPLICATIONS
288		-	, PLANNING, NETWORKS, SYSTEMS,
289		-	PROGRAMS, EQUIPMENT, AND FACILITIES AND ESTABLISH PRIORITIES FOR
290		-	THOSE THAT ARE NECESSARY AND DESIRABLE TO ACCOMPLISH THE PURPOSES
291		-	OF THIS PART
292		-	25;
293		-	PAGE 6-HOUSE BILL 22-1353 (d) APPROVE OR DISAPPROVE THE ACQUISITION OF PUBLIC SAFETY
294		-	COMMUNICATIONS EQUIPMENT BY ANY STATE DEPARTMENT
295		-	, INSTITUTION,
296		-	OR AGENCY;
297		-	(e) E
298		-	STABLISH AND ENFORCE PUBLIC SAFETY COMMUNICATIONS
299		-	POLICIES
300		-	, PROCEDURES, STANDARDS, AND RECORDS FOR MANAGEMENT OF
301		-	PUBLIC SAFETY COMMUNICATIONS NETWORKS AND FACILITIES FOR ALL
302		-	STATE DEPARTMENTS
303		-	, INSTITUTIONS, AND AGENCIES;
304		-	(f) C
305		-	ONTINUALLY REVIEW, ASSESS, AND ENSURE COMPLIANCE WITH
306		-	FEDERAL AND STATE PUBLIC SAFETY COMMUNICATIONS REGULATIONS
307		-	PERTAINING TO THE NEEDS AND FUNCTIONS OF STATE DEPARTMENTS
308		-	,
309		-	INSTITUTIONS, AND AGENCIES;
310		-	(g) A
311		-	DVISE THE GOVERNOR AND GENERAL ASSEMBLY ON PUBLIC
312		-	SAFETY COMMUNICATIONS MATTERS
313		-	;
314		-	(h) A
315		-	DMINISTER THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND
316		-	CREATED IN SECTION
317		-	24-33.5-2510; AND
318		-	(i) ADOPT RULES REGARDING DISTRIBUTIONS OF PUBLIC SAFETY
319		-	COMMUNICATIONS TRUST FUND MONEY TO AND REPAYMENT OF SUCH MONEY
320		-	BY STATE AND LOCAL GOVERNMENTS
321		-	.
322		-	(2) T
323		-	HE DIRECTOR OF THE OFFICE MAY ENTER INTO CONTRACTS WITH
324		-	ANY COUNTY
325		-	, CITY AND COUNTY, STATE AGENCY, SCHOOL DISTRICT, OR
326		-	BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND MAY ACT AS A PUBLIC
327		-	SAFETY COMMUNICATIONS NETWORK PROVIDER BETWEEN OR AMONG TWO
328		-	OR MORE COUNTIES OR STATE AGENCIES FOR THE PURPOSE OF PROVIDING
329		-	PUBLIC SAFETY RADIO COMMUNICATIONS BETWEEN OR AMONG SUCH
330		-	ENTITIES
331		-	, INCLUDING THE JUDICIAL SYSTEM OF ANY COUNTY , THE
332		-	DEPARTMENT OF CORRECTIONS
333		-	, AND THE DEPARTMENT OF HUMAN SERVICES
334		-	AND ANY OF THEIR FACILITIES
335		-	. TO ENSURE THE AVAILABILITY OF SUCH
336		-	NETWORK THROUGHOUT THE VARIOUS STATE AGENCIES
337		-	, SCHOOL DISTRICTS,
338		-	BOARDS OF COOPERATIVE EDUCATIONAL SERVICES , AND COUNTIES, THE
339		-	DIRECTOR OF THE OFFICE SHALL DEVELOP A UNIFORM SET OF STANDARDS
340		-	AND POLICIES FOR FACILITIES TO BE USED BY THE CONTRACTING ENTITIES
341		-	.
342		-	(3) T
343		-	HE DIRECTOR OF THE OFFICE SHALL:
344		-	PAGE 7-HOUSE BILL 22-1353 (a) IN CONSULTATION WITH RECOGNIZED PUBLIC SAFETY RADIO
345		-	COMMUNICATION STANDARDS GROUPS AND APPROPRIATE AFFECTED PUBLIC
346		-	AGENCIES
347		-	, ADOPT RECOMMENDED STANDARDS FOR THE REPLACEMENT OF
348		-	ANALOG
349		-	-BASED RADIO EQUIPMENT WITH DIGITAL-BASED RADIO EQUIPMENT
350		-	FOR PURPOSES OF DISPATCHING AND RELATED FUNCTIONS WITHIN THE
351		-	DEPARTMENT OF PUBLIC SAFETY
352		-	; AND
353		-	(b) FOR PURPOSES OF SERVING THE RADIO COMMUNICATIONS NEEDS
354		-	OF STATE DEPARTMENTS
355		-	, INCLUDING BUT NOT LIMITED TO THE
356		-	DEPARTMENTS OF PUBLIC SAFETY
357		-	, TRANSPORTATION, NATURAL RESOURCES,
358		-	AND CORRECTIONS, ADOPT STANDARDS AND POLICIES AND SET A
359		-	RECOMMENDED TIMETABLE FOR THE REPLACEMENT OF EXISTING RADIO
360		-	PUBLIC SAFETY COMMUNICATIONS EQUIPMENT WITH A SYSTEM THAT
361		-	SATISFIES THE REQUIREMENTS OF THE FEDERAL COMMUNICATIONS
362		-	COMMISSION PUBLIC SAFETY NATIONAL PLAN
363		-	.
364		-	(4) (a) T
365		-	HE DIRECTOR OF THE DIVISION IS AUTHORIZED, SUBJECT TO
366		-	THE BUDGET REQUEST REQUIREMENTS SET FORTH IN SECTIONS
367		-	2-3-208 AND
368		-	24-37-304 (1)(c.3) AND SUBJECT TO APPROPRIATION BY THE GENERAL
369		-	ASSEMBLY
370		-	, TO PURCHASE OR LEASE ANY REAL ESTATE , BUILDINGS, AND
371		-	PROPERTY NECESSARY FOR THE OPERATION OR DEVELOPMENT OF THE PUBLIC
372		-	SAFETY COMMUNICATIONS NETWORK
373		-	; TO USE ANY AVAILABLE FACILITIES
374		-	AND PUBLIC SAFETY COMMUNICATIONS EQUIPMENT OF ANY STATE AGENCY
375		-	OR INSTITUTION
376		-	; AND, IF NECESSARY, TO PROVIDE FOR THE CONSTRUCTION
377		-	OF THE NETWORK
378		-	.
379		-	(b) T
380		-	HE FACILITIES OF THE NETWORK MAY BE MADE AVAILABLE
381		-	WITHIN AVAILABLE RESOURCES AND WITHOUT ANY NEGATIVE IMPACT TO
382		-	THE EXISTING NETWORK FOR THE USE OF
383		-	:
384		-	(I) S
385		-	TATE DEPARTMENTS, STATE INSTITUTIONS, STATE AGENCIES,
386		-	LAW ENFORCEMENT AGENCIES , AND ANY PUBLIC SAFETY POLITICAL
387		-	SUBDIVISIONS OF THE STATE
388		-	;
389		-	(II) O
390		-	THER LOCAL, STATE, AND FEDERAL GOVERNMENTAL ENTITIES
391		-	OR PUBLIC SAFETY
392		-	-RELATED NONPROFIT ORGANIZATIONS THAT DIRECTLY
393		-	SUPPORT ANY AGENCY DESCRIBED IN SUBSECTION
394		-	(4)(b)(I) OF THIS SECTION
395		-	AND THAT
396		-	:
397		-	(A) M
398		-	AY BE REQUESTED TO SUPPORT THE PURPOSES EXPRESSED IN
399		-	PAGE 8-HOUSE BILL 22-1353 SUBSECTIONS (1)(c) AND (1)(e) OF THIS SECTION AND AGGREGATE PUBLIC
400		-	SAFETY COMMUNICATIONS SERVICE REQUIREMENTS OF ANY PUBLIC OFFICE
401		-	DESCRIBED IN SECTION
402		-	24-32-3001 (1)(h); OR
403		-	(B) MAKE DONATIONS, GRANTS, BEQUESTS, AND OTHER
404		-	CONTRIBUTIONS TO THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND
405		-	PURSUANT TO SECTION
406		-	24-33.5-2510 (2)(b); OR
407		-	(III) (A) PRIVATE ENTITIES THROUGH PUBLIC-PRIVATE PARTNERSHIPS
408		-	CONSIDERED
409		-	, EVALUATED, AND ACCEPTED BY THE DIRECTOR OF THE
410		-	DIVISION
411		-	; EXCEPT THAT ANY NEGOTIATED LEASE RATES MUST BE BASED ON
412		-	LOCAL MARKET
413		-	-BASED LEASE RATES IN THE AREA.
414		-	(B) L
415		-	EASE REVENUES FROM PUBLIC-PRIVATE PARTNERSHIPS ENTERED
416		-	INTO PURSUANT TO SUBSECTION
417		-	(4)(b)(III)(A) OF THIS SECTION MUST BE
418		-	CREDITED AS FOLLOWS
419		-	: SEVENTY-FIVE PERCENT TO THE PUBLIC SAFETY
420		-	COMMUNICATIONS TRUST FUND FOR IMPROVEMENTS TO THE STATE PUBLIC
421		-	SAFETY COMMUNICATIONS NETWORK AND TWENTY
422		-	-FIVE PERCENT TO THE
423		-	PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN
424		-	SECTION
425		-	22-43.7-104 FOR TECHNOLOGY GRANTS ALLOWED IN SECTION
426		-	22-43.7-109 (13).
427		-	(5) T
428		-	HE DEPARTMENT SHALL ANNUALLY INCLUDE AS PART OF ITS
429		-	PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A HEARING HELD
430		-	PURSUANT TO SECTION
431		-	2-7-203 (2)(a) UPDATES REGARDING STATE PUBLIC
432		-	SAFETY COMMUNICATIONS AS DEEMED APPROPRIATE BY THE DIRECTOR OF
433		-	THE DIVISION
434		-	.
435		-	24-33.5-2506. Legislative department exemption. T
436		-	HE PROVISIONS
437		-	OF THIS PART
438		-	25 DO NOT APPLY TO THE LEGISLATIVE DEPARTMENT OF THE
439		-	STATE
440		-	.
441		-	24-33.5-2507. Higher education exemption. L
442		-	OCAL AND INTERNAL
443		-	PUBLIC SAFETY COMMUNICATIONS NETWORKS OF INSTITUTIONS OF HIGHER
444		-	EDUCATION MAY BE EXEMPTED FROM THE PROVISIONS OF THIS PART
445		-	25 UPON
446		-	APPLICATION TO THE DIRECTOR OF THE OFFICE
447		-	; EXCEPT THAT ALL SYSTEMS
448		-	MUST BE CERTIFIED BY THE DIRECTOR OF THE OFFICE AS BEING TECHNICALLY
449		-	COMPATIBLE WITH PLANS AND NETWORKS AS DESCRIBED IN SECTION
450		-	24-33.5-2505 (1).
451		-	PAGE 9-HOUSE BILL 22-1353 24-33.5-2508. Digital trunked radio system - service charges -
452		-	pricing policy. (1) (a) U
453		-	SERS OF THE DIGITAL TRUNKED RADIO SYSTEM
454		-	SHALL BE CHARGED THE FULL COST OF THE PARTICULAR SERVICE
455		-	, WHICH
456		-	SHALL INCLUDE THE COST OF ALL MATERIAL
457		-	, LABOR, AND OVERHEAD. THE
458		-	USER CHARGES SHALL BE TRANSMITTED TO THE STATE TREASURER
459		-	, WHO
460		-	SHALL CREDIT THEM TO THE PUBLIC SAFETY COMMUNICATIONS TRUST FUND
461		-	CREATED IN SECTION
462		-	24-33.5-2510. THE PUBLIC SAFETY COMMUNICATIONS
463		-	TRUST FUND MUST INCLUDE USER CHARGES ON PUBLIC SAFETY RADIO
464		-	SYSTEMS OF A STATE AGENCY OR OTHER STATE ENTITY
465		-	; EXCEPT THAT NO
466		-	MUNICIPALITY
467		-	, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT SHALL BE
468		-	CHARGED USER CHARGES ON PUBLIC SAFETY RADIO SYSTEMS OF A STATE
469		-	AGENCY OR OTHER STATE ENTITY
470		-	.
471		-	(b) P
472		-	RIVATELY OWNED AND OPERATED BUSINESSES MAY BE
473		-	GRANTED USE OF THE PUBLIC SAFETY COMMUNICATIONS NETWORK
474		-	. SUCH
475		-	BUSINESSES MAY BE ASSESSED FEES FOR NETWORK SERVICES PROVIDED
476		-	.
477		-	F
478		-	EES COLLECTED FROM THESE BUSINESSES SHALL BE TRANSFERRED TO THE
479		-	PUBLIC SAFETY COMMUNICATIONS TRUST FUND FOR REINVESTMENT IN THE
480		-	NETWORK
481		-	.
482		-	(2) T
483		-	HE DIRECTOR OF THE OFFICE SHALL ESTABLISH A POLICY OF
484		-	REMAINING COMPETITIVE WITH PRIVATE INDUSTRY WITH REGARD TO THE
485		-	COST
486		-	, TIMELINESS, AND QUALITY OF THE PUBLIC SAFETY RADIO
487		-	COMMUNICATIONS FUNCTIONS PROVIDED BY THE DEPARTMENT
488		-	. AN AGENCY
489		-	MAY ONLY PURCHASE PRIVATE SERVICES IF IT HAS FIRST WORKED WITH THE
490		-	DEPARTMENT AND THE DEPARTMENT HAS AUTHORIZED THE PURCHASE OF
491		-	PRIVATE SERVICES
492		-	.
493		-	24-33.5-2509. Interoperable communications among public
494		-	safety radio systems - statewide plan - regional plans - governmental
495		-	immunity - needs assessment. (1) (a) T
496		-	HE EXECUTIVE DIRECTOR SHALL
497		-	EXERCISE THE POWERS
498		-	, DUTIES, AND FUNCTIONS REGARDING THE TACTICAL
499		-	AND LONG
500		-	-TERM INTEROPERABLE COMMUNICATIONS PLAN , ADOPTED BY
501		-	EACH REGION PURSUANT TO FORMER SECTION
502		-	24-33.5-716, AS THAT SECTION
503		-	EXISTED ON
504		-	JUNE 30, 2023, TO IMPROVE COMMUNICATIONS AMONG PUBLIC
505		-	SAFETY AGENCIES IN THE REGION AND WITH PUBLIC SAFETY AGENCIES OF
506		-	OTHER REGIONS
507		-	, THE STATE AND FEDERAL GOVERNMENTS , AND OTHER
508		-	STATES
509		-	. THE PLANS SHALL INCLUDE MEASURES TO CREATE AND
510		-	PERIODICALLY TEST INTEROPERABILITY INTERFACES
511		-	, PROVISIONS FOR
512		-	TRAINING ON COMMUNICATIONS SYSTEMS AND EXERCISES ON THE
513		-	PAGE 10-HOUSE BILL 22-1353 IMPLEMENTATION OF THE PLAN , A STRATEGY FOR INTEGRATING WITH THE
514		-	STATE DIGITAL TRUNKED RADIO SYSTEM
515		-	, DEADLINES FOR IMPLEMENTATION,
516		-	AND OTHER ELEMENTS REQUIRED BY THE EXECUTIVE DIRECTOR . EACH
517		-	REGION SHALL SUBMIT REVISED PLANS AS THEY ARE UPDATED TO THE
518		-	DIRECTOR OF THE OFFICE
519		-	.
520		-	(b) E
521		-	ACH LOCAL GOVERNMENT AGENCY OR PRIVATE ENTITY THAT
522		-	OPERATES A PUBLIC SAFETY RADIO SYSTEM SHALL COLLABORATE IN THE
523		-	DEVELOPMENT AND
524		-	, AS NECESSARY, PERIODIC REVISION OF THE TACTICAL
525		-	AND LONG
526		-	-TERM INTEROPERABLE COMMUNICATIONS PLAN OF THE REGION
527		-	IN WHICH IT IS LOCATED
528		-	. SUCH TACTICAL PLANS, AND REVISIONS THERETO,
529		-	SHALL BE SUBMITTED TO THE DIRECTOR OF THE OFFICE .
530		-	(c) A
531		-	REGION THAT FAILS TO TIMELY SUBMIT A TACTICAL AND
532		-	LONG
533		-	-TERM INTEROPERABLE COMMUNICATIONS PLAN OR REVISIONS
534		-	THERETO
535		-	, OR A LOCAL GOVERNMENT AGENCY THAT FAILS TO COLLABORATE
536		-	IN THE DEVELOPMENT OF OR TIMELY SUBMIT THE PLAN
537		-	, OR A REGION OR
538		-	LOCAL GOVERNMENT AGENCY THAT FAILS TO MAINTAIN CURRENT PLANS
539		-	, IS
540		-	INELIGIBLE TO RECEIVE HOMELAND SECURITY OR PUBLIC SAFETY GRANT
541		-	MONEY ADMINISTERED BY THE DEPARTMENT OF LOCAL AFFAIRS
542		-	,
543		-	DEPARTMENT OF PUBLIC SAFETY , OR DEPARTMENT OF PUBLIC HEALTH AND
544		-	ENVIRONMENT UNTIL THE REGION SUBMITS A PLAN TO THE DIRECTOR OF THE
545		-	OFFICE
546		-	.
547		-	(2) A
548		-	PUBLIC SAFETY AGENCY SHALL NOT EXPEND MONEY RECEIVED
549		-	THROUGH THE DEPARTMENT ON A MOBILE DATA COMMUNICATIONS SYSTEM
550		-	UNLESS THE SYSTEM IS CAPABLE OF INTEROPERABLE COMMUNICATIONS
551		-	.
552		-	(3) T
553		-	HE EXECUTIVE DIRECTOR SHALL NOT REQUIRE A PUBLIC SAFETY
554		-	AGENCY TO ACQUIRE THE COMMUNICATIONS EQUIPMENT OF A PARTICULAR
555		-	MANUFACTURER OR PROVIDER AS A CONDITION OF AWARDING GRANT MONEY
556		-	ADMINISTERED BY THE DEPARTMENT
557		-	.
558		-	(4) A
559		-	PUBLIC SAFETY AGENCY OR AN EMPLOYEE OF A PUBLIC SAFETY
560		-	AGENCY ACTING IN COLLABORATION WITH ANOTHER AGENCY OR PERSON TO
561		-	CREATE AND OPERATE AN INTEROPERABLE COMMUNICATIONS SYSTEM HAS
562		-	THE SAME DEGREE OF IMMUNITY UNDER THE
563		-	"COLORADO GOVERNMENTAL
564		-	IMMUNITY ACT", ARTICLE 10 OF THIS TITLE 24, AS THE PUBLIC SAFETY
565		-	AGENCY OR EMPLOYEE WOULD HAVE IF NOT ACTING IN COLLABORATION
566		-	WITH ANOTHER AGENCY OR PERSON
567		-	.
568		-	PAGE 11-HOUSE BILL 22-1353 24-33.5-2510. Public safety communications trust fund - creation
569		-	- report. (1) T
570		-	HE PUBLIC SAFETY COMMUNICATIONS TRUST FUND , REFERRED
571		-	TO IN THIS SECTION AS THE
572		-	"FUND", IS HEREBY CREATED IN THE STATE
573		-	TREASURY
574		-	. THE FUND CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED
575		-	TO THE FUND PURSUANT TO SUBSECTIONS
576		-	(2) AND (3) OF THIS SECTION AND
577		-	ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
578		-	TRANSFER TO THE FUND
579		-	. THE MONEY IN THE FUND IS CONTINUOUSLY
580		-	APPROPRIATED BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR
581		-	DISTRIBUTION AS DETERMINED BY RULES ADOPTED PURSUANT TO SECTION
582		-	24-33.5-2505 (1)(i). THE PRIMARY PURPOSE OF SUCH DISTRIBUTION IS THE
583		-	ACQUISITION AND MAINTENANCE OF PUBLIC SAFETY COMMUNICATIONS
584		-	SYSTEMS FOR USE BY DEPARTMENTS INCLUDING BUT NOT LIMITED TO THE
585		-	DEPARTMENTS OF PUBLIC SAFETY
586		-	, TRANSPORTATION, NATURAL RESOURCES,
587		-	AND CORRECTIONS AS PROVIDED IN SECTION 24-33.5-2505 (3)(b). SUCH
588		-	SYSTEMS SHALL SATISFY THE REQUI REMENTS OF THE PUBLIC SAFETY
589		-	NATIONAL PLAN ESTABLISHED BY THE FEDERAL COMMUNICATIONS
590		-	COMMISSION
591		-	, 47 CFR 90.16. THIS SECTION SHALL NOT PRECLUDE THE
592		-	PAYMENT OF MAINTENANCE EXPENSES INCLUDING THE COST OF LEASED OR
593		-	RENTED EQUIPMENT
594		-	, PAYMENTS TO LOCAL GOVERNMENTAL ENTITIES FOR
595		-	RADIO COMMUNICATIONS SYSTEMS
596		-	, OR PAYMENTS RELATED TO PUBLIC
597		-	SAFETY RADIO SYSTEMS
598		-	.
599		-	(2) (a) (I) T
600		-	HE GENERAL ASSEMBLY DECLARES ITS INTENTION TO
601		-	COMMIT STATE MONEY TO THE FUND FOR THE PURPOSES SET FORTH IN THIS
602		-	SECTION
603		-	. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS
604		-	SECTION
605		-	, THE TOTAL AMOUNT OF THE PRINCIPAL IN THE FUND SHALL NOT
606		-	EXCEED FIFTY MILLION DOLLARS
607		-	.
608		-	(II) A
609		-	NY TRANSFER OF STATE MONEY TO THE FUND FOR ANY FISCAL
610		-	YEAR FROM MONEY IN THE CAPITAL CONSTRUCTION FUND CREATED IN
611		-	SECTION
612		-	24-75-302 IS CONTINUOUSLY APPROPRIATED FROM THE FUND TO
613		-	THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION
614		-	. ANY
615		-	MONEY IN THE FUND SO APPROPRIATED THAT WAS INITIALLY TRANSFERRED
616		-	FROM MONEY IN THE CAPITAL CONSTRUCTION FUND SHALL
617		-	, IF ANY PROJECT
618		-	FOR WHICH SUCH MONEY IS APPROPRIATED IS INITIATED WITHIN THE FISCAL
619		-	YEAR
620		-	, REMAIN AVAILABLE UNTIL COMPLETION OF THE PROJECT , AT WHICH
621		-	TIME THE UNEXPENDED AND UNENCUMBERED BALANCES OF SUCH
622		-	APPROPRIATION SHALL REVERT TO THE FUND
623		-	.
624		-	(b) I
625		-	N ADDITION TO ANY TRANSFERS MADE AS A RESULT OF
626		-	PAGE 12-HOUSE BILL 22-1353 SUBSECTION (2)(a) OF THIS SECTION, THE DEPARTMENT MAY SOLICIT AND
627		-	ACCEPT GIFTS
628		-	, GRANTS, DONATIONS, BEQUESTS, AND OTHER CONTRIBUTIONS
629		-	TO THE FUND FROM LOCAL
630		-	, STATE, AND FEDERAL ENTITIES AND FROM PUBLIC
631		-	SAFETY
632		-	-RELATED NONPROFIT ORGANIZATIONS THAT DIRECTLY SUPPORT
633		-	STATE DEPARTMENTS
634		-	, STATE INSTITUTIONS, STATE AGENCIES, AND LAW
635		-	ENFORCEMENT AND PUBLIC SAFETY POLITICAL SUBDIVISIONS OF THE STATE
636		-	.
637		-	S
638		-	UCH CONTRIBUTIONS SHALL BE TRANSMITTED TO THE STATE TREASURER ,
639		-	WHO SHALL CREDIT THE CONTRIBUTIONS TO THE FUND .
640		-	(3) (a) (I) F
641		-	OR THE 2023-24 AND 2024-25 STATE FISCAL YEARS, THE
642		-	GENERAL ASSEMBLY SHALL TRANSFER TO THE FUND A TOTAL OF THREE
643		-	MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND OR
644		-	FROM ANY OTHER FUND
645		-	. FOR EACH SUCH FISCAL YEAR , THE GENERAL
646		-	ASSEMBLY SHALL DETERMINE THE AMOUNT TO BE TRANSFERRED FROM THE
647		-	GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM ANY OTHER
648		-	FUND
649		-	. THE DEPARTMENT SHALL USE THE MONEY TRANSFERRED TO THE FUND
650		-	PURSUANT TO THIS SUBSECTION
651		-	(3)(a)(I) FOR THE REPLACEMENT OF LEGACY
652		-	RADIO EQUIPMENT AND HARDWARE AT RADIO TOWER SITES
653		-	.
654		-	(II) F
655		-	OR THE 2023-24 AND 2024-25 STATE FISCAL YEARS, IN
656		-	ADDITION TO THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO
657		-	SUBSECTION
658		-	(3)(a)(I) OF THIS SECTION, THE GENERAL ASSEMBLY SHALL
659		-	TRANSFER TO THE FUND THREE MILLION SEVEN HUNDRED THOUSAND
660		-	DOLLARS FROM THE GENERAL FUND OR FROM ANY OTHER FUND
661		-	. FOR EACH
662		-	SUCH FISCAL YEAR
663		-	, THE GENERAL ASSEMBLY SHALL DETERMINE THE
664		-	AMOUNT TO BE APPROPRIATED FROM THE GENERAL FUND AND THE AMOUNT
665		-	TO BE APPROPRIATED FROM ANY OTHER FUND
666		-	. THE DEPARTMENT SHALL USE
667		-	THE MONEY APPROPRIATED TO THE FUND PURS UANT TO THIS SUBSECTION
668		-	(3)(a)(II) FOR SOFTWARE UPGRADE ASSURANCE .
669		-	(III) T
670		-	HE DEPARTMENT MAY USE ANY UNENCUMBERED AND
671		-	UNEXPENDED MONEY TRANSFERRED PURSUANT TO SUBSECTIONS
672		-	(3)(a)(I)
673		-	AND (3)(a)(II) OF THIS SECTION ON DIGITAL TRUNKED RADIO SYSTEM SITE
674		-	SUPPORTING INFRASTRUCTURE AND DIGITAL TRUNKED RADIO SYSTEM
675		-	SUPPORTING SOFTWARE AND HARDWARE
676		-	.
677		-	(b) O
678		-	N OR BEFORE NOVEMBER 1, 2023, AND ON OR BEFORE
679		-	NOVEMBER 1 OF EACH YEAR THEREAFTER THROUGH NOVEMBER 1, 2025,
680		-	THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF
681		-	CORRECTIONS
682		-	, THE DEPARTMENT OF NATURAL RESOURCES , THE
683		-	PAGE 13-HOUSE BILL 22-1353 DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE DEPARTMENT OR
684		-	LOCAL OR REGIONAL GOVERNMENT DEEMED APPROPRIATE BY THE
685		-	DEPARTMENT
686		-	, SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE
687		-	OF THE GENERAL ASSEMBLY DETAILING THE USE OF THE MONEY
688		-	APPROPRIATED TO THE FUND PURSUANT TO SUBSECTION
689		-	(3)(a) OF THIS
690		-	SECTION
691		-	. THE REPORT MUST INCLUDE THE FOLLOWING :
692		-	(I) C
693		-	OMPREHENSIVE DOCUMENTATION REGARDING THE PURPOSES
694		-	FOR WHICH THE MONEY TRANSFERRED PURSUANT TO SUBSECTION
695		-	(3)(a) OF
696		-	THIS SECTION WAS USED DURING THE PRIOR FISCAL YEAR AND IS BEING USED
697		-	DURING THE CURRENT FISCAL YEAR AND THE ANTICIPATED USE OF THE
698		-	MONEY THAT WILL BE TRANSFERRED IN FUTURE FISCAL YEARS
699		-	;
700		-	(II) O
701		-	F THE TOTAL AMOUNT EXPENDED DURING THE PRIOR FISCAL
702		-	YEAR FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS
703		-	(3)(a)(I) AND
704		-	(3)(a)(II) OF THIS SECTION, THE AMOUNT THAT WAS TRANSFERRED FROM THE
705		-	GENERAL FUND AND THE AMOUNT THAT WAS TRANSFERRED FROM ANY
706		-	OTHER FUND
707		-	; AND
708		-	(III) FOR THE TRANSFER OR TRANSFERS FOR THE NEXT FISCAL YEAR ,
709		-	A RECOMMENDATION REGARDING THE AMOUNT TO BE TRANSFERRED FROM
710		-	THE GENERAL FUND AND THE AMOUNT TO BE TRANSFERRED FROM ANY
711		-	OTHER FUND FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTIONS
712		-	(3)(a)(I)
713		-	AND (3)(a)(II) OF THIS SECTION.
714		-	(4) T
715		-	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
716		-	DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
717		-	THE FUND
718		-	.
719		-	(5) I
720		-	N AUTHORIZING DISTRIBUTIONS OF PRINCIPAL AND INTEREST
721		-	FROM THE FUND AND PURCHASING
722		-	, LEASING, CONTRACTING FOR, AND
723		-	OTHERWISE ACQUIRING EQUIPMENT FOR STATE ENTITIES
724		-	, THE DIRECTOR OF
725		-	THE DIVISION SHALL CONSIDER THE FOLLOWING
726		-	:
727		-	(a) T
728		-	HE NEED FOR ACHIEVING FUNCTIONAL INTEROPERABILITY
729		-	AMONG LOCAL
730		-	, STATE, AND FEDERAL PUBLIC SAFETY RADIO
731		-	COMMUNICATIONS SYSTEMS BY ACQUIRING EQUIPMENT THAT MEETS
732		-	EMERGING TECHNICAL STANDARDS FOR SYSTEMS INTEROPERABILITY AND
733		-	OPEN NETWORK ARCHITECTURE
734		-	;
735		-	PAGE 14-HOUSE BILL 22-1353 (b) THE NEEDS OF LOCAL GOVERNMENT ENTITIES THAT HAVE
736		-	RECENTLY INVESTED IN NEW RADIO SYSTEMS
737		-	, PARTICULARLY IN REGARD TO
738		-	INTEROPERABILITY
739		-	; AND
740		-	(c) THE PROMOTION OF AN ORDERLY TRANSITION FROM
741		-	ANALOG
742		-	-BASED TO DIGITAL-BASED RADIO SYSTEMS.
743		-	(6) I
744		-	N ACQUIRING EQUIPMENT PURSUANT TO SUBSECTION (5) OF THIS
745		-	SECTION
746		-	, THE DIRECTOR OF THE DIVISION SHALL DEVELOP BID
747		-	SPECIFICATIONS THAT IDENTIFY ALL SERVICES
748		-	, REQUIREMENTS, AND COSTS
749		-	CONSISTENT WITH EXISTING STATE LAW
750		-	.
751		-	(7) (a) T
752		-	HE DIRECTOR OF THE DIVISION SHALL KEEP AN ACCURATE
753		-	ACCOUNT OF ALL ACTIVITIES RELATED TO THE FUND INCLUDING ITS RECEIPTS
754		-	AND EXPENDITURES AND SHALL ANNUALLY REPORT IN WRITING SUCH
755		-	ACCOUNT TO THE JOINT BUDGET COMMITTEE
756		-	, CREATED IN SECTION 2-3-201.
757		-	T
758		-	HE STATE AUDITOR MAY INVESTIGATE THE AFFAIRS OF THE FUND ,
759		-	SEVERALLY EXAMINE THE PROPERTIES AND RECORDS RELATING TO THE
760		-	FUND
761		-	, AND PRESCRIBE ACCOUNTING MET HODS AND PROCEDURES FOR
762		-	RENDERING PERIODICAL REPORTS IN RELATION TO DISBURSEMENTS AND
763		-	PURCHASES MADE FROM THE FUND
764		-	.
765		-	(b) N
766		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
767		-	(11)(a)(I),
768		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN
769		-	SUBSECTION
770		-	(7)(a) OF THIS SECTION CONTINUES INDEFINITELY.
771		-	(8) I
772		-	N THE EXPENDITURE OF ANY MONEY FROM THE FUND FOR THE
773		-	ACQUISITION
774		-	, MAINTENANCE, OR LEASE OF ANY PUBLIC SAFETY RADIO
775		-	COMMUNICATIONS SYSTEMS EQUIPMENT OR ANY OTHER COMMUNICATIONS
776		-	DEVICES OR EQUIPMENT
777		-	, THE DIRECTOR OF THE DIVISION SHALL ENSURE
778		-	THAT SUCH EXPENDITURES ARE MADE PURSUANT TO THE REQUIREMENTS SET
779		-	FORTH UNDER THE
780		-	"PROCUREMENT CODE", ARTICLES 101 TO 112 OF THIS
781		-	TITLE
782		-	24.
783		-	SECTION 4. In Colorado Revised Statutes, 24-37.5-501, add (3)
784		-	as follows:
785		-	24-37.5-501. Powers, duties, and functions concerning
786		-	telecommunications. (3) T
787		-	HE CHIEF INFORMATION OFFICER SHALL BEGIN
788		-	THE TRANSFER OF THE PUBLIC SAFETY TELECOMMUNICATIONS PROGRAM TO
789		-	PAGE 15-HOUSE BILL 22-1353 THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO HOUSE BILL 22-1353 ON
790		-	JULY 1, 2022.
791		-	SECTION 5. In Colorado Revised Statutes, 2-3-1304, amend (1)(f)
792		-	as follows:
793		-	2-3-1304. Powers and duties of capital development committee
794		-	- definition. (1) The capital development committee has the following
795		-	powers and duties:
796		-	(f) To review the annual capital construction and maintenance
797		-	requests from the chief information officer of the office of information
798		-	technology regarding the public safety communications trust fund created
799		-	pursuant to section 24-37.5-506, C.R.S.
800		-	SECTION 24-33.5-2510;
801		-	SECTION 6. In Colorado Revised Statutes, 24-1-128.6, amend
802		-	(2)(h)(II)(B) and (2)(h)(II)(C); and add (2)(h)(II)(D) as follows:
803		-	24-1-128.6. Department of public safety - creation - repeal.
804		-	(2) The department of public safety consists of the following divisions:
805		-	(h) (II) The division of homeland security and emergency
806		-	management includes the following agencies, which shall exercise their
807		-	powers and perform their duties and functions under the department of
808		-	public safety as if the same were transferred thereto by a type 2 transfer:
809		-	(B) T
810		-	HE office of prevention and security, created in section
811		-	24-33.5-1606; and
812		-	(C) The office of preparedness, created in section 24-33.5-1606.5;
813		-	AND
814		-	(D) THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS CREATED IN
815		-	SECTION
816		-	24-33.5-2502.
817		-	SECTION 7. In Colorado Revised Statutes, 24-33.5-1603, add
818		-	(2)(d) as follows:
819		-	24-33.5-1603. Division of homeland security and emergency
820		-	management - creation - director. (2) The division includes the following
821		-	PAGE 16-HOUSE BILL 22-1353 agencies, which shall exercise their powers and perform their duties and
822		-	functions under the department as if the same were transferred thereto by
823		-	a type 2 transfer:
824		-	(d) T
825		-	HE OFFICE OF PUBLIC SAFETY COMMUNICATIONS , CREATED IN
826		-	PART
827		-	25 OF THIS ARTICLE 33.5.
828		-	SECTION 8. In Colorado Revised Statutes, 30-11-107, repeal
829		-	(1)(x) as follows:
830		-	30-11-107. Powers of the board. (1) The board of county
831		-	commissioners of each county has power at any meeting:
832		-	(x) To enter into a contract with the state telecommunications
833		-	director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for
834		-	the providing of teleconferencing facilities and services between the county
835		-	and any other county, city and county, or state agency to be used for
836		-	teleconferencing of hearings relating to any person in the custody of the
837		-	county;
838		-	SECTION 9. In Colorado Revised Statutes, repeal 30-11-208 as
839		-	follows:
840		-	30-11-208. Contract - teleconferencing facilities and services.
841		-	The city and county of Denver may enter into a contract with the state
842		-	telecommunications director pursuant to the provisions of section
843		-	24-37.5-503, C.R.S., for the providing of teleconferencing facilities and
844		-	services between the city and county of Denver and any other county or
845		-	state agency to be used for teleconferencing of hearings relating to any
846		-	person in the custody of the city and county of Denver.
847		-	SECTION 10. In Colorado Revised Statutes, 43-1-1202, amend
848		-	(1)(a)(IV)(B) as follows:
849		-	43-1-1202. Department powers - definition. (1) Notwithstanding
850		-	any other law, the department may:
851		-	(a) Solicit and consider proposals, enter into agreements, grant
852		-	benefits, and accept contributions for public-private initiatives pursuant to
853		-	this part 12 concerning any of the following:
854		-	PAGE 17-HOUSE BILL 22-1353 (IV) (B) For purposes of this subsection (1)(a)(IV),
855		-	"telecommunications" does not mean the state telecommunications network
856		-	described in part 5 of article 37.5 of title 24
857		-	PART 25 OF ARTICLE 33.5 OF
858		-	TITLE
859		-	24.
860		-	SECTION 11. In Colorado Revised Statutes, repeal 24-33.5-716
861		-	and part 5 of article 37.5 of title 24.
862		-	SECTION 12. Effective date. This act takes effect July 1, 2023;
863		-	except that sections 4, 12, and 13 of this act take effect upon passage.
864		-	SECTION 13. Safety clause. The general assembly hereby finds,
865		-	PAGE 18-HOUSE BILL 22-1353 determines, and declares that this act is necessary for the immediate
866		-	preservation of the public peace, health, or safety.
867		-	____________________________ ____________________________
868		-	Alec Garnett Steve Fenberg
869		-	SPEAKER OF THE HOUSE PRESIDENT OF
870		-	OF REPRESENTATIVES THE SENATE
871		-	____________________________ ____________________________
872		-	Robin Jones Cindi L. Markwell
873		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
874		-	OF REPRESENTATIVES THE SENATE
875		-	APPROVED________________________________________
876		-	(Date and Time)
877		-	_________________________________________
878		-	Jared S. Polis
879		-	GOVERNOR OF THE STATE OF COLORADO
880		-	PAGE 19-HOUSE BILL 22-1353
	779	+	11. In Colorado Revised Statutes, repeal 24-33.5-7166
	780	+	and part 5 of article 37.5 of title 24.7
	781	+	SECTION 12. Effective date. This act takes effect July 1, 2023;8
	782	+	except that sections 4, 12, and 13 of this act take effect upon passage.9
	783	+	SECTION 13. Safety clause. The general assembly hereby finds,10
	784	+	determines, and declares that this act is necessary for the immediate11
	785	+	preservation of the public peace, health, or safety.12
	786	+	1353
	787	+	-24-