Colorado 2024 2024 Regular Session

Colorado Senate Bill SB139 Amended / Bill

Filed 05/08/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0947.01 Megan McCall x4215
SENATE BILL 24-139
Senate Committees House Committees
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE 911 SERVICES ENTERPRISE, AND,
101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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
.)
The bill creates the 911 services enterprise in the department of
regulatory agencies (enterprise). The enterprise is authorized to impose
a fee on service users (fee). A service user is a person who is provided a
911 access connection in the state. The fee is set annually by the
enterprise and, together with the 911 surcharge that the public utilities
commission (commission) imposes on service users for the benefit of
HOUSE
Amended 2nd Reading
May 7, 2024
SENATE
3rd Reading Unamended
April 19, 2024
SENATE
Amended 2nd Reading
April 18, 2024
SENATE SPONSORSHIP
Gonzales, Coleman, Cutter, Hinrichsen, Michaelson Jenet, Rodriguez
HOUSE SPONSORSHIP
deGruy Kennedy and Lindstedt,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. meeting the needs of governing bodies to pay for basic emergency service
and provide emergency telephone service (911 surcharge), must not
exceed $0.50 per month per 911 access connection. The fee is collected
in the same manner as the 911 surcharge. Revenue from the fee will fund
expenses and costs related to the provision of 911 services, including:
! Statewide training initiatives and programs and public
education campaigns;
! Cybersecurity support;
! GIS programs;
! Grant programs for the benefit of governing bodies and
public safety answering points;
! Providing matching funds for federal, state, or private
grants related to 911 services or emergency notification
services;
! Any other items related to a statewide benefit for governing
bodies and public safety answering points for 911 services;
and
! Administrative expenses of the enterprise.
The bill also creates the 911 services enterprise cash fund, adds a
requirement for the commission to include in its "state of 911" annual
report the activity of the enterprise including its use of its revenue, and
makes several technical updates to the statutes concerning the 911
surcharge and the commission's "state of 911" report.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 29-11-101, add (3.5),2
(10.5), (14.5), and (14.7) as follows:3
29-11-101.  Definitions. As used in this part 1, unless the context4
otherwise requires:5
(3.5)  "911
 ENTERPRISE FEE" MEANS THE FEE IMPOSED BY THE 9116
SERVICES ENTERPRISE PURSUANT TO SECTION 29-11-108 (5)(a) AND (8)
.7
(10.5)  "D
EPARTMENT" MEANS THE DEPARTMENT OF REGULATORY8
AGENCIES CREATED IN SECTION 24-34-101 (1)(a).9
(14.5)  "E
NTERPRISE" MEANS THE 911 SERVICES ENTERPRISE10
CREATED IN SECTION 29-11-108 (2).11
(14.7)  "E
NTERPRISE FUND" MEANS THE 911 SERVICES ENTERPRISE12
139-2- CASH FUND CREATED IN SECTION 29-11-108 (10).1
SECTION 2. In Colorado Revised Statutes, 29-11-102.3, amend2
(1)(a), (1)(b), (3)(b), (3)(c)(I), and (3)(c)(III) as follows:3
29-11-102.3.  911 surcharge - imposition - 911 surcharge trust4
cash fund - rules - report - definition. (1) (a)  Effective January 1, 2021,5
a 911 surcharge, referred to in this section as the "surcharge", is hereby6
imposed on service users in an amount to be established annually by the7
commission but not to exceed fifty cents per month per 911 access8
connection 
TOGETHER WITH THE 911 ENTERPRISE FEE IMPOSED PURSUANT9
TO SECTION 29-11-108 (8)(a)
.10
(b)  On or before October 1, 2020, and on or before October 1 each11
year thereafter, the commission shall establish, 
THROUGH A PUBLIC12
PROCEEDING, the amount of the surcharge for the next calendar year. The13
amount of the surcharge must be reasonably calculated to meet the needs14
of governing bodies to operate the 911 system
 PAY FOR BASIC EMERGENCY15
SERVICE AND PROVIDE EMERGENCY TELEPHONE SERVICE AND MUST TAKE16
INTO CONSIDERATION THE AMOUNT OF THE 911 ENTERPRISE FEE IMPOSED17
PURSUANT TO SECTION 29-11-108 (8)(a) AND THE BUDGETARY18
REQUIREMENTS SET FORTH IN THIS SECTION. Upon establishing the amount19
of the surcharge, the commission shall send notice of the new amount to20
all service suppliers. The new amount takes effect on the following21
January 1.22
(3) (b)  A service supplier may deduct and retain one percent of the23
surcharges that are collected by the service supplier IT COLLECTS from its24
service users 
IF IT TIMELY REMITS THE COLLECTED SURCHARGES TO THE25
COMMISSION.26
(c) (I) (A)  Remittances of surcharges received by the commission27
139
-3- are collections for the local governing body, not general revenues of the1
state, and shall be held in trust in the 911 surcharge trust cash fund, which2
is hereby created. Except as provided in subsection (3)(c)(II) of this3
section, the commission shall transmit the money in the 911
 SURCHARGE4
TRUST CASH fund to each governing body within sixty days after the5
commission receives the money for use by such governing body for the6
purposes permitted under section 29-11-104.7
(B)  R
EMITTANCES OF THE 911 ENTERPRISE FEE RECEIVED BY THE8
COMMISSION ARE COLLECTIONS FOR THE ENTERPRISE , NOT GENERAL9
REVENUE OF THE STATE , AND MUST BE HELD IN TRUST IN THE 91110
ENTERPRISE FEE TRUST CASH FUND , WHICH IS CREATED IN THE STATE11
TREASURY. THE COMMISSION SHALL TRANSMIT THE MONEY IN THE 91112
ENTERPRISE FEE TRUST CASH FUND TO THE STATE TREASURER WITHIN13
SIXTY DAYS AFTER THE COMMISSION RECEIVES THE MONEY , AND THE14
STATE TREASURER SHALL CREDIT THE REVENUE TO THE ENTERPRISE FUND . 15
(III)  The commission shall establish a formula for distribution of16
money from the surcharge to the governing bodies 
PURSUANT TO17
SUBSECTION (3)(c)(I)(A) OF THIS SECTION based upon the number of18
concurrent sessions maintained by the PSAPs of each governing body.19
The commission shall establish the formula by October 1 of each year.20
The commission shall promulgate rules concerning changes to the number21
of concurrent sessions for which a governing body is reimbursed under22
this section. For the purposes of this section, "concurrent session" means23
a channel for an inbound simultaneous 911 request for assistance.24
SECTION 3. In Colorado Revised Statutes, add 29-11-108 as25
follows:26
29-11-108.  911 services enterprise - creation - powers and27
139
-4- duties - cash fund - legislative declaration. (1)  T	HE GENERAL1
ASSEMBLY FINDS AND DECLARES THAT :2
(a)  T
HE 911 SERVICES ENTERPRISE PROVIDES VALUABLE      
3
BENEFITS AND SERVICES TO TELEPHONE SERVICE USERS STATEWIDE BY4
FUNDING EXPENSES AND COSTS RELATED TO PROVIDING EMERGENCY5
TELEPHONE SERVICE AND PROVIDING TRAINING , EDUCATION, AND OTHER6
TYPES OF SUPPORT TO PSAPS, INCLUDING IN THE PROVISION OF 9117
SERVICES AND EMERGENCY NOTIFICATION SERVICES ; 8
(b)  B
Y PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN9
SUBSECTION (1)(a) OF THIS SECTION, THE 911 SERVICES ENTERPRISE10
ENGAGES IN AN ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT , GAIN,11
OR LIVELIHOOD, AND THEREFORE OPERATES AS A BUSINESS ;12
(c)  C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO13
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89614
P.2d 859
 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS15
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE16
X
 OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL17
ASSEMBLY THAT THE CHARGES IMPOSED BY THE ENTERPRISE IS A FEE , NOT18
A TAX, BECAUSE THE CHARGES ARE IMPOSED FOR THE SPECIFIC PURPOSE19
OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE20
BENEFITS AND SERVICES SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION21
TO TELEPHONE SERVICE USERS AND THE CHARGES ARE IMPOSED AT RATES22
THAT ARE REASONABLY CALCULATED BASED ON THE COST OF THE23
SERVICES RECEIVED BY TELEPHONE SERVICE USERS ;24
(d)  S
O LONG AS THE 911 SERVICES ENTERPRISE QUALIFIES AS AN25
ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE26
CONSTITUTION, THE REVENUE FROM THE CHARGES IMPOSED BY THE27
139
-5- ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION1
24-77-102
 (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.62
(6)(c), 
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR3
SPENDING LIMIT IMPOSED BY SECTION 20 ARTICLE X OF THE STATE4
CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS DEFINED IN5
SECTION 24-77-103.6 (6)(b)(I); AND6
(e)  N
O OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN7
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE8
911
 SERVICES ENTERPRISE, AND THE 911 SERVICES ENTERPRISE WILL9
GENERATE REVENUE FROM CHARGES OF LESS THAN ONE HUNDRED MILLION10
DOLLARS TOTAL IN ITS FIRST FIVE FISCAL YEARS . ACCORDINGLY, THE11
CREATION OF THE 911 SERVICES ENTERPRISE DOES NOT REQUIRE VOTER12
APPROVAL PURSUANT TO SECTION 24-77-108.13
(2) (a)  T
HE 911 SERVICES ENTERPRISE IS CREATED IN THE14
DEPARTMENT. THE ENTERPRISE IS AND OPERATES AS A15
GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT IN ORDER TO16
EXECUTE ITS BUSINESS PURPOSES SPECIFIED IN SUBSECTION (5) OF THIS17
SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES AND18
FUNCTIONS SET FORTH IN THIS SECTION.19
(b)  T
HE ENTERPRISE IS A TYPE 	1 ENTITY, AS DEFINED IN SECTION20
24-1-105,
 AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND21
FUNCTIONS UNDER THE DEPARTMENT .22
(3)  T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES23
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT24
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS25
THAN TEN PERCENT OF ITS TOTAL REVENUE IN GRANTS FROM ALL26
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT27
139
-6- CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3), THE1
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE2
CONSTITUTION.3
(4)  T
HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS4
APPOINTED BY THE GOVERNOR AND MUST HAVE AN ODD NUMBER OF5
TOTAL MEMBERS. THE MEMBERS OF THE BOARD CONSIST OF A6
REPRESENTATIVE OF THE TELECOMMUNICATIONS INDUSTRY AND AN7
EQUAL NUMBER OF REPRESENTATIVES OF GOVERNING BODIES SERVING8
JURISDICTIONS WITH POPULATIONS LESS THAN TWO HUNDRED THOUSAND9
PEOPLE, WHICH INCLUDES MOUNTAIN RESORT COMMUNITIES AND
10
COMMUNITIES IN THE EASTERN PLAINS OF THE STATE , AND GOVERNING11
BODIES SERVING JURISDICTIONS WITH POPULATIONS GREATER THAN TWO12
HUNDRED THOUSAND PEOPLE . THE MAJORITY OF THE BOARD MUST BE13
REPRESENTATIVES OF GOVERNING BODIES .14
(5)  T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :15
(a)  I
MPOSE A 911 ENTERPRISE FEE ON SERVICE USERS IN16
ACCORDANCE WITH SUBSECTION (8)
 OF THIS SECTION;17
(b)  D
ISTRIBUTE FUNDING TO GOVERNING BODIES , PSAPS,
18
STATEWIDE 911 ORGANIZATIONS, OR THIRD PARTIES FOR THE BENEFIT OF19
GOVERNING BODIES OR PSAPS FOR PURPOSES THAT ARE PRE-APPROVED BY20
THE BOARD OF DIRECTORS OF THE ENTERPRISE AND ARE CONSISTENT WITH21
APPLICABLE STATUTES, REGULATIONS, ORDINANCES, POLICIES, AND22
PROCEDURES. THE PURPOSES MAY INCLUDE:23
(I)  F
UNDING FOR TRAINING INITIATIVES AND PROGRAMS SELECTED
24
BY INDIVIDUAL GOVERNING BODIES OR PSAPS FOR PSAP PERSONNEL IN25
EMERGENCY CALL PROCESSING , EMERGENCY DISPATCH , EMERGENCY26
NOTIFICATION, PSAP ADMINISTRATION, AND OTHER SUBJECTS INTENDED27
139
-7- TO IMPROVE EMERGENCY TELEPHONE SERVICE AND EMERGENCY1
NOTIFICATION SERVICE IN THE STATE, INCLUDING:2
(A)  F
UNDING FOR TRAINING SELECTED BY THE INDIVIDUAL
3
GOVERNING BODIES OR PSAPS REGARDING DE-ESCALATION TECHNIQUES4
AND BEHAVIORAL HEALTH EMERGENCIES;5
(B)  F
UNDING FOR THE DEVELOPMENT
 OF TRAINING FOR6
SUPPORTING 911 CALLERS WITH DISABILITIES AS DETERMINED BY7
INDIVIDUAL GOVERNING BODIES OR PSAPS;     8
(C) FUNDING FOR THE DEVELOPMENT OF TRAINING FOR9
RESPONDING TO 911 CALLERS WHO SPEAK LANGUAGES OTHER THAN10
ENGLISH, INCLUDING WITH PROFESSIONAL OR OTHERWISE QUALIFIED11
INTERPRETERS AND TRANSLATORS, AS DETERMINED BY INDIVIDUAL12
GOVERNING BODIES OR PSAPS; AND13
(D)  OTHER 911 RELATED TRAINING;14
(II)  P
UBLIC EDUCATION CAMPAIGNS FOR THE PUBLIC TO INCLUDE
15
TRAINING PROGRAMS AND MATERIALS RELATED TO PROPER AND16
APPROPRIATE USE OF 911 SERVICES AND EMERGENCY NOTIFICATION17
SYSTEMS, INCLUDING TRAINING FOR PEOPLE WITH ACCESSIBILITY18
CHALLENGES IN ACCESSING AND INTERACTING WITH PSAPS. PUBLIC19
EDUCATION CAMPAIGNS MUST USE PLAIN LANGUAGE THAT AVOIDS20
METAPHORS AND SPELLS OUT OR AVOIDS THE USE OF ACRONYMS IN ORDER21
TO ALLOW EASIER TRANSLATION OF THE PUBLIC EDUCATION CAMPAIGN TO22
LANGUAGES OTHER THAN ENGLISH.23
(III)  C
YBERSECURITY SUPPORT FOR SERVICES AND SOFTWARE ,24
INCLUDING FOR EMERGENCY TELEPHONE SERVICES , EMERGENCY25
NOTIFICATION SERVICES, AND PSAP SYSTEMS;26
(IV)  GIS
 PROGRAMS FOR THE BENEFIT OF GOVERNING BODIES AND27
139
-8- PSAPS;1
(V)  G
RANT PROGRAMS THAT THE ENTERPRISE MAY ESTABLISH FOR2
THE BENEFIT OF GOVERNING BODIES AND PSAPS, WHICH MAY BE LIMITED3
TO REASONABLY-DEFINED CLASSES OF GOVERNING BODIES OR PSAPS ON4
THE BASIS OF FINANCIAL NEED AND MAY HAVE A MATCHING MONEY5
REQUIREMENT FOR RECEIPT;6
(VI)  P
ROVIDING MATCHING MONEY FOR FEDERAL , STATE, OR7
PRIVATE GRANTS RELATED TO BASIC EMERGENCY SERVICE , EMERGENCY8
TELEPHONE SERVICE, OR EMERGENCY NOTIFICATION SERVICES , SO LONG9
AS ALL EXPENSES TO BE PAID UNDER SUCH GRANTS ARE ALLOWABLE10
PURSUANT TO SECTION 29-11-104 AND 9 CFR 47, SUBPART I, AS11
AMENDED;12
(VII)  A
NY OTHER ITEMS OF BENEFIT FOR GOVERNING BODIES AND13
PSAP
S AS PROPOSED BY A GROUP OF THOSE ENTITIES OR BY STATEWIDE14
ASSOCIATIONS REPRESENTING COLORADO 911 STAKEHOLDERS, PROVIDED15
SUCH EXPENSES ARE ALLOWABLE PURSUANT TO SECTION 29-11-104 AND16
9
 CFR 47, SUBPART I, AS FROM TIME TO TIME AMENDED; AND17
(VIII)  A
NY OTHER EXPENSES NECESSARY FOR THE18
ADMINISTRATION OF THE ENTERPRISE AND THE EXECUTION OF ITS19
ACTIVITIES, INCLUDING COSTS FOR SUPPORT PERSONNEL ;20
(c)  E
NTER INTO ANY CONTRACTS NECESSARY FOR PROFESSIONAL21
AND TECHNICAL ASSISTANCE OR ADVICE AND TO SUPPLY OTHER SERVICES22
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE WITHOUT23
BEING SUBJECT TO THE REQUIREMENTS OF THE "PROCUREMENT CODE",24
ARTICLES 101 THROUGH 112 OF TITLE 24;25
(d)  B
Y RESOLUTION, AUTHORIZE AND ISSUE REVENUE BONDS THAT26
ARE PAYABLE ONLY FROM THE FUND ;     
27
139
-9- (e)  ADOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF1
ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS2
SECTION; AND3
(f)  P
REPARE AND
 SUBMIT AN ANNUAL FINANCIAL REPORT4
PURSUANT TO SUBSECTION (9)(b) OF THIS SECTION.5
(6) (a)  I
N ADDITION TO THE POWERS AND DUTIES SET FORTH IN6
SUBSECTION (5) OF THIS SECTION, THE ENTERPRISE SHALL USE REVENUE OF7
THE ENTERPRISE GENERATED FROM SOURCES OTHER THAN THE 9118
ENTERPRISE FEE TO SUPPORT EMERGENCY TELEPHONE SERVICES AND9
EMERGENCY NOTIFICATION SERVICES IN THE STATE CONSISTENT WITH THE10
PROVISIONS OF THIS SECTION, INCLUDING FUNDING FOR:11
(I)  PSAP
 FACILITIES, SERVICES, SYSTEMS, OPERATIONS,12
PERSONNEL, TRAINING, MAINTENANCE, REPORTING, COMMUNICATIONS,13
AND CALL PROCESSING AND RECORDING SYSTEMS ; AND14
(II)  O
THER EXPENSES OF PROCESSING AND DISPATCHING CALLS FOR15
ASSISTANCE FROM THE POINT A CALL FOR ASSISTANCE REACHES A PUBLIC16
OR COMMERCIAL NETWORK OR SERVICE TO THE POINT THAT THE REQUEST17
FOR ASSISTANCE AND RELATED INFORMATION IS COMMUNICATED TO FIRST18
RESPONDERS, MENTAL HEALTH PROFESSIONALS OR PARAPROFESSIONALS ,19
OR CIVILIAN VOLUNTEERS FOR RESPONSE TO THE REPORTED INCIDENT OR20
CIRCUMSTANCE, OR IS DELIVERED OR COMMUNICATED TO OTHER PSAPS21
FOR PROCESSING OR DISPATCH.22
(b)  T
HE FUNDING THAT THE ENTERPRISE MAY PROVIDE FOR THE23
PURPOSES SET FORTH IN SUBSECTION (6)(a) OF THIS SECTION IS NOT24
SUBJECT TO THE RESTRICTIONS OF SECTION 29-11-104 OR 9 CFR 47,25
SUBPART I, AS AMENDED, APPLICABLE TO USE OF PROCEEDS OF 911 FEES26
COLLECTED FROM USERS OF TELEPHONE OR OTHER SERVICES .27
139
-10- (7)  THE ENTERPRISE DOES NOT HAVE AUTHORITY OVER1
GOVERNING BODIES OR PSAPS.2
(8) (a)  IN FURTHERANCE OF ITS BUSINESS PURPOSE AND PURSUANT3
TO THE AUTHORITY SET FORTH IN SUBSECTION (5)(a) OF THIS SECTION, THE4
ENTERPRISE SHALL IMPOSE THE 911 ENTERPRISE FEE IN AN AMOUNT TO BE5
ESTABLISHED ANNUALLY BY THE ENTERPRISE AFTER CONSULTING WITH6
THE COMMISSION. THE AMOUNT SHALL NOT EXCEED , TOGETHER WITH THE7
911
 SURCHARGE IMPOSED BY THE COMMISSION , THE LIMITATION OF FIFTY8
CENTS PER MONTH PER 911 ACCESS CONNECTION SET FORTH IN SECTION9
29-11-102.3 (1)(a). T
HE ENTERPRISE SHALL ESTABLISH THE 91110
ENTERPRISE FEE BEFORE THE COMMISSION ESTABLISHES ITS SURCHARGE11
PURSUANT TO SECTION 29-11-102.3 (1)(b). THE AMOUNT OF THE 91112
ENTERPRISE FEE MUST BE REASONABLY CALCULATED BASED ON THE COST13
OF THE SERVICES PROVIDED BY THE ENTERPRISE AND RECEIVED BY14
TELEPHONE SERVICE USERS, AND THE AMOUNT IMPOSED PER 911 ACCESS15
CONNECTION MUST BE UNIFORM , REGARDLESS OF THE TECHNOLOGY USED16
TO PROVIDE THE CONNECTION.17
(b)  F
OR THE PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR18
SERVICE USERS AND ADMINISTRATIVE COSTS FOR THE STATE , THE19
COMMISSION SHALL COLLECT THE 911 ENTERPRISE FEE ON BEHALF OF THE20
ENTERPRISE AND A SERVICE SUPPLIER SHALL COLLECT THE 91121
ENTERPRISE FEE FROM ITS SERVICE USERS AND REMIT IT TO THE22
COMMISSION IN THE SAME MANNER IT COLLECTS AND REMITS THE23
COMMISSION'S SURCHARGE PURSUANT TO SECTION 29-11-102.3.24
(c)  T
HE COMMISSION SHALL TRANSMIT ANY FEES IT COLLECTS ON25
BEHALF OF THE ENTERPRISE IN ACCORDANCE WITH SECTION 29-11-102.326
(3)(c)(I)(B).27
139
-11- (9) (a) THE ENTERPRISE SHALL IMPLEMENT APPROPRIATE1
FINANCIAL CONTROLS AND SHALL MAINTAIN A SEPARATE LEDGER2
ACCOUNT FOR EACH PROGRAM , PROJECT, INITIATIVE, GRANT, OR OTHER3
SIGNIFICANT CATEGORY OF ADMINISTRATIVE EXPENSES AND SOURCE OF4
REVENUE.5
      (b) (I) ON OR BEFORE JUNE 30, 2026, AND ON OR BEFORE JUNE6
30 OF EACH YEAR THEREAFTER, THE ENTERPRISE SHALL PREPARE AND7
SUBMIT AN ANNUAL FINANCIAL REPORT TO THE LEGISLATIVE COUNCIL8
STAFF AND THE JOINT BUDGET COMMI TTEE OF THE GENERAL ASSEMBLY .9
(II) THE FINANCIAL REPORT PREPARED BY THE ENTERPRISE10
PURSUANT TO SUBSECTION (9)(b)(I) OF THIS SECTION MUST INCLUDE THE11
ENTERPRISE'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED12
BUDGET FOR THE FOLLOWING FISCAL YEAR .13
(III) THE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE'S14
FINANCIAL REPORT ON THE ENTERPRISE 'S PUBLIC WEBSITE.15
(10) (a)  THE 911 SERVICES ENTERPRISE CASH FUND IS CREATED IN16
THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE17
FUND IN ACCORDANCE WITH THIS SECTION .18
(b)  T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND19
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE20
FUND TO THE FUND.21
(c)  M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED . THE22
ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR THE PURPOSES23
OUTLINED IN SUBSECTION (5) OF THIS SECTION.24
(d)  T
HE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,25
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF26
THIS SECTION, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND27
139
-12- LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S1
TOTAL ANNUAL REVENUE .2
(e)  T
HE FUND IS SUBJECT TO ALL STATE FISCAL AND ACCOUNTING3
RULES.4
SECTION 4. In Colorado Revised Statutes, 40-2-131, amend5
(1)(f) and (1)(g); and add (1)(h) as follows:6
40-2-131.  State of 911 report. (1)  Notwithstanding section7
24-1-136 (11)(a)(I), on or before September 15, 2018, and on or before8
September 15 of each year thereafter, the commission shall publish a9
"state of 911" report and submit the report to the members of the general10
assembly. The report must provide an overall understanding of the state11
of 911 service in Colorado and must address, at a minimum, the12
following:13
(f)  The state's planning for, transition to, and implementation of14
next generation 911 
AND OTHER OR FUTURE STANDARDS -BASED15
IMPROVEMENTS TO 911, including a projected timeline for full statewide16
implementation; and
17
(g)  A discussion of 911 funding and fiscal outlook, including18
current funding sources and whether they are adequate for 911 service in19
the state, and potential funding mechanisms for the transition to and20
implementation of next generation 911 
AND OTHER OR FUTURE21
STANDARDS-BASED IMPROVEMENTS TO 911; AND22
(h)  T
HE ACTIVITY OF THE 911 SERVICES ENTERPRISE CREATED IN23
SECTION 29-11-108, INCLUDING USE OF THE REVENUE OF THE 91124
SERVICES ENTERPRISE.25
SECTION 5. Appropriation. (1)  For the 2024-25 state fiscal
26
year, $107,695 is appropriated to the department of regulatory agencies.27
139
-13- This appropriation is from the general fund. To implement this act, the1
department may use this appropriation as follows:2
(a)  $61,595 for use by the public utilities commission for personal3
services, which amount is based on an assumption that the commission4
will require an additional 0.8 FTE; 5
(b)  $7,694 for use by the public utilities commission for operating6
expenses; and7
(c)  $38,406 for the purchase of legal services.8
(2)  For the 2024-25 state fiscal year, $38,406 is appropriated to9
the department of law. This appropriation is from reappropriated funds10
received from the department of regulatory agencies under subsection11
(1)(c) of this section and is based on an assumption that the department12
of law will require an additional 0.2 FTE. To implement this act, the13
department of law may use this appropriation to provide legal services for14
the department of regulatory agencies.15
SECTION 6. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
139
-14-