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-