SENATE BILL 24-139
BY SENATOR(S) Gonzales, Coleman, Cutter, Hinrichsen,
Michaelson Jenet, Rodriguez;
also REPRESENTATIVE(S) deGruy Kennedy and Lindstedt, Amabile,
Boesenecker, Brown, Clifford, Daugherty, Duran, Epps, Froelich, Hamrick,
Jodeh, Kipp, Lindsay, Mauro, Ricks, Rutinel, Sirota, Titone, Valdez,
Woodrow, McCluskie.
C
ONCERNING THE CREATION OF THE 911 SERVICES ENTERPRISE, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 29-11-101, add (3.5),
(10.3), (14.5), and (14.7) as follows:
29-11-101. Definitions. As used in this part 1, unless the context
otherwise requires:
(3.5) "911
ENTERPRISE FEE" MEANS THE FEE IMPOSED BY THE 911
SERVICES ENTERPRISE PURSUANT TO SECTION 29-11-108 (5)(a) AND (8).
(10.3) "D
EPARTMENT" MEANS THE DEPARTMENT OF REGULATORY
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. AGENCIES CREATED IN SECTION 24-34-101 (1)(a).
(14.5) "E
NTERPRISE" MEANS THE 911 SERVICES ENTERPRISE
CREATED IN SECTION
29-11-108 (2).
(14.7) "E
NTERPRISE FUND" MEANS THE 911 SERVICES ENTERPRISE
CASH FUND CREATED IN SECTION
29-11-108 (10).
SECTION 2. In Colorado Revised Statutes, 29-11-102.3, amend
(1)(a), (1)(b), (3)(b), (3)(c)(I), and (3)(c)(III) as follows:
29-11-102.3. 911 surcharge - imposition - 911 surcharge trust
cash fund - rules - report - definition. (1) (a) Effective January 1, 2021,
a 911 surcharge, referred to in this section as the "surcharge", is hereby
imposed on service users in an amount to be established annually by the
commission but not to exceed fifty cents per month per 911 access
connection
TOGETHER WITH THE 911 ENTERPRISE FEE IMPOSED PURSUANT
TO SECTION
29-11-108 (8)(a).
(b) On or before October 1, 2020, and on or before October 1 each
year thereafter, the commission shall establish,
THROUGH A PUBLIC
PROCEEDING
, the amount of the surcharge for the next calendar year. The
amount of the surcharge must be reasonably calculated to meet the needs of
governing bodies to operate the 911 system
PAY FOR BASIC EMERGENCY
SERVICE AND PROVIDE EMERGENCY TELEPHONE SERVICE AND MUST TAKE
INTO CONSIDERATION THE AMOUNT OF THE
911 ENTERPRISE FEE IMPOSED
PURSUANT TO SECTION
29-11-108 (8)(a) AND THE B UDGETARY
REQUIREMENTS SET FORTH IN THIS SECTION
. Upon establishing the amount
of the surcharge, the commission shall send notice of the new amount to all
service suppliers. The new amount takes effect on the following January 1.
(3) (b) A service supplier may deduct and retain one percent of the
surcharges that are collected by the service supplier IT COLLECTS from its
service users
IF IT TIMELY REMITS THE COLLECTED SURCHARGES TO THE
COMMISSION
.
(c) (I) (A) Remittances of surcharges received by the commission
are collections for the local governing body, not general revenues of the
state, and shall be held in trust in the 911 surcharge trust cash fund, which
is hereby created. Except as provided in subsection (3)(c)(II) of this section,
PAGE 2-SENATE BILL 24-139 the commission shall transmit the money in the 911 SURCHARGE TRUST
CASH
fund to each governing body within sixty days after the commission
receives the money for use by such governing body for the purposes
permitted under section 29-11-104.
(B) R
EMITTANCES OF THE 911 ENTERPRISE FEE RECEIVED BY THE
COMMISSION ARE COLLECTIONS FOR THE ENTERPRISE
, NOT GENERAL
REVENUE OF THE STATE
, AND MUST BE HELD IN TRUST IN THE 911
ENTERPRISE FEE TRUST CASH FUND , WHICH IS CREATED IN THE STATE
TREASURY
. THE COMMISSION SHALL TRANSMIT THE MONEY IN THE 911
ENTERPRISE FEE TRUST CASH FUND TO THE STATE TREASURER WITHIN SIXTY
DAYS AFTER THE COMMISSION RECEIVES THE MONEY
, AND THE STATE
TREASURER SHALL CREDIT THE REVENUE TO THE ENTERPRISE FUND
.
(III) The commission shall establish a formula for distribution of
money from the surcharge to the governing bodies
PURSUANT TO
SUBSECTION
(3)(c)(I)(A) OF THIS SECTION based upon the number of
concurrent sessions maintained by the PSAPs of each governing body. The
commission shall establish the formula by October 1 of each year. The
commission shall promulgate rules concerning changes to the number of
concurrent sessions for which a governing body is reimbursed under this
section. For the purposes of this section, "concurrent session" means a
channel for an inbound simultaneous 911 request for assistance.
SECTION 3. In Colorado Revised Statutes, add 29-11-108 as
follows:
29-11-108. 911 services enterprise - creation - powers and duties
- cash fund - legislative declaration. (1) T
HE GENERAL ASSEMBLY FINDS
AND DECLARES THAT
:
(a) T
HE 911 SERVICES ENTERPRISE PROVIDES VALUABLE BENEFITS
AND SERVICES TO TELEPHONE SERVICE USERS STATEWIDE BY FUNDING
EXPENSES AND COSTS RELATED TO PROVIDING EMERGENCY TELEPHONE
SERVICE AND PROVIDING TRAINING
, EDUCATION, AND OTHER TYPES OF
SUPPORT TO
PSAPS, INCLUDING IN THE PROVISION OF 911 SERVICES AND
EMERGENCY NOTIFICATION SERVICES
;
(b) B
Y PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN
SUBSECTION
(1)(a) OF THIS SECTION, THE 911 SERVICES ENTERPRISE
PAGE 3-SENATE BILL 24-139 ENGAGES IN AN ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT , GAIN,
OR LIVELIHOOD, AND THEREFORE OPERATES AS A BUSINESS ;
(c) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN
NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION
, IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE
CHARGES IMPOSED BY THE ENTERPRISE IS A FEE
, NOT A TAX, BECAUSE THE
CHARGES ARE IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE
ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE BENEFITS AND
SERVICES SPECIFIED IN SUBSECTION
(1)(a) OF THIS SECTION TO TELEPHONE
SERVICE USERS AND THE CHARGES ARE IMPOSED AT RATES THAT ARE
REASONABLY CALCULATED BASED ON THE COST OF THE SERVICES RECEIVED
BY TELEPHONE SERVICE USERS
;
(d) S
O LONG AS THE 911 SERVICES ENTERPRISE QUALIFIES AS AN
ENTERPRISE FOR PURPOSES OF SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION
, THE REVENUE FROM THE CHARGES IMPOSED BY THE
ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING
, AS DEFINED IN SECTION
24-77-102 (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.6
(6)(c),
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR
SPENDING LIMIT IMPOSED BY SECTION
20 ARTICLE X OF THE STATE
CONSTITUTION OR THE EXCESS STATE REVENUES CAP
, AS DEFINED IN SECTION
24-77-103.6 (6)(b)(I); AND
(e) NO OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE
911 SERVICES ENTERPRISE, AND THE 911 SERVICES ENTERPRISE WILL
GENERATE REVENUE FROM CHARGES OF LESS THAN ONE HUNDRED MILLION
DOLLARS TOTAL IN ITS FIRST FIVE FISCAL YEARS
. ACCORDINGLY, THE
CREATION OF THE
911 SERVICES ENTERPRISE DOES NOT REQUIRE VOTER
APPROVAL PURSUANT TO SECTION
24-77-108.
(2) (a) T
HE 911 SERVICES ENTERPRISE IS CREATED IN THE
DEPARTMENT
. THE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED
BUSINESS WITHIN THE DEPARTMENT IN ORDER TO EXECUTE ITS BUSINESS
PURPOSES SPECIFIED IN SUBSECTION
(5) OF THIS SECTION BY EXERCISING THE
POWERS AND PERFORMING THE DUTIES AND FUNCTIONS SET FORTH IN THIS
SECTION
.
PAGE 4-SENATE BILL 24-139 (b) THE ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN SECTION
24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
FUNCTIONS UNDER THE DEPARTMENT
.
(3) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES OF
SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOTAL REVENUE IN GRANTS FROM ALL
COLORADO
STATE AND LOCAL GOVERNMENTS COMBINED
. SO LONG AS IT CONSTITUTES
AN ENTERPRISE PURSUANT TO THIS SUBSECTION
(3), THE ENTERPRISE IS NOT
SUBJECT TO SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION.
(4) T
HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS
APPOINTED BY THE GOVERNOR AND MUST HAVE AN ODD NUMBER OF TOTAL
MEMBERS
. THE MEMBERS OF THE BOARD CONSIST OF A REPRESENTATIVE OF
THE TELECOMMUNICATIONS INDUSTRY AND AN EQUAL NUMBER OF
REPRESENTATIVES OF GOVERNING BODIES SERVING JURISDICTIONS WITH
POPULATIONS LESS THAN TWO HUNDRED THOUSAND PEOPLE
, WHICH
INCLUDES MOUNTAIN RESORT COMMUNITIES AND COMMUNITIES IN THE
EASTERN PLAINS OF THE STATE
, AND GOVERNING BODIES SERVING
JURISDICTIONS WITH POPULATIONS GREATER THAN TWO HUNDRED
THOUSAND PEOPLE
. THE MAJORITY OF THE BOARD MUST BE
REPRESENTATIVES OF GOVERNING BODIES
.
(5) T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :
(a) I
MPOSE A 911 ENTERPRISE FEE ON SERVICE USERS IN
ACCORDANCE WITH SUBSECTION
(8) OF THIS SECTION;
(b) D
ISTRIBUTE FUNDING TO GOVERNING BODIES, PSAPS, STATEWIDE
911 ORGANIZATIONS, OR THIRD PARTIES FOR THE BENEFIT OF GOVERNING
BODIES OR
PSAPS FOR PURPOSES THAT ARE PRE-APPROVED BY THE BOARD
OF DIRECTORS OF THE ENTERPRISE AND ARE CONSISTENT WITH APPLICABLE
STATUTES
, REGULATIONS, ORDINANCES, POLICIES, AND PROCEDURES. THE
PURPOSES MAY INCLUDE
:
(I) F
UNDING FOR TRAINING INITIATIVES AND PROGRAMS SELECTED
BY INDIVIDUAL GOVERNING BODIES OR
PSAPS FOR PSAP PERSONNEL IN
EMERGENCY CALL PROCESSING
, EMERGENCY DISPATCH , EMERGENCY
NOTIFICATION
, PSAP ADMINISTRATION, AND OTHER SUBJECTS INTENDED TO
PAGE 5-SENATE BILL 24-139 IMPROVE EMERGENCY TELEPHONE SERVICE AND EMERGENCY NOTIFICATION
SERVICE IN THE STATE
, INCLUDING:
(A) F
UNDING FOR TRAINING SELECTED BY THE INDIVIDUAL
GOVERNING BODIES OR
PSAPS REGARDING DE-ESCALATION TECHNIQUES
AND BEHAVIORAL HEALTH EMERGENCIES
;
(B) F
UNDING FOR THE DEVELOPMENT OF TRAINING FOR SUPPORTING
911 CALLERS WITH DISABILITIES AS DETERMINED BY INDIVIDUAL GOVERNING
BODIES OR
PSAPS;
(C) F
UNDING FOR THE DEVELOPMENT OF TRAINING FOR RESPONDING
TO
911 CALLERS WHO SPEAK LANGUAGES OTHER THAN ENGLISH, INCLUDING
WITH PROFESSIONAL OR OTHERWISE QUALIFIED INTERPRETERS AND
TRANSLATORS
, AS DETERMINED BY INDIVIDUAL GOVERNING BODIES OR
PSAPS; AND
(D) OTHER 911 RELATED TRAINING;
(II) P
UBLIC EDUCATION CAMPAIGNS FOR THE PUBLIC TO INCLUDE
TRAINING PROGRAMS AND MATERIALS RELATED TO PROPER AND
APPROPRIATE USE OF
911 SERVICES AND EMERGENCY NOTIFICATION
SYSTEMS
, INCLUDING TRAINING FOR PEOPLE WITH ACCESSIBILITY
CHALLENGES IN ACCESSING AND INTERACTING WITH
PSAPS. PUBLIC
EDUCATION CAMPAIGNS MUST USE PLAIN LANGUAGE THAT AVOIDS
METAPHORS AND SPELLS OUT OR AVOIDS THE USE OF ACRONYMS IN ORDER
TO ALLOW EASIER TRANSLATION OF THE PUBLIC EDUCATION CAMPAIGN TO
LANGUAGES OTHER THAN
ENGLISH.
(III) C
YBERSECURITY SUPPORT FOR SERVICES AND SOFTWARE ,
INCLUDING FOR EMERGENCY TELEPHONE SERVICES , EMERGENCY
NOTIFICATION SERVICES
, AND PSAP SYSTEMS;
(IV) GIS
PROGRAMS FOR THE BENEFIT OF GOVERNING BODIES AND
PSAPS;
(V) G
RANT PROGRAMS THAT THE ENTERPRISE MAY ESTABLISH FOR
THE BENEFIT OF GOVERNING BODIES AND
PSAPS, WHICH MAY BE LIMITED TO
REASONABLY
-DEFINED CLASSES OF GOVERNING BODIES OR PSAPS ON THE
BASIS OF FINANCIAL NEED AND MAY HAVE A MATCHING MONEY
PAGE 6-SENATE BILL 24-139 REQUIREMENT FOR RECEIPT;
(VI) P
ROVIDING MATCHING MONEY FOR FEDERAL , STATE, OR
PRIVATE GRANTS RELATED TO BASIC EMERGENCY SERVICE
, EMERGENCY
TELEPHONE SERVICE
, OR EMERGENCY NOTIFICATION SERVICES , SO LONG AS
ALL EXPENSES TO BE PAID UNDER SUCH GRANTS ARE ALLOWABLE PURSUANT
TO SECTION
29-11-104 AND 9 CFR 47, SUBPART I, AS AMENDED;
(VII) A
NY OTHER ITEMS OF BENEFIT FOR GOVERNING BODIES AND
PSAPS AS PROPOSED BY A GROUP OF THOSE ENTITIES OR BY STATEWIDE
ASSOCIATIONS REPRESENTING
COLORADO 911 STAKEHOLDERS, PROVIDED
SUCH EXPENSES ARE ALLOWABLE PURSUANT TO SECTION
29-11-104 AND 9
CFR
47, SUBPART I, AS FROM TIME TO TIME AMENDED; AND
(VIII) ANY OTHER EXPENSES NECESSARY FOR THE ADMINISTRATION
OF THE ENTERPRISE AND THE EXECUTION OF ITS ACTIVITIES
, INCLUDING
COSTS FOR SUPPORT PERSONNEL
;
(c) E
NTER INTO ANY CONTRACTS NECESSARY FOR PROFESSI ONAL AND
TECHNICAL ASSISTANCE OR ADVICE AND TO SUPPLY OTHER SERVICES
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE WITHOUT
BEING SUBJECT TO THE REQUIREMENTS OF THE
"PROCUREMENT CODE",
ARTICLES 101 THROUGH 112 OF TITLE 24;
(d) B
Y RESOLUTION, AUTHORIZE AND ISSUE REVENUE BONDS THAT
ARE PAYABLE ONLY FROM THE FUND
;
(e) A
DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF ITS
AFFAIRS AND THE CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS
SECTION
; AND
(f) PREPARE AND SUBMIT AN ANNUAL FINANCIAL REPORT PURSUANT
TO SUBSECTION
(9)(b) OF THIS SECTION.
(6) (a) I
N ADDITION TO THE POWERS AND DUTIES SET FORTH IN
SUBSECTION
(5) OF THIS SECTION, THE ENTERPRISE SHALL USE REVENUE OF
THE ENTERPRISE GENERATED FROM SOURCES OTHER THAN THE
911
ENTERPRISE FEE TO SUPPORT EMERGENCY TELEPHONE SERVICES AND
EMERGENCY NOTIFICATION SERVICES IN THE STATE CONSISTENT WITH THE
PROVISIONS OF THIS SECTION
, INCLUDING FUNDING FOR:
PAGE 7-SENATE BILL 24-139 (I) PSAP FACILITIES, SERVICES, SYSTEMS, OPERATIONS, PERSONNEL,
TRAINING, MAINTENANCE, REPORTING, COMMUNICATIONS , AND CALL
PROCESSING AND RECORDING SYSTEMS
; AND
(II) OTHER EXPENSES OF PROCESSING AND DISPATCHING CALLS FOR
ASSISTANCE FROM THE POINT A CALL FOR ASSISTANCE REACHES A PUBLIC OR
COMMERCIAL NETWORK OR SERVICE TO THE POINT THAT THE REQUEST FOR
ASSISTANCE AND RELATED INFORMATION IS COMMUNICATED TO FIRST
RESPONDERS
, MENTAL HEALTH PROFESSIONALS OR PARAPROFESSIONALS , OR
CIVILIAN VOLUNTEERS FOR RESPONSE TO THE REPORTED INCIDENT OR
CIRCUMSTANCE
, OR IS DELIVERED OR COMMUNICATED TO OTHER PSAPS FOR
PROCESSING OR DISPATCH
.
(b) T
HE FUNDING THAT THE ENTERPRISE MAY PROVIDE FOR THE
PURPOSES SET FORTH IN SUBSECTION
(6)(a) OF THIS SECTION IS NOT SUBJECT
TO THE RESTRICTIONS OF SECTION
29-11-104 OR 9 CFR 47, SUBPART I, AS
AMENDED
, APPLICABLE TO USE OF PROCEEDS OF 911 FEES COLLECTED FROM
USERS OF TELEPHONE OR OTHER SERVICES
.
(7) T
HE ENTERPRISE DOES NOT HAVE AUTHORITY OVER GOVERNING
BODIES OR
PSAPS.
(8) (a) I
N FURTHERANCE OF ITS BUSINESS PURPOSE AND PURSUANT
TO THE AUTHORITY SET FORTH IN SUBSECTION
(5)(a) OF THIS SECTION, THE
ENTERPRISE SHALL IMPOSE THE
911 ENTERPRISE FEE IN AN AMOUNT TO BE
ESTABLISHED ANNUALLY BY THE ENTERPRISE AFTER CONSULTING WITH THE
COMMISSION
. THE AMOUNT SHALL NOT EXCEED , TOGETHER WITH THE 911
SURCHARGE IMPOSED BY THE COMMISSION , THE LIMITATION OF FIFTY CENTS
PER MONTH PER
911 ACCESS CONNECTION SET FORTH IN SECTION
29-11-102.3 (1)(a). THE ENTERPRISE SHALL ESTABLISH THE 911 ENTERPRISE
FEE BEFORE THE COMMISSION ESTABLISHES ITS SURCHARGE PURSUANT TO
SECTION
29-11-102.3 (1)(b). THE AMOUNT OF THE 911 ENTERPRISE FEE MUST
BE REASONABLY CALCULATED BASED ON THE COST OF THE SERVICES
PROVIDED BY THE ENTERPRISE AND RECEIVED BY TELEPHONE SERVICE
USERS
, AND THE AMOUNT IMPOSED PER 911 ACCESS CONNECTION MUST BE
UNIFORM
, REGARDLESS OF THE TECHNOLOGY USED TO PROVIDE THE
CONNECTION
.
(b) F
OR THE PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR
SERVICE USERS AND ADMINISTRATIVE COSTS FOR THE STATE
, THE
PAGE 8-SENATE BILL 24-139 COMMISSION SHALL COLLECT THE 911 ENTERPRISE FEE ON BEHALF OF THE
ENTERPRISE AND A SERVICE SUPPLIER SHALL COLLECT THE
911 ENTERPRISE
FEE FROM ITS SERVICE USERS AND REMIT IT TO THE COMMISSION IN THE SAME
MANNER IT COLLECTS AND REMITS THE COMMISSION
'S SURCHARGE
PURSUANT TO SECTION
29-11-102.3.
(c) T
HE COMMISSION SHALL TRANSMIT ANY FEES IT COLLECTS ON
BEHALF OF THE ENTERPRISE IN ACCORDANCE WITH SECTION
29-11-102.3
(3)(c)(I)(B).
(9) (a) T
HE ENTERPRISE SHALL IMPLEMENT APPROPRIATE FINANCIAL
CONTROLS AND SHALL MAINTAIN A SEPARATE LEDGER ACCOUNT FOR EACH
PROGRAM
, PROJECT, INITIATIVE, GRANT, OR OTHER SIGNIFICANT CATEGORY
OF ADMINISTRATIVE EXPENSES AND SOURCE OF REVENUE
.
(b) (I) O
N OR BEFORE JUNE 30, 2026, AND ON OR BEFORE JUNE 30 OF
EACH YEAR THEREAFTER
, THE ENTERPRISE SHALL PREPARE AND SUBMIT AN
ANNUAL FINANCIAL REPORT TO THE LEGISLATIVE COUNCIL STAFF AND THE
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
.
(II) T
HE FINANCIAL REPORT PREPARED BY THE ENTERPRISE
PURSUANT TO SUBSECTION
(9)(b)(I) OF THIS SECTION MUST INCLUDE THE
ENTERPRISE
'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED
BUDGET FOR THE FOLLOWING FISCAL YEAR
.
(III) T
HE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE 'S
FINANCIAL REPORT ON THE ENTERPRISE
'S PUBLIC WEBSITE.
(10) (a) T
HE 911 SERVICES ENTERPRISE CASH FUND IS CREATED IN
THE STATE TREASURY
. THE FUND CONSISTS OF MONEY CREDITED TO THE
FUND IN ACCORDANCE WITH THIS SECTION
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED . THE
ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR THE PURPOSES
OUTLINED IN SUBSECTION
(5) OF THIS SECTION.
PAGE 9-SENATE BILL 24-139 (d) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
SECTION
, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND LOCAL
GOVERNMENTS IS LESS T HAN TEN PERCENT OF THE ENTERPRISE
'S TOTAL
ANNUAL REVENUE
.
(e) T
HE FUND IS SUBJECT TO ALL STATE FISCAL AND ACCOUNTING
RULES
.
SECTION 4. In Colorado Revised Statutes, 40-2-131, amend (1)(f)
and (1)(g); and add (1)(h) as follows:
40-2-131. State of 911 report. (1) Notwithstanding section
24-1-136 (11)(a)(I), on or before September 15, 2018, and on or before
September 15 of each year thereafter, the commission shall publish a "state
of 911" report and submit the report to the members of the general
assembly. The report must provide an overall understanding of the state of
911 service in Colorado and must address, at a minimum, the following:
(f) The state's planning for, transition to, and implementation of next
generation 911
AND OTHER OR FUTURE STANDARDS -BASED IMPROVEMENTS
TO
911, including a projected timeline for full statewide implementation;
and
(g) A discussion of 911 funding and fiscal outlook, including current
funding sources and whether they are adequate for 911 service in the state,
and potential funding mechanisms for the transition to and implementation
of next generation 911
AND OTHER OR FUTURE STANDARDS -BASED
IMPROVEMENTS TO
911; AND
(h) THE ACTIVITY OF THE 911 SERVICES ENTERPRISE CREATED IN
SECTION
29-11-108, INCLUDING USE OF THE REVENUE OF THE 911 SERVICES
ENTERPRISE
.
SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$107,695 is appropriated to the department of regulatory agencies. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $61,595 for use by the public utilities commission for personal
PAGE 10-SENATE BILL 24-139 services, which amount is based on an assumption that the commission will
require an additional 0.8 FTE;
(b) $7,694 for use by the public utilities commission for operating
expenses; and
(c) $38,406 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $38,406 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.2 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-SENATE BILL 24-139 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-SENATE BILL 24-139