NOTE:  This bill has been prepared for the signature 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.
      
      
      SENATE BILL 09-162
      
      
      BY SENATOR(S) Schwartz, Heath, Veiga, Foster, Gibbs, Groff, Hodge,
      Hudak, Newell, Shaffer B., Tapia, White, Williams;
      also REPRESENTATIVE(S) Liston, McFadyen, Rice, Solano, Fischer,
      Nikkel, Riesberg, Roberts, Ryden, Schafer S., Stephens, Todd, Waller.
      
      
      Concerning the operation of the project by the state's chief
           information officer to create an inventory of broadband
           service areas, and, in connection therewith, authorizing the
           acceptance of publicly funded gifts, grants, and donations,
           and making an appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  24-37.5-106 (3) (e), (3) (f), and (3) (g), Colorado
      Revised Statutes, are amended to read:
      
           24-37.5-106.  Chief information officer - duties and
      responsibilities - broadband inventory fund created - repeal. 
      (3)  Broadband service areas - planning documents - statewide map. 
      (e)  The inventory shall be completed on or before April November 1,
      2009, and made available to the general assembly in accordance with
      section 24-1-136 (9).  In addition, the chief information officer shall
      publish, on a publicly available web site, the aggregate data on which the
      inventory is based.
      
           (f)  Funding.  (I)  The office of information technology may accept
      allocations from the high cost support mechanism created pursuant to
      section 40-15-208, C.R.S., if necessary, as well as public or private gifts,
      grants, and donations, for the purpose of implementing this subsection (3). 
      Any such gifts, grants, and donations shall be held in the broadband
      inventory fund, also referred to in this section as the "fund", which fund is
      hereby created in the state treasury.  The fund shall also consist of moneys
      appropriated and transferred to the fund.  Earnings from investment of
      moneys in the fund shall be credited to the fund.  Moneys in the fund shall
      be annually appropriated to the chief information officer for the purpose of
      implementing this subsection (3).
      
           (II)  It is the intent of the general assembly that the office of
      information technology solicit gifts, grants, and donations from all available
      sources for the purposes of this section, only drawing upon the high cost
      support mechanism pursuant to subparagraph (III) of this paragraph (f) as
      a last resort, and that no general fund moneys be used to pay for the
      implementation of this subsection (3).
      
           (III)  On or before September 1, 2008, the chief information officer
      shall estimate the amount necessary to finance the implementation of this
      subsection (3).  If, by that time, moneys in the fund created pursuant to
      subparagraph (I) of this paragraph (f) do not equal or exceed that amount,
      the public utilities commission shall direct payments of up to one hundred
      thousand dollars into the fund from the high cost support mechanism
      created in section 40-15-208, (3), C.R.S.
      
           (g)  Repeal.  This subsection (3) is repealed, effective July 1, 2009
      January 1, 2010.
      
           SECTION 2.  Appropriation.  In addition to any other
      appropriation, there is hereby appropriated, to the governor's office, office
      of information technology, for the fiscal year beginning July 1, 2008, the
      sum of three hundred thirty-one thousand five hundred thirty-seven dollars
      ($331,537), or so much thereof as may be necessary, from the broadband
      inventory fund created in section 24-37.5-106, Colorado Revised Statutes,
      for the implementation of this act.  This amount may include up to one
      hundred thousand dollars ($100,000) in grants received from the local
      government mineral impact fund created in section 34-63-102 (5), Colorado
      Revised Statutes, pursuant to the authority granted in section 34-63-102 (7)
      (a), Colorado Revised Statutes.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO