First Regular Session

Sixty-first General Assembly

LLS NO. 97­0105.01 DHG HOUSE BILL 97­1072

STATE OF COLORADO

BY REPRESENTATIVE Anderson;

also SENATORS Lacy and Arnold.

ENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING IMPROVEMENTS TO THE STATE TELECOMMUNICATIONS NETWORK, AND, IN CONNECTION THEREWITH, CREATING A RADIO COMMUNICATION TRUST FUND, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the radio communication trust fund in the state treasury to assist state and local government agencies in purchasing and operating trunked, two­way, wireless communication equipment. Places the responsibility for administration of the fund with the executive director of the department of personnel, subject to supervision by the legislative audit committee, and calls upon the director to adopt rules and set criteria governing disbursements from the fund. Factors to be considered include interoperability with local, state, and federal agencies' existing wireless networks, the level of investment already made by local governments in their networks, and promotion of an orderly transition from existing analog equipment to digital equipment. Caps the fund at $75 million.

Encourages the departments of public safety, natural resources, transportation, and corrections to incorporate trunked, two­way, wireless systems into their telecommunication networks. Endorses the use of such networks as part of the state's overall telecommunications policy.

Removes existing limitations on the ability of the state telecommunications director to purchase or lease property and allows for resale and sharing of services. Eliminates the requirement that the state patrol pay all expenses of the law enforcement radio system.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 9 of article 30 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

24­30­908.5.  Radio communication trust fund ­ creation ­ repeal. (1)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE RADIO COMMUNICATION TRUST FUND, REFERRED TO IN THIS SECTION AS THE "FUND". THE MONEYS IN THE FUND ARE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OF PERSONNEL FOR DISTRIBUTION AS DETERMINED BY RULES ADOPTED UNDER SECTION 24­30­903 (1) (j). THE PRIMARY PURPOSE OF SUCH DISTRIBUTIONS SHALL BE THE ACQUISITION OF TRUNKED, TWO­WAY, WIRELESS COMMUNICATION EQUIPMENT FOR USE BY THE DEPARTMENTS OF PUBLIC SAFETY, TRANSPORTATION, NATURAL RESOURCES, AND CORRECTIONS AS CONTEMPLATED IN SECTION 24­30­903 (6), BUT THIS SECTION SHALL NOT PRECLUDE THE PAYMENT OF MAINTENANCE EXPENSES INCLUDING THE COST OF LEASED OR RENTED EQUIPMENT, PAYMENTS TO LOCAL GOVERNMENTAL ENTITIES, OR PAYMENTS RELATED TO PUBLIC SAFETY OR RADIO SYSTEMS.

(2) (a)  THE GENERAL ASSEMBLY DECLARES ITS INTENTION TO COMMIT TO THE FUND ALL OR PART OF ANY SURPLUS REVENUE REMAINING IN THE GENERAL FUND AT THE END OF EACH FISCAL YEAR AFTER GIVING EFFECT TO ANY EXISTING REVENUE OR SPENDING LIMITATIONS AND THE NEED FOR CONTINGENCY FUNDS OR RESERVES. THE TOTAL AMOUNT OF PRINCIPAL IN THE FUND SHALL NOT EXCEED SEVENTY­FIVE MILLION DOLLARS.

(b)  IN ADDITION TO ANY APPROPRIATIONS MADE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), THE DEPARTMENT OF PERSONNEL MAY SOLICIT AND ACCEPT DONATIONS, GRANTS, BEQUESTS, AND OTHER CONTRIBUTIONS TO THE FUND FROM ANY SOURCE, INCLUDING BUT NOT LIMITED TO INDIVIDUALS, CORPORATIONS, AND FEDERAL, STATE, AND LOCAL ENTITIES. SUCH CONTRIBUTIONS SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THEM TO THE FUND.

(3)  AT THE END OF EACH FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND SHALL REMAIN THEREIN AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THIS FUND SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND.

(4)  IN AUTHORIZING DISTRIBUTIONS FROM THE FUND AND PURCHASING EQUIPMENT FOR STATE ENTITIES, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL CONSIDER THE FOLLOWING:

(a)  INTEROPERABILITY AMONG STATE, LOCAL, AND FEDERAL TELECOMMUNICATIONS SYSTEMS AND THE NEED FOR EQUIPMENT THAT MEETS EMERGING STANDARDS FOR INTEROPERABILITY;

(b)  RECOGNITION OF THE NEEDS OF LOCAL GOVERNMENT ENTITIES THAT HAVE RECENTLY INVESTED IN NEW SYSTEMS, PARTICULARLY IN REGARD TO INTEROPERABILITY;

(c)  PROMOTION OF AN ORDERLY TRANSITION FROM EXISTING ANALOG SYSTEMS TO STATE­OF­THE­ART DIGITAL SYSTEMS.

(5)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL KEEP AN ACCURATE ACCOUNT OF ALL ACTIVITIES RELATED TO THE FUND AND OF ALL ITS RECEIPTS AND EXPENDITURES AND SHALL ANNUALLY, IN THE MONTH OF JANUARY, REPORT SUCH INFORMATION TO THE GOVERNOR AND TO THE STATE AUDITOR. THE STATE AUDITOR MAY INVESTIGATE THE AFFAIRS OF THE FUND, MAY SEVERALLY EXAMINE THE PROPERTIES AND RECORDS RELATING TO THE FUND, AND MAY PRESCRIBE METHODS OF ACCOUNTING AND THE RENDERING OF PERIODICAL REPORTS IN RELATION TO DISBURSEMENTS AND PURCHASES MADE FROM THE FUND. THIS SECTION AND THE EXPENDITURES FROM THE FUND SHALL BE REVIEWED BY THE LEGISLATIVE AUDIT COMMITTEE EVERY TWO YEARS, COMMENCING JULY 1, 1998.

SECTION 2.  24­30­901, Colorado Revised Statutes, 1988 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­30­901.  Legislative declaration. (2)  THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT AN ESSENTIAL COMPONENT OF A VIABLE TELECOMMUNICATIONS POLICY IS THE AVAILABILITY OF A UNIFORM, STATEWIDE, TRUNKED RADIO SYSTEM TO PROVIDE INSTANT AND DISRUPTION­RESISTANT COMMUNICATION CAPABILITY FOR LAW ENFORCEMENT AGENCIES AND OTHER UNITS OF GOVERNMENT THAT MAY BE CALLED UPON TO DEAL WITH NATURAL DISASTERS, HEALTH EMERGENCIES, ACTS OF TERRORISM, AND OTHER THREATS TO PUBLIC HEALTH AND SAFETY.

SECTION 3.  24­30­903 (1) (a), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended, and the said 24­30­903 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:

24­30­903.  Duties and responsibilities. (1)  The executive director of the department of personnel shall perform the following functions:

(a)  In consultation with LOCAL, state, AND FEDERAL departments, institutions, and agencies, formulate recommendations for a current and long­range telecommunications plan, involving telephone, radio, microwave, facsimile closed circuit and cable television, teleconferencing, public broadcast, data communications transmission circuits, fibreoptics FIBER OPTICS, satellites, and cellular radio, AND TRUNKED, TWO­WAY WIRELESS SYSTEMS and their integration into applicable telecommunications networks, for approval of the governor;

(i)  ADMINISTER THE RADIO COMMUNICATION TRUST FUND, CREATED IN SECTION 24­30­908.5; AND

(j)  ADOPT RULES REGARDING THE PARTICIPATION OF STATE AND LOCAL GOVERNMENT AGENCIES IN, AND DISTRIBUTIONS FROM, THE RADIO COMMUNICATION TRUST FUND.

SECTION 4.  24­30­903 (2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended, and the said 24­30­903 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

24­30­903.  Duties and responsibilities. (2)  Notwithstanding the functions enumerated in paragraph (b) of subsection (1) AND PARAGRAPH (a) OF SUBSECTION (6) of this section, the ULTIMATE responsibility for the operation and conduct of the law enforcement radio systems specifically provided for the division of the Colorado state patrol which are performed by radio dispatchers and telephone operators shall be vested in the chief of the Colorado state patrol.

(6)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL SHALL:

(a)  IN CONSULTATION WITH RECOGNIZED PUBLIC SAFETY RADIO COMMUNICATION STANDARDS GROUPS AND WITH THE CHIEF OF THE COLORADO STATE PATROL, ADOPT RECOMMENDED STANDARDS FOR THE REPLACEMENT OF ANALOG EQUIPMENT WITH STATE­OF­THE­ART DIGITAL EQUIPMENT FOR PURPOSES OF DISPATCHING AND RELATED FUNCTIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND

(b)  FOR PURPOSES OF SERVING THE RADIO COMMUNICATION NEEDS OF THE DEPARTMENTS OF TRANSPORTATION, NATURAL RESOURCES, AND CORRECTIONS, ADOPT STANDARDS AND SET A TIMETABLE FOR THE REPLACEMENT OF EXISTING TELECOMMUNICATIONS EQUIPMENT WITH A TRUNKED, TWO­WAY, WIRELESS NETWORK.

SECTION 5.  24­30­905, Colorado Revised Statutes, 1988 Repl. Vol., is repealed as follows:

24­30­905.  Transfer of personnel and property. On July 1, 1983, the necessary personnel required for the operation and conduct of the law enforcement radio system, as approved by the governor, shall be transferred to the division of the Colorado state patrol. Such personnel shall retain all rights accrued under law for leave, annual or otherwise, and retirement benefits, and their service shall be deemed to have been continuous.

SECTION 6.  24­33.5­223 (2) and (3), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:

24­33.5­223.  State telecommunications network. (2)  The state telecommunications director is authorized, subject to appropriation by the general assembly, to purchase or lease any real estate, buildings, and property necessary to the operation or development of the telecommunications network, and to use any available facilities and telecommunications equipment of any state agency or institution, and, if necessary, to provide for the construction of the network. The facilities of the network shall be made available for the use of state departments, state institutions, state agencies, and law enforcement and public safety political subdivisions of the state. Nothing in this section shall be construed to allow the state telecommunications director to purchase or lease any real estate, buildings, and property necessary to the operation or development of a telecommunications network for other than state departments, state institutions, state agencies, and law enforcement and public safety political subdivisions nor to allow for the resale and sharing of services.

(3)  All expenses of dispatchers and other necessary employees used in connection with the operation of the law enforcement radio system within the state telecommunications network shall be paid by the chief of the Colorado state patrol in the same manner as expenses of other employees of said patrol are paid.

(a) THE CHIEF OF THE COLORADO STATE PATROL SHALL BE RESPONSIBLE FOR PAYING ALL EXPENSES OF DISPATCHERS, OTHER NECESSARY EMPLOYEES, AND OPERATING COSTS RELATED TO STATE OPERATED REGIONAL COMMUNICATION CENTERS. THE CHIEF HAS THE AUTHORITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH ANY FEDERAL, STATE, OR LOCAL ENTITY THAT REQUESTS DISPATCH SERVICES FROM THE COLORADO STATE PATROL. THESE AGREEMENTS SHALL INCLUDE ONLY THOSE COSTS ASSOCIATED WITH PERSONNEL AND THE DAY-TO-DAY OPERATIONAL COSTS PROVIDED BY THE STATE FOR EACH REGIONAL CENTER.

(b) THE CHIEF AND THE FEDERAL, STATE, AND LOCAL ENTITIES THAT ARE CURRENTLY BEING DISPATCHED OR WHO HAVE REQUESTED DISPATCH SERVICES FROM THE COLORADO STATE PATROL SHALL DEVISE A FEE SCHEDULE THAT WILL SHARE THE COSTS OF PERSONNEL AND OPERATING EXPENSES BASED ON EACH ENTITY'S WORKLOAD AND FISCAL CONSTRAINTS. THE FEES ESTABLISHED PURSUANT TO THIS PARAGRAPH (b) SHALL BE EFFECTIVE NO EARLIER THAN JULY 1, 1999.

(c) THE FEES CHARGED AND THE SERVICES PROVIDED UNDER EXISTING INTERGOVERNMENTAL AGREEMENTS SHALL NOT BE SUBJECT TO ALTERATION PRIOR TO JULY 1, 1999, IF THE ENTITY PROVIDING THE FUNDS FOR CASH FUNDED POSITIONS DESIRES TO CONTINUE BEING DISPATCHED BY THE COLORADO STATE PATROL.

SECTION 7.  24­75­302 (2) (j), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 1998, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(j)  On July 1, 1997, fifty million dollars PLUS SEVENTY­FIVE MILLION DOLLARS; and

SECTION 8.  Appropriation.  (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the capital construction fund not otherwise appropriated, to the radio communication trust fund created in section 24­30­908.5, for the fiscal year beginning July 1, 1997, the sum of seventy-five million dollars ($75,000,000), or so much thereof as may be necessary, for the implementation of this act.

(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the radio communication trust fund not otherwise appropriated, to the department of personnel, for the fiscal year beginning July 1, 1997, the sum of seventy-five million dollars ($75,000,000), or so much thereof as may be necessary, for the implementation of this act.

SECTION 9.  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.