RULES REGUARDING DISTRIBUTIONS OF PUBLIC SAFETY
COMMUNICATIONS TRUST FUND MONEYS TO AND REPAYMENT OF SUCH MONEYS BY
STATE AND LOCAL GOVERNMENTS
Time: December 3rd, 1998 2:00PM
Place: Colorado Department of Transportation Auditorium
4201 Arkansas, Denver Colorado
Hearing called to order by Andre Pettigrew, Executive Director of
the Department of Personnel at 2:15 PM. Andre Pettigrew announced
the following:
The purpose of today’s public hearing is to consider
adoption of rules for the purpose of administering discretionary
distributions of public safety communications trust fund moneys
to and repayment of such moneys by state and local governments.
The primary purpose of such distributions shall be the
acquisition and maintenance of statewide public safety
communications systems for the use by departments including, but
not limited to, the state departments of public safety,
transportation, and natural resources. And corrections as
provided in section 24-30-903, 7 C.R.S. (1997).
The effective date of the rules being considered for adoption
today is February 1,1999
Anyone who wishes to testify should sign the sheet located at
the front of the room. Persons testifying should speak loudly
and clearly because this hearing is tape-recorded. Please
testify as succinctly as possible and try to avoid testimony
that is duplicative of points raised by other speakers who
testified before you.
A notice of rule making was filed with the Secretary of
State’s Office October 30, 1998 and was published in the
November edition of the Colorado Register.
The final proposed Rules, including Statement of Basis and
Purpose, have been available for review on the State web site,
Telecommunications Services at 2452 West 2nd Ave #19
and 1525 Sherman Street, Room 200.
No one signed the sheet or indicated that they wished to testify.
Andre Pettigrew adopted the Rules and Statement of Basis and
Purpose as presented, and stated the following:
The proper statutory authority exists.
To the extent practicable, the rules are stated in plain
English.
The rules do not conflict with other provisions of the law.
Any duplication or overlapping of rules has been explained.
ADOPTED
RULES REGARDING DISTRIBUTIONS OF PUBLIC SAFETY
COMMUNICATIONS TRUST FUND MONEYS TO AND REPAYMENT OF SUCH MONEYS BY
STATE AND LOCAL GOVERNMENTS
RULES CHAPTER 1
PUBLIC SAFETY COMMUNICATIONS TRUST FUND
PREAMBLE
Statement of Basis and Purpose: These rules have been adopted
by the Executive Director of the Department of Personnel, pursuant
to section 24-30-903(1)(j), 7 C.R.S. (1997), for the purpose of
administering discretionary distributions of public safety
communications trust fund moneys to and repayment of such moneys by
state and local governments. The primary purpose of such
distributions shall be the acquisition and maintenance of statewide
public safety communications systems for use by departments
including, but not limited to, the state departments of public
safety, transportation, natural resources, and corrections as
provided in section 24-30-903, 7 C.R.S. (1997).
RULES ARTICLE 1 – Definitions, Eligibility, Applications
R 1-1-1 Definitions:
(A) Eligible Entities: local and state governmental
entities that support public safety, which may be called upon to
deal with natural disasters, health emergencies, acts of terrorism,
and other threats to public health and safety.
(B) Executive Director - the Executive Director of the
Department of Personnel or designee.
(C) Fund - the public safety communications trust fund
created by the state treasury pursuant to section 24-30-908.5, 7
C.R.S. (1997).
(D) Public Safety Communications Systems - interoperable
public safety radio communications systems conforming with the
state-wide digital trunked radio system plan and designed to provide
instant and disruption-resistant communication capability for law
enforcement agencies and other eligible entities that may be called
upon to deal with natural disasters, health emergencies, acts of
terrorism, and other threats to public health and safety.
(E) Public Safety National Plan: The public safety
national plan established by the Federal Communications Commission
("FCC") in FCC Report and Order in General Docket No.
87-112, and subsequent FCC proceedings and rules.
R 1-1-2 Eligibility: The principal and interest held in
the public safety communications trust fund are available to
eligible entities, upon application to Telecommunications Services,
and with the approval of the Executive Director, to cover the
acquisition, maintenance, or lease of any public safety radio
communications systems equipment or other communication devices or
equipment by eligible entities conforming with the state-wide
digital trunked radio system plan. Allowable maintenance expenses
include, without limitation, the cost of leased or rented equipment
and other costs related to acquiring and/or operating a public
safety radio system.
(A) The Executive Director, acting within his discretion, shall
consider, without limitation, the following factors in authorizing
distributions of fund moneys for reimbursement, or for the purchase,
leasing, contracting for, or other acquisition of public safety
communications equipment for or by eligible entities.
(1) The need for achieving functional interoperability among
local, state, and federal public safety radio communications systems
by acquiring equipment that meets emerging technical standards for
systems interoperability and open network architecture.
(2) The needs of eligible entities that have recently invested in
new radio systems, particularly in regard to interoperability.
(3) The promotion of an orderly transition from analog-based to
digital-based radio systems.
(B) The amount of any distribution for reimbursement or for the
purchase of equipment or devices constituting infrastructure which
would allow interoperability between the a local government
communications system and the statewide public safety radio
communications systems will be paid in accordance with the terms of
the state digital trunked radio system plan. The extent to which
such expenses will be covered by fund moneys will depend on
compliance with the plan, funds available and prior coordination and
approval by the Telecommunication Services.
(C) All expenditures made for the acquisition, maintenance, or
lease of communication systems equipment or devices from
distributions of fund moneys shall be made pursuant to the
requirements set forth under the Colorado Procurement Code, sections
24-101-101, et. Seq., 7 C.R.S. (1997). If the Code
does not address a specific situation, then expenditure of funds
will require approval from the Executive Director.
D) Expenditures are reimbursable or otherwise eligible for
distribution from the fund to the extent moneys remain available in
the fund.
R 1-1-3 Application Procedures: Eligible entities must
submit an application letter of estimated costs, supporting
eligibility documentation and implementation schedule, to
Telecommunications Services, Colorado Department of Personnel &
Administration, 2452 West 2nd Avenue, #19, Denver, Colorado
80223-1019; (303) 866-2341for approval in order to be eligible for
reimbursement.
(A) Upon receipt of an application letter, the Telecommunications
Services’ staff shall review the request and issue a written
recommendation to the Executive Director, who will render a
decision. Notification to applicant shall be within 90 days
concerning the amount of any distributions to be paid and
identifying any non-qualifying costs.
(B) Upon acceptance and notification of moneys from the fund, the
applicant shall enter into a written agreement with
Telecommunications Services, with the approval of the Executive
Director, concerning any terms and/or conditions for distributions
made, including without limitation, terms for repayment of amounts
paid, any buy-in commitments for participation in the statewide
digital trunked radio system, or any obligation to pay an annual
user or other type of fee for participation in the state system. In
the event equipment or devices are directly purchased by
Telecommunications Services with fund moneys and then leased to the
applicant, a written lease agreement shall be executed by the
parties.
(C) Eligible entities may then, on forms provided by the office,
apply for distribution of fund moneys for reimbursement of costs or
to purchase qualifying public safety communications systems
equipment or devices. Applications for reimbursement must be filed
within 90 days of the incurred expenditures.
Effective date of rules is February 1, 1999; Statement of Basis
and Purpose adopted December 3, 1998.
