CO Code § 24-37.5-502 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 37.5 - Office of Information Technology|Part 5 - Telecommunications Coordination Within State Government|§ 24-37.5-502. Duties and Responsibilities

  The chief information officer shall perform the following functions:   In consultation with local, state, and federal departments, institutions, and agencies, formulate recommendations for a current and long-range telecommunications plan, involving telephone, radio, microwave, facsimile closed circuit and cable television, teleconferencing, public broadcast, data communications transmission circuits, fiber optics, satellites, cellular radio, and public safety radio communications systems required by the FCC public safety national plan and their integration into applicable telecommunications networks for approval of the governor;    Administer the approved current and long-range plan for telecommunications and exercise general supervision over all telecommunications networks, systems, and microwave facilities, subject to the exception stated in subsection (2) of this section;    Review all existing and future telecommunications applications, planning, networks, systems, programs, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this part 5;    Approve or disapprove the acquisition of telecommunications equipment and necessary licenses by any state department, institution, or agency;    Establish telecommunications procedures, standards, and records for management of telecommunications networks and facilities for all state departments, institutions, and agencies;    Continually review, assess, and insure compliance with federal and state telecommunications regulations pertaining to the needs and functions of state departments, institutions, and agencies;    Advise the governor and general assembly on telecommunications matters;    Cooperate with and assist nonprofit regional broadcasting corporations, as appropriate and if resources are available, in the development of regional noncommercial television and radio networks and local facilities, including acting as the agency by which the state participates in any such regional broadcasting corporation;    Administer the public safety communications trust fund created in section 24-37.5-506; and    Adopt rules in accordance with the "State Administrative Procedure Act", article 4 of this title, regarding distributions of public safety communications trust fund moneys to and repayment of such moneys by state and local governments.       Notwithstanding the functions enumerated in paragraph (b) of subsection (1) of this section and paragraph (a) of subsection (4) 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 that are performed by radio dispatchers and telephone operators shall be vested in the chief of the Colorado state patrol.    The chief information officer may enter into contracts with any county, city and county, state agency, private school, school district, board of cooperative educational services, or library and may act as a telecommunications network provider between or among two or more counties or state agencies for the purpose of providing teleconferencing facilities and services between or among such entities, including the judicial system of any county, the department of corrections, and the department of human services and any of their facilities. To assure the availability of such network throughout the various state agencies, private schools, school districts, boards of cooperative educational services, libraries, and counties, the chief information officer shall develop a uniform set of standards for facilities to be utilized by the contracting entities.    The chief information officer shall:   In consultation with recognized public safety radio communication standards groups, appropriate affected public agencies, and the chief of the Colorado state patrol, adopt recommended standards for the replacement of analog-based equipment with digital-based radio equipment for purposes of dispatching and related functions within the department of public safety; and    For purposes of serving the radio communications needs of state departments, including, but not limited to, the departments of public safety, transportation, natural resources, and corrections, adopt recommended standards and set a timetable for the replacement of existing radio telecommunications equipment with a system that satisfies the requirements of the FCC public safety national plan.   (4.5) (a) The chief information officer is authorized, subject to the budget request requirements set forth in sections 2-3-208 and 24-37-304 (1)(c.3) and 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;    Other local, state, and federal governmental entities or public safety-related nonprofit organizations that directly support any agency described in subsection (4.5)(b)(I) of this section and that:   May be requested to support the purposes expressed in subsection (1)(c) and (1)(e) of this section and aggregate telecommunications service requirements of any public office described in section 24-32-3001 (1)(h); or    Make donations, grants, bequests, and other contributions to the public safety communications trust fund pursuant to section 24-37.5-506 (2)(b); or       (A) Private entities through public-private partnerships considered, evaluated, and accepted by the chief information officer; except that any negotiated lease rates must be based on local market-based lease rates in the area.             The chief information officer shall carry out all duties and responsibilities set forth in this section in a manner that is consistent with the objective of maximizing access to digital networks of the state by all public offices of all levels, branches, and political subdivisions of the state within every community of the state. In particular, within available resources and as soon as is feasible, the chief information officer shall provide connections proposed and approved by the department of local affairs, created in section 24-1-125, through the community-based access grant program established under section 24-32-3001 and may act as a network provider between or among all public offices as defined in said section. To the extent possible and if technically feasible, the bidding and the method of awarding the contract for telecommunications services under section 24-32-3001 should be structured in a manner as to allow the greatest number of providers to participate in the bidding and the award of the contract.     Source: L. 2008: Entire part added with relocations, p. 1122, § 9, effective May 22. L. 2011: (3) amended, (SB 11-062), ch. 128, p. 433, § 12, effective April 22. L. 2018: (4.5) added with relocated provisions, (HB 18-1373), ch. 390, p. 2340, § 3, effective August 8.   Editor's note: (1) This section is similar to former § 24-30-903 as it existed prior to 2008.   (2) Subsection (4.5) is similar to former § 24-33.5-223 (2) as it existed prior to 2018.   Cross references: For the legislative declaration in HB 18-1373, see section 1 of chapter 390, Session Laws of Colorado 2018.