Section 24-33.5-2510 - Public safety communications trust fund - creation - report(1) The public safety communications trust fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money appropriated or transferred to the fund pursuant to subsections (2) and (3) of this section and any other money that the general assembly may appropriate or transfer to the fund. The money in the fund is continuously appropriated by the general assembly to the department for distribution as determined by rules adopted pursuant to section 24-33.5-2505 (1)(i). The primary purpose of such distribution is the acquisition and maintenance of public safety communications systems for use by departments including but not limited to the departments of public safety, transportation, natural resources, and corrections as provided in section 24-33.5-2505 (3)(b). Such systems shall satisfy the requirements of the public safety national plan established by the federal communications commission, 47 CFR 90.16. This section shall not preclude the payment of maintenance expenses including the cost of leased or rented equipment, payments to local governmental entities for radio communications systems, or payments related to public safety radio systems.(2)(a)(I) The general assembly declares its intention to commit state money to the fund for the purposes set forth in this section. Except as otherwise provided in subsection (2)(b) of this section, the total amount of the principal in the fund shall not exceed fifty million dollars.(II) Any transfer of state money to the fund for any fiscal year from money in the capital construction fund created in section 24-75-302 is continuously appropriated from the fund to the department for the purposes set forth in this section. Any money in the fund so appropriated that was initially transferred from money in the capital construction fund shall, if any project for which such money is appropriated is initiated within the fiscal year, remain available until completion of the project, at which time the unexpended and unencumbered balances of such appropriation shall revert to the fund.(b) In addition to any transfers made as a result of subsection (2)(a) of this section, the department may solicit and accept gifts, grants, donations, bequests, and other contributions to the fund from local, state, and federal entities and from public safety-related nonprofit organizations that directly support state departments, state institutions, state agencies, and law enforcement and public safety political subdivisions of the state. Such contributions shall be transmitted to the state treasurer, who shall credit the contributions to the fund.(3)(a)(I) For the 2023-24 and 2024-25 state fiscal years, the general assembly shall transfer to the fund a total of three million five hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be transferred from the general fund and the amount to be transferred from any other fund. The department shall use the money transferred to the fund pursuant to this subsection (3)(a)(I) for the replacement of legacy radio equipment and hardware at radio tower sites.(II) For the 2023-24 and 2024-25 state fiscal years, in addition to the amount transferred to the fund pursuant to subsection (3)(a)(I) of this section, the general assembly shall transfer to the fund three million seven hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be appropriated from the general fund and the amount to be appropriated from any other fund. The department shall use the money appropriated to the fund pursuant to this subsection (3)(a)(II) for software upgrade assurance.(III) The department may use any unencumbered and unexpended money transferred pursuant to subsections (3)(a)(I) and (3)(a)(II) of this section on digital trunked radio system site supporting infrastructure and digital trunked radio system supporting software and hardware.(b) On or before November 1, 2023, and on or before November 1 of each year thereafter through November 1, 2025, the department, in consultation with the department of corrections, the department of natural resources, the department of transportation, and any other state department or local or regional government deemed appropriate by the department, shall submit a report to the joint budget committee of the general assembly detailing the use of the money appropriated to the fund pursuant to subsection (3)(a) of this section. The report must include the following: (I) Comprehensive documentation regarding the purposes for which the money transferred pursuant to subsection (3)(a) of this section was used during the prior fiscal year and is being used during the current fiscal year and the anticipated use of the money that will be transferred in future fiscal years;(II) Of the total amount expended during the prior fiscal year for each of the purposes specified in subsections (3)(a)(I) and (3)(a)(II) of this section, the amount that was transferred from the general fund and the amount that was transferred from any other fund; and(III) For the transfer or transfers for the next fiscal year, a recommendation regarding the amount to be transferred from the general fund and the amount to be transferred from any other fund for each of the purposes specified in subsections (3)(a)(I) and (3)(a)(II) of this section.(4) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.(5) In authorizing distributions of principal and interest from the fund and purchasing, leasing, contracting for, and otherwise acquiring equipment for state entities, the director of the division shall consider the following: (a) 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;(b) The needs of local government entities that have recently invested in new radio systems, particularly in regard to interoperability; and(c) The promotion of an orderly transition from analog-based to digital-based radio systems.(6) In acquiring equipment pursuant to subsection (5) of this section, the director of the division shall develop bid specifications that identify all services, requirements, and costs consistent with existing state law.(7)(a) The director of the division shall keep an accurate account of all activities related to the fund including its receipts and expenditures and shall annually report in writing such account to the joint budget committee, created in section 2-3-201. The state auditor may investigate the affairs of the fund, severally examine the properties and records relating to the fund, and prescribe accounting methods and procedures for rendering periodical reports in relation to disbursements and purchases made from the fund.(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (7)(a) of this section continues indefinitely.(8) In the expenditure of any money from the fund for the acquisition, maintenance, or lease of any public safety radio communications systems equipment or any other communications devices or equipment, the director of the division shall ensure that such expenditures are made pursuant to the requirements set forth under the "Procurement Code", articles 101 to 112 of this title 24.Added by 2022 Ch. 479, § 3, eff. 7/1/2023.