Colorado § 29-11-104 - Use of money collected.

§ 29-11-104. Use of money collected.

(1) Repealed.

(2) (a) (I) Money collected from the emergency telephone charge imposed pursuant to section 29-11-102, the 911 surcharge imposed pursuant to section 29-11-102.3, and the prepaid wireless 911 charge imposed pursuant to section 29-11-102.5 shall be spent by or on behalf of a governing body solely to pay for:

(A) Costs associated with the lease or purchase, installation, engineering, programming, maintenance, monitoring, security, planning, and oversight of equipment, facilities, hardware, software, and databases used to receive and dispatch 911 calls;

(B) Charges of basic emergency service providers (BESPs) for the provision of basic emergency service;

(C) Costs related to the provision of the emergency notification service and emergency telephone service, including costs associated with total implementation of both services by emergency service providers, including costs for programming, emergency medical services provided by telephone, radio equipment within the PSAP, and training for PSAP personnel including but not limited to emergency communications specialists, technical support personnel responsible for the maintenance of PSAP systems, and other personnel essential to the provision of emergency telephone services, emergency notification services, and emergency medical dispatch;

(D) Costs associated with the operation of emergency telephone service and emergency notification service, including recordkeeping, administrative, and facilities costs, whether the facilities are leased or owned;

(E) Membership fees for state or national industry organizations supporting 911; and

(F) Other costs directly related to the continued operation of the emergency telephone service and the emergency notification service.

(II) If money is available after the costs and charges enumerated in subsection (2)(a)(I) of this section are fully paid in a given year, the money may be expended for:

(A) Public safety radio equipment outside the PSAP that is used for dispatching emergency service providers to respond to 911 calls; or

(B) Personnel expenses necessarily incurred for a PSAP or the governing body in the provision of emergency telephone service.

(b) Repealed.

(c) (Deleted by amendment, L. 2004, p. 1880, § 3, effective July 1, 2004.)

(3) A public agency shall credit money from the charges imposed pursuant to sections 29-11-102, 29-11-102.3, and 29-11-102.5 to a cash fund, apart from the general fund of the public agency, for payments pursuant to subsection (2) of this section. Any money remaining in such cash fund at the end of any fiscal year remains in the cash fund for payments during any succeeding year; except that, if such emergency telephone service is discontinued, money remaining in the fund after all payments to the service suppliers, basic emergency service providers, and all equipment suppliers pursuant to subsection (2) of this section have been made shall be transferred to the general fund of the public agency or proportionately to the general fund of each participating public agency.

(4) A wireless carrier or BESP that provides wireless ALI or wireless ANI services at the request of a governing body, and pursuant to a contract between the wireless carrier or BESP and the governing body, shall be reimbursed by such governing body or its designee for the costs incurred in making any equipment changes necessary for the provision of such services.

(5) Each governing body shall include as a part of the audit required by part 6 of article 1 of this title an audit on the use of the funds collected from the charges imposed pursuant to this article for compliance with paragraph (a) of subsection (2) of this section. A copy of each audit report shall be made available on the governing body's website if the governing body has a website.

Source: L. 81: Entire article added, p. 1418, § 1, effective May 26. L. 85: (2) and (3) amended, p. 1053, § 3, effective April 17. L. 92: (2) amended, p. 964, § 1, effective June 1. L. 95: (2) amended, p. 247, § 1, effective April 17. L. 97: (2) and (3) amended and (4) added, p. 575, § 5, effective April 30. L. 2002: (2)(a)(I)(C) and (2)(a)(I)(D) amended and (2)(a)(I)(E) added, p. 83, § 2, effective March 22. L. 2004: (2) amended, p. 1880, § 3, effective July 1. L. 2008: (5) added, p. 685, § 4, effective August 5. L. 2020: (1) and (2)(b) repealed and (2)(a) and (3) amended, (HB 20-1293), ch. 267, p. 1294, § 8, effective July 10. L. 2024: (2)(a)(I)(C) amended, (HB 24-1016), ch. 28, p. 88, § 2, effective August 7. L. 2026: (2)(a)(II)(A) amended, (HB 26-1326), ch. 210, p. 1240, § 43, effective August 12.

Editor's note: Section 50(2) of chapter 210 (HB 26-1326), Session Laws of Colorado 2026, provides that the act changing this section applies to conduct occurring on or after August 12, 2026.