Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0913.01 Megan Waples x4348
SENATE BILL 22-168
Senate Committees House Committees
Agriculture & Natural Resources Energy & Environment
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING SUPPORT FOR BACKCOUNTRY SEARCH AND RESCUE101
SERVICES IN COLORADO, AND, IN CONNECTION THEREWITH ,
102
MAKING AND REDUCING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill transfers the duties, powers, and functions of the
department of local affairs (DOLA) related to backcountry search and
rescue, the backcountry search and rescue card (card) and the backcountry
search and rescue fund (fund) to the division of parks and wildlife
(division), effective January 1, 2023. On and after January 1, 2023:
HOUSE
2nd Reading Unamended
May 2, 2022
SENATE
3rd Reading Unamended
April 25, 2022
SENATE
Amended 2nd Reading
April 22, 2022
SENATE SPONSORSHIP
Donovan and Rankin, Bridges, Buckner, Coram, Danielson, Fenberg, Fields, Ginal,
Gonzales, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Rodriguez, Scott, Simpson,
Sonnenberg, Winter
HOUSE SPONSORSHIP
McCluskie and Will,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! All positions of employment and appropriations for
personal services in DOLA related to backcountry search
and rescue and the administration of the card and fund are
transferred to the division;
! The division is required to administer the card program and
to process requests for reimbursement for search and rescue
efforts from the fund and assumes all rights and obligations
previously vested in DOLA;
! The parks and wildlife commission is required to
promulgate rules establishing the price and vendor fee for
the card, and the amount of the surcharges imposed on
certain hunting and fishing licenses and on boats,
snowmobile, and off-highway vehicle registrations that are
credited to the fund; and
! The fund is continuously appropriated to the division to
reimburse local governments for backcountry search and
rescue efforts and to support search and rescue efforts
throughout the state.
The bill amends current laws providing immunity from civil
liability in certain circumstances to volunteer firefighters and incident
management teams responding to emergencies and to volunteers
providing services to nonprofit organizations to include individuals
engaged in backcountry search and rescue efforts.
The bill makes a dependent of a person who died or was
permanently disabled while engaged in backcountry search and rescue
efforts eligible for educational benefits that are currently extended to the
dependents of individuals who die or are permanently disabled while on
active duty as a Colorado National Guardsman or while working as a
police officer, sheriff, or other law enforcement officer or firefighter.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 33-1-112, add (1.7)
2
as follows:3
33-1-112. Funds - cost accounting - definition - repeal.4
(1.7) (a) W
ITHIN THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
5
SUBSECTION (1.7), THE STATE TREASURER SHALL TRANSFER ONE MILLION6
DOLLARS FROM THE GENERAL FUND TO THE WILDLIFE CASH FUND .7
N
OTWITHSTANDING SECTION 33-1-112.5 (4), THE DIVISION MAY USE THE
8
168-2- MONEY TO:1
(I) S
UPPORT THE GOALS STATED IN SECTION 33-12-108
2
(2)(a)(IV)(C);3
(II) S
UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE
4
ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY5
COMPLETED PURSUANT TO SECTION 33-10-116; AND6
(III) C
OVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
7
EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES .8
(b) T
HIS SUBSECTION (1.7) IS REPEALED, EFFECTIVE JULY 1, 2025.
9
SECTION 2. In Colorado Revised Statutes, 33-1-112.5, amend10
(1), (2), (3), (4), (6), (9)(a), and (9)(b); repeal (5); and add (10) as11
follows:12
33-1-112.5. Backcountry search and rescue fund - repeal.13
(1) (a) There is hereby created in the state treasury a backcountry search14
and rescue fund, Such fund is established REFERRED TO IN THIS SECTION15
AS THE "FUND". THE FUND CONSISTS OF MONEY CREDITED TO THE FUND16
PURSUANT TO THIS SECTION AND SECTION 33-12-108 (4)(e)(I)(B), AND17
ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR18
TRANSFER TO THE FUND.19
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND20
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE21
FUND TO THE FUND.22
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE23
DEPARTMENT FOR USE BY THE DIVISION AS FOLLOWS :24
(I) T
HE DIVISION MAY USE MONEY CREDITED TO THE FUND25
PURSUANT TO SUBSECTION (9) OF THIS SECTION AND SECTION 33-12-10826
(4)(e)(I)(B),
AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY27
168
-3- APPROPRIATE OR TRANSFER TO THE FUND TO :1
(A) S
UPPORT THE GOALS STATED IN SECTION 33-12-1082
(2)(a)(IV)(C);3
(B) S
UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE4
ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY5
COMPLETED PURSUANT TO SECTION 33-10-116; AND6
(C) C
OVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED7
EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES .8
(II) T
HE DIVISION MAY USE MONEY CREDITED TO THE FUND9
PURSUANT TO SUBSECTION (2) OF THIS SECTION to assist any agency or10
political subdivision of the state of Colorado for costs incurred in11
backcountry search and rescue activities involving persons holding12
hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle13
registrations; or a Colorado outdoor recreation backcountry search and14
rescue card
PURSUANT TO SUBSECTION (3) OF THIS SECTION. Reimbursable15
costs are limited to actual operational expenses. Reimbursable costs shall
16
DO not include salaries paid to persons permanently employed by the17
agency or political subdivision.18
(d) T
HE DIVISION MAY USE A PORTION OF THE MONEY IN THE FUND19
FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THIS SECTION .20
(2) (a) (I) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT21
IN RULES PROMULGATED PURSUANT TO SUBSECTION (2)(a)(II) OF THIS22
SECTION, a surcharge of twenty-five cents shall be assessed on each23
license listed in section 33-4-102 (1) and (1.4) that is sold by the division24
or one of its license agents pursuant to section 33-4-101. Receipts and25
interest from the surcharge shall be deposited in the backcountry search26
and rescue fund created in subsection (1) of this section.27
168
-4- (II) ON OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL1
PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE2
THAT SHALL BE ASSESSED ON EACH LICENSE LISTED IN SECTION 33-4-1023
(1)
AND (1.4) THAT IS SOLD BY THE DIVISION OR ONE OF ITS LICENSE4
AGENTS PURSUANT TO SECTION 33-4-101. RECEIPTS AND INTEREST FROM5
THE SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND6
RESCUE FUND CREATED IN SUBSECTION (1) OF THIS SECTION.7
(b) (I) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN8
RULES PROMULGATED PURSUANT TO SUBSECTION (2)(b)(II) OF THIS9
SECTION, a surcharge of twenty-five cents shall be assessed on each10
vessel, each snowmobile, and each off-highway vehicle registration that11
is sold by the division or one of its agents pursuant to section 33-13-103,12
33-14-102, or 33-14.5-102. Receipts and interest from the surcharge shall13
be deposited in the backcountry search and rescue fund created in14
subsection (1) of this section. To coincide with annual registration
15
renewal schedules, the surcharge shall be assessed on an annual basis16
beginning on October 1, 1992, for snowmobile registrations, January 1,17
1993, for vessel registrations, and April 1, 1993, for off-highway vehicle18
registrations.19
(II) O
N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL20
PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE21
THAT SHALL BE ASSESSED ON EACH VESSEL , EACH SNOWMOBILE, AND22
EACH OFF-HIGHWAY VEHICLE REGISTRATION THAT IS SOLD BY THE23
DIVISION OR ONE OF ITS AGENTS PURSUANT TO SECTION 33-13-103,24
33-14-102,
OR 33-14.5-102. RECEIPTS AND INTEREST FROM THE25
SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND26
RESCUE FUND CREATED IN SUBSECTION (1) OF THIS SECTION.27
168
-5- (c) (I) The general assembly hereby creates the Colorado outdoor1
recreation backcountry search and rescue card program. The department2
of local affairs DIVISION shall make a Colorado outdoor recreation3
backcountry search and rescue card available to the public in accordance4
with this subsection (2)(c) to backpackers, hikers, mountain and trail5
bikers, cross country skiers, and other persons who use the Colorado6
backcountry for recreation. The department of local affairs DIVISION shall7
establish procedures for the licensing of vendors who sell the outdoor8
recreation backcountry search and rescue card, the printing of such cards,9
and the distribution of such cards to vendors for sale to the public.10
(II) (A) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN11
RULES PROMULGATED PURSUANT TO SUBSECTION (2)(c)(II)(B) OF THIS12
SECTION, the Colorado outdoor recreation backcountry search and rescue13
card shall cost
COSTS three dollars and shall be IS valid for one year from14
the date of purchase. The department DIVISION shall charge vendors two15
dollars for each Colorado outdoor recreation backcountry search and16
rescue card, which shall be transmitted to the state treasurer, who shall17
credit the amount to the backcountry search and rescue fund created in18
subsection (1) of this section. The remaining one dollar shall be retained19
by the vendor as the vendor's fee.20
(B) O
N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL21
PROMULGATE RULES ESTABLISHING THE PRICE AND VENDOR FEE FOR THE22
C
OLORADO OUTDOOR RECREATION BACKCOUNTRY SEARCH AND RESCUE23
CARD. MONEY FROM THE SALE OF THE CARDS SHALL BE TRANSMITTED TO24
THE STATE TREASURER , WHO SHALL CREDIT THE AMOUNT TO THE25
BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN SUBSECTION (1) OF26
THIS SECTION.27
168
-6- (III) The department DIVISION may issue a multi-year Colorado1
outdoor recreation backcountry search and rescue card that shall be IS2
valid for a period not to exceed five years. Such THE multi-year card may3
be offered at a reduced rate to vendors with a reduced vendor fee to4
reflect administrative cost savings and other considerations.5
(IV) The general assembly finds and declares that the Colorado6
outdoor recreation backcountry search and rescue card program is a new7
program. P
RIOR TO JANUARY 1, 2023, the department of local affairs is8
therefore
authorized to contract, pursuant to section 24-50-504 (2)(b),9
with a person, corporation, or entity for any elements of the10
administration of the program created by this subsection (2)(c). O
N AND11
AFTER JANUARY 1, 2023, THE DIVISION ASSUMES THE RIGHTS ,12
RESPONSIBILITIES, AND OBLIGATIONS OF THE DEPARTMENT OF LOCAL13
AFFAIRS UNDER ANY CONTRACT ENTERED INTO PURS UANT TO THIS14
SUBSECTION (2)(c)(IV) AND IS AUTHORIZED TO CONTRACT, PURSUANT TO15
SECTION 24-50-504 (2)(b), WITH A PERSON, CORPORATION, OR ENTITY FOR16
ANY ELEMENTS OF THE ADMINISTRATION OF THE PROGRAM CREATED BY17
THIS SUBSECTION (2)(c).18
(3) All agencies and political subdivisions of the state shall
have19
the right to make a claim on REQUEST FOR REIMBURSEMENT FROM the20
backcountry search and rescue fund for reimbursement of costs incurred21
in the performance of backcountry search and rescue activities involving22
those persons specified in subsection (1)(c)(II) of this section. Such23
claims REQUESTS shall be submitted to the department of local affairs24
DIVISION for immediate consideration. Any reimbursement claims25
REQUESTS which have been certified by the sheriff of the county in which26
the backcountry search and rescue activity occurred shall be eligible for27
168
-7- payment by the department of local affairs DIVISION. The department of1
local affairs DIVISION shall establish rules for the procedure through2
which claims shall REQUESTS MUST be submitted and for payment of such3
claims REQUESTS.4
(4) The backcountry search and rescue fund created in subsection5
(1) of this section shall be the sole source of funds for the reimbursement6
of costs incurred under this section in backcountry search and rescue7
activities involving those persons specified in subsection (1) of this8
section. The wildlife cash fund established in section 33-1-112 and the9
parks and outdoor recreation cash fund established in section 33-10-11110
shall not be used for reimbursement of costs as provided in
SUBSECTION
11
(1)(c)(II)
OF this section.
12
(5) The money in the backcountry search and rescue fund created13
in subsection (1) of this section shall be subject to annual appropriation14
by the general assembly for the direct and indirect costs of the15
administration of this section.16
(6) At the close of any fiscal year, all of the money remaining in17
the backcountry search and rescue fund and appropriated for backcountry18
search and rescue expenses THAT WAS CREDITED TO THE FUND PURSUANT19
TO SUBSECTION (2) OF THIS SECTION, after all approved claims REQUESTS20
FOR REIMBURSEMENT and administrative costs have been paid, shall be21
USED FIRST TO PAY FOR UNREIMBURSED BACKCOUNTRY SEARCH AND22
RESCUE INCIDENTS AND THEN SHALL BE divided among those counties that23
have applied to the department of local affairs DIVISION for year-end24
grants or reimbursements from the backcountry search and rescue fund.25
The department of local affairs shall divide such money among the26
counties, first making payment for uncompensated backcountry searches27
168
-8- and rescues of parents, siblings, spouses, children, or grandchildren of1
persons holding hunting or fishing licenses, vessel, snowmobile, or2
off-highway vehicle registrations, or the owner of a Colorado outdoor3
recreation backcountry search and rescue card and second making4
payment for backcountry-search-and-rescue-related training and5
equipment, and for any other uncompensated backcountry search and6
rescue incidents. The department of local affairs DIVISION shall establish7
operating procedures for applying for year-end grants or reimbursements8
from the money remaining in the backcountry search and rescue fund IN9
ACCORDANCE WITH THIS SUBSECTION (6).10
(9) (a) Within three days after June 21, 2021, the state treasurer11
shall transfer two million two hundred fifty thousand dollars from the12
general fund to the backcountry search and rescue fund for use by the13
department of local affairs in consultation with the division to support14
backcountry search and rescue efforts, including to cover response costs,15
equipment, and other related expenses. O
N AND AFTER JANUARY 1, 2023,16
ANY UNSPENT MONEY FROM THE TRANSFER MADE PURSUANT TO THIS17
SUBSECTION (9)(a) IS FOR USE BY THE DIVISION PURSUANT TO SUBSECTION18
(1)(c)(I)
OF THIS SECTION.19
(b) The restrictions on use of money set forth in this section do not20
apply to the department of local affairs' use,
PRIOR TO JANUARY 1, 2023,21
of the money transferred pursuant to subsection (9)(a) of this section. O
N22
AND AFTER JANUARY 1, 2023, THE DIVISION MAY USE THE MONEY23
TRANSFERRED PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION IN24
ACCORDANCE WITH SUBSECTION (1)(c)(I) OF THIS SECTION.25
(c) O
N JANUARY 2, 2023, IF THERE IS ANY UNOBLIGATED AND
26
UNEXPENDED MONEY FROM THE TRANSFER REQUIRED BY SECTION27
168
-9- 33-1-112 (1.7)(a) IN THE WILDLIFE CASH FUND CREATED IN SECTION1
33-1-112
(1), THE STATE TREASURER SHALL TRANSFER THE REMAINING
2
MONEY FROM THE WILDLIFE CASH FUND TO THE BACKCOUNTRY SEARCH3
AND RESCUE FUND ON THAT DATE .4
(10) (a) O
N AND AFTER JANUARY 1, 2023, THE DIVISION SHALL5
EXECUTE, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS,6
DUTIES, FUNCTIONS, AND OBLIGATIONS PREVIOUSLY VESTED UNDER THIS7
SECTION IN THE DEPARTMENT OF LOCAL AFFAIRS .8
(b) E
FFECTIVE ON JANUARY 1, 2023, ALL POSITIONS OF9
EMPLOYMENT AND APPROPRIATIONS FOR PERSONAL SERVICES IN THE10
DEPARTMENT OF LOCAL AFFAIRS RELATED TO PERFORMING THE POWERS ,11
DUTIES, AND FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO12
THIS SUBSECTION (10) AND DETERMINED BY THE DIVISION TO BE13
NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION ARE14
TRANSFERRED TO THE DIVISION AND ARE EMPLOYMENT POSITIONS15
THEREIN. ALL SUCH EMPLOYEES ARE EMPLOYEES OF THE DIVISION AND16
RETAIN ALL RIGHTS UNDER THE STATE PERSONNEL SYSTEM AND TO17
RETIREMENT BENEFITS PURSUANT TO THE LAWS OF THIS STATE , AND THEIR18
SERVICES ARE DEEMED CONTINUOUS .19
(c) A
LL RULES AND POLICIES OF THE DEPARTMENT OF LOCAL20
AFFAIRS ADOPTED PURSUANT TO THIS SECTION AND IN EFFECT AS OF21
J
ANUARY 1, 2023, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED22
BY THE DIVISION UNTIL SUPERSEDED, REVISED, AMENDED, REPEALED, OR23
NULLIFIED PURSUANT TO LAW. THE DIVISION SHALL ADOPT ANY RULES OR24
POLICIES NECESSARY FOR THE ADMINISTRATION OF THIS SECTION AND AS25
OTHERWISE AUTHORIZED BY LAW . BEFORE INITIATING ITS FIRST
26
RULE-MAKING OR ADOPTING INITIAL POLICIES PURSUANT TO THIS27
168
-10- SUBSECTION (10)(c), THE DIVISION SHALL CONSULT WITH THE COUNTY1
SHERIFFS AND THE COLORADO SEARCH AND RESCUE ASSOCIATION FOR2
INPUT ON CHANGES THAT ARE NECESSARY TO ADMINISTER THIS SECTION .3
(d) A
NY REQUESTS FOR REIMBURSEMENT SUBMITTED TO THE4
DEPARTMENT OF LOCAL AFFAIRS PRIOR TO JANUARY 1, 2023, PURSUANT5
TO SUBSECTION (3) OF THIS SECTION THAT HAVE NOT BEEN PROCESSED OR6
PAID ON JANUARY 1, 2023, ARE TRANSFERRED TO THE DIVISION FOR7
IMMEDIATE CONSIDERATION AND PAYMENT PURSUANT TO RULES ADOPTED8
BY THE DEPARTMENT OF LOCAL AFFAIRS , UNTIL SUCH RULES ARE9
SUPERSEDED, REVISED, REPEALED, OR AMENDED BY THE DIVISION.10
(e) A
NY SUIT, ACTION, OR OTHER PROCEEDING , JUDICIAL OR11
ADMINISTRATIVE, RELATED TO THE ADMINISTRATION OF THIS SECTION AND12
LAWFULLY COMMENCED , OR WHICH COULD HAVE BEEN COMMENCED , BY13
OR AGAINST THE DEPARTMENT OF LOCAL AFFAIRS , OR ANY OFFICER14
THEREOF IN SUCH OFFICER'S OFFICIAL CAPACITY OR IN RELATION TO THE15
DISCHARGE OF THE OFFICIAL'S DUTIES UNDER THIS SECTION, IS ABATED BY16
REASON OF THE TRANSFER OF DUTIES AND FUNCTIONS TO THE DIVISION17
PURSUANT TO THIS SUBSECTION (10).18
SECTION 3.
In Colorado Revised Statutes, 13-21-113.7, amend19
(1) and (2)(c) as follows:20
13-21-113.7. Immunity of volunteer firefighters, volunteers,21
incident management teams, and their employers or organizations -22
definitions - legislative declaration. (1) A volunteer firefighter or23
volunteer who, in good faith, takes part in firefighting efforts or provides24
emergency care, rescue, assistance, or recovery services at the scene of an25
emergency, any incident management team, and any person who, in good26
faith, commands, directs, employs, sponsors, or represents any such27
168
-11- volunteer firefighter, volunteer, or incident management team shall not1
be liable for civil damages as a result of an act or omission by such2
volunteer firefighter, volunteer, incident management team, or other3
person in connection with the emergency
OR WITH ACTIVITIES DESCRIBED
4
IN SECTION 33-1-102 (1.3); except that this exemption shall not apply to5
grossly negligent, willful, wanton, or reckless acts or omissions.6
(2) As used in this section:7
(c) "Incident management team" means an ad hoc or standing8
team of trained personnel from different departments, organizations,9
agencies, and jurisdictions,
INCLUDING PERSONS ENGAGED IN10
BACKCOUNTRY SEARCH AND RESCUE EFFORTS AS DEFINED IN SECTION11
33-1-102
(1.3), activated to manage the logistical, fiscal, planning,12
operational, safety, and community issues related to an emergency or13
other incident.14
SECTION 4.
In Colorado Revised Statutes, 13-21-115.5, amend15
(3)(c)(II)(R) and (3)(c)(III); and add (3)(c)(II)(T) and (3)(c)(II)(U) as16
follows:17
13-21-115.5. Volunteer service act - immunity - exception for18
operation of motor vehicles - short title - legislative declaration -19
definitions. (3) As used in this section, unless the context otherwise20
requires:21
(c) (II) "Volunteer" includes:22
(R) A licensed dentist or dental hygienist governed by article 22023
of title 12 performing the practice of dentistry or dental hygiene, as24
defined in section 12-220-104 and as described in section 12-220-305, as25
a volunteer for a nonprofit organization, nonprofit corporation,26
governmental entity, or hospital; or a dentist or dental hygienist who27
168
-12- holds a license in good standing from another state performing the1
practice of dentistry or dental hygiene, as defined in section 12-220-1042
and as described in section 12-220-305, as a volunteer for a nonprofit3
organization, nonprofit corporation, governmental entity, or hospital4
pursuant to section 12-220-302 (1)(j); and5
(T) A
VOLUNTEER
MEMBER OF A RESCUE UNIT AS DEFINED IN6
SECTION 25-3.5-103 (11); AND7
(U) A
PERSON ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE8
EFFORTS AS DEFINED IN SECTION 33-1-102 (1.3).9
(III) The nonprofit organization, nonprofit corporation,10
governmental entity, or hospital for which a volunteer performs shall11
annually verify that the volunteer holds an unrestricted Colorado license,12
registration, or certification to practice his or her
THE VOLUNTEER'S13
respective profession,
IF A LICENSE, REGISTRATION, OR CERTIFICATION IS14
REQUIRED FOR THE VOLUNTEER 'S PROFESSION.15
SECTION 5.
In Colorado Revised Statutes, 23-3.3-205, amend16
(1)(a); and add (3)(c) as follows:17
23-3.3-205. Dependents of deceased or permanently disabled18
National Guardsman, law enforcement officer, or firefighter.19
(1) (a) Any dependent of a person who died or was permanently disabled20
while on state active duty, federalized active duty, or authorized training21
duty as a Colorado National Guardsman or any dependent of any person22
who has been permanently disabled or killed while acting to preserve the23
public peace, health, and safety in the capacity of police officer, sheriff,24
or other law enforcement officer or firefighter
OR ANY DEPENDENT OF A25
PERSON, INCLUDING A VOLUNTEER, WHO DIED OR WAS PERMANENTLY26
DISABLED WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE27
168
-13- ACTIVITIES, AS DEFINED IN SECTION 33-1-102 (1.3), upon being accepted1
for enrollment into any state institution, shall be permitted to pursue2
studies leading toward his or her first bachelor's degree or certificate of3
completion, free of tuition and free of room and board charges of the4
institution, for so long as said dependent achieves and maintains a5
cumulative grade point average of 2.5 or above based upon a 4.0 scale,6
but said benefits shall not be extended beyond six years from the date of7
enrollment. Such dependents pursuing studies at a nonpublic institution8
of higher education within the state of Colorado shall be eligible for9
assistance not to exceed the average cost of undergraduate instruction10
calculated for a full-time equivalent student at a comparable state11
institution for the previous year, and the average cost of room and board12
calculated for a full-time equivalent student at all state institutions for the13
previous year. Such dependents pursuing studies at an out-of-state14
institution of higher education shall be eligible for assistance not to15
exceed the average cost of undergraduate instruction calculated for a16
full-time equivalent student at a comparable state institution for the17
previous year. The commission shall provide tuition and, if appropriate,18
room and board assistance to such qualified students from appropriated19
student financial assistance funds.20
(3) (c) A
N INDIVIDUAL WHO HAS BEEN PERMANENTLY DISABLED21
WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES , AS22
DEFINED IN SECTION 33-1-102 (1.3), IS PERMANENTLY DISABLED FOR THE23
PURPOSE OF DETERMINING ELIGIBILITY OF DEPENDENTS TO QUALIFY FOR24
EDUCATIONAL BENEFITS IF THE INDIVIDUAL IS , AS A RESULT OF THE25
DISABILITY, UNABLE TO PERFORM IN THE POSITION TO WHICH THE26
INDIVIDUAL WAS REGULARLY ASSIGNED AT THE TIME THE INDIVIDUAL27
168
-14- BECAME DISABLED , OR, IF THE INDIVIDUAL WAS ENGAGED IN1
BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES AS A VOLUNTEER , IS2
UNABLE TO ENGAGE IN ANY SUBSTANTIAL FULL -TIME GAINFUL ACTIVITY3
BY REASON OF MEDICALLY DETERMINABLE PHYSICAL OR MENTAL4
IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS5
LASTED FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS6
AND EXISTS AT THE TIME THE DEPENDENT SEEKS ENTRY INTO AN7
INSTITUTION.8
SECTION 6. Appropriation - adjustments to 2022 long bill.9
(1) To implement this act, the cash funds appropriation from the10
backcountry search and rescue fund created in section 33-1-112.5 (1),11
C.R.S., made in the annual general appropriation act for the 2022-23 state12
fiscal year to the department of local affairs for use by the division of13
local government for the search and rescue program is decreased by14
$314,123.15
(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated16
to the department of natural resources for use by the division of parks and17
wildlife. This appropriation is from the wildlife cash fund created in18
section 33-1-112 (1)(a), C.R.S. To implement this act, the division may19
use this appropriation for backcountry search and rescue activities20
pursuant to section 33-1-112 (1.7), C.R.S.21
SECTION 7. Effective date. This act takes effect upon passage;22
except that section 33-1-112.5 (1), (2), (3), (4), (5), and (6), Colorado23
Revised Statutes, as amended in section 1 of this act, take effect January24
1, 2023.25
SECTION 8. Safety clause. The general assembly hereby finds,26
168
-15- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
168
-16-