Colorado 2022 Regular Session

Colorado Senate Bill SB168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0913.01 Megan Waples x4348
1	8		SENATE BILL 22-168
2		-	BY SENATOR(S) Donovan and Rankin, Bridges, Buckner, Coram,
3		-	Danielson, Fields, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Lee,
4		-	Moreno, Pettersen, Rodriguez, Scott, Simpson, Sonnenberg, Winter,
5		-	Fenberg;
6		-	also REPRESENTATIVE(S) McCluskie and Will, Amabile, Bacon,
7		-	Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich,
8		-	Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine,
9		-	McCormick, McLachlan, Michaelson Jenet, Mullica, Pico, Rich, Ricks,
10		-	Roberts, Sirota, Snyder, Soper, Titone, Valdez A., Valdez D., Woodrow.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Energy & Environment
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
11	13		C
12		-	ONCERNING SUPPORT FOR BACKCOUNTRY SEARCH AND RESCUE SERVICES
13		-	IN
14		-	COLORADO, AND, IN CONNECTION THEREWITH , MAKING AND
15		-	REDUCING AN APPROPRIATION
16		-	.
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 33-1-112, add (1.7) as
19		-	follows:
20		-	33-1-112. Funds - cost accounting - definition - repeal.
	14	+	ONCERNING SUPPORT FOR BACKCOUNTRY SEARCH AND RESCUE101
	15	+	SERVICES IN COLORADO, AND, IN CONNECTION THEREWITH ,
	16	+	102
	17	+	MAKING AND REDUCING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill transfers the duties, powers, and functions of the
	26	+	department of local affairs (DOLA) related to backcountry search and
	27	+	rescue, the backcountry search and rescue card (card) and the backcountry
	28	+	search and rescue fund (fund) to the division of parks and wildlife
	29	+	(division), effective January 1, 2023. On and after January 1, 2023:
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 3, 2022
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 2, 2022
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 25, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 22, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Donovan and Rankin, Bridges, Buckner, Coram, Danielson, Fenberg, Fields, Ginal,
	44	+	Gonzales, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Rodriguez, Scott, Simpson,
	45	+	Sonnenberg, Winter
	46	+	HOUSE SPONSORSHIP
	47	+	McCluskie and Will, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter,
	48	+	Duran, Esgar, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay,
	49	+	Lontine, McCormick, McLachlan, Michaelson Jenet, Mullica, Pico, Rich, Ricks, Roberts,
	50	+	Sirota, Snyder, Soper, Titone, Valdez A., Valdez D., Woodrow
	51	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	52	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	53	+	Dashes through the words indicate deletions from existing statute. ! All positions of employment and appropriations for
	54	+	personal services in DOLA related to backcountry search
	55	+	and rescue and the administration of the card and fund are
	56	+	transferred to the division;
	57	+	! The division is required to administer the card program and
	58	+	to process requests for reimbursement for search and rescue
	59	+	efforts from the fund and assumes all rights and obligations
	60	+	previously vested in DOLA;
	61	+	! The parks and wildlife commission is required to
	62	+	promulgate rules establishing the price and vendor fee for
	63	+	the card, and the amount of the surcharges imposed on
	64	+	certain hunting and fishing licenses and on boats,
	65	+	snowmobile, and off-highway vehicle registrations that are
	66	+	credited to the fund; and
	67	+	! The fund is continuously appropriated to the division to
	68	+	reimburse local governments for backcountry search and
	69	+	rescue efforts and to support search and rescue efforts
	70	+	throughout the state.
	71	+	The bill amends current laws providing immunity from civil
	72	+	liability in certain circumstances to volunteer firefighters and incident
	73	+	management teams responding to emergencies and to volunteers
	74	+	providing services to nonprofit organizations to include individuals
	75	+	engaged in backcountry search and rescue efforts.
	76	+	The bill makes a dependent of a person who died or was
	77	+	permanently disabled while engaged in backcountry search and rescue
	78	+	efforts eligible for educational benefits that are currently extended to the
	79	+	dependents of individuals who die or are permanently disabled while on
	80	+	active duty as a Colorado National Guardsman or while working as a
	81	+	police officer, sheriff, or other law enforcement officer or firefighter.
	82	+	Be it enacted by the General Assembly of the State of Colorado:1
	83	+	SECTION 1. In Colorado Revised Statutes, 33-1-112, add (1.7)
	84	+	2
	85	+	as follows:3
	86	+	33-1-112. Funds - cost accounting - definition - repeal.4
21	87		(1.7) (a) W
22	88		ITHIN THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
23		-	SUBSECTION
24		-	(1.7), THE STATE TREASURER SHALL TRANSFER ONE MILLION
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. DOLLARS FROM THE GENERAL FUND TO THE WILDLIFE CASH FUND .
	89	+	5
	90	+	SUBSECTION (1.7), THE STATE TREASURER SHALL TRANSFER ONE MILLION6
	91	+	DOLLARS FROM THE GENERAL FUND TO THE WILDLIFE CASH FUND .7
33	92		N
34	93		OTWITHSTANDING SECTION 33-1-112.5 (4), THE DIVISION MAY USE THE
35		-	~~MONEY TO~~
36		-	:
	94	+	8
	95	+	168-2- MONEY TO:1
37	96		(I) S
38		-	UPPORT THE GOALS STATED IN SECTION 33-12-108 (2)(a)(IV)(C);
	97	+	UPPORT THE GOALS STATED IN SECTION 33-12-108
	98	+	2
	99	+	(2)(a)(IV)(C);3
39	100		(II) S
40	101		UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE
41		-	ACTIVITIES IN ACCORDANCE WITH THE RECOMME NDATIONS OF THE STUDY
42		-	COMPLETED PURSUANT TO SECTION
43		-	33-10-116; AND
44		-	(III) COVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
45		-	EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
46		-	.
	102	+	4
	103	+	ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY5
	104	+	COMPLETED PURSUANT TO SECTION 33-10-116; AND6
	105	+	(III) C
	106	+	OVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
	107	+	7
	108	+	EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES .8
47	109		(b) T
48	110		HIS SUBSECTION (1.7) IS REPEALED, EFFECTIVE JULY 1, 2025.
49		-	SECTION 2. In Colorado Revised Statutes, 33-1-112.5, amend (1),
50		-	(2), (3), (4), (6), (9)(a), and (9)(b); repeal (5); and add (9)(b.5) and (10) as
51		-	follows:
52		-	33-1-112.5. Backcountry search and rescue fund - repeal.
53		-	(1) (a) There is hereby
54		-	created in the state treasury a backcountry search
55		-	and rescue fund, Such fund is established REFERRED TO IN THIS SECTION AS
56		-	THE
57		-	"FUND". THE FUND CONSISTS OF MONEY CREDITED TO THE FUND
58		-	PURSUANT TO THIS SECTION AND SECTION
59		-	33-12-108 (4)(e)(I)(B), AND ANY
60		-	OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
61		-	TRANSFER TO THE FUND
62		-	.
	111	+	9
	112	+	SECTION 2. In Colorado Revised Statutes, 33-1-112.5, amend10
	113	+	(1), (2), (3), (4), (6), (9)(a), and (9)(b); repeal (5); and add (10) as11
	114	+	follows:12
	115	+	33-1-112.5. Backcountry search and rescue fund - repeal.13
	116	+	(1) (a) There is hereby created in the state treasury a backcountry search14
	117	+	and rescue fund, Such fund is established REFERRED TO IN THIS SECTION15
	118	+	AS THE "FUND". THE FUND CONSISTS OF MONEY CREDITED TO THE FUND16
	119	+	PURSUANT TO THIS SECTION AND SECTION 33-12-108 (4)(e)(I)(B), AND17
	120	+	ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR18
	121	+	TRANSFER TO THE FUND.19
63	122		(b) T
64		-	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
65		-	DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO
66		-	THE FUND
67		-	.
	123	+	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND20
	124	+	INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE21
	125	+	FUND TO THE FUND.22
68	126		(c) M
69		-	ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
70		-	DEPARTMENT FOR USE BY THE DIVISION AS FOLLOWS
71		-	:
	127	+	ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE23
	128	+	DEPARTMENT FOR USE BY THE DIVISION AS FOLLOWS :24
72	129		(I) T
73		-	HE DIVISION MAY USE MONEY CREDITED TO THE ~~FUND PURSUANT~~
74		-	TO SUBSECTION
75		-	~~(9) OF THIS SECTION AND SECTION 33-12-108~~ (4)(e)(I)(B),
76		-	AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY ~~MAY APPROPRIATE~~
77		-	~~OR TRANSFER TO THE FUND TO~~
78		-	:
	130	+	HE DIVISION MAY USE MONEY CREDITED TO THE FUND25
	131	+	PURSUANT TO SUBSECTION (9) OF THIS SECTION AND SECTION 33-12-10826
	132	+	(4)(e)(I)(B),
	133	+	AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY27
	134	+	168
	135	+	-3- APPROPRIATE OR TRANSFER TO THE FUND TO :1
79	136		(A) S
80		-	UPPORT THE GOALS STATED IN SECTION 33-12-~~108~~
81		-	~~PAGE 2-SENATE BILL 22-168~~ (2)(a)(IV)(C);
	137	+	UPPORT THE GOALS STATED IN SECTION 33-12-1082
	138	+	(2)(a)(IV)(C);3
82	139		(B) S
83		-	UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE
84		-	ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY
85		-	COMPLETED PURSUANT TO SECTION
86		-	33-10-116; AND
87		-	(C) COVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
88		-	EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
89		-	.
	140	+	UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE4
	141	+	ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY5
	142	+	COMPLETED PURSUANT TO SECTION 33-10-116; AND6
	143	+	(C) C
	144	+	OVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED7
	145	+	EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES .8
90	146		(II) T
91		-	HE DIVISION MAY USE MONEY CREDITED TO THE FUND
92		-	PURSUANT TO SUBSECTION
93		-	(2) OF THIS SECTION to assist any agency or
94		-	political subdivision of the state of Colorado for costs incurred in
95		-	backcountry search and rescue activities involving persons holding hunting
96		-	or fishing licenses; vessel, snowmobile, or off-highway vehicle
97		-	registrations; or a Colorado outdoor recreation backcountry search and
	147	+	HE DIVISION MAY USE MONEY CREDITED TO THE FUND9
	148	+	PURSUANT TO SUBSECTION (2) OF THIS SECTION to assist any agency or10
	149	+	political subdivision of the state of Colorado for costs incurred in11
	150	+	backcountry search and rescue activities involving persons holding12
	151	+	hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle13
	152	+	registrations; or a Colorado outdoor recreation backcountry search and14
98	153		rescue card
99		-	PURSUANT TO SUBSECTION (3) OF THIS SECTION. ~~Reimbursable~~
	154	+	PURSUANT TO SUBSECTION (3) OF THIS SECTION. Reimbursable15
100	155		costs are limited to actual operational expenses. Reimbursable costs shall
101		-	DO not include salaries paid to persons permanently employed by the agency
102		-	or political subdivision.
	156	+	16
	157	+	DO not include salaries paid to persons permanently employed by the17
	158	+	agency or political subdivision.18
103	159		(d) T
104		-	HE DIVISION MAY USE A PORTION OF THE MONEY IN THE FUND
105		-	FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THIS SECTION
106		-	.
	160	+	HE DIVISION MAY USE A PORTION OF THE MONEY IN THE FUND19
	161	+	FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THIS SECTION .20
107	162		(2) (a) (I) U
108		-	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
109		-	RULES PROMULGATED PURSUANT TO SUBSECTION
110		-	(2)(a)(II) OF THIS SECTION,
111		-	a surcharge of twenty-five cents shall be assessed on each license listed in
112		-	section 33-4-102 (1) and (1.4) that is sold by the division or one of its
113		-	license agents pursuant to section 33-4-101. Receipts and interest from the
114		-	surcharge shall be deposited in the backcountry search and rescue fund
115		-	created in subsection (1) of this section.
	163	+	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT21
	164	+	IN RULES PROMULGATED PURSUANT TO SUBSECTION (2)(a)(II) OF THIS22
	165	+	SECTION, a surcharge of twenty-five cents shall be assessed on each23
	166	+	license listed in section 33-4-102 (1) and (1.4) that is sold by the division24
	167	+	or one of its license agents pursuant to section 33-4-101. Receipts and25
	168	+	interest from the surcharge shall be deposited in the backcountry search26
	169	+	and rescue fund created in subsection (1) of this section.27
	170	+	168
	171	+	-4- (II) ON OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL1
	172	+	PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE2
	173	+	THAT SHALL BE ASSESSED ON EACH LICENSE LISTED IN SECTION 33-4-1023
	174	+	(1)
	175	+	AND (1.4) THAT IS SOLD BY THE DIVISION OR ONE OF ITS LICENSE4
	176	+	AGENTS PURSUANT TO SECTION 33-4-101. RECEIPTS AND INTEREST FROM5
	177	+	THE SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND6
	178	+	RESCUE FUND CREATED IN SUBSECTION (1) OF THIS SECTION.7
	179	+	(b) (I) U
	180	+	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN8
	181	+	RULES PROMULGATED PURSUANT TO SUBSECTION (2)(b)(II) OF THIS9
	182	+	SECTION, a surcharge of twenty-five cents shall be assessed on each10
	183	+	vessel, each snowmobile, and each off-highway vehicle registration that11
	184	+	is sold by the division or one of its agents pursuant to section 33-13-103,12
	185	+	33-14-102, or 33-14.5-102. Receipts and interest from the surcharge shall13
	186	+	be deposited in the backcountry search and rescue fund created in14
	187	+	subsection (1) of this section. To coincide with annual registration
	188	+	15
	189	+	renewal schedules, the surcharge shall be assessed on an annual basis16
	190	+	beginning on October 1, 1992, for snowmobile registrations, January 1,17
	191	+	1993, for vessel registrations, and April 1, 1993, for off-highway vehicle18
	192	+	registrations.19
116	193		(II) O
117		-	N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
118		-	PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE THAT
119		-	SHALL BE ASSESSED ON EACH LICENSE LISTED IN SECTION
120		-	33-4-102 (1) AND
121		-	(1.4) THAT IS SOLD BY THE DIVISION OR ONE OF ITS LICENSE AGENTS
122		-	PURSUANT TO SECTION
123		-	33-4-101. RECEIPTS AND INTEREST FROM THE
124		-	SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND
125		-	RESCUE FUND CREATED IN SUBSECTION
126		-	(1) OF THIS SECTION.
127		-	(b) (I) U
128		-	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
129		-	PAGE 3-SENATE BILL 22-168 RULES PROMULGATED PURSUANT TO SUBSECTION (2)(b)(II) OF THIS SECTION,
130		-	a surcharge of twenty-five cents shall be assessed on each vessel, each
131		-	snowmobile, and each off-highway vehicle registration that is sold by the
132		-	division or one of its agents pursuant to section 33-13-103, 33-14-102, or
133		-	33-14.5-102. Receipts and interest from the surcharge shall be deposited in
134		-	the backcountry search and rescue fund created in subsection (1) of this
135		-	section. To coincide with annual registration renewal schedules, the
136		-	surcharge shall be assessed on an annual basis beginning on October 1,
137		-	1992, for snowmobile registrations, January 1, 1993, for vessel
138		-	registrations, and April 1, 1993, for off-highway vehicle registrations.
139		-	(II) ON OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
140		-	PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE THAT
141		-	SHALL BE ASSESSED ON EACH VESSEL
142		-	, EACH SNOWMOBILE , AND EACH
143		-	OFF
144		-	-HIGHWAY VEHICLE REGISTRATION THAT IS SOLD BY THE DIVISION OR
145		-	ONE OF ITS AGENTS PURSUANT TO SECTION
146		-	33-13-103, 33-14-102, OR
147		-	33-14.5-102. RECEIPTS AND INTEREST FROM THE SURCHARGE SHALL BE
148		-	DEPOSITED IN THE BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN
	194	+	N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL20
	195	+	PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE21
	196	+	THAT SHALL BE ASSESSED ON EACH VESSEL , EACH SNOWMOBILE, AND22
	197	+	EACH OFF-HIGHWAY VEHICLE REGISTRATION THAT IS SOLD BY THE23
	198	+	DIVISION OR ONE OF ITS AGENTS PURSUANT TO SECTION 33-13-103,24
	199	+	33-14-102,
	200	+	OR 33-14.5-102. RECEIPTS AND INTEREST FROM THE25
	201	+	SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND26
	202	+	RESCUE FUND CREATED IN SUBSECTION (1) OF THIS SECTION.27
	203	+	168
	204	+	-5- (c) (I) The general assembly hereby creates the Colorado outdoor1
	205	+	recreation backcountry search and rescue card program. The department2
	206	+	of local affairs DIVISION shall make a Colorado outdoor recreation3
	207	+	backcountry search and rescue card available to the public in accordance4
	208	+	with this subsection (2)(c) to backpackers, hikers, mountain and trail5
	209	+	bikers, cross country skiers, and other persons who use the Colorado6
	210	+	backcountry for recreation. The department of local affairs DIVISION shall7
	211	+	establish procedures for the licensing of vendors who sell the outdoor8
	212	+	recreation backcountry search and rescue card, the printing of such cards,9
	213	+	and the distribution of such cards to vendors for sale to the public.10
	214	+	(II) (A) U
	215	+	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN11
	216	+	RULES PROMULGATED PURSUANT TO SUBSECTION (2)(c)(II)(B) OF THIS12
	217	+	SECTION, the Colorado outdoor recreation backcountry search and rescue13
	218	+	card shall cost
	219	+	COSTS three dollars and shall be IS valid for one year from14
	220	+	the date of purchase. The department DIVISION shall charge vendors two15
	221	+	dollars for each Colorado outdoor recreation backcountry search and16
	222	+	rescue card, which shall be transmitted to the state treasurer, who shall17
	223	+	credit the amount to the backcountry search and rescue fund created in18
	224	+	subsection (1) of this section. The remaining one dollar shall be retained19
	225	+	by the vendor as the vendor's fee.20
	226	+	(B) O
	227	+	N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL21
	228	+	PROMULGATE RULES ESTABLISHING THE PRICE AND VENDOR FEE FOR THE22
	229	+	C
	230	+	OLORADO OUTDOOR RECREATION BACKCOUNTRY SEARCH AND RESCUE23
	231	+	CARD. MONEY FROM THE SALE OF THE CARDS SHALL BE TRANSMITTED TO24
	232	+	THE STATE TREASURER , WHO SHALL CREDIT THE AMOUNT TO THE25
	233	+	BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN SUBSECTION (1) OF26
	234	+	THIS SECTION.27
	235	+	168
	236	+	-6- (III) The department DIVISION may issue a multi-year Colorado1
	237	+	outdoor recreation backcountry search and rescue card that shall be IS2
	238	+	valid for a period not to exceed five years. Such THE multi-year card may3
	239	+	be offered at a reduced rate to vendors with a reduced vendor fee to4
	240	+	reflect administrative cost savings and other considerations.5
	241	+	(IV) The general assembly finds and declares that the Colorado6
	242	+	outdoor recreation backcountry search and rescue card program is a new7
	243	+	program. P
	244	+	RIOR TO JANUARY 1, 2023, the department of local affairs is8
	245	+	therefore
	246	+	authorized to contract, pursuant to section 24-50-504 (2)(b),9
	247	+	with a person, corporation, or entity for any elements of the10
	248	+	administration of the program created by this subsection (2)(c). O
	249	+	N AND11
	250	+	AFTER JANUARY 1, 2023, THE DIVISION ASSUMES THE RIGHTS ,12
	251	+	RESPONSIBILITIES, AND OBLIGATIONS OF THE DEPARTMENT OF LOCAL13
	252	+	AFFAIRS UNDER ANY CONTRACT ENTERED INTO PURS UANT TO THIS14
	253	+	SUBSECTION (2)(c)(IV) AND IS AUTHORIZED TO CONTRACT, PURSUANT TO15
	254	+	SECTION 24-50-504 (2)(b), WITH A PERSON, CORPORATION, OR ENTITY FOR16
	255	+	ANY ELEMENTS OF THE ADMINISTRATION OF THE PROGRAM CREATED BY17
	256	+	THIS SUBSECTION (2)(c).18
	257	+	(3) All agencies and political subdivisions of the state shall
	258	+	have19
	259	+	the right to make a claim on REQUEST FOR REIMBURSEMENT FROM the20
	260	+	backcountry search and rescue fund for reimbursement of costs incurred21
	261	+	in the performance of backcountry search and rescue activities involving22
	262	+	those persons specified in subsection (1)(c)(II) of this section. Such23
	263	+	claims REQUESTS shall be submitted to the department of local affairs24
	264	+	DIVISION for immediate consideration. Any reimbursement claims25
	265	+	REQUESTS which have been certified by the sheriff of the county in which26
	266	+	the backcountry search and rescue activity occurred shall be eligible for27
	267	+	168
	268	+	-7- payment by the department of local affairs DIVISION. The department of1
	269	+	local affairs DIVISION shall establish rules for the procedure through2
	270	+	which claims shall REQUESTS MUST be submitted and for payment of such3
	271	+	claims REQUESTS.4
	272	+	(4) The backcountry search and rescue fund created in subsection5
	273	+	(1) of this section shall be the sole source of funds for the reimbursement6
	274	+	of costs incurred under this section in backcountry search and rescue7
	275	+	activities involving those persons specified in subsection (1) of this8
	276	+	section. The wildlife cash fund established in section 33-1-112 and the9
	277	+	parks and outdoor recreation cash fund established in section 33-10-11110
	278	+	shall not be used for reimbursement of costs as provided in
149	279		SUBSECTION
150		-	(1) OF THIS SECTION.
151		-	(c) (I) The general assembly hereby creates the Colorado outdoor
152		-	recreation backcountry search and rescue card program. The department of
153		-	local affairs DIVISION shall make a Colorado outdoor recreation backcountry
154		-	search and rescue card available to the public in accordance with this
155		-	subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross
156		-	country skiers, and other persons who use the Colorado backcountry for
157		-	recreation. The department of local affairs
158		-	DIVISION shall establish
159		-	procedures for the licensing of vendors who sell the outdoor recreation
160		-	backcountry search and rescue card, the printing of such cards, and the
161		-	distribution of such cards to vendors for sale to the public.
162		-	(II) (A) U
163		-	NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
164		-	RULES PROMULGATED PURSUANT TO SUBSECTION
165		-	(2)(c)(II)(B) OF THIS
166		-	SECTION
167		-	, the Colorado outdoor recreation backcountry search and rescue
168		-	card shall cost
169		-	COSTS three dollars and shall be IS valid for one year from
170		-	the date of purchase. The department DIVISION shall charge vendors two
171		-	dollars for each Colorado outdoor recreation backcountry search and rescue
172		-	card, which shall be transmitted to the state treasurer, who shall credit the
173		-	amount to the backcountry search and rescue fund created in subsection (1)
174		-	of this section. The remaining one dollar shall be retained by the vendor as
175		-	PAGE 4-SENATE BILL 22-168 the vendor's fee.
176		-	(B) O
177		-	N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
178		-	PROMULGATE RULES ESTABLISHING THE PRICE AND VENDOR FEE FOR THE
179		-	COLORADO OUTDOOR RECREATION BACKCOUNTRY SEARCH AND RESCUE
180		-	CARD
181		-	. MONEY FROM THE SALE OF THE CARDS SHALL BE TRANSMITTED TO
182		-	THE STATE TREASURER
183		-	, WHO SHALL CREDIT THE AMOUNT TO THE
184		-	BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN SUBSECTION
185		-	(1) OF
186		-	THIS SECTION
187		-	.
188		-	(III) The department
189		-	DIVISION may issue a multi-year Colorado
190		-	outdoor recreation backcountry search and rescue card that shall be IS valid
191		-	for a period not to exceed five years. Such THE multi-year card may be
192		-	offered at a reduced rate to vendors with a reduced vendor fee to reflect
193		-	administrative cost savings and other considerations.
194		-	(IV) The general assembly finds and declares that the Colorado
195		-	outdoor recreation backcountry search and rescue card program is a new
196		-	program. P
197		-	RIOR TO JANUARY 1, 2023, the department of local affairs is
198		-	therefore
199		-	authorized to contract, pursuant to section 24-50-504 (2)(b), with
200		-	a person, corporation, or entity for any elements of the administration of the
201		-	program created by this subsection (2)(c). O
202		-	N AND AFTER JANUARY 1, 2023,
203		-	THE DIVISION ASSUMES THE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF
204		-	THE DEPARTMENT OF LOCAL AFFAIRS UNDER ANY CONTRACT ENTERED INTO
205		-	PURSUANT TO THIS SUBSECTION
206		-	(2)(c)(IV) AND IS AUTHORIZED TO
207		-	CONTRACT
208		-	, PURSUANT TO SECTION 24-50-504 (2)(b), WITH A PERSON,
209		-	CORPORATION, OR ENTITY FOR ANY ELEMENTS OF THE ADMINISTRATION OF
210		-	THE PROGRAM CREATED BY THIS SUBSECTION
211		-	(2)(c).
212		-	(3) All agencies and political subdivisions of the state shall
213		-	have the
214		-	right to make a claim on REQUEST FOR REIMBURSEMENT FROM the
215		-	backcountry search and rescue fund for reimbursement of costs incurred in
216		-	the performance of backcountry search and rescue activities involving those
217		-	persons specified in subsection (1)(c)(II) of this section. Such claims
218		-	REQUESTS shall be submitted to the department of local affairs DIVISION for
219		-	immediate consideration. Any reimbursement claims REQUESTS which have
220		-	been certified by the sheriff of the county in which the backcountry search
221		-	and rescue activity occurred shall be eligible for payment by the department
222		-	of local affairs DIVISION. The department of local affairs DIVISION shall
223		-	establish rules for the procedure through which claims shall REQUESTS MUST
224		-	PAGE 5-SENATE BILL 22-168 be submitted and for payment of such claims REQUESTS.
225		-	(4) The backcountry search and rescue fund created in subsection
226		-	(1) of this section shall be the sole source of funds for the reimbursement
227		-	of costs incurred under this section in backcountry search and rescue
228		-	activities involving those persons specified in subsection (1) of this section.
229		-	The wildlife cash fund established in section 33-1-112 and the parks and
230		-	outdoor recreation cash fund established in section 33-10-111 shall not be
231		-	used for reimbursement of costs as provided in
232		-	SUBSECTION (1)(c)(II) OF
233		-	this section.
234		-	(5) The money in the backcountry search and rescue fund created in
235		-	subsection (1) of this section shall be subject to annual appropriation by the
236		-	general assembly for the direct and indirect costs of the administration of
237		-	this section.
238		-	(6) At the close of any fiscal year, all of the money remaining in the
239		-	backcountry search and rescue fund and appropriated for backcountry
240		-	search and rescue expenses THAT WAS CREDITED TO THE FUND PURSUANT TO
241		-	SUBSECTION
242		-	(2) OF THIS SECTION, after all approved claims
243		-	REQUESTS FOR
244		-	REIMBURSEMENT
245		-	and administrative costs have been paid, shall be USED
246		-	FIRST TO PAY FOR UNREIMBURSED BACKCOUNTRY SEARCH AND RESCUE
247		-	INCIDENTS AND THEN SHALL BE
248		-	divided among those
249		-	counties that have
250		-	applied to the department of local affairs DIVISION for year-end grants or
251		-	reimbursements from the backcountry search and rescue fund. The
252		-	department of local affairs shall divide such money among the counties,
253		-	first making payment for uncompensated backcountry searches and rescues
254		-	of parents, siblings, spouses, children, or grandchildren of persons holding
255		-	hunting or fishing licenses, vessel, snowmobile, or off-highway vehicle
256		-	registrations, or the owner of a Colorado outdoor recreation backcountry
257		-	search and rescue card and second making payment for
258		-	backcountry-search-and-rescue-related training and equipment, and for any
259		-	other uncompensated backcountry search and rescue incidents. The
260		-	department of local affairs DIVISION shall establish operating procedures for
261		-	applying for year-end grants or reimbursements from the money remaining
262		-	in the backcountry search and rescue fund IN ACCORDANCE WITH THIS
263		-	SUBSECTION
264		-	(6).
265		-	(9) (a) Within three days after June 21, 2021, the state treasurer shall
266		-	transfer two million two hundred fifty thousand dollars from the general
267		-	PAGE 6-SENATE BILL 22-168 fund to the backcountry search and rescue fund for use by the department
268		-	of local affairs in consultation with the division to support backcountry
269		-	search and rescue efforts, including to cover response costs, equipment, and
270		-	other related expenses. O
271		-	N AND AFTER JANUARY 1, 2023, ANY UNSPENT
272		-	MONEY FROM THE TRANSFER MADE PURSUANT TO THIS SUBSECTION
273		-	(9)(a)
274		-	IS FOR USE BY THE DIVISION PURSUANT TO SUBSECTION (1)(c)(I) OF THIS
275		-	SECTION
276		-	.
277		-	(b) The restrictions on use of money set forth in this section do not
	280	+	11
	281	+	(1)(c)(II)
	282	+	OF this section.
	283	+	12
	284	+	(5) The money in the backcountry search and rescue fund created13
	285	+	in subsection (1) of this section shall be subject to annual appropriation14
	286	+	by the general assembly for the direct and indirect costs of the15
	287	+	administration of this section.16
	288	+	(6) At the close of any fiscal year, all of the money remaining in17
	289	+	the backcountry search and rescue fund and appropriated for backcountry18
	290	+	search and rescue expenses THAT WAS CREDITED TO THE FUND PURSUANT19
	291	+	TO SUBSECTION (2) OF THIS SECTION, after all approved claims REQUESTS20
	292	+	FOR REIMBURSEMENT and administrative costs have been paid, shall be21
	293	+	USED FIRST TO PAY FOR UNREIMBURSED BACKCOUNTRY SEARCH AND22
	294	+	RESCUE INCIDENTS AND THEN SHALL BE divided among those counties that23
	295	+	have applied to the department of local affairs DIVISION for year-end24
	296	+	grants or reimbursements from the backcountry search and rescue fund.25
	297	+	The department of local affairs shall divide such money among the26
	298	+	counties, first making payment for uncompensated backcountry searches27
	299	+	168
	300	+	-8- and rescues of parents, siblings, spouses, children, or grandchildren of1
	301	+	persons holding hunting or fishing licenses, vessel, snowmobile, or2
	302	+	off-highway vehicle registrations, or the owner of a Colorado outdoor3
	303	+	recreation backcountry search and rescue card and second making4
	304	+	payment for backcountry-search-and-rescue-related training and5
	305	+	equipment, and for any other uncompensated backcountry search and6
	306	+	rescue incidents. The department of local affairs DIVISION shall establish7
	307	+	operating procedures for applying for year-end grants or reimbursements8
	308	+	from the money remaining in the backcountry search and rescue fund IN9
	309	+	ACCORDANCE WITH THIS SUBSECTION (6).10
	310	+	(9) (a) Within three days after June 21, 2021, the state treasurer11
	311	+	shall transfer two million two hundred fifty thousand dollars from the12
	312	+	general fund to the backcountry search and rescue fund for use by the13
	313	+	department of local affairs in consultation with the division to support14
	314	+	backcountry search and rescue efforts, including to cover response costs,15
	315	+	equipment, and other related expenses. O
	316	+	N AND AFTER JANUARY 1, 2023,16
	317	+	ANY UNSPENT MONEY FROM THE TRANSFER MADE PURSUANT TO THIS17
	318	+	SUBSECTION (9)(a) IS FOR USE BY THE DIVISION PURSUANT TO SUBSECTION18
	319	+	(1)(c)(I)
	320	+	OF THIS SECTION.19
	321	+	(b) The restrictions on use of money set forth in this section do not20
278	322		apply to the department of local affairs' use,
279		-	PRIOR TO JANUARY 1, 2023, of
280		-	the money transferred pursuant to subsection (9)(a) of this section. O
281		-	N AND
282		-	AFTER
283		-	JANUARY 1, 2023, THE DIVISION MAY USE THE MONEY TRANSFERRED
284		-	PURSUANT TO SUBSECTION
285		-	(9)(a) OF THIS SECTION IN ACCORDANCE WITH
286		-	SUBSECTION
287		-	(1)(c)(I) OF THIS SECTION.
288		-	(b.5) O
	323	+	PRIOR TO JANUARY 1, 2023,21
	324	+	of the money transferred pursuant to subsection (9)(a) of this section. O
	325	+	N22
	326	+	AND AFTER JANUARY 1, 2023, THE DIVISION MAY USE THE MONEY23
	327	+	TRANSFERRED PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION IN24
	328	+	ACCORDANCE WITH SUBSECTION (1)(c)(I) OF THIS SECTION.25
	329	+	(c) O
289	330		N JANUARY 2, 2023, IF THERE IS ANY UNOBLIGATED AND
290		-	UNEXPENDED MONEY FROM THE TRANSFER REQUIRED BY SECTION
	331	+	26
	332	+	UNEXPENDED MONEY FROM THE TRANSFER REQUIRED BY SECTION27
	333	+	168
	334	+	-9- 33-1-112 (1.7)(a) IN THE WILDLIFE CASH FUND CREATED IN SECTION1
291	335		33-1-112
292		-	(1.7)(a)
293		-	IN THE WILDLIFE CASH FUND CREATED IN SECTION 33-1-112 (1), THE
294		-	STATE TREASURER SHALL TRANSFER THE REMAINING MONEY FROM THE
295		-	WILDLIFE CASH FUND TO THE BACKCOUNTRY SEARCH AND RESCUE FUND ON
296		-	THAT DATE
297		-	.
	336	+	(1), THE STATE TREASURER SHALL TRANSFER THE REMAINING
	337	+	2
	338	+	MONEY FROM THE WILDLIFE CASH FUND TO THE BACKCOUNTRY SEARCH3
	339	+	AND RESCUE FUND ON THAT DATE .4
298	340		(10) (a) O
299		-	N AND AFTER JANUARY 1, 2023, THE DIVISION SHALL
300		-	EXECUTE
301		-	, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS , POWERS,
302		-	DUTIES, FUNCTIONS, AND OBLIGATIONS PREVIOUSLY VESTED UNDER THIS
303		-	SECTION IN THE DEPARTMENT OF LOCAL AFFAIRS
304		-	.
	341	+	N AND AFTER JANUARY 1, 2023, THE DIVISION SHALL5
	342	+	EXECUTE, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS,6
	343	+	DUTIES, FUNCTIONS, AND OBLIGATIONS PREVIOUSLY VESTED UNDER THIS7
	344	+	SECTION IN THE DEPARTMENT OF LOCAL AFFAIRS .8
305	345		(b) E
306		-	FFECTIVE ON JANUARY 1, 2023, ALL POSITIONS OF EMPLOYMENT
307		-	AND APPROPRIATIONS FOR PERS ONAL SERVICES IN THE DEPARTMENT OF
308		-	LOCAL AFFAIRS RELATED TO PERFORMING THE POWERS
309		-	, DUTIES, AND
310		-	FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS SUBSECTION
311		-	(10) AND DETERMINED BY THE DIVISION TO BE NECESSARY TO CARRY OUT
312		-	THE PURPOSES OF THIS SECTION ARE TRANSFERRED TO THE DIVISION AND ARE
313		-	EMPLOYMENT POSITIONS THEREIN
314		-	. ALL SUCH EMPLOYEES ARE EMPLOYEES
315		-	OF THE DIVISION AND RETAIN ALL RIGHTS UNDER THE STATE PERSONNEL
316		-	SYSTEM AND TO RETIREMENT BENEFITS PURSUANT TO THE LAWS OF THIS
317		-	STATE
318		-	, AND THEIR SERVICES ARE DEEMED CONTINUOUS .
	346	+	FFECTIVE ON JANUARY 1, 2023, ALL POSITIONS OF9
	347	+	EMPLOYMENT AND APPROPRIATIONS FOR PERSONAL SERVICES IN THE10
	348	+	DEPARTMENT OF LOCAL AFFAIRS RELATED TO PERFORMING THE POWERS ,11
	349	+	DUTIES, AND FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO12
	350	+	THIS SUBSECTION (10) AND DETERMINED BY THE DIVISION TO BE13
	351	+	NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION ARE14
	352	+	TRANSFERRED TO THE DIVISION AND ARE EMPLOYMENT POSITIONS15
	353	+	THEREIN. ALL SUCH EMPLOYEES ARE EMPLOYEES OF THE DIVISION AND16
	354	+	RETAIN ALL RIGHTS UNDER THE STATE PERSONNEL SYSTEM AND TO17
	355	+	RETIREMENT BENEFITS PURSUANT TO THE LAWS OF THIS STATE , AND THEIR18
	356	+	SERVICES ARE DEEMED CONTINUOUS .19
319	357		(c) A
320		-	LL RULES AND POLICIES OF THE DEPARTMENT OF LOCAL AFFAIRS
321		-	ADOPTED PURSUANT TO THIS SECTION AND IN EFFECT AS OF
322		-	JANUARY 1,
323		-	PAGE 7-SENATE BILL 22-168 2023, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED BY THE DIVISION
324		-	UNTIL SUPERSEDED
325		-	, REVISED, AMENDED, REPEALED, OR NULLIFIED
326		-	PURSUANT TO LAW
327		-	. THE DIVISION SHALL ADOPT ANY RULES OR POLICIES
328		-	NECESSARY FOR THE ADMINISTRATION OF THIS SECTION AND AS OTHERWISE
329		-	AUTHORIZED BY LAW
330		-	. BEFORE INITIATING ITS FIRST RULE-MAKING OR
331		-	ADOPTING INITIAL POLICIES PURSUANT TO THIS SUBSECTION
332		-	(10)(c), THE
333		-	DIVISION SHALL CONSULT WITH THE COUNTY SHERIFFS AND THE
334		-	COLORADO
335		-	SEARCH AND RESCUE ASSOCIATION FOR INPUT ON CHANGES THAT ARE
336		-	NECESSARY TO ADMINISTER THIS SECTION
337		-	.
	358	+	LL RULES AND POLICIES OF THE DEPARTMENT OF LOCAL20
	359	+	AFFAIRS ADOPTED PURSUANT TO THIS SECTION AND IN EFFECT AS OF21
	360	+	J
	361	+	ANUARY 1, 2023, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED22
	362	+	BY THE DIVISION UNTIL SUPERSEDED, REVISED, AMENDED, REPEALED, OR23
	363	+	NULLIFIED PURSUANT TO LAW. THE DIVISION SHALL ADOPT ANY RULES OR24
	364	+	POLICIES NECESSARY FOR THE ADMINISTRATION OF THIS SECTION AND AS25
	365	+	OTHERWISE AUTHORIZED BY LAW . BEFORE INITIATING ITS FIRST
	366	+	26
	367	+	RULE-MAKING OR ADOPTING INITIAL POLICIES PURSUANT TO THIS27
	368	+	168
	369	+	-10- SUBSECTION (10)(c), THE DIVISION SHALL CONSULT WITH THE COUNTY1
	370	+	SHERIFFS AND THE COLORADO SEARCH AND RESCUE ASSOCIATION FOR2
	371	+	INPUT ON CHANGES THAT ARE NECESSARY TO ADMINISTER THIS SECTION .3
338	372		(d) A
339		-	NY REQUESTS FOR REIMBURSEMENT SUBMITTED TO THE
340		-	DEPARTMENT OF LOCAL AFFAIRS PRIOR TO
341		-	JANUARY 1, 2023, PURSUANT TO
342		-	SUBSECTION
343		-	(3) OF THIS SECTION THAT HAVE NOT BEEN PROCESSED OR PAID
344		-	ON
345		-	JANUARY 1, 2023, ARE TRANSFERRED TO THE DIVISION FOR IMMEDIATE
346		-	CONSIDERATION AND PAYMENT PURSUANT TO RULES ADOPTED BY THE
347		-	DEPARTMENT OF LOCAL AFFAIRS
348		-	, UNTIL SUCH RULES ARE SUPERSEDED ,
349		-	REVISED, REPEALED, OR AMENDED BY THE DIVISION.
	373	+	NY REQUESTS FOR REIMBURSEMENT SUBMITTED TO THE4
	374	+	DEPARTMENT OF LOCAL AFFAIRS PRIOR TO JANUARY 1, 2023, PURSUANT5
	375	+	TO SUBSECTION (3) OF THIS SECTION THAT HAVE NOT BEEN PROCESSED OR6
	376	+	PAID ON JANUARY 1, 2023, ARE TRANSFERRED TO THE DIVISION FOR7
	377	+	IMMEDIATE CONSIDERATION AND PAYMENT PURSUANT TO RULES ADOPTED8
	378	+	BY THE DEPARTMENT OF LOCAL AFFAIRS , UNTIL SUCH RULES ARE9
	379	+	SUPERSEDED, REVISED, REPEALED, OR AMENDED BY THE DIVISION.10
350	380		(e) A
351		-	NY SUIT, ACTION, OR OTHER PROCEEDING , JUDICIAL OR
352		-	ADMINISTRATIVE
353		-	, RELATED TO THE ADMINISTRATION OF THIS SECTION AND
354		-	LAWFULLY COMMENCED
355		-	, OR WHICH COULD HAVE BEEN COMMENCED , BY OR
356		-	AGAINST THE DEPARTMENT OF LOCAL AFFAIRS
357		-	, OR ANY OFFICER THEREOF IN
358		-	SUCH OFFICER
359		-	'S OFFICIAL CAPACITY OR IN RELATION TO THE DISCHARGE OF
360		-	THE OFFICIAL
361		-	'S DUTIES UNDER THIS SECTION, IS ABATED BY REASON OF THE
362		-	TRANSFER OF DUTIES AND FUNCTIONS TO THE DIVISION PURSUANT TO THIS
363		-	SUBSECTION
364		-	(10).
365		-	SECTION 3. In Colorado Revised Statutes, 13-21-113.7, amend
366		-	(1) and (2)(c) as follows:
367		-	13-21-113.7. Immunity of volunteer firefighters, volunteers,
368		-	incident management teams, and their employers or organizations -
369		-	definitions - legislative declaration. (1) A volunteer firefighter or
370		-	volunteer who, in good faith, takes part in firefighting efforts or provides
371		-	emergency care, rescue, assistance, or recovery services at the scene of an
372		-	emergency, any incident management team, and any person who, in good
373		-	faith, commands, directs, employs, sponsors, or represents any such
374		-	volunteer firefighter, volunteer, or incident management team shall not be
375		-	liable for civil damages as a result of an act or omission by such volunteer
376		-	firefighter, volunteer, incident management team, or other person in
377		-	PAGE 8-SENATE BILL 22-168 connection with the emergency OR WITH ACTIVITIES DESCRIBED IN SECTION
378		-	33-1-102 (1.3); except that this exemption shall not apply to grossly
379		-	negligent, willful, wanton, or reckless acts or omissions.
380		-	(2) As used in this section:
381		-	(c) "Incident management team" means an ad hoc or standing team
382		-	of trained personnel from different departments, organizations, agencies,
383		-	and jurisdictions,
384		-	INCLUDING PERSONS ENGAGED IN BACKCOUNTRY SEARCH
385		-	AND RESCUE EFFORTS AS DEFINED IN SECTION
386		-	33-1-102 (1.3), activated to
387		-	manage the logistical, fiscal, planning, operational, safety, and community
388		-	issues related to an emergency or other incident.
389		-	SECTION 4. In Colorado Revised Statutes, 13-21-115.5, amend
390		-	(3)(c)(II)(R) and (3)(c)(III); and add (3)(c)(II)(T) and (3)(c)(II)(U) as
391		-	follows:
392		-	13-21-115.5. Volunteer service act - immunity - exception for
393		-	operation of motor vehicles - short title - legislative declaration -
394		-	definitions. (3) As used in this section, unless the context otherwise
395		-	requires:
396		-	(c) (II) "Volunteer" includes:
397		-	(R) A licensed dentist or dental hygienist governed by article 220 of
398		-	title 12 performing the practice of dentistry or dental hygiene, as defined in
399		-	section 12-220-104 and as described in section 12-220-305, as a volunteer
400		-	for a nonprofit organization, nonprofit corporation, governmental entity, or
401		-	hospital; or a dentist or dental hygienist who holds a license in good
402		-	standing from another state performing the practice of dentistry or dental
403		-	hygiene, as defined in section 12-220-104 and as described in section
404		-	12-220-305, as a volunteer for a nonprofit organization, nonprofit
405		-	corporation, governmental entity, or hospital pursuant to section 12-220-302
406		-	(1)(j); and
407		-	(T) A VOLUNTEER MEMBER OF A RESCUE UNIT AS DEFINED IN
408		-	SECTION
409		-	25-3.5-103 (11); AND
410		-	(U) A PERSON ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE
411		-	EFFORTS AS DEFINED IN SECTION
412		-	33-1-102 (1.3).
413		-	PAGE 9-SENATE BILL 22-168 (III) The nonprofit organization, nonprofit corporation,
414		-	governmental entity, or hospital for which a volunteer performs shall
415		-	annually verify that the volunteer holds an unrestricted Colorado license,
	381	+	NY SUIT, ACTION, OR OTHER PROCEEDING , JUDICIAL OR11
	382	+	ADMINISTRATIVE, RELATED TO THE ADMINISTRATION OF THIS SECTION AND12
	383	+	LAWFULLY COMMENCED , OR WHICH COULD HAVE BEEN COMMENCED , BY13
	384	+	OR AGAINST THE DEPARTMENT OF LOCAL AFFAIRS , OR ANY OFFICER14
	385	+	THEREOF IN SUCH OFFICER'S OFFICIAL CAPACITY OR IN RELATION TO THE15
	386	+	DISCHARGE OF THE OFFICIAL'S DUTIES UNDER THIS SECTION, IS ABATED BY16
	387	+	REASON OF THE TRANSFER OF DUTIES AND FUNCTIONS TO THE DIVISION17
	388	+	PURSUANT TO THIS SUBSECTION (10).18
	389	+	SECTION 3.
	390	+	In Colorado Revised Statutes, 13-21-113.7, amend19
	391	+	(1) and (2)(c) as follows:20
	392	+	13-21-113.7. Immunity of volunteer firefighters, volunteers,21
	393	+	incident management teams, and their employers or organizations -22
	394	+	definitions - legislative declaration. (1) A volunteer firefighter or23
	395	+	volunteer who, in good faith, takes part in firefighting efforts or provides24
	396	+	emergency care, rescue, assistance, or recovery services at the scene of an25
	397	+	emergency, any incident management team, and any person who, in good26
	398	+	faith, commands, directs, employs, sponsors, or represents any such27
	399	+	168
	400	+	-11- volunteer firefighter, volunteer, or incident management team shall not1
	401	+	be liable for civil damages as a result of an act or omission by such2
	402	+	volunteer firefighter, volunteer, incident management team, or other3
	403	+	person in connection with the emergency
	404	+	OR WITH ACTIVITIES DESCRIBED
	405	+	4
	406	+	IN SECTION 33-1-102 (1.3); except that this exemption shall not apply to5
	407	+	grossly negligent, willful, wanton, or reckless acts or omissions.6
	408	+	(2) As used in this section:7
	409	+	(c) "Incident management team" means an ad hoc or standing8
	410	+	team of trained personnel from different departments, organizations,9
	411	+	agencies, and jurisdictions,
	412	+	INCLUDING PERSONS ENGAGED IN10
	413	+	BACKCOUNTRY SEARCH AND RESCUE EFFORTS AS DEFINED IN SECTION11
	414	+	33-1-102
	415	+	(1.3), activated to manage the logistical, fiscal, planning,12
	416	+	operational, safety, and community issues related to an emergency or13
	417	+	other incident.14
	418	+	SECTION 4.
	419	+	In Colorado Revised Statutes, 13-21-115.5, amend15
	420	+	(3)(c)(II)(R) and (3)(c)(III); and add (3)(c)(II)(T) and (3)(c)(II)(U) as16
	421	+	follows:17
	422	+	13-21-115.5. Volunteer service act - immunity - exception for18
	423	+	operation of motor vehicles - short title - legislative declaration -19
	424	+	definitions. (3) As used in this section, unless the context otherwise20
	425	+	requires:21
	426	+	(c) (II) "Volunteer" includes:22
	427	+	(R) A licensed dentist or dental hygienist governed by article 22023
	428	+	of title 12 performing the practice of dentistry or dental hygiene, as24
	429	+	defined in section 12-220-104 and as described in section 12-220-305, as25
	430	+	a volunteer for a nonprofit organization, nonprofit corporation,26
	431	+	governmental entity, or hospital; or a dentist or dental hygienist who27
	432	+	168
	433	+	-12- holds a license in good standing from another state performing the1
	434	+	practice of dentistry or dental hygiene, as defined in section 12-220-1042
	435	+	and as described in section 12-220-305, as a volunteer for a nonprofit3
	436	+	organization, nonprofit corporation, governmental entity, or hospital4
	437	+	pursuant to section 12-220-302 (1)(j); and5
	438	+	(T) A
	439	+	VOLUNTEER
	440	+	MEMBER OF A RESCUE UNIT AS DEFINED IN6
	441	+	SECTION 25-3.5-103 (11); AND7
	442	+	(U) A
	443	+	PERSON ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE8
	444	+	EFFORTS AS DEFINED IN SECTION 33-1-102 (1.3).9
	445	+	(III) The nonprofit organization, nonprofit corporation,10
	446	+	governmental entity, or hospital for which a volunteer performs shall11
	447	+	annually verify that the volunteer holds an unrestricted Colorado license,12
416	448		registration, or certification to practice his or her
417		-	THE VOLUNTEER'S
418		-	respective profession, IF A LICENSE, REGISTRATION, OR CERTIFICATION IS
419		-	REQUIRED FOR THE VOLUNTEER
420		-	'S PROFESSION.
421		-	SECTION 5. In Colorado Revised Statutes, 23-3.3-205, amend
422		-	(1)(a); and add (3)(c) as follows:
423		-	23-3.3-205. Dependents of deceased or permanently disabled
424		-	National Guardsman, law enforcement officer, or firefighter.
425		-	(1) (a) Any dependent of a person who died or was permanently disabled
426		-	while on state active duty, federalized active duty, or authorized training
427		-	duty as a Colorado National Guardsman or any dependent of any person
428		-	who has been permanently disabled or killed while acting to preserve the
429		-	public peace, health, and safety in the capacity of police officer, sheriff, or
430		-	other law enforcement officer or firefighter
431		-	OR ANY DEPENDENT OF A
432		-	PERSON
433		-	, INCLUDING A VOLUNTEER , WHO DIED OR WAS PERMANENTLY
434		-	DISABLED WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE
435		-	ACTIVITIES
436		-	, AS DEFINED IN SECTION 33-1-102 (1.3), upon being accepted for
437		-	enrollment into any state institution, shall be permitted to pursue studies
438		-	leading toward his or her first bachelor's degree or certificate of completion,
439		-	free of tuition and free of room and board charges of the institution, for so
440		-	long as said dependent achieves and maintains a cumulative grade point
441		-	average of 2.5 or above based upon a 4.0 scale, but said benefits shall not
442		-	be extended beyond six years from the date of enrollment. Such dependents
443		-	pursuing studies at a nonpublic institution of higher education within the
444		-	state of Colorado shall be eligible for assistance not to exceed the average
445		-	cost of undergraduate instruction calculated for a full-time equivalent
446		-	student at a comparable state institution for the previous year, and the
447		-	average cost of room and board calculated for a full-time equivalent student
448		-	at all state institutions for the previous year. Such dependents pursuing
449		-	studies at an out-of-state institution of higher education shall be eligible for
450		-	assistance not to exceed the average cost of undergraduate instruction
451		-	calculated for a full-time equivalent student at a comparable state institution
452		-	for the previous year. The commission shall provide tuition and, if
453		-	appropriate, room and board assistance to such qualified students from
454		-	appropriated student financial assistance funds.
455		-	PAGE 10-SENATE BILL 22-168 (3) (c) AN INDIVIDUAL WHO HAS BEEN PERMANENTLY DISABLED
456		-	WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
457		-	, AS
458		-	DEFINED IN SECTION
459		-	33-1-102 (1.3), IS PERMANENTLY DISABLED FOR THE
460		-	PURPOSE OF DETERMINING ELIGIBILITY OF DEPENDENTS TO QUALIFY FOR
461		-	EDUCATIONAL BENEFITS IF THE INDIVIDUAL IS
462		-	, AS A RESULT OF THE
463		-	DISABILITY
464		-	, UNABLE TO PERFORM IN THE POSITION TO WHICH THE
465		-	INDIVIDUAL WAS REGULARLY ASSIGNED AT THE TIME THE INDIVIDUAL
466		-	BECAME DISABLED
467		-	, OR, IF THE INDIVIDUAL WAS ENGAGED IN BACKCOUNTRY
468		-	SEARCH AND RESCUE ACTIVITIES AS A VOLUNTEER
469		-	, IS UNABLE TO ENGAGE IN
470		-	ANY SUBSTANTIAL FULL
471		-	-TIME GAINFUL ACTIVITY BY REASON OF MEDICALLY
472		-	DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED
473		-	TO RESULT IN DEATH OR WHICH HAS LASTED FOR A CONTINUOUS PERIOD OF
474		-	NOT LESS THAN TWELVE MONTHS AND EXISTS AT THE TIME THE DEPENDENT
475		-	SEEKS ENTRY INTO AN INSTITUTION
476		-	.
477		-	SECTION 6. Appropriation - adjustments to 2022 long bill.
478		-	(1) To implement this act, the cash funds appropriation from the
479		-	backcountry search and rescue fund created in section 33-1-112.5 (1),
480		-	C.R.S., made in the annual general appropriation act for the 2022-23 state
481		-	fiscal year to the department of local affairs for use by the division of local
482		-	government for the search and rescue program is decreased by $314,123.
483		-	(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated to
484		-	the department of natural resources for use by the division of parks and
485		-	wildlife. This appropriation is from the wildlife cash fund created in section
486		-	33-1-112 (1)(a), C.R.S. To implement this act, the division may use this
487		-	appropriation for backcountry search and rescue activities pursuant to
488		-	section 33-1-112 (1.7), C.R.S.
489		-	SECTION 7. Effective date. This act takes effect upon passage;
490		-	except that section 33-1-112.5 (1), (2), (3), (4), (5), and (6), Colorado
491		-	Revised Statutes, as amended in section 2 of this act, take effect January 1,
492		-	2023.
493		-	SECTION 8. Safety clause. The general assembly hereby finds,
494		-	PAGE 11-SENATE BILL 22-168 determines, and declares that this act is necessary for the immediate
495		-	preservation of the public peace, health, or safety.
496		-	____________________________ ____________________________
497		-	Steve Fenberg Alec Garnett
498		-	PRESIDENT OF SPEAKER OF THE HOUSE
499		-	THE SENATE OF REPRESENTATIVES
500		-	____________________________ ____________________________
501		-	Cindi L. Markwell Robin Jones
502		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
503		-	THE SENATE OF REPRESENTATIVES
504		-	APPROVED________________________________________
505		-	(Date and Time)
506		-	_________________________________________
507		-	Jared S. Polis
508		-	GOVERNOR OF THE STATE OF COLORADO
509		-	PAGE 12-SENATE BILL 22-168
	449	+	THE VOLUNTEER'S13
	450	+	respective profession,
	451	+	IF A LICENSE, REGISTRATION, OR CERTIFICATION IS14
	452	+	REQUIRED FOR THE VOLUNTEER 'S PROFESSION.15
	453	+	SECTION 5.
	454	+	In Colorado Revised Statutes, 23-3.3-205, amend16
	455	+	(1)(a); and add (3)(c) as follows:17
	456	+	23-3.3-205. Dependents of deceased or permanently disabled18
	457	+	National Guardsman, law enforcement officer, or firefighter.19
	458	+	(1) (a) Any dependent of a person who died or was permanently disabled20
	459	+	while on state active duty, federalized active duty, or authorized training21
	460	+	duty as a Colorado National Guardsman or any dependent of any person22
	461	+	who has been permanently disabled or killed while acting to preserve the23
	462	+	public peace, health, and safety in the capacity of police officer, sheriff,24
	463	+	or other law enforcement officer or firefighter
	464	+	OR ANY DEPENDENT OF A25
	465	+	PERSON, INCLUDING A VOLUNTEER, WHO DIED OR WAS PERMANENTLY26
	466	+	DISABLED WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE27
	467	+	168
	468	+	-13- ACTIVITIES, AS DEFINED IN SECTION 33-1-102 (1.3), upon being accepted1
	469	+	for enrollment into any state institution, shall be permitted to pursue2
	470	+	studies leading toward his or her first bachelor's degree or certificate of3
	471	+	completion, free of tuition and free of room and board charges of the4
	472	+	institution, for so long as said dependent achieves and maintains a5
	473	+	cumulative grade point average of 2.5 or above based upon a 4.0 scale,6
	474	+	but said benefits shall not be extended beyond six years from the date of7
	475	+	enrollment. Such dependents pursuing studies at a nonpublic institution8
	476	+	of higher education within the state of Colorado shall be eligible for9
	477	+	assistance not to exceed the average cost of undergraduate instruction10
	478	+	calculated for a full-time equivalent student at a comparable state11
	479	+	institution for the previous year, and the average cost of room and board12
	480	+	calculated for a full-time equivalent student at all state institutions for the13
	481	+	previous year. Such dependents pursuing studies at an out-of-state14
	482	+	institution of higher education shall be eligible for assistance not to15
	483	+	exceed the average cost of undergraduate instruction calculated for a16
	484	+	full-time equivalent student at a comparable state institution for the17
	485	+	previous year. The commission shall provide tuition and, if appropriate,18
	486	+	room and board assistance to such qualified students from appropriated19
	487	+	student financial assistance funds.20
	488	+	(3) (c) A
	489	+	N INDIVIDUAL WHO HAS BEEN PERMANENTLY DISABLED21
	490	+	WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES , AS22
	491	+	DEFINED IN SECTION 33-1-102 (1.3), IS PERMANENTLY DISABLED FOR THE23
	492	+	PURPOSE OF DETERMINING ELIGIBILITY OF DEPENDENTS TO QUALIFY FOR24
	493	+	EDUCATIONAL BENEFITS IF THE INDIVIDUAL IS , AS A RESULT OF THE25
	494	+	DISABILITY, UNABLE TO PERFORM IN THE POSITION TO WHICH THE26
	495	+	INDIVIDUAL WAS REGULARLY ASSIGNED AT THE TIME THE INDIVIDUAL27
	496	+	168
	497	+	-14- BECAME DISABLED , OR, IF THE INDIVIDUAL WAS ENGAGED IN1
	498	+	BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES AS A VOLUNTEER , IS2
	499	+	UNABLE TO ENGAGE IN ANY SUBSTANTIAL FULL -TIME GAINFUL ACTIVITY3
	500	+	BY REASON OF MEDICALLY DETERMINABLE PHYSICAL OR MENTAL4
	501	+	IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS5
	502	+	LASTED FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS6
	503	+	AND EXISTS AT THE TIME THE DEPENDENT SEEKS ENTRY INTO AN7
	504	+	INSTITUTION.8
	505	+	SECTION 6. Appropriation - adjustments to 2022 long bill.9
	506	+	(1) To implement this act, the cash funds appropriation from the10
	507	+	backcountry search and rescue fund created in section 33-1-112.5 (1),11
	508	+	C.R.S., made in the annual general appropriation act for the 2022-23 state12
	509	+	fiscal year to the department of local affairs for use by the division of13
	510	+	local government for the search and rescue program is decreased by14
	511	+	$314,123.15
	512	+	(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated16
	513	+	to the department of natural resources for use by the division of parks and17
	514	+	wildlife. This appropriation is from the wildlife cash fund created in18
	515	+	section 33-1-112 (1)(a), C.R.S. To implement this act, the division may19
	516	+	use this appropriation for backcountry search and rescue activities20
	517	+	pursuant to section 33-1-112 (1.7), C.R.S.21
	518	+	SECTION 7. Effective date. This act takes effect upon passage;22
	519	+	except that section 33-1-112.5 (1), (2), (3), (4), (5), and (6), Colorado23
	520	+	Revised Statutes, as amended in section 1 of this act, take effect January24
	521	+	1, 2023.25
	522	+	SECTION 8. Safety clause. The general assembly hereby finds,26
	523	+	168
	524	+	-15- determines, and declares that this act is necessary for the immediate1
	525	+	preservation of the public peace, health, or safety.2
	526	+	168
	527	+	-16-