SENATE BILL 22-168
BY SENATOR(S) Donovan and Rankin, Bridges, Buckner, Coram,
Danielson, Fields, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Lee,
Moreno, Pettersen, Rodriguez, Scott, Simpson, Sonnenberg, Winter,
Fenberg;
also REPRESENTATIVE(S) McCluskie and Will, Amabile, Bacon,
Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich,
Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine,
McCormick, McLachlan, Michaelson Jenet, Mullica, Pico, Rich, Ricks,
Roberts, Sirota, Snyder, Soper, Titone, Valdez A., Valdez D., Woodrow.
C
ONCERNING SUPPORT FOR BACKCOUNTRY SEARCH AND RESCUE SERVICES
IN
COLORADO, AND, IN CONNECTION THEREWITH , MAKING AND
REDUCING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 33-1-112, add (1.7) as
follows:
33-1-112. Funds - cost accounting - definition - repeal.
(1.7) (a) W
ITHIN THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION
(1.7), THE STATE TREASURER SHALL TRANSFER ONE MILLION
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. DOLLARS FROM THE GENERAL FUND TO THE WILDLIFE CASH FUND .
N
OTWITHSTANDING SECTION 33-1-112.5 (4), THE DIVISION MAY USE THE
MONEY TO
:
(I) S
UPPORT THE GOALS STATED IN SECTION 33-12-108 (2)(a)(IV)(C);
(II) S
UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE
ACTIVITIES IN ACCORDANCE WITH THE RECOMME NDATIONS OF THE STUDY
COMPLETED PURSUANT TO SECTION
33-10-116; AND
(III) COVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
.
(b) T
HIS SUBSECTION (1.7) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 2. In Colorado Revised Statutes, 33-1-112.5, amend (1),
(2), (3), (4), (6), (9)(a), and (9)(b); repeal (5); and add (9)(b.5) and (10) as
follows:
33-1-112.5. Backcountry search and rescue fund - repeal.
(1) (a) There is hereby
created in the state treasury a backcountry search
and rescue fund, Such fund is established REFERRED TO IN THIS SECTION AS
THE
"FUND". THE FUND CONSISTS OF MONEY CREDITED TO THE FUND
PURSUANT TO THIS SECTION AND SECTION
33-12-108 (4)(e)(I)(B), AND ANY
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
TRANSFER TO THE FUND
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO
THE FUND
.
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT FOR USE BY THE DIVISION AS FOLLOWS
:
(I) T
HE DIVISION MAY USE MONEY CREDITED TO THE FUND PURSUANT
TO SUBSECTION
(9) OF THIS SECTION AND SECTION 33-12-108 (4)(e)(I)(B),
AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE
OR TRANSFER TO THE FUND TO
:
(A) S
UPPORT THE GOALS STATED IN SECTION 33-12-108
PAGE 2-SENATE BILL 22-168 (2)(a)(IV)(C);
(B) S
UPPORT THE NEEDS OF BACKCOUNTRY SEARCH AND RESCUE
ACTIVITIES IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STUDY
COMPLETED PURSUANT TO SECTION
33-10-116; AND
(C) COVER RESPONSE COSTS, EQUIPMENT, AND OTHER RELATED
EXPENSES FOR BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
.
(II) T
HE DIVISION MAY USE MONEY CREDITED TO THE FUND
PURSUANT TO SUBSECTION
(2) OF THIS SECTION to assist any agency or
political subdivision of the state of Colorado for costs incurred in
backcountry search and rescue activities involving persons holding hunting
or fishing licenses; vessel, snowmobile, or off-highway vehicle
registrations; or a Colorado outdoor recreation backcountry search and
rescue card
PURSUANT TO SUBSECTION (3) OF THIS SECTION. Reimbursable
costs are limited to actual operational expenses. Reimbursable costs shall
DO not include salaries paid to persons permanently employed by the agency
or political subdivision.
(d) T
HE DIVISION MAY USE A PORTION OF THE MONEY IN THE FUND
FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THIS SECTION
.
(2) (a) (I) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
RULES PROMULGATED PURSUANT TO SUBSECTION
(2)(a)(II) OF THIS SECTION,
a surcharge of twenty-five cents shall be assessed on each license listed in
section 33-4-102 (1) and (1.4) that is sold by the division or one of its
license agents pursuant to section 33-4-101. Receipts and interest from the
surcharge shall be deposited in the backcountry search and rescue fund
created in subsection (1) of this section.
(II) O
N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE THAT
SHALL BE ASSESSED ON EACH LICENSE LISTED IN SECTION
33-4-102 (1) AND
(1.4) THAT IS SOLD BY THE DIVISION OR ONE OF ITS LICENSE AGENTS
PURSUANT TO SECTION
33-4-101. RECEIPTS AND INTEREST FROM THE
SURCHARGE SHALL BE DEPOSITED IN THE BACKCOUNTRY SEARCH AND
RESCUE FUND CREATED IN SUBSECTION
(1) OF THIS SECTION.
(b) (I) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
PAGE 3-SENATE BILL 22-168 RULES PROMULGATED PURSUANT TO SUBSECTION (2)(b)(II) OF THIS SECTION,
a surcharge of twenty-five cents shall be assessed on each vessel, each
snowmobile, and each off-highway vehicle registration that is sold by the
division or one of its agents pursuant to section 33-13-103, 33-14-102, or
33-14.5-102. Receipts and interest from the surcharge shall be deposited in
the backcountry search and rescue fund created in subsection (1) of this
section. To coincide with annual registration renewal schedules, the
surcharge shall be assessed on an annual basis beginning on October 1,
1992, for snowmobile registrations, January 1, 1993, for vessel
registrations, and April 1, 1993, for off-highway vehicle registrations.
(II) ON OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
PROMULGATE RULES ESTABLISHING THE AMOUNT OF THE SURCHARGE THAT
SHALL BE ASSESSED ON EACH VESSEL
, EACH SNOWMOBILE , AND EACH
OFF
-HIGHWAY VEHICLE REGISTRATION THAT IS SOLD BY THE DIVISION OR
ONE OF ITS AGENTS PURSUANT TO SECTION
33-13-103, 33-14-102, OR
33-14.5-102. RECEIPTS AND INTEREST FROM THE SURCHARGE SHALL BE
DEPOSITED IN THE BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN
SUBSECTION
(1) OF THIS SECTION.
(c) (I) The general assembly hereby creates the Colorado outdoor
recreation backcountry search and rescue card program. The department of
local affairs DIVISION shall make a Colorado outdoor recreation backcountry
search and rescue card available to the public in accordance with this
subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross
country skiers, and other persons who use the Colorado backcountry for
recreation. The department of local affairs
DIVISION shall establish
procedures for the licensing of vendors who sell the outdoor recreation
backcountry search and rescue card, the printing of such cards, and the
distribution of such cards to vendors for sale to the public.
(II) (A) U
NTIL THE COMMISSION ESTABLISHES A NEW AMOUNT IN
RULES PROMULGATED PURSUANT TO SUBSECTION
(2)(c)(II)(B) OF THIS
SECTION
, the Colorado outdoor recreation backcountry search and rescue
card shall cost
COSTS three dollars and shall be IS valid for one year from
the date of purchase. The department DIVISION shall charge vendors two
dollars for each Colorado outdoor recreation backcountry search and rescue
card, which shall be transmitted to the state treasurer, who shall credit the
amount to the backcountry search and rescue fund created in subsection (1)
of this section. The remaining one dollar shall be retained by the vendor as
PAGE 4-SENATE BILL 22-168 the vendor's fee.
(B) O
N OR AFTER JANUARY 1, 2023, THE COMMISSION SHALL
PROMULGATE RULES ESTABLISHING THE PRICE AND VENDOR FEE FOR THE
COLORADO OUTDOOR RECREATION BACKCOUNTRY SEARCH AND RESCUE
CARD
. MONEY FROM THE SALE OF THE CARDS SHALL BE TRANSMITTED TO
THE STATE TREASURER
, WHO SHALL CREDIT THE AMOUNT TO THE
BACKCOUNTRY SEARCH AND RESCUE FUND CREATED IN SUBSECTION
(1) OF
THIS SECTION
.
(III) The department
DIVISION may issue a multi-year Colorado
outdoor recreation backcountry search and rescue card that shall be IS valid
for a period not to exceed five years. Such THE multi-year card may be
offered at a reduced rate to vendors with a reduced vendor fee to reflect
administrative cost savings and other considerations.
(IV) The general assembly finds and declares that the Colorado
outdoor recreation backcountry search and rescue card program is a new
program. P
RIOR TO JANUARY 1, 2023, the department of local affairs is
therefore
authorized to contract, pursuant to section 24-50-504 (2)(b), with
a person, corporation, or entity for any elements of the administration of the
program created by this subsection (2)(c). O
N AND AFTER JANUARY 1, 2023,
THE DIVISION ASSUMES THE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF
THE DEPARTMENT OF LOCAL AFFAIRS UNDER ANY CONTRACT ENTERED INTO
PURSUANT TO THIS SUBSECTION
(2)(c)(IV) AND IS AUTHORIZED TO
CONTRACT
, PURSUANT TO SECTION 24-50-504 (2)(b), WITH A PERSON,
CORPORATION, OR ENTITY FOR ANY ELEMENTS OF THE ADMINISTRATION OF
THE PROGRAM CREATED BY THIS SUBSECTION
(2)(c).
(3) All agencies and political subdivisions of the state shall
have the
right to make a claim on REQUEST FOR REIMBURSEMENT FROM the
backcountry search and rescue fund for reimbursement of costs incurred in
the performance of backcountry search and rescue activities involving those
persons specified in subsection (1)(c)(II) of this section. Such claims
REQUESTS shall be submitted to the department of local affairs DIVISION for
immediate consideration. Any reimbursement claims REQUESTS which have
been certified by the sheriff of the county in which the backcountry search
and rescue activity occurred shall be eligible for payment by the department
of local affairs DIVISION. The department of local affairs DIVISION shall
establish rules for the procedure through which claims shall REQUESTS MUST
PAGE 5-SENATE BILL 22-168 be submitted and for payment of such claims REQUESTS.
(4) The backcountry search and rescue fund created in subsection
(1) of this section shall be the sole source of funds for the reimbursement
of costs incurred under this section in backcountry search and rescue
activities involving those persons specified in subsection (1) of this section.
The wildlife cash fund established in section 33-1-112 and the parks and
outdoor recreation cash fund established in section 33-10-111 shall not be
used for reimbursement of costs as provided in
SUBSECTION (1)(c)(II) OF
this section.
(5) The money in the backcountry search and rescue fund created in
subsection (1) of this section shall be subject to annual appropriation by the
general assembly for the direct and indirect costs of the administration of
this section.
(6) At the close of any fiscal year, all of the money remaining in the
backcountry search and rescue fund and appropriated for backcountry
search and rescue expenses THAT WAS CREDITED TO THE FUND PURSUANT TO
SUBSECTION
(2) OF THIS SECTION, after all approved claims
REQUESTS FOR
REIMBURSEMENT
and administrative costs have been paid, shall be USED
FIRST TO PAY FOR UNREIMBURSED BACKCOUNTRY SEARCH AND RESCUE
INCIDENTS AND THEN SHALL BE
divided among those
counties that have
applied to the department of local affairs DIVISION for year-end grants or
reimbursements from the backcountry search and rescue fund. The
department of local affairs shall divide such money among the counties,
first making payment for uncompensated backcountry searches and rescues
of parents, siblings, spouses, children, or grandchildren of persons holding
hunting or fishing licenses, vessel, snowmobile, or off-highway vehicle
registrations, or the owner of a Colorado outdoor recreation backcountry
search and rescue card and second making payment for
backcountry-search-and-rescue-related training and equipment, and for any
other uncompensated backcountry search and rescue incidents. The
department of local affairs DIVISION shall establish operating procedures for
applying for year-end grants or reimbursements from the money remaining
in the backcountry search and rescue fund IN ACCORDANCE WITH THIS
SUBSECTION
(6).
(9) (a) Within three days after June 21, 2021, the state treasurer shall
transfer two million two hundred fifty thousand dollars from the general
PAGE 6-SENATE BILL 22-168 fund to the backcountry search and rescue fund for use by the department
of local affairs in consultation with the division to support backcountry
search and rescue efforts, including to cover response costs, equipment, and
other related expenses. O
N AND AFTER JANUARY 1, 2023, ANY UNSPENT
MONEY FROM THE TRANSFER MADE PURSUANT TO THIS SUBSECTION
(9)(a)
IS FOR USE BY THE DIVISION PURSUANT TO SUBSECTION (1)(c)(I) OF THIS
SECTION
.
(b) The restrictions on use of money set forth in this section do not
apply to the department of local affairs' use,
PRIOR TO JANUARY 1, 2023, of
the money transferred pursuant to subsection (9)(a) of this section. O
N AND
AFTER
JANUARY 1, 2023, THE DIVISION MAY USE THE MONEY TRANSFERRED
PURSUANT TO SUBSECTION
(9)(a) OF THIS SECTION IN ACCORDANCE WITH
SUBSECTION
(1)(c)(I) OF THIS SECTION.
(b.5) O
N JANUARY 2, 2023, IF THERE IS ANY UNOBLIGATED AND
UNEXPENDED MONEY FROM THE TRANSFER REQUIRED BY SECTION
33-1-112
(1.7)(a)
IN THE WILDLIFE CASH FUND CREATED IN SECTION 33-1-112 (1), THE
STATE TREASURER SHALL TRANSFER THE REMAINING MONEY FROM THE
WILDLIFE CASH FUND TO THE BACKCOUNTRY SEARCH AND RESCUE FUND ON
THAT DATE
.
(10) (a) O
N AND AFTER JANUARY 1, 2023, THE DIVISION SHALL
EXECUTE
, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS , POWERS,
DUTIES, FUNCTIONS, AND OBLIGATIONS PREVIOUSLY VESTED UNDER THIS
SECTION IN THE DEPARTMENT OF LOCAL AFFAIRS
.
(b) E
FFECTIVE ON JANUARY 1, 2023, ALL POSITIONS OF EMPLOYMENT
AND APPROPRIATIONS FOR PERS ONAL SERVICES IN THE DEPARTMENT OF
LOCAL AFFAIRS RELATED TO PERFORMING THE POWERS
, DUTIES, AND
FUNCTIONS TRANSFERRED TO THE DIVISION PURSUANT TO THIS SUBSECTION
(10) AND DETERMINED BY THE DIVISION TO BE NECESSARY TO CARRY OUT
THE PURPOSES OF THIS SECTION ARE TRANSFERRED TO THE DIVISION AND ARE
EMPLOYMENT POSITIONS THEREIN
. ALL SUCH EMPLOYEES ARE EMPLOYEES
OF THE DIVISION AND RETAIN ALL RIGHTS UNDER THE STATE PERSONNEL
SYSTEM AND TO RETIREMENT BENEFITS PURSUANT TO THE LAWS OF THIS
STATE
, AND THEIR SERVICES ARE DEEMED CONTINUOUS .
(c) A
LL RULES AND POLICIES OF THE DEPARTMENT OF LOCAL AFFAIRS
ADOPTED PURSUANT TO THIS SECTION AND IN EFFECT AS OF
JANUARY 1,
PAGE 7-SENATE BILL 22-168 2023, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED BY THE DIVISION
UNTIL SUPERSEDED
, REVISED, AMENDED, REPEALED, OR NULLIFIED
PURSUANT TO LAW
. THE DIVISION SHALL ADOPT ANY RULES OR POLICIES
NECESSARY FOR THE ADMINISTRATION OF THIS SECTION AND AS OTHERWISE
AUTHORIZED BY LAW
. BEFORE INITIATING ITS FIRST RULE-MAKING OR
ADOPTING INITIAL POLICIES PURSUANT TO THIS SUBSECTION
(10)(c), THE
DIVISION SHALL CONSULT WITH THE COUNTY SHERIFFS AND THE
COLORADO
SEARCH AND RESCUE ASSOCIATION FOR INPUT ON CHANGES THAT ARE
NECESSARY TO ADMINISTER THIS SECTION
.
(d) A
NY REQUESTS FOR REIMBURSEMENT SUBMITTED TO THE
DEPARTMENT OF LOCAL AFFAIRS PRIOR TO
JANUARY 1, 2023, PURSUANT TO
SUBSECTION
(3) OF THIS SECTION THAT HAVE NOT BEEN PROCESSED OR PAID
ON
JANUARY 1, 2023, ARE TRANSFERRED TO THE DIVISION FOR IMMEDIATE
CONSIDERATION AND PAYMENT PURSUANT TO RULES ADOPTED BY THE
DEPARTMENT OF LOCAL AFFAIRS
, UNTIL SUCH RULES ARE SUPERSEDED ,
REVISED, REPEALED, OR AMENDED BY THE DIVISION.
(e) A
NY SUIT, ACTION, OR OTHER PROCEEDING , JUDICIAL OR
ADMINISTRATIVE
, RELATED TO THE ADMINISTRATION OF THIS SECTION AND
LAWFULLY COMMENCED
, OR WHICH COULD HAVE BEEN COMMENCED , BY OR
AGAINST THE DEPARTMENT OF LOCAL AFFAIRS
, OR ANY OFFICER THEREOF IN
SUCH OFFICER
'S OFFICIAL CAPACITY OR IN RELATION TO THE DISCHARGE OF
THE OFFICIAL
'S DUTIES UNDER THIS SECTION, IS ABATED BY REASON OF THE
TRANSFER OF DUTIES AND FUNCTIONS TO THE DIVISION PURSUANT TO THIS
SUBSECTION
(10).
SECTION 3. In Colorado Revised Statutes, 13-21-113.7, amend
(1) and (2)(c) as follows:
13-21-113.7. Immunity of volunteer firefighters, volunteers,
incident management teams, and their employers or organizations -
definitions - legislative declaration. (1) A volunteer firefighter or
volunteer who, in good faith, takes part in firefighting efforts or provides
emergency care, rescue, assistance, or recovery services at the scene of an
emergency, any incident management team, and any person who, in good
faith, commands, directs, employs, sponsors, or represents any such
volunteer firefighter, volunteer, or incident management team shall not be
liable for civil damages as a result of an act or omission by such volunteer
firefighter, volunteer, incident management team, or other person in
PAGE 8-SENATE BILL 22-168 connection with the emergency OR WITH ACTIVITIES DESCRIBED IN SECTION
33-1-102 (1.3); except that this exemption shall not apply to grossly
negligent, willful, wanton, or reckless acts or omissions.
(2) As used in this section:
(c) "Incident management team" means an ad hoc or standing team
of trained personnel from different departments, organizations, agencies,
and jurisdictions,
INCLUDING PERSONS ENGAGED IN BACKCOUNTRY SEARCH
AND RESCUE EFFORTS AS DEFINED IN SECTION
33-1-102 (1.3), activated to
manage the logistical, fiscal, planning, operational, safety, and community
issues related to an emergency or other incident.
SECTION 4. In Colorado Revised Statutes, 13-21-115.5, amend
(3)(c)(II)(R) and (3)(c)(III); and add (3)(c)(II)(T) and (3)(c)(II)(U) as
follows:
13-21-115.5. Volunteer service act - immunity - exception for
operation of motor vehicles - short title - legislative declaration -
definitions. (3) As used in this section, unless the context otherwise
requires:
(c) (II) "Volunteer" includes:
(R) A licensed dentist or dental hygienist governed by article 220 of
title 12 performing the practice of dentistry or dental hygiene, as defined in
section 12-220-104 and as described in section 12-220-305, as a volunteer
for a nonprofit organization, nonprofit corporation, governmental entity, or
hospital; or a dentist or dental hygienist who holds a license in good
standing from another state performing the practice of dentistry or dental
hygiene, as defined in section 12-220-104 and as described in section
12-220-305, as a volunteer for a nonprofit organization, nonprofit
corporation, governmental entity, or hospital pursuant to section 12-220-302
(1)(j); and
(T) A VOLUNTEER MEMBER OF A RESCUE UNIT AS DEFINED IN
SECTION
25-3.5-103 (11); AND
(U) A PERSON ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE
EFFORTS AS DEFINED IN SECTION
33-1-102 (1.3).
PAGE 9-SENATE BILL 22-168 (III) The nonprofit organization, nonprofit corporation,
governmental entity, or hospital for which a volunteer performs shall
annually verify that the volunteer holds an unrestricted Colorado license,
registration, or certification to practice his or her
THE VOLUNTEER'S
respective profession, IF A LICENSE, REGISTRATION, OR CERTIFICATION IS
REQUIRED FOR THE VOLUNTEER
'S PROFESSION.
SECTION 5. In Colorado Revised Statutes, 23-3.3-205, amend
(1)(a); and add (3)(c) as follows:
23-3.3-205. Dependents of deceased or permanently disabled
National Guardsman, law enforcement officer, or firefighter.
(1) (a) Any dependent of a person who died or was permanently disabled
while on state active duty, federalized active duty, or authorized training
duty as a Colorado National Guardsman or any dependent of any person
who has been permanently disabled or killed while acting to preserve the
public peace, health, and safety in the capacity of police officer, sheriff, or
other law enforcement officer or firefighter
OR ANY DEPENDENT OF A
PERSON
, INCLUDING A VOLUNTEER , WHO DIED OR WAS PERMANENTLY
DISABLED WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE
ACTIVITIES
, AS DEFINED IN SECTION 33-1-102 (1.3), upon being accepted for
enrollment into any state institution, shall be permitted to pursue studies
leading toward his or her first bachelor's degree or certificate of completion,
free of tuition and free of room and board charges of the institution, for so
long as said dependent achieves and maintains a cumulative grade point
average of 2.5 or above based upon a 4.0 scale, but said benefits shall not
be extended beyond six years from the date of enrollment. Such dependents
pursuing studies at a nonpublic institution of higher education within the
state of Colorado shall be eligible for assistance not to exceed the average
cost of undergraduate instruction calculated for a full-time equivalent
student at a comparable state institution for the previous year, and the
average cost of room and board calculated for a full-time equivalent student
at all state institutions for the previous year. Such dependents pursuing
studies at an out-of-state institution of higher education shall be eligible for
assistance not to exceed the average cost of undergraduate instruction
calculated for a full-time equivalent student at a comparable state institution
for the previous year. The commission shall provide tuition and, if
appropriate, room and board assistance to such qualified students from
appropriated student financial assistance funds.
PAGE 10-SENATE BILL 22-168 (3) (c) AN INDIVIDUAL WHO HAS BEEN PERMANENTLY DISABLED
WHILE ENGAGED IN BACKCOUNTRY SEARCH AND RESCUE ACTIVITIES
, AS
DEFINED IN SECTION
33-1-102 (1.3), IS PERMANENTLY DISABLED FOR THE
PURPOSE OF DETERMINING ELIGIBILITY OF DEPENDENTS TO QUALIFY FOR
EDUCATIONAL BENEFITS IF THE INDIVIDUAL IS
, AS A RESULT OF THE
DISABILITY
, UNABLE TO PERFORM IN THE POSITION TO WHICH THE
INDIVIDUAL WAS REGULARLY ASSIGNED AT THE TIME THE INDIVIDUAL
BECAME DISABLED
, OR, IF THE INDIVIDUAL WAS ENGAGED IN BACKCOUNTRY
SEARCH AND RESCUE ACTIVITIES AS A VOLUNTEER
, IS UNABLE TO ENGAGE IN
ANY SUBSTANTIAL FULL
-TIME GAINFUL ACTIVITY BY REASON OF MEDICALLY
DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED
TO RESULT IN DEATH OR WHICH HAS LASTED FOR A CONTINUOUS PERIOD OF
NOT LESS THAN TWELVE MONTHS AND EXISTS AT THE TIME THE DEPENDENT
SEEKS ENTRY INTO AN INSTITUTION
.
SECTION 6. Appropriation - adjustments to 2022 long bill.
(1) To implement this act, the cash funds appropriation from the
backcountry search and rescue fund created in section 33-1-112.5 (1),
C.R.S., made in the annual general appropriation act for the 2022-23 state
fiscal year to the department of local affairs for use by the division of local
government for the search and rescue program is decreased by $314,123.
(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated to
the department of natural resources for use by the division of parks and
wildlife. This appropriation is from the wildlife cash fund created in section
33-1-112 (1)(a), C.R.S. To implement this act, the division may use this
appropriation for backcountry search and rescue activities pursuant to
section 33-1-112 (1.7), C.R.S.
SECTION 7. Effective date. This act takes effect upon passage;
except that section 33-1-112.5 (1), (2), (3), (4), (5), and (6), Colorado
Revised Statutes, as amended in section 2 of this act, take effect January 1,
2023.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 11-SENATE BILL 22-168 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-SENATE BILL 22-168