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HOUSE BILL 26-1252
BY REPRESENTATIVE(S) Bradfield and Mauro, Boesenecker, Clifford,
Duran, Marshall, McCluskie;
also SENATOR(S) Marchman and Carson, Coleman.
CONCERNING UPDATES TO ST A TE ENTITIES RESPONSIBLE FOR RESPONDING
TO EMERGENCY SITUATIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-33.5-1604, add (7)
as follows:
24-33.5-1604. Duties and powers of the division -rules.
(7) THE DIVISION SHALL SUPPORT HOMELAND SECURITY INITIATIVES
BY:
(a) CREATING AND IMPLEMENTING A STATE PREPAREDNESS GOAL
AND SYSTEM TO IMPROVE STATE CAPABILITIES TO PREVENT, MITIGATE THE
EFFECTS OF, RESPOND TO, AND RECOVER FROM THREATS TO COLORADO;
(b) IMPROVING COMMUNITY PREPAREDNESS AND CITIZEN
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.
INVOLVEMENT THROUGH EXTERNAL OUTREACH;
( C) IDENTIFYING AND REDUCING DUPLICATIVE HOMELAND
SECURITY-RELATED TRAINING NEEDS AND EFFORTS;
(d) COORDINATING HOMELAND SECURITY-RELATED TRAINING
AMONG TRIBAL, STATE, LOCAL, AND REGIONAL AGENCIES, AND CREATING A
SINGLE TRAINING AND EXERCISE CALENDAR, WITH IDENTIFIED POINTS OF
CONTACT, THAT IS ACCESSIBLE VIA THE INTERNET;
( e) COORDINATING AND UPDATING HOMELAND SECURITY AND
CRITICAL INFRASTRUCTURE PROTECTION PLANS;
(f) ADMINISTERING STATE AND FEDERAL GRANTS, PROVIDING
TECHNICAL ASSISTANCE TO GRANTEES, AND COORDINATING FUNDING
OPPORTUNITIES WITH OTHER STATE AGENCIES;
(g) ADMINISTERING STATE GRANTS PROVIDED TO STATE AGENCIES
AND POLITICAL SUBDIVISIONS FROM THE DISASTER EMERGENCY FUND, AS
DESCRIBED IN SECTION 24-33.5-706;
(h) COORDINATING AND UPDATING HOMELAND SECURITY PLANS;
(i) COORDINATING ALL-HAZARD PUBLIC RISK COMMUNICATION
PRODUCTS; AND
U) DETERMINING NATIONAL INCIDENT MANAGEMENT SYSTEM
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL REQUIREMENTS.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-705.1 as
follows:
24-33.5-705.1. Coordination of recovery operations - office
duties - state recovery task force - created - duties - information
sharing.
( 1) (a) THE OFFICE OF EMERGENCY MANAGEMENT IS DESIGNATED AS
THE PRIMARY STATE AGENCY RESPONSIBLE FOR THE COORDINATION OF
DISASTER RECOVERY, PLANNING, TRAINING, EXERCISE, AND INTEGRATION OF
THE STATE RECOVERY ANNEX WITHIN THE STATE EMERGENCY OPERATIONS
PAGE 2-HOUSE BILL 26-1252
PLAN.
(b) THE OFFICE SHALL MAINTAIN AND LEAD THE STATE RECOVERY
TASK FORCE CREA TED IN SUBSECTION (2) OF THIS SECTION AND THE ST A TE'S
RECOVERY FRAMEWORK.
(2) THE STATE RECOVERY TASK FORCE IS CREATED WITHIN THE
OFFICE OF EMERGENCY MANAGEMENT. THE TASK FORCE SERVES AS THE
LEAD CLEARINGHOUSE FOR RECOVERY OPERATIONS AMONG STATE
DEPARTMENTS AND AGENCIES. THEDIRECTOROFTHEOFFICESHALLAPPOINT
THE MEMBERS OF THE TASK FORCE.
(3) THE STATE RECOVERY TASK FORCE, WHEN ACTIVATED BY THE
DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT, SHALL, IN
CONJUNCTION WITH STATE DEPARTMENTS AND THE GOVERNOR'S OFFICE:
(a) IDENTIFY PERSONNEL TO FILL AND ACTIVATE RECOVERY SUPPORT
FUNCTIONS IN SUPPORT OF RECOVERY OPERATIONS;
(b) COMPILE DAMAGE ASSESSMENT INFORMATION; AND
( c) PROVIDE RECOMMENDATIONS TO THE GOVERNOR'S DISASTER
POLICY GROUP REGARDING THE STATE'S RECOVERY STRATEGY.
( 4) THE OFFICE OF EMERGENCY MANAGEMENT SHALL DEVELOP AND
MAINTAIN THE SURVIVOR PORTAL CREATED IN SECTION 24-33.5-1106 (4)
AND FACILITATE THE COORDINATION OF STATE DEPARTMENTS
ADMINISTERING RECOVERY PROGRAMS.
(5) (a) A PERSON PROVIDING PERSONALLY IDENTIFIABLE
INFORMATION ABOUT DISASTER-IMPACTED INDIVIDUALS TO A LOCAL,
INTERJURISDICTIONAL, OR STATE EMERGENCY MANAGEMENT AGENCY MAY
REQUEST, IN WRITING, THAT THE INFORMATION ONLY BE DISSEMINATED TO
A PERSON CONNECTED WITH OR INVOLVED IN THE PROVISION OF DISASTER
RELIEF AND MAY FURTHER REQUEST THAT THE INFORMATION NOT BE
RELEASED TO ANY OTHER PERSON WITHOUT THE EXPRESS WRITTEN CONSENT
OF THE PERSON PROVIDING THE PERSONALLY IDENTIFIABLE INFORMATION.
(b) UPON A REQUEST DESCRIBED IN SUBSECTION (5)(a) OF THIS
SECTION, A LOCAL, INTERJURISDICTIONAL, OR ST ATE EMERGENCY
PAGE 3-HOUSE BILL 26-1252
MANAGEMENT AGENCY SHALL NOT DISSEMINATE THE INFORMATION
WITHOUT EXPRESS WRITTEN CONSENT OF THE PERSON OR ENTITY PROVIDING
THE INFORMATION.
SECTION 3. In Colorado Revised Statutes, 24-33.5-1106, amend
(4) as follows:
24-33.5-1106. Grants to individuals.
(4) (a) The office of emergency management may SHALL, in
collaboration with the department of local affairs created in section
24-1-125 and the Colorado energy office created in section 24-38.5-101,
implement and maintain a disaster survivor portal for disaster survivors to
apply for approved state disaster individual assistance. The portal may
provide disaster survivors with a coordinated method to access appropriate
benefits, including federal benefit programs, approved state disaster
individual assistance benefits, the disaster resilience rebuilding program
created in 24-32-134, and the sustainable rebuilding program created in
24-38.5-115. The portal may ensure equitable access to program
information including communications in the relevant languages of the
community and equitable hearing, sight, and physical accessibility. Local
governments and philanthropic entities may operate their own disaster
survivor portals in coordination with the office of emergency management.
(b) INFORMATION CONCERNING DISASTER SURVIVORS IN THE PORTAL
CREATED IN SUBSECTION (4)(a) OF THIS SECTION IS EXEMPT FROM
DISCLOSURE REQUIRED PURSUANT TO THE "COLORADO OPEN RECORDS
ACT", PART 2 OF ARTICLE 72 OF THIS TITLE 24.
( c) THE OFFICE OF EMERGENCY MANAGEMENT MAY SHARE
AGGREGATED DISASTER RECOVERY DATA, INCLUDING PORTAL DATA,
MAPPING DAT A, PROGRAM PERFORMANCE METRICS, AND FEDERAL DISASTER
PROGRAM DAT A WITH LOCAL AND ST A TE AGENCIES, VOLUNTEER
ORGANIZATIONS, AND FEDERAL PARTNERS TO FACILITATE COORDINATED
RECOVERY PLANNING AND RESOURCE ALLOCATION. THE OFFICE OF
EMERGENCY MANAGEMENT MAY SHARE AGGREGATED DISASTER RECOVERY
DATA, INCLUDING PORT AL DATA, MAPPING DATA, PROGRAM PERFORMANCE
METRICS, AND FEDERAL DISASTER PROGRAM DATA WITH THE PRESS AND THE
PUBLIC.
PAGE 4-HOUSE BILL 26-1252
SECTION 4. In Colorado Revised Statutes, 24-72-202, amend
(6)(b)(XVII) and (6)(b)(XVIII); and add (6)(b)(XX) as follows:
24-72-202. Definitions.
As used in this part 2, unless the context otherwise requires:
( 6) (b) "Public records" does not include:
(XVII) A complaint of harassment or discrimination, as described
in section 22-1-143, that is unsubstantiated and all records related to the
unsubstantiated complaint, including records of an investigation into the
complaint; -or
(XVIII) Jail assessments conducted pursuant to section 30-10-530
(5)(d) or24-31-118; OR
(XX) DISASTER SURVIVOR INFOR.MATION STORED IN THE SURVIVOR
PORTAL CREATED IN SECTION 24-33.5-1106 (4).
SECTION 5. In Colorado Revised Statutes, add with amended
and relocated provisions 24-33.5-2502.5 as follows:
24-33.5-2502.5. [Formerly 24-33.5-705.5] Auxiliary
communications unit - powers and duties of unit and office of public
safety communications regarding auxiliary communications -
definitions.
( 1) As used in this section, UNLESS THE CONTEXT OTHER WISE
REQUIRES:
(a) "Auxiliary emergency communicator" means an amateur radio
operator licensed by the United States federal communications commission
pursuant to 4 7 CFR 97 who meets the training requirements and is
credentialed by the office. An auxiliary emergency communicator meeting
the requirements of this paragraph (a) SUBSECTION (l)(a) serves as an
authorized A QUALIFIED volunteer of the offiee DIVISION for purposes of
article 10 of this title TITLE 24.
(b) "Div is ion" means the div is ion of homeland seeur icy and
PAGE 5-HOUSE BILL 26-1252
emergency management created in section 24-33.5-1603.
(c) "Office" means the office of emergency management created in
section 24-33.5-705 (1).
W (b) "Unit" means the auxiliary emergency communications unit
of the office.
(c) "UNIT MEMBER" MEANS AN AUXILIARY EMERGENCY
COMMUNICATOR OR OTHER UNIT LEADERSHIP OR SUPPORT STAFF.
(2) The auxiliary emergency communications unit is hereby
established CREA TED within the office. The unit is in the charge of the
director of the office.
(3) The unit has the following powers, and duties, AND
PROTECTIONS:
(a) Establish programs for the training and credentialing of auxiliary
emergency communicators across the state, which training and credentialing
is declared to be a matter of statewide concern. In connection with such
training and credentialing, the use of the term "auxiliary emergency
communications" within the state is limited to individuals, entities,
associations, and units of local government that have been certified by the
director of the office as meeting the training and credentialing requirements
established by the department for auxiliary emergency communicators.
(b) Assume all of the duties and possess all of the authority and
responsibilities of the radio amateur civil emergency service, referred to in
this section as "RACES", 47 CFR 97.407, within the state. Any reference
to RACES in any federal law or regulation, and any federal, state, or local
government emergency or disaster plans is to be interpreted as referring to
the unit, and the unit is the successor entity to any state RACES
organization referenced in any such law, regulation, or plan. No other
individual, entity, association, or government agency may represent that it
is a state RACES organization.
(c) Ensure that auxiliary emergency communicators are authorized
volunteers AUTHORIZE UNIT MEMBERS AS QUALIFIED VOLUNTEERS.
QUALIFIED VOLUNTEERS ARE entitled to the protections and benefits of part
PAGE 6-HOUSE BILL 26-1252
8 of this article 33.5 when assisting with the installation, maintenance, or
demolition of communication facilities of any county sheriff, local
government, local emergency planning committee, local emergency
management agency' OI state agency PARTICIPATING IN DIVISION ACTIVITIES,
whether or not such THE activities occur during a disaster; except that
sections 24-33.5-825 and 24-33.5-826 do not apply to a training exercise,
drill, or class without the express prior consent and approval of the
volunteer's employer. THE UNIT MAY USE OR OPERATE STATE VEHICLES
WHILE PARTICIPATING IN DIVISION ACTIVITIES.
(4) In connection with the powers and duties of the unit as specified
in this section, the director of the office may:
(a) Develop and issue a credential that is recognized throughout the
state for the purpose of granting access to government facilities, emergency
operations centers, incident command posts, and disaster scenes;
(b) Conduct criminal background investigations on candidates for
credentialing as auxiliary emergency communicators UNIT MEMBERS in
accordance with the security needs of the department. When the results of
a fingerprint-based criminal history record check of an applicant performed
pursuant to this section reveal a record of arrest without a disposition, the
DIVISION director shall require that applicant to submit to a name-based
judicial record check, as defined in section 22-2-119.3 (6)(d). The unit
DIVISION DIRECTOR may deny credentialing to any candidate based upon the
results of a background check.
(c) Reimburse auxiliary emergency communicators UNIT MEMBERS
for necessary travel and other reasonable expenses incurred in the
performance of their duties; including projects, training, drills, exercises,
and disaster response activities,
( d) Expend state moneys MONEY, including, but not limited to, grant
moneys MONEY or moneys MONEY otherwise budgeted to the office, to
enhance the communication infrastructure as necessary to supplement or
reinforce the existing amateur radio systems and networks within the state
for the purposes of maximizing disaster preparedness and response.
SECTION 6. Repeal of relocated provisions in this act. In
Colorado Revised Statutes, repeal 24-33.5-705.5.
PAGE 7-HOUSE BILL 26-1252
SECTION 7. In Colorado Revised Statutes, repeal 24-33.5-717.
SECTION 8. In Colorado Revised Statutes, 24-75-226, amend
(5)(e) as follows:
24-75-226. "American Rescue Plan Act of 2021" cash fund -
creation - recipient funds - limitations - reporting - appropriations -
reduction in general fund appropriations - report - legislative
declaration -definitions - repeal.
(5) (e) The office shall provide the joint budget committee with a
yearly performance report that consists of the information that the state
controller provides the secretary under subsection (5)(a) of this section and
any other information, including program evaluation information, that the
office determines to be relevant. Money in the fund or a recipient fund is
not subject to the reporting requi1ements set forth in section 24-33.5-717.
SECTION 9. In Colorado Revised Statutes, amend 24-33.5-806.5
as follows:
24-33.5-806.5. Auxiliary communications unit of the office of
public safety communications -qualified volunteers -protections and
benefits.
Notwithstanding any other prov1s10n of this part 8, any A
credentialed member AND A UNIT MEMBER, AUTHORIZED PURSUANT TO AND
IN ACCORDANCE WITH SECTION 24-33.5-705.5 (3)(c), of the auxiliary
emergency communications unit of the office of eme1ge.ncy management
PUBLIC SAFETY COMMUNICATIONS created by section 24-33.5-705 (1) is-a
PURSUANT TO SECTION 24-33.5-2502 (1) ARE qualified volunteer
VOLUNTEERS for purposes of this part 8 and article 10 of this title TITLE 24
and is ARE eligible to receive the protections and benefits specified in this
part 8 and in article 10 of this title TITLE 24.
SECTION 10.
24-33.5-1606.5.
In Colorado Revised Statutes, repeal
SECTION 11. In Colorado Revised Statutes, 24-1-128.6, amend
(2)(h)(Il)(B); and repeal (2)(h)(Il)(C) as follows:
PAGE 8-HOUSE BILL 26-1252
24-1-128.6. Department of public safety -creation.
(2) The department of public safety consists of the following
divisions:
(h) (II) The division of homeland security and emergency
management includes the following agencies, which are type 2 entities, as
defined in section 24-1-105, and which exercise their powers and perform
their duties and functions under the department of public safety:
(B) The office of prevention and security, created in section
24-33 .5-1606; AND
(C) The office of preparedness, created in section 24-33.5-1606.5,
and
SECTION 12. In Colorado Revised Statutes,24-33.5-1507, amend
(1) as follows:
24-33.5-1507. Application for grants - disbursements from
SARA Title III fund -regulations.
(1) The office ofp1epa1edness in the division of homeland security
and emergency management, created in section 24-3 3.5-1606. 5 and referred
to in this subsection (1) as the "office", "DIVISION", shall administer all
grants from the fund. The office DIVISION shall accept applications from
local emergency planning committees and from first responder
organizations who have coordinated their request with their local
emergency planning committee and shall direct those applications to the
subcommittee, which shall evaluate the applications and shall recommend
to the office DIVISION which grants should be made for the purposes of
emergency planning and emergency response, including training and
planning programs and training and planning equipment as needed to carry
out the purposes of this part 15.
SECTION 13. In Colorado Revised Statutes, 24-33 .5-1603, amend
(2)(b); and repeal (2)(c) as follows:
24-33.5-1603. Division of homeland security and emergency
management -creation -director.
PAGE 9-HOUSE BILL 26-1252
(2) The division includes the following agencies, which are type 2
entities, as defined in section 24-1-105, and which exercise their powers and
perform their duties and functions under the department:
(b) The office of prevention and security, created in section
24-33.5-1606; AND
(c) The office of p1epa1edness, c1eated in section 24-33.5-1606.5,
and
SECTION 14. In Colorado Revised Statutes, 22-32-109.1, amend
(4) introductory portion and (4)(1) as follows:
22-32-109.1. Board of education - specific powers and duties -
safe school plan - conduct and discipline code -safe school reporting
requirements -school response framework- school resource officers -
definitions.
( 4) School response framework - school safety, readiness, and
incident management plan. Each board of education shall establish a
school response framework that shall consist CONSISTING of policies
described in this subsection ( 4 ). By satisfying the requirements of this
subsection ( 4 ), a school or school district shall be IS in compliance with the
national incident management system, referred to in this subsection ( 4) as
"NIMS", developed by the federal emergency management agency. At a
minimum, the policies shalt require:
(I) School district employee safety and incident management
training, including provisions stating that completion of any courses
identified by the department of public safety pursuant to section
24-33.5-1606.5 (3), C.R.S., SECTION 24-33.5-1604 (7), as related to NIMS,
count toward the professional development requirements of a person
licensed pursuant to article 60.5 of this title;
SECTION 15. In Colorado Revised Statutes, 23-60-202, amend
( 1 )( c )(II) as follows:
23-60-202. Duties of board with respect to state system.
( 1) With respect to the community and technical colleges within the
PAGE 10-HOUSE BILL 26-1252
state system, the board has the authority, responsibility, rights, privileges,
powers, and duties customarily exercised by the governing boards of
institutions of higher education, including the following:
( c) (II) To the extent space is available, the board may allow persons
licensed pursuant to article 60.5 of title 22 to take, without charge, at
community and technical colleges, courses identified by the department of
public safety pursuant to section 24-33 .5-1606.5 (4) SECTION 24-33 .5-1604
(7), as related to the national incident management system developed by the
federal emergency management agency.
SECTION 16. In Colorado Revised Statutes, 24-33 .5-1614, amend
(2)(a) introductory portion, (2)(a)(VI), (2)(a)(VIII) introductory portion,
(2)(a)(VIII)(A), (2)(a)(VIII)(K), (2)(a)(VIII)(N), (3.3)(e) introductory
portion, (3.3)(e)(II) introductory portion, and (3.3)(e)(II)(A); and repeal
(2)(a)(VIII)(M); and add (2)(a)(VIII)(O) as follows:
24-33.5-1614. Homeland security and all-hazards senior
advisory committee - composition - duties - emergency planning
subcommittee -public safety communications subcommittee -creation
- definitions - repeal.
(2) ( a) The advisory committee consists of at least the director of the
division, who is a nonvoting member, and the following twenty-one voting
members:
(VI) One member with specialized knowledge in emergency
eommt:mieationsstems CYBERSECURITY who represents the governor's
office of infonnation technology created in section 24-37.5-103, to be
appointed by the chief infonnation officer;
(VIII) The following fourteen members, to be appointed by the
executive director in consultation with the adjutant general of the
department of military and veterans affairs and the executive directors of
the department of local affairs and the department of public health and
environment:
(A) A representative of Colorado counties, incorporated, m its
successor entity A STATEWIDE ORGANIZATION OF COLORADO COUNTIES;
PAGE I I-HOUSE BILL 26-1252
(K) A regional state homeland sccmity co01dinato1, 1cp1cscnting an
all-hazards cmct gcncy management I cgion established by cx:eeuti'1 c 01 dct
of the go V CinOI A MEMBER OF THE COLORADO CYBERSECURITY COUNCIL
CREATED PURSUANT TO SECTION 24-33.5-1902;
(M) A rcpt cscntati v c fi om the state all-haza1 ds advisory committee
fut med under the department, 01 any successor entity, and
(N) A representative of the Denver EACH COLORADO urban area
security initiative, as recognized by the United States department of
homeland security; AND
(0) AN EMERGENCY MANAGER FROM A RURAL COUNTY, AS DEFINED
BY THE STATE DEMOGRAPHER.
(3.3) (e) The subcommittee consists of at least the following
tweney-th1cc members:
(II) Five THE FOLLOWING members representing state government:
~
(A) The chief information officer of the govcmot's office of
information technology DIRECTOR OF THE OFFICE OF PUBLIC SAFETY
COMMUNICATIONS,CREATEDPURSUANTTOSECTION24-33.5-2502, orhis-or
her THE DIRECTOR'S designee;
SECTION 17. In Colorado Revised Statutes, 24-33.5-1619, amend
(3)(i) as follows:
24-33.5-1619. Natural disaster mitigation enterprise - fund -
goals - grant program - gifts, grants, or donations - legislative
declaration - definitions - repeal.
(3) Enterprise.
(i) Each member of the board is entitled to receive from money in
the fund a pct diem allow ancc of fifty dollars fut each day spent attending
official board meetings, REIMBURSEMENT FOR THE MEMBER'S TRAVEL
EXPENSES INCURRED FOR ATTENDING OFFICIAL BOARD MEETINGS IN
ACCORDANCE WITH STATE FISCAL RULES AND DEPARTMENT POLICY.
PAGE 12-HOUSE BILL 26-1252
SECTION 18. In Colorado Revised Statutes, 24-33 .5-1622, amend
(2)( d) introductory portion and (2)( d)(II) as follows:
24-33.5-1622. Colorado nonprofit security grant program- rules
-definitions - appropriation.
(2) Program created -allowable costs - rules.
(d) No late1 than August 30, 2022, The director shall prnmulgate
ADOPT rules necessary to implement the grant program. At a minimum, the
rules must specify:
(II) That a grant recipient must have submitted an application for,
but not been selected to receive, a grant under the federal program, EXCEPT
IN EXIGENT CIRCUMSTANCES, AS DETERMINED BY THE DIRECTOR, WHEN AN
IMMEDIATE AW ARD IS IN THE INTEREST OF PUBLIC SAFETY.
SECTION 19. In Colorado Revised Statutes, 24-33.5-1902, amend
(1) introductory portion, (l)(b), (l)(c), and (2)(v); and repeal (2)(a), (2)(f),
(2)(1), (2)(m), and (2)(p) as follows:
24-33.5-1902. Colorado cybersecurity council-creation -council
members.
(1) There is created in the department of public safety and within
existing resomces the Colorado cybersecutiey council THE COLORADO
CYBERSECURITY COUNCIL IS CREATED WITHIN THE DEPARTMENT OF PUBLIC
SAFETY USING EXISTING RESOURCES. The council operates as a steering
group to develop cybersecurity policy guidance for the governor; develop
comprehensive sets of prioritized goals, requirements, initiatives, and
milestones; and coordinate with the general assembly and the judicial
branch regarding cybersecurity as deemed necessary and appropriate by the
council. In addition, the council may:
(b) Review the need to conduct risk assessments of local
government systems, providing additional cybersecurity services to local
governments, and proposing necessary statutory or policy changes;
including the determination of ownership for these capabilities, AND
( c) Make recommendations to the governor and general assembly on
PAGE 13-HOUSE BILL 26-1252
the authodt) and activities of the state chief infotmation secudty offieet
with local governments by July 1, 20zz ABOUT CYBERSECURITY.
(2) The Colorado cybersecurity council is comprised of the
following members:
(a) The govetnot, acting as the chaitpeison of the council, OI the
gove1no1's designee,
(f) The adjutant genernl of the department of military and veternns
affaits,
(1) '.fhe state attorney genernl, OI the attmney genernl's designee;
(m) The ditectot of the public utilities commission 01 the diteetm's
designee,
(p) The chait of the cy bet seem icy subcommittee of th~honreland
security and all-ha:z:atds senim advisory committee,
(v) Any other person deemed necessary and appropriate by the
govetnOI EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.
SECTION 20. In Colorado Revised Statutes, 24-33.5-2502, amend
(3) and (4) as follows:
24-33.5-2502. Office of public safety communications - public
safety communications revolving fund -creation.
(3) The office shall develop a method for billing users of the office's
services the full DIRECT AND INDIRECT cost of the services, including
materials, depreciation related to capital costs, labor, and administrative
overhead. The billing method shalt MUST be fully implemented for all users
of the office's services on OI befote July 1, 2023 AND PUBLIC SAFETY
COMMUNICATIONS NETWORK OR COMPONENTS OF THE NETWORK. Revenue
generated from such THE billing shall be credited to the fund PURSUANT TO
SUBSECTION (4)(a) OF THIS SECTION.
(4) (a) The office may seek, accept, and expend SERVICE CHARGES,
FEES, REVENUE, gifts, grants, donations, and bequests from private or public
PAGE 14-HOUSE BILL 26-1252
sources for the direct and indirect costs, including personal services and
operating costs, associated with administering public safety
communications. The office shall transmit all money received through
SERVICE CHARGES, FEES, REVENUE, gifts, grants, donations, or bequests for
such RELATED purposes to the state treasurer, who shall credit the money to
the fund.
(b) The office may contract with the United States and any other
legal entities with respect to money available to the office through SERVICE
CHARGES, FEES, REVENUE, gifts, grants, donations, or bequests.
( C) THE OFFICE MAY CONTRACT WITH PRIVATE ENTITIES FOR THE
PRIVATE ENTITY USING THE PUBLIC SAFETY COMM UNI CATIONS NETWORK OR
COMPONENTS OF THE NETWORK.
(d) THE OFFICE, ACTING BY AND THROUGH THE DEPARTMENT OF
PUBLIC SAFETY, IS AUTHORIZED TO ENTER INTO ANCILLARY AGREEMENTS
AND INSTRUMENTS THAT ARE NECESSARY OR APPROPRIATE IN CONNECTION
WITH ADMINISTERING PUBLIC SAFETY COMMUNICATIONS.
SECTION 21. In Colorado Revised Statutes, 24-33 .5-2508, amend
(l)(a) as follows:
24-33.5-2508. Digital trunked radio system -service charges -
pricing policy.
(1) (a) Users of the digital trunked radio system shalt MUST be
charged the full cost of the particular service, which shall include INCLUDES
the DIRECT AND INDIRECT cost of all material, labor, and overhead. The user
charges shalt AND FEES AND REVENUE MUST be transmitted to the state
treasurer, who shall credit them to the public safety communications trust
REVOLVING fund created in section 24-33 .5-2510 SECTION 24-33 .5-2502.
The public safety communications trnst fund PUBLIC SAFETY
COMMUNICATIONS REVOLVING FUND must include user charges on public
safety radio systems of a state agency or other state entity PROVIDED BY THE
OFFICE; except that no municipality, county, city and county, or special
district shall be charged CAN INCUR user charges on public safety radio
systems of a state agency OI other state entity PROVIDED BY THE OFFICE.
SECTION 22. In Colorado Revised Statutes, 24-33.5-2509, repeal
PAGE 15-HOUSE BILL 26-1252
(l)(c) as follows:
24-33.5-2509. Interoperable communications among public
safety radio systems -statewide plan - regional plans - governmental
immunity - needs assessment.
(1) (c) A region that fails to timely submit a tactical and long-term
interoperable communications plan or revisions thereto, or a local
go'\lcrnmcnt agency that fails to collaborate in the de'\lclopment ofor timely
submit the plan, 01 a region or local go\iernment agency that fails-to
maintain cuncnt plans, is ineligible to 1cccive homeland secmity or public
safety gr ant money administer cd by the departme11t of local affait s,
department ofpublic safet-y, 01 department of public health and en v it onment
until the region submits a plan to the director of the office-:
SECTION 23. In Colorado Revised Statutes, 24-33 .5-2510, amend
(2)(b) as follows:
24-33.5-2510. Public safety communications trust fund- creation
- report.
(2) (b) In addition to any transfers made as a result of subsection
(2)( a) of this section, the depa11ment may solicit and accept gifts, grants,
donations, PROCUREMENT FUNDS, bequests, and other contributions to the
fund from local, state, and federal, PRIVATE, AND PUBLIC entities and from
public-safety-related nonprofit organizations that directly support state
departments, state institutions, state agencies, and law enforcement and
public safety political subdivisions of the state. Stteh Contributions shall be
transmitted to the state treasurer, who shall credit the contributions to the
fund.
SECTION 24. In Colorado Revised Statutes, 24-44-101.5, add (2)
as follows:
24-44-101.5. Definitions.
As used in this article 44, unless the context otherwise requires:
(2) "OFFICE" MEANS THE OFFICE OF TRIBAL AND AMERICAN INDIAN
AND ALASKA NATIVE AFFAirt.S IN THE OFFICE OF THE LIEUTENANT
PAGE 16-HOUSE BILL 26-1252
GOVERNOR.
SECTION 25. In Colorado Revised Statutes, amend 24-44-102 as
follows:
24-44-102. Establishment of commission.
rhere is hereby established in the office of the lieutenant governor
the Color ado commission oflndian affairs. THE COLORADO COMMISSION OF
INDIAN AFFAIRS IS EST AB LI SHED IN THE OFFICE OF TRIBAL AND AMERICAN
INDIAN AND ALASKA NATIVE AFFAIRS IN THE OFFICE OF THE LIEUTENANT
GOVERNOR.
SECTION 26. In Colorado Revised Statutes, 24-44-103, amend ( 1)
introductory portion, (l)(e), and (l)(f); and add (l)(l) as follows:
24-44-103. Office duties -commission powers.
( 1) It is the duty of the commission OFFICE:
( e) To study the existing status of recognition of all Indian groups,
tribes, and communities presently existing in this state; and
(f) To employ and fix the compensation of an executive director of
the commission OFFICE, who shall carry out the responsibilities of the
commission OFFICE; AND
(I) TO COORDINATE WITH THE OFFICE OF EMERGENCY MANAGEMENT,
CREATED IN PART 7 OF ARTICLE 33.5 OF THIS TITLE 24, DURING
EMERGENCIES, AS APPROPRIATE.
SECTION 27. In Colorado Revised Statutes, 24-44-104, add (2)( c)
as follows:
24-44-104. Membership - term of office - chairperson -
compensation.
(2) ( c) (I) AT-LARGE MEMBERS HA VE A LIMIT OF TWO TERMS AND
MAY SERVE A MAXIMUM OF SIX YEARS TOTAL CONSECUTIVELY.
PAGE 17-HOUSE BILL 26-1252
(II) AN AT-LARGE MEMBER MUST DEMONSTRATE A CONNECTION TO
A FEDERALLY RECOGNIZED TRIBE, AS DETERMINED BY THE COMMISSION.
SECTION 28. In Colorado Revised Statutes, amend 24-44-105 as
follows:
24-44-105. Executive director -duties.
( 1) The commission OFFICE may employ an executive director to
carry out the day-to-day responsibilities and business of the OFFICE AND
commission. THE EXECUTIVE DIRECTOR IS EMPLOYED IN THE OFFICE OF
TRIBAL AND AMERICAN INDIAN AND ALASKA NATIVE AFFAIRS IN THE OFFICE
OF THE LIEUTENANT GOVERNOR. The .executive director is an ex officio
member of the commission and must be an enrolled member of a federally
recognized Indian tribe.
(2) THE EXECUTIVE DIRECTOR MAY EMPLOY STAFF IN THE OFFICE OF
TRIBAL AND AMERICAN INDIAN AND ALASKA NATIVE AFFAIRS TO ASSIST IN
CARRYING OUT THE DUTIES OF THE OFFICE AND COMMISSION, PROMOTING
GOVERNMENT RELATIONSHIPS BETWEEN THE ST A TE AND TRIBAL
GOVERNMENTS, AND SERVING AMERICAN INDIAN AND ALASKA NATIVE
COMMUNITIES.
SECTION 29. In Colorado Revised Statutes, 24-44-106, amend ( 1)
as follows:
24-44-106. Meetings -quorum -proxy vote prohibited.
( 1) The commission shall meet quarterly and at any other such time
as it deems necessary. Meetings may be called by the chairperson or by a
petition signed by a majority of the voting members of the commission.~
days1 SEVENTY-TWO HOURS' notice shall be given in writing, BY EMAIL, OR
BY PHONE prior to the meeting date.
SECTION 30. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
PAGE 18-HOUSE BILL 26-1252
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED Oh tn wscku J\.,h,t., .t\-t'~ 2PU PL-t 1z:1or~
(Date and Time)
PAGE 19-HOUSE BILL 26-1252