Updates to State Emergency Response Departments & Divisions

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 STATE 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

PLAN.

(b) THE OFFICE SHALL MAINTAIN AND LEAD THE STATE RECOVERY TASK FORCE CREATED IN SUBSECTION (2) OF THIS SECTION AND THE STATE'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) SECTION,

UPON A REQUEST DESCRIBED IN SUBSECTION (5)(a) OF THIS A

LOCAL,

INTERJURISDICTIONAL,

OR

STATE

EMERGENCY

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 DATA, PROGRAM PERFORMANCE METRICS, AND FEDERAL DISASTER PROGRAM DATA WITH LOCAL AND STATE 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 PORTAL DATA, MAPPING DATA, PROGRAM PERFORMANCE METRICS, AND FEDERAL DISASTER PROGRAM DATA WITH THE PRESS AND THE PUBLIC.

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 OTHERWISE REQUIRES:

(a) "Auxiliary emergency communicator" means an amateur radio operator licensed by the United States federal communications commission pursuant to 47 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

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 CREATED 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

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.

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 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:

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.

(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:

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; (I)

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

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 VCinOI A MEMBER OF THE COLORADO CYBERSECURITY COUNCIL CREATED PURSUANT TO SECTION 24-33.5-1902;

(M) A rcpt cscntati vc 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.

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

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

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 UNICATIONS 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

(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 ofpublic health and en vit 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

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 ESTAB 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. compensation.

Membership - term of office - chairperson -

(2) ( c) (I) AT-LARGE MEMBERS HA VE A LIMIT OF TWO TERMS AND MAY SERVE A MAXIMUM OF SIX YEARS TOTAL CONSECUTIVELY.

(II) AN AT-LARGE MEMBER MUST DEMONSTRATE ACONNECTION 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 STATE 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

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.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Thursday June 4th 2026 at 12:30pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO