NOTE: The governor signed this measure on 6/5/2013.
      
      
      SENATE BILL 13-245
      
      
      BY SENATOR(S) King and Jahn, Aguilar, Baumgardner, Brophy, Cadman,
      Crowder, Grantham, Guzman, Harvey, Heath, Johnston, Jones, Kefalas,
      Lambert, Lundberg, Marble, Newell, Nicholson, Roberts, Scheffel,
      Schwartz, Tochtrop, Todd, Ulibarri, Morse;
      also REPRESENTATIVE(S) Gardner, Coram, Gerou, Labuda, Pabon,
      Pettersen, Rankin, Williams, Wright.
      
      
      Concerning the creation of the Colorado firefighting air corps in
           the division of fire prevention and control of the
           department of public safety.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-33.5-1203, add (1)
      (u) as follows:
      
           24-33.5-1203.  Duties of division. (1)  The division shall perform
      the following duties:
      
           (u)  Establish and maintain the Colorado firefighting air
      corps established under section 24-33.5-1228.
      
           SECTION 2.  In Colorado Revised Statutes, add 24-33.5-1228 as
      follows:
      
           24-33.5-1228.  Colorado firefighting air corps - creation - powers
      - Colorado firefighting air corps fund - creation - report - legislative
      declaration. (1)  There is hereby created in the division the
      Colorado firefighting air corps, also referred to in this section as
      the "C-FAC".
      
           (2) (a)  The division may:
      
           (I)  Purchase, acquire, lease, or contract for the provision
      of firefighting aircraft, facilities, equipment, and supplies for
      aerial firefighting; and
      
           (II)  Retrofit, maintain, staff, operate, and support the
      firefighting aircraft or contract for the provision of those
      services.
      
           (b) (I)  The director may enter into agreements with federal
      agencies or other states for the provision of the C-FAC's
      firefighting aircraft when the aircraft are not being utilized for
      fires or other emergencies in Colorado.
      
           (II)  The director shall establish reimbursement rates for
      the direct and indirect costs of providing aircraft from the C-FAC
      that are requested through the interagency dispatch system or
      pursuant to an agreement described in subparagraph (I) of this
      paragraph (b). All reimbursements shall be credited to the
      Colorado firefighting air corps fund created in subsection (3) of
      this section.
      
           (c)  The director may fulfill any of the duties contained in
      paragraph (a) of this subsection (2) through the use of
      public-private partnerships with one or more private or public
      entities.
      
           (3) (a)  The division shall administer the Colorado
      firefighting air corps fund, which fund is hereby created in the
      state treasury. The division is authorized to seek and accept gifts,
      grants, reimbursements, or donations from private or public
      sources for the purposes of this section. The fund consists of all
      moneys that may be appropriated to the fund by the general
      assembly, and all private and public funds received through gifts,
      grants, reimbursements, or donations that are transmitted to the
      state treasurer and credited to the fund. All interest earned
      from the investment of moneys in the fund are credited to the
      fund. The moneys in the fund are hereby continuously
      appropriated for the purposes indicated in paragraph (c) of this
      subsection (3). Any moneys not expended at the end of the fiscal
      year remain in the fund.
      
           (b)  The general assembly finds that the implementation of
      this section does not rely entirely or in any part on the receipt of
      adequate funding through gifts, grants, or donations. Therefore,
      the division is not subject to the notice requirements specified in
      section 24-75-1303 (3).
      
           (c)  The division shall use the moneys in the Colorado
      firefighting air corps fund for the direct and indirect costs of
      maintaining the Colorado firefighting air corps, including
      expenses associated with acquisition, retrofitting, labor,
      equipment, supply, transportation, air, mobilization, repair,
      maintenance, and demobilization.
      
           (4)  During the second regular session of the sixty-ninth
      general assembly, but prior to April 1, 2014, the division shall
      submit a report to the joint budget committee and to the members
      of the general assembly that sets forth the division's analysis of
      the feasibility of continuing the C-FAC and whether more
      efficacious firefighting alternatives to the C-FAC exist. The
      report shall include the division's recommendations, if any, to
      enhance the state's ability to conduct aerial firefighting through
      the C-FAC, including budget requests for direct and indirect costs
      related to the activities described in paragraph (a) of subsection
      (2) of this section.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO