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.
      
      
      HOUSE BILL 14-1010
      
      
      BY REPRESENTATIVE(S) Hamner, Becker, Duran, Exum, Fields,
      Fischer, Ginal, Melton, Mitsch Bush, Pettersen, Rosenthal, Ryden, Salazar,
      Schafer, Tyler, Williams, Young, Ferrandino;
      also SENATOR(S) Rivera, Guzman, Heath, Jones, Kefalas, King, Newell,
      Nicholson, Roberts, Schwartz, Todd.
      
      
      Concerning corrections to statutory provisions relating to the
           prescribed burning program administered by the division of
           fire prevention and control in the department of public
           safety.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-33.5-1202, repeal
      (3.1); and add (2.3) as follows:
      
           24-33.5-1202.  Definitions. As used in this part 12, unless the
      context otherwise requires:
      
           (2.3)  "Certified burner" means an individual who
      successfully completes the division's certified burner training
      and certification program and possesses a valid certification
      number.
      
           (3.1)  "Certified prescribed burn manager" means an individual who
      successfully completes the division's certified burner training and
      certification program and possesses a valid certification number.
      
           SECTION 2.  In Colorado Revised Statutes, 24-33.5-1217, amend
      (3) (b) (I), (3) (b) (II), (4), and (5) (a) (II) (A) as follows:
      
           24-33.5-1217.  Prescribed burning program - training and
      certification of certified burners - rules - fees. (3) (b) (I)  Nothing in this
      section requires a private landowner to be certified by the division as a
      prescribed burn manager certified burner or qualified by national
      wildfire coordinating group standards as a prescribed burn boss to conduct
      prescribed fire on their the landowner's own property.
      
           (II)  A private landowner or the landowner's designee who is
      certified by the division as a prescribed burn manager certified burner
      or qualified by national wildfire coordinating group standards as a
      prescribed burn boss is not liable for any civil damages for acts or
      omissions made in good faith resulting in damage or injury caused by fire
      or smoke resulting from prescribed burns they conduct on their the
      landowner's own property and in compliance with applicable state laws
      and local ordinances, unless such private landowner's or designee's acts or
      omissions are grossly negligent or willful and wanton.
      
           (4)  The director, by rule, may establish a fee at an amount not to
      exceed the amount required to recover all direct costs that the division
      incurs in providing training to and processing applications for persons
      seeking certification as certified prescribed burn managers burners
      pursuant to this section. Any fees so collected shall be deposited into the
      firefighter, first responder, hazardous materials responder, and prescribed
      fire training and certification fund created in section 24-33.5-1207.
      
           (5) (a)  The director, in consultation with the Colorado state forest
      service as described in part 3 of article 31 of title 23, C.R.S., and in
      accordance with article 4 of this title:
      
           (II)  Shall adopt rules and standards:
      
           (A)  Pertaining to the training and certification of prescribed burn
      managers certified burners, including training components; application
      processes; qualification for and terms and durations of certification; types
      of certification, if applicable; grounds and processes for renewal,
      suspension, and revocation of certifications; and training, certification, and
      renewal fees; and
      
           SECTION 3.  In Colorado Revised Statutes, 24-33.5-1217.5,
      amend (1) (c) introductory portion, as follows:
      
           24-33.5-1217.5.  Minimum prescribed burning standards.
      (1)  The prescribed burning standards adopted by the director pursuant to
      section 24-33.5-1217 (5) (a) (II) (B) must, at a minimum:
      
           (c)  Require at least one person, who must be either certified by the
      division as a prescribed burn manager or qualified by national wildfire
      coordinating group standards as a prescribed burn boss at the level
      commensurate with the complexity of the burn, to be present on site:
      
           SECTION 4.  In Colorado Revised Statutes, 24-33.5-1217.7,
      amend (1) as follows:
      
           24-33.5-1217.7.  Escaped prescribed fires. (1)  If a prescribed fire
      exceeds the control capability of on-site resources, the fire is deemed to be
      escaped, and contingency suppression actions shall be taken immediately
      to bring the escape under control.
      
           SECTION 5.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO