NOTE: The governor signed this measure on 3/23/2016.
      
      
      SENATE BILL 16-063
      
      
      BY SENATOR(S) Roberts, Crowder, Donovan, Heath, Jones, Kefalas,
      Lambert, Martinez Humenik, Merrifield, Newell, Todd, Woods, Cadman;
      also REPRESENTATIVE(S) Vigil, Arndt, Becker K., Brown, Duran,
      Fields, Ginal, Lebsock, Lontine, Mitsch Bush, Moreno, Pettersen, Priola,
      Rosenthal, Saine, Salazar, Young, Hullinghorst.
      
      
      Concerning the authority of a local government to enter into an
           intergovernmental agreement with an out-of-state local
           government to provide critical public services.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 29-1-206.5 as
      follows:
      
           29-1-206.5.  Emergency services - agreements - immunity from
      liability - definitions. (1)  Any county, municipality, or designated
      special district in this state may enter into an agreement with a
      county, municipality, or special district from a state bordering
      this state to provide emergency services. The agreement must meet
      the requirements of section 29-1-203.
      
           (2)  If the governor declares an emergency and activates
      the "Emergency Management Assistance Compact", part 29 of
      article 60 of title 24, C.R.S., any provision of an agreement
      authorized under this section that conflicts with a provision of
      the compact or a procedural plan or program created in
      accordance with the compact is void and unenforceable.
      
           (3) (a)  Any person from another state who is performing a
      function in this state under an agreement to provide emergency
      services authorized in this section has the same immunity from
      liability as a person from the county, municipality, or designated
      special district of this state performing the same function.
      
           (b)  Any person from this state who is performing a function
      in another state under an agreement to provide emergency
      services authorized in this section has the same immunity from
      liability in the other state that he or she would have when
      performing the same function in this state.
      
           (4)  As used in this section, "designated special district"
      means a fire protection district, fire protection authority,
      ambulance district, or health service district.
      
           SECTION 2.  In Colorado Revised Statutes, amend 29-5-108 as
      follows:
      
           29-5-108.  Liability of requesting jurisdiction. (1)  During the time
      that a police officer, deputy sheriff, or firefighter of a town, city, city and
      county, county, or fire protection district or of a state institution of higher
      education employing a peace officer in accordance with article 7.5 of title
      24, C.R.S., is assigned to temporary duty within the jurisdiction of another
      town, city, city and county, county, or fire protection district, or of another
      state institution of higher education employing a peace officer in
      accordance with article 7.5 of title 24, C.R.S., as provided in sections
      29-5-103 to 29-5-107, any liability that accrues under the provisions of
      article 10 of title 24, C.R.S., on account of the negligent or otherwise
      tortious act of the police officer, deputy sheriff, or firefighter while
      performing the duty shall be imposed upon the requesting town, city, city
      and county, county, fire protection district, or state institution of higher
      education, and not upon the assigning jurisdiction.
      
           (2)  During the time that a person from another state is
      performing firefighting duties within the jurisdiction of a county,
      municipality, fire protection district, or fire protection authority
      in this state under an agreement authorized in section 29-1-206.5
      (1), any liability that accrues under the provisions of article 10 of
      title 24, C.R.S., on account of the negligent or otherwise tortious
      act of the firefighter while performing the duty is imposed upon
      the county, municipality, fire protection district, or fire
      protection authority of this state that is a party to the
      agreement.
      
           SECTION 3.  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
      10, 2016, if adjournment sine die is on May 11, 2016); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO