Peace Officers and Firefighters

C.R.S. tit. 29, art. 5
in effect

C.R.S. § 29-5-101 Peace officers appointment

29-5-101. Peace officers appointment. A person shall not assume or exercise the functions, powers, duties, or privileges incident and belonging to a marshal, police officer, or other peace officer without having first received an appointment in writing from the lawfully constituted authorities of the state.

C.R.S. § 29-5-102 Impersonating an officer - penalty

29-5-102. Impersonating an officer - penalty. (Repealed)

C.R.S. § 29-5-103 Assignment of police officers or deputy sheriffs for temporary duty

29-5-103. Assignment of police officers or deputy sheriffs for temporary duty. The chief of police or person performing the functions thereof of any town, city, or city and county or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any county may in his or her discretion, upon request of the chief of police or person exercising the functions thereof in any other town, city, or city and county or any other state institution of higher education employing a peace officer in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any other county, assign police officers or deputies under his or her control, together with any equipment he or she deems proper, to perform temporary duty within the jurisdiction of the requesting chief of police or sheriff and under the direction and command of the requesting chief of police or sheriff; but the chief of police or sheriff assigning the officers or deputies may provide that the officers or deputies shall be under the immediate command of a superior officer designated by the assigning chief of police or sheriff, which superior officer shall be under the direct supervision and command of the requesting chief of police or sheriff. Nothing contained in this section or sections 29-5-104 to 29-5-110 shall be construed to limit the power of any town, city, city and county, or state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., to prohibit or limit by ordinance the exercise by a chief of police or sheriff of the discretion granted in sections 29-5-103 to 29-5-110.

C.R.S. § 29-5-104 Request for temporary assignment of police officers or deputy sheriffs - authority

29-5-104. Request for temporary assignment of police officers or deputy sheriffs - authority. (1) The chief of police, or person performing the functions thereof, of any town, city, or city and county or of a state institution of higher education employing a peace officer in accordance with article 7.5 of title 24, C.R.S., and the sheriff of any county may, when in his or her opinion the same is required to quell disturbances or riots or in any other situation wherein he or she deems that an emergency exists within his or her jurisdiction, request the chief of police or person performing the function thereof of any other city, town, or city and county or at another state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any other county to assign officers or deputy sheriffs under their respective commands to perform temporary duty within the jurisdiction of the requesting chief of police or sheriff and under the direction and control of the requesting chief of police or sheriff under the terms and conditions as shall be agreed upon between the requesting and assigning chiefs of police or sheriffs. The officers or deputy sheriffs shall, while so assigned and performing duties subject to the direction and control of the requesting chief of police or sheriff, have the same power within the jurisdiction of the requesting chief of police or sheriff as do regular officers or deputies, as the case may be, of the requesting chief of police or sheriff. (2) Where, under the provisions of section 29-1-206 (1), a county, municipality, or state institution of higher education, in this state enters into an intergovernmental agreement for reciprocal law enforcement with a bordering county or with a municipality within a bordering county that is located in another state, the law enforcement agency head of either county or municipality or of the state institution of higher education may, pursuant to the provisions of the intergovernmental agreement, request the law enforcement agency head of the other county or municipality or state institution of higher education to assign deputy sheriffs or other peace officers to perform law enforcement duties within the jurisdiction of the requesting law enforcement agency head and under the terms and conditions as are stated in the intergovernmental agreement. Prior to an assignment, the deputy sheriffs or other peace officers shall obtain recognition as peace officers in this state as provided for in section 29-1-206 (1). The deputy sheriffs or other peace officers shall, while so assigned and performing duties subject to the direction and control of the requesting law enforcement agency head, have the same power within the jurisdiction of the requesting law enforcement agency head as do regular deputies or other peace officers of the requesting law enforcement agency head. (3) Repealed.

C.R.S. § 29-5-105 Assignment of emergency response personnel for temporary duty - definitions

29-5-105. Assignment of emergency response personnel for temporary duty - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Emergency responder" means a county improvement district providing fire protection services or any other county department or agency that provides fire or emergency medical services, municipal fire departments, fire protection districts, metropolitan districts providing fire protection services, fire authorities, hazardous materials authorities, volunteer fire departments recognized under the "Volunteer Fire Department Organization Act", section 24-33.5-1208.5, and any ambulance service operated by a subdivision of state government. (b) "Emergency responder personnel" means paid or volunteer personnel of an emergency responder. (2) The chief or executive officer of an emergency responder may, in his or her discretion and upon a request made by the chief or executive officer of any other emergency responder, assign such personnel and equipment as he or she determines to be proper, to perform temporary emergency services duties under the direction and control of the requesting emergency responder; except that the assigning fire chief or executive officer may require that such emergency responder personnel and equipment shall be under the immediate direction and control of a superior officer of the assigning emergency responder, which superior officer shall be, during such temporary assignment, under the direction and control of the requesting fire chief or executive officer. Nothing contained in this section and sections 29-5-107 to 29-5-110 limits the power of the governing body of any emergency responder to prohibit or limit by ordinance or regulation the exercise by a fire chief or executive officer of the discretion granted in this section and sections 29-5-107 to 29-5-110.

C.R.S. § 29-5-106 Temporary assignment to labor dispute area

29-5-106. Temporary assignment to labor dispute area. Police or sheriffs' officers may be assigned to any duties provided for in sections 29-5-103 and 29-5-104 in an area where there is a labor dispute so long as the situation or incident for which such temporary assignment has been requested is not directly the result of a labor dispute and does not involve those individuals participating in the labor dispute. In a case where the temporary assignment of police or sheriffs' officers is deemed necessary as the direct result of a labor dispute, such temporary assignment may be made only after authorization by the governor or his designee.

C.R.S. § 29-5-107 Request for temporary assignment of emergency response personnel - definitions

29-5-107. Request for temporary assignment of emergency response personnel - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Emergency incident" means a natural or manmade emergency incident that overwhelms or has the potential to overwhelm local resources, which incidents include, without limitation, wildland fires, fires occurring in wildland-urban interface areas, structural fires, tornadoes, floods, explosions, weapons of mass destruction, mass casualty, hazardous materials incidents, technical rescue and extrication, emergency medical transport, and emergency medical services. (b) "Emergency responder" has the same meaning as specified in section 29-5-105 (1). (c) "Emergency responder personnel" has the same meaning as specified in section 29-5-105 (1). (2) The chief or executive officer of an emergency responder may, when in his or her opinion the same is required by an emergency incident, request the chief or executive officer of another emergency responder to assign to him or her emergency responder personnel and equipment to perform temporary duty within the boundaries of such requesting emergency responder under the direction and control of such requesting fire chief or executive officer and under such terms and conditions as shall be agreed upon between the requesting and assigning fire chiefs or executive officers. Such emergency responder personnel shall, while so assigned and performing duties subject to the direction and control of the requesting fire chief or executive officer, have the same power as the emergency responder personnel of the requesting emergency responder.

C.R.S. § 29-5-108 Liability of requesting jurisdiction

29-5-108. Liability of requesting jurisdiction. (1) During the time that a police officer or deputy sheriff, as applicable, of a town, city, city and county, county, or of a state institution of higher education employing a peace officer in accordance with article 7.5 of title 24 is assigned to temporary duty within the jurisdiction of another town, city, city and county, county, or of another state institution of higher education employing a peace officer in accordance with article 7.5 of title 24, as provided in sections 29-5-103, 29-5-104, and 29-5-106, any liability that accrues under the provisions of article 10 of title 24, on account of the negligent or otherwise tortious act of the police officer or deputy sheriff while performing the duty is imposed upon the requesting town, city, city and county, county, or state institution of higher education, and not upon the assigning jurisdiction. (2) (Deleted by amendment, L. 2021.)

C.R.S. § 29-5-109 Workers' compensation coverage

29-5-109. Workers' compensation coverage. The coverage of any police officer, deputy sheriff, or firefighter of any town, city, city and county, county, or fire protection district or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., shall not be affected by reason of the performance of temporary duties in a requesting town, city, city and county, county, fire protection district, or state institution of higher education under the provisions of sections 29-5-103 to 29-5-107, and the police officers, deputy sheriffs, and firefighters shall remain covered by the workers' compensation insurance while performing the temporary duty as fully as if they were performing their regular duties within the assigning jurisdiction.

C.R.S. § 29-5-110 Pension fund payments

29-5-110. Pension fund payments. If any police officer, deputy sheriff, or firefighter of any town, city, city and county, county, or fire protection district or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., should become disabled or be killed by reason of the performance of temporary duty within the jurisdiction of another town, city, city and county, county, fire protection district, or state institution of higher education, as provided in sections 29-5-103 to 29-5-107, and the disability would entitle him or her or his or her death would entitle his or her survivor to payment from any police or firefighters' or employee pension fund of the town, city, city and county, county, fire protection district, or state institution of higher education assigning him or her to temporary duty in another jurisdiction, had the injury occurred during the performance of his or her duties within the assigning town, city, city and county, county, fire protection district, or state institution of higher education, the police officer, deputy sheriff, or firefighter, or his or her survivor, shall be entitled to the same payment from the pension fund of the assigning town, city, city and county, county, fire protection district, or state institution of higher education, as he or she would have been entitled to receive if the injury or death had occurred within the assigning town, city, city and county, county, fire protection district, or state institution of higher education, and he or she shall not be entitled to receive a payment from any police or firefighters' or employee pension fund of the jurisdiction in which he or she performed the temporary duties.

C.R.S. § 29-5-111 Liability of peace officers

29-5-111. Liability of peace officers. (1) Notwithstanding the doctrines of sovereign immunity and respondeat superior, a city, town, county, or city and county or other political subdivision of the state or a state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., shall indemnify its paid peace officers and reserve officers, as defined in section 16-2.5-110, C.R.S., while the peace officers and reserve officers are on duty for any liability incurred by them and for any judgment, except a judgment for exemplary damages, entered against them for torts committed within the scope of their employment if the person claiming damages serves the political subdivision or state institution of higher education with a copy of the summons within ten days from the date when a copy of the summons is served on the peace officer or reserve officer. In no event shall any political subdivision or state institution of higher education be required so to indemnify its peace officers in excess of one hundred thousand dollars for one person in any single occurrence or three hundred thousand dollars for two or more persons for any single occurrence; except that in such instance no indemnity shall be allowed for any person in excess of one hundred thousand dollars. It is the duty of the city, town, county, city and county, or other political subdivision and of the state institution of higher education to provide the defense handled by the legal staff of the public entity or by other counsel, in the discretion of the public entity, for the peace officer in the claim or civil action. However, in the event that the court determines that a reserve officer, as defined in section 16-2.5-110, C.R.S., incurred the liability while acting outside the scope of his or her assigned duties or that the reserve officer acted in a willful and wanton manner in incurring the liability, the court shall order the reserve officer to reimburse the political subdivision or the state institution of higher education for reasonable costs and reasonable attorney fees expended for the defense of the reserve officer. With the approval of the governing body of the city, town, county, city and county, or other political subdivision or of the state institution of higher education, the claim or civil action may be settled or compromised. A city, town, county, city and county, or other political subdivision or a state institution of higher education may carry liability insurance to insure itself and its peace officers. If the political subdivision or state institution of higher education purchases insurance that provides substantial coverage for the peace officers with a policy limitation of at least one hundred thousand dollars for one person in any single occurrence and three hundred thousand dollars for two or more persons for any single occurrence, except that in such instance no indemnity shall be allowed for any person in excess of one hundred thousand dollars, then the political subdivision or state institution of higher education shall be liable under this section to indemnify the peace officers only to the extent of the limits and for such torts as are covered by the policy and only to the extent of the coverage of the policy. Nothing in this section shall be deemed to condone the conduct of any peace officer who uses excessive force or who violates the statutory or constitutional rights of any person. (2) This section shall apply only with respect to causes of action accruing on or after July 1, 1972.

C.R.S. § 29-5-112 Dog interactions with local law enforcement officers - training to be provided by local law enforcement agencies - policies and procedures - scope - task force - creation - composition - immunity - short title - legislative declaration - definitions

29-5-112. Dog interactions with local law enforcement officers - training to be provided by local law enforcement agencies - policies and procedures - scope - task force - creation - composition - immunity - short title - legislative declaration - definitions. (1) Short title. This section shall be known and may be cited as the "Dog Protection Act". (2) Legislative declaration. The general assembly finds, determines, and declares that it is the policy of this state to prevent, whenever possible, the shooting of dogs by local law enforcement officers in the course of performing their official duties. It is therefore the intent of the general assembly to: (a) Require training for officers of local law enforcement agencies on differentiating between canine behaviors that indicate imminent danger of attack to persons and benign behaviors commonly exhibited by dogs, such as barking, that do not suggest or pose imminent danger of attack; (b) Require local law enforcement agencies in the state to adopt policies and procedures for use of lethal and nonlethal force against dogs, which policies and procedures must: (I) Emphasize alternative methods that may be employed when dogs are encountered; and (II) Allow a dog owner or animal control officer, whenever the owner or an animal control officer is present and it is feasible, the opportunity to control or remove a dog from the immediate area in order to permit a local law enforcement officer to discharge his or her duties; (c) Recognize the important work of the dog protection task force in developing the training and incorporating the specifics of the training into the statutes. The seventeen members appointed to the task force represented a victim of a dog shooting, veterinarians, animal welfare advocates, animal behaviorists, animal control officers, the sheriffs, the police, and legal professionals. The training includes instruction regarding a dog's body language and how to interpret it, scene assessment, tools to use in dog encounters, situations involving multiple dogs, how to interact with a dog, and responses to dog behavior. The dog encounters training required by this section was designed to protect law enforcement officers, animal control officers, dog owners, innocent bystanders, and the dog. The training is not intended to provide dangerous dog training. Most importantly, the training was designed to limit, as much as feasible, the instances in which an officer would need to use deadly force against a dog, since the possibility of collateral damage, injury, or death from stray rounds is ever-present when a law enforcement officer uses deadly force. (3) Definitions. As used in this section: (a) "Dog" means any canine animal owned for domestic, companionship, service, therapeutic, assistance, sporting, working, ranching, or shepherding purposes. (b) "Dog owner" means a person owning, possessing, harboring, keeping, having guardianship of, having financial or property interest in, or having control or custody of, a dog. (c) "Licensed veterinarian" means a person who is licensed pursuant to article 315 of title 12 to practice veterinary medicine in this state. (d) "Local law enforcement agency" means a municipal police department or a county sheriff's office. a person owning, possessing, harboring, keeping, having guardianship of, having financial or property interest in, or having control or custody of, a dog. (c) "Licensed veterinarian" means a person who is licensed pursuant to article 315 of title 12 to practice veterinary medicine in this state. (d) "Local law enforcement agency" means a municipal police department or a county sheriff's office. (e) "Local law enforcement officer" means any officer in a local law enforcement agency. The term does not include an animal control officer, code enforcement officer, or a deputy sheriff who is assigned exclusively to work in jails, court security, or administration. (4) Training required. (a) (I) Each local law enforcement agency is required to provide to its officers training pertaining to encounters with dogs in the course of duty. At a minimum, the training must cover the policies and procedures adopted by the agency pursuant to subsection (6) of this section and assist officers in assessing what dog posture, barking and other vocalizations, and facial expressions typically signify, the options for distracting and escaping from a dog, options for safely capturing a dog, and defensive options in dealing with a dog. (II) Each local law enforcement agency in the state shall: (A) Develop, by September 1, 2014, a training program consistent with the requirements of this section and the minimum training curricula developed by the dog protection task force pursuant to subsection (5) of this section; (B) Require its current local law enforcement officers to complete the training program required by this subsection (4) by June 30, 2015; and (C) Require all local law enforcement officers hired on or after June 30, 2015, to complete the training required by this subsection (4) within each officer's first year of employment. (b) (I) In establishing the training program required by this subsection (4), a local law enforcement agency shall adopt or incorporate any minimum training curricula developed by the dog protection task force created in subsection (5) of this section. (II) (A) The training program required by this subsection (4) must be wholly or principally provided or overseen by either a qualified animal behavior expert or licensed veterinarian. The qualified animal behavior expert or licensed veterinarian selected to provide the training must possess the minimum qualifications specified by the dog protection task force created in subsection (5) of this section. (B) Nothing in sub-subparagraph (A) of this subparagraph (II) requires live, in-person training be provided to local law enforcement agencies by qualified animal behavior experts or licensed veterinarians. (III) In order to reduce the costs of providing the training program required by this subsection (4), a local law enforcement agency may develop its own web- or video-based training or utilize such training developed by the dog protection task force under subparagraph (III) of paragraph (d) of subsection (5) of this section, and local law enforcement agencies are encouraged to seek qualified animal behavior experts or licensed veterinarians who will volunteer to provide or participate in the training. (IV) A local law enforcement agency may collaborate with county sheriffs of Colorado, incorporated, the Colorado association of chiefs of police, the Colorado fraternal order of police, and the Colorado veterinary medical association, as well as nonprofit organizations engaged in animal welfare, to develop the training program required by this subsection (4). ovide or participate in the training. (IV) A local law enforcement agency may collaborate with county sheriffs of Colorado, incorporated, the Colorado association of chiefs of police, the Colorado fraternal order of police, and the Colorado veterinary medical association, as well as nonprofit organizations engaged in animal welfare, to develop the training program required by this subsection (4). (c) (I) The training program required by this subsection (4) must consist of a minimum of three hours of training for local law enforcement officers. (II) Nothing in this section prevents a local law enforcement agency from implementing a training program or adopting policies and procedures that exceed the minimum number of hours or other requirements set forth in this section and by the dog protection task force pursuant to subsection (5) of this section. (5) Task force. (a) There is hereby created the dog protection task force. (b) (I) The task force consists of the following nineteen members: (A) Three licensed veterinarians appointed by the Colorado veterinary medical association or its successor entity; (B) Two representatives of the Colorado federation of animal welfare agencies or its successor entity; (C) One animal behaviorist or animal behavior expert appointed by the Colorado federation of dog clubs or its successor entity; (D) Two representatives of the Colorado association of animal control officers or its successor entity; (E) Three sheriffs or deputy sheriffs representing county sheriffs of Colorado, incorporated, or its successor entity, one of whom must have at least two years of experience working in a K-9 unit and one of whom must work in a county with a population of fewer than one hundred fifty thousand persons; (F) Three representatives of the Colorado association of chiefs of police or its successor entity, one of whom must have at least two years of experience working in a K-9 unit and one of whom must work in a municipality with a population of fewer than twenty-five thousand persons; (G) One representative of the Colorado fraternal order of police or its successor entity; (H) Three persons appointed by the Colorado bar association or its successor entity, two of whom must be attorneys with expertise and experience in animal law and dog shooting cases, and one of whom must be a person, who need not be an attorney, who owns or owned a dog shot by a local law enforcement officer; and (I) One member, appointed by the Colorado veterinary medical association, with expertise in canine behavior or other animal behavior. Licensed veterinarians and attorneys are ineligible for appointment under this sub-subparagraph (I). (II) The entities responsible for appointing task force members shall notify the Colorado veterinary medical association in writing of the identity of their appointees prior to the first meeting of the task force and upon any change in their appointees. (III) Members of the task force shall not be compensated for, or reimbursed for expenses incurred in, attending meetings of the task force. (IV) The following two members are co-chairs of the task force: (A) One of the veterinarians appointed pursuant to sub-subparagraph (A) of subparagraph (I) of this paragraph (b), which co-chair shall be named by the Colorado veterinary medical association; and (B) One of the members appointed pursuant to either sub-subparagraph (E) or (F) of subparagraph (I) of this paragraph (b), as mutually agreed to by the appointing authorities. chairs of the task force: (A) One of the veterinarians appointed pursuant to sub-subparagraph (A) of subparagraph (I) of this paragraph (b), which co-chair shall be named by the Colorado veterinary medical association; and (B) One of the members appointed pursuant to either sub-subparagraph (E) or (F) of subparagraph (I) of this paragraph (b), as mutually agreed to by the appointing authorities. (c) (I) The task force shall hold its first meeting no later than September 1, 2013. (II) (A) The task force shall meet as often as necessary to complete the tasks described under paragraph (d) of this subsection (5) on or before July 1, 2014. (B) After July 1, 2014, and prior to January 31, 2015, the task force shall meet as often as it deems necessary, but no less frequently than once, to ensure that the curriculum, guidelines, and web- or video-based training are implemented and effective. (III) The task force shall hold its meetings and staff those meetings in a location offered for those purposes by one of the entities represented with task force membership, with preference accorded for the principal office of the Colorado veterinary medical association. (d) By July 1, 2014, the task force shall: (I) Develop minimum training curricula that a local law enforcement agency must use to fulfill the training requirement of subparagraph (I) of paragraph (a) of subsection (4) of this section; (II) Specify the appropriate minimum qualifications, including education, experience, or skills, that an animal behavior expert or licensed veterinarian providing the training pursuant to subparagraph (I) of paragraph (b) of subsection (4) of this section must possess; and (III) Develop, using volunteered and donated resources to the greatest extent possible, web- or video-based training that may be utilized by a local law enforcement agency to fulfill the training requirement of subsection (4) of this section. (e) The task force shall not recommend that the training required under this section be conducted by the peace officers standards and training board created in part 3 of article 31 of title 24, C.R.S. (f) The curricula, qualifications, and web- or video-based instruction described in paragraph (d) of this subsection (5) must be readily accessible by Colorado's local law enforcement agencies on one or more internet websites designated by the task force. (g) The task force created by paragraph (a) of this subsection (5) is dissolved, effective January 31, 2015. (6) Policies and procedures. (a) (I) In addition to the training program developed under subsection (4) of this section, not later than September 1, 2014, each local law enforcement agency in the state shall adopt written policies and procedures that are specifically designed to address encounters with dogs occurring in the course of duty and the use of force against such dogs. (II) At a minimum, the policies and procedures must address the following: (A) The identification and meaning of common canine behaviors, and differentiating between dogs that are exhibiting behavior that puts local law enforcement officers or other persons in imminent danger and dogs who are not engaging in such behavior; (B) The alternatives to lethal use of force against dogs; nst such dogs. (II) At a minimum, the policies and procedures must address the following: (A) The identification and meaning of common canine behaviors, and differentiating between dogs that are exhibiting behavior that puts local law enforcement officers or other persons in imminent danger and dogs who are not engaging in such behavior; (B) The alternatives to lethal use of force against dogs; (C) The reasonable opportunity for a dog owner to control or remove his or her dog from the immediate area. The policies and procedures adopted in accordance with this sub-subparagraph (C) must allow a local law enforcement officer to take into account the officer's own safety and the safety of other persons in the area, the availability of nonlethal equipment, the feasibility of so allowing a dog owner to act considering the totality of the circumstances, including the presence of an animal control officer or whether the call is a location that is listed in the dangerous dog registry created in section 35-42-115, C.R.S., or is a location at which illegal narcotics are suspected to be manufactured or trafficked, or any exigencies that may be present, such as when the local law enforcement officer is responding to a call that asserts or suggests that a person has been bitten by a dog or is in physical danger. (b) Each local law enforcement agency shall make the written policies and procedures available to the public for inspection in accordance with the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. (7) Immunity. All task force members, as volunteers, are immune from civil actions and liabilities pursuant to section 13-21-115.5, C.R.S. (8) Scope and effect. (a) This section applies only to local law enforcement agencies and is not intended to affect, implicate, or abrogate the authority of the peace officers standards and training board created in part 3 of article 31 of title 24, C.R.S. (b) This section is not intended to apply to situations in which a dog is shot accidentally, including when a local law enforcement officer intends to fire at a person but inadvertently shoots a dog. (c) Nothing in this section affects or abrogates the ability of any duly authorized person to impound or euthanize a dog in accordance with section 18-9-202.5, C.R.S., or in accordance with any resolution adopted pursuant to section 30-15-101, C.R.S.

C.R.S. § 29-5-113 Peace officers - post-traumatic stress disorder task force - creation - report - repeal

29-5-113. Peace officers - post-traumatic stress disorder task force - creation - report - repeal. (Repealed)

C.R.S. § 29-5-114 Self-contained breathing apparatus - testing - certification - recertification

29-5-114. Self-contained breathing apparatus - testing - certification - recertification. A town, city, city and county, county, fire protection district, or state institution of higher education that owns or leases any self-contained breathing apparatus, as defined in section 24-33.5-2301, for use by police officers, deputy sheriffs, or firefighters shall ensure that the apparatus and all associated pressure vessels are regularly tested and certified in accordance with all applicable federal standards and with any standards for retesting and recertification that the director of the division of fire prevention and control in the department of public safety may promulgate by rule in accordance with section 24-33.5-2303.

C.R.S. § 29-5-201 Short title

29-5-201. Short title. This part 2 shall be known and may be cited as the "Colorado Firefighter Safety Act".

C.R.S. § 29-5-202 Legislative declaration

29-5-202. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The people of Colorado have a fundamental interest in the development of harmonious and cooperative relationships between public employers and firefighters, particularly related to safety issues; (b) The state has an obligation to protect the public safety by assuring, at all times, the orderly and uninterrupted operation of fire protection agencies; (c) In order to continually maintain public safety, firefighters must be denied the right to strike; (d) The denial by some public employers of the right of firefighters to organize and bargain collectively or meet and confer leads to various forms of strife and unrest, which obstruct public safety, and when the right to strike is denied, collective bargaining with the possibility to meet and confer are the appropriate counterbalance to prevent the obstructions to public safety; (e) Unresolved disputes between firefighters and their public employers harm the public, the governmental agencies, and the employees involved; (f) Experience has proven that legal protection of the right of firefighters to organize safeguards public safety by removing certain recognized sources of strife and unrest and encouraging practices fundamental to the amicable resolution of disputes over compensation, hours, and terms and conditions of employment and by creating equality of bargaining power between public employers and the firefighters that they employ; (g) The Colorado wildfires of 2012 demonstrate the potential for loss of life and property damage associated with natural disasters. Responding to natural disasters requires a coordinated response by, and the significant contribution of staffing and resources from, fire departments all around the state. The departments are required to work closely with one another during these times, which demonstrates the statewide nature of fire protection and natural disaster response. Most departments have automatic mutual aid agreements with adjacent departments that blur jurisdictional lines even further. The ability to coordinate and cooperate is critical to effective fire protection and disaster response in the state. (h) It is the policy of this state to eliminate the causes of certain substantial obstructions to public safety and to mitigate and eliminate these obstructions when they occur by: (I) Protecting the exercise by firefighters of full freedom of association, self-organization, and other mutual aid or protection without fear of intimidation or retaliation; (II) Encouraging and promoting the practice and procedure of collective bargaining; (III) Protecting the right of firefighters to designate representatives of their own choosing for the purpose of collective bargaining, and protecting their right to participate in the political process while off duty and not in uniform, like any other citizen of this state; and (IV) If approved by a vote of the citizens of a jurisdiction, obligating public employers and employee organizations of firefighters to enter into collective bargaining with the willingness to resolve disputes relating to compensation, hours, and the terms and conditions of employment and to reduce to writing any agreements reached through negotiations; and (i) Collective bargaining for firefighters is a matter of statewide concern that affects the public safety and general welfare, as the Colorado supreme court held in City of Aurora v. Aurora Firefighters' Protective Association, 193 Colo. 437, 566 P.2d 1356 (1977). The citizens of Colorado have the right to expect a consistently high level of public safety throughout the state, which will allow the economy of Colorado to grow and prosper. (2) It is also the policy of this state to obligate public employers to meet and confer with their firefighters, upon request, to discuss safety, equipment, and noncompensatory matters.

C.R.S. § 29-5-203 Definitions

29-5-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Advisory fact-finder" means the person agreed upon by the parties or appointed by the American arbitration association, its successor organization, or a similar organization agreed upon by both parties in accordance with section 29-5-210. (2) "Bargaining unit" means all firefighters employed by the same public employer, excluding supervisors. (3) "Collective bargaining" means the performance of the mutual obligation of a public employer, through its designated representatives, and an exclusive representative to meet at reasonable times and places and negotiate in good faith with respect to compensation, hours, and terms and conditions of employment, to meet and negotiate in good faith any question arising under a collective bargaining agreement, and to execute a written contract incorporating any agreements reached. (4) "Collective bargaining agreement" means an agreement negotiated between an exclusive representative and a public employer, including one accepted by the parties after fact-finding, in addition to any terms approved by the registered electors of a public employer pursuant to section 29-5-210. (5) "Collective bargaining provisions of this part 2" means all of this part 2; except that sections 29-5-202, 29-5-203 (7), (13), and (14); 29-5-204 (1)(a), (1)(e), (2), and (3); 29-5-205; 29-5-211; 29-5-212 (4) and (5); 29-5-213; and 29-5-214 shall apply to all public employers and firefighters without regard to section 29-5-206. (6) "Compensation" means base wages or salary; any form of direct monetary payments; employer-paid health, accident, life, and disability insurance programs; employer-paid pension programs, including the amount of pension and contributions to the extent not controlled by law; deferred compensation; retiree health programs; paid time off; uniform and equipment allowances; expense reimbursement; and all eligibility conditions for compensation. (7) "Employee organization" means an organization that admits firefighters employed by a public employer to membership and represents firefighters in collective bargaining or the meet and confer process. "Employee organization" includes a person acting as an officer, representative, or agent of an employee organization. (8) "Exclusive representative" means the employee organization recognized by the public employer or named in a petition filed pursuant to section 29-5-206. (9) "Final offer" means the latest written offer made by an exclusive representative to a public employer and by a public employer to an exclusive representative at least seven days prior to the beginning of an impasse resolution hearing as described in section 29-5-210. (10) "Firefighter" means an employee of a public employer whose primary duties are directly involved with the provision of fire protection or firefighting services. "Firefighter" does not include clerical personnel or volunteer firefighters as defined in section 31-30-1102, C.R.S. (11) "General election" means a general municipal election, regular special district board election, statewide primary election, or statewide general election. (12) "Party" means an exclusive representative or a public employer. (13) "Public employer" means a municipality, including a home rule municipality, special district, fire authority, or county improvement district, that offers fire protection service and employs two or more firefighters. (14) "Strike" means the following concerted actions taken by members of a bargaining unit for the purpose of inducing, influencing, or coercing a change in the terms and conditions of employment, compensation, rights, privileges, or obligations of employment: (a) Failure to report for duty; (b) Willful absence from a position; (c) Stopping or deliberately slowing work; (d) Withholding, in whole or in part, the full, faithful, and proper performance of duties of employment; or unit for the purpose of inducing, influencing, or coercing a change in the terms and conditions of employment, compensation, rights, privileges, or obligations of employment: (a) Failure to report for duty; (b) Willful absence from a position; (c) Stopping or deliberately slowing work; (d) Withholding, in whole or in part, the full, faithful, and proper performance of duties of employment; or (e) Interrupting the operations of the public employer. (15) "Supervisor" means the chief and all officers in the rank or position immediately below the chief who report directly to the chief. No other firefighter is included in the definition of supervisor for the purposes of this part 2. (16) "Terms and conditions of employment" means compensation, hours, and all matters affecting the employment of firefighters, including items related to safety, except the budget and organizational structure of the public employer.

C.R.S. § 29-5-204 Rights of firefighters

29-5-204. Rights of firefighters. (1) Firefighters have the right to: (a) Organize, form, join, or assist an employee organization or to refrain from doing so; (b) Negotiate collectively or address grievances through representatives of their own choosing; (c) Engage in other concerted activity for the purpose of collective bargaining or other mutual aid or protection, if and to the extent that the activity is not prohibited by this part 2 or any other law of Colorado; (d) Be represented by an exclusive representative without discrimination, intimidation, or retaliation; and (e) Fully participate in the political process of their public employers while off duty and not in uniform, including speaking with members of the public employer's governing body and engaging in other legitimate political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation. (2) Nothing in this part 2 limits the right of a supervisor to be a member of an employee organization. (3) Nothing in this part 2 applies to volunteer firefighters.

C.R.S. § 29-5-205 Obligation to meet and confer

29-5-205. Obligation to meet and confer. (1) Unless the public employer and its firefighters are already party to a collective bargaining agreement or the public employer has opted into the collective bargaining provisions of this part 2, if requested to do so by the firefighters or their employee organization, a public employer has the obligation to meet and confer with its firefighters or their employee organization to discuss policies and other matters relating to their employment, including safety and equipment, but not including compensation. (2) The obligation to meet and confer does not include the obligation to engage in collective bargaining unless approved by the voters pursuant to section 29-5-206. The obligation to meet and confer includes the obligation to recognize the employee organization that requests the meet and confer process.

C.R.S. § 29-5-206 Vote of the citizens to obligate a public employer to engage in collective bargaining

29-5-206. Vote of the citizens to obligate a public employer to engage in collective bargaining. (1) If a petition signed by at least five percent of the number of persons who voted in the last general municipal election, general district election, or the total votes of each party's general election in the case of a fire authority, unless petition requirements are otherwise outlined by city charter or local ordinance, asks the public employer to engage in collective bargaining with a named employee organization, the public employer shall place on the ballot at the next general election the following question for a yes or no vote: "Should the firefighters employed by the [name of the public employer] be covered by the 'Colorado Firefighter Safety Act'?". If a majority of the registered electors voting on this question vote "yes", the public employer is obligated to engage in collective bargaining pursuant to this part 2, and the employee organization named in the petition becomes the exclusive representative of the firefighters of that public employer. If a majority of the registered electors voting on this question vote "no", the public employer will not be obligated to engage in collective bargaining under this part 2, and the meet and confer process in section 29-5-205 will continue to apply to that public employer. (2) Prior to circulating the petition referenced in subsection (1) of this section to collect the required number of signatures to place the question on the ballot, an employee organization must submit to the public employer a notice of intent to circulate the petition that contains signatures from firefighters equal to at least seventy-five percent of the potential bargaining unit. The notice need not be in any particular format. (3) If the issue of whether the public employer will be covered by the collective bargaining provisions of this part 2 has been previously voted on, the issue may be placed before the voters pursuant to the same procedure in subsection (1) of this section, no sooner than four years after the issue was last previously voted upon. If the collective bargaining provisions of this part 2 have been applied to the public employer, the ballot question presented in any subsequent election shall be: "Should the firefighters employed by the [name of the public employer] continue to be covered by the 'Colorado Firefighter Safety Act'?". (4) If there is a collective bargaining agreement in effect at the time of subsequent votes, and if any of those votes results in the public employer no longer being covered by the collective bargaining provisions of this part 2, the agreement shall remain in effect for the remainder of its term. (5) Nothing in this section prohibits a public employer from voluntarily agreeing to be covered by the collective bargaining provisions of this act. (6) The collective bargaining provisions of this part 2 apply only to a public employer that employs twenty-four or more firefighters.

C.R.S. § 29-5-207 Employee organization as exclusive representative

29-5-207. Employee organization as exclusive representative. (1) The employee organization recognized or named in the petition pursuant to section 29-5-206 for the purpose of collective bargaining becomes the exclusive representative of all firefighters in the bargaining unit for the purpose of collective bargaining. The exclusive representative shall represent all firefighters in the bargaining unit without discrimination. If an exclusive representative exists in a bargaining unit, a public employer shall not bargain in regard to matters covered by this part 2 with any firefighter, group of firefighters in the bargaining unit, or other employee organization of firefighters. (2) (a) Nothing in this section prevents firefighters, individually or as a group, from presenting complaints to a public employer and from having complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part if: (I) The exclusive representative is given an opportunity to be present at the adjustment and to express its views; and (II) The adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect between the public employer and the exclusive representative. (b) The ability to adjust complaints as described in this subsection (2) does not include the use of any process in a collective bargaining agreement to resolve grievances over the application and interpretation of the agreement. (3) An employee organization that is an exclusive representative has the right to have its dues, initiation fees, assessments, or other moneys deducted and collected by the public employer from the pay of those firefighters within the bargaining unit who authorize, in writing, the deduction of the moneys. The authorization is revocable at the firefighter's written request. The deductions commence upon the exclusive representative's written request to the public employer. The right to the deduction remains in force as long as the employee organization remains the exclusive representative for the employees in the bargaining unit.

C.R.S. § 29-5-208 Obligation to negotiate in good faith

29-5-208. Obligation to negotiate in good faith. The public employer and the exclusive representative, through appropriate officials or their representatives, have the authority and the duty to bargain collectively in good faith. The obligation to bargain in good faith does not compel either party to agree to a proposal or make a concession. The obligation to bargain in good faith requires, upon request, the exchange of information possibly relevant to the terms and conditions of employment of the firefighters or the interpretation or application of the terms of any collective bargaining agreement.

C.R.S. § 29-5-209 Collective bargaining agreement

29-5-209. Collective bargaining agreement. (1) A collective bargaining agreement entered into pursuant to this part 2 is for a term of at least one year and no more than three years, beginning January 1 and ending December 31, unless a different beginning date is agreed to by the parties, recommended by the advisory fact-finder and accepted by the parties, or set as a result of a special election. (2) If a party requests collective bargaining by sending notice to the other party, collective bargaining is required to take place no later than July 15 of the last year of the existing collective bargaining agreement or, in the case of a newly certified or recognized exclusive representative, by July 15 of the year in which bargaining will take place. If no party requests bargaining under this section by July 15 of the last year of an existing collective bargaining agreement, the agreement will continue for the next calendar year unless the parties agree to negotiate and reach a voluntary agreement on all terms of a new contract. (3) The public employer and the exclusive representative shall begin collective bargaining for the purpose of creating a new collective bargaining agreement no later than August 25 after notice to begin collective bargaining is given pursuant to subsection (2) of this section. (4) A collective bargaining agreement may contain provisions requiring all members of the bargaining unit, as a condition of employment, to pay necessary fees and expenses germane to collective bargaining and enforcement of a collective bargaining agreement that are incurred by the exclusive representative.

C.R.S. § 29-5-210 Impasse resolution

29-5-210. Impasse resolution. (1) At any time after thirty days from the start of the bargaining process, either party may declare an impasse in negotiations. If an impasse is declared, an advisory fact-finder must be appointed in the manner described in subsection (2) of this section. (2) (a) Within three days after an impasse is declared, the exclusive representative or the public employer shall notify the American arbitration association, a successor organization, or a similar organization agreed upon by both parties, referred to in this section as the "arbitration organization", and request the arbitration organization to submit simultaneously to each party within fourteen days an identical list of seven persons qualified to serve as an advisory fact-finder. The parties may agree upon an advisory fact-finder that is not on the list requested. (b) Within ten days after the arbitration organization delivers the list to the parties pursuant to paragraph (a) of this subsection (2), each party may strike two names from the list, rank the remaining names in order of preference, and return the list to the arbitration organization. If a party does not return the list within the specified time, all persons named in the list are deemed acceptable to that party. (c) Within ten days after the last list is returned to the arbitration organization pursuant to paragraph (b) of this subsection (2), or within ten days after the time the list must be returned by the parties, whichever is earlier, the arbitration organization shall appoint one advisory fact-finder from the persons who have been approved on both lists and shall notify the parties of the appointment. (3) The advisory fact-finder shall hold a hearing on the unresolved issues between the parties within thirty days after being appointed. The advisory fact-finder shall give written notice of the time and place of the hearing to the parties no later than ten days before the hearing. The hearing must be informal, and the rules of evidence prevailing in judicial proceedings are not binding. The advisory fact-finder may receive into evidence any documentary evidence and other information deemed relevant by the advisory fact-finder. The advisory fact-finder may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence relevant to the issues presented for determination. If a person refuses to obey a subpoena, take an oath, or testify, or if any witness, party, or attorney is guilty of contempt while in attendance at a hearing, the advisory fact-finder may, or the attorney general shall, if requested, invoke the aid of the district court of the county in which the hearing is being held, and the court shall issue an appropriate order. The court may punish a failure to obey the order as contempt. (4) The hearing conducted by the advisory fact-finder must be concluded within ten days after the hearing begins. With notice to the advisory fact-finder at the conclusion of the hearing, a party may submit a written brief to the advisory fact-finder within ten days after the conclusion of the hearing. (5) Within thirty days after receipt of the last written brief from a party, or within thirty days after the conclusion of the hearing if neither party notified the advisory fact-finder of its intent to file a written brief, the advisory fact-finder shall render a decision recommending a peaceful and just settlement of the unresolved issues between the exclusive representative and the public employer. The decision is limited to a recommendation of which portion of the final offers made by each party on each issue in dispute should be accepted. The decision must include written findings and a written opinion on the issues presented. The advisory fact-finder shall mail or otherwise deliver a copy of the written decision to the exclusive representative and the public employer. the public employer. The decision is limited to a recommendation of which portion of the final offers made by each party on each issue in dispute should be accepted. The decision must include written findings and a written opinion on the issues presented. The advisory fact-finder shall mail or otherwise deliver a copy of the written decision to the exclusive representative and the public employer. (6) In arriving at a decision, the advisory fact-finder shall consider: (a) The interests and welfare of the public; (b) The compensation, hours, and terms and conditions of employment of the firefighters involved in the collective bargaining in comparison with the compensation, hours, and terms and conditions of employment, including firefighter safety issues, of other firefighters in comparable communities as determined by the advisory fact-finder; (c) Stipulations of the parties; (d) The lawful authority of the public employer; (e) The financial ability of the public employer to meet the costs of any proposed settlement; (f) Changes in the cost of living; and (g) Other factors that are normally or traditionally taken into consideration in the determination of compensation, hours, and terms and conditions of employment through voluntary collective bargaining, interest arbitration, or otherwise between parties in public or private employment. (7) The advisory fact-finder shall give due weight to each factor listed in subsection (6) of this section. If the advisory fact-finder determines that a factor listed in subsection (6) of this section is not relevant, the advisory fact-finder shall state in the findings the specific reason why the factor is not relevant to the advisory fact-finder's determination. (8) The exclusive representative and the public employer shall equally bear the cost of the advisory fact-finder and related hearings. (9) (a) The public employer and the exclusive representative have fourteen days after the issuance of the advisory fact-finder's decision to consider the recommendations and further negotiate the disputed issues. No later than the end of the fourteen-day period, the public employer and the exclusive representative shall notify the other party whether it accepts or rejects the recommendations on each of the remaining unresolved issues. If either party rejects any of the recommendations, the final offers of the parties on all of the issues remaining unresolved shall be submitted as alternative single measures to a vote of the registered electors of the public employer at a special election. The registered electors shall select either the final offer of the public employer or the final offer of the exclusive representative, as presented to the advisory fact-finder. Issues agreed to during the fourteen-day period specified in this subsection (9) must not be included in the final offers submitted to the registered electors. The party that refuses to accept the recommendations of the advisory fact-finder shall pay the cost of the special election. If both parties refuse to accept the advisory fact-finder's recommendations, the public employer and the exclusive representative shall pay the cost of the special election equally. subsection (9) must not be included in the final offers submitted to the registered electors. The party that refuses to accept the recommendations of the advisory fact-finder shall pay the cost of the special election. If both parties refuse to accept the advisory fact-finder's recommendations, the public employer and the exclusive representative shall pay the cost of the special election equally. (b) The special election must not be held in conjunction with, or on the same day as, any other election and may be held on any date set by the public employer as long as it is held no more than ninety days after the date of the rejection of an advisory fact-finder's recommendation and at least thirty days' notice is given. (10) Nothing in this part 2 prohibits or impedes a public employer and an exclusive representative from continuing to bargain in good faith or from using the services of a mediator at any time during collective bargaining. If at any point in the advisory fact-finding proceedings the parties are able to conclude the dispute, or any portion thereof, with a voluntarily reached agreement, the parties shall notify the advisory fact-finder of the agreement, and the advisory fact-finder shall terminate the proceedings or discontinue the consideration of an issue resolved by the agreement. If an agreement is reached after a special election has been scheduled and the election cannot be canceled or issues cannot be removed from the ballot, the votes on the final offers of the public employer and the exclusive representative shall not be counted. (11) During impasse resolution proceedings conducted pursuant to this section, existing compensation, hours, and other terms and conditions of employment may not be changed except by an agreement between the public employer and the exclusive representative, but any such agreement must be without prejudice to either party's rights or position in the advisory fact-finder's hearing. Any changes in the collective bargaining agreement from the expired agreement must be retroactive to January 1 unless the parties agree otherwise. (12) The parties may agree to extend any of the time limits specified in this part 2 except the date for beginning bargaining. (13) The public employer shall modify any adopted budget to comply with the results of accepted recommendations from an advisory fact-finder or of a special election held pursuant to this section.

C.R.S. § 29-5-211 Strikes prohibited

29-5-211. Strikes prohibited. A firefighter or employee organization shall not strike. Nothing in this section limits or impairs the right of any firefighter to lawfully express or communicate a complaint or opinion on any matter related to compensation, hours, or terms and conditions of employment.

C.R.S. § 29-5-212 Existing bargaining relationships

29-5-212. Existing bargaining relationships. (1) The collective bargaining provisions of this part 2 do not apply to any home rule city that has language in its charter on June 5, 2013, that provides for a collective bargaining process for firefighters employed by the home rule city. This part 2 applies to all other public employers, including home rule cities without language in their charters that address a collective bargaining process for firefighters. (2) A bargaining unit in existence on June 5, 2013, remains the bargaining unit unless the bargaining unit is modified by voluntary agreement between the exclusive representative and the public employer or as otherwise provided by this part 2. (3) An employee organization recognized by a public employer as the exclusive representative for a bargaining unit as of June 5, 2013, remains the exclusive representative for the bargaining unit until the employee organization is decertified as the exclusive representative by vote of a majority of the firefighters in the bargaining unit in accordance with a process established by the public employer. (4) (a) All existing bargaining relationships of firefighters, whether created by ordinance, resolution, or voluntary recognition, remain in effect under the terms, conditions, and procedures in effect unless the public employer and exclusive representative agree to apply the collective bargaining provisions of this part 2 or until an election is held by petition pursuant to section 29-5-206. If the registered electors approve coverage of the collective bargaining provisions of this part 2 to the public employer, those provisions will apply to the bargaining unit regardless of any charter, ordinance, resolution, or voluntary recognition. An election may not be held under section 29-5-206 during the term of a collective bargaining agreement that is in existence on June 5, 2013. (b) If a vote is held pursuant to paragraph (a) of this subsection (4), the terms, conditions, and procedures in the prior bargaining relationship remain in effect until the election is completed. If the registered electors reject coverage of the collective bargaining provisions of this part 2, all terms, conditions, and procedures in the prior process remain in effect. (5) Nothing in this section changes or abrogates a collective bargaining agreement that is in existence on June 5, 2013.

C.R.S. § 29-5-213 Right to sue

29-5-213. Right to sue. A firefighter or employee organization may enforce any provision of this part 2 by filing suit in a district court in whichever venue is proper.

C.R.S. § 29-5-214 Severability

29-5-214. Severability. If any provision or clause of this part 2 or the application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application.

C.R.S. § 29-5-215 Protect public workers

29-5-215. Protect public workers. On and after the effective date of article 33 of this title 29, firefighters shall have all the rights and protections enumerated under article 33 of this title 29.

C.R.S. § 29-5-301 Definitions

29-5-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Covered individual" means a firefighter, part-time firefighter, or volunteer firefighter who meets the coverage requirements in section 29-5-302 (9). (2) "Employer" means a municipality, special district, fire authority, or county improvement district that employs one or more covered individuals. Beginning July 1, 2020, "employer" also means the division of fire prevention and control created in section 24-33.5-1201. "Employer" does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility. (3) "Firefighter" means a full-time, active employee of an employer who regularly works at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of fire protection services. (4) "Heart and circulatory malfunction" means a sudden and serious malfunction of the heart and circulatory system as occurs in a diagnosis of coronary thrombosis, cerebral vascular accident, myocardial infarction, or cardiac arrest and that meets the requirements of section 29-5-302 (6). "Heart and circulatory malfunction" does not include hypertension or angina. (5) "Part-time firefighter" means an active employee of an employer who regularly works less than one thousand six hundred hours in any calendar year, whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter. (6) "Volunteer firefighter" means either a volunteer firefighter as defined in section 31-30-1102 or an individual who provides volunteer services to a fire authority that is created by an intergovernmental agreement that provides fire protection. (7) "Work event" means stressful or strenuous activity related to fire suppression, rescue, hazardous material response, emergency medical services, disaster relief, or other emergency response activity. "Work event" includes a training activity that a covered individual engages in while on duty and that involves stressful or strenuous activity.

C.R.S. § 29-5-302 Required benefits - conditions of receiving benefits - repeal

29-5-302. Required benefits - conditions of receiving benefits - repeal. (1) (a) Except as provided in subsection (1)(b) of this section, an employer shall participate in a multiple employer health trust in order to provide the benefits specified in this section for covered individuals unless the funding provided for the benefit required by this section is insufficient pursuant to subsection (12) of this section. (b) A city and county or a municipality that, as of July 2022, has a population of four hundred thousand or more people, and as of April 30, 2024, has enacted an ordinance to provide the benefits specified in this section for its firefighters need not participate in a multiple employer health trust as required by subsection (1)(a) of this section so long as the ordinance remains in effect. (2) An employer shall provide the following minimum benefits: (a) (I) A four-thousand-dollar-lump-sum payment if a medical examination reveals that a covered individual has a heart and circulatory malfunction; and (II) A one-thousand-five-hundred-dollar payment per week, up to a maximum of seven weeks, if a covered individual made an emergency room visit and was hospitalized for up to forty-eight hours for a heart and circulatory malfunction; (b) (I) A two-thousand-dollar payment per week, up to a maximum of twenty-five weeks, if a covered individual made an emergency room visit and was hospitalized for more than forty-eight hours for a heart and circulatory malfunction; or (II) A two-thousand-five-hundred-dollar payment per week, up to a maximum of eighty weeks, if a covered individual has a heart and circulatory malfunction that prohibits the covered individual from returning to employment to a position that the covered individual is trained for or reasonably could be trained to perform; (c) A payment of up to twenty-five thousand dollars for rehabilitative employment services relating to a heart and circulatory malfunction; (d) A ten-thousand-dollar payment if a covered individual incurs cosmetic disfigurement resulting from a heart and circulatory malfunction; and (e) If the covered heart and circulatory malfunction is diagnosed as terminal, a lump sum payment of twenty-five thousand dollars as an accelerated payment toward the benefits due in subsections (2)(a) and (2)(b) of this section. (3) The receipt of a payment pursuant to subsection (2)(a)(II) or (2)(b)(I) of this section does not prohibit the covered individual from receiving an additional benefit. (4) If a covered individual returns to the same position of employment after a heart and circulatory malfunction, the covered individual is entitled to the benefits in subsection (2) of this section for any subsequent heart and circulatory malfunction. (5) The maximum amount that may be paid to a covered individual for each heart and circulatory malfunction is two hundred fifty thousand dollars. (6) The benefits and maximum payment amount in subsection (2) of this section are increased by the same percentage and at the same time as any fire and police pension association increase in the pension benefit paid to its members pursuant to section 31-31.5-410. (7) (a) The benefits paid pursuant to this section must be offset by any payments made: (I) Under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.; (II) By the fire and police pension association; (III) Pursuant to social security or a retirement plan; or (IV) As part of any other employer-paid income benefit that is made as a result of a heart and circulatory malfunction. benefits paid pursuant to this section must be offset by any payments made: (I) Under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.; (II) By the fire and police pension association; (III) Pursuant to social security or a retirement plan; or (IV) As part of any other employer-paid income benefit that is made as a result of a heart and circulatory malfunction. (b) The offsets specified in paragraph (a) of this subsection (7) apply only from the date of the determination of entitlement for the payments and do not require the repayment of any money received prior to the determination. (8) The benefits in this section are reduced by twenty-five percent if a covered individual smoked a tobacco product within five years immediately preceding the work event. (9) In order for a covered individual to be eligible for the benefits in subsection (2) of this section, the following conditions must be met: (a) Prior to the work event that results in a heart and circulatory malfunction and after the covered individual became employed by an employer, the covered individual had a medical examination that would reasonably have found an illness or injury that could have caused the heart and circulatory malfunction and no illness or injury was found at the most recent such medical examination; (b) A covered individual who is a firefighter must have at least five years of continuous, full-time employment with an employer; a covered individual who is a part-time firefighter must have at least five years of continuous, part-time or full-time employment with an employer; and a covered individual who is a volunteer firefighter must have at least five years of continuous service with the same employer; and (c) The heart and circulatory malfunction occurred during or within forty-eight hours after a work event. (10) For the purpose of employer policies and benefits, a heart and circulatory malfunction is treated as an on-the-job injury or illness. This subsection (10) does not affect any determination as to whether the heart and circulatory malfunction is covered under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S. (11) (a) There is hereby created in the state treasury the firefighter benefits cash fund. The fund consists of money appropriated from the general fund by the general assembly. The money in the fund is subject to annual appropriation by the general assembly to the department of local affairs for the purpose of reimbursing employers for the direct costs of participation in a multiple employer health trust as required by this part 3 and part 4 of article 5 of this title 29. (I) On July 1, 2028, the state treasurer shall transfer two million five hundred thousand dollars to the fund from the general fund, and on each July 1 thereafter, sufficient funds, subject to annual appropriation, to reimburse employers for the direct costs of providing the benefits required by parts 3 and 4 of article 5 of this title 29 for volunteer and part-time firefighters. (II) The general assembly shall appropriate three hundred thousand dollars for the state fiscal year beginning on July 1, 2024, five hundred thousand dollars for the state fiscal year beginning on July 1, 2025, six hundred fifty thousand dollars for the state fiscal year beginning on July 1, 2026, and one million dollars for the state fiscal year beginning on July 1 2027, from the general fund to the department of local affairs to reduce participating employer contributions for volunteer firefighters and part-time firefighters. Money appropriated pursuant to this subsection (11)(a)(II) shall be first used to reduce participating employer contributions for volunteer firefighters and the remainder shall be first used for part-time firefighters and any remaining amounts may then be used for full-time firefighters. (III) Subsection (11)(a)(II) of this section is repealed, effective July 1, 2028. and part-time firefighters. Money appropriated pursuant to this subsection (11)(a)(II) shall be first used to reduce participating employer contributions for volunteer firefighters and the remainder shall be first used for part-time firefighters and any remaining amounts may then be used for full-time firefighters. (III) Subsection (11)(a)(II) of this section is repealed, effective July 1, 2028. (b) The department of local affairs shall reimburse employers for the direct costs of participation in a multiple employer health trust as required by this part 3. (12) If, at any time, the funding provided for the benefit required by this section is insufficient to cover the cost of the benefit, then the requirements of this section to maintain the benefit shall become optional pursuant to section 29-1-304.5.

C.R.S. § 29-5-401 Legislative declaration

29-5-401. Legislative declaration. (1) House Bill 07-1008, enacted in 2007, established a rebuttable presumption in the state workers' compensation system that certain types of cancer, when contracted by firefighters, are occupational diseases caused by employment as a firefighter. (2) Nine years of experience has shown that the rebuttable presumption established by House Bill 07-1008 has produced no demonstrable benefit to firefighters but has led to significantly greater costs to employers of firefighters. (3) The purpose of this part 4 is to provide supplemental income and reimbursement for out-of-pocket costs not otherwise paid for by insurance coverage to firefighters who contract covered cancers and to reduce the cost of workers' compensation insurance for employers of firefighters. This part 4 is not a replacement for workers' compensation coverage or any other kind of medical insurance. (4) This part 4 does not eliminate or curtail the obligation of an employer of firefighters to participate in the state workers' compensation system, nor does it eliminate or curtail the right of a firefighter to pursue benefits under the state workers' compensation system. Rather, it provides a practical alternative for firefighters to pursue in dealing with the costs and burdens of covered cancers without being forced to rely on recovering compensation under the rebuttable presumption created by House Bill 07-1008.

C.R.S. § 29-5-402 Definitions

29-5-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Cancer" means cancer that originates as a cancer of the brain, skin, digestive system, hematological system, or genitourinary system or as defined by the trust. (2) "Covered individual" means a firefighter, hazardous materials trooper, part-time firefighter, or volunteer firefighter who meets the coverage requirements in section 29-5-403 (12). (3) "Employer" means a municipality, special district, fire authority, or county improvement district that employs one or more firefighters, part-time firefighters, or volunteer firefighters. Beginning July 1, 2020, "employer" also means the division of fire prevention and control created in section 24-33.5-1201 and the department of public safety created in section 24-33.5-103. "Employer" does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility. (4) "Firefighter" means a full-time, active employee of an employer who regularly works at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter. (4.5) "Hazardous materials trooper" means a person employed by the Colorado state patrol to support the regulation of hazardous materials on highways in the state. (5) "Part-time firefighter" means an active employee of an employer who regularly works less than one thousand six hundred hours in any calendar year, whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter. (6) "Trust" means a multiple employer health trust described in section 10-3-903.5 (7)(b)(I), established for the purposes of this part 4. (7) "Volunteer firefighter" means a volunteer firefighter as defined in section 31-30-1102, including a person meeting this definition who provides volunteer services to a fire authority created by an intergovernmental agreement providing fire protection.

C.R.S. § 29-5-403 Required benefits - conditions of receiving benefits

29-5-403. Required benefits - conditions of receiving benefits. (1) An employer shall participate in and make contributions to a multiple employer health trust as set forth in section 10-3-903.5 (7)(b)(I), established for the purposes of this part 4. The contribution levels, if any, and award level definitions will be set by the trust. If at any time the funding provided is insufficient to cover the cost of the program required by this section, then participation in the program is optional pursuant to section 29-1-304.5. (2) A multiple employer health trust that is established to provide a firefighter cancer benefits program shall provide the minimum benefits specified in subsection (3) of this section to covered individuals diagnosed with cancer, based on the award level of the cancer at the time of diagnosis, after the employer becomes a participant. (3) Award levels will be established by the trust based on the category and stage of the cancer as follows: (a) Award level zero, one hundred dollars up to two thousand dollars; (b) Award level one, four thousand dollars, which shall be paid in addition to the amounts paid for an award level two or higher diagnosis; (c) Award level two, five thousand dollars; (d) Award level three, fifteen thousand dollars; (e) Award level four, twenty-two thousand five hundred dollars; (f) Award level five, twenty-eight thousand one hundred twenty-five dollars; (g) Award level six, thirty-seven thousand five hundred dollars; (h) Award level seven, sixty-five thousand six hundred twenty-five dollars; (i) Award level eight, eighty-four thousand three hundred seventy-five dollars; (j) Award level nine, one hundred sixty-eight thousand seven hundred fifty dollars; or (k) Award level ten, two hundred twenty-five thousand dollars. (4) In addition to an award pursuant to subsection (3) of this section: (a) A payment is made to the covered individual for the actual cost, up to twenty-five thousand dollars, for rehabilitative or vocational training employment services and educational training relating to the cancer diagnosis; (b) A payment is made to the covered individual of up to ten thousand dollars if a covered individual incurs cosmetic disfigurement costs resulting from cancer. (5) If the cancer is diagnosed as terminal cancer, the covered individual will receive a lump-sum payment of twenty-five thousand dollars as an accelerated payment toward the benefits due in subsection (3) of this section. (6) The covered individual is entitled to additional awards if the cancer increases in award level, but the amount of any award paid earlier for the same cancer will be subtracted from the new award. (7) If a covered individual dies while owed benefits pursuant to this section, the benefits will be paid to the surviving spouse or domestic partner, if any, at the time of death, and if there is no surviving spouse or domestic partner, any surviving children equally. If there is no surviving spouse, domestic partner, or child, the obligation of the trust to pay benefits will cease. (8) If a covered individual returns to the same position of employment after a cancer diagnosis, the covered individual is entitled to the benefits in this section for any subsequent new type of covered cancer diagnosis. (9) The maximum amount that may be paid to a covered individual for each cancer diagnosis is two hundred forty-nine thousand dollars. (10) Unless the offset provisions of section 8-42-103 (1)(h) have already been taken, the benefits paid pursuant to this section must be offset by any payments made under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, regardless of when the payments are made. The trust may determine how and when the offsets are implemented. (11) The benefits in this section are reduced by twenty-five percent if a covered individual used a tobacco product within the five years immediately preceding the cancer diagnosis. offset by any payments made under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, regardless of when the payments are made. The trust may determine how and when the offsets are implemented. (11) The benefits in this section are reduced by twenty-five percent if a covered individual used a tobacco product within the five years immediately preceding the cancer diagnosis. (12) (a) In order for a covered individual to be eligible for the benefits in this section, prior to the diagnosis of cancer and no more than five years for a firefighter or hazardous materials trooper and no more than ten years for a volunteer firefighter or part-time firefighter after the firefighter, volunteer firefighter, or part-time firefighter became employed by an employer, the firefighter, hazardous materials trooper, volunteer firefighter, or part-time firefighter must have had a medical examination that would reasonably have found an illness or injury that could have caused the cancer and no illness or injury was found. (b) In addition to subsection (12)(a) of this section, in order for a covered individual to be eligible for the benefits in this section, the following conditions must be met: (I) The firefighter: (A) Has at least five years of continuous, full-time employment with an employer; and (B) Is diagnosed with cancer within ten years after ceasing employment as a firefighter; or (I.5) The hazardous materials trooper: (A) Has at least five years of continuous, full-time employment as a hazardous materials trooper; and (B) Is diagnosed with cancer within ten years after ceasing employment as a hazardous materials trooper; or (II) The volunteer firefighter: (A) Has at least ten years of active service, as used in section 31-30-1122, and has maintained a minimum training participation in the fire department of thirty-six hours each year; and (B) Is diagnosed with cancer within ten years after ceasing employment as a volunteer firefighter; or (III) The part-time firefighter: (A) Has at least ten years of active service; and (B) Is diagnosed with cancer within ten years after ceasing employment as a part-time firefighter. (c) The trust shall develop a formula to allow the combining of volunteer, part-time, and full-time firefighter service to establish eligibility. (d) The claim for benefits must be filed no later than two years after the diagnosis of the cancer. The claim for each type of cancer needs to be filed only once to allow the trust to increase the award level pursuant to subsection (3) of this section. (13) For the purpose of employer policies and benefits, a cancer diagnosis is treated as an on-the-job injury or illness. This subsection (13) does not affect any determination as to whether the cancer is covered under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8.

C.R.S. § 29-5-404 Authority of the trust - rules

29-5-404. Authority of the trust - rules. (1) In addition to any authority given to the trust, the trust has the authority to: (a) Create a program description to further define or modify, but not decrease, the benefits of this part 4; (b) Modify the contribution rates, benefit levels, including the maximum amount, consistent with subsection (1)(a) of this section, and structure of the benefits based on actuarial recommendations and with input from a committee of the trust consisting of representatives from labor, management, volunteer, and trust administration; and (c) Adopt rules and procedures for the administration of the trust.

C.R.S. § 29-5-405 Exclusion from coverage

29-5-405. Exclusion from coverage. Regardless of the funding provided, an employer who participates in the firefighter cancer benefits program created in this part 4 is not subject to section 8-41-209 (1) and (2) unless the employer ends participation in the program.

C.R.S. § 29-5-501 Definitions

29-5-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Employer" means a municipality, special district, fire authority, or county improvement district that employs one or more firefighters. "Employer" also means the division of fire prevention and control created in section 24-33.5-1201. "Employer" does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility. (2) "Firefighter" means a full- or part-time employee of an employer whose duties are directly involved with the provision of fire protection services and a volunteer firefighter as defined in section 31-30-1102. "Firefighter" includes a person meeting this definition who provides volunteer services to a fire authority created by an intergovernmental agreement providing fire protection. (3) "Trust" means a multiple employer behavioral health trust described in section 10-3-903.5 (7)(e), established for the purposes of this part 5.

C.R.S. § 29-5-502 Required program - reimbursement

29-5-502. Required program - reimbursement. (1) An employer shall participate in a multiple employer behavioral health trust in order to provide the program specified in this section for its firefighters. If at any time the funding provided pursuant to subsection (3) of this section is insufficient to cover the cost of the program required by this section, then the requirement to participate in the program becomes optional pursuant to section 29-1-304.5. (2) A trust shall provide a program planned, organized, operated, and maintained to provide basic services to firefighters for the prevention, diagnosis, and initial treatment of emotional, behavioral, or mental health disorders. Services provided under the program shall be rendered primarily on an outpatient and consultative basis, including services delivered telephonically or remotely. (3) Subject to available appropriations and the requirements of section 24-33.5-1231 (2)(a)(II), the division of fire prevention and control shall reimburse a multiple employer behavioral health trust for the direct costs of providing a program as required by this part 5 from the local firefighter safety and disease prevention fund created in section 24-33.5-1231 (1).

C.R.S. § 29-5-503 Authority of the trust - rules - report

29-5-503. Authority of the trust - rules - report. (1) In addition to any other authority given to the trust, the trust has the authority to: (a) Create a program description to further define the services available pursuant to this part 5; (b) Structure the services provided under the program based on actuarial recommendations and with input from a committee of the trust consisting of representatives of labor, management, administration, and employers serving different sized populations; and (c) Adopt policies and procedures for the administration of the trust. (2) On or before October 1, 2024, the trust, together with the division of fire prevention and control in the department of public safety, shall submit a report to the wildfire matters review committee on the implementation of this part 5. The report must, at a minimum: (a) Discuss the extent to which the program provided under this part 5 is meeting the behavioral health-care needs of firefighters in the state; (b) Assess the ongoing funding needs of the trust and whether the available funding is sufficient to allow the trust to meet the behavioral health-care needs of firefighters; and (c) Recommend any changes needed to more effectively meet the behavioral health-care needs of firefighters across the state.

C.R.S. § 29-5-601 Short title

29-5-601. Short title. The short title of this part 6 is the "Hugh McKean Act".

C.R.S. § 29-5-602 Legislative declaration

29-5-602. Legislative declaration. (1) The general assembly finds and declares that: (a) It is important to provide Colorado peace officers with access to life-saving health screenings that have been proven to mitigate the physical health effects of exposure to multiple traumatic events experienced by peace officers in the course of their duties; (b) Exposure to these traumatic events and other job-related stress factors are associated with early onset cardiac disease and other cardiac-related health issues that are found at a much higher rate among peace officers; (c) Early intervention has been found to be key in combating the tragic health consequences of working in public safety; (d) This part 6 provides funding for costs associated with obtaining these important screenings and other recommended testing; (e) While other screening may be available, the screenings provided through a trust model are targeted and tailored to individuals serving in public safety roles; (f) The trust model has been proven to be successful and should be adopted statewide in order to screen more public safety personnel; (g) Cardiac and other health screenings are an efficient use of public resources because early screening can help public safety personnel get necessary treatment and avoid much higher costs; and (h) This vital screening may allow seasoned professionals to serve in positions longer, saving resources that would be necessary to train new employees.

C.R.S. § 29-5-603 Definitions

29-5-603. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Employer" means a municipality, county, district attorney, or state agency that employs one or more peace officers. (2) "Peace officer" means a peace officer described in section 16-2.5-101 (1). (3) "Trust" means a multiple employer health trust described in section 10-3-903.5 (7)(b)(I) that is established for the purposes of this part 6.

C.R.S. § 29-5-604 Employer participation in health trust required - cardiovascular screening for peace officers

29-5-604. Employer participation in health trust required - cardiovascular screening for peace officers. (1) An employer shall participate in a trust in order to provide the program specified in this section for its peace officers. If at any time the funding provided pursuant to subsection (3) of this section is insufficient to cover the cost of the program required by this section, the requirement to participate in the program becomes optional pursuant to section 29-1-304.5. (2) A trust must provide a program that is planned, organized, operated, and maintained to cover the costs associated with cardiovascular screenings, at a minimum, and other health screenings and prevention, as practicable, for peace officers. (3) (a) (I) The general assembly shall appropriate money from the general fund or any other authorized source to the division of criminal justice within the department of public safety for the purpose of reimbursing a multiple employer health trust for the direct costs of providing a program as required by this part 6 as follows: (A) For the state fiscal year beginning on July 1, 2024, the general assembly shall appropriate two hundred thousand dollars from the general fund to the division of criminal justice in the department of public safety to be used for the purpose set forth in this subsection (3)(a)(I); (B) For the state fiscal year beginning on July 1, 2025, the general assembly shall appropriate two hundred fifty thousand dollars from the general fund to the division of criminal justice in the department of public safety to be used for the purpose set forth in this subsection (3)(a)(I); (C) For the state fiscal year beginning on July 1, 2026, the general assembly shall appropriate three hundred fifty thousand dollars from the general fund to the division of criminal justice in the department of public safety to be used for the purpose set forth in this subsection (3)(a)(I); (D) For the state fiscal year beginning on July 1, 2027, the general assembly shall appropriate five hundred thousand dollars from the general fund to the division of criminal justice in the department of public safety to be used for the purpose set forth in this subsection (3)(a)(I); and (E) For the state fiscal year beginning on July 1, 2028, the general assembly shall appropriate one million dollars from the general fund, and on each July 1 thereafter, the general assembly shall appropriate sufficient funds, subject to annual appropriation, to the division of criminal justice in the department of public safety to be used for the purpose set forth in this subsection (3)(a)(I). (II) The division of criminal justice may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 6. (b) The division of criminal justice shall use money appropriated pursuant to subsection (3)(a)(I) of this section or received through gifts, grants, or donations pursuant to subsection (3)(a)(II) of this section to reimburse a multiple employer health trust for the direct costs of providing a program as required by this part 6. (4) An employer may consent to participate in a voluntary health screening and prevention program, if the program becomes optional pursuant to subsection (1) of this section, by contributing into a multiple employer health trust as set forth in section 10-3-903.5 (7)(b)(I), which trust is established for the purposes of this part 6. The contribution levels and award level definitions will be set by the trust.

C.R.S. § 29-5-605 Trust authority

29-5-605. Trust authority. (1) In addition to any other authority given to the trust, the trust has the authority to: (a) Create a program description to further define the services available pursuant to this part 6; (b) Structure the program based on actuarial recommendations and with input from a committee of the trust consisting of representatives of labor, management, administration, and employers serving different sized populations, as determined by the trustees of the trust; and (c) Adopt policies and procedures for the administration of the trust.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-29.docxFetched: 10/6/2026

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