NOTE: This bill has been prepared for the signature of the appropriate legislative

officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.

HOUSE BILL 08-1097

BY REPRESENTATIVE(S) Lambert, Buescher, Casso, Garza-Hicks,

Green, Kerr J., Labuda, Looper, Lundberg, Marostica, Massey, May M.,
Merrifield, Mitchell V., Primavera, Roberts, Rose, Soper, Stafford, Todd,
Frangas, Gallegos, Rice, and Summers;
also SENATOR(S) Romer, Cadman, Gibbs, Groff, Isgar, Kester,
Mitchell S., Penry, Schultheis, Schwartz, Shaffer, Spence, Taylor, Tupa,
Ward, Wiens, and Williams.

CONCERNING THE PROVISION OF PROTECTIONS TO CERTAIN TYPES OF

VOLUNTEERS WHO VOLUNTEER THEIR SERVICES IN A STATE-LEVEL
EMERGENCY SITUATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 1 of title 28, Colorado Revised Statutes, is

amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS
to read:

28-1-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE

CONTEXT OTHERWISE REQUIRES:

(1) "CIVIL AIR PATROL MISSION" MEANS AN ACTUAL EMERGENCY

OPERATIONAL MISSION OF THE COLORADO WING OF CIVIL AIR PATROL THAT

________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
HAS BEEN DULY AUTHORIZED UNDER CIVIL AIR PATROL REGULATIONS,
INCLUDING, BUT NOT LIMITED TO, THROUGH THE UNITED STATES AIR FORCE,
THE GOVERNOR'S OFFICE, OR OTHER POLITICAL SUBDIVISION OF THE STATE
THAT HAS THE AUTHORITY TO AUTHORIZE AN EMERGENCY OPERATIONAL
MISSION OF THE COLORADO WING OF THE CIVIL AIR PATROL.

(2) "MEMBER" MEANS A MEMBER OF THE CIVIL AIR PATROL,

COLORADO WING.

(3) "PRIVATE EMPLOYER" MEANS AN EMPLOYER THAT IS NOT THE

STATE OR ANY POLITICAL SUBDIVISION, MUNICIPAL CORPORATION, OR OTHER
PUBLIC AGENCY OF THE STATE.

28-1-103. Civil air patrol - discrimination prohibited. AN

EMPLOYER SHALL NOT DISCRIMINATE AGAINST OR DISCHARGE FROM
EMPLOYMENT ANY MEMBER OF THE CIVIL AIR PATROL BECAUSE OF SUCH
MEMBERSHIP AND SHALL NOT HINDER OR PREVENT A MEMBER FROM
PERFORMING DURING ANY CIVIL AIR PATROL MISSION FOR WHICH A MEMBER
IS ENTITLED TO LEAVE PURSUANT TO THIS ARTICLE.

28-1-104. Public employees - leave of absence. (1) ANY MEMBER

WHO IS AN OFFICER OR EMPLOYEE OF THE STATE OR OF ANY POLITICAL
SUBDIVISION, MUNICIPAL CORPORATION, OR OTHER PUBLIC AGENCY OF THE
STATE AND WHO IS CALLED TO DUTY FOR A CIVIL AIR PATROL MISSION IS
ENTITLED TO A LEAVE OF ABSENCE FROM THE MEMBER'S OFFICE OR
EMPLOYMENT FOR THE TIME WHEN THE MEMBER IS ENGAGED IN THE CIVIL
AIR PATROL MISSION WITHOUT LOSS OF PAY, SENIORITY, STATUS, EFFICIENCY
RATING, VACATION, SICK LEAVE, OR OTHER BENEFITS. THE LEAVE WITHOUT
LOSS OF PAY THAT IS ALLOWED PURSUANT TO THIS SECTION SHALL NOT
EXCEED A TOTAL OF FIFTEEN WORK DAYS IN ANY CALENDAR YEAR; EXCEPT
THAT SUCH LEAVE WITHOUT LOSS OF PAY SHALL BE ALLOWED ONLY IF THE
REQUIRED CIVIL AIR PATROL SERVICE IS SATISFACTORILY PERFORMED, WHICH
SHALL BE PRESUMED UNLESS THE CONTRARY IS ESTABLISHED.

(2) THE LEAVE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS

SECTION SHALL BE ALLOWED ONLY IF THE MEMBER RETURNS TO HIS OR HER
PUBLIC POSITION AS SOON AS PRACTICABLE AFTER BEING RELIEVED FROM
SERVICE FOR THE CIVIL AIR PATROL MISSION.

(3) A STATE AGENCY OR ANY POLITICAL SUBDIVISION, MUNICIPAL

PAGE 2-HOUSE BILL 08-1097

CORPORATION, OR OTHER PUBLIC AGENCY OF THE STATE MAY HIRE A
TEMPORARY EMPLOYEE TO FILL A VACANCY CREATED BY A LEAVE OF
ABSENCE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(4) UPON RETURNING FROM A LEAVE OF ABSENCE ALLOWED

PURSUANT TO THIS SECTION, A MEMBER IS ENTITLED TO RETURN TO THE
SAME POSITION AND CLASSIFICATION HELD BY THE MEMBER BEFORE THE
LEAVE OF ABSENCE FOR THE CIVIL AIR PATROL MISSION OR TO THE POSITION,
INCLUDING THE GEOGRAPHIC LOCATION OF THE POSITION, AND
CLASSIFICATION THAT THE MEMBER WOULD HAVE BEEN ENTITLED TO IF THE
MEMBER DID NOT TAKE A LEAVE OF ABSENCE FOR THE CIVIL AIR PATROL
MISSION.

(5) A MEMBER WHO IS AN OFFICER OR EMPLOYEE OF THE STATE OR

OF ANY POLITICAL SUBDIVISION, MUNICIPAL CORPORATION, OR OTHER
PUBLIC AGENCY OF THE STATE, RECEIVING LEAVE OF ABSENCE PURSUANT TO
THIS SUBSECTION AND HAVING RIGHTS IN ANY STATE, MUNICIPAL, OR OTHER
PUBLIC PENSION, RETIREMENT, OR RELIEF SYSTEM SHALL RETAIN ALL OF THE
RIGHTS ACCRUED UP TO THE TIME OF TAKING THE LEAVE AND SHALL HAVE
ALL RIGHTS SUBSEQUENTLY ACCRUING UNDER SUCH SYSTEM AS IF THE
MEMBER DID NOT TAKE THE LEAVE. ANY INCREASE IN THE AMOUNT OF
MONEY BENEFITS ACCRUING WITH RESPECT TO THE TIME OF THE LEAVE IS
DEPENDENT UPON THE PAYMENT OF ANY CONTRIBUTIONS OR ASSESSMENTS,
AND THE RIGHT TO THE INCREASE IS DEPENDENT UPON THE PAYMENT OF
CONTRIBUTIONS OR ASSESSMENTS WITHIN A REASONABLE TIME AFTER THE
TERMINATION OF THE LEAVE AND UPON SUCH TERMS AS THE AUTHORITIES IN
CHARGE OF THE SYSTEM MAY PRESCRIBE.

28-1-105. Private employees - leave of absence. (1) ANY MEMBER

WHO IS EMPLOYED BY A PRIVATE EMPLOYER AND WHO IS CALLED TO DUTY
FOR A CIVIL AIR PATROL MISSION IS ENTITLED TO A LEAVE OF ABSENCE FROM
THE MEMBER'S PRIVATE EMPLOYMENT, OTHER THAN EMPLOYMENT OF A
TEMPORARY NATURE, FOR THE TIME WHEN THE MEMBER IS ENGAGED IN THE
CIVIL AIR PATROL MISSION. THE LEAVE ALLOWED PURSUANT TO THIS
SECTION SHALL NOT EXCEED A TOTAL OF FIFTEEN WORK DAYS IN ANY
CALENDAR YEAR, AND THE LEAVE SHALL BE ALLOWED ONLY IF THE MEMBER
GIVES EVIDENCE TO THE EMPLOYER OF THE SATISFACTORY COMPLETION OF
THE CIVIL AIR PATROL SERVICE.

(2) THE PERIOD OF ABSENCE ALLOWED PURSUANT TO THIS SECTION

PAGE 3-HOUSE BILL 08-1097

SHALL BE CONSTRUED AS AN ABSENCE WITH LEAVE AND WITHOUT PAY AND
SHALL IN NO WAY AFFECT THE MEMBER'S RIGHTS TO VACATION, SICK LEAVE,
BONUS, ADVANCEMENT, OR OTHER EMPLOYMENT BENEFITS OR ADVANTAGES
RELATING TO AND NORMALLY TO BE EXPECTED FOR THE MEMBER'S
PARTICULAR EMPLOYMENT.

(3) THE LEAVE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS

SECTION SHALL BE ALLOWED ONLY IF THE MEMBER RETURNS TO HIS OR HER
PUBLIC POSITION AS SOON AS PRACTICABLE AFTER BEING RELIEVED FROM
SERVICE FOR THE CIVIL AIR PATROL MISSION.

(4) THE PRIVATE EMPLOYER OF A MEMBER WHO TAKES LEAVE FROM

THE MEMBER'S EMPLOYMENT IN ORDER TO ENGAGE IN A CIVIL AIR PATROL
MISSION SHALL, UPON THE MEMBER'S COMPLETION OF THE MISSION, RESTORE
THE MEMBER TO THE POSITION THE MEMBER HELD PRIOR TO THE LEAVE OF
ABSENCE OR TO A SIMILAR POSITION.

28-1-106. Employer's noncompliance - actions. IF AN EMPLOYER

VIOLATES ANY PROVISION OF THIS ARTICLE, THE AGGRIEVED MEMBER MAY
BRING A CIVIL ACTION FOR DAMAGES OR EQUITABLE RELIEF OR BOTH. IN
ANY SUCH CIVIL ACTION, THE COURT SHALL AWARD REASONABLE ATTORNEY
FEES AND COSTS TO THE PREVAILING PARTY.

SECTION 2. 24-10-103 (4) (a), Colorado Revised Statutes, is

amended to read:

24-10-103. Definitions. As used in this article, unless the context

otherwise requires:

(4) (a) "Public employee" means an officer, employee, servant, or

authorized volunteer of the public entity, whether or not compensated,
elected, or appointed, but does not include an independent contractor or any
person who is sentenced to participate in any type of useful public service.
For the purposes of this subsection (4), "authorized volunteer" means a
person who performs an act for the benefit of a public entity at the request
of and subject to the control of such public entity AND INCLUDES A
QUALIFIED VOLUNTEER AS DEFINED IN SECTION 24-32-2202 (6).

SECTION 3. 24-32-2202, Colorado Revised Statutes, is amended

BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to

PAGE 4-HOUSE BILL 08-1097

read:

24-32-2202. Definitions. As used in this part 22, unless the context

otherwise requires:

(3.3) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS.

(3.5) "DISASTER"SHALL HAVE THE SAME MEANING AS SET FORTH IN

SECTION 24-32-2103 (1.5).

(3.7) "EMERGENCY VOLUNTEER SERVICE" MEANS ALL ACTIVITIES

AUTHORIZED AND CARRIED OUT BY A VOLUNTEER WHO IS A MEMBER OF A
QUALIFIED VOLUNTEER ORGANIZATION AS DIRECTED BY A COUNTY SHERIFF,
LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING COMMITTEE, OR STATE
AGENCY IN THE EVENT OF DISASTER.

(4.5) EMERGENCY PLANNING COMMITTEE" MEANS A

"LOCAL
COMMITTEE THAT MEETS THE CRITERIA SPECIFIED IN SECTION 24-32-2604.

(6) "QUALIFIED VOLUNTEER" MEANS A VOLUNTEER WHO MEETS THE

CRITERIA SPECIFIED IN SECTION 24-32-2224 (1).

(7) "VOLUNTEER" MEANS A VOLUNTEER WHO IS A MEMBER OF A

VOLUNTEER ORGANIZATION AND PROVIDES VOLUNTEER SERVICES THROUGH
THE ORGANIZATION IN THE EVENT OF A DISASTER.

(8) "VOLUNTEER ORGANIZATION" MEANS AN ORGANIZATION THAT

PROVIDES EMERGENCY SERVICES ON A STATE OR LOCAL LEVEL PURSUANT TO
THIS PART 22.

SECTION 4. Part 22 of article 32 of title 24, Colorado Revised

Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW
SECTIONS to read:

24-32-2222. County sheriff - local government - local emergency

planning committee - memorandum of understanding with volunteer
organizations. (1) ANY COUNTY SHERIFF, THE DIRECTOR OF ANY LOCAL
GOVERNMENT, ANY LOCAL EMERGENCY PLANNING COMMITTEE, OR ANY
STATE AGENCY MAY DEVELOP AND ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH ONE OR MORE VOLUNTEER ORGANIZATIONS TO ASSIST

PAGE 5-HOUSE BILL 08-1097

THE COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING
COMMITTEE, OR STATE AGENCY IN PROVIDING SERVICES IN THE EVENT OF A
DISASTER.

(2) A MEMORANDUM OF UNDERSTANDING BETWEEN A COUNTY

SHERIFF, A LOCAL GOVERNMENT, A LOCAL EMERGENCY PLANNING
COMMITTEE, OR A STATE AGENCY AND A VOLUNTEER ORGANIZATION MAY
INCLUDE THE FOLLOWING INFORMATION:

(a) THE CIRCUMSTANCES UNDER WHICH THE COUNTY SHERIFF, LOCAL

GOVERNMENT, LOCAL EMERGENCY PLANNING COMMITTEE, OR STATE
AGENCY MAY REQUEST THE SERVICES OF THE VOLUNTEER ORGANIZATION IN
A DISASTER;

(b) THE CIRCUMSTANCES UNDER WHICH THE VOLUNTEER

ORGANIZATION MAY ACCEPT OR REFUSE THE REQUEST FOR ASSISTANCE BY
THE COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING
COMMITTEE, OR STATE AGENCY IN A DISASTER;

(c) THE PARTY THAT WILL BE RESPONSIBLE FOR ANY COSTS

INCURRED BY THE VOLUNTEER ORGANIZATION IN THE COURSE OF ASSISTING
THE COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING
COMMITTEE, OR STATE AGENCY IN A DISASTER;

(d) THESPECIFIC TRAINING OR CERTIFICATION REQUIRED FOR

VOLUNTEERS WHO ARE MEMBERS OF THE VOLUNTEER ORGANIZATION TO BE
AUTHORIZED TO ASSIST THE COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL
EMERGENCY PLANNING COMMITTEE, OR STATE AGENCY IN A DISASTER;

(e) THE DURATION OF THE MEMORANDUM OF UNDERSTANDING;

(f) PROVISIONS FOR AMENDING THE MEMORANDUM OF

UNDERSTANDING; AND

(g) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COUNTY

SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING COMMITTEE,
OR STATE AGENCY OR BY THE VOLUNTEER ORGANIZATION.

(3) IFNATIONAL OR STATEWIDE TRAINING AND CERTIFICATION

STANDARDS EXIST FOR A CERTAIN ORGANIZATION OR CERTAIN TYPE OF

PAGE 6-HOUSE BILL 08-1097

VOLUNTEER, THE EXISTING STANDARDS SHALL BE USED IN A MEMORANDUM
OF UNDERSTANDING CREATED PURSUANT TO THIS SECTION.

(4) THEMOST CURRENT VERSION OF THE STATE OF COLORADO

INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT MAY BE
USED AS THE MEMORANDUM OF UNDERSTANDING PURSUANT TO THIS
SECTION.

24-32-2223. Qualified volunteer organization list - creation -

nomination of organizations. (1) ANY VOLUNTEER WHO IS ASSOCIATED
WITH A QUALIFIED VOLUNTEER ORGANIZATION PURSUANT TO THIS SECTION
MAY BE ELIGIBLE TO RECEIVE THE PROTECTIONS AND BENEFITS SPECIFIED IN
THIS PART 22 AND IN ARTICLE 10 OF THIS TITLE. THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OR THE EXECUTIVE DIRECTOR'S DESIGNEE SHALL
CREATE AND MAINTAIN A LIST OF VOLUNTEER ORGANIZATIONS THAT SHALL
BE KNOWN AS THE "QUALIFIED VOLUNTEER ORGANIZATION LIST".

(2) ANY COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY

PLANNING COMMITTEE, OR STATE AGENCY MAY NOMINATE A VOLUNTEER
ORGANIZATION WITH WHICH IT ENTERS INTO A MEMORANDUM OF
UNDERSTANDING PURSUANT TO SECTION 24-32-2222 TO BE INCLUDED ON
THE QUALIFIED VOLUNTEER ORGANIZATION LIST CREATED AND MAINTAINED
PURSUANT TO SUBSECTION (1) OF THIS SECTION.

24-32-2224. Volunteers - provision of emergency services -

protections - benefits. (1) A VOLUNTEER SHALL BE ALLOWED TO RECEIVE
THE BENEFITS AND PROTECTIONS SPECIFIED IN THIS PART 22 AND PURSUANT
TO ARTICLE 10 OF THIS TITLE IF THE VOLUNTEER IS DETERMINED TO BE A
QUALIFIED VOLUNTEER PURSUANT TO THIS SECTION. A VOLUNTEER SHALL
BE DEEMED A QUALIFIED VOLUNTEER IF:

(a) THE VOLUNTEER IS A MEMBER OF A VOLUNTEER ORGANIZATION

THAT ENTERS INTO A MEMORANDUM OF UNDERSTANDING WITH A COUNTY
SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING COMMITTEE,
OR STATE AGENCY PURSUANT TO SECTION 24-32- 2222;

(b) THE VOLUNTEER ORGANIZATION OF WHICH THE VOLUNTEER IS A

MEMBER IS INCLUDED ON THE QUALIFIED VOLUNTEER ORGANIZATION LIST
CREATED AND MAINTAINED BY THE DEPARTMENT PURSUANT TO SECTION
24-32-2223;

PAGE 7-HOUSE BILL 08-1097

 (c) THE VOLUNTEER IS CALLED TO SERVICE THROUGH THE
VOLUNTEER ORGANIZATION UNDER THE AUTHORITY OF THE COUNTY
SHERIFF, LOCAL GOVERNMENT, LOCAL EMERGENCY PLANNING COMMITTEE,
OR STATE AGENCY TO VOLUNTEER IN A DISASTER; AND

(d) THE VOLUNTEER RECEIVES THE APPROPRIATE VERIFICATION

PURSUANT TO SUBSECTION (2) OF THIS SECTION.

(2) THEEXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE

EXECUTIVE DIRECTOR'S DESIGNEE SHALL CREATE A SYSTEM WHEREBY A
VOLUNTEER MAY OBTAIN PROOF TO PROVIDE TO HIS OR HER EMPLOYER THAT
SPECIFIES:

(a) THE VOLUNTEER WAS CALLED TO SERVICE BY A VOLUNTEER

ORGANIZATION FOR THE PURPOSE OF ASSISTING IN A DISASTER;

(b) THE VOLUNTEER REPORTED FOR SERVICE AND PERFORMED THE

ACTIVITIES REQUIRED OF HIM OR HER BY THE VOLUNTEER ORGANIZATION;
AND

(c) THE NUMBER OF DAYS OF SERVICE THAT THE VOLUNTEER

PROVIDED.

24-32-2225. Qualified volunteers - leave of absence - public

employees. (1) ANY QUALIFIED VOLUNTEER WHO IS AN OFFICER OR
EMPLOYEE OF THE STATE OR OF ANY POLITICAL SUBDIVISION, MUNICIPAL
CORPORATION, OR OTHER PUBLIC AGENCY OF THE STATE AND WHO IS CALLED
INTO SERVICE BY A VOLUNTEER ORGANIZATION IS ENTITLED TO A LEAVE OF
ABSENCE FROM THE QUALIFIED VOLUNTEER'S EMPLOYMENT FOR THE TIME
WHEN THE QUALIFIED VOLUNTEER IS SERVING, WITHOUT LOSS OF PAY,
SENIORITY, STATUS, EFFICIENCY RATING, VACATION, SICK LEAVE, OR OTHER
BENEFITS. THE LEAVE WITHOUT LOSS OF PAY THAT IS ALLOWED PURSUANT
TO THIS SECTION SHALL NOT EXCEED A TOTAL OF FIFTEEN WORK DAYS IN
ANY CALENDAR YEAR; EXCEPT THAT SUCH LEAVE WITHOUT LOSS OF PAY
SHALL BE ALLOWED ONLY IF THE REQUIRED VOLUNTEER SERVICE IS
SATISFACTORILY PERFORMED, WHICH SHALL BE PRESUMED UNLESS THE
CONTRARY IS ESTABLISHED.

(2) THE LEAVE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS

SECTION SHALL BE ALLOWED ONLY IF THE QUALIFIED VOLUNTEER RETURNS

PAGE 8-HOUSE BILL 08-1097

TO HIS OR HER PUBLIC POSITION AS SOON AS PRACTICABLE AFTER BEING
RELIEVED FROM EMERGENCY VOLUNTEER SERVICE.

(3) A STATE AGENCY OR ANY POLITICAL SUBDIVISION, MUNICIPAL

CORPORATION, OR OTHER PUBLIC AGENCY OF THE STATE MAY HIRE A
TEMPORARY EMPLOYEE TO FILL A VACANCY CREATED BY A LEAVE OF
ABSENCE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(4) UPONRETURNING FROM A LEAVE OF ABSENCE ALLOWED

PURSUANT TO THIS SECTION, A QUALIFIED VOLUNTEER IS ENTITLED TO
RETURN TO THE SAME POSITION AND CLASSIFICATION HELD BY THE
QUALIFIED VOLUNTEER BEFORE THE LEAVE OF ABSENCE FOR THE
EMERGENCY VOLUNTEER SERVICE OR TO THE POSITION, INCLUDING THE
GEOGRAPHIC LOCATION OF THE POSITION, AND CLASSIFICATION THAT THE
QUALIFIED VOLUNTEER WOULD HAVE BEEN ENTITLED TO IF THE QUALIFIED
VOLUNTEER DID NOT TAKE A LEAVE OF ABSENCE FOR THE EMERGENCY
VOLUNTEER SERVICE.

(5) A QUALIFIED VOLUNTEER WHO IS AN OFFICER OR EMPLOYEE OF

THE STATE OR OF ANY POLITICAL SUBDIVISION, MUNICIPAL CORPORATION, OR
OTHER PUBLIC AGENCY OF THE STATE, RECEIVING A LEAVE OF ABSENCE
PURSUANT TO THIS SECTION, AND HAVING RIGHTS IN ANY STATE, MUNICIPAL,
OR OTHER PUBLIC PENSION, RETIREMENT, OR RELIEF SYSTEM SHALL RETAIN
ALL OF THE RIGHTS ACCRUED UP TO THE TIME OF TAKING THE LEAVE AND
SHALL HAVE ALL RIGHTS SUBSEQUENTLY ACCRUING UNDER SUCH SYSTEM AS
IF THE QUALIFIED VOLUNTEER DID NOT TAKE THE LEAVE. ANY INCREASE IN
THE AMOUNT OF MONEY BENEFITS ACCRUING WITH RESPECT TO THE TIME OF
THE LEAVE IS DEPENDENT UPON THE PAYMENT OF ANY CONTRIBUTIONS OR
ASSESSMENTS, AND THE RIGHT TO THE INCREASE IS DEPENDENT UPON THE
PAYMENT OF CONTRIBUTIONS OR ASSESSMENTS WITHIN A REASONABLE TIME
AFTER THE TERMINATION OF THE LEAVE AND UPON SUCH TERMS AS THE
AUTHORITIES IN CHARGE OF THE SYSTEM MAY PRESCRIBE.

(6) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN

EMPLOYER SHALL NOT BE REQUIRED TO PROVIDE LEAVE PURSUANT TO THIS
SECTION TO MORE THAN TWENTY PERCENT OF THE EMPLOYER'S EMPLOYEES
ON ANY WORK DAY.

(7) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN

EMPLOYER SHALL NOT BE REQUIRED TO ALLOW LEAVE PURSUANT TO THIS

PAGE 9-HOUSE BILL 08-1097

SECTION FOR ANY EMPLOYEE DESIGNATED AS AN ESSENTIAL EMPLOYEE. FOR
THE PURPOSES OF THIS SUBSECTION (7), "ESSENTIAL EMPLOYEE" MEANS AN
EMPLOYEE WHO THE EMPLOYER DEEMS TO BE ESSENTIAL TO THE OPERATION
OF THE EMPLOYER'S DAILY ENTERPRISE AND WHOSE ABSENCE WOULD LIKELY
CAUSE THE EMPLOYER TO SUFFER ECONOMIC INJURY.

24-32-2226. Qualified volunteers - leave of absence - private

employees. (1) ANY QUALIFIED VOLUNTEER WHO IS EMPLOYED BY A
PRIVATE EMPLOYER OR BY THE STATE OR ANY POLITICAL SUBDIVISION,
MUNICIPAL CORPORATION, OR OTHER PUBLIC AGENCY OF THE STATE AND
WHO IS CALLED INTO SERVICE BY A VOLUNTEER ORGANIZATION FOR A
DISASTER IS ENTITLED TO A LEAVE OF ABSENCE FROM THE QUALIFIED
VOLUNTEER'S EMPLOYMENT, OTHER THAN EMPLOYMENT OF A TEMPORARY
NATURE, FOR THE TIME WHEN THE QUALIFIED VOLUNTEER IS SERVING. THE
LEAVE ALLOWED FOR A QUALIFIED VOLUNTEER PURSUANT TO THIS SECTION
SHALL NOT EXCEED A TOTAL OF FIFTEEN WORK DAYS IN ANY CALENDAR
YEAR, AND THE LEAVE SHALL BE ALLOWED ONLY IF THE VOLUNTEER IS
CALLED INTO SERVICE FOR A DISASTER AND PROVIDES PROOF THAT HE OR
SHE IS A QUALIFIED VOLUNTEER PURSUANT TO SECTION 24-32-2224 (2).

(2) THE LEAVE OF ABSENCE ALLOWED PURSUANT TO THIS SECTION

SHALL BE CONSTRUED AS AN ABSENCE WITH LEAVE AND WITHOUT PAY AND
SHALL NOT AFFECT THE QUALIFIED VOLUNTEER'S RIGHTS TO VACATION, SICK
LEAVE, BONUS, ADVANCEMENT, OR OTHER EMPLOYMENT BENEFITS OR
ADVANTAGES RELATING TO AND NORMALLY TO BE EXPECTED FOR THE
QUALIFIED VOLUNTEER'S PARTICULAR EMPLOYMENT.

(3) THE LEAVE OF ABSENCE PURSUANT TO SUBSECTION (1) OF THIS

SECTION SHALL BE ALLOWED ONLY IF THE QUALIFIED VOLUNTEER RETURNS
TO HIS OR HER EMPLOYMENT AS SOON AS PRACTICABLE AFTER BEING
RELIEVED FROM EMERGENCY VOLUNTEER SERVICE.

(4) THE EMPLOYER OF A QUALIFIED VOLUNTEER WHO TAKES A LEAVE

OF ABSENCE FROM EMPLOYMENT TO ENGAGE IN EMERGENCY VOLUNTEER
SERVICE SHALL, UPON THE QUALIFIED VOLUNTEER'S COMPLETION OF THE
EMERGENCY VOLUNTEER SERVICE, RESTORE THE QUALIFIED VOLUNTEER TO
THE POSITION THE VOLUNTEER HELD PRIOR TO THE LEAVE OF ABSENCE OR TO
A SIMILAR POSITION.

(5) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN

PAGE 10-HOUSE BILL 08-1097

EMPLOYER SHALL NOT BE REQUIRED TO PROVIDE LEAVE PURSUANT TO THIS
SECTION TO MORE THAN TWENTY PERCENT OF THE EMPLOYER'S EMPLOYEES
ON ANY WORK DAY.

(6) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN

EMPLOYER SHALL NOT BE REQUIRED TO ALLOW LEAVE PURSUANT TO THIS
SECTION FOR ANY EMPLOYEE DESIGNATED AS AN ESSENTIAL EMPLOYEE. FOR
THE PURPOSES OF THIS SUBSECTION (6), "ESSENTIAL EMPLOYEE" MEANS AN
EMPLOYEE WHO THE EMPLOYER DEEMS TO BE ESSENTIAL TO THE OPERATION
OF THE EMPLOYER'S DAILY ENTERPRISE, WHOSE ABSENCE WOULD LIKELY
CAUSE THE EMPLOYER TO SUFFER ECONOMIC INJURY, OR WHOSE DUTIES
INCLUDE ASSISTING IN DISASTER RECOVERY FOR THE EMPLOYER.

24-32-2227. Procedures. (1) THE DEPARTMENT SHALL CREATE

PROCEDURES FOR THE ADMINISTRATION OF THIS PART 22. THE PROCEDURES
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:

(a) A PROCESS FOR A COUNTY SHERIFF, LOCAL GOVERNMENT, LOCAL

EMERGENCY PLANNING COMMITTEE, OR STATE AGENCY TO NOMINATE A
VOLUNTEER ORGANIZATION TO BE INCLUDED ON THE QUALIFIED VOLUNTEER
ORGANIZATION LIST PURSUANT TO SECTION 24-32-2223 (2); AND

(b) A PROCESS TO VERIFY THAT A QUALIFIED VOLUNTEER PROVIDED

VOLUNTEER SERVICES DURING A DISASTER AND A METHOD TO ALLOW THE
VOLUNTEER TO PROVIDE PROOF OF SUCH SERVICE TO HIS OR HER EMPLOYER
PURSUANT TO SECTION 24-32-2224 (2).

24-32-2228. Interpretation. (1) NOTHING IN THIS PART 22 SHALL

BE CONSTRUED TO AMEND, SUSPEND, SUPERCEDE, OR OTHERWISE MODIFY
THE PROTECTIONS PROVIDED TO VOLUNTEER FIREFIGHTERS PURSUANT TO
SECTION 31-30-1131, C.R.S.

(2) NOTHING IN THIS PART 22 SHALL BE CONSTRUED TO AFFECT ANY

PREEXISTING INTERGOVERNMENTAL AGREEMENT REGARDING EMERGENCY
MANAGEMENT OR ANY OTHER ISSUE.

SECTION 5. 24-32-2303, Colorado Revised Statutes, is amended

to read:

24-32-2303. State liability. All legal liabilities for damages, not

PAGE 11-HOUSE BILL 08-1097

only to property under the provisions of the constitution of the state of
Colorado but also for death or injury to any person, except a civil defense
worker regularly enrolled and acting as such, caused by acts done or
attempted under the color of the "Colorado Disaster Emergency Act of
1992", part 21 of this article, in a bona fide attempt to comply therewith,
shall be the obligation of the state of Colorado. Permission is given for suits
against the state as if an ordinary corporation, for recovery of compensation
in that behalf, and for the indemnification of any person appointed and
regularly enrolled as a civilian defense worker while actually engaged in
civil defense duties or as a member of any agency of the state or political
subdivision thereof engaged in civilian defense activity, or such person's
dependents, as an aspect of damage done to such person's private property,
or judgment against such person for acts done in good faith attempts in
compliance with this part 23. The foregoing shall not be construed to result
in indemnification in any case of willful misconduct, gross negligence, or
bad faith on the part of any agent of civilian defense. Should the United
States government or any agency thereof, in accordance with any federal
statute, rule, or regulation, provide for the payment of damages to property
or for death or injury as provided for in this section, then and in that event,
there shall be no liability or obligation whatsoever upon the part of the state
of Colorado for any such damage, death, or injury for which the United
States government assumes liability.

SECTION 6. Effective date. This act shall take effect at 12:01

a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state
constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
except that, if a referendum petition is filed against this act or an item,
section, or part of this act within such period, then the act, item, section, or

PAGE 12-HOUSE BILL 08-1097

part, if approved by the people, shall take effect on the date of the official
declaration of the vote thereon by proclamation of the governor.

____________________________ ____________________________
Andrew Romanoff Peter C. Groff
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE

____________________________ ____________________________
Marilyn Eddins Karen Goldman
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO

PAGE 13-HOUSE BILL 08-1097