C.R.S. § 24-33.5-2502.5: Auxiliary communications unit - powers and duties of unit and office of public safety communications regarding auxiliary communications - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Auxiliary emergency communicator" means an amateur radio operator licensed by the United States federal communications commission pursuant to 47 CFR 97 who meets the training requirements and is credentialed by the office. An auxiliary emergency communicator meeting the requirements of this subsection (1)(a) serves as a qualified volunteer of the division for purposes of article 10 of this title 24.

(b) "Unit" means the auxiliary communications unit of the office.

(c) "Unit member" means an auxiliary emergency communicator or other unit leadership or support staff.

(2) The auxiliary communications unit is created within the office. The unit is in the charge of the director of the office.

(3) The unit has the following powers, duties, and protections:

(a) Establish programs for the training and credentialing of auxiliary emergency communicators across the state, which training and credentialing is declared to be a matter of statewide concern. In connection with such training and credentialing, the use of the term "auxiliary emergency communications" within the state is limited to individuals, entities, associations, and units of local government that have been certified by the director of the office as meeting the training and credentialing requirements established by the department for auxiliary emergency communicators.

(b) Assume all of the duties and possess all of the authority and responsibilities of the radio amateur civil emergency service, referred to in this section as "RACES", 47 CFR 97.407, within the state. Any reference to RACES in any federal law or regulation, and any federal, state, or local government emergency or disaster plans is to be interpreted as referring to the unit, and the unit is the successor entity to any state RACES organization referenced in any such law, regulation, or plan. No other individual, entity, association, or government agency may represent that it is a state RACES organization.

(c) Authorize unit members as qualified volunteers. Qualified volunteers are entitled to the protections and benefits of part 8 of this article 33.5 when participating in division activities, whether or not the activities occur during a disaster; except that sections 24-33.5-825 and 24-33.5-826 do not apply to a training exercise, drill, or class without the express prior consent and approval of the volunteer's employer. The unit may use or operate state vehicles while participating in division activities.

(4) In connection with the powers and duties of the unit as specified in this section, the director of the office may:

(a) Develop and issue a credential that is recognized throughout the state for the purpose of granting access to government facilities, emergency operations centers, incident command posts, and disaster scenes;

(b) Conduct criminal background investigations on candidates for credentialing as unit members in accordance with the security needs of the department. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the division director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The division director may deny credentialing to any candidate based upon the results of a background check.

(c) Reimburse unit members for necessary travel and other reasonable expenses incurred in the performance of their duties;

(d) Expend state money, including, but not limited to, grant money or money otherwise budgeted to the office, to enhance the communication infrastructure as necessary to supplement or reinforce the existing amateur radio systems and networks within the state for the purposes of maximizing disaster preparedness and response.