Section 24-33.5-705.5 - Auxiliary emergency communications unit - powers and duties of unit and office of emergency management regarding auxiliary communications - definitions(1) As used in this section: (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 paragraph (a) serves as an authorized volunteer of the office for purposes of article 10 of this title.(b) "Division" means the division of homeland security and emergency management created in section 24-33.5-1603.(c) "Office" means the office of emergency management created in section 24-33.5-705 (1).(d) "Unit" means the auxiliary emergency communications unit of the office.(2) The auxiliary emergency communications unit is hereby established within the office. The unit is in the charge of the director of the office.(3) The unit has the following powers and duties:(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) Ensure that auxiliary emergency communicators are authorized volunteers entitled to the protections and benefits of part 8 of this article 33.5 when assisting with the installation, maintenance, or demolition of communication facilities of any county sheriff, local government, local emergency planning committee, local emergency management agency, or state agency, whether or not such 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.(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 auxiliary emergency communicators 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 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 unit may deny credentialing to any candidate based upon the results of a background check.(c) Reimburse auxiliary emergency communicators for necessary travel and other reasonable expenses incurred in the performance of their duties, including projects, training, drills, exercises, and disaster response activities;(d) Expend state moneys, including but not limited to grant moneys or moneys 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.Amended by 2022 Ch. 114, § 34, eff. 4/21/2022.Amended by 2019 Ch. 125, § 32, eff. 4/18/2019.Amended by 2018 Ch. 234, § 10, eff. 8/8/2018.Added by 2016 Ch. 233, § 2, eff. 8/10/2016.L. 2016: Entire section added, (HB 16-1040), ch. 940, p. 940, § 2, effective August 10. L. 2018: (1)(c), (3)(c), and (4)(a) amended, (HB 18-1394), ch. 1464, p. 1464, § 7, effective August 8. L. 2019: (4)(b) amended, (HB 19-1166), ch. 550, p. 550, § 32, effective April 18. For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.