Colorado § 29-22-105 - Additional reimbursement for costs of assistance - subrogation of rights - recovery of reimbursements by attorney general.

§ 29-22-105. Additional reimbursement for costs of assistance - subrogation of rights - recovery of reimbursements by attorney general.

Whenever any fire department or other public agency provides assistance to a designated emergency response authority, as provided in section 29-22-103 or 29-22-104, outside of the area of its jurisdiction, whenever assistance to a designated emergency response authority is provided pursuant to a mutual aid agreement, or whenever the department of public health and environment or the county, district, or municipal public health agency provides services such as laboratory analyses, waste removal, transportation, storage, or disposal, the reasonable documented costs of the equipment, supplies, analyses, and personnel provided by such fire department or public agency may be reimbursed, subject to guidelines by the executive director of the department of public safety. Reimbursement shall be for costs not recovered pursuant to section 29-22-104 and shall be out of any moneys made available by legislative appropriation therefor. In the event of such reimbursement, the state of Colorado shall be subrogated to any rights of such fire department or public agency with respect to the amounts so reimbursed. The attorney general shall pursue all available remedies to recover any moneys paid out pursuant to this section from the person responsible for said incident. Any moneys recovered by the attorney general shall be transmitted to the state treasurer. Nothing in this article shall be construed to enlarge or impair any right of recovery or subrogation arising under any other provision of law. The attorney general shall not attempt to recover any moneys from any person responding to a hazardous substance incident pursuant to a mutual aid agreement or to any provision of this article.

Source: L. 83: Entire article R&RE, p. 1219, § 1, effective July 1. L. 91: Entire section amended, p. 721, § 3, effective April 11. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2117, § 160, effective August 11.

Editor's note: This section is similar to former § 29-22-105 as it existed prior to 1983.