(1) There is transferred to and vested in the board of governors of the Colorado state university system, referred to in this part 2 as the "board", all rights, powers, and duties for protecting, promoting, and extending the conservation of the forests in the state vested on or before February 14, 1955, in the state board of land commissioners, acting ex officio as the state board of forestry; but such authority shall not extend to nor include the power vested in the state board of land commissioners with respect to forest lands included in the public lands of the state under the control and jurisdiction of said state board of land commissioners, as provided by sections 9 and 10 of article IX of the state constitution and the laws relating thereto.
(2) (a) Effective July 1, 2012, the forestry functions of the board relating principally to fire and wildfire preparedness, response, suppression, coordination, or management are transferred by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S., to the wildland fire management section in the division of fire prevention and control in the department of public safety created in section 24-33.5-1201, C.R.S.
Nothing in paragraph (a) of this subsection (2) divests the board or the state forestservice of any other personnel, functions, powers, or duties relating to forest resources, including risk education and prevention, forest health, management, stewardship, technical assistance, urban and community forestry, insect and disease monitoring and mitigation, research, education, outreach, planning, and fire ecology.
Any and all claims, liabilities, and damages, including costs and attorneys' fees, relating in any way to the performance of duties described in paragraph (a) of this subsection (2) that were performed by the board or its employees on or before June 30, 2012, are hereby transferred to and assumed by the state exclusively through the division of fire prevention and control in the department of public safety, and no other public entity or agency, including the board and its employees, shall be responsible or liable for any such claims, liabilities, or damages that arose before June 30, 2012.
Source: L. 2007: Entire article amended with relocations, p. 531, § 2, effective August 3. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1066, § 2, effective July 1.
Editor's note: This section is similar to former § 23-30-201 as it existed prior to 2007.
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012.