First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0747.02 Christopher McMichael x4775
HOUSE BILL 23-1238
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING PROTECTION FOR PERSONS ASSISTING IN VOLUNTEER101
HELICOPTER SEARCH AND RESCUE OPERATIONS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill extends immunity from civil liability for damage or injury,
other than that which arises from gross negligence or willful misconduct,
to an individual, nonprofit organization, for-profit corporation, private
organization, or other person (person), acting as a volunteer, that assists
a governmental entity through the use of a helicopter as part of a rescue
unit or backcountry search and rescue operations (search and rescue
HOUSE SPONSORSHIP
Taggart and Lukens,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. operations) if the person:
! Arranges or operates the helicopter on behalf of the
governmental entity that is leading a search and rescue
operation;
! Has an agreement with the governmental entity;
! Is, employs, or otherwise contracts with a pilot that is
properly licensed to operate the helicopter;
! Meets certain safety and training certifications and
requirements; and
! Is in compliance with all requirements of the federal
aviation administration.
The bill also establishes criteria that volunteer helicopter pilots and
the helicopters used in search and rescue operations must satisfy in order
for the volunteer helicopter owner or operator to qualify for immunity
under the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Colorado residents and visitors enjoy outdoor recreation, and4
the number of people participating in outdoor and backcountry recreation5
activities has increased significantly in recent years;6
(b) Search and rescue calls are at an all-time high as outdoor7
recreation continues to gain popularity, particularly in Colorado's8
backcountry areas;9
(c) Helicopters are an invaluable asset to rescue units and10
backcountry search and rescue teams that are searching for lost or injured11
individuals in Colorado's backcountry and rugged outdoor terrain;12
(d) Helicopters allow rescue units and search and rescue teams to13
access inaccessible areas and search large areas quickly, thereby14
increasing the likelihood of a successful search and rescue operation and15
decreasing the number of volunteers needed;16
(e) Unlike other states in the Mountain West, Colorado has no17
HB23-1238-2- dedicated helicopter resources for backcountry search and rescue1
missions;2
(f) As such, Colorado has had to rely on privately owned3
helicopters to conduct many rescue unit or search and rescue missions in4
the state; however, there have been major market disruptions to helicopter5
insurance policies in recent years, which has decreased the willingness of6
private entities to volunteer use of their helicopters for such missions; and7
(g) Without use of privately owned helicopters in rescue or8
backcountry search and rescue operations, many Coloradans and visitors9
will be at risk in the event that they are lost or injured in Colorado's10
backcountry and outdoor recreation areas.11
(2) Therefore, the general assembly declares that it is in the best12
interest of Colorado residents and visitors to the state to provide13
protection to private individuals and entities that volunteer the use of their14
helicopters during search and rescue operations by giving them immunity15
from civil liability while they are assisting and participating in rescue or16
backcountry search and rescue operations.17
SECTION 2. In Colorado Revised Statutes, 13-21-115.5, add18
(4.5) as follows:19
13-21-115.5. Volunteer service act - immunity - exception for20
operation of motor vehicles - exception for helicopter search and21
rescue - short title - legislative declaration - definitions. (4.5) (a) A
S22
USED IN THIS SUBSECTION (4.5), UNLESS THE CONTEXT OTHERWISE23
REQUIRES:24
(I) "B
ACKCOUNTRY SEARCH AND RESCUE " HAS THE MEANING SET25
FORTH IN SECTION 33-1-102 (1.3).26
(II) (A) "G
OVERNMENTAL ENTITY " MEANS ANY AUTHORITY ,27
HB23-1238
-3- COUNTY, CITY, CITY AND COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL1
SUBDIVISION OF THE STATE OR ANY TRIBAL GOVERNMENT WITH2
JURISDICTION IN COLORADO.3
(B) "G
OVERNMENTAL ENTITY " INCLUDES ANY INSTITUTION ,4
DEPARTMENT, AGENCY, OR AUTHORITY OF ANY ENTITY LISTED IN5
SUBSECTION (4.5)(a)(II)(A) OF THIS SECTION.6
(III) "R
ESCUE UNIT" HAS THE MEANING SET FORTH IN SECTION7
25-3.5-103
(11).8
(IV) "S
EARCH AND RESCUE OPERATION " MEANS THE OPERATION9
OF A RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE .10
(V) "V
OLUNTEER" MEANS AN INDIVIDUAL , NONPROFIT11
ORGANIZATION, FOR-PROFIT CORPORATION, PRIVATE ORGANIZATION, OR12
OTHER PERSON THAT PARTICIPATES AS A VOLUNTEER IN A SEARCH AND13
RESCUE OPERATION BY ARRANGING OR OPERATING A HELICOPTER FOR USE14
IN THE SEARCH AND RESCUE OPERATION .15
(b) A
VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION16
ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUNTEER RESULTING IN17
DAMAGE OR INJURY IF:18
(I) T
HE VOLUNTEER ARRANGES OR OPERATES A HELICOPTER :19
(A) F
OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY20
SEARCH AND RESCUE;21
(B) O
N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING22
THE RESCUE UNIT OR CONDUCTING THE BACKC OUNTRY SEARCH AND23
RESCUE;24
(C) T
HAT MEETS THE SAFETY AND TRAINING REQUIREMENTS25
DESCRIBED IN SUBSECTION (4.5)(c)(II) OF THIS SECTION; AND26
(D) U
NDER A MEMORANDUM OF UNDERSTANDING OR OTHER27
HB23-1238
-4- AGREEMENT WITH THE GOVERNMENTAL ENTITY ;1
(II) T
HE VOLUNTEER IS:2
(A) A
PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH3
ONE OR MORE PILOTS WHO SATISFY , THE REQUIREMENTS SPECIFIED IN4
SUBSECTION (4.5)(c)(I) OF THIS SECTION; AND5
(B) I
N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL6
AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE ; AND7
(III) T
HE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR8
CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT9
INDIFFERENCE TO THE RIGHTS OR SAFETY OF THE INDIVIDUALS HARMED BY10
THE VOLUNTEER.11
(c) (I) A
VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF12
SEARCH AND RESCUE OPERATIONS IN ACCOR DANCE WITH THIS SUBSECTION13
(4.5)
MUST:14
(A) H
AVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH15
ALTITUDE OPERATIONS , CONFINED AREA LANDINGS , AND SNOW16
OPERATIONS;17
(B) P
OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT18
RATING;19
(C) H
AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF20
TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF21
MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF22
FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND23
RESCUE OPERATIONS; AND24
(D) B
E CERTIFIED, WITHIN THE LAST TWELVE MONTHS , BY THE25
HELICOPTER MANUFACTURER 'S INSTRUCTOR, A COMPANY CHECK PILOT, OR26
A FEDERAL AVIATION ASSOCIATION -CERTIFIED AND -RATED FLIGHT27
HB23-1238
-5- INSTRUCTOR TO OPERATE THE HELICOPTER USED IN SEARCH AND RESCUE1
OPERATIONS.2
(II) T
HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH3
AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE4
FOLLOWING SAFETY AND TRAINING REQUIREMENTS :5
(A) T
HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,6
IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE7
RESCUE OR SEARCH AND RESCUE OPERATIONS ;8
(B) T
HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING9
PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE10
TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE11
HELICOPTER IN A SEARCH AND RESCUE OPERATION ; AND12
(C) T
HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT13
SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY .14
SECTION 3. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
HB23-1238
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