Colorado 2023 2023 Regular Session

Colorado House Bill HB1238 Introduced / Fiscal Note

Filed 03/13/2023

                    Page 1 
March 13, 2023  HB 23-1238  
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 23-0747  
Rep. Taggart; Lukens 
  
Date: 
Bill Status: 
Fiscal Analyst: 
March 13, 2023 
House State Affairs  
Josh Abram | 303-866-3561 
josh.abram@coleg.gov  
Bill Topic: PROTECTION FOR HELICOPTER SEARCH AND RESCUE  
Summary of  
Fiscal Impact: 
☒ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☐ TABOR Refund 
☐ Local Government 
☐ Statutory Public Entity 
 
The bill extends civil immunity to individuals or organizations that assists local 
governments with volunteer helicopter flights in search and rescue operations.  The 
bill may decrease state revenue and expenditures in the Judicial Department by a 
minimal amount beginning FY 2023-24. 
Appropriation 
Summary: 
No appropriation is required. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
Summary of Legislation 
The bill extends immunity from civil liability for damage or injury to an individual, nonprofit 
organization, for-profit corporation, private organization, or other person that voluntarily assists a 
local government with use of a helicopter for search and rescue operations.  Immunity is extended if 
the organization or individual: 
 
 has an agreement to operate the helicopter on behalf of the governmental entity leading the search 
and rescue operation; 
 employs or contracts with a licensed pilot; 
 meets certain safety and training requirements; and  
 is in compliance with all requirements of the Federal Aviation Administration (FAA). 
 
The bill also establishes criteria that pilots and helicopters used in search and rescue operations must 
satisfy in order to qualify for immunity. 
    Page 2 
March 13, 2023  HB 23-1238  
 
State Revenue and Expenditures 
The bill may reduce trial court activity and filing fee revenue in the Judicial Department.  The bill 
extends immunity from civil liability for damage or injury, except in cases of gross negligence or 
willful misconduct, to individuals or organizations providing volunteer helicopter flights to local 
governments engaged in search and rescue operations.  Because the bill extends immunity from civil 
liability, it potentially decreases civil cases; however, given the limited scope of the legislation, the 
decrease is anticipated to be minimal and no change in appropriations is required. 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his signature. 
State and Local Government Contacts 
Counties Judicial  Local Affairs  
Natural Resources 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year.  For additional information about fiscal notes, please visit:  leg.colorado.gov/fiscalnotes.