Colorado 2023 Regular Session

Colorado House Bill HB1238 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0747.02 Christopher McMichael x4775
8	8	HOUSE BILL 23-1238
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING PROTECTION FOR PERSONS ASSISTING IN VOLUNTEER101
14	14	HELICOPTER SEARCH AND RESCUE OPERATIONS .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill extends immunity from civil liability for damage or injury,
23	23	other than that which arises from gross negligence or willful misconduct,
24	24	to an individual, nonprofit organization, for-profit corporation, private
25	25	organization, or other person (person), acting as a volunteer, that assists
26	26	a governmental entity through the use of a helicopter as part of a rescue
27	27	unit or backcountry search and rescue operations (search and rescue
28	28	HOUSE SPONSORSHIP
29	29	Taggart and Lukens,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. operations) if the person:
35	35	! Arranges or operates the helicopter on behalf of the
36	36	governmental entity that is leading a search and rescue
37	37	operation;
38	38	! Has an agreement with the governmental entity;
39	39	! Is, employs, or otherwise contracts with a pilot that is
40	40	properly licensed to operate the helicopter;
41	41	! Meets certain safety and training certifications and
42	42	requirements; and
43	43	! Is in compliance with all requirements of the federal
44	44	aviation administration.
45	45	The bill also establishes criteria that volunteer helicopter pilots and
46	46	the helicopters used in search and rescue operations must satisfy in order
47	47	for the volunteer helicopter owner or operator to qualify for immunity
48	48	under the bill.
49	49	Be it enacted by the General Assembly of the State of Colorado:1
50	50	SECTION 1. Legislative declaration. (1) The general assembly2
51	51	finds that:3
52	52	(a) Colorado residents and visitors enjoy outdoor recreation, and4
53	53	the number of people participating in outdoor and backcountry recreation5
54	54	activities has increased significantly in recent years;6
55	55	(b) Search and rescue calls are at an all-time high as outdoor7
56	56	recreation continues to gain popularity, particularly in Colorado's8
57	57	backcountry areas;9
58	58	(c) Helicopters are an invaluable asset to rescue units and10
59	59	backcountry search and rescue teams that are searching for lost or injured11
60	60	individuals in Colorado's backcountry and rugged outdoor terrain;12
61	61	(d) Helicopters allow rescue units and search and rescue teams to13
62	62	access inaccessible areas and search large areas quickly, thereby14
63	63	increasing the likelihood of a successful search and rescue operation and15
64	64	decreasing the number of volunteers needed;16
65	65	(e) Unlike other states in the Mountain West, Colorado has no17
66	66	HB23-1238-2- dedicated helicopter resources for backcountry search and rescue1
67	67	missions;2
68	68	(f) As such, Colorado has had to rely on privately owned3
69	69	helicopters to conduct many rescue unit or search and rescue missions in4
70	70	the state; however, there have been major market disruptions to helicopter5
71	71	insurance policies in recent years, which has decreased the willingness of6
72	72	private entities to volunteer use of their helicopters for such missions; and7
73	73	(g) Without use of privately owned helicopters in rescue or8
74	74	backcountry search and rescue operations, many Coloradans and visitors9
75	75	will be at risk in the event that they are lost or injured in Colorado's10
76	76	backcountry and outdoor recreation areas.11
77	77	(2) Therefore, the general assembly declares that it is in the best12
78	78	interest of Colorado residents and visitors to the state to provide13
79	79	protection to private individuals and entities that volunteer the use of their14
80	80	helicopters during search and rescue operations by giving them immunity15
81	81	from civil liability while they are assisting and participating in rescue or16
82	82	backcountry search and rescue operations.17
83	83	SECTION 2. In Colorado Revised Statutes, 13-21-115.5, add18
84	84	(4.5) as follows:19
85	85	13-21-115.5. Volunteer service act - immunity - exception for20
86	86	operation of motor vehicles - exception for helicopter search and21
87	87	rescue - short title - legislative declaration - definitions. (4.5) (a) A
88	88	S22
89	89	USED IN THIS SUBSECTION (4.5), UNLESS THE CONTEXT OTHERWISE23
90	90	REQUIRES:24
91	91	(I) "B
92	92	ACKCOUNTRY SEARCH AND RESCUE " HAS THE MEANING SET25
93	93	FORTH IN SECTION 33-1-102 (1.3).26
94	94	(II) (A) "G
95	95	OVERNMENTAL ENTITY " MEANS ANY AUTHORITY ,27
96	96	HB23-1238
97	97	-3- COUNTY, CITY, CITY AND COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL1
98	98	SUBDIVISION OF THE STATE OR ANY TRIBAL GOVERNMENT WITH2
99	99	JURISDICTION IN COLORADO.3
100	100	(B) "G
101	101	OVERNMENTAL ENTITY " INCLUDES ANY INSTITUTION ,4
102	102	DEPARTMENT, AGENCY, OR AUTHORITY OF ANY ENTITY LISTED IN5
103	103	SUBSECTION (4.5)(a)(II)(A) OF THIS SECTION.6
104	104	(III) "R
105	105	ESCUE UNIT" HAS THE MEANING SET FORTH IN SECTION7
106	106	25-3.5-103
107	107	(11).8
108	108	(IV) "S
109	109	EARCH AND RESCUE OPERATION " MEANS THE OPERATION9
110	110	OF A RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE .10
111	111	(V) "V
112	112	OLUNTEER" MEANS AN INDIVIDUAL , NONPROFIT11
113	113	ORGANIZATION, FOR-PROFIT CORPORATION, PRIVATE ORGANIZATION, OR12
114	114	OTHER PERSON THAT PARTICIPATES AS A VOLUNTEER IN A SEARCH AND13
115	115	RESCUE OPERATION BY ARRANGING OR OPERATING A HELICOPTER FOR USE14
116	116	IN THE SEARCH AND RESCUE OPERATION .15
117	117	(b) A
118	118	VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION16
119	119	ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUNTEER RESULTING IN17
120	120	DAMAGE OR INJURY IF:18
121	121	(I) T
122	122	HE VOLUNTEER ARRANGES OR OPERATES A HELICOPTER :19
123	123	(A) F
124	124	OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY20
125	125	SEARCH AND RESCUE;21
126	126	(B) O
127	127	N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING22
128	128	THE RESCUE UNIT OR CONDUCTING THE BACKC OUNTRY SEARCH AND23
129	129	RESCUE;24
130	130	(C) T
131	131	HAT MEETS THE SAFETY AND TRAINING REQUIREMENTS25
132	132	DESCRIBED IN SUBSECTION (4.5)(c)(II) OF THIS SECTION; AND26
133	133	(D) U
134	134	NDER A MEMORANDUM OF UNDERSTANDING OR OTHER27
135	135	HB23-1238
136	136	-4- AGREEMENT WITH THE GOVERNMENTAL ENTITY ;1
137	137	(II) T
138	138	HE VOLUNTEER IS:2
139	139	(A) A
140	140	PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH3
141	141	ONE OR MORE PILOTS WHO SATISFY , THE REQUIREMENTS SPECIFIED IN4
142	142	SUBSECTION (4.5)(c)(I) OF THIS SECTION; AND5
143	143	(B) I
144	144	N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL6
145	145	AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE ; AND7
146	146	(III) T
147	147	HE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR8
148	148	CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT9
149	149	INDIFFERENCE TO THE RIGHTS OR SAFETY OF THE INDIVIDUALS HARMED BY10
150	150	THE VOLUNTEER.11
151	151	(c) (I) A
152	152	VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF12
153	153	SEARCH AND RESCUE OPERATIONS IN ACCOR DANCE WITH THIS SUBSECTION13
154	154	(4.5)
155	155	MUST:14
156	156	(A) H
157	157	AVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH15
158	158	ALTITUDE OPERATIONS , CONFINED AREA LANDINGS , AND SNOW16
159	159	OPERATIONS;17
160	160	(B) P
161	161	OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT18
162	162	RATING;19
163	163	(C) H
164	164	AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF20
165	165	TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF21
166	166	MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF22
167	167	FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND23
168	168	RESCUE OPERATIONS; AND24
169	169	(D) B
170	170	E CERTIFIED, WITHIN THE LAST TWELVE MONTHS , BY THE25
171	171	HELICOPTER MANUFACTURER 'S INSTRUCTOR, A COMPANY CHECK PILOT, OR26
172	172	A FEDERAL AVIATION ASSOCIATION -CERTIFIED AND -RATED FLIGHT27
173	173	HB23-1238
174	174	-5- INSTRUCTOR TO OPERATE THE HELICOPTER USED IN SEARCH AND RESCUE1
175	175	OPERATIONS.2
176	176	(II) T
177	177	HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH3
178	178	AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE4
179	179	FOLLOWING SAFETY AND TRAINING REQUIREMENTS :5
180	180	(A) T
181	181	HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,6
182	182	IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE7
183	183	RESCUE OR SEARCH AND RESCUE OPERATIONS ;8
184	184	(B) T
185	185	HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING9
186	186	PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE10
187	187	TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE11
188	188	HELICOPTER IN A SEARCH AND RESCUE OPERATION ; AND12
189	189	(C) T
190	190	HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT13
191	191	SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY .14
192	192	SECTION 3. Safety clause. The general assembly hereby finds,15
193	193	determines, and declares that this act is necessary for the immediate16
194	194	preservation of the public peace, health, or safety.17
195	195	HB23-1238
196	196	-6-