Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0734.01 Christopher McMichael x4775
HOUSE BILL 24-1309
House Committees Senate Committees
Agriculture, Water & Natural Resources
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) that voluntarily operates or
arranges for the use of a helicopter during backcountry search and rescue
operations (search and rescue operations), if the person:
HOUSE
Amended 2nd Reading
March 6, 2024
HOUSE SPONSORSHIP
Taggart and Velasco,
SENATE SPONSORSHIP
Roberts and Rich,
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. ! Arranges or operates the helicopter on behalf of the
governmental entity that is leading the 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; and
! Meets certain safety and training certifications and
requirements.
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.
The bill requires the office of emergency management, the
department of military and veterans affairs, and relevant county sheriffs
to establish safety, notification, and airspace deconfliction guidelines
during search and rescue operations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares 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 backcountry search and13
rescue teams to access otherwise inaccessible areas and search large areas14
quickly, thereby increasing the likelihood of a successful search and15
rescue operation and decreasing the number of volunteers needed;16
1309-2- (e) Due to limited resources and the necessity of conducting1
search and rescue operations quickly and efficiently, reliance on privately2
owned helicopters in the conduct of search and rescue missions in the3
state has increased; however, there have been major market disruptions4
to helicopter insurance policies in recent years, which phenomenon has5
decreased the willingness of private entities to volunteer the use of their6
helicopters for such missions; and7
(f) With fewer privately owned helicopters available for8
backcountry search and rescue operations, many Coloradans and visitors9
to the state will be at greater risk in the event that they are lost or injured10
in Colorado's 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 THE STATE, ANY STATE27
1309
-3- AGENCY OR INSTITUTION, OR ANY AUTHORITY, COUNTY, CITY, CITY AND1
COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE2
STATE OR ANY TRIBAL GOVERNMENT WITH 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 A BACKCOUNTRY SEARCH AND RESCUE .10
(V) N
OTWITHSTANDING THE DEFINITION OF "VOLUNTEER" IN11
SUBSECTION (3)(c) OF THIS SECTION, "VOLUNTEER" MEANS AN12
INDIVIDUAL, NONPROFIT ORGANIZATION , FOR-PROFIT CORPORATION,13
PRIVATE ORGANIZATION, OR OTHER PERSON THAT PARTICIPATES AS A14
VOLUNTEER IN A SEARCH AND RESCUE OPERATION BY ARRANGING OR15
OPERATING A HELICOPTER FOR USE IN A SEARCH AND RESCUE OPERATION ,16
OR BY ASSISTING AS A HELICOPTER CREW MEMBER IN A SEARCH AND17
RESCUE OPERATION, WITHOUT COMPENSATION FROM A GOVERNMENTAL18
ENTITY, OTHER THAN REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED .19
(b) A
VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION20
ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUNTEER RESULTING IN21
DAMAGE OR INJURY IF:22
(I) T
HE VOLUNTEER ARRANGES THE USE OF , OPERATES, OR ASSISTS23
AS A CREW MEMBER OF A HELICOPTER :24
(A) F
OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY25
SEARCH AND RESCUE;26
(B) O
N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING27
1309
-4- THE RESCUE UNIT OR CONDUCTING THE BACKCOUNTRY SEARCH AND1
RESCUE;2
(C) T
HAT MEETS THE SAFETY AND TRAINING REQUIREMENTS3
DESCRIBED IN SUBSECTION (4.5)(c)(II) OF THIS SECTION;4
(D) U
NDER A MEMORANDUM OF UNDERSTANDING OR OTHER5
AGREEMENT WITH THE GOVERNMENTAL ENTITY ; AND6
(E) T
HAT IS OPERATED IN COMPLIANCE WITH THE FEDERAL7
AVIATION ADMINISTRATION'S 2018 ADVISORY CIRCULAR AC 00-1.1B,8
APPENDIX A, "PUBLIC AIRCRAFT OPERATIONS - MANNED AND9
U
NMANNED", AS MAY BE UPDATED BY THE FEDERAL AVIATION10
ADMINISTRATION;11
(II) T
HE VOLUNTEER IS:12
(A) A
PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH13
ONE OR MORE PILOTS WHO SATISFY , THE REQUIREMENTS SPECIFIED IN14
SUBSECTION (4.5)(c)(I) OF THIS SECTION;15
(B) I
N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL16
AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE ; AND17
(C) N
OT COMPENSATED BY THE GOVERNMENTAL ENTITY FOR18
ASSISTING IN A SEARCH AND RESCUE OPERATION , OTHER THAN19
REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED ; AND20
(III) T
HE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR21
CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT22
INDIFFERENCE TO THE RIGHTS OR SAFETY OF ANY INDIVIDUALS HARMED BY23
THE VOLUNTEER.24
(c) (I) A
VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF25
SEARCH AND RESCUE OPERATIONS IN ACCOR DANCE WITH THIS SUBSECTION26
(4.5)
MUST:27
1309
-5- (A) HAVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH1
ALTITUDE OPERATIONS , CONFINED AREA LANDINGS , AND SNOW2
OPERATIONS;3
(B) P
OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT4
RATING;5
(C) H
AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF6
TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF7
MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF8
FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND9
RESCUE OPERATION; AND10
(D) B
E CERTIFIED, WITHIN THE PREVIOUS TWELVE MONTHS, BY THE11
HELICOPTER MANUFACTURER 'S INSTRUCTOR, A COMPANY CHECK PILOT, OR12
A FEDERAL AVIATION ASSOCIATION -CERTIFIED AND -RATED FLIGHT13
INSTRUCTOR TO OPERATE THE HELICOPTER USED IN THE SEARCH AND14
RESCUE OPERATION.15
(II) T
HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH16
AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE17
FOLLOWING SAFETY AND TRAINING REQUIREMENTS :18
(A) T
HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,19
IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE20
RESCUE OR THE SEARCH AND RESCUE OPERATION ;21
(B) T
HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING22
PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE23
TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE24
HELICOPTER IN A SEARCH AND RESCUE OPERATION ;25
(C) T
HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT26
SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY ;27
1309
-6- AND1
(D) T
HE HELICOPTER IS MAINTAINED IN ACCORDANCE WITH2
REGULATIONS PROMULGATED BY THE FEDERAL AVIATION3
ADMINISTRATION FOR THE MAINTENANCE AND ALTERATION OF AIRCRAFT4
PURSUANT TO 14 CFR 91.401 TO 91.499, AS AMENDED.5SECTION 3. In Colorado Revised Statutes, add 24-33.5-120 as6
follows:7
24-33.5-120. Airspace deconfliction working group - search8
and rescue - repeal. (1) THERE IS CREATED IN THE DEPARTMENT THE9
AIRSPACE DECONFLICTION WORKING GROUP, REFERRED TO IN THIS SECTION10
AS THE "WORKING GROUP".11
(2) ON OR BEFORE AUGUST 1, 2024, THE EXECUTIVE DIRECTOR12
SHALL APPOINT THE FOLLOWING MEMBERS TO THE WORKING GROUP :13
(a) TWO MEMBERS FROM THE DEPARTMENT ;14
(b) IN COORDINATION WITH A REPRESENTATIVE FROM THE COUNTY15
SHERIFFS OF COLORADO, TWO COUNTY SHERIFFS WITH EXPERIENCE IN16
CONDUCTING SEARCH AND RESCUE OPERATIONS ; AND17
(c) IN COORDINATION WITH THE ADJUTANT GENERAL OF THE18
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS, CREATED IN SECTION19
24-1-127, TWO MEMBERS OF THE DEPARTMENT OF MILITARY AND20
VETERANS AFFAIRS.21
(3) (a) THE EXECUTIVE DIRECTOR SHALL CALL THE FIRST MEETING22
OF THE WORKING GROUP.23
(b) THE WORKING GROUP SHALL MEET AS NECESSARY TO24
ESTABLISH AIRSPACE DECONFLICTION GUIDELINES IN ACCORDANCE WITH25
SUBSECTION (4) OF THIS SECTION.26
(4) (a) ON OR BEFORE JANUARY 1, 2025, THE WORKING GROUP27
1309
-7- SHALL ESTABLISH AIRSPACE DECONFLICTION GUIDELINES RELATED TO1
SEARCH AND RESCUE OPERATIONS .2
(b) THE WORKING GROUP SHALL ENSURE THAT THE AIRSPACE3
DECONFLICTION GUIDELINES ARE APPLICABLE TO ALL PARTIES INVOLVED4
IN AERIAL SEARCH AND RESCUE OPERATIONS .5
(5) THE DEPARTMENT SHALL SEND NOTICE TO ALL RELEVANT6
ENTITIES, AS DETERMINED BY THE DEPARTMENT , THAT AIRSPACE7
DECONFLICTION GUIDELINES HAVE BEEN ESTABLISHED AND PUBLISH THE8
GUIDELINES ON THE DEPARTMENT 'S WEBSITE.9
(6) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2026.10
SECTION 4. In Colorado Revised Statutes, 24-33.5-707, amend11
(10)(b); and add (10)(c) as follows:12
24-33.5-707. Local and interjurisdictional emergency13
management agencies and services. (10) The sheriff of each county14
shall:15
(b) Make use of the search and rescue capability and resources16
available within the county and request assistance from the office of17
emergency management only when and if the sheriff determines such18
additional assistance is required;
AND19
(c) E
STABLISH A POLICY OR PROCEDURE FOR ADHERING TO THE20
AIRSPACE DECONFLICTION GUIDELINES ESTABLISHED PURSUANT TO21
SECTION 24-33.5-120 WHEN THERE COULD BE MULTIPLE AIRCRAFT22
INVOLVED IN A SEARCH AND RESCUE OPERATION WITHIN THE SHERIFF 'S23
JURISDICTION.24
SECTION 5. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety or for appropriations for27
1309
-8- the support and maintenance of the departments of the state and state1
institutions.2
1309
-9-