Colorado 2024 Regular Session

Colorado House Bill HB1309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0734.01 Christopher McMichael x4775
1	8		HOUSE BILL 24-1309
2		-	BY REPRESENTATIVE(S) Taggart and Velasco, Amabile, Armagost,
3		-	Bacon, Bird, Boesenecker, Bradley, Catlin, Clifford, Duran, English, Evans,
4		-	Frizell, Froelich, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
5		-	Lynch, Mabrey, Marshall, Martinez, Mauro, McLachlan, Ortiz, Ricks,
6		-	Snyder, Soper, Titone, Valdez, Weinberg, Willford, Woodrow, Young,
7		-	McCluskie;
8		-	also SENATOR(S) Roberts and Rich, Baisley, Exum, Fields, Gardner,
9		-	Ginal, Hinrichsen, Kirkmeyer, Liston, Lundeen, Michaelson Jenet,
10		-	Simpson, Van Winkle, Will, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Agriculture, Water & Natural Resources Agriculture & Natural Resources
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING PROTECTION FOR PERSONS ASSISTING IN VOLUNTEER
13		-	HELICOPTER SEARCH AND RESCUE OPERATIONS
14		-	.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. Legislative declaration. (1) The general assembly
17		-	finds and declares that:
18		-	(a) Colorado residents and visitors enjoy outdoor recreation, and the
19		-	number of people participating in outdoor and backcountry recreation
20		-	activities has increased significantly in recent years;
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (b) Search and rescue calls are at an all-time high as outdoor
29		-	recreation continues to gain popularity, particularly in Colorado's
30		-	backcountry areas;
31		-	(c) Helicopters are an invaluable asset to rescue units and
32		-	backcountry search and rescue teams that are searching for lost or injured
33		-	individuals in Colorado's backcountry and rugged outdoor terrain;
34		-	(d) Helicopters allow rescue units and backcountry search and
35		-	rescue teams to access otherwise inaccessible areas and search large areas
36		-	quickly, thereby increasing the likelihood of a successful search and rescue
37		-	operation and decreasing the number of volunteers needed;
38		-	(e) Due to limited resources and the necessity of conducting search
39		-	and rescue operations quickly and efficiently, reliance on privately owned
40		-	helicopters in the conduct of search and rescue missions in the state has
41		-	increased; however, there have been major market disruptions to helicopter
42		-	insurance policies in recent years, which phenomenon has decreased the
43		-	willingness of private entities to volunteer the use of their helicopters for
44		-	such missions; and
45		-	(f) With fewer privately owned helicopters available for
46		-	backcountry search and rescue operations, many Coloradans and visitors to
47		-	the state will be at greater risk in the event that they are lost or injured in
48		-	Colorado's backcountry and outdoor recreation areas.
49		-	(2) Therefore, the general assembly declares that it is in the best
50		-	interest of Colorado residents and visitors to the state to provide protection
51		-	to private individuals and entities that volunteer the use of their helicopters
52		-	during search and rescue operations by giving them immunity from civil
53		-	liability while they are assisting and participating in rescue or backcountry
54		-	search and rescue operations.
55		-	SECTION 2. In Colorado Revised Statutes, 13-21-115.5, add (4.5)
56		-	as follows:
57		-	13-21-115.5. Volunteer service act - immunity - exception for
58		-	operation of motor vehicles - exception for helicopter search and rescue
59		-	- short title - legislative declaration - definitions. (4.5) (a) A
60		-	S USED IN
61		-	THIS SUBSECTION
62		-	(4.5), UNLESS THE CONTEXT OTHERWISE REQUIRES :
63		-	PAGE 2-HOUSE BILL 24-1309 (I) "BACKCOUNTRY SEARCH AND RESCUE " HAS THE MEANING SET
64		-	FORTH IN SECTION
65		-	33-1-102 (1.3).
	13	+	ONCERNING PROTECTION FOR PERSONS ASSISTING IN VOLUNTEER101
	14	+	HELICOPTER SEARCH AND RESCUE OPERATIONS .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill extends immunity from civil liability for damage or injury,
	23	+	other than that which arises from gross negligence or willful misconduct,
	24	+	to an individual, nonprofit organization, for-profit corporation, private
	25	+	organization, or other person (person) that voluntarily operates or
	26	+	arranges for the use of a helicopter during backcountry search and rescue
	27	+	operations (search and rescue operations), if the person:
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 2, 2024
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	April 1, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 7, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 6, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Taggart and Velasco, Amabile, Armagost, Bacon, Bird, Boesenecker, Bradley, Catlin,
	42	+	Clifford, Duran, English, Evans, Frizell, Froelich, Herod, Jodeh, Joseph, Kipp, Lieder,
	43	+	Lindsay, Lindstedt, Lynch, Mabrey, Marshall, Martinez, Mauro, McCluskie, McLachlan,
	44	+	Ortiz, Ricks, Snyder, Soper, Titone, Valdez, Weinberg, Willford, Woodrow, Young
	45	+	SENATE SPONSORSHIP
	46	+	Roberts and Rich, Baisley, Exum, Fenberg, Fields, Gardner, Ginal, Hinrichsen, Kirkmeyer,
	47	+	Liston, Lundeen, Michaelson Jenet, Simpson, Van Winkle, Will
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. ! Arranges or operates the helicopter on behalf of the
	51	+	governmental entity that is leading the search and rescue
	52	+	operation;
	53	+	! Has an agreement with the governmental entity;
	54	+	! Is, employs, or otherwise contracts with a pilot that is
	55	+	properly licensed to operate the helicopter; and
	56	+	! Meets certain safety and training certifications and
	57	+	requirements.
	58	+	The bill also establishes criteria that volunteer helicopter pilots and
	59	+	the helicopters used in search and rescue operations must satisfy in order
	60	+	for the volunteer helicopter owner or operator to qualify for immunity
	61	+	under the bill.
	62	+	The bill requires the office of emergency management, the
	63	+	department of military and veterans affairs, and relevant county sheriffs
	64	+	to establish safety, notification, and airspace deconfliction guidelines
	65	+	during search and rescue operations.
	66	+	Be it enacted by the General Assembly of the State of Colorado:1
	67	+	SECTION 1. Legislative declaration. (1) The general assembly2
	68	+	finds and declares that:3
	69	+	(a) Colorado residents and visitors enjoy outdoor recreation, and4
	70	+	the number of people participating in outdoor and backcountry recreation5
	71	+	activities has increased significantly in recent years;6
	72	+	(b) Search and rescue calls are at an all-time high as outdoor7
	73	+	recreation continues to gain popularity, particularly in Colorado's8
	74	+	backcountry areas;9
	75	+	(c) Helicopters are an invaluable asset to rescue units and10
	76	+	backcountry search and rescue teams that are searching for lost or injured11
	77	+	individuals in Colorado's backcountry and rugged outdoor terrain;12
	78	+	(d) Helicopters allow rescue units and backcountry search and13
	79	+	rescue teams to access otherwise inaccessible areas and search large areas14
	80	+	quickly, thereby increasing the likelihood of a successful search and15
	81	+	rescue operation and decreasing the number of volunteers needed;16
	82	+	1309-2- (e) Due to limited resources and the necessity of conducting1
	83	+	search and rescue operations quickly and efficiently, reliance on privately2
	84	+	owned helicopters in the conduct of search and rescue missions in the3
	85	+	state has increased; however, there have been major market disruptions4
	86	+	to helicopter insurance policies in recent years, which phenomenon has5
	87	+	decreased the willingness of private entities to volunteer the use of their6
	88	+	helicopters for such missions; and7
	89	+	(f) With fewer privately owned helicopters available for8
	90	+	backcountry search and rescue operations, many Coloradans and visitors9
	91	+	to the state will be at greater risk in the event that they are lost or injured10
	92	+	in Colorado's backcountry and outdoor recreation areas.11
	93	+	(2) Therefore, the general assembly declares that it is in the best12
	94	+	interest of Colorado residents and visitors to the state to provide13
	95	+	protection to private individuals and entities that volunteer the use of their14
	96	+	helicopters during search and rescue operations by giving them immunity15
	97	+	from civil liability while they are assisting and participating in rescue or16
	98	+	backcountry search and rescue operations.17
	99	+	SECTION 2. In Colorado Revised Statutes, 13-21-115.5, add18
	100	+	(4.5) as follows:19
	101	+	13-21-115.5. Volunteer service act - immunity - exception for20
	102	+	operation of motor vehicles - exception for helicopter search and21
	103	+	rescue - short title - legislative declaration - definitions. (4.5) (a) A
	104	+	S22
	105	+	USED IN THIS SUBSECTION (4.5), UNLESS THE CONTEXT OTHERWISE23
	106	+	REQUIRES:24
	107	+	(I) "B
	108	+	ACKCOUNTRY SEARCH AND RESCUE " HAS THE MEANING SET25
	109	+	FORTH IN SECTION 33-1-102 (1.3).26
66	110		(II) (A) "G
67		-	OVERNMENTAL ENTITY " MEANS THE STATE, ANY STATE
68		-	AGENCY OR INSTITUTION
69		-	, OR ANY AUTHORITY, COUNTY, CITY, CITY AND
70		-	COUNTY
71		-	, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE
72		-	OR ANY TRIBAL GOVERNMENT WITH JURISDICTION IN
73		-	COLORADO.
	111	+	OVERNMENTAL ENTITY" MEANS THE STATE, ANY STATE27
	112	+	1309
	113	+	-3- AGENCY OR INSTITUTION, OR ANY AUTHORITY, COUNTY, CITY, CITY AND1
	114	+	COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE2
	115	+	STATE OR ANY TRIBAL GOVERNMENT WITH JURISDICTION IN COLORADO.3
74	116		(B) "G
75		-	OVERNMENTAL ENTITY " INCLUDES ANY INSTITUTION ,
76		-	DEPARTMENT, AGENCY, OR AUTHORITY OF ANY ENTITY LISTED IN
77		-	SUBSECTION
78		-	(4.5)(a)(II)(A) OF THIS SECTION.
	117	+	OVERNMENTAL ENTITY " INCLUDES ANY INSTITUTION ,4
	118	+	DEPARTMENT, AGENCY, OR AUTHORITY OF ANY ENTITY LISTED IN5
	119	+	SUBSECTION (4.5)(a)(II)(A) OF THIS SECTION.6
79	120		(III) "R
80		-	ESCUE UNIT" HAS THE MEANING SET FORTH IN SECTION
81		-	25-3.5-103 (11).
	121	+	ESCUE UNIT" HAS THE MEANING SET FORTH IN SECTION7
	122	+	25-3.5-103
	123	+	(11).8
82	124		(IV) "S
83		-	EARCH AND RESCUE OPERATION " MEANS THE OPERATION OF
84		-	A RESCUE UNIT OR A BACKCOUNTRY SEARCH AND RESCUE
85		-	.
	125	+	EARCH AND RESCUE OPERATION " MEANS THE OPERATION9
	126	+	OF A RESCUE UNIT OR A BACKCOUNTRY SEARCH AND RESCUE .10
86	127		(V) N
87		-	OTWITHSTANDING THE DEFINITION OF "VOLUNTEER" IN
88		-	SUBSECTION
89		-	(3)(c) OF THIS SECTION, "VOLUNTEER" MEANS AN INDIVIDUAL,
90		-	NONPROFIT ORGANIZATION , FOR-PROFIT CORPORATION , PRIVATE
91		-	ORGANIZATION
92		-	, OR OTHER PERSON THAT PARTICIPATES AS A VOLUNTEER IN
93		-	A SEARCH AND RESCUE OPERATION BY ARR ANGING OR OPERATING A
94		-	HELICOPTER FOR USE IN A SEARCH AND RESCUE OPERATION
95		-	, OR BY ASSISTING
96		-	AS A HELICOPTER CREW MEMBER IN A SEARCH AND RESCUE OPERATION
97		-	,
98		-	WITHOUT COMPENSATION FROM A GOVERNMENTAL ENTITY , OTHER THAN
99		-	REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED
100		-	.
	128	+	OTWITHSTANDING THE DEFINITION OF "VOLUNTEER" IN11
	129	+	SUBSECTION (3)(c) OF THIS SECTION, "VOLUNTEER" MEANS AN12
	130	+	INDIVIDUAL, NONPROFIT ORGANIZATION , FOR-PROFIT CORPORATION,13
	131	+	PRIVATE ORGANIZATION, OR OTHER PERSON THAT PARTICIPATES AS A14
	132	+	VOLUNTEER IN A SEARCH AND RESCUE OPERATION BY ARRANGING OR15
	133	+	OPERATING A HELICOPTER FOR USE IN A SEARCH AND RESCUE OPERATION ,16
	134	+	OR BY ASSISTING AS A HELICOPTER CREW MEMBER IN A SEARCH AND17
	135	+	RESCUE OPERATION, WITHOUT COMPENSATION FROM A GOVERNMENTAL18
	136	+	ENTITY, OTHER THAN REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED .19
101	137		(b) A
102		-	VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION
103		-	ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUN TEER RESULTING IN
104		-	DAMAGE OR INJURY IF
105		-	:
	138	+	VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION20
	139	+	ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUNTEER RESULTING IN21
	140	+	DAMAGE OR INJURY IF:22
106	141		(I) T
107		-	HE VOLUNTEER ARRANGES THE USE OF , OPERATES, OR ASSISTS
108		-	AS A CREW MEMBER OF A HELICOPTER
109		-	:
	142	+	HE VOLUNTEER ARRANGES THE USE OF , OPERATES, OR ASSISTS23
	143	+	AS A CREW MEMBER OF A HELICOPTER :24
110	144		(A) F
111		-	OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY SEARCH
112		-	AND RESCUE
113		-	;
	145	+	OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY25
	146	+	SEARCH AND RESCUE;26
114	147		(B) O
115		-	N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING THE
116		-	RESCUE UNIT OR CONDUCTING THE BACKCOUNTRY SEARCH AND RESCUE
117		-	;
118		-	PAGE 3-HOUSE BILL 24-1309 (C) THAT MEETS THE SAFETY AND TRAINING REQUIREMENTS
119		-	DESCRIBED IN SUBSECTION
120		-	(4.5)(c)(II) OF THIS SECTION;
	148	+	N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING27
	149	+	1309
	150	+	-4- THE RESCUE UNIT OR CONDUCTING THE BACKCOUNTRY SEARCH AND1
	151	+	RESCUE;2
	152	+	(C) T
	153	+	HAT MEETS THE SAFETY AND TRAINING REQUIREMENTS3
	154	+	DESCRIBED IN SUBSECTION (4.5)(c)(II) OF THIS SECTION;4
121	155		(D) U
122		-	NDER A MEMORANDUM OF UNDERSTANDING OR OTHER
123		-	AGREEMENT WITH THE GOVERNMENTAL ENTITY
124		-	; AND
125		-	(E) THAT IS OPERATED IN COMPLIANCE WITH THE FEDERAL AVIATION
126		-	ADMINISTRATION
127		-	'S 2018 ADVISORY CIRCULAR AC 00-1.1B, APPENDIX A,
128		-	"P
129		-	UBLIC AIRCRAFT OPERATIONS - MANNED AND UNMANNED", AS MAY BE
130		-	UPDATED BY THE FEDERAL AVIATION ADMINISTRATION
131		-	;
	156	+	NDER A MEMORANDUM OF UNDERSTANDING OR OTHER5
	157	+	AGREEMENT WITH THE GOVERNMENTAL ENTITY ; AND6
	158	+	(E) T
	159	+	HAT IS OPERATED IN COMPLIANCE WITH THE FEDERAL7
	160	+	AVIATION ADMINISTRATION'S 2018 ADVISORY CIRCULAR AC 00-1.1B,8
	161	+	APPENDIX A, "PUBLIC AIRCRAFT OPERATIONS - MANNED AND9
	162	+	U
	163	+	NMANNED", AS MAY BE UPDATED BY THE FEDERAL AVIATION10
	164	+	ADMINISTRATION;11
132	165		(II) T
133		-	HE VOLUNTEER IS:
	166	+	HE VOLUNTEER IS:12
134	167		(A) A
135		-	PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH ONE
136		-	OR MORE PILOTS WHO SATISFY
137		-	, THE REQUIREMENTS SPECIFIED IN
138		-	SUBSECTION
139		-	(4.5)(c)(I) OF THIS SECTION;
	168	+	PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH13
	169	+	ONE OR MORE PILOTS WHO SATISFY , THE REQUIREMENTS SPECIFIED IN14
	170	+	SUBSECTION (4.5)(c)(I) OF THIS SECTION;15
140	171		(B) I
141		-	N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL
142		-	AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE
143		-	; AND
144		-	(C) NOT COMPENSATED BY THE GOVERNMENTAL ENTITY FOR
145		-	ASSISTING IN A SEARCH AND RESCUE OPERATION
146		-	, OTHER THAN
147		-	REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED
148		-	; AND
149		-	(III) THE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR
150		-	CRIMINAL MISCONDUCT
151		-	, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT
152		-	INDIFFERENCE TO THE RIGHTS OR SAFETY OF ANY INDIVIDUALS HARMED BY
153		-	THE VOLUNTEER
154		-	.
	172	+	N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL16
	173	+	AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE ; AND17
	174	+	(C) N
	175	+	OT COMPENSATED BY THE GOVERNMENTAL ENTITY FOR18
	176	+	ASSISTING IN A SEARCH AND RESCUE OPERATION , OTHER THAN19
	177	+	REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED ; AND20
	178	+	(III) T
	179	+	HE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR21
	180	+	CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT22
	181	+	INDIFFERENCE TO THE RIGHTS OR SAFETY OF ANY INDIVIDUALS HARMED BY23
	182	+	THE VOLUNTEER.24
155	183		(c) (I) A
156		-	VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF
157		-	SEARCH AND RESCUE OPERATIONS IN ACCORDANCE WITH THIS SUBSECTION
158		-	(4.5) MUST:
159		-	(A) H
160		-	AVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH ALTITUDE
161		-	OPERATIONS
162		-	, CONFINED AREA LANDINGS, AND SNOW OPERATIONS;
	184	+	VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF25
	185	+	SEARCH AND RESCUE OPERATIONS IN ACCOR DANCE WITH THIS SUBSECTION26
	186	+	(4.5)
	187	+	MUST:27
	188	+	1309
	189	+	-5- (A) HAVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH1
	190	+	ALTITUDE OPERATIONS , CONFINED AREA LANDINGS , AND SNOW2
	191	+	OPERATIONS;3
163	192		(B) P
164		-	OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT
165		-	RATING
166		-	;
	193	+	OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT4
	194	+	RATING;5
167	195		(C) H
168		-	AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF
169		-	PAGE 4-HOUSE BILL 24-1309 TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF
170		-	MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF
171		-	FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND RESCUE
172		-	OPERATION
173		-	; AND
174		-	(D) BE CERTIFIED, WITHIN THE PREVIOUS TWELVE MONTHS , BY THE
175		-	HELICOPTER MANUFACTURER
176		-	'S INSTRUCTOR, A COMPANY CHECK PILOT, OR
177		-	A FEDERAL AVIATION ASSOCIATION
178		-	-CERTIFIED AND -RATED FLIGHT
179		-	INSTRUCTOR TO OPERATE THE HELICOPTER USED IN THE SEARCH AND RESCUE
180		-	OPERATION
181		-	.
	196	+	AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF6
	197	+	TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF7
	198	+	MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF8
	199	+	FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND9
	200	+	RESCUE OPERATION; AND10
	201	+	(D) B
	202	+	E CERTIFIED, WITHIN THE PREVIOUS TWELVE MONTHS, BY THE11
	203	+	HELICOPTER MANUFACTURER 'S INSTRUCTOR, A COMPANY CHECK PILOT, OR12
	204	+	A FEDERAL AVIATION ASSOCIATION -CERTIFIED AND -RATED FLIGHT13
	205	+	INSTRUCTOR TO OPERATE THE HELICOPTER USED IN THE SEARCH AND14
	206	+	RESCUE OPERATION.15
182	207		(II) T
183		-	HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH
184		-	AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE
185		-	FOLLOWING SAFETY AND TRAINING REQUIREMENTS
186		-	:
	208	+	HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH16
	209	+	AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE17
	210	+	FOLLOWING SAFETY AND TRAINING REQUIREMENTS :18
187	211		(A) T
188		-	HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,
189		-	IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE
190		-	RESCUE OR THE SEARCH AND RESCUE OPERATION
191		-	;
	212	+	HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,19
	213	+	IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE20
	214	+	RESCUE OR THE SEARCH AND RESCUE OPERATION ;21
192	215		(B) T
193		-	HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING
194		-	PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE
195		-	TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE
196		-	HELICOPTER IN A SEARCH AND RESCUE OPERATION
197		-	;
	216	+	HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING22
	217	+	PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE23
	218	+	TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE24
	219	+	HELICOPTER IN A SEARCH AND RESCUE OPERATION ;25
198	220		(C) T
199		-	HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT
200		-	SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY
201		-	; AND
202		-	(D) THE HELICOPTER IS MAINTAINED IN ACCORDANCE WITH
203		-	REGULATIONS PROMULGATED BY THE FEDERAL AVIATION ADMINISTRATION
204		-	FOR THE MAINTENANCE AND ALTERATION OF AIRCRAFT PURSUANT TO
205		-	14
206		-	CFR
207		-	91.401 TO 91.499, AS AMENDED.
208		-	SECTION 3. In Colorado Revised Statutes, add 24-33.5-120 as
209		-	follows:
210		-	24-33.5-120. Airspace deconfliction working group - search and
211		-	rescue - repeal. (1) T
212		-	HERE IS CREATED IN THE DEPARTMENT THE AIRSPACE
213		-	DECONFLICTION WORKING GROUP
214		-	, REFERRED TO IN THIS SECTION AS THE
215		-	"WORKING GROUP".
216		-	PAGE 5-HOUSE BILL 24-1309 (2) ON OR BEFORE AUGUST 1, 2024, THE EXECUTIVE DIRECTOR
217		-	SHALL APPOINT THE FOLLOWING MEMBERS TO THE WORKING GROUP
218		-	:
219		-	(a) T
220		-	WO MEMBERS FROM THE DEPARTMENT ;
221		-	(b) I
222		-	N COORDINATION WITH A REPRESENTATIVE FROM THE COUNTY
223		-	SHERIFFS OF
224		-	COLORADO, TWO COUNTY SHERIFFS WITH EXPERIENCE IN
225		-	CONDUCTING SEARCH AND RESCUE OPERATIONS
226		-	; AND
227		-	(c) IN COORDINATION WITH THE ADJUTANT GENERAL OF THE
228		-	DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
229		-	, CREATED IN SECTION
230		-	24-1-127, TWO MEMBERS OF THE DEPARTMENT OF MILITARY AND VETERANS
231		-	AFFAIRS
232		-	.
233		-	(3) (a) T
234		-	HE EXECUTIVE DIRECTOR SHALL CALL THE FIRST MEETING OF
235		-	THE WORKING GROUP
236		-	.
237		-	(b) T
238		-	HE WORKING GROUP SHALL MEET AS NECESSARY TO ESTABLISH
239		-	AIRSPACE DECONFLICTION GUIDELINES IN ACCORDANCE WITH SUBSECTION
240		-	(4) OF THIS SECTION.
241		-	(4) (a) O
242		-	N OR BEFORE JANUARY 1, 2025, THE WORKING GROUP SHALL
243		-	ESTABLISH AIRSPACE DECONFLICTION GUIDELINES RELATED TO SEARCH AND
244		-	RESCUE OPERATIONS
245		-	.
246		-	(b) T
247		-	HE WORKING GROUP SHALL ENSURE THAT THE AIRSPACE
248		-	DECONFLICTION GUIDELINES ARE APPLICABLE TO ALL PARTIES INVOLVED IN
249		-	AERIAL SEARCH AND RESCUE OPERATIONS
250		-	.
251		-	(5) T
252		-	HE DEPARTMENT SHALL SEND NOTICE TO ALL RELEVANT
253		-	ENTITIES
254		-	, AS DETERMINED BY THE DEPARTMENT , THAT AIRSPACE
255		-	DECONFLICTION GUIDELINES HAVE BEEN ESTABLISHED AND PUBLISH THE
256		-	GUIDELINES ON THE DEPARTMENT
257		-	'S WEBSITE.
258		-	(6) T
259		-	HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2026.
260		-	SECTION 4. In Colorado Revised Statutes, 24-33.5-707, amend
261		-	(10)(b); and add (10)(c) as follows:
262		-	24-33.5-707. Local and interjurisdictional emergency
263		-	PAGE 6-HOUSE BILL 24-1309 management agencies and services. (10) The sheriff of each county shall:
264		-	(b) Make use of the search and rescue capability and resources
265		-	available within the county and request assistance from the office of
266		-	emergency management only when and if the sheriff determines such
	221	+	HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT26
	222	+	SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY ;27
	223	+	1309
	224	+	-6- AND1
	225	+	(D) T
	226	+	HE HELICOPTER IS MAINTAINED IN ACCORDANCE WITH2
	227	+	REGULATIONS PROMULGATED BY THE FEDERAL AVIATION3
	228	+	ADMINISTRATION FOR THE MAINTENANCE AND ALTERATION OF AIRCRAFT4
	229	+	PURSUANT TO 14 CFR 91.401 TO 91.499, AS AMENDED.5SECTION 3. In Colorado Revised Statutes, add 24-33.5-120 as6
	230	+	follows:7
	231	+	24-33.5-120. Airspace deconfliction working group - search8
	232	+	and rescue - repeal. (1) THERE IS CREATED IN THE DEPARTMENT THE9
	233	+	AIRSPACE DECONFLICTION WORKING GROUP, REFERRED TO IN THIS SECTION10
	234	+	AS THE "WORKING GROUP".11
	235	+	(2) ON OR BEFORE AUGUST 1, 2024, THE EXECUTIVE DIRECTOR12
	236	+	SHALL APPOINT THE FOLLOWING MEMBERS TO THE WORKING GROUP :13
	237	+	(a) TWO MEMBERS FROM THE DEPARTMENT ;14
	238	+	(b) IN COORDINATION WITH A REPRESENTATIVE FROM THE COUNTY15
	239	+	SHERIFFS OF COLORADO, TWO COUNTY SHERIFFS WITH EXPERIENCE IN16
	240	+	CONDUCTING SEARCH AND RESCUE OPERATIONS ; AND17
	241	+	(c) IN COORDINATION WITH THE ADJUTANT GENERAL OF THE18
	242	+	DEPARTMENT OF MILITARY AND VETERANS AFFAIRS, CREATED IN SECTION19
	243	+	24-1-127, TWO MEMBERS OF THE DEPARTMENT OF MILITARY AND20
	244	+	VETERANS AFFAIRS.21
	245	+	(3) (a) THE EXECUTIVE DIRECTOR SHALL CALL THE FIRST MEETING22
	246	+	OF THE WORKING GROUP.23
	247	+	(b) THE WORKING GROUP SHALL MEET AS NECESSARY TO24
	248	+	ESTABLISH AIRSPACE DECONFLICTION GUIDELINES IN ACCORDANCE WITH25
	249	+	SUBSECTION (4) OF THIS SECTION.26
	250	+	(4) (a) ON OR BEFORE JANUARY 1, 2025, THE WORKING GROUP27
	251	+	1309
	252	+	-7- SHALL ESTABLISH AIRSPACE DECONFLICTION GUIDELINES RELATED TO1
	253	+	SEARCH AND RESCUE OPERATIONS .2
	254	+	(b) THE WORKING GROUP SHALL ENSURE THAT THE AIRSPACE3
	255	+	DECONFLICTION GUIDELINES ARE APPLICABLE TO ALL PARTIES INVOLVED4
	256	+	IN AERIAL SEARCH AND RESCUE OPERATIONS .5
	257	+	(5) THE DEPARTMENT SHALL SEND NOTICE TO ALL RELEVANT6
	258	+	ENTITIES, AS DETERMINED BY THE DEPARTMENT , THAT AIRSPACE7
	259	+	DECONFLICTION GUIDELINES HAVE BEEN ESTABLISHED AND PUBLISH THE8
	260	+	GUIDELINES ON THE DEPARTMENT 'S WEBSITE.9
	261	+	(6) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2026.10
	262	+	SECTION 4. In Colorado Revised Statutes, 24-33.5-707, amend11
	263	+	(10)(b); and add (10)(c) as follows:12
	264	+	24-33.5-707. Local and interjurisdictional emergency13
	265	+	management agencies and services. (10) The sheriff of each county14
	266	+	shall:15
	267	+	(b) Make use of the search and rescue capability and resources16
	268	+	available within the county and request assistance from the office of17
	269	+	emergency management only when and if the sheriff determines such18
267	270		additional assistance is required;
268		-	AND
269		-	(c) ESTABLISH A POLICY OR PROCEDURE FOR ADHERING TO THE
270		-	AIRSPACE DECONFLICTION GUIDELINES ESTABLISHED PURSUANT TO SECTION
271		-	24-33.5-120 WHEN THERE COULD BE MULTIPLE AIRCRAFT INVOLVED IN A
272		-	SEARCH AND RESCUE OPERATION WITHIN THE SHERIFF
273		-	'S JURISDICTION.
274		-	SECTION 5. Safety clause. The general assembly finds,
275		-	determines, and declares that this act is necessary for the immediate
276		-	preservation of the public peace, health, or safety or for appropriations for
277		-	PAGE 7-HOUSE BILL 24-1309 the support and maintenance of the departments of the state and state
278		-	institutions.
279		-	____________________________ ____________________________
280		-	Julie McCluskie Steve Fenberg
281		-	SPEAKER OF THE HOUSE PRESIDENT OF
282		-	OF REPRESENTATIVES THE SENATE
283		-	____________________________ ____________________________
284		-	Robin Jones Cindi L. Markwell
285		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
286		-	OF REPRESENTATIVES THE SENATE
287		-	APPROVED________________________________________
288		-	(Date and Time)
289		-	_________________________________________
290		-	Jared S. Polis
291		-	GOVERNOR OF THE STATE OF COLORADO
292		-	PAGE 8-HOUSE BILL 24-1309
	271	+	AND19
	272	+	(c) E
	273	+	STABLISH A POLICY OR PROCEDURE FOR ADHERING TO THE20
	274	+	AIRSPACE DECONFLICTION GUIDELINES ESTABLISHED PURSUANT TO21
	275	+	SECTION 24-33.5-120 WHEN THERE COULD BE MULTIPLE AIRCRAFT22
	276	+	INVOLVED IN A SEARCH AND RESCUE OPERATION WITHIN THE SHERIFF 'S23
	277	+	JURISDICTION.24
	278	+	SECTION 5. Safety clause. The general assembly finds,25
	279	+	determines, and declares that this act is necessary for the immediate26
	280	+	preservation of the public peace, health, or safety or for appropriations for27
	281	+	1309
	282	+	-8- the support and maintenance of the departments of the state and state1
	283	+	institutions.2
	284	+	1309
	285	+	-9-