HOUSE BILL 24-1309
BY REPRESENTATIVE(S) Taggart and Velasco, Amabile, Armagost,
Bacon, Bird, Boesenecker, Bradley, Catlin, Clifford, Duran, English, Evans,
Frizell, Froelich, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
Lynch, Mabrey, Marshall, Martinez, Mauro, McLachlan, Ortiz, Ricks,
Snyder, Soper, Titone, Valdez, Weinberg, Willford, Woodrow, Young,
McCluskie;
also SENATOR(S) Roberts and Rich, Baisley, Exum, Fields, Gardner,
Ginal, Hinrichsen, Kirkmeyer, Liston, Lundeen, Michaelson Jenet,
Simpson, Van Winkle, Will, Fenberg.
C
ONCERNING PROTECTION FOR PERSONS ASSISTING IN VOLUNTEER
HELICOPTER SEARCH AND RESCUE OPERATIONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Colorado residents and visitors enjoy outdoor recreation, and the
number of people participating in outdoor and backcountry recreation
activities has increased significantly in recent years;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) Search and rescue calls are at an all-time high as outdoor
recreation continues to gain popularity, particularly in Colorado's
backcountry areas;
(c) Helicopters are an invaluable asset to rescue units and
backcountry search and rescue teams that are searching for lost or injured
individuals in Colorado's backcountry and rugged outdoor terrain;
(d) Helicopters allow rescue units and backcountry search and
rescue teams to access otherwise inaccessible areas and search large areas
quickly, thereby increasing the likelihood of a successful search and rescue
operation and decreasing the number of volunteers needed;
(e) Due to limited resources and the necessity of conducting search
and rescue operations quickly and efficiently, reliance on privately owned
helicopters in the conduct of search and rescue missions in the state has
increased; however, there have been major market disruptions to helicopter
insurance policies in recent years, which phenomenon has decreased the
willingness of private entities to volunteer the use of their helicopters for
such missions; and
(f) With fewer privately owned helicopters available for
backcountry search and rescue operations, many Coloradans and visitors to
the state will be at greater risk in the event that they are lost or injured in
Colorado's backcountry and outdoor recreation areas.
(2) Therefore, the general assembly declares that it is in the best
interest of Colorado residents and visitors to the state to provide protection
to private individuals and entities that volunteer the use of their helicopters
during search and rescue operations by giving them immunity from civil
liability while they are assisting and participating in rescue or backcountry
search and rescue operations.
SECTION 2. In Colorado Revised Statutes, 13-21-115.5, add (4.5)
as follows:
13-21-115.5. Volunteer service act - immunity - exception for
operation of motor vehicles - exception for helicopter search and rescue
- short title - legislative declaration - definitions. (4.5) (a) A
S USED IN
THIS SUBSECTION
(4.5), UNLESS THE CONTEXT OTHERWISE REQUIRES :
PAGE 2-HOUSE BILL 24-1309 (I) "BACKCOUNTRY SEARCH AND RESCUE " HAS THE MEANING SET
FORTH IN SECTION
33-1-102 (1.3).
(II) (A) "G
OVERNMENTAL ENTITY " MEANS THE STATE, ANY STATE
AGENCY OR INSTITUTION
, OR ANY AUTHORITY, COUNTY, CITY, CITY AND
COUNTY
, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE
OR ANY TRIBAL GOVERNMENT WITH JURISDICTION IN
COLORADO.
(B) "G
OVERNMENTAL ENTITY " INCLUDES ANY INSTITUTION ,
DEPARTMENT, AGENCY, OR AUTHORITY OF ANY ENTITY LISTED IN
SUBSECTION
(4.5)(a)(II)(A) OF THIS SECTION.
(III) "R
ESCUE UNIT" HAS THE MEANING SET FORTH IN SECTION
25-3.5-103 (11).
(IV) "S
EARCH AND RESCUE OPERATION " MEANS THE OPERATION OF
A RESCUE UNIT OR A BACKCOUNTRY SEARCH AND RESCUE
.
(V) N
OTWITHSTANDING THE DEFINITION OF "VOLUNTEER" IN
SUBSECTION
(3)(c) OF THIS SECTION, "VOLUNTEER" MEANS AN INDIVIDUAL,
NONPROFIT ORGANIZATION , FOR-PROFIT CORPORATION , PRIVATE
ORGANIZATION
, OR OTHER PERSON THAT PARTICIPATES AS A VOLUNTEER IN
A SEARCH AND RESCUE OPERATION BY ARR ANGING OR OPERATING A
HELICOPTER FOR USE IN A SEARCH AND RESCUE OPERATION
, OR BY ASSISTING
AS A HELICOPTER CREW MEMBER IN A SEARCH AND RESCUE OPERATION
,
WITHOUT COMPENSATION FROM A GOVERNMENTAL ENTITY , OTHER THAN
REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED
.
(b) A
VOLUNTEER IS IMMUNE FROM CIVIL LIABILITY IN ANY ACTION
ON THE BASIS OF ANY ACT OR OMISSION OF THE VOLUN TEER RESULTING IN
DAMAGE OR INJURY IF
:
(I) T
HE VOLUNTEER ARRANGES THE USE OF , OPERATES, OR ASSISTS
AS A CREW MEMBER OF A HELICOPTER
:
(A) F
OR THE BENEFIT OF A RESCUE UNIT OR BACKCOUNTRY SEARCH
AND RESCUE
;
(B) O
N BEHALF OF A GOVERNMENTAL ENTITY THAT IS LEADING THE
RESCUE UNIT OR CONDUCTING THE BACKCOUNTRY SEARCH AND RESCUE
;
PAGE 3-HOUSE BILL 24-1309 (C) THAT MEETS THE SAFETY AND TRAINING REQUIREMENTS
DESCRIBED IN SUBSECTION
(4.5)(c)(II) OF THIS SECTION;
(D) U
NDER A MEMORANDUM OF UNDERSTANDING OR OTHER
AGREEMENT WITH THE GOVERNMENTAL ENTITY
; AND
(E) THAT IS OPERATED IN COMPLIANCE WITH THE FEDERAL AVIATION
ADMINISTRATION
'S 2018 ADVISORY CIRCULAR AC 00-1.1B, APPENDIX A,
"P
UBLIC AIRCRAFT OPERATIONS - MANNED AND UNMANNED", AS MAY BE
UPDATED BY THE FEDERAL AVIATION ADMINISTRATION
;
(II) T
HE VOLUNTEER IS:
(A) A
PILOT WHO SATISFIES, OR EMPLOYS OR CONTRACTS WITH ONE
OR MORE PILOTS WHO SATISFY
, THE REQUIREMENTS SPECIFIED IN
SUBSECTION
(4.5)(c)(I) OF THIS SECTION;
(B) I
N COMPLIANCE WITH ALL REQUIREMENTS OF THE FEDERAL
AVIATION ADMINISTRATION FOR RECENT FLIGHT EXPERIENCE
; AND
(C) NOT COMPENSATED BY THE GOVERNMENTAL ENTITY FOR
ASSISTING IN A SEARCH AND RESCUE OPERATION
, OTHER THAN
REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED
; AND
(III) THE DAMAGE OR INJURY WAS NOT CAUSED BY WILLFUL OR
CRIMINAL MISCONDUCT
, GROSS NEGLIGENCE, OR A CONSCIOUS, FLAGRANT
INDIFFERENCE TO THE RIGHTS OR SAFETY OF ANY INDIVIDUALS HARMED BY
THE VOLUNTEER
.
(c) (I) A
VOLUNTEER THAT OPERATES A HELICOPTER AS PART OF
SEARCH AND RESCUE OPERATIONS IN ACCORDANCE WITH THIS SUBSECTION
(4.5) MUST:
(A) H
AVE EXPERIENCE IN MOUNTAINOUS LANDINGS , HIGH ALTITUDE
OPERATIONS
, CONFINED AREA LANDINGS, AND SNOW OPERATIONS;
(B) P
OSSESS A COMMERCIAL PILOT LICENSE AND INSTRUMENT
RATING
;
(C) H
AVE A MINIMUM OF ONE THOUSAND FIVE HUNDRED HOURS OF
PAGE 4-HOUSE BILL 24-1309 TOTAL FLIGHT TIME, INCLUDING AT LEAST FIVE HUNDRED HOURS OF
MOUNTAINOUS HELICOPTER TIME AND AT LEAST ONE HUNDRED HOURS OF
FLIGHT TIME IN THE TYPE OF HELICOPTER USED IN THE SEARCH AND RESCUE
OPERATION
; AND
(D) BE CERTIFIED, WITHIN THE PREVIOUS TWELVE MONTHS , BY THE
HELICOPTER MANUFACTURER
'S INSTRUCTOR, A COMPANY CHECK PILOT, OR
A FEDERAL AVIATION ASSOCIATION
-CERTIFIED AND -RATED FLIGHT
INSTRUCTOR TO OPERATE THE HELICOPTER USED IN THE SEARCH AND RESCUE
OPERATION
.
(II) T
HE OWNER OR OPERATOR OF A HELICOPTER USED IN SEARCH
AND RESCUE OPERATIONS MUST ENSURE THAT THE HELICOPTER MEETS THE
FOLLOWING SAFETY AND TRAINING REQUIREMENTS
:
(A) T
HE HELICOPTER IS CAPABLE OF OPERATION AT THE ALTITUDE ,
IN THE TERRAIN, AND IN THE WEATHER CONDITIONS NECESSARY FOR THE
RESCUE OR THE SEARCH AND RESCUE OPERATION
;
(B) T
HE HELICOPTER HAS BEEN USED AS PART OF A TRAINING
PROGRAM WITH THE RESCUE UNIT OR BACKCOUNTRY SEARCH AND RESCUE
TEAM WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING USE OF THE
HELICOPTER IN A SEARCH AND RESCUE OPERATION
;
(C) T
HE HELICOPTER IS OPERATED UNDER A SAFETY MANAGEMENT
SYSTEM THAT HAS BEEN APPROVED BY AN INDEPENDENT THIRD PARTY
; AND
(D) THE HELICOPTER IS MAINTAINED IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE FEDERAL AVIATION ADMINISTRATION
FOR THE MAINTENANCE AND ALTERATION OF AIRCRAFT PURSUANT TO
14
CFR
91.401 TO 91.499, AS AMENDED.
SECTION 3. In Colorado Revised Statutes, add 24-33.5-120 as
follows:
24-33.5-120. Airspace deconfliction working group - search and
rescue - repeal. (1) T
HERE IS CREATED IN THE DEPARTMENT THE AIRSPACE
DECONFLICTION WORKING GROUP
, REFERRED TO IN THIS SECTION AS THE
"WORKING GROUP".
PAGE 5-HOUSE BILL 24-1309 (2) ON OR BEFORE AUGUST 1, 2024, THE EXECUTIVE DIRECTOR
SHALL APPOINT THE FOLLOWING MEMBERS TO THE WORKING GROUP
:
(a) T
WO MEMBERS FROM THE DEPARTMENT ;
(b) I
N COORDINATION WITH A REPRESENTATIVE FROM THE COUNTY
SHERIFFS OF
COLORADO, TWO COUNTY SHERIFFS WITH EXPERIENCE IN
CONDUCTING SEARCH AND RESCUE OPERATIONS
; AND
(c) IN COORDINATION WITH THE ADJUTANT GENERAL OF THE
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
, CREATED IN SECTION
24-1-127, TWO MEMBERS OF THE DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS
.
(3) (a) T
HE EXECUTIVE DIRECTOR SHALL CALL THE FIRST MEETING OF
THE WORKING GROUP
.
(b) T
HE WORKING GROUP SHALL MEET AS NECESSARY TO ESTABLISH
AIRSPACE DECONFLICTION GUIDELINES IN ACCORDANCE WITH SUBSECTION
(4) OF THIS SECTION.
(4) (a) O
N OR BEFORE JANUARY 1, 2025, THE WORKING GROUP SHALL
ESTABLISH AIRSPACE DECONFLICTION GUIDELINES RELATED TO SEARCH AND
RESCUE OPERATIONS
.
(b) T
HE WORKING GROUP SHALL ENSURE THAT THE AIRSPACE
DECONFLICTION GUIDELINES ARE APPLICABLE TO ALL PARTIES INVOLVED IN
AERIAL SEARCH AND RESCUE OPERATIONS
.
(5) T
HE DEPARTMENT SHALL SEND NOTICE TO ALL RELEVANT
ENTITIES
, AS DETERMINED BY THE DEPARTMENT , THAT AIRSPACE
DECONFLICTION GUIDELINES HAVE BEEN ESTABLISHED AND PUBLISH THE
GUIDELINES ON THE DEPARTMENT
'S WEBSITE.
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2026.
SECTION 4. In Colorado Revised Statutes, 24-33.5-707, amend
(10)(b); and add (10)(c) as follows:
24-33.5-707. Local and interjurisdictional emergency
PAGE 6-HOUSE BILL 24-1309 management agencies and services. (10) The sheriff of each county shall:
(b) Make use of the search and rescue capability and resources
available within the county and request assistance from the office of
emergency management only when and if the sheriff determines such
additional assistance is required;
AND
(c) ESTABLISH A POLICY OR PROCEDURE FOR ADHERING TO THE
AIRSPACE DECONFLICTION GUIDELINES ESTABLISHED PURSUANT TO SECTION
24-33.5-120 WHEN THERE COULD BE MULTIPLE AIRCRAFT INVOLVED IN A
SEARCH AND RESCUE OPERATION WITHIN THE SHERIFF
'S JURISDICTION.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-HOUSE BILL 24-1309 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 24-1309