Bill Summary for Bill Number SB09-013

Date: 03/12/2009

Final
BILL SUMMARY for SB09-013

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.004 (Attachment E). Th Adopt prepared amendment L.005 (Attachment G). Th Adopt prepared amendment L.006 (Attachment F), whi Refer Senate Bill 09-013, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

05:06 PM -- Senate Bill 09-013

Representatives King and Levy, sponsors, presented Senate Bill 09-013 concerning the extension of civil immunity to persons engaged in emergency response activities. The bill recommended by the Interim Committee on Wildfire Issues in Wild Land-Urban Interface Areas, exempts fire departments or other entities that donate surplus firefighting equipment from civil and criminal liability resulting from the use of such equipment. The bill also exempts volunteer firefighters and their volunteer organizations from civil liability resulting from any action taken or not taken during firefighting efforts or other emergency services. In addition, the bill provides that no state, county, or municipal agency that is engaged in emergency or disaster planning, training, or response activities is liable for the death of or injury to any person or loss of or damage to property, except in cases of willful or wanton acts or omissions.

05:10 PM -- Paul Cooke, Colorado State Fire Chiefs Association, spoke in support of the bill. Mr. Cooke discussed the donation of fire safety equipment among fire departments around the state. Larger fire departments may have better resources to upgrade equipment than smaller departments. The larger departments are interested in donating older equipment, but have liability concerns. Mr. Cooke talked about the problems with recruitment and retention of volunteer firefighters. He discussed prepared amendment L.004 (Attachment E) and prepared amendment L.006 (Attachment F).

05:17 PM -- Jeff Berino, Lake Dillon Fire Department, spoke in support of the bill. Deputy Chief Berino discussed his experience as the leader of a regional incident management team and indicated that these teams need civil liability in order to be able to be fully effective. The teams are neighbors helping neighbors through disaster situations. Incidents can be escalated due to overcautious behavior resulting from fear of civil liability. Deputy Chief Berino discussed problems with the donation of fire safety equipment and the value in being able to safely donate such equipment.

05:24 PM -- John Singer, State Firefighters Association, spoke in support of the bill.

05:24 PM -- Tim Gablehouse, Colorado Emergency Planning Association, spoke in support of the bill. Mr. Gablehouse addressed prepared amendment L.005 (Attachment G) with regard to the planning and training of emergency response personnel. The amendment replaces language that was removed by the Senate.

05:26 PM -- Kevin Bommer, Colorado Municipal League, spoke in support of the bill. Mr. Bommer spoke to the portion of the bill addressing incident management commanders.


BILL:	SB09-013
TIME:	05:28:27 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-013
TIME:	05:29:52 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.006 (Attachment F), which amends L.004. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-013
TIME:	05:30:28 PM
MOVED:	King
MOTION:	Adopt prepared amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:31 PM

Representative King wrapped up the presentation and asked for a favorable recommendation.


BILL:	SB09-013
TIME:	05:31:29 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 09-013, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	King
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS