Date: 03/05/2014

Final
BILL SUMMARY for SB14-138

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Refer Senate Bill 14-138 to the Committee of the WPASS



01:57 PM -- SB14-138

The committee recessed.


02:01 PM

The committee came back from recess.

Representative Sonnenberg and Representative Foote, sponsors, presented and summarized the reengrossed Senate Bill 14-138 concerning civil immunity for volunteers assisting at an emergency. Under current law, volunteer firefighters participating in firefighting efforts or providing emergency care, rescue, or assistance at the scene of an emergency, have limited immunity from potential civil damages. The bill extends the same limited immunity, granted to volunteer firefighters, to include other volunteers, as defined in the Volunteer Service Act. The immunity applies to all good faith efforts to respond to an emergency, and the exemption does not apply to grossly negligent or reckless acts or omissions. Representative Foote discussed the importance of making sure volunteers providing help after a natural disaster are protected from financial liability. Representative Sonnenberg distributed an article on a lawsuit against flood volunteers (Attachment B).

14HseLocal0305AttachB.pdf14HseLocal0305AttachB.pdf

Representative Foote answered questions from the committee regarding lawsuits against individuals in governments and non-profit recovery organizations.

Representative Sonnenberg answered questions from the committee on whether the provisions of the bill extend to an organization's intern.


02:12 PM

The committee members continued to discuss insurance coverage for interns.

02:17 PM -- Howard Paul, Emergency Medical Services Association of Colorado, spoke in favor of the bill. He said that current law should be changed to protect volunteer professionals from potential liability. He discussed the importance of local volunteers in recovery efforts.

02:20 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in favor of the bill.

02:20 PM -- Don Parcher, Boulder Flood Relief, was neutral on the bill. He discussed the use of volunteers to provide help to residences impacted by the flood. Mr. Parcher discussed the need to provide protection to organizations such as Boulder Flood Relief from financial liability and to not inhibit volunteer efforts during other natural disasters. Mr. Parcher answered questions from the committee regarding support of Boulder Flood Relief and the definition of volunteer.

02:29 PM -- Mike Keaty, Colorado Trial Lawyers Association, spoke in favor of the bill. He discussed current Colorado law for the protection of volunteers and non-profit organizations. Mr. Keaty answered questions from the committee regarding the prevention of volunteer services until emergency services are present. He discussed the exemption of civil liability for emergency services as discussed in Section 13-21-108, C.R.S.

Representative Foote provided closing comments on the bill.
BILL:SB14-138
TIME: 02:39:37 PM
MOVED:Singer
MOTION:Refer Senate Bill 14-138 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:Garcia
VOTE
Dore
Yes
Exum
Excused
Garcia
Yes
Gardner
Yes
Landgraf
Yes
Lebsock
Yes
Navarro
Yes
Rankin
Yes
Rosenthal
Yes
Vigil
Yes
Wright
Yes
Singer
Yes
Fields
Yes
FINAL YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:41 PM

The committee adjourned.