NOTE: The governor signed this measure on 3/21/2014.
      
      
      SENATE BILL 14-097
      
      
      BY SENATOR(S) Tochtrop, Aguilar, Guzman, Heath, Jones, Kefalas,
      King, Lambert, Newell, Roberts, Schwartz, Todd;
      also REPRESENTATIVE(S) Hamner, Conti, Ginal, Hullinghorst, Labuda,
      Lee, Mitsch Bush, Rosenthal, Schafer, Young.
      
      
      Concerning the immunity of public agencies against liability
           arising from the wildfire mitigation activities of insurance
           companies.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-33.5-1505, amend
      (1) and (1.5) as follows:
      
           24-33.5-1505.  Immunity. (1)  Except for willful and wanton
      acts or omissions, no state commission or agency or county or municipal
      agency, including local emergency planning committees, citizen corps
      councils, fire protection districts, and volunteer fire, ambulance, or
      emergency service and rescue groups, nor their officers, officials, directors,
      employees, or volunteers, when engaged in emergency planning, service,
      or response activities regarding a hazardous material release, threat of
      release, or act of terrorism, shall be liable for:
      
           (a)  The death of or injury to any person or for the loss of or damage
      to property or the environment resulting from the hazardous material
      release, threat of release, or act of terrorism; except for willful and wanton
      acts or omissions. or
      
           (b)  The acts of an insurer or insurance company,
      corporation, association, or partnership, including any
      employees, contractors, or agents, engaged in activities intended
      to protect the insurable private property interests of the
      insurer's policyholders from harm, loss, damage, or destruction.
      
           (1.5) (a)  No private organization or any of its officers, officials,
      directors, employees, or volunteers, when working under the direction of
      a local emergency planning committee or state or local fire or law
      enforcement agency and when engaged in emergency planning, training,
      or response activities regarding a hazardous material release, threat of
      release, or act of terrorism, shall be liable for the death of or injury to any
      person or for the loss of or damage to property or the environment resulting
      from the hazardous material release, threat of release, or act of terrorism,
      except for willful and wanton acts or omissions.
      
           (b)  An insurer, insurance company, corporation,
      association, or partnership, including any employees,
      contractors, or agents, engaged in activities intended to protect
      the insurable private property interests of the insurer's
      policyholders from harm, loss, damage, or destruction does not
      constitute a private organization entitled to immunity from
      liability under the provisions of this section, and an employee,
      contractor, or agent of the insurer is not a volunteer as that
      term is defined or construed in accordance with the provisions of
      the "Colorado Governmental Immunity Act", article 10 of this
      title, regardless of whether such activities may be subject to the
      direction of a local emergency planning committee or a state or
      local fire or law enforcement agency.
      
           SECTION 2.  In Colorado Revised Statutes, add 10-4-121 as
      follows:
      
           10-4-121.  Authority of insurer to protect policyholders'
      property - emergency. Notwithstanding any other provision of
      law, an insurer may provide services protecting the property of
      its policyholders in the event of an emergency.
      
           SECTION 3.  Effective date. This act takes effect July 1, 2014.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO