NOTE: This bill has been prepared for the signature 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. HOUSE BILL 04-1038 BY REPRESENTATIVE(S) Berry, Borodkin, Boyd, Cadman, Carroll, Cloer, Coleman, Decker, Frangas, Hefley, Hodge, Jahn, Lee, Madden, McCluskey, McFadyen, McGihon, Merrifield, Miller, Paccione, Plant, Pommer, Ragsdale, Salazar, Spence, Stafford, Weddig, White, Wiens, and Williams S.; also SENATOR(S) Arnold, Anderson, Chlouber, Nichol, Taylor, and Teck. Concerning an exemption from civil liability for a volunteer at a crisis telephone hotline. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 13-21-108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 13-21-108. Persons rendering emergency assistance exempt from civil liability. (4) (a) Notwithstanding the fact that the person may be reimbursed for the person's costs or that the nonprofit organization may receive a grant or other funding, any person who, while acting as a volunteer for any nonprofit organization operating a telephone hotline, answers questions of or provides counseling to members of the public in crisis situations shall not be liable for any civil damages for acts or omissions made in good faith as a result of discussions or counseling provided on the hotline. (b) As used in this subsection (4), unless the context otherwise requires, "hotline" means a telephone line staffed by individuals who provide immediate assistance to callers in emergency or crisis situations. SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to causes of action arising on or after the applicable effective date of this act. ________________________________________________________ Lola Spradley John Andrews SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Judith Rodrigue Mona Heustis CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ Bill Owens GOVERNOR OF THE STATE OF COLORADO