First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0089.01 Jason Gelender       HOUSE BILL 05-1004
                    HOUSE SPONSORSHIP
 Stafford,  Borodkin, Larson, McFadyen, Merrifield, Pommer, Ragsdale, and Welker
 
                   SENATE SPONSORSHIP
 Isgar,  May R., and Williams
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning an extension of the exemption from civil
            liability to the employer of a commercial vehicle
            operator who renders good faith emergency care or
            emergency assistance.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Transportation Legislation Review Committee.  Exempts an
       employer from civil liability for acts or omissions made by an employee
       while rendering emergency care or emergency assistance if the employee:
                Operates a commercial motor vehicle for the employer;
                Renders the emergency care or emergency assistance in the
                 course of his or her employment; and
                Is personally exempted by current law from liability for
                 civil damages for the acts or omissions.
       
       
       
       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.  (5)  An employer shall not be liable for any
       civil damages for acts or omissions made by an employee while
       rendering emergency care or emergency assistance if the
       employee:
            (a)  Operates a commercial motor vehicle, as defined in
       section 42-2-402 (4), C.R.S., for the employer;
            (b)  Renders the emergency care or emergency assistance
       in the course of his or her employment for the employer; and
            (c)  Is personally exempt from liability for civil damages
       for the acts or omissions under subsection (1) of this section.
            SECTION 2.  Applicability.  This act shall apply to causes of
       action arising on or after the effective date of this act.
            SECTION 3.  Effective date.  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 10, 2005, if adjournment sine die is on May 11,
       2005); 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.