A Bill for an Act
Page 1, Line 101Concerning limited immunity from civil liability for
Page 1, Line 102landowners who allow access to their property for
Page 1, Line 103entry and exit in connection with an emergency.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Wildfire Matters Review Committee. The bill provides immunity from civil liability for damage or injury to persons or property, other than that which arises from gross negligence or willful misconduct, to a landowner who allows access to the landowner's property for entry and exit in connection with an emergency.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 13-21-108.9 as
Page 2, Line 3follows:
Page 2, Line 413-21-108.9. Landowner allowing access to property during
Page 2, Line 5emergency - limited immunity - definitions. (1) As used in this
Page 2, Line 6section, unless the context otherwise requires:
Page 2, Line 7(a) "Emergency" means:
Page 2, Line 8(I) A fire, rescue call, or hazardous materials incident;
Page 2, Line 9(II) A natural or human-caused disaster such as an
Page 2, Line 10earthquake, wildfire, flood, or severe weather event; or
Page 2, Line 11(III) An incident reasonably determined to be an
Page 2, Line 12emergency by a first responder.
Page 2, Line 13(b) "First responder" means:
Page 2, Line 14(I) A peace officer, as described in section 16-2.5-101;
Page 2, Line 15(II) A firefighter, as defined in section 29-5-203 (10);
Page 2, Line 16(III) A volunteer firefighter, as defined in section
Page 2, Line 1731-30-1102 (9)(a);
Page 2, Line 18(IV) An emergency medical service provider, as defined in
Page 2, Line 19section 25-3.5-103 (8); or
Page 2, Line 20(V) Any other individual who responds in a professional
Page 2, Line 21capacity to an incident that threatens public safety.
Page 2, Line 22(c) "Landowner" has the same meaning set forth in section
Page 2, Line 2313-21-115 (7)(b).
Page 2, Line 24(2) (a) A landowner who, in good faith and without
Page 2, Line 25compensation, allows access to the landowner's property for
Page 2, Line 26entry and exit in connection with an emergency is immune from
Page 3, Line 1civil liability for damage or injury to persons or property as a
Page 3, Line 2result of allowing such access. This immunity does not apply to
Page 3, Line 3acts or omissions that are grossly negligent or willful and
Page 3, Line 4wanton.
Page 3, Line 5(b) The act of allowing access to a landowner's property
Page 3, Line 6for entry and exit in connection with an emergency is not a
Page 3, Line 7guarantee that the property is maintained or in a passable
Page 3, Line 8condition.
Page 3, Line 9(3) Nothing in this section:
Page 3, Line 10(a) Abrogates or limits the sovereign immunity granted to
Page 3, Line 11public entities pursuant to the "Colorado Governmental
Page 3, Line 12Immunity Act", article 10 of title 24;
Page 3, Line 13(b) Requires or imposes a duty on a landowner to maintain
Page 3, Line 14the landowner's property in a specific condition;
Page 3, Line 15(c) Authorizes trespass onto private property; or
Page 3, Line 16(d) Precludes a landowner from negotiating additional
Page 3, Line 17agreements governing access to the landowner's property.
Page 3, Line 18SECTION 2. Act subject to petition - effective date -
Page 3, Line 19applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 3, Line 20the expiration of the ninety-day period after final adjournment of the
Page 3, Line 21general assembly; except that, if a referendum petition is filed pursuant
Page 3, Line 22to section 1 (3) of article V of the state constitution against this act or an
Page 3, Line 23item, section, or part of this act within such period, then the act, item,
Page 3, Line 24section, or part will not take effect unless approved by the people at the
Page 3, Line 25general election to be held in November 2026 and, in such case, will take
Page 3, Line 26effect on the date of the official declaration of the vote thereon by the
Page 3, Line 27governor.
Page 4, Line 1(2) This act applies to access to property granted on or after the
Page 4, Line 2applicable effective date of this act.