2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › PARKS (§§ 33-10-101 — 33-15-114) › Article 11 - RECREATIONAL TRAILS (§§ 33-11-101 — 33-11-113) › Section 33-11-113 - Volunteer activities - qualified immunity - grant agreements for land stewardship activities - terms - insurance coverage - legislative declaration - scope of section

(1)
(a)
The general assembly declares that the purpose of this section is to provide additional protection, in accordance with
42 U.S.C. sec. 14502(a)
, to volunteers and nonprofit organizations providing land stewardship services under this article 11. In case of any conflict between this section and section
13-21-115.5
or
13-21-115.7
, or between this section and the federal "Volunteer Protection Act of 1997",
42 U.S.C. sec. 14501
et seq., this section controls.
(b)
This section does not apply to land stewardship activities occurring on state lands.
(2)
(a)
A volunteer performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her designated duties unless the damage or injury was caused by the volunteer's gross negligence or willful and wanton act or omission.
(b)
A volunteer serving as an officer, director, or trustee of a nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her official functions and duties as a director, officer, or trustee unless the damage or injury was caused by a willful and wanton act or omission of the director, officer, or trustee.
(c)
A nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury unless the damage or injury was caused by the nonprofit organization's willful and wanton act or omission.
(3)
Nothing in this section establishes, diminishes, or abrogates any duty that a director, officer, or trustee of a nonprofit organization has to the nonprofit organization for which the director, officer, or trustee serves.
(4)
Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not:
(a)
Differentiate between "construction" and "maintenance", or words of similar import, for liability purposes; or
(b)
Require the nonprofit organization or any volunteer to purchase or maintain what is or was, as of January 1, 2017, commonly known as completed operations liability coverage or the substantial equivalent of completed operations liability coverage, however designated.
(5)
(a)
(I)
The immunity granted by subsections (2)(a) and (2)(b) of this section does not extend to any act or omission by a volunteer while operating a vehicle unless the operation of the vehicle is an integral part of, and physically proximate to, a land stewardship activity and within the scope of the volunteer's designated duties in connection with that activity.
(II)
Notwithstanding subsection (2)(a) or (2)(b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during a land stewardship activity; except that the amount recovered from the volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle in such circumstances. Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
(b)
Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not require the nonprofit organization or any volunteer to purchase or maintain liability coverage for operation of a vehicle other than a complying policy of insurance as required by Colorado law, other than this article 11, for lawful operation of the vehicle in Colorado.
Added by 2017 Ch. 114,§2, eff. 8/9/2017.
L. 2017: Entire section added, (SB 17-100), ch. 114, p. 410, § 2, effective August 9.