The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner's authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there. The peace officer must allow the person a reasonable opportunity to obtain evidence of his or her authority to be on the premises. A declarant: Agrees to indemnify a peace officer and his or her agency for acts and omissions made in reliance upon the declaration; and Is liable for actual damages, attorney fees, and costs for any false statements made in the declaration. If the declaration includes a statement that the property has been altered or damaged, or if the peace officer sees evidence of alteration or damage, the peace officer shall collect the personal information of the persons removed and provide it to the declarant. A person removed from the property pursuant to the bill who alters or damages the property is guilty of a class 1 misdemeanor. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill requires the private occupational school board (board), with the assistance of the private occupational school division within the department of higher education (division), to promulgate rules creating a sunrise review process. The sunrise review process applies to new educational credentials and new educational services, as defined in the bill, for which the board has not previously granted or denied a certificate of approval prior to a date set forth in the bill. The purpose of the sunrise review is to determine whether the new educational credentials or new educational services should be regulated by the board and division pursuant to the provisions of the 'Private Occupational Education Act of 1981' (Act). Until the sunrise review process is completed, the board and division shall not exercise the powers and duties under the Act with respect to the new educational credential or new educational service. The bill requires the board to receive, investigate, and evaluate information, including stakeholder input, to determine, in part, whether students or citizens will be harmed if the new educational credentials or new educational services are not subject to the provisions of the Act. The board shall submit a report that includes its findings and recommendations to participants in the process, as well as to the general assembly. Based on the recommendations in the report, the general assembly may enact legislation that requires the board and division to regulate the new educational credentials or new educational services under the Act. The bill permits the board to submit an amended sunrise review report to the general assembly if a change of circumstances occurs after the board's submission of the initial report to the general assembly. Nothing in the bill limits the board's or division's powers and duties under the Act with respect to educational credentials or educational services that are not subject to the sunrise review process. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under current law a records custodian may deny access to records of investigations conducted by or of intelligence information or security procedures of any sheriff, district attorney, or police department or any criminal justice investigatory files compiled for any other law enforcement purpose on the ground that disclosure would be contrary to the public interest. The bill states that prior to determining whether disclosure would be contrary to the public interest, the custodian shall perform an individualized analysis of each of the specific records requested by balancing: The privacy interests of the individual who may be impacted by a decision to allow inspection; The agency's interest in keeping confidential information confidential; The agency's interest in pursuing ongoing investigations without compromising them; The public purpose to be served in allowing inspection; and Other pertinent considerations relevant to the particular request. The bill further applies the following provisions to records regarding an internal investigation related to the on-duty or in-uniform conduct of a peace officer involving a member of the public: When the custodian is performing the balancing test described above, the custodian shall adhere to the following principles: There is a compelling public interest in public inspection of completed internal investigation files related to a peace officer's on-duty or in-uniform conduct involving a member of the public; public access to internal investigation files enhances the effectiveness of internal investigations, rather than impairing them; and transparency enhances public confidence in the agency. Peace officers do not have a reasonable expectation of privacy in on-duty or in-uniform conduct involving a member of the public. If, after performing the balancing test described above, the custodian makes a preliminary determination that the factors weigh against release, the custodian shall consider whether redaction of the records would satisfy the objective of disclosure while also addressing privacy concerns. The custodian shall redact sparingly in order to maximize the amount of information available to the public. If, after performing the required balancing test and considering redaction, the custodian determines that the factors weigh against release, the custodian may deny disclosure of the records or any portion thereof. If the custodian denies disclosure of the records, the custodian shall upon request provide a written explanation of the basis for the denial, including articulation of the custodian's balancing of the public and private interests. Any local policy, local rule, or ordinance that prohibits custodians from disclosing records of closed internal investigations related to on-duty or in-uniform conduct of a peace officer involving a member of the public is unenforceable; except that the custodian of an internal investigation may deny inspection if the inspection is prohibited by rules promulgated by the supreme court or by a court order and the custodian may deny inspection pursuant to application of the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Police Officers' and Firefighters' Pension Reform Commission. Every member of the fire and police pension association (FPPA), at the commencement of employment, is required to complete a health history on a statewide standard health history form (form). The purpose of the form is to notify FPPA of a member's health history as it exists at the commencement of employment. The employer of a member can be liable for the total payment of disability and survivor benefits that may be awarded to the member if, in addition to other factors, the employer did not file the form with the FPPA. The bill clarifies several aspects of the form. Specifically, the bill: Specifies that all newly hired members are required to fill out the form; Clarifies that the employer must require newly hired members to complete and file the form; Authorizes the board of directors of the FPPA to adopt an electronic format for the completion and filing of the form; and Specifies that any member who omits or conceals, rather than fraudulently conceals, a material fact concerning his or her health history on the form may be disqualified from receiving disability or survivor benefits.(Note: This summary applies to this bill as introduced.) , Read More
On and after January 1, 2019, the bill authorizes security personnel at the state capitol building, including the Colorado state patrol (CSP), to allow any member of the public who holds a capitol identification card (card) to enter the capitol building, the state services building, or the legislative services building without submitting to a search of his or her person or property by security personnel, electronic weapons screening devices, or other means. The secretary of the senate (secretary) or the chief clerk of the house of representatives (chief clerk) may issue a card to any member of the public who applies for the same, pays a fee, and completes a fingerprint-based criminal history record check. Each card is issued for a 2-year period. The bill sets the initial amount of the fee at $100. The amount of the fee must be set at a level that includes the actual costs incurred by the Colorado bureau of investigation (CBI) in completing the fingerprint-based criminal history record check. The legislative council of the general assembly may adjust the amount of the fee not to exceed $500 for any 2-year period for which the card is issued. As part of the application submitted by an individual for a card, the individual is required to have his or her fingerprints taken by a local law enforcement agency or any third party approved by the CBI for the purpose of obtaining a fingerprint-based criminal history record check. The costs of completing the check are paid by the applicant. The bill specifies how the record check is completed. The bill requires the CBI to forward the results of the criminal history record check to the secretary and the chief clerk. The issuance of a card is conditional upon a satisfactory criminal history record check that demonstrates the applicant has not been convicted of a felony. An applicant who fails his or her criminal history record check is not entitled to a refund of any money the applicant has paid to complete the record check. The card must list the name of the card holder and show a photograph of the card holder's face. The record check must be conducted each year for which a card has been issued. The applicant is responsible for payment covering the costs of the record check for each year in which the record check is conducted. A card expires on the second anniversary of its date of issuance unless it has been renewed. The bill specifies procedures by which the card may be renewed and imposes additional restrictions governing issuance, use, and cancellation of the card. All fees collected from issuance of the card are credited to the capitol identification card account, which is created within the existing legislative department cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under current law, the department of education may issue a professional teacher license or professional special services license to a teacher or special services provider who holds a comparable license from another state and has 3 years of continuous teaching or special services experience. The bill changes the requirement from 3 years of continuous experience to 3 years of experience within the previous 7 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill is a referred measure to be voted upon at the election on November 6, 2018. It is known as the 'Colorado Politician Accountability Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests. The bill creates a civil remedy against the state or a political subdivision of the state (jurisdiction) and against its elected officials for creating sanctuary policies. The bill also creates a crime of rendering assistance to an illegal alien that can be brought against an elected official for creating a sanctuary jurisdiction. An elected official is responsible for the creation of a sanctuary jurisdiction if the elected official votes in favor of imposing or creating a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction; fails to take steps to try to change a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction; or is a county sheriff who imposes or enforces a policy that allows the jurisdiction to operate as a sanctuary jurisdiction in a county in which the elected officials have not voted to impose or create a sanctuary jurisdiction. The bill allows any person who claims that he or she is a victim of any crime committed by an illegal alien who established residency in a sanctuary jurisdiction to file a civil action for compensatory damages against a jurisdiction and against the elected officials of the jurisdiction who were responsible for creating the policy to operate as a sanctuary jurisdiction. Notwithstanding the protections of the 'Colorado Governmental Immunity Act', the jurisdiction and its officials who are responsible for creating a sanctuary jurisdiction are civilly liable for damages if the person who engaged in the criminal activity: Is determined to be an illegal alien; Had established residency in the sanctuary jurisdiction; and Is convicted of the crime that is a proximate cause of the injury to a person or property. The maximum amount of compensatory damages for injury to persons is $700,000 per person or $1,980,000 for injury to 2 or more persons; except that no person may recover in excess of $700,000. The maximum amount of compensatory damages for injury to property is set at $350,000 per person or $990,000 for injury to multiple persons; except that no person may recover in excess of $350,000. The bill defines a 'sanctuary jurisdiction' as a jurisdiction that adopts a law, ordinance, or policy on or after the effective date of the bill that prohibits or in any way restricts an official or employee of the jurisdiction from: Cooperating and complying with federal immigration officials or enforcing federal immigration law; Sending to or receiving from or requesting from federal immigration officials information regarding the citizenship or immigration status, lawful or unlawful, of an individual; Maintaining or exchanging information about an individual's immigration status, lawful or unlawful, with other federal agencies, state agencies, or municipalities; Inquiring about an individual's name, date and place of birth, and immigration status while enforcing or conducting an official investigation into a violation of any law of this state; Continuing to detain an individual, regardless of the individual's ability to be released on bail, who has been identified as an illegal alien while in custody for violating any state law; or Verifying the lawful presence and eligibility of a person applying for a state or local public benefit as required by state and federal law. The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law. The governing body of any jurisdiction is prohibited from adopting a law, ordinance, rule, policy, or plan or taking any action that limits or prohibits an elected official, employee, or law enforcement officer from communicating or cooperating with an appropriate public official, employee, or law enforcement officer of the federal government concerning the immigration status of an individual residing in the state. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. The governing body of any jurisdiction in this state is required to annually submit a written report to the department of public safety (department) that the jurisdiction is in compliance with the cooperation and communication requirements. If the department does not receive those written reports, the department is required to provide the name of that jurisdiction to the state controller. A law enforcement officer of a jurisdiction who has reasonable cause to believe that an individual under arrest is not lawfully present in the United States shall immediately report the individual to the appropriate U.S. immigration and customs enforcement office (ICE) within the department of homeland security. The governing body of any jurisdiction is required to report annually to the department on the number of individuals who were reported to ICE by law enforcement officers from that jurisdiction. The department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. The state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with these reporting requirements. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance. The bill creates the crime of rendering assistance to an illegal alien through a sanctuary jurisdiction, which is a class 4 felony. A person who is an elected official of a jurisdiction commits rendering assistance to an illegal alien through a sanctuary jurisdiction if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of illegal aliens within the jurisdiction: He or she was responsible for creating a sanctuary jurisdiction in the jurisdiction to which the official is elected; and When, as a result of the protection afforded by a sanctuary jurisdiction, a third person engages in criminal activity and the third person: Is an illegal alien as legally defined by federal immigration law; Had established residency in the sanctuary jurisdiction that was created by the official; and Has been convicted of a crime that caused injury to a person or to property. A person who has knowledge of a crime committed by an illegal alien as a result of the creation of a sanctuary jurisdiction may file an affidavit with the attorney general or with a district attorney outlining the crime and requesting that charges be brought or that a grand jury be impaneled. The attorney general or district attorney shall investigate and respond in writing with his or her decision to the person filing the affidavit within 49 days. If the attorney general or district attorney declines to bring charges or impanel a grand jury, the person may file a second affidavit directly with the applicable court. The bill includes a severability clause and a provision that states that the bill is not subject to judicial review. If approved by the voters, the bill takes effect on the date of the proclamation by the governor and applies to acts or omissions occurring and offenses committed on or after said date. (Note: This summary applies to this bill as introduced.) , Read More
Section 1 of the bill authorizes a consumer to require a consumer reporting agency to obtain the consumer's consent: Before furnishing a consumer report concerning the consumer to a third party, except where the consumer reporting agency furnishes the consumer report in response to a court order; or To sell, provide a copy of, or otherwise furnish to a third party any information in the file that the consumer reporting agency has on the consumer. The consumer reporting agency must provide notice to the consumer of the consumer's right to require such consent. Section 2 requires a consumer reporting agency to develop procedures by which a consumer, whose consumer or personal information has been hacked, altered, or otherwise compromised as a result of a security breach that occurred on or after January 1, 2017, at the consumer reporting agency, may request that the consumer reporting agency, free of charge: Turn over to the consumer the consumer's file and any consumer reports that the consumer reporting agency has developed in relation to the consumer; Purge from its physical and electronic records any information in the consumer's file and any consumer reports developed in connection with the consumer; and No longer record and retain any information related to the consumer. Section 2 further provides that the procedures a consumer reporting agency develops would not apply to publicly available information in a consumer's file and may include procedures for handling third-party requests for credit scoring, creditworthiness, or other information related to the consumer. (Note: This summary applies to this bill as introduced.) , Read More
Current law establishes and requires an annual adjustment of the minimum wage for certain employees. The bill allows an applicant for employment or an employee to negotiate a different wage that is agreeable to the employer and the applicant or employee. The bill requires employers to post a notice of the right to negotiate wages. (Note: This summary applies to this bill as introduced.) , Read More