Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0359.01 Nicole Myers x4326
SENATE BILL 22-133
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING THE PROVISION OF SECURITY BY THE COLORADO STATE101
PATROL FOR CERTAIN ELECTED OFFICIALS .102
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
.)
Current law requires the Colorado state patrol to provide
protection for members of the general assembly when they are present in
the state capitol buildings group and to respond to complaints relating to
criminal activity or security threats against a member of the general
assembly. Current law also authorizes the Colorado state patrol to provide
additional protection and security services to a member of the general
SENATE SPONSORSHIP
Winter and Priola,
HOUSE SPONSORSHIP
Esgar,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. assembly in certain circumstances as requested by legislative leadership.
After considering several factors, the Colorado state patrol determines
whether the protection and security services are needed.
The bill requires the executive committee of the legislative council
(executive committee) to establish a process that allows a member of the
general assembly to appeal to the executive committee if the member
requests protection and security services from the Colorado state patrol
and the Colorado state patrol determines that the services are not needed.
The bill requires the executive committee to review the reasons for the
request for protection and security services and the reasons for the
Colorado state patrol's determination that the services are not needed.
If the executive committee determines that the protection and
security services requested by the member of the general assembly are
needed, the executive committee is required to coordinate with the
Colorado state patrol to provide the protection and security services
requested by the member of the general assembly. The executive
committee is required to reimburse the Colorado state patrol for any costs
incurred by the Colorado state patrol in providing protection and security
services to a member of the general assembly when the Colorado state
patrol or the executive committee determines that the protection and
security services are needed. The executive committee is required to
authorize the reimbursement from the legislative department cash fund.
In addition, the bill specifies that the Colorado state patrol is
required to provide the same protection and security services to the
secretary of state, attorney general, and state treasurer (statewide
constitutional officers) when they are present in the state capitol buildings
group as it provides to members of the general assembly and that
statewide constitutional officers may also request that the Colorado state
patrol provide additional protection and security services to a statewide
constitutional officer upon request of the officer.
The bill establishes an appeal process for statewide constitutional
officers that is similar to the process for members of the general
assembly; except that the bill requires the executive director of the
department of public safety (director) to establish a process that allows a
statewide constitutional officer to appeal to the director. If the director
determines that the protection and security services requested by the
statewide constitutional officer are needed, the director is required to
coordinate with the Colorado state patrol to provide the services and the
Colorado state patrol bears the cost of providing the services.
If the director determines that the protection and security services
requested by a statewide constitutional officer are not needed but the
statewide constitutional officer requests that the Colorado state patrol still
provide the services, the statewide constitutional officer is required to
reimburse the Colorado state patrol for the cost of providing the
protection and security services.
SB22-133
-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-33.5-216.5,2
amend (1) and (3); and add (4) and (5) as follows:3
24-33.5-216.5. Patrol services furnished to the general4
assembly - definition. (1) The Colorado state patrol shall provide5
protection for the members of the general assembly when they are present6
in the state capitol buildings group and shall respond to all complaints7
relating to criminal activity
AGAINST or security threats against
OR RISKS8
TO a member of the general assembly. For purposes of AS USED IN this9
subsection (1), "state capitol buildings group" shall have HAS the same10
meaning as set forth in section 24-82-105 (1)(a).11
(3) (a) In addition to the requirements of subsections (1) and (2)12
of this section, the C
OLORADO state patrol may render other protection13
and security services as may be requested by the president of the senate,14
the minority leader of the senate, the speaker of the house of15
representatives, or the minority leader of the house of representatives
ON16
BEHALF OF ANY MEMBER OF THE GENERAL ASSEMBLY .17
(b) The C
OLORADO state patrol may provide protection and18
security services as described in paragraph (a) of this subsection (3)
19
SUBSECTION (3)(a) OF THIS SECTION for any function held in Colorado at20
which a member of the general assembly is in attendance in an official21
capacity with appropriate coordination with local law enforcement.22
Factors to be considered when determining the need for providing these23
services include, but are not limited to, the location of the function, the24
estimated level of threat
OR RISK associated with the function, and staffing25
requirements. I
F, AFTER CONSIDERING THE FACTORS SPECIFIED IN THIS26
SB22-133-3- SUBSECTION (3)(b), THE COLORADO STATE PATROL D ETERMINES THAT1
THERE IS NOT A NEED FOR THE PROTECTION AND SECURITY SERVICES2
REQUESTED, THE MEMBER OF THE GENERAL ASSEMBLY ON WHOSE BEHALF3
THE SERVICES WERE REQUESTED MAY APPEAL TO THE EXECUTIVE4
COMMITTEE OF THE LEGISLATIVE COUNCIL PURSUANT TO SUBSECTION (4)5
OF THIS SECTION.6
(4) (a) T
HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL7
SHALL ESTABLISH A PROCESS BY WHICH A MEMBER OF THE GENERAL8
ASSEMBLY WHO REQUESTS PROTECTION AND SECURITY SERVICES9
PURSUANT TO SUBSECTION (3) OF THIS SECTION MAY APPEAL TO THE10
EXECUTIVE COMMITTEE IF THE COLORADO STATE PATROL DETERMINES11
THAT THERE IS NOT A NEED FOR THE REQUESTED PROTECTION AND12
SECURITY SERVICES. AS PART OF THE APPEALS PROCESS ESTABLISHED13
PURSUANT TO THIS SUBSECTION (4), THE EXECUTIVE COMMITTEE SHALL14
REVIEW THE REASONS THE MEMBER OF THE GENERAL ASSEMBLY15
REQUESTED PROTECTION AND SECURITY SERVICES AND THE REASONS THE16
C
OLORADO STATE PATROL DETERMINED THAT THE PROTECTION AND17
SECURITY SERVICES ARE NOT NEEDED. THE EXECUTIVE COMMITTEE SHALL18
REVIEW AN APPEAL IN A TIMELY MANNER WHEN THE MEMBER OF THE19
GENERAL ASSEMBLY'S REQUEST FOR PROTECTION AND SECURITY SERVICES20
IS TIME-SENSITIVE.21
(b) I
F, AFTER REVIEWING THE INFORMATION SPECIFIED IN22
SUBSECTION (4)(a) OF THIS SECTION, THE EXECUTIVE COMMITTEE OF THE23
LEGISLATIVE COUNCIL DETERMINES THAT THE PROTECTION AND SECURITY24
SERVICES REQUESTED BY THE MEMBER OF THE GENERAL ASSEMBLY ARE25
NEEDED, THE EXECUTIVE COMMITTEE SHALL COORDINATE WITH THE26
C
OLORADO STATE PATROL TO PROVIDE THE REQUESTED PROTECTION AND27
SB22-133
-4- SECURITY SERVICES.1
(c) T
HE COLORADO STATE PATROL AND ANY MEMBER OF THE2
GENERAL ASSEMBLY WHO APPEALS PURSUANT TO THIS SUBSECTION (4)3
SHALL PROVIDE ANY INFORMATION REQUESTED BY THE EXECUTIVE4
COMMITTEE OF THE LEGISLATIVE C OUNCIL TO ASSIST THE EXECUTIVE5
COMMITTEE IN ITS REVIEW OF THE REQUEST FOR PROTECTION AND6
SECURITY SERVICES PURSUANT TO THIS SUBSECTION (4).7
(5) T
HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL8
SHALL REIMBURSE THE COLORADO STATE PATROL FOR ANY COSTS9
INCURRED BY THE COLORADO STATE PATROL IN PROVIDING PROTECTION10
AND SECURITY SERVICES TO A MEMBER OF THE GENERAL ASSEMBLY11
PURSUANT TO SUBSECTIONS (3) AND (4) OF THIS SECTION. THE EXECUTIVE12
COMMITTEE SHALL AUTHORIZE THE REIMBURSEMENT FROM THE13
LEGISLATIVE DEPARTMENT CASH FUND .14
SECTION 2. In Colorado Revised Statutes, add 24-33.5-216.715
as follows:16
24-33.5-216.7. Patrol services furnished to statewide17
constitutional officers - definitions. (1) A
S USED IN THIS SECTION,18
UNLESS THE CONTEXT OTHERWISE REQUIRES :19
(a) "S
TATE CAPITOL BUILDINGS GROUP" HAS THE SAME MEANING20
AS SET FORTH IN SECTION 24-82-105 (1)(a).21
(b) "S
TATEWIDE CONSTITUTIONAL OFFICER " MEANS THE22
SECRETARY OF STATE , THE ATTORNEY GENERAL , AND THE STATE23
TREASURER.24
(2) T
HE COLORADO STATE PATROL SHALL PROVIDE PROTECTION25
FOR A STATEWIDE CONSTITUTIONAL OFFICER WHEN THE STATEWIDE26
CONSTITUTIONAL OFFICER IS PRESENT IN THE STATE CAPITOL BUILDINGS27
SB22-133
-5- GROUP AND SHALL RESPOND TO ALL COMPLAINTS RELATING TO CRIMINAL1
ACTIVITY AGAINST OR SECURITY THREATS OR RISKS TO A STATEWIDE2
CONSTITUTIONAL OFFICER.3
(3) (a) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (2) OF4
THIS SECTION, THE COLORADO STATE PATROL MAY RENDER OTHER5
PROTECTION AND SECURITY SERVICES AS MAY BE REQUESTED BY A6
STATEWIDE CONSTITUTIONAL OFFICER .7
(b) T
HE COLORADO STATE PATROL MAY PROVIDE PROTECTION AND8
SECURITY SERVICES AS DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION9
FOR ANY FUNCTION HELD IN COLORADO AT WHICH A STATEWIDE10
CONSTITUTIONAL OFFICER IS IN ATTENDANCE IN AN OFFICIAL CAPACITY11
WITH APPROPRIATE COORDINATION WITH LOCAL LAW ENFORCEMENT .12
F
ACTORS TO BE CONSIDERED WHEN DETERMINING THE NEED FOR13
PROVIDING THESE SERVICES INCLUDE , BUT ARE NOT LIMITED TO, THE14
LOCATION OF THE FUNCTION, THE ESTIMATED LEVEL OF THREAT OR RISK15
ASSOCIATED WITH THE FUNCTION , AND STAFFING REQUIREMENTS . IF,16
AFTER CONSIDERING THE FACTORS SPECIFIED IN THIS SUBSECTION (3)(b),17
THE COLORADO STATE PATROL DETERMINES THAT THERE IS NOT A NEED18
FOR THE REQUESTED PROTECTION AND SECURITY SERVICES , THE19
STATEWIDE CONSTITUTIONAL OFFICER WHO MADE THE REQUEST MAY20
APPEAL TO THE EXECUTIVE DIRECTOR PURSUANT TO SUBSECTION (4) OF21
THIS SECTION.22
(4) (a) T
HE EXECUTIVE DIRECTOR SHALL ESTABLISH A PROCESS BY23
WHICH A STATEWIDE CONSTITUTIONAL OFFICER MAY APPEAL TO THE24
EXECUTIVE DIRECTOR IF THE STATEWIDE CONSTITUTIONAL OFFICER25
REQUESTS PROTECTION AND SECURITY SERVICES PURSUANT TO26
SUBSECTION (3) OF THIS SECTION AND THE COLORADO STATE PATROL27
SB22-133
-6- DETERMINES THAT THERE IS NOT A NEED FOR THE REQUESTED PROTECTION1
AND SECURITY SERVICES. AS PART OF THE APPEALS PROCESS ESTABLISHED2
PURSUANT TO THIS SUBSECTION (4), THE EXECUTIVE DIRECTOR SHALL3
REVIEW THE REASONS THE STATEWIDE CONSTITUTIONAL OFFICER4
REQUESTED PROTECTION AND SECURITY SERVICES AND THE REASONS THE5
C
OLORADO STATE PATROL DETERMINED THAT THE PROTECTION AND6
SECURITY SERVICES ARE NOT NEEDED . THE EXECUTIVE DIRECTOR SHALL7
REVIEW AN APPEAL IN A TIMELY MANNER WHEN THE REQUEST FOR8
PROTECTION AND SECURITY SERVICES IS TIME -SENSITIVE.9
(b) (I) I
F, AFTER REVIEWING THE INFORMATION SPECIFIED IN10
SUBSECTION (4)(a) OF THIS SECTION, THE EXECUTIVE DIRECTOR11
DETERMINES THAT THE PROTECTION AND SECURITY SERVICES REQUESTED12
BY THE STATEWIDE CONSTITUTIONAL OFFICER ARE NEEDED , THE13
EXECUTIVE DIRECTOR SHALL COORDINATE WITH THE COLORADO STATE14
PATROL TO PROVIDE THE PROTECTION AND SECURITY SERVICES15
REQUESTED.16
(II) I
F, AFTER REVIEWING THE INFORMATION SPECIFIED IN17
SUBSECTION (4)(a) OF THIS SECTION, THE EXECUTIVE DIRECTOR18
DETERMINES THAT THE PROTECTION AND SECURITY SERVICES REQUESTED19
BY THE STATEWIDE CONSTITUTIONAL OFFICER ARE NOT NEEDED , THE20
STATEWIDE CONSTITUTIONAL OFFICER MAY REQUEST THAT THE21
C
OLORADO STATE PATROL STILL PROVIDE THE PROTECTION AND SECURITY22
SERVICES. THE COLORADO STATE PATROL SHALL PROVIDE THE23
PROTECTION AND SECURITY SERVICES UPON SUCH REQUEST , SUBJECT TO24
THE PROVISIONS OF SUBSECTION (5)(b) OF THIS SECTION.25
(c) T
HE COLORADO STATE PATROL AND A STATEWIDE26
CONSTITUTIONAL OFFICER WHO REQUESTS AN APPEAL PURSUANT TO THIS27
SB22-133
-7- SUBSECTION (4) SHALL PROVIDE ANY INFORMATION REQUESTED BY THE1
EXECUTIVE DIRECTOR TO ASSIST THE EXECUTIVE DIRECTOR IN THE REVIEW2
OF THE REQUEST FOR PROTECTION AND SECURITY SERVICES PURSUANT TO3
THIS SUBSECTION (4).4
(5) (a)
THE COLORADO STATE PATROL SHALL BEAR THE COST OF5
PROVIDING THE PROTECTION AND SECURITY SERVICES TO A STATEWIDE6
CONSTITUTIONAL OFFICER PURSUANT TO SUBSECTION (3) OF THIS SECTION7
WHEN THE EXECUTIVE DIRECTOR D ETERMINES PURSUANT TO SUBSECTION8
(4)(b)(I)
OF THIS SECTION THAT PROTECTION AND SECURITY SERVICES9
REQUESTED BY A STATEWIDE CONSTITUTIONAL OFFICER ARE NEEDED .10
(b) I
F THE EXECUTIVE DIRECTOR DETERMINES THAT THE11
PROTECTION AND SECURITY SERVICES REQUESTED BY A STATEWIDE12
CONSTITUTIONAL OFFICER ARE NOT NEEDED BUT THE STATEWIDE13
CONSTITUTIONAL OFFICER REQUESTS THAT THE COLORADO STATE PATROL14
STILL PROVIDE THE PROTECTION AND SECURITY SERVICES PURSUANT TO15
SUBSECTION (4)(b)(II) OF THIS SECTION, THE STATEWIDE CONSTITUTIONAL16
OFFICER IS REQUIRED TO REIMBURSE THE COLORADO STATE PATROL FOR17
THE COST OF PROVIDING THE PROTECTION AND SECURITY SERVICES .18
SECTION 3. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
SB22-133
-8-