Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0359.01 Nicole Myers x4326
SENATE BILL 22-133
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE PROVISION OF SECURITY BY THE COLORADO STATE101
PATROL FOR CERTAIN ELECTED OFFICIALS , AND, IN CONNECTION
102
THEREWITH, MAKING AN APPROPRIATION .103
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
SENATE
Amended 2nd Reading
April 5, 2022
SENATE SPONSORSHIP
Winter and Priola,
HOUSE SPONSORSHIP
Esgar and Woodrow,
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. additional protection and security services to a member of the general
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
133
-2- protection and security services.
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
133-3- requirements. 1
(c) I
N ADDITION TO THE PROTECTION AND SECURITY SERVICES
2
PROVIDED PURSUANT TO SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION,3
THE COLORADO STATE PATROL MAY PROVIDE OTHER PROTECTION AND4
SECURITY SERVICES TO A MEMBER OF THE GENERAL ASSEMBLY AS5
REQUESTED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL6
AND AS DEEMED NECESSARY BY THE CHIEF OF THE COLORADO STATE7
PATROL.8
(4) T
HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
9
SHALL ESTABLISH A PROCESS BY WHICH A MEMBER OF THE GENERAL10
ASSEMBLY MAY REQUEST PROTECTION FROM THE COLORADO STATE11
PATROL PURSUANT TO SUBSECTION (3) OF THIS SECTION.12
(5) T
HE COLORADO STATE PATROL SHALL ENSURE THAT MEMBERS
13
OF THE GENERAL ASSEMBLY ARE AWARE OF THE PROTECTION AND14
SECURITY SERVICES THAT MAY BE REQUESTED FROM THE COLORADO15
STATE PATROL PURSUANT TO THIS SECTION .16
SECTION 2. In Colorado Revised Statutes, add 24-33.5-216.717
as follows:18
24-33.5-216.7. Patrol services furnished to statewide 19
constitutional officers - definition. (1) A
S USED IN THIS SECTION,
20
UNLESS THE CONTEXT OTHERWISE REQUIRES , "STATEWIDE21
CONSTITUTIONAL OFFICER" MEANS THE SECRETARY OF STATE , THE22
ATTORNEY GENERAL, AND THE STATE TREASURER.23
(2) T
HE COLORADO STATE PATROL SHALL PROVIDE PROTECTION TO
24
EACH STATEWIDE CONSTITUTIONAL OFFICER IF SUCH PROTECTION IS25
REQUESTED BY THE STATEWIDE CONSTITUTIONAL OFFICER .26
(3) T
HE COLORADO STATE PATROL SHALL DESIGNATE STATE
27
133
-4- PATROL OFFICERS TO BE AVAILABLE TO PROVIDE PROTECTION SERVICES1
PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE CHIEF OF THE2
C
OLORADO STATE PATROL SHALL DETERMINE THE PRIORITY IN ASSIGNING
3
STATE PATROL OFFICERS AMONG EACH STATEWIDE CONSTITUTIONAL4
OFFICER. FACTORS TO BE CONSIDERED WHEN DETERMINING THE NEED AND5
PRIORITY FOR PROVIDING PROTECTION SERVICES INCLUDE , BUT ARE NOT6
LIMITED TO, THE LOCATION OF THE FUNCTION, THE ESTIMATED LEVEL OF7
THREAT OR RISK ASSOCIATED WITH THE FUNCTION , AND STAFFING8
REQUIREMENTS. IF EACH STATEWIDE CONSTITUTIONAL OFFICER REQUESTS9
PROTECTION SERVICES IN EXCESS OF EIGHTY PERSONNEL HOURS A WEEK10
FOR EACH INDIVIDUAL, PRIORITY WILL BE GIVEN FIRST TO PROTECT11
AGAINST CREDIBLE THREATS , THEN AT A FUNCTION AT WHICH THE12
STATEWIDE CONSTITUTIONAL OFFICER IS IN ATTENDANCE IN AN OFFICIAL13
CAPACITY, AND FINALLY AGAINST GENERALIZED THREATS .14
(4) N
OTHING IN THIS SECTION IS INTENDED TO PROVIDE
15
AROUND-THE-CLOCK PROTECTION FOR A STATEWIDE CONSTITUTIONAL16
OFFICER UNLESS THERE IS A CREDIBLE THREAT AS DETERMINED IN THE17
DISCRETION OF THE CHIEF OF THE COLORADO STATE PATROL.18
(5) N
OTHING IN THIS SECTION PROHIBITS A STATEWIDE
19
CONSTITUTIONAL OFFICER FROM OBTAINING ADDITIONAL PROTECTION ,20
WHICH MUST BE DONE IN COORDINATION WITH THE COLORADO STATE21
PATROL.22
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal23
year, $1,115,090 is appropriated to the department of public safety. This24
appropriation is from the general fund. To implement this act, the25
department may use this appropriation as follows:26
(a) $73,752 for use by the executive director's office for vehicle27
133
-5- lease payments;1
(b) $887,043 for use by the Colorado state patrol for the executive2
and capitol complex security program, which amount is based on an3
assumption that the division will require an additional 6.4 FTE;4
(c) $54,295 for use by the office of prevention and security for5
personal services, which amount is based on an assumption that the office6
will require an additional 0.9 FTE; and7
(d) $100,000 for the office of prevention and security for8
operating expenses.9
(2) For the 2022-23 state fiscal year, $73,752 is appropriated to10
the department of personnel. This appropriation is from reappropriated11
funds received from the department of public safety under subsection12
(1)(a) of this section. To implement this act, the department of personnel13
may use this appropriation to provide vehicles to the department of public14
safety.15
SECTION 4. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
133
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