Colorado 2022 Regular Session

Colorado Senate Bill SB133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0359.01 Nicole Myers x4326
1	8		SENATE BILL 22-133
2		-	BY SENATOR(S) Winter and Priola, Buckner, Gonzales, Hansen,
3		-	Jaquez Lewis, Pettersen, Fenberg;
4		-	also REPRESENTATIVE(S) Esgar and Woodrow, Bacon, Bernett,
5		-	Boesenecker, Caraveo, Cutter, Duran, Exum, Froelich, Gonzales-Gutierrez,
6		-	Gray, Herod, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks, Sirota,
7		-	Tipper, Titone, Weissman.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING THE PROVISION OF SECURITY BY THE COLORADO STATE
10		-	PATROL FOR CERTAIN ELECTED OFFICIALS
11		-	, AND, IN CONNECTION
12		-	THEREWITH
13		-	, MAKING AN APPROPRIATION.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 24-33.5-216.5, amend
16		-	(1) and (3); and add (4) and (5) as follows:
17		-	24-33.5-216.5. Patrol services furnished to the general assembly
18		-	- definition. (1) The Colorado state patrol shall provide protection for the
19		-	members of the general assembly when they are present in the state capitol
20		-	buildings group and shall respond to all complaints relating to criminal
21		-	activity
	14	+	ONCERNING THE PROVISION OF SECURITY BY THE COLORADO STATE101
	15	+	PATROL FOR CERTAIN ELECTED OFFICIALS , AND, IN CONNECTION
	16	+	102
	17	+	THEREWITH, MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Current law requires the Colorado state patrol to provide
	26	+	protection for members of the general assembly when they are present in
	27	+	the state capitol buildings group and to respond to complaints relating to
	28	+	criminal activity or security threats against a member of the general
	29	+	assembly. Current law also authorizes the Colorado state patrol to provide
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 11, 2022
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 10, 2022
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 6, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 5, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Winter and Priola, Buckner, Fenberg, Gonzales, Hansen, Jaquez Lewis, Pettersen
	44	+	HOUSE SPONSORSHIP
	45	+	Esgar and Woodrow, Bacon, Bernett, Boesenecker, Caraveo, Cutter, Duran, Exum,
	46	+	Froelich, Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks,
	47	+	Sirota, Tipper, Titone, Weissman
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. additional protection and security services to a member of the general
	51	+	assembly in certain circumstances as requested by legislative leadership.
	52	+	After considering several factors, the Colorado state patrol determines
	53	+	whether the protection and security services are needed.
	54	+	The bill requires the executive committee of the legislative council
	55	+	(executive committee) to establish a process that allows a member of the
	56	+	general assembly to appeal to the executive committee if the member
	57	+	requests protection and security services from the Colorado state patrol
	58	+	and the Colorado state patrol determines that the services are not needed.
	59	+	The bill requires the executive committee to review the reasons for the
	60	+	request for protection and security services and the reasons for the
	61	+	Colorado state patrol's determination that the services are not needed.
	62	+	If the executive committee determines that the protection and
	63	+	security services requested by the member of the general assembly are
	64	+	needed, the executive committee is required to coordinate with the
	65	+	Colorado state patrol to provide the protection and security services
	66	+	requested by the member of the general assembly. The executive
	67	+	committee is required to reimburse the Colorado state patrol for any costs
	68	+	incurred by the Colorado state patrol in providing protection and security
	69	+	services to a member of the general assembly when the Colorado state
	70	+	patrol or the executive committee determines that the protection and
	71	+	security services are needed. The executive committee is required to
	72	+	authorize the reimbursement from the legislative department cash fund.
	73	+	In addition, the bill specifies that the Colorado state patrol is
	74	+	required to provide the same protection and security services to the
	75	+	secretary of state, attorney general, and state treasurer (statewide
	76	+	constitutional officers) when they are present in the state capitol buildings
	77	+	group as it provides to members of the general assembly and that
	78	+	statewide constitutional officers may also request that the Colorado state
	79	+	patrol provide additional protection and security services to a statewide
	80	+	constitutional officer upon request of the officer.
	81	+	The bill establishes an appeal process for statewide constitutional
	82	+	officers that is similar to the process for members of the general
	83	+	assembly; except that the bill requires the executive director of the
	84	+	department of public safety (director) to establish a process that allows a
	85	+	statewide constitutional officer to appeal to the director. If the director
	86	+	determines that the protection and security services requested by the
	87	+	statewide constitutional officer are needed, the director is required to
	88	+	coordinate with the Colorado state patrol to provide the services and the
	89	+	Colorado state patrol bears the cost of providing the services.
	90	+	If the director determines that the protection and security services
	91	+	requested by a statewide constitutional officer are not needed but the
	92	+	statewide constitutional officer requests that the Colorado state patrol still
	93	+	provide the services, the statewide constitutional officer is required to
	94	+	reimburse the Colorado state patrol for the cost of providing the
	95	+	133
	96	+	-2- protection and security services.
	97	+	Be it enacted by the General Assembly of the State of Colorado:1
	98	+	SECTION 1. In Colorado Revised Statutes, 24-33.5-216.5,2
	99	+	amend (1) and (3); and add (4) and (5) as follows:3
	100	+	24-33.5-216.5. Patrol services furnished to the general4
	101	+	assembly - definition. (1) The Colorado state patrol shall provide5
	102	+	protection for the members of the general assembly when they are present6
	103	+	in the state capitol buildings group and shall respond to all complaints7
	104	+	relating to criminal activity
22	105		AGAINST or security threats against
23		-	OR RISKS TO a member of the
24		-	general assembly. For purposes of AS USED IN this subsection (1), "state
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. capitol buildings group" shall have HAS the same meaning as set forth in
33		-	section 24-82-105 (1)(a).
34		-	(3) (a) In addition to the requirements of subsections (1) and (2) of
35		-	this section, the C
36		-	OLORADO state patrol may render other protection and
37		-	security services as may be requested by the president of the senate, the
38		-	minority leader of the senate, the speaker of the house of representatives, or
39		-	the minority leader of the house of representatives
40		-	ON BEHALF OF ANY
41		-	MEMBER OF THE GENERAL ASSEMBLY
42		-	.
	106	+	OR RISKS8
	107	+	TO a member of the general assembly. For purposes of AS USED IN this9
	108	+	subsection (1), "state capitol buildings group" shall have HAS the same10
	109	+	meaning as set forth in section 24-82-105 (1)(a).11
	110	+	(3) (a) In addition to the requirements of subsections (1) and (2)12
	111	+	of this section, the C
	112	+	OLORADO state patrol may render other protection13
	113	+	and security services as may be requested by the president of the senate,14
	114	+	the minority leader of the senate, the speaker of the house of15
	115	+	representatives, or the minority leader of the house of representatives
	116	+	ON16
	117	+	BEHALF OF ANY MEMBER OF THE GENERAL ASSEMBLY .17
43	118		(b) The C
44		-	OLORADO state patrol may provide protection and security
45		-	services as described in paragraph (a) of this subsection (3)
46		-	SUBSECTION
47		-	(3)(a) OF THIS SECTION for any function held in Colorado at which a
48		-	member of the general assembly is in attendance in an official capacity with
49		-	appropriate coordination with local law enforcement. Factors to be
50		-	considered when determining the need for providing these services include,
51		-	but are not limited to, the location of the function, the estimated level of
52		-	threat
53		-	OR RISK associated with the function, and staffing requirements.
	119	+	OLORADO state patrol may provide protection and18
	120	+	security services as described in paragraph (a) of this subsection (3)
	121	+	19
	122	+	SUBSECTION (3)(a) OF THIS SECTION for any function held in Colorado at20
	123	+	which a member of the general assembly is in attendance in an official21
	124	+	capacity with appropriate coordination with local law enforcement.22
	125	+	Factors to be considered when determining the need for providing these23
	126	+	services include, but are not limited to, the location of the function, the24
	127	+	estimated level of threat
	128	+	OR RISK associated with the function, and staffing25
	129	+	133-3- requirements. 1
54	130		(c) I
55	131		N ADDITION TO THE PROTECTION AND SECURITY SERVICES
56		-	PROVIDED PURSUANT TO SUBSECTIONS
57		-	(3)(a) AND (3)(b) OF THIS SECTION,
58		-	THE COLORADO STATE PATROL MAY PROVIDE OTHER PROTECTION AND
59		-	SECURITY SERVICES TO A MEMBER OF THE GENERAL ASSEMBLY AS
60		-	REQUESTED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
61		-	AND AS DEEMED NECESSARY BY THE CHIEF OF THE
62		-	COLORADO STATE
63		-	PATROL
64		-	.
	132	+	2
	133	+	PROVIDED PURSUANT TO SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION,3
	134	+	THE COLORADO STATE PATROL MAY PROVIDE OTHER PROTECTION AND4
	135	+	SECURITY SERVICES TO A MEMBER OF THE GENERAL ASSEMBLY AS5
	136	+	REQUESTED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL6
	137	+	AND AS DEEMED NECESSARY BY THE CHIEF OF THE COLORADO STATE7
	138	+	PATROL.8
65	139		(4) T
66		-	HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL SHALL
67		-	ESTABLISH A PROCESS BY WHICH A MEMBER OF THE GENERAL ASSEMBLY
68		-	MAY REQUEST PROTECTION FROM THE
69		-	COLORADO STATE PATROL PURSUANT
70		-	TO SUBSECTION
71		-	(3) OF THIS SECTION.
	140	+	HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
	141	+	9
	142	+	SHALL ESTABLISH A PROCESS BY WHICH A MEMBER OF THE GENERAL10
	143	+	ASSEMBLY MAY REQUEST PROTECTION FROM THE COLORADO STATE11
	144	+	PATROL PURSUANT TO SUBSECTION (3) OF THIS SECTION.12
72	145		(5) T
73	146		HE COLORADO STATE PATROL SHALL ENSURE THAT MEMBERS
74		-	OF THE GENERAL ASSEMBLY ARE AWARE OF THE PROTECTION AND SECURITY
75		-	SERVICES THAT MAY BE REQUESTED FROM THE
76		-	COLORADO STATE PATROL
77		-	PURSUANT TO THIS SECTION
78		-	.
79		-	SECTION 2. In Colorado Revised Statutes, add 24-33.5-216.7 as
80		-	follows:
81		-	PAGE 2-SENATE BILL 22-133 24-33.5-216.7. Patrol services furnished to statewide
	147	+	13
	148	+	OF THE GENERAL ASSEMBLY ARE AWARE OF THE PROTECTION AND14
	149	+	SECURITY SERVICES THAT MAY BE REQUESTED FROM THE COLORADO15
	150	+	STATE PATROL PURSUANT TO THIS SECTION .16
	151	+	SECTION 2. In Colorado Revised Statutes, add 24-33.5-216.717
	152	+	as follows:18
	153	+	24-33.5-216.7. Patrol services furnished to statewide 19
82	154		constitutional officers - definition. (1) A
83		-	S USED IN THIS SECTION, UNLESS
84		-	THE CONTEXT OTHERWISE REQUIRES
85		-	, "STATEWIDE CONSTITUTIONAL
86		-	OFFICER
87		-	" MEANS THE SECRETARY OF STATE, THE ATTORNEY GENERAL, AND
88		-	THE STATE TREASURER
89		-	.
	155	+	S USED IN THIS SECTION,
	156	+	20
	157	+	UNLESS THE CONTEXT OTHERWISE REQUIRES , "STATEWIDE21
	158	+	CONSTITUTIONAL OFFICER" MEANS THE SECRETARY OF STATE , THE22
	159	+	ATTORNEY GENERAL, AND THE STATE TREASURER.23
90	160		(2) T
91	161		HE COLORADO STATE PATROL SHALL PROVIDE PROTECTION TO
92		-	~~EACH STATEWIDE CONSTITUTIONAL OFFICER IF SUCH PROTECTION IS~~
93		-	~~REQUESTED BY THE~~ STATEWIDE CONSTITUTIONAL OFFICER
94		-	.
	162	+	24
	163	+	EACH STATEWIDE CONSTITUTIONAL OFFICER IF SUCH PROTECTION IS25
	164	+	REQUESTED BY THE STATEWIDE CONSTITUTIONAL OFFICER .26
95	165		(3) T
96		-	HE COLORADO STATE PATROL SHALL DESIGNATE STATE PATROL
97		-	OFFICERS TO BE AVAILABLE TO PROVIDE PROTECTION SERVICES PURSUANT
98		-	TO SUBSECTION
99		-	(2) OF THIS SECTION. THE CHIEF OF THE COLORADO STATE
100		-	PATROL SHALL DETERMINE THE PRIORITY IN ASSIGNING STATE PATROL
101		-	OFFICERS AMONG EACH STATEWIDE CONSTITUTIONAL OFFICER
102		-	. FACTORS TO
103		-	BE CONSIDERED WHEN DETERMINI NG THE NEED AND PRIORITY FOR
104		-	PROVIDING PROTECTION SERVICES INCLUDE
105		-	, BUT ARE NOT LIMITED TO, THE
106		-	LOCATION OF THE FUNCTION
107		-	, THE ESTIMATED LEVEL OF THREAT OR RISK
108		-	ASSOCIATED WITH THE FUNCTION
109		-	, AND STAFFING REQUIREMENTS. IF EACH
110		-	STATEWIDE CONSTITUTIONAL OFFICER REQUESTS PROTECTION SERVICES IN
111		-	EXCESS OF EIGHTY PERSONNEL HOURS A WEEK FOR EACH INDIVIDUAL
112		-	,
113		-	PRIORITY WILL BE GIVEN FIRST TO PROTECT AGAINST CREDIBLE THREATS ,
114		-	THEN AT A FUNCTION AT WHICH THE STATEWIDE CONSTITUTIONAL OFFICER
115		-	IS IN ATTENDANCE IN AN OFFICIAL CAPACITY
116		-	, AND FINALLY AGAINST
117		-	GENERALIZED THREATS
118		-	.
	166	+	HE COLORADO STATE PATROL SHALL DESIGNATE STATE
	167	+	27
	168	+	133
	169	+	-4- PATROL OFFICERS TO BE AVAILABLE TO PROVIDE PROTECTION SERVICES1
	170	+	PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE CHIEF OF THE2
	171	+	C
	172	+	OLORADO STATE PATROL SHALL DETERMINE THE PRIORITY IN ASSIGNING
	173	+	3
	174	+	STATE PATROL OFFICERS AMONG EACH STATEWIDE CONSTITUTIONAL4
	175	+	OFFICER. FACTORS TO BE CONSIDERED WHEN DETERMINING THE NEED AND5
	176	+	PRIORITY FOR PROVIDING PROTECTION SERVICES INCLUDE , BUT ARE NOT6
	177	+	LIMITED TO, THE LOCATION OF THE FUNCTION, THE ESTIMATED LEVEL OF7
	178	+	THREAT OR RISK ASSOCIATED WITH THE FUNCTION , AND STAFFING8
	179	+	REQUIREMENTS. IF EACH STATEWIDE CONSTITUTIONAL OFFICER REQUESTS9
	180	+	PROTECTION SERVICES IN EXCESS OF EIGHTY PERSONNEL HOURS A WEEK10
	181	+	FOR EACH INDIVIDUAL, PRIORITY WILL BE GIVEN FIRST TO PROTECT11
	182	+	AGAINST CREDIBLE THREATS , THEN AT A FUNCTION AT WHICH THE12
	183	+	STATEWIDE CONSTITUTIONAL OFFICER IS IN ATTENDANCE IN AN OFFICIAL13
	184	+	CAPACITY, AND FINALLY AGAINST GENERALIZED THREATS .14
119	185		(4) N
120	186		OTHING IN THIS SECTION IS INTENDED TO PROVIDE
121		-	AROUND
122		-	-THE-CLOCK PROTECTION FOR A STATEWIDE CONSTITUTIONAL
123		-	OFFICER UNLESS THERE IS A CREDIBLE THREAT AS DETERMINED IN THE
124		-	DISCRETION OF THE CHIEF OF THE
125		-	COLORADO STATE PATROL.
	187	+	15
	188	+	AROUND-THE-CLOCK PROTECTION FOR A STATEWIDE CONSTITUTIONAL16
	189	+	OFFICER UNLESS THERE IS A CREDIBLE THREAT AS DETERMINED IN THE17
	190	+	DISCRETION OF THE CHIEF OF THE COLORADO STATE PATROL.18
126	191		(5) N
127	192		OTHING IN THIS SECTION PROHIBITS A STATEWIDE
128		-	CONSTITUTIONAL OFFICER FROM OBTAINING ADDITIONAL PROTECTION
129		-	,
130		-	WHICH MUST BE DONE IN COORDINATION WITH THE COLORADO STATE
131		-	PATROL
132		-	.
133		-	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
134		-	$1,115,090 is appropriated to the department of public safety. This
135		-	appropriation is from the general fund. To implement this act, the
136		-	department may use this appropriation as follows:
137		-	PAGE 3-SENATE BILL 22-133 (a) $73,752 for use by the executive director's office for vehicle
138		-	lease payments;
139		-	(b) $887,043 for use by the Colorado state patrol for the executive
140		-	and capitol complex security program, which amount is based on an
141		-	assumption that the division will require an additional 6.4 FTE;
142		-	(c) $54,295 for use by the office of prevention and security for
143		-	personal services, which amount is based on an assumption that the office
144		-	will require an additional 0.9 FTE; and
145		-	(d) $100,000 for the office of prevention and security for operating
146		-	expenses.
147		-	(2) For the 2022-23 state fiscal year, $73,752 is appropriated to the
148		-	department of personnel. This appropriation is from reappropriated funds
149		-	received from the department of public safety under subsection (1)(a) of this
150		-	section. To implement this act, the department of personnel may use this
151		-	appropriation to provide vehicles to the department of public safety.
152		-	SECTION 4. Safety clause. The general assembly hereby finds,
153		-	PAGE 4-SENATE BILL 22-133 determines, and declares that this act is necessary for the immediate
154		-	preservation of the public peace, health, or safety.
155		-	____________________________ ____________________________
156		-	Steve Fenberg Alec Garnett
157		-	PRESIDENT OF SPEAKER OF THE HOUSE
158		-	THE SENATE OF REPRESENTATIVES
159		-	____________________________ ____________________________
160		-	Cindi L. Markwell Robin Jones
161		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
162		-	THE SENATE OF REPRESENTATIVES
163		-	APPROVED________________________________________
164		-	(Date and Time)
165		-	_________________________________________
166		-	Jared S. Polis
167		-	GOVERNOR OF THE STATE OF COLORADO
168		-	PAGE 5-SENATE BILL 22-133
	193	+	19
	194	+	CONSTITUTIONAL OFFICER FROM OBTAINING ADDITIONAL PROTECTION ,20
	195	+	WHICH MUST BE DONE IN COORDINATION WITH THE COLORADO STATE21
	196	+	PATROL.22
	197	+	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal23
	198	+	year, $1,115,090 is appropriated to the department of public safety. This24
	199	+	appropriation is from the general fund. To implement this act, the25
	200	+	department may use this appropriation as follows:26
	201	+	(a) $73,752 for use by the executive director's office for vehicle27
	202	+	133
	203	+	-5- lease payments;1
	204	+	(b) $887,043 for use by the Colorado state patrol for the executive2
	205	+	and capitol complex security program, which amount is based on an3
	206	+	assumption that the division will require an additional 6.4 FTE;4
	207	+	(c) $54,295 for use by the office of prevention and security for5
	208	+	personal services, which amount is based on an assumption that the office6
	209	+	will require an additional 0.9 FTE; and7
	210	+	(d) $100,000 for the office of prevention and security for8
	211	+	operating expenses.9
	212	+	(2) For the 2022-23 state fiscal year, $73,752 is appropriated to10
	213	+	the department of personnel. This appropriation is from reappropriated11
	214	+	funds received from the department of public safety under subsection12
	215	+	(1)(a) of this section. To implement this act, the department of personnel13
	216	+	may use this appropriation to provide vehicles to the department of public14
	217	+	safety.15
	218	+	SECTION 4. Safety clause. The general assembly hereby finds,16
	219	+	determines, and declares that this act is necessary for the immediate17
	220	+	preservation of the public peace, health, or safety.18
	221	+	133
	222	+	-6-