Colorado 2024 Regular Session

Colorado House Bill HB1118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0459.01 Megan McCall x4215
1	8		HOUSE BILL 24-1118
2		-	~~BY REPRESENTATIVE(S) Marshall and Joseph, Clifford, Garcia, Lieder,~~
3		-	~~Parenti, Snyder, Titone, McCluskie;~~
4		-	~~also SENATOR(S) Roberts and Gardner, Hansen, Mullica, Priola, Simpson.~~
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING AUTHORIZATION FOR THE ATTORNEY GENERAL TO OPERATE A
7		-	DISTRICT ATTORNEY
8		-	'S OFFICE DUE TO A VACANCY TO THE EXTENT
9		-	ALLOWED BY AN EXECUTIVE ORDER OF THE GOVERNOR
10		-	.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 24-31-101, amend
14		-	(1)(t) and (1)(u); and add (1)(v) as follows:
15		-	24-31-101. Powers and duties of attorney general. (1) The
16		-	attorney general:
	13	+	ONCERNING AUTHORIZATION FOR THE ATTORNEY GENERAL TO101
	14	+	OPERATE A DISTRICT ATTORNEY 'S OFFICE DUE TO A VACANCY102
	15	+	TO THE EXTENT ALLOWED BY AN EXECUTIVE ORDER OF THE103
	16	+	GOVERNOR.104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The attorney general is authorized to appear for the state and
	25	+	prosecute and defend all actions and proceedings, civil and criminal, in
	26	+	which the state is a party or is interested when required to do so by the
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	March 22, 2024
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	March 21, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	February 12, 2024
	36	+	HOUSE
	37	+	2nd Reading Unamended
	38	+	February 9, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Marshall and Joseph, Clifford, Garcia, Lieder, McCluskie, Parenti, Snyder, Titone
	41	+	SENATE SPONSORSHIP
	42	+	Roberts and Gardner, Hansen, Mullica, Priola, Simpson
	43	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	44	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	45	+	Dashes through the words or numbers indicate deletions from existing law. governor. In these circumstances, the bill allows the attorney general to
	46	+	also expend funds, manage staff, and perform other administrative
	47	+	functions essential for the operation of a district attorney's office. If it is
	48	+	essential during this time for the attorney general to hire personnel, while
	49	+	the attorney general has the ultimate authority regarding hiring decisions,
	50	+	a committee consisting of the attorney general, a representative from the
	51	+	Colorado district attorneys' council, and the highest ranking attorney or
	52	+	official at the district attorney's office shall make recommendations
	53	+	regarding hiring decisions that the attorney general must consider.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2
	56	+	(1)(t) and (1)(u); and add (1)(v) as follows:3
	57	+	24-31-101. Powers and duties of attorney general. (1) The4
	58	+	attorney general:5
17	59		(t) May bring a civil action to enforce section 25-7-144; and
18		-	(u) May, if the attorney general has reason to believe that a violation
19		-	of a statute or rule is causing an imminent and substantive endangerment to
20		-	the public health, water quality, or environment within a mobile home park,
21		-	request a temporary restraining order, preliminary injunction, permanent
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. injunction, or any other relief necessary to protect the public health, water
30		-	quality, or environment;
31		-	AND
32		-	(v) MAY EXPEND MONEY, MANAGE STAFF, AND PERFORM OTHER
33		-	ADMINISTRATIVE FUNCTIONS ESSENTIAL FOR THE OPERATION OF A DISTRICT
34		-	ATTORNEY
35		-	'S OFFICE WHEN APPOINTED BY EXECUTIVE ORDER OF THE
36		-	GOVERNOR
37		-	.
38		-	SECTION 2. In Colorado Revised Statutes, add 24-31-117 as
39		-	follows:
40		-	24-31-117. Hiring committee when attorney general to operate
	60	+	6
	61	+	(u) May, if the attorney general has reason to believe that a7
	62	+	violation of a statute or rule is causing an imminent and substantive8
	63	+	endangerment to the public health, water quality, or environment within9
	64	+	a mobile home park, request a temporary restraining order, preliminary10
	65	+	injunction, permanent injunction, or any other relief necessary to protect11
	66	+	the public health, water quality, or environment;
	67	+	AND12
	68	+	(v) M
	69	+	AY EXPEND MONEY, MANAGE STAFF, AND PERFORM OTHER13
	70	+	ADMINISTRATIVE FUNCTIONS ESSENTIAL FOR THE OPERATION OF A14
	71	+	DISTRICT ATTORNEY'S OFFICE WHEN APPOINTED BY EXECUTIVE ORDER OF15
	72	+	THE GOVERNOR.16
	73	+	SECTION 2. In Colorado Revised Statutes, add 24-31-117 as17
	74	+	follows:18
	75	+	24-31-117. Hiring committee when attorney general to operate19
41	76		district attorney's office due to a vacancy. I
42		-	F, DURING THE COURSE OF
43		-	PERFORMING THE ATTORNEY GENERAL
44		-	'S DUTIES PURSUANT TO SECTION
45		-	24-31-101 (1)(v), IT IS ESSENTIAL FOR THE ATTORNEY GENERAL TO HIRE
46		-	PERSONNEL AT THE DISTRICT ATTORNEY
47		-	'S OFFICE, THE ATTORNEY GENERAL
48		-	SHALL ESTABLISH A HIRING COMMITTEE CONSISTING OF THE ATTORNEY
49		-	GENERAL
50		-	, A REPRESENTATIVE FROM THE COLORADO DISTRICT ATTORNEYS '
51		-	COUNCIL, AND THE HIGHEST R ANKING ATTORNEY OR OFFICIAL AT THE
52		-	DISTRICT ATTORNEY
53		-	'S OFFICE TO MAKE RECOMMENDATIONS REGARDING
54		-	HIRING DECISIONS
55		-	. THE COMMITTEE MAY RECOMMEND THAT THE HIRING OF
56		-	PERSONNEL BY THE ATTORNEY GENERAL IS CONDITIONAL UPON THE REVIEW
57		-	AND APPROVAL OF THE PERSON APPOINTED TO FILL THE VACANT DISTRICT
58		-	ATTORNEY POSITION
59		-	. THE ATTORNEY GENERAL RETAINS THE ULTIMATE
60		-	AUTHORITY REGARDING HIRING DECISIONS WHILE ACTING PURSUANT TO
61		-	SECTION
62		-	24-31-101 (1)(v) BUT MUST CONSIDER THE RECOMMENDATIONS OF
63		-	THE COMMITTEE IN MAKING HIRING DECISIONS
64		-	.
65		-	SECTION 3. Applicability. This act applies to actions taken by the
66		-	attorney general pursuant to section 24-31-101 (1)(v) or 24-31-117,
67		-	Colorado Revised Statutes, on or after the effective date of this act.
68		-	SECTION 4. Safety clause. The general assembly finds,
69		-	determines, and declares that this act is necessary for the immediate
70		-	preservation of the public peace, health, or safety or for appropriations for
71		-	PAGE 2-HOUSE BILL 24-1118 the support and maintenance of the departments of the state and state
72		-	institutions.
73		-	____________________________ ____________________________
74		-	Julie McCluskie Steve Fenberg
75		-	SPEAKER OF THE HOUSE PRESIDENT OF
76		-	OF REPRESENTATIVES THE SENATE
77		-	____________________________ ____________________________
78		-	Robin Jones Cindi L. Markwell
79		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
80		-	OF REPRESENTATIVES THE SENATE
81		-	APPROVED________________________________________
82		-	(Date and Time)
83		-	_________________________________________
84		-	Jared S. Polis
85		-	GOVERNOR OF THE STATE OF COLORADO
86		-	PAGE 3-HOUSE BILL 24-1118
	77	+	F, DURING THE COURSE OF20
	78	+	1118-2- PERFORMING THE ATTORNEY GENERAL 'S DUTIES PURSUANT TO SECTION1
	79	+	24-31-101 (1)(v),
	80	+	IT IS ESSENTIAL FOR THE ATTORNEY GENERAL TO HIRE2
	81	+	PERSONNEL AT THE DISTRICT ATTORNEY 'S OFFICE, THE ATTORNEY3
	82	+	GENERAL SHALL ESTABLISH A HIRING COMMITTEE CONSISTING OF THE4
	83	+	ATTORNEY GENERAL, A REPRESENTATIVE FROM THE COLORADO DISTRICT5
	84	+	ATTORNEYS' COUNCIL, AND THE HIGHEST RANKING ATTORNEY OR OFFICIAL6
	85	+	AT THE DISTRICT ATTORNEY 'S OFFICE TO MAKE RECOMMENDATIONS7
	86	+	REGARDING HIRING DECISIONS. THE COMMITTEE MAY RECOMMEND THAT8
	87	+	THE HIRING OF PERSONNEL BY THE ATTORNEY GENERAL IS CONDITIONAL9
	88	+	UPON THE REVIEW AND APPROVAL OF THE PERSON APPOINTED TO FILL THE10
	89	+	VACANT DISTRICT ATTORNEY POSITION. THE ATTORNEY GENERAL RETAINS11
	90	+	THE ULTIMATE AUTHORITY REGARDING HIRING DECISIONS WHILE ACTING12
	91	+	PURSUANT TO SECTION 24-31-101 (1)(v) BUT MUST CONSIDER THE13
	92	+	RECOMMENDATIONS OF THE COMMI TTEE IN MAKING HIRING DECISIONS .14
	93	+	SECTION 3. Applicability. This act applies to actions taken by15
	94	+	the attorney general pursuant to section 24-31-101 (1)(v) or 24-31-117,16
	95	+	Colorado Revised Statutes, on or after the effective date of this act.17
	96	+	SECTION 4. Safety clause. The general assembly finds,18
	97	+	determines, and declares that this act is necessary for the immediate19
	98	+	preservation of the public peace, health, or safety or for appropriations for20
	99	+	the support and maintenance of the departments of the state and state21
	100	+	institutions.22
	101	+	1118
	102	+	-3-