ACLU of Colorado: Legislative





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Legislative
Key Bills

Colorado 2006: How Civil Liberties Fared in the State Legislature

Key Terms
Education
Elections and Voting
Employment Rights
Ethics
Equal Rights
Free Speech
Immigration
Justice and the Courts
Law Enforcement
Medical Issues
Miscellaneous
Prisoners Rights
Privacy
Reproductive Rights
Youth
Religion
Seniors

The ACLU of Colorado puts membership dues to good use advocating for civil liberty-friendly legislation and stopping those measures that would erode our freedoms. The committee that oversees legislation works very hard during the session, meeting weekly to discuss the bills as they are introduced. Committee members decide whether to monitor a bill – especially if it could morph into something bad, and determine to support, actively support or oppose the bill. The last two categories are the bills that usually require ACLU testimony.

As you will see below, the ACLU is vigilant on a wide range of issues because of potential impacts on civil liberties and civil rights in Colorado. We cannot afford to ignore this vital part of the ACLU of Colorado’s mission.

In its second year working with a contract lobbiest, the committee was very successful in 2006. If you want to receive updates and action alerts about legislation, sign up here.

Also, for the second time, we created a 2006 legislative scorecard in which we highlight the bills that we feel had the biggest impact on civil liberties. The voting record of each legislator has been included in it as well, to provide the general public with an easy way to see the exact stance of their elected representatives on many key issues. To view the scorecard in its entirety, please Click Here.

Key Terms

Actively Support: ACLU actively lobbied or testified for the passage of the bill.

Support: ACLU supported the bill but did not testify on it.

Actively Oppose: ACLU actively lobbied or testified in order to prevent a bill’s passage.

Monitor: The bill didn’t have a positive or a negative input on civil liberties but there was a potential for that to occur.

Postponed Indefinitely: The bill was killed in committee, before going to a legislative floor vote.

Note: If the current status shows action by the governor, it means that the bill passed both houses of the Colorado legislature.

Education

HB1024: Underserved Students in Higher Education
Rep. Frangas & Sen. Tapia
This bill requires each governing board of an institution of higher education to submit a report on underprivileged students that includes information on the programs currently offered to serve such students and additional programs that could be offered in the future to the Colorado Commissions of Higher Education (CCHE) and the Education Committees of the General Assembly. This bill also requires each governing board to consider developing an on-line textbook library program.
Position: Passive support
Current Status: Signed by Governor

HB1037: Data On Children with Challenging Behavior
Rep. Merrifield & Sen. Jones
This bill would have authorized the Early Childhood and School Readiness Commission to collect aggregate data from the Colorado Department of Education (CDE) and the Colorado Department of Human Services on children 5 years of age or younger who have dropped out of a child care programs as a result of challenging behavior. In addition, this bill would have required school districts participating in the Colorado Preschool Program to collect data and submit it to CDE regarding children 5 years of age or younger who have been disenrolled from their preschool program for this reason.
Position: Monitor
Current Status: Postponed Indefinitely

HB 1062: Citizenship Data in Public K-12 Schools
Sponsored by Rep. Welker
This bill would have required each student enrolled in a public school district in Colorado to provide documentation of his or her country of citizenship.
Position: Active oppose
Current Status: Postponed Indefinitely

HB1065: Dept of Education Statewide Data-Sharing System
Sponsored by Rep. King
This bill would have developed a statewide data-sharing system to enable the Colorado Department of Education (CDE) to share information electronically with and within participating school districts. School districts would not have been required to participate.
Position: Monitor
Current Status: Postponed Indefinitely

HB 1276: Public Schools in Metropolitan Districts
Sponsored by Rep. King and Sen. Hagedorn
This bill would have authorized metropolitan districts to create their own school districts and build public school buildings.
Position: Active Oppose – The ACLU believes that since public schools are largely financed through property taxes, this new system would have allowed real estate developers to create new metropolitan districts, which in turn would create new public school districts at the expense of already existing ones. Passage of this law would have allowed real estate developers to build in previously undesirable areas, since these communities could opt out of the poorer performing school districts and create their own. It could create instant segregation.
Current Status: Postponed indefinitely

HB 1284: Tenure Review for Higher Education Faculty Members
Sponsored by Rep. King
This bill would have required each governing board of a state institution of higher education to evaluate the entire tenured faculty periodically on several criteria. If a faculty member were to fail to meet a standard level of performance, he or she could have lost tenure or employment.
Position: Active Oppose – This bill did not provide for adequate due process and did not provide for an appeal.
Current Status: Postponed Indefinitely

HB1375: School Finance Act
Rep. Pommer & Sen. Windels
This bill sets forth changes in the financial structure and composition for schools in the state for the 2006-2007 fiscal year including the following: It increases the per pupil funding base by 3.1% to $4,863.87, increases funds for disabled students and maintains or increases funding for Special Education. The bill creates a Special Education fiscal advisory committee of 13 members, including a Special Education specialist from each of the eight regions. It specifies criteria for the committee to consider in awarding grants. The bill finally creates a new aid program for declining enrollment districts that open new charter schools and allocates such aid on a per pupil basis for students in the newly opened charter schools.
Position: Monitor
Current Status: Signed by Governor

SB024: Align Public School and Higher Education Data
Sen. Spence & Rep. Paccione
This bill requires postsecondary institutions eligible for the college opportunity fund program to use a student's unique identification number that was assigned while the student was in elementary to secondary education in Colorado.
Position: Monitor
Current Status: Signed by Governor

SB203: CCHE Must Follow Administrative Procedures Act
Sen. Windels & Rep. Madden
This bill would have required all policies adopted or amended by the Colorado Commissions of Higher Education (CCHE) to be promulgated in accordance with the Administrative Procedures Act, Article 4 of Title 24, CRS. (See also SB 153)
Position: Active Support
Current Status: Vetoed by Governor

Elections and Voting

HB1012: Absentee Ballots
Rep. Ragsdale & Sen. Johnson
This bill extends the time frame for requesting an absentee ballot from 11 days before an election to no later than the 7 days before an election. This bill also permits an eligible elector who receives an emergency absentee ballot by electronic transfer to return it in the same manner.
Position: Monitor
Current Status: Signed by Governor

HB1143: Election Worker Background Check
Sen. Kester & Rep. Gallegos
This bill requires county clerk & recorder to request arrest history records of staff or contractor employees that have access to electromechanical voting systems or electronic vote tabulation equipment. Requires the clerk to request such records at least once a year. It permits clerks to request arrest history records of election judges.
Position: Monitor
Current Status: Signed by Governor

HB1198: Provisional Ballots Cast in Wrong County
Rep. Liston & Sen. Hanna
This bill clarifies the voting guidelines for situations in which a vote is cast in an incorrect county. The bill specifies that federal and statewide office and issue votes shall be counted when voter casts the provisional ballot in the incorrect precinct but correct county. Moreover, it states that a ballot shall not be counted if the ballot is cast in the wrong county unless: 1) The voter moved from one county to another before close of registration, in which case the voter may complete an emergency registration form or cast a provisional ballot in his or her new county; or 2) The voter moved from one county to another after close of registration, in which case the voter may cast a provisional ballot in his or her new county of residence.
Position: Passive support
Current Status: Signed by Governor

SB 062: Overseas and Military Electronic Voting
Sponsored by Sen. Taylor and Rep. McKinley
This bill allows Colorado registered voters in uniformed services overseas to vote by electronic means such as fax and e-mail. Early in the legislative process the bill was modified to give this opportunity to missionaries as well. In its final form, it was amended to allow only those in the military to vote overseas.
Position: Amend – This bill either needed to exclude missionaries or expand the opportunity in order to give standard voting opportunities to every volunteer abroad.
Current Status: Amended and signed by the Governor

SB 146: Require Proof of Citizenship to Vote
Sponsored by Sen. McElhany
This bill would have required people who are registering to vote to provide proof of citizenship.
Position: Active Oppose – The ACLU of Colorado believes this bill would have disenfranchised elderly, disabled, low-income, and minority voters because of the expense and difficulty in getting birth certificates to prove citizenship.
Current Status: Postponed Indefinitely

SB 170: Concerning the Conduct of Elections
Sponsored by Sen. Gordon and Rep. Buescher
This bill clarifies voter registration procedures, identification requirements and what questions voters must answer on registration forms. Specifically, this bill requires a designated election official to hold a public hearing before determining the number and locations of vote centers. It also requires election officials to submit accuracy and security procedures to the Secretary of State for review and approval. Finally, this bill allows state employees to take administrative leave with pay to serve as election judges.
Position: Active Support – This bill requires a public hearing on vote centers before they are established. It also helps to make voting more accessible for all and also enforces accurate and secure voting.
Current Status: Signed by the Governor

SB223: Compact Elect President by Popular Vote
Sen. Gordon & Rep. Plant
This bill would have authorized the Governor to enter into an interstate compact for popular election of the US President. It would have set forth the required elements of interstate compact under which Colorado's electoral votes would go to the winner of the national popular vote. The bill specified that if the Electoral College is abolished the compact will become invalid.
Position: Monitor
Current Status: Postponed Indefinitely

HCR 1009: Proof of US Citizenship to Vote
Sponsored by Rep. Schultheis and Sen. McElhany
This bill proposed to amend the Colorado Constitution to require individuals who are registering to vote for the first time to show proof of US citizenship in order to register.
Position: Active Oppose – The ACLU of Colorado believes this bill would have disenfranchised elderly, disabled, low-income, and minority voters because of the expense and difficulty in getting birth certificates to prove citizenship.
Current Status: Postponed Indefinitely

HCR1010: Campaign Finance Constitution Modifications
Rep. Penry
This bill proposed an amendment to the Colorado Constitution to modify the campaign finance law to make it applicable to any "federal entity," including tax-exempt organizations and 527s. The bill would have doubled the limits on campaign contributions that support campaign state officers and legislators. It would have prohibited contributions to all federal entities in an aggregate amount that is in excess of the amount that may be given to a political party during such period pursuant to federal law.
Position: Monitor
Current Status: Postponed Indefinitely

SCR006: Ratification of Amendments to US Constitution
Sen. Tupa
This bill proposed an amendment to the Colorado Constitution specifying the process for ratification of amendments to the US Constitution that are proposed by the US Congress. It would have required a two-thirds supermajority vote in each chamber, with the ayes and noes recorded in the journals, for ratification. This issue would have been referred to the November 2006 general election for voter approval.
Position: Active Support
Current Status: Postponed Indefinitely

SCR008: Redistricting by Nonpartisan Staff of General Assembly
Sen. Gordon
This bill proposed to amend Article V of the Colorado Constitution to eliminate the reapportionment commission and instead create a nonpartisan legislative staff to prepare a redistricting plan for the state house, senate and Congressional districts. It would have required compliance with constitutional considerations for drawing district boundaries.
Position: Monitor
Current Status: Failed

Employment Rights

HB1065: Dept of Education Statewide Data-Sharing System
Rep. King
This bill would have developed a statewide data-sharing system to enable the Colorado Department of Education (CDE) to share information electronically with and within participating school districts. School districts would not have been required to participate.
Position: Monitor
Current Status: Postponed Indefinitely

HB1286: Verify Immigration Status of Restaurant Employees
Rep. Schultheis & Sen. Lamborn
This bill would have required applicants for restaurant licenses to participate in a basic employment verification pilot program or similar federal program prior to being issued a license. It would have prohibited the state and local health departments from issuing licenses to restaurants that failed to participate in a verification program. It would have also made it unlawful for a licensee to hire or employ an employee whose work eligibility was not verified through one of these programs or who did not have work eligibility.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB1300: State Employee Payroll Deductions
Rep. Vigil & Sen. Windels
This bill would have permitted state employees to authorize payroll deductions for a charity or employee organization without a prior written approval of the state personnel director. It would have required that such deductions be made upon receipt of a written request from a state employee, charity or employee organization. It also specified that deduction for employee organizations shall only be for dues and other economic benefits received through the organization
Position: Monitor
Current Status: Postponed Indefinitely

HB 1342: Wage Law Enforcement by Division of Labor
Sponsored by Rep. Cerbo and Sen. Fitz-Gerald
This bill would have created a mediation board to determine if an employer failed to pay wages owed to an employee.
Position: Active Support – This bill helped to ensure that all employees were paid.
Current Status: Postponed Indefinitely

SB 081: Employment Nondiscrimination Act
Sponsored by Sen. Veiga and Rep. Madden
This bill would have added sexual orientation, including actual or perceived orientation towards lesbian, gay, bisexual, and transgender (LGBT) status, to current Colorado employment anti-discrimination statutes. This bill excluded religious organizations and allowed employers to enforce a reasonable dress code.
Position: Active Support – This bill provided equal employment opportunities and rights for all regardless of sexual orientation.
Current Status: Vetoed by the Governor

SB088: Disclosure Requirements of State Contracts
Sen. Hagedorn & Rep. M. Carroll
This bill attempted to add to the definition of lobbying, communicating with a state employee for the purpose of influencing whether or not a state contract was awarded to the definition of lobbying. It would have exempted helping write a bid from the definition of lobbying. The bill would have set $250 in expenditures and $15,000 for one contract and $50,000 for aggregate contracts in the calendar year in order to require reporting. Moreover, it would have required the vendor to disclose the total amount spent on lobbying for a state contract during the previous year. The bill would have allowed the Secretary of State to investigate activities of vendors who made lobbying expenditures and who may be in violation of the registration and disclosure requirements. Also, the bill would have required all information relevant to the personal services contract be made available to the public including information from the contractor's books and records.
Position: Active Support
Current Status: Postponed Indefinitely

Ethics

HB1149: Regulation of Lobbyists
Sen. Tupa & Rep. M. Carroll
This bill expands existing statutory requirements for lobbyists to file monthly disclosure statements to require lobbyists to disclose positions taken (support, oppose, amend or monitor) on specific legislation they lobbied and the name of principal for which they are lobbying. Requires disclosure of any direct business association between a lobbyist and the legislation they are lobbying. Amended to define "direct business association." Amended to require disclosure of subject matter of potential legislation being lobbied that has not yet been introduced.
Position: Monitor
Current Status: Signed by Governor

HB1262: Prohibit Gifts of Money to Legislators During Session
Rep. Welker
This bill would have prohibited members of the general assembly from accepting monetary gifts for the expenses of their official duties while the general assembly is in regular session. This prohibition would not have applied to honoraria for speeches or appearances or publications, or to reimbursement for actual and necessary expenses for travel and lodging.
Position: Monitor
Current Status: Postponed Indefinitely

SB009: Executive Session Electronic Recording
Sen. Mitchell & Rep. McGihon
This bill requires discussions by a state or local public body occurring in executive session to be electronically recorded. The bill creates an exception to the recording requirement for privileged communications with an attorney.
Position: Active Support
Current Status: Signed by Lt. Governor

SB051: Prohibiting Public Officials from Accepting Monetary Gifts
Sen. Tupa & Rep. Weissmann
This bill prohibits candidates and incumbents in statewide elected offices from accepting gifts, loans, or money of any kind for the purpose of defraying expenses related to their official duties. Exempted from this bill is the receipt of a salary or other compensation (such as honoraria) for speeches, public appearances, publications, as well as the reimbursement of necessary expenditures for travel and lodging as provided by law. It Defines "statewide elected offices" to include all constitutional officers, members of the general assembly, district attorneys, regents and members of the state board of education.
Position: Monitor
Current Status: Became Law w/out Governor's Signature

Equal Rights

HB1061: Eliminate Prehearing Investigation for State Personnel
Rep. Coleman & Sen. Takis
This bill eliminates the requirement for the State Personnel Director to conduct investigations of complaints filed by state employees alleging retaliation for disclosure of information before the state personnel board may hold a hearing on the matter. Instead, it directs the board to review such allegations in accordance with the uniform grievance procedures or to hold a hearing.
Position: Monitor
Current Status: Signed by Governor

HB 1344: Domestic Partnership Benefits & Responsibilities Act
Sponsored by Rep. Plant and Sen. Fitz-Gerald
This bill places a referendum on the 2006 November ballot that would allow eligible same-sex couples to enter into a domestic partnership and obtain some, but not all, of the benefits, protections, and responsibilities afforded by Colorado law to opposite-sex spouses. These benefits would include rights to hospital visitation, health care and pension benefits, property, and inheritance, all of which would provide same-sex couples a greater degree of economic and health security.
Position: Active Support –This referendum would reduce discrimination against same-sex couples.
Current Status: On the November ballot

SB166: Reciprocal Beneficiary Agreements
Sen. Mitchell
This bill would have authorized the establishment of reciprocal beneficiary agreements that permit unmarried couples who are prohibited from marrying to access the benefits and protections of certain specified state laws. It would have limited eligibility to adult couples who may not marry or who are related by blood, adoption or marriage. It specifies creation and termination of relationship of beneficiaries. Moreover, it specified the rights and protections that apply to the beneficiaries, including: hospital visitation and medical decision-making, anatomical gift decisions, participation in decisions related to disposition of last remains, access to domestic violence protection orders notwithstanding the absence of an intimate relationship, and right to joint ownership of property.
Position: Active Monitor
Current Status: Postponed Indefinitely

Free Speech

HB 1382: Right to Rest in Peace Act
Sponsored by Rep. Merrifield and Sen. Shaffer
This bill outlines criminal penalties for protesting at and disturbing a funeral. First, an individual can be convicted of a misdemeanor offense for interfering with a funeral if he or she is on private property within 100 feet of a funeral site and refuses to leave after being asked by the property owner. In addition, this bill increases the penalties for certain existing misdemeanor offenses if they take place near a funeral.
Position: Active Oppose – As introduced, this bill violated First Amendment Rights because it was vague, overly restrictive, and was not content neutral. As passed the bill is less restrictive.
Current Status: Signed by the Governor

Immigration

HB 1062: Citizenship Data in Public K-12 Schools
Sponsored by Rep. Welker
This bill would have required each student enrolled in a public school district in Colorado to provide documentation of his or her country of citizenship.
Position: Oppose
Current Status: Postponed Indefinitely

HB1082: Actions Against Employers of Illegal Aliens
Rep. Stengel & Sen. McElhany
This bill would have imposed a duty of care on employers of unauthorized aliens for foreseeable and tortuous acts committed by the unauthorized alien they employ. It would have permitted injured parties to bring tort actions against the employer for damages.
Position: Passive oppose
Current Status: Postponed Indefinitely

HB1101: Concerning Illegal Aliens
Rep. Crane
This bill would have prohibited the state from contracting with an entity that employs illegal aliens under the contract. It would have required contractors to provide documentation verifying that it is not employing or subcontracting with an illegal alien. If a contractor were to violate these provisions they would be ineligible to receive a public contract for 10 years after the breach was discovered. This bill would also have required that a peace officer check all arrestee's immigration status while performing other computer-based background checks. Finally, this bill would have required the judicial department to submit an annual report including the sex, age, alien status, employer, gang affiliation, nationality, marital status, previous criminal history and crime charged regarding each defendant that appears in court to the house and senate judiciary committees.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB 1131: Bail Bonding Agents Illegal Immigrants
Sponsored by Rep. Stengel and Sen. McElhany
This bill required a law enforcement agency to notify a bail bond agent if it determined that a defendant was likely present in the United States illegally. There was no guidance for determining that likelihood.
Position: Active Oppose – The ACLU of Colorado opposed this bill because it was vague and encouraged unnecessary detention of suspects.
Current Status: Postponed Indefinitely

HB1133: Illegal Immigration and Gov Practices
Rep. Harvey & Sen. Wiens
This bill would have prohibited any state agency or political subdivision of the state from entering into a public contract for services with any contractor or subcontractor that knowingly employed unauthorized aliens. It would have also required contractors to have a policy in place that ensured they would not employ unauthorized aliens. On another not, this bill would have prohibited persons not legally in the United States from establishing domicile in Colorado for the purpose of being classified as eligible for in-state tuition.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB1134: Law Enforcement Immigration Activities
Rep. Schultheis & Sen. Jones
This bill would have required public safety, sheriffs, and police departments to enter into Memorandums of Understanding (MOUs) with the Immigrations and Customs Enforcement (ICE) to participate in a program to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement. It would also have allowed the ICE to train peace officers to identify, process, and when appropriate, detain suspected illegal aliens when they are encountered during routine police activity.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB1286: Verify Immigration Status of Restaurant Employees
Rep. Schultheis & Sen. Lamborn
This bill would have required applicants for restaurant licenses to participate in a basic employment verification pilot program or similar federal program prior to being issued a license. It would have prohibited the state and local health departments from issuing licenses to restaurants that failed to participate in a verification program. It would have also made it unlawful for a licensee to hire or employ an employee whose work eligibility was not verified through one of these programs or who did not have work eligibility.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB 1290: Federal Employment Verification Program
Sponsored by Rep. Schultheis
This bill would have required all Colorado state employers to verify the social security numbers and work eligibility status of their applicants.
Position: Active Oppose – This bill would lead to ethnic and racial profiling because employers may avoid hiring anyone who looks like an immigrant. In addition, the databases that the state of Colorado would have used are known to be inaccurate.
Current Status: Postponed Indefinitely

HB 1343: Illegal Aliens & Public Contract for Services
Sponsored by Rep. Crane and Sen. Keller
This bill prohibits state agencies and political subdivisions of the state from entering into or renewing any contract for services with a contractor or subcontractor that knowingly employs undocumented immigrant workers. In addition, it requires these agencies or companies to use a pilot federal database program in order to determine if their employees are documented immigrants. If a contractor is found to violate the provisions detailed in this bill, he or she could be disqualified from public contracting for two years and placed on a public list of disqualified contractors.
Position: Active Oppose – This bill could lead to racial and ethnic profiling.
Current Status: Signed by the Governor

SB088: Disclosure Requirements of State Contracts
Sen. Hagedorn & Rep. M. Carroll
This bill attempted to add to the definition of lobbying, communicating with a state employee for the purpose of influencing whether or not a state contract was awarded to the definition of lobbying. It would have exempted helping write a bid from the definition of lobbying. The bill would have set $250 in expenditures and $15,000 for one contract and $50,000 for aggregate contracts in the calendar year in order to require reporting. Moreover, it would have required the vendor to disclose the total amount spent on lobbying for a state contract during the previous year. The bill would have allowed the Secretary of State to investigate activities of vendors who made lobbying expenditures and who may be in violation of the registration and disclosure requirements. Also, the bill would have required all information relevant to the personal services contract be made available to the public including information from the contractor's books and records.
Position: Active Support
Current Status: Postponed Indefinitely

SB090: Prohibit Illegal Immigration Sanctuaries
Sen. Wiens & Rep. Harvey
As amended this bill prohibits local government ordinances or policies that would prohibit local officials from cooperating with immigration enforcement. This bill also requires police officers to report to the Immigration and Customs Enforcement (ICE) when it is probable that an arrestee for a criminal offense is undocumented. Finally, this bill prohibits DOLA from giving money to any local government that does not enforce immigration policies.
Position: Monitor
Current Status: Signed by Governor

SB098: Exclude Unauthorized Aliens from Workers’ Compensation
Sen. Brophy & Rep. Schultheis
This bill would have made is so unauthorized aliens would be excluded from the definition of "employee" for purposes of workers' compensation.
Position: Active Oppose
Current Status: Postponed Indefinitely

SB110: Prohibit Illegal Documents for Work and Resident Status
Sen. Wiens & Rep. May
This bill adds to existing criminal penalties a civil penalty of $50,000 dollars for each forged immigration document. The money collected as a result of this bill is to be deposited in the judicial stabilization cash fund.
Position: Monitor
Current Status: Signed by Governor

SB 206: Prohibit Human Smuggling
Sponsored by Sen. Groff and Rep. Green
This bill proposed to create a class 3 felony offense for persons who provide transportation for someone to travel, remain in, or enter Colorado “for the purpose of evading immigration laws” in exchange for money or other things of value. It was amended to replace the clause “for the purpose of evading immigration laws” with “in violation of immigration laws.”
Position: Active-Amend – This bill needed to be amended in order to clarify “for the purpose of evading” because the vague language could have led to prosecutorial abuses.
Current Status: Signed by the Governor

HCR1008: English as Official Language
Rep. Schultheis & Sen. Wiens
This bill proposed an amendment to the Bill of Rights in the Colorado Constitution that would have modified the official language section to require all printed and electronic documents published or issued by the state and any political subdivision thereof be in the English language. It would have prohibited publicly supported libraries from purchasing any printed or electronic documents in a language other than English, except for reference materials or textbooks and related instructional materials for teaching a foreign language. It would have prohibited school districts from requiring instruction in a language other than English. Furthermore, it would have prohibited public employers from requiring competency in a language other than English as a condition of employment except as required by federal law or for the purpose of addressing public health or safety emergencies.
Position: Active Monitor
Current Status: Postponed Indefinitely

HJR103: Special Session on Immigration Issues
Rep. Schultheis & Sen. Brophy
This bill requested (by a 2/3 vote of both houses) a special session to deal with the following: A requirement that English be the official language of public entities in the state; A requirement that employers participate in the extended federal basic employment verification pilot program for the purpose of determining the work eligibility status of employees; The enforcement of immigration laws by law enforcement agencies in Colorado; and The verification of United States citizenship for voting purposes.
Position: Active Monitor
Current Status: Postponed Indefinitely

Justice and the Courts

HB1026: Minimum Sentence Sex Assault on Young Victim
Rep. Berens & Sen. Mitchell
This bill would have changed the penalties for sexual assault on a child under the age of 12 to at least a minimum of the presumptive range and at maximum to life in prison.
Position: Monitor
Current Status: Postponed Indefinitely

HB1028: Increase the Number of Judges in Judicial Department
Rep. T. Carroll & Sen. Mitchell
This bill added three new judges to the Colorado Court of Appeals and added four new county court judges, one each in Douglas, Jefferson, Weld and Mesa Counties.
Position: Active Support
Current Status: Signed by Governor

HB1080: Adult Criminal Competency Evaluations
Sen. T. Carroll & Rep. Grossman
This bill gives licensed psychologists the authority to conduct competency examinations for adults charged with crimes.
Position: Monitor
Current Status: Signed by Governor

HB1090: Sex Offenders
Rep. Green & Sen. Tupa
This bill dealt with a wide range of issues concerning the conviction, sentencing, and documentation of sexual offenders. Specifically, it would have allowed civil actions against private entities, public employees and supervisors for sexual offenses against children to be carried out in the same manner as against private entities. Also, it would have allowed for civil action to be carried out for negligent supervision when a public or private entity knew of unlawful sexual conduct by someone who was an employee, volunteer, representative, agent, or subordinate. Finally, this bill would have required local law enforcement agencies that post information about sex offenders to also post educational information.
Position: Monitor
Current Status: Failed

HB1102: Criminal Procedural Omnibus
Sen. Grossman & Rep. T. Carroll
This bill expands the hearsay exception for child witness statements from those under 13 to all crimes and domestic violence. It allows victims of incest and an attempted sexual assault to have the same privilege of having their name redacted from the record as a victim of sexual assault. It also prohibits a court from sealing a criminal record if the defendant still owes restitution, fines, court costs and late fee.
Position: Monitor
Current Status: Signed by Governor

HB1136: Notify AG Claim Law Unconstitutional
Sen. Shaffer & Rep. Witwer
This bill requires defendants in criminal proceedings that file motions or other pleadings alleging that a state statute or municipal ordinance is unconstitutional to serve the Attorney General with a copy of the pleading. It also entitles the attorney general to be heard on the matter. It was amended to specify that defendant's failure to comply with this requirement shall not be construed to waive defendant's constitutional rights.
Position: Monitor
Current Status: Signed by Governor

HB1169: Limit Access Records Domestic Cases
Rep. Decker & Sen. Bacon
This bill makes confidential a variety of documents that are filed in domestic relations matters confidential such as financial affidavits, the parenting plan, a record of an interview with a child, a filed report of a legal representative of the child, marital agreements, property itemization schedule. It requires the parties to file the documents so they may be kept confidential. Amendment added to require the state court administrator to convene a committee of interested parties including the media, attorneys who practice family law and representatives of the courts to make recommendations concerning such records to legislative council by December 1 2006.
Position: Monitor
Current Status: Signed by Governor

HB1205: Waive Physician-Patient Privilege in Personal Injury Cases
Rep. Rose
This bill would have made the physician-patient privileges inapplicable to the pretrial discovery of medical records in personal injury cases. The bill specifies that a person claiming to have experienced a personal injury has made their mental or physical conditions a legal issue, losing the physician-patient privilege. This bill would have applied to physicians, surgeons and registered professional nurses who are examined as a witness in the personal injury cases of a patient to whom they provided treatment or consultation for the injury at issue.
Position: Monitor
Current Status: Postponed Indefinitely

HB1334: Confidentiality of Parental Responsibilities Documents
Rep. Clapp & Sen. Gordon
This bill requires that all evaluations and reports related to the allocation of parental responsibilities be kept confidential without the necessity of filing a motion to request confidentiality. It furthermore prohibits public inspection without a court order.
Position: Monitor
Current Status: Signed by Governor

HB1376: Three Year Limit on collateral Attack Class 1 Felony
Rep. Jahn
This bill would have repealed the provision in the statute specifying that there are no time limitations to collaterally attack the validity of a criminal conviction for a class 1 felony. Instead, this bill would have subjected such convictions to the 3-year limitation period that applies to all other felonies.
Position: Pending review
Current Status: Postponed Indefinitely

SB 061: Legal Setting Interpreting for the Deaf
Sponsored by Sen. Keller and Rep. Larson
This bill transfers the oversight of interpreters for the deaf from the Division of Rehabilitation in the Department of Human Services to the Commission for the Deaf and Hard of Hearing. This bill also requires an interpreter to be present for the deaf at all civil and criminal proceedings, alternative dispute resolutions, mediations, and arbitrations or hearings.
Position: Support – This bill helps to guarantee deaf individuals equal rights in legal proceedings.
Current Status: Signed by the Governor

SB177: Guidelines for Ensuring Victim & Witness Rights
Sen. Veiga & Rep. Larson
This bill adds three new crimes to the victim rights statutes that qualify for Victims’ Rights Amendment (VRA) application. These new crimes are 1) intimidation of a victim or witness 2) indecent exposure and 3) violation of a criminal protection order in a sex assault case.
Position: Monitor
Current Status: Signed by Governor

SB182: Moneys Judicial Stabilization Cash Fund
Sen. Tapia & Rep. Buescher
This bill would have required certain fees, surcharges, taxes, fines, penalties and claims collected by the state judicial branch on and after July 1, 2006 to be deposited in the judicial stabilization cash fund.
Position: Passive support
Current Status: Postponed Indefinitely

Law Enforcement

HB1011: Internet Crimes Against Children
Rep. McCluskey & Sen. Sandoval
This bill creates a class 4 felony for using the Internet to lure a child under the age of 15 to meet without parental consent. In addition, this bill prohibits a person from using a computer to entice a child to expose or touch their or another's intimate parts or observe someone else's intimate parts while communicating via a computer. Finally, this bill makes the possession of more than 20 different items of sexually exploitive material pertaining to children a class 4 felony.
Position: Monitor
Current Status: Signed by Governor

HB1027: Legally Recognized Peace Officers
Rep. Lindstrom & Sen. Johnson
This bill clarifies that municipal court marshals and public transit officers may become certified as peace officers with the same training as other peace officers rather than reserve officer training, which is currently in statute.
Position: Monitor
Current Status: Signed by Governor

HB1063: GPS Monitoring
Rep. Cadman & Sen. McElhany
This bill clarifies that GPS monitoring is allowed for probationers, county jail detainees, pre-adjudicated defendants, and juvenile ISP offenders.
Position: Monitor
Current Status: Signed by Governor

HB1089: Sex Offender Restriction Children
Rep. Harvey
This bill would have prohibited sexually violent predators, persons convicted of 2 or more sex offenses requiring registration and persons convicted of sexual offenses against a child from living or working within a 1,500 foot radius of a school (public or private), licensed day care center or playground. It would have punished violations of these regulations as a class 1 misdemeanor.
Position: Active Oppose
Current Status: Postponed Indefinitely

HB1090: Sex Offenders
Rep. Green & Sen. Tupa
This bill dealt with a wide range of issues concerning the conviction, sentencing, and documentation of sexual offenders. Specifically, it would have allowed civil actions against private entities, public employees and supervisors for sexual offenses against children to be carried out in the same manner as against private entities. Also, it would have allowed for civil action to be carried out for negligent supervision when a public or private entity knew of unlawful sexual conduct by someone who was an employee, volunteer, representative, agent, or subordinate. Finally, this bill would have required local law enforcement agencies that post information about sex offenders to also post educational information.
Position: Monitor
Current Status: Failed

HB1153: Enhancement Sex Offender Registration
Sen. Mitchell & Rep. Berens
This bill requires CBI to assist local law enforcement with address verification. It adds information related to motor homes, shelters and vehicles to be included in registration of sex offenders.
Position: Monitor
Current Status: Signed by Governor

HB 1179: Federal Law Enforcement Peace Officers
Sponsored by Rep. Hall and Sen. Tapia
This bill allows the Federal Bureau of Investigation (FBI) and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to have special agents with restricted peace officer or law enforcement authority in Colorado. These agents would only have authority in limited situations including when a felony or misdemeanor is committed in their presence, or when responding to an emergency situation that is likely to involve injury or destruction of property.
Position: Oppose – The ACLU of Colorado opposes increased authority for federal agents to enforce state law, as federal employees cannot be held accountable in the same manner as state agents. Federal agents in joint task forces with local law enforcement claim exemption from some Colorado rules.
Current Status: Signed by the Governor

HB1364: Crime of Locating Protected Person
Rep. Madden & Sen. Shaffer
This bill creates a class 1 misdemeanor for someone to accept money to find a protected person. The bill does, however, create exceptions such as if there is either a court order, or a lawful purpose and the protected person agrees in writing. It also creates exceptions for legitimate court matters, such as civil cases, divorce, or criminal proceedings.
Position: Monitor
Current Status: Signed by the Governor

SB 123: Use of Lethal Force by National Guard
Sponsored by Sen. Owens and Rep. Hall
This bill would have allowed the governor to issue an executive order permitting the Colorado National Guard to use lethal force in order to protect life or property.
Position: Active Oppose – Lethal force is inappropriate in property crimes.
Current Status: Postponed Indefinitely

SB175: Juvenile Sex Offender ISP Programs
Sen. Kester & Rep. Jahn
This bill would have created a juvenile sex offender Intensive Supervision Probation Program. It would have required participation by juveniles adjudicated for an offense that would be a sex offense if committed by an adult.
Position: Monitor
Current Status: Postponed Indefinitely

SB224: Event Data Recording in Motor Vehicles
Sen. Traylor & Rep. Harvey
This bill specifies that event data recorder information is property of the individual who owns the vehicle. Requires owner consent within the last 30 days to retrieve the data or allows retrieval if the data is subject to civil discovery rules, a court orders retrieval of the data, the event data recorder is installed after the vehicle was sold by the manufacturer, a peace officer retrieves the data with a court order because of an accident. Allows for release of aggregate data for research or statistics.
Position: Monitor
Current Status: Signed by Governor

SB 225: State Patrol Human Smuggling
Sponsored by Sen. Groff and Rep. Paccione
This bill created a division within the Colorado State Patrol to address human smuggling and human trafficking on the highways of Colorado. Twelve new full time employees are to be assigned to this unit for the 2006-2007 fiscal year. In the next year twelve more employees will be hired.
Position: Active Monitor
Current Status: Signed by the Governor

Medical Issues

SB 087: Duty to Report Health Condition
Sponsored by Rep. Jones and Sen. Frangas
This bill would have required individuals, who are obligated to report certain diseases or conditions to state or local health departments, to inform their patients that they must do so.
Position: Active Support – This bill would have notified patients about the lack of privacy of their test results.
Current Status: Postponed Indefinitely

SB 102: Limited Criminal Immunity for Licensed Medical Caregivers
Sponsored by Sen. Williams and Rep. Larson
This bill granted immunity to medical professionals, who prescribe or administer painkillers to terminally ill patients, from being charged with the offense of manslaughter if their patient dies. This bill does not permit a medical caregiver to assist in the suicide of a patient.
Position: Monitor
Current Status: Signed by the Governor

SB121: Surrogate Decision-Maker for Health Care
Sen. Sandoval & Rep. Riesberg
This bill allows an attending physician to appoint a surrogate decision-maker if it is determined that the patient in question lacks the capacity to make informed health care choices. This bill also requires the attending physician or designee to inform as many "interested parties", defined as spouse, parent, adult child, sibling, grandchild or close friend, of the patient's lack of decisional capacity. Finally, this bill grants good faith immunity to surrogate decision-makers and those that rely on their decisions.
Position: Passive oppose
Current Status: Signed by Governor

SB 158: Withdrawing Artificial Nourishment or Hydration
Sponsored by Sen. Lamborn and Rep. Shultheis
This bill proposed to specify limited circumstances in which a proxy decision-maker for medical treatment may withhold or withdraw artificial nourishment or hydration for a patient who lacks the ability to make this decision for him or herself.
Position: Active Oppose – The ACLU of Colorado believes the government should not intrude upon the personal or family end of life decisions.
Current Status: Postponed Indefinitely

Miscellaneous

HB1104: ID Card Application Fingerprinting
Sen. Entz & Rep. Ragsdale
This bill requires an application for an ID card to contain the applicant's fingerprint.
Position: Monitor
Current Status: Signed by Governor

SB068: Additional Authority Over Alcoholic Beverage Licenses
Sen. Sandoval & Rep. Frangas
This bill allows local governments to consider the existing statutes and implementing rules when determining whether to approve the transfer of an alcohol beverage license when a business holding a license is sold.
Position: Passive oppose
Current Status: Signed by Governor

SB079: Review of Implemented Bills by Nonpartisan Legislative Staff
Sen. Groff & Rep. Buescher
This bill creates a process whereby the legislature can add an "accountability clause" and a legislative intent to a proposed bill. Such clauses direct legislative service agencies to conduct a review of the implementation of the bill at either two or five years.
Position: Passive support
Current Status: Signed by Governor

SB207: Prohibit Trafficking in Adults
Sen. Groff & Rep. Borodkin
This bill creates a class 3 felony offense for persons who traffic in adults by selling, exchanging, bartering or leasing an adult for money or who receive an adult as a result of such transaction. In this bill "adult" is defined as person age 16 or older. In its final form this bill was amended to make trafficking of a person who is illegally present in the US a class 2 felony.
Position: Monitor
Current Status: Signed by Governor

HCR1003: Call Constitutional Convention
Rep. White
This bill proposed to place a measure on the November 2006 general election ballot that, if approved, would call a constitutional convention to revise, alter, and amend the state constitution.
Position: Monitor
Current Status: Postponed Indefinitely

HCR1014: No State Interference End of Life Choice
Rep. T. Carroll
This bill proposed an amendment to the Colorado Constitution prohibiting the state from restricting the ability of an adult patient's family or legally authorized representative to determine medical treatment if the patient is unable to provide informed consent.
Position: Monitor
Current Status: Failed

SCR004: Constitutional Convention
Sen. Evans
This bill proposed a question for the November 2006 general election ballot that if approved, would call a constitutional convention to revise, alter and amend the state constitution. It specifies that any constitutional changes referred from the convention be adopted by two-thirds of the delegates.
Position: Monitor
Current Status: Postponed Indefinitely

Prisoners Rights

HB1315: Juvenile Parole for Adult Class 1 Felony
Rep. Hefley & Sen. Gordon
As amended, this bill allows a juvenile who is convicted of a class 1 felony to be reviewed for parole after serving 40 calendar years. The bill maintains that the paroled person remains in the legal custody of the Department of Corrections for the remainder of their natural life. It allows the Governor, if extraordinary mitigating circumstances exist and the inmate's release is compatible with society's safety and welfare, to grant parole earlier. However, if denied parole, it allows for a reconsideration of parole once every five years thereafter. Furthermore, the bill requires juveniles sentenced as adults for a class 1 felony to be given opportunities to participate in correctional programs and treatment available to other inmates eligible for parole.
Position: Active Support
Current Status: Signed by Governor

HB1292: Brain Fingerprinting & DNA Testing of Offenders
Rep. Stengel
This bill would have expanded DNA testing to every offender in the Department of Corrections (DOC), community corrections or on probation or parole for a felony, and juveniles whose crime would have been a felony, and adults in jail for unlawful sexual behavior crimes. This bill would have also created a brain-fingerprinting fund, which allows a felon in custody to request an electronic brain wave response in order to prove the felon’s innocence. Allows the fund to accept gifts, grants and donations.
Position: Active Oppose
Current Status: Postponed Indefinitely

SB 150: DNA Testing of All Felons
Sponsored by Sen. Grossman and Rep. Hefley
This bill expands mandatory DNA testing to all adults convicted of a felony who are in custody of the Department of Corrections, community corrections and county jails, and those who are on parole or probation. In addition, this bill extends the same testing to all juveniles who committed the equivalent of a felony. The offender is required to pay for his or her own DNA test.
Position: Active Oppose – The ACLU of Colorado opposes the creation of this because it applies regardless of whether the crime involved property or violence against a person and is susceptible to misuse.
Current Status: Signed by the Governor.

Privacy

HB1357: Prohibit Public Inspection of Marriage License Applications
Rep. Ragsdale & Sen. Isgar
This bill makes an exemption from the Open Records Act for marriage license applications. It permits inspection by persons in interest or those related to them by blood, marriage or adoption. It was amended to open records that are more than 50 years old. It requires a court to order release of such records.
Position: Active Support
Current Status: Signed by Governor

SB091: Phone Records Trading
Sen. Tupa & Rep. Riesberg
This bill requires an individual who owns or uses a telephone to give permission in order for their telephone records to be sold or purchased and creates a class 1 misdemeanor for violation of these rules. These requirements will not apply to law enforcement officers in the performance of their duties.
Position: Active Support
Current Status: Signed by Governor

SB224: Event Data Recording in Motor Vehicles
Sen. Traylor & Rep. Harvey
This bill specifies that event data recorder information is property of the individual who owns the vehicle. Requires owner consent within the last 30 days to retrieve the data or allows retrieval if the data is subject to civil discovery rules, a court orders retrieval of the data, the event data recorder is installed after the vehicle was sold by the manufacturer, a peace officer retrieves the data with a court order because of an accident. Allows for release of aggregate data for research or statistics.
Position: Monitor
Current Status: Signed by Governor

SB233: State Auditor Confidential Documents
Sen. Taylor & Rep. Coleman
This bill clarifies the State Auditor's ability to access confidential records. It also, clarifies that the auditor's staff and the audit committee may not release any confidential records and makes them subject to applicable penalties in the event of a breach of confidentiality.
Position: Monitor
Current Status: Postponed Indefinitely

Reproductive Rights

HB 1128: First Degree Murder of a Fetus
Sponsored by Rep. Schultheis and Sen. Lamborn
This bill would have made conducting an abortion a class 1 felony. Persons convicted of class 1 felonies may be subject to capital punishment.
Position: Active Oppose – This bill infringes on a woman’s right to choose if and when to have a child without government interference. The ACLU believes that a woman should have the right to make her own medical decisions. Physicians should be free to practice medicine in accordance with their training, and with the consent of their patients.
Current Status: Postponed indefinitely

HB 1212: Prescribing Emergency Contraception
Sponsored by Rep. Boyd and Sen. Veiga
This bill would have authorized, but did not require, pharmacists to prescribe emergency contraception (EC) in the state of Colorado. In this bill EC is defined as a drug that prevents pregnancy and does not include medications that induce abortions such as RU-486 and Mifepristone.
Position: Support – This bill would improve access to emergency contraception so that women could prevent unintended pregnancies, included those resulting from rape or incest.
Current Status: Vetoed by Governor

HCR 1013: Definition of Pregnancy
Sponsored by Rep. Lundberg
This bill proposed an amendment to the Colorado Constitution that defines the term “pregnancy” for all purposes of state law to be “the process of gestation within a woman’s body from the point of fertilization to birth.”
Position: Active Oppose – This bill would have substituted a religious definition of pregnancy for a scientific definition.
Current Status: Postponed Indefinitely

Youth

HB1071: Juvenile Court Proceedings
Rep. Massey & Sen. Kester
This bill allows a county department that has custody of a child to intervene on behalf of the juvenile upon their request in the juvenile justice system.
Position: Monitor
Current Status: Signed by Governor

HB1123: Runaway Misdemeanor Crime
Sen. Wiens & Rep. Harvey
This bill creates statutory authority for law enforcement to take into temporary custody a child that has run away from home, which shall be discretionary unless the parent or legal guardian has reported the child as a runaway, in which case the law enforcement agency shall take the child into custody.
Position: Monitor
Current Status: Signed by Governor

Religion

HCR1007: Preservation of Religious Freedom
Rep. Cloer & Sen. Brophy
This bill would have amended to the Bill of Rights in the Colorado Constitution that restricts government entities from substantially burdening a person's free exercise of religion unless the government clearly demonstrates that the application of the burden is essential to furthering a compelling governmental interest and is the least restrictive means of doing so. The bill would have authorized declaratory relief, monetary damages and attorney fees and costs for persons who have their free exercise of religion restricted in violation of this section.
Position: Active Monitor
Current Status: Postponed Indefinitely

Seniors

SB021: ID Card Mail Renewal for Seniors
Sen. Sandoval & Rep. Marshall
This bill allows seniors and the disabled to renew ID cards by mail if allowed by federal law and extends the expiration date of such cards to 5 years after they are issued. It requires verification of lawful status in the U.S of the person seeking ID renewal.
Position: Monitor
Current Status: Signed by Governor

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