Key Bills

Colorado 2010: Civil Liberties in the Legislature

Want to see how your elected officials fared last year when it came to defending civil liberties? Check out the 2009 Eye on Colorado Legislative scorecard here.

Key Terms

Actively Support: We actively lobbied or testified in support of the bill..
Support: We supported the bill but did not testify on it.
Actively Oppose: We actively lobbied or testified to defeat the bill.
Oppose: We opposed the bill but did not testify on it.
Monitor: We kept an eye on the bill as it has a potential impact on civil liberties.

Read the Actual Bill

You can search for a specific bill at the very handy State Bill Colorado website.

Bills we feel strongly about:
A list of bills we're supporting, opposing, or trying to amend. Postponed Indefinitely is legislative-speak for "killed in committee"

We don't issue written statements on all of the bills that we lobby, often we have a speaker address the legislators directly, but if we do write a statement, you can read it here.

HB1008 - No Gender Individual Health Insurance Rates
HB1021 - Required Coverage For Reproductive Services
HB1201 - Consent To Search Advisement
HB1261 - Unborn Victims of Violence - Postponed Indefinitely
HB1269 - Workplace Fairness Civil Remedies Act
SB179 - Voting Rights For Those In Criminal Justice System
SB084 - Peace Officers Bill Of Rights
DOC Budget Request - (the prison funding request)
SB089 - Public Schools Religious Bill Of Rights - Postponed Indefinitely
SB113 - First Degree Murder Of A Fetus - Postponed Indefinitely

 

HB1008: No Gender Individual Health Insurance Rates
Sponsors: Rep. Schafer and Rep. McCann & Sen. Carroll M. and Sen Schwartz
Health Care Task Force. The bill prohibits carriers from using gender as a basis for varying
premium rates for individual health insurance policies and declares premium rates based on
gender to be unfairly discriminatory.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Health and Human Services
02/04/2010 House Committee on Health and Human Services Refer Amended to House floor. 02/22/2010 Passes House.

HB1012: Limiting Surveillance of Workers Comp Claim Submitters
Sponsors: Rep. Pace & Sen. Carroll M
Interim Committee to Study Issues Related to Pinnacol Assurance. Section 1 of the bill:
* Prohibits an insurer or employer from conducting surveillance of an employee who has
submitted a workers' compensation claim unless the insurer or employer has a reasonable basis
to suspect that the employee has committed fraud or made a material misstatement concerning
the claim;
* Allows the employee to request an expedited hearing before a prehearing administrative law
judge;
* Requires the insurer or employer to provide all materials collected during the surveillance to
the injured worker and to destroy all materials collected during the surveillance unless the
materials are reasonably necessary to resolve an ongoing claim of fraud;
* Requires persons conducting surveillance to answer the employee's questions truthfully; and
* Creates a $1,000-per-day penalty for violations. Section 2 of the bill:
* Directs the prehearing administrative law judge to issue an injunction against the surveillance
unless the insurer or employer shows that it has a reasonable basis to suspect that the employee
has committed fraud or made a material misstatement concerning the claim; and
* Allows the identity of a witness or whistleblower who provides evidence in good faith to be
withheld or limited to an in camera review.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Judiciary

HB1021: Required Coverage For Reproductive Services
Sponsors: Rep. Frangas and Rep. McCann & Sen. Foster
Health Care Task Force. The bill requires entities issuing individual sickness and accident
insurance policies in this state to provide the same coverage for maternity care as is currently
mandated for all group sickness and accident insurance policies. The bill also requires both
individual and group policies to provide coverage for pregnancy management, including
contraceptive counseling, drugs, and devices. The bill excludes abortion procedures and services
from pregnancy management.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Business Affairs and Labor
  02/03/2010 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole

HB1201: CONSENT TO SEARCH ADVISEMENT
Sponsors: Rep. Middleton & Sen. Steadman
Before conducting a consensual search of a car, a person in the care, a home, or a pedestrian, the bill requires a peace officer to read a statement related to consent to the search and obtain the person's written consent to the search. The consent applies only to searches for which there is otherwise no legal basis.
ACLU Position: Active Support
Current Status: 01/25/2010 Introduced In House - Assigned to Judiciary
02/04/2010 House Committee on Health and Human Services Refer Amended to House floor. 02/22/2010 Passes House Judiciary; Refer Amended to House floor.
02/26/2010 Passes House 2nd Reading

HB1261 UNBORN VICTIMS OF VIOLENCE ACT
Sponsors: Rep. Bradford and Rep. Summers
The bill creates a new statutory part that addresses violent acts against an unborn child and includes the
following crimes:
*Murder of an unborn child; and
*Voluntary manslaughter of an unborn child.
An unborn child is defined as 16 weeks or older. The bill describes acts that do not constitute crimes under the new part.
ACLU Position: Active Oppose
Current Status: House Judiciary

HB1269 Workplace Fairness Civil Remedies Act
Sponsors: Rep. Levy and Sen. Carroll
Current law does not allow an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a lawsuit alleging a discriminatory or unfair employment practice under state law. While federal employment antidiscrimination laws allow such damages and reasonable attorney fees and costs, only employers who employ 15 or more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages or to recover reasonable attorney fees and costs when they prove a case of employment discrimination. The bill establishes the "Workplace Fairness and Civil Rights and Remedies Act of 2010", which would allow the additional remedies of compensatory and punitive damages in employment discrimination cases brought under state law. These damages would be in addition to the remedies allowed under current law, namely, front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief that may be awarded. Compensatory damages are to compensate a plaintiff for other pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. If the plaintiff shows by a preponderance of the evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff, the plaintiff may recover punitive damages. The bill caps the overall damages, including both compensatory and punitive, if applicable, that may be awarded to a plaintiff, based on the size of the employer defendant, as follows:
* For employers with 14 or fewer employees, not more than $25,000;
* For employers with between 15 and 100 employees, not more than $50,000;
* For employers with between 101 and 200 employees, not more than $100,000;
* For employers with between 201 and 500 employees, not more than $200,000; and
* For employers with more than 500 employees, not more than $300,000. When a plaintiff claims compensatory or punitive damages in a civil lawsuit, either party to the action is entitled to demand a jury trial. If the case is tried by a jury, the court is not to inform the jury of the damage caps. Additionally, the court may award the prevailing party reasonable attorney fees and costs. In the first year after the bill takes effect, compensatory and punitive damages and reasonable attorney fees and costs would only be available against an employer with 15 or more employees. For actions accruing on or after August 11, 2011, these remedies would be available against any employer, regardless of the number of employees it employs.
ACLU Position: Active Support
Current Status:02/05/2010 Introduced In House - Assigned to Judiciary
02/05/2010 Introduced In House - Assigned to Judiciary + Appropriations
03/01/2010 House Committee on Judiciary Refer Amended to Appropriations

SB084: PEACE OFFICERS BILL OF RIGHTS
Sen. Tochtrop & Rep. Gagliardi
While individual law enforcement agencies in the state may have adopted civil service systems or may be a part of a collective bargaining process that establishes rights of peace officers, there is no consistency among state and local governments who hire peace officers for law enforcement duties (employing agencies). The bill establishes minimum standards that all employing agencies must provide to peace officers as part of their employment regarding:
* A peace officer's ability to engage in political activity;
* Entry of adverse comments in a peace officer's personnel records;
* Participation in employee organizations;
* Bringing suit arising out of the performance of a peace officer's duties;
* Truth verification tests;
* Public statements regarding internal investigations;
* Tests of blood, breath, or urine;
* Arrest quotas;
* Internal noncriminal investigations;
* Predisciplinary administrative hearings;
* Availability of a third-party review of major disciplinary decisions; and
* Discipline.
ACLU Position: Active Amend
Current Status: 01/20/2010 Introduced In Senate - Assigned to Judiciary

SB 089: Public Schools Religious Bill Of Rights
Sponsors: Rep. Sonnenberg & Sen. Schultheis
The bill establishes the "Religious Bill of Rights for Individuals Connected to Public Schools Act" (act), which requires the state board of education (state board) to adopt a religious bill of rights for public school students and parents and a religious bill of rights for public school teachers and employees (religious bills of rights) outlining each party's respective inalienable individual religious rights. The state board shall distribute the religious bills of rights to school district boards of education (local boards), and each local board shall adopt policies and procedures to implement the act, including the annual distribution of the religious bills of rights to students, parents, teachers, and employees of the school district. Additionally, local boards of education shall provide opt-out provisions to individuals for classes or course materials that are in conflict with the individual's religious beliefs. The bill provides that individual members of local boards are personally liable for lawsuits brought under the act if the local board fails to adopt policies and procedures to implement the act or to ensure compliance with the act.
ACLU Position: Active Oppose
Current Status: 01/20/2010 Introduced In Senate - Assigned to Judiciary
Wednesday, February 3, 1:30 P.M. SCR 352 (2) in senate calendar.


SB 113: First Degree Murder Of A Fetus
Sponsors: Rep. Nikkel & Sen. Schultheis
Makes killing a fetus in certain circumstances a class 1 felony. Makes the following exceptions to a charge involving the killing of a fetus:
* That the defendant was providing medical treatment to which the mother of the fetus consented; or
* That the act was committed by a physician in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not. Makes a 5-year appropriation..
ACLU Position: Active Oppose
Current Status: 01/22/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs

SB 179: Voting Rights For Those In Criminal Justice System
Sponsors: Sen. Steadman
Existing law prohibits a person serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction or serving a sentence of parole from being eligible to register to vote or to vote in any election. Section 3 of the bill clarifies that a person on inmate status for a felony conviction is not eligible to register to vote or to vote in any election. Section 3 further permits any individual who is not on inmate status to register or vote in any election. Section 2 of the bill clarifies that inmate status does not include an individual who is no longer confined involuntarily in a municipal, county, or state prison, jail, detention facility, or other location while serving a sentence of parole. Section 2 also delineates various circumstances affecting offenders that do not constitute inmate status. Section 4 of the bill places duties upon county sheriffs, probation officers, parole officers, administrators of juvenile facilities, and administrators of community corrections programs to facilitate the registration for voting purposes of, and voting by, an individual not on inmate status who is in the custody of such official or assigned to the facility the official administers. Section 4 further specifies that such duties shall include advising the individual of his or her voting rights, providing the individual with information as to the manner in which the individual may register and cast a ballot, providing the individual with voter information materials, and, in applicable cases, ensuring that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official. Section 4 also exempts county sheriffs or their designees from any restriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official. Sections 5 through 9 of the bill make conforming amendments to the statutory provisions governing the powers and duties of county sheriffs, probation officers, parole officers, and administrators of community corrections programs and juvenile facilities. Sections 10 and 11 of the bill make conforming amendments that would allow confined prisoners awaiting trial to register and vote in municipal elections.
ACLU Position: Active Support
Current Status:03/03/2010 Introduced In Senate - Assigned to Judiciary

DOC Budget Request - (the prison funding request)
While not technically a bill in its own right, this Friday, March 12, the Joint Budget Committee will be finalizing the Department of Corrections (DOC) budget for the upcoming fiscal year. As part of its 2010-2011 budget request, the DOC is asking for $10.8 million to open one administrative segregation tower at the Colorado State Penitentiary II (CSP 2). This request is stunning because it comes on the heels of recent cuts for prison vocational and educational programs ($3 million) and wrap-around services for parolees ($1.8 million). DOC officials claim the "super-max" beds in this new tower are needed to protect prison staff and to prevent prisoner-on-prisoner violence, but the DOC's own statistics don't support its claim. DOC needs more mental-health services and more well-trained staff, not more super-max beds. Read more about our position here.
ACLU Position: Active Oppose
Current Status: 03/12/2010 Final Discussion by Joint Budget Committee.

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