Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0555.02 Jason Gelender x4330 HOUSE BILL 14-1155
                    HOUSE SPONSORSHIP
 Wright,  Humphrey, Lebsock, Everett, Saine, Salazar, Ferrandino, Holbert, Joshi, Rankin,
 Scott, Sonnenberg
 
                   SENATE SPONSORSHIP
 Ulibarri, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition against assistance by the state with
            enforcement of certain provisions of the federal
            "National Defense Authorization Act for Fiscal Year
            2012".
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits a state agency, a political subdivision of the
       state, or an employee of a state agency or political subdivision of the state
       acting in his or her official capacity from aiding an agency of the armed
       forces of the United States in any investigation, prosecution, or detention
       of any person pursuant to section 1021 of the "National Defense
       Authorization Act for Fiscal Year 2012", if such aid would place the
       entity in violation of any provision of the United States constitution, the
       Colorado constitution, or any law of this state. Employees of the
       department of military and veterans affairs, the civil air patrol, and the
       Colorado national guard are exempt from the prohibition.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add part 3 to article
       18 of title 24 as follows:
                              PART 3
                      NO STATE AID TO CERTAIN
                      FEDERAL INVESTIGATIONS
            24-18-301.  National defense authorization act for fiscal year
       2012 - state aid prohibited. (1) (a)  Except as described in
       subsection (2) of this section, and notwithstanding any other
       provision of law, an entity described in paragraph (b) of this
       subsection (1) shall not provide aid to an agency of the armed
       forces of the United States in any investigation, prosecution, or
       detention of any person pursuant to section 1021 of the federal
       "National Defense Authorization Act for Fiscal Year 2012", H.R.
       1540, Pub.L. 112-81, as amended, if such aid would place the entity
       in violation of any provision of the United States constitution,
       the Colorado constitution, or any law of this state.
            (b)  The prohibition described in paragraph (a) of this
       subsection (1) applies to:
            (I)  An agency of this state;
            (II)  A political subdivision of this state; and
            (III)  An employee of an agency or a political subdivision of
       this state acting in his or her official capacity.
            (2)  Notwithstanding any provision of this section, the
       prohibition described in paragraph (a) of subsection (1) of this
       section shall not apply to:
            (a)  An employee of the department of military and
       veterans affairs created pursuant to section 24-1-127, including
       an employee of any division of the department, an employee of
       the civil air patrol described in article 1 of title 28, C.R.S., and
       an employee of the Colorado national guard described in
       article 3 of title 28, C.R.S.; or
            (b)  Participation by an entity in a joint task force,
       partnership, or other similar cooperative agreement with
       federal law enforcement if the joint task force, partnership, or
       other similar cooperative agreement is not for the purpose of
       investigating, prosecuting, or detaining any person pursuant to
       section 1021 of the federal "National Defense Authorization
       Act for Fiscal Year 2012", H.R. 1540, Pub.L. 112-81, as amended.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.