First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0392.01 Ed DeCecco x4216 SENATE BILL 15-231 SENATE SPONSORSHIP Marble, Grantham, Holbert, Hill, Woods, Aguilar, Crowder, Guzman, Hodge, Jahn, Lambert, Lundberg, Neville T., Scott, Sonnenberg, Steadman, Ulibarri HOUSE SPONSORSHIP Salazar and Everett, Humphrey, Neville P., Klingenschmitt, Ransom, Buck, Dore, Joshi, Lundeen, Melton, Navarro, Nordberg, Rankin, Saine, Singer Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a limitation on the use of force by a regulatory agency, and, in connection therewith, enacting the "Regulatory Agency Demilitarization Act". 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 limits the activities of regulatory agencies in the following manner: Requires a federal regulatory agency to provide local law enforcement agencies with a notice of an impending operation of a special weapons and tactics team, a tactical response team, or other type of specialized unit, which notice must include a copy of the court order authorizing the operation; Prohibits a federal regulatory agency from using a specialized unit, unless it provides this notice; Prohibits a state regulatory agency from purchasing a firearm; Prohibits any person from a state regulatory agency from using a firearm in connection with the exercise of his or her duties on behalf of the agency; and Annually requires the office of the governor to certify to the general assembly that no state regulatory agency has purchased any firearms and to provide information about any specialized units in a state regulatory agency. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 116 to title 24 as follows: ARTICLE 116 Regulatory Agency - Firearms and Reporting 24-116-101. Short title. This article shall be known and may be cited as the "Regulatory Agency Demilitarization Act". 24-116-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Federal regulatory agency" has the same meaning as "federal agency" as set forth in 40 U.S.C. sec. 102, but does not include the following federal agencies and departments: (a) The department of defense; (b) The department of justice; (c) The department of homeland security; (d) The nuclear regulatory commission; (e) The United States capitol police; (f) The bureau of diplomatic security; and (g) The military departments, as defined in 5 U.S.C. sec. 102. (2) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges. (3) "Specialized unit" means a unit that receives special tactical or military-style training or uses hard-plated body armor, shields, or helmets and that responds to high-risk situations that fall outside the capabilities of regular law enforcement officers. A "specialized unit" includes a special weapons and tactics team, tactical response team, special events team, special response team, or an active shooter team. (4) "State regulatory agency" means any department, board, bureau, commission, division, institution, office, or other agency of the executive, legislative, and judicial branch of the state government, excluding the following: (a) The Colorado state patrol created in section 24-33.5-201; (b) The department of corrections; (c) The Colorado bureau of investigation created in section 24-33.5-401; (d) The division of homeland security and emergency management in the department of public safety created in section 24-33.5-1603; (e) Criminal investigative units within the attorney general's office; (f) A campus police agency at a state institution of higher education; and (g) The division of parks and wildlife created pursuant to section 33-9-104, C.R.S. 24-116-103. Federal regulatory agency - specialized unit - notice - ban. (1) At least twenty-four hours prior to using a specialized unit to conduct any type of operation within this state, a federal regulatory agency must provide notice of an impending operation to the county sheriff of the county in which the operation is to occur, and, if it is to occur within an incorporated area, to the police department, town marshal, or other local law enforcement agency of the city or town. The notice must include a copy of the court order that authorizes the specialized unit to conduct the operation. (2) A federal regulatory agency shall not use a specialized unit to conduct any operation within this state, unless the agency first provides the notice required by subsection (1) of this section. 24-116-104. State regulatory agency - firearm prohibition - specialized units report. (1) Beginning thirty days after the effective date of this section, a state regulatory agency shall not purchase a firearm and no person from a state regulatory agency shall use a firearm in connection with the exercise of his or her duties on behalf of the agency. (2) On or before January 1, 2016, and each January 1 thereafter, the office of the governor shall submit a report to the general assembly that: (a) Certifies no state regulatory agency has purchased a firearm or, if not true, identifies any state regulatory agency that has purchased a firearm; (b) Identifies each state regulatory agency that has a specialized unit; and (c) Describes the purpose of the state regulatory agency's specialized unit and identifies the state law that authorizes the unit. (3) The report required by subsection (2) of this section is exempt from the automatic expiration described in section 24-1-136 (11). SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.