SENATE 3rd Reading Unamended February 23, 2016 SENATE 2nd Reading Unamended February 22, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0251.01 Richard Sweetman x4333SENATE BILL 16-048 SENATE SPONSORSHIP Marble, Cooke, Ulibarri HOUSE SPONSORSHIP Saine and Salazar, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning requiring federal regulatory agencies to provide notice before using special units to conduct operations within the state. 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.) At least 24 hours before using a specialized unit to conduct any type of operation within this state, a federal regulatory agency must provide notice of the 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 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. 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 Federal Regulatory Agency Operations 24-116-101. Federal regulatory agency - specialized unit - notice - ban - definitions. (1) At least twenty-four hours before 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 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. (3) As used in this section, unless the context otherwise requires: (a) "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: (I) The department of defense; (II) The department of justice; (III) The department of homeland security; (IV) The nuclear regulatory commission; (V) The United States capitol police; (VI) The bureau of diplomatic security; and (VII) The military departments, as defined in 5 U.S.C. sec. 102. (b) "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. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.