HOUSE BILL 971224
BY REPRESENTATIVES Lawrence, Paschall, Sullivant, Bacon, Dean, Lamborn, and Reeser;
also SENATORS Ament, Powers, and Schroeder.
CONCERNING THE ESTABLISHMENT OF THE "FREEDOM
OF LEGISLATIVE AND JUDICIAL ACCESS ACT".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Title
8, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 2.5
Freedom of Legislative and Judicial Access Act
82.5101. Unlawful to prevent
legislative and judicial access to employees.
(1) (a) IT IS UNLAWFUL FOR ANY PERSON TO ADOPT OR ENFORCE
ANY RULE, REGULATION, OR POLICY FORBIDDING OR PREVENTING ANY OF
ITS EMPLOYEES, FRANCHISEES, OR AGENTS OR ENTITIES UNDER ITS CONTROL
OR OVERSIGHT FROM, OR TO TAKE ANY ACTION AGAINST ITS EMPLOYEES,
FRANCHISEES, OR AGENTS OR ENTITIES UNDER ITS CONTROL OR OVERSIGHT
SOLELY FOR, TESTIFYING BEFORE A COMMITTEE OF THE GENERAL ASSEMBLY
OR A COURT OF LAW OR SPEAKING TO A MEMBER OF THE GENERAL ASSEMBLY
AT THE REQUEST OF SUCH COMMITTEE, COURT, OR MEMBER REGARDING ANY
ACTION, POLICY, RULE, REGULATION, PRACTICE, OR PROCEDURE OF ANY
PERSON OR REGARDING ANY GRIEVANCE RELATING THERETO.
(b) THE PROHIBITION IN PARAGRAPH (a) OF
THIS SUBSECTION (1) SHALL NOT APPLY TO TESTIMONY BEFORE A COMMITTEE
OF THE GENERAL ASSEMBLY OR A COURT OF LAW THAT DISCLOSES CONFIDENTIAL,
PROPRIETARY, OR OTHERWISE PRIVILEGED INFORMATION OF ANY PERSON.
(2) (a) AN EMPLOYEE MAY RECOVER DAMAGES,
INCLUDING REASONABLE ATTORNEY FEES, FROM ANY PERSON FOR INJURIES
SUFFERED THROUGH A VIOLATION OF THIS SECTION.
(b) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO PROHIBIT AN EMPLOYEE FROM PURSUING ANY OTHER RIGHT OF ACTION
PERMITTED PURSUANT TO LAW FOR INJURIES SUFFERED THROUGH A VIOLATION
OF THIS SECTION.
(3) NOTHING IN THIS SECTION SHALL OBLIGATE
ANY PERSON TO COMPENSATE AN EMPLOYEE FOR TIME SPENT TESTIFYING
BEFORE A COMMITTEE OF THE GENERAL ASSEMBLY OR A COURT OF LAW OR
SPEAKING TO A MEMBER OF THE GENERAL ASSEMBLY AT THE REQUEST OF
SUCH COMMITTEE, COURT, OR MEMBER REGARDING ANY ACTION, POLICY,
RULE, REGULATION, PRACTICE, OR PROCEDURE OF ANY PERSON OR REGARDING
ANY GRIEVANCE RELATING THERETO.
(4) FOR PURPOSES OF THIS SECTION, "PERSON"
MEANS A CORPORATION, A LIMITED LIABILITY COMPANY, A PARTNERSHIP,
AN ASSOCIATION, A FIRM, A STATE AGENCY AS DEFINED IN SECTION 2450.5102
(4), C.R.S., A COUNTY, A CITY AND COUNTY, A MUNICIPALITY, A FEDERAL
AGENCY, AN INDIVIDUAL, OR ANY OFFICER OR AGENT THEREOF.
SECTION 2. Effective date
applicability. This act shall
take effect upon passage and shall apply to violations committed
on or after said date.
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO