First Regular Session
Sixty-first General Assembly
LLS NO. 970454.01 DFH
HOUSE BILL 971296
STATE OF COLORADO
BY REPRESENTATIVE Kreutz;
also SENATOR Dennis.
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE WITHHOLDING OF PUBLIC MONEYS PAYABLE
TO INDIVIDUALS WHO ARE THE SUBJECT OF OUTSTANDING ARREST WARRANTS
FOR FELONY OFFENSES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Directs the department of labor and employment to withhold worker's compensation benefits and unemployment compensation benefits payable to persons who have been determined to have outstanding felony arrest warrants. Directs the state personnel director to withhold wages and salaries payable to state employees who have been determined to have outstanding felony arrest warrants. Directs the department of human services to withhold public assistance benefits payable to persons who have been determined to have outstanding felony arrest warrants. Requires such withholding based upon information obtained through location matches authorized by current law. Directs that moneys be withheld until the individual can provide proof to the applicable state agency that he or she has appeared in court or made his or her whereabouts known to the appropriate law enforcement agency.
Prior to any withholding, mandates that written notice be given to the affected party of the intent to withhold payments and of the right to request a hearing regarding the withholding.
Requires the department of labor and employment,
the state personnel director, and the department of human services
to provide a report on or before August 1, 1997, to the house
and senate judiciary committees of the general assembly concerning
the progress toward and the results of implementing the statutes
governing the release of location information concerning individuals
with outstanding felony arrest warrants to the Colorado bureau
of investigation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 847203.3, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
847203.3. Release of location information concerning individuals with outstanding felony arrest warrants withholding of benefits. (1) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the division shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The division and the bureau shall determine and employ the most costeffective method for obtaining and providing location information pursuant to this section. Neither the division nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this subsection (1).
(2) As used in subsection
(1) of this section, "law enforcement
agency" means any agency of the state or its political subdivisions
that is responsible for enforcing the laws of this state. "Law
enforcement agency" includes but is not limited to any police
department, sheriff's department, district attorney's office,
the office of the state attorney general, and the Colorado bureau
of investigation.
(3) THE DIVISION SHALL WITHHOLD THE PAYMENT OF ANY WORKERS' COMPENSATION BENEFITS PAYABLE TO ANY PERSON WHO HAS BEEN IDENTIFIED THROUGH THE PROCESS OUTLINED IN SUBSECTION (1) OF THIS SECTION AS BEING THE SUBJECT OF AN OUTSTANDING FELONY ARREST WARRANT UNTIL THE PERSON PROVIDES PROOF TO THE DIVISION THAT HE OR SHE HAS MADE HIS OR HER WHEREABOUTS KNOWN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR APPEARED BEFORE THE APPROPRIATE COURT. PRIOR TO WITHHOLDING BENEFITS, THE DIVISION SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE DIVISION'S INTENT TO WITHHOLD BENEFITS AND THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF BENEFITS PURSUANT TO THIS SUBSECTION (3).
(4) THE DIVISION SHALL SUBMIT ON OR BEFORE AUGUST 1, 1997, TO THE HOUSE AND SENATE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY A REPORT DETAILING THE PROGRESS TOWARD AND THE RESULTS OF IMPLEMENTING SUBSECTION (1) OF THIS SECTION.
SECTION 2. 872111, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
872111. Release of location information concerning individuals with outstanding felony arrest warrants withholding of benefits. (1) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the division shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The division and the bureau shall determine and employ the most costeffective method for obtaining and providing location information pursuant to this section. Neither the division nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this subsection (1).
(2) As used in subsection
(1) of this section, "law enforcement
agency" means any agency of the state or its political subdivisions
that is responsible for enforcing the laws of this state. "Law
enforcement agency" includes but is not limited to any police
department, sheriff's department, district attorney's office,
the office of the state attorney general, and the Colorado bureau
of investigation.
(3) THE DIVISION SHALL WITHHOLD THE PAYMENT OF ANY UNEMPLOYMENT COMPENSATION BENEFITS PAYABLE TO ANY PERSON WHO HAS BEEN IDENTIFIED THROUGH THE PROCESS OUTLINED IN SUBSECTION (1) OF THIS SECTION AS BEING THE SUBJECT OF AN OUTSTANDING FELONY ARREST WARRANT UNTIL THE PERSON PROVIDES PROOF TO THE DIVISION THAT HE OR SHE HAS MADE HIS OR HER WHEREABOUTS KNOWN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR APPEARED BEFORE THE APPROPRIATE COURT. PRIOR TO WITHHOLDING BENEFITS, THE DIVISION SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE DIVISION'S INTENT TO WITHHOLD BENEFITS AND THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF BENEFITS PURSUANT TO THIS SUBSECTION (3).
(4) THE DIVISION SHALL SUBMIT ON OR BEFORE AUGUST 1, 1997, TO THE HOUSE AND SENATE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY A REPORT DETAILING THE PROGRESS TOWARD AND THE RESULTS OF IMPLEMENTING SUBSECTION (1) OF THIS SECTION.
SECTION 3. 2450127, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:
2450127. Employee records release of location information concerning individuals with outstanding felony arrest warrants withholding of wages or salary state personnel director's duties. (1) The state personnel director shall maintain full records of the proceedings of the board, the examination record of every candidate, and the employment record of every employee. In addition, the state personnel director shall establish and maintain a personnel data inventory of all employees in the personnel system, which inventory shall contain such items as education, training, skills, and other pertinent data. The state personnel director shall make available such data to department heads for the most efficient utilization of the state's manpower.
(2) (a) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state personnel director or the director's designee shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state personnel director or the director's designee and the bureau shall determine and employ the most costeffective method for obtaining and providing location information pursuant to this section. Neither the state personnel director, the director's designee, nor the division's employees or agents shall be liable in civil action for providing information in accordance with the provisions of this paragraph (a).
(b) As used in paragraph
(a) of this subsection (2), "law
enforcement agency" means any agency of the state or its
political subdivisions that is responsible for enforcing the laws
of this state. "Law enforcement agency" includes but
is not limited to any police department, sheriff's department,
district attorney's office, the office of the state attorney general,
and the Colorado bureau of investigation.
(c) THE STATE PERSONNEL DIRECTOR SHALL WITHHOLD THE PAYMENT OF ANY WAGES OR SALARY PAYABLE TO ANY PERSON WHO HAS BEEN IDENTIFIED THROUGH THE PROCESS OUTLINED IN PARAGRAPH (a) OF THIS SUBSECTION (2) AS BEING THE SUBJECT OF AN OUTSTANDING FELONY ARREST WARRANT UNTIL THE PERSON PROVIDES PROOF TO THE STATE PERSONNEL DIRECTOR THAT HE OR SHE HAS MADE HIS OR HER WHEREABOUTS KNOWN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR APPEARED BEFORE THE APPROPRIATE COURT. PRIOR TO WITHHOLDING WAGES OR SALARY, THE STATE PERSONNEL DIRECTOR SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE STATE PERSONNEL DIRECTOR'S INTENT TO WITHHOLD WAGES OR SALARY AND THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF WAGES OR SALARY PURSUANT TO THIS PARAGRAPH (c).
(d) THE STATE PERSONNEL DIRECTOR SHALL SUBMIT ON OR BEFORE AUGUST 1, 1997, TO THE HOUSE AND SENATE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY A REPORT DETAILING THE PROGRESS TOWARD AND THE RESULTS OF IMPLEMENTING PARAGRAPH (a) OF THIS SUBSECTION (2).
SECTION 4. 261114 (3) (a) (III), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:
261114. Records confidential authorization to obtain records of assets release of location information to law enforcement agencies outstanding felony arrest warrants withholding of public assistance. (3) (a) (III) (A) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the state department. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state department and the bureau shall determine and employ the most costeffective method for obtaining and providing location information pursuant to this section. Neither the state department nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this subsubparagraph (A).
(B) As used in subsubparagraph
(A) of this subparagraph (III), "law
enforcement agency" means any agency of the state or its
political subdivisions that is responsible for enforcing the laws
of this state. "Law enforcement agency" includes but
is not limited to any police department, sheriff's department,
district attorney's office, the office of the state attorney general,
and the Colorado bureau of investigation.
(C) THE STATE DEPARTMENT SHALL WITHHOLD THE PAYMENT OF ANY PUBLIC ASSISTANCE AS DEFINED IN SECTION 262103 (7) PAYABLE TO ANY PERSON WHO HAS BEEN IDENTIFIED THROUGH THE PROCESS OUTLINED IN SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (III) AS BEING THE SUBJECT OF AN OUTSTANDING FELONY ARREST WARRANT UNTIL THE PERSON PROVIDES PROOF TO THE STATE DEPARTMENT THAT HE OR SHE HAS MADE HIS OR HER WHEREABOUTS KNOWN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR APPEARED BEFORE THE APPROPRIATE COURT. PRIOR TO WITHHOLDING THE PAYMENT OF PUBLIC ASSISTANCE, THE STATE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE STATE DEPARTMENT'S INTENT TO WITHHOLD PUBLIC ASSISTANCE AND THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF PUBLIC ASSISTANCE PURSUANT TO THIS SUBSUBPARAGRAPH (C).
(D) THE STATE DEPARTMENT SHALL SUBMIT ON OR BEFORE AUGUST 1, 1997, TO THE HOUSE AND SENATE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY A REPORT DETAILING THE PROGRESS TOWARD AND THE RESULTS OF IMPLEMENTING SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (III).
SECTION 5. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to the distribution of public moneys to be made on or after said date.
SECTION 6. 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.