First Regular Session
Sixty-first General Assembly
LLS NO. 970827.01D DFH
HOUSE BILL 971356
STATE OF COLORADO
BY REPRESENTATIVE Kreutz;
also SENATOR Dennis.
ENGROSSED
JUDICIARY
APPROPRIATIONS
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, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.
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 unemployment compensation benefits from and to issue an order to the workers' compensation carrier to withhold workers' compensation benefits payable to persons who have been determined to have outstanding felony arrest warrants. Directs the department of human services to withhold public assistance benefits, including benefits under the successor program to AFDC, payable to any person who has been determined to be a fugitive felon, parole violator, or probation violator or the subject of an outstanding felony arrest warrant. Requires such withholding based upon information obtained through location matches authorized by current law. Directs that moneys be withheld until the person 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. Mandates that no person whose moneys are withheld will be able to recover, recoup, or otherwise retroactively be entitled to those withheld moneys.
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 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 provision 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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON WHO IS OTHERWISE ENTITLED TO BENEFITS UNDER ARTICLES 40 TO 47 OF THIS TITLE SHALL NEITHER RECEIVE NOR BE ENTITLED TO SUCH BENEFITS FOR ANY WEEK AFTER SUCH PERSON HAS BEEN NOTIFIED BY THE DIVISION THAT HE OR SHE HAS BEEN IDENTIFIED THROUGH THE PROCESS OUTLINED IN SUBSECTION (1) OF THIS SECTION AS BEING THE SUBJECT OF AN OUTSTANDING FELONY ARREST WARRANT UNDER THE LAWS OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES.
(4) WHEN THE CIRCUMSTANCE SPECIFIED IN SUBSECTION (3) OF THIS SECTION EXISTS, THE DIVISION SHALL ISSUE AN ORDER TO THE WORKERS' COMPENSATION CARRIER DIRECTING THE CARRIER TO CEASE PAYING BENEFITS TO THE PERSON. A COPY OF SUCH ORDER SHALL BE SENT TO ALL OF THE INTERESTED PARTIES. PRIOR TO ISSUING SUCH AN ORDER, THE DIVISION SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE DIVISION'S INTENT TO ISSUE AN ORDER TO WITHHOLD BENEFITS AND OF THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF BENEFITS PURSUANT TO THIS SUBSECTION (4). THE PERSON SHALL HAVE THIRTY DAYS AFTER THE NOTICE IS MAILED TO PRESENT 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, AND AFTER SUCH PROOF IS PRESENTED THE PERSON SHALL BE RESTORED TO THE SAME POSITION WITH RESPECT TO ENTITLEMENT TO BENEFITS UNDER ARTICLES 40 TO 47 OF THIS TITLE AS SAID PERSON WOULD OTHERWISE HAVE RECEIVED IF THERE HAD NOT BEEN AN OUTSTANDING FELONY ARREST WARRANT ISSUED AGAINST THE PERSON. HOWEVER, SAID PERSON SHALL NOT BE ABLE TO RECOVER, RECOUP, OR OTHERWISE BE RETROACTIVELY ENTITLED TO ANY OF THE BENEFITS TO WHICH THE PERSON WOULD HAVE BEEN ENTITLED WITHOUT THE LIMITATION SPECIFIED IN SUBSECTION (3) OF THIS SECTION. IF THE ARREST WARRANT IS DETERMINED TO BE INVALID OR TO IDENTIFY A PERSON OTHER THAN THE BENEFICIARY, ANY BENEFITS SUSPENDED PURSUANT TO THIS SUBSECTION (4) SHALL BE RESTORED TO SUCH PERSON. (5) 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. 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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO PERSON SHALL RECEIVE OR BE ENTITLED TO BENEFITS UNDER ARTICLE 2 OF THIS TITLE 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 UNDER THE LAWS OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES. PRIOR TO WITHHOLDING BENEFITS, THE STATE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OF THE STATE DEPARTMENT'S INTENT TO WITHHOLD BENEFITS AND OF THE RIGHT TO REQUEST A HEARING REGARDING THE WITHHOLDING OF BENEFITS PURSUANT TO THIS SUBSECTION (3). THE PERSON SHALL HAVE THIRTY DAYS AFTER THE NOTICE IS MAILED TO PRESENT 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, AND AFTER SUCH PROOF IS PRESENTED THE PERSON SHALL BE RESTORED TO THE SAME POSITION WITH RESPECT TO BENEFITS UNDER ARTICLE 2 OF THIS TITLE AS SAID PERSON WOULD OTHERWISE HAVE RECEIVED IF THERE HAD NOT BEEN AN OUTSTANDING FELONY ARREST WARRANT ISSUED AGAINST THE PERSON. HOWEVER, SAID PERSON SHALL NOT BE ABLE TO RECOVER, RECOUP, OR OTHERWISE BE RETROACTIVELY ENTITLED TO ANY OF THE BENEFITS TO WHICH THE PERSON WOULD HAVE RECEIVED WITHOUT THE LIMITATION SPECIFIED IN THIS SUBSUBPARAGRAPH (C). IF THE ARREST WARRANT IS DETERMINED TO BE INVALID OR TO IDENTIFY A PERSON OTHER THAN THE RECIPIENT, ANY BENEFITS SUSPENDED PURSUANT TO THIS SUBSUBPARAGRAPH (C) SHALL BE RESTORED TO SUCH PERSON.
(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 3. Adjustments to the 1997 Long Bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1997, shall be adjusted as follows:
(a) The appropriation to the department of human services, self-sufficiency, assistance payments, old age pension program, is decreased by seven thousand four hundred eleven dollars ($7,411) cash funds.
(b) The appropriation to the department of human services, self sufficiency, assistance payments, grant payments, aid to the needy disabled state supplemental grants, is decreased by forty-nine thousand two hundred thirty dollars ($49,230). Of said sum, thirty-nine thousand three hundred eighty-four dollars ($39,384) shall be from the general fund, and nine thousand eight hundred forty-six dollars ($9,846) shall be from cash funds exempt.
(c) The appropriation to the department of human services, self sufficiency, assistance payments, grant payments, aid to the needy disabled state-only grants, is decreased by twenty-nine thousand eight hundred seventy-five dollars ($29,875). Of said sum, twenty-three thousand nine hundred dollars ($23,900) shall be from the general fund, and five thousand nine hundred seventy-five dollars ($5,975) shall be from cash funds exempt.
SECTION 4. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for the fiscal year beginning July 1, 1997, the sum of forty-one thousand seventy dollars ($41,070). Of this amount, the sum of thirty-eight thousand ninety-six dollars ($38,096) and 0.3 FTE, or so much thereof as may be necessary for the implementation of this act, shall be from any moneys in the general fund not otherwise appropriated, and the sum of two thousand nine hundred seventy-four ($2,974) and 0.1 FTE, or so much thereof as may be necessary for the implementation of this act, shall be from cash funds exempt.
(2) In addition to any other appropriation, there is hereby appropriated, to the department of labor and employment, out of moneys in the workers' compensation cash fund not otherwise appropriated, for the fiscal year beginning July 1, 1997, the sum of five thousand three hundred thirty-five dollars ($5,335).
(3) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the fiscal year beginning July 1, 1997, the sum of two thousand one hundred thirty-five dollars ($2,135), or so much thereof as may be necessary for the provision of legal services to the department of labor and employment for the purposes of this act. Such sum shall be from cash funds exempt received from the department of labor and employment out of the appropriation made in subsection (2) of this section.
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.