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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0699.01 JBB SENATE BILL 98­138

STATE OF COLORADO

BY SENATOR Rizzuto;

also REPRESENTATIVE Entz.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING THE TERMINATION OF EMERGENCY POWERS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Terminates on July 1, 2003, all emergencies declared in the state on or before January 1, 1998, that resulted in the exercise of emergency powers by any branch, agency, or employee of the state.

Establishes in the department of local affairs the Colorado commission on the termination of emergency powers to study what powers are exercised in the state due to emergencies no longer in existence. Directs the president of the senate and the speaker of the house of representatives to each appoint by September 1, 1998, 3 members of the commission. Requires that at least 2 members of the commission be members of the general assembly and that 2 members be from the public with knowledge concerning the use of emergency powers. Sets 2­year terms for members of the commission. Requires the commission to report to the chairs of the state veterans and military affairs committees of the senate and house of representatives by December 1 of each year on legislation necessary to terminate emergency powers. Terminates the commission as of January 1, 2004.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 20 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­20­110.  Termination of emergency powers ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES:

(a)  IN 1933, CONGRESS ADOPTED THE "EMERGENCY BANKING RELIEF ACT OF MARCH 9, 1933", PUBLIC LAW 73­1, THAT GRANTED ADDITIONAL POWER TO THE PRESIDENT TO DEAL WITH THE THEN EXISTING GREAT DEPRESSION. AT OR ABOUT THE SAME TIME, SIMILAR POWERS WERE GRANTED TO THE GOVERNOR OF COLORADO AND OTHER GOVERNORS THROUGHOUT THE COUNTRY.

(b)  ALTHOUGH THE GREAT DEPRESSION ENDED MANY DECADES AGO, SOME EXTRAORDINARY POWERS GRANTED TO THE PRESIDENT, THE GOVERNOR, AND OTHER MEMBERS OF GOVERNMENT DURING THE GREAT DEPRESSION HAVE NEVER BEEN REPEALED;

(c)  THE USE AND POTENTIAL ABUSES OF THESE POWERS POSE A THREAT TO THE WELFARE OF THE CITIZENS OF THIS STATE;

(d)  AS OF THE EFFECTIVE DATE OF THIS SECTION, NO EMERGENCIES EXIST IN COLORADO THAT REQUIRE THE EXERCISE OF EXTRAORDINARY POWERS.

(2)  ON JULY 1, 2003, ALL EMERGENCIES DECLARED TO EXIST PRIOR TO JANUARY 1, 1998, BY ANY BRANCH OF GOVERNMENT OF THE STATE THAT RESULTED IN THE USE OF EXTRAORDINARY POWER BY THE GOVERNOR, ANY AGENCY OF THE STATE, OR ANY EMPLOYEE OF THE STATE ARE TERMINATED.

SECTION 2.  Article 32 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 30

TERMINATION OF EMERGENCY POWERS

24­32­3001.  Commission on emergency powers ­ creation ­ repeal. (1) THERE IS HEREBY CREATED IN THE DEPARTMENT OF LOCAL AFFAIRS THE COLORADO COMMISSION ON THE TERMINATION OF EMERGENCY POWERS, REFERRED TO IN THIS PART 30 AS THE "COMMISSION", WHICH SHALL CONSIST OF SIX MEMBERS. VACANCIES SHALL BE FILLED BY APPOINTMENT OF THE APPOINTING AUTHORITY. THE COMMISSION SHALL STUDY WHAT POWERS ARE EXERCISED BY THE DEPARTMENTS, AGENCIES, AND EMPLOYEES OF STATE GOVERNMENT DUE TO DECLARED AND UNDECLARED EMERGENCIES AND HOW TO TERMINATE SUCH POWERS ON OR BEFORE JULY 1, 2003, PURSUANT TO SECTION 24­20­110.

(2) (a)  THREE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, AND THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. AT LEAST TWO MEMBERS OF THE COMMISSION SHALL BE MEMBERS OF THE GENERAL ASSEMBLY, AND AT LEAST TWO MEMBERS OF THE COMMISSION SHALL BE FROM THE PUBLIC AT LARGE AND SHALL HAVE KNOWLEDGE OR EXPERIENCE IN THE STUDY OF EMERGENCY POWERS IN THE STATE.

(b)  THE FIRST APPOINTMENTS TO THE COMMISSION SHALL BE MADE ON OR BEFORE JULY 1, 1998.

(3)  THE MEMBERS OF THE COMMISSION SHALL NOT BE ENTITLED TO RECEIVE A PER DIEM BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

(4) (a)  THE COMMISSION SHALL PREPARE AND TRANSMIT A REPORT AND ITS RECOMMENDATIONS TO THE CHAIRS OF THE STATE, VETERANS, AND MILITARY AFFAIRS COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES ON OR BEFORE DECEMBER 1 OF EACH YEAR CONCERNING LEGISLATION NECESSARY TO TERMINATE EMERGENCY POWERS BY JULY 1, 2003, PURSUANT TO SECTION 24­20­110.

(b)  LEGISLATION RECOMMENDED BY THE COMMISSION SHALL BE TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY.

(5)  THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2004.

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.