HB 26-1422

HB 26-1422 is a Colorado bill that enhances security measures for government officials and entities. It creates a new position called the administrator of legislative safety to oversee personal security for members of the legislature and other specified individuals. The bill also expands protection by the Colorado State Patrol in state capitol buildings, clarifies jurisdictional roles between local and state law enforcement, and adds protections against online publication of personal information for elected officials and their families. Additionally, it updates financial disclosure requirements to better protect personal details. Signed into law, this bill aims to ensure the safety and privacy of government officials while maintaining security in public facilities like courthouses.

Official Summary

The act addresses security measures for the legislative department and judicial department of state government, for the governor, and for certain elected officials and candidates for elected office.     Sections 1 through 4 and sections 6 and 7 of the act create the position of the administrator of legislative safety for the general assembly, address the authority of the Colorado state patrol (state patrol) in the state capitol buildings complex (capitol complex), and change the current position of chief security officer to the sergeant at arms. Specifically, section 1 authorizes the executive committee of the legislative council (executive committee) to, subject to available appropriations, appoint an administrator of legislative safety to serve as the primary point of contact for members of the general assembly on all matters relating to their personal safety and security and to coordinate, in collaboration with the Colorado state patrol, security and protection for members of the general assembly, employees of the general assembly, and other individuals specified by the executive committee (covered individuals). The administrator of legislative safety performs their duties under the direction and supervision of the executive committee and, with approval of the executive committee, may appoint additional personnel as necessary to perform the functions assigned to the administrator of legislative safety. In fulfilling their duties, the administrator of legislative safety shall coordinate with the Colorado state patrol and may coordinate with local law enforcement agencies and with the sergeants at arms of each house of the general assembly.     Sections 2 and 3 change the title of the chief security officer, which each house of the general assembly is authorized to appoint, to the sergeants at arms. Section 2 specifies that each house that appoints sergeants at arms may consult with the administrator of legislative safety in connection with the supervision of the sergeants at arms.     Section 4 specifies that the administrator of legislative safety is a peace officer whose authority includes enforcing all laws of the state and who may be certified by the P.O.S.T. board.     Section 5 specifies that the Colorado state patrol's jurisdiction includes law enforcement services for the governor's mansion.     Existing law requires the state patrol to provide protection for members of the general assembly when they are present in the capitol complex and, under certain circumstances, when they attend functions held elsewhere in the state. Section 6 includes other covered individuals under the state patrol's protection when they are present in the capitol complex. In addition, section 6 clarifies that the state patrol's jurisdiction includes law enforcement services for the capitol complex and requires the state patrol to coordinate its law enforcement efforts in the capitol complex with the administrator of legislative safety.     Existing law grants the city and county of Denver jurisdiction to enforce the laws of the state for the security of people and property in the capitol complex. Section 7 clarifies that this authority is in addition to the jurisdiction of the state patrol to enforce the laws of the state in the capitol complex.     Sections 8 through 10 address various other security concerns for certain elected officials. All candidate committees, political committees, small donor committees, and political parties are required to register with the secretary of state (secretary) or municipal clerk, as applicable, before accepting or making any campaign contributions. Registration requires the submission of a statement listing, among other items, a street address for the principal place of operations of the committee or party. Section 8 specifies that the address may be a street or mailing address.     The secretary is required to make all candidate disclosure statements filed with the secretary available to the public on the secretary's website. Section 9 requires the secretary to redact the candidate's address and other personal information before making a disclosure statement available on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Existing law requires specified elected and appointed state officials to file a financial disclosure statement with the secretary that includes, among other items, the legal description of any interest in real property with a market value that exceeds $5,000. Section 10 eliminates the requirement to include a legal description of the property and replaces it with a requirement to identify the city and county in which the property is located. Section 10 also requires the secretary to redact the address and other personal information of elected officials before posting the disclosure statement on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Section 11 requires a sheriff who provides security for a court to use the recommended standards developed by the judicial security task force created in the act to implement security measures for court facilities. The county sheriff shall, to the extent practicable, maintain one secure, single-point access to a court facility and use magnetometers when the court is in session. The county sheriff shall also verify that an individual who enters a courthouse with a firearm is not prohibited from carrying a firearm in a courthouse pursuant to existing law and maintain a log including specified information regarding each individual who enters a courthouse with a firearm; except that this verification and logging requirement does not apply to peace officers employed in the courthouse by the county sheriff.     Sections 12 through 14 modify the assessment and collection of the court security surcharge, and sections 15 and 16 address other judicial security concerns. Under existing law, courts assess and collect a $5 court security surcharge on certain court filing fees ($5 surcharge). The money from the $5 surcharge is deposited in the court security cash fund, which is distributed to counties through grants made by the court security cash fund commission for the counties to use for purposes related to the security of facilities containing a state court or probation office. Section 12 ends the assessment and collection of the $5 surcharge on June 30, 2027, and transfers the balance of the court security cash fund on August 31, 2027, to the court security authority (authority), which is created in the act. Section 13 repeals the $5 surcharge, the court security cash fund, and court security cash fund commission on September 1, 2027.     Section 14 creates the court security authority as a special purpose authority. Beginning on July 1, 2027, the authority imposes a $10 court security surcharge ($10 surcharge) on the same court filings on which the $5 surcharge was assessed and collected. The courts assess and collect the $10 surcharge and transmit the surcharge money to the authority and the authority is required to use the money from the surcharge to provide grants to counties for the same purposes for which grants from the $5 surcharge were made. The authority may also use money from the $10 surcharge to provide grants to the state court administrator's office for system-wide security needs. The act creates the court security authority board, which initially consists of the same members that comprised the court security cash fund commission and requires the board to award the grants based on specified criteria.     Section 15 creates a judicial security task force in the judicial department to develop recommended standards for security at courthouses and other court and probation facilities.     Existing law specifies that an individual commits retaliation against a judge if the individual makes a credible threat or commits an act of harassment, or an act of harm or injury upon a person or property as retaliation or retribution against a judge. Section 16 includes judicial employees in this law.     Existing law allows specified individuals, defined as 'protected persons', to request that state or local government officials remove their personal information from records that are available on the internet. Under existing law, it is unlawful to post a protected person's personal information on the internet in certain circumstances. In addition to other modifications to this law, section 17 adds judicial employees, staff of the general assembly, and elected officials to the definition of 'protected person'. Section 17 also establishes civil remedies for a protected person recoverable from a person who is not a state or local government official and who has published the protected person's personal information if the person does not remove the personal information upon request.     Section 18 prohibits a person from making the personal information of specified elected officials and an elected official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the elected official or the elected official's immediate family. Section 18 also allows an elected official to file a request with a state or local government official to redact the elected official's personal information from records that the state or local government official makes available on the internet. Certain specified parties may access, in certain circumstances, a record that includes information otherwise subject to redaction pursuant to this requirement.     Sections 19 through 25 repeal, from each applicable court filing fee, the $5 surcharge that is transmitted to the court security cash fund and implement, for each applicable court filing fee, the $10 surcharge that is transmitted to the authority.(Note: This summary applies to this bill as enacted.)

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