May 6th, 2015
End of Session Report
Representative Salazar’s 2015 Bills
HB-7 CONCERNING IN-STATE TUITION FOR AMERICAN INDIANS
FROM TRIBES WITH HISTORICAL TIES TO COLORADO
The bill requires a state-supported institution of higher education to classify as an in-state student for tuition purposes a student who is a member of a federally recognized American Indian tribe with historical ties to Colorado, as designated by the Colorado commission of Indian affairs in consultation with history Colorado. A student classified as an in-state student pursuant to this tuition classification may be counted as a resident for any purpose pursuant to title 23, C.R.S., and is eligible for state financial aid and the college opportunity fund stipend.
HB-1073 CONCERNING ALLOWING A DRIVER TO CHALLENGE THE VALIDITY OF A LAW ENFORCEMENT OFFICER'S INITIAL CONTACT WITH THE DRIVER
Signed into Law by the Governor
A provision of current law allows a driver to challenge the validity of a law enforcement officer's initial contact with the driver and the driver's subsequent arrest for a DUI offense. The bill states that this provision applies retroactively to administrative hearings performed before the provision's enactment.
HB-1165 CONCERNING THE USE OF AMERICAN INDIAN MASCOTS
BY PUBLIC INSTITUTIONS OF EDUCATION
The bill establishes the subcommittee for the consideration of the use of American Indian mascots by public schools and requires the subcommittee to evaluate and approve or disapprove the use of American Indian mascots by public schools and public institutions of higher education. The bill requires each public school that uses an American Indian mascot to either cease using the mascot or request approval for the continued use of the mascot or another American Indian mascot from the subcommittee.
HB-1258 CONCERNING THE CREATION OF
A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
The bill creates the family and medical leave insurance program in the newly created division of family and medical leave insurance in the department of labor and employment to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.
HB-1264 CONCERNING THE CREATION OF A BILL OF RIGHTS
FOR PERSONS EXPERIENCING HOMELESSNESS
The bill creates the "Colorado Right to Rest Act", which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces without discrimination, to rest in public spaces without discrimination, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. A person whose rights have been violated may seek enforcement in a civil action, and a court may award relief and damages as appropriate. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.
HB-1267 CONCERNING CONDITIONS OF PROBATION RELATING TO MEDICAL MARIJUANA
Passed and is on the Governor’s Desk to be Signed
Under current law, a person on probation is prohibited from committing another offense. The possession and use of marijuana is an offense under federal law. The bill makes an exception to the probation conditions for the possession and use of medical marijuana pursuant to the state constitution unless the person is convicted of an offense related to medical marijuana.
HB-1286 CONCERNING THE COURT'S AUTHORITY TO REQUIRE PROSECUTION
IN CASES OF POLICE MISCONDUCT WHEN THE DECISION NOT TO PROSECUTE
WAS AN ABUSE OF DISCRETION
Under current law, a person may file an affidavit with a court having jurisdiction over an alleged offense that a prosecuting attorney refuses to prosecute asking the court to require prosecution of the alleged offense. The court may require prosecution if it finds the decision not to prosecute was arbitrary or capricious and without reasonable excuse. For an alleged offense involving police misconduct resulting in serious bodily injury or death, the bill allows the court to require prosecution if the court finds that the decision not to prosecute was an abuse of discretion.
HB-1289 CONCERNING CRIMINAL CHARGES
BASED ON A VIOLATION OF AN UNLAWFUL ORDER
The bill requires a court to dismiss all charges against a defendant that were based on a violation of an unlawful order. The court may order the law enforcement agency that filed the charges to reimburse the defendant for attorneys' fees and costs incurred in defense of the charges.
HB-1290 CONCERNING PROHIBITING A PEACE OFFICER FROM INTERFERING WITH
A PERSON LAWFULLY RECORDING A PEACE OFFICER-INVOLVED INCIDENT
Passed and is on the Governor’s Desk to be Signed
The bill creates a private right of action against a peace officer's employing law enforcement agency if a person records an incident involving a peace officer and a peace officer destroys the recording or seizes the recording without receiving consent or obtaining a warrant or if the peace officer intentionally interferes with the recording or against the person making the recording. The person who recorded the peace officer incident is entitled to actual damages, a civil penalty of $15,000, and attorney fees and costs.
HB-1306 CONCERNING THE BUSINESS OPPORTUNITY STUDY
To ascertain whether disparity exists between the participation of historically underutilized businesses and other businesses in the state procurement system, the bill directs the department of personnel to contract for a disparity study of the Colorado procurement process and to make recommendations to ameliorate any discrepancies identified by the study
HB-1342 CONCERNING THE RIGHT OF PRIVATE-SECTOR EMPLOYEES
TO INSPECT THEIR PERSONNEL FILES
The bill allows an employee or former employee to request that his or her private-sector employer, except for a financial institution, permit the employee or former employee to inspect or request copies of the employee or former employee's personnel file within 30 days of a written request. Employees or former employees are required to pay reasonable costs of duplication. The bill specifies exceptions to the requirement. The bill authorizes an employee or former employee to provide written rebuttal information to the employer or former employer, requires information to be added to the employee or former employee's personnel file, and to accompany any transmittal or disclosure from the file made to a third party. The bill provides remedies to an employee or former employee if an employer or former employer fails to comply with the requirements of the bill.
SB-094 CONCERNING EMPLOYMENT OF COMMUNITY COLLEGE FACULTY, AND, IN CONNECTION THEREWITH, PROMOTING EXCELLENCE WITHIN COMMUNITY COLLEGES BY IMPROVING THE WORKING CONDITIONS, COMPENSATION, AND BENEFITS OF FACULTY
The bill requires colleges in the state system of community and technical colleges, on and after a certain date, to classify as faculty all employees with teaching responsibilities, including part-time teaching responsibilities. Once classified as faculty, the employees will have the same responsibilities, benefits, and freedoms of regular faculty, commensurate with the employee's education, training, experience, and teaching skill, including participation in non-teaching activities and professional development, job security issues such as health care and retirement benefits, and access to due process, grievance procedures, and academic freedom. The state board for community colleges and occupational education (state board) will collaborate with faculty and college administrators to determine how to achieve an inclusive faculty structure with respect to faculty responsibilities, benefits, and freedoms. The bill includes provisions relating to seniority in determining course assignments and allows the seniority system to be replaced after a period of time with a new process to assign courses. The bill requires the state board to collaborate with faculty and college administrators to create a fiscally sustainable multi-year plan to achieve comparable compensation among all faculty. On and after the effective date of the bill, employees with 90 or more credit hours teaching in the state system have the due process provided to regular faculty.
SB-219 CONCERNING MEASURES TO PROVIDE ADDITIONAL TRANSPARENCY
TO PEACE OFFICER-INVOLVED SHOOTINGS
Passed and is on the Governor’s Desk to be Signed
The bill requires each law enforcement agency to develop protocols for participating in a multi-agency team or involving another law enforcement agency in the investigation of a peace officer-involved shooting. The law enforcement agency shall post the protocols on its web site or make it publicly available if it does not have a web site. The bill requires a district attorney who declines to file criminal charges against a peace officer for a peace officer-involved shooting to make a report and publicly disclose the report explaining the basis for not charging the officer. The district attorney shall post the report on its web site or make it publicly available if it does not have a web site.
SB-231 A BILL FOR AN ACT CONCERNING A LIMITATION ON THE USE OF FORCE
BY A REGULATORY AGENCY, AND, IN CONNECTION THEREWITH, ENACTING
THE "REGULATORY AGENCY DEMILITARIZATION ACT"
The bill limits the activities of regulatory agencies in the following manner: Requires a federal regulatory agency to provide local law enforcement agencies with a notice of an impending operation of a special weapons and tactics team, a tactical response team, or other type of specialized unit, which notice must include a copy of the court order authorizing the operation; Prohibits a federal regulatory agency from using a specialized unit, unless it provides this notice; Prohibits a state regulatory agency from purchasing a firearm; Prohibits any person from a state regulatory agency from using a firearm in connection with the exercise of his or her duties on behalf of the agency; and annually requires the office of the governor to certify to the general assembly that no state regulatory agency has purchased any firearms and to provide information about any specialized units in a state regulatory agency
Remember, we together can make a difference.
Please contact me for any concerns, questions. My number is 303-866-2918 or email me RepSalazar31@gmail.com.
70th General Assembly
Another election has passed, followed by the holidays, and now I am putting on my governing hat.
I have walked miles to hear your concerns and ideas and I took those concepts to heart. I want to thank every one of you for your support. With your help and input we can make a difference. We can help the people in House District 31 and our state.
It is not by mistake that I use the word “We”, because, without your help and input nothing, can be done. Without the people in my district I would not be here. I know this and I don’t take that responsibility lightly. It is critical we keep an open line of communication. So, as we start the 2015 session, I will keep you apprised of the bills I am carrying and supporting.
Democracy does not work without you the people. We can do great things together!
Please feel free to contact me about the issues most important to you and your family!
My phone number is (303) 895-7044 and my email address is email@example.com.
Representative Joe Salazar
Colorado House District 31
Joe Salazar - State Representative House District 31
When I was growing up, I would dream about what it would be like to be raised on the farm in Colorado’s San Luis Valley or on the ranch in northern New Mexico. My family has been farmers and ranchers there for numerous generations. But, my parents made the decision to raise my brother and me in Thornton because they wanted us to have every opportunity life could offer.
I was four-years-old when we moved to Thornton. At that time, there was hardly anything north of 120th Avenue, except for farmland. I am proud to say that I have grown up alongside the City of Thornton, attending Woodglenn Elementary, Northeast Junior High School , and graduating from Thornton High School in 1989.
Growing up in Thornton was the best thing my parents could have done for me. I went on to graduate from the University of Colorado at Boulder. I then became a civil rights and criminal investigator for the State of Colorado. In 2003, I graduated from the University of Denver with a law degree and started up my own firm where I fight for the unemployed and disadvantaged individuals against bad government. In sum, I have spent my whole adult life making sure that the rights of hard working Coloradans are protected.
Being raised in Thornton means knowing the virtues and values of a hard working community - where grinding out a living for our children is not only a necessity, but defines who we are as Coloradans. We care about our children’s future. We care about education. We care about our jobs.