D64A21585836AF518725821900606437 Hearing Summary

Representative Van Winkle presented House Bill 18-1061.  The bill requires that all state and local government agencies broadcast dispatch radio communications without encryption so that they may be monitored by commercially available radios receivers and scanners.  The bill allows encryption for dispatch radio communications to be used:

 

• by a state entity, city, city and county, or county when necessary to preserve the tactical integrity of an operation, protect the safety of law enforcement officers or other emergency responders, or prevent the destruction of property; and

• by an investigative unit of a state or local government law enforcement agency engaged in the investigation of potential or actual criminal conduct.

 

Any state or local government entity that encrypts any of its dispatch radio communications, as permitted by House Bill 18-1061, must disclose on its public website or upon request a list of its radio communications channels; a description of the channels, including whether each channel is used for tactical or investigative communications; and an indication of which channels are always or sometimes encrypted.  The bill's requirements do not apply to the use of cellular or other common-carrier telephonic communication by a state or local government entity.  The bill allows any person to bring a civil action in district court against any sheriff, police chief, fire chief, or other administrative head of any state or local government agency, for alleged violations of the bill.  The bill creates a new class 3 misdemeanor for unauthorized interception of dispatch radio communications.  This offense occurs when an intercepted communication is used to assist in the commission of a criminal offense or to avoid or escape arrest and prosecution by the inteceptor or another person he or she knows to be a suspect in the commission of any criminal offense.

Representative Van Winkle distributed amendment L.002 [Attachment A] and a memorandum concerning the fiscal assessment of proposed amendment L.002 [Attachment B].  Representative Van Winkle answered questions from the committee about the bill and amendent L.002.

Nicole Vap, KUSA, Colorado Freedom of Information Coalition, and Colorado Broadcasters Association, testified in support of the bill.

Justin Sasso, Colorado Broadcasters Association, testified in support of the bill.

Ms. Vap and Mr. Sasso answered questions from the committee.

Chief David Hayes, Public Safety Communications Subcommittee of the Homeland Security and All-Hazards Senior Advisory Committee, testified in opposition to the bill. Chief Hayes answered questions from the committee.

Greg Romberg, Colorado Press Association, testified in support of the bill.  Mr. Romberg answered questions from the committee.

Representative Van Winkle and Mr. Romberg responded to questions from the committee.

Kevin Klein, Colorado Department of Public Safety, testified in opposition to the bill.  Mr. Klein answered questions from the committee.

Robert Wareham, representing himself, testified in support of the bill.  Mr. Wareham answered questions from the committee.

Meghan Dollar, Colorado Municipal League, testified in opposition to the bill.  Ms. Dollar answered questions from the committee.

Undersheriff Holly Nicholson-Kluth, County Sheriffs of Colorado and Douglas County Sheriff's Office, testified in opposition to the bill.  Undersheriff Nicholson-Kluth answered questions from the committee.

Chief Michael Phibbs, Colorado Association of Chiefs of Police, testified in opposition to the bill.  Chief Phibbs answered questions from the committee.

Representative Van Winkle explained amendment L.002.  Committee members made comments about amendment L.002.

Representative Van Winkle made concluding remarks about the bill.  Committee members made comments about the bill.