h_sa_2017a_2017-02-22t13:31:40z2 Hearing Summary

Date: 02/22/2017

Location: RM 271

05:19 PM -- HB17-1134



Representative Williams, sponsor, presented House Bill 17-1134. The bill outlines procedures relating to sanctuary jurisdictions. A sanctuary jurisdiction is defined as one that adopts a law, ordinance, or policy that prohibits or in any way restricts an official or employee from cooperating and complying with federal immigration law or from sending, receiving, maintaining, or using information regarding the immigration status of an individual. A sanctuary jurisdiction can be the state, a city, a county, or any other political subdivision of the state.



The bill prohibits any jurisdiction from limiting or prohibiting an elected official, employee, or law enforcement officer from communicating or cooperating with federal officials concerning the immigration status of any individual in Colorado. All jurisdictions in the state must provide written notice of the duty to cooperate with federal immigration enforcement to all employees. On or before January 1, 2018, and each year thereafter, each jurisdiction must submit a written report to the Department of Public Safety (DPS) that indicates that the jurisdiction is in compliance with these requirements. A law enforcement officer with reasonable cause to believe that an individual under arrest is not lawfully present in the United States must immediately report the individual to the U.S. Immigration and Customs Enforcement (ICE) office. On or before March 1, 2018, and each year thereafter, every jurisdiction in the state must report to DPS the number of law enforcement reports made to ICE. On or before April 1, 2018, and each year thereafter, DPS must compile the reports from jurisdictions regarding compliance with federal immigration law and the number of law enforcement reports to ICE and submit this information to the General Assembly and to the State Controller. The State Controller must withhold payment of state funds to any jurisdiction that does not submit timely reports to DPS.



The bill allows an individual to sue a sanctuary jurisdiction, as well as the elected officials within that jurisdiction, if an undocumented immigrant residing there committed a crime that caused the individual a personal injury or that damaged the individual's real or personal property. The maximum amount of compensatory damages for injury to a person is $700,000; for injury to property, the maximum is $350,000. Governmental immunity is not a valid defense against an action brought under the above conditions.



An elected official commits the crime of rendering assistance to an illegal alien if he or she was responsible for creating a sanctuary jurisdiction in which an illegal alien has been convicted of a crime that caused injury to a person or to property. Rendering assistance to an illegal alien is a class 4 felony. Any person with knowledge of a crime committed by an undocumented immigrant as a result of a sanctuary jurisdiction may file an affidavit outlining the crime with the district attorney's office or the state Attorney General's office, which then must investigate the matter and determine whether or not to bring charges or impanel a grand jury within 49 days after the filing of the affidavit.



Representative Williams read a statement from John McAleese in support of the bill. Representative Williams answered questions from the committee.



05:59 PM -- Christine Goodman, representing herself, testified in support of the bill. She provided a written statement to the committee (Attachment O).



17HouseState0222AttachO.pdf



06:08 PM -- Christopher Lasch, representing himself, testified in opposition to the bill. He provided a handout to the committee (Attachment P). Mr. Lasch answered questions from the committee.



17HouseState0222AttachP.pdf



06:26 PM -- Dawn Keller, representing herself, testified in support of the bill.



06:28 PM -- Ron Sloan, Colorado Association of Chiefs of Police, testified in opposition to the bill. Mr. Sloan answered questions from the committee.



06:40 PM -- Chris Lazarus, representing herself, testified in support of the bill.



06:46 PM -- Lydia Waligorski, Colorado Coalition Against Domestic Violence, testified in opposition to the bill.



06:50 PM -- Congressman Tom Tancredo, representing himself, testified in support of the bill. Congressman Tancredo answered questions from the committee.



07:16 PM -- Cesar C. Garcia Hernandez, representing himself, testified in opposition to the bill. Mr. Garcia Hernandez answered questions from the committee.



07:22 PM -- Jenna Ellis, representing herself, testified in support of the bill. Ms. Ellis answered questions from the committee.



07:37 PM -- Sheriff Lou Vallario, County Sheriffs of Colorado, testified in opposition to the bill.



07:39 PM -- Chris Johnson, County Sheriffs of Colorado, testified in opposition to the bill.





07:42 PM



Sheriff Vallario made additional comments to the committee. Mr. Johnson and Sheriff Vallario answered questions from the committee.



08:07 PM -- Gray Buckley, Retired Peace Officers of Colorado, testified in support of the bill.



08:09 PM -- Alexandra Flores, representing herself, testified in opposition to the bill with the assistance of a translator. Ms. Flores answered questions from the committee.



08:20 PM -- Grady Nouis, representing himself, testified in support of the bill.



08:24 PM -- Jennifer Walmer, Democrats for Education Reform, testified in opposition to the bill.



08:28 PM -- John Sampson, representing himself, testified in support of the bill. Mr. Sampson answered questions from the committee.



08:41 PM -- Meghan Dollar, Colorado Municipal League, testified in opposition to the bill.



08:45 PM -- Eric Bergman, Colorado Counties, Inc., testified in opposition to the bill. Mr. Bergman and Ms. Dollar answered questions from the committee.



08:54 PM -- Eliza Hamrick, representing herself, testified in opposition to the bill.



08:59 PM -- Vickie Tonkins, representing herself, testified in support of the bill. Ms. Tonkins answered questions from the committee.



09:05 PM -- Bob Norris, representing himself, testified in opposition to the bill.



09:08 PM -- Fred Elbel, Colorado Alliance for Immigration Reform, testified in support of the bill.



09:11 PM -- Matt Cook, Colorado Association of School Boards, testified in opposition to the bill.



09:12 PM -- Karla Gonzales Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights, testified in opposition to the bill.



09:15 PM -- Michael Bellmont, representing himself, testified in opposition to the bill.



09:20 PM -- Vincent Cervantes, Denver Justice Project, testified in opposition to the bill.



09:25 PM -- Stan Weekes, Colorado Alliance for Immigration Reform, testified in support of the bill. He provided a handout to the committee (Attachment Q). Mr. Weekes answered questions from the committee.



17HouseState0222AttachQ.pdf



09:30 PM -- Kathy White, Colorado Fiscal Institute, testified in opposition to the bill. Ms. White answered questions from the committee. Representative Williams responded to questions from the committee.



09:50 PM -- Marilyn Hughes, representing herself, testified in opposition to the bill.



09:52 PM -- Nancy Hall, representing herself, testified in opposition to the bill.



09:56 PM -- Ingrid Moore, representing herself, testified in opposition to the bill. She provided a handout to the committee (Attachment R).



17HouseState0222AttachR.pdf



10:01 PM -- America Sherwood, League of Women Voters of Colorado, testified in opposition to the bill.



10:04 PM -- Kronda Siebert, Arapahoe County Young Democrats, testified in opposition to the bill.



10:06 PM -- Jessica LeRoux, representing herself, testified in opposition to the bill.



10:11 PM -- Chris French, representing himself, testified in support of the bill.



10:17 PM -- Pantea Beigi, representing herself, testified in opposition to the bill. She provided a handout to the committee (Attachment S).



17HouseState0222AttachS.pdf



10:23 PM -- Sharon Kermiet, Indivisible Colorado, testified in opposition to the bill.



10:27 PM -- Eleanor Cabell, representing herself, testified in opposition to the bill.



10:33 PM -- Laura Richards, Indivisible Colorado, testified in opposition to the bill. She provided a packet of letters in opposition to the bill and an informational packet to the committee (Attachments T and U).



17HouseState0222AttachT.pdf 17HouseState0222AttachU.pdf



10:37 PM -- Miranda Glasbergen, representing Indivisible Colorado, testified in opposition to the bill.



10:40 PM -- John Edward Soto, Colorado Latino Forum, testified in opposition to the bill.



10:43 PM -- Salvador Hernandez, Mi Familia Vota, testified in opposition to the bill.



10:46 PM -- Ana Temu, representing herself, testified in opposition to the bill.



10:50 PM -- Horacio Borja, representing himself, testified in opposition to the bill.



10:54 PM -- Luis Estrada, representing himself, testified in opposition to the bill.



10:55 PM -- Nushin Farjadi, representing herself, testified in opposition to the bill.



11:00 PM -- Meg York, representing herself, testified in opposition to the bill and played her clarinet. Ms. York answered questions from the committee.



11:03 PM -- Joy Athanasiou, representing herself, testified in opposition to the bill. Ms. Athanasiou answered questions from the committee.



11:12 PM -- Andrew J. O'Connor, representing himself, testified in opposition to the bill.



11:14 PM -- Corrine Rivera Fowler, Padres & Jovenes Unidos, testified in opposition to the bill.



11:18 PM -- Ana Rodriguez, Colorado People's Alliance, testified in opposition to the bill.



11:23 PM -- Darlene Jones January, representing herself, testified in opposition to the bill.



11:27 PM -- Miguel Ceballos, representing himself, testified in opposition to the bill.



11:30 PM -- Alexis Pardo, representing himself, testified in opposition to the bill.



11:34 PM -- Ezzie Dominguez, Colorado Immigrants Rights Coalition, testified in opposition to the bill.



11:39 PM -- Celeste Martinez, Together Colorado, testified in opposition to the bill.





11:41 PM



Rosanne Jacobsen submitted written testimony in opposition to the bill to the committee (Attachment V).



17HouseState0222AttachV.pdf



Representative Williams explained amendment L.004 (Attachment W). The committee discussed amendment L.004.



17HouseState0222AttachW.pdf

11:43 PM



Representative Williams made concluding remarks about the bill. Committee members made comments about the bill.

12:07 AM



The committee adjourned.