Senate Committee of Reference Report

Committee on State, Veterans, & Military Affairs

Strikethrough:
removed from existing law
Screen Reader Only:
all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
All-caps or Bold and Italic:
added to existing law
Screen Reader Only:
all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'

April 8, 2025

After consideration on the merits, the Committee recommends the following:

SB25-276     be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Page 1, Line 1Amend printed bill, page 3, line 6, strike "must be supported by probable

Page 1, Line 2cause." and substitute "requires that warrants are supported by probable

Page 1, Line 3cause.".

Page 1, Line 4Page 4, line 7, strike "constitution;" and substitute "constitution. The tenth

Page 1, Line 5amendment of the United States constitution divides power between the

Page 1, Line 6federal government and the states. The United States constitution reserves

Page 1, Line 7to the states or the people the powers that are not delegated to the federal

Page 1, Line 8government and are not forbidden to the states. The federal government

Page 1, Line 9cannot command the states to administer or enforce a federal regulatory

Page 1, Line 10program.".

Page 1, Line 11Page 5, line 15, strike "this Senate Bill 25-__" and substitute "Senate

Page 1, Line 12Bill 25-276".

Page 1, Line 13Page 5, line 26, before "repeal" insert "amend (1) introductory portion;

Page 1, Line 14and".

Page 1, Line 15Page 6, line 4, after "part 5." insert "Any information collected prior

Page 1, Line 16to the effective date of Senate Bill 25-276 for the purpose of

Page 1, Line 17demonstrating eligibility for an identification document in

Page 1, Line 18accordance with this part 5 for an individual who does not have

Page 1, Line 19lawful immigration status in the United States must be managed

Page 1, Line 20in accordance with the data privacy policy adopted by the

Page 1, Line 21department of revenue.".

Page 1, Line 22Page 6, line 11, strike "definition." and substitute "definitions.".

Page 1, Line 23

Page 2, Line 1Page 6, strike lines 15 through 17 and substitute:

Page 2, Line 2"(II)  For purposes of this subsection (2)(e.5):

Page 2, Line 3(A)  "Immigration enforcement operation" has the same

Page 2, Line 4meaning as set forth in section 24-76.6-101.

Page 2, Line 5(B)  "Jail" means a correctional facility, as defined in

Page 2, Line 6section 17-1-102; local jail, as defined in section 17-1-102;

Page 2, Line 7multijurisdictional jail, as described in section 17-26.5-101; or

Page 2, Line 8municipal jail, as described in section 31-15-401 (1)(j).".

Page 2, Line 9Page 7, line 18, strike "and (1)(e)" and substitute "(1)(e), and (2)".

Page 2, Line 10Page 8, after line 8 insert:

Page 2, Line 11"(2)  The general assembly further finds and declares that it is

Page 2, Line 12necessary to adopt this article 74 to protect individual rights and to further

Page 2, Line 13the preservation of the peace, health, and safety of Colorado residents.

Page 2, Line 14Therefore, the matters in this article 74 are declared to be

Page 2, Line 15matters of statewide concern.".

Page 2, Line 16Page 9, line 10, strike "authority,".

Page 2, Line 17Page 11, strike lines 1 through 3 and substitute "a person's immigration

Page 2, Line 18status for the purpose of identifying if the person has complied with

Page 2, Line 19federal immigration laws, including civil immigration laws and 8 U.S.C.

Page 2, Line 20sec. 1325 or 1326, except as required by state or federal".

Page 2, Line 21Page 11, line 14, strike "housing" and substitute "health care,

Page 2, Line 22housing,".

Page 2, Line 23Page 12, line 7, strike "definition - repeal." and substitute "definition.".

Page 2, Line 24Page 13, line 8, strike "(I)".

Page 2, Line 25Page 13, line 10, strike "(A)" and substitute "(I)".

Page 2, Line 26Page 13, line 12, strike "(B)" and substitute "(II)".

Page 2, Line 27Page 13, line 14, strike "(II)" and substitute "(III)".

Page 2, Line 28Page 13, strike lines 15 through 19 and substitute:

Page 2, Line 29"(b)  Beginning October 1, 2025, and on a quarterly basis

Page 2, Line 30thereafter, each state agency shall:

Page 2, Line 32

Page 3, Line 1(I)  Submit to the governor's office of legal counsel and to the

Page 3, Line 2attorney general the information specified in subsection (2) of

Page 3, Line 3this section; and

Page 3, Line 4(II)  Attest that none of the requests were granted for

Page 3, Line 5any purpose prohibited by article 74.

Page 3, Line 6(c)  Beginning October 1, 2025, and on a quarterly basis

Page 3, Line 7thereafter, each political subdivision shall:

Page 3, Line 8(I)  Submit to the governor's office of legal counsel and to

Page 3, Line 9the attorney general a single, consolidated report containing

Page 3, Line 10the information specified in subsection (2) of this section for the

Page 3, Line 11entire political subdivision; and".

Page 3, Line 12Page 13, line 24, strike "civil penalty." and substitute "civil penalty -

Page 3, Line 13legislative declaration.".

Page 3, Line 14Page 14, after line 6 insert:

Page 3, Line 15"(3)  For purposes of an action for a temporary restraining

Page 3, Line 16order or preliminary injunction brought pursuant to this

Page 3, Line 17section, the general assembly finds and declares that violation

Page 3, Line 18of this article 74 poses a real, immediate, and irreparable injury

Page 3, Line 19for which there is no plain, speedy, and adequate remedy at law,

Page 3, Line 20and the public interest is served by compliance with this article

Page 3, Line 2174.".

Page 3, Line 22Page 16, line 9, strike "policies." and substitute "policies - legislative

Page 3, Line 23declaration.".

Page 3, Line 24Page 16, strike lines 23 and 24 and substitute:

Page 3, Line 25"(II)  With the consent of the student's or patient's parent,

Page 3, Line 26guardian, person who is authorized under applicable law to act

Page 3, Line 27on behalf of an individual who is an adult, or an emancipated

Page 3, Line 28minor, in making decisions related to health care, through a

Page 3, Line 29valid release of information; or".

Page 3, Line 30Page 17, after line 13 insert:

Page 3, Line 31"(2)  Beginning July 1, 2025, a public child care center,

Page 3, Line 32public school, local education provider, public institution of

Page 3, Line 33higher education, public health-care facility, or an employee

Page 3, Line 34thereof, shall not collect the following, except as required by

Page 3, Line 35federal or state law, as necessary to perform duties, or to

Page 3, Line 36verify a person's eligibility for a government-funded program if

Page 3, Line 37verification is a necessary condition of government funding or

Page 3, Line 38participation:

Page 4, Line 1(a)  Place of birth;

Page 4, Line 2(b)  Immigration or citizenship status; or

Page 4, Line 3(c)  Information from passports, permanent resident cards,

Page 4, Line 4alien registration cards, or employment authorization

Page 4, Line 5documents.".

Page 4, Line 6Renumber succeeding subsections accordingly.

Page 4, Line 7Page 19, after line 15 insert:

Page 4, Line 8"(6)  Matters in this article 74.1 are declared to be

Page 4, Line 9matters of statewide concern.".

Page 4, Line 10Page 19, after line 25 insert:

Page 4, Line 11"(3)  For purposes of an action for a temporary restraining

Page 4, Line 12order or preliminary injunction brought pursuant to this

Page 4, Line 13section, the general assembly finds and declares that violation

Page 4, Line 14of this article 74.1 poses a real, immediate, and irreparable

Page 4, Line 15injury for which there is no plain, speedy, and adequate remedy

Page 4, Line 16at law, and the public interest is served by compliance with this

Page 4, Line 17article 74.1.".

Page 4, Line 18Page 22, line 13, after "(1)" insert "(a)".

Page 4, Line 19Page 22, after line 16 insert:

Page 4, Line 20"(b)  For purposes of this subsection (1), "pretrial officer"

Page 4, Line 21or "pretrial services office employee" includes an agent of a

Page 4, Line 22pretrial services office when acting on behalf of, or at the

Page 4, Line 23direction of, a pretrial services office in their capacity as an

Page 4, Line 24agent of a pretrial services office.".