First Regular Session Seventy-first General Assembly STATE OF COLORADO

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LLS NO. 17-0128.01 Michael Dohr x4347 HOUSE BILL

House Committees Senate Committees

A BILL FOR AN ACT 101 CONCERNING THE MALICIOUS DEPRIVATION OF CONSTITUTIONAL 102 RIGHTS BY A GOVERNMENT EMPLOYEE RELATED TO RANGES OF THE STATE.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill makes it illegal for a person who is a government employee acting under color of law to take any action harmful to any ranch unit or range allotment owner that deprives that owner of any property rights without first giving due consideration to those rights by: Accessing property with permission; Conducting a thorough takings implication assessment; Giving the owner due process; and, paying just compensation as required by law. A violation is an unclassified felony punishable by a fine of up to $500,000 and imprisonment of up to 5 years, or both. An owner who suffers a loss as a result of the person’s actions also has a civil right of action to recover damages.

HOUSE SPONSORSHIP

Klingenschmitt,

SENATE SPONSORSHIP

(None),

DRAFT 9.14.16

1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Legislative declaration. (1) The general assembly 3 finds that: 4 (a) The livestock sector of the agriculture industry of the state is 5. A critical and significant portion of the agriculture industry of the state 6 And necessary for the continued health, prosperity and well-being of the 7 People of the state; and 8 (b) A significant number of livestock within the state spend a 9 significant part of their lives on ranges of the state 10 (2) The general assembly further finds that: 11 (a) The United States Supreme Court has held that stockwater 12 Rights, range rights, right-of-ways, and improvements appurtenant to or 13 Associated with range allotments and ranch units are Constitutional property rights worthy of protection 14 Under the Fifth Amendment of the United States constitution; and 15 (b) Government employees are required by the Fifth Amendment and 16 Executive Order 12630 to consider the takings implications of their 17 Decisions and actions on the property rights of ranch unit or range allotment 18 Owners before taking those actions. 19 (3) The general assembly declares that this act is necessary to 20 preserve public safety and welfare. 21 SECTION 2. In Colorado Revised Statutes, add 18-8-410 as 22 follows:

1 18-8-410. Malicious deprivation of constitutional rights. (1) A 2 PERSON WHO IS A GOVERNMENT EMPLOYEE ACTING UNDER COLOR OF LAW 3 COMMITS MALICIOUS DEPRIVATION OF CONSTITUTIONAL RIGHTS WHEN THE 4 PERSON TAKES ANY ACTION HARMFUL <{DO YOU WANT TO DEFINE 5 “HARMFUL?”}> TO ANY RANCH UNIT OR RANGE ALLOTMENT OWNER THAT 6 DEPRIVES THAT OWNER OF ANY CONSTITUTIONAL PROPERTY RIGHTS WITHOUT FIRST GIVING 7 DUE CONSIDERATION TO THOSE RIGHTS BY: 8 (a) ACCESSING PROPERTY < {the allotment or the ranch unit}> WITH 9 PERMISSION; 10 (b) CONDUCTING A THOROUGH TAKINGS IMPLICATION 11 ASSESSMENT; 12 (c) GIVING THE OWNER DUE PROCESS; AND 13 (d) PAYING JUST COMPENSATION AS REQUIRED BY LAW. 14 (2) A GOVERNMENT EMPLOYEE WHO COMMITS MALICIOUS DEPRIVATION 16 OF CONSTITUTIONAL RIGHTS IS DEEMED TO BE ACTING OUTSIDE THE SCOPE 17 OF ANY GOVERNMENT DELEGATED AUTHORITY AND, THEREFORE, OUTSIDE 18 THE PROTECTION OF ANY GOVERNMENT IMMUNITY FROM PROSECUTION, AND 19 THE EMPLOYEE IS SUBJECT TO BOTH A CIVIL ACTION AND CRIMINAL 20 PUNISHMENT UNDER THE LAWS OF THIS STATE. 21 (3) A VIOLATION OF THIS SECTION IS PUNISHABLE AS AN 22 UNCLASSIFIED FELONY CARRYING A FINE OF UP TO FIVE HUNDRED 23 THOUSAND DOLLARS AND UP TO FIVE YEARS IMPRISONMENT, OR BOTH, FOR 24 EACH SEPARATE OFFENSE. 25 (4) A PERSON WHOSE RIGHTS ARE VIOLATED PURSUANT TO 26 SUBSECTION (1) OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION 27 AGAINST THE GOVERNMENT EMPLOYEE WHO VIOLATED SUBSECTION (1) OF THIS 1 SECTION AND IS ENTITLED TO DAMAGES.

{In order to have a civil action 2 there needs to be a specific statutory grant of right. I am not sure if the 3 mention in subsection (2) is sufficient so I added this provision.}> 4 <{Do you want a safety clause or a petition clause?}> (already defined within)

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