EQUAL PROTECTION BILL HB17-1141

NOTICE OF HEARING

HOUSE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
SPONSOR:        Lewis
BILL #:         HB 17-1141
SHORT TITLE:    Equal Protection From Fed Employee Personal Attack
DATE:           Wednesday, February 22, 2017
TIME:           01:30 PM
PLACE:  LSB A

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Good Morning,

You’re receiving this notice, because you’ve expressed interest in HB17-1141, the Equal Protection bill. Your interest is greatly appreciated. Thank you. 

The Equal Protection Bill will be a tremendous “equalizer” for ranchers on Federal lands, who have to deal with federal employees on a daily basis.

In reality, Equal Protection will help all Colorado citizens in a multitude of ways. Here are some:

I.R.S. agent overreaches the defines of his or her authority in investigating your taxes.  You, the taxpayer, would have immediate recourse.

EPA agent trespasses your property and starts charging you with regulatory violations, you, the property owner would have immediate recourse.

Federal employee wants to tie up your project with claims of such as Preble’s Jumping Mouse. You have the right to demand “Just Compensation” initiates - the minute they set foot on your property.

By statute, pre-existing rights to easements (trails/roads), forage, beneficial use of water and improvements will no longer be threatened by federal employees. Instead, they will be recognized and honored. Staying these rights will sustain opportunities to trail ride, hike, fish, camp, hunt, run livestock, and whatever else property owner gives permission to do.

Basically, any who would oppose HB 17-1141, knowingly wants federal employees to continue to subject unjust, unconstitutional, statute violating, costly actions against private citizens.

Your testimony, citing your situation, will sturdy up argument to pass HB 17-1141.

We look forward to seeing you and hearing your testimony on February 22^nd. Let's get Equal Protection passed into law! 

Thank you,

Charles W. and Ronita M. Sylvester

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Please support the Equal Protection From Federal Employee Personal Attack.

Please ask your organization to support Equal Protection. 

If you have been subjected to a personal attack by a Federal Employee, please consider testifying February 22nd. 

Please tell your story and bring evidence as to how their actions cost you personally. 

Thank you Representative Lewis, for sponsoring Equal Protection From Federal Employee Personal Attack.  

Roni Bell Sylvester 

Testimonies will be heard - 1:30 p.m. February 22, 2017 Colorado Capitol 

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                             NOTICE OF HEARING
            HOUSE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE

SPONSOR:        Lewis

BILL #:         HB17-1141

SHORT TITLE:    Equal Protection From Fed Employee Personal Attack

DATE:           Wednesday, February 22, 2017

TIME:           01:30 PM
PLACE:  LSB A

_________________________________________________________________________________________________

Full draft attached: 

HB17-1141

Equal Protection From Federal Employee Personal Attack

Concerning the malicious deprivation of constitutional rights by a federal employee related to public lands.

LAST ACTION: 02/1/2017 | Introduced In House - Assigned to State, Veterans, & Military Affairs

SPONSORS: Rep. K. Lewis

SESSION:  

2017 Regular Session

SUBJECTS:  

Agriculture

   

Crimes, Corrections, & Enforcement

   

State Government

The bill makes it illegal for a person who is a federal employee acting under color of law to take any action:

• That deprives a range allotment owner of any property right appurtenant, inherent, or related to the range allotment, including the right to possess, use, dispose of, exclude other from, or defend the range allotment; and
• For which the deprivation offends due process or is a physical or regulatory taking without the payment of just compensation.

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.

Please print out the attached copy of HB 17- 1141.

For your convenience though, we’ve also cut and pasted:

First Regular Session Seventy-first General Assembly STATE OF COLORADO DRAFT LLS NO. 17-0494.01 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 FEDERAL EMPLOYEE RELATED TO PUBLIC LANDS. 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://leg.colorado.gov/.) The bill makes it illegal for a person who is a federal employee acting under color of law to take any action: ! That deprives a range allotment owner of any property right appurtenant, inherent, or related to the range allotment, including the right to possess, use, dispose of, exclude other from, or defend the range allotment; and HOUSE SPONSORSHIP Lewis, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. REDRAFT 1.30.17 Double underlining denotes changes from ! For which the deprivation offends due process or is a prior draft physical or regulatory taking without the payment of just compensation. 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. 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 federal range lands. 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 are property rights worthy of protection 14 under the fifth amendment of the United States constitution; and 15 (b) Federal 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 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: -2- DRAFT REDRAFT 1.30.17 Double underlining denotes changes from 1 18-8-410. Malicious deprivation of prior draft constitutional rights. (1) A 2 PERSON WHO IS A FEDERAL EMPLOYEE ACTING UNDER COLOR OF LAW 3 COMMITS DEPRIVATION OF A RANGE ALLOTMENT OWNER'S 4 CONSTITUTIONAL RIGHTS WHEN THE PERSON TAKES ANY ACTION: 5 (a) THAT DEPRIVES THAT RANGE ALLOTMENT OWNER OF ANY 6 PROPERTY RIGHT APPURTENANT, INHERENT, OR RELATED TO THE RANGE 7 ALLOTMENT, INCLUDING THE RIGHT TO POSSESS, USE, DISPOSE OF, 8 EXCLUDE OTHER FROM, OR DEFEND THE RANGE ALLOTMENT; AND 9 (b) FOR WHICH THE DEPRIVATION OFFENDS DUE PROCESS OR IS A 10 PHYSICAL OR REGULATORY TAKING WITHOUT THE PAYMENT OF JUST 11 COMPENSATION. 12 (2) A FEDERAL EMPLOYEE WHO COMMITS DEPRIVATION OF A 13 RANGE ALLOTMENT OWNER'S CONSTITUTIONAL RIGHTS IS DEEMED TO BE 14 ACTING OUTSIDE THE SCOPE OF ANY FEDERALLY DELEGATED AUTHORITY 15 AND, THEREFORE, OUTSIDE THE PROTECTION OF ANY FEDERAL IMMUNITY 16 FROM PROSECUTION, AND THE EMPLOYEE IS SUBJECT TO BOTH A CIVIL 17 ACTION AND CRIMINAL PUNISHMENT UNDER THE LAWS OF THIS STATE. 18 (3) A VIOLATION OF THIS SECTION IS PUNISHABLE AS AN 19 UNCLASSIFIED FELONY CARRYING A FINE OF UP TO FIVE HUNDRED 20 THOUSAND DOLLARS AND UP TO FIVE YEARS IMPRISONMENT, OR BOTH, FOR 21 EACH SEPARATE OFFENSE. 22 (4) A PERSON WHOSE RIGHTS ARE VIOLATED PURSUANT TO 23 SUBSECTION (1) OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION 24 AGAINST THE FEDERAL EMPLOYEE WHO VIOLATED SUBSECTION (1) OF THIS 25 SECTION AND IS ENTITLED TO DAMAGES. 26 SECTION 3. Potential appropriation. Pursuant to section 27 2-2-703, C.R.S., any bill that results in a net increase in periods of -3- DRAFT REDRAFT 1.30.17 Double underlining denotes changes from 1 prior draft imprisonment in state correctional facilities must include an appropriation 2 of money that is sufficient to cover any increased capital construction, any 3 operational costs, and increased parole costs that are the result of the bill 4 for the department of corrections in each of the first five years following 5 the effective date of the bill. Because this act may increase periods of 6 imprisonment, this act may require a five-year appropriation. 7