Arapahoe County shifts to seek amendments on immigration bill amid civil-penalty concern

Arapahoe County commissioners told staff to press for amendments to Senate Bill 276 after county counsel and human-services staff flagged clauses that could expose county employees to civil penalties for disclosures made in good faith.

The county had been monitoring SB276 while the bill moved through the Senate and underwent multiple third‑reading amendments. County counsel and human services officials said one provision still includes civil-penalty language that could apply to employees who unintentionally disclose personally identifying information (PII). Commissioners and staff described two proposed clarifications: first, an explicit “good-faith” defense so employees who reasonably believed a disclosure complied with federal or state law would not be liable; second, a narrow exemption removing routine, clinical requests from jail medical or mental‑health providers from the bill’s tracking or reporting requirements.

During discussion, staff noted the re‑engrossed bill removed some reporting language but that the civil-penalty provision remained in the latest posted draft. County counsel said the county could later argue in court that a good-faith action was not “intentional,” but commissioners preferred an explicit statutory clarification. After discussion commissioners signaled support for moving from a passive monitoring stance to pursuing amendments — the board recorded a consensus show of support for asking for amendments and working with legislative partners.

County staff said they will ask the bill’s sponsors and committee staff for specific language to clarify that civil penalties apply only to intentional violations and do not apply where employees reasonably believed their conduct complied with law. Staff also said they will track whether the House floor or committee takes further amendments and will remain engaged.