NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 08-1041
      
      
      BY REPRESENTATIVE(S) Carroll M., Madden, Carroll T., Casso, and
      Levy;
      also SENATOR(S) Gordon, and Tupa.
      
      
      Concerning the enforcement of legal requirements pertaining to
           campaign finance.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  1-45-111.5 (2), Colorado Revised Statutes, is
      amended, and the said 1-45-111.5 is further amended BY THE ADDITION
      OF A NEW SUBSECTION, to read:
      
           1-45-111.5.  Duties of the secretary of state - enforcement -
      sanctions.  (1.5) (a)  Any person who believes that a violation of
      either the secretary of state rules concerning campaign and
      political finance or this article has occurred may file a written
      complaint with the secretary of state not later than one hundred
      eighty days after the date of the occurrence of the alleged
      violation.  The complaint shall be subject to all applicable
      procedures specified in section 9 (2) of article XXVIII of the state
      constitution.
      
           (b)  Any person who commits a violation of either the
      secretary of state rules concerning campaign and political
      finance or this article that is not specifically listed in section 9
      (2) (a) of article XXVIII of the state constitution shall be subject
      to any of the sanctions specified in section 10 of article XXVIII of
      the state constitution or in this section.
      
           (2)  A party in any action brought to enforce the provisions of article
      XXVIII of the state constitution or of this article shall be entitled to the
      recovery of the party's reasonable attorney fees and costs from any attorney
      or party who has brought or defended the action, either in whole or in part,
      upon a determination by the office of administrative courts that the action,
      or any part thereof, lacked substantial justification or that the action, or any
      part thereof, was interposed for delay or harassment or if it finds that an
      attorney or party unnecessarily expanded the proceeding by other improper
      conduct, including, but not limited to, abuses of discovery procedures
      available under the Colorado rules of civil procedure.  Notwithstanding
      any other provision of this subsection (2), no attorney fees may be
      awarded under this subsection (2) unless the court or
      administrative law judge, as applicable, has first considered the
      provisions of section 13-17-102 (5) and (6), C.R.S.  For purposes of this
      subsection (2), "lacked substantial justification" means substantially
      frivolous, substantially groundless, or substantially vexatious.
      
           SECTION 2.  Repeal.  1-45-112 (1) (f), Colorado Revised Statutes,
      is repealed as follows:
      
           1-45-112.  Duties of municipal clerk and county clerk and
      recorder.  (1)  The municipal clerk and county clerk and recorder shall:
      
           (f)  Report apparent violations of law to appropriate law enforcement
      authorities.
      
           SECTION 3.  1-45-117 (4), Colorado Revised Statutes, is amended
      to read:
      
           1-45-117.  State and political subdivisions - limitations on
      contributions.  (4)  Any violation of this section shall be subject to the
      sanctions authorized in section 1-45-113 provisions of sections 9 (2) and
      10 (1) of article XXVIII of the state constitution or any appropriate
      order or relief, including an order directing the person making a
      contribution or expenditure in violation of this section to
      reimburse the fund of the state or political subdivision, as
      applicable, from which such moneys were diverted for the amount
      of the contribution or expenditure, injunctive relief, or a restraining
      order to enjoin the continuance of the violation.
      
           SECTION 4.  Applicability.  This act shall apply to the portion of
      any election cycle or for the portion of the calendar year remaining after the
      effective date of this act and for any election cycle or calendar year
      commencing after said date, whichever is applicable.
      
           SECTION 5.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO