Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0464.01 Bob Lackner HOUSE BILL 10-1272 HOUSE SPONSORSHIP McCann, SENATE SPONSORSHIP Steadman, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the establishment of contribution limits under the "Fair Campaign Practices Act" for candidates for certain elected director positions, and, in connection therewith, establishing contribution limits for candidates for boards of education and the board of the regional transportation district and specifying requirements affecting the disclosure of such contributions. 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.) Current law regulating campaign finance does not set limits on contributions to candidates for school district director and members of the board of directors of the regional transportation district (RTD). The bill sets aggregate limits on contributions from persons that are not small donor committees for any primary, general, or other specific election as follows: RTD director, $2,500; and School district director, $2,500. The bill also sets aggregate limits on contributions from small donor committees for any primary, general, or other specific election as follows: RTD director, $5,000; and School district director,$5,000. The bill also specifies that existing statutory provisions governing the disclosure of campaign contributions apply to the new contribution limits contained in the bill. The bill also contains requirements applicable to when a candidate for school district director is required to provide disclosure of information concerning campaign contributions, and clarifies that candidates for RTD and school district director are required to file their disclosure with the secretary of state. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-45-103, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 1-45-103. Definitions. As used in this article, unless the context otherwise requires: (15.5) "RTD director" means a person serving as a director on the board of directors of the regional transportation district created in article 9 of title 32, C.R.S. (15.7) "School district director" means a person serving as a director on the board of education of any school district within the state, including a school district composed of a city and county. SECTION 2. 1-45-103.7 (7) (a) and (7) (b), Colorado Revised Statutes, are amended, and the said 1-45-103.7 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 1-45-103.7. Contribution limits - contribution limits on director offices - contributions from limited liability companies - definitions. (1.5) (a) The maximum amount of aggregate contributions that a person, including a political committee, may make to a candidate committee, and that a candidate committee for a candidate may accept from any one person, for a primary, general, regular, or runoff election or for a regular biennial or special school election, as applicable, shall be: (I) For a candidate for RTD director, two thousand five hundred dollars; and (II) For a candidate for school district director, two thousand five hundred dollars. (b) The maximum amount of aggregate contributions that a small donor committee may make to a candidate committee, and that a candidate committee for a candidate may accept from any one small donor committee, for a primary, general, regular, or runoff election or for a regular biennial or special school election, as applicable, shall be: (I) For a candidate for RTD director, five thousand dollars; and (II) For a candidate for school district director, five thousand dollars. (c) The requirements of sections 1-45-108 and 1-45-109, as applicable, shall apply to any contribution made or received that is subject to the provisions of paragraph (a) or (b) of this subsection (1.5). (7) (a) Any person who believes that a violation of subsection (5) or (6) subsection (1.5), (5), or (6) of this section has occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date 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, section 1-45-111.5, or the secretary of state's rules concerning campaign and political finance. (b) Any person who has violated any of the provisions of subsection (1.5), paragraph (a), (b), or (c) of subsection (5), or subsection (6) of this section shall be subject to a civil penalty of at least double and up to five times the amount contributed or received in violation of the applicable provision. SECTION 3. The introductory portion to 1-45-108 (2) (a) (I) and 1-45-108 (2.5), Colorado Revised Statutes, are amended, and the said 1-45-108 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 1-45-108. Disclosure. (2) (a) (I) Except as provided in subsections subsections (2.1), (2.5), (2.7), and (6) of this section, such reports that are required to be filed with the secretary of state shall be filed: (2.1) In the case of a regular biennial school election or a special school election, a candidate for school district director shall file reports that are required to be filed with the secretary of state as follows: (a) Quarterly in off-election years no later than the fifteenth calendar day following the end of the applicable quarter; (b) Eight weeks before the election and on each Monday every two weeks thereafter before the election; (c) On the first day of each month beginning the sixth full month before the election; except that no monthly report shall be required during a period that is covered by paragraph (b) or (d) of this subsection (2.1); (d) In the case of a run-off election, on the first Monday four weeks before the run-off election and on each Monday every two weeks thereafter before the run-off election; and (e) Thirty days after the election in election years. (2.5) In addition to any report required to be filed with the secretary of state or municipal clerk under this section, all candidate committees, political committees, issue committees, and political parties shall file a report with the secretary of state of any contribution of one thousand dollars or more at any time within thirty days preceding the date of the primary election, or, general election, regular biennial school election, or special school election. This report shall be filed with the secretary of state no later than twenty-four hours after receipt of said contribution. SECTION 4. 1-45-109 (1) (a) (II), Colorado Revised Statutes, is amended to read: 1-45-109. Filing - where to file - timeliness - repeal. (1) For the purpose of meeting the filing and reporting requirements of this article: (a) The following shall file with the secretary of state: (II) Candidates in special district, RTD director, and school district director elections; the candidate committees of such candidates; political committees in support of or in opposition to such candidates; issue committees supporting or opposing a special district ballot issue; and small donor committees making contributions to such candidates. SECTION 5. 22-31-103 (1), Colorado Revised Statutes, is amended to read: 22-31-103. Board of education to govern conduct of school elections - contract with county clerk and recorder. (1) Except as otherwise provided in this article, the board of education of each school district shall govern the conduct of all school elections in the district, shall designate an election official who shall be responsible for conducting the election, and shall render all interpretations and make all initial decisions as to controversies or other matters arising in the conduct of such elections. All elections authorized in this article shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. Limits on contributions to candidates for the board of education of a school district are specified in section 1-45-103.7 (1.5), C.R.S. The disclosure of such contributions is governed in accordance with the provisions of sections 1-45-108 and 1-45-109, C.R.S. SECTION 6. 22-31-131 (1), Colorado Revised Statutes, is amended to read: 22-31-131. Election procedures in districts composed of a city and county. (1) The regular biennial school election in each school district coterminous with a city and county shall be held on the first Tuesday in November of each odd-numbered year, shall be conducted and supervised by the election commission of the city and county, and shall be governed by the provisions of articles 1 to 13 of title 1, C.R.S. Limits on contributions to candidates for the board of education of such school district are specified in section 1-45-103.7 (1.5), C.R.S. The disclosure of such contributions is governed in accordance with the provisions of sections 1-45-108 and 1-45-109, C.R.S. SECTION 7. 32-9-111 (5) (f), Colorado Revised Statutes, is amended to read: 32-9-111. Election of directors - dates - terms. (5) (f) Every candidate for director shall comply with the provisions of article 45 of title 1, C.R.S. Limits on contributions to candidates for director are specified in section 1-45-103.7 (1.5), C.R.S. The disclosure of such contributions is governed in accordance with the provisions of sections 1-45-108 and 1-45-109, C.R.S. SECTION 8. Specified effective date - applicability. This act shall take effect July 1, 2010, and shall apply to the portion of any election cycle or for the portion of the calendar year remaining after said date, and for any election cycle or calendar year commencing after said date. SECTION 9. 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.