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 11-1117
      
      
      BY REPRESENTATIVE(S) McCann and Court, Gardner B., Kagan,
      Kerr A., Lee, Liston, Looper, Ryden, Waller, Ferrandino, Fields,
      Gardner D., Gerou, Labuda, Schafer S., Todd, Tyler, Williams A., Wilson;
      also SENATOR(S) King S., Carroll, Guzman, Jahn, Steadman, Tochtrop.
      
      
      Concerning subpoenas issued by administrative law judges in
           campaign finance proceedings.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  1-45-111.5, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           1-45-111.5.  Duties of the secretary of state - enforcement -
      sanctions.  (4) (a)  Upon failure of a witness or party to comply with
      an administrative subpoena issued in relation to an alleged
      campaign finance violation pursuant to article XXVIII of the
      state constitution or this article, the party that requested the
      administrative subpoena or the issuing agency may petition the
      district court, ex parte with a copy of the petition sent to the
      subpoenaed witness or party and the administrative law judge  by
      regular mail, for an order directing the witness or party to
      comply with the administrative subpoena.
      
           (b)  If the petition required by paragraph (a) of this
      subsection (4) shows to the district court's satisfaction that the
      administrative subpoena was properly served pursuant to rule 4
      of the Colorado rules of civil procedure, the district court shall
      order the subpoenaed witness or party to appear before the
      district court and show cause why the witness or party should
      not be ordered to comply with the administrative subpoena.  A
      copy of the petition and the court order shall be served, pursuant
      to rule 5 of the Colorado rules of civil procedure, on the witness
      or party at least fifteen days before the date designated for the
      witness or party to appear before the district court.
      
           (c)  At a show cause hearing ordered by the district court
      pursuant to paragraph (b) of this subsection (4), the court shall
      review the administrative subpoena and any evidence presented by
      the parties to determine compliance with the Colorado rules of
      civil procedure.  The subpoenaed witness or party shall bear the
      burden of showing good cause as to why he or she should not be
      ordered to comply with the administrative subpoena.
      
           (d)  If the court determines that the subpoenaed witness or
      party is required to comply with the administrative subpoena:
      
           (I)  The district court shall order compliance forthwith and
      may impose remedial and punitive fines, including attorneys' fees
      and costs, for the witness's or party's failure to comply with the
      administrative subpoena; and
      
           (II)  The administrative law judge shall schedule a hearing
      on the complaint to occur on a day after the occurrence of the
      required deposition and such other discovery as may be warranted
      due to such deposition.
      
           (e)  If the subpoenaed witness or party fails to appear at the
      show cause hearing, the district court may issue a bench warrant
      for the arrest of the subpoenaed witness or party and may impose
      other sanctions pursuant to the Colorado rules of civil
      procedure.
      
           SECTION 2.  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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO