NOTE: The governor signed this measure on 4/12/2012.
      
      
      SENATE BILL 12-146
      
      
      BY SENATOR(S) Hodge, Aguilar, Bacon, Carroll, Foster, Giron, Guzman,
      Harvey, Heath, Johnston, Morse, Neville, Newell, Nicholson, Schwartz,
      Steadman, Williams S., Shaffer B.;
      also REPRESENTATIVE(S) Peniston, Court, Ferrandino, Fields, Fischer,
      Hamner, Jones, Kerr A., Pabon, Pace, Schafer S., Solano, Todd, Tyler,
      Vigil, Young.
      
      
      Concerning limitations on the acceptance of certain benefits by
           specified governmental actors who are in a position to
           reward persons offering such benefits with official action.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-18-104, amend (2)
      as follows:
      
           24-18-104.  Rules of conduct for all public officers, members of
      the general assembly, local government officials, and employees. (2)  An
      economic benefit tantamount to a gift of substantial value includes without
      limitation:
      
           (a)  A loan at a rate of interest substantially lower than the
      commercial rate then currently prevalent for similar loans and compensation
      received for private services rendered at a rate substantially exceeding the
      fair market value of such services; or
      
           (b)  The acceptance by a public officer, a member of the
      general assembly, a local government official, or an employee of
      goods or services for his or her own personal benefit offered by a
      person who is at the same time providing goods or services to the
      state or a local government under a contract or other means by
      which the person receives payment or other compensation from the
      state or local government, as applicable, for which the officer,
      member, official, or employee serves, unless the totality of the
      circumstances attendant to the acceptance of the goods or
      services indicates that the transaction is legitimate, the terms
      are fair to both parties, the transaction is supported by full and
      adequate consideration, and the officer, member, official, or
      employee does not receive any substantial benefit resulting from
      his or her official or governmental status that is unavailable to
      members of the public generally.
      
           SECTION 2.  In Colorado Revised Statutes, 24-18-105, add (5) as
      follows:
      
           24-18-105.  Ethical principles for public officers, local
      government officials, and employees. (5)  Public officers, local
      government officials, and employees are discouraged from
      assisting or enabling members of their immediate family in
      obtaining employment, a gift of substantial value, or an economic
      benefit tantamount to a gift of substantial value from a person
      whom the officer, official, or employee is in a position to reward
      with official action or has rewarded with official action in the
      past.
      
           SECTION 3.  In Colorado Revised Statutes, 24-18-109, add (2) (c)
      as follows:
      
           24-18-109.  Rules of conduct for local government officials and
      employees. (2)  A local government official or local government employee
      shall not:
      
           (c)  Accept goods or services for his or her own personal
      benefit offered by a person who is at the same time providing goods
      or services to the local government for which the official or
      employee serves, under a contract or other means by which the
      person receives payment or other compensation from the local
      government, unless the totality of the circumstances attendant
      to the acceptance of the goods or services indicates that the
      transaction is legitimate, the terms are fair to both parties, the
      transaction is supported by full and adequate consideration, and
      the official or employee does not receive any substantial benefit
      resulting from his or her official or governmental status that is
      unavailable to members of the public generally.
      
           SECTION 4.  Applicability. The provisions of this act apply to
      actions undertaken by public officers, members of the general assembly,
      local government officials, and employees, as applicable, on or after the
      effective date of this act.
      
           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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO