First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0514.01 Bob Lackner x4350 HOUSE BILL 13-1099 HOUSE SPONSORSHIP Wright, Everett, Priola, Landgraf, Nordberg, Scott SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the application of the public official disclosure law to certain appointed public officials. 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.) The bill subjects to the financial disclosure and gift and honoraria disclosure requirements of the state's public official disclosure law: An individual serving in a temporary or permanent capacity as the head of a principal department of the executive branch of state government or of a state agency; and An individual serving in a temporary or permanent capacity as the manager, executive, or administrator, as applicable, of a city or county, or an individual serving in a temporary or permanent capacity as the head of a department of a city or county. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-6-202, add (1) (i), (1) (j), and (8) as follows: 24-6-202. Disclosure - contents - filing - false or incomplete filing - penalty - definitions. (1) Except as otherwise provided in subsection (1.7) of this section, not later than the January 10 following his or her election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by: (i) An individual serving in a temporary or permanent capacity as the head of a principal department of the executive branch of state government or of a state agency; (j) An individual serving in a temporary or permanent capacity as the manager, executive, or administrator, as applicable, of a local government, or an individual serving in a temporary or permanent capacity as the head of a department of a local government. (8) For purposes of this section: (a) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county. (b) "State agency" has the same meaning as set forth in section 24-18-102 (9). SECTION 2. In Colorado Revised Statutes, 24-6-203, amend (2), (3) (f), (3.5), (3.7), (4) (d), (4) (f), and (5); and add (1) (d), (1) (e), and (1) (f) as follows: 24-6-203. Reporting by incumbents and elected candidates - gifts, honoraria, and other benefits - prohibition on monetary gifts - penalty - definitions. (1) (d) As used in this section, "appointed official" means: (I) An individual serving in a temporary or permanent capacity as the head of a principal department of the executive branch of state government or of a state agency; or (II) An individual serving in a temporary or permanent capacity as the manager, executive, or administrator, as applicable, of a local government, or an individual serving in a temporary or permanent capacity as the head of a department of a local government. (e) As used in this section, "local government" means a county, home rule or statutory city, town, territorial charter city, or city and county. (f) As used in this section, "state agency" has the same meaning as set forth in section 24-18-102 (9). (2) Every incumbent in or candidate elected to public office and every appointed official who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's, or elected candidate's, or appointed official's public service shall file with the appropriate officer, on or before January 15, April 15, July 15, and October 15 of each year, a report covering the period since the last report. The requirement of this subsection (2) pertaining to the report due January 15 shall extend to an incumbent leaving public office between October 15 and January 15, who shall file with the appropriate officer by January 15 a report that covers any items received during the period since the last report. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall furnish such forms to municipal clerks, to county clerk and recorders, and to incumbents, and elected candidates for state offices, appointed officials, and district offices of districts greater than a county free of charge for use by incumbents, and elected candidates, and appointed officials required to file such forms. If any incumbent in or candidate elected to public office or appointed official does not receive any such item, he or she shall not be required to file such report. (3) The reports required by subsection (2) of this section shall include the following: (f) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate who has been sworn into public office or appointed official is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, unless the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent, or elected candidate, or appointed official subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's, or elected candidate's, or appointed official's office or the governmental entity in which such office is held; (3.5) (a) Each incumbent in or candidate elected to covered state office or appointed official is prohibited from knowingly receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate: (I) A gift of any money, including but not limited to a loan, pledge, or advance of money, a guarantee of a loan of money, or any monetary payment given, directly or indirectly, for the purpose of defraying any expenses related to the official duties undertaken by the incumbent, or elected candidate, or appointed official; or (II) An in-kind gift. (b) Nothing in paragraph (a) of this subsection (3.5) shall be construed to prohibit an incumbent, or elected candidate, or appointed official from receiving a salary or other compensation paid to the incumbent, or elected candidate, or appointed official in connection with the performance of his or her official duties, including, without limitation, payment for a speech, appearance, or publication or payment of or reimbursement for actual and necessary expenditures for travel and lodging to the extent the incumbent or elected candidate who has been sworn into covered state office or appointed official is permitted to accept or receive such items in accordance with the provisions of section 3 of article XXIX of the state constitution. (c) For purposes of this subsection (3.5), an "in-kind gift" means any gift of equipment, goods, supplies, property, services, or anything else, the value of which exceeds fifty dollars in the aggregate in any one calendar year, given, directly or indirectly, to an incumbent in or candidate elected to covered state office or appointed official for the purpose of defraying any expenses related to the official duties undertaken by the incumbent, or elected candidate, or appointed official. (3.7) Notwithstanding any other provision of this section, no incumbent in or candidate elected to covered state office or appointed official shall accept a gift of any money from any person who is a professional or volunteer lobbyist or from a corporation or labor organization. (4) The reports required by subsection (2) of this section need not include the following: (d) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent, or elected candidate, or appointed official is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, if the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate or appointed official subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's, or elected candidate's, or appointed official's office or the governmental entity in which such office is held; (f) Except as otherwise described in this subsection (4), any other gift or thing of value an incumbent or elected candidate who has been sworn into public office or appointed official is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution. (5) Any person who provides an incumbent, or elected candidate, or appointed official with any item required to be reported by the incumbent, or elected candidate, or appointed official pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item. SECTION 3. Effective date. This act takes effect July 1, 2013. SECTION 4. 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.