First Regular Session
Sixty-first General Assembly
LLS NO. 970504.01 MKD
HOUSE BILL 971211
STATE OF COLORADO
BY REPRESENTATIVES Schwarz, K. Alexander, Hagedorn, Kreutz, Musgrave, Paschall, and Salaz;
also SENATORS Rizzuto, Coffman, Congrove, Hernandez,
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING THE PROHIBITION OF THE EXPENDITURE OF
PUBLIC MONEYS BY ANY LOCAL GOVERNMENTAL UNIT FOR COSTS RELATING
TO ANY ORGANIZATION WHOSE MEMBERSHIP CONSISTS OF SIMILAR LOCAL
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Prohibits any local governmental unit in the state of Colorado from expending public moneys from any source for the purpose of membership in any association, corporation, or other organization whose membership consists of similar local governmental units in this state or for the purpose of funding the activities taken on behalf of local governmental units by such association, corporation, or organization. Defines "local governmental unit" and "public moneys".
Refers the question of such prohibition to the registered
electors of Colorado at the next general election.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
2419.5101. Legislative declaration local governmental units prohibition of use of public moneys for costs relating to certain organizations. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT LOCAL GOVERNMENTAL UNITS, AND THE EMPLOYEES OR REPRESENTATIVES THEREOF, HAVE THE RIGHT TO CREATE AND FREELY ASSOCIATE WITH ORGANIZATIONS THAT CONSIST OF SIMILAR LOCAL GOVERNMENTAL UNITS. THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS NOT IN THE BEST INTEREST OF THE STATE OR ITS CITIZENS TO ALLOW PUBLIC MONEYS TO BE EXPENDED FOR MEMBERSHIP IN SUCH ORGANIZATIONS OR FOR ACTIVITIES OF SUCH ORGANIZATIONS TAKEN ON BEHALF OF SUCH LOCAL GOVERNMENTAL UNITS.
(2) NO LOCAL GOVERNMENTAL UNIT SHALL EXPEND PUBLIC MONEYS FOR THE PURPOSE OF MEMBERSHIP IN OR ACTIVITIES TAKEN ON BEHALF OF SUCH LOCAL GOVERNMENTAL UNIT BY AN ASSOCIATION, CORPORATION, OR OTHER ORGANIZATION WHOSE MEMBERSHIP CONSISTS OF SIMILAR LOCAL GOVERNMENTAL UNITS LOCATED IN THIS STATE. NOTHING IN THIS SUBSECTION (2) SHALL BE CONSTRUED TO PROHIBIT ANY PERSON WHO IS AN EMPLOYEE OF OR WHO REPRESENTS ANY LOCAL GOVERNMENTAL UNIT FROM BELONGING TO OR TAKING PART IN ANY ACTIVITY ON BEHALF OF SUCH ASSOCIATION, CORPORATION, OR ORGANIZATION, SO LONG AS SUCH ACTION DOES NOT REQUIRE THE EXPENDITURE OF PUBLIC MONEYS.
(3) FOR PURPOSES OF THIS ARTICLE:
(a) "LOCAL GOVERNMENTAL UNIT" MEANS A LOCAL GOVERNMENT AS DEFINED BY SECTION 2419102 (4);
(b) "PUBLIC MONEYS" MEANS ANY MONEY, REGARDLESS OF SOURCE, HELD BY A LOCAL GOVERNMENTAL UNIT.
SECTION 2. Refer to people under referendum. This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALL THERE BE A PROHIBITION OF THE EXPENDITURE OR USE OF PUBLIC MONEYS BY ANY LOCAL GOVERNMENTAL UNIT FOR MEMBERSHIP IN OR ACTIONS TAKEN ON BEHALF OF SUCH LOCAL GOVERNMENTAL UNIT BY AN ASSOCIATION, CORPORATION, OR OTHER ORGANIZATION WHOSE MEMBERSHIP CONSISTS OF SIMILAR LOCAL GOVERNMENTAL UNITS ORGANIZED IN THIS STATE?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for canvassing of votes for representatives of Congress.