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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0502.01 DLC HOUSE BILL 98­1188

STATE OF COLORADO

BY REPRESENTATIVES Snyder and Saliman.

REREVISED

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE "FAIR CAMPAIGN PRACTICES ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Specifies that a person remains a candidate for an undesignated office following an election and prior to filing a candidate affidavit for a particular office as long as the candidate maintains a registered candidate committee. Allows a candidate committee to accept contributions following an election and prior to filing a candidate affidavit for a particular office at the next election. Subjects such contributions to applicable contribution limits. Specifies when excess contributions must be returned to the contributor and when they may be disbursed pursuant to the provisions on unexpended campaign contributions.

Allows a candidate to accept voluntary spending limits at the time of filing a candidate affidavit instead of at the time of registering a candidate committee.

Permits officeholders to use unexpended contributions for voter registration, political education, scholarships, defraying expenditures related to mailings and similar communications to constituents, and any expenses directly related to the officeholder's official duties.

Provides that the amount of unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle is determined from the amount held by the committee on the last day of the month in which the election was held as shown on the candidate committee report filed 30 days after the election.

Specifies when reporting periods close and the dates on which such reports must be filed.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  1­45­103 (4), Colorado Revised Statutes, is amended to BY THE ADDITION OF A NEW PARAGRAPH to read:

1­45­103.  Definitions.  As used in this article:

(4) (c)  "CONTRIBUTION" DOES NOT INCLUDE A GIFT OF A MEAL AT A FUND­RAISING EVENT OF A POLITICAL PARTY FROM A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO A MEMBER OF OR CANDIDATE FOR THE GENERAL ASSEMBLY OR THE GOVERNOR OR A CANDIDATE FOR GOVERNOR WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION OR WHEN REGULAR SESSION LEGISLATION IS PENDING BEFORE THE GOVERNOR, SO LONG AS:

(I)  THE PURPOSE OF THE EVENT IS NOT TO RAISE MONEY FOR SPECIFICALLY DESIGNATED MEMBERS OF THE GENERAL ASSEMBLY, SPECIFICALLY DESIGNATED CANDIDATES FOR THE GENERAL ASSEMBLY, THE GOVERNOR, OR SPECIFICALLY DESIGNATED CANDIDATES FOR GOVERNOR;

(II)  THE EXPENDITURE FOR THE MEAL IS MADE BY THE LOBBYIST OR PRINCIPAL OF A LOBBYIST TO THE POLITICAL PARTY FOR PURPOSES OF PARTICIPATING IN THAT FUND­RAISING EVENT; AND

(III)  THE EXPENDITURE IS REPORTED IN THE LOBBYIST DISCLOSURE FILED PURSUANT TO SECTION 24­6­302, C.R.S.

SECTION 2.  1­45­104 (13) (c), Colorado Revised Statutes, is amended to read:

1­45­104.  Contribution limits. (13) (c) (I)  Nothing contained in this subsection SUBSECTION (13) shall be construed to prohibit lobbyists and their principals from raising money when the general assembly is in regular session or when regular session legislation is pending before the governor, except as specifically prohibited in paragraph (a) of this subsection SUBSECTION (13).

(II)  Nothing contained in this subsection SUBSECTION (13) shall be construed to prohibit a lobbyist or principal of a lobbyist from participating in a fund­raising event of a political party when the general assembly is in regular session or when regular session legislation is pending before the governor, so long as the purpose of the event is not to raise money for specifically designated members of the general assembly, specifically designated candidates for the general assembly, the governor, or specifically designated candidates for governor.

(III)  NOTHING CONTAINED IN THIS SUBSECTION (13) SHALL BE CONSTRUED TO PROHIBIT A GIFT OF A MEAL AT A FUND­RAISING EVENT OF A POLITICAL PARTY FROM A LOBBYIST OR A PRINCIPAL OF A LOBBYIST TO A MEMBER OF OR CANDIDATE FOR THE GENERAL ASSEMBLY OR THE GOVERNOR OR A CANDIDATE FOR GOVERNOR WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION OR WHEN REGULAR SESSION LEGISLATION IS PENDING BEFORE THE GOVERNOR, SO LONG AS:

(A)  THE PURPOSE OF THE EVENT IS NOT TO RAISE MONEY FOR SPECIFICALLY DESIGNATED MEMBERS OF THE GENERAL ASSEMBLY, SPECIFICALLY DESIGNATED CANDIDATES FOR THE GENERAL ASSEMBLY, THE GOVERNOR, OR SPECIFICALLY DESIGNATED CANDIDATES FOR GOVERNOR;

(B)  THE EXPENDITURE FOR THE MEAL IS MADE BY THE LOBBYIST OR PRINCIPAL OF A LOBBYIST TO THE POLITICAL PARTY FOR PURPOSES OF PARTICIPATING IN THAT FUND­RAISING EVENT; AND

(C)  THE EXPENDITURE IS REPORTED IN THE LOBBYIST DISCLOSURE FILED PURSUANT TO SECTION 24­6­302, C.R.S.

SECTION 3.  1­45­104 (13) (a) (II), Colorado Revised Statutes, is amended to read:

1­45­104.  Contribution limits. (13) (a)  No professional lobbyist, volunteer lobbyist, or principal of a professional lobbyist or volunteer lobbyist shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for:

(II) (A)  The governor or a candidate for governor when the general assembly is in regular session or when any measure adopted by the general assembly in a regular session is pending before the governor for approval or disapproval; OR

(B)  THE LIEUTENANT GOVERNOR, THE SECRETARY OF STATE, THE STATE TREASURER, THE ATTORNEY GENERAL, OR A CANDIDATE FOR ANY OF SUCH OFFICES WHEN THE GENERAL ASSEMBLY IS IN REGULAR SESSION.

SECTION 4.  1­45­105 (3), Colorado Revised Statutes, is amended to read:

1­45­105.  Voluntary campaign spending limits. (3)   Each state candidate who chooses to accept the applicable voluntary spending limit shall file a statement to that effect with the secretary of state at the time that the candidate registers a candidate committee pursuant to subsection 1­45­108 (3) FILES A CANDIDATE AFFIDAVIT PURSUANT TO SECTION 1­45­110 (1). Acceptance of the applicable voluntary spending limit shall be irrevocable except as set forth in subsection (4) of this section and shall subject the candidate to the penalties set forth in section 1­45­113 for exceeding the limit.

SECTION 5.  1­45­108 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

1­45­108.  Disclosure. (2) (c)  ALL REPORTS FILED WITH THE SECRETARY OF STATE PURSUANT TO THIS SUBSECTION (2) SHALL BE SUBJECT TO THE FOLLOWING:

(I)  THE REPORTING PERIOD FOR A QUARTERLY REPORT SHALL CLOSE ON THE LAST DAY OF THE MONTH AND SHALL BE FILED NO LATER THAN THE FIFTEENTH CALENDAR DAY FOLLOWING THE CLOSE OF THE REPORTING PERIOD.

(II)  THE REPORTING PERIOD FOR A MONTHLY REPORT SHALL CLOSE FIVE CALENDAR DAYS PRIOR TO THE LAST DAY OF THE MONTH AND SHALL BE FILED NO LATER THAN THE FIRST CALENDAR DAY OF THE FOLLOWING MONTH.

(III)  THE REPORTING PERIOD FOR THE REPORT DUE FOURTEEN CALENDAR DAYS PRIOR TO A MAJOR ELECTION SHALL CLOSE NINETEEN CALENDAR DAYS PRIOR TO THE ELECTION, AND THE REPORT SHALL BE FILED ON THE FOURTEENTH CALENDAR DAY PRIOR TO THE ELECTION.

(IV)  THE REPORTING PERIOD FOR THE REPORT DUE THIRTY CALENDAR DAYS AFTER A MAJOR ELECTION SHALL CLOSE ON THE LAST DAY OF THE CALENDAR MONTH IN WHICH THE ELECTION WAS HELD AND SHALL BE FILED NO LATER THAN THE THIRTIETH CALENDAR DAY FOLLOWING THE ELECTION.

SECTION 6.  1­45­113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

1­45­113.  Sanctions. (6) (a)  ANY INDIVIDUAL VOLUNTEERING HIS OR HER TIME ON BEHALF OF A CANDIDATE OR CANDIDATE COMMITTEE SHALL BE IMMUNE FROM CRIMINAL PROSECUTION OF A CLASS 2 MISDEMEANOR DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND FROM ANY LIABILITY FOR A FINE OR PENALTY IMPOSED PURSUANT TO THIS SECTION IN ANY PROCEEDING THAT IS BASED ON AN ACT OR OMISSION OF SUCH VOLUNTEER IF:

(I)  THE VOLUNTEER WAS ACTING IN GOOD FAITH AND WITHIN THE SCOPE OF SUCH VOLUNTEER'S OFFICIAL FUNCTIONS AND DUTIES FOR THE CANDIDATE OR CANDIDATE COMMITTEE; AND

(II)  THE VIOLATION WAS NOT CAUSED BY WILLFUL AND INTENTIONAL MISCONDUCT BY SUCH VOLUNTEER.

(b)  PARAGRAPH (a) OF THIS SUBSECTION (6) SHALL BE ADMINISTERED IN A MANNER THAT IS CONSISTENT WITH THE LEGISLATIVE DECLARATION SET FORTH IN SECTION 1­45­102.

SECTION 7. 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.