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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0545.01 DLC HOUSE BILL 98­1302

STATE OF COLORADO

BY REPRESENTATIVE May;

also SENATOR Arnold. ENGROSSED

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE "PAYCHECK PROTECTION ACT OF 1998", AND, IN CONNECTION THEREWITH, PROHIBITING THE EXPENDITURE OF PUBLIC MONEYS FOR THE PURPOSE OF COLLECTING POLITICAL FUNDS.

Bill Summary

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

Prohibits state agencies and political subdivisions of the state from expending any public moneys to collect or assist in the collection of political funds. Defines "political funds" as all or a portion of any moneys from which contributions are made to a candidate committee, political committee, issue committee, or political party or from which expenditures or independent expenditures are made for the purpose of advocating the election or defeat of any candidate or to support or oppose any ballot initiative or referendum.

Specifies that expenditures of public moneys includes compensation of a member or employee of or utilization of the property, equipment, or supplies of a state agency or political subdivision. Provides that the prohibition on collection of political funds by any state agency or political subdivision shall not be affected by any reimbursement or offer of reimbursement by any person for the cost of such collection.

Prohibits a state agency or political subdivision from collecting funds for any person that uses the funds for political purposes or commingles the funds with political funds.


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

SECTION 1.  Article 45 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

PAYCHECK PROTECTION ACT

1­45­201.  Short title.  THIS PART 2 SHALL BE KNOWN AND MAY BE CITED AS THE "PAYCHECK PROTECTION ACT OF 1998".

1­45­202.  State and political subdivisions ­ limitations on contributions. (1)  FOR PURPOSES OF THIS SECTION, "POLITICAL FUNDS" MEANS ALL OR A PORTION OF ANY MONEYS FROM WHICH:

(a)  CONTRIBUTIONS ARE MADE TO A CANDIDATE COMMITTEE, POLITICAL COMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARTY; OR

(b)  EXPENDITURES OR INDEPENDENT EXPENDITURES ARE MADE FOR THE PURPOSE OF ADVOCATING THE ELECTION OR DEFEAT OF ANY CANDIDATE OR TO SUPPORT OR OPPOSE ANY BALLOT INITIATIVE OR REFERENDUM, INCLUDING, BUT NOT LIMITED TO, EXPENDITURES MADE TO COLLECT SIGNATURES FOR INITIATIVE PETITIONS AND FOR DIRECT MAIL AND MEDIA CAMPAIGNS TO SOLICIT SIGNATURES FOR INITIATIVE PETITIONS OR TO DISCOURAGE ELECTORS FROM SIGNING INITIATIVE PETITIONS.

(2)  NO AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, OR COUNCIL OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF SHALL EXPEND ANY PUBLIC MONEYS FROM ANY SOURCE TO COLLECT OR ASSIST IN THE COLLECTION OF ANY POLITICAL FUNDS.

(3)  FOR PURPOSES OF THIS SECTION, AN EXPENDITURE OF PUBLIC MONEYS INCLUDES COMPENSATION OF A MEMBER OR EMPLOYEE OF OR UTILIZATION OF THE PROPERTY, EQUIPMENT, OR SUPPLIES OF ANY SUCH AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, COUNCIL, OR POLITICAL SUBDIVISION.

(4)  THE PROHIBITION ON COLLECTION OF POLITICAL FUNDS BY ANY SUCH AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, COUNCIL, OR POLITICAL SUBDIVISION SHALL NOT BE AFFECTED BY ANY REIMBURSEMENT OR OFFER OF REIMBURSEMENT BY ANY PERSON FOR THE COST OF SUCH COLLECTION.

(5)  ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO SUCH AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, COUNCIL, OR POLITICAL SUBDIVISION SHALL COLLECT OR ASSIST IN THE COLLECTION OF MONEYS THAT WILL BE USED BY ANY PERSON:

(a)  TO MAKE CONTRIBUTIONS TO A CANDIDATE COMMITTEE, POLITICAL COMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARTY; OR

(b)  TO MAKE EXPENDITURES OR INDEPENDENT EXPENDITURES FOR THE PURPOSE OF ADVOCATING THE ELECTION OR DEFEAT OF ANY CANDIDATE OR TO SUPPORT OR OPPOSE ANY BALLOT INITIATIVE OR REFERENDUM, INCLUDING, BUT NOT LIMITED TO, EXPENDITURES MADE TO COLLECT SIGNATURES FOR INITIATIVE PETITIONS AND FOR DIRECT MAIL AND MEDIA CAMPAIGNS TO SOLICIT SIGNATURES FOR INITIATIVE PETITIONS OR TO DISCOURAGE ELECTORS FROM SIGNING INITIATIVE PETITIONS.

(6)  ANY PERSON WHO BELIEVES THAT A VIOLATION OF THIS SECTION HAS OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE SECRETARY OF STATE PURSUANT TO SECTION 1­45­111 (2).

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 ON THE EXPENDITURE OF PUBLIC MONEYS BY ANY STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE FOR THE PURPOSE OF COLLECTING MONEYS FROM WHICH CAMPAIGN CONTRIBUTIONS OR EXPENDITURES WILL BE MADE FOR THE PURPOSE OF ADVOCATING THE ELECTION OR DEFEAT OF ANY CANDIDATE OR TO SUPPORT OR OPPOSE ANY BALLOT INITIATIVE OR REFERENDUM, AND, IN CONNECTION THEREWITH, PROHIBITING ANY SUCH AGENCY OR POLITICAL SUBDIVISION FROM COLLECTING MONEYS THAT WILL BE USED BY ANY PERSON TO MAKE SUCH CAMPAIGN CONTRIBUTIONS OR EXPENDITURES?@ 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 the canvassing of votes for representatives in Congress.