First Regular Session
Sixty-second General Assembly
LLS NO. 99-0166.01 Duane Gall HOUSE BILL 99-1189
STATE OF COLORADO
BY REPRESENTATIVES May, Alexander, Allen, Berry, Clapp, Dean,
Decker, Fairbank, Hefley, Johnson, Kester, King, Larson, Lee,
McElhany, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall,
Pfiffner, Sinclair, Smith, Spence, Stengel, Swenson, Webster, T.
Williams, Witwer, Young;
also SENATORS Andrews, Arnold, Congrove, Epps, Hillman, Tebedo.
REENGROSSED
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING A PROHIBITION ON THE EXPENDITURE OF PUBLIC MONEYS
102 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.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
Prohibits state agencies and political subdivisions of the state from
expending any public moneys to collect or assist in the collection of
political funds or from collecting funds for any person that uses the funds
for political purposes or commingles the funds with 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.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 45 of title 1, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
4 1-45-119. State and political subdivisions - limitations on
5 contributions. (1) FOR PURPOSES OF THIS SECTION, "POLITICAL FUNDS"
6 MEANS ALL OR A PORTION OF ANY MONEYS FROM WHICH:
7 (a) CONTRIBUTIONS ARE MADE TO A CANDIDATE COMMITTEE,
8 POLITICAL COMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARTY; OR
9 (b) EXPENDITURES OR INDEPENDENT EXPENDITURES ARE MADE FOR
10 THE PURPOSE OF ADVOCATING THE ELECTION OR DEFEAT OF ANY
11 CANDIDATE OR TO SUPPORT OR OPPOSE ANY BALLOT INITIATIVE OR
12 REFERENDUM, INCLUDING, BUT NOT LIMITED TO, EXPENDITURES MADE TO
13 COLLECT SIGNATURES FOR INITIATIVE PETITIONS AND FOR DIRECT MAIL
14 AND MEDIA CAMPAIGNS TO SOLICIT SIGNATURES FOR INITIATIVE PETITIONS
15 OR TO DISCOURAGE ELECTORS FROM SIGNING INITIATIVE PETITIONS.
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1 (2) NO AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU,
2 COMMISSION, OR COUNCIL OF THE STATE OR ANY POLITICAL SUBDIVISION
3 OF THE STATE SHALL EXPEND ANY PUBLIC MONEYS FROM ANY SOURCE TO
4 COLLECT OR ASSIST IN THE COLLECTION OF ANY POLITICAL FUNDS; NOR
5 SHALL ANY SUCH AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU,
6 COMMISSION, OR COUNCIL OF THE STATE OR ANY POLITICAL SUBDIVISION
7 COLLECT OR ASSIST IN THE COLLECTION OF FUNDS FOR ANY PERSON THAT:
8 (a) USES SUCH FUNDS FOR POLITICAL PURPOSES; OR
9 (b) COMMINGLES SUCH FUNDS WITH POLITICAL FUNDS.
10 (3) FOR PURPOSES OF THIS SECTION, AN EXPENDITURE OF PUBLIC
11 MONEYS INCLUDES COMPENSATION OF A MEMBER OR EMPLOYEE OF OR
12 UTILIZATION OF THE PROPERTY, EQUIPMENT, OR SUPPLIES OF ANY SUCH
13 AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION,
14 COUNCIL, OR POLITICAL SUBDIVISION.
15 (4) THE PROHIBITION ON COLLECTION OF POLITICAL FUNDS BY ANY
16 SUCH AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION,
17 COUNCIL, OR POLITICAL SUBDIVISION SHALL NOT BE AFFECTED BY ANY
18 REIMBURSEMENT OR OFFER OF REIMBURSEMENT BY ANY PERSON FOR THE
19 COST OF SUCH COLLECTION.
20 (5) ANY PERSON WHO BELIEVES THAT A VIOLATION OF THIS
21 SECTION HAS OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE
22 SECRETARY OF STATE PURSUANT TO SECTION 1-45-111 (2).
23 [(6) THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE
24 EXPENDITURES OF PUBLIC MONEYS BY AN AGENCY, DEPARTMENT, BOARD,
25 DIVISION, BUREAU, COMMISSION, OR COUNCIL OF THE STATE OR OF A
26 POLITICAL SUBDIVISION OF THE STATE TO COLLECT OR ASSIST IN THE
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1 COLLECTION OF FUNDS FOR CHARITABLE PURPOSES FOR ORGANIZATIONS
2 EXEMPT FROM TAXATION UNDER SECTION 501(c)(3) OF THE FEDERAL
3 "INTERNAL REVENUE CODE OF 1986".]
4 SECTION 2. Safety clause. The general assembly hereby finds,
5 determines, and declares that this act is necessary for the immediate
6 preservation of the public peace, health, and safety.