First Regular Session
Sixty-second General Assembly
LLS NO. 99-0578.01 Bob Lackner HOUSE BILL 99-1296
STATE OF COLORADO
BY REPRESENTATIVE Hagedorn, George.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING STANDARDS OF CONDUCT FOR PERSONS INVOLVED IN
102 GOVERNMENT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Provides restrictions on the behavior of lobbyists.
Clarifies rules of conduct for members of the general assembly,
local government officials, and local government employees regarding:
Confidential information; and
The solicitation or acceptance of gifts or other substantial
economic benefits.
Promulgates new rules of conduct for members of the general
assembly regarding:
Using public resources for private purposes;
Advancing the employment of a person in such member's
family or household;
Seeking or soliciting a gift, gratuity, or favor; and
Accepting any thing of economic value under any contract
or grant.
Makes the following conduct of public officers and state
employees a violation of the rules of conduct, instead of the ethical
principals, contained in the state code of ethics:
Participating in, voting on, influencing, or attempting to
influence official action where the public officer or state
employee has a pecuniary interest or a reasonably
foreseeable benefit from a matter under consideration by
the governmental entity with which the public officer or
state employee is affiliated;
[ ] 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.
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Disclosing or using for personal profit without appropriate
authorization confidential information acquired in the
course of the public officer's or state employee's official
duties;
Seeking, soliciting, or accepting a gift of substantial value
or an economic benefit tantamount to a gift of substantial
value unless a showing can be made that the gift or benefit
is unrelated to official business;
Receiving any such gift or benefit under a private contract
or grant;
Advocating or causing the employment or appointment of
a member of the public officer's or state employee's
household or family; and
Receiving honoraria unless specifically authorized by the
state agency employing such public officer or state
employee.
Allows the executive director of a principal department of the
executive branch to establish policies concerning the acceptance of gifts
by officers and employees of that department.
Consolidates the rules of conduct for public officers and
employees into one section of the state code of ethics.
Provides separate civil proceedings and penalties under the
direction of the attorney general for enforcing the rules of conduct for
public officers and employees.
Authorizes the board of ethics for the general assembly to consider
issues or complaints involving the ethical misconduct of members of the
general assembly. Establishes certain board requirements for
appointment, convening, selection of a chairperson and vice-chairperson,
and prescribing rules. Requires the development and adoption of a code
of ethics for the general assembly.
Removes public officers and employees from the applicability of
the ethical principle discouraging certain post-termination employment
of such officers or employees. Subjects the officers, employees, and
members of the general assembly to specific post-termination
employment restrictions prohibiting the officers, employees, and
members from representing, appearing on behalf of, or advising persons
in connection with certain matters in which the state is a party, except
that a former member is permitted to act as a volunteer lobbyist. Allows
the executive director of a principal department of the executive branch
to waive the application of such restrictions to a public officer or
employee under certain circumstances or enter into contracts containing
more stringent restrictions.
Authorizes the executive director of a principal department of the
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executive branch, in consultation with the board of ethics of the executive
department, to develop and adopt a code of ethics for each such
department.
Subjects violators of the post-termination employment restrictions
to the same civil proceedings and penalties as those for violating the rules
of conduct.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 3 of article 6 of title 24, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 24-6-308.5. Restrictions on lobbying activities. (1) ANY
6 PERSON WHO ENGAGES IN LOBBYING ACTIVITIES SHALL NOT:
7 (a) INTENTIONALLY DECEIVE OR ATTEMPT TO DECEIVE ANY PUBLIC
8 OFFICIAL WITH REGARD TO ANY MATERIAL FACT PERTINENT TO PENDING OR
9 PROPOSED LEGISLATIVE OR ADMINISTRATIVE ACTION;
10 (b) CAUSE OR INFLUENCE THE INTRODUCTION OF A LEGISLATIVE
11 MEASURE SOLELY FOR THE PURPOSE OF THEREAFTER BEING EMPLOYED TO
12 SECURE ITS PASSAGE OR DEFEAT;
13 (c) CAUSE A COMMUNICATION TO BE SENT TO A PUBLIC OFFICIAL
14 IN THE NAME OF ANY FICTITIOUS PERSON OR IN THE NAME OF ANY REAL
15 PERSON WITHOUT THE CONSENT OF THAT PERSON; OR
16 (d) SERVE AS A MEMBER OF A STATE BOARD OR COMMISSION IF THE
17 LOBBYIST'S EMPLOYER MAY RECEIVE DIRECT ECONOMIC BENEFIT FROM A
18 DECISION OF THAT BOARD OR COMMISSION.
19 SECTION 2. 24-18-101, Colorado Revised Statutes, is amended
20 to read:
21 24-18-101. Legislative declaration. (1) The general assembly
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1 recognizes the importance of the participation of the citizens of this state
2 in all levels of government in the state. The general assembly further
3 recognizes that, when citizens of this state obtain public office, conflicts
4 may arise between the public duty of such a citizen and his or her private
5 interest. The general assembly hereby declares that the prescription of
6 some standards of conduct common to those citizens involved with
7 government is beneficial to all residents of the state. The provisions of
8 this part 1 recognize that some actions are conflicts per se between public
9 duty and private interest, while other actions may or may not pose such
10 conflicts depending upon the surrounding circumstances.
11 (2) THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT IT IS
12 ESSENTIAL TO THE PROPER CONDUCT AND OPERATION OF GOVERNMENT
13 THAT PUBLIC OFFICIALS BE INDEPENDENT AND IMPARTIAL AND THAT A
14 PUBLIC OFFICE NOT BE USED FOR PRIVATE GAIN OTHER THAN THE
15 REMUNERATION PROVIDED BY LAW. THEREFORE, THE GENERAL ASSEMBLY
16 FINDS THAT THE PUBLIC INTEREST REQUIRES THAT THE LAW PROTECT
17 AGAINST ANY CONFLICT OF INTEREST AND ESTABLISH STANDARDS FOR THE
18 CONDUCT OF ELECTED OFFICIALS AND GOVERNMENT EMPLOYEES IN
19 SITUATIONS WHERE CONFLICTS MAY EXIST.
20 (3) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
21 (a) IT IS ESSENTIAL THAT GOVERNMENT ATTRACT THOSE
22 INDIVIDUALS BEST QUALIFIED TO SERVE;
23 (b) THE LAW AGAINST CONFLICTS OF INTEREST MUST BE DESIGNED
24 NOT TO IMPEDE UNREASONABLY OR UNNECESSARILY THE RECRUITMENT
25 AND RETENTION BY STATE GOVERNMENT OF THOSE INDIVIDUALS BEST
26 QUALIFIED TO SERVE; AND
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1 (c) PUBLIC OFFICIALS SHOULD NOT BE DENIED THE OPPORTUNITY
2 TO ACQUIRE AND RETAIN PRIVATE ECONOMIC BENEFITS AVAILABLE TO ALL
3 OTHER CITIZENS EXCEPT WHEN CONFLICTS WITH THE RESPONSIBILITY OF
4 SUCH OFFICIALS TO THE PUBLIC CANNOT BE AVOIDED.
5 SECTION 3. 24-18-102, Colorado Revised Statutes, is amended
6 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
7 read:
8 24-18-102. Definitions. As used in this part 1, unless the context
9 otherwise requires:
10 (6.5) "MEMBER" MEANS A MEMBER OF THE COLORADO GENERAL
11 ASSEMBLY.
12 (10) "STATE EMPLOYEE" MEANS ANY TEMPORARY OR PERMANENT
13 EMPLOYEE OF A STATE AGENCY, EXCEPT A MEMBER OF THE GENERAL
14 ASSEMBLY, AN EMPLOYEE UNDER CONTRACT TO THE STATE, MEMBERS OF
15 ANY BOARD OR COMMISSION SERVING WITHOUT COMPENSATION EXCEPT
16 FOR PER DIEM ALLOWANCES PROVIDED BY LAW AND REIMBURSEMENT OF
17 EXPENSES, AND STUDENTS OR INMATES IN STATE EDUCATIONAL OR OTHER
18 INSTITUTIONS EMPLOYED THEREIN.
19 SECTION 4. 24-18-103 (2), Colorado Revised Statutes, is
20 amended to read:
21 24-18-103. Public trust - breach of fiduciary duty. (2) A public
22 officer, member, of the general assembly, local government official, or
23 employee whose conduct departs from his OR HER fiduciary duty is liable
24 to the people of the state as a trustee of property and shall suffer such
25 other liabilities as a private fiduciary would suffer for abuse of his OR HER
26 trust. The district attorney of the district where the trust is violated may
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1 bring appropriate judicial proceedings on behalf of the people; EXCEPT
2 THAT A VIOLATION OF SECTION 24-18-108 OR 24-18-301 SHALL BE
3 GOVERNED BY THE PROVISIONS OF SECTION 24-18-108 (13). Any moneys
4 collected in such actions shall be paid to the general fund of the state or
5 local government. Judicial proceedings pursuant to this section shall be
6 in addition to any criminal action which THAT may be brought against
7 such public officer, member, of the general assembly, local government
8 official, or employee.
9 SECTION 5. 24-18-104, Colorado Revised Statutes, is amended
10 to read:
11 24-18-104. Rules of conduct for members of the general
12 assembly, local government officials, and local government employees.
13 (1) Proof beyond a reasonable doubt of commission of any act
14 enumerated in this section is proof that the actor has breached his OR HER
15 fiduciary duty and the public trust. A public officer, A member, of the
16 general assembly, a local government official, or an employee shall not:
17 (a) Disclose or use confidential information acquired in the course
18 of his official duties in order to further substantially his personal financial
19 interests DURING THE PERIOD OF HIS OR HER EMPLOYMENT AND FOR TWO
20 YEARS THEREAFTER, DISCLOSE OR USE FOR PERSONAL PROFIT, WITHOUT
21 APPROPRIATE AUTHORIZATION, ANY INFORMATION ACQUIRED IN THE
22 COURSE OF HIS OR HER OFFICIAL DUTIES THAT:
23 (I) HAS BEEN CLEARLY DESIGNATED AS CONFIDENTIAL WHEN SUCH
24 CONFIDENTIALITY DESIGNATION IS WARRANTED BECAUSE OF THE STATUS
25 OF THE PROCEEDINGS OR THE CIRCUMSTANCES UNDER WHICH THE
26 INFORMATION WAS RECEIVED AND PRESERVING ITS CONFIDENTIALITY IS
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1 NECESSARY TO THE PROPER CONDUCT OF GOVERNMENT BUSINESS; OR
2 (II) IS DECLARED CONFIDENTIAL BY LAW; or
3 (b) Accept a gift of substantial value or a substantial AN economic
4 benefit tantamount to a gift of substantial value FOR THE PRIVATE BENEFIT
5 OF THE MEMBER, LOCAL GOVERNMENT OFFICIAL, OR EMPLOYEE OR HIS OR
6 HER IMMEDIATE FAMILY OR AN ORGANIZATION WITH WHICH SUCH
7 MEMBER, OFFICIAL, OR EMPLOYEE IS ASSOCIATED, UNLESS SUCH MEMBER,
8 OFFICIAL, OR EMPLOYEE CAN SHOW BY CLEAR AND CONVINCING EVIDENCE
9 THAT:
10 (I) Which would tend improperly to influence a reasonable person
11 in his position to depart from the faithful and impartial discharge of his
12 public duties; or THE GIFT OR BENEFIT WAS CONVEYED FOR A REASON
13 UNRELATED TO AND NOT ARISING FROM THE RECIPIENT'S CURRENT OR
14 FORMER PUBLIC OFFICE OR PUBLIC POSITION;
15 (II) Which he knows or which a reasonable person in his position
16 should know under the circumstances is primarily for the purpose of
17 rewarding him for official action he has taken THE GIFT OR BENEFIT WAS
18 CONVEYED FOR A REASON UNRELATED TO ACTIONS OR MATTERS BEFORE
19 OR AFFECTING THE GOVERNMENTAL ENTITY WITH WHICH THE MEMBER,
20 OFFICIAL, OR EMPLOYEE IS AFFILIATED; AND
21 (III) IN THE CASE OF A MEMBER, WHERE THE GIFT OR BENEFIT WAS
22 CONVEYED AFTER ADJOURNMENT OF THE LEGISLATIVE SESSION, SUCH GIFT
23 OR BENEFIT WAS CONVEYED FOR A REASON UNRELATED TO AND NOT
24 ARISING FROM A MATTER PENDING BEFORE THE GENERAL ASSEMBLY.
25 (2) FOR PURPOSES OF THIS SECTION, A "GIFT OF SUBSTANTIAL
26 VALUE" OR an "economic benefit tantamount to a gift of substantial value"
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1 includes without limitation a loan at a rate of interest substantially lower
2 than the commercial rate then currently prevalent for similar loans and
3 compensation received for private services rendered at a rate substantially
4 exceeding the fair market value of such services.
5 (3) The following shall not be considered gifts of substantial value
6 or gifts of substantial economic benefit tantamount to gifts of substantial
7 value for purposes of this section:
8 (a) Campaign contributions and contributions in kind reported as
9 required by section 1-45-108, C.R.S.;
10 (b) An occasional nonpecuniary gift, insignificant in value;
11 (c) A nonpecuniary award publicly presented by a nonprofit
12 organization in recognition of public service;
13 (d) Payment of or reimbursement for actual and necessary
14 expenditures for travel and subsistence for attendance at a convention or
15 other meeting at which such public officer, member, of the general
16 assembly, local government official, or employee is scheduled to
17 participate;
18 (e) Reimbursement for or acceptance of an opportunity to
19 participate in a social function or meeting which THAT is offered to such
20 public officer, member, of the general assembly, local government
21 official, or employee which THAT is not extraordinary when viewed in
22 light of the position held by such public officer, member, of the general
23 assembly, local government official, or employee;
24 (f) Items of perishable or nonpermanent value, including, but not
25 limited to, meals, lodging, travel expenses, or tickets to sporting,
26 recreational, educational, or cultural events;
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1 (g) Payment for speeches, appearances, or publications reported
2 pursuant to section 24-6-203;
3 (h) Payment of salary from employment, including other
4 government employment, in addition to that earned from being a member
5 of the general assembly or by reason of service in other public office;
6 (i) A CERTIFICATE, PLAQUE, OR COMMEMORATIVE TOKEN VALUED
7 AT ONE HUNDRED FIFTY DOLLARS OR LESS;
8 (j) INFORMATIONAL OR PROMOTIONAL MATERIALS;
9 (k) EDUCATIONAL MATERIAL DIRECTLY RELATED TO SUCH
10 MEMBER'S, OFFICIAL'S, OR EMPLOYEE'S GOVERNMENTAL DUTIES.
11 (4) The provisions of this section are distinct from and in addition
12 to the reporting requirements of section 1-45-108, C.R.S., and section
13 24-6-203 and do not relieve an incumbent in or elected candidate to
14 public office from reporting an item described in subsection (3) of this
15 section, if such reporting provisions apply.
16 (5) A MEMBER SHALL NOT SEEK OR SOLICIT, DIRECTLY OR
17 INDIRECTLY, ANY GIFT, GRATUITY, OR FAVOR FROM ANY PERSON IF IT
18 COULD BE REASONABLY EXPECTED THAT THE GIFT, GRATUITY, OR FAVOR
19 WOULD INFLUENCE THE VOTE, ACTION, OR JUDGMENT OF SUCH MEMBER OR
20 BE CONSIDERED AS PART OF A REWARD FOR ACTION OR INACTION ON THE
21 PART OF THE MEMBER.
22 (6) A MEMBER SHALL NOT ACCEPT ANY THING OF ECONOMIC VALUE
23 UNDER ANY CONTRACT OR GRANT OUTSIDE OF HIS OR HER OFFICIAL
24 DUTIES. THE PROHIBITION CONTAINED IN THIS SUBSECTION (6) SHALL NOT
25 APPLY WHEN EACH OF THE FOLLOWING CONDITIONS IS MET:
26 (a) THE CONTRACT OR GRANT IS BONA FIDE AND ACTUALLY
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1 PERFORMED;
2 (b) THE PERFORMANCE OR ADMINISTRATION OF THE CONTRACT OR
3 GRANT IS NOT WITHIN THE COURSE OF SUCH MEMBER'S OFFICIAL DUTIES OR
4 IS NOT UNDER THE MEMBER'S SUPERVISION; AND
5 (c) THE CONTRACT OR GRANT WOULD NOT REQUIRE
6 UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION.
7 (7) A MEMBER SHALL NOT:
8 (a) ADVOCATE OR CAUSE THE EMPLOYMENT, APPOINTMENT,
9 PROMOTION, TRANSFER, OR ADVANCEMENT TO AN OFFICE OR POSITION OF
10 THE STATE OR ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION
11 THEREOF, OF ANY PERSON IN SUCH MEMBER'S FAMILY OR HOUSEHOLD OR
12 SUPERVISE OR MANAGE ANY PERSON IN SUCH MEMBER'S FAMILY OR
13 HOUSEHOLD;
14 (b) PARTICIPATE IN AN ACTION RELATING TO THE EMPLOYMENT OR
15 DISCIPLINE OF ANY PERSON IN SUCH MEMBER'S FAMILY OR HOUSEHOLD.
16 SECTION 6. 24-18-105, Colorado Revised Statutes, is amended
17 to read:
18 24-18-105. Ethical principles for local government officials and
19 local government employees. (1) The principles in this section are
20 intended as guides to conduct and do not constitute violations as such of
21 the public trust of office or employment in state or local government.
22 (2) A public officer, A local government official or an employee
23 should not acquire or hold an interest in any business or undertaking
24 which THAT he OR SHE has reason to believe may be directly and
25 substantially affected to its economic benefit by official action to be taken
26 by an agency over which he OR SHE has substantive authority.
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1 (3) A public officer, A local government official or an employee
2 should not, within six months following the termination of his OR HER
3 office or employment, obtain employment in which he OR SHE will take
4 direct advantage, unavailable to others, of matters with which he OR SHE
5 was directly involved during his THE term of employment. These matters
6 include rules, other than rules of general application, which THAT he OR
7 SHE actively helped to formulate and applications, claims, or contested
8 cases in the consideration of which he OR SHE was an active participant.
9 (4) A public officer, A local government official or an employee
10 should not perform an official act directly and substantially affecting a
11 business or other undertaking to its economic detriment when he OR SHE
12 has a substantial financial interest in a competing firm or undertaking.
13 SECTION 7. 24-18-106 (2), Colorado Revised Statutes, is
14 amended, and the said 24-18-106 is further amended BY THE
15 ADDITION OF A NEW SUBSECTION, to read:
16 24-18-106. Rules of conduct for members of the general
17 assembly. (2) A MEMBER SHALL NOT USE PUBLIC FUNDS, TIME,
18 PERSONNEL, FACILITIES, OR EQUIPMENT FOR THE MEMBER'S PRIVATE GAIN
19 OR THAT OF ANOTHER UNLESS THE USE IS AUTHORIZED BY LAW; EXCEPT
20 THAT it shall not be a breach of fiduciary duty and the public trust for a
21 member of the general assembly to:
22 (a) Use state facilities or equipment to communicate or
23 correspond with a member's constituents, family members, or business
24 associates; or
25 (b) Accept or receive a benefit as an indirect consequence of
26 transacting state business.
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1 (3) IN ADDITION TO THE PROHIBITION CONTAINED IN SECTION
2 1-45-117 (1) (a) (I), C.R.S., A MEMBER SHALL NOT USE PUBLIC FUNDS,
3 TIME, PERSONNEL, FACILITIES, OR EQUIPMENT FOR POLITICAL OR
4 CAMPAIGN ACTIVITY UNLESS THE USE IS:
5 (a) AUTHORIZED BY LAW; OR
6 (b) PROPERLY INCIDENTAL TO ANOTHER ACTIVITY REQUIRED OR
7 AUTHORIZED BY LAW.
8 SECTION 8. 24-18-108 (1) and (2), Colorado Revised Statutes,
9 are amended, and the said 24-18-108 is further amended BY THE
10 ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
11 24-18-108. Rules of conduct for public officers and state
12 employees. (1) Proof beyond a reasonable doubt of commission of any
13 act enumerated in this section is proof that the actor has breached his
14 fiduciary duty.
15 (2) A public officer or a state employee shall not:
16 (a) Engage in a substantial financial transaction for his private
17 business purposes with a person whom he THE PUBLIC OFFICER OR STATE
18 EMPLOYEE inspects, regulates, or supervises in the course of his official
19 duties;
20 (b) Assist any person for a fee or other compensation in obtaining
21 any contract, claim, license, or other economic benefit from his THE
22 PUBLIC OFFICER'S OR STATE EMPLOYEE'S agency;
23 (c) Assist any person for a contingent fee in obtaining any
24 contract, claim, license, or other economic benefit from any state agency;
25 or
26 (d) (I) Perform an official act directly and substantially affecting
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1 to its economic benefit a business or other undertaking in which he either
2 has a substantial financial interest or is engaged as counsel, consultant,
3 representative, or agent EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
4 THIS PARAGRAPH (d), PARTICIPATE IN, VOTE ON, INFLUENCE, OR ATTEMPT
5 TO INFLUENCE OFFICIAL ACTION IF THE PUBLIC OFFICER OR STATE
6 EMPLOYEE OR A BUSINESS OR ORGANIZATION WITH WHICH THE PUBLIC
7 OFFICER OR STATE EMPLOYEE IS ASSOCIATED HAS A PECUNIARY INTEREST
8 IN OR A REASONABLY FORESEEABLE BENEFIT FROM THE MATTER UNDER
9 CONSIDERATION BY THE GOVERNMENTAL ENTITY OF WHICH SUCH OFFICER
10 OR EMPLOYEE IS AFFILIATED. FOR PURPOSES OF THIS PARAGRAPH (d), A
11 POTENTIAL BENEFIT INCLUDES DETRIMENT TO A BUSINESS COMPETITOR OF
12 THE OFFICER OR EMPLOYEE OR BUSINESS OR ORGANIZATION WITH WHICH
13 THE OFFICER OR EMPLOYEE IS ASSOCIATED. SUCH OFFICER'S OR
14 EMPLOYEE'S ABSTENTION MUST BE RECORDED IN THE GOVERNMENTAL
15 ENTITY'S MINUTES.
16 (II) A PUBLIC OFFICER OR STATE EMPLOYEE MAY PARTICIPATE IN,
17 VOTE ON, OR INFLUENCE OR ATTEMPT TO INFLUENCE AN OFFICIAL DECISION
18 IF THE ONLY PECUNIARY INTEREST OR REASONABLY FORESEEABLE BENEFIT
19 THAT MAY ACCRUE TO SUCH OFFICER OR EMPLOYEE IS INCIDENTAL TO
20 SUCH OFFICER'S OR EMPLOYEE'S POSITION, OR THAT ACCRUES TO SUCH
21 PUBLIC OFFICER OR EMPLOYEE AS A MEMBER OF A PROFESSION,
22 OCCUPATION, OR LARGE CLASS, TO NO GREATER EXTENT THAN THE
23 PECUNIARY INTEREST OR POTENTIAL BENEFIT THAT COULD REASONABLY
24 BE FORESEEN TO ACCRUE TO ALL OTHER MEMBERS OF THE PROFESSION,
25 OCCUPATION, OR LARGE CLASS.
26 (III) THE RESTRICTIONS OF THIS PARAGRAPH (d) APPLY TO A
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1 BUSINESS OR ORGANIZATION WITH WHICH ANY PERSON IN THE FAMILY OF
2 THE PUBLIC OFFICER OR STATE EMPLOYEE IS ASSOCIATED IF SUCH PERSON'S
3 PECUNIARY INTEREST OR A BUSINESS ORGANIZATION WITH WHICH SUCH
4 PERSON IS ASSOCIATED HAS A REASONABLY FORESEEABLE BENEFIT FROM
5 A MATTER UNDER CONSIDERATION.
6 (e) DURING THE PERIOD OF HIS OR HER EMPLOYMENT AND FOR TWO
7 YEARS THEREAFTER, DISCLOSE OR USE FOR PERSONAL PROFIT, WITHOUT
8 APPROPRIATE AUTHORIZATION, ANY INFORMATION ACQUIRED IN THE
9 COURSE OF OFFICIAL DUTIES THAT:
10 (I) HAS BEEN CLEARLY DESIGNATED AS CONFIDENTIAL WHEN SUCH
11 CONFIDENTIALITY DESIGNATION IS WARRANTED BECAUSE OF THE STATUS
12 OF THE PROCEEDINGS OR THE CIRCUMSTANCES UNDER WHICH THE
13 INFORMATION WAS RECEIVED AND PRESERVING ITS CONFIDENTIALITY IS
14 NECESSARY TO THE PROPER CONDUCT OF GOVERNMENT BUSINESS; OR
15 (II) IS DECLARED CONFIDENTIAL BY LAW.
16 (f) ACCEPT A GIFT OF SUBSTANTIAL VALUE OR AN ECONOMIC
17 BENEFIT TANTAMOUNT TO A GIFT OF SUBSTANTIAL VALUE FOR THE PRIVATE
18 BENEFIT OF THE PUBLIC OFFICER OR STATE EMPLOYEE OR HIS OR HER
19 IMMEDIATE FAMILY OR AN ORGANIZATION WITH WHICH SUCH OFFICER OR
20 EMPLOYEE IS ASSOCIATED, UNLESS SUCH OFFICER OR EMPLOYEE CAN SHOW
21 BY CLEAR AND CONVINCING EVIDENCE THAT:
22 (I) THE GIFT OR BENEFIT WAS CONVEYED FOR A REASON
23 UNRELATED TO AND NOT ARISING FROM THE RECIPIENT'S CURRENT OR
24 FORMER PUBLIC OFFICE OR STATE EMPLOYMENT;
25 (II) THE GIFT OR BENEFIT WAS CONVEYED FOR A REASON
26 UNRELATED TO ACTIONS OR MATTERS BEFORE OR AFFECTING THE
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1 GOVERNMENTAL ENTITY WITH WHICH THE PUBLIC OFFICER OR STATE
2 EMPLOYEE IS AFFILIATED; AND
3 (III) ACCEPTANCE OF THE GIFT OR BENEFIT WOULD NOT
4 CONTRAVENE THE PROHIBITIONS ON HONORARIA CONTAINED IN
5 SUBSECTION (12) OF THIS SECTION.
6 (5) FOR PURPOSES OF THIS SECTION, A "GIFT OF SUBSTANTIAL
7 VALUE" OR AN "ECONOMIC BENEFIT TANTAMOUNT TO A GIFT OF
8 SUBSTANTIAL VALUE" INCLUDES WITHOUT LIMITATION A LOAN AT A RATE
9 OF INTEREST SUBSTANTIALLY LOWER THAN THE COMMERCIAL RATE THEN
10 CURRENTLY PREVALENT FOR SIMILAR LOANS AND COMPENSATION
11 RECEIVED FOR PRIVATE SERVICES RENDERED AT A RATE SUBSTANTIALLY
12 EXCEEDING THE FAIR MARKET VALUE OF SUCH SERVICES.
13 (6) EXCEPT AS PROVIDED IN SUBSECTION (12) OF THIS SECTION,
14 THE FOLLOWING SHALL NOT BE CONSIDERED GIFTS OF SUBSTANTIAL VALUE
15 OR GIFTS OF SUBSTANTIAL ECONOMIC BENEFIT TANTAMOUNT TO A GIFT OF
16 SUBSTANTIAL VALUE FOR PURPOSES OF THIS SECTION:
17 (a) CAMPAIGN CONTRIBUTIONS AND CONTRIBUTIONS IN KIND
18 REPORTED AS REQUIRED BY SECTION 1-45-108, C.R.S.;
19 (b) AN OCCASIONAL NONPECUNIARY GIFT, INSIGNIFICANT IN
20 VALUE;
21 (c) A NONPECUNIARY AWARD PUBLICLY PRESENTED BY A
22 NONPROFIT ORGANIZATION IN RECOGNITION OF PUBLIC SERVICE;
23 (d) PAYMENT OF OR REIMBURSEMENT FOR ACTUAL AND
24 NECESSARY EXPENDITURES FOR TRAVEL AND SUBSISTENCE FOR
25 ATTENDANCE AT A CONVENTION OR OTHER MEETING AT WHICH SUCH
26 PUBLIC OFFICER OR STATE EMPLOYEE IS SCHEDULED TO PARTICIPATE;
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1 (e) REIMBURSEMENT FOR OR ACCEPTANCE OF AN OPPORTUNITY TO
2 PARTICIPATE IN A SOCIAL FUNCTION OR MEETING THAT IS OFFERED TO SUCH
3 PUBLIC OFFICER OR STATE EMPLOYEE THAT IS NOT EXTRAORDINARY WHEN
4 VIEWED IN LIGHT OF THE POSITION HELD BY SUCH PUBLIC OFFICER OR
5 STATE EMPLOYEE;
6 (f) ITEMS OF PERISHABLE OR NONPERMANENT VALUE, INCLUDING,
7 BUT NOT LIMITED TO, MEALS, LODGING, TRAVEL EXPENSES, OR TICKETS TO
8 SPORTING, RECREATIONAL, EDUCATIONAL, OR CULTURAL EVENTS;
9 (g) PAYMENT FOR SPEECHES, APPEARANCES, OR PUBLICATIONS
10 REPORTED PURSUANT TO SECTION 24-6-203;
11 (h) PAYMENT OF SALARY FROM EMPLOYMENT, INCLUDING OTHER
12 GOVERNMENT EMPLOYMENT, IN ADDITION TO THAT EARNED BY REASON OF
13 SERVICE IN OTHER PUBLIC OFFICE;
14 (i) A CERTIFICATE, PLAQUE, OR COMMEMORATIVE TOKEN VALUED
15 AT ONE HUNDRED FIFTY DOLLARS OR LESS;
16 (j) INFORMATIONAL OR PROMOTIONAL MATERIALS;
17 (k) EDUCATIONAL MATERIAL DIRECTLY RELATED TO THE OFFICER'S
18 OR EMPLOYEE'S GOVERNMENTAL DUTIES.
19 (7) THE PROVISIONS OF THIS SECTION ARE DISTINCT FROM AND IN
20 ADDITION TO THE REPORTING REQUIREMENTS OF SECTIONS 1-45-108,
21 C.R.S., AND 24-6-203 AND DO NOT RELIEVE AN INCUMBENT IN OR ELECTED
22 CANDIDATE TO PUBLIC OFFICE FROM REPORTING AN ITEM DESCRIBED IN
23 SUBSECTION (6) OF THIS SECTION, IF SUCH REPORTING PROVISIONS APPLY.
24 (8) THE EXECUTIVE DIRECTOR OF A PRINCIPAL DEPARTMENT OF THE
25 EXECUTIVE BRANCH MAY ESTABLISH POLICIES WITH REGARD TO
26 ACCEPTANCE OF A GIFT OF SUBSTANTIAL VALUE OR AN ECONOMIC BENEFIT
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1 TANTAMOUNT TO A GIFT OF SUBSTANTIAL VALUE THAT ARE MORE
2 STRINGENT THAN THAT DESCRIBED IN SUBSECTION (6) OF THIS SECTION IN
3 ORDER TO CARRY OUT THE REGULATORY PURPOSE AND DUTIES OF THE
4 AGENCY.
5 (9) A PUBLIC OFFICER OR STATE EMPLOYEE SHALL NOT SEEK OR
6 SOLICIT, DIRECTLY OR INDIRECTLY, ANY GIFT, GRATUITY, OR FAVOR FROM
7 ANY PERSON IF IT COULD BE REASONABLY EXPECTED THAT THE GIFT,
8 GRATUITY, OR FAVOR WOULD INFLUENCE THE VOTE, ACTION, OR
9 JUDGMENT OF SUCH OFFICER OR EMPLOYEE, OR BE CONSIDERED AS PART
10 OF A REWARD FOR ACTION OR INACTION ON THE PART OF THE OFFICER OR
11 EMPLOYEE.
12 (10) (a) A PUBLIC OFFICER OR STATE EMPLOYEE SHALL NOT
13 RECEIVE ANY THING OF ECONOMIC VALUE UNDER ANY CONTRACT OR
14 GRANT OUTSIDE OF HIS OR HER OFFICIAL DUTIES. THE PROHIBITION IN THIS
15 SUBSECTION (10) DOES NOT APPLY WHEN EACH OF THE FOLLOWING
16 CONDITIONS IS MET:
17 (I) THE CONTRACT OR GRANT IS BONA FIDE AND ACTUALLY
18 PERFORMED;
19 (II) THE PERFORMANCE OR ADMINISTRATION OF THE CONTRACT IS
20 NOT WITHIN THE COURSE OF SUCH OFFICER'S OR EMPLOYEE'S OFFICIAL
21 DUTIES OR IS NOT UNDER THE OFFICER'S OR EMPLOYEE'S OFFICIAL
22 SUPERVISION; AND
23 (III) THE CONTRACT OR GRANT WOULD NOT REQUIRE
24 UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION.
25 (b) THE PROHIBITION CONTAINED IN THIS SUBSECTION (10) DOES
26 NOT PREVENT A PUBLIC OFFICER OR STATE EMPLOYEE FROM RECEIVING
Page 18
1 COMPENSATION CONTRIBUTED FROM THE TREASURY OF THE UNITED
2 STATES, ANOTHER STATE, OR A COUNTY OR MUNICIPALITY IF THE
3 COMPENSATION IS RECEIVED PURSUANT TO ARRANGEMENTS ENTERED INTO
4 BETWEEN SUCH STATE, COUNTY, MUNICIPALITY, OR THE UNITED STATES
5 AND THE OFFICER'S OR EMPLOYEE'S AGENCY. THIS SUBSECTION (10) DOES
6 NOT PROHIBIT A PUBLIC OFFICER OR STATE EMPLOYEE FROM SERVING OR
7 PERFORMING ANY DUTIES UNDER AN EMPLOYMENT CONTRACT WITH A
8 GOVERNMENTAL ENTITY.
9 (c) AS USED IN THIS SUBSECTION (10), "PUBLIC OFFICER" AND
10 "STATE EMPLOYEE" DO NOT INCLUDE OFFICERS AND EMPLOYEES WHO, IN
11 ACCORDANCE WITH THE TERMS OF THEIR EMPLOYMENT OR APPOINTMENT,
12 ARE SERVING WITHOUT COMPENSATION FROM THE STATE OF COLORADO OR
13 ARE RECEIVING FROM THE STATE OF COLORADO ONLY REIMBURSEMENT OF
14 EXPENSES INCURRED OR A PREDETERMINED ALLOWANCE FOR SUCH
15 EXPENSES.
16 (11) A PUBLIC OFFICER OR STATE EMPLOYEE SHALL NOT:
17 (a) ADVOCATE OR CAUSE THE EMPLOYMENT, APPOINTMENT,
18 PROMOTION, TRANSFER, OR ADVANCEMENT TO AN OFFICE OR POSITION OF
19 THE STATE OR ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION
20 THEREOF, OF ANY PERSON IN SUCH OFFICER'S OR EMPLOYEE'S FAMILY OR
21 HOUSEHOLD, OR SUPERVISE OR MANAGE ANY PERSON IN SUCH OFFICER'S OR
22 EMPLOYEE'S FAMILY OR HOUSEHOLD; OR
23 (b) PARTICIPATE IN AN ACTION RELATING TO THE EMPLOYMENT OR
24 DISCIPLINE OF ANY PERSON IN SUCH OFFICER'S OR EMPLOYEE'S FAMILY OR
25 HOUSEHOLD.
26 (12) (a) A PUBLIC OFFICER OR STATE EMPLOYEE MAY RECEIVE ANY
Page 19
1 FORM OF HONORARIA WHERE THE ACCEPTANCE OF SUCH HONORARIA HAS
2 BEEN SPECIFICALLY AUTHORIZED BY THE STATE AGENCY EMPLOYING SUCH
3 PUBLIC OFFICER OR STATE EMPLOYEE.
4 (b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
5 THIS SUBSECTION (12) AND SUBSECTION (6) OF THIS SECTION, NO PUBLIC
6 OFFICER OR STATE EMPLOYEE SHALL ACCEPT HONORARIA UNDER THE
7 FOLLOWING CIRCUMSTANCES:
8 (I) THE PERSON OFFERING THE HONORARIUM IS SEEKING OR IS
9 REASONABLY EXPECTED TO SEEK CONTRACTUAL RELATIONS WITH OR A
10 GRANT FROM THE EMPLOYER OF THE PUBLIC OFFICER OR STATE EMPLOYEE,
11 AND SAID OFFICER OR EMPLOYEE IS IN A POSITION TO PARTICIPATE IN THE
12 TERMS OR THE AWARD OF THE CONTRACT OR GRANT.
13 (II) THE PERSON OFFERING THE HONORARIUM IS REGULATED BY
14 THE EMPLOYER OF THE PUBLIC OFFICER OR STATE EMPLOYEE, AND THE
15 OFFICER OR EMPLOYEE IS IN A POSITION TO PARTICIPATE IN THE
16 REGULATION.
17 (III) THE PERSON OFFERING THE HONORARIUM IS SEEKING OR
18 OPPOSING OR IS REASONABLY LIKELY TO SEEK OR OPPOSE ENACTMENT OF
19 LEGISLATION OR ADOPTION OF ADMINISTRATIVE RULES OR ACTIONS OR
20 POLICY CHANGES BY THE PUBLIC OFFICER'S OR EMPLOYEE'S AGENCY, AND
21 SUCH OFFICER OR EMPLOYEE MAY PARTICIPATE IN THE ENACTMENT OR
22 ADOPTION.
23 (13) (a) IN THE ALTERNATIVE TO JUDICIAL PROCEEDINGS
24 INSTITUTED PURSUANT TO SECTION 24-18-103 (2) AND TO ANY OTHER
25 CIVIL OR CRIMINAL ACTION THAT MAY BE BROUGHT, PROCEEDINGS MAY BE
26 INSTITUTED PURSUANT TO THE PROVISIONS OF PARAGRAPH (b) OF THIS
Page 20
1 SUBSECTION (13) FOR ANY VIOLATION OF THIS SECTION.
2 (b) (I) WHEN A VIOLATION OF THIS SECTION OCCURS, THE
3 ATTORNEY GENERAL MAY INSTITUTE A CIVIL ACTION FOR RELIEF AGAINST
4 A PRESENT OR FORMER PUBLIC OFFICER OR STATE EMPLOYEE, INCLUDING
5 A PERMANENT OR TEMPORARY INJUNCTION, A RESTRAINING ORDER, OR
6 ANY OTHER APPROPRIATE ORDER, IN THE APPROPRIATE DISTRICT COURT.
7 UPON A PROPER SHOWING THAT SUCH PERSON HAS ENGAGED OR IS ABOUT
8 TO ENGAGE IN A VIOLATION OF THIS SECTION, A PERMANENT OR
9 TEMPORARY INJUNCTION, A RESTRAINING ORDER, OR OTHER ORDER SHALL
10 BE GRANTED WITHOUT BOND BY THE COURT.
11 (II) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON
12 BEHALF OF THE STATE TO RECOVER DAMAGES CAUSED BY ANY VIOLATION
13 OF THIS SECTION. ANY DAMAGES RECOVERED IN SUCH ACTION SHALL BE
14 CREDITED TO THE GENERAL FUND OF THE STATE.
15 (III) ANY STATE ACTION FAVORABLE TO ANY PERSON OR ENTITY
16 THAT IS OBTAINED THROUGH A VIOLATION OF THIS SECTION IS VOIDABLE
17 BY THE STATE AGENCY IN INTEREST.
18 SECTION 9. 24-18-112, Colorado Revised Statutes, is amended
19 BY THE ADDITION OF A NEW SUBSECTION to read:
20 24-18-112. Board of ethics for the executive branch - created
21 - duties. (3) IN CONSULTATION WITH THE BOARD OF ETHICS FOR THE
22 EXECUTIVE BRANCH, THE EXECUTIVE DIRECTOR OF EACH PRINCIPAL
23 DEPARTMENT OF THE EXECUTIVE BRANCH MAY DEVELOP AND ADOPT A
24 CODE OF ETHICS FOR THAT DEPARTMENT BY JANUARY 1, 2001, WHICH
25 SHALL REFERENCE PERTINENT ETHICAL PROVISIONS OF THIS ARTICLE. THE
26 CODE OF ETHICS SHALL BE REVIEWED AND REVISED AS OFTEN AS
Page 21
1 NECESSARY BY THE EXECUTIVE DIRECTOR OF THAT DEPARTMENT IN
2 CONSULTATION WITH THE BOARD OF ETHICS OF THE EXECUTIVE BRANCH.
3 SECTION 10. 24-18-113, Colorado Revised Statutes, is amended
4 to read:
5 24-18-113. Board of ethics for the general assembly - created
6 - duties. (1) (a) There is hereby created a board of ethics for the general
7 assembly. The board shall consist of four legislative members. One
8 member shall be appointed by and serve at the pleasure of the majority
9 leader of the house of representatives; one member shall be appointed by
10 and serve at the pleasure of the majority leader of the senate; one member
11 shall be appointed by and serve at the pleasure of the minority leader of
12 the house of representatives; and one member shall be appointed by and
13 serve at the pleasure of the minority leader of the senate.
14 (b) BEGINNING WITH THE SIXTY-THIRD GENERAL ASSEMBLY AND
15 FOR EACH GENERAL ASSEMBLY THEREAFTER, THE MEMBERS OF THE BOARD
16 OF ETHICS SHALL BE APPOINTED NO LATER THAN TEN DAYS AFTER THE
17 CONVENING OF THE FIRST REGULAR SESSION OF EACH GENERAL ASSEMBLY
18 FOR TERMS TO EXPIRE UPON THE ADJOURNMENT OF THAT GENERAL
19 ASSEMBLY AND SHALL MEET NO LATER THAN THIRTY DAYS AFTER THE
20 DATE THAT SESSION IS CONVENED. AT THE FIRST MEETING OF THE BOARD,
21 THE BOARD SHALL ELECT A CHAIRPERSON AND A VICE-CHAIRPERSON FROM
22 AMONG ITS MEMBERSHIP AND SHALL PRESCRIBE ITS OWN RULES OF
23 PROCEDURE. THE BOARD SHALL MEET AS OFTEN THEREAFTER AS MAY BE
24 NECESSARY TO PERFORM ITS FUNCTIONS.
25 (2) THE CHAIRPERSON OF THE BOARD OF ETHICS MAY CONVENE
26 THE BOARD FROM TIME TO TIME AS THE CHAIRPERSON DEEMS NECESSARY
Page 22
1 TO CONSIDER ANY ISSUE INVOLVING THE ETHICAL MISCONDUCT OF A
2 MEMBER OR TO CONSIDER A COMPLAINT MADE BY OR AN ISSUE RAISED BY
3 ANY PERSON INVOLVING THE ETHICAL MISCONDUCT OF A MEMBER. AFTER
4 CONSIDERATION OF ANY SUCH COMPLAINT OR ISSUE, THE BOARD MAY:
5 (a) PROVIDE AN ETHICAL OPINION OF GENERAL APPLICATION TO OR
6 FOR THE INFORMATION OF MEMBERS;
7 (b) PROVIDE AN ADVISORY OPINION TO THE PERSON MAKING THE
8 COMPLAINT OR RAISING THE ISSUE INVOLVING THE ETHICAL CONDUCT OF
9 A MEMBER;
10 (c) INITIATE A COMPLAINT UNDER ANY EXISTING PROCEDURE
11 CONTAINED IN THE RULES OF THE HOUSE OF REPRESENTATIVES OR THE
12 SENATE, OR THE JOINT RULES OF THE SENATE AND HOUSE OF
13 REPRESENTATIVES, FOR DISPOSITION OF COMPLAINTS INVOLVING THE
14 ETHICAL CONDUCT OF A MEMBER; OR
15 (d) AVAIL ITSELF OF ANY APPROPRIATE STATUTORY CIVIL OR
16 CRIMINAL REMEDY APPLICABLE TO THE ETHICAL MISCONDUCT
17 COMPLAINED OF BY REFERRING THE COMPLAINT OR ISSUE TO THE
18 APPROPRIATE AUTHORITY, INCLUDING BUT NOT LIMITED TO A DISTRICT
19 ATTORNEY FOR PROCEEDINGS PURSUANT TO SECTION 24-18-103.
20 (2) (3) The board of ethics for the general assembly shall, upon
21 written request of a member, of the general assembly, issue PROVIDE
22 advisory opinions concerning issues relating to the requesting member's
23 conduct and the provisions of this article.
24 (4) THE BOARD OF ETHICS FOR THE GENERAL ASSEMBLY SHALL
25 DEVELOP AND ADOPT A CODE OF ETHICS FOR THE GENERAL ASSEMBLY BY
26 JANUARY 1, 2002, THAT SHALL REFERENCE PERTINENT ETHICAL
Page 23
1 PROVISIONS OF THIS PART 1. THE CODE OF ETHICS SHALL BE INTRODUCED
2 AT THE SECOND REGULAR SESSION OF THE SIXTY-THIRD GENERAL
3 ASSEMBLY AS A PROPOSED JOINT RULE OF THE GENERAL ASSEMBLY. THE
4 CODE OF ETHICS SHALL BE REVIEWED AND REVISED BIANNUALLY OR AS
5 OFTEN AS NECESSARY BY THE BOARD.
6 (5) THE BOARD OF ETHICS MAY CONSIDER AND RECOMMEND
7 MEASURES THAT INFORM AND ASSIST THE GENERAL ASSEMBLY IN ACTING
8 CONSISTENTLY AND PROACTIVELY REGARDING CURRENT ETHICAL
9 CONSIDERATIONS FOR LEGISLATORS.
10 SECTION 11. Article 18 of title 24, Colorado Revised Statutes,
11 is amended BY THE ADDITION OF A NEW PART to read:
12 PART 3
13 POST-TERMINATION EMPLOYMENT OF MEMBERS OF THE
14 GENERAL ASSEMBLY, PUBLIC OFFICERS, AND STATE
15 EMPLOYEES
16 24-18-301. Definitions. AS USED IN THIS PART 3, UNLESS THE
17 CONTEXT OTHERWISE REQUIRES:
18 (1) "MEMBER" MEANS A MEMBER OF THE COLORADO GENERAL
19 ASSEMBLY.
20 (2) "PUBLIC OFFICER" HAS THE SAME MEANING AS SET FORTH IN
21 SECTION 24-18-102 (8).
22 (3) "STATE EMPLOYEE" MEANS ANY TEMPORARY OR PERMANENT
23 EMPLOYEE OF A STATE AGENCY, EXCEPT A MEMBER OF THE GENERAL
24 ASSEMBLY, AN EMPLOYEE UNDER CONTRACT TO THE STATE, MEMBERS OF
25 ANY BOARD OR COMMISSION SERVING WITHOUT COMPENSATION EXCEPT
26 FOR PER DIEM ALLOWANCES PROVIDED BY LAW AND REIMBURSEMENT OF
Page 24
1 EXPENSES, AND STUDENTS OR INMATES IN STATE EDUCATIONAL OR OTHER
2 INSTITUTIONS EMPLOYED THEREIN.
3 24-18-302. Employment restrictions - former members of the
4 general assembly, public officers, and state employees. (1) A FORMER
5 MEMBER, PUBLIC OFFICER, OR STATE EMPLOYEE SHALL NOT APPEAR
6 PERSONALLY AFTER THE TERMINATION OF OFFICE OR EMPLOYMENT BEFORE
7 ANY COURT OR STATE AGENCY, AS AN AGENT OR ATTORNEY FOR ANY
8 PERSON OTHER THAN THE STATE IN CONNECTION WITH ANY SPECIFIC CASE,
9 PROCEEDING, APPLICATION, REQUEST FOR A RULING OR OTHER
10 DETERMINATION, CONTRACT, CLAIM, CONTROVERSY, CHARGE,
11 ACCUSATION, ARREST, OR OTHER PARTICULAR MATTER INVOLVING A
12 SPECIFIC PARTY OR PARTIES IN WHICH THE STATE IS A PARTY OR HAS A
13 DIRECT AND SUBSTANTIAL INTEREST AND IN WHICH THE FORMER MEMBER,
14 PUBLIC OFFICER, OR STATE EMPLOYEE PARTICIPATED PERSONALLY AND
15 SUBSTANTIALLY AS A MEMBER, PUBLIC OFFICER, OR STATE EMPLOYEE AT
16 ANY TIME WITHIN A PERIOD OF ONE YEAR PRIOR TO THE TERMINATION OF
17 SUCH OFFICE OR EMPLOYMENT.
18 (2) (a) WITHIN ONE YEAR AFTER THE TERMINATION OF SUCH OFFICE
19 OR EMPLOYMENT, A FORMER PUBLIC OFFICER OR STATE EMPLOYEE SHALL
20 NOT AID, ADVISE, COUNSEL, CONSULT, OR ASSIST FOR COMPENSATION IN
21 REPRESENTING ANY PERSON OTHER THAN THE STATE OF COLORADO ON
22 ANY MATTER ON WHICH THE OFFICER OR EMPLOYEE WOULD BE PROHIBITED
23 FROM ACTING OR APPEARING UNDER SUBSECTION (1) OF THIS SECTION.
24 (b) WITHIN ONE YEAR AFTER THE TERMINATION OF HIS OR HER
25 TERM OF OFFICE, A FORMER MEMBER SHALL NOT AID, ADVISE, COUNSEL,
26 CONSULT, OR ASSIST IN REPRESENTING ANY PERSON OTHER THAN THE
Page 25
1 STATE OF COLORADO ON ANY MATTER IN WHICH THE MEMBER WOULD BE
2 PROHIBITED FROM ACTING OR APPEARING UNDER SUBSECTION (1) OF THIS
3 SECTION.
4 (3) (a) A FORMER MEMBER, PUBLIC OFFICER, OR STATE EMPLOYEE
5 SHALL NOT REPRESENT A PERSON IN A MATTER THAT WAS PENDING UNDER
6 THE FORMER MEMBER'S, OFFICIAL'S, OR EMPLOYEE'S OFFICIAL
7 RESPONSIBILITY WITHIN ONE YEAR BEFORE THE TERMINATION OF OFFICE
8 OR EMPLOYMENT FOR A PERIOD OF ONE YEAR AFTER THE TERMINATION OF
9 OFFICE OR EMPLOYMENT.
10 (b) A FORMER PUBLIC OFFICER OR STATE EMPLOYEE SHALL NOT
11 REPRESENT A PERSON IN A MATTER BEFORE THE STATE AGENCY THAT THE
12 OFFICER OR EMPLOYEE SERVED FOR A PERIOD OF ONE YEAR AFTER THE
13 TERM OF OFFICE OR EMPLOYMENT OF SUCH OFFICER OR EMPLOYEE HAS
14 CEASED.
15 (c) A FORMER MEMBER SHALL NOT REPRESENT A CLIENT OR ACT IN
16 A REPRESENTATIVE CAPACITY ON BEHALF OF ANY PERSON OR GROUP, FOR
17 COMPENSATION, ON ANY MATTER BEFORE THE GENERAL ASSEMBLY OR ANY
18 AGENCY OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT WHERE THE
19 PURPOSE OF SUCH REPRESENTATION IS TO INFLUENCE LEGISLATIVE ACTION
20 FOR A PERIOD OF ONE YEAR AFTER THE MEMBER'S TERM OF OFFICE OR
21 EMPLOYMENT HAS CEASED. THE PROHIBITION CONTAINED IN THIS
22 PARAGRAPH (c) SHALL NOT PROHIBIT A FORMER MEMBER FROM ACTING AS
23 A VOLUNTEER LOBBYIST AS DEFINED IN SECTION 24-6-301 (7).
24 (4) (a) FOLLOWING CONSULTATION WITH THE ATTORNEY GENERAL,
25 THE HEAD OF A STATE AGENCY MAY WAIVE THE APPLICATION OF THIS
26 SECTION TO A PUBLIC OFFICER OR STATE EMPLOYEE UPON EITHER THE
Page 26
1 COMMENCEMENT OR TERMINATION OF EMPLOYMENT BY MAKING A
2 SPECIFIC WRITTEN FINDING THAT THE WAIVER IS EITHER IN THE BEST
3 INTEREST OF THE STATE OR THAT THE INTEREST OF THE STATE IS NOT
4 HARMED BY SUCH WAIVER.
5 (b) FOLLOWING CONSULTATION WITH THE ATTORNEY GENERAL,
6 THE HEAD OF A STATE AGENCY MAY ENTER INTO EMPLOYMENT CONTRACTS
7 THAT CONTAIN MORE STRINGENT POST-TERMINATION RESTRICTIONS FOR
8 PUBLIC OFFICIALS OR STATE EMPLOYEES THAN DESCRIBED IN SUBSECTION
9 (1) OF THIS SECTION WHEN SUCH RESTRICTIONS ARE NECESSARY TO CARRY
10 OUT THE REGULATORY PURPOSE AND DUTIES OF SUCH AGENCY.
11 (5) AS USED IN THIS SECTION, A "PARTICULAR MATTER" SHALL NOT
12 INCLUDE RULES OF GENERAL APPLICATION OR GENERAL POLICY MAKING
13 THAT THE FORMER MEMBER, PUBLIC OFFICER, OR STATE EMPLOYEE
14 ACTIVELY HELPED TO FORMULATE.
15 (6) A VIOLATION OF THIS SECTION SHALL BE TREATED THE SAME AS
16 A VIOLATION OF SECTION 24-18-108, AND ANY PUBLIC OFFICER OR STATE
17 EMPLOYEE WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO THE CIVIL
18 PROCEEDINGS CONTAINED IN SECTION 24-18-108 (13).
19 SECTION 12. Effective date. This act shall take effect at 12:01
20 a.m. on the day following the expiration of the ninety-day period after
21 final adjournment of the general assembly that is allowed for submitting
22 a referendum petition pursuant to article V, section 1 (3) of the state
23 constitution; except that, if a referendum petition is filed against this act
24 or an item, section, or part of this act within such period, then the act,
Page 27
1 item, section, or part, if approved by the people, shall take effect on the
2 date of the official declaration of the vote thereon by proclamation of the
3 governor.