Date: 01/28/2009

Final
BILL SUMMARY for SB09-035

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared Amendment L.002. The motion passed
Refer Senate Bill 09-035 to the Committee of the W		Pass Without Objection
PASS



03:20 PM -- Senate Bill 09-035

Senator Renfroe, bill sponsor, provided an overview of Senate Bill 09-035. He explained that under current law, public officials are prohibited from having a financial interest in contracts made as a part of their official capacity. The law also prohibits public officials from entering into contracts related to their official capacity for six months after leaving office. According to Senator Renfroe, the bill makes it a class 1 misdemeanor if public officials violate these existing laws.

03:27 PM -- Ken Buck, representing the Weld County District Attorney's Office as well as the Colorado District Attorneys' Association, spoke in support of the bill. He indicated that there was an ethics violation in Weld county within the last year. However, no penalties were attached to the ethics statute for prosecution. Senator Carroll discussed her concerns with the bill and attaching the same penalties to other provisions within the ethics laws.


03:39 PM

The committee discussed the issue of whether or not the ethics provisions should be criminalized and also whether they should be consistent across all of the ethics statutes. Mr. Buck addressed the issue of enforcement by the DAs rather than a county attorney.


03:50 PM

Senator Newell asked about the number of cases and whether the bill is necessary.


03:58 PM

Senator Morse discussed the idea of having the crime in title 18 and discussed similar provisions within title 18 that could be modified to be relevant to this violation. Mr. Buck discussed a proposed amendment to add language about an individual knowingly committing the crime.


04:02 PM

Senator Renfroe concluded his presentation of the bill.
BILL:SB09-035
TIME: 04:02:40 PM
MOVED:Renfroe
MOTION:Adopt prepared Amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB09-035
TIME: 04:02:52 PM
MOVED:Renfroe
MOTION:Refer Senate Bill 09-035 to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
No
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:03 PM

The committee adjourned.