(a) Definitions. As used in this rule, unless the context otherwise requires:
(1) "Close economic associate" or "close economic association" means the Senator's employer, client, employee, or partner or associate in business or professional activities; enterprises of which a Senator is a director or officer; corporations in which a Senator owns more than ten percent of the outstanding capital stock; an enterprise which is the Senator's significant unsecured creditor or of which the Senator is a significant creditor; or a trust of which the Senator is a beneficiary. It does not mean a bank or savings and loan association in which the Senator's interest is in the form of an account; nor an officership, directorship, or employment in a political, religious, charitable, or educational entity which returns compensation to the Senator of less than one thousand dollars per year.
(2) "Close relative" means the spouse of the Senator and the following natural, adoptive, and adopted members of the Senator's or spouse's family: Mother, father, children, brothers, and sisters.
(3) "Enterprise" means corporation, partnership, proprietorship, association, or other legal entity (other than an estate or trust) engaged in business for profit.
(4) "Lobbyist" means any person defined as such in the Joint Rules of the Senate and House of Representatives.
(5) "Person" and "another" means an individual, partnership, association, corporation, or other legal entity.
(6) "State agency" means every department, commission, board, division, office, council, or other agency created as part of the state government pursuant to law and supported by state moneys.
(a.5) Legislative ethics and official conduct. Legislative office is a trust to be performed with integrity in the public interest. A member is to be respectful of the confidence placed in that member by the other members of the Senate and by the people of the state of Colorado. A member shall respect and comply with the law and shall perform his or her legislative duties at all times in a manner that promotes public confidence in the integrity and independence of the Senate and of the General Assembly. By personal example and by admonition to colleagues whose behavior may threaten the honor and integrity of the lawmaking body, the member shall watchfully guard the responsibilities of the public office and the responsibilities and duties placed on the member by the Senate. To this end, each member shall be accountable to the Senate for violations of the Rules of the Senate, the Joint Rules of the Senate and the House of Representatives, the Constitution of the state of Colorado, or any provision of the code of ethics set forth in article 18 of title 24, Colorado Revised Statutes.
(b) Conflicts of interest ─ personal or private interests versus public interest ─ definition. (1) Subject to article V, section 43, of the state constitution, a Senator has the right to vote upon all questions before the Senate and to participate in the business of the Senate and its committees, and, in so doing, is presumed to act in good faith and in the public interest. When a personal interest conflicts with the public interest and tends to affect the Senator's independence of judgment, legislative activities are subject to limitations. Where any such conflict exists, it disqualifies the Senator from voting upon any question and from attempting to influence any legislation to which it relates.
(2) A question arises as to whether a personal or private interest tends to affect a Senator's independence of judgment if the Senator:
(A) Has or acquires a substantial economic interest by reason of the Senator's personal situation, distinct from that held generally by members of the same occupation, profession, or business, in a measure proposed or pending before the General Assembly; or has a close relative or close economic associate with such an interest.
(B) Has or acquires a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises.
(C) Has or acquires a close economic association with, or is a close relative of, a person who has a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises.
(D) Has or acquires a close economic association with, or is a close relative of, a person who is a lobbyist or who employs or has employed a lobbyist to propose legislation or to influence proposed legislation on which the Senator has or may be expected to vote.
(E) Accepts a gift, loan, service, or economic opportunity of significant value from a person who would be affected by or who has an interest in an enterprise which would be affected by proposed legislation. This provision shall likewise apply where such gift, loan, service, or opportunity is accepted by a close relative of the Senator. It shall not normally apply in the following cases: A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of this state to engage in the business of making loans; an occasional nonpecuniary gift, insignificant in value; a nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; or payment of or reimbursement for actual and necessary expenditures for travel and subsistence for personal attendance at a convention or other meeting at which the Senator is scheduled to participate and for which attendance no reimbursement is made by the state of Colorado.
(c) Undue influence ─ definition. (1) A Senator, by reason of his or her office, is or may be in a position to bring undue influence on other legislators, public officials, or private persons. To use this potential for economic or private gain is an abuse of office and a matter of concern to the Senate, whether or not the act is also punishable under the criminal laws.
(2) The following limitations shall apply to legislative conduct and violations are declared to constitute undue influence:
(A) A Senator shall not use his or her public position, intentionally or otherwise, to obtain or attempt to obtain any confidential information or special advantage or a decision from a public body on a matter unrelated to his or her senatorial duties in which he or she has a financial interest for himself or herself, a close relative, or a close economic associate.
(B) A Senator shall not sell goods or services to a state agency in a transaction not governed by the laws relating to public purchasing by competitive bidding, or intercede for or represent another in so doing; nor shall the Senator in any way be interested in any contract to furnish supplies, printing, repairs, or furnishings to the General Assembly or any other state agency, contrary to section 29 of article V of the state constitution.
(C) A Senator shall not solicit, receive, offer, or give any bribe, contrary to the state constitution and the provisions of sections 18-8-302 to 18-8-308, 18-8-401, 18-8-402, 18-8-404, 18-8-405, and 18-8-407, C.R.S.; nor shall the member accept or give any compensation, gratuity, or reimbursement for voting upon any question or for attempting to influence legislation.
(D) A Senator shall not vote or offer to vote in consideration of the vote of another member, contrary to the provisions of section 40 of article V of the state constitution.
(E) A Senator shall not attempt to influence any public official by deceit or threat, contrary to section 7 of article XII of the state constitution and section 18-8-306, C.R.S. 1973.
(d) When Senator permitted to vote. Nothing in this rule shall be construed as prohibiting a Senator from voting for a bill or other measure whose passage would adversely affect the Senator's personal or private interest or from voting against a bill or other measure whose defeat would adversely affect the Senator's personal or private interest; and nothing in this rule shall be construed to prevent a Senator from voting on the report of the committee of the whole, unless such vote is conducted solely on the bill or measure in which that personal or private interest exists.
(e) Applicability of rule. The provisions of this rule shall not apply as the basis for the recall of any measure by either house nor otherwise constitute the basis to contest the validity of any legislative action on any bill or other measure on which a vote was cast by any member of the Senate in violation of this rule.
(f) Legislators not to request donations to charitable organizations. A legislator shall not request a lobbyist or an employee of the General Assembly to make donations to any type of charitable organization.
(g) Advisory opinions.
(1) A Senator contemplating a possible ethics dilemma that relates to the Senator's past, current, or anticipated conduct and the provisions of article 18 of title 24, Colorado Revised Statutes, is encouraged to seek, at his or her discretion, an advisory opinion from the board of ethics created pursuant to section 24-18-113, Colorado Revised Statutes, with respect to the standards of conduct of the Senate on the general propriety of past, current, or anticipated conduct of that Senator.
(2) With appropriate redactions to ensure the privacy of the members and other individuals concerned, the Senate shall annually publish and continuously maintain a cumulative compilation of the advisory opinions rendered by the board of ethics, making such publication available for the guidance of Senators, to the extent that such opinions are made known and made available.
(h) Ethics training. Commencing January 1, 2007, each Senator is encouraged to, at least once every two years during the course of his or her term in the Senate:
(1) Attend a legislative ethics training program offered by the Office of Legislative Legal Services as part of new member orientation or attend such other legislative ethics training program as may from time to time be offered by said Office;
(2) Participate in a legislative ethics training program or workshop sponsored by a nationally recognized legislative organization with knowledge, expertise, and experience in legislative ethics issues; or
(3) Successfully complete an on-line legislative ethics training course or tutorial.