S.B. 05-40 Prohibition on acceptance of money gifts by incumbents or elected candidates - office accounts for members of the general assembly. Prohibits each incumbent in or candidate elected to statewide elected office from receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate, a gift of any money, including but not limited to a loan, pledge, or advance of money, the receipt or acceptance of which is currently permitted as long as it is reported under the Colorado sunshine law. Clarifies that a gift of money for purposes of the prohibition does not include a gift of money to a member of the general assembly for office account purposes. Specifies that nothing in the act is to be construed to prohibit an incumbent or elected candidate from receiving a salary or other compensation paid to the incumbent or elected candidate for the performance of his or her official duties.
Extends the existing criminal penalties applicable to a violation of statutory provisions requiring the reporting of gifts and other benefits by incumbents and elected candidates to include a violation of the prohibition on monetary gifts to an incumbent or elected candidate.
Permits members of the general assembly to establish office accounts under specified conditions:
● The moneys are deposited in a financial institution in a separate account the title of which shall include the name of the member and the words "office account" or words of similar effect.
● A member accepts moneys for office account purposes from any person except from a political party.
Prohibits any person from whom a member is authorized to accept moneys for office account purposes from donating to a member, and no member from accepting from any such person:
● More than $500 during any 2-year general election cycle for a member of the house of representatives; and
● More than $1,000 during any 4-year general election cycle for a member of the senate.
Prohibits a professional lobbyist, volunteer lobbyist, or principal of a professional lobbyist or volunteer lobbyist from making or promise to make a donation to an office account, or solicit or promise to solicit a donation to an account, when the general assembly is in regular session.
Prohibits a member of the house of representatives from accepting aggregate donations to an office account that exceed $10,000 for any calendar year. Prohibits a member of the senate from accepting aggregate donations to an office account that exceed $20,000 for any calendar year.
Specifies that the monetary balance in an office account shall at no time exceed $10,000 in the case of a member of the house of representatives or $20,000 in the case of a member of the senate. Specifies that, for any calendar year, expenditures from an office account shall not exceed $10,000 in the case of a member of the house of representatives or $20,000 in the case of a member of the senate.
Requires a member who has established an office account to only expend moneys from the account to defray expenses incurred by the member in connection with the performance of his or her official duties while serving as a member of the general assembly. Prohibits a member from expending moneys from the account to defray expenses incurred in connection with the member's nomination, retention, or election.
Requires each member who establishes an office account to file with the secretary of state, on or before January 15 of each year, a report covering the period since the last filing; except that the report due January 15, 2006, is to cover the period from the effective date of the act through January 15, 2006. Requires the report to be made on forms provided by the secretary. In the report, requires the member to disclose all donations made to the office account during the reporting period by amount and donor, and all amounts expended from the account during the reporting period by amount and purpose. Specifies that the report due January 15 may be made as part of any disclosure the member is required to make under the "Public Official Disclosure Law." Specifies that, if the member does not establish an office account, he or she is not be required to file a report.
Specifies that the provisions of this section are not intended to restrict the ability of a member to use unexpended campaign contributions as permitted by law.
Requires a member to close his or her account upon the completion of his or her service in the general assembly. Requires any moneys remaining in the account as of the completion of the member's service to be either donated to a charitable organization recognized by the internal revenue service or returned to the contributors. Subject to requirements of the act, permits a member who has established an account but elects to close the account prior to the completion of his or her service in the general assembly to close the account at any time. Requires that, in such case, any moneys remaining in the account as of the date the member elects to close the account be either donated to a charitable organization recognized by the internal revenue service or returned to the contributors.
Makes it a misdemeanor for any member to willfully file a false or incomplete report pursuant to the act or to willfully fail to file the report required by the act. Specifies that, upon conviction thereof, the person is to be punished by a fine of not less than $50 nor more than $1,000.
For purposes of the rules of conduct for public officers, members of the general assembly, local government officials, and employees, specifies that a donation of money for office account purposes shall not be considered a gifts of substantial value or a gift of substantial economic benefit tantamount to gifts of substantial value.
VETOED by Governor May 5, 2005
S.B. 05-157 Legislative legal expenses cash fund - expenditure of moneys by executive committee for qualified expenses. Authorizes the executive committee of the legislative council to authorize the expenditure of moneys in the legislative legal expenses cash fund for any qualified expenses of the legislative department upon the executive committee making a determination, after consulting with the chair of the committee on legal services, that the amount to be expended is not needed to pay litigation-related expenses of the committee on legal services. Defines "qualified expenses" as expenses relating to legislative aides and expenses relating to the necessary upkeep and furnishings of the chambers, antechambers, and committee rooms of the house of representatives and the senate and of the office space of legislators, house and senate staff, and staff of the legislative service agencies.
APPROVED by Governor March 25, 2005
EFFECTIVE March 25, 2005
H.B. 05-1046 Dynamic modeling - tax policy changes - pilot program - advisory committee - repeal. Requires the director of research (director) to establish a pilot program for the purpose of developing or procuring a dynamic model to analyze the economic impact of bills introduced by the general assembly during the 2008 regular session, but only if the director receives gifts, grants, or donations for the pilot program in an amount of at least $120,000 by September 1, 2005. Establishes that only bills that make a tax policy change are eligible to be analyzed.
Creates the dynamic modeling advisory committee to assist the director in selecting the appropriate dynamic model, unless the director elects to rely on an existing board or committee from a private, nonprofit, or academic organization to assist him. Repeals the advisory committee, if created, on July 1, 2008.
Prior to the 2008 regular session, requires the director to notify the executive committee of the legislative council whether the dynamic model is ready to be used to analyze bills during the upcoming session. If the model is ready, requires the executive committee to select no more than 10 bills to be analyzed using the dynamic model, which shall be in addition to any fiscal note that is prepared pursuant to the rules of the general assembly. Requires the director to prepare a report evaluating how the dynamic model worked during the 2008 regular session and making recommendations for the use of the dynamic model in the future, including the feasibility of expanding the scope of the type of bills for which the dynamic model may be used.
Creates the dynamic modeling cash fund, which shall include any gifts, grants, or donations that the director receives.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1211 Per diem allowances - legislators residing in Broomfield. Clarifies that the city and county of Broomfield is part of the Denver metropolitan area for the purpose of determining the amount of per diem lodging and expenses allowances for members of the general assembly.
APPROVED by Governor April 20, 2005
EFFECTIVE April 20, 2005
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