HOUSE BILL 22-1060
BY REPRESENTATIVE(S) Sirota, Kipp, Amabile, Bacon, Benavidez,
Bernett, Bird, Boesenecker, Cutter, Duran, Esgar, Exum, Froelich,
Gonzales-Gutierrez, Gray, Herod, Hooton, Jodeh, Lindsay, Lontine,
McCluskie, McCormick, Michaelson Jenet, Mullica, Ortiz, Snyder,
Sullivan, Tipper, Titone, Valdez A., Weissman, Woodrow;
also SENATOR(S) Gonzales, Buckner, Hinrichsen, Jaquez Lewis, Moreno,
Story, Winter.
C
ONCERNING THE ESTABLISHMENT OF CONTRIBUTION LIMITS UNDER THE
"FAIR CAMPAIGN PRACTICES ACT" FOR CANDIDATES FOR SCHOOL
DISTRICT DIRECTOR
, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-45-103, add (15.7)
and (16.4) as follows:
1-45-103. Definitions - repeal. As used in this article 45, unless the
context otherwise requires:
(15.7) "S
CHOOL DISTRICT DIRECTOR" MEANS A PERSON SERVING AS
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. A DIRECTOR ON THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT WITHIN
THE STATE
, INCLUDING A SCHOOL DISTRICT COMPOSED OF A CITY AND
COUNTY
.
(16.4) "S
PECIAL SCHOOL ELECTION" MEANS ANY SCHOOL ELECTION
PROVIDED FOR BY LAW AND HELD AT A TIME OTHER T HAN THE REGULAR
BIENNIAL SCHOOL ELECTION
.
SECTION 2. In Colorado Revised Statutes, 1-45-103.7, amend (7);
and add (1.7) as follows:
1-45-103.7. Contribution limits - county offices - school district
director - treatment of independent expenditure committees -
contributions from limited liability companies - voter instructions on
spending limits - definitions. (1.7) (a) T
HE MAXIMUM AMOUNT OF
AGGREGATE CONTRIBUTIONS THAT A PERSON
, EXCLUDING A SMALL DONOR
COMMITTEE
, MAY MAKE TO A CANDIDATE COMMITTEE OF A CANDIDATE FOR
SCHOOL DISTRICT DIRECTOR
, AND THAT A CANDIDATE COMMITTEE FOR SUCH
CANDIDATE MAY ACCEPT FROM ANY ONE PERSON EXCLUDING A SMALL
DONOR COMMITTEE FOR A REGULAR BIENNIAL SCHOOL ELECTION OR SPECIAL
SCHOOL ELECTION
, AS APPLICABLE, IS TWO THOUSAND FIVE HUNDRED
DOLLARS
.
(b) T
HE MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT
A SMALL DONOR COMMITTEE MAY MAKE TO A CANDIDATE COMMITTEE OF A
CANDIDATE FOR SCHOOL DISTRICT DIRECTOR
, AND THAT A CANDIDATE
COMMITTEE FOR SUCH C ANDIDATE MAY ACCEPT FROM ANY ONE SMALL
DONOR FOR A REGULAR BIENNIAL OR SPECIAL SCHOOL ELECTION
, AS
APPLICABLE
, IS TWENTY-FIVE THOUSAND DOLLARS.
(c) A
NY MONETARY AMOUNT SPECIFIED IN SUBSECTION (1.7)(a) OR
(1.7)(b) OF THIS SECTION MUST BE ADJUSTED IN ACCORDANCE WITH THE
ADJUSTMENTS MADE TO OTHER CONTRIBUTION LIMITS AS SPECIFIED IN
SECTION
3 (13) OF ARTICLE XXVIII OF THE STATE CONSTITUTION.
(d) T
HE REQUIREMENTS OF SECTIONS 1-45-108 AND 1-45-109, AS
APPROPRIATE
, APPLY TO ANY CONTRIBUTION MADE OR RECEIVED FOR ANY
FOUR
-YEAR ELECTION CYCLE THAT IS SUBJECT TO SUBSECTION (1.7)(a) OR
(1.7)(b) OF THIS SECTION.
PAGE 2-HOUSE BILL 22-1060 (7) (a) Any person who believes that a violation of subsection (1.5),
(1.7), (5), or (6) of this section has occurred may file a written complaint
with the secretary of state in accordance with section 1-45-111.7 SECTION
1-45-111.7 (2).
(b) Any person who has violated subsection (1.5), (1.7), (5)(a),
(5)(b), (5)(c), or (6) of this section is subject to a civil penalty of at least
double and up to five times the amount contributed or received in violation
of the applicable provision.
(c) Any person who has violated any of the provisions of
subparagraph (I) of paragraph (d) of subsection (5)
SUBSECTION (5)(d)(I) of
this section shall be IS subject to a civil penalty of fifty dollars per day for
each day that the written affirmation regarding the membership of a limited
liability company has not been filed with or retained by the candidate
committee, political committee, or political party to which a contribution
has been made.
SECTION 3. In Colorado Revised Statutes, 1-45-108, amend
(2)(a)(I) introductory portion and (2.5)(a); and add (2.1) and (2.2) as
follows:
1-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as
provided in subparagraph (V) of this paragraph (a) and subsections (2.5),
(2.7), and (6) SUBSECTIONS (2)(a)(V), (2.1), (2.5), (2.7), AND (6) of this
section, such reports that are required to be filed with the secretary of state
must be filed:
(2.1) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.2) OF THIS
SECTION
, IN THE CASE OF A REGULAR BIENNIAL SCHOOL ELECTION OR A
SPECIAL SCHOOL ELECTION
, A CANDIDATE COMMITTEE FOR SCHOOL DISTRICT
DIRECTOR SHALL FILE REPORTS THAT ARE REQUIRED TO BE FILED WITH THE
SECRETARY OF STATE ACCORDING TO THE FILING SCHEDULE SPECIFIED IN
SUBSECTIONS
(2)(a)(I)(A), (2)(a)(I)(C), (2)(a)(I)(D), AND (2)(a)(I)(E) OF
THIS SECTION
.
(2.2) I
N CONNECTION WITH A RECALL ELECTION OF A SC HOOL
DISTRICT DIRECTOR
, REPORTS OF CONTRIBUTIONS AND EXPENDITURES MUST
BE FILED IN ACCORDANCE WITH THE DEADLINES THAT ARE SPECIFIED IN
SUBSECTION
(6) OF THIS SECTION.
PAGE 3-HOUSE BILL 22-1060 (2.5) (a) Except as provided in subsection (2.5)(b) of this section,
and in addition to any report required to be filed with the secretary of state
or municipal clerk under this section, all candidate committees, issue
committees, and political parties must file a report with the secretary of
state of any contribution of one thousand dollars or more at any time within
thirty days preceding the date of the primary election, general election, or
regular biennial school election, OR SPECIAL SCHOOL ELECTION , AS
APPLICABLE
. This report shall
MUST be filed with the secretary of state no
later than twenty-four hours after
THE receipt of said contribution.
SECTION 4. In Colorado Revised Statutes, 1-45-109, amend
(1)(a)(II) as follows:
1-45-109. Filing - where to file - timeliness. (1) For the purpose
of meeting the filing and reporting requirements of this article 45:
(a) The following shall file with the secretary of state:
(II) Candidates in special district
AND SCHOOL DISTRICT DIRECTOR
elections; the candidate committees of such candidates; political committees
in support of or in opposition to such candidates; issue committees
supporting or opposing a special district ballot issue; and small donor
committees making contributions to such candidates.
SECTION 5. In Colorado Revised Statutes, 22-30-104, amend (1)
as follows:
22-30-104. Conduct of elections. (1) All elections authorized in
this article shall
ARTICLE 30 MUST be conducted pursuant to articles 1 to 13
of title 1, C.R.S. For each election, the governing body authorized to call the
election shall name a designated election official who shall be responsible
for calling and conducting the authorized election. L
IMITS ON
CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION OF A
SCHOOL DISTRICT ARE SPECIFIED IN SECTION
1-45-103.7 (1.7). THE
DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCORDANCE WITH
SECTIONS
1-45-108 AND 1-45-109.
SECTION 6. In Colorado Revised Statutes, 22-30-122, amend (4)
as follows:
PAGE 4-HOUSE BILL 22-1060 22-30-122. Election of school directors in new school districts.
(4) Any person desiring to be a candidate for the office of director of a new
school district formed under the provisions of this article ARTICLE 30 shall
be an eligible elector of the school district and, if directors in such new
school district are elected under a director district plan of representation, a
resident of the director district which the candidate seeks to represent. Each
such candidate shall
MUST be nominated in the manner otherwise provided
by law for school directors. L
IMITS ON CONTRIBUTIONS TO CANDIDATES FOR
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT ARE SPECIFIED IN SECTION
1-45-103.7 (1.7). THE DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED
IN ACCORDANCE WITH SECTIONS
1-45-108 AND 1-45-109.
SECTION 7. In Colorado Revised Statutes, 22-31-103, amend (1)
as follows:
22-31-103. Board of education to govern conduct of school
elections - contract with county clerk and recorder. (1) Except as
otherwise provided in this article
ARTICLE 31, the board of education of
each school district shall govern the conduct of all school elections in the
district, shall designate an election official who shall be responsible for
conducting the election, and shall render all interpretations and make all
initial decisions as to controversies or other matters arising in the conduct
of such elections. All elections authorized in this article
ARTICLE 31 shall be
conducted pursuant to the provisions of articles 1 to 13 of title 1. C.R.S.
LIMITS ON CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION
OF A SCHOOL DISTRICT ARE SPECIFIED IN SECTION
1-45-103.7 (1.7). THE
DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCORDANCE WITH
SECTIONS
1-45-108 AND 1-45-109.
SECTION 8. In Colorado Revised Statutes, 22-31-131, amend (1)
as follows:
22-31-131. Election procedures in districts composed of a city
and county. (1) The regular biennial school election in each school district
coterminous with a city and county shall be held on the first Tuesday in
November of each odd-numbered year, shall be conducted and supervised
by the election commission of the city and county, and shall be governed by
the provisions of
articles 1 to 13 of title 1. C.R.S. LIMITS ON
CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION OF SUCH
SCHOOL DISTRICT ARE SPECIFIED IN SECTION
1-45-103.7 (1.7). THE
PAGE 5-HOUSE BILL 22-1060 DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCORDANCE WITH
SECTIONS
1-45-108 AND 1-45-109.
SECTION 9. Appropriation. For the 2022-23 state fiscal year,
$7,500 is appropriated to the department of state for use by the information
technology division. This appropriation is from the department of state cash
fund created in section 24-21-104 (3)(b), C.R.S. To implement this act, the
department may use this appropriation for hardware/software maintenance.
SECTION 10. Effective date - applicability. This act takes effect
July 1, 2022, and applies to the portion of any election cycle or for the
portion of the calendar year remaining after said date, and for any election
cycle or calendar year commencing after said date.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 6-HOUSE BILL 22-1060 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1060