Colorado 2022 Regular Session

Colorado Senate Bill SB237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-1032.02 Pierce Lively x2059
1	8		SENATE BILL 22-237
2		-	BY SENATOR(S) Fenberg and Holbert, Bridges, Buckner, Danielson,
3		-	Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
4		-	Kirkmeyer, Kolker, Lee, Moreno, Pettersen, Priola, Scott, Simpson,
5		-	Sonnenberg, Story, Winter, Woodward, Zenzinger;
6		-	also REPRESENTATIVE(S) Kennedy and Larson, Bacon, Bernett, Bird,
7		-	Boesenecker, Duran, Froelich, Herod, Hooton, Jodeh, Kipp, Lindsay,
8		-	McCluskie, Mullica, Ricks, Roberts, Snyder, Titone, Valdez A., Young.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO PROMOTE INCREASED TRANSPARENCY OF FUNDS
11		-	USED IN BALLOT MEASURE CAMPAIGNS
12		-	, AND, IN CONNECTION
13		-	THEREWITH
14		-	, MAKING AN APPROPRIATION.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 1-45-103, amend (7.5)
17		-	and (12)(b)(II); and add (7.2) as follows:
18		-	1-45-103. Definitions - repeal. As used in this article 45, unless the
19		-	context otherwise requires:
	14	+	ONCERNING MEASURES TO PROM OTE INCREASED TRANSPARENCY OF101
	15	+	FUNDS USED IN BALLOT MEASURE CAMPAIGNS , AND, IN
	16	+	102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill expands the definition of "earmark" for purposes of the
	26	+	"Fair Campaign Practices Act" to include contributions or expenditures
	27	+	greater than $1,000 to support or oppose a specified ballot issue or ballot
	28	+	question.
	29	+	Further, the bill modifies the process to determine whether an
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 10, 2022
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 6, 2022
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	May 5, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	May 4, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Fenberg and Holbert, Bridges, Buckner, Danielson, Donovan, Fields, Ginal, Gonzales,
	44	+	Hansen, Hinrichsen, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Moreno, Pettersen, Priola, Scott,
	45	+	Simpson, Sonnenberg, Story, Winter, Woodward, Zenzinger
	46	+	HOUSE SPONSORSHIP
	47	+	Kennedy and Larson, Bacon, Bernett, Bird, Boesenecker, Duran, Froelich, Herod,
	48	+	Hooton, Jodeh, Kipp, Lindsay, McCluskie, Mullica, Ricks, Roberts, Snyder, Titone, Valdez
	49	+	A., Young
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. organization is an issue committee to include an examination of the
	53	+	organization's pattern of conduct based upon whether the organization:
	54	+	! During the combined period of the entire preceding and
	55	+	current calendar years, made either contributions to one or
	56	+	more Colorado issue committees or direct ballot issue or
	57	+	ballot question expenditures, in either support of or
	58	+	opposition to one or more ballot issues or ballot questions,
	59	+	that exceeded 30% of the total expenditures by the
	60	+	organization for any purpose and in any location during the
	61	+	entire preceding and current calendar years;
	62	+	! During the combined period of the entire preceding and
	63	+	current calendar years, made either contributions to a single
	64	+	Colorado issue committee or direct ballot issue or ballot
	65	+	question expenditures, in either support of or opposition to
	66	+	a single ballot issue or ballot question, that exceeded 20%
	67	+	of the total expenditures by the organization for any
	68	+	purpose and in any location; or
	69	+	! Acted as an issue committee's funding intermediary by
	70	+	making contributions to an issue committee from funds
	71	+	earmarked for the issue committee.
	72	+	Further, the bill defines "direct ballot issue or ballot question
	73	+	expenditure" as the spending of over $5,000 in a calendar year in either
	74	+	support of or opposition to any single ballot issue or ballot question by a
	75	+	person who does not otherwise meet the requirements of an issue
	76	+	committee. Any person who makes a direct ballot issue or ballot question
	77	+	expenditure must report to the secretary of state and must disclose their
	78	+	name in certain communications about a ballot issue or ballot question.
	79	+	Be it enacted by the General Assembly of the State of Colorado:1
	80	+	SECTION 1. In Colorado Revised Statutes, 1-45-103, amend2
	81	+	(7.5) and (12)(b)(II); and add (7.2) as follows:3
	82	+	1-45-103. Definitions - repeal. As used in this article 45, unless4
	83	+	the context otherwise requires:5
20	84		(7.2) "D
21		-	IRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE "
22		-	MEANS DIRECT SPENDING IN SUPPORT OF OR OPPOSITION TO ANY SINGLE
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. BALLOT ISSUE OR BALLOT QUESTION BY A PERSON WHO DOES NOT
31		-	OTHERWISE MEET THE REQUIREMENTS OF AN ISSUE COMMITTEE
32		-	.
	85	+	IRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE "6
	86	+	MEANS DIRECT SPENDING IN
	87	+	SUPPORT OF OR OPPOSITION TO ANY SINGLE7
	88	+	BALLOT ISSUE OR BALLOT QUESTION BY A PERSON WHO DOES NOT8
	89	+	OTHERWISE MEET THE REQUIREMENTS OF AN ISSUE COMMITTEE .9
33	90		C
34		-	ONTRIBUTIONS TO AN ISSUE COMMITTEE ARE NOT DIRECT BALLOT ISSUE OR
35		-	BALLOT QUESTION EXPENDITURES
36		-	.
37		-	(7.5) "Earmark" means a designation, instruction, or encumbrance
38		-	that directs the transmission and use by the recipient of all or part of a
39		-	donation to a third party for the purpose of making: one or moreindependent expenditures or electioneering communications in excess of
40		-	one thousand dollars.
41		-	(a) INDEPENDENT EXPENDITURES GREATER THAN ONE THOUSAND
42		-	DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED CANDIDATE
43		-	;
	91	+	ONTRIBUTIONS TO AN ISSUE COMMITTEE ARE NOT DIRECT BALLOT ISSUE
	92	+	10
	93	+	237-2- OR BALLOT QUESTION EXPENDITURES .1
	94	+	(7.5) "Earmark" means a designation, instruction, or encumbrance2
	95	+	that directs the transmission and use by the recipient of all or part of a3
	96	+	donation to a third party for the purpose of making: one or more4
	97	+	independent expenditures or electioneering communications in excess of5
	98	+	one thousand dollars.6
	99	+	(a) I
	100	+	NDEPENDENT EXPENDITURES GREATER THAN ONE THOUSAND7
	101	+	DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED CANDIDATE ;8
44	102		(b) E
45		-	LECTIONEERING COMMUNICATIONS GREATER THAN ONE
46		-	THOUSAND DOLLARS
47		-	; OR
48		-	(c) CONTRIBUTIONS OR EXPENDITURES GREATER THAN ONE
49		-	THOUSAND DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED BALLOT ISSUE OR
50		-	BALLOT QUESTION
51		-	.
52		-	(12) (b) For purposes of section 2 (10)(a)(I) of article XXVIII of the
53		-	state constitution, "major purpose" means support of or opposition to a
54		-	ballot issue or ballot question that is reflected by:
55		-	(II) An organization's demonstrated pattern of conduct based upon
	103	+	LECTIONEERING COMMUNICATIONS GREATER THAN ONE9
	104	+	THOUSAND DOLLARS; OR10
	105	+	(c) C
	106	+	ONTRIBUTIONS OR EXPENDITURES GREATER THAN ONE11
	107	+	THOUSAND DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED BALLOT ISSUE OR12
	108	+	BALLOT QUESTION.13
	109	+	(12) (b) For purposes of section 2 (10)(a)(I) of article XXVIII of14
	110	+	the state constitution, "major purpose" means support of or opposition to15
	111	+	a ballot issue or ballot question that is reflected by:16
	112	+	(II) An organization's demonstrated pattern of conduct based upon17
56	113		its
57		-	IT:
58		-	(A) Annual expenditures in support of or opposition to a ballot issue
59		-	or ballot question; or
60		-	(B) Production or funding, or both, of written or broadcast
61		-	communications, or both, in support of or opposition to a ballot issue or
62		-	ballot question.
63		-	(C) DURING THE COMBINED PERIOD OF THE CURRENT CALENDAR
64		-	YEAR AND THE PRECEDING TWO CALENDAR YEARS
65		-	, MAKING EITHER
66		-	CONTRIBUTIONS TO ONE OR MORE STATEWIDE
67		-	COLORADO ISSUE
68		-	COMMITTEES OR DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES
69		-	,
70		-	IN EITHER SUPPORT OF OR OPPOSITION TO ONE OR MORE STATEWIDE
71		-	PAGE 2-SENATE BILL 22-237 COLORADO BALLOT ISSUES OR BALLOT QUESTIONS , THAT EXCEEDED THIRTY
72		-	PERCENT OF THE TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE
73		-	ORGANIZATION FOR ANY PURPOSE AND IN ANY LOCATION DURING THE
74		-	ENTIRE PRECEDING AND CURRENT CALENDAR YEARS
75		-	;
	114	+	IT:18
	115	+	(A) Annual expenditures in support of or opposition to a ballot19
	116	+	issue or ballot question; or20
	117	+	(B) Production or funding, or both, of written or broadcast21
	118	+	communications, or both, in support of or opposition to a ballot issue or22
	119	+	ballot question.23
	120	+	(C) D
	121	+	URING THE COMBINED PERIOD OF THE CURRENT CALENDAR
	122	+	24
	123	+	YEAR AND THE PRECEDING TWO CALENDAR YEARS , MAKING EITHER25
	124	+	CONTRIBUTIONS TO ONE OR MORE STATEWIDE COLORADO ISSUE26
	125	+	COMMITTEES OR DIRECT BALLOT ISSUE OR BALLOT QUESTION27
	126	+	237
	127	+	-3- EXPENDITURES, IN EITHER SUPPORT OF OR OPPOSITION TO ONE OR MORE1
	128	+	STATEWIDE COLORADO BALLOT ISSUES OR BALLOT QUESTIONS , THAT2
	129	+	EXCEEDED THIRTY PERCENT OF THE TOTAL DOLLAR AMOUNT OF ALL FUNDS3
	130	+	SPENT BY THE ORGANIZATION FOR ANY PURPOSE AND IN ANY LOCATION4
	131	+	DURING THE ENTIRE PRECEDING AND CURRENT CALENDAR YEARS ;5
76	132		(D) D
77	133		URING THE COMBINED PERIOD OF THE CURRENT CALENDAR
78		-	YEAR AND THE PRECEDING TWO CALENDAR YEARS
79		-	, MAKING EITHER
80		-	CONTRIBUTIONS TO A SINGLE STATEWIDE
81		-	COLORADO ISSUE COMMITTEE OR
82		-	DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES
83		-	, IN EITHER
84		-	SUPPORT OF OR OPPOSITION TO A SINGLE STATEWIDE
85		-	COLORADO BALLOT
86		-	ISSUE OR BALLOT QUESTION
87		-	, THAT EXCEEDED TWENTY PERCENT OF THE
88		-	TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE ORGANIZATION FOR
89		-	ANY PURPOSE AND IN ANY LOCATION
90		-	; OR
91		-	(E) ACTING AS AN ISSUE COMMITTEE'S FUNDING INTERMEDIARY BY
92		-	MAKING CONTRIBUTIONS TO AN ISSUE COMMITTEE FROM FUNDS EARMARKED
93		-	FOR THE ISSUE COMMITTEE
94		-	.
95		-	SECTION 2. In Colorado Revised Statutes, 1-45-108, add
96		-	(1)(a)(VI) as follows:
	134	+	6
	135	+	YEAR AND THE PRECEDING TWO CALENDAR YEARS , MAKING EITHER7
	136	+	CONTRIBUTIONS TO A SINGLE STATEWIDE COLORADO ISSUE COMMITTEE OR8
	137	+	DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES , IN EITHER9
	138	+	SUPPORT OF OR OPPOSITION TO A SINGLE STATEWIDE COLORADO BALLOT10
	139	+	ISSUE OR BALLOT QUESTION, THAT EXCEEDED TWENTY PERCENT OF THE11
	140	+	TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE ORGANIZATION FOR12
	141	+	ANY PURPOSE AND IN ANY LOCATION ; OR13
	142	+	(E) A
	143	+	CTING AS AN ISSUE COMMITTEE'S FUNDING INTERMEDIARY BY14
	144	+	MAKING CONTRIBUTIONS TO AN ISSUE COMMITTEE FROM FUNDS15
	145	+	EARMARKED FOR THE ISSUE COMMITTEE .16
	146	+	SECTION 2. In Colorado Revised Statutes, 1-45-108, add17
	147	+	(1)(a)(VI) as follows:18
97	148		1-45-108. Disclosure - definitions - repeal. (1) (a) (VI) A
98		-	NY
99		-	PERSON
100		-	, AFTER EXPENDING FIVE THOUSAND DOLLARS IN AGGREGATE IN A
101		-	CALENDAR YEAR ON DIRECT BALLOT ISSUE OR BALLOT QUESTION
102		-	EXPENDITURES
103		-	, SHALL, FOR EACH ADDITIONAL EXPENDITURE OF ONE
104		-	THOUSAND DOLLARS OR MORE
105		-	, REPORT TO THE SECRETARY OF STATE IN
106		-	ACCORDANCE WITH THE DISCLOSURE REQUIRED BY THIS SECTION
107		-	: THE
108		-	AMOUNT OF THE EXPENDITURE
109		-	, THE PURPOSE FOR WHICH THE EXPENDITURE
110		-	WAS MADE
111		-	, THE DATE OF THE EXPENDITURE, NAME AND ADDRESS OF THE
112		-	PAYEE
113		-	, AND THE BALLOT QUESTION OR BALLOT ISSUE SUPPORTED OR
114		-	OPPOSED
115		-	. SUCH A REPORT MUST BE FILED WITH THE SECRETARY OF STATE NO
116		-	LATER THAN FORTY
117		-	-EIGHT HOURS AFTER THE DIRECT BALLOT ISSUE OR
118		-	BALLOT QUESTION EXPENDITURE WAS MADE
119		-	.
120		-	SECTION 3. In Colorado Revised Statutes, 1-45-108.3, add (4) as
121		-	follows:
122		-	1-45-108.3. Disclaimer statement - committees - electioneering
123		-	communications - direct ballot issue or ballot question expenditures.
	149	+	NY19
	150	+	PERSON, AFTER EXPENDING FIVE THOUSAND DOLLARS IN AGGREGATE IN A
	151	+	20
	152	+	CALENDAR YEAR ON DIRECT BALLOT ISSUE OR BALLOT QUESTION21
	153	+	EXPENDITURES, SHALL, FOR EACH ADDITIONAL EXPENDITURE OF ONE22
	154	+	THOUSAND DOLLARS OR MORE , REPORT TO THE SECRETARY OF STATE IN23
	155	+	ACCORDANCE WITH THE DISCLOSURE REQUIRED BY THIS SECTION : THE24
	156	+	AMOUNT OF THE EXPENDITURE , THE PURPOSE FOR WHICH THE25
	157	+	EXPENDITURE WAS MADE , THE DATE OF THE EXPENDITURE , NAME AND26
	158	+	ADDRESS OF THE PAYEE, AND THE BALLOT QUESTION OR BALLOT ISSUE27
	159	+	237
	160	+	-4- SUPPORTED OR OPPOSED . SUCH A REPORT MUST BE FILED WITH THE1
	161	+	SECRETARY OF STATE NO LATER THAN FORTY -EIGHT HOURS AFTER THE2
	162	+	DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE WAS MADE .3
	163	+	SECTION 3. In Colorado Revised Statutes, 1-45-108.3, add (4)4
	164	+	as follows:5
	165	+	1-45-108.3. Disclaimer statement - committees - electioneering6
	166	+	communications - direct ballot issue or ballot question expenditures.7
124	167		(4) A
125		-	NY PERSON WHO MAKES A DIRECT BALLOT ISSUE OR BALLOT QUESTION
126		-	PAGE 3-SENATE BILL 22-237 EXPENDITURE SHALL, PURSUANT TO SECTION 1-45-107.5 (5), STATE THEIR
127		-	NAME IN ANY COMMUNICATION THAT IS BROADCAST
128		-	, PRINTED, MAILED, OR
129		-	DELIVERED
130		-	; PLACED ON A WEBSITE, STREAMING MEDIA SERVICE, OR ONLINE
131		-	FORUM FOR A FEE
132		-	; OR THAT IS OTHERWISE DISTRIBUTED TO PERSONS WHO
133		-	ARE ELIGIBLE TO VOTE ON THE BALLOT ISSUE OR BALLOT QUESTION AND IS
134		-	PRODUCED OR FUNDED
135		-	, EITHER IN WHOLE OR IN PART, BY THE PERSON WHO
136		-	MADE THE DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE
137		-	.
	168	+	NY PERSON WHO MAKES A DIRECT BALLOT ISSUE OR BALLOT8
	169	+	QUESTION EXPENDITURE SHALL , PURSUANT TO SECTION 1-45-107.5 (5),9
	170	+	STATE THEIR NAME IN ANY COMMUNICATION THAT IS BROADCAST ,10
	171	+	PRINTED, MAILED, OR DELIVERED; PLACED ON A WEBSITE, STREAMING11
	172	+	MEDIA SERVICE, OR ONLINE FORUM FOR A FEE; OR THAT IS OTHERWISE12
	173	+	DISTRIBUTED TO PERSONS WHO ARE ELIGIBLE TO VOTE ON THE BALLOT13
	174	+	ISSUE OR BALLOT QUESTION AND IS PRODUCED OR FUNDED , EITHER IN14
	175	+	WHOLE OR IN PART, BY THE PERSON WHO MADE THE DIRECT BALLOT ISSUE15
	176	+	OR BALLOT QUESTION EXPENDITURE .16
138	177		SECTION 4. Appropriation. (1)(a) For the 2021-22 state fiscal
139		-	year, $30,000 is appropriated to the department of state for use by the
140		-	information technology division. This appropriation is from the department
141		-	of state cash fund created in section 24-21-104 (3)(b), C.R.S. To implement
142		-	this act, the department may use this appropriation for information
143		-	technology personal services.
144		-	(b) Any money appropriated in this subsection (1)(a) not expended
145		-	prior to July 1, 2022, is further appropriated to the department for the
146		-	2022-23 state fiscal year for the same purpose.
147		-	(2) For the 2022-23 state fiscal year, $14,309 is appropriated to the
148		-	department of state for use by the election division. This appropriation is
149		-	from the department of state cash fund created in section 24-21-104 (3)(b),
150		-	C.R.S., and is based on an assumption that the division will require an
151		-	additional 0.3 FTE. To implement this act, the department may use this
152		-	appropriation for personal services.
153		-	SECTION 5. Effective date - applicability. This act takes effect
154		-	upon passage; except that section 2 of this act takes effect September 1,
155		-	2022.
156		-	SECTION 6. Safety clause. The general assembly hereby finds,
157		-	PAGE 4-SENATE BILL 22-237 determines, and declares that this act is necessary for the immediate
158		-	preservation of the public peace, health, or safety.
159		-	____________________________ ____________________________
160		-	Steve Fenberg Alec Garnett
161		-	PRESIDENT OF SPEAKER OF THE HOUSE
162		-	THE SENATE OF REPRESENTATIVES
163		-	____________________________ ____________________________
164		-	Cindi L. Markwell Robin Jones
165		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
166		-	THE SENATE OF REPRESENTATIVES
167		-	APPROVED________________________________________
168		-	(Date and Time)
169		-	_________________________________________
170		-	Jared S. Polis
171		-	GOVERNOR OF THE STATE OF COLORADO
172		-	PAGE 5-SENATE BILL 22-237
	178	+	17
	179	+	year, $30,000 is appropriated to the department of state for use by the18
	180	+	information technology division. This appropriation is from the19
	181	+	department of state cash fund created in section 24-21-104 (3)(b) C.R.S.20
	182	+	To implement this act, the department may use this appropriation for21
	183	+	information technology personal services.22
	184	+	(b) Any money appropriated in this subsection (1)(a) not expended23
	185	+	prior to July 1, 2022 is further appropriated to the department for the24
	186	+	2022-23 state fiscal year for the same purpose.25
	187	+	(2) For the 2022-23 state fiscal year, $14,309 is appropriated to26
	188	+	the department of state for use by the election division. This appropriation27
	189	+	237
	190	+	-5- is from the department of state cash fund created in section 24-21-1041
	191	+	(3)(b) C.R.S., and is based on an assumption that the division will require2
	192	+	an additional 0.3 FTE. To implement this act, the department may use this3
	193	+	appropriation for personal services.4
	194	+	SECTION 5. Effective date - applicability. This act takes effect5
	195	+	upon passage; except that section 2 of this act takes effect September 1,6
	196	+	2022.7
	197	+	SECTION 6. Safety clause. The general assembly hereby finds,8
	198	+	determines, and declares that this act is necessary for the immediate9
	199	+	preservation of the public peace, health, or safety.10
	200	+	237
	201	+	-6-