SENATE BILL 22-237
BY SENATOR(S) Fenberg and Holbert, Bridges, Buckner, Danielson,
Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kirkmeyer, Kolker, Lee, Moreno, Pettersen, Priola, Scott, Simpson,
Sonnenberg, Story, Winter, Woodward, Zenzinger;
also REPRESENTATIVE(S) Kennedy and Larson, Bacon, Bernett, Bird,
Boesenecker, Duran, Froelich, Herod, Hooton, Jodeh, Kipp, Lindsay,
McCluskie, Mullica, Ricks, Roberts, Snyder, Titone, Valdez A., Young.
C
ONCERNING MEASURES TO PROMOTE INCREASED TRANSPARENCY OF FUNDS
USED IN BALLOT MEASURE CAMPAIGNS
, 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, amend (7.5)
and (12)(b)(II); and add (7.2) as follows:
1-45-103. Definitions - repeal. As used in this article 45, unless the
context otherwise requires:
(7.2) "D
IRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE "
MEANS DIRECT SPENDING IN SUPPORT OF OR OPPOSITION TO ANY SINGLE
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. BALLOT ISSUE OR BALLOT QUESTION BY A PERSON WHO DOES NOT
OTHERWISE MEET THE REQUIREMENTS OF AN ISSUE COMMITTEE
.
C
ONTRIBUTIONS TO AN ISSUE COMMITTEE ARE NOT DIRECT BALLOT ISSUE OR
BALLOT QUESTION EXPENDITURES
.
(7.5) "Earmark" means a designation, instruction, or encumbrance
that directs the transmission and use by the recipient of all or part of a
donation to a third party for the purpose of making: one or moreindependent expenditures or electioneering communications in excess of
one thousand dollars.
(a) INDEPENDENT EXPENDITURES GREATER THAN ONE THOUSAND
DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED CANDIDATE
;
(b) E
LECTIONEERING COMMUNICATIONS GREATER THAN ONE
THOUSAND DOLLARS
; OR
(c) CONTRIBUTIONS OR EXPENDITURES GREATER THAN ONE
THOUSAND DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED BALLOT ISSUE OR
BALLOT QUESTION
.
(12) (b) For purposes of section 2 (10)(a)(I) of article XXVIII of the
state constitution, "major purpose" means support of or opposition to a
ballot issue or ballot question that is reflected by:
(II) An organization's demonstrated pattern of conduct based upon
its
IT:
(A) Annual expenditures in support of or opposition to a ballot issue
or ballot question; or
(B) Production or funding, or both, of written or broadcast
communications, or both, in support of or opposition to a ballot issue or
ballot question.
(C) DURING THE COMBINED PERIOD OF THE CURRENT CALENDAR
YEAR AND THE PRECEDING TWO CALENDAR YEARS
, MAKING EITHER
CONTRIBUTIONS TO ONE OR MORE STATEWIDE
COLORADO ISSUE
COMMITTEES OR DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES
,
IN EITHER SUPPORT OF OR OPPOSITION TO ONE OR MORE STATEWIDE
PAGE 2-SENATE BILL 22-237 COLORADO BALLOT ISSUES OR BALLOT QUESTIONS , THAT EXCEEDED THIRTY
PERCENT OF THE TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE
ORGANIZATION FOR ANY PURPOSE AND IN ANY LOCATION DURING THE
ENTIRE PRECEDING AND CURRENT CALENDAR YEARS
;
(D) D
URING THE COMBINED PERIOD OF THE CURRENT CALENDAR
YEAR AND THE PRECEDING TWO CALENDAR YEARS
, MAKING EITHER
CONTRIBUTIONS TO A SINGLE STATEWIDE
COLORADO ISSUE COMMITTEE OR
DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES
, IN EITHER
SUPPORT OF OR OPPOSITION TO A SINGLE STATEWIDE
COLORADO BALLOT
ISSUE OR BALLOT QUESTION
, THAT EXCEEDED TWENTY PERCENT OF THE
TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE ORGANIZATION FOR
ANY PURPOSE AND IN ANY LOCATION
; OR
(E) ACTING AS AN ISSUE COMMITTEE'S FUNDING INTERMEDIARY BY
MAKING CONTRIBUTIONS TO AN ISSUE COMMITTEE FROM FUNDS EARMARKED
FOR THE ISSUE COMMITTEE
.
SECTION 2. In Colorado Revised Statutes, 1-45-108, add
(1)(a)(VI) as follows:
1-45-108. Disclosure - definitions - repeal. (1) (a) (VI) A
NY
PERSON
, AFTER EXPENDING FIVE THOUSAND DOLLARS IN AGGREGATE IN A
CALENDAR YEAR ON DIRECT BALLOT ISSUE OR BALLOT QUESTION
EXPENDITURES
, SHALL, FOR EACH ADDITIONAL EXPENDITURE OF ONE
THOUSAND DOLLARS OR MORE
, REPORT TO THE SECRETARY OF STATE IN
ACCORDANCE WITH THE DISCLOSURE REQUIRED BY THIS SECTION
: THE
AMOUNT OF THE EXPENDITURE
, THE PURPOSE FOR WHICH THE EXPENDITURE
WAS MADE
, THE DATE OF THE EXPENDITURE, NAME AND ADDRESS OF THE
PAYEE
, AND THE BALLOT QUESTION OR BALLOT ISSUE SUPPORTED OR
OPPOSED
. SUCH A REPORT MUST BE FILED WITH THE SECRETARY OF STATE NO
LATER THAN FORTY
-EIGHT HOURS AFTER THE DIRECT BALLOT ISSUE OR
BALLOT QUESTION EXPENDITURE WAS MADE
.
SECTION 3. In Colorado Revised Statutes, 1-45-108.3, add (4) as
follows:
1-45-108.3. Disclaimer statement - committees - electioneering
communications - direct ballot issue or ballot question expenditures.
(4) A
NY PERSON WHO MAKES A DIRECT BALLOT ISSUE OR BALLOT QUESTION
PAGE 3-SENATE BILL 22-237 EXPENDITURE SHALL, PURSUANT TO SECTION 1-45-107.5 (5), STATE THEIR
NAME IN ANY COMMUNICATION THAT IS BROADCAST
, PRINTED, MAILED, OR
DELIVERED
; PLACED ON A WEBSITE, STREAMING MEDIA SERVICE, OR ONLINE
FORUM FOR A FEE
; OR THAT IS OTHERWISE DISTRIBUTED TO PERSONS WHO
ARE ELIGIBLE TO VOTE ON THE BALLOT ISSUE OR BALLOT QUESTION AND IS
PRODUCED OR FUNDED
, EITHER IN WHOLE OR IN PART, BY THE PERSON WHO
MADE THE DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE
.
SECTION 4. Appropriation. (1) (a) For the 2021-22 state fiscal
year, $30,000 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 information
technology personal services.
(b) Any money appropriated in this subsection (1)(a) not expended
prior to July 1, 2022, is further appropriated to the department for the
2022-23 state fiscal year for the same purpose.
(2) For the 2022-23 state fiscal year, $14,309 is appropriated to the
department of state for use by the election division. This appropriation is
from the department of state cash fund created in section 24-21-104 (3)(b),
C.R.S., and is based on an assumption that the division will require an
additional 0.3 FTE. To implement this act, the department may use this
appropriation for personal services.
SECTION 5. Effective date - applicability. This act takes effect
upon passage; except that section 2 of this act takes effect September 1,
2022.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 4-SENATE BILL 22-237 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 22-237