Amendments for HB24-1283
House Journal, March 12
22 HB24-1283 be amended as follows, and as so amended, be referred to
23 the Committee on Appropriations with favorable
24 recommendation:
25
26 Amend printed bill, strike everything below the enacting clause and
27 substitute:
28 "SECTION 1. In Colorado Revised Statutes, 1-45-111.7, repeal
29 (9)(b); and add (10) as follows:
30 1-45-111.7. Campaign finance complaints - initial review -
31 curing violations - investigation and enforcement - hearings -
32 advisory opinions - document review - collection of debts resulting
33 from campaign finance penalties - definitions. (9) Debt collection.
34 (b) Any complaint arising out of a municipal campaign finance matter
35 must be exclusively filed with the clerk of the applicable municipality.
36 (10) Municipal complaints. (a) A COMPLAINT ALLEGING THAT A
37 VIOLATION OF ARTICLE XXVIII OF THE STATE CONSTITUTION, THIS
38 ARTICLE 45, OR THE RULES HAS OCCURRED IN CONNECTION WITH A
39 MUNICIPAL CAMPAIGN FINANCE MATTER MUST BE FILED WITH THE CLERK
40 OF THE APPLICABLE MUNICIPALITY. UNLESS OTHERWISE PROVIDED BY
41 LOCAL LAW, A COMPLAINANT MUST FILE THE COMPLAINT IN WRITING, SIGN
42 THE COMPLAINT, AND IDENTIFY ONE OR MORE RESPONDENTS. THE
43 COMPLAINT SHALL BE FILED AND PROCESSED IN ACCORDANCE WITH LOCAL
44 LAW UNLESS REFERRED TO THE SECRETARY AS SPECIFIED IN SUBSECTION
45 (10)(c)(I) OR (10)(c)(II) OF THIS SECTION.
46 (b) THE CLERK SHALL CONDUCT AN INITIAL REVIEW OF A
47 CAMPAIGN FINANCE COMPLAINT WITHIN TEN BUSINESS DAYS OF RECEIVING
48 THE COMPLAINT OR WITHIN THE TIME SPECIFIED IN LOCAL LAW TO
49 DETERMINE WHETHER THE COMPLAINT SATISFIES THE REQUIREMENTS OF
50 SUBSECTION (10)(a) OF THIS SECTION OR THE REQUIREMENTS OF LOCAL
51 LAW, AS APPLICABLE. IF, AFTER INITIALLY REVIEWING A COMPLAINT
52 PURSUANT TO THIS SUBSECTION (10)(b), THE CLERK DETERMINES THAT A
53 COMPLAINT DOES NOT SATISFY THE REQUIREMENTS OF SUBSECTION (10)(a)
54 OF THIS SECTION, THE CLERK SHALL DISMISS THE COMPLAINT.
55
1 (c) (I) IF, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE
2 COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THE
3 CLERK DETERMINES THAT THE COMPLAINT SATISFIES THE REQUIREMENTS
4 OF SUBSECTION (10)(a) OF THIS SECTION AND LOCAL LAW, AS APPLICABLE,
5 BUT PRESENTS AN ACTUAL OR POTENTIAL CONFLICT FOR THE CLERK OR
6 THE CLERK'S STAFF, THE CLERK SHALL REFER THE COMPLAINT TO THE
7 SECRETARY, IN A FORM AND MANNER DETERMINED BY THE SECRETARY,
8 WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE
9 MUNICIPALITY HAS ADOPTED AN ORDINANCE REGARDING MUNICIPAL
10 CAMPAIGN FINANCE MATTERS THAT:
11 (A) AUTHORIZES THE MUNICIPALITY TO REFER A CAMPAIGN
12 FINANCE COMPLAINT TO THE SECRETARY BASED ON AN ACTUAL OR
13 POTENTIAL CONFLICT OF THE CLERK OR THE CLERK'S STAFF, AS
14 DETERMINED IN WRITING BY THE CLERK;
15 (B) AUTHORIZES THE SECRETARY TO USE THE PROVISIONS OF
16 SUBSECTIONS (3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND
17 RESOLVE THE CAMPAIGN FINANCE COMPLAINT; EXCEPT THAT THE
18 DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED
19 PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION SHALL CONSIDER THE
20 TIME FOR FILING A COMPLAINT UNDER LOCAL LAW;
21 (C) PERMITS THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO
22 MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE
23 COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN, BY THE EXERCISE
24 OF REASONABLE DILIGENCE, OF THE ALLEGED VIOLATION;
25 (D) REQUIRES THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO
26 BE IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED
27 BY THE SECRETARY, INCLUDING IDENTIFICATION OF ONE OR MORE
28 RESPONDENTS AND INCLUDING THE INFORMATION REQUIRED TO BE
29 PROVIDED ON THE FORM;
30 (E) DIRECTS THE MUNICIPALITY TO COOPERATE WITH THE
31 SECRETARY IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN
32 FINANCE COMPLAINT; AND
33 (F) DISCLAIMS ANY INTEREST OF THE MUNICIPALITY IN FINES
34 COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE
35 COMPLAINT.
36 (II) IF THE CLERK OF A STATUTORY MUNICIPALITY THAT DOES NOT
37 HAVE A CAMPAIGN FINANCE COMPLAINT AND HEARING PROCESS
38 DETERMINES, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE
39 COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THAT A
40 COMPLAINT SATISFIES THE REQUIREMENTS OF SUBSECTION (10)(a) OF THIS
41 SECTION, THE CLERK SHALL REFER THE COMPLAINT TO THE SECRETARY, IN
42 A FORM AND MANNER DETERMINED BY THE SECRETARY, WITHIN FOURTEEN
43 BUSINESS DAYS OF RECEIVING THE COMPLAINT.
44 (d) UPON DISMISSING A COMPLAINT OR REFERRING A COMPLAINT
45 TO THE SECRETARY PURSUANT TO THIS SECTION, THE CLERK SHALL NOTIFY
46 THE COMPLAINANT OF THE CLERK'S ACTION BY E-MAIL OR BY REGULAR
47 MAIL IF E-MAIL IS UNAVAILABLE.
48 (e) A MUNICIPALITY MUST COOPERATE WITH THE SECRETARY IN
49 THE REVIEW, INVESTIGATION, AND DETERMINATION OF ANY CAMPAIGN
50 FINANCE COMPLAINT REFERRED TO THE SECRETARY PURSUANT TO THIS
51 SECTION.
52 (f) IF THE SECRETARY RECEIVES A CAMPAIGN FINANCE COMPLAINT
53 REFERRED BY A CLERK PURSUANT TO SUBSECTION (10)(c)(I) OR (10)(c)(II)
54 OF THIS SECTION, THE SECRETARY SHALL DEEM THE COMPLAINT FILED
1 PURSUANT TO SUBSECTION (2) OF THIS SECTION ON THE DATE OF RECEIPT
2 FROM THE CLERK, AND THE SECRETARY SHALL ENSURE THAT THE
3 COMPLAINT IS ADDRESSED IN ACCORDANCE WITH THE REQUIREMENTS OF
4 THIS SECTION. THE DETERMINATION THAT A CONFLICT EXISTS IS NOT
5 REVIEWABLE BY THE SECRETARY.
6 (g) THE SECRETARY SHALL APPLY THE SUBSTANTIVE PROVISIONS
7 OF A HOME RULE MUNICIPALITY'S LOCAL LAW IN PROCESSING,
8 INVESTIGATING, AND RESOLVING A CAMPAIGN FINANCE COMPLAINT
9 REFERRED TO THE SECRETARY PURSUANT TO THIS SECTION.
10 (h) ALL FINES COLLECTED IN CONNECTION WITH A REFERRED
11 CAMPAIGN FINANCE COMPLAINT ARE PAYABLE TO THE SECRETARY.
12 (i) THE ADOPTION OF A LOCAL LAW AUTHORIZING THE REFERRAL
13 OF A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO
14 THIS SECTION IS NOT A WAIVER OF THE APPLICATION OF ANY PROVISIONS
15 OF ARTICLE XX OR XXVIII OF THE STATE CONSTITUTION OR SECTION
16 1-45-116. NOTHING IN THIS SUBSECTION (10) REQUIRES A MUNICIPALITY
17 TO REPEAL AN ORDINANCE OR RESOLUTION ESTABLISHING A CAMPAIGN
18 FINANCE COMPLAINT AND HEARING PROCESS.
19 (j) AS USED IN THIS SUBSECTION (10):
20 (I) "CONFLICT" MEANS THE ACTUAL OR PERCEIVED INABILITY TO
21 PROCESS A CAMPAIGN FINANCE COMPLAINT OR IMPOSE A REMEDY IN A FAIR
22 AND IMPARTIAL MANNER, INCLUDING AN ACTUAL OR PERCEIVED BIAS OR
23 OTHER FACTORS THAT MAY IMPACT THE INDEPENDENCE OF THE
24 DECISION-MAKER REGARDING THE COMPLAINANT OR A CANDIDATE.
25 (II) "CLERK" MEANS THE CLERK OF A MUNICIPALITY OR THE
26 PERSON OR ENTITY DESIGNATED TO REVIEW CAMPAIGN FINANCE
27 COMPLAINTS UNDER A LOCAL LAW.
28 (III) "LOCAL LAW" MEANS A MUNICIPAL CHARTER, ORDINANCE, OR
29 RESOLUTION THAT ADDRESS THE MATTERS COVERED BY ARTICLE XXVIII
30 OF THE STATE CONSTITUTION AND THIS ARTICLE 45.
31 SECTION 2. Act subject to petition - effective date -
32 applicability. (1) This act takes effect at 12:01 a.m. on the day following
33 the expiration of the ninety-day period after final adjournment of the
34 general assembly; except that, if a referendum petition is filed pursuant
35 to section 1 (3) of article V of the state constitution against this act or an
36 item, section, or part of this act within such period, then the act, item,
37 section, or part will not take effect unless approved by the people at the
38 general election to be held in November 2024 and, in such case, will take
39 effect on the date of the official declaration of the vote thereon by the
40 governor.
41 (2) This act applies to municipal campaign finance complaints
42 filed on or after the applicable effective date of this act.".
43
44
House Journal, April 19
21 HB24-1283 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend the State, Civic, Military, & Veterans Affairs Committee Report,
26 dated March 11, 2024, page 2, line 10, strike "REGARDING MUNICIPAL"
27 and substitute "THAT AUTHORIZES THE MUNICIPALITY TO REFER A
28 CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY BASED ON AN ACTUAL
29 OR POTENTIAL CONFLICT OF THE CLERK OR THE CLERK'S STAFF, AS
30 DETERMINED IN WRITING BY THE CLERK.".
31
32 Page 2, strike lines 11 through 36.
33
34 Page 3, line 1, strike "COMPLAINT." and substitute "COMPLAINT IF THE
35 MUNICIPALITY HAS ADOPTED AN ORDINANCE THAT AUTHORIZES THE
36 MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE
37 SECRETARY BECAUSE THE MUNICIPALITY DOES NOT HAVE A CAMPAIGN
38 FINANCE COMPLAINT AND HEARING PROCESS.".
39
40 Page 3, after line 1 insert:
41 "(d) TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY
42 PURSUANT TO THIS SUBSECTION (10), A MUNICIPALITY MUST HAVE AN
43 ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER SUCH A
44 COMPLAINT TO THE SECRETARY AND MUST PROVIDE A COPY OF THE
45 ORDINANCE TO THE SECRETARY. A MUNICIPALITY IS NOT AUTHORIZED TO
46 REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT
47 TO THIS SUBSECTION (10) FOR AN ELECTION THAT IS FEWER THAN ONE
48 HUNDRED AND EIGHTY DAYS AFTER THE ORDINANCE IS PROVIDED TO THE
49 SECRETARY. A MUNICIPAL ORDINANCE THAT AUTHORIZES THE A
50 MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE
51 SECRETARY MUST:
52 (I) AUTHORIZE THE SECRETARY TO USE THE PROVISIONS OF
53 SUBSECTIONS (3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND
54 RESOLVE THE CAMPAIGN FINANCE COMPLAINT; EXCEPT THAT THE
55 DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED
1 PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION SHALL CONSIDER THE
2 TIME FOR FILING A COMPLAINT UNDER LOCAL LAW;
3 (II) PERMIT THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO MORE
4 THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE
5 COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN, BY THE EXERCISE
6 OF REASONABLE DILIGENCE, OF THE ALLEGED VIOLATION;
7 (III) REQUIRE THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO BE
8 IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED BY
9 THE SECRETARY, INCLUDING IDENTIFICATION OF ONE OR MORE
10 RESPONDENTS AND INCLUDING THE INFORMATION REQUIRED TO BE
11 PROVIDED ON THE FORM;
12 (IV) DIRECT THE MUNICIPALITY TO COOPERATE WITH THE SECRETARY
13 IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN FINANCE
14 COMPLAINT; AND
15 (V) DISCLAIM ANY INTEREST OF THE MUNICIPALITY IN FINES
16 COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE
17 COMPLAINT.".
18
19 Reletter succeeding paragraphs accordingly.
20
21 Page 3, after line 42 insert:
22
23 "SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
24 $170,723 is appropriated to the department of state. This appropriation is
104 25 from the department of state cash fund created in section 24-21-
26 (3)(b), C.R.S. To implement this act, the department may use this
27 appropriation as follows:
28 (a) $27,669 for use by the administration division for personal
29 services, which amount is based on an assumption that the division will
30 require an additional 0.2 FTE;
31 (b) $100 for use by the administration division for operating
32 expenses;
33 (c) $120,356 for use by the elections division for personal services,
34 which amount is based on an assumption that the division will require an
35 additional 2.0 FTE;
36 (d) $15,950 for use by the elections division for operating expenses;
37 and
38 (e) $6,648 for use by the information technology division for
39 operating expenses.".
40
41 Renumber succeeding section accordingly.
42
43 Page 4 of the report, after line 11 insert:
44
45 "Page 1 of the bill, line 104, strike "CIRCUMSTANCES." and substitute
46 "CIRCUMSTANCES, AND, IN CONNECTION THEREWITH, MAKING AN
47 APPROPRIATION.".".
48
49
House Journal, April 24
1 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
2 placed in member's bill file; Report also printed in House Journal,
3 April 19, 2024.
4
5 Amendment No. 2, State, Civic, Military, & Veterans Affairs Report,
6 dated March 11, 2024, and placed in member's bill file; Report also
7 printed in House Journal, March 12, 2024.
8
9 Amendment No. 3, by Representative Willford:
10
11 Amend the State, Civic, Military, and Veterans Affairs Committee
12 Report, dated March 11, 2024, page 3, line 32, after "OR" insert
13 "REASONABLY".
14
15 Page 3, line 34, after "OR" insert "REASONABLY".
16
17 As amended, ordered engrossed and placed on the Calendar for Third
18 Reading and Final Passage.
19