Colo. Rev. Stat. § 24-6-202

Current through Chapter 492 of the 2024 Legislative Session
Section 24-6-202 - Disclosure - contents - filing - false or incomplete filing - penalty
(1) Not later than January 10 of each calendar year, each of the following individuals shall file an annual disclosure statement with the secretary of state of Colorado in such form as the secretary of state prescribes, stating the information specified in subsection (2) of this section:
(a) Each member of the general assembly;
(b) The governor, lieutenant governor, secretary of state, attorney general, and state treasurer;
(c) Each justice or judge of a court of record;
(d) Each district attorney;
(e) Each member of the state board of education;
(f) Each member of the board of regents of the university of Colorado;
(g) Each member of the public utilities commission.
(h) Repealed.
(1.3) If an individual begins serving in one of the positions specified in subsection (1) of this section after January 10 and has not filed a disclosure statement within the previous thirty days, the individual shall file a disclosure statement no later than ten days after assuming the position.
(1.5) The provisions of subsection (1) of this section apply to any individual who is serving in any position specified in subsection (1) of this section on or after January 1, 2024. If an individual who is specified in subsection (1) of this section is serving in office in the 2024 calendar year but has not filed an annual disclosure statement in the 2024 calendar year, the individual shall file a disclosure statement no later than July 1, 2024, or in accordance with the requirements specified in subsection (1.3) of this section, whichever is sooner.
(1.7)[Repealed by 2024 amendment]
(2) Disclosure must include the following for the previous calendar year, unless otherwise specified:
(a) The names, and amounts, disclosed as a range as provided in the form prescribed by the secretary of state, of any source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure;
(b) The name of each business, insurance policy, or trust in which he, his spouse, or minor children residing with him has a financial interest in excess of five thousand dollars;
(c) The legal description of any interest in real property, including an option to buy, in the state in which the person making disclosure, his spouse, or minor children residing with him have any interest, direct or indirect, the market value of which is in excess of five thousand dollars;
(d) The identity, by name, of all offices, directorships, and fiduciary relationships held by the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure, including whether the position is compensated or uncompensated;
(e) The identity, by name, of any person, firm, or organization for whom compensated lobbying is done by any person associated with the person making disclosure if the benefits of such compensation are or may be shared by the person making disclosure, directly or indirectly;
(f) The name of each creditor to whom the person making disclosure, the person's spouse, or the person's minor children owe money in excess of one thousand dollars, including the interest rate and the highest amount owed, disclosed as a range as provided in the form prescribed by the secretary of state, for the calendar year covered in the statement;
(g) A list of businesses with which the person making disclosure or his spouse are associated that do business with or are regulated by the state and the nature of such business or regulation;
(h) The sources of compensation exceeding five thousand dollars received by the person making the disclosure or the person's business affiliation for services provided directly by the person making the disclosure during the current year and during the prior calendar year, if the source is a person or entity that is regulated by the state or pays for a lobbyist that conducts lobbying at the general assembly or at a state regulatory body. This includes the names of clients and customers of any affiliated corporation, firm, partnership, or other business enterprise and a description of the duties performed or services rendered for each source of compensation if the person making the disclosure directly provided the services generating a fee or payment of more than five thousand dollars. The person making the disclosure may exclude any information considered confidential as a result of a privileged relationship recognized by law. If the person making the disclosure withholds information as a result of a privileged relationship, the person shall still disclose the existence of the source of compensation and an explanation for why information was withheld;
(i) Any additional information that the person making the disclosure deems necessary.
(3) Any disclosure statement shall be amended no more than thirty days after any termination, acquisition, or substantial change of interests as to which disclosure is required.
(4) [Repealed by 2024 amendment]

(5) Each disclosure statement is public information and shall be made available on the secretary of state's website.
(6) [Repealed by 2024 amendment]
(7) Any person who willfully files a false or incomplete disclosure statement, or who willfully fails to make any filing required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars.
(8) In addition to any other process provided in law or rule, including article XXIX of the state constitution, any person who believes an official listed in subsection (1)(a) of this section is not substantially complying with the requirements of this section may file a complaint with the following:
(a) The secretary of the senate and the president of the senate for members of the senate; and
(b) The chief clerk of the house of representatives and the speaker of the house of representatives for members of the house of representatives.
(9) Upon receiving a complaint, the person or persons receiving the complaint shall follow any existing procedures for investigating ethics complaints or violations.
(10) If an official specified in subsection (1)(a) of this section does not timely file the required annual disclosure statement, the secretary of state shall forward notification to the appropriate individual specified in subsection (8) of this section.

C.R.S. § 24-6-202

Amended by 2024 Ch. 468,§ 51, eff. 6/6/2024.
Amended by 2023 Ch. 399,§ 53, eff. 1/1/2024.
Amended by 2022 Ch. 108, § 3, eff. 8/10/2022.
Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-202. L. 79: IP(1), (4), and (6) amended and (1)(b), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(h) added, pp. 851, 852, §§ 1, 2, effective July 1. L. 85: (1)(a) amended and (1)(h) repealed, pp. 382, 381, §§ 6, 1, effective April 17. L. 2010: IP(1) amended and (1.7) added, (SB 10 -041), ch. 151, p. 524, § 5, effective July 1.
2022 Ch. 108, was passed without a safety clause. See Colo. Const. art. V, § 1(3).