Colo. Rev. Stat. § 24-6-202

Current through Chapter 123 of the 2024 Legislative Session
Section 24-6-202 - Disclosure - contents - filing - false or incomplete filing - penalty
(1) Except as otherwise provided in subsection (1.7) of this section, not later than the January 10 following his or her election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by:
(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(h) Repealed.
(1.5) The provisions of subsection (1) of this section apply to any person who is serving in any position noted in said subsection (1) on July 1, 1979.
(1.7) Notwithstanding any other provision of this section, any person who has timely filed an amended statement with the secretary of state pursuant to subsection (4) of this section is not required to additionally file a disclosure statement satisfying the requirements of subsection (1) of this section by the January 10 following his or her election, reelection, appointment, or retention in office.
(2) Disclosure must include the following for the previous calendar year, unless otherwise specified:
(a) The names, and amounts, disclosed as a range included 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 included in the form prescribed b y 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 or acquisition of interests as to which disclosure is required.
(4)
(a) Any person required by this section to file a disclosure statement shall, on or before January 10 of each calendar year, file an amended statement with the secretary of state or notify the secretary of state in writing that the person has had no change of condition since the previous filing of a disclosure statement.
(b) Any incumbent seeking reelection is not required to file a separate disclosure statement required by section 1-45-110 if the incumbent has filed a disclosure statement as required by subsection (4)(a) of this section.
(5) Each disclosure statement, amended statement, or notification that no amendment is required shall be public information, available to any person upon request during normal working hours.
(6) Any person subject to the provisions of this section may elect to file with the secretary of state annually a copy of his federal income tax return and any separate federal income tax return filed by his spouse or minor children residing with him together with a certified statement of any investments held by him, his spouse, or minor children residing with him which are not reflected by the income tax returns in lieu of complying with the provisions of subsections (1) to (4) of this section, which tax return and any statement filed under the provisions of this subsection (6) shall be public information.
(7) Any person who willfully files a false or incomplete disclosure statement, amendment, or notice that no amendment is required, or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments, 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.

C.R.S. § 24-6-202

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).