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Rules of the House of Representatives

21.  When Members Shall Vote - Personal Interest - Changing Vote

(a)    Every member who shall be within the House chamber when a question shall be stated from the chair shall vote thereon, unless the member is directly interested in the question or shall have been excused from voting by the House; but, when a vote is taken without the use of the electric roll call system, no member shall be obliged to vote upon any question unless the member is within the House chamber when his or her name is called.

(b)    A request by a member to be excused from voting shall be made before the call for the ayes and noes has begun; any member desiring to be excused from voting on a question shall make a brief statement of the reasons therefor, and the question shall be put without further debate.

(c)    A member who has an immediate personal or financial interest in any bill or measure proposed or pending before the General Assembly shall disclose the fact to the House, and shall not vote upon such bill or measure.

(d)    When a vote is taken without the use of the electric roll call system, a member shall be allowed to change his or her vote before the result has been announced, but not thereafter.

(e)    A member shall not be compelled by a majority of a political caucus to cast a vote for or against any legislative measure.


Rules of the House of Representatives

23.  Decorum

(a)    No member shall walk across or out of the House chamber while the Speaker is putting the question.

(b)    No member shall engage in loud private discourse or commit any other act tending to distract the attention of the House from the business before it.

(c)    Upon the objection of a member, or upon the Speaker's own initiative, a member who has transgressed the rules of the House, in speaking or otherwise, may be called to order by the Speaker; whereupon the member, subject to the right to appeal a decision of the chair, shall immediately sit quietly in his or her place.

(d)    When speaking or debating before the House, a member shall confine his or her remarks to the question under discussion or debate, avoiding personalities.

(e)    When the General Assembly is in session, members and such employees as authorized by the chief clerk shall be the only persons to use the center aisle of the House chambers, the aisles between the member's desks, and the well of the House chambers immediately in front of the House front desk.  The center aisle of the House chambers may also be used during joint sessions by Senators and by such guests as may be authorized by the Speaker.

(f)    Members shall be the only persons to use the chairs provided for use of the members in the House chambers.  However, a member may authorize a Senator to use his or her chair during joint sessions or an immediate family member to use his or her chair during special ceremonies.

(g)    Whenever the House is conducting business in the House chambers, gentlemen members shall be required to wear a suit coat or sport coat.  The requirement to wear a suit coat or sport coat may be suspended by the Chair when the House is sitting as a committee of the whole or by the Speaker when the Speaker deems suspension appropriate.  The majority party leader shall develop guidelines for proper dress for members and staff attending to legislative business in the House chambers and assure that such guidelines are communicated to the members and staff.

(h)    (1)    Introduction of visitors or guests in the House gallery shall be limited to school classes and school groups.

    (2)    Introduction of guests on the floor of the House shall be limited to the immediate families of members, former members of the House, present or former elected state officials, city and county officials, members of Congress, elected officials of other states or the United States, and foreign dignitaries.  In addition, a member of the House may introduce and recognize:

        (A)    Any individual who is serving or who has previously served in the military;

        (B)    The family members of an individual who died in combat while serving in the military or who died while serving in a law enforcement or firefighting capacity and who is the subject of a House tribute or a House or Senate joint memorial tribute;

        (C)    Any individual who has been recognized statewide for a significant accomplishment or achievement; or

        (D)    The members of an academic or athletic group or organization who have achieved a significant goal such as winning a league, state, or national title, competition, or championship.

    (3)    No introductions shall be made during deliberations by the committee of the whole or when the House is engaged in third reading of bills.


Rules of the House of Representatives

49.  Committee on Ethics

(a)    Any person who has knowledge concerning misconduct involving legislative duties by a member of the House, including but not limited to the alleged violation of the Rules of the House of Representatives or of section 40 of article V of the state constitution, may file a written, signed complaint with the Speaker setting forth the facts that constitute the alleged misconduct and specifying the statutes, rules,  constitutional provisions, or other ethical principles alleged to have been violated.  The Speaker shall provide the member complained against with a copy of the complaint.  The Speaker shall consult with the majority leader and the minority leader about the complaint.  If at  least two of the three leaders conclude that the complaint does not state an ethical violation, the complaint shall be dismissed, and the complainant and the member complained against shall be so notified.

(b)    If the complaint is not dismissed pursuant to subsection (a) of this rule, the Speaker shall appoint a committee on ethics, which shall consist of not less than five nor more than seven members.  The party representation on the committee shall be in proportion generally to the relative number of members of the two major political parties in the House.  The majority party members of the committee shall be selected from among the chairmen of committees of reference of the House.  The minority party members of the committee shall be selected, after considering recommendations by the minority leader, from among the members of the House who are senior in service and experience.  The Speaker shall designate the chairman and vice-chairman of the committee from among its members.

(c)    The person complained against may submit a written answer to the committee within ten days after appointment of the committee. The committee shall make a preliminary investigation of the complaint.  The preliminary investigation shall consist of an examination of the complaint, the answer, if any, and any other evidence compiled pursuant to the request of the committee, but the committee shall not receive testimony or other evidence from other sources.  The preliminary investigation shall be completed within thirty days after appointment of the committee.  If, after the preliminary investigation, the committee determines no violation has occurred, the complaint shall be dismissed.

(d)    If, after the preliminary investigation, the committee determines probable cause exists to find that a violation may have occurred, it  shall so notify the person complained against.  Within seven days after such notification, such person may request a hearing before the committee, at which he or she shall be entitled to appear, present evidence, cross-examine witnesses, and be represented by counsel.  The committee shall have the power to take testimony under oath and to issue subpoenas and subpoenas duces tecum in the manner provided by Joint Rule No. 33 (b), (c), and (d) of the Joint Rules of the Senate and House of Representatives.  The hearing shall commence within fourteen days after receipt of the request for a hearing.

(e)    All proceedings of the committee shall be governed by the provisions of part 4 of article 6 and part 2 of article 72 of title 24, Colorado Revised Statutes.

(f)    After a hearing held pursuant to subsection (d) of this rule, the committee may dismiss the complaint, or, if it finds that action should be taken against the member complained against, it shall make appropriate recommendations to the House of Representatives, including reprimand, censure, or expulsion. Expulsion of a House member shall require the affirmative vote of two-thirds of the members elected to the House.  Reprimand or censure of a member shall require the affirmative vote of a majority of the members elected to the House.

(g)    Action of the leadership, the ethics committee, or the House pursuant to this rule is final and not subject to court review.  Nothing in this rule shall prohibit the House of Representatives from taking any action based upon its authority to judge the qualifications of its members pursuant to Section 10 of Article V of the state Constitution.

(h)    The committee may retain such counsel and may hire such investigators as it deems necessary for the performance of its duties under this rule. All expenditures incurred pursuant to this subsection (h) shall be approved by the Speaker and paid by vouchers and warrants drawn as provided by law from appropriations made to the General Assembly.

(i)    The committee may adopt rules of procedure for the orderly conduct of its meetings, investigations, and hearings, which rules shall be consistent with this rule and other applicable rules and statutes.

(j)    If the complaint concerns misconduct of the Speaker, then the duties of the Speaker in this rule shall be the duties of the majority floor leader and the duties of the majority floor leader shall be the duties of the assistant majority leader.  If the complaint concerns misconduct of the majority floor leader or the minority leader, then the duties of such leader in this rule shall be the duties of the assistant majority leader or the assistant minority leader, as the case may be.


Rules of the Senate

16.  Senators

(a)    Every Senator shall be present within the Senate chamber during sessions of the Senate unless duly excused, or necessarily prevented from attendance. No members shall be excused without the consent of the President.

(b)    Any Senator rising to speak in debate or to present any matter, shall, before proceeding, first address the President and be recognized. If two or more Senators rise at the same time, the President shall name the Senator who is to speak first. No Senator shall speak longer than one hour at any one time without the consent of the Senate.  A Senator shall confine any remarks made to the question under debate and avoid personalities.

(c)    Any Senator may call for a statement of the question.  No Senator shall in any manner interrupt the business of the Senate while the President is putting the question or while journals, bills, or other papers are being read, nor when any Senator is speaking, except to raise a question of order, or, with the consent obtained through the chair of the speaking Senator to make a personal explanation or propound an inquiry.

(d)    (1)    If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any member may, call the Senator to order, in which case the Senator shall immediately sit down, and shall not speak, except in explanation, until the question of order shall have been decided.

    (2)    If any Senator is called to order for words spoken in debate, the person calling such member to order shall repeat the words excepted to, and they shall be reduced to writing by the secretary; but no Senator shall be held to answer or be subject to censure of the Senate therefor if further debate or other business has intervened after the words spoken and before exception to them shall have been made.

(e)    Any Senator shall have the right to protest or remonstrate against any action of the Senate, and such protest or remonstrance, with the reasons therefor, if reduced to writing, shall without alteration or delay be, with the consent of the Senate, entered in the journal if the protest or remonstrance is not personal in its nature.


Rules of the Senate

17.  Voting

(a)    All votes shall be taken viva voce, except as otherwise provided in these rules.  If the President is in doubt as to the result of any vote, or if a division is called for by any Senator, the Senators shall divide and those in the affirmative shall first rise and be counted, then those in the negative; and if still in doubt, the President shall direct that the roll be called.

(b)    The vote shall be by ayes and noes and entered in the journal:

    (1)    Upon the final passage of a bill or of a concurrent resolution.

    (2)    Upon consideration of amendments to Senate bills or concurrent resolutions made by the House of Representatives.
 
    (3)    Upon consideration of reports of conference committees.

    (4)    On any question at the desire of any Senator.

    (5)    Upon consideration and confirmation of appointments made by the Governor.

    (6)    Upon the final passage of a resolution, memorial, joint resolution, or joint memorial.

    (7)    Upon consideration of amendments to Senate joint resolutions or Senate joint memorials made by the House of Representatives.

(c)    Any Senator having a personal or private interest in any question or bill pending, shall disclose such fact to the Senate and shall not vote thereon, and if the vote be by ayes and noes, such fact shall be entered in the journal.

(c.5)    A Senator is not now compelled nor shall a Senator be compelled by a majority of a political caucus to cast a vote for or against any legislative measure or to sustain a Governor's veto.

(d)    Every Senator present, when the question is put, shall vote, unless excused by the Senate, for special reasons, or because of a personal or private interest in the matter.  A request to be excused from voting shall be determined without debate by the President.  Any Senator present and not excused from voting who refuses to vote on any question, if the vote be by ayes and noes, shall be noted in the journal as "present but refusing to vote."

(e)    Any Senator has the right to demand the ayes and noes upon any question and upon such demand, the President shall direct the reading clerk to call the names of Senators in their alphabetical order, and before the result is declared, the reading clerk shall read over the names of those voting in the affirmative, and those voting in the negative.  After the alphabetical roll call of the ayes and noes has commenced, no debate on the measure before the Senate shall ensue, except that any Senator may be allowed one minute to explain a vote at the time it is recorded. No Senator shall be permitted to vote, under any circumstances, after the decision on the voting has been announced by the chair.

(f)    Any matter may be passed by a majority vote of a quorum except:

    (1)    Any bill on second or on third reading shall require 18 votes for passage, except as provided in (8).

    (2)    Any simple or joint resolution or memorial shall require 18 votes.

    (3)    Concurrent resolutions on second reading, which propose amendments to the state constitution or recommend the calling of a constitutional convention, shall require 18 votes for passage. However, on third reading such concurrent resolutions shall require 24 votes for passage.

    (4)    Concurrent resolutions that ratify proposed amendments to the United States Constitution shall require 18 votes for passage on both second and third readings.

    (5)    A motion to adjourn sine die shall require 18 votes.

    (6)    To suspend the rules shall require 24 votes, except upon three days' notice, in which event 18 votes shall be required.

    (7)    The confirmation of Governor's appointments shall require 18 votes for confirmation.

    (8)    Bills to increase or diminish the number of district judges or increase or diminish the number of judicial districts shall require 18 votes for passage on second reading and 24 votes for passage upon third reading.

    (9)    To reconsider any action of the Senate shall require 18 votes for passage.  To recall from the House anything acted upon by the Senate shall require 18 votes for passage.

    (10)    Passage on third or final reading of any measure, following concurrence in House amendments, shall require the same number of votes as is required on third reading for the original instrument for passage.

    (11)    Overriding Governor's veto shall require 24 votes for passage.

    (12)    Adoption by the Senate of the report of a committee of the whole and the adoption of any amendment to the report of a committee of the whole which amendment in effect shows that a bill or concurrent resolution did pass shall require 18 votes showing passage of such bill or concurrent resolution.

    (13)    To make a bill or other measure a special order shall require 24 votes.

    (14)    To amend or repeal rules requires 18 votes if three days' prior notice is given; without such notice, 24 votes are required.

    (15)    To amend any bill on third reading shall require the consent of a majority of all members elected.

    (16)    To amend any bill on third reading shall require 18 votes.


Rules of the Senate

41.  Ethics

(a)    Definitions.  As used in this rule, unless the context otherwise requires:

    (1)    "Close economic associate" or "close economic association" means the Senator's employer, client, employee, or partner or associate in business or professional activities; enterprises of which a Senator is a director or officer; corporations in which a Senator owns more than ten percent of the outstanding capital stock; an enterprise which is the Senator's significant unsecured creditor or of which the Senator is a significant creditor; or a trust of which the Senator is a beneficiary.  It does not mean a bank or savings and loan association in which the Senator's interest is in the form of an account; nor an officership, directorship, or employment in a political, religious, charitable, or educational entity which returns compensation to the Senator of less than one thousand dollars per year.

    (2)    "Close relative" means the spouse of the Senator and the following natural, adoptive, and adopted members of the Senator's or spouse's family:  Mother, father, children, brothers, and sisters.

    (3)    "Enterprise" means corporation, partnership, proprietorship, association, or other legal entity (other than an estate or trust) engaged in business for profit.

    (4)    "Lobbyist" means any person defined as such in the Joint Rules of the Senate and House of Representatives.

    (5)    "Person" and "another" means an individual, partnership, association, corporation, or other legal entity.

    (6)    "State agency" means every department, commission, board, division, office, council, or other agency created as part of the state government pursuant to law and supported by state moneys.

(a.5)    Legislative ethics and official conduct.  Legislative office is a trust to be performed with integrity in the public interest.  A member is to be respectful of the confidence placed in that member by the other members of the Senate and by the people of the state of Colorado.  A member shall respect and comply with the law and shall perform his or her legislative duties at all times in a manner that promotes public confidence in the integrity and independence of the Senate and of the General Assembly.  By personal example and by admonition to colleagues whose behavior may threaten the honor and integrity of the lawmaking body, the member shall watchfully guard the responsibilities of the public office and the responsibilities and duties placed on the member by the Senate.  To this end, each member shall be accountable to the Senate for violations of the Rules of the Senate, the Joint Rules of the Senate and the House of Representatives, the Constitution of the state of Colorado, or any provision of the code of ethics set forth in article 18 of title 24, Colorado Revised Statutes.

(b)    Conflicts of interest ─ personal or private interests versus public interest ─ definition.  (1)  Subject to article V, section 43, of the state constitution, a Senator has the right to vote upon all questions before the Senate and to participate in the business of the Senate and its committees, and, in so doing, is presumed to act in good faith and in the public interest.  When a personal interest conflicts with the public interest and tends to affect the Senator's independence of judgment, legislative activities are subject to limitations.  Where any such conflict exists, it disqualifies the Senator from voting upon any question and from attempting to influence any legislation to which it relates.

    (2)    A question arises as to whether a personal or private interest tends to affect a Senator's independence of judgment if the Senator:

        (A)    Has or acquires a substantial economic interest by reason of the Senator's personal situation, distinct from that held generally by members of the same occupation, profession, or business, in a measure proposed or pending before the General Assembly; or has a close relative or close economic associate with such an interest.

        (B)    Has or acquires a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises.

        (C)    Has or acquires a close economic association with, or is a close relative of, a person who has a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises.

        (D)    Has or acquires a close economic association with, or is a close relative of, a person who is a lobbyist or who employs or has employed a lobbyist to propose legislation or to influence proposed legislation on which the Senator has or may be expected to vote.

        (E)    Accepts a gift, loan, service, or economic opportunity of significant value from a person who would be affected by or who has an interest in an enterprise which would be affected by proposed legislation. This provision shall likewise apply where such gift, loan, service, or opportunity is accepted by a close relative of the Senator.  It shall not normally apply in the following cases:  A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of this state to engage in the business of making loans; an occasional nonpecuniary gift, insignificant in value; a nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; or payment of or reimbursement for actual and necessary expenditures for travel and subsistence for personal attendance at a convention or other meeting at which the Senator is scheduled to participate and for which attendance no reimbursement is made by the state of Colorado.

(c)    Undue influence ─ definition.  (1) A Senator, by reason of his or her office, is or may be in a position to bring undue influence on other legislators, public officials, or private persons.  To use this potential for economic or private gain is an abuse of office and a matter of concern to the Senate, whether or not the act is also punishable under the criminal laws.

    (2)    The following limitations shall apply to legislative conduct and violations are declared to constitute undue influence:

        (A)    A Senator shall not use his or her public position, intentionally or otherwise, to obtain or attempt to obtain any confidential information or special advantage or a decision from a public body on a matter unrelated to his or her senatorial duties in which he or she has a financial interest for himself or herself, a close relative, or a close economic associate.

        (B)    A Senator shall not sell goods or services to a state agency in a transaction not governed by the laws relating to public purchasing by competitive bidding, or intercede for or represent another in so doing; nor shall the Senator in any way be interested in any contract to furnish supplies, printing, repairs, or furnishings to the General Assembly or any other state agency, contrary to section 29 of article V of the state constitution.

        (C)    A Senator shall not solicit, receive, offer, or give any bribe, contrary to the state constitution and the provisions of sections 18-8-302 to 18-8-308, 18-8-401, 18-8-402, 18-8-404, 18-8-405, and 18-8-407, C.R.S.; nor shall the member accept or give any compensation, gratuity, or reimbursement for voting upon any question or for attempting to influence legislation.

        (D)    A Senator shall not vote or offer to vote in consideration of the vote of another member, contrary to the provisions of section 40 of article V of the state constitution.

        (E)    A Senator shall not attempt to influence any public official by deceit or threat, contrary to section 7 of article XII of the state constitution and section 18-8-306, C.R.S. 1973.

(d)    When Senator permitted to vote.  Nothing in this rule shall be construed as prohibiting a Senator from voting for a bill or other measure whose passage would adversely affect the Senator's personal or private interest or from voting against a bill or other measure whose defeat would adversely affect the Senator's personal or private interest; and nothing in this rule shall be construed to prevent a Senator from voting on the report of the committee of the whole, unless such vote is conducted solely on the bill or measure in which that personal or private interest exists.

(e)    Applicability of rule.  The provisions of this rule shall not apply as the basis for the recall of any measure by either house nor otherwise constitute the basis to contest the validity of any legislative action on any bill or other measure on which a vote was cast by any member of the Senate in violation of this rule.

(f)    Legislators not to request donations to charitable organizations.  A legislator shall not request a lobbyist or an employee of the General Assembly to make donations to any type of charitable organization.

(g)    Advisory opinions.

    (1)    A Senator contemplating a possible ethics dilemma that relates to the Senator's past, current, or anticipated conduct and the provisions of article 18 of title 24, Colorado Revised Statutes, is encouraged to seek, at his or her discretion, an advisory opinion from the board of ethics created pursuant to section 24-18-113, Colorado Revised Statutes, with respect to the standards of conduct of the Senate on the general propriety of past, current, or anticipated conduct of that Senator.

    (2)    With appropriate redactions to ensure the privacy of the members and other individuals concerned, the Senate shall annually publish and continuously maintain a cumulative compilation of the advisory opinions rendered by the board of ethics, making such publication available for the guidance of Senators, to the extent that such opinions are made known and made available.

(h)    Ethics training.  Commencing January 1, 2007, each Senator is encouraged to, at least once every two years during the course of his or her term in the Senate:

    (1)    Attend a legislative ethics training program offered by the Office of Legislative Legal Services as part of new member orientation or attend such other legislative ethics training program as may from time to time be offered by said Office;

    (2)    Participate in a legislative ethics training program or workshop sponsored by a nationally recognized legislative organization with knowledge, expertise, and experience in legislative ethics issues; or

    (3)    Successfully complete an on-line legislative ethics training course or tutorial.


Rules of the Senate

43.  Committee on Ethics

(a)    Any person who has knowledge concerning misconduct involving legislative duties by a member of the Senate, including but not limited to the alleged violation of the Rules of the Senate or of Section 40 of Article V of the state Constitution, may file a written, signed complaint with the President setting forth the facts that constitute the alleged misconduct and specifying the statutes, rules, constitutional provisions, or other ethical principles alleged to have been violated.  The President shall provide the member complained against with a copy of the complaint.  The President shall consult with the majority leader and the minority leader about the complaint.  The fact that a complaint has been filed and any documents relating thereto shall be kept confidential by the President, the majority leader, and the minority leader.  If at least two of the three leaders conclude that the complaint is not meritorious or does not substantiate an ethical violation, the complaint shall be dismissed, and the complainant and the member complained against shall be so notified.  If the complaint is dismissed, it shall remain confidential.

(b)    If the complaint is not dismissed pursuant to subsection (a) of this rule, a committee on ethics shall be appointed, which shall consist of not less than five nor more than seven members.  The party representation on the committee shall be in proportion generally to the relative number of members of the two major political parties in the Senate.  The majority party members of the committee shall be appointed by the President from among the chairmen of committees of reference of the Senate.  The minority party members of the committee shall be appointed by the minority leader from among the members of the Senate who are senior in service and experience.  The President shall designate the chairman and vice-chairman of the committee from among its members.

(c)    The person complained against may submit a written answer to the committee within ten days after appointment of the committee. The committee shall make a preliminary investigation of the complaint.  The preliminary investigation shall consist of an examination of the complaint, the answer, if any, and any other evidence compiled pursuant to the request of the committee, but the committee shall not receive testimony or other evidence from other sources.  The preliminary investigation shall be completed within thirty days after appointment of the committee.  If, after the preliminary investigation, the committee determines no violation has occurred, the complaint shall be dismissed.

(d)    If, after the preliminary investigation, the committee determines probable cause exists to find that a violation may have occurred, it shall so notify the person complained against.  Within seven days after such notification, such person may request a hearing before the committee, at which he or she shall be entitled to appear, present evidence, cross-examine witnesses, and be represented by counsel.  The committee shall have the power to take testimony under oath and to issue subpoenas and subpoenas duces tecum in the manner provided by Joint Rule No. 33 (b), (c), and (d) of the Joint Rules of the Senate and House of Representatives.  The hearing shall commence within fourteen days after receipt of the request for a hearing.

(e)    All proceedings of the committee shall be governed by the provisions of part 4 of article 6 and part 2 of article 72 of title 24, Colorado Revised Statutes.

(f)    After a hearing held pursuant to subsection (d) of this rule, the committee may dismiss the complaint, or, if it finds that action should be taken against the member complained against, it shall make appropriate recommendations to the Senate, including reprimand, censure, or expulsion.  Pursuant to the authority vested in the Senate by Section 12 of Article V of the state Constitution, the Senate may expel the member in question by an affirmative vote of no fewer than two-thirds of the members elected to the Senate, or the Senate may reprimand, censure, or otherwise punish the member by an affirmative vote of a majority of the members elected to the Senate.

(g)    Action of the leadership, the ethics committee, or the Senate pursuant to this rule is final and not subject to court review.  Nothing in this rule shall prohibit the Senate from taking any action based upon its authority to judge the qualifications of its members pursuant to Section 10 of Article V of the state Constitution.

(h)    The committee may retain such counsel and may hire such investigators as it deems necessary for the performance of its duties under this rule. All expenditures incurred pursuant to this subsection (h) shall be approved by the President and paid by vouchers and warrants drawn as provided by law from appropriations made to the General Assembly.

(i)    The committee may adopt rules of procedure for the orderly conduct of its meetings, investigations, and hearings, which rules shall be consistent with this rule and other applicable rules and statutes.

(j)    If the complaint concerns misconduct of the President, then the duties of the President in this rule shall be the duties of the majority floor leader and the duties of the majority floor leader shall be the duties of the assistant majority leader.  If the complaint concerns misconduct of the majority floor leader or the minority leader, then the duties of such leader in this rule shall be the duties of the assistant majority leader or the assistant minority leader, as the case may be.


Joint Rules of the House of Representatives and Senate

42.  Member Interest in Bills - Voting

(a)    For purposes of section 43 of article V of the state constitution, House Rule No. 21 (c), and Senate Rule No. 17 (c):

    (1)    A member of the General Assembly shall be considered to have a personal, private, or financial interest in a pending bill, measure, or question if the passage or failure of such bill, measure, or question will result in the member deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the member's profession, occupation, industry, or region.

    (2)    A member shall not be deemed to have a personal, private, or financial interest in a pending bill, measure, or question where such interest arises from a bill, measure, or question that affects the entire membership of a class to which the member belongs;  except that, where such an interest arises, nothing in this paragraph (2) shall be construed as prohibiting a member from disclosing such interest and not voting on the bill, measure, or question.


Employee Policies For The Colorado House Of Representatives And Senate

The Colorado Senate Policies and Procedures on Computers, the Internet, and Email specify that "[u]nder no circumstances shall any equipment, supplies, and similar items, including internet access accounts, owned by the General Assembly be used for private business purposes, political purposes of a partisan nature, campaign purposes or for personal gain for a member of the General Assembly."

The Colorado House of Representatives' General Personnel Policies state that "[u]nder no circumstances shall equipment, supplies, or other similar items, including Internet access accounts, equipment, and software, which is the property of the Colorado General Assembly, be used for private business purposes, for political purposes of a partisan nature, for campaign purposes, or for personal gain of a legislative member or staff of the General Assembly."

The House policy on the Improper Use of State Equipment/Resources further states that "[i]t is improper and unethical to use state equipment and state services, such as offices, telephones, copiers, fax machines, computers, postage, supplies, and staff time for campaign or personal purposes.  Use of state equipment for these purposes holds potential civil and criminal liability." 



Last updated: 07 NOV 2012


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