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BOARD00489
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Last modified
8/16/2009 2:51:01 PM
Creation date
10/4/2006 6:39:17 AM
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Template:
Board Meetings
Board Meeting Date
7/24/2000
Description
Impacts of Initiative 205 on Water Districts
Board Meetings - Doc Type
Memo
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<br />. <br />, <br /> <br />.. <br /> <br />(C) Nothing in this subsection (1) shall be construed as prohibiting a member or A <br />an employee of an agency, department, board, division, bureau, commission, or council of the .., <br />state or any political subdivision thereof from expending personal funds, making contributions, <br />or using personal time to urge electors to vote in favor of or against any issue described in <br />subparagraph (I) of paragraph (a) of this subsection. <br /> <br />(2) The provisions of subsection (1) of this section shall not apply 10: <br /> <br />(a) An official residence furnished or paid for by the state or a political <br /> <br />subdivision; <br /> <br />(b) Security officers who are required to accompany a candidate or the <br />candidate's family; <br /> <br />(c) Publicly owned motor vehicles provided for the use of the chief executive of <br />the state or a political subdivision; <br /> <br />(d) Publicly owned aircraft provided for the use of the chief executive of the state <br />or of a political subdivision or the executive's family for security purposes; except that, if such <br />use is, in whole or in part, for campaign purposes, the expenses relating to the campaign shall be <br />reported and reimbursed pursuant to subsection (3) of this section. <br /> <br />(3) If any candidate who is also an incumbent inadvertently or unavoidably <br />makes any expenditure which involves campaign expenses and official expenses, such <br />expenditures shall be deemed a campaign expense only, unless the candidate, not more than ten <br />working days after the such expenditure, files with the appropriate officer such information as <br />the secretary of state may by rule require in order to differentiate between campaign expenses A <br />and official expenses. Such information shall be set forth on a form provided by the appropriate .., <br />officer. In the event that public moneys have been expended for campaign expenses and for <br />official expenses, the candidate shall reimburse the state or political subdivision for the amount <br />of money spent on campaign expenses. <br /> <br />Source: Initiative 96: Entire article R&RE, effective upon proclamation of the Governor, January <br />15,1997. <br /> <br />Annotator's note. Since ~ 1-45-117 is similar to ~ 1-45-116 as it existed prior to the 1997 repeal <br />and reenactment of this article, relevant cases construing that provision have been included in the <br />annotations to this section. <br /> <br />Moneys in fund administered by the Colorado compensation insurance authority that consisted <br />primarily of premiums paid into the fund by employers constituted "public moneys" for purposes of this <br />section. Denver Area Labor Fed'n v. Buckley, 924 P.2d 524 (Colo. 1996). <br /> <br />While the term "public moneys" is not defined, the all-inclusive language "from any source" <br />indicates that the general assembly intended an expansive definition of the phrase. Thus, the term "public <br />moneys" may not be construed to refer only to slims realized from the imposition of taxes. Denver Area <br />Labor Fed'n v. Buckley, 924 P.2d 524 (Colo. 1996). <br /> <br />Although moneys collected by the political subdivision were not derived from state-imposed <br />sales, use, property, or income taxes, those moneys may be spent by the political subdivision only for <br />authorized public purposes. The general assembly has in essence declared that the expenditure of moneys <br />in the fund for purposes prohibited by this section are not authorized expenditures for public purposes. <br />Denver Area Labor Fed'n v. Buckley, 924 P.2d 524 (Colo. 1996). <br /> <br />e <br />
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