Background

Under Colorado constitutional and statutory provisions and provisions of various legislative rules (House Rule 21(c) and Senate Rules 17(c) and 41,), a member of the General Assembly who has a personal or financial interest in pending legislation is required to disclose the fact of that interest and may not vote on the legislation. Ethical principles set forth in statute, such as section 24-18-107, C.R.S., also provide guidance in matters of conflict of interest. An improper conflict of interest situation does not arise from legislation affecting the entire membership of a class. Joint Rule 42 specifies that a legislator shall be considered to have a personal, private, or financial interest in a pending bill, measure, or question if the passage or failure of the legislation will result in the legislator deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the legislator's profession, occupation, industry or region. Joint Rule 42 further provides that a legislator shall not be deemed to have such an interest in legislation where that interest arises from legislation affecting the entire membership of a class to which the legislator belongs.

Hypothetical

Legislator's membership in a group affected by legislation

You are the owner of several apartment buildings and other rental properties in your community. A bill has been introduced that would lengthen the period of time available to a tenant to pay past-due rent.

Question

May you vote on the legislation?

1. YES. But only if you vote "for" the bill. Since the bill favors tenants and you are a property owner, no one would think it improper for you to support the bill.
2. YES. Because the governing legal requirements specify that a conflict of interest situation does not arise from legislation affecting the entire membership of a class. Here, the relevant class is the entire group of rental property owners across the state. Because you are a member of this class, you do not have an improper conflict-of-interest situation and, accordingly, may vote on the legislation.
3. NO. Because landlords are so distrusted in the community, it would be better to abstain than to call public attention to your outside real estate interests.
4. NO. Existing law already affords tenants sufficient time within which to cure any default.

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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.