Public official disclosure and reporting requirements - 3 of 25
Incorrect answer:
NO. Since you probably can't accept the gift under Amendment 41, there is no gift to accept and, therefore, to disclose under the Public Official Disclosure Law ("PODL") is INCORRECT.
It is always important for a member to be cognizant of the parallel requirements under Amendment 41 and state statutory provisions, such as section 24-6-203 (3.5), C.R.S., that restrict the acceptance of gifts by members. Members also need to be aware that one could never accept a gift under a statutory provision that is prohibited from being accepted under the constitutional requirements of Amendment 41. However, in this case the two different legal provisions appear to allow for the acceptance of the gift. The gift of the use of the condominium may be accepted under section 3 (3)(g) of Amendment 41 as a gift from an individual who is a friend or a relative of the legislator on a special occasion. Moreover, because the offer of the condominium stay is not given in connection with the member's public service, the member may accept it under section 24-6-203 (3.5), C.R.S., and, therefore, does not need to disclose it under section 24-6-203 (2), C.R.S.
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.