(1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not:
Disclose or use confidential information acquired in the course of his official dutiesin order to further substantially his personal financial interests; or
Accept a gift of substantial value or a substantial economic benefit tantamount to agift of substantial value:
Which would tend improperly to influence a reasonable person in his position todepart from the faithful and impartial discharge of his public duties; or
Which he knows or which a reasonable person in his position should know under thecircumstances is primarily for the purpose of rewarding him for official action he has taken.
(2) An economic benefit tantamount to a gift of substantial value includes without limitation:
A loan at a rate of interest substantially lower than the commercial rate then currentlyprevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services; or
The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the officer, member, official, or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally.
(3) The following are not gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section:
Campaign contributions and contributions in kind reported as required by section 1-
45-108, C.R.S.;
An unsolicited item of trivial value;
A gift with a fair market value of fifty-three dollars or less that is given to thepublic officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist.
An unsolicited token or award of appreciation as described in section 3 (3)(c) ofarticle XXIX of the state constitution;
Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee;
Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, factfinding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution;
Payment of or reimbursement for admission to, and the cost of food or beveragesconsumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution;
A gift given by an individual who is a relative or personal friend of the public officer,member of the general assembly, local government official, or employee on a special occasion.
Payment for speeches, appearances, or publications that may be accepted or receivedby the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d);
Payment of salary from employment, including other government employment, inaddition to that earned from being a member of the general assembly or by reason of service in other public office;
A component of the compensation paid or other incentive given to the public officer,member of the general assembly, local government official, or employee in the normal course of employment; and
Any other gift or thing of value a public officer, member of the general assembly,local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law.
The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply.
The amount of the gift limit specified in paragraph (b.5) of subsection (3) of thissection, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.
Source: L. 88: Entire article added, p. 901, § 1, effective July 1. L. 92: (3)(g) and (3)(h) amended, p. 874, § 103, effective January 1, 1993. L. 94: (3) amended and (4) added, p. 1827, § 4, effective January 1, 1995. L. 2012: (2) amended, (SB 12-146), ch. 93, p. 306, § 1, effective April 12; (3) amended and (5) added, (HB 12-1070), ch. 167, p. 584, § 4, effective August 8.