Ballot Title Setting Board
2007-2008

The title as designated and fixed by the Board is as follows:

An amendment to the Colorado Revised Statutes concerning liability for criminal conduct by business entities, and, in connection therewith, extending the criminal liability of a business entity to its executive officials for the entity’s failure to perform a specific duty imposed by law; conditioning an executive official’s liability upon his or her knowledge of the duty imposed by law and of the business entity’s failure to perform such duty; allowing a Colorado resident to bring a civil action against a business entity or executive official for such criminal conduct; allowing an award of compensatory or punitive damages in the civil action to the governmental entity that imposed the specific duty on the business entity; permitting an individual who brings a successful civil action to be awarded attorney fees and costs; and allowing an executive official who discloses to the attorney general all facts known to the official concerning a business's criminal conduct to use that disclosure as an affirmative defense to criminal or civil charges.

The ballot title and submission clause as designated and fixed by the Board is as follows:

Shall there be an amendment to the Colorado Revised Statutes concerning liability for criminal conduct by business entities, and, in connection therewith, extending the criminal liability of a business entity to its executive officials for the entity’s failure to perform a specific duty imposed by law; conditioning an executive official’s liability upon his or her knowledge of the duty imposed by law and of the business entity’s failure to perform such duty; allowing a Colorado resident to bring a civil action against a business entity or executive official for such criminal conduct; allowing an award of compensatory or punitive damages in the civil action to the governmental entity that imposed the specific duty on the business entity; permitting an individual who brings a successful civil action to be awarded attorney fees and costs; and allowing an executive official who discloses to the attorney general all facts known to the official concerning a business's criminal conduct to use that disclosure as an affirmative defense to criminal or civil charges?

Hearing March 19, 2008

Single subject approved; staff draft amended; titles set.
Hearing adjourned 2:13 PM.

Rehearing April 2, 2008

Motion for Rehearing granted in part to the extent Board amended titles; denied in all other respects.
Hearing adjourned 2:28 PM.

* Unofficially captioned "Criminal Conduct by Businesses - Liability" by legislative staff for tracking purposes. This caption is not part of the titles set by the Board.