As used in this part 3, unless
the context otherwise requires:
(1) Client means the person who employs or retains the professional
services of one or more lobbyists to undertake lobbying on behalf of that person.
For the purposes of this part 3, a professional lobbyist is not a client of another
lobbyist for whom he or she undertakes lobbying on a subcontract basis nor is the
professional lobbyist a client of either a lobbying firm or any other person that
employs or retains one or more professional lobbyists to undertake lobbying on
behalf of one or more clients. Where the client is an organization or entity, nothing
in this subsection (1) requires the organization or entity to provide the names of any
of its shareholders, investors, business partners, coalition partners, members,
donors, or supporters, as applicable.
(1.3) Communication includes but is not limited to a transmittal of
information, data, ideas, opinions, or anything of a similar nature, either oral,
written, or by any other means, to a covered official.
(1.5) Contribution means a gift, subscription, loan, advance, or deposit of
money or anything of value and includes a contract, promise, or agreement,
whether or not legally enforceable, to make a contribution. Contribution also
includes the compensation and reimbursement for expenses of a person required to
file a disclosure statement under section 24-6-302.
(1.7) Covered official means:
(a) For the type of lobbying defined in subparagraphs (I), (II.5), and (III) of
paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant
governor, a member of the general assembly, or the director of research of the
legislative council of the general assembly or any member of legislative council
staff;
(b) For the type of lobbying defined in subparagraph (IV) of paragraph (a) of
subsection (3.5) of this section, a member of a rule-making board or commission or
a rule-making official of a state agency which has jurisdiction over the subject
matter of a rule, standard, or rate.
(1.9) (a) Disclosure statement means a written statement that contains:
(I) The name and address of each client or other professional lobbyist who
has made a contribution totaling one hundred dollars or more for lobbying and the
amount paid since the previous disclosure report;
(II) The total sum of the contributions made to or for the disclosing person
for lobbying since the last disclosure statement which are not stated under
subparagraph (I) of this paragraph (a);
(III) The total sum of all contributions made to or for the disclosing person for
lobbying since the last disclosure statement and during the fiscal year;
(IV) The name of the covered official to or for whom such expenditures of
more than fifty-three dollars have been made by or on behalf of the disclosing
person for gift or entertainment purposes in connection with lobbying or for whom
an expenditure was made by or on behalf of the disclosing person for a gift of a
meal at a fund-raising event of a political party described in section 1-45-105.5
(1)(c)(IV), C.R.S., during either the first six months or the second six months of a
state fiscal year and the amount, date, and principal purpose of the gift or
entertainment, if the covered official or a member of his or her family actually
received such gift or entertainment, but expenditures of one dollar or less shall be
reported under subparagraph (V) of this paragraph (a). All amounts that a
professional lobbyist spends on a covered official for which the lobbyist is
reimbursed, or the source of which is a contribution, shall be deemed to be for gift
or entertainment purposes.
(V) The total sum of all such expenditures made by or on behalf of the
disclosing person to covered officials for gift or entertainment purposes in
connection with lobbying since the last disclosure statement that are not stated
under subparagraph (IV) of this paragraph (a);
(VI) (Deleted by amendment, L. 96, p. 1081, � 1, effective August 7, 1996.)
(VII) The total sum of all expenditures made by or on behalf of the disclosing
person in connection with lobbying, other than gift and entertainment expenditures,
since the last disclosure statement which are not stated under subparagraph (VI) of
this paragraph (a);
(VIII) The total sum of all expenditures made by or on behalf of the disclosing
person in connection with lobbying since the last disclosure statement and during
the fiscal year;
(IX) A statement, which shall only be given by a professional lobbyist, which
contains the names of, and the amounts of any expenditures or contributions made
to, any papers, periodicals, magazines, radio or television stations, or other media of
mass communication to whom expenditures or contributions were made in which
the professional lobbyist or his employer or agent has caused to be published any
advertisements, articles, or editorials relating to lobbying; except that this
information is not required for regular or routine publications sent primarily to the
members of the professional lobbyist's organization, which publications contain
information relating to his lobbying;
(X) The nature of the legislation, standards, rules, or rates for which the
disclosing person is lobbying and, where known, the specific legislation, standards,
rules, or rates. In the case of specific legislation, the professional lobbyist shall
include the bill number of the legislation, and whether such lobbyist's client is
supporting, opposing, amending, or monitoring the legislation at the time of the
disclosure statement. The professional lobbyist shall specify that his or her
representation is accurate as of the date of disclosure only and that the
representation is not binding and is subject to change after the date and before the
time the next disclosure statement is due. If a professional lobbyist fails to show
any bill numbers or nature of the legislation, as applicable, such lobbyist shall
affirm that he or she was not retained in connection with any legislation. Nothing in
this subparagraph (X) requires any additional disclosure on the part of a lobbyist
before the next applicable reporting deadline pursuant to section 24-6-302 (3). For
purposes of this subparagraph (X), legislation means the process of making or
enacting law in written form in the form of codes, statutes, or rules. Nothing in this
subparagraph (X) requires a lobbyist to amend a previously filed disclosure
statement upon learning the bill number of a previously disclosed piece of
legislation.
(XI) If the client or professional lobbyist is an individual, the name and
address of the individual and a description of the business activity in which the
individual is engaged. If the client or professional lobbyist is a business entity, a
description of the business entity in which the client or lobbyist is engaged and the
name or names of the entity's chief executive officer, partners, or other designated
contact person, as applicable. If the client or lobbyist is an industry, trade,
organization or group of persons, or professional association, a description of the
industry, trade, organization or group of persons, or profession that the lobbyist
represents.
(XII) A statement detailing any direct business association of the disclosing
person in any pending legislation, measure, or question. For purposes of this
subparagraph (XII), a direct business association means that, in connection with a
pending bill, measure, or question, the passage or failure of the bill, measure, or
question will result in the disclosing person deriving a direct financial or pecuniary
benefit that is greater than any such benefit derived by or shared by other persons
in the disclosing person's profession, occupation, or industry. A disclosing person
shall not be deemed to have a direct personal relationship in a pending bill,
measure, or question where such interest arises from a bill, measure, or question
that affects the entire membership of a class to which the disclosing person
belongs.
(b) The secretary of state shall prescribe a form for disclosure statements,
which shall contain:
(I) A statement, which the disclosing person may adopt, if true, that no
change has occurred since the prior month's disclosure statement, in which case
the information required by paragraph (a) of this subsection (1.9) may be omitted;
(II) A statement, which the disclosing person may adopt, if true, that no
unreported contributions for lobbying are receivable and that no unreported
expenditures for lobbying will be made during the remainder of the fiscal year;
(III) A statement which the disclosing person shall sign indicating that the
information provided is correct and complete; but notarization of such statement
shall not be required. The disclosing person, in signing such statement, shall be
subject to section 18-8-503, C.R.S., concerning false statements made to a public
servant.
(c) Whenever a person required to file a disclosure statement under this part
3 solicits, collects, or receives contributions which are used for lobbying as well as
for other purposes, or makes an expenditure which is attributable to lobbying as
well as to other purposes, such contributions and expenditures shall be allocated
between lobbying and other purposes, and the disclosure statement shall contain
that portion allocated to lobbying.
(2) Expenditure means a payment, distribution, loan, advance, deposit, or
gift of money or anything of value and includes a contract, promise, or agreement,
whether or not legally enforceable, to make an expenditure.
(2.3) Fiscal year means the period commencing July 1 of a calendar year
and concluding June 30 of the following calendar year.
(2.5) Gross income for lobbying means the total amount received from a
client, including compensation for services, fees, and similar payments, before any
deductions are made, by a professional lobbyist for lobbying or by a lobbying firm.
(3) Repealed.
(3.5) (a) Lobbying means communicating directly, or soliciting others to
communicate, with a covered official for the purpose of aiding in or influencing:
(I) The drafting, introduction, sponsorship, consideration, debate,
amendment, passage, defeat, approval, or veto by any covered official on:
(A) Any bill, resolution, amendment, nomination, appointment, or report,
whether or not in writing, pending or proposed for consideration by either house of
the general assembly or committee thereof, whether or not the general assembly is
in session;
(B) Any other matter pending or proposed in writing by any covered official
for consideration by either house of the general assembly or a committee thereof,
whether or not the general assembly is in session;
(II) Repealed.
(II.5) The preparation of a fiscal summary or an initial fiscal impact statement
required by section 1-40-105.5;
(III) The convening of a special session of the general assembly or the
specification of business to be transacted at such special session;
(IV) The drafting, consideration, amendment, adoption, or defeat of any rule,
standard, or rate of any state agency having rule-making authority.
(b) Subject to the exclusions and provisions of this paragraph (b), for the
purpose of determining when contributions and expenditures become reportable in
disclosure statements, lobbying includes activities undertaken by the person
engaging in lobbying and persons acting at his request to prepare for lobbying
which in fact ultimately occurs, provided:
(I) No such reports shall be required for activities occurring prior to the
preceding fiscal year;
(II) Expenditures shall not be reported when such expenditures are incurred
by a person in the ordinary course of the business or affairs of such person and are
not made for lobbying. Such nonreportable expenditures will include, but not be
limited to, the keeping of books of account and the routine collection of statistics
and other data.
(c) Lobbying does not include communications made by a person in
response to a statute, rule, regulation, or order requiring such a communication.
(d) (I) Lobbying does not include communications by a person who appears
before a committee of the general assembly or a rule-making board or commission
solely as a result of an affirmative vote by the committee, board, or commission
issuing a mandatory order or subpoena commanding that the person appear and
testify, or making such a person a respondent in such a proceeding whether or not
the person is reimbursed by the committee, board, or commission for expenses
incurred in making such appearance.
(II) (Deleted by amendment, L. 2004, p. 431, � 1, effective August 4, 2004.)
(III) (A) Legislative declaration. The general assembly hereby declares its
support of the Colorado Sunshine Act of 1972 and the open process that it has
brought to the legislative process in Colorado. The general assembly's intent in
enacting this subparagraph (III) is to achieve a more uniform application of the
lobbying laws to witness testimony and to clarify the ability of the public to provide
testimony to the general assembly and to state agencies.
(B) Lobbying excludes persons who are not otherwise registered as
lobbyists and who limit their activities to appearances to give testimony or provide
information to committees of the general assembly or at public hearings of state
agencies or who give testimony or provide information at the request of public
officials or employees and who clearly identify themselves and the interest for
whom they are testifying or providing information.
(e) Lobbying does not include communications made by an attorney-at-law
when such communications are made on behalf of a client whose name has been
identified and when such communications constitute the practice of law subject to
control by the judicial branch of the state of Colorado.
(f) Lobbying does not include duties performed by employees of the
legislative department.
(3.6) Lobbying firm means a person or entity employing one or more
professional lobbyists to lobby on behalf of a client that is not the person or entity.
Lobbying firm includes a self-employed professional lobbyist.
(3.7) Lobbyist means either a professional or a volunteer lobbyist.
(4) Person means an individual, limited liability company, partnership,
committee, association, corporation, or any other organization or group of persons.
(5) Political committee means any committee, association, or organization
which accepts contributions or makes expenditures for the purpose of influencing
or attempting to influence the election of candidates or presidential and vice-presidential electors or any duly authorized committee or subcommittee of a
national, state, or local political party.
(5.5) Repealed.
(6) Professional lobbyist means a person, business entity, including a sole
proprietorship, or an employee of a client, who is compensated by a client or
another professional lobbyist for lobbying. Professional lobbyist does not include
any volunteer lobbyist, any state official or employee acting in his official capacity,
except as provided in section 24-6-303.5, any elected public official acting in his
official capacity, or any individual who appears as counsel or advisor in an
adjudicatory proceeding.
(7) Volunteer lobbyist means any individual who engages in lobbying and
whose only receipt of money or other thing of value consists of nothing more than
reimbursement for actual and reasonable expenses incurred for personal needs,
such as meals, travel, lodging, and parking, while engaged in lobbying or for actual
expenses incurred in informing the organization making the reimbursement or the
members thereof of his lobbying.