(1) (Deleted by amendment, L. 96, p. 1081, � 2, effective August 7, 1996.)
(2) Any person who makes expenditures for gifts or entertainment purposes
for the benefit of covered officials in the aggregate amount of two hundred dollars
in a state fiscal year shall file disclosure statements with the secretary of state in
accordance with this section. Such disclosure statements shall not include actual
and reasonable expenses incurred for personal needs, such as meals, travel,
lodging, and parking.
(2.5) (a) A professional lobbyist and any lobbying firm shall file a monthly
disclosure statement with the secretary of state no later than the fifteenth day
after the end of the first calendar month, and each subsequent month, in which the
lobbyist received any income or made any expenditures for lobbying. In the case of
a single-member lobbying firm, if a disclosure statement includes the name of the
professional lobbyist and the name of a lobbying firm that solely employs the
lobbyist, a single disclosure statement may be filed with the secretary of state on
behalf of both the professional lobbyist and the lobbying firm.
(b) No disclosure statement shall be required of a person who is described in
a disclosure statement of a professional lobbyist pursuant to paragraph (a) of this
subsection (2.5).
(c) Nothing in this subsection (2.5) shall be construed to require a
professional lobbyist or a firm organized for professional lobbying purposes that is
engaged in lobbying for a trade association, public interest group, or governmental
organization to include in the disclosure statement of such lobbyist or firm any
dues, assessments, or fees collected by such association, group, or organization for
lobbying purposes.
(3) (a) (Deleted by amendment, L. 2014.)
(b) In addition to the monthly disclosure statement, a professional lobbyist
shall file with the secretary of state an annual disclosure statement for the entire
fiscal year no later than July 15 that covers the immediately preceding fiscal year.
The annual disclosure statement must contain the name of and total gross income
for lobbying received from each client or other professional lobbyist for whom the
lobbyist lobbied during the previous fiscal year. If a professional lobbyist receives
business from another professional lobbyist on a subcontract basis, the lobbyist
receiving such business shall describe in an annual disclosure statement the total
gross income received from the professional lobbyist under the subcontract who is
contemporaneously reporting the subcontracting business on his or her annual
disclosure statement.
(4) If a professional lobbyist determines at any time during a fiscal year that
he or she will not lobby or receive lobbying income for the remainder of the fiscal
year, the lobbyist may file an annual disclosure statement at such time, and
thereafter need not file subsequent monthly disclosure statements until he or she
resumes lobbying.
(5) This section shall not apply to any political committee, volunteer lobbyist,
citizen who lobbies on his or her own behalf, state official or employee acting in his
or her official capacity, except as provided in section 24-6-303.5, or elected public
official acting in his or her official capacity.
(6) (a) During the period that the general assembly is not in regular or special
session, a professional lobbyist shall notify the secretary of state in writing within
five business days after an oral or written agreement to engage in lobbying for any
person or client not disclosed in the registration statement filed pursuant to section
24-6-303 (1). During the period that the general assembly is in regular or special
session, a professional lobbyist shall notify the secretary of state after an
agreement to engage in lobbying for any person or client not disclosed in the
registration statement filed pursuant to section 24-6-303 (1), either by means of the
electronic filing system created in section 24-6-303 (6.3) or by facsimile
transmission in accordance with the following:
(I) In the case of a written agreement to engage the lobbyist, disclosure shall
be made within twenty-four hours after the date of the agreement; and
(II) In the case of an oral agreement to engage the lobbyist, the disclosure
shall be made within twenty-four hours after the date of a subsequent written
agreement between the parties, the commencing of lobbying activities, or the date
the lobbyist receives any payment on the agreement, whichever occurs first.
(b) A professional lobbyist who provides the notification under paragraph (a)
of this subsection (6) shall file, concurrently with the next disclosure statement due
after such notification, a signed written statement that contains:
(I) The name and address of the person described in such notification; and
(II) A summary of the terms related to lobbying under the agreement
between such person and the professional lobbyist. A professional lobbyist shall
also update his or her registration within twenty-four hours if he or she agrees to
lobby for a client or other lobbyist on a subcontract basis who is not disclosed in the
lobbyist's original registration statement.
(6.5) (a) In addition to any other disclosure required by this part 3, during the
period that the general assembly is in regular or special session, a professional
lobbyist shall notify the secretary of state by means of the electronic filing system
created in section 24-6-303 (6.3) within seventy-two hours after:
(I) The lobbyist agrees to undertake lobbying in connection with new
legislation, standards, rules, or rates for either a new or existing client of the
lobbyist; or
(II) The lobbyist takes a new position on a new or existing bill for a new or
existing client of the lobbyist.
(b) During the period that the general assembly is in regular or special
session, where the lobbyist agrees to undertake lobbying in connection with new or
existing legislation for either a new or existing client, the disclosure required by
subsection (6.5)(a) of this section includes the bill number of the legislation at issue
and whether the lobbyist's client is supporting, opposing, amending, or monitoring
the legislation at the time the lobbyist agrees to undertake lobbying in connection
with the legislation or takes a new position.
(7) In addition to the criminal penalty provided for in section 24-6-309 (1), the
secretary of state, after proper notification by certified mail, shall impose an
additional penalty of twenty dollars per day for each business day that a disclosure
statement required to be filed by this section is not filed by the close of the
business day on the day due up to and including the first ten business days on
which the disclosure statement has not been filed after the day due. For failure to
file a disclosure statement required to be filed by this section by the close of the
eleventh business day on which the disclosure statement has not been filed after
the day due, in addition to the criminal penalty provided for in section 24-6-309 (1),
the secretary of state shall impose an additional penalty of fifty dollars for each
day thereafter that a disclosure statement required to be filed by this section is not
filed by the close of the business day. The secretary of state may excuse the
payment of any penalty imposed by this subsection (7), or reduce the amount of any
penalty imposed, for bona fide personal emergencies. Revenues collected from
penalties assessed by the secretary of state shall be deposited in the department
of state cash fund created in section 24-21-104 (3).
(8) Notwithstanding any other provision of this part 3, an attorney who is
registered as a professional lobbyist is required to disclose information about the
clients for whom he or she lobbies in accordance with this part 3 to the same extent
as a professional lobbyist who is not an attorney. An attorney who is registered as a
professional lobbyist may not decline to disclose his or her lobbying as such
lobbying is required to be disclosed in accordance with this part 3 on the grounds
that the lobbying is protected against disclosure as confidential matters between
an attorney and a client.
(9) Notwithstanding any other provision of this part 3, in connection with any
requirement to disclose the identity of a client in this section or section 24-6-303,
client means, in accordance with section 24-6-301 (1), the name of the person who
employs or retains the professional services of a lobbyist, a lobbying firm, or any
other person or entity to undertake lobbying on its behalf. In connection with any
requirement in this section or section 24-6-303 to disclose the identity of a client, a
professional lobbyist who is a natural person and who is employed or retained by a
lobbying firm or any other firm or entity may disclose the name of the lobbying firm
or other person or entity by means of which, or under the name of which, a
professional lobbyist does business, but to satisfy such disclosure requirement the
lobbyist shall also disclose the name of the client who employs or retains the
professional services of the lobbyist, or a lobbying firm or any other person or entity
that employs or retains the lobbyist, to undertake lobbying on its behalf.