§ 24-6-303.5 — Lobbying by state officials and employees

Colorado § 24-6-303.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Colorado Sunshine Law

Text

(1) (a) Each
principal department of state government, as defined in section 24-1-110, shall
designate one person who shall be responsible for any lobbying of the type defined
in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III) by a state official or employee on behalf
of said principal department. All designated persons from the principal
departments, as well as any person lobbying, as defined in section 24-6-301
(3.5)(a)(I) or (3.5)(a)(III), on behalf of an institution or governing board of higher
education, shall register with the secretary of state by filing a written statement on
or before January 15 of each year. Such registration statement shall be on a form
prescribed by the secretary of state and shall include the following:

(I) The designated person's full legal name, principal department address,
and business telephone number;

(II) The name of any state official or employee who is lobbying on behalf of
the principal department, the name of such person's division or unit within the
principal department, his classification or job title, and the address and telephone
number of his division or unit.

(b) Copies of the original documents filed with the secretary of state shall be
filed with the governor's office, the secretary of the senate, and the chief clerk of
the house of representatives.

(c) Any amendments to the original registration statement shall be filed with
the secretary of state within seven days of the pertinent change.

(2) (a) In addition to the registration statement filed pursuant to subsection
(1) of this section, the designated person, and any person lobbying on behalf of an
institution or governing board of higher education, shall file, monthly, a disclosure
statement with the secretary of state in accordance with this subsection (2). The
secretary of state shall prescribe the form for such disclosure statement, which
shall include:

(I) The legislation on which lobbying is being performed;

(II) Any expenditure of public funds used for lobbying and the amount
thereof;

(III) An estimate of the time spent on lobbying or preparation thereof by any
state official or employee named in the registration statement or any other
employee of the principal department.

(b) Disclosure statements shall be filed within fifteen days after the end of
the first calendar month and shall be filed within fifteen days after the end of each
subsequent month during the fiscal year.

(3) For purposes of this section, state official or employee means an
individual who is compensated by a state of Colorado warrant and receives state of
Colorado employee benefits except a lobbyist hired on a contract basis if he is
currently registered under sections 24-6-302 and 24-6-303 or a lobbyist who
registers as a professional lobbyist pursuant to sections 24-6-302 and 24-6-303.

(4) This section shall not apply to the following persons:

(a) Members of the public utilities commission, the industrial claim appeals
office, the state board of land commissioners, the office of the property tax
administrator, the state parole board, and the state personnel board;

(b) Members of any board or commission serving without compensation
except for per diem allowances provided by law and reimbursement of expenses;

(c) Members of the governor's cabinet and personal staff employees in the
offices of the governor and the lieutenant governor whose functions are confined to
such offices and who report directly to the governor or lieutenant governor;

(d) Appointees to fill vacancies in elective offices;

(e) One deputy of each elective officer other than the governor and
lieutenant governor specified in section 1 of article IV of the state constitution;

(f) Members, officers, and employees of the legislative branch;

(g) Members, officers, and employees of the judicial branch; specifically,
municipal, state, and federal judges and the state court administrator and his
designee; and

(h) Any state official or employee communicating with a covered official in
response to an inquiry of that covered official or when testifying before any
committee of the general assembly upon request of a committee member.

(5) Any person who engages in lobbying for a principal department but who
is not a state official or employee shall comply with the requirements of sections
24-6-302 and 24-6-303.

Legislative History

Source: L. 77: Entire section added, p. 1152, � 4, effective June 19. L. 79: (4)(a) amended, p. 1638, � 39, effective July 19. L. 87: Entire section R&RE, p. 924, � 4, effective July 3. L. 2010: IP(1)(a) and (2)(b) amended, (SB 10-087), ch. 407, p. 2014, � 4, effective June 10.