8 Colo. Code Regs. § 1505-8-2

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-8-2 - Professional Lobbyists

2.1 Registration

2.1.1 A professional lobbyist must register electronically via the Secretary of State's website before lobbying. The statement must contain:

(a) The professional lobbyist's full name, business address, and business telephone number;

(b) The name, address, and telephone number of the lobbying firm or any other person or entity that employs the professional lobbyist;

(c) The name, address, and telephone number of all clients that engage the professional lobbyist;

(d) The name, address, and telephone number of any other professional lobbyist for whom the professional lobbyist is lobbying on a subcontract basis.

2.1.2 The fee for filing a professional lobbyist registration statement is $40.00.

(a) Upon request, the Secretary of State may waive the registration fee for a professional lobbyist who is lobbying for a nonprofit organization if the professional lobbyist's only compensation is from the nonprofit organization. To receive a waiver, the professional lobbyist must submit a written request to the Secretary of State along with a copy of the nonprofit organization's most recent IRS form 990, 990EZ, or 990-N showing gross annual revenue of $50,000 or less.

2.1.3 A professional lobbyist must file an updated registration statement on or before July 15 each year.

2.2 Exceptions to registration with the Secretary of State's office

2.2.1 Volunteer lobbyist

(a) A volunteer lobbyist, as defined in section 24-6-301(7), C.R.S., is not required to register with the Secretary of State, but must register with the general assembly.

2.2.2 Grass roots lobbying

(a) If an activity that could otherwise be considered lobbying is performed by an employee only once a year, and the employee is not paid solely to lobby, then that activity is not considered lobbying. This exclusion from lobbying covers "grassroots" lobbying by employees of an organization who contact members of the organization in response to a piece of legislation or rule.

2.3 Termination of registration

2.3.1 A professional lobbyist may terminate their registration at any time if the professional lobbyist:

(a) Will not lobby or receive lobbying income for the remainder of the fiscal year;

(b) Indicates on the next monthly disclosure statement that the professional lobbyist is terminating their professional lobbyist registration; and

(c) Files their annual disclosure statement required by section 24-6-302(3)(b), C.R.S.

2.4 Revocation of registration

2.4.1 The division will revoke a professional lobbyist's registration certificate if the lobbyist:

(a) Is convicted of violating any provision of Part 3 of Article 6 of Title 24, C.R.S.; or

(b) Has been suspended from lobbying by the general assembly.

2.4.2 The division may revoke a professional lobbyist's registration certificate under the provisions of section 24-6-305(2), C.R.S.

2.5 Monthly disclosure statements

2.5.1 A professional lobbyist must file a monthly disclosure statement electronically via the Secretary of State's website on or before the 15th day of the month following the month in which the professional lobbyist began lobbying, and monthly thereafter. The statement must contain:

(a) The name and address of each client or other professional lobbyist who contributed $100 or more to the professional lobbyist for lobbying, and the amount paid by the client or other professional lobbyist since the previous disclosure statement;

(1) If the client or other professional lobbyist is an individual, the statement must include a description of the individual's business.

(2) If the client or other professional lobbyist is a business entity, the statement must include a description of the entity's business, and the names of any chief executive officer, partners, or other designated contact person.

(3) If the client or other professional lobbyist is an industry, trade, organization or group of persons, or professional association, the statement must include a description of the industry, trade, organization or group of persons, or professional association.

(b) The total sum of contributions the professional lobbyist received for lobbying activities since the previous disclosure statement and during the fiscal year;

(c) The legislation, standards, rules, or rates, about which the professional lobbyist is lobbying, including:

(1) The official number or other designation of each legislative bill, standard, rule, or rate, if available. If a number or designation is not available, the lobbyist must describe the nature and subject matter of the legislation, standards, rules or rates;

(2) The title or subject matter of the activity mentioned above; and

(3) Whether the lobbyist is supporting, opposing, amending, or monitoring the activity mentioned above, including all up-to-date and current positions.

(d) If the professional lobbyist has made an expenditure that exceeds the current dollar gift limit, as established by the Independent Ethics Commission and posted on the Secretary of State website, on behalf of a covered official for gift or entertainment purposes, whether or not the professional lobbyist was reimbursed, and:

(1) The name of the covered official; and

(2) The amount, date, and principal purpose of the gift or entertainment;

(e) The total amount of expenditures made by or on behalf of the professional lobbyist in connection with lobbying, other than for gift or entertainment purposes;

(f) If the professional lobbyist has made an expenditure or given a contribution to a paper, periodical, magazine, radio or TV station, or other media of mass communication:

(1) The name of the entity; and

(2) The amount given to the entity

(g) Any direct business association the professional lobbyist has with any pending legislation, measure, or question.

2.6 Annual cumulative disclosure statement

2.6.1 A professional lobbyist must file an annual disclosure statement for the entire fiscal year no later than July 15. The annual disclosure statement must include:

(a) The name of the client or other professional lobbyist for whom the professional lobbyist is lobbying;

(b) The total gross income the professional lobbyist has received from each client or other professional lobbyist; and

(c) If a subcontract relationship exists between two professional lobbyists, both lobbyists must disclose the amount of money paid and received on the annual disclosure statement.

2.7 New client disclosure

2.7.1 New client not during session

(a) When a professional lobbyist enters into a new oral or written agreement with a client or other professional lobbyist for lobbying, while the general assembly is not in session, the professional lobbyist must notify the Secretary of State by updating their registration statement within five business days of the oral or written agreement to lobby.

2.7.2 New client during session

(a) If a professional lobbyist enters into a new oral or written agreement with a client or other professional lobbyist for lobbying while the general assembly is in session, the professional lobbyist must notify the Secretary of State by updating their registration statement within 24 hours in accordance with section 24-6-302(6)(a), C.R.S. The professional lobbyist must update their registration by providing:

(1) The name of the client;

(2) The address of the client; and

(3) A summary of the terms of the agreement including:

(A) The client's contact information;

(B) The date the lobbyist was hired;

(C) The date the lobbyist's employment will end, if known; and

(D) If the client is a business:

(i) The organization's name;

(ii) The business type;

(iii) The industry/trade type; and

(iv) The names of the entity's chief executive officer or partners.

2.8 Additional required disclosure during session

2.8.1 Lobbying disclosure during session for new client

(a) If a professional lobbyist agrees to lobby for a new client or other professional lobbyist during session, the professional lobbyist must disclose:

(1) The identity of the new client or other professional lobbyist in accordance with Rule 2.7.2 within 24 hours; and

(2) The legislation, standards, rules, or rates, on which the professional lobbyist is lobbying for that client or other professional lobbyist, in accordance with Rule 2.5.1(c), within 72 hours.

2.8.2 Lobbying disclosure during session for existing client or other professional lobbyist

(a) New legislation, standards, rules, or rates.

(1) If a professional lobbyist agrees to lobby for an existing client during session in connection with new legislation, standards, rules, or rates, the professional lobbyist must disclose the lobbying activity, in accordance with Rule 2.5.1(c), within 72 hours.

(2) New legislation includes an engagement to lobby for an existing client on lobbying activities that were not previously disclosed.

(b) Change of position on legislation, standards, rules, or rates

(1) If a professional lobbyist takes a new position on legislation, standards, rules, or rates for an existing client during session, the professional lobbyist must disclose the position change, in accordance with Rule 2.5.1(c), within 72 hours.

2.8.3 Disclosures made in accordance with this Rule 2.8 are proper when the professional lobbyist uploads the new legislation, change of position, or other lobbying activity to the electronic filing system.

8 CCR 1505-8-2

41 CR 11, June 10, 2018, effective 6/30/2018

43 CR 01, January 10, 2020, effective 1/30/2020

44 CR 12, June 25, 2021, effective 7/30/2021