(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.
Source: Initiated 72. L. 73: p. 1662, � 1. C.R.S. 1963: � 3-37-302. L. 77: Entire section R&RE, p. 1150, � 2, effective June 19. L. 87: (5) amended, p. 923, � 2, effective July 3. L. 96: (1) and (3) amended and (2.5), (6), and (7) added, p. 1081, � 2, effective August 7. L. 2001: (2) amended, p. 1273, � 30, effective June 5; (3)(b), (6)(a), and (6)(b)(III) amended, p. 147, � 1, effective July 1. L. 2010: (2), (2.5), (3), (4), (5), IP(6)(a), IP(6)(b), (6)(b)(II), and (7) amended, (SB 10-087), ch. 407, p. 2011, � 2, effective June 10. L. 2012: (2) amended, (HB 12-1070), ch. 167, p. 584, � 3, effective August 8. L. 2014: (2.5)(a), (3), (4), and (6)(b) amended and (8) added, (SB 14-217), ch. 398, p. 2003, � 2, effective July 1, 2015. L. 2019: (6)(a) and (8) amended and (9) added, (HB 19-1248), ch. 232, p. 2320, � 3, effective May 20; (6.5) added, (HB 19-1248), ch. 232, p. 2320, � 3, effective January 1, 2020.
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.
24-6-303. Registration as professional lobbyist - filing of disclosure statements - certificate of registration - legislative declaration. (1) Before lobbying, a professional lobbyist shall file an electronic registration statement with the secretary of state that contains:
(a) His or her full legal name, business address, and business telephone number;
(b) The name, address, and telephone number of his or her employer, if applicable;
(c) The name, address, and telephone number of the client for whom he or she will be lobbying; and
(d) The name, address, and telephone number of any other professional lobbyist for whom he or she is lobbying on a subcontract basis.
(1.3) (a) At the time a professional lobbyist files a registration statement in accordance with subsection (1) of this section prior to engaging in lobbying, and each time such lobbyist files an updated registration statement in accordance with subsection (1.5) of this section, such individual shall pay a registration fee in an amount that shall be set by the secretary of state by rule promulgated in accordance with article 4 of this title and shall be set at a level that offsets the costs to the secretary of state of providing electronic access to information pursuant to section 24-6-304 (2), and in processing and maintaining the disclosure information required by this part 3. The secretary of state shall charge a reduced fee to a professional lobbyist that files his or her registration statement pursuant to paragraph (b) of subsection (6.3) of this section. The secretary of state may waive the fee of a professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. A volunteer lobbyist shall be exempt from the requirement to pay the registration fee mandated by this paragraph (a).
(b) All fees collected pursuant to the provisions of this subsection (1.3) shall be credited to the department of state cash fund created in section 24-21-104 (3)(b).
(1.5) A professional lobbyist shall file an updated registration statement on or before July 15 of each year unless at that time he or she is no longer a professional lobbyist. Registration under this subsection (1.5) shall be effective until July 1 of the next year.
(2) A professional lobbyist shall file disclosure statements as required by section 24-6-302.
(3) Consistent with the requirements of subsection (6.3) of this section, a hard copy of all registration statements and disclosure statements of professional lobbyists and lobbying firms must be compiled by the secretary of state within thirty days after the end of the calendar month for which such information is filed and shall be organized alphabetically according to the names of the lobbyists and firms.
(4) No individual shall act as a professional lobbyist unless he has received a certificate of registration as provided in section 24-6-305 (1).
(5) An individual shall not be considered a lobbyist solely because of his or her appearance as a witness in rule, standard, or rate-making proceedings.
(6) 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.
(6.3) (a) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a system that enables electronic filing of the reports required by this part 3 by utilizing the internet. Rules concerning the manner in which reports required by this part 3 may be filed electronically, including but not limited to the information to be contained in such reports, the procedure for amending such reports, and public access to the electronic filing system, shall be promulgated by the secretary of state in accordance with article 4 of this title.
(b) In addition to any other method of filing, any person subject to the filing requirements of this part 3 or his or her duly authorized agent may use the electronic filing system described in paragraph (a) of this subsection (6.3) in order to meet such filing requirements.
(7) Repealed.
Source: Initiated 72. L. 73: p. 1663, � 1. C.R.S. 1963: � 3-37-303. L. 77: Entire section R&RE p. 1151, � 3, effective June 19. L. 79: (1)(a) amended, pp. 853, 1638, �� 1, 2, 38, effective December 29. L. 87: Entire section R&RE, p. 923, � 3, effective July 3. L. 96: (1)(d) amended, p. 1083, � 3, effective August 7. L. 2001: IP(1), (1)(d), (1.5), and (3) amended and (1.3) added, p. 148, � 2, effective July 1 and (6.3) added, p. 148, � 2, effective January 1, 2002. L. 2010: (1), (1.3)(a), (2), (3), (5), and (6) amended, (SB 10-087), ch. 407, p. 2013, � 3, effective June 10. L. 2014: (1) and (3) amended, (SB 14-217), ch. 398, p. 2004, � 3, effective July 1, 2015. L. 2019: (7) added, (HB 19-1248), ch. 232, p. 2322, � 4, effective May 20.
Editor's note: Subsection (7)(c) provided for the repeal of subsection (7), effective March 1, 2020. (See L. 2019, p. 2322.)
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.