First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0564.01 Bob Lackner HOUSE BILL 11-1134 HOUSE SPONSORSHIP Pabon, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning restrictions on government-service employment of certain persons affiliated with lobbying public officials for compensation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill imposes restrictions on state government employment of persons who were employed as professional lobbyists prior to entering government service and on persons becoming professional lobbyists directly after leaving government service with the state. Restrictions on professional lobbyists entering employment with the state. Specifically, the bill prohibits: Any person who has been engaged as a professional lobbyist at any time within the 2 years prior to becoming a covered officer or employee, for a period of 2 years following the commencement of his or her employment with the state, from participating in any particular matter as a state employee involving specific parties that is directly and substantially related to a former client of the person in connection with activities undertaken by the person as a professional lobbyist. Any person who was employed as a professional lobbyist at any time within the 2 years immediately preceding his or her employment as a covered officer or employee, for a period of 2 years following the date of the commencement of his or her employment with the state, from participating in any particular matter on which he or she lobbied or in the specific issue area in which the particular matter falls; and Any person who was employed as a professional lobbyist at any time within the 2 years immediately preceding his or her employment as a covered officer or employee from: Being employed by a principal department of the executive branch of state government or by a state agency that he or she was engaged in lobbying as a professional lobbyist; or Participating in any particular matter before a principal department of the executive branch of state government or before a state agency on which he or she lobbied as a professional lobbyist or in the specific issue area in which the matter falls. Restrictions on persons becoming professional lobbyists after leaving employment with the state. The bill prohibits any person who was formerly employed as a covered officer or employee from lobbying for pay or any other form of compensation any statewide elected officeholder, member of the general assembly, or any other covered officer or employee within 2 years after the conclusion of such individual's employment as a covered officer or employee. The bill defines "covered officer or employee" to mean a public officer serving in a temporary or permanent capacity as the head of a principal department of the executive branch of state government or of a state agency, an employee who is an appointee of the governor and is serving in a temporary or permanent capacity as the deputy or assistant head of a principal department or of a state agency, or an employee who has been appointed to the senior executive service. Ethics pledge. The bill requires each covered officer or employee who attains such status on or after the effective date of the bill to execute a pledge committing the officer or employee to observe the statutory requirements specified in the bill. The bill specifies that upon such execution, the officer or employee is contractually committed to such obligations, the terms of the pledge are enforceable under law, and such terms are in addition to any other applicable legal restrictions. Other provisions. The bill also authorizes the independent ethics commission to hear complaints, issue findings, and assess penalties with respect to claims brought under the bill to the same extent as any other claim the commission is authorized to address under existing constitutional and statutory provisions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. This act shall be known and may be cited as the "Colorado Executive Transparency and Honesty in Completing Service Act". SECTION 2. 24-18-102, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 24-18-102. Definitions. As used in this part 1, unless the context otherwise requires: (2.5) "Covered officer or employee" means: (a) A public officer serving in a temporary or permanent capacity as the head of a principal department of the executive branch of state government or of a state agency; (b) An employee who is an appointee of the governor and serving in a temporary or permanent capacity as the deputy or assistant head of a principal department of the executive branch of state government or of a state agency; or (c) An employee who has been appointed to the senior executive service pursuant to the provisions of section 24-50-104 (5). (4.5) "Lobbying" shall have the same meaning as set forth in section 24-6-301 (3.5). (7.5) "Professional lobbyist" shall have the same meaning as set forth in section 24-6-301 (6) and, for purposes of section 24-18.3-108.3, shall also include any person designated by a principal department of the executive branch of state government to lobby on behalf of the department pursuant to section 24-6-303.5 (1) (a). SECTION 3. Part 1 of article 18 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 24-18-108.3. Rules of conduct - government-service employment - persons formerly employed as professional lobbyists entering state employment - persons formerly employed by state becoming professional lobbyists - ethics pledge. (1) (a) No person who has been engaged as a professional lobbyist at any time within the two years prior to becoming a covered officer or employee may, for a period of two years following the commencement of his or her employment with the state, participate in any particular matter as a state employee involving specific parties that is directly and substantially related to a former client of the person in connection with activities undertaken by the person as a professional lobbyist. (b) No person who was employed as a professional lobbyist at any time within the two years immediately preceding his or her employment as a covered officer or employee may, for a period of two years following the date of the commencement of his or her employment with the state, participate in any particular matter on which he or she lobbied or in the specific issue area in which the particular matter falls. (c) No person who was employed as a professional lobbyist at any time within the two years immediately preceding his or her employment as a covered officer or employee may, for a period of two years following the date of the commencement of his or her employment with the state: (I) Be employed by a principal department of the executive branch of state government or by a state agency that he or she was engaged in lobbying as a professional lobbyist; or (II) Participate in any particular matter before a principal department of the executive branch of state government or before a state agency on which he or she lobbied as a professional lobbyist or in the specific issue area in which the matter falls. (d) Each covered officer or employee who attains such status on or after the effective date of this section shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming such officer or employee: "As a condition and in consideration of my employment by the state of Colorado in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: If I was employed as a professional lobbyist at any time within the two years immediately preceding my becoming a covered officer or employee, I will not, for the period of two years after the date I became such officer or employee, participate in any particular matter as a state employee involving specific parties that is directly and substantially related to a former client of mine in connection with activities undertaken by me as a professional lobbyist; If I was employed as a professional lobbyist at any time within the two years immediately preceding my employment as a covered officer or employee, I will not, for a period of two years following the date of the commencement of my employment with the state, participate in any particular matter on which I lobbied or in the specific issue area in which the particular matter falls; If I was employed as a professional lobbyist at any time within the two years immediately preceding my employment as a covered officer or employee, I will not, for a period of two years following the date of the commencement of my employment with the state, be employed by a principal department of the executive branch of state government or by a state agency that I was engaged in lobbying as a professional lobbyist or participate in any particular matter before a principal department of the executive branch of state government or before a state agency on which I lobbied as a professional lobbyist or in the specific issue area in which the matter falls; and I understand that the terms of this pledge are in addition to any other statutory or legal restrictions applicable to me by virtue of my service as a state employee." (2) (a) No person who was formerly employed as a covered officer or employee may, within two years after the conclusion of such individual's employment as a covered officer or employee, engage in lobbying for pay or any other form of compensation any statewide elected officeholder, member of the general assembly, or any other covered officer or employee. (b) Each covered officer or employee who attains such status on or after the effective date of this section shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming such officer or employee: "As a condition and in consideration of my employment by the state of Colorado in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: Upon my departure from employment with the state, I agree not to lobby for pay or any other form of compensation any statewide elected officeholder, member of the general assembly, or any other covered officer or employee for a period of two years following the end of my state employment; and I understand that the terms of this pledge are in addition to any other statutory or legal restrictions applicable to me by virtue of my service as a state employee." SECTION 4. 24-18.5-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-18.5-101. Independent ethics commission - establishment - membership - subpoena power - definitions. (4.5) Notwithstanding any other provision of law, the commission may hear complaints, issue findings, and assess penalties with respect to claims brought under section 24-18-108.3 to the same extent as any other claim the commission is authorized to address under this section and article XXIX of the state constitution. SECTION 5. Act subject to petition - effective date - applicability. (1) This act shall take effect June 1, 2012; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to: (a) Any person who was employed as a professional lobbyist within the two-year period prior to his or her employment as a covered officer or employee and whose employment with the state commenced on or after the applicable effective date of this act; and (b) Any covered officer or employee whose employment with the state concludes on or after the applicable effective date of this act.