Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0113.01 Bob Lackner HOUSE BILL 06-1149 HOUSE SPONSORSHIP Carroll M., and Weissmann SENATE SPONSORSHIP Tupa, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the regulation of persons involved in communicating with state public officials for the purpose of influencing official action. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Expands existing requirements pertaining to lobbyist disclosure to require that disclosure statements filed by professional lobbyists contain information about the following:  In the case of the identification of specific legislation worked on by lobbyists, the title or bill number of the legislation, and the position, if any, taken by the lobbyist with respect to the legislation.  The total sum of political contributions in excess of an aggregate amount made by a disclosing person to a covered official or to support or oppose the passage of a ballot issue or a ballot question since the last disclosure statement and during the calendar year. Requires any such contribution to be identified by date, amount, and the name of the candidate or issue committee to which any such contribution was made.  The lobbyist's principal; and  Any direct business association of the disclosing person with any covered official or any person employed by or on the staff of a covered official. Prohibits any member of the general assembly or public officer, for a one-year period commencing with the date of completion of the member's or public officer's tenure in office, from acting as agent or attorney for, or otherwise representing, any other person for compensation by making a formal or informal appearance or by making any oral or written communication before the general assembly, any agency of the general assembly, any committee of the general assembly, any member, or any officer or employee of the general assembly, in the case of the member, or before any state agency, in the case of the public officer, if the appearance or communication is made for the purpose of influencing official action. Specifies that the prohibition contained in the act shall not prohibit a former member or public officer from acting as a volunteer lobbyist. Specifies a penalty for violation of the employment restriction contained in the act. Defines terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-6-301, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires: (5.5) "Principal" means any person who employs a lobbyist. If an association, corporation, limited liability company, partnership, or any other form of business entity engages a lobbyist, a person serving as an officer, employee, member, shareholder, or partner of the association, corporation, limited liability company, partnership, or other form of business entity shall not be considered a principal. SECTION 2. 24-6-301 (1.9) (a) (X), Colorado Revised Statutes, is amended, and the said 24-6-301 (1.9) (a) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS, to read: 24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires: (1.9) (a) "Disclosure statement" means a written statement that contains: (X) The nature of the legislation, standards, rules, or rates for which the disclosing person is receiving contributions or making expenditures for lobbying and, where known, the specific legislation, standards, rules, or rates. In the case of specific legislation, disclosure shall include the title or bill number of the legislation, and the position, if any, taken by the disclosing person with respect to the legislation. (XI) The total sum of contributions, as defined by section 2 (5) of article XXVIII of the state constitution, made by a disclosing person to a covered official or to support or oppose the passage of a ballot issue or a ballot question since the last disclosure statement and during the calendar year where the aggregate amount exceeds one hundred dollars. Any such contribution shall be identified by date, amount, and the name of the candidate or issue committee to which any such contribution was made. The provisions of this subsection (XI) are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and do not relieve a disclosing person from making disclosure under section 1-45-108, C.R.S., if such disclosure provisions apply. (XII) If the disclosing person's principal is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the disclosing person's principal is a business entity, a description of the business entity in which the principal is engaged and the name or names of the entity's chief executive officer or partners, as applicable. If the disclosing person's principal is an industry, trade, or professional association, a description of the industry, trade, or profession that the disclosing person represents and the name of the chief executive officer and the approximate number of members of the industry, trade, or professional association. (XIII) A statement detailing any direct business association of the disclosing person with any covered official or any person employed by or on the staff of a covered official. SECTION 3. 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: (6.5) "Member" means a person serving as a member of either house of the Colorado general assembly. (10) "Tenure in office" means the time during which a former member or former public officer held office as a member or public officer. SECTION 4. 24-18-106, Colorado Revised Statutes, is amended BY THE ADDITION OF THE A NEW SUBSECTION to read: 24-18-106. Rules of conduct for members of the general assembly. (4) (a) No member shall, for a one-year period commencing with the date of completion of the member's tenure in office, for compensation, act as agent or attorney for, or otherwise represent, any other person by making a formal or informal appearance, or by making any oral or written communication before the general assembly, any agency of the general assembly, any committee of the general assembly, any member, or any officer or employee of the general assembly if the appearance or communication is made for the purpose of influencing official action. The prohibition contained in this subsection (4) shall not prohibit a former member from acting as a volunteer lobbyist, as defined in section 24-6-301 (7). (b) A violation of paragraph (a) of this subsection (4) shall be treated the same as a violation of any other provision of this part 1, and any member who violates this section shall be subject to any and all of the civil and criminal penalties authorized by section 24-18-103 (2). SECTION 5. 24-18-108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-18-108. Rules of conduct for public officers and state employees. (5) (a) No public officer shall, for a one-year period commencing with the date of completion of the officer's tenure in office, for compensation, act as agent or attorney for, or otherwise represent, any other person by making a formal or informal appearance, or by making any oral or written communication before any state agency if the appearance or communication is made for the purpose of influencing official action. The prohibition contained in this subsection (5) shall not prohibit a former public officer from acting as a volunteer lobbyist, as defined in section 24-6-301 (7). (b) A violation of paragraph (a) of this subsection (5) shall be treated the same as a violation of any other provision of this part 1, and any public officer who violates this section shall be subject to any and all of the civil and criminal penalties authorized by section 24-18-103 (2). SECTION 6. Effective date - applicability. (1) This act shall take effect July 1, 2006. (2) Section 4 of this act shall apply to any member of either house of the general assembly who is elected to a term of office for the first time on or after the effective date of this act. Section 4 shall also apply to a person serving as a member of either house of the general assembly who is elected to a term of office in the other house of the general assembly on or after the effective date of this act. (3) Section 5 of this act shall apply to any public officer who is elected to a statewide term of office or is appointed to serve in a state office for the first time on or after the effective date of this act. SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.