Colorado Secretary of States Professional Lobbyist Training

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Colorado Secretary of States Professional
Lobbyist Training

• December 17, 2008

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What is a Lobbyist?

• Professional Lobbyist A professional lobbyist
  is an individual who engages himself or is
  engaged by any other person for pay or for any
  consideration for lobbying, and is required to
  register with the Secretary of States office.
  Section 24-6-301 (6), C.R.S.
• Volunteer Lobbyist A volunteer lobbyist is an
  individual who engages in lobbying and whose only
  receipt of money or other thing of value consists
  of nothing more than reimbursement for actual and
  reasonable expenses incurred for personal needs,
  such as meals, travel and lodging while engaged
  in lobbying and is required to register with the
  Clerk of the House of Representatives at the
  Capitol. Section 24-6-301 (7), C.R.S.
• State Liaison A state liaison is the one person
  designated by each principal department who is
  responsible for any lobbying by a state official
  or employee on behalf of the principal
  department. Section 24-6-303.5 (1)(a), C.R.S.,
  Lobbyist Rule 1.3

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Registration of Professional Lobbyist

• A Professional Lobbyist must register prior to
  engaging in lobbying activities. Section 24-6-303
  (1), C.R.S.
• Pursuant to Title 24, Article 6, Part 3, all
  registrations and disclosure statements shall be
  filed electronically. The fee for electronic
  filing of a professional lobbyist registration is
  40.00. (See Lobbyist Rule 2.1).
• In accordance with section 24-21-111, C.R.S.,
  registration and disclosure statements are not
  required to be filed electronically if the
  Secretary has granted an exception to the
  electronic filing requirement. Please see
  Lobbyist Rule 3.2 for more information.
• A Request of Waiver of Lobbyist Registration Fee
  can be requested if the lobbyist organization is
  operating under financial hardship conditions or
  the lobbyist will have a particular interest in
  only one issue or bill and does not intend to
  lobby throughout the State Fiscal Year.
• Registration covers the fiscal year of July 1
  continuing until June 30
• of the following year. Professional
  lobbyists should renew their registration each
  year.

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Request for Waiver of Lobbyist Registration
Fee
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How to Begin Filing Electronically

• Request a User ID and Password
• Go to http//www.sos.state.co.us/
• Click Lobbyist under Elections Center
• Select How To Begin Filing Electronically
• Select the link that states Request User ID For
  Electronic Filing.

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Electronic Request Form(Continued)

• After submitting the Electronic Request Form, an
  email will be sent to you with your User ID and
  Temporary Password.
• Once this email is received, you must login to
  the Online Lobbyist System to complete the
  registration process.

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Professional Lobbyist Disclosure Reporting

• A monthly disclosure statement is required by
  Section 24-6-302, C.R.S.
• You will report among other things
• Income
• Expenses
• Subjects and Bills, including the position taken,
  if any
• If you are a registered lobbyist who has
  subcontracted work to another lobbyist, a
  separate entry will be required with your monthly
  disclosure statement. Section 24-6-302 (b),
  C.R.S.

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Deadline For Filing

• Monthly disclosure statements should be filed on
  or before the 15th of each month
• If the 15th falls on a weekend or holiday, then
  the report is due on the following business day
• Electronic reports can be filed until 1159 p.m.
• Paper reports must be filed by 500 p.m.

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HB06-1149 Regulation of Lobbyists

• HB06-1149 was introduced by Senator Tupa
  Representative M. Carroll in the 2006 legislative
  
• session
• This bill was developed to
• expand existing statutory requirements for
  lobbyists to file monthly
  disclosure statements
• require lobbyists to disclose positions taken
  (support, oppose, amend or monitor) for specific
  legislation on which they lobby and the name of
  principal(s) for which they are lobbying
• require disclosure of any direct business
  association between a lobbyist and the
  legislation on which they are lobbying on as well
  as the disclosure of the subject matter of
  potential legislation lobbied on that has not yet
  been introduced.

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Online Lobbyist System
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Lobbyist Filing CenterLogin for Filing
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Lobbyist Registration
Click Here To Denote Principals
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Lobbyist Registration(Continued)
Denote Principal
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Lobbyist Registration(Continued)
Denote Principal
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Lobbyist Registration(Continued)
Denote Principal
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Lobbyist Registration Payment Screen
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Lobbyist RegistrationTransaction Confirmation
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Select Lobbyist Disclosure Report
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Lobbyist Disclosure Entry
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Disclosing Income
Section 24-6-301(2.5), C.R.S.
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Disclosing Income (Continued)
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Disclosing Income (Continued)
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Disclosing Expenses
Section 24-6-301(1.9) (a) (IV), C.R.S
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Disclosing Expenses (Continued)
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Disclosing Expenses (Continued)
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Denoting Subjects Bills
Before adding new bills, pre-populate first to
view bills entered from prior disclosure
statements.
1. Prepopulate
2. Add
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Disclosure LobbyingActivity Entry
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Lobbying Activity Subject Bills Disclosure
Results
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Lobbying Activity Subject Bills Add/Edit
Principal Association
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Lobbying Activity Subject Bills Add/Edit
Principal Association (Continued)
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Denoting Subcontractors
C.R.S. 24-6-302 (3) (b)
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Denoting Subcontractors (Continued)
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Denoting Subcontractors (Continued)
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Denoting Subcontractors (Continued)
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Registration of Contract Lobbyists

• Professional lobbyist who are registered under
  sections 24-6-302 or 24-6-303, C.R.S., but who
  contract to lobby on behalf of a principal
  department or an institution or governing board
  of higher education and who are not state
  employees will continue to file disclosure
  statements as required for professional
  lobbyists. (See Rule 4.2.3.1 and sections
  24-6-302 and 24-6-303, C.R.S.)
• Contract lobbyists who are not registered as
  professional lobbyists at the time of hiring by a
  principal department shall report their lobbying
  activities to the state liaison for that
  principal department
• If a principal department contracts with a
  professional lobbyist, that lobbyists activity
  should be reported on the professional lobbyists
  disclosure statement, and not on the state
  liaisons disclosure. (See Rule 4.2.4 and section
  24-6-303.5 (3), C.R.S.)

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Denoting Business Association

C.R.S. 24-6-301(1.9) (a) (XII)
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Affirmation Statement

• If you have no income or expenses to report, you
  will receive the Affirmation Statement upon
  filing the disclosure statement.
• After completing the disclosure, you will file it
  and affirm to one of the following statements
• That you were not retained in connection with any
  legislation this period
• OR
• If this report does not cover this period during
  a regular or special session of the General
  Assembly

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Affirmation Statement (Continued)
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Notice of Delinquency

• A Notice of Delinquency is mailed by the
  Secretary of States office via certified mail as
  soon as the deadline has passed.
• This notice and the assessment of a penalty are
  required by section 24-6-302 (7), C.R.S.
• Once your report is filed, an invoice for the
  remaining penalty of charges owed will be
• issued.

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Notice of Delinquency Letter
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Penalty for Filing Late

• The penalty for filing late
• will be 10.00 per day from and including the day
  after the report is due
• there is no provision in the statute for post
  mark dated filing
• if you mail your report to the Secretary of
  States office, please allow at least a week or
  even 10 days prior to the deadline. Section
  24-6-302 (7), C.R.S.

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Cumulative (Annual) Disclosure Statement

• A cumulative disclosure statement is required by
  all lobbyists who receive income from a client or
  clients, or from the organization he or she
  represented during the entire fiscal year.
• If a lobbyist has more than one client from whom
  he or she received income, then that amount is
  shown for each client and a grand total of all
  income is reported.
• This statement is filed with the final monthly
  disclosure statement on July 15 of every year.
• Rule 3 (which mandates electronic filing) shall
  not apply to annual cumulative disclosure
  statements. Annual cumulative statements must be
  filed on paper.

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Cumulative Disclosure Statement
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Lobbyist Record Retention

• Professional lobbyists and lobbyist firms must
  retain the
• following documents
• Receipts for expenditures or contributions made
• Documentation of income and
• Contracts
• (See Lobbyist Rule 5.1 and Section 24-6-304 (1),
  C.R.S.)

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Prohibitions

• Employment of Legislators, Legislative
• Employees or State Employees
• Any such employment must be reported in a
  statement under oath with the Secretary of State
  within 15 days after such employment. (Section
  24-6-306, C.R.S.)
• Employment of unregistered persons is prohibited.
  Section (24-6-307, C.R.S.)
• Contingency agreements are prohibited. (Section
  24-6-308, C.R.S.)

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Enforcement Penalties

• The Secretary of State shall
• Impose a penalty of 10 per day for late
  disclosure statements. Section 24-6-302 (7),
  C.R.S.
• Revoke the registrations of violators not
  adhering to provisions of the lobbyist law.
  Section 24-6-305 (2), C.R.S.
• The Secretary of State may
• Investigate the activities of any person who may
  be in violation of the requirements of the
  lobbyist law. Section 24-6-305 (2) (c), C.R.S.
• Apply to the district court for the issuance of
  an order requiring individuals who are believed
  to be engaging in lobbying as a professional
  lobbyist without a certificate of registration to
  register. Section 24-6-305 (2)(d), C.R.S.

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Enforcement Penalties (Continued)

• Revoke, or suspend for a period of one year, or
  bar from registering for failure to file
  registration or disclosure reports or to allow
  the Secretary of State to examine books and
  records. Section 24-6-305 (2)(a), C.R.S.
• Issue a cease and desist order if there are
  reasonable grounds to believe that a lobbyist is
  in violation of section 24-6-302 (Disclosure) or
  24-6-303 (Registration). Section 24-6-305 (3),
  C.R.S.
• Bring action in district court to enjoin
  violations of, and to enforce compliance with,
  the lobbyist law. Section 24-6-309 (2), C.R.S.
• Inform the President of the State Senate and the
  Speaker of the House of Representatives when the
  Secretary of State has reasonable grounds to
  believe that a substantial violation of sections
  24-6-302 or 24-6-303, C.R.S., has occurred.
  Section 24-6-305 (4), C.R.S.

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Enforcement Penalties

• Legislative Provisions
• After notice from the Secretary of State of a
  violation
• a complaint can be filed with a member of the
  Executive Committee
• either house of the General Assembly may
  subsequently adopt a resolution restricting the
  access of such person to members, committees, and
  other activities of that house. Joint Rule
  36(c)(3).
• any person with knowledge of a violation of Joint
  Rule 36 may file a written complaint with any
  member of the Executive Committee.
• After investigation and consideration in
  accordance with the Joint Rule, the Executive
  Committee may prescribe such remedial measures
  as it deems appropriate,such as suspend the
  lobbying privileges before the General Assembly,
  issue a letter of admonition, or recommend a
  resolution of censure.

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Enforcement Penalties

• Criminal Provisions Offenses Penalties
  Injunctions
• Any person who violates any of the provisions of
  Part 3 of the lobbyist law and willfully files
  any document provided for in Part 3 that contains
  any materially false statement or material
  omission, or fails to comply with any material
  requirement of Part 3 is guilty of a misdemeanor
  and, upon conviction thereof, shall be punished
  by a fine of not more than five thousand dollars,
  or by imprisonment in the county jail for not
  more than twelve months, or by both such fine and
  imprisonment. Section 24-6-309, C.R.S.

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Other Enforcement

• If a complaint is received, the Secretary of
  State shall conduct an investigation as may be
  appropriate.
• If the Secretary of State determines that a
  violation has occurred, the Secretary of State
  shall take appropriate action as set forth in
  section 24-6-305, C.R.S.

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Office of the Secretary of State

• Secretary of State Contact
• Angela Lawson
• Lobbyist Coordinator,
• Elections Division,
• Phone [phone] Ext. 6304
• Email a.lawson_at_sos.state.co.us

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Thank you!!!

• We look forward to working with you this
  legislative session
• NOTE
• This presentation is located on the Lobbyist web
  page at
• http//www.elections.Colorado.gov/DDefault.apx?tid
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