SB 147

SENATE BILL 26-147
BY SENATOR(S) Cutter and Pelton R., Carson, Catlin, Gonzales J., Jodeh,
Kipp, Kolker, Lindstedt, Liston, Marchman, Rich, Sullivan, Danielson,
Roberts, Rodriguez, Wallace, Weissman, Coleman;
also REPRESENTATIVE(S) Johnson and Froelich, Winter T., Bacon,
Barron, Bottoms, Bradfield, Caldwell, Clifford, Goldstein, Gonzalez R.,
Hamrick, Hartsook, Jackson, Keltie, Lindsay, Marshall, Martinez,
Richardson, Slaugh, Soper, Stewart R., Story, Taggart, Titone, Velasco,
Willford, Woog, Zokaie, Bradley, Brooks, Brown, Camacho, DeGraaf,
English, Feret, Flanell, Garcia, Joseph, Lieder, Mabrey, Mauro,
McCormick, Paschal, Sirota, Smith, Suckla, Weinberg, Woodrow.
CONCERNING THE REGULATION OF LOBBYISTS, AND, IN CONNECTION
     THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
        (a) Community engagement is the foundation of a democratic
legislative body and is critical to ensure a collaborate environment for
developing sustainable public policy that impacts the state;
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Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
     (b) Community engagement should be conducted in a transparent
manner; and
      (c) Government transparency is crucial to the democratic process
and the general public should have transparent access to state agency
engagement.
       (2) Therefore, the general assembly further finds and declares that
it seeks to foster collaboration and policy engagement by the community
through strengthening the state's lobbying transparency laws and providing
greater clarity to ensure a role for all entities and persons to participate.
       SECTION 2. In Colorado Revised Statutes, 24-6-301, amend (3.7)
and (6) as follows:
       24-6-301. Definitions - legislative declaration.
       As used in this part 3, unless the context otherwise requires:
      (3.7) "Lobbyist" means either a professional LOBBYIST or a
volunteer lobbyist.
        (6) "Professional lobbyist" means a person, business entity,
including a sole proprietorship, or an employee of a client, who is
compensated by a client or another professional lobbyist for lobbying.
"Professional lobbyist" does not include any volunteer lobbyist, any state
official or employee acting in his THEIR official capacity, except as provided
in section 24-6-303.5 OR 24-6-303.7, any elected public official acting in his
THEIR official capacity, AN EMPLOYEE OF A CLIENT WHO IS ASSISTING A
PROFESSIONAL LOBBYIST, UNLESS THE EMPLOYEE'S DUTIES FOR THE CLIENT
INCLUDE LOBBYING ON BEHALF OF THE CLIENT, or any individual who
appears as counsel or advisor in an adjudicatory proceeding.
        SECTION 3. In Colorado Revised Statutes, 24-6-302, amend (5)
as follows:
       24-6-302. Disclosure statements - required - definition.
       (5) This section shall DOES not apply to any political committee,
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volunteer lobbyist, citizen who lobbies on his or her THEIR own behalf, state
official or employee acting in his or her THEIR official capacity, except as
provided in section 24-6-303.5 OR 24-6-303.7, or elected public official
acting in his or her THEIR official capacity, OR AN EMPLOYEE OF A CLIENT
WHO IS ASSISTING A PROFESSIONAL LOBBYIST IF THE PROFESSIONAL
LOBBYIST IS IN COMPLIANCE WITH THE DISCLOSURE REQUIREMENTS
MANDATED BY THIS SECTION, UNLESS THE EMPLOYEE'S DUTIES FOR THE
CLIENT INCLUDE LOBBYING ON BEHALF OF THE CLIENT.
       SECTION 4. In Colorado Revised Statutes, 24-6-303, amend
(1.3)(a) and (6); and add (1.2) as follows:
       24-6-303. Registration as professional lobbyist - filing of
disclosure statements - certificate of registration - legislative
declaration.
       (1.2) BEFORE LOBBYING, A VOLUNTEER LOBBYIST SHALL REGISTER
AND FILE WITH THE GENERAL ASSEMBLY IN ACCORDANCE WITH JOINT RULES
ADOPTED BY THE GENERAL ASSEMBLY A REGISTRATION STATEMENT THAT
CONTAINS AN ATTESTATION BY THE VOLUNTEER LOBBYIST THAT THE
VOLUNTEER LOBBYIST IS NOT BEING PAID OR OTHERWISE COMPENSATED FOR
THE LOBBYING.
        (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 THE
individual shall pay a registration fee in an amount that shall be set by the
secretary of state by rule promulgated ADOPTED 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 THEIR registration statement
pursuant to paragraph (b) of subsection (6.3)(b) 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 THEIR compensation
solely from the organization. A volunteer lobbyist shall be IS exempt from
the requirement to pay the registration fee mandated by this paragraph (a)
SUBSECTION (1.3)(a).
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        (6) This section shall DOES not apply to any political committee,
volunteer lobbyist, citizen who lobbies on his or her THEIR own behalf, state
official or employee acting in his or her THEIR official capacity, except as
provided in section 24-6-303.5 OR 24-6-303.7, or elected public official
acting in his or her THEIR official capacity, OR AN EMPLOYEE OF A CLIENT
WHO IS ASSISTING A PROFESSIONAL LOBBYIST IF THE PROFESSIONAL
LOBBYIST IS IN COMPLIANCE WITH THE REGISTRATION REQUIREMENTS
MANDATED BY THIS SECTION, UNLESS THE EMPLOYEE'S DUTIES FOR THE
CLIENT INCLUDE LOBBYING ON BEHALF OF THE CLIENT.
        SECTION 5. In Colorado Revised Statutes, 24-6-303.5, amend
(1)(a), (2)(a) introductory portion, (2)(a)(III), (4) introductory portion, and
(5); repeal (4)(c); and add (2)(a)(IV) and (6) as follows:
       24-6-303.5. Lobbying by state officials and employees.
        (1) (a) Each principal department of state government, as defined in
section 24-1-110, shall designate one person INDIVIDUAL who shall be IS
responsible for any lobbying of the type defined in section 24-6-301
(3.5)(a)(I) or (3.5)(a)(III) by a state official or employee on behalf of said
THE principal department. All designated persons INDIVIDUALS from the
principal departments, as well as any person OR AN INDIVIDUAL lobbying,
as defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III), on behalf of an
institution or governing board of higher education OR ON BEHALF OF THE
OFFICES OF THE GOVERNOR OR LIEUTENANT GOVERNOR AS A MEMBER OF THE
GOVERNOR'S CABINET OR AS A PERSONAL STAFF EMPLOYEE IN THE OFFICES
OF THE GOVERNOR OR THE LIEUTENANT GOVERNOR shall register with the
secretary of state by filing a written statement on or before January 15 of
each year. Such THE registration statement shall MUST be on a form
prescribed by the secretary of state and shall MUST include the following:
      (I) The designated person's INDIVIDUAL'S full legal name, principal
department BUSINESS address, and business telephone number;
      (II) The name of any state official or employee who is lobbying on
behalf of the principal department, OFFICES OF THE GOVERNOR OR
LIEUTENANT GOVERNOR, OR AN INSTITUTION OR GOVERNING BOARD OF
HIGHER EDUCATION;
       (III) The name of such person's THE INDIVIDUAL'S division or unit
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within the principal department, his OFFICES OF THE GOVERNOR OR
LIEUTENANT GOVERNOR, OR AN INSTITUTION OR GOVERNING BOARD OF
HIGHER EDUCATION;
       (IV) The individual's classification or job title; and
       (V) The address and telephone number of his THE INDIVIDUAL'S
division or unit.
      (2) (a) In addition to the registration statement filed pursuant to
subsection (1) of this section, the designated person, and any person
INDIVIDUAL, AN INDIVIDUAL lobbying on behalf of an institution or
governing board of higher education, OR AN INDIVIDUAL LOBBYING ON
BEHALF OF THE OFFICES OF THE GOVERNOR OR LIEUTENANT GOVERNOR AS
A MEMBER OF THE GOVERNOR'S CABINET OR AS A PERSONAL STAFF
EMPLOYEE IN THE OFFICES OF THE GOVERNOR OR THE LIEUTENANT
GOVERNOR shall file, monthly, a disclosure statement with the secretary of
state in accordance with this subsection (2). The secretary of state shall
prescribe the form for such disclosure statement, which shall MUST include:
       (III) An estimate of the time spent on lobbying or preparation
thereof PREPARING TO ENGAGE IN LOBBYING by any state official or
employee THE INDIVIDUAL named in the registration statement or BY any
other employee of the principal department, OFFICES OF THE GOVERNOR OR
LIEUTENANT GOVERNOR, OR AN INSTITUTION OR GOVERNING BOARD OF
HIGHER EDUCATION; AND
       (IV) THE BILL OR RESOLUTION NUMBER OF THE LEGISLATION AT
ISSUE AND THE LEGISLATIVE POSITION OF THE PERSON ON WHOSE BEHALF
THE INDIVIDUAL IS LOBBYING. THE POSITION MUST BE INDICATED ON THE
INDIVIDUAL'S DISCLOSURE STATEMENT AND MUST INCLUDE WHETHER THE
PERSON IS SUPPORTING, OPPOSING, AMENDING, OR MONITORING THE
LEGISLATION. IF THE PERSON'S POSITION CHANGES, THE INDIVIDUAL SHALL
UPDATE THE POSITION INDICATED ON THE DISCLOSURE STATEMENT WITHIN
SEVENTY-TWO HOURS OF THE CHANGE.
      (4) This section shall DOES not apply to the following persons
INDIVIDUALS:
       (c) Members of the governor's cabinet and personal staff employees
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in the offices of the governor and the lieutenant governor whose functions
are confined to such offices and who report directly to the governor or
lieutenant governor;
       (5) Any person AN INDIVIDUAL who engages in lobbying for a
principal department, THE OFFICES OF THE GOVERNOR OR LIEUTENANT
GOVERNOR, OR AN INSTITUTION OR GOVERNING BOARD OF HIGHER
EDUCATION but who is not a state official or employee shall comply with the
requirements of sections 24-6-302 and 24-6-303.
       (6) NO STATEWIDE ELECTED OFFICEHOLDER OR MEMBER OF THE
GENERAL ASSEMBLY IS ALLOWED TO BE THE PERSON DESIGNATED TO LOBBY
PURSUANT TO SECTION (1)(a) OF THIS SECTION FOR A PERIOD OF TWO YEARS
FOLLOWING VACATION OF OFFICE.
      SECTION 6. In Colorado Revised Statutes, add 24-6-303.7 as
follows:
     24-6-303.7. Lobbying by judicial department officials and
employees - independent agencies - definition.
       (1) (a) THE JUDICIAL DEPARTMENT AND EACH OF ITS INDEPENDENT
AGENCIES MAY DESIGNATE AT LEAST ONE INDIVIDUAL WHO IS RESPONSIBLE
FOR ANY LOBBYING OF THE TYPE DEFINED IN SECTION 24-6-301 (3.5)(a)(I)
OR (3.5)(a)(III) ON BEHALF OF THE JUDICIAL DEPARTMENT OR ANY OF ITS
INDEPENDENT AGENCIES.
       (b) (I) A DESIGNATED INDIVIDUAL SHALL REGISTER WITH THE
SECRETARY OF STATE BY FILING A WRITTEN STATEMENT ON OR BEFORE
JANUARY 15 OF EACH YEAR. THE WRITTEN REGISTRATION STATEMENT MUST
BE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE AND MUST INCLUDE
THE DESIGNATED INDIVIDUAL'S FULL LEGAL NAME, JUDICIAL DEPARTMENT
OR INDEPENDENT AGENCY'S ADDRESS, AND BUSINESS TELEPHONE NUMBER.
     (II) IF ANY INFORMATION ON THE ORIGINAL WRITTEN STATEMENT
CHANGES, THE DESIGNATED INDIVIDUAL SHALL FILE AN AMENDMENT TO THE
STATEMENT WITH THE SECRETARY OF STATE WITHIN SEVEN CALENDAR DAYS
OF THE CHANGE.
       (c) A DESIGNATED INDIVIDUAL SHALL FILE COPIES OF THE ORIGINAL
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WRITTEN REGISTRATION STATEMENT, ANY ACCOMPANYING DOCUMENTS,
AND ANY AMENDMENTS TO THE REGISTRATION STATEMENT WITH THE
GOVERNOR'S OFFICE, THE SECRETARY OF THE SENATE, AND THE CHIEF CLERK
OF THE HOUSE OF REPRESENTATIVES WITHIN SEVEN CALENDAR DAYS OF
FILING THE DOCUMENT WITH THE SECRETARY OF STATE.
      (d) FOR THE PURPOSES OF THIS SECTION, "INDEPENDENT AGENCY"
MEANS AN INDEPENDENT AGENCY OF THE JUDICIAL DEPARTMENT, INCLUDING
AN AGENCY IDENTIFIED AS ONE OF THE "INCLUDED AGENCIES" IDENTIFIED IN
SECTION 13-100-102 (3) AND THE OFFICE OF THE STATE PUBLIC DEFENDER
CREATED PURSUANT TO SECTION 21-1-101.
       (2) IN ADDITION TO THE WRITTEN REGISTRATION STATEMENT FILED
PURSUANT TO SUBSECTION (1) OF THIS SECTION, A DESIGNATED INDIVIDUAL
SHALL DISCLOSE TO THE SECRETARY OF STATE THE LEGISLATION ON WHICH
LOBBYING OF THE TYPE DEFINED IN SECTION 24-6-301 (3.5)(a)(I) OR
(3.5)(a)(III) IS BEING PERFORMED BY THE DESIGNATED INDIVIDUAL AND THE
POSITION THAT THE DESIGNATED INDIVIDUAL IS TAKING ON BEHALF OF THE
JUDICIAL DEPARTMENT OR INDEPENDENT AGENCY AS EITHER SUPPORTING,
OPPOSING, AMENDING, OR MONITORING THE LEGISLATION. IF THE JUDICIAL
DEPARTMENT OR AN INDEPENDENT AGENCY'S POSITION CHANGES, THE
DESIGNATED INDIVIDUAL SHALL UPDATE THE POSITION DISCLOSURE WITH
THE SECRETARY OF STATE WITHIN SEVENTY-TWO HOURS OF THE CHANGE.
       (3) AN INDIVIDUAL WHO ENGAGES IN LOBBYING FOR THE JUDICIAL
DEPARTMENT OR AN INDEPENDENT AGENCY BUT WHO IS NOT A JUDICIAL
DEPARTMENT EMPLOYEE OR INDEPENDENT AGENCY EMPLOYEE SHALL
COMPLY WITH THE REQUIREMENTS OF SECTIONS 24-6-302 AND 24-6-303.
       (4) A DESIGNATED INDIVIDUAL LOBBYING ON BEHALF OF THE
JUDICIAL DEPARTMENT OR AN INDEPENDENT AGENCY IS EXEMPT FROM THE
REGISTRATION AND DISCLOSURE FEES IMPOSED BY SECTIONS 24-6-302 AND
24-6-303.
     (5) THIS SECTION DOES NOT APPLY TO MUNICIPAL, STATE, OR
FEDERAL JUDGES OR MAGISTRATES.
       SECTION 7. Appropriation. For the 2026-27 state fiscal year,
$91,000 is appropriated to the department of state. This appropriation is
from the department of state cash fund created in section 24-21-104 (3)(b),
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C.R.S. To implement this act, the division of information technology may
use this appropriation for personal services.
       SECTION 8. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); 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
such period, then the act, item, section, or part will not take effect unless
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approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________  ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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