A Bill for an Act
Page 1, Line 101Concerning lobbying on behalf of a charitable tax-exempt
Page 1, Line 102nonprofit entity.
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://leg.colorado.gov.)
Currently, a lobbyist may be either a professional lobbyist or a volunteer lobbyist. A professional lobbyist must register with the secretary of state before conducting lobbying activities with one or more covered officials. For each month in which a professional lobbyist lobbies one or more covered officials, a professional lobbyist must complete and submit a disclosure statement to the secretary of state.
The bill creates a new category of lobbyist for nonprofit lobbyists and exempts nonprofit lobbyists from the registration and disclosure statement requirements for professional lobbyists. A nonprofit lobbyist is a lobbyist who is exclusively employed by a single nonprofit entity and who lobbies as an incidental part of the lobbyist's duties with the nonprofit entity. A nonprofit entity may use a nonprofit lobbyist to lobby a maximum of 30 days during a state fiscal year, with a maximum of 20 of those days occurring when the general assembly is in session. A nonprofit entity that employs a nonprofit lobbyist must report to the secretary of state the following information within 72 hours of engaging in lobbying of one or more covered officials:
- The name of the nonprofit lobbyist;
- The full legal name of the nonprofit entity on whose behalf the nonprofit lobbyist lobbied;
- The date on which the nonprofit lobbyist engaged in lobbying;
- Any matter about which the nonprofit lobbyist lobbied for the reported day; and
- The bill number of the legislation about which each nonprofit lobbyist lobbied for the reported day and whether the nonprofit entity is supporting, opposing, requesting amendments, or monitoring the legislation.
A nonprofit entity may submit a single form for more than one nonprofit lobbyist if more than one nonprofit lobbyist lobbied for the nonprofit entity on the same day.
A lobbyist who was a nonprofit lobbyist but no longer qualifies as a nonprofit lobbyist or who is employed by a nonprofit entity that does not comply with the timing limitations, and who meets the requirements of a professional lobbyist, must register and file disclosure statements with the secretary of state beginning in the month in which the lobbyist first lobbied as a professional lobbyist and must comply with the regulations imposed on a professional lobbyist.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 24-6-301, amend (3.7) and (6); and add (3.8) and (3.9) as follows:
Page 2, Line 324-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires:
Page 2, Line 4(3.7) "Lobbyist" means
eitherPage 2, Line 5nonprofit lobbyist, or a volunteer lobbyist.
Page 3, Line 1(3.8) "Nonprofit entity" means a person that is registered
Page 3, Line 2as an exempt charitable organization pursuant to 26 U.S.C. sec.
Page 3, Line 3501 (c)(3) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal "Internal Revenue Code of 1986".
Page 3, Line 4(3.9) "Nonprofit lobbyist" means an individual exclusively
Page 3, Line 5employed by a single nonprofit entity who engages in lobbying
Page 3, Line 6of one or more covered officials on behalf of the nonprofit
Page 3, Line 7entity as an incidental duty of the individual's role. A nonprofit lobbyist is not a professional lobbyist.
Page 3, Line 8(6) "Professional lobbyist" means a person, business entity,
Page 3, Line 9including a sole proprietorship, or an employee of a client, who is
Page 3, Line 10compensated by a client or another professional lobbyist for lobbying.
Page 3, Line 11"Professional lobbyist" does not include any volunteer lobbyist,
Page 3, Line 12nonprofit lobbyist, any state official or employee acting in
hisPage 3, Line 13state official or employee's official capacity, except as provided in
Page 3, Line 14section 24-6-303.5, any elected public official acting in
hisPage 3, Line 15public official's official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.
Page 3, Line 16SECTION 2. In Colorado Revised Statutes, 24-6-303, amend (6) as follows:
Page 3, Line 1724-6-303. Registration as professional lobbyist - filing of
Page 3, Line 18disclosure statements - certificate of registration - legislative
Page 3, Line 19declaration. (6) This section
shallPage 3, Line 20committee, volunteer lobbyist, citizen who lobbies on
his or herPage 3, Line 21citizen's own behalf, nonprofit lobbyist, state official or employee
Page 3, Line 22acting in
his or herPage 3, Line 23except as provided in section 24-6-303.5, or elected public official acting in
his or herPage 4, Line 1SECTION 3. In Colorado Revised Statutes, amend 24-6-307 as follows:
Page 4, Line 224-6-307. Employment of unregistered persons. It is unlawful
Page 4, Line 3for any person to employ for pay or any consideration, or pay or agree to
Page 4, Line 4pay any consideration to, an individual who is not a nonprofit
Page 4, Line 5lobbyist, as defined in section 24-6-301 (3.9), to engage in lobbying
Page 4, Line 6who is not registered except upon condition that such individual register forthwith.
Page 4, Line 7SECTION 4. In Colorado Revised Statutes, add 24-6-310 as follows:
Page 4, Line 824-6-310. Nonprofit lobbyist - reporting - definition. (1) A
Page 4, Line 9nonprofit lobbyist is not required to register with the secretary
Page 4, Line 10of state as required for professional lobbyists by section 24-6-303.
Page 4, Line 11(2) A nonprofit lobbyist is not required to provide a
Page 4, Line 12disclosure statement as required for professional lobbyists by section 24-6-302.
Page 4, Line 13(3) A nonprofit entity may use a nonprofit lobbyist to
Page 4, Line 14lobby one or more covered officials no more than thirty days
Page 4, Line 15per state fiscal year, with a maximum of twenty of those days
Page 4, Line 16occurring when the general assembly is in session. For purposes
Page 4, Line 17of this subsection (3), if multiple nonprofit lobbyists lobby for
Page 4, Line 18the same nonprofit entity during the same day, the lobbying occurs during a single day.
Page 4, Line 19(4) Within seventy-two hours of one or more nonprofit
Page 4, Line 20lobbyists lobbying one or more covered officials, the nonprofit
Page 5, Line 1entity employing the nonprofit lobbyist or nonprofit lobbyists
Page 5, Line 2shall report the information specified in this subsection (4) to
Page 5, Line 3the secretary of state regarding each nonprofit lobbyist who
Page 5, Line 4lobbied on behalf of the nonprofit entity. A single report may
Page 5, Line 5contain the activities of multiple nonprofit lobbyists if more
Page 5, Line 6than one nonprofit lobbyist lobbied for the same nonprofit
Page 5, Line 7entity during the same day. The nonprofit entity shall submit
Page 5, Line 8the report to the secretary of state on a form prescribed by the
Page 5, Line 9secretary of state, which form must not require any information other than the following:
Page 5, Line 10(a) The name of each nonprofit lobbyist;
Page 5, Line 11(b) The full legal name of the nonprofit entity on whose behalf each nonprofit lobbyist lobbied;
Page 5, Line 12(c) The date on which each nonprofit lobbyist engaged in lobbying;
Page 5, Line 13(d) Any matter about which each nonprofit lobbyist lobbied for on the reported day; and
Page 5, Line 14(e) The bill number of the legislation about which each
Page 5, Line 15nonprofit lobbyist lobbied for on the reported day and whether
Page 5, Line 16the nonprofit entity is supporting, opposing, requesting
Page 5, Line 17amendments, or monitoring the legislation. As used in this
Page 5, Line 18subsection (4)(e), "legislation" means the process of making or
Page 5, Line 19enacting law in written form in the form of codes, statutes, or rules.
Page 5, Line 20(5) (a) A lobbyist who does not meet the definition of
Page 5, Line 21"nonprofit lobbyist" or a lobbyist employed by a nonprofit
Page 5, Line 22entity that exceeds the timing limitations in subsection (3) of
Page 6, Line 1this section is not a "nonprofit lobbyist" and is either a "professional lobbyist" or a "volunteer lobbyist", as applicable.
Page 6, Line 2(b) If a lobbyist who was previously a nonprofit lobbyist
Page 6, Line 3no longer satisfies the requirements to be a nonprofit lobbyist,
Page 6, Line 4or is employed by a nonprofit entity that exceeds the timing
Page 6, Line 5limitations in subsection (3) of this section and the lobbyist
Page 6, Line 6instead satisfies the requirements to be a professional lobbyist,
Page 6, Line 7the registration required of a professional lobbyist by section
Page 6, Line 824-6-303, the disclosure statement required of a professional
Page 6, Line 9lobbyist by section 24-6-302, and any other requirements of this
Page 6, Line 10part 3 that apply to a professional lobbyist apply to the
Page 6, Line 11lobbyist beginning in the first month in which the lobbyist does
Page 6, Line 12not qualify as a nonprofit lobbyist and instead qualifies as a professional lobbyist.
Page 6, Line 13SECTION 5. Effective date. This act takes effect January 1, 2026.
Page 6, Line 14SECTION 6. Safety clause. The general assembly finds,
Page 6, Line 15determines, and declares that this act is necessary for the immediate
Page 6, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 6, Line 17the support and maintenance of the departments of the state and state institutions.