COLORADO SECRETARY OF STATE
[8 CCR 1505-8]
Rules Concerning Lobbyist Regulation

Rules as Adopted - Redline

May 28, 2021

(Additions to the current rules are reflected in small caps and deletions from current rules are shown in stricken type. Publication instructions/notes may be included):
Amendments to 8 CCR 1505-8 follow:
New definitions Rules 1.1, 1.9, and 1.10:
New Rule 1.1 (temporarily adopted on 3/1/21) is amended and adopted as follows:
1.1	“Contract” means a written or verbal agreement between a client and a person for lobbying services including communicating directly or indirectly with a member of a redistricting commission, as defined under Rule 1.9, for the purposes of aiding or influencing such redistricting commission or their staff in their constitutionally prescribed duties on behalf of a client before a redistricting commission.
[Not shown: maintaining the renumbering amendments that were temporarily adopted on 3/1/21 concerning current Rules 1.2 through 1.8]
1.9	“Redistricting commission” means the independent congressional redistricting commission and the independent legislative redistricting commission, as created under sections 44 and 46 of article V of the Colorado Constitution. For the purposes of these rules, “redistricting commission" includes the commission as a whole, an individual member of the commissions, their staff, or persons contracted by the commissions.
New Rule 1.10 (temporarily adopted as Rule 1.9 on 3/1/21) is amended and adopted as follows:
1.9 1.10	“Redistricting commission lobbyist” means a person who is contracted or compensated to communicate directly or indirectly, including through providing public comment, with a member of a redistricting commission for the purposes of aiding or influencing such redistricting commission or their staff. to advocate for the adoption or rejection of any map, amendment to a map, mapping approach, or manner of compliance with any of the mapping criteria specified in Article V, Sections 44.3 and 48.1 of the Colorado Constitution, or to otherwise aide or influence such commission in their constitutionally prescribed duties. A person representing a client on an uncompensated basis for the purposes listed above is a redistricting commission lobbyist.
[Not shown: renumbering current Rules 1.10 through 1.13 as Rules 1.11 through 1.14]
New Rule 4 concerning redistricting commission lobbyist requirements (temporarily adopted on 3/1/21) is amended and adopted as follows:
Rule 4.	Redistricting commission lobbyists
4.1	Registration
4.1.1	A redistricting commission lobbyist must register electronically via the Secretary of State’s website. The registration must contain: 
(a)	The redistricting commission lobbyist’s full name, email address, business address, and business telephone number;
(b)	The name, address, and telephone number of all clients that contract with or compensate the redistricting commission lobbyist;
4.1.2	There is no registration fee for a redistricting commission lobbyist. 
4.1.3	If applicable, a person, who is already registered with the Secretary of State’s office as a professional lobbyist must also register as a redistricting commission lobbyist.
4.2	Disclosure
4.2.1	A redistricting commission lobbyist must disclose, within 72 hours:
(a)	Any contracts executed to engage on behalf of a client in communication directly or indirectly with a member of a redistricting commission for the purposes of aiding or influencing such redistricting commission or their staff in their constitutionally prescribed duties, including the start date and end date of such a contract; 
(b)	Any compensation received to engage on behalf of a client in communication directly or indirectly with a member of a redistricting commission for the purposes of aiding or influencing such redistricting commission or their staff in their constitutionally prescribed duties, including the value of any non-monetary compensation; or
(c)	Termination of any contract.
4.2.2	A redistricting commission lobbyist must disclose the applicable commission. 
4.3	Complaints. Any person who believes that a redistricting commission lobbyist is not complying with this Rule 4, may file a complaint with the Secretary of State in accordance with Rule 5.1.
[Not shown: maintaining the renumbering amendments that were temporarily adopted on 3/1/21 concerning current Rules 5 through 7]
Rules 5.5.2, 5.5.3, 5.6.3 (maintaining the renumbering and updated cross-references that were temporarily adopted on 3/1/21):
5.5.2	If the division conducts an investigation, it will do so within 28 days from the date of the notification sent in Rule 5.3. The division may extend this time period at its discretion.
5.5.3	If, after its investigation, the division does not have reasonable grounds to believe that a violation of section 24-6-301 et. seq. C.R.S. has occurred, or otherwise concludes that enforcement pursuant to Rule 5.6 is not warranted then the division must make a motion to the Secretary of State or their designee to dismiss the complaint as a final agency decision.
5.6.3	Following a hearing under Rule 5.6.1, the Secretary of State or their designee may dismiss the complaint or take any of the actions listed in Rule 5.6.1. The decision following a hearing is a final agency decision.