Pursuant to C.R.S. 24-6-303(1.3)(a), and the rule-making provisions of the State Administrative Procedure Act at C.R.S. 24-4-103.5, I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary adoption this 2nd day of July, 2001, effective this date, of Temporary Rule 1, "Fees," of the Rules Concerning the Regulation of Lobbyists.

Donetta Davidson
Secretary of State

Signed
By William A. Hobbs
Deputy Secretary of State

Date July 2, 2001

Statement of Findings and Reasons for Temporary Adoption

Office of the Secretary of State
Rules Concerning the Regulation of Lobbyists

Temporary Rule 1 - Fees

The Secretary of State finds that immediate adoption and prompt effectiveness of this rule are imperatively necessary to comply with law, and that compliance with the full requirements of section 24-4-103 C.R.S. would therefore be contrary to the public interest, for the following reasons.

The statutory requirements for professional lobbyist registration fees and for rules setting such fees (C.R.S. 24-6-303[1.3][a]) were enacted by the 2001 Legislative Session with an effective date of July 1, 2001. The initial registration filing pursuant to these new requirements is due by July 15, 2001. This registration filing deadline is specified at section 8, "Effective date." of SB 01-21, which added subsection (1.3)(a) to C.R.S. 24-6-303.

The brevity of the time period between the effective date of governing statutory provisions and the assessment of the first of the mandated filing fees necessitates temporary rulemaking in order to comply with the law.

Statement of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Rules Concerning the Regulation of Lobbyists
Temporary Rule 1 - Fees

Basis and Purpose

This rule is based upon the requirements of C.R.S. title 24, article 6, part 3, "Regulation of Lobbyists," specifically the professional lobbyist registration fee provisions that were added to 24- 6-303 by Senate Bill 01-21 during the 2001 Legislative Session, as well as upon Department of State cost estimates for processing, maintaining, and providing electronic access to the lobbyist information filed with the Secretary of State.

The purpose of this rule is to set filing fees for lobbyist registrations, pursuant to C.R.S. 24-6-303 (1.3)(a). Subsection (1.3)(a) mandates such fees, and specifically requires that the actual fees charged "be set by the secretary of state by rule...at a level that offsets the cost to the secretary of state of providing electronic access to the information pursuant to section 24-6-304(2) and in processing and maintaining the disclosure information required by this part 3."

Specific Statutory Authority

This rule is promulgated in accord with the Colorado Administrative Procedure Act, C.R.S. 24-4- 103, "Rule-making procedure," and pursuant to the specific authority granted to the Secretary of State by the Lobbyist Regulation Law at C.R.S. 24-6-303, "Registration as professional lobbyist..." and at C.R.S. 24-6-305(2)(b), "Powers of the secretary of state - granting and revoking of certificates - barring from registration."

Rules Concerning the Regulation of Lobbyists

Temporary Rule 1 - Fees

Effective July 1, 2001, the fees authorized by CRS title 24, article 6, part 3, "Regulation of Lobbyists", shall be as follows.

(1) The fee for manual filing of a professional lobbyist registration statement shall be $50, except that the fee for a registration statement for state fiscal year 2001-2002 that is filed in writing before January 1, 2002 shall be $25 if the registering lobbyist requests to file electronically, and does file electronically, all FY01-02 disclosure reporting that is due on or after January 1, 2002.

(2) The fee for electronic filing of a professional lobbyist registration statement shall be $25, provided that the registering lobbyist requests to file electronically, and does file electronically, all monthly disclosure reporting in connection with the registration.

(3) The fee for electronic filing of a professional lobbyist registration statement shall be $40 if the registering lobbyist does not request to file electronically, or does not file electronically, all monthly disclosure reporting in connection with the registration. If a lobbyist requests to file electronic monthly disclosure reporting at the time of registration and subsequently files any disclosure manually, the remaining $15 of the fee set by this subsection (3) shall be due and payable at the time of manual filing of the written disclosure statement.