For Consideration at Rulemaking Hearing on September 26, 2001

RULE 1. FEES

(1) The fee for manual filing of a professional lobbyist registration statement shall be fifty dollars ($50.00); except that, the fee for a registration statement for the fiscal year beginning July 1, 2001 that is filed in writing before January 1, 2002 shall be twenty-five dollars ($25.00) if the registering lobbyist requests to file electronically, and does file electronically, all monthly disclosure statements for the fiscal year that are due on or after January 1, 2002.

(2) The fee for electronic filing of a professional lobbyist registration statement shall be twenty-five dollars ($25.00), provided that the registering lobbyist requests to file electronically, and does file electronically, all monthly disclosure statements for the fiscal year.

(3) The fee for electronic filing of a professional lobbyist registration statement shall be forty dollars ($40.00) if the registering lobbyist does not request to file electronically, or does not file electronically, all monthly statements in connection with the registration. If a lobbyist requests to file electronic monthly disclosure statements at the time of electronic registration and subsequently files any disclosure statement manually, the remaining fifteen dollars ($15.00) of the fee set by this subsection (3) shall be due and payable at the time of manual filing of the written disclosure statement.

RULE 2. ELECTRONIC FILING C.R.S. 24-6-303(6.3)(a), (6.3)(b)

(1) Any professional lobbyist who wishes to file a registration statement and monthly disclosure statements electronically shall first submit a request therefor to the secretary of state. The request shall be submitted either by transmitting an electronic request form over the Internet or by submitting a request by e-mail, as may be directed by the secretary of state’s web site. The request shall contain:

(a) The lobbyist’s name and the name(s) of any authorized agent(s) who may file on the lobbyist’s behalf;

(b) The lobbyist’s current, valid contacting information including mailing address, contact telephone number, and e-mail address;

(c) An affirmation by the lobbyist that any identification number and password issued by the secretary of state will not be disclosed by the lobbyist to third parties, except for authorized agents of the lobbyist, and that the identification number and password will not be used in an unauthorized manner;

(d) An agreement by the lobbyist to report promptly to the secretary of state any changes to the lobbyist’s mailing address, contact telephone number, and e-mail address;

(e) An agreement by the lobbyist to report any theft, loss, or compromise of the lobbyist’s identification number or password;

(f) An agreement by the lobbyist that the secretary of state may terminate the electronic filing status for any of the following reasons:

Failure to keep contact information current with the secretary of state;

Disclosure to any unauthorized person(s) or misuse of the assigned identification number or password;

Termination of lobbyist status; or

Other good cause shown.

(g) Such additional information as the secretary of state may require in order to establish and maintain an accurate, accessible, secure, electronic lobbyist filing and information system.

(2) Promptly after receiving a request for electronic filing as provided in this Rule, the Secretary of State shall assign the professional lobbyist a unique identification number and password and e-mail such number and password to the professional lobbyist at the e-mail address furnished by the professional lobbyist in the request for electronic filing. The identification number and password shall remain valid unless terminated by the secretary of state or the lobbyist; except that, the electronic filing system established by the Secretary of State may enable the professional lobbyist to change his or her password within limitations prescribed by the Secretary of State.

(3) Any professional lobbyist to whom the secretary of state has issued a lobbyist identification number and a password may file registration statements and monthly disclosure statements electronically. Electronic filings shall be in the format and on forms prescribed by the secretary of state from time to time.

(4) The electronic disclosure statement form shall provide a space to list specific bill numbers and a brief description of the subject matter. Any information on bills may be carried over from month-to-month with a provision to add new information or to delete information no longer relevant.

(5) When a lobbyist utilizes the electronic filing system to submit to the secretary of state, with the identification number and password assigned as provided in this Rule, a registration statement or disclosure statement, such submission shall constitute the lobbyist’s electronic signature as provided by section 24-71.1-106, Colorado Revised Statutes, under penalty of perjury as provided by law.

RULE 3. PUBLIC ACCESS C.R.S. 24-6-304 (2) (b)

The secretary of state shall provide the public with electronic access over the Internet to all lobbyist filings and information exclusively on a "read only" basis.

RULE 4. WAIVER OF FEES C.R.S. 24-6-303 (1.3) (a)

Upon written request, the secretary of state may waive the registration fee for a professional lobbyist who meets one or more of the following conditions:

(1) The lobbyist derives his or her lobbyist compensation solely from the organization;

(2) The lobbyist’s nonprofit organization is operating under financial hardship conditions; or

(3) The lobbyist will have particular interest in only one issue or bill and does not intend to lobby throughout the State fiscal year.

RULE 5. DEFINITION OF PROFESSIONAL LOBBYIST C.R.S. 24-6-301(6)

A professional lobbyist includes a person who is paid to watch or track legislation, and such a person shall register as a professional lobbyist and file all required monthly disclosure statements.

RULE 6. DISCLOSURE OF GIFTS/ENTERTAINMENT C.R.S. 24-6-301 (1.9) (a) (IV)

In addition to any other information currently required by law to be disclosed, a lobbyist shall also disclose specific gifts with a value of fifty dollars ($50.00) or more such as tickets or money paid by the lobbyist for such tickets.