LobbyComply Blog

The Colorado General Assembly adjourned sine die for the 2021 session shortly before 8 p.m. on June 8 after debating a controversial climate bill on the House floor.

During the session, a bill was passed relating to local government election codes. Senate Bill 21-160 clarifies that, when computing time for any designated period of days for a local government election, the first day from which the period of days runs is excluded and the last day from which the period of days is included.

The bill also provides a process for dividing a special district into separate director districts and for members to be elected from each director district at large or by the electors within each director district.

The bill takes effect following the expiration of the 90-day period after final adjournment of the General Assembly.

The Colorado Secretary of State will host a rulemaking hearing April 19 on proposed amendments to Colorado Secretary of State Rules Concerning Lobbyist Regulation (8 C.C.R. Section 1505-8).

The proposals amend the definition of redistricting commission lobbyist as a person who is contracted or compensated to communicate directly or indirectly, including through providing public comment.

The proposal further provides such communication would be with a member of a redistricting commission as a whole, with an individual member of a redistricting commission, or with redistricting commission staff, to advocate for the adoption or rejection of any map, amendment to a map, or to otherwise aid or influence such redistricting commission, commissioner, or staff.

The hearing will begin at 3:00 p.m. and will conclude at the end of public comment.

The City Council in Aurora, Colorado passed an ordinance to create lobbyist registration and reporting requirements in the city.

Ordinance 2021-08 requires lobbyists to register their clients and income with the City Clerk and submit quarterly, detailed activity reports by January 15, April 15, July 15 October 15 of each year.

City council members, city staff, commission members, and zoning officials will also have to disclose activities with lobbyists.

Lobbyists who do not comply with the regulations could lose the ability to influence city officials on matters from development to zoning rules, permits, and city contracts, face possible expulsion and up to $2,500 fines per charge.

The ordinance passed on March 22 with one nay vote.

Ordinance 21-08 will become effective on August 1, 2021. This effective date was suggested to allow time for the implementation of a platform the city will use for reporting and developing training materials.

The Colorado Secretary of State temporarily adopted lobbyist rules 8 C.C.R. 1505-8 on March 1, defining and establishing new requirements for redistricting commission lobbyists.

The new rules define redistricting commission lobbyist as a person who is contracted or compensated to communicate directly or indirectly with a member of a redistricting commission for the purposes of aiding or influencing such redistricting commission or their staff. Additionally, the rules require those who are registered as professional lobbyists to electronically register as a redistricting commission lobbyist and disclose all clients that contract with or compensate them.

The secretary of state also issued a notice of rulemaking to consider permanent adoption of the temporary rules.

The virtual public rulemaking hearing is scheduled for April 19 at 3 p.m.

The Colorado Legislature will convene for the 2021 regular session on January 13.

However, it is expected to pause soon after until February 16 due to growing COVID-19 concerns in the state.

Lawmakers will convene to address urgent business, including swearing in new members, as quickly as possible before temporarily pausing the session.

The tentative plan is to resume February 16 when leaders hope the peak of the pandemic will have subsided. However, work may resume earlier if there is an emergency that requires immediate attention.

This does not affect lobbyist reporting.

Colorado Gov. Jared Polis announced the start date of the previously announced special session on COVID-19 relief to begin November 30 at 10 a.m.

Among the action items to be addressed during the session are childcare support, housing and direct rental assistance, food insecurity, and public health response.

It is expected to take at least three days to approve the legislation. A professional lobbyist must disclose within 72 hours if a lobbyist agrees to lobby for an existing client or takes a new position in connection to legislation, standard, rules, or rates during a special session.

The Colorado General Assembly is preparing for a special session to provide more relief to those impacted by COVID-19.

Gov. Jared Polis wants lawmakers to take immediate action on elements of his $1.3 billion stimulus package. This would include relief for restaurant owners and other small businesses.

The special session is expected after the Thanksgiving holiday, before lawmakers return on January 13 for their next regular session. It will take at least three days to approve the legislation.

A professional lobbyist must disclose within 72 hours if a lobbyist agrees to lobby for an existing client or takes a new position in connection to legislation, standard, rules, or rates during a special session.

Two Fort Collins City Council campaign finance ordinances were approved for final passage on September 15.

Ordinance 109-2020 will allow unexpended campaign contributions to a candidate committee to be contributed to a candidate committee established by the same candidate for a subsequent campaign in a city election or to a candidate committee established after January 1, 2021.

The ordinance will also reduce the penalty for certain lower-level campaign finance violations from a criminal misdemeanor to a civil penalty.

Ordinance 112-2020 requires donations from LLCs to include statements that attribute the donation to specific LLC members.

The donations attributed through an LLC will then count toward individual donation limits.

Ordinance 112-2020 will also place a $100 cap on donations to political committees.

Both ordinances will become effective 10 days from the date of final passage on September 25.

Fort Collins City Council approved several campaign finance changes on September 1 that will take effect in time for the April 2021 city election.

The amendments include limits to how much individuals can contribute to limited liability corporations and political committees to support or oppose city races.

City Council voted 5-2 on the political committee and LLC contribution changes. This included votes in opposition from Mayor Wade Troxell and council member Ken Summers. In addition, council unanimously approved several other election code changes. The changes will apply to municipal elections for council seats, the mayoral race, and city ballot measures.

Current code allows LLCs to donate up to $75 to a candidate committee for a City Council member, or $100 to a committee for a mayoral candidate, which is the same limit for an individual. Because one person can be a member of multiple LLCs, people could bypass individual donation limits. This bypass could be accomplished by donating through various LLCs. Election finance records show this has happened in previous Fort Collins elections.

The amendment will bring this requirement into alignment with the state election code. The current code requires donations from LLCs to include statements that attribute the donation to specific LLC members. The donations attributed through an LLC will then count toward individual donation limits.

The political committee amendment will place a $100 cap on donations to political committees. There is currently no limit on contributions to political committees. This occurs when two or more people who come together to accept contributions or make expenditures to support or oppose one or more candidates.

The amendments will be presented for final passage on September 15.

The Colorado Legislature adjourned sine die on June 15 after an unprecedented session.

The session originally began on January 8 with a focus on school safety and funding education. On March 14, the session was postponed to curb the spread of COVID-19.

When lawmakers resumed in May, the session quickly shifted to balancing the state budget in response to the economic effects of the COVID-19 pandemic.

Lawmakers were also able to pass legislation introducing a sweeping set of reforms for law enforcement in the state.

This reform is including a ban on chokeholds and a provision requiring officers to intervene if they see the use of excessive force.

With the legislative work wrapped up, the focus is now shifting to the November election.

Gov. Jared Polis must still give his final approval on many of the bills approved in the final weeks by the state legislature.

Democratic leaders in Colorado’s General Assembly announced the temporary suspension of the legislature will continue until the day after Memorial Day on May 26.

The regular session was originally suspended on March 14 to prevent the spread of COVID-19.

Colorado lawmakers said the move to resume on May 26 was to ensure additional time for preparations, including safety protocols.

Additionally, clarity on potential congressional action that could impact the state budget will be made certain.

The announcement to extend the suspension of the session took some Republican lawmakers by surprise.

Republican Sen. Paul Lundeen said lawmakers need to start weighing in and addressing critical questions facing unemployment sooner rather than later.

The Colorado General Assembly tentatively plans to return from recess on May 18.

Lawmakers set the date during an April 8 meeting at the closed Capitol.

They also indicated it may change depending on the status of the COVID-19 public health crisis.

The General Assembly has flexibility to extend the session beyond the original May 6 adjournment date.

The timeline to resume is guided by the need to finish the state budget.

The House and Senate did not put an end date on the legislative term and continue to refine the agenda for the remainder of the session.

This does not affect lobbyist reporting.

The Colorado House and Senate convened for one day on March 30.

However, lawmakers took different approaches to returning from the General Assembly’s COVID-19 recess.

The House recessed until Thursday, April 2.

Lawmakers in the House based their decision on the constitutional provision allowing for a three-day recess without formal agreement from both chambers.

The Senate, however, postponed indefinitely based on another interpretation.

The Senate interpretation allows the General Assembly to remain recessed without setting an exact date to reconvene.

On April 2, the House is expected to meet briefly and recess again for an unspecified period of time.

This does not affect lobbyist reporting.

Additionally, the General Assembly is still considered to be in regular session for purposes of restrictions on contributions from lobbyists during the session, as the General Assembly has not adjourned sine die.

Even with the Capitol closed and the legislative session suspended, Colorado lawmakers are working behind the scenes to craft legislation addressing COVID-19.

Lawmakers are considering a pay hike for Colorado National Guard members activated in response to the spread of the virus.

The Democratic majority in the House plans to prioritize continued downpayment of the debt owed to school districts.

Other conversations include how to provide immediate relief to businesses.

Industries eligible for relief include the retail and restaurant sectors, where most of the layoffs are occurring.

While the General Assembly temporarily recessed the legislative session to March 30, it is becoming increasingly unlikely the term will resume on that date.