House and Senate Rules for Lobbyists

Contents
House Rule 39: Lobbyists
House Rule 40: Registration of Lobbyists
Senate Rule 31: Use of Senate Chamber and Privileges
Joint Rule 36: Lobbying Practices

 

House Rule 39: Lobbyists

(a) For the purposes of this Rule and Rules 40 and 41 of the House, a lobbyist is any person defined as such in the Joint Rules of the Senate and House of Representatives.

(b) No lobbyist or member of the Governor's staff shall be admitted to the floor of the House:

(1) At any time the House is in session, including while it is sitting as a committee of the whole.

(2) Under any circumstances prior to 12 o'clock noon of any day the House is in session.

(3) Unless the lobbyist or member of the Governor’s staff is a former member of the House who has been admitted pursuant to Rule 38 (d).

(b.1) No member of the Governor's staff shall be admitted to the floor of the House:

(1) Unless the member of the Governor's staff has been authorized to be admitted by the Speaker, in his or her sole discretion, while the House is not considering or otherwise taking action on any legislation, including while it is sitting as a committee of the whole.

(2) Unless the member of the Governor's staff is a former member of the House who has been admitted pursuant to Rule 38 (d).

(c) A legislator shall not request a lobbyist or an employee of the General Assembly to make donations to any type of charitable organization.

(d) A legislator shall not request an employee of the General Assembly to make a donation to the legislator's campaign.

 

House Rule 40: Registration of Lobbyists

(a) Any lobbyist, except a volunteer lobbyist, desiring to observe the session of the House or to appear before any committee of the House shall first register as a lobbyist with the Secretary of State as required in Section 24-6-303 or 24-6-303.5, Colorado Revised Statutes. A volunteer lobbyist shall first register with the chief clerk.

(b) The sergeant-at-arms shall thereupon conduct said person to the desk of the chief clerk, where said person shall register in the record kept for that purpose, entering thereon his or her name, address, and the interest or interests he or she represents, and also the bill or bills upon which he or she desires to be heard. The chief clerk shall thereupon issue a card to said person, which card shall permit said person to appear before the committee or committees to which said bill or bills have been referred.

(c) At any meeting of any committee of the House, the chairman thereof, or a majority of the committee, may permit any interested person to address the committee upon said person's stating to the chairman his or her name and address and the subject upon which said person desires to be heard.

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Senate Rule 31: Use of Senate Chamber and Privileges

(a) No person not a member of the General Assembly or an officer or employee required to be on the floor of the Senate in the course of legislative business, other than the judges of the district and supreme courts, the Governor and elected state officers, members of the congressional delegation, ex-members of the Senate, duly accredited representatives of the state press, and such other persons as may be invited by the President or members of the Senate and families of members of the Senate, shall be admitted to the Senate chamber and adjoining cloak rooms or antechambers, and any such persons shall only be entitled to the quiet and orderly occupancy of the seats provided for visitors or for representatives of the press, and in no event to the privileges of the floor; except that former members of the Senate may address the members of the Senate regarding a Senate memorial, Senate joint memorial, or House joint memorial expressing sentiment on the death of any person who served as a member of the Senate pursuant to subsection (g) of this rule. Persons invited by members of the Senate shall occupy the seats in the rear of the floor of the Senate and on the sides, and any five Senators may demand that the Senate floor be cleared of persons invited by members of the Senate. Other persons shall be admitted to the galleries of the Senate or to the lobby located at the main entrance of the chamber. It shall be the duty of the sergeant-at-arms to enforce this rule.

The desks, materials, and papers of Senators are not to be touched by any person other than Senate employees under the direction of the sergeant-at-arms or the secretary of the Senate. Persons visiting the Senate chambers are not permitted to place material upon the desks of Senators. Any material that any person desires to have distributed to the desks of one or more Senators, except through the mail, must be delivered to the sergeant-at-arms. Such material must bear the name of the organization or person who was responsible for its preparation and distribution. It should be constructively stated and courteously expressed. If facts or statistics from other sources are used, such sources should be identified. Lobbyists and the public are encouraged to communicate with their Senators and to furnish to them factual data concerning the merits of legislative proposals. If the sergeant-at-arms has any question as to the propriety of the material to be distributed to the members of the Senate, the sergeant-at-arms shall consult the President of the Senate, or the presiding officer, or in the absence of both, the majority and minority floor leaders.Lobbyists shall not be permitted on the floor of the Senate unless the lobbyist is a former member who is otherwise authorized pursuant to this subsection (a) to address the members of the Senate regarding a Senate memorial, Senate joint memorial, or House joint memorial expressing sentiment on the death of any person who served as a member of the Senate.

(b) No committee of the Senate shall occupy the Senate chamber for public hearings on any matter, without permission having been granted by the consent of a majority of the members elected.

(c) At no time, whether the Senate be in session or not, shall any employee of the Senate, or any persons whatsoever other than the President or a Senator or a Representative be permitted to occupy the chair or use the desk of the President or that of any Senator.

(d) Any employee of the Senate or of its committees, soliciting or inviting any Senator to vote or influence any bill or matter before the Senate, shall be at once dismissed from service and employment; and any person entitled to the privileges of the floor of the Senate who shall, while on the floor during the session of the Senate, solicit or invite any Senator to vote or influence any bill or matter before the Senate shall forfeit the privileges of the floor of the Senate. Nothing in this subsection (d) shall prohibit an employee of the Senate or of its committees from exercising the same rights and privileges as other citizens of Colorado with regard to legislation of interest if such attempts are made away from the premises of the state Capitol and not while fulfilling the responsibilities of whatever position the employee has been hired to perform. In addition, nothing in this subsection (d) shall prohibit an officer or employee of the Senate from appearing as a witness before a committee of reference or other committee of the General Assembly to provide analysis, data, research, or statistics or any other similar factual information upon the request of any member of the committee or upon the request of the sponsor of a bill or other measure so long as the officer or employee does not urge the committee to vote for or against any bill or measure.

(e) Any person known as a lobbyist, except a volunteer lobbyist, as such term is defined in the Joint Rules of the Senate and House of Representatives, desiring to appear before any committee of the Senate shall first be registered with the Secretary of State as required in section 24-6-303 or 24-6-303.5, Colorado Revised Statutes. A volunteer lobbyist shall be registered with the chief clerk of the House of Representatives.

(f) There shall be no introduction of visitors or groups in the Senate gallery. Introduction of guests on the floor of the Senate shall be limited to the immediate families of members, former members of the Senate, present or former elected state officials, members of Congress, elected officials of other states or the United States, and foreign dignitaries. In addition, a senator may introduce and recognize any individual who is serving in the military, the family members of an individual who died in combat while serving in the military, or individuals who have been recognized statewide for a significant accomplishment or achievement or the members of an academic or athletic group or organization who have achieved a significant goal such as winning a league, state, or national title, competition, or championship. No introductions shall be made during deliberations by the committee of the whole or when the Senate is engaged in third reading of bills.

(g) At the discretion of the president, any former member of the Senate may be admitted to the floor of the Senate chamber in order to address the members of the Senate regarding a Senate memorial, Senate joint memorial, or House joint memorial expressing sentiment on the death of any person who served as a member of the Senate. Prior to the commencement of an address by a former member concerning a Senate memorial, senate joint memorial, or House joint memorial, the Senate shall recess for the purpose of hearing the address.

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Joint Rule 36: Lobbying Practices

(a) Definitions. As used in this Joint Rule, unless the context otherwise requires:

(1) "Lobbying" shall have the meaning set forth in section 24-6-301 (3.5), Colorado Revised Statutes.

(2) "Lobbyist" means a professional lobbyist or a volunteer lobbyist as defined in section 24-6-301 (6) and (7), Colorado Revised Statutes or any state official or employee, engaged in lobbying pursuant to section 24-6-303.5, Colorado Revised Statutes. However, such terms and the provisions of this Joint Rule shall only apply to lobbying which relates to the legislative process.

(b) Prohibited practices. No person engaging in lobbying shall:

(1) Attempt to influence any legislator or elected or appointed state official or state employee or legislative employee by means of deceit or by threat of violence or economic or political reprisal against any person or property, with intent thereby to alter or affect said legislator's, elected or appointed state official's, state employee's, or legislative employee's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or her or the agency or body of which he or she is a member;

(2) Knowingly provide false information to any legislator or elected or appointed state official or state employee or legislative employee as to any material fact pertaining to any legislation;

(3) Knowingly omit, conceal, or falsify in any manner information required by the registration and lobbyist disclosure reports;

(4) Become an active participant in the internal organization or leadership races of the General Assembly;

(5) Cause or influence the introduction of any bill or amendment for the purpose of afterwards being employed to secure its passage or defeat;

(5.5) File against another lobbyist a complaint subsequently found by the Executive Committee to be frivolous.

(6) Misappropriate or misuse state office supplies;

(7) Use state reproduction machines without paying for such use;

(8) Enter or use a legislator's or elected or appointed state official's or state employee's or legislative employee's office, phone, or parking space without explicit permission;

(9) Attempt to remove or remove any document from any legislative office, desk, file cabinet, reproduction machine, or any other place without explicit permission.

(10) Repealed. Senate Joint Resolution 13-036.

(c) Registration filing of disclosure statements disclosure of relationship with client.

(1) Any lobbyist, except a volunteer lobbyist, shall register with the Secretary of State in accordance with section 24-6-303 or 24-6-303.5, Colorado Revised Statutes. The Secretary of State should provide from the registration statements filed by lobbyists such information as the chief clerk of the House of Representatives and the secretary of the Senate request for purposes of conducting the business of the chief clerk and secretary and to provide legislators with information pertinent to the performance of their legislative duties. Such information should be updated at least monthly during the legislative session. This procedure shall be in lieu of any additional registration requirement of the House of Representatives or the Senate.

(2) A volunteer lobbyist, as defined in section 24-6-301 (7), Colorado Revised Statutes, shall register with the chief clerk of the House of Representatives.

(3) If the secretary of state learns of the existence of a substantial violation of part 3 of article 6 of title 24, C.R.S., by a person engaged in lobbying, the secretary of state shall promptly notify both the President of the Senate who shall notify all members of the Senate and the Speaker of the House of Representatives who shall notify all members of the House of Representatives. If such a notice is received and if a complaint pursuant to subsection (d) of this rule is filed, upon the adoption of a resolution, either house may restrict the access of the person identified in the notice to members, committees, and other activities of that house pending the outcome of the complaint.

(d) Violations complaint.

(1) Any person who has knowledge of a violation of any provisions of this Joint Rule may file a written complaint, signed by the complainant and describing the alleged violation, with any member of the Executive Committee. The President and the Speaker shall inform the person accused of a violation of the fact that a complaint has been filed, the nature of the complaint, and the name or names of the person or persons filing the complaint. As soon as possible after the complaint has been filed and notwithstanding the provisions of part 4 of article 6 of title 24, the Executive Committee shall meet in executive session to discuss the complaint. The President and the Speaker may ask the lobbyist complained against to provide an explanation of his or her understanding of the issues raised in the complaint for the purpose of assisting the Executive Committee in making a preliminary determination of whether or not the complaint appears to be meritorious. During the executive session, the Executive Committee may dismiss the complaint. If the complaint is dismissed prior to the appointment of a committee of legislators, the complaint shall remain confidential. If the Executive Committee finds that a complaint filed by a lobbyist against another lobbyist was frivolous, the Executive Committee may direct that the President and Speaker inform the accusing lobbyist of the finding and appoint a committee of legislators pursuant to paragraph (2) of this subsection (d).

(2) If the complaint is not dismissed, the Executive Committee may direct the President and the Speaker to appoint a committee of legislators to interview the parties involved, as well as any other persons who may be able to provide relevant information, and to present to the Executive Committee such facts and information obtained. Once a committee is appointed, the President and the Speaker shall provide the person who is the subject of the written complaint with a copy of the written complaint.

(3) The committee shall consist of one legislator appointed by the Speaker of the House of Representatives, one legislator appointed by the President of the Senate, and one legislator designated by the two appointees. No more than two members of the committee shall be from the same political party. The legislators appointed to the committee shall have no personal interest in the alleged violation and shall have no business interest in or affiliation with the complainant or the alleged violator.

(4) All proceedings of the committee shall be public. The accused shall be entitled to be present during the proceedings. The committee members shall submit a report to the Executive Committee.

(5) After receiving the facts and information from the committee and after such facts and information have been provided to the person who is the subject of the written complaint, the Executive Committee shall act on said complaint at its next meeting or at a special meeting called for that purpose; however, the person who is the subject of the written complaint shall receive a reasonable opportunity to be heard by the Executive Committee and has the right to be present during its deliberations. The Executive Committee may dismiss the complaint or, if it determines that said violation occurred, it may prescribe such remedial measures as it deems appropriate, including, but not limited to, suspension of lobbying privileges before the General Assembly or any of its committees, or it may issue a letter of admonition or recommend a resolution of censure to be acted upon by the General Assembly. If the Executive Committee of the Legislative Council finds that the issuance of subpoenas is necessary in any such investigation, it may request such power, in accordance with Joint Rule No. 33, from the General Assembly or when the General Assembly is not in session from the entire Legislative Council.

(6) Repealed. Senate Joint Resolution 13-036.

 

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