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[BEFORE THE SECRETARY OF STATE STATE OF COLORADO FINAL AGENCY DECISION RE: LOBBYIST COMPLAINT FILED BY COLORADO ETHICS WATCH AGAINST AMERICAN LANDS COUNCIL "THIS MATTER came before Suzanne Stiert, Deputy Secretary of State, pursuant to § 24-4 105, C.RS. 2015), ater complainant Colorado Ethics Watch (“Ethics Weteh”) filed a complaint ‘with the Secretary of State "ihe Secretary”) alleging that Respondent American Lands Council ALC") or one of more of itsemplayees had violated Colorado las and regulations governing lobbyist registration and disclasure ‘The complaint alleged in pertinent part that ALC had engaged in lobbying via a “profesional lobbyist,” as defined by §24-4-301(6), RS. (201), without ist registering with the Secretary and complying with various dselosure requirements. The communication that gave rset this allegation was an “email action alert” that ALC sent toa large distribution list with information ‘bout an upcoming hearing on Senate Bill 15-232. The email encouraged its recipients to “consider attending the hearing to show... support forthe bill” and, fr those unable to attend in person, urged them to “send [fhe] Commitee Members an email leting them know that you support SB 15-232 andthe study ofthe transfer of Public Lands in Colorado..." I identified the ‘members of the Senate Agriculture, Naural Resources, and Energy Committee and listed th contact information, ‘As authorized by § 24-6-305(2)(), C.R'S. (2015), Department of State staff investigated the allegations in Ethics Watch's complaint. ALC responded to the Department's initial inquiries but not to several follow-up questions sent in August 2015. However, in an email dated October 30, 2015, ALC’s president, Ken Ivory, dd respond tothe Notice of Hearing that issued on (October 4, 2015. That correspondence addressed some ofthe follow-up questions tansmited during the investigative phase Revised. Statues) Thus, 1 believe that you are comet that lobbying includes actives by corporate employees to encourage other persons to contact public officials to support or oppose official tection, such as when a corporation sends letters to cutlomers urging them to cosact their “pislatrs to support or oppose pending legislation. However, an individual who cases out such activities would be required to register and report, nly ifthe individual qualifies as a “professional lobbyist. (Sections 24-6-303 (1) and 46-302 (25), CRS.) A professional lobbyist is defined os “any individual who engages himself or is engaged by any other person fr py oF for any consideration for lobbying”. (Sesion 24-6-301 (6, CRS) Ia corporation directs an employee to use paid worktime to carry out ectvites that fall under the definition of “lobbying”, then it would appear that the employee i, atleast technically, a professional lobbyist, and therefore subject to reisration and reporting. It such corporate “lobbying” is sufficiently minimal, it could be argued that it would not be reasonable fo expect registration and reporting. An example might be a one-time orcurence, ‘here a corporate newsleter includes a small item encouraging readers to contact legislators trging them fo support or oppose a particular bll When there is any doubt, however, we encourage people 1 er on the side of egisation snd ‘eporting. Full disclosure furthers the purposes of the lbbyiet law. Furthermore, egisltors lave exprested a strong desire to know Who is behind any organized effort chat results in phone ‘ll, letra, and e-mails them about parca legislation. If a corporation is engaging inthe activity you described in your leer, couple wi the ‘obbyst regulation lew might be achieved by having one individal register and report on bebalf ‘ofthe corpomtion (presumably, a person who is directing the communications), and then having that person repor all ofthe earporaon’s activites and expenses in his or her report, In oer ‘words, the etvitis undertaken by support personnel and other persons acting a he request of the principal “lobbyist” would be reported onthe principal's repor. See section 24-6:301 (3.5) (@),CRS, which provides as follows: 24-6301. Definitions. As used in his par 3, unless the context otherwise require: 5) (‘Subject the exclusions and provisions of this paraerep (0), or the purpose of termining when contributions and expeoditures become repocale in dslosresaterens, “otying”inclodesnetvesunderaken by the person engaging lo8bying An rab Ang schiseguest to prepare fr fbbving whieh in fac altmatly oceurs,... (Emphasis added) | hope this is helpful. We appreciate your interest in compliance with Colorado law on lobbying If we can be of furher assistance, please conact us aguin. Our program lead in the aea of lobbyist registration is Dorothy Ferran, who may be reached at 303-894-2200, extension 6304, Very truly yours, Cte, Hobe, Wiliam A. Hobbs Deputy Secretary of State

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