1975, November, Pg. 2298. LEGISLATIVE ACTION REPORT.

• Author: by Gordon G. Gauss

4 Colo.Law. 2298

Colorado Lawyer

1975.

1975, November, Pg. 2298.

LEGISLATIVE ACTION REPORT

2298Vol. 4, No. 11, Pg. 2298LEGISLATIVE ACTION REPORTby Gordon G. GaussPublic relations and legislative counsel

Lawyers who represent clients before the Colorado General Assembly or its committees when the legislature assembles next January 7 will find some new rules covering their activities. Some who never have registered as lobbyists will find they are required to do so. Also, they are directed to report on fees and expenses.

The basis for the change is a new opinion covering lobbying sections of the state's so-called "Sunshine Law" issued by Atty. Gen. John D. MacFarlane to Secretary of State Mary Estill Buchanan, who administers the act.

The law---adopted by voters at the 1972 election---remains unchanged, but MacFarlane's opinion differs from the interpretation made previously by John P. Moore when he was attorney general.

The situation is pinpointed in a memorandum supplied by Thomas T. Grimshaw, co-chairman of the Colorado Bar Association legislative committee, digesting the attorney general's September 15 opinion. Research was done by the staff in Grimshaw's office.

The memorandum notes that MacFarlane stresses the Colorado act should be very broadly interpreted to favor the public at large and that the purpose of the section on lobbying is to ensure full disclosure of lobbying activities rather than to prohibit or regulate them. It observes that the late Chief Justice of the United States Supreme Court, Earl Warren, held that the Federal Regulation of Lobbying Act should be construed narrowly and that the Colorado law was patterned along lines of the federal law.

The Grimshaw memorandum says the attorney general interprets the Colorado act this way:

"Any person, including corporations, law firms, etc., who, himself, or through any agent, solicits, collects or receives money to influence legislation or legislative decisions (including those of a board or commission of the general assembly) must file disclosure statements under C.R.S. 1973, 26-6-302.

"This includes a person who is merely reimbursed expenses for engaging in such covered activities; he, too, must file disclosure statements.

"If he is paid for such activities, or [in MacFarlane's opinion] if he expects to be paid, he must, before engaging in the activities...