Ethics Watch April 30, 2015 Honorable Wayne Williams Secretary of State of Colorado 1700 Broadway, Suite 250 Denver, CO 80290 VIA EMAIL: lobbyisi@sos.state.co.us and a.lawson@sos.state.co.us RE: Lobbyist Complaint Regarding American Lands Council Dear Secretary Williams: Pursuant to C.RS. § 24-6-305(2)(c) and Rule 5.2, 8 CCR 1505-8, please accept this letter and the accompanying exhibits as a complaint regarding possible violations of the Lobbyist Regulation and Registration provisions of Colorado law by American Lands Council (“ALC”) and/or individual employees of ALC. Specifically, it appears that ALC has engaged in lobbying under Colorado law without registering any lobbyist or reporting any income or expenses on lobbying. FACTS ALC is a nonprofit organization with the stated mission “to secure local control of western public lands by transferring federal public lands” located at 859 W. South Jordan Parkway. 100, South Jordan, Utah 84095. ALC appears to employ an organization President and four staff members, none of whom is identified as a lobbyist in title or job description? On or about April 22, 2015, ALC sent an email action alert to an unknown number of persons, including Colorado residents, regarding legislation pending in the Colorado General ‘Assembly. (Exhibit 1). The email stated that the Colorado Senate Agriculture, Natural Resources and Energy Committee hearing for Senate Bill 15-232 (concerning the transfer of public lands) was scheduled for April 23, 2015. In asking for the email recipient's support for this pending legislation, the email stated: If you can’t make it in person, you still have the ability to substantially affect the outcome of the hearing. Below are the names of the committee members along with their email addresses. Will you please send these Committee Members an email letting them know that you support SB 15-232 and the study of the Transfer of Public Lands in Colorado? If you choose to send ‘an email please be positive and polite. * American Lands Council, Our Mission, http:/www.americanlandscouncil.org/our_mission (last accessed April 29, 2015). American Lands Council, Our Team, hitp://www,americanlandscouncil.org/our_team (last accessed April 29, 2015). 1690 Welton Steet, Suite 203, Derwer CO 80202 | 303.626.2100 phone | 3036262101 fax | wwwcoloradoforethicsorg <<"(Exhibit 1, emphasis in original). The email continued to list the names and email addresses of all nine Colorado Senators on the committee, before suggesting email recipients direct those Senators to ALC for further information on the bill: If you'd like to provide more information to these elected officials, feel free to direct them to the American Lands Council websit AmericanLandsCouncil.org. (Exhibit 1). In the Department of State Lobbyist Database, there appears to be no registered Colorado professional lobbyist or lobbying firm for the principal “American Lands Council.” (Exhibit 2). ‘There also does not appear to be any listing for a professional lobbyist or lobbying firm registered for American Lands Council under a bill search for Senate Bill 15-232. (Exhibit 3). APPLICAB) W Under Colorado law, “professional lobbyist” is defined as any individual who is “engaged by any other person for pay or for any consideration for lobbying.” C.R.S. § 24-6- 301(6). Any such individual who is receiving any pay for lobbying in Colorado, must register with the Secretary of State “before engaging in lobbying” under C.RS. § 24-6-303(1). Registered lobbyists are also required to file monthly and annual disclosure statements with the Secretary’s office listing any “gross income for lobbying.” C.R.S. § 24-6-302(3)(a) & (b). It is also unlawful under Colorado law for any person (which includes a corporation) to employ or pay any individual “to engage in lobbying” who is not registered with the Secretary. C.R.S. § 24- 6-307. ‘The definition of “lobbying” which triggers these registration and reporting requirements includes “soliciting others to communicate, with a covered official for the purpose of aiding in or influencing” the consideration of any bill pending in the Colorado General Assembly. C.R.S. § 24-6-301(3.5)(a(I)(A). Members of the General Assembly are defined “covered officials” under CRS. § 24-6-301(1.7)(2). Pursuant to these provisions, ALC’s email campaign asking citizens to contact specific members of the General Assembly regarding the consideration of a specific bill pending in a ‘Senate committee would be considered “lobbying” and should trigger the registration and reporting requirements. The ALC email appears to have been sent by a paid ALC employee using office resources. Therefore, ALC appears to have violated C.R.S. § 24-6-303(1) by not registering a lobbyist before engaging in lobbying through this email campaign. It is also possible that one or more ALC employees have violated C.R.S. §§ 24-6-303(1) and 24-6-302(3) by acting as paid professional lobbyists without registering or reporting with the Secretary. Finally, either ALC as an entity and/or an individual employee appear to have unlawfully employed an unregistered person to lobby in violation of C.R.S. § 24-6-307.The Secretary should investigate this complaint pursuant to C.R.S. § 24-6-305(2)(c) and Rule 5.2, 8 CCR 1505-8, and take appropriate action under C.R.S. § 24-6-305 and possible referral for prosecution on C.R.S. § 24-6-309. ‘Thank you for your prompt attention to this matter. Very tpaly yours, sir” ea /S- Director SEGEN NOTARY PUBLIC ‘STATE OF COLORADO NOTARY 0 20134000654 MY COMMISSION EXPIRES JANUARY 24, 2017Exhibit 1Peg Peri; Luis Toro Fwd: URGENT: Land Transfer Study Bill Hearing in Colorado. —- Forwarded message ~ From: Ameriean Lands Couneil Date: Wed, Apr 22, 2015 at 4:37 PM Subject: URGENT: Land Transfer Study Bill Hearing in Colorado aco gReeamdenn aA Taser NN ACCESS - HEALTH - PRODUCTIVITY Tomorrow, Thursday April 23, 2015, the Agriculture, Natural Resources, and Energy Senate Committee in the Colorado Legislature will be holding a hearing to discuss Senate Bill 15- 232 (Concerning the Creation of the Colorado Federal Land Management Commission to the Transfer of Public Lands in Colorado from the Federal Government to the State) and the Committee Members NEED YOUR SUPPORT! Wondering how you can help? There are two easy ways + Ifyou will be near the capitol tomorrow please consider attending the hearing to show your support for the bill and for the Transfer of Public Lands. The hearing will be held in room SCR 353 and will begin at 1:30 pm. Additional committee information can be found here. + Ifyou can't make it in person, you still have the ability to substantially affect the ‘outcome of the hearing. Below are the names of the committee members along with their email addresses. Will you please send these Committee Members an email letting them know that you support SB 15-232 and the study of the Transfer of Public Lands in Colorado? If you chose to send an email please be positive andJerry Sonnenberg, Chair (SB 15-232 Sponsor) senatorsonnenberg@gmail.com Ellen Roberts, Vice-Chair ellen.roberts.senate@stefe.co.us pitas ee randy. baumgardner.senate@state.co.us John Cooke john.cooke.senate@state.co.us Kerry Donovan kerry.donovan.senate@state.co.us Leroy Garcia leroy.garcia.senate@state,co.us Mary Hodge mary.hodge.senate@state.co.us Matt Jones: sSenatormattjones@gmail.com Ray Scott ray.scott.senate@state.co.us If you'd like to provide more information to these elected officials, feel free to direct them to the American Lands Council website: AmericanLandsCouncil.org. There are many resources available on our site, I would recommend our Policy Statement as a great place to start: http://www.americanlandscouneil,org/policy_statements. 3 There is also a Law Review article that explores the legal arguments of the Transfer of Public Lands. This is also a great resources for elected officials. The law review can be found here: _http/www.americanlandscouncil.or Jaw revi ublic lands act. For those Senators interested in the financial side of the Transfer of Public Lands, a report recently published by the Property and Environment Research Center in Montana explains why states can afford to manage lands. The report can be found here: hitp:/www.americanlandscouncil.org/pere_report_on_federal_lands_mismanagement, ‘Thank you for your continued active support for the Transfer of Public Lands! Together we can make the Transfer of Public Lands a reality. If you have any questions or concems feel free to contact our office at 801-252-6622 or email ‘Shelby@AmericanLandsCouncil.org. American Lands Council http:/www.americanlandscouncil.org/ ‘American Lands Council - 859 W South Jordan Pkwy, 100, South Jordan, UT 84095, United States This email was sent to Jfo stop receiving emails, click here Created with 1, the essential toolkit for leaders.Exhibit 2a2 Colorado Secretary of Stat - Principal Search ~~, Colorado PSR Wayne W. William: eee Principal Search «Your suareh ai not roar amy rma, lene try sin, Itpcpl i» buses Gren zation, = ganization american Lands Coun : 1 peeps an india incividual. Names co re es) pnw sos stat-coussebbyiSearchPrincpal do wuExhibit 3Bill Seach Results Looin 42 Found 36 matching record(s). Viewing page 2 of 2. Lobbyist Name(® Bill# Date Position Principal ‘Subject of Legislation 21 ORE, DIANNA L. $8.22 03/2016 Amending ASSOGIATED GOVERNMENTS OF NORTHWEST COLORADO. CO Federal Land Mgmt Commission “BGNO) 2201 Richard Benedict 8-732 05/2015 Amending ASSOCIATED GOVERNMENTS OF NORTHWEST COLORADO CO Federal Land Mgmt Commission 73 POLITICALWORKS. LLC. 88-232 09/2015 Montoing THE NATURE CONSERVANCY. ‘CO Federal Land Momt C 24 RUZZIN. MARK $B-292 09/2015 Opposing BOULDER COUNTY. 25 Siegel Public Affars LLC. $B-232 01V2015 Opposing Conservation Colorado. 26 Siegal Public Affairs LLC. $8.22 04/2015 Opposing Conservation Colorado. 32 WILLIAMS. DAN. '$B-232 09/2015 Moritoing American AgCredit SSIMILLIAMS. DAN '§8-232 03/2015 Monitoring COLO CATTLEMAN'S ASSN. 34 WILLIAMS. DAN. ‘88-232 03/2015 Monitoring COLO WOOL GROWERS ASSN. 236 WILLIAMS. DAN. 8-232 04/2016 Monitong COLORADO HORSE COUNCIL. ‘36 Wiliams. Eliot 8-232 03/2015 Opposing Conservation Colorado. Nw Search puma s0s sate cousioySuofectSearchRes is. d078emd=passao8pit=2itpuhwww sos sate cousatby/SearchSubject do Bill Seach Results mints 42 Found 36 matching record(s). Viewing page 1 of 2. '$8202 002015 Opposing Conservation Colorado. ederal Land Management Commission '$8.202 0072015 Monitoring COLORADO ASSOCIATION OF LOCAL PUBLIC HEALTH CO Federal Land Mgmt Commission -OEFICIALS 88.222 03/2016 Monitering Heal Dist. Norther Larimer County ederal Land Mgmnt Commission 58.222 09/2016 Amending Associated Govemments of Nathwes! Colo eral Land Mam Commission