Colorado Politics

Gov. Jared Polis vetoes bill requiring disclosure from administration lobbyists

Gov. Jared Polis on Friday vetoed a bill that would have required executive branch lobbyists to follow much of the same disclosure rules that already govern other Capitol lobbyists.

Lobbyists for organizations are required to state their clients’ position on bills, either as “amend,” “monitor,” “oppose,” or “support.” The executive branch’s lobbyists, on the other hand, rarely provide a position.

The governor’s office, which has a lobbyist, never listed a position on Senate Bill 147 and never testified on it. But sources told Colorado Politics the bill sat atop the governor’s veto list.

“Signing this bill would be a very mean thing to do to future Governors, as it infringes on their ability to independently gather information and evaluate legislation as it moves through the General Assembly, and to make ultimate determinations on bills once they reach the desk of the Governor — as is the Governor’s Constitutional responsibility,” Polis said in his veto letter.

He added that the bill went too far.

“By requiring the disclosure of positions (support, oppose, amend, or monitor) by the Governor and Lieutenant Governor on the legislation that is being lobbied and updating positions within 72 hours of any change, the bill puts the Executive Branch in the same category as professional lobbyists,” he said.

State Rep. Dusty Johnson, R-Fort Morgan, earlier told Colorado Politics legislators get conflicting information from executive branch lobbyists, telling a lawmaker one day they support a bill and telling other people the next day they don’t support it.

This happens to lawmakers on both sides of the aisle, Johnson said.

“They’re playing us,” she said.

SB 147 included a provision to require lawmakers to wait two years after leaving office to become lobbyists for a state agency. That’s similar to the constitutional provision that puts a two-year time-out on lawmakers lobbying at the Capitol on behalf of non-agency organizations.

Johnson said legislators tried to offer exemptions and a compromise. But she was told the governor’s office was too busy with other bills and didn’t have time to monitor every one.

Johnson argued that the executive branch lobbyists should play by the same rules as any other lobbyist. She noted that taxpayers pay the salaries of the executive branch lobbyists, one reason for more transparency.

But the bigger reason, she explained, is the difficulty in working with the executive branch lobbyists. The people have a right to know where the agencies and the governor stand on different issues, which is rarely disclosed, she said.

SB 147, which was backed by the Colorado Lobbyist Association, the Colorado Press Association and and the Colorado Nonprofit Association, passed on a 62-2 vote in the House and 30-4 in the Senate.

In his veto letter, Polis claimed the bill would impose new requirements on two branches of government, while it does not propose a requirement that legislators similarly disclose their positions on bills before their votes.

“This is an unequal and burdensome infringement that erodes separation of powers by elevating one branch of government over others, under the guise of transparency,” he said.

Finally, he added, “If the legislature is serious about adding this burden for the next Executive, they should ensure that sufficient resources are appropriated for the significant extra work required, and also consider placing a similar requirement on the legislative branch.”


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