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Legal Restrictions on Employment Opportunities for Departing Legislators

Published
12/18/2020

MEMORANDUM
TO: Speaker KC Becker
FROM: Office of Legislative Legal Services
DATE: December 18, 2020
SUBJECT: Legal Restrictions on Employment Opportunities for Departing Legislators1

Introduction

This memorandum is intended to provide guidance to members of the General Assembly and other interested parties, especially members approaching the completion of their service in the General Assembly, in navigating the legal restrictions under Colorado law that apply to the post-legislative employment of members, including restrictions on their ability to undertake employment as professional lobbyists. 

Colorado law establishes a number of legal restrictions on the employment that a former member of the General Assembly may undertake when the employment bears some relationship to the legislative arena. This memorandum provides a summary of these restrictions, emphasizing those that apply to a former member who is considering employment as a professional lobbyist. Some of the restrictions address negotiations concerning future employment in which an outgoing legislator may participate before leaving the General Assembly. Other restrictions, including the two-year ban on being a professional lobbyist under article XXIX of the state constitution (more commonly referred to as Amendment 41), more directly affect the type of employment that a former member may undertake after the legislator leaves the General Assembly.