Tempe, Arizona Passes Lobbying Law  

George Ticoras, Esq.,
Research Associate

On January 1, 2017, the city of Tempe, Arizona, will begin requiring paid lobbyists to register and report lobbying activity. Ordinance No. O2016.46, passed by City Council in August, creates the city’s first lobbying law.

The ordinance defines lobbyist as any person who is compensated to lobby for a person or organization other than himself or herself. Lobbying is a communication for the purpose of influencing official action made with any city official, hearing officer, or person appointed or serving on a board or commission. This includes the mayor, vice mayor, and council members, whether serving by election or appointment.

Registration with the Office of the City Clerk is required within 10 days of first lobbying and must be renewed annually. The registration must include disclosure of all clients for which the lobbyist is compensated to lobby. Amendments to the registration must be made within 10 days of any changes.

Lobbyists are required to annually report lobbying expenditures unless the lobbyist has declared in his or her registration the lobbyist intends to make no expenditures reportable during the registration period. Expenditures over $50 must be itemized separately, listing the date, amount, nature of the expenditure; name of the public official receiving or benefiting from the expenditure; and the client on whose behalf the expenditure was made.

The ordinance prohibits making a gift or expenditure for a public official through another person to conceal the identity of the person making the gift or expenditure. Additionally, individuals are prohibited from giving a gift to a public official for the performance of official duties or if it may reasonably be interpreted to be offered in order to influence an action or decision of a public official.

Any person claiming to have knowledge of a violation of the lobbying ordinance may file a complaint with the Office of the City Clerk within 45 days of the alleged violation. A first violation is punishable by a civil fine. Second and subsequent violations occurring within 12 months of a prior violation are Class 1 misdemeanors.

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

AUSTIN, TEXAS: New provisions in the city’s campaign finance laws took effect on September 1. Ordinance No. 20160623-020 increases disclosure requirements for nonprofits and independent groups making political contributions or expenditures in excess of $500. These organizations are required to report the identities of contributors unless the donation was directed to not be used for political purposes. Contributions for investments and commercial transactions also do not require disclosure of the contributor. Another part of the ordinance, not effective until February 1, 2017, requires intermediaries transferring more than $500 for political campaign purposes to disclose details of the transfers, including the occupation and employer of the person making the transfer and the purpose and description of each transfer.

BROWARD COUNTY, FLORIDA: Broward Health, the county's hospital system, has implemented a decade-old lobbyist registration policy through a new website. The website contains information about the requirements and procedures for registration and expenditure reporting. Lobbyists engaged to lobby the North Broward Hospital District, its Board of Commissioners, or its employees must register with the vice president for government relations prior to engaging in lobbying. There is a registration fee of $40 for each client represented, and registrations must be renewed by July 1 each year. Registered lobbyists must also file an annual statement of expenditures by July 30, covering July 1 of the prior year through June 30. The policy also outlines requirements for lobbyists hired to represent the district before certain state, county, and local government units.

MAINE: On August 31, 2016, the Commission on Governmental Ethics and Election Practices adopted a rule clarifying the “house party” exception to the definition of contribution. Following complaints the exception amounted to undisclosed contributions, the commission adopted a rule stating the costs of food and beverages are exempt only if they relate to the personal services provided by the volunteer and only if paid for by a single volunteer.

SASKATCHEWAN, CANADA: The Lobbyist Act is officially effective after more than two years since the bill was passed in 2014. People who are paid to lobby elected Saskatchewan government members and civil servants must now register and report activities. Lobbyists have 30 days to register with the new online database launched on August 23, 2016.

WASHINGTON, D.C.: Mayor Muriel Bowser returned an unsigned bill to reform the District’s procurement processes, signaling the bill can become effective without her signature. On August 24, the legislation was sent to Congress for the 30-day congressional review period needed for enactment. The bill will make procedural changes and establish the Office of the Ombudsman for Contracting and Procurement. As introduced, the bill included a pay-to-play provision banning campaign contributors from bidding on contracts over $100,000 for a year after making a donation to a District candidate. The pay-to-play provision was defeated in a District Council vote and is not part of the final bill.

Legislation We Are Tracking

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

Jurisdiction Added to our Website

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is:

W  E  B  S  I  T  E      T  I  P Remember to take advantage of the website’s bookmarking function from your dashboard. Any publication in a given jurisdiction can be bookmarked by clicking on the translucent bookmark pennant on the upper right-hand side of your chosen jurisdiction’s screen. The bookmark will turn red when activated. When you return to your dashboard page (by clicking on your name at the top of the screen), you will see your chosen bookmarks listed under the “Bookmarks” heading. Clicking on a bookmark will bring you directly to the bookmarked jurisdiction without needing to select a publication or a jurisdiction. Clicking on the red bookmark will remove the jurisdiction from your list of bookmarks.

ASK THE EXPERTS

State and Federal Communications’ Experts Answer Your Questions

Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com. (Of course, we have always been available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies are not legal advice, just our analysis of laws, rules, and regulations.
 

State and Federal Communications, Inc.
Celebrates Employee Anniversaries

Each month at our staff meeting, Elizabeth acknowledges the employment anniversaries of the staff. In September we celebrated the following: George Ticoras, Research Associate, 6 years; David Jones, IT Assistant, 1 year; Joseph May, Manager, Client Analytics, 9 years; Emone Smith, Administrative Assistant, 3 year; and Jon Spontarelli, Compliance Assistant, 5 years. These employees are essential members of the staff.  Congratulations to you all. Akron Urban League 91st Gala Elizabeth Z. Bartz with her State Representative Em Sykes at the Akron Urban League Gala.   Attending the 91st Akron Urban League Gala with great Americans -- Akron Mayor Dan Horrigan and Summit County Council candidate David Hamilton.   State and Federal Communications, Inc. Sponsors the Akron Marathon for IOCC State and Federal Communications, Inc. is a mile marker sponsor for the Akron Marathon held on Saturday, September 24. The dollars raised for the Akron Marathon go to the Cleveland Clinic - Akron Children’s Hospital. This marathon is also the vehicle for local Orthodox Christians to raise money for the IOCC. We proudly sponsor the IOCC in their efforts. [Pictured is Elizabeth Z. Bartz, President and CEO of State and Federal Communications, Inc., with Rev. Fr. Andrew Lentz, assistant priest from Annunciation Greek Orthodox Church in Akron and chief local representative of the IOCC. The Akron Rubber Ducks Game was a Great Place for our Grassroots Efforts to Encourage the Community to Vote Elizabeth Z. Bartz with Emma Lieberth.

Around The Country Scrapbook

Plan to say hello at future events where State and Federal Communications, Inc.
will be attending and/or speaking regarding compliance issues.