Denver Amends Lobbyist Registration
and Reporting Requirement  

Katlin Newman, JD
Research Associate

Denver City Council has passed an ordinance amending the city’s lobbying rules. Council Bill No. CB16-0920 narrows the definition of lobbying and makes changes to registration and reporting requirements. The ordinance, signed by the mayor on January 4, is retroactively effective beginning January 1, 2017.

The new definition of lobbying provides for an additional exception to registration requirements. Persons not otherwise required to register as lobbyists are not required to register if limiting their activity to giving testimony or providing information to council, at public hearings, or at the request of public officials or employees. The exception applies provided the persons clearly identify themselves and the entity for whom they are testifying or providing the information. For those required to register, a lobbyist registration renewal will no longer be required on the registrant’s anniversary date. Rather, every lobbyist will be required to renew his or her registration annually by January 15.

The ordinance also replaced a monthly reporting requirement with a bimonthly requirement. Reports are due on the 15th day of each even-numbered month, covering the 60 days prior to the bimonthly report deadline. Such reports must include an itemized list and the estimated value of all gifts, entertainment, and direct or indirect expenditures to, on behalf of, or benefitting a covered official for lobbying purposes.

Denver lobbyists should also expect one additional reporting requirement. Although there is no mention of it in the city code or in the revised lobbying ordinance, the city clerk and recorder will require an annual report to be filed beginning with the 2017 calendar year. The first annual report will be due January 15, 2018. An annual report form is expected to be available closer to the 2018 due date.

[The details for this article can be found on our website under the Lobbying Compliance Laws and Procurement Lobbying Compliance Laws for Denver, Colorado.]

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

ALBERTA, CANADA: The Legislative Assembly passed Bill 35, the Fair Elections Financing Act. The bill made several sweeping campaign finance changes affecting the Elections Finance and Contribution Disclosure Act, the Election Act, and the Legislative Assembly Act. Residents of Alberta are now limited to making political contributions of up to $4,000 per calendar year, in the aggregate, to political parties, constituency associations, nominated candidates, candidates seeking nomination, and party leadership contestants.  Third party political advertisers are now required to file quarterly contribution reports. Additionally, the chief electoral officer may serve an administrative penalty requiring payment to the Crown if he or she believes a person, political party, constituency association, or third party fails to comply with a direction of the chief electoral officer.

FEDERAL: The Federal Election Commission (FEC) published the 2017-2018 election cycle contribution limits, which have been indexed for inflation. As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years. The individual and non-multicandidate PAC contribution limit to federal candidates will remain at $2,700 for both primary and general elections, allowing for a total of $5,400 for a federal candidate. The limits on contributions by individuals to national party committees have increased from $33,400 to $33,900 per calendar year. Individuals may now contribute $101,700 per calendar year to committees of a national political party for presidential nominating conventions; to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings; and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters. The new limits are effective retroactively to January 1, 2017.

SOUTH DAKOTA: Gov. Dennis Daugaard signed House Bill 1069 into law. The passage of this bill repeals Initiated Measure 22, which was the voter approved ethics and campaign finance overhaul that established various lobbying and campaign finance restrictions. Initiated Measure 22 was not in effect since it was enjoined by a circuit court on December 8, 2016.

TENNESSEE: The Registry of Election Finance recently published updated contribution limits for 2017 and 2018 elections. The changes, mandated by state statute, are based on the changes in the consumer price index. Individuals may now contribute $4,000 per election to statewide candidates. The limit for individuals contributing to local, state legislative, or other state candidates remains unchanged. PACs may contribute $7,800 per election to local candidates and to candidates for state House, criminal court judge, circuit court judge, chancellor, probate court judge, district attorney general, or public defender. They may contribute $11,800 per election to statewide candidates and to candidates for state Senate. The aggregate PAC limit for all non-statewide elections was increased to $118,100. Primary and general elections are considered separate elections for the purpose of campaign contribution limits.

VERMONT: The state has increased contribution limits to candidates, PACs, and political parties. By statute, contribution limits are re-evaluated and adjusted based on the consumer price index. A 2.1 percent increase was implemented allowing statewide candidates and PACs to receive $4,080 per election cycle; state senator candidates to receive $1,530; and state representative candidates to receive $1,020. Each limit applies to contributions from a single source or PAC. This change is effective for two years. Thereafter, increases will apply for the term of two two-year general election cycles.

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.

ASK THE EXPERTS

State and Federal Communications’ Experts Answer Your Questions

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Elizabeth Z. Bartz is always proud to share her connection to two important people; her father, James Bartz and her friend and fellow Ohioan, Senator Sherrod Brown. At the WGR Governors Reception held at The National Press Club, Elizabeth Z. Bartz caught up with Katrina Iserman, Sunovion and Fred Zeytoonjian, Apple.   State and Federal Communications, Inc. Celebrates Employee Anniversaries Ren Koozer, Executive Director, celebrating 19 years of service. Sarah Gray, Compliance Assistant Coordinator, celebrating 8 years of service. Renae Bomba, Esq., Research Associate, celebrating her first year. Ken Kelewae, I.T. Assistant,  reached his 8 year mark. Each month at our staff meeting, Elizabeth acknowledges the employment anniversaries of our staff. In January and February we acknowledged four team members. These employees are essential members of the staff.  Congratulations to you all.

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