Number
050629
Version
SUBSTITUTE 1
Reference
031604
Sponsor
ALD. D’AMATO
Title
A substitute ordinance amending provisions relating to the regulation of lobbyists.
Sections
81-73-2 am
305-43-3 rn
305-43-3 cr
305-43-4 rn
305-43-5 rn
305-43-5 am
305-43-6 rn
305-43-7 rn
305-43-7 am
305-43-8 rn
305-43-8 cr
305-43-9 rn
305-43-10 rn
305-43-11 rn
305-43-12 rn
305-45-4 am
305-51-1-j cr
305-51-1-k cr
305-51-1-L cr
305-57-1-a am
Analysis
This ordinance establishes certain definitions and revises various provisions of the code for purposes of correcting errors and clarifying language relating to the regulation of lobbyists. In addition, this ordinance establishes the following:
1. The fee for each license shall be $125 per principal for the first 4 principals registered by the same lobbyist in a calendar year. All subsequent principals may be registered without further charge.
2. “Lobbying” shall not include appearances by any person before a city board, commission or committee. Currently, only appearances by principals before a city board, commission or committee are excepted as “lobbying.”
3. A person employed by the housing authority of the city of Milwaukee, the Milwaukee economic development corporation, the neighborhood improvement development corporation and the redevelopment authority of the city of Milwaukee, or holding a staff position for any city board, commission or committee where the members of that body are not required to file statements of economic interests, shall be exempt from the provisions of the lobbying ordinance.
4. A design professional, acting on behalf of a client, while performing a duty or service within the definition of the practice of his or her profession shall be exempt from the provisions of the lobbying ordinance.
5. Sworn statements, which have been filed alleging violations of the lobbying ordinance, are not required to remain confidential.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-73-2 of the code is amended to read:
81-73. Lobbying License.
2. The fee for each license shall be $125 per principal, payable at the time of registration>>, for the first 4 principals registered by the same lobbyist in a calendar year. The fifth and all subsequent principals registered by the same lobbyist in a calendar year may be registered without further charge<<.
Part 2. Section 305-43-3 to 12 of the code is renumbered 305-43-4 to 13.
Part 3. Section 305-43-3 of the code is created to read:
305-43. Definitions.
3. DESIGN PROFESSIONAL means architects, landscape architects, professional engineers, designers and land surveyors registered under ch. 443, Wis. Stats.; geologists, hydrologists and soil scientists licensed under ch. 470, Wis. Stats.; professional planners certified by the American institute of certified planners; photogrammetrists certified by the American society for photogrammetry and remote sensing; and cultural resource specialists as defined by the United States secretary of interior professional standards for archeology and historic preservation.
Part 4. Section 305-43-5 and 7 of the code is amended to read:
5. LOBBYING means any attempt to influence legislative or administrative action by oral or written communication with any city official. Lobbying shall not include appearances by [[a principal]]>>any person<< before a city board, commission or committee.
7. LOBBYIST means any person who is employed by a principal or who contracts for or receives economic consideration other than reimbursement for actual expenses from a principal, and [[whose duties include lobbying]]>>who lobbies<< on behalf of the principal for 2 or more hours within a single reporting period. [[A person lobbying for 2 or more hours within a single reporting period for a firm of which he or she is a member shall be deemed as representing a person other than himself or herself and deemed a lobbyist.]]
Part 5. Section 305-43-8 to 13 of the code is renumbered 305-43-9 to 14.
Part 6. Section 305-43-8 of the code is created to read:
8. MINISTERIAL ACTION means an action that an individual performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to the exercise of the individual's own judgment as to the propriety of the action being taken.
Part 7. Section 305-45-4 of the code is amended to read:
305-45. Lobbyist and Principal - Registration Required.
4. Any person required to register under this section shall pay at the time of registration the fee provided in s. 81-73. [[The following shall be exempt from paying the fee:]]>>Registrants employed by or who contract with or receive economic consideration from<< a government department, agency or organization of another political subdivision within the state of Wisconsin; another state; or the federal government >>shall be exempt from paying the fee, provided the registrants are solely engaged in matters of governmental interest concerning their respective governmental body and the city<<.
Part 8. Section 305-51-1-j to L of the code is created to read:
305-51. Exceptions.
1. j. A person employed by the housing authority of the city of Milwaukee, the Milwaukee economic development corporation, the neighborhood improvement development corporation and the redevelopment authority of the city of Milwaukee, provided he or she is solely engaged in matters of governmental interest concerning his or her employer and the city.
k. A person holding a staff position for any city board, commission or committee where the members of that body are not required to file statements of economic interests under s. 303-11, provided he or she is solely engaged in matters of governmental interest concerning his or her respective body and the city.
L. A person who is a design professional, acting on behalf of a client, while performing a duty or service within the definition of the practice of his or her profession. This paragraph does not exempt a person when the performance of a duty or service directly impacts, affects or seeks to influence administrative or legislative action in which that person has a direct or indirect financial interest other than receipt of professional fees and reimbursement for actual expenses.
Part 9. Section 305-57-1-a of the code is amended to read:
305-57. Allegations of Violations.
1. a. The city clerk shall accept from any individual, either personally or on behalf of an organization or governmental body, a sworn statement [[under oath]] on a form provided by the city clerk which states the name of any person alleged to have committed a violation of this subchapter and which sets forth the particulars thereof. [[The statement shall remain confidential.]] The city clerk shall immediately forward the sworn statement to the city attorney for review and shall forward to the accused within 10 days a copy of the sworn statement.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Drafter
CCL05009-2
RGP
10/07/2005