The first regular session of Missouri’s 96th General Assembly adjourned the evening of May 13, 2011.

The General Assembly will reconvene for a technical session at 8:00 a.m., May 26, 2011 to last until May 30, 2011 in accordance with the constitution.

Governor Jay Nixon may sign or veto bills until July 14, 2011, and the veto session of the General Assembly is scheduled to convene on September 14, 2011.

Photo of the Missouri Capitol Building by RebelAt on Wikipedia.

This week’s Highlighted Site of the Week is the General Services Administration’s Dipity (yes, Dipity), or social timeline, for U.S. Government use of Social Media.

The first entry on the timeline, showing the very beginning of our government’s use of social media, is April 1st, 2002, when the White House Easter Egg Roll was streamed live on the internet. Other landmarks include the announcement that “Ask the White House” was first put online in April 2003, how iTunes first offered presidential speeches in July 2005, Apps for Democracy was launched in October 2008, and Data.gov was inaugurated offering the public 47 databases in May 2009.

What is the latest entry on the timeline? On April 11 the Smithsonian Institution livestreamed Ignite Smithsonian session through UStream. The broadcast was called “Citizen History: Making History with the Masses” and is archived here.

Here is an interesting article by Federal Computer Week. They reference the timeline and ask the question, “Is government adoption of social media slowing down?”

Have a terrific weekend!

The West Virginia Ethics Commission has concluded it cannot prevent an employee of the Legislature from avoiding the state’s newly passed “revolving door” ban if he changes his status from an employee to an independent contractor before the law takes effect on July 1, 2011.

Under the pending law, elected officials and certain high-ranking unelected employees will be forbidden from acting as lobbyists for one year after leaving public employment. The commission decided this law does not include independent contractors.

This decision comes after a request for an opinion by legislative counsel Donnie Adkins. The commission said it “is troubled” by the proposed maneuver but would be unable to bring him within the revolving door ban as an independent contractor.

The West Virginia Ethics Commission offers the opinion on their website.

Here is the Charleston Gazette’s coverage in the story, “Ethics loophole a cause of concern” by Phil Kabler.

RHODE ISLAND: The Providence Lobbying Disclosure Ordinance, which was to take effect May 16, will now take effect July 1. The City Council’s Committee on Finance amended the March 11 ordinance extending the time to begin the implementation of the regulations. The new ordinance requires lobbyist registration, reporting, ID badges, and penalties.

This report refers to the March 23 Lobby Comply post “Providence Creates Lobbying Registration Law” by George Ticoras.

Photo of the Providence, R.I. skyline by boliyou on Wikipedia.

Today at 1:30pm EDT, the hearing examining the proposed pay-to-play presidential executive order will be held by the House Committee on Oversight and Government Reform and the House Small Business Committee.

Here is a link to the live coverage on the Committee on Oversight & Government Reform website.

The SunFoundation will be liveblogging the hearing at:  http://bit.ly/mxIbFe

You can also follow the conversations on Twitter with the hashtag #opengov.

This post is a follow-up to Tuesday’s post “Hearings Set for Anticipated Executive Order on Pay-to-Play” by George Ticoras.

The office of the Secretary of State has released an amended version of the Rules Concerning Lobbyist Regulation, 8 CCR 1505-8. The newly amended rules now include an expanded definition of the term “bona fide personal emergency” to be used in conjunction with determining whether a professional lobbyist or lobbyist firm will be granted a waiver or reduction of an imposed fine, as well as provisions for the suspension, revocation, or other action concerning a lobbyist’s certificate of registration.

The amended rules also include additional guidance to be used by a professional lobbyist for a not-for-profit organization seeking a waiver of the filing fee for the professional lobbyist registration statement.

Finally, amendments were made concerning electronic filing of registration and disclosure statements, noting any statement presented for manual filing with the Secretary of State will not be accepted, but a computer terminal will now be made available in the main office to allow lobbyists to electronically file.

It was an honor being a participant and exhibitor at the annual Ohio State Bar Association (OSBA) convention this year in Columbus, Ohio.  The convention was held at the Hyatt Regency on May 4 – May 6, 2011. This has been State and Federal Communications’ second year participating in the convention and we are looking forward to attend many, many more.

Congratulations to the OSBA team, who beautifully planned and orchestrated the three-day event.

Why does State and Federal Communications look forward to and enjoy the OSBA convention so much?

• We are always hiring to facilitate assistance across research and compliance departments in our expanding company. Since attorneys make up 50 percent of our staff, OSBA is a great place to recruit attorneys from different fields and levels of expertise.
• We love to “switch it up” when typically attending more “government relations/affairs” type conventions. We support our attorneys in continuing their education with CLE certifications. Also, it is refreshing to attend conventions where the subject matter is different, whether it be our neighboring booths in the exhibit hall or the topics of the CLE seminars.
• Attorneys have a unique perspective about consulting, campaign finance, and lobbying work – one of the many reasons we recruit at OSBA. The member attorneys are direct with their questions and sincerely try to learn about our company. Likewise, it is nice to hear their thoughts about recent news and issues regarding our line of work. We appreciate OSBA members’ professionalism and look forward to staying in touch.

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On Thursday, May 12, the House Committee on Oversight and Government Reform and the House Small Business Committee will hold a joint hearing to examine a proposed presidential executive order requiring disclosure of political contributions by governmental contractors.

The draft proposed executive order, which was leaked to the press, would require every entity submitting offers for federal contracts to disclose certain political contributions and expenditures made within the two years prior to submission of their offer. The disclosure requirement includes contributions made to federal candidates, parties, and committees, by the bidding entity, its officers, and any affiliates or subsidiaries within its control. Contributions made to parties for independent expenditures and electioneering communications would also have to be reported. These disclosures would be required whenever the aggregate amount of the contributions and expenditures by the bidding entity exceeds $5,000.

The hearing is scheduled to examine the proposed executive order, evaluate its impact and consequences on the federal acquisition system, and determine whether it introduces politics into the procurement process.

A report released by the Government Accountability Office reveals disclosure reporting terminology and reporting requirements are a challenge for some lobbyists. The 2010 Lobbying Disclosure Observations on Lobbyists’ Compliance with Disclosure Requirements also found some lobbyists lacked clarity in determining what constitutes a lobbying activity versus a non-lobbying activity. Generally, however, the findings in the report, which were substantially the same as prior reports, show lobbyists as a whole complying with disclosure and reporting requirements.

The GAO is required by law to prepare reports determining the efficacy of lobbying compliance and reporting, and identify any challenges to compliance. This is their fourth report.

Jennifer Hensley, who has held the position of Commissioner of Political Practices since her nomination in January of 2011, was refused confirmation by the Senate.  The Senate Judiciary Committee held a brief confirmation hearing on Hensley’s nomination, but never voted on her nomination before adjournment of the legislative session.

Governor Schweitzer asked the top four Republican and Democratic legislative leaders to send him a list of nominees for the position by May 11.  The Governor may choose a nominee from the list or make an independent appointment to serve out the remainder of Hensley’s six-year term.

Baseball season is here and every year, members of the U.S. Congress (Republican and Democrat) face off in a venue other than the Capitol – on the field. The U.S. House Office of the Clerk website has a fun series of pages for the event: The U.S. Congressional Baseball Game. This year, on June 17, the 50th game will be sponsored by CQ/Roll Call.

In 1909 the first game was put together by U.S. Rep. John Tener (R-Penn.), who had been a professional baseball player from 1885 until 1890. The games have been very popular and over the years the proceeds have gone to various charities.

They have been held in different places: American League Park,Griffith Stadium, D.C. Stadium, RFK Stadium, Memorial Stadium, Four Mile Run Park, and Prince George’s County Stadium. Since 2006 they have been held at Nationals Park.

The games were put on hiatus a few years during the Great Depression and World War II. They are said to have gotten in the way of getting legislation passed in Congress a few times!

The Office of the Clerk site can give you a history of the rosters, and a great stats page showing where the games were played, who won, and the final score.

Attendance in the 1926 game was 4,000 as the Republicans held a parade with a live elephant and the Democrats paraded a donkey. (Democrats won that year.) The first game to be covered by radio broadcast was in 1928, and lately the games have been covered on Twitter and Facebook.

The Congressional Baseball games have not been immune to the problems of ethics. This Fox News article reports how Rep. John Ensign had to sit out of the 2009 game because of his admitting to having an affair. Apparently his skills on the field were missed!

Here is a Roll Call video from the 2010 game. Pure fun: 2010 Congressional Baseball Game Music Video.

Let me know if you are going!

Q: I am a registered lobbyist.  Can a company executive and/or expert accompany me to meetings with public officials without needing to register?

A:  In most instances, individuals are not “insulated” from registration by engaging in lobbying activities in the presence of a registered lobbyist.  California is an example of an exception to this rule.  In California, an individual does not engage in direct communication when he meets or speaks with a qualifying official in the company of a registered lobbyist retained by the individual’s employer, or by a bona fide trade association or membership organization of which the individual’s employer is a member.

The answer will to depend on the jurisdiction’s registration thresholds. Often times, executives and experts will not have to register because their involvement will not meet the compensation, time, or expenditure threshold in the given jurisdiction.  For example, in Connecticut, the expert would have to receive $2,000 in compensation in a calendar year before having to register.  A one-time meeting with public officials would probably not exceed this threshold.  Likewise, in Massachusetts, there is a statutory presumption that an individual is not a lobbyist if he spends 25 hours or less and receives less than $2,500 for lobbying efforts during any semi-annual reporting period.

The context and content of the conversation are also important in determining whether registration is required.  If the executive and/or expert are merely providing testimony at a public hearing, most often this will not be considered lobbying and he will not be required to register.  In some cases, as in Arizona, there are exceptions for individuals providing technical information to public officials.

It is always important to remember the “title” of the person is not relevant in determining whether he or she needs to register as a lobbyist in any given jurisdiction.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Governor Jack Dalrymple has signed Senate Bill 2073 into law.

The legislation, effective August 1, 2011, requires corporations making independent expenditures relating to ballot measures to file a report including the company’s name, the measure supported or opposed, and the monetary amount of the expenditure made.

This report, known as a “direct expenditure statement,” is due within 48 hours of making such an expenditure.

Photo of Governor Dalrymple courtesy of the North Dakota Office of the Governor website.

The office of the Secretary of State has released an amended version of the Rules Concerning Campaign and Political Finance, 8 CCR 1505-6.

The amended version has added guidelines concerning requests for a waiver or reduction of campaign finance penalties.

Requests must state the reason for the delinquency, as well as provide an explanation including all relevant factors relating to the delinquency and any mitigating circumstances.

Further, for waiver requests applying to more than one penalty, the guidelines will be applied separately to each penalty in chronological order using the single request as the basis for each.

Photo of downtown Denver by David Shankbone on Wikipedia.