State and Federal Communications, Inc. is overseeing the planning of Ohio Night at Biga on the Bank, next to the Westin on the Riverwalk. We will have a great space with a fabulous view to interact with the Ohio legislators attending the event. My assistant with this event is none other than Former Ohio Senate President Finan, now with Calfee Halter.

The event will be held from 6 to 8 p.m. Wednesday, August 10 at Biga on the Bank. If you are interested in joining, please complete the form, and we will include you in our austere group of sponsors.  [Click here for Ohio Night form.]

For more information about the NCSL Legislative Summit 2011, go to their website for details.

Until next month, check out the meetings being held all over the country and plan on joining us at the event of the summer, Ohio Night at NCSL.

Under Assembly Bill 447, all committees making expenditures or receiving contributions of more than $500 would be required to file quarterly statements.

The legislation would eliminate independent expenditure reports, odd-year committee reports, and certain supplemental pre-election reports. Instead, all officers, candidates, and committees would have one pre-election report due 16 days before an election.

Late contribution reports would still be required within 24 hours of making a contribution near an election.

Photo of the California State Assembly Chamber by Lincolnite on Wikipedia.

Individuals and entities using the FEC’s FECFile software to file will have to update to the software’s latest version (7.0.1.0).

Reports using earlier versions will not be accepted.

Those using commercial software are advised to contact his or her vendor to ensure compliance with the latest electronic filing format.

Q. If I receive an invoice from my contract lobbyist for services rendered during one reporting period, but I do not make payment on the invoice until the next reporting period, how do I know when to accurately report the payment?

A. You need to determine whether your particular state uses the cash or accrual method of disclosure.

The cash method is based on when money is actually transacted; in other words, when funds in point of fact change hands from client to contract lobbyist.  In direct contrast to the cash method, the accrual method focuses on the obligation to pay as opposed to when funds actually change hands. Essentially, when you receive the invoice from your contract lobbyist, you are obligated to pay.

So which date do you use for reporting purposes?  Is it the date you actually mail the check to the contract lobbyist, or the date you receive the invoice?  These rarely, if ever, occur on the same date and therein lies the issue:  what happens when these dates fall in different reporting periods?

Some states, such as Tennessee and Texas, specifically provide by statute or rule the method of disclosure that should be followed.  When the law is silent, the most prudent thing to do is call the disclosure office for that particular jurisdiction and get an answer.  Be sure to take the name and title of the person you spoke with and keep it in your records.  You may often hear, “It doesn’t matter; report the expense however you choose.”  This sounds great, but in reality is very frustrating. Whichever method you choose, be consistent. If you decide upon the cash method, document that and use it for all future reports.

When it comes to your contract lobbyists, be sure they are using the disclosure method required by law. This can be important in an audit when the state looks to see if your report aligns with the contract lobbyist’s report.  If the method is optional, discuss with your contract lobbyist which method they intend to use and be consistent.

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.

The Secretary of State has approved a summary for a proposed ballot measure to limit campaign contributions to candidates in Missouri.

The proposal would prohibit candidates from accepting more than $5,000 per donor for each election.

The Secretary of State’s action clears the way for supporters to begin collecting the more than 91,000 signatures needed to put the question to voters in 2012.

Photo of Missouri Secretary of State Robin Carnahan courtesy of the Secretary of State website.

April 3-5, 2011 – NASPO, Boston, Massachusetts

April 14-16, 2011 – NCSL Spring Forum, Washington, D.C.

April 20, 2011 – DiversityBusiness.com Award, Washington, D.C.

May 5-6, 2011 – Ohio State Bar Association Annual Convention, Booth 5, Columbus, Ohio

May 5-7, 2011 – NCSL Spring Executive Committee Meeting, Boston, Massachusetts

The U.S. Government Accountability Office (GAO) has released a report stating that, with a small percentage of exceptions, most lobbyists comply with the federal lobbying disclosure laws.

Here is the full text of the report from the GAO.

For a good summary of the report, read Roll Call’s article “GAO: K Street Largely Complying With Disclosure Rules” by Alex Knott.

The Roll Call article noted that the annual report to Congress is required as part of the Honest Leadership and Open Government Act. The scope of the results included analysis of disclosure reports for the fourth quarter 2009 and the first three quarters of 2010.

Federal News Radio reported yesterday that the Office of Management and Budget may take down seven open government websites by May 31 because of a measure in the House spending bill that would eliminate funding. These would include data.gov, paymentaccuracy.gov, and Fedspace – the site for government employees and contractors. The article also said two more sites, USASpending.gov and Apps.gov/now, could be gone after June.

These sites are the result of the Open Government Initiative from the Obama administration. The raw data they provide have been the source of creativity for many app writers who have set out to improve transparency, to solve problems, and to change the way people interact with their government.

The Hill reported that the Sunlight Foundation has criticized the sites for lacking important data sets from government agencies and thus hindering transparency. But the article said the group went to bat with the House leadership to keep them funded.

We’ll see what happens.

A great deal of attention is being paid these days to mobile phones, mobile apps, and how these things will change political campaigns, elections, and the interaction between government and citizens. So when I saw this item on KStreetCafe blog, I thought I ought to share it this week as our Highlighted Site of the Week: The Mobile Citizen Summit.

On April 16, Mobile Citizen Summit will be held in Washington, D.C. According to their site, it is “a one-day learning laboratory for those interested in applying mobile technologies to empower, fuel and drive citizen engagement in the public good.” It promises to enlighten attendees on the possibilities that mobile technology opens up, to show the latest gadgets and apps, and to give existing case studies of businesses that are successfully using mobile apps.

Registration appears to be free and as of right now there are 156 available tickets. The Planning Committee of Mobile Citizen Summit are even open to receiving input on what topics should be covered in the all-day event and are taking suggestions for adding speakers to their agenda.

If you cannot attend, you may wish to follow them on Twitter (@mCitizenSummit) and their hashtag #mCitizen.

Have a terrific weekend!

Smart phone photo by John Karakatsanis on Wikipedia.

Cole County Circuit Court Judge Daniel Green ruled that Senate Bill 844, which became effective August 28, 2010, is unconstitutional because it covers multiple subjects.   The Missouri constitution requires that bills contain only one subject.

The bill sharply restricted transfers between campaign committees, boosted the enforcement powers of the Missouri Ethics Commission, and created measures aimed at reducing situations in which candidates channeled money through several committees to obscure their source.   The court found that the procurement measures in the bill were the “original controlling purpose,” and thus should be upheld while all other measures relating to campaign finance are void.

The Missouri Attorney General’s office and the Missouri Ethics Commission are currently reviewing the decision to examine both enforcement procedures and further legal action.

News You Can Use Editor Jim Sedor pointed me in the direction of a news item from Providence, Rhode Island. A new ordinance there requires lobbyists to register with City Hall (including a fee), to get a photo ID, and to file quarterly reports. In response, the ACLU of Rhode Island offered a statement saying the ordinance could chill free speech. The issue may go to court.

The article offers the following quote:

“Despite the good and sincere intentions underlying this proposal, we believe it will deter and chill robust community advocacy,” said ACLU Executive Director Steven Brown. “We understand the City’s interest in promoting transparency in government, but this ordinance is not a proper way to achieve that goal.”

For the full article, read: “ACLU Says New City Law Has ‘Chilling Effect’ on Free Speech” by Stephen Beale, on GoLocalProv.com.

Here is the March 21 news release from the ACLU.

State and Federal Communications Research Associate George Ticoras reported on the new ordinance last week in “Providence Creates Lobbying Registration Law” on Lobby Comply.

Photo of Providence skyline by boliyou on Wikipedia.

Here are a few news items:

• Govtech.com’s Matt Williams writes about the growing group of government workers using iPads and what apps  they like to use in their agencies.

• The 2011 Federal Media and Marketing Study is out and Govexec.com reports that 54% of management level government workers use Facebook, 34% use YouTube, 18% use LinkedIn, and 9% use Twitter.
• Meredith Shiner in Politico writes about how U.S. Rep. Eric Cantor and U.S. Senator Chuck Shumer are using Twitter to volley their competing messages about.
• The State Column reports that Newark Mayor Cory A. Booker has won the coveted “Shorty” Award for best government Twitter feed. Mayor Booker had to give his acceptance speech in 140 characters or less.

Two bills were introduced before the Council of the District of Columbia as part of a series of measures to enhance transparency in the District government.

The first bill seeks to enact the Sunshine in Procurement Act of 2011 which requires the Council to post contract information, including the contract, solicitation, purchase orders, invoices, and change orders on its website. Additionally, sole-source and emergency procurement information would need to be posted, including the determination and findings supporting those procurements.

The second bill, referred to as the Open Government Act of 2011, expands the responsibilities of the newly created Open Government Office, improves the District’s Freedom of Information Act, requires agencies to prepare biennial transparency plans, and improves the transparency of the District’s budget information.

Photo of the John A. Wilson Building, home of the city government of Washington, D.C., by Awiseman on Wikipedia.

Representative Anna Fairclough introduced a bill concerning small procurements with the state, which includes the requirement of vendors to provide proof of an Alaska business license.

House Bill 204 also contains other mandates for vendors, including the registration of construction contract bidders and offerers, the establishment and maintenance of lists of person who want to contract with the state or state agencies, and small procurement provisions for certain amounts of leased space.

The legislation increases the maximum ceiling amounts of what constitutes a small procurement from $50,000 to $100,000 for supplies, services, or professional services; $100,000 to $200,000 for a construction, and from 3000 to 7000 square feet for a lease.

Photo of the Alaska State Capitol by Kevin Lam on Wikipedia.