Lobbying Provisions - Ethics Conference Committee

Ethics Conference Committee
Section-by-Section Summary
Lobbying Provisions Only

Section 1. This section would amend section 39 of chapter 3 to update the definition of “client” to include persons, corporations, partnerships, associations, and other entities.

Section 2. This section would: (1) amend section 39 of chapter 3 to update the definitions of “executive agent” to include the term “executive lobbying” and would reduce the amount of permissible incidental lobbying from 50 hours or $5,000 in any 6-month reporting period to 25 hours or $2,500 in any 6-month reporting period; and (2) insert a definition in section 39 of chapter 3 for the term “executive lobbying” which would include: (i) municipal lobbying connected to state lobbying; and (ii) strategizing, planning, and research if performed in connection with, or for use in, an actual communication with a government employee.

Section 3. This section would: (1) amend section 39 of chapter 3 to update the definitions of “legislative agent” to include the term “legislative lobbying” and would reduce the amount of permissible incidental lobbying from 50 hours or $5,000 in any 6-month reporting period to 25 hours or $2,500 in any 6-month reporting period; and (2) insert a definition in section 39 of chapter 3 for the term “legislative lobbying” which would include: (i) municipal lobbying connected to state lobbying; and (ii) strategizing, planning and research if performed in connection with, or for use in, an actual communication with a government employee.

Section 4. This section would amend section 41 of chapter 3 to require all legislative and executive agents to annually complete a certification course offered by the Secretary of State’s Office prior to registering as a legislative or executive agent.

Section 5. This section would amend section 41 of chapter 3 to require the Secretary of State to: (1) issue each legislative and executive agent a license every year; and (2) to provide confidential, binding advisory opinions.

Section 6. This section would amend section 42 of chapter 3 to modify language surrounding so-called “success fees” and prohibits agreements and payments from being contingent upon the outcome of a legislative or executive decision.

Section 7. This section would amends section 43 of chapter 3 to require all executive and legislative agents to file reports, regardless of whether they are registered and their names appear on the docket.

Section 8. This section would amend section 43 of chapter 3 to update the information that must be reported by legislative and executive agents to include: (1) the identification of each client for whom the legislative or executive agent provided lobbying services; (2) a list of all bill numbersand names of legislation and other governmental action that the executive or legislative agent acted to promote, oppose or influence; (3) a statement of the executive or legislative agent’s position, if any, on each such bill or other governmental action; (4) the identification of the client or clients on whose behalf the executive or legislative agent was acting with respect to each such bill or governmental action; (5) the amount of compensation received for executive or legislative lobbying from each client with respect to such lobbying services; and (6) all direct business associations with public officials.

Section 9. This section would amend section 43 of chapter 3 to clear up ambiguity between gift giving provision in this section and section 6 of Chapter 268B.

Section 10. This section would amend section 43 of chapter 3 to increase the penalty applicable to legislative and executive agents who file late statements from $250 if the statement is less than 10 days late or $500 if the statement is more than 10 days late to $50 per day for the first 20 days late and $100 per day for every day after the twentieth day.

Section 11. This section would amend section 44 of chapter 3 to increase the penalty applicable to groups not employing lobbyists who file late statements from $100 if the statement is less than 10 days late and $250 if the statement is more than 10 days late to $50 per day for the first 20 days late and $100 per day for every day after the twentieth day.

Section 12. This section would amend section 45 of chapter 3 to provide the Secretary of State with civil enforcement authority over the lobbying laws, including authority to subpoena documents and testimony; conduct adjudicatory proceedings; impose civil fines of up to $10,000 per violation; and suspend and revoke a violator’s license. It also prohibits anyone convicted of a felony under chapter 3, 55 or 268A from acting or registering as an executive or legislative agent.

Section 13. This section would amend section 47 of chapter 3 to require all executive and legislative agents to file reports, regardless of whether they are registered and their names appear on the docket.

Section 14. This section would amend section 47 of chapter 3 to increase the penalty applicable to employers of legislative and executive agents who file late statements from $250 if the statement is less than 10 days late or $500 if the statement is more than 10 days late to $50 per day for the first 20 days late and $100 per day for every day after the twentieth day.

Section 15. This section would amend section 48 of chapter 3 to increase the criminal penalty for violating the lobbying laws from a fine of not less than $100 and not more than $5,000, to a fine of up to $10,000, or up to 5 years imprisonment in a state prison, or up to 2 1/2 years in a house of correction, or both.

Section 16. This section would amend section 49 of chapter 3 to provide the Attorney General with civil enforcement authority over violations of registration, filing fee, identification card 3
requirements, and violations concerning improper agreements to influence decisions of executive branch employees or legislation.