PETITION OF:

SECTION 1.

CHAPTER 3. THE GENERAL COURT

Chapter 3: Section 39. Definitions

Section 39. As used in sections thirty-nine to fifty, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:—

“Authority”, any public instrumentality of the commonwealth which is not subject to the supervision and control of either the legislative, executive or judicial departments of state government, or of any city, town, or county within the commonwealth, and which does not receive state appropriations either for operations or the payment of debt obligations. Notwithstanding the foregoing provisions, the following entities shall be considered to be authorities: Bay State Skills Corporation, Boston Metropolitan District, centers of excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, Government Land Bank, Massachusetts Bay Transportation Authority, Massachusetts Convention Center Authority, Massachusetts Corporations for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Housing Finance Agency, Massachusetts Industrial Finance Agency, Massachusetts Industrial Service Program, Massachusetts Legal Assistance Corporation, Massachusetts Municipal Wholesale Electric Company, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Nantucket land bank, Pension Reserves Investment Management Board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, Victim and Witness Board, Woods Hole, Martha’s Vineyard, and Nantucket Steamship Authority, Worcester Business Development Corporation, the several regional transit authorities, the several regional school districts, the several solid waste districts, the several water, sewer, and fire districts, the several local housing authorities, the several local redevelopment authorities, and the several home care corporations.

“Client”, any principal, individual or business entity that contracts with another individual or business entity to receive lobbying services.

“Covered executive official”, the governor, lieutenant governor, state secretary, attorney general, state treasurer, state auditor, any person who holds a major policy making position, as defined in section one of chapter two hundred and sixty-eight B, and as designated by the governor, lieutenant governor, state secretary, attorney general, state treasurer or state auditor in accordance with the provisions of said chapter two hundred and sixty-eight B, the secretary or deputy or assistant secretary of any executive office, or the executive or administrative head or deputy or assistant head of any authority, any department, board, commission, or division of the state government or subdivision of any of the foregoing, but not including the legislative and judicial departments.

“Executive agent”, a person who for compensation or reward does any act to influence the decision of any officer or employee of the executive branch or an authority, including but not limited to statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement. The term “executive agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, attempts to influence any such decision, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that for the purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is simply incidental to his regular and usual business or professional activities if he engages in any activity or activities covered by this definition for not more than fifty hours during any reporting period or receives less than five thousand dollars during any reporting period for any activity or activities covered by this definition.

“Legislation”, bills, resolutions and proposals of every kind, character or description considered by the general court or any committee thereof, or the governor.

“Legislative agent”, a person who for compensation or reward does any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor’s approval or veto thereof. The term “legislative agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, attempts to promote, oppose or influence legislation, or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that for purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is simply incidental to his regular and usual business or professional activities if he engages in any activity or activities covered by this definition for not more than fifty hours during any reporting period or receives less than five thousand dollars during any reporting period for any activity or activities covered by this definition.

“License”, the Secretary of State shall issue a license and picture identification which entitles an agent as defined herein to practice lobbying on behalf of a client who or which has filed a registration statement pursuant to section 41. Said license shall expire on December 31 of each year.

"Lobbying" means any act or effort for compensation which directly or indirectly attempts to influence legislative or administrative action by oral or written communication with any elective state official, agency official or legislative employee, and includes time spent in preparation for such communication and appearances at public hearings or meetings or service on a committee in which such preparation or communication occurs, but shall not be deemed to include the following activities:

(a) a request for a meeting, a request for the status of an action or any similar administrative request, if the request does not include an attempt to influence a covered executive official;

(b) an act made in the course of participation in an advisory committee or task force;

(c) providing information in writing in response to a written request for specific information by an officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof;

(d) an act required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation or other action of the executive branch or legislative branch, an authority, including, but not limited to, statewide constitutional offices;

(e) a communication made to an officer or employee of the executive branch or legislative branch, an authority, including, but not limited to, statewide constitutional officers and employees thereof, with regard to: (1) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation or proceeding; or (2) a filing or proceeding that the executive branch or legislative branch, an authority, including, but not limited to, statewide constitutional offices, is specifically required by statute or regulation to maintain or conduct on a confidential basis; if such executive branch or authority, including, but not limited to, statewide constitutional offices, is charged with responsibility for such proceeding, inquiry, investigation or filing;

(f) an act made in compliance with written agency procedures regarding an adjudicatory proceeding, as defined in section one of chapter thirty A, conducted by the agency, or similar adjudicatory or evidentiary proceedings conducted by any department, board, commission or official not governed by chapter thirty A;

(g) a petition for action by the executive branch or legislative branch, an authority, including, but not limited to, statewide constitutional offices made in writing and required to be a matter of public record pursuant to established procedures of such executive branch or legislative branch, authority, including, but not limited to, statewide constitutional offices;

(h) an act made on behalf of an individual with regard to that individual’s benefits, employment or other personal matters;

(i) a response to a request for proposals or similar invitation by an officer or employee of the executive branch or legislative branch, an authority, including, but not limited to, statewide constitutional officers and employees thereof, for information relevant to a contract;

(j) participation in a bid conference;

(k) an appeal or request for review of a procurement decision.

“Lobbyist entity”, an entity providing lobbyist services, consisting of at least 1 legislative or executive agent, including foreign or domestic corporation, association, sole proprietor, partnership, limited liability partnership or company, joint stock company, joint venture or any other similar business formation.

“Policy”, a plan or course of action which is applicable to a class of persons, proceedings or other matters and which is designed to influence or determine the subsequent decisions and actions of any covered executive official, including, but not limited to, a plan or course of action which would constitute a “regulation”, as defined in chapter thirty A. The term shall not include the adjudication or determination of any rights, duties, or obligations of a person made on a case by case basis, including but not limited to the issuance or denial of a license, permit, or certification or a disciplinary action or investigation involving a person.

“Procurement”, the buying, purchasing, renting, leasing or otherwise acquiring or disposing, by contract or otherwise, of supplies, services or construction or the acquisition or disposition of real property or any interest therein, including, but not limited to, the purchase, lease or rental of any such real property or the granting of easements or rights of way therein; but not including any item of expenditure the value of which is twenty-five thousand dollars or less.

SECTION 2. Chapter 3: Section 43. Is hereby stricken, and replaced with the following:

Chapter 3: Section 43. Executive and legislative agents; itemized statement of expenditures; family gifts restricted; itemized statement of lobbying activity; public inspection; penalties.

Section 43. Expenses by Agents

On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every executive and legislative agent appearing on the docket shall render to the state secretary, under oath, an itemized, electronic statement of all expenditures or payments made to any person or organization within the context of providing lobbying services as defined in section 39.

The itemized statement of expenditures shall include but not be limited to campaign contributions as defined in section one of chapter fifty-five; expenditures incurred or payments made by an executive or legislative agent regardless of value, paid in whole or in part to any statewide constitutional officer, officers and employees of such office, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority including meals, beverages, recreation and entertainment, gifts, lodging, transportation, advertising, public relations, printing, mailing and telephone except that the executive or legislative agent shall not be required to report such expenditures not in the course of his employment made for or on behalf of the immediate family of such executive or legislative agent or a relative within the third degree of consanguinity of the executive or legislative agent or of his spouse or the spouse of any such relative.

The itemized statement shall also include the names and amount paid to each payee, the names of the candidates or political committees to whom or to which a contribution was made, along with the amount of and date of each contribution, the date, place, name and position of any official receiving an expenditure for any meal, beverage, recreation and entertainment, lodging or transportation expense and a description of the benefit.

No such expenditure shall be split or divided for the purpose of evading any provision of this section.

Notwithstanding the provisions of any general or special law to the contrary, no executive or legislative agent shall knowingly offer or knowingly give to any public official or public employee, any gift in violation of section six of chapter two hundred and sixty-eight B.

Section 43(A) Activities

On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every executive and legislative agent appearing on the docket shall render to the state secretary, under oath, an itemized, electronic statement of all activities performed in conjunction with lobbying services as defined in section 39.

Said statement shall contain the number of hours each month within the reporting period said agent engaged in\or provided lobbyist services including a complete and detailed description of the subject, subjects or issues, the name and title of the person or persons to whom the lobbying services were provided, the legislative numbers of any bills, rules, regulations, ratemaking, or proposed rules, regulations or rates, the titles and any other identifying numbers of any procurement contracts; the names of the persons, organizations, legislative bodies, or committees before which he\she has lobbied and the client on behalf of whom the lobbyist services were performed.

Section 43(B) Enforcement

Any executive or legislative agent who fails to timely file said statement of expenditures or activity within the time required by this chapter shall be subject to the immediate administrative revocation of the agent’s license to lobby on behalf of a client for a period not to exceed 3 years.

No lobbyist whose license has been revoked may engage in lobbying as a lobbyist for any client until such person has been reinstated to the practice of lobbying and duly licensed.

The license of any lobbyist to lobby on behalf of the client shall be restored immediately upon filing the delinquent statement. All notices to be sent in accordance with this chapter shall be sent by certified mail to the last-known addresses of the lobbyist.

Any lobbyist who is aggrieved by a suspension of lobbying privileges under this subsection may request a hearing regarding the revocation. The Secretary of State may refer any matter to the office of the attorney general for further enforcement action for which a criminal penalty is applicable.

SECTION 3. Chapter 3: Section 44. Reporting by organizations attempting to influence legislation but not employing an agent; statement of expenditures; public inspection; penalty.

Section 44. On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, any group or organization, however constituted, not employing an executive or legislative agent which as part of an organized effort, expends in excess of two hundred and fifty dollars during any calendar year to promote, oppose, or influence legislation, or the governor’s veto or approval thereof, or to influence the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to do any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement shall register with the state secretary by rendering a statement, under oath, containing the names and addresses of the principals of such group or organization, the purposes of the organization, such aforesaid decisions of such employees of the executive branch or an authority or legislation which affects those purposes, the total amount of expenditures, incurred or paid during the reporting period in furtherance of the foregoing objectives and an itemized statement containing all expenditures made for or on behalf of statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority. Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, transportation, entertainment, advertising, public relations, printing, mailing and telephone and the names of the payees and the amount paid to each payee. Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in, or of, such meal, entertainment or transportation. The itemized accounting shall also include a list of all campaign contributions, as defined in section one of chapter fifty-five, made by the group to a political candidate or committee, the name of each candidate or committee, the amount contributed and the date of the contribution. The statement of the group or organization shall also include a listing of the names and addresses of every person, group or organization from whom fifteen dollars or more was contributed during the year for the objectives hereinabove stated. No expenditure or contribution shall be split or divided for the purpose of evading any provision of this section. The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the secretary shall be organized alphabetically according to the name of the group and such files shall be open and accessible for public inspection during normal business hours.

The state secretary shall assess a penalty for any statement which is filed by such a group or organization later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of one hundred dollars when such statement has been filed ten days late or less, and in the amount of two hundred and fifty dollars when such statement is more than ten days late; provided, however, that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.

This section shall not apply to any group or organization that (i) does not employ an executive or legislative agent; (ii) does not realize a profit; (iii) does not make a contribution, as defined in section one of chapter fifty-five, to a political candidate or committee; (iv) does not pay a salary or fee to any member for any activities performed for the benefit of the group or organization; and (v) expends two thousand dollars or less during any calendar year to promote, oppose, or influence legislation, or the governor’s veto or approval thereof, or to influence the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to do any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement.

SECTION 4. Chapter 3: Section 45. Enforcement authority, license revocation, suspension, hearing; effect.

(a) Upon receipt of a sworn complaint signed under pains and penalties of perjury, or upon receipt of evidence which is deemed sufficient by the Secretary, the Secretary shall initiate a preliminary inquiry into any alleged violation of this chapter. All proceedings and records relating to a preliminary inquiry or initial staff review to determine whether to initiate an inquiry shall be confidential, except that the Secretary may turn over to the attorney general, the United States Attorney or a district attorney of competent jurisdiction evidence which may be used in a criminal proceeding. The Secretary shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within thirty days of the commencement of the inquiry.

(b) If a preliminary inquiry fails to indicate reasonable cause for belief that this chapter has been violated, the Secretary shall immediately terminate the inquiry and so notify, in writing, the complainant, if any, and the person who had been the subject of the inquiry.

(c) If a preliminary inquiry indicates reasonable cause for belief that this chapter has been violated, the Secretary may initiate an adjudicatory proceeding to determine whether there has been such a violation.

(d) The Secretary may require by summons the attendance and testimony of witnesses and the production of books, papers and other records relating to any matter being investigated by it pursuant to this chapter. Such summons may be issued by the Secretary and shall be served in the same manner as summonses for witnesses in civil cases, and all provisions of law relative to summonses issued in such cases, including the compensation of witnesses, shall apply to summonses issued by the Secretary. Any justice of the superior court may, upon application by the Secretary, in his discretion issue an order requiring the attendance of witnesses summoned as aforesaid and the giving of testimony or the production of books, papers and other records before the Secretary in furtherance of any investigation pursuant to the provisions of this chapter.

(e) The Secretary or his designee may administer oaths and may hear testimony or receive other evidence in any proceeding. All testimony in an adjudicatory proceeding shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify, to submit evidence, and to be represented by counsel. Before testifying, all witnesses shall be given a copy of the regulations governing adjudicatory proceedings. All witnesses shall be entitled to be represented by counsel.

(f) Any person whose name is mentioned during an adjudicatory proceeding of the Secretary and who may be adversely affected thereby may appear personally before the Secretary on his own behalf, with or without an attorney, to give a statement in opposition to such adverse mention or file a written statement of such opposition for incorporation into the record of the proceeding. Within thirty days after completion of deliberations, the Secretary shall publish a written report of its findings and conclusions.

(g) The Secretary, upon a finding pursuant to an adjudicatory proceeding that there has been a violation of this may issue an order:

(1) demanding that the violator cease and desist such violation of said chapter; and/or

(2) suspending the license and registration of said violator; and/or

(3) demanding a full written accounting and reporting of all expenditures associated with lobbying activities; and/or

(4) any other remedy the Secretary deems appropriate to ensure compliance with the registration and reporting requirements of this chapter.

SECTION 5. Chapter 3: Section 47. Clients of executive or legislative agents; statement of expenditures; filing; penalty.

Section 47. On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every client of an executive or legislative agent whose name appears upon the docket shall render to the state secretary a complete and detailed electronic itemized statement, under oath, listing all expenditures incurred or paid by such client during the reporting period in connection with Lobbying.

Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing, and telephone; and the names of the payees and the amount paid to each payee.

Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by the date, place, amount, and names of all persons in the group partaking in, or of, such meal, entertainment, or transportation.

When such compensation is included as part of a regular salary or retainer, the statement shall specify the amount of the agent’s salary or retainer allocable to his legislative duties. If no such apportionment is possible, the statement shall indicate such impossibility and disclose the full salary or retainer.

No expenditure shall be split or divided for the purpose of evading any provision of this section.

The state secretary shall assess a penalty for any statement which is filed by such client later than the prescribed date. Said penalty shall be in the amount of two hundred and fifty dollars when such statement has been filed ten days late or less, and in the amount of five hundred dollars when such statement is more than ten days late; provided, however that the state secretary may waive said penalty for good cause. No waiver shall be granted when a statement has been filed more than thirty days late.

Upon failure of a client to file the required expense statement, the Secretary shall mail written notices to the client and to any lobbyist of said client, informing them that unless the client files the delinquent statement within 10 business days after the date of mailing of the notices, no lobbyist may lobby on behalf of the client.