From State House News Service
PATRICK ETHICS BILL UP FOR A HEARING: The Joint Committee on Administration and Regulatory Oversight will hear testimony on Gov. Patrick’s ethics and lobbying law reform bill.
Patrick filed the bill on the first day of the 2009-2010 legislative session and called for lawmakers to pass the bill in 30 days. Since then, the bill (H 95) was reviewed by a Temporary House Committee on Ethics, but the budget crisis and plans for transportation reform have dominated discussions on Beacon Hill. Patrick’s bill includes provisions that increase penalties for bribery to $100,000 and up to 10 years in prison from $5,000 and three years in jail; authorize with judicial approval state investigators to wiretap phone conversations in public corruption cases; grant the secretary of state subpoena powers to enforce state lobbying laws and conduct mandatory training for lobbyists; and gives the State Ethics Commission subpoena power to compel testimony. Rep. James Fagan, a Taunton Democrat who chaired the temporary committee, said he agreed with much of Patrick’s bill. The committee ceased to exist in February.
House and Senate lawmakers on Thursday approved an order allowing the Senate Committee on Ethics and Rules, the House Committee on Ethics and the Joint Committee on State Administration and Regulatory Oversight to hear jointly bills dealing with lobbyists, conduct of public officials and any other related ethics matters that had been referred to the State Administration Committee, co-chaired by Sen. Brian Joyce (D-Milton) and Rep. Steven Walsh (D-Lynn).
People with strongly held opinions about the Governor’s Ethics and Lobbying Reform! It’s time to offer those opinions in person or in writing at a joint hearing of three different committees this coming Thursday. Time and place to be announced. I’ll share it here as soon as it is announced.
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p>I have heard, privately, from many small non profits that this requirement is too burdensome, and their burden trumps the need for more transparency for non profits as opposed to corporate for profit lobbyists. I disagree.
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p>And I have heard, privately, from other small non profits that this is a real opportunity to demonstrate our willingness to use our constitution-given right to lobby as long as we stick to the IRS restrictions and report on our 990. But more important, getting out front in our lobbying activities provides us with a real opportunity to demonstrate our power and capacity to influence public policy. I agree
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p>What do you think? Are you willing and able to contribute to the debate? Below find a list of the three committees whose members will all have opportunities to amend this bill and vote for it to die in committee or move forward.
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p>Check the legislative web site for room and phone numbers of committee members.
SENATE COMMITTEE ON ETHICS AND RULES
Room 333
State House
Boston, MA 02133
Telephone: (617) 722-1410
It shall be the duty of the committee on Ethics and Rules to consider all violations of rules and all question of conduct of Senators and employees of the Senate. The committee is also authorized to recommend policy procedures for the Senate and recommend rules changes for matters requiring the expeditious action by the Senate.
Members appointed to the committee:
Berry of Second Essex
Spilka of Second Middlesex and Norfolk
Menard of First Bristol and Plymouth
Tolman of Second Suffolk and Middlesex
Knapik of Second Hampden and Hampshire
Tarr of First Essex and Middlesex
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p>HOUSE ETHICS
Room 163
State House
Boston, MA 02133
Telephone: (617) 722-2040
It shall be the duty of the committee on Ethics to consider all violations of rules and all questions of conduct of Representatives, report any recommendations relative thereto, and recommend any changes in the rules which tend to facilitate the business of the House.
Members appointed to the committee:
Kocot of Northampton- Chair
Harkins of Needham- Vice-Chair
Tobin of Quincy
Vallee of Franklin
Reinstein of Revere
Haddad of Somerset
Sanchez of Boston
Perry of Sandwich
Barrows of Mansfield
Hill of Ipswich
Poirier of North Attleborough
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p>JOINT COMMITTEE ON STATE ADMINISTRATION AND REGULATORY OVERSIGHT
House Staff:
Room 22
State House
Boston, MA 02133
House Staff Telephone: (617) 722-2140
Senate Staff:
Room 413A
State House
Boston, MA 02133
Senate Staff Telephone: (617) 722-1643
It shall be the duty of the committee on State Administration and Regulatory Oversight to consider all matters concerning competitive biddingon public contracts, public construction o pening meeting laws, state regulations, state agencies, lobbyists’ rep porting laws and such other matters as may be referred.
Members appointed to the committee:
Joyce of Norfolk, Bristol and Plymouth – Chair
O’Leary of Cape and Islands – Vice-Chair
Fargo of Third Middlesex
Galluccio of Middlesex, Suffolk and Essex
Donnelly of Forth Middlesex
Tisei of Middlesex and Essex
Walsh of Lynn – Chair
Gobi of Spencer – Vice-Chair
Tobin of Quincy
Creedon of Brockton
Fallon of Malden
Spiliotis of Peabody
Turner of Dennis
Conroy of Wayland
Hecht of Watertown
Frost of Auburn
Perry of Sandwich
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p>What are the provisions that will hamper small non-profits? May I suggest that it may be time for Paid lobbyists to be shown the way out of Beacon Hill and make lobbying to obligation of the people? Paid lobbyists are no longer effected by the stigmatism of being a lobbyist instead it is worn more as a badge of passage giving them unrestricted access while the average individual is usually met by a closed and locked door or a rep or Senator Running out to a more important meeting or event that the 5 mins they promised. To continue to give Lobbyist the unfettered access where they monopolize the time of our elected officials is in my opinion part of the problem. Unless of course we are suggesting that conversations with Lobbyists be made public and transparent then I could go along with that. But please explain the statement and enlighten me as to the change and how it directly affects small non-profits.
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p>Yes I volunteer for several and yes I do on occasion go up to the hill and call on Reps and Senators and ask them to review material and support the request or position but I have never taken so much as a penny for it. I feel it is my duty as a citizen to speak up for what I care about and want to see improved.
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p>As Usual just my Opinion
What you do Ed.
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p>Read below and you will see that any ordinary civic minded resident like you and me who talk to our state and city officials about everything from garbage pick up to taxes can continue to go about our civic business as volunteers. Even people like me who is already a registered legislative agent can continue to act in a volunteer capacity as a neighborhood activist.
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p>Lots of implications for my advocacy colleagues in the non profit and for profit sectors however. Definitions and reporting changes promise to be a giant pain in the elbow for all of us.
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p>How the proposed bill would define a “legislative agent” their word for lobbyist.
“Legislative agent”, a person who for compensation or reward engages in legislative lobbying, which includes at least one communication with a government employee. 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, engages in legislative lobbying, whether or not any compensation in addition to the salary for such activities is received for such services. 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: (i) engages in any activity or activities covered by this definition for not more than 10 hours during any reporting period; and (ii) receives less than $2,500 during any reporting period, for any activity or activities covered by this definition.
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p>The proposed definition of Lobbying
“Legislative lobbying,” any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor’s approval or veto thereof. Acts to influence legislation shall include, without limitation, any action to influence the introduction, sponsorship, consideration, action or nonaction with respect to any legislation. The term includes acts to influence or attempt to influence the decision of any officer or employee of a city or town when those acts are intended to carry out a common purpose with legislative lobbying at the state level; and includes strategizing, planning, research, and other background work only if performed in connection with or for use in an actual communication with a government employee for purposes of the acts described in this definition.
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p>And this is what registered legislative agents would have to report quarterly.
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p>Every executive and legislative agent shall include in the statement required by this section for the relevant reporting period: (1) the identification of each client for whom the legislative or executive agent provided lobbying services; (2) a list of all bill numbers 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 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; and (5) the amount of compensation received for executive or legislative lobbying from each client with respect to each such bill or action. The disclosure shall be required regardless of whether the executive or legislative agent specifically referenced the bill number or other governmental action while acting to promote, oppose or influence legislation, and shall be as complete as practicable. Every executive and legislative agent shall also include in the statement required by this section all direct business associations with public officials.
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p>So in short, the new law would require a non profit or for profit whose staff spends more than $2500 of their time and more than 10 hours a quarter “lobbying” is going to have to file some pretty detailed reports every quarter.
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p>Is it burdensome to a small or large non profit or for profit. Yes.
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p>Does it trump public transparency. No.
I’m good with having non-profits having a reporting requirement. Not all non-profits are created equal, and some of them have some very well-greased hired guns working for them. This is reform that’s long overdue. This will finally separate the nonprofits who seek to influence with volunteers (grassroots)…from the folks who can pay for their influence.
The joint hearing with the three different committees will take place this coming Wednesday March 18th, at 12 pm in room A2 at the State House.
CAMPAIGN FINANCE CHANGES MAY BE ADDED TO ETHICS, LOBBYING BILL State House News Service
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p>Things are popping!!