Expansion of the Massachusetts’ Lobbying Law May Catch Many Unaware
Beveridge & Diamond, P.C. - Massachusetts Environmental and Land Use Alert, 2010
Effective January 1, 2010, who qualifies as a lobbyist and what must be reported by each lobbyist under the state lobbying law have been substantially expanded. We believe that many individuals who do not consider themselves lobbyists may be subject to this expanded rule. Further, the clients of these individuals may find that sensitive information must be publicly reported.
What is Lobbying?
The definition of lobbying under the revised law is convoluted and this alert does not describe every element; however, at its core, lobbying of the executive branch includes actions to influence decisions of certain officers or employees where such decisions concern legislation or the adoption, defeat or postponement of rules or regulations, or communications with certain officials to influence a decision concerning policy. Lobbying includes not only actual communications with government employees, but also includes strategizing, planning, and research if performed in connection with or for use in such communications. Exemptions include participation in advisory committees or task forces, activities in compliance with written agency procedures regarding evidentiary proceedings, and responding to requests for information.
A person who performs limited lobbying work may be exempt if the work is “simply incidental” to his or her usual work. To qualify, the lobbying must be limited to 25 hours during any reporting period (every six months), and the individual must receive less than $2500 compensation for that work. In applying this exemption, it is not clear what the “compensation” for lobbying activities is for an individual that is a salaried professional who is volunteering for a nonprofit organization. Since research and strategy are included as part of lobbying efforts, for many it will be difficult to qualify for the “simply incidental” exemption.
What must be Reported?
The previous law generally required each lobbyist to report, for each reporting period, campaign contributions; gifts, meals, entertainment and other expenses incurred in the course of lobbying activities; and all bill numbers that the lobbyist worked to influence if the bill number was identified during that work.
Under the revised law, the lobbyist will need to disclose what items he or she was attempting to influence, for whom the work was being done, and the position taken. For attorneys and their clients, be wary, as this may require disclosure of otherwise privileged information.
In particular, the revised law expands these reporting requirements to require disclosure of:
- each client for whom lobbying services were provided;
- all bill numbers and names of legislation and other governmental action that the lobbyist acted to promote, oppose or influence;
- the lobbyist’s position, if any, on each such bill or other governmental action;
- the client or clients on whose behalf the lobbyist was acting with respect to each such bill or governmental action;
- the amount of compensation received for lobbying services from each client; and
- “all direct business associations with public officials.”
For further information, contact Jeanine Grachuk at jgrachuk@bdlaw.com.
