LOBBYING RULES IN
MASSACHUSETTS: ARE YOU A
LEGISLATIVE AGENT OR AN
EXECUTIVE AGENT?
Robert E. Cowden III
Casner & Edwards, LLP
303 Congress Street
Boston, MA 02210
Copyright Casner & Edwards, LLP 2010
INTRODUCTION
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Different rules for different purposes:
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Restrictions on lobbying under federal tax rules for section
501(c)(3) organizations
Restrictions on federal and state funding
Massachusetts “sunshine” rules – registration and reporting
by lobbyists and their clients
Massachusetts rules (Massachusetts General Laws,
Chapter 3, sections 39-50) are administered by the
Secretary of the Commonwealth. Go to
www.sec.state.ma.us and then to the Public Records
Division
RECENT AMENDMENTS
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Effective date: January 1, 2010
Broader definition of lobbying – lobbying now
includes certain “planning, strategizing and
research”
Lower thresholds for presumption relating to
“incidental” activity:
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25 hours or fewer per 6-month reporting period; and
Less than $2,500 in compensation per period
LEGISLATIVE AGENT
Person who
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For compensation or reward
Engages in legislative lobbying that includes at
least one lobbying communication by that
person with a government employee
LEGISLATIVE LOBBYING
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Any act to promote, oppose or influence legislation
Any act to promote, oppose or influence governor’s
approval or veto of legislation
Includes acts to influence decision of municipal officer or
employee if there is a “common purpose” with state-level
lobbying
Includes strategizing, planning and research performed in
connection with, or for use in, a communication with a
government employee
Exception for responding in writing to written request for
information
EXECUTIVE AGENT
Person who
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For compensation or reward
Engages in executive lobbying that includes at
least one lobbying communication by that
person with a government employee
EXECUTIVE LOBBYING
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Any act to promote, oppose or influence decision of
executive branch or state authority as to legislation or a
standard, rate, rule or regulation
Also, communication with certain government employees
as to a matter of policy or procurement
Similar rule as to lobbying of municipal officer or employee
when there is a “common purpose” with state-level
lobbying
Similar rule as to “strategizing, planning and research”
Similar exception for responding in writing to a written
request for information
INCIDENTAL TEST
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The terms “legislative agent” and “executive
agent” apply to any person who as part of his or
her “regular and usual” business and
professional activities and not merely “incidental”
thereto engages in lobbying
Whether additional compensation is paid is not
determinative
25 HOURS/$2,500 PRESUMPTION
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Presumption that activity is incidental if for any
6-month reporting period:
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No more than 25 hours of lobbying activity AND
Person receives less than $2,500
Distinct tests for each type of lobbying activity
EXCEPTIONS FOR EXECUTIVE AGENTS
Eleven express exceptions, including
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Requesting a meeting
Serving on an advisory board
Responding to subpoena
Making a request for action that is in writing and is a
public record
Participation in a bid conference
Appeal of procurement decision
REGISTRATION
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Registration and reporting are all online
Lobbyist and client must both register – the
lobbyist first
December 15 deadline for annual registrations
10-day rule for registration of lobbyist’s name by
client if lobbyist is engaged after the first of the
year
REPORTING
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Two reports per year – July 15 (for January 1 – June 30)
and January 15 (for July 1 – December 31)
Agent and client both must report
Agent must include amounts paid for meals, gifts,
transportation and campaign contributions, among other
matters
Also, agent must report:
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Each client
Bill number
Position on each bill
Compensation from each client
Direct business associations with public officials
Client’s report also must contain detailed financial
information
RESTRICTIONS
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For Agents:
 Mandatory educational seminar
 No gifts, and no meals or beverages, to public employees
(exceptions for gifts to family members and gifts permitted
under regulations of State Ethics Commission)
 Campaign contributions limited to $200 per candidate or
committee per year; no bundling
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For Everyone:
 No agreements for compensation contingent on outcome of
lobbying
REPORTING BY ORGANIZATION
WITH NO AGENT
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If organization has no agent but spends more than $250
during a calendar year to promote, oppose or influence
legislation or executive action, the organization must
register by submitting a report (semi-annual)
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Report includes itemized accounting of expenditures
Report also includes campaign expenditures and list of those
who contributed $15 or more
Requirement does not apply to nonprofit organization that
does not pay salary or fees to any member of the
organization and spends $2,000 or less during any
calendar year on lobbying activity
PENALTIES
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If reports are late, penalty of $50/day; $100/day
after 20 days
Secretary of Commonwealth may conduct
hearing; cease and desist order; suspension;
$10,000 civil penalty
Criminal or civil proceedings by Attorney
General; fine of up to $10,000 or 5-year jail term
ADVISORY OPINIONS BY SECRETARY
Secretary does not have rule-making
authority but “shall” issue advisory
opinions on request.
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These materials have been prepared for informational
purposes and do not constitute legal advice.