Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3319 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2113 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3319
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Donaghue
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to municipal lobbying.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Donaghue19th Worcester1/15/2025 1 of 9
16	16	HOUSE DOCKET, NO. 2113 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3319
18	18	By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3319)
19	19	of Kate Donaghue for legislation to regulate municipal lobbying. State Administration and
20	20	Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3020 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to municipal lobbying.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 39 of chapter 3 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after line 99, the following definition:-
33	33	3 “Covered municipal official”, a mayor, city manager, city councilor, member of the board
34	34	4of alderman, school committee member or municipal department head in a city having more than
35	35	5150,000 inhabitants as of the most recent federal census.”, and further;
36	36	6 By inserting after line 169, the following definitions:- ““Municipal agent”, a person who
37	37	7for compensation or reward engages in municipal lobbying which includes at least 1 lobbying
38	38	8communication with a government employee made by said person. The term “municipal agent”
39	39	9shall include a person who, as part of his regular and usual business or professional activities and 2 of 9
40	40	10not simply incidental thereto, engages in legislative municipal lobbying, whether or not any
41	41	11compensation in addition to the salary for such activities is received for such services. For
42	42	12purposes of this definition a person shall be presumed to be engaged in municipal lobbying that
43	43	13is simply incidental to his regular and usual business or professional activities if he or she: (i)
44	44	14engages in municipal lobbying for not more than 25 hours during any reporting period; and (ii)
45	45	15receives less than $2,500 during any reporting period for legislative lobbying.
46	46	16 “Municipal lobbying”, any act to promote, oppose, influence, or attempt to influence the
47	47	17decision of any covered municipal official, where such decision concerns any ordinance
48	48	18proposed or change to an adopted ordinance, action or vote of a covered municipal official or the
49	49	19adoption, repeal, amendment or postponement of a standard, rate, rule, regulation or appointment
50	50	20within a covered municipal official’s direct jurisdiction or the approval, modification or
51	51	21disapproval of any formal action by a covered municipal.”
52	52	22 SECTION 2. Section 41 of chapter 3 of the General Laws, as appearing in the 2020
53	53	23Official Edition, is hereby amended by inserting after the words “legislative agents” in line 7 the
54	54	24following words:- “, municipal agents”.
55	55	25 SECTION 3. Section 41 of chapter 3 of the General Laws, as appearing in the 2020
56	56	26Official Edition, is hereby further amended by inserting after the word “legislative” in line 9 the
57	57	27following word:- “, municipal”.
58	58	28 SECTION 4. Section 41 of chapter 3 of the General Laws, as appearing in the 2020
59	59	29Official Edition, is hereby amended by inserting after the words “legislative agent” in line 20 the
60	60	30following words:- “, municipal agent”. 3 of 9
61	61	31 SECTION 5. Section 41 of chapter 3 of the General, as appearing in the 2020 Official
62	62	32Edition, is hereby amended by inserting after the words “legislative agent” in line 25 the
63	63	33following words :- “, municipal agent”.
64	64	34 SECTION 6. Section 41 of chapter 3 of the General, as appearing in the 2020 Official
65	65	35Edition, is hereby amended by inserting after the words “legislative agent” in line 31 the
66	66	36following words :- “, municipal agent”.
67	67	37 SECTION 7. Section 41 of chapter 3 of the General Laws, as appearing in the 2020
68	68	38Official Edition, is hereby amended by inserting the following sentence after the second sentence
69	69	39in line 5:- The state secretary shall assess each municipal agent an annual filing fee of $50 upon
70	70	40entering the agent’s name on the docket.
71	71	41 SECTION 8. Section 41 of chapter 3 of the General, as appearing in the 2020 Official
72	72	42Edition, is hereby amended by inserting after the words “legislative agent” in lines 48 and 49 the
73	73	43following words :- “, municipal agent”.
74	74	44 SECTION 9. Section 42 of chapter 3 of the General Laws, as appearing in the 2020
75	75	45Official Edition, is hereby amended by inserting the following sentence at the end of the first
76	76	46paragraph in line 8:-
77	77	47 No person shall agree to engage in municipal lobbying for consideration to be paid upon
78	78	48the contingency of the outcome of the actions described in the definition of “municipal
79	79	49lobbying.” 4 of 9
80	80	50 SECTION 10. Section 43 of chapter 3 of the General Laws, as appearing in the 2020
81	81	51Official Edition, is hereby amended by inserting the following new sentence after the first
82	82	52sentence of the first paragraph in line 29:-
83	83	53 On or before the fifteenth day of July, complete from January first through June thirtieth;
84	84	54and the fifteenth day of January, complete from July first to December thirty-first of the
85	85	55preceding year, every municipal agent shall render to the state secretary an itemized statement,
86	86	56under oath, listing all campaign contributions as defined in section one of chapter fifty-five; all
87	87	57expenditures, and the total amount thereof, incurred, contributed or paid during the reporting
88	88	58period in the course of his employment as a municipal agent and all expenditures made for or on
89	89	59behalf of covered municipal officials incurred or paid during the reporting period, except that the
90	90	60municipal agent shall not be required to report such expenditures not in the course of his
91	91	61employment made for or on behalf of the immediate family of such municipal agent or a relative
92	92	62within the third degree of consanguinity of the municipal agent or of his or her spouse or the
93	93	63spouse of any such relative; and except that in the case of all expenditures the municipal agent
94	94	64shall not be required to itemize the expenditures of any one day in which the amount incurred or
95	95	65paid did not total thirty-five dollars or more.
96	96	66 SECTION 11. Section 43 of chapter 3 of the General Laws, as appearing in the 2020
97	97	67Official Edition, is hereby amended by striking the first sentence of the third paragraph contained
98	98	68in lines 41 to 54, inclusive, and inserting in place thereof the following text:
99	99	69 Every legislative agent, municipal agent and executive agent shall include in the
100	100	70statement required by this section for the relevant reporting period: (1) the identification of each
101	101	71client for whom the legislative, municipal or executive agent provided lobbying services; (2) a 5 of 9
102	102	72list of all bill numbers and names of legislation and other governmental action that the executive,
103	103	73municipal or legislative agent acted to promote, oppose or influence; (3) a statement of the
104	104	74executive, municipal or legislative agent's position, if any, on each such bill or other
105	105	75governmental action; (4) the identification of the client or clients on whose behalf the executive,
106	106	76municipal or legislative agent was acting with respect to each such bill or governmental action;
107	107	77(5) the amount of compensation received for executive, municipal or legislative lobbying from
108	108	78each client with respect to such lobbying services; and (6) all direct business associations with
109	109	79public officials. The disclosure shall be required regardless of whether the legislative agent,
110	110	80municipal agent or executive agent specifically referenced the bill number or name, or other
111	111	81governmental action while acting to promote, oppose or influence legislation, and shall be as
112	112	82complete as practicable.
113	113	83 SECTION 12. Section 43 of chapter 3 of the General Laws, as appearing in the 2020
114	114	84Official Edition, is hereby amended by inserting after the word “executive” in line 60 the
115	115	85following word:- “, municipal”.
116	116	86 SECTION 13. Section 43 of chapter 3 of the General, as appearing in the 2020 Official
117	117	87Edition, is hereby amended by inserting after the word “executive” in line 67 the following
118	118	88word:- “, municipal”.
119	119	89 SECTION 14. Section 43 of chapter 3 of the General Laws, as appearing in the 2020
120	120	90Official Edition, is hereby amended by inserting after the word “executive” in line 77 the
121	121	91following word:- “, municipal”.
122	122	92 SECTION 15. Section 44 of chapter 3 of the General Laws is hereby amended by
123	123	93inserting the following new sentence after the first sentence in line 26 of the first paragraph:- 6 of 9
124	124	94 On or before the fifteenth day of July, complete from January first through June thirtieth;
125	125	95and the fifteenth day of January, complete from July first to December thirty-first of the
126	126	96preceding year, any group or organization, however constituted, not employing a municipal
127	127	97agent which as part of an organized effort, expends in excess of two hundred and fifty dollars
128	128	98during any calendar year to promote, oppose, or influence municipal governmental action, or to
129	129	99influence the decision of any officer or employee of a covered municipal official, where such
130	130	100decision concern the adoption, defeat or postponement of a standard, rate, rule or regulation
131	131	101pursuant thereto, or to do any act to communicate directly with a covered municipal official to
132	132	102influence a decision concerning policy or procurement shall register with the state secretary by
133	133	103rendering a statement, under oath, containing the names and addresses of the principals of such
134	134	104group or organization, the purposes of the organization, such aforesaid decisions of such
135	135	105employees of the executive branch or an authority or legislation which affects those purposes,
136	136	106the total amount of expenditures, incurred or paid during the reporting period in furtherance of
137	137	107the foregoing objectives and an itemized statement containing all expenditures made for or on
138	138	108behalf of covered municipal officials and employees of such offices.
139	139	109 SECTION 16. Section 44 of chapter 3 of the General Laws, as appearing in the 2020
140	140	110Official Edition, is hereby amended by inserting after the word “executive” in line 56 the
141	141	111following word:- “, municipal”.
142	142	112 SECTION 17. Section 44 of chapter 3 of the General Laws, as appearing in the 2020
143	143	113Official Edition, is hereby amended by striking the text contained in the last paragraph in lines
144	144	11462 to 76, inclusive, and inserting in place thereof the following paragraph: 7 of 9
145	145	115 This section shall not apply to any group or organization that (i) does not employ an
146	146	116executive, municipal or legislative agent; (ii) does not realize a profit; (iii) does not make a
147	147	117contribution, as defined in section one of chapter fifty-five, to a political candidate or committee;
148	148	118(iv) does not pay a salary or fee to any member for any activities performed for the benefit of the
149	149	119group or organization; and (v) expends two thousand dollars or less during any calendar year to
150	150	120promote, oppose, or influence legislation, or the governor's veto or approval thereof, or to
151	151	121influence the decision of any officer or employee of the executive branch or an authority,
152	152	122including, but not limited to, statewide constitutional officers and employees thereof, or a
153	153	123covered municipal official and employees thereof, where such decision concerns legislation or
154	154	124the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto or
155	155	125other government action, or to do any act to communicate directly with a covered executive
156	156	126official or covered municipal official to influence a decision concerning policy or procurement.
157	157	127 SECTION 18. Section 45 of chapter 3 of the General Laws is hereby amended by
158	158	128inserting the following the words in the subsection (d) after the words “executive lobbying”:- ,
159	159	129municipal lobbying.
160	160	130 SECTION 19. Section 45 of chapter 3 of the General Laws, as appearing in the 2020
161	161	131Official Edition, is hereby amended by inserting after the word “executive” in line 96 the
162	162	132following word:- “, municipal”.
163	163	133 SECTION 20. Section 46 of chapter 3 of the General Laws, as appearing in the 2020
164	164	134Official Edition, is hereby amended by inserting after the word “executive” in line 1 the
165	165	135following word:- “, municipal”. 8 of 9
166	166	136 SECTION 21. Section 47 of chapter 3 of the General Laws, as appearing in the 2020
167	167	137Official Edition, is hereby amended by striking out the first sentence contained in lines 1 to 25,
168	168	138inclusive, and inserting in place thereof the following text:
169	169	139 “On or before the fifteenth day of July, complete from January first through June
170	170	140thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the
171	171	141preceding year, every employer of an executive, municipal or legislative agent shall render to the
172	172	142state secretary a complete and detailed itemized statement, under oath, listing all expenditures
173	173	143incurred or paid separately by such employer during the reporting period in connection with
174	174	144promoting, opposing or influencing legislation, or the governor's approval or veto thereof, or
175	175	145influencing the decision of any officer or employee of the executive branch or an authority,
176	176	146including, but not limited to, statewide constitutional officers and employees thereof, or a
177	177	147covered municipal official and employees thereof, where such decision concerns legislation or
178	178	148the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto or
179	179	149other government action, or to do any act to communicate directly with a covered executive
180	180	150official or covered municipal official to influence a decision concerning policy or procurement
181	181	151and all expenditures for or on behalf of the statewide constitutional officers, officers and
182	182	152employees of such offices, members of the general court, officers and employees of the general
183	183	153court, officers and employees of the executive branch and officers and employees of an
184	184	154authority, covered municipal officials and any employees thereof and the total amount thereof
185	185	155incurred or paid separately by such employer during the reporting period; and except that in the
186	186	156case of all expenditures the employer shall not be required to itemize the expenditures of any one
187	187	157day in which the amount incurred or paid did not total thirty-five dollars or more.” 9 of 9
188	188	158 SECTION 22. Section 47 of chapter 3 of the General Laws, as appearing in the 2020
189	189	159Official Edition, is hereby amended by inserting after the word “executive” in line 47 the
190	190	160following word:- “, municipal”.
191	191	161 SECTION 23. Section 48 of chapter 3 of the General Laws, as appearing in the 2020
192	192	162Official Edition, is hereby amended by inserting after the word “executive” in lines 6 and 8, as it
193	193	163appears in each instance, the following word:- “, municipal”.