COMMONWEALTH OF MASSACHUSETTS
STATE SENATOR
MICHAEL O. MOORE
SECOND WORCESTER DISTRICT
State House, Room 518, Boston, MA 02133 (617) 722-1485
June 25, 2009
Senate Passes Sweeping Ethics Reform Legislation
Bans Gifts; Empowers Ethics Commission
BOSTON — Senator Michael O. Moore (D-Millbury) and Senator Harriette L. Chandler (D-Worcester) are pleased to announce that the Senate today passed sweeping legislation that strengthens current ethics, lobbying and campaign finance laws, enhancing the integrity of the political process and helping to restore public trust. The consensus bill not only bans gifts to public officials, but also increases the authority of the Ethics Commission to investigate and prosecute alleged ethics violations.
“Today the Senate passed our most important reform to date, increasing penalties for any ethics or campaign finance law violations,” said Senator Michael O. Moore. “This bill continues the strong reform agenda of the legislature and will add to the restoration of the public’s trust in state government.”
“This landmark ethics reform bill, endorsed by Common Cause and passed on a unanimous, bipartisan vote, is an important step in resorting public trust and is another example of our commitment to reforming all aspects of state government,” said Senator Harriette L. Chandler.
The legislation bans all gifts to public officials, imposing a hefty civil violation for gifts up to $1,000 and makes it felony for anything with value greater than $1,000. The felony charge for gifts greater than $1,000 would carry a penalty of 5 years in prison, a $10,000 fine, or both, and would apply to both the recipient of the gift and the giver.
The bill also provides the Ethics Commission with enhanced investigatory power to do its work, including enhanced subpoena power, expanded regulatory authority and an increased statute of limitations. Additionally, the bill allows the commission to impose heftier civil sanctions by increasing penalties for all ethics laws violations.
A new lobbyist classification redefines and clarifies lobbying activities and captures actions that seek to wrongly influence official government activity.
The legislation defines “lobbyist” as anyone paid to promote, oppose or influence, or to attempt to influence the decision of any officer or employee of the executive or legislative branch and requires strict performance rules for lobbyists including registration with the Secretary of State, annual training and detailed reporting. The bill also closes the “success fees” loophole that awards lobbyists for a specific accomplishment, and it protects civic-minded citizens and non-profits from the strictest reporting requirements.
The bill also target reforms of our campaign finance system, eliminating all “special committee” arrangements between a state political party and an elected official, allowing only individual contributions up to $5,000 to a political party.
The bill also requires the disclosure of expenditures and funding for “electioneering communications” (those third-party mailings and ads that support or criticize a candidate or campaign). Furthermore, the bill prohibits individuals from making committee checks payable to themselves or using campaign funds to pay fines brought about by ethics violations.
The bill also does the following: