Lobbying FAQs

General Administrative Questions

When did the lobbying law, “An Act to Improve the Laws Relating to Campaign Finance, Ethics and Lobbying,” take effect?

The legislation has been in effect since January 1, 2010.

Where can I obtain a copy of “An Act to Improve the Laws Relating to Campaign Finance, Ethics and Lobbying”?

The Act is found in Chapter 28 of the 2009 Massachusetts Session Laws. An unofficial text of the Act can be found online at: malegislature.gov/Laws/SessionLaws/Acts/2009/Chapter28

For an official text of “An Act to Improve the Laws Relating to Campaign Finance, Ethics and Lobbying,” refer to an official edition of the Massachusetts Acts and Resolves.

Where can I obtain a copy of the Massachusetts Lobbying Laws?

The lobbying laws are set forth in M.G.L. Chapter 3, Sections 39 – 50.  The Commonwealth of Massachusetts has an unofficial version on the General Court's website at: malegislature.gov/Laws/GeneralLaws

For an official version of the lobbying law, it is recommended that you refer to M.G.L. Chapter 3, Sections 39 – 50 in an official edition of the Massachusetts General Laws.

When are the registration and disclosure deadlines?

Registration statements are due annually by December 15th of the year preceding the registration year. The annual registration shall be completed not later than December 15 of the year preceding the registration year. A client or lobbyist entity hiring, employing or agreeing to employ a lobbyist entity, legislative agent or executive agent after January 1 of the registration year shall, within 10 days after such employment or agreement, register.
Disclosure statements are due bi-annually. They should be filed by July 15th for the period covering January 1st – June 30th of the year. They should be filed by January 15th for the period covering July 1 – December 31st of the preceding year.

What are the registration filing fees?

• Lobbyist entities pay an annual filing fee of $1000.
• Legislative and Executive agents pay an annual filing fee of $100.
• Clients pay an annual fee of $100 for each lobbyist entity they hire.

Did the new legislation change the disclosure late fees?

For the first 20 days your disclosure statement is past due, you will be charged $50. For every day after the 20th day, you will be charged $100. You will be charged until you pay the late fee and file the disclosure statement.

Registration General Questions – Examples

An executive officer and/or other employees of an organization testify before legislative committees or executive agencies on issues affecting their business. Are they required to register as agents?

If they meet the definition of legislative lobbying, executive lobbying, or both and meet the criteria of an executive, a legislative or both, they must register with the lobbyist section. The definitions are set forth in M.G.L. Chapter 3, Section 39.

A person is retained to advocate for a client on an issue before a municipal government, are they required to register as a lobbyist?

The definitions of executive and legislative lobbying include 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 executive or legislative lobbying at the state level. (Emphasis added).

Thus, if the municipal lobbying relates to a common purpose of lobbying at the state level as described above, meeting the definition of lobbying, and the advocate meets the criteria of being either an executive agent, a legislative agent, or both, then he must register as a lobbyist with the Lobbyist Division.

A business entity has retained a law firm to represent its interests. The attorneys assigned to the client are sometimes called on to lobby the company’s position on issues before the legislature or executive agencies. Are the attorneys considered lobbyists?

Attorneys have no special status under the Massachusetts Lobbying Law. The attorneys are required to register if, as part of their regular and usual business activities and not simply incidental thereto, they engage in lobbying and meet the criteria of being legislative agents, executive agents, or both as defined in M.G.L. Chapter 3, Section 39.

A lawyer is representing his client on a pro-bono basis at a regulatory hearing before an executive agency. What is the impact of the lobbying law concerning this type of situation?

The lawyer is required to register if, as part of his regular and usual business activities and not simply incidental thereto, he engages in lobbying and meets the criteria of being a legislative agent, and executive agent, or both as defined in M.G.L. Chapter 3, Section 39.

If I am required to register as a lobbyist in Massachusetts, am I still permitted to participate on boards, commissions, groups, etc.?

Yes, you can still participate on boards, commissions, and groups. M.G.L. Chapter 3, Sections 39-50 pertains to lobbying. Sections 39-50 do not contain restrictions that prohibit or limit registered lobbyists from serving on or belonging to boards, commissions, or groups. Further, Section 39 defines an “Act to communicate directly with a covered executive official to influence a decision concerning policy or procurement,” and specifically enumerates eleven activities that do not fall within that definition, including “an act made in the course of participation in an advisory committee or task force.”

For additional information, please see the educational seminar.