However, many professionals, including nonprofit leaders, spoke out about the potential unintended consequences and confusion surrounding the lobbying provisions of the law.
The law now requires a person to register as a lobbyist if he or she engages in “lobbying” and makes at least one communication to a government employee. But since “lobbying” is now defined to include the behind-the-scenes time spent on planning, researching issues and preparing comments and testimony on a wide range of legislative and executive branch matters, the law will cover many more people that few would regard as lobbyists.
Consider the following examples: A recent college graduate is hired as a research analyst for an environmental advocacy organization.
The analyst spends several weeks researching the environmental impact of a proposed natural resources regulation and writes up her analysis. She attends a meeting of environmental specialists with a governmental employee to explain her findings.
The executive director of a homeless shelter sees that cuts in a proposed state budget would effectively close his shelter and put families on the street. He spends days pleading with any government official he can to restore the funding.
The head of a community hospital discovers that a state rule change would save the state money and allow for better health care to be provided to the working poor. She writes up her idea and meets with a government official to persuade the state to change the rule.
In each of these examples and in many others like them the individual likely would be required to register as a lobbyist.
Registration not only includes the payment of a fee, but also will require both the individual and the individual’s employer to make detailed reports every six months. The reports include which matters the individual “lobbied” on, what position he or she espoused, how much in salary and other costs – ranging from postage to electricity – was spent in support of the “lobbying” and more.
Every hour and every dollar spent on responding to these administrative obligations is time and money diverted from the organization’s core mission. Some fear that many people who are required to register under the new law will unintentionally fail to do so, thereby incurring liability for the new fines and criminal penalties.
However, our most serious concern is an impact that can be major, profound and negative, and yet still go unnoticed. We have heard from many in the nonprofit community that they will not violate the law, nor will they become registered lobbyists.
They will simply choose not to get involved in civic engagement at all at the state level, saying, “It’s just not worth the hassle.” This response not only results in a decrease in needed civic engagement by citizens, but it also deprives government of the expertise of people most directly affected by government action or inaction.
I was told recently by a representative of a major nonprofit with expertise in housing matters that in-house staff experts were advised that they should no longer communicate with government employees for fear that they might be violating the lobbying law.
The perverse irony here is that when the voice of organizations that focus on the needs of those without power and money is suppressed, the voice of those with power and money is enhanced: clearly not the intent of the reform bill!
We at the Massachusetts Nonprofit Network, www.massnonprofitnet.org, have been actively involved in following these issues and advocating for legislative clarifications. It has been tough because policymakers fear being judged as “watering down” the law.
We will continue to track the impact of the new law, attempt to help others understand the changes as clarification emerges and propose clarifying or moderating legislation if necessary.
In the meantime, we recommend that people seeking clarification check the website of Secretary Galvin, www.sec.state.ma.us/LobbyistWeb It may not answer all questions, but it is the best official source available at this time. It might also be appropriate to speak with local legislators about the unintended consequences of the Act.
Source:masslive.com/
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