October 6, 2009 — Although Gov. Deval Patrick last week signed a law that delayed until Jan. 1 implementation of the lobbying provisions of the state’s new ethics law, confusion surrounding the new regulations still exists, according to a leading nonprofit spokesman.

According to David P, Magnani, executive director of Massachusetts Nonprofit Network, the state’s nonprofit trade association, “The nonprofit sector needs clarification on what the measure would mean to us. We hope the secretary of state will issue an advisory opinion on how the language of the bill will actually be interpreted.”

Noting that the new Ethics, Campaign Finance, and Lobbying Law “addresses some very important areas of reform,” Magnani, a former state senator, said, ”I know that when a bill of this magnitude is first passed, it is common for unintended consequences to emerge, which require technical corrections in the form of regulations or in a later bill.“

He said that his organization has heard from policy makers that the new measure “never intended to catch as many people in the lobbyist net that this bill seems to catch.”

Under the new law, originally scheduled to take effect on Sept. 29, thousands of nonprofit leaders and employees could be forced to register as lobbyists, according to Magnani. The extension will give nonprofits time to clarify and potentially make changes to the lobbying provisions of the law.

The law was intended to renew confidence in government and to promote openness after the well-publicized scandals with former House Speaker Salvatore DiMasi and former State Senator Dianne Wilkerson. In addition to the lobbying provisions, the law introduces a strong ban on gifts to public officials, increases penalties for civil and criminal violations of ethics laws, and expands the investigative and enforcement power of a number of state authorities.

While the law does a number of positive things, the provisions related to lobbying are too broad and have unintended consequences, Magnani said.

Currently, the law defines lobbying as “strategizing, planning, and research if performed in connection with, or for use in, an actual communication with a government employee.” The law also reduces the amount of permissible incidental lobbying from 50 hours or $5,000 in any six-month reporting period to 25 hours or $2,500 in any six-month reporting period. Individuals who exceed the limit set for permissible incidental lobbying will have to annually complete a certification course to register for a lobbying license.

Under these rules, many nonprofit leaders and employees would have to identify themselves as lobbyists, burdening their groups financially and otherwise at a time when the organizations are trying to provide even more services with fewer resources, said Magnani.

He noted, “Leaders of several major nonprofits have expressed concern about the lobbying provisions of the new law, saying that policy makers often seek out the expertise nonprofits can provide. With the new laws, nonprofit leaders would hesitate to interact with state officials. Also, work on routine programmatic matters could be considered lobbying. The law would limit the ability of many nonprofit groups to fulfill their missions.”

MNN is working with nonprofit and business leaders and public officials to clarify the law, and will provide training and updates through the fall.