Bill Text: MA S347 | 2009-2010 | 186th General Court | Introduced
Bill Title: Restore public confidence in government by eliminating pay-to-play opportunities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-09-02 - Accompanied a study order, see S02615 [S347 Detail]
Download: Massachusetts-2009-S347-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
James B. Eldridge
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to Restore Public Confidence in Government by Eliminating "Pay-to-Play" Opportunities .
_______________
PETITION OF:
|
Name: |
District/Address: |
|
James B. Eldridge |
Middlesex and Worcester |
|
Steven J. D'Amico |
4th Bristol |
|
Matthew C. Patrick |
3rd Barnstable |
|
Denise Provost |
27th Middlesex |
|
Jennifer M. Callahan |
18th Worcester |
|
Susan C. Tucker |
Second Essex and Middlesex |
|
Thomas M. Stanley |
9th Middlesex |
|
Scott P. Brown |
Norfolk, Bristol and Middlesex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to Restore Public Confidence in Government by Eliminating
"Pay-to-Play" Opportunities .
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1: Section 1 of Chapter 55 of the General Laws is hereby amended by inserting the following definitions:--
“Expense directly related to the campaign of a candidate,” an expense directly involved in an election campaign including, without limitation, expenses such as postage, printing, advertising, staffing, polling, and other such expenditures, as further regulated by the director, but shall not include expenses which merely enhances a candidate’s political future.
SECTION 2: Section 6 of Chapter 55 of the General Laws is hereby amended by striking in the first sentence the words “the office of governor, lieutenant governor, attorney general, state secretary, treasurer and receiver general, or auditor” and inserting therefore:--
public office in the Commonwealth
SECTION 3: Section 6 of Chapter 55 of the General Laws is hereby amended by striking in the first sentence the words “primarily for the candidate’s or any other person’s personal use” and inserting therefore:--
substantially for the candidate’s or any other person’s personal use, provided, however, that the director shall establish reasonable rules and regulations concerning such expenditures
SECTION 4: Section 6 of Chapter 55 of the General Laws is hereby further amended by striking the second paragraph and inserting therefore:--
Any other political committee, except as hereafter provided, duly organized, may receive, pay and expend money or other things of value for the reasonable and necessary expenses directly related to the principle for which the committee was organized so long as such expenditure is not substantially for any person's personal use, provided, however, that the director shall establish reasonable rules and regulations concerning such expenditures; and provided, further, that such committee may contribute to other political committees provided, further, that the aggregate of all such contributions made by such a committee shall not exceed in any one calendar year the sum of one hundred dollars to each committee; and provided further, that the aggregate of all such contributions made by such a committee shall not exceed in any one calendar year the sum of fifteen hundred dollars.
SECTION 5: Section 7A of Chapter 55 of the General Laws is hereby amended by striking the words “calendar year” wherever it appears and inserting in place thereof:--
“election”
SECTION 6: Chapter 55 of the General Laws is hereby amended by inserting after section 13 the following new sections:--
Section 13A. No legislative or executive agent, as defined by section 39 of chapter 3, shall directly or indirectly solicit or receive any gift, payment, contribution, assessment, subscription or promise of money or other thing of value for the political campaign purposes of any candidate for the office of Governor, Lieutenant Governor, Attorney General, State Auditor, State Treasurer, State Secretary, state senator or state representative, a political committee established or controlled by any such candidate, a legislative caucus committee, a legislative leadership committee or a party committee, but this section shall not prevent such persons from being members of political organizations or committees. The soliciting or receiving of any gift, payment, contribution, assessment, subscription or promise of money or other thing of value by a non-elected political committee organized to promote the candidacy for public office of a legislative or executive agent, shall not be deemed to be a direct or indirect solicitation or receipt of such contribution by such person;
Violation of any provision of this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars.
Section 13B.
(1) Definitions used in this section:
(A) "Quasi-public agency" means
any authority or entity established by the General Court to serve a public
purpose including Bay State Skills Corporation, Boston Metropolitan District,
Centers of Excellence Corporation, Community Economic Development Assistance
Corporation, Community Development Finance Corporation, Government Land Bank,
Massachusetts Bay Transportation Authority, Massachusetts Business Development
Corporation, Massachusetts Convention Center Authority, Massachusetts
Corporations for Educational Telecommunications, Massachusetts Educational Loan
Authority, Massachusetts Health and Educational Facilities Authority,
Massachusetts Horse Racing Authority, Massachusetts Housing Finance Agency,
Massachusetts Industrial Finance Agency, Massachusetts Industrial Service
Program, Massachusetts Port Authority, Massachusetts Product Development
Corporation, Massachusetts Technology Development Corporation, Massachusetts
Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts
Water Resources Authority, Pension Reserves Investment Management Board, State
College Building Authority, Southeastern Massachusetts University Building
Authority, Thrift Institutions Fund for Economic Development, University of
Lowell Building Authority, University of Massachusetts Building Authority, and
the Water Pollution Abatement Trust
(B) "State agency" means any
office, department, board, council, commission, institution or other agency in
the executive, legislative or judicial branch of state government.
(C) "State contract" means an
agreement or contract with the state or any state agency or any quasi-public
agency, having a value of fifty thousand dollars or more, or a combination or
series of such agreements or contracts having a value of one hundred thousand
dollars or more in a fiscal year, for (i) the rendition of personal services,
(ii) the furnishing of any material, supplies or equipment, (iii) the
construction, alteration or repair of any public building or public work, (iv)
the acquisition, sale or lease of any land or building, (v) a licensing
arrangement, or (vi) a grant, loan or loan guarantee.
(D) "State contractor" means a
person, business entity or nonprofit organization that enters into a state
contract. Such person, business entity or nonprofit organization shall be
deemed to be a state contractor until the termination of said contract.
"State contractor" does not include a municipality or any other
political section of the state or an employee in the executive, legislative or
judicial branch of state government or a quasi-public agency, whether in the
classified or unclassified service and full or part-time, and only in such
person's capacity as a state or quasi-public agency employee.
(E) "Prospective state
contractor" means a person, business entity or nonprofit organization that
(i) submits a bid in response to a bid solicitation by the state, a state
agency or a quasi-public agency, or a proposal in response to a request for
proposals by the state, a state agency or a quasi-public agency, until the
contract has been entered into. "Prospective state contractor" does
not include a municipality or any other political section of the state or an
employee in the executive, legislative or judicial branch of state government
or a quasi-public agency, whether in the classified or unclassified service and
full or part-time, and only in such person's capacity as a state or
quasi-public agency employee.
(F) "Principal of a state contractor
or prospective state contractor" means (i) an individual who is a member
of the board of directors of, or has an ownership interest in, a state
contractor or prospective state contractor, which is a business entity, except
for an individual who (I) owns less than twenty-five per cent of the shares of
any such state contractor or prospective state contractor that is a publicly
traded corporation, or (II) is a member of the board of directors of a
nonprofit organization qualified under Section 501(c)(3) of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code of
the United States, as from time to time amended, (ii) an individual who is
employed by a state contractor or prospective state contractor, which is a
business entity, as president, treasurer or executive or senior vice president,
(iii) an individual who is the chief executive officer of a state contractor or
prospective state contractor, which is not a business entity, (iv) an employee
of any state contractor or prospective state contractor who has managerial or
discretionary responsibilities with respect to a state contract, (v) the spouse
or a dependent child of an individual described in this subparagraph, or (vi) a
political committee established by or on behalf of an individual described in
this subparagraph.
(2) No principal of a state contractor or
prospective state contractor, with regard to a state contract, bid solicitation
or request for proposals with or from a state agency in the executive branch or
a quasi-public agency, shall make a contribution to, or solicit contributions
on behalf of (i) an exploratory committee or candidate committee established by
a candidate for nomination or election to the office of Governor, Lieutenant
Governor, Attorney General, State Auditor, State Secretary, or State Treasurer,
(ii) a political committee authorized to make contributions or expenditures to
or for the benefit of such candidates, or (iii) a party committee;
(3) No principal of a state contractor or
prospective state contractor, with regard to a state contract, bid solicitation
or request for proposals with or from the General Assembly, shall make a
contribution to, or solicit contributions on behalf of (i) an exploratory
committee or candidate committee established by a candidate for nomination or
election to the office of state senator or state representative, (ii) a
political committee authorized to make contributions or expenditures to or for
the benefit of such candidates, or (iii) a party committee;
(4) If a principal of a state contractor
makes or solicits a contribution prohibited under subparagraph (A) or (B) of
this section, the contracting state agency or quasi-public agency may, void the
existing contract with said contractor, and no state agency or quasi-public
agency shall award the state contractor a state contract or an extension or an
amendment to a state contract for one year after the election for which such
contribution is made or solicited. Each state contract shall include the
provisions of subparagraph (2) or (3) of this section, whichever is applicable,
and this subparagraph as conditions of the contract; and
(4) If a principal of a prospective state
contractor makes or solicits a contribution prohibited under subparagraph (2)
or (3) of this section, no state agency or quasi-public agency shall award the
prospective state contractor the contract described in the bid solicitation or
request for proposals, or any other state contract for one year after the
election for which such contribution is made or solicited. Each state agency and
quasi-public agency shall include the provisions of subparagraph (2) or (3) of
this section, whichever is applicable, and this subparagraph in each bid
solicitation and request for proposals issued by the agency. The chief
executive officer of each prospective state contractor shall: (i) Inform each
individual described in subparagraph (F) of subsection (1) of this section with
regard to said prospective state contractor concerning the provisions of
subparagraph (2) or (3) of this section, whichever is applicable, and this
subparagraph, (ii) certify in a sworn statement that no such individual will
make or solicit a contribution in violation of the provisions of subparagraph
(2) or (3) of this section, whichever is applicable, and this subparagraph, and
(iii) acknowledge in writing that if any such contribution is made or
solicited, the prospective state contractor shall be disqualified from being
awarded the contract described in the bid solicitation or request for proposals
or being awarded any other state contract for one year after the election for
which such contribution is made or solicited.
(5) (A) Neither the Governor, Lieutenant
Governor, Attorney General, State Auditor, State Secretary, or State Treasurer,
any candidate for any such office nor any agent of any such official or
candidate may solicit contributions on behalf of an exploratory committee or
candidate committee established by a candidate for nomination or election to
any public office, a political committee or a party committee, from a principal
of a state contractor or prospective state contractor with regard to a state
contract, bid solicitation or request for proposals with or from a state agency
in the executive branch or a quasi-public agency or a holder of a valid
prequalification certificate.
(B) Neither a member of the General
Assembly, any candidate for any such office nor any agent of any such official
or candidate may solicit contributions on behalf of an exploratory committee or
candidate committee established by a candidate for nomination or election to
any public office, a political committee or a party committee, from a principal
of a state contractor or prospective state contractor with regard to a state
contract, bid solicitation or request for proposals with or from the General
Assembly or a holder of a valid prequalification certificate.
(6) The provisions of this section shall
not restrict a principal of a state contractor or prospective state contractor
from establishing an exploratory or candidate committee for said principal's
own campaign or from soliciting contributions for such committees from persons
not prohibited from making contributions under this subsection.
(7) Each state agency and quasi-public
agency shall prepare and forward to the Office of Campaign and Political
Finance, on a form prescribed by said director, a list of the state contracts
for which the agency is a party and a list of the principals of state
contractors or prospective state contractors for (A) such contracts, and (B)
any bid solicitations or requests for proposals issued by the agency. Each
state agency and quasi-public agency shall forward to said Office, on a form
prescribed by the director, any changes additions or deletions to said lists.
(8) The Office of Campaign and Political
Finance shall (A) compile a master list of principals of state contractors and
prospective state contractors for all state agencies and quasi-public agencies,
based on the information received under section (1) of this subsection, (B)
publish the master list on the Office's Internet web site, and (C) provide
copies of the master list to campaign treasurers upon request. The office shall
update the master list every three months. Any campaign treasurer who acts in
reliance on such master list in good faith shall have a complete defense in any
action against the campaign treasurer for depositing a contribution in
violation of subsection (5) of this section.
(9) Violation of any provision of this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars.
