HOUSE DOCKET, NO. 4231        FILED ON: 3/20/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3980

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relating to prohibiting gifts from lobbyists..

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 3 of chapter 268A, as so appearing, is hereby amended by

striking out clauses (a) and (b) and inserting in place thereof the following 2 clauses:-

(a) Whoever, otherwise than as provided by law for the proper discharge of his official

duties, directly or indirectly gives, offers, or promises anything of substantial value to any

present or former state, county, or municipal employee or to any member of the judiciary,

or to any person selected to be such an employee or member of the judiciary for or

because of the employee's official position; or

(b) Whoever, being a present or former state, county, or municipal employee or member

of the judiciary, or person selected to be such an employee or member of the judiciary,

otherwise than as provided by law for the proper discharge of his official duties, directly

or indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive

anything of substantial value for himself for or because of the employee's official

position; or.

SECTION 2. Section 3 of chapter 268A, as so appearing, is hereby further amended by

adding the following paragraph:-

The commission shall adopt regulations: (i) defining "substantial value," provided

however that "substantial value" shall not be less than $50; (ii) establishing exclusions

for ceremonial gifts; (iii) establishing exclusions for gifts given solely because of family

or friendship; and (iv) establishing additional exclusions for other situations that do not

present a genuine risk of a conflict or the appearance of a conflict of interest.