Ethics bill gets bigger; House OKs measure.

Byline: John J. Monahan

BOSTON - The House expanded its ethics reform bill yesterday to increase penalties for bribery and prohibit use of campaign funds to pay fines for ethics violations, while rejecting proposed bans on campaign contributions from lobbyists and political action committees.

Those decisions came as the House voted unanimously to pass the far-reaching reform legislation that House Speaker Robert A. DeLeo, D-Winthrop, said should help restore public confidence in the legislative process, battered by a series of bribery and influence-pedaling scandals on Beacon Hill in recent months.

They include the arrest of former state Sen. Dianne Wilkerson of Boston on federal bribery charges and ongoing investigations into House lobbying activities involving former Speaker Salvatore F. DiMasi, of Boston, who resigned abruptly earlier this year.

The bill, which will now go to the Senate, would boost penalties for bribery to $100,000 and 10 years in prison, expand reporting requirements for lobbyists and political strategists who work on legislation, prohibit all gifts from lobbyists to public officials, and provide the secretary of state with subpoena power to investigate suspected illegal lobbying activities.

Not included were key reforms sought by Gov. Deval L. Patrick, including an outright ban on gifts - except from family members - worth more than $50 to public officials, and new legal authority to allow undercover recording in investigations of illegal lobbying and bribery activities.

In a final amendment offered by House leadership during debate last night, the House adopted new language on bribery laws, covering gifts to state, county and municipal employees intended to influence official acts.

It would impose criminal penalties of up to $100,000 or imprisonment for up to 10 years for anyone who directly or indirectly and "knowingly" gives, solicits or receives gifts of substantial value to influence, or attempt to influence, an official act by a state, county or municipal employee.

Currently state law - one of the most lenient in the nation - provides penalties up to $5,000 and three years in prison for bribery of a public official.

The amendment came as a revision to bribery provisions sought by state Rep. Jennifer M. Callahan, D-Sutton. She said the final wording in the amendment would weaken the legislation because it would require the state to prove a person knowingly gave or accepted something to influence, or attempt to influence, an official act.

The House rejected two open government amendments from Ms. Callahan to allow the public and the press to attend legislative caucuses where bills are often debated and decided outside of public view, and to set new rules for closing legislative committee meetings to the public.

Another Callahan amendment to ban lobbyists from making or soliciting campaign contributions, which would have a major impact on how campaign funds are raised by Massachusetts politicians, also was defeated on a voice vote. Opponents argued that a ban on lobbyist donations would threaten constitutional rights of lobbyists, but Ms. Callahan said the courts have allowed the ban in Florida as constitutionally sound and similar bans are in effect in nine states.

State Rep. Lewis G. Evangelidis, R-Holden, got an amendment adopted to prohibit use of campaign funds to pay fines for violations imposed by the Ethics Commission for conflict-of-interest violations. There was also adoption of an amendment by state Rep. George N. Peterson, R-Grafton, described as "the Al Capone amendment" because it would require public officials receiving illegal bribes or unlawful payments to report them as income and pay taxes on the income or face criminal tax evasion penalties.

State Rep. Paul K. Frost, R-Auburn, argued for a Republican-sponsored amendment to prohibit candidates for state office from accepting campaign contributions from political action committees, which often represent unions, business groups or nonprofit organizations. He said the ban would eliminate perceptions by the public "that decisions made here can be influenced by those contributions."

"It would be a giant step forward for transparency and ethics reform," Mr. Frost said. Opponents, however, prevailed on a vote of 143-7, after arguing the ban would threaten constitutional rights to free speech.

Under the bill that passed, penalties for violating lobbying laws would be increased up to $10,000 or five years in prison. It also would expand lobbying reporting requirements and rules to include strategists and advocates who plan legislation or strategies for passage of legislation or other legislative actions, even if they do not have direct contact with lawmakers.