An Act To
Maine Legislature, Session 123, LD 2068
Committee Amendment CA_A_H895 (House)
Amends: 3 MRSA §312-A, 3 MRSA §313-A, 3 MRSA §316-A, 3 MRSA §317, 3 MRSA §322

COMMITTEE AMENDMENT ,,/1 " to H.P. 1452, L.D. 2068, Bill, "An Act To 
Amend the Laws Governing Lobbyist Disclosure" 
Amend the bill by inserting after the enacting clause and before section I the 
following: 
'Sec. 1. 3 MRS A §312-A, sub-§4-A is enacted to read: 
4-A. Covered official. "Covered official" means an official in the executive branch, 
an official in the legislative branch, a constitutional officer, the Governor and the 
Governor's cabinet and staff. 
Sec.2. 3 MRSA §312-A, sub-§4-B is enacted to read: 
4-B. Domestic partner. "Domestic partner" means the partner of an individual who: 
A. Is a mentally competent adult as is the individual; 
B. Has been legally domiciled with the individual for at least 12 months; 
C. Is not legally married to or legally separated from another individual; 
D. Is the sole partner of the individual and expects to remain so; and 
E. Is jointly responsible with the individual for each other's common welfare as 
evidenced by joint living arrangements, joint financial arrangements or joint 
ownership of real or personal property.' 
Amend the bill in section 2 in subsection 7-A in the 2nd line (page 1, line 14 in L.D.) 
by striking outthe following: "as defined in Title 22, section 2710, subsection 2" 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 3 MRSA §312-A, sub-§8-A is enacted to read: 
8-A. Legislative designee. "Legislative designee" means any employee of a state 
department or agency who is directed by the head of the department or agency to lobby or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 1452. L.D. 2.68 
monitor legislation on behalf of the department or agency. 
"Legislative designee" 
includes an employee who is reasonably expected to lobby or monitor legislation on 
behalf of the department or agency for more than 20 hours during the session. For the 
purposes of this subsection, "monitoring legislation" means attending legislative hearings 
and sessions regarding a legislative action. 
Sec. 4. 3 MRSA §312-A, sub-§9, as amended by PL 2007, c. 373, § 1, is further 
amended to read: 
9. Lobbying. "Lobbying" means to communicate directly with any official in the 
legislative branch or any official in the executive branch or with a constitutional officer 
for the purpose of influencing any legislative action or with the Governor or the 
Governor's cabinet and staff for the purpose of influencing the approval or veto of a 
legislative action when reimbursement for expenditures or compensation is made for 
those activities. "Lobbying" includes the time spent to prepare and submit to the 
Governor, an official in the legislative branch, an official in the executive branch, a 
constitutional officer or a legislative committee oral and written proposals for, or 
testimony or analyses concerning, a legislative action. "Lobbying" does not include time 
spent by any person providing information to or participating in a subcommittee, 
stakeholder group, task force or other work group regarding a legislative action by the 
appointment or at the request of the Governor, a Legislator or legislative committee, a 
constitutional officer, a state agency commissioner or the chair of a state board or 
commission as long as the person's regular employment soes not otherwise inelude 
lobbying. 
Sec. 5. 3 MRSA §312-A, sub-§10-C, as enacted by PL 2007, c. 373, §2, is 
amended to read: 
to-C. Official in the executive branch. "Official in the executive branch" means an 
individual in a major policy-influencing position in a department or agency listed in 
section 959 or in Title 5, chapter 71, and the Governor's cabinet and staff ans any 
individual in a major poli~' infiueneing position in any other ageney or independent 
agens)" as defines in seetion 953, who is not speeifieall~' narnes in Title 5, shapter 7l. As 
used in this chapter, "major policy-influencing position" means those positions listed in 
Title 5, chapter 71 and officers or employees of departments and agencies listed in 
section 959 and in Title 5, chapter 71 who have policy development as a major function 
of their positions. 
Sec. 6. 3 MRSA §312-A, sub-§l1-A, as repealed and replaced by PL 1993, c. 
691, § 7, is amended to read: 
ll-A. Original source. "Original source" means any person who contributes ~ 
or pays $1,000 or more in any lobbying year directly or indirectly to any employer of a 
lobbyist for purposes of lobbying, except that contributions of membership dues to 
nonprofit corporations formed under Title 13-B, under any equivalent state law or by 
legislative enactment are not considered contributions by an original source. 
Sec. 7. 3 MRSA §313-A, as enacted by PL 1993, c. 691, § 11, is amended to read: 
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COMMITTEE AMENDMENT "f}. to H.P. 1452, L.D. 2068 
§313-A. Registration of state employees or state agency employees 
')lithiA 5 d~'s of the eOA'reAiAg of a regular legislative sessioA, a state employee or aA 
independent ageAe~' employee mast register at the offioe of the oommission as deseribed 
in seetioA 316 A if: Within 15 business days of the convening of a regular legislative 
session, a department or agency shall register with the commission as described in section 
316-A those officers or employees who will serve as the department's or agency's 
legislative designees for the session. The department or agency shall file an updated 
registration form later in the session containing any changes of its designees within 1 5 
business days of the change. 
1. Legislative designee. The employee is designated by the head of a departmeRt or 
ageAey to sePie as the primary legislative designee for that departmeAt or ageA6Y; aAd 
1. Lobbying nquiFements. The job deseriptiofl of the employee 60fltaifls iobb;)'ing 
reqairemeAts. 
An employee registeriAg who is required to be registered under this section is exempt 
from all other requirements under the law regarding lobbyists.' 
Amend the bill in section 5 in subsection 2 by striking out all of paragraph F and 
inserting the following: 
'F. A list of officials in the executive branch as defined in section 312-A, subsection 
10-C.' 
Amend the bill in section 6 in §316 by striking out all of subsection 2-A. 
Amend the bill by striking out all of sections 7 and 8 and inserting the following: 
'Sec. 7. 3 MRSA §316-A, as enacted by PL 1993, c. 691, §17, is amended to read: 
§316-A. Registration forms for state employees or state agency employees 
The commission shall prepare and make available registration forms for the 
registration of state employees or state agency employees required to register pursuant to 
section 313-A. These forms must include the following information: 
1. Names. The name, business address and contact information of the employee and 
the department or agency the employee is representing and the address for the publicly 
accessible website of the department or agency the employee is representing; aHd 
2. Position description. A position description~~ 
3. Description of agency. A description of the department or agency the employee 
is representing, its jurisdiction and its activities: and 
4. Legislative interests. The general subject areas of legislation that the department 
or agency is attempting to influence. 
These forms must be signed by the employee and the signature serves as a certificate 
that the information on that form is true, correct and complete. 
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COMMITTEE AMENDMENT .. R 
.. to ILP. 1452, L.D. 2068 
Sec. 8. 3 MRSA §317, sub-§l, as amended by PL 2007, c. 373, §§3 to 5, is 
further amended to read: 
1. Monthly session reports. During the period in which the Legislature is in session, 
every registered lobbyist shall file with the commission, no later than H 11 :59 p.m. on 
the 15th calendar aays sl:lsseql:leHt to the eORell:lsion of the preeeaing day of each month, 
a report concerning the lobbyist's activities for the previous month regarding each 
employer. 
Every lobbyist shall report that lobbyist's lobbying activities for each month that the 
Legislature is in session, even if no lobbying has been performed or compensation or 
reimbursement for expenses received for the month. In the case of a lobbyist representing 
multiple employers, if no lobbying or services in support of lobbying were performed, 
one report listing each employer on whose behalf no lobbying was conducted may be 
submitted. The monthly report must contain the following information: 
A. The month to which the report pertains; 
B. The name and address of the lobbyist and employer; 
C. The names of the individuals who lobbied during the month; 
D. 
The specific dollar amount of compensation received for the preparatioR of 
aOel:lmeRts aRa researeh for the primary pl:lFpose of iRfll:leReiRg legislative aetioR aRa 
for lobbying activities, speeif),iRg the as defined in section 312-A, subsection 9, 
during the month. The amount of compensation received for lobbying officials in the 
legislative branch, officials in the executive branch and constitutional officers must 
be reported separately. 
In the case of a regular employee, the specific dollar amount must be computed by 
mUltiplying the number of hours devoted to the preparation of documents and 
research for the primary purpose of influencing legislative action and to lobbying by 
the employee's regular rate of pay based on a 40-hour week; 
E. 
The specific dollar amount of expenditures made or incurred by the lobbyist 
during the month that is the subject of the report with regara to the preparatioR of 
dOel:lmeRts aRa researeh for the primary purpose of iRflueReing legislati'/e aetioR aRa 
to for purposes of lobbying as defined in section 312-A, subsection 9 for which the 
lobbyist has been or expects to be reimbursed, speeifyiRg the . The amount of 
expenditures for lobbying officials in the legislative branch, officials in the executive 
branch and constitutional officers must be reported separately; 
F. The total amount of mORey expeRded expenditures by the lobbyist or the employer 
directly to or on behalf of one or more covered officials of the legislative srafteh, 
including members of the official's immediate family, aRd the amouRt, if aR)', for 
whish the lobbyist has beeR or expeets to be reimbl:lrsed; 
G. The Rame of aR offieial iR the legislative braneh or a member of that offieial's 
immediate family on whose behalf aft expendirure or expeRditures totaling $25 or 
more 'were made in aRY ORe ealeRdar mORth For any expenditure of money or 
anything of value made by the lobbyist or employer on behalf of a covered official or 
a member of the official's immediate family with a total retail value of $25 or more, 
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COMMITTEE AMENDMENT .. A 
.. t. H.P. 1452, L.D.2068 
the name of the official or family member, the person making the expenditure and the 
date, amount and purpose of the expenditure or e*fleHditHres.; 
G-l. The date and a description of an event, a list of all officials in the legislative 
branch or executive branch or members of an official's immediate family in 
attendance and the total amount of expenditures for the event, if the total amount of 
the expenditures for officials and family members is $250 or more; 
H. A list of each legislative action by Legislative Document er number, if uHlrnowH 
specific issue, by SeHate Paper or House Paper R\:Imber or, if UHlrnOWH, by topie or 
nomination or other matter in connection with which the lobbyist is engaged in 
lobbying; 
I. 
A list specifically identifying each legislative action, Legislative DoeumeHt, 
SeHate Paper, House Paper or RomiHatioH for which the lobbyist was compensated or 
expects to be compensated, or expended in excess of $1,000 for lobbying activities 
related to those actions and a statement of the amounts compensated or expended for 
each; and 
J. If tbe lobbyist is required to make a speeifie list of items uHder paragraph I, a A 
list of all original sources of aHY mOHe~' reeei'led from that employer must be 
iHeluded who have contributed or paid $1,000 or more during the lobbying year 
directly or indirectly to the employer for purposes of lobbying. If the emplo~[er or 
persoR '",bo eontributes to aH emplo~[er original source is a corporation formed under 
Title 13 or 13-C or former Title 13-A, nonprofit corporation formed under Title 13-B 
or limited partnership under Title 31, the corporation, nonprofit organization or 
limited partnership, not the individual members or contributors, is must be listed as 
the original source. 
Sec. 9. 3 MRSA §317, sub-§2, as amended by PL 2001, c. 430, §6, is further 
amended to read: 
2. Annual report. Thirty days following the end of the year in which any person 
lobbied pursuant to section 313, the lobbyist and the lobbyist's employer shall file with 
the commission a joint report that must contain the information required in subsection 1, 
e}~ee1* that the report HlUst summarize for all lobbying activities for the year aRd report iR 
detail oRly those legislati'le aetioHs Hot previously reported, as required b~[ subseetioH 1, 
paragraphs H aHd I. 
The report must inelude a separate listiHg of legislatiYe aetions for the ealeRdar year 
reported OR pursuant to subseetioR 1, paragraphs H aHd I. 
The reports required by 
subsection 1 must be signed by the person designated by the lobbyist in section 316, 
subsection 1. 
The reports required by this subsection must be signed by both the 
designated person and the employer. 
If the date any report required by this section is due falls on a day other than a regular 
business day, the report is due on the first regular business day next following the due 
date. 
In addition to the amounts identified in subsection 1 as compensation received or 
expenditure made for the primary purpose of lobbying, this annual report must include 
the total amount of compensation received by the lobbyist or the lobbying firm, or 
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CDMMITIEE AMENDMENT .p .. to ILP •• 451. L.D. 1068 
expended by the employer, except compensation received or expended for purposes not 
related to lobbying. 
Sec. 10. 3 MRS A §321, sub-§8 is enacted to read: 
8. Investieations. The commission may undertake investigations into the failure to 
file a registration or to determine the accuracy and completeness of the registration and 
reporting of lobbyists and their employers if the members of the commission have found 
cause to believe that a violation may have occurred based on a properly filed complaint or 
other information received by the commission. 
Sec. 11. 3 MRSA §322, as repealed and replaced by PL 1993, c. 691, §26, is 
amended to read: 
§322. Enforcement 
1. Filing of a complaint. Any person may file a complaint with the commission 
specifying any alleged violation of this chapter. The commission fFl~' Batify aBY BafFled 
part)' iB the 60mplaiBt to reqHest that the party 60mply with the provisioBS of this 6hapter 
or m~' reqHest that the Attome~' GeBeral iB'Iestigate the 60mplaiBt staff shall notify the 
party against whom the complaint has been filed and then may undertake the 
investigation of the alleged violation if directed by members of the commission. 
2. Attorney General. 
The Attorney General may enforce the provisions of this 
chapter upon request by the commission. 
3. Use of subpoena. In the conduct of an investigation under section 321, subsection 
8, the commission may subpoena witnesses and take evidence under oath. 
The 
commission may also subpoena records when a lobbyist, employer or other person 
refuses to provide relevant records requested by the commission in the course of 
investigating a violation of the registration, reporting or other requirements in this 
chapter. All subpoenas must be approved by the members of the commission and signed 
by the chair or the chair's designee. 
Any record or information obtained by the 
commission in the course of an investigation that is covered by a privilege against 
discovery or use as evidence is not a public record unless the privilege is waived.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. It establishes a definition of 
"covered official" and "domestic partner" as that term is used in the definition of 
"immediate family." It also establishes a definition of "legislative designee" to describe 
employees of state agencies who lobby the Legislature on behalf of the state agency and 
requires them to register as designees within 15 days of the beginning of a regular 
legislative session. 
The amendment requires a legislative designee to complete a 
registration form that includes the business address and website of the designee's agency, 
a description of the agency and the legislative interests the designee is intending to 
influence. The amendment requires this information, like similar information reported by 
lobbyists, to be available on a publicly accessible website. The amendment makes 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" ~"t. H.P. 1452, L.D. 206. 
clarifications to the reporting requirements for lobbyists to correct ambiguous language. 
Finally, the amendment authorizes the Commission on Governmental Ethics and Election 
Practices to conduct investigations with regard to alleged violations of the laws governing 
lobbying. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/25/08 
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LD 2068 
LR 3165(03) 
An Act To Amend the Laws Governing Lobbyist Disclosure 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Commission on Governmental Ethics and Election Practices can be absorbed within existing 
budgeted resources. 
LR3165(03) - Fiscal Note - Page I of 1