An Act To Promote Transparency and Accountability in Campaigns and Governmental Ethics
Maine Legislature, Session 123, LD 2219
Committee Amendment CA_B-HA_A_H1023 (House)
Amends: 21-A MRSA §1013-A

HOUSE AMENDMENT "H "to COMMITTEE AMENDMENT "B" to H.P. 1585, 
L.D. 2219, Bill, "An Act To Promote Transparency and Accountability in Campaigns and 
Governmental Ethics" 
Amend the amendment in section lOin § 1014 by striking out all of subsection 2 
(page 5, lines 10 to 23 in amendment) and inserting the following: 
'2. Undue influenee. It is presumed that a conflict of interest exists , .... here there are 
circumstances , .... hich involve a substantial risk of undue influence by a Legislator, 
including but not limited to the following cases. 
A. Appearing for, representing or assisting another in a matter before a state agency 
or authority, l:Inless , .... ithol:lt compensation and for the benefit of a constitutent, except 
for attorneys or other professional persons engaged in the conduct of their 
professions. 
(1) Even in the excepted eases, an attorney or other professional person must 
refrain from references to his legislative capacity, from communications on 
legislative stationery and from threats or implications relating to legislative 
aetien-: 
B. Representing or assisting another in the sale of goods or services to the State, a 
state agency or authority, unless the transaction occurs after public notice and 
competitive bidding. 
2-A. Undue influence. 
It is a violation of legislative ethics for a Legislator to 
engage in conduct that constitutes the exertion of undue influence, including, but not 
limited to: 
A. Appearing for, representing or advocating for another person in a matter before a 
1 
state agency or authority, for compensation other than compensation as a Legislator, 
if the Legislator makes reference to that Legislator's legislative capacity, 
communicates with the agency or authority on legislative stationery or makes threats 
or implications relating to legislative action; 
B. Appearing for, representing or advocating for another person in a matter before a 
state agency or authority if the Legislator is a member of legislative leadership or the 
HOUSE AMENDMENT 
!f':'":'. 
HOUSE AMENDMENT "P" to COMMITTEE AMENDMENT "8" to H.P. 1585, L.D. 2219 
Legislator oversees the policies of the agency or authority as a result of the 
Legislator's committee responsibilities, unless: 
(1) The appearance, 
representation 
or advocacy 
is provided without 
compensation and for the benefit of a constituent; 
(2) The Legislator is engaged in the conduct of the Legislator'S profession and is 
in good standing with a licensing board that oversees the Legislator's profession; 
(3) The appearance, representation or advocacy is provided before a court or 
office of the judicial branch; or 
(4) The representation consists of filing records or reports or performing other 
routine tasks that do not involve the exercise of discretion on the part of the 
agency or authority; and 
C. Representing or assisting another person in the sale of goods or services to the 
State, a state agency or a state authority, unless the transaction occurs after public 
notice and competitive bidding.' 
Amend the amendment by striking out all of section 12 (page 6, lines 5 to 29 in 
amendment) and inserting the following: 
'Sec. 12. 21-A MRSA §1013-A, sub-§l, .,-rA, as corrected by RR 1995, c. 2, §35, 
is amended to read: 
A. 
No later than 10 days after becoming a candidate and before accepting 
contributions, making expenditures or incurring obligations, a candidate for state or 
county office or a candidate for municipal office who has not filed a written notice in 
accordance with section 1011, subsection 2, paragraph A shall appoint a treasurer. 
The candidate may serve as treasurer. The candidate may have only one treasurer, 
who is responsible for the filing of campaign finance reports under this chapter. A 
candidate shall register the candidate's name and address and the name and address of 
the treasurer appointed under this section no later than 10 days after the appointment 
of the treasurer. 
A candidate may accept contributions personally or make or 
authorize expenditures personally, as long as the candidate reports all contributions 
and expenditures to the treasurer. The treasurer shall make a consolidated report of 
all income and expenditures and provide this report to the commission. If a certified 
candidate serves as treasurer of that candidate's campaign, the certified candidate 
must be audited. 
(1) A candidate may appoint a deputy treasurer to act in the absence of the 
treasurer. The deputy treasurer, when acting in the absence of the treasurer, has 
the same powers and responsibilities as the treasurer. When a treasurer dies or 
resigns, the deputy treasurer may not assume the position of treasurer unless the 
candidate appoints the deputy treasurer to the position of treasurer. 
The 
candidate shall report the name and address of the deputy treasurer to the 
commission no later than 10 days after the deputy treasurer has been appointed.' 
Amend the amendment on page 6 by striking out all of the 3rd indented paragraph 
(page 6, line 30 in amendment). 
HOUSE AMENDMENT 
HOUSE AMENDMENT "R " 
to COMMITTEE AMENDMENT "B" to H.P. 1585, L.D. 2219 
Amend the amendment by striking out all of section 16. 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment clarifies the provisions regarding undue influence to include 
members of legislative leadership. The amendment also removes the provision that a 
Maine Clean Election Act candidate may not serve as that candidate's treasurer or deputy 
treasurer and replaces it with a provision that if the candidate serves as that candidate's 
treasurer, the candidate must be audited. 
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SPONSOREDBY:~ t: ~ 
(Representative ATRICK) 
TOWN: Rumford 
HOUSE AMENDMENT