An Act To Promote Transparency and Accountability in Campaigns and Governmental Ethics
Maine Legislature, Session 123, LD 2219
Committee: Legal and Veterans Affairs
Sponsors: CUMMINGS, EDMONDS, BRYANT, CANAVAN, CAREY, NASS, PATRICK, PINGREE, PRIEST, PLOWMAN
Amends: Title 3, Section 313, 1 MRSA §1002, 1 MRSA §1003, 1 MRSA §100, 1 MRSA §1012, 1 MRSA §1013, 1 MRSA §1014, 1 MRSA §1015, 3 MRSA §315-A, 3 MRSA §316, 21-A MRSA §1013-A, 21-A MRSA §1017

Legislative Document 
No. 2219 
H.P.1585 
House of Representatives, February 25,2008 
An Act To Promote Transparency and Accountability in Campaigns 
and Governmental Ethics 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Speaker CUMMINGS of Portland. 
Cosponsored by President EDMONDS of Cumberland and 
7J1~ 
1J1.7l!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRYANT of Windham, CANAVAN of Waterville, CAREY of Lewiston, 
NASS of Acton, PATRICK of Rumford, PINGREE of North Haven, PRIEST of Brunswick, 
Senator: PLOWMAN of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §1002, sub-§2, as amended by PL 2005, c. 271, § 1, is further 
amended to read: 
2. Qualifications. The members of the commission must be persons of recognized 
judgment, probity and objectivity. A person may not be appointed to this commission 
who is a member of the Legislature or who was a member of the previous Legislature, 
who was a declared candidate for an elective county, state or federal office within 2 years 
.. 
prior to the appointment, who now holds an elective county, state or federal office, who is 
an officer of a political committee, party committee or political action committee or who 
holds a position in a political party or campaign. Each member shall file a disclosure with 
the commission that states the member's financial interests and affiliations with outside 
organizations by that February 15th of each year. If a member enters into any new 
affiliations or activities, the member shall file an updated disclosure within 21 days. 
Sec.2. 1 MRSA §1002, sub-§7 is enacted to read: 
7. Removal of members. A member of the commission may be removed by the 
Governor for inefficiency, willful neglect of duty, malfeasance in office or failure to 
continually meet the qualifications set out by this section, but only with the review and 
concurrence of the joint standing committee of the Legislature having jurisdiction over 
election practices and legislative ethics upon hearing in executive session, or 
impeachment by the Legislature. Before removing a board member, the Governor shall 
notify the President of the Senate and the Speaker of the House of Representatives of the 
removal and the reasons for the removal. 
Sec. 3. 1 MRSA §1003, sub-§2, as enacted by PL 1975, c. 621, § 1, is amended to 
read: 
2. Records. Except as provided in section 1013, subsection 2, paragraph J, all 
records of the commission, including business records, reports made to or by the 
commission, findings of fact and opinions, sfra.l.l must be made available to any interested 
member of the public who may wish to review them. Any member of the public may 
request copies of any record held by the commission wh-t€fl that is available for public 
inspection. The commission shall furnish these copies upon payment of a fee covering the 
cost of reproducing them. 
Sec. 4. 1 MRSA §100S, as amended by PL 2001, c. 430, §3, is further amended to 
read: 
§1005. Open meetings 
Notwithstanding chapter 13 and except as provided in section 10 13, subsection 3-A, 
all meetings, hearings or sessions of the commission are open to the general public 
unless, by an affirmative vote of at least 3 members, the commission requires the 
exclusion of the public. 
• 
Sec. 5. 1 MRSA §100S, sub-§l, as enacted by PL 1975, c. 621, §1, is amended to 
read: 
1. Legislative ethics. To investigate and make advisory recommendations to the 
appropriate body of any apparent violations of tHe etHical standards set by tHe Legislature 
legislative ethics; 
Sec. 6. 1 MRSA §1012, sub-§l, as repealed and replaced by PL 1989, c. 561, §4, 
is amended to read: 
1. Close economic associate. "Close economic association associate" means the 
employers, employees, partners or clients of the Legislator or a member of the 
Legislator's immediate family; corporations entities in which the Legislator or a member 
of the Legislator's immediate family is an officer, director or agent or owns 10% or more 
of the outstanding capital stock; a business wfl-i.€.fl that is a significant unsecured creditor 
of the Legislator or a member of the Legislator's immediate family; or a business of 
which the Legislator or a member of the Legislator's immediate family is a significant 
unsecured creditor. 
Sec. 7. 1 MRSA §1012, sub-§4, as amended by PL 1995, c. 33, §§ I and 2, is 
further amended to read: 
4. Gift. "Gift" means anything of value, including forgiveness of an obligation or 
debt, given to a person witHout when the Legislator knows or reasonably should know 
that person providing the purpose of the donor in making the gift is to influence the 
Legislator in the performance of the Legislator's official duties or vote, or is intended as a 
reward for past action, and when the Legislator has not provided equal or greater 
consideration to the giver donor. "Gift" does not include: 
A. 
Gifts received from a single source during the reporting period with an aggregate 
value of $:JOO $25 or less; 
B. 
A bequest or other form of inheritance; 
C. 
A gift received from a relative or a friend who is not a registered lobbyist under 
Title 3, Section 313; ane 
D. A subscription to a newspaper, news magazine or other news publicationo~ 
E. A meal, if the meal is provided by industry or special interest organizations as part 
of the informational program presented to a group of public servants and the cost is 
under $25; and 
F. A meal, if the meal is a prayer breakfast or a meal served during a meeting to 
establish a prayer breakfast and the cost is under $25. 
Sec. S. 1 MRSA §1012, sub-§10 is enacted to read: 
10. 
Violation of legislative ethics. 
"Violation of legislative ethics" means a 
violation of the prohibitions in section 1014 or 1015. 
Sec. 9. 1 MRSA §1013, as amended by PL 1989, c. 561, §§5 and 6, is further 
amended to read: 
§1013. Authority; procedures 
1. Authority. The commission shall have the has authority: 
A. 
To issue, on request of any Legislator on an issue involving himself that 
Legislator, or on its own motion, written advisory opinions and guidelines guidance 
on problems or questions involving possible conflicts of interest in matters under 
consideration b)', or pertaining to, the Legislature violations of legislative ethics; 
B. 
To investigate complaints filed by Legislators, or on its o\\'n motion, alleging 
conflict of interest a violation of legislative ethics against any Legislator, to hold 
hearings thereon on those complaints if the commission deems determines it is 
appropriate and to issue publicly findings of fact together with its opinion; and 
C. 
To administer the disclosure of sources of income by Legislators as required by 
this subchapter. 
2. Procedure. The following procedures 5ltatl applY7~ 
A. 
Requests for advisory opinions by members of the Legislature 5ltatl must be 
filed with the commission in writing, and signed by the Legislator requesting the 
opinion and 5ltatl must contain such supporting data as the commission shall require 
requires. When preparing an advisory opinion on its own motion, the commission 
shall notify the Legislator concerned and allow ffim the Legislator to provide 
additional information to the commission. In preparing an advisory opinion, either 
upon request or on its own motion, the commission may make such an investigation 
as it deems determines necessary. A copy of the commission's advisory opinion 5ltatl 
must be sent to the Legislator concerned and to the presiding officer of the l=kmse 
legislative body of which the Legislator is a member~~ 
B. 
A Legislator making a complaint shall file the complaint under oath 'Nith the 
chairman. The complaint shall specify the facts of the alleged conflict of interest. The 
Legislator against '""hom a complaint is filed shall immediately be given a copy of the 
complaint and the name of the complainant. Only those complaints dealing with 
alleged conflicts of interest related to the current Legislature shall be considered by 
the commission. Upon a majority vote of the commission, the commission shall 
conduct such investigation and hold such hearings as it deems necessary. The 
commission shall issue its findings of fact together 'Nith its opinion regarding the 
alleged conflict of interest to the House of which the Legislator concerned is a 
member. That House may take whatever action it deems appropriate, in accordance 
",lith the Constitution of the State of Maine. Any person may file a complaint against 
a Legislator alleging a violation of legislative ethics. The complaint must be filed in 
writing and signed under oath and must specify the facts of the alleged violation and 
such other information as the commission requires. 
(1) The Legislator against whom a complaint is filed must immediately be given 
a copy ofthe complaint and the name ofthe complainant. 
(2) The commission shall consider only complaints against Legislators in office 
at the time of the filing of the complaint and only complaints relating to activity 
that occurred or was ongoing within 2 years of the complaint. Upon a majority 
vote of the commission, the commission shall conduct an investigation and hold 
hearings as it determines necessary. If one or more seats on the commission are 
vacant, the vote of 2 commissioners is sufficient to order an investigation and 
hearings. 
(3) The commission shall issue its findings of fact together with its opinion 
regarding the alleged violation of legislative ethics to the legislative body of 
which the Legislator concerned is a member. That legislative body may take 
whatever action it determines appropriate, in accordance with the Constitution of 
Maine. 
(4) 
If the commission determines that a Legislator has potentially violated 
professional standards set by a licensing board, its opinion and such other 
information as may be appropriate must be referred to the licensing board that 
oversees the Legislator'S professional conduct. 
C. 
When the conduct of a particular Legislator is under inquiry and a hearing is to 
be held, the Legislator sltalt must be given written notification of the time and place 
at which the hearing is to be held. Such notification sltalt must be given not less than 
days prior to the date set for the hearing. 
D. 
The commission shall have the has authority, through its chairman chair or any 
member designated by him the chair, to administer oaths, subpoena witnesses and 
compel the production of books, records, papers, documents, correspondence and 
other material and records wfl.tclt the committee deems commission determines 
relevant. The commission shall subpoena such witnesses as the complainant 
Legislator or the Legislator against whom the complaint has been filed may request to 
be subpoenaed. The State, its agencies and instrumentalities shall furnish to the 
commission any information, records or documents wfl.tclt the commission designates 
as being necessary for the exercise of its functions and duties. In the case of refusal of 
any person to obey an order or subpoena ofthe commission, the Superior Court, upon 
application of the commission, shall have has jurisdiction and authority to require 
compliance with the order or subpoena. Any failure of any person to obey an order of 
the Superior Court may be punished by that court as a contempt thereof. 
E. 
Any person v.'hose conduct is under inquiry shall be accorded due process and, if 
requested, the right to a hearing. All witnesses shall be subject to cross examination. 
The commission shall adopt rules consistent with due process for the conduct of 
investigations and hearings under this subchapter. Rules adopted pursuant to this 
wragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 
2-A. 
Any person ,,..,hose name is mentioned in an investigation or hearing and \",ho believes 
that testimony has been given which adversely affects him shall have the right to 
testify, or at the discretion of the commission and under such circumstances as the 
commission shall determine to protect the rights of the Legislator under inquiry, to 
file a statement of facts under oath relating solely to the material relevant to the 
testimony of which he complains. Any 'Nitness at an investigation or hearing, subject 
to rules and regl:llations proffil:llgated by the commission, shall be entitled to a copy of 
sl:lch testimony when the same becomes relevant to a criminal proceeding or 
sl:lbseql:lent investigation or hearings. 
All 'Nitnesses shall be sworn. The commission may seql:lester 'Nitnesses as it deems 
necessary. The commission sItaJ.l ~ not be bound by the strict rules of evidence, but 
its findings and opinions must be based upon competent and substantial evidence. 
Time periods and notices may be waived by agreement of the commission and the 
person whose condl:lct is I:Inder inql:liry. 
E-l. The commission may permit the complainant to make a presentation to the 
commission as part of its consideration whether to conduct an investigation or public 
hearing. 
F. 
If the commission concludes that it appears that a Legislator has violated a 
criminal law, a copy of its findings of fact, its opinion and such other information as 
may be appropriate sItaJ.l must be referred to the Attorney General. Any determination 
by the commission or by a HOl:lse of the Legislature legislative body that a conflict of 
interest violation of legislative ethics has occurred does not preclude any criminal 
action relating to the conflict 'Nhich violation that may be brought against the 
Legislator. 
G. 
If the commission determines that a complaint filed under oath is grol:lndless and 
withol:lt fol:lndation, frivolous or was filed in bad faith or if the Legislator filing the 
complaint complainant fails to appear at the hearing without being excused by the 
commission, the commission may order the complainant to pay to the Legislator 
against whom the complaint has been filed fl.i.s that Legislator'S costs of investigation 
and defense, including any reasonable attorney's fees. +Ire This order is considered a 
final agency action, and the complainant may appeal sl:lch an the order to the House 
of 'Nhich he is a member pursuant to the Maine Administrative Procedure Act. 
Such an order sfla.I.l does not preclude any other remedy available to the Legislator 
against whom the complaint has been filed, including, but not limited to, an action 
brought in Superior Court against the complainant for damages to fl.i.s the Legislator'S 
reputation. 
H. 
A copy of the commission's The commission shall file with the Clerk of the 
House and the Secretary of the Senate a copy of written advisory opinions and 
gl:lidelines guidance issued by the commission, with such deletions and changes as 
the commission deems considers necessary to protect the identity of the person 
seeking the opinions, or others, shall be filed 'Nith the Clerk of the House. The eleffi 
Clerk of the House shall keep tHem a copy of such opinions and guidance in a special 
binder and shall finally publish them in the Legislative Record. The commission may 
exempt an opinion or a part thereof of an opinion from release, publication or 
inspection, if it deems considers such action appropriate for the protection of 3rd 
parties and makes available to the public an explanatory statement to that effect. 
l. 
A copy of the commission's findings of fact and opinions regarding complaints 
against Legislators sfla.I.l must also be filed with the Clerk of the House and the 
Secretary of the Senate. The eleffi Clerk of the House shall keep them in a special 
binder and shall finally publish them in the Legislative Record. 
J. The records of the commission and all information received by the commission 
acting under this subchapter in the course of its investigation and conduct of its 
affairs shall be confidential, except that Legislators' statements of sources of income, 
evidence or information disclosed at public hearings, the commission's findings of 
fact and its opinions and guidelines are pl:lblic records. 
K. 
When a Legislator has a question or problem of an emergency nature about a 
possible conflict of interest violation of legislative ethics or an issue involving 
himself which that Legislator that arises during the course of legislative action, fie the 
Legislator may request an advisory opinion from the presiding officer of the 
legislative body of which fie the Legislator is a member. The presiding officer may,-at 
his discretion, issue an advisory opinion, which shall. An advisory opinion issued by 
the presiding officer must be in accordance with the principles of this subchapter, 
which shall be in writing, and 'which shall be reported to the commission. The 
commission may then issue a further opinion on the matter. The presiding officer 
may refer such ~ question or problem directly to the commission, which shall meet as 
soon as possible to consider the question or problem. 
L. The commission shall make reasonable efforts to resolve a complaint within 90 
days of its filing. 
3. Confidentiality. The subject of any investigation by the commission shall be 
informed promptly of the existence of the investigation and the nature of the charges or 
allegations. Otherwise, notv,'ithstanding chapter 13, all complaints shall be confidential 
until the investigation is completed and a hearing ordered or until the nature of the 
investigation becomes public knmvledge. 
Any person, except the subject of the 
investigation, who knowingly breaches the confidentiality of the investigation is guilty of 
a Class 0 crime. 
3-A. Confidentiality of records and proceedings relating to screening complaints 
alleging a violation of legislative ethics. 
Notwithstanding chapter 13, a complaint 
alleging a violation of legislative ethics is confidential and is not a public record until 
after the commission has voted pursuant to subsection 2, paragraph B to pursue the 
complaint, and a commission proceeding to determine whether to pursue a complaint 
I 
must be conducted in executive session. If the commission does not vote to pursue the 
complaint, the complaint and records relating to the investigation of that complaint 
remain confidential and are not public records. This subsection does not prevent the 
commission from including general information about complaints in any report to the 
Legislature. Any person who knowingly breaches the confidentiality of a complaint 
investigation commits a Class 0 crime. This subsection does not prevent commission 
staff from disclosing infonnation that is necessary to investigate a complaint or prevent 
the complainant or the Legislator against whom the complaint is made from discussing 
the complaint with an attorney or other person assisting them with the complaint. 
4. Confidentiality of records other than complaints. 
Commission records other 
than complaints are governed by this subsection. 
i\. Investigative records reI<!!ing to complaints that the commIssIon has voted to 
pursue are confidential unless thcv are provided to commission members or otherwise 
distributed at a public hearing of the commission. 
B. Legislators' statements of sources of income are public records. 
C. Findings of fact and recommendations of the commission on complaints alleging 
violation of legislative ethics are public records. 
D. Advisory opinions of the commission and requests for advisory opinions from the 
commission are public records, except as provided in subsection 2, paragraph H. 
5. Prohibited communications. 
Communications concerning a complaint filed 
under this section between commission members and a complainant or between 
commission members and the subject of a complaint are prohibited until after the 
commission has voted not to pursue a complaint or the commission has taken final action 
on the complaint. 
II 
Sec. 10. 1 MRSA §1014, as enacted by PL 1975, c. 621, §I, is amended to read: 
§1014. Violations oflegislative ethics 
1. Situations involving conflict of interest. A Legislator engages in a violation of 
legislative ethics if that Legislator votes on a question in connection with a conflict of 
interest in committee or in either body of the Legislature or attempts to influence the 
outcome of that question. A conflict of interest shall include the follo'""ing includes: 
A. 
WHere When a Legislator ef, a member of lHs the Legislator's immediate family 
has or acquires a direct substantial personal financial interest, distinct from that of the 
general public, in an enterprise '""hich would be financially benefited by proposed 
legislation, or derives a direct substantial personal financial benefit from close 
economic association with a person known by the Legislator to have a direct financial 
interest in an enterprise affected by proposed legislation. or a close economic 
associate of the Legislator will derive a financial benefit from, or be harmed by, 
proposed legislation to a significantly greater extent than others in the same 
enterprise, profession, trade, business or type of employment; 
A-I. When a Legislator, a member of the Legislator's immediate family or a close 
economic associate of the Legislator is a member of a small group of persons or 
entities that will derive a significant financial benefit or harm from proposed 
legislation; 
B. 
WHere When a Legislator or a member of lHs the Legislator's immediate family 
accepts gifts, other than campaign contributions duly recorded as required by law, 
from persons affected by legislation or who have an interest in a business an entity 
affected by proposed legislation, ,,,,,here it is lmovm when the Legislator knows or 
reasonably should be known know that the purpose of the donor in making the gift is 
to influence the Legislator in the performance of lHs the Legislator's official duties or 
vote, or is intended as a reward for action on lHs the Legislator's parto; 
C. 
Receiving compensation or reimbursement not authorized by law for services, 
advice or assistance as a Legislatoro~ 
D. 
Appearing for, representing or assisting advocating on behalf of another to 
respect to a claim before the Legislature, unless without compensation and for the 
benefit of a citizeno; and 
i 
E. 
W-Aere When a Legislator or a member of ltts the Legislator's immediate fam;;' 
accepts or engages in employment wlti€fl that could impair the Legislator's judgment. 
or wflere when the Legislator knows that there is a substantial possibility that an 
opportunity for employment is being afforded hlm the Legislator or a member of ltts 
the Legislator's immediate family with intent to influence his conduct in the 
performance of ltts the Legislator's official duties, or where the Legislator or a 
member of his immediate family stands to derive a personal private gain or loss from 
employment, because of legislative action, distinct from the gain or losses of other 
employees or the general community. 
F. 
Where a Legislator or a member of his immediate family has an interest in 
legislation relating to a profession, trade, business or employment in which the 
Legislator or a member of his immediate family is engaged, where the benefit derived 
by the Legislator or a member of his immediate family is unique and distinct from 
that of the general public or persons engaged in similar professions, trades, 
businesses or employment. 
2. Undue inOuenee. It is presumed that a conflict of interest exists '""here there are 
circumstances which involve a substantial risk of undue influence by a Legislator, 
including but not limited to the forJo>.,>,ing cases. 
A. Appearing for, representing or assisting another in a maHer before a state agency 
or authority, unless '""ithout compensation and for the benefit of a constitutent, except 
for attorneys or other professional persons engaged in the conduct of their 
professions. 
(I) Even in the excepted cases, an attorney or other professional person mllst 
refrain from references to his legislative capacity, from communications on 
legislative stationery and from threats or implications relating to legislative 
6 
fi€ttoo.:-
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 
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 oversees the policies of the agency or 
authority as a result of the Legislator'S committee responsibilities, unless: 
( I) The 
appearance, 
representation 
or advocacy 
IS 
provided 
without 
compensation and for the benefit of a constituent; 
II 
(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 ofthe 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. 
3. Abuse of office or position. It is presumed that a conflict of interest exists where 
a Legislator abuses his a violation of legislative ethics for a Legislator to engage in 
conduct that constitutes an abuse of office or position, including but not limited to the 
following cases.~ 
A. 
Where When a Legislator or a member of h-is the Legislator'S immediate family 
has a direct financial interest or an interest through a close economic association 
associate in a contract for goods or services with the State, a state agency or state 
authority in a transaction not covered by public notice and competitive bidding or by 
unless the contract is awarded through competitive bidding or is exempt from 
competitive bidding pursuant to state purchasing laws or the payment provisions are 
based on uniform rates established by the State, a state agency, a state authority or 
other governmental entity or by a professional association OF organization.~ 
B. 
Granting or obtaining special privilege, exemption or preferential treatment to or 
for oneself or another, which privilege, exemption or treatment is not readily 
available to members of the general community or class to which the beneficiary 
belongs~; and 
C. 
Use or disclosure of confidential information obtained because of office or 
position for the benefit of self or another. 
4. Contract with state governmental agency. 
It is a violation of legislative ethics 
for a Legislator or an associated organization to enter with a state agency into any 
contract that is to be paid in whole or in part out of governmental funds unless the 
contract has been awarded through a process of public notice and competitive bidding or 
is exempt from competitive bidding pursuant to state purchasing laws. 
Sec. 11. 1 MRSA §1015, as amended by PL 2007, c. 279. §§ 1 and 2, is further 
amended to read: 
§1015. Prohibited campaign contributions and solicitations 
1. AetioHs preeiuded. When a member of the Legislature has a conflict of interest. 
that member has an affirmative duty not to vote on any question in connection with the 
conflict in committee or in either branch of the Legislature, and shall not attempt to 
influence the outcome of that question. 
Page l) - 123LR2853(OI)-1 
2. Reports. When the commission finds that a Legislator has voted or acted in 
conflict of interest, the commission shall report its findings in ''''riting to the house of 
which the Legislator is a member. 
3. 
Campaign contributions and solicitations prohibited. 
The following 
provisions prohibit certain campaign contributions and solicitation of campaIgn 
contributions during a legislative session. 
A. 
As used in this subsection, the terms "employer," "lobbyist" and "lobbyist 
associate" have the same meanings as in Title 3, section 312-A. As used in this 
subsection, "contribution" has the same meaning as in Title 21-A, section 1012 and 
includes seed money contributions as defined in Title 21-A, section 1122, subsection 
9. 
B. 
The Governor, a member of the Legislature or any constitutional officer or the 
staff or agent of the Governor, a member of the Legislature or any constitutional 
officer may not intentionally solicit or accept a contribution from a lobbyist, lobbyist 
associate or employer during any period of time in which the Legislature is convened 
before final adjournment, except for a qualifying contribution as defined under Title 
21-A, section 1122, subsection 7. A lobbyist, lobbyist associate or employer may not 
intentionally give, offer or promise a contribution, other than a qualifying 
contribution, to the Governor, a member of the Legislature or any constitutional 
officer or the staff or agent of the Governor, a member of the Legislature or any 
constitutional officer during any time in which the Legislature is convened before 
final adjournment. 
These prohibitions apply to direct and indirect solicitation, 
acceptance, giving, offering and promising, whether through a political action 
committee, political committee, political party or otherwise. 
C. This subsection does not apply to: 
(I) 
Solicitations or contributions for bona fide social events hosted for 
nonpartisan, charitable purposes; 
(2) Solicitations or contributions relating to a special election to fill a vacancy 
from the time of announcement of the election until the election; and 
(4) 
Solicitations or contributions accepted by a member of the Legislature 
supporting that member's campaign for federal office. 
C-1. 
This subsection does not prohibit the attendance of the Governor, a member of 
the Legislature or any constitutional officer or the staff or agent of the Governor, a 
member of the Legislature or any constitutional officer at fund-raising events held by 
a municipal, county, state or national political party organized pursuant to Title 21-A, 
chapter 5, nor the advertisement of the expected presence of any such official at any 
such event, as long as any such official has no involvement in soliciting attendance at 
the event and all proceeds are paid directly to the political party organization hosting 
the event or a nonprofit charitable organization. 
D. 
A person who intentionally violates this subsection is subject to a civil penalty 
not to exceed $1,000, payable to the State and recoverable in a civil action. 
4. 
Contraet with state governmental ageney. 
A Legislator or an associated 
organization may not enter with a state governmental agency into any contract that is to 
be paid in v.hole or ifl part out of governmental funds, '",hen such a contract is normally 
awarded through a process of public flotice afld competitive biddiflg, unless the contract 
has been awarded through a process of public notice and competitive biddiflg. 
Sec. 12. 3 MRSA §315-A, as enacted by PL 2005, c. 613, §1, is amended to read: 
§315-A. Registration docket; disclosure website 
1. Registration. 
The commission shall prepare and maintain a docket for the 
registration of lobbyists and employers of lobbyists required to register pursuant to this 
chapter. The registration docket and all supplementary files of information and materials 
filed pursuant to this chapter must be open to public inspection during the office hours of 
the commission. 
The docket must contain the name of the lobbyist and the person 
employing the lobbyist, the business address of each, a photograph of the lobbyist, the 
joint standing committees oftheLegislature the lobbyist intends to lobby, the nature of the 
business of the person employing the lobbyist and a statement as to the compensation that 
the lobbyist will receive for lobbying services or, if an exact amount is not ascertainable, 
the basis upon which the lobbyist will charge for services. This docket must be updated 
on a monthly basis and arranged and indexed as follows: 
A. 
An alphabetical listing of those persons who have employed a lobbyist, which 
listing must indicate the names of all lobbyists employed by the employer; and 
B. 
An alphabetical listing of those persons employed as lobbyists, which listing 
must indicate the names of all persons by whom each lobbyist is employed. 
The docket must be reestablished annually by the commission and the docket for any year 
must be maintained and be available for public inspection in the office of the commission 
for 4 years from the expiration of the docket. 
2. 
Disclosure website. The commIssIon shall develop and maintain a publicly 
accessible website that displays: 
A. A list of all persons who have employed a lobbyist during the current year; 
B. A list of all lobbyists and lobbyist associates registered for the year; 
C. 
A profile of each registered lobbyist and lobbyist associate, including contact 
information, the name of the lobbyist's employer or employers and, if provided by the 
lobbyist or lobbyist associate, a photograph of the lobbyist or lobbyist associate, the 
name of the joint standing committees of the Legislature before which the lobbyist 
intends to appear, the nature of the business of the person employing the lobbyist and 
a statement as to the compensation that the lobbyist will receive for lobbying services 
or, if an exact amount is not ascertainable, the basis upon which the lobbyist will 
charge for services; 
D. 
A profile of each person employing a lobbyist, including contact information for 
the employer, and a list of lobbyists and lobbyist associates engaged by the employer; 
ana 
E. 
For each employer, a list of all legislative actions that have been the subject of 
lobbying for the year, including hyperlinks to the summary page of the Legislature's 
publicly accessible website for each legislative document listed~; and 
F. A list for each joint standing committee of the Legislature including the names 
and photographs of the lobbyists who intend to lobby or appear before that 
committee. 
Sec. 13. 3 MRSA §316, as amended PL 1993 c. 691, §16, is further amended to 
read: 
§316. Registration forms 
The commission shall prepare and make available registration forms for the 
I I 
registration of lobbyists and employers required to register pursuant to section 313. These 
forms must include the following information: 
1. Names. The name of the lobbyist, a list of the lobbyist associates, the name of the 
person authorized by the lobbyist to sign the registration and reports for the lobbyist and 
the name of the person employing the lobbyist; 
2. Business addresses. The business address of both the lobbyist and the person 
employing the lobbyist; 
3. Date. The date upon which lobbying commenced or was expected to commence; 
4. Nature of business. A description of the nature of the business of the person 
employing that lobbyist; ftfItl 
5. Compensation. The amount of compensation that the lobbyist will receive for that 
lobbyist's services or, if an exact amount is unascertainable, the basis upon which the 
lobbyist will charge for those services~~ 
6. Photograph. A photograph in digital format of the lobbyist. The lobbyist shall 
provide the photograph to the commission. The commission may waive this requirement 
if the lobbyist has security concerns; and 
7. Committees. The names of the joint standing committees of the Legislature the 
lobbyist intends to lobby. 
These forms must be signed by both the lobbyist and the employer and the signatures 
serve as a certificate that the information on that form is true, correct and complete. 
Sec. 14. 21-A MRSA §1013-A, sub-§I, ~A, 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 10 11, subsection 2, paragraph A shall appoint a treasurer. 
The candidate or the candidate's spouse may not 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. 
(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. 
The candidate or the 
candidate's spouse may not serve as deputy 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. 
Sec. 15. 21-A MRSA §1017, sub-§3-A, ~-1 is enacted to read: 
0-1. Reports must be filed no later than 5 p.m. on the 42nd day before the date on 
which a general election is held and must be complete as of the 49th day before that 
date. 
Sec. 16. 21-A MRSA § 1 056-C is enacted to read: 
§1056-C. Contribution limitations 
A committee required to register under this chapter may not accept an aggregate 
amount of contributions exceeding $10,000 from anyone source in an election cycle. 
Sec. 17. Application. Notwithstanding the Maine Revised Statutes, Title I, section 
1013, subsection 2, paragraph B as amended by this Act, a complaint filed under Title I, 
chapter 25, subchapter 2 prior to the effective date of this Act and subjected to a vote of 
the Commission on Governmental Ethics and Election Practices may not be refiled, and 
the conduct at issue in that complaint may not be challenged in any other complaint. 
Sec. 18. Effective date. That section of this Act that amends the Maine Revised 
I 
Statutes, Title 21-A, section 10 13-A, subsection I, paragraph A takes effect November 5, 
2008. 
SUMMARY 
This bill will increase transparency and accountability in campaigns and legislative 
ethics. 
The bill creates a removal procedure for members of the Commission on 
Governmental Ethics and Election Practices by impeachment or by allowing the 
Governor to remove members with the concurrence of the Joint Standing Committee of 
the Legislature having jurisdiction over election practices and legislative ethics. The bill 
clarifies the jurisdiction of the Commission on Governmental Ethics and Election 
I 
Practices to include citizen complaints about abuses of legislative ethics. It clarifies the 
procedures through which complaints are made and strengthens both procedures for 
confidentiality and public access to nonconfidential records. 
The bill amends the 
definition of "gift." The bill redefines "conflict of interest" and "undue influence." It 
makes the legislative standard for conflict of interest more clear and requires that 
Legislators be financially affected to a significantly greater extent than members in the 
same enterprise, profession, trade, business or type of employment. 
It prohibits 
Legislators, excluding those governed by a licensing board, from representing or 
advocating for another person before a state agency over which their committees have 
jurisdiction. It requires lobbyists to submit a digital picture and a list of the committees 
II 
they will be lobbying and the publishing of a lobbyist facebook so that Legislators will 
have a better sense of who the lobbyist they interact with represents. 
It prohibits 
candidates and their spouses from serving as campaign treasurers and deputy treasurers. 
It requires another reporting period for campaign reports to give the public another 
IS 
chance to see how campaigns are being conducted. It establishes a contribution limit to 
political action committees of $10,000 per election cycle. It requires members of the 
commission to file financial interests and affiliation disclosures.