An Act To Promote Transparency and Accountability in Campaigns ~nd Governmental Ethics
Maine Legislature, Session 124, LD 1111
Committee: Legal and Veterans Affairs
Sponsors: TRINW ARD, SULLIVAN, BECK, BOLAND, CAREY, DILL, HINCK, HOGAN, RUSSELL, WEBSTER
Amends: 1 MRSA §1012, 1 MRSA §1014, 3 MRSA §315-A, 3 MRSA §316, 21-A MRSA §1013-A

Legislative Document 
No.11n 
H.P.766 
House of Representatives, March 20, 2009 
An Act To Promote Transparency and Accountability in Campaigns 
~nd Governmental Ethics 
Reference to the Committee on Legal and Veterans Affairs suggested aJ1d ordered printed. 
Presented by Representative TRINW ARD of Waterville. 
Cosponsored by Senator SULLIVAN of York and 
17/~ 11? 7J?1iL:~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BECK of Waterville, BOLAND of Sanford, CAREY of Lewiston, DILL of 
Cape'Elizabeth, HINCK of Portland, HOGAN of Old Orchard Beach, RUSSELL of Portland, 
WEBSTER of Freeport. 
Printeuun rccyclet..! paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRS A §1002, sub-§2, as amended by PL 2007, c. 571, §1, is further 
amended to read: 
2. Qualifications. The melubers 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 pandidate for an elective county, state or federal office withiri 2 years 
prior to the appointment or 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. A person may not serve on th.e 
commission '.",ho is an offic~r, director, employee or primary decision maker of a party 
committee, political action committee or candidate committee authorized under Title 21 
A, section 1013 A, subsection 1, paragraph B. Each member shall file a disclosure with 
the commission that states the member's financial interests and affiliations with outside 
organizations by 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Sec. 2. 1 MRSA §1012,sub-§1, as repealed and replaced by PL 1989, c. 561, §4, 
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is amended to read: 
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1. Close economic associate. "Close economic association associate" means the 
employers, employees, partners or clients of the Legislator or a member of the 
Legi.slator's immediate family; corporations entities in which the Legislator or a member 
of the Legislator's immediate family is an offic:er, director or agent or owns 10% or .more 
of the outstanding capital stock; a business whH;h 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. 
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Sec. 3. 1 MJRSA §1012, sub":§4, ~A, as enacted by PL 1989, C. 561, §4, is 
amended to read: 
A. Gifts recei:ved from a single source during the reporting period with an aggregate 
value of ~ 
$25 or less; 
Sec. 4. 1 MJRSA §1012, sub-§4, ~C, as amended by PL 2007, c. 642, §4,· is 
further amended to read: 
. 
C. A gift received from a relative or a friend who is not a registered lobbyist or 
. lobbyist associate under Title 3, section 313; 
Sec. 5. 1 MJRSA §1012, sub-§4, ~, as amended by PL 2007, c. 642, §4, is 
further amended to read: 
D. A subscription to a newspaper, news magazine or other news pUblicatIon; er 
Sec. 6. 1 MJRSA§1012, sub-§4, ~E, as enacted by PL 2007, c. 642, §4, IS 
amended to read: . 
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E. Legal services provided in a matter of legislative ethics7~ 
Sec. 7. 1 MRSA §1012, sub-§4, enFis enacted to read: 
F. 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; or 
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Sec. 8. 1 MRSA §1012, sub-§4, ~G is enacted to read: 
G. 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. 9. 1 MRSA §1014, siib-§l, irA, as amended by PL 2007, c. 642, §7, is 
further amended to read: 
A. 
When a Legislator or a member of the Legislator's immediate family fla.s-ef 
acquires a direct substantial personal financial interest, distInct from that of the 
general public, in an enterprise that 'iVould be financially benefited by proposed 
legislation, or derives a direct substantial personal financial benefit from close 
economic association with a person}mown 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 
enterplise, profession, trade, business or type of employment; 
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Sec. 10. 1 MRSA §1014, sub-§l, 'ffA-l is enacted to read: 
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; 
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Sec. 11. 1 MRSA §1014, sub-§l, tjID, as amended by PL 2007, c. 642, §7, is 
fUlihei amended to read: 
D. 
Appearing for, representing· or advocating on behalf of another before the 
Legislatl.lre, unless without compensation and fo~ the benefit of a citizen; and 
Sec. 12.1 MRSA §1014, sub-§l, ~, as amended by PL 2007, c. 642, §7, is 
further amended to read: 
E. 
When a Legislator or a member of the Legislator's inunediate family accepts or 
engages in employment that could impair the Legislator's judgment, or when the 
Legislator lmows that there is a 'substantial possibility that an opportunity for 
employment .is being afforded the Legislator or a member of the Legislator'S 
immediate family with intent to influence the performance of the Legislator'S official 
duties, or when 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 2'ain or losses of other emnlovees or the 2'eneral communitv: and~ 
Sec. 13. 1 MRSA §1014, sub-§1, 91F, as amended byPL 2007, c. 642, §7, is 
repealed. 
Sec. 14. 1 MRSA §1014,sub-§2, as amended by PL 2007, c. 642, §7, is repealed. 
Sec. 15. 1 MRS A §1014, sub-§2 ... A is enacted to read: 
,2-A. Undue influence. It is a violation of legIslative ethics for it 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: 
(1) 
The appearance, representation or advocacy is provided without 
compensation and f<;>r 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; 
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(3) The appearance, representatiOI1- 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. 
Sec. 16. 3 MRS A §315-A, sub-§l, as enacted by PL 2005, c. 613, §1, is amended 
to read: 
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 pubiic 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 of the Legislature 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 bas,is and arranged and indexed as follows: 
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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 persol!s by whom each lobbyist is employed, 
The docket must be reestablished annually by the COlID1TISsion and the docket for any year 
must be maintained and be C;lvailable for public inspection in the office of the commission 
for 4 years from the expiration of the docket. 
Sec. 17. 3 MRSA §315-A, sub-§2, ~C, as enacted by PL 2005, c. 613, §1, is 
amended to read: 
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 lbbbyist or 
lobbyist associate intends to appear, the nature of· the business of the· person 
employing the lobbyist or lobbyist associate and, a statement as to the compensation 
that the lobbyist or lobbyist associate will receive for lobbying services or, if an exact 
amount is not ascertainable, the basis upon which the lobbyist or lobbyist associate 
will charge for services; 
Sec. 18. 3 MRSA §315-A, sub-§2, ~E, as amended by PL 2007, c. 630, §11, is 
further amended to read: 
E. 
For each employer, a list of all legislative actions that have been the subject of 
lobbying for the year, includIng hyper links to the sUmmary page of the Legislature's 
publicly accessible website for each legislative document listed; aHd 
Sec. 19. 3 MRSA §315-A, sub-§2, ~F, as enacted by PL 2007, c. 630, §11, is 
amended to read: . 
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F. A list of officials in the executive branch as defined in section 312-A, subsection 
10-C-; and 
Sec. 20. 3 MRSA §315-A, sub-§2, OjfG is enacted to read: 
G. A list for each joint standing committee of the Leg;islature including the names 
and photographs of the lobbyists or lobbyist associate who intend to lobby or appear 
before that committee. 
Sec. 21. 3 MRSA §316, sub-§4-C, as enacted by PL 2007, c. 630, §12, IS 
amended to read: 
4-C. 
Website of employer. The address for the employer's publicly accessible 
website; aHd 
Sec. 22. 3 MRSA §316, sub-§5, as amended by PL 1993, c. 446, Pt. A, §13 and 
affected by §20, is further amended to read: 
5. Compensation~ The amount of compensation that th~ 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.~ 
Sec. 23. 3 MRSA §316, sub-§6 is enacted to read: 
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 
Sec. 24. 3 MRSA §316, sub-§7 is enacted to read: 
7. Committees. The names of the joint sfanding committees of the Legislature the 
lobbyist intends to lobby. 
Sec. 25. 21-A MRSA §1013-A, sub-§l, r;rA, as aII!ended by PL 2007, c. 642, §9 
~md aff{:cted by § 14, is further amended to read: 
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A. 
No -later than 10 days after becoming· a candidate and before accepting 
contributions, maldng 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 or the candidate's spouse may not serve as treasurer, except that a 
candidate certified in accordance 'lAth section 1125 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 t~e 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. 
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(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 
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the same powers and responsibilities as the treasurer. A candidate certified in 
accordance with section 1125 may not serve as deputy'treasurer. The candidate 
or the candidate's spouse may not serve as deputy treasurer. When a treasurer 
dies or resigns, the deputy treasurer niay not assume the position of treasurer 
unless the candidate appoints the deputy treasurer to the positiqn of treasurer. 
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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. 26. 21-A MRS A §1056-C is enacted to read: 
§1056-C. Contribution limitations 
A committee required to register under this subchapter may not accept an aggregate 
amount of contributions exceeding $10,000 from anyone source in an election cycle. 
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SUMMARY 
This bill concerns transparency and accountability in campaigns and legislative 
ethics. The bill amends the definition of "gift .. " The bill changes the provisions regarding 
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 in order to have a conflict of interest. It requires lobbyists to submit a digital 
picture and a list of the committees they will be lobbying and the publishing of a lobbyist 
listing so that Legislators will have a better sense of who the lobbyist they interact with 
represents. 
It changes the' definition of "close economic associate." 
It prohibits 
candidates and their spouses from serving as campaign treasurers <:\nddeputy treasurers. 
It establishes a contribution limit to political action committees 0[$10,000 from anyone 
source per election cycle. 
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