An Act To Promote Transparency in Government
Maine Legislature, Session 125, LD 1806
Committee: Veterans and Legal Affairs
Sponsors: RAYE, NUTTING, COURTNEY, DIAMOND, FARNHAM, HASTINGS, HOBBINS, KATZ, LANGLEY, MASON, PLOWMAN, RECTOR, SNOWE-MELLO, CURTIS, CUSHING, FITTS, FOSSEL, HAMPER, MAKER, NEWENDYKE, SARTY, STRANG BURGESS, TURNER
Amends: 1 MRSA §1012, 1 MRSA §1016-A, 5 MRSA §19

Legislative Document 
No. 1806 
S.P. 624 
In Senate, February 7, 2012 
An Act To Promote Transparency in Government 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by President RAYE of Washington.  (GOVERNOR'S BILL) 
Cosponsored by Speaker NUTTING of Oakland and 
Senators: COURTNEY of York, DIAMOND of Cumberland, FARNHAM of Penobscot, 
HASTINGS of Oxford, HOBBINS of York, KATZ of Kennebec, LANGLEY of Hancock, 
MASON of Androscoggin, McCORMICK of Kennebec, PLOWMAN of Penobscot, RECTOR 
of Knox, SNOWE-MELLO of Androscoggin, Representatives: CURTIS of Madison, 
CUSHING of Hampden, FITTS of Pittsfield, FOSSEL of Alna, HAMPER of Oxford, MAKER 
of Calais, NEWENDYKE of Litchfield, SARTY of Denmark, STRANG BURGESS of 
Cumberland, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §1012, sub-§1-A, as enacted by PL 2003, c. 268, §1, is amended 
to read: 
1-A.  Associated organization.  "Associated organization" means any organization 
in which a Legislator or a Legislator's spouse member of the Legislator's immediate 
family is a managerial employee, director, officer or trustee, or owns or controls, directly 
or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity. 
Sec. 2.  1 MRSA §1012, sub-§7-A is enacted to read: 
7-A.  Managerial employee.  "Managerial employee" means an employee of an 
organization whose responsibilities include control, decision making or other high-level 
duties in the area of business operations, financial management or contracting and 
procurement.   
Sec. 3.  1 MRSA §1016-A, first ¶, as amended by PL 2001, c. 75, §1, is further 
amended to read: 
Each Legislator shall file a statement of specific sources of income received in the 
preceding calendar year with the commission by 5:00 p.m. on February 15th of each year 
on forms provided by the commission.  Prior to the end of the first week in January of 
each year, the commission shall deliver a form to each Senator and member of the House 
of Representatives.  The statement of specific sources of income filed under this 
subchapter must be on a form prescribed by the commission and is a public record. A 
Legislator who has completed service in the Legislature shall file the statement within 45 
days of the Legislator's last day of service to disclose the sources of income in the 
Legislator's final calendar year of service. 
Sec. 4.  1 MRSA §1016-A, sub-§1, ¶A, as enacted by PL 1989, c. 561, §9, is 
amended to read: 
A.  A Legislator who is an employee of another shall name the employer and each 
other source of income of $1,000 or more.  The Legislator shall identify the title of 
the position held by the Legislator. 
Sec. 5.  1 MRSA §1016-A, sub-§4, as amended by PL 2007, c. 704, §1, is further 
amended to read: 
4.  Disclosure of income of immediate family.  The Legislator shall disclose the 
type of economic activity representing each source of income of $1,000 or more that any 
member of the immediate family of the Legislator received and the name of the spouse or 
domestic partner of the Legislator.  The disclosure must include the job title of the 
Legislator and the members of the Legislator's immediate family if the source of income 
is derived from employment or compensation If the member of the Legislator's immediate 
family received income of $1,000 or more in compensation, the Legislator shall identify 
the source of the compensation, the type of the economic activity and the title of the 
position held by the immediate family member. 
Sec. 6.  1 MRSA §1016-A, sub-§7, as enacted by PL 1989, c. 561, §9, is amended 
to read: 
7.  Business with state agencies.  The Legislator shall identify each executive branch 
agency to which the Legislator or, a member of the Legislator's immediate family or an 
associated organization has sold goods or services with a value in excess of $1,000. 
Sec. 7.  5 MRSA §19, sub-§1, ¶¶A-1 and B-1 are enacted to read: 
A-1.  "Associated organization" means any organization in which an executive 
employee or a member of the executive employee's immediate family is a managerial 
employee, director, officer or trustee or owns or controls, directly or indirectly, and 
severally or in the aggregate, at least 10% of the outstanding equity. 
B-1.  "Domestic partner" means the partner of an executive employee who: 
(1)  Has been legally domiciled with the executive employee for at least 12 
months; 
(2)  Is not legally married to or legally separated from an individual; 
(3)  Is the sole partner of the executive employee and expects to remain so; and 
(4)  Is jointly responsible with the executive employee for each other's common 
welfare as evidenced by joint living arrangements, joint financial arrangements or 
joint ownership of real or personal property. 
Sec. 8.  5 MRSA §19, sub-§1, ¶G, as enacted by PL 1989, c. 561, §14, is 
amended to read: 
G.  "Immediate family" means a person's spouse, domestic partner or dependent 
children. 
Sec. 9.  5 MRSA §19, sub-§1, ¶H-1 is enacted to read: 
H-1.  "Managerial employee" means an employee of an organization whose 
responsibilities include control, decision making or other high-level duties in the area 
of business operations, financial management or contracting and procurement. 
Sec. 10.  5 MRSA §19, sub-§2, ¶D, as amended by PL 2007, c. 704, §5, is further 
amended to read: 
D.  The type of economic activity representing each source of income of $1,000 or 
more that any member of the immediate family of the executive employee received 
and the name of the spouse or domestic partner of the executive employee. The 
disclosure must include the job title of the executive employee and immediate family 
members if the source of income is derived from employment or compensation If the 
member of the executive employee's immediate family received income of $1,000 or 
more in compensation, the executive employee shall identify the source of the 
compensation, the type of the economic activity and the title of the position held by 
the immediate family member; 
Sec. 11.  5 MRSA §19, sub-§2, ¶G, as amended by PL 1989, c. 608, §3, is further 
amended to read: 
G.  Each executive branch agency to which the executive employee or, a member of 
the employee's immediate family or an associated organization has sold goods or 
services with a value in excess of $1,000. 
Sec. 12.  5 MRSA §19, sub-§3-A is enacted to read: 
3-A.  Filing upon termination of employment.  An executive employee whose 
employment has terminated shall file a statement of finances as described in subsection 2 
and a statement of positions as described in subsection 2-A within 45 days after the 
termination of employment relating to the final calendar year of the employment. 
SUMMARY 
This bill makes the following changes to the laws governing financial disclosure by 
Legislators and certain executive employees. 
1. It changes the definition of "associated organization" in the laws governing 
financial disclosure by Legislators to provide that an organization with which a member 
of a Legislator's immediate family, rather than only the Legislator's spouse as in current 
law, holds a certain position is an associated organization and to add managerial 
employees to the list of the positions in an organization covered in the definition. 
2. It requires a Legislator who has completed service to file a statement within 45 
days of the last day of service to disclose the Legislator's sources of income in the 
Legislator's final year of service. 
3. It requires a Legislator who is an employee of another to identify the title of the 
position held by the Legislator. 
4. It requires that, if a member of a Legislator's immediate family received income of 
$1,000 or more in compensation in a calendar year, the Legislator must identify the 
source of the compensation, the type of the economic activity and the title of the position 
held by the immediate family member. 
5. It requires a Legislator to identify each executive branch agency to which an 
associated organization has sold goods or services with a value in excess of $1,000. 
6. It adds domestic partners to the definition of "immediate family" in the laws 
governing financial disclosure by certain executive employees. 
7. It requires that, if a member of an executive employee's immediate family received 
income of $1,000 or more in compensation in a calendar year, the executive employee 
must identify the source of the compensation, the type of the economic activity and the 
title of the position held by the immediate family member. 
8. It requires an executive employee to identify each executive branch agency to 
which an associated organization has sold goods or services with a value in excess of 
$1,000. 
9. It requires an executive employee whose employment has terminated to file a 
statement of finances and a statement of positions within 45 days after the termination of 
employment relating to the final calendar year of the employment.