An Act To Improve the Administration of the Legislative Ethics Laws
Maine Legislature, Session 125, LD 1150
Committee: Veterans and Legal Affairs
Sponsors: FARNHAM, BEAULIEU
Amends: 1 MRSA §1013, 1 MRSA §1016-C, 1 MRSA §1019

Legislative Document 
No. 1150 
S.P. 350 
In Senate, March 17, 2011 
An Act To Improve the Administration of the Legislative Ethics 
Laws 
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
the Maine Revised Statutes, Title 1, section 1009. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator FARNHAM of Penobscot. 
Cosponsored by Representative: BEAULIEU of Auburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §1013, sub-§1, ¶B, as amended by PL 2007, c. 642, §6, is 
further amended to read: 
B.  To investigate complaints alleging a violation of legislative ethics against any 
Legislator, to investigate a possible violation of legislative ethics upon the 
commission's own motion, to hold hearings on those complaints an alleged or 
possible violation if the commission determines it is appropriate and to issue findings 
of fact together with its opinion; and 
Sec. 2.  1 MRSA §1013, sub-§2, ¶B-1, as enacted by PL 2007, c. 642, §6, is 
amended to read: 
B-1.  Any person may file a complaint against a Legislator alleging a violation of 
legislative ethics only as described in section sections 1014 and 1015.  The complaint 
must be filed in writing and signed under oath and must specify the facts of the 
alleged violation citing the specific provisions of sections 1014 and 1015 that are 
alleged to have been violated, the approximate date of the alleged violation and such 
other information as the commission requires.  A complainant shall agree in writing 
not to disclose any information about the complaint during the time the commission 
is determining whether or not to pursue the complaint or during the investigation of a 
complaint.  A complaint that does not meet the criteria of this paragraph is considered 
incomplete and will not be forwarded to the commission. 
(1) The Legislator against whom a complaint is filed must immediately be given 
a copy of the complaint and the name of the complainant.  Before deciding 
whether to conduct an investigation or to hold any hearings, the commission shall 
afford the Legislator an opportunity to answer the complaint in writing and in 
person to the commission.  The commission staff may gather preliminary factual 
information that will assist the commission in deciding whether to conduct a full 
investigation or to hold hearings. 
(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. 
(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. 
Sec. 3.  1 MRSA §1013, sub-§2, ¶B-2 is enacted to read: 
B-2.  If the commission receives information other than through a complaint 
suggesting that a Legislator may have committed a violation of legislative ethics, the 
commission may commence an investigation or conduct hearings when there is 
probable cause to believe that a violation has occurred.  The commission may 
consider only activities by a Legislator in office at the time of the investigation that 
occurred or were ongoing within 2 years of the investigation.  The commission shall 
provide the Legislator with written notice of the possible violation and an opportunity 
to be heard in accordance with the requirements of paragraph B-1.  The commission's 
consideration of the possible violation is subject to the confidentiality provisions of 
subsection 3-A. 
Sec. 4.  1 MRSA §1016-C, as enacted by PL 1991, c. 880, §2, is amended to read: 
§1016-C.  Reports by legislative candidates 
A candidate, as defined in Title 21-A, section 1, subsection 5, for the Legislature who 
is not required to file a report under section 1016-A or, 1016-B or 1016-E shall file a 
report containing the same information required of Legislators under sections 1016-A 
and, 1016-B and 1016-E no later than 5 p.m. on the first Monday in August preceding the 
general election unless the candidate withdraws from the election in accordance with 
Title 21-A, section 374-A by that date. 
Sec. 5.  1 MRSA §1019, 2nd ¶, as amended by PL 1977, c. 252, §5, is further 
amended to read: 
If the commission determines that a Legislator has willfully failed to file a statement 
required by this subchapter or has willfully filed a false statement, the Legislator shall be 
is presumed to have a conflict of interest on every question and shall be precluded or 
punished as provided in section 1015 1014 on every question. 
SUMMARY 
This bill allows the Commission on Governmental Ethics and Election Practices to 
investigate a possible violation of legislative ethics upon its own motion.  The bill 
requires the commission to allow a Legislator the opportunity to answer a complaint in 
writing and in person before the commission decides to conduct an investigation.  The 
bill allows the commission to commence an investigation on information it receives other 
than through a complaint filed against a Legislator.  The bill fixes cross-references.