An Act To Improve Transparency in Maine Government
Maine Legislature, Session 125, LD 1260
Committee: State and Local Government
Sponsors: PATRICK, BARTLETT, JACKSON, CAREY
Amends: 1 MRSA §402, 1 MRSA §1012, 1 MRSA §1014, 3 MRSA §328, 3 MRSA §329

Legislative Document 
No. 1260 
S.P. 381 
In Senate, March 22, 2011 
An Act To Improve Transparency in Maine Government 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Senators: BARTLETT of Cumberland, JACKSON of Aroostook, 
Representative: CAREY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §402, sub-§2, ¶F, as amended by PL 2009, c. 334, §2, is further 
amended to read: 
F.  Any advisory organization, including any authority, board, commission, 
committee, council, task force or similar organization of an advisory nature, 
established, authorized or organized by law or resolve or by Executive Order issued 
by the Governor and not otherwise covered by this subsection, unless the law, resolve 
or Executive Order establishing, authorizing or organizing the advisory organization 
specifically exempts the organization from the application of this subchapter; and 
Sec. 2.  1 MRSA §402, sub-§2, ¶G, as enacted by PL 2009, c. 334, §3, is 
amended to read: 
G.  The committee meetings, subcommittee meetings and full membership meetings 
of any association that: 
(1)  Promotes, organizes or regulates statewide interscholastic activities in public 
schools or in both public and private schools; and 
(2)  Receives its funding from the public and private school members, either 
through membership dues or fees collected from those schools based on the 
number of participants of those schools in interscholastic activities. 
This paragraph applies to only those meetings pertaining to interscholastic sports and 
does not apply to any meeting or any portion of any meeting the subject of which is 
limited to personnel issues, allegations of interscholastic athletic rule violations by 
member schools, administrators, coaches or student athletes or the eligibility of an 
individual student athlete or coach.; and 
Sec. 3.  1 MRSA §402, sub-§2, ¶H is enacted to read: 
H.  The transition team of a Governor-elect. 
Sec. 4.  1 MRSA §402, sub-§5 is enacted to read: 
5.  Public records of transition team of Governor-elect.  Any records of or relating 
to the transition team of a Governor-elect are public records. 
Sec. 5.  1 MRSA §1012, sub-§1, 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 which 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. 6.  1 MRSA §1014, sub-§1, ¶A, 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 has or 
acquires a direct substantial personal financial interest, distinct from that of the 
general public, in an enterprise that 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 would derive a 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; 
Sec. 7.  1 MRSA §1014, sub-§1, ¶E, as amended by PL 2007, c. 642, §7, is 
further amended to read: 
E.  When a Legislator or a member of the Legislator's immediate family accepts or 
engages in employment that could impair the Legislator's judgment, or when the 
Legislator knows 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 the Legislator's 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; and 
Sec. 8.  1 MRSA §1014, sub-§1, ¶F, as amended by PL 2007, c. 642, §7, is 
further amended to read: 
F.  When a Legislator or a member of the Legislator's immediate family has an 
interest in legislation relating to a profession, trade, business or employment in which 
the Legislator or a member of the Legislator's immediate family is engaged and the 
benefit derived by the Legislator or a member of the Legislator's immediate family is 
unique and distinct from that of the general public or persons engaged in similar 
professions, trades, businesses or employment.; and 
Sec. 9.  1 MRSA §1014, sub-§1, ¶G is enacted to read: 
G.  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 would derive a significant benefit or harm from proposed legislation; 
Sec. 10.  3 MRSA §328 is enacted to read: 
§328.  Former Legislators 
A person who served as a Legislator may not lobby until one year after that person's 
term as a Legislator ends. 
Sec. 11.  3 MRSA §329 is enacted to read: 
§329.  Former lobbyists 
A person who has been registered as a lobbyist under section 313 may not serve as an 
official in the executive branch until one year after that person's registration as a lobbyist 
expires. 
SUMMARY 
Under current law and rules of the Legislature, a Legislator is prohibited from voting 
on legislation on the grounds of conflict of interest only if the Legislator or certain family 
members or business associates would derive a unique and distinct benefit from the 
legislation.  This bill provides that a Legislator faces a conflict of interest in voting if the 
Legislator or an immediate family member or close economic associate of the Legislator 
would be benefited or harmed by the legislation to a degree that is significantly greater 
than similarly situated persons or entities, or the Legislator, a member of the Legislator's 
immediate family or a close economic associate is a member of a small group of persons 
or entities that would derive a significant benefit or harm from the proposed legislation. 
The bill also prohibits a person who served as a Legislator from lobbying until one 
year after that person's term as a Legislator ends and prohibits a person who has been 
registered as a lobbyist from serving as an official in the executive branch until one year 
after that person's registration as a lobbyist expires. 
The bill subjects the transition team of a Governor-elect to the laws governing 
freedom of access.