An Act To Increase Ethics and Transparency in Government Service
Maine Legislature, Session 126, LD 0859
Committee: Veterans and Legal Affairs
Sponsors: RUSSELL, STUCKEY
Amends: 3 MRSA §312-A, 3 MRSA §318-A, 5 MRSA §19-C

Legislative Document 
No. 859 
H.P. 610 
House of Representatives, March 5, 2013 
An Act To Increase Ethics and Transparency in Government 
Service 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative RUSSELL of Portland. 
Cosponsored by Representative: STUCKEY of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  3 MRSA §312-A, sub-§9, as amended by PL 2007, c. 630, §6, is further 
amended to read: 
9.  Lobbying.  "Lobbying" means to communicate directly with any official in the 
legislative branch or any official in the executive branch or with a constitutional officer 
for the purpose of influencing any legislative action, or a regulatory or adjudicatory 
action under Title 5, chapter 375, or with the Governor or the Governor's cabinet and staff 
for the purpose of influencing the approval or veto of a legislative action when 
reimbursement for expenditures or compensation is made for those activities. "Lobbying" 
includes the time spent to prepare and submit to the Governor, an official in the 
legislative branch, an official in the executive branch, a constitutional officer or a 
legislative committee oral and written proposals for, or testimony or analyses concerning, 
a legislative action, or a regulatory or adjudicatory action under Title 5, chapter 375. 
"Lobbying" does not include time spent by any person providing information to or 
participating in a subcommittee, stakeholder group, task force or other work group 
regarding a legislative action by the appointment or at the request of the Governor, a 
Legislator or legislative committee, a constitutional officer, a state agency commissioner 
or the chair of a state board or commission. 
Sec. 2.  3 MRSA §318-A is enacted to read: 
§318-A.  Prohibition 
A person may not engage in lobbying if that person has within the previous 5 years 
been employed in a position for which the salary is subject to adjustment by the Governor 
under Title 2, section 6 or that is described as a major policy-influencing position under 
Title 5, chapter 71.  A person who violates this section may be assessed a fine of $100 for 
every day the person engages in lobbying. 
Sec. 3.  5 MRSA §19-C is enacted to read: 
§19-C.  Prohibition 
A person may not be employed in a position for which the salary is subject to 
adjustment by the Governor under Title 2, section 6 or that is described as a major policy-
influencing position under chapter 71 if that person has engaged in lobbying as defined in 
Title 3, section 312-A, subsection 9 within the previous 12 months. 
SUMMARY 
This bill provides that a person may not be employed in a position for which the 
salary is subject to adjustment by the Governor or a major policy-influencing position if 
that person has engaged in lobbying in the previous 12 months.  The bill prohibits a 
person from lobbying if that person has been employed in a position for which the salary 
is subject to adjustment by the Governor or a major policy-influencing position within the 
previous 5 years.  The bill also expands the definition of "lobbying" to include attempting 
to influence regulatory or adjudicatory action by an executive branch agency.