An Act To Clarify Lobbyist Reporting Requirements and Simplify Registration Requirements for State Employees Who Lobby on Behalf of a State Department or Agency
Maine Legislature, Session 129, LD 1867
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 3 MRSA §170-B, 3 MRSA §312-A, 3 MRSA §312-B, 3 MRSA §313, 3 MRSA §313-A, 3 MRSA §316, 3 MRSA §316-A, 3 MRSA §317, 3 MRSA §321

Legislative Document
No. 1867
S.P. 639
In Senate, December 23, 2019
An Act To Clarify Lobbyist Reporting Requirements and Simplify 
Registration Requirements for State Employees Who Lobby on 
Behalf of a State Department or Agency
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 203.
Received by the Secretary of the Senate on December 19, 2019.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA §170-B, as amended by PL 2019, c. 41, §1, is further amended to 
read:
§170-B.  Required training regarding harassment
All Legislators, legislative staff and, lobbyists and lobbyist associates shall attend and 
complete a course of in-person education and training regarding harassment, including, 
but not limited to, sexual harassment and racial harassment, at the beginning of each 
regular session of the Legislature.  The Legislative Council shall develop and implement 
this course of education and training.  For the purpose of this section, "lobbyist" has and 
"lobbyist associate" have the same meaning meanings as in section 312-A, subsection 
subsections 10 and 10-A, respectively.
Sec. 2.  3 MRSA §312-A, sub-§8-A, as enacted by PL 2007, c. 630, §5, is 
amended to read:
8-A.  Legislative designee.  "Legislative designee" means any employee of a state 
department or agency who is directed designated by the head of the department or agency 
as the primary employee to lobby or monitor legislation on behalf of the department or 
agency or who is reasonably expected to lobby on behalf of the department or agency for 
more than 10 hours during a legislative session.  "Legislative designee"  includes an 
employee who is reasonably expected to lobby or monitor legislation on behalf of the 
department or agency for more than 20 hours during the session.  For the purposes of this 
subsection, "monitoring legislation" means attending legislative hearings and sessions 
regarding a legislative action.
Sec. 3.  3 MRSA §312-A, sub-§9-A is enacted to read:
9-A.  Lobbying firm.  "Lobbying firm" means a partnership, corporation, limited 
liability company or unincorporated association that employs or contracts with more than 
one lobbyist or lobbyist associate and that receives or is entitled to receive compensation 
for engaging in lobbying either directly or through its employees.
Sec. 4.  3 MRSA §312-A, sub-§11-A, as amended by PL 2009, c. 282, §2, is 
further amended to read:
11-A.  Original source.  "Original source" means any person who contributes or 
pays $1,000 or more in any lobbying year directly or indirectly to any employer of a 
lobbyist for purposes of lobbying or indirect lobbying, except that contributions payments 
of membership dues to nonprofit corporations formed under Title 13-B, under any 
equivalent state law or by legislative enactment are not considered contributions 
payments by an original source.
Sec. 5.  3 MRSA §312-B, as enacted by PL 2017, c. 443, §2, is amended to read:
§312-B.  Required training regarding harassment
A lobbyist or lobbyist associate shall complete the training required under section 
170-B, retain proof of completion of the training for 2 years following completion and 
certify completion of that training to the commission at the time of registration under 
section 313.  If completion of the required training prior to registration is not possible due 
to circumstances that are beyond a lobbyist's or lobbyist associate's control, the 
commission may provide a limited extension to that lobbyist or lobbyist associate for 
completion of the training.  If a lobbyist or lobbyist associate has a very limited physical 
presence in the State House and the Burton M. Cross Building, the commission may 
exempt the lobbyist or lobbyist associate from the requirements of this section.
Sec. 6.  3 MRSA §313, as amended by PL 1999, c. 745, §1, is further amended to 
read:
§313.  Registration of lobbyists, lobbyist associates and employers
Every employer of a lobbyist and every lobbyist and lobbyist associate who lobbies 
on behalf of that employer shall register jointly at the office of  A lobbyist shall submit a 
joint registration for the lobbyist and any lobbyist associates and the employer of that 
lobbyist with the commission no later than 15 business days after commencement of 
lobbying more than 8 hours in a month and pay a registration fee of $200 for the 
registration of each lobbyist and $100 for the registration of.  For each lobbyist associate 
or such other amounts as the commission determines approximate the cost to the 
commission of administering and enforcing the provisions of this chapter included in the 
registration, the lobbyist shall pay an additional $100 fee.
Sec. 7.  3 MRSA §313-A, as amended by PL 2007, c. 630, §9, is further amended 
to read:
§313-A.  Registration of state employees or state agency employees
Within 15 business days of the convening of a regular legislative session, a 
department or agency shall register with the commission as described in section 316-A 
those officers or state employees or state agency employees who will serve as the 
department's or agency's legislative designees for the session by submitting to the 
commission a list that must include the name and position of each employee, the name of 
the department or agency and the name of the bureau or division within the department 
for which each employee works and the mailing address, e-mail address and phone 
number of each employee.  The department or agency shall file an updated registration 
form later in the session containing notify the commission in writing of any changes of its 
designees within 15 business days of the change.
An employee who is required to be registered under this section is exempt from all 
other requirements under the law regarding lobbyists.
Sec. 8.  3 MRSA §316, sub-§3, as amended by PL 1993, c. 446, Pt. A, §13 and 
affected by §20, is further amended to read:
3.  Date.  The date upon which lobbying commenced and the date on which the 
lobbyist exceeded 8 hours of lobbying in a month or was expected to commence a 
statement that the lobbyist is registering without having reached the 8-hour threshold for 
registering pursuant to section 313;
Sec. 9.  3 MRSA §316, sub-§4-D, as enacted by PL 2017, c. 443, §4, is amended 
to read:
4-D.  Date of completion or extension of or exemption from required harassment 
training.  The date that the lobbyist completed the training required under section 170-B 
or requested an extension or exemption pursuant to section 312-B; and
Sec. 10.  3 MRSA §316-A, as amended by PL 2015, c. 267, Pt. F, §2, is repealed.
Sec. 11.  3 MRSA §317, first ¶, as repealed and replaced by PL 1993, c. 691, §18, 
is repealed and the following enacted in its place:
A registered lobbyist shall file a report for each month that the Legislature is in 
session on forms prescribed or approved by the commission, even if no lobbying has been 
performed or compensation or reimbursement for expenses received for the month.
Sec. 12.  3 MRSA §317, sub-§1, as amended by PL 2009, c. 282, §§4 and 5, is 
further amended to read:
1.  Monthly session reports.  During the period in which the Legislature is in 
session, every a registered lobbyist shall file with the commission, no later than 11:59 
p.m. on the 15th calendar day of each month, a report concerning the lobbyist's activities 
for the previous month regarding each employer.
Every lobbyist shall report that lobbyist's lobbying activities for each month that the 
Legislature is in session, even if no lobbying has been performed or compensation or 
reimbursement for expenses received for the month. In the case of a lobbyist representing 
multiple employers, if no lobbying or services in support of lobbying were performed, 
one report listing each employer on whose behalf no lobbying was conducted may be 
submitted.  The monthly report must contain the following information:
A.  The month to which the report pertains;
B.  The name and address of the lobbyist and employer;
C.  The names of the individuals who lobbied during the month;
D.  The specific dollar total amount of compensation the lobbyist and lobbyist 
associates received or expect to receive for lobbying activities, as defined in section 
312-A, subsection 9, during the month. The amount of compensation received for 
lobbying officials in the legislative branch, officials in the executive branch and 
constitutional officers must be reported separately. 
In the case of a lobbyist or lobbyist associate who is a regular employee of the 
employer, the specific dollar amount of compensation must be computed by 
multiplying the number of hours devoted to the preparation of documents and 
research for the primary purpose of influencing legislative action and to lobbying by 
the employee's regular rate of pay based on a 40-hour week;
E.  The specific dollar total amount of expenditures made or incurred by the lobbyist 
and lobbyist associates during the month that is the subject of the report for purposes 
of lobbying as defined in section 312-A, subsection 9 for which the lobbyist has they 
have been or expects expect to be reimbursed. The amount of expenditures for 
lobbying officials in the legislative branch, officials in the executive branch and 
constitutional officers must be reported separately;
E-1.  When expenditures for the purposes of indirect lobbying exceed $15,000 during 
the month that is the subject of the report, the specific dollar amount of expenditures 
for indirect lobbying made or incurred during the month by a lobbyist, lobbyist 
associate or employer, with separate totals for expenditure categories as determined 
by the commission, the legislative actions that are the subject of the indirect lobbying 
and a general description of the intended recipients;
F.  The total amount of expenditures by the lobbyist or and lobbyist associates on 
behalf of the employer for which they have been or expect to be reimbursed and by 
the employer directly to or on behalf of one or more covered officials, including 
members of the official's immediate family;
G.  For any each expenditure of money or anything of value made by the lobbyist or 
employer on behalf of a covered official or a member of the official's immediate 
family with a total retail value of $25 or more, the name of the official or family 
member of $25 or more reported under paragraph F, the person making the 
expenditure and the date, amount and purpose of the expenditure and the name of the 
covered official or official's immediate family member on whose behalf the 
expenditure was made;
G-1.  The If the total cost for covered officials and the officials' immediate family 
members to attend an event paid for by the employer or by the lobbyist on the 
employer's behalf is $250 or more, the date and a description of an the event, a list of 
all officials in the legislative branch or executive branch or members of an official's 
the names of covered officials and the officials' immediate family members in 
attendance and the total amount of expenditures for the event, if the total amount of 
the expenditures for officials and family members is $250 or more cost for the 
covered officials and the officials' immediate family members to attend the event;
H.  A list of each legislative action by Legislative Document number, specific issue, 
nomination or other matter in connection with which the lobbyist is engaged in 
lobbying;
I.  A list specifically identifying each legislative action for which the lobbyist was 
and lobbyist associates were compensated or expects expect to be compensated, or 
expended in excess of $1,000 for lobbying activities related to those actions and a 
statement of the amounts compensated or expended for each; and
J.  A list of all of the employer's original sources and a statement of the dollar 
amounts contributed or paid by the original sources to the employer.  If the original 
source is a corporation formed under Title 13 or 13-C or former Title 13-A, nonprofit 
corporation formed under Title 13-B or limited partnership under Title 31, the 
corporation, nonprofit organization or limited partnership, not the individual 
members or contributors, must be listed as the original source.
Sec. 13.  3 MRSA §317, sub-§1-A is enacted to read:
1-A.  Lobbyist expenditure reports.  A lobbyist or lobbyist associate who makes an 
expenditure directly to or on behalf of a covered official or a member of the covered 
official's immediate family that is not reportable under subsection 1, paragraphs F, G or 
G-1 shall file a report pursuant to this subsection.  If such an expenditure is made by a 
lobbying firm, a lobbyist or lobbyist associate from that lobbying firm shall report the 
expenditure.
A.  A report under this subsection is required if:
(1)  The total amount of expenditures directly to or on behalf of covered officials 
and their immediate family members is more than $300 in a calendar month; and
(2)  The lobbyist or lobbyist associate has not been and does not expect to be 
reimbursed by any employer.
B.  The report must include:
(1)  The date of the expenditure;
(2)  The name and address of the lobbyist or lobbyist associate and lobbying firm;
(3)  The amount of the expenditure made or incurred by the lobbyist, lobbyist 
associate or lobbying firm either directly to or on behalf of a covered official or a 
covered official's immediate family member;
(4)  A description of the goods or services purchased by the lobbyist, lobbyist 
associate or lobbying firm;
(5)  The date and a description and location of an event paid for by the lobbyist, 
lobbyist associate or lobbying firm at which covered officials and the covered 
officials' immediate family members were in attendance; and
(6)  The names of all covered officials and their immediate family members to 
whom the expenditures were directly made or on whose behalf the expenditures 
were made or who attended an event paid for by the lobbyist, lobbyist associate 
or lobbying firm.
C.  A report under this subsection is due no later than 11:59 p.m. on the 15th calendar 
day of the month following the month in which the expenditure was made or 
incurred.
Sec. 14.  3 MRSA §317, sub-§4, ¶A, as enacted by PL 1993, c. 446, Pt. A, §14 
and affected by §20, is amended to read:
A.  With the lobbyist's last monthly report for that regular session a statement that the 
lobbyist will not engage in lobbying activities when the Legislature is not in session.  
The lobbyist is required to file a monthly report for lobbying activity conducted 
during a special session; or
Sec. 15.  3 MRSA §317, sub-§4, ¶B, as enacted by PL 1993, c. 446, Pt. A, §14 
and affected by §20, is amended to read:
B.  If the lobbyist is engaged in lobbying or if the lobbyist or employer conducts 
indirect lobbying or if the employer makes any expenditures directly to or on behalf 
of a covered official or a covered official's immediate family member in any of those 
months, a monthly report in the manner prescribed in subsection 1 even if 
compensation or reimbursement for expenses has not been received for the month.
Sec. 16.  3 MRSA §321, sub-§9, as enacted by PL 2017, c. 443, §5, is amended to 
read:
9.  Reject registrations.  The commission shall reject registrations that do not 
include certification of completion of training required under section 170-B or requests 
for extensions or exemptions pursuant to section 312-B.
Sec. 17.  Effective date.  This Act takes effect December 1, 2020.
SUMMARY
This bill clarifies a lobbyist's reporting requirement for expenditures totaling over 
$300 in a calendar month made to or on behalf of covered officials when the expenditures 
are made by the lobbyist, a lobbyist associate or a lobbying firm without reimbursement 
from an employer of the lobbyist.  When a lobbyist, lobbyist associate or lobbying firm 
makes such expenditures and does not receive or anticipate receiving reimbursement 
from an employer, the bill requires the lobbyist to file a separate report disclosing the 
expenditure.  The bill defines "lobbying firm."
The bill changes registration requirements for state employees who lobby on behalf 
of a state department or agency.  Under the current law, a department or agency is 
required to file a separate registration for each employee who lobbies or monitors 
legislation more than 20 hours in a legislative session.  The bill requires a department or 
agency to file a single registration listing all employees designated by the department or 
agency to lobby or who are anticipated to lobby more than 10 hours during a legislative 
session.
The bill makes minor changes to clarify what information must be included in 
lobbyist registrations and monthly reports.
The bill expands the requirement to attend and complete an annual harassment 
training to include lobbyist associates.
The bill provides an effective date of December 1, 2020.