An Act To Limit the Influence of Lobbyists by Expanding the Prohibition on Accepting Political Contributions
Maine Legislature, Session 129, LD 0054
Committee Amendment CA_A_S132 (Senate)
Amends: 1 MRSA §1012, 1 MRSA §1013, 1 MRSA §1015, 1 MRSA §1015-A, 1 MRSA §1016-G

COMMITTEE AMENDMENT" /Jr "to S.P. 18, L.D. 54, Bill, "An Act To Limit the 
Influence of Lobbyists by Expanding the Prohibition on Accepting Political 
Contributions" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 1 MRSA §1012, sub-§10, as enacted by PL 2007, c. 642, §5, is amended 
to read: 
10. 
Violation of legislative ethics. 
"Violation of legislative ethics" means a 
violation of the prohibitions in section 1014 or -1-0M- 1015-A. 
Sec. 2. 1 MRSA §1013, sub-§2, ,rB-1, as amended by PL 2011, c. 471, §2, is 
further amended to read: 
B-1. Any person may file a complaint against a Legislator alleging a violation of 
legislative ethics only as described in sections 1014 and -1-0M- 1015-A. 
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-1-0M- 1015-A 
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. 
COMMITTEE AMENDMENT 
·, 
COMMITTEE AMENDMENT" ?i "to S.P. 18, L.D. 54 
\ 
) 
/ 
(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 opm1on 
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 §1015, as amended by PL 2009, c. 286, §1, is repealed. 
Sec. 4. 1 MRSA §1015-A is enacted to read: 
§1015-A. Campaign contributions and solicitations prohibited 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Contribution" has the same meaning as in Title 21-A, section 1012, subsection 2 
and includes seed money contributions as defmed in Title 21-A, section 1122, 
subsection 9, and, with respect to political action committees and ballot question 
committees, includes contributions as defmed in Title 21-A, section 1052, subsection 
3. "Contribution" does not include qualifying contributions as defined in Title 21-A, 
section 1122, subsection 7. 
B. "Employer" has the same meaning as in Title 3, section 312-A, subsection 5. 
"Employer" does not include a lobbying firm. 
C. 
"Legislative session" means the period of time after the convening of the 
Legislature and before fmal adjournment. 
D. "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 monetary or in-kind 
compensation for engaging in lobbying, as defmed in Title 3, section 312-A, 
subsection 9, either directly or through its employees or agents. 
E. "Lobbyist" has the same meaning as in Title 3, section 312-A, subsection 10. 
F. 
"Lobbyist associate" has the same meaning as in Title 3, section 312-A, 
subsection 10-A. 
2. 
Campaign contributions and solicitations prohibited during legislative 
session. The following provisions prohibit certain contributions and solicitations and 
offers of contributions during a legislative session. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT''.{\-" to S.P. 18, L.D. 54 ( 
· \~ z) 
A. The Governor, a member of the Legislature, a constitutional officer or the staff or 
agent of these officials may not intentionally solicit or accept a contribution from a 
lobbyist, lobbyist associate, employer of a lobbyist or lobbying firm during a 
legislative session. 
B. A lobbyist, lobbyist associate, employer of a lobbyist or lobbying firm may not 
intentionally give, offer or promise a contribution to the Governor, a member of the 
Legislature, a constitutional officer or the staff or agent of these officials during a 
legislative session. 
C. 
The prohibitions in paragraphs A and B apply to contributions directly and 
indirectly solicited or accepted by or given, offered and promised to a political action 
committee, ballot question committee or party committee of which the Governor, a 
member of the Legislature, a constitutional officer or the staff or agent of these 
officials is a treasurer, officer or primary fund-raiser or decision maker. 
D. The prohibitions in paragraphs A and B do not apply to the following: 
(1) The solicitation or acceptance of a contribution from or the offer or promise 
of a contribution by a lobbyist, lobbyist associate, employer of a lobbyist or 
lobbying firm that is not the property of that lobbyist, lobbyist associate, 
employer of a lobbyist or lobbying firm; 
(2) The solicitation or acceptance of a contribution from or the offer or promise 
of a contribution by an employer of a lobbyist or lobbying firm related to a 
special election to fill a vacancy from the time of announcement of the election 
until the election; or 
(3) The solicitation or acceptance of a contribution from or the offer or promise 
of a contribution by a lobbyist or lobbyist associate related to a special election to 
fill a vacancy from the time of announcement of the election until the election if 
the lobbyist or lobbyist associate is eligible to vote or will be eligible to vote on 
the day of the election in the district where the special election will appear on the 
ballot. 
3. Campaign contributions and solicitations prohibited when Legislature not in 
legislative session. 
The following provisions prohibit certain contributions and 
solicitations and offers of contributions when the Legislature is not in legislative session. 
A. When the Legislature is not in legislative session, the Governor, a member of the 
Legislature or the staff or agent of these officials may not intentionally solicit or 
accept a contribution from a lobbyist or lobbyist associate unless the lobbyist or 
lobbyist associate is eligible to vote or will be eligible to vote on the day of the 
election in a district where the Governor or member of the Legislature will appear on 
7 
the ballot. 
B. When the Legislature is not in legislative session, a lobbyist or lobbyist associate 
may not intentionally give, offer or promise a contribution to the Governor, a member 
of the Legislature or the staff or agent of these officials unless the lobbyist or lobbyist 
associate is eligible to vote or will be eligible to vote on the day of the election in a 
district where the Governor or member of the Legislature will appear on the ballot. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /1 "to S.P. 18, L.D. 54 ( · .. · \})l J 
C. 
The prohibitions in paragraphs A and B do not apply to the solicitation or 
acceptance of a contribution from or the offer or promise of a contdbution by a 
lobbyist or lobbyist associate that is not the property of that lobbyist or lobbyist 
associate. 
D. 
The prohibitions in paragraphs A and B do not apply to the solicitation or 
acceptance of a contribution from or the offer or promise of a contribution by an 
employer of a lobbyist or a lobbying firm. 
4. 
Campaign contributions and solicitations prohibited at all times. 
The 
following provisions prohibit certain contributions and solicitations and offers of 
contributions at all times, regardless of whether the Legislature is in legislative session. 
A. A gubernatorial or legislative candidate who is not the Governor or a member of 
the Legislature, or the staff or agent of a gubernatorial or legislative candidate, may 
not intentionally solicit or accept a contdbution from a lobbyist or lobbyist associate 
unless the lobbyist or lobbyist associate is eligible to vote or will be eligible to vote 
on the day of the election in a district where the gubernatorial or legislative candidate 
will appear on the ballot. 
B. A lobbyist or lobbyist associate may not intentionally give, offer or promise a 
contribution to a gubernatorial or legislative candidate who is not the Governor or a 
member of the Legislature, or the staff or agent of a gubernatorial or legislative 
candidate, unless the lobbyist or lobbyist associate is eligible to vote or will be 
eligible to vote on the day of the election in a district where the gubernatorial or 
legislative candidate will appear on the ballot. 
C. 
The prohibitions in paragraphs A and B do not apply to the solicitation or 
acceptance of a contribution from or the offer or promise of a contribution by a 
lobbyist or lobbyist associate that is not the property of that lobbyist or lobbyist 
associate. 
D. 
The prohibitions in paragraphs A and B do not apply to the solicitation or 
acceptance of a contribution from or the offer or promise of a contribution by an 
employer of a lobbyist or lobbying firm. 
5. Exceptions. This section does not prohibit any of the following. 
A. The solicitation, acceptance, offer or gift of money or anything of value for bona 
fide social events hosted for nonpartisan, charitable purposes. 
B. The solicitation, acceptance, offer or promise of contributions to a member of the 
Legislature supporting that member's campaign for federal office. 
C. The attendance of the Governor, a member of the Legislature, a constitutional 
officer, a gubernatorial or legislative candidate or the staff or agent of these persons 
at fund-raising events held by a municipal, county, state or national political party 
organized pursuant to Title 21-A, chapter 5, nor the advertisement of the expected 
presence of any such person at any such event, as long as any such person has no 
involvement in soliciting attendance at the event and all proceeds are paid directly to 
the political party organization hosting the event or a nonprofit charitable 
organization. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 18, L.D. 54 ( c) ·i 2':) 
6. Violations. The commission may undertake investigations to determine whether 
any person has violated this section. A person who violates this section is subject to a 
civil penalty not to exceed $1,000 for each violation, payable to the State and recoverable 
in a civil action. A contribution accepted in violation of this section must be returned to 
the contributor. 
Sec. 5. 1 MRSA §1016-G, sub-§3, ~' as enacted by PL 2011, c. 634, §11, is 
amended to read: 
B. The intentional filing of a false statement is a Class E crime. If the commission 
concludes that it appears that a Legislator has willfully filed a false statement, it shall 
refer its findings of fact to the Attorney General. 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 is presumed to have a conflict of 
interest on every question and must be ureoluded or subieot to uenaltv as movided in 
seotion 1015.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, strikes and replaces 
the bill. The amendment reorganizes the structure of the current law prohibiting the 
Governor, members of the Legislature, constitutional officers and the staff or agents of 
these officials from soliciting or accepting contributions from a lobbyist, lobbyist 
associate, employer of a lobbyist or a lobbying firm while the Legislature is convened in 
session. The amendment clarifies that this prohibition does not apply to a contribution 
unless the contribution is the property of the lobbyist, lobbyist associate, employer of a 
lobbyist or lobbying firm. 
The amendment also newly prohibits the Governor, a member of the Legislature or 
the staff or agent of these officials from soliciting or accepting contributions from a 
lobbyist or lobbyist associate when the Legislature is not in session, unless the lobbyist or 
lobbyist associate is eligible to vote or will be eligible to vote on the day of the election in 
a district where the Governor or member of the Legislature will appear on the ballot. 
Similarly, the amendment prohibits a gubernatorial or legislative candidate and the staff 
or agent of these persons from soliciting or accepting contributions from:. a lobbyist or 
lobbyist associate at any time unless the lobbyist or lobbyist associate is eligible to vote 
or will be eligible to vote on the day of the election in a district where the gubernatorial or 
legislative candidate will appear on the ballot. 
The amendment further clarifies the authority of the Commission on Governmental 
Ethics and Election Practices to undertake investigations to determine whether any person 
has improperly solicited, accepted, given or promised a contribution. A contribution 
made in violation of the law must be returned to the contributor. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" j,\ "to S.P. 18, L.D. 54 l \ · \/> 2 ) 
The amendment also makes a technical change to remove an obsolete cross-reference 
to a portion of law repealed in 2008. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/13/19 feac.. 
LD54 
LR 481(02) 
An Act To Limit the Influence of Lobbyists by Expanding the Prohibition on Accepting Political 
Contributions 
Fiscal Note for Bill as Amended by Committee Amendment "A' 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
f'c, 
2,, \ 
l_)' I :::><0 ) 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Commission on Governmental Ethics and Election Practices as a result of changes to the 
rules regarding contributions from lobbyists and lobbyist employers are anticipated to be minor and can be absorbed 
within existing budgeted resources. 
LR0481(02) - Fiscal Note - Page 1 of 1