LD 1373
pg. 2
Page 1 of 2 An Act to Amend the Laws Governing Lobbyists and the Laws Administered by the C... LD 1373 Title Page
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LR 537
Item 1

 
the results, within the limits of the Constitution of Maine and the
Constitution of the United States, of any contested county, state
or federal election within this State;

 
Sec. 4. 1 MRSA §1008, sub-§6, as enacted by IB 1995, c. 1, §6, is
amended to read:

 
6. Enhanced monitoring; source of revenue. To provide for
enhanced monitoring and enforcement of election practices and to
institute electronic submission of reports and computerized
tracking of campaign, election and lobbying information under the
commission's jurisdiction. Funds to support enhanced monitoring
and computerized data collection must come from the Maine Clean
Election Fund, established pursuant to Title 21-A, section 1124;
the commission's share of lobbyist registration fees, penalties
and other revenues pursuant to Title 3, section 320 as well as
chapter 15; and other revenue sources that may benefit from the
commission's acquisition and use of an electronic data collection
and disclosure system.

 
Sec. 5. 1 MRSA §1012, sub-§7, as enacted by PL 1989, c. 561, §4, is
amended to read:

 
7. Income. "Income" means economic gain to a person from any
source, including, but not limited to, compensation for services,
including fees, commissions and payments in kind; income derived
from business; gains derived from dealings in property, rents and
royalties; income from investments including interest, capital
gains and dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income; income
from an interest in an estate or trust; prizes; and grants, but
does not include gifts. Income received in kind includes, but is
not limited to, the transfer of property and options to buy or
lease, and stock certificates. Income "Income" does not include
alimony and separate maintenance payments.:

 
A.__Alimony and separate maintenance payments; or

 
B.__Campaign contributions recorded and reported as required
by Title 21-A, chapter 13.

 
Sec. 6. 3 MRSA §312-A, sub-§9, as amended by PL 1993, c. 446, Pt. A,
§5, is further amended to read:

 
9. Lobbying. "Lobbying" means to communicate directly with
any official in the Legislature for the purpose of influencing
any legislative action or with the Governor for the purpose of
influencing the approval or veto of a legislative action when
reimbursement for expenditures or compensation is made for those
activities. It includes the time spent to prepare and submit to
the Governor, a Legislator or a legislative committee oral and
written proposals for, or testimony or analyses concerning, a

 
legislative action. "Lobbying" also includes the time spent
traveling to and from and waiting to make a presentation at any
meeting with the Governor, a Legislator or a legislative
committee concerning a legislative action for which the lobbyist
or lobbyist associate is compensated by the employer.

 
Sec. 7. 3 MRSA §316, sub-§1, as amended by PL 1993, c. 446, Pt. A,
§13 and affected by §20, is further amended to read:

 
1. Names. The name of the lobbyist, a list of the lobbyist
associates, the name of the person authorized by the lobbyist to
sign the registration and reports for the lobbyist and, the name
of the person employing the lobbyist and the principal officer of
the person employing the lobbyist if that person is not an
individual;

 
Sec. 8. 3 MRSA §317, sub-§1, ¶D-1 is enacted to read:

 
D-1.__The specific dollar amount of compensation received
for the time spent traveling to and from and waiting to make
a presentation at any meeting with the Governor, a
Legislator or a legislative committee concerning a
legislative action for which the lobbyist or lobbyist
associate is compensated by the employer.

 
Sec. 9. 3 MRSA §317, sub-§2, as corrected by RR 1993, c. 2, §1, is
amended to read:

 
2. Annual report. Thirty days following the end of the year
in which any person lobbied pursuant to section 313, the lobbyist
and the lobbyist's employer shall file with the commission a
joint report that must contain the information required in
subsection 1, except that the report must summarize all lobbying
activities for the year and report in detail only those
legislative actions not previously reported, as required by
subsection 1, paragraphs H and I.

 
The report must include a separate listing of legislative actions
for the calendar year reported on pursuant to subsection 1,
paragraphs H and I. The reports required by subsection 1 must be
signed by the person designated by the lobbyist in section 316,
subsection 1. The reports required by this subsection must be
signed by both the designated person and the employer.

 
If the date any report required by this section is due falls on a
day other than a regular business day, the report is due on the
first regular business day next following the due date.

 
In addition to the amounts identified in subsection 1 as
compensation received or expenditure made for the primary purpose
of lobbying, this annual report must include the total amount of
compensation received by the lobbyist or the lobbying firm, or

 
expended by the employer, except compensation received or
expended for purposes not related to lobbying.

 
Sec. 10. 3 MRSA §318, sub-§3 is enacted to read:

 
3.__Campaign contributions and solicitations.__A lobbyist,
lobbyist associate or employer may not intentionally give, offer
or promise a contribution to the Governor, a Legislator or a
constitutional officer or the staff or agent of the Governor, a
Legislator or a constitutional officer during any time in which
the Legislature is convened before final adjournment as provided
by Title 1, section 1015, subsection 3.

 
SUMMARY

 
This bill makes some housekeeping changes to remove old
language and removes language that states that the Commission on
Governmental Ethics and Election Practices has the responsibility
to investigate and make findings on contested elections. This
bill also provides that funds from the Maine Clean Election Fund
and other sources that may benefit from the commission's
acquisition and use of an electronic data collection and
disclosure system be used to provide for enhanced monitoring and
enforcement of election practices and to support instituting
electronic submission of reports. The definition of "income" is
amended by this bill to exclude alimony and legally reported
campaign contributions. The definition of "lobbying" is also
amended to include the time spent waiting to meet with the
Governor, a Legislator or a legislative committee on behalf of
the lobbyist's employer and requires the lobbyist to report this
time to the Commission on Governmental Ethics and Election
Practices. Finally, the bill prohibits a lobbyist from offering a
contribution to the Governor, a Legislator, a constitutional
officer or their staff during any time the Legislature is
convened.


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