HP1585, LD 2219, item 8, 123rd Maine State Legislature

PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the amendment in section 10 in §1014 by striking out all of subsection 2 (page 5, lines 10 to 23 in amendment) and inserting the following:
 
‘~~2~~.  ~~Undue influence.~~     ~~It is presumed that a conflict of interest exists where there are circumstances which involve a substantial risk of undue influence by a Legislator, including but not limited to the following cases.~~
 
~~A~~.  ~~Appearing for, representing or assisting another in a matter before a state agency or authority, unless without compensation and for the benefit of a constitutent, except for attorneys or other professional persons engaged in the conduct of their professions.~~
 
~~(1) Even in the excepted cases, an attorney or other professional person must refrain from references to his legislative capacity, from communications on legislative stationery and from threats or implications relating to legislative action.~~
 
~~B~~.  ~~Representing or assisting another in the sale of goods or services to the State, a state agency or authority, unless the transaction occurs after public notice and competitive bidding.~~
 
2-A.  Undue influence.     It is a violation of legislative ethics for a Legislator to engage in conduct that constitutes the exertion of undue influence, including, but not limited to:
 
A.  Appearing for, representing or advocating for another person in a matter before a state agency or authority, for compensation other than compensation as a Legislator, if the Legislator makes reference to that Legislator's legislative capacity, communicates with the agency or authority on legislative stationery or makes threats or implications relating to legislative action;
 
B.  Appearing for, representing or advocating for another person in a matter before a state agency or authority if the Legislator is a member of legislative leadership or the Legislator oversees the policies of the agency or authority as a result of the Legislator's committee responsibilities, unless:
 
(1) The appearance, representation or advocacy is provided without compensation and for the benefit of a constituent;
 
(2) The Legislator is engaged in the conduct of the Legislator's profession and is in good standing with a licensing board that oversees the Legislator's profession;
 
(3) The appearance, representation or advocacy is provided before a court or office of the judicial branch; or
 
(4) The representation consists of filing records or reports or performing other routine tasks that do not involve the exercise of discretion on the part of the agency or authority; and
 
C. Representing or assisting another person in the sale of goods or services to the State, a state agency or a state authority, unless the transaction occurs after public notice and competitive bidding.’
Amend the amendment by striking out all of section 12 (page 6, lines 5 to 29 in amendment) and inserting the following:
‘Sec. 12. 21-A MRSA §1013-A, sub-§1, ¶A,  as corrected by RR 1995, c. 2, §35, is amended to read:
 
A. No later than 10 days after becoming a candidate and before accepting contributions, making expenditures or incurring obligations, a candidate for state or county office or a candidate for municipal office who has not filed a written notice in accordance with section 1011, subsection 2, paragraph A shall appoint a treasurer. The candidate may serve as treasurer. The candidate may have only one treasurer, who is responsible for the filing of campaign finance reports under this chapter. A candidate shall register the candidate's name and address and the name and address of the treasurer appointed under this section no later than 10 days after the appointment of the treasurer. A candidate may accept contributions personally or make or authorize expenditures personally, as long as the candidate reports all contributions and expenditures to the treasurer. The treasurer shall make a consolidated report of all income and expenditures and provide this report to the commission. If a certified candidate serves as treasurer of that candidate's campaign, the certified candidate must be audited.
’
 
(1) A candidate may appoint a deputy treasurer to act in the absence of the treasurer. The deputy treasurer, when acting in the absence of the treasurer, has the same powers and responsibilities as the treasurer. When a treasurer dies or resigns, the deputy treasurer may not assume the position of treasurer unless the candidate appoints the deputy treasurer to the position of treasurer. The candidate shall report the name and address of the deputy treasurer to the commission no later than 10 days after the deputy treasurer has been appointed.
Amend the amendment on page 6 by striking out all of the 3rd indented paragraph (page 6, line 30 in amendment).
Amend the amendment by striking out all of section 16.
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment clarifies the provisions regarding undue influence to include members of legislative leadership. The amendment also removes the provision that a Maine Clean Election Act candidate may not serve as that candidate's treasurer or deputy treasurer and replaces it with a provision that if the candidate serves as that candidate's treasurer, the candidate must be audited.

HP1585, LR 2853, item 8, First Special Session - 123rd Legislature, page