HP0610, LD 859, item 1, An Act To Increase Ethics and Transparency in Government Service

An Act To Increase Ethics and Transparency in Government Service

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.

HP0610 LD 859	Session - 126th Maine Legislature		LR 1338 Item 1
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