Maine Revised Statutes Title 3 Sec. 318-B – Former executive branch employee lobbying prohibited
Current as of: 2023 | Check for updates
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Classified service” has the same meaning as in Title 5, section 7032, subsection 3. [PL 2023, c. 337, §2 (NEW).]
B. “Compensated lobbying” means lobbying conducted by an individual who is specifically employed by another person other than the State or an agency of the State for that purpose or lobbying conducted by an individual as a regular employee of another person other than the State or an agency of the State. “Compensated lobbying” does not include activities for which the individual receives no compensation other than reimbursement for lobbying-related travel within the State and reimbursement for other out-of-pocket expenditures made by the individual for printing, postage and food and lodging connected with lobbying activities paid for by the individual. For the purposes of this paragraph, “reimbursement for other out-of-pocket expenditures” does not include reimbursement for the individual’s time spent lobbying that would have been otherwise compensated by an employer or in the course of the individual’s employment. [PL 2023, c. 337, §2 (NEW).]
C. “Employee from the executive branch in the unclassified service” has the same meaning as in Title 5, section 7032, subsection 6?A. [PL 2023, c. 337, §2 (NEW).]
[PL 2023, c. 337, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 3 Sec. 318-B
- Commission: means the Commission on Governmental Ethics and Election Practices as defined in Title 1, chapter 25. See Maine Revised Statutes Title 3 Sec. 312-A
- Compensation: means anything of value that is received or to be received in return for, or in connection with, services rendered or to be rendered. See Maine Revised Statutes Title 3 Sec. 312-A
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employer: means a person who agrees to reimburse for expenditures or to compensate a person who in return agrees to provide services. See Maine Revised Statutes Title 3 Sec. 312-A
- Employment: means an agreement to provide services in exchange for compensation or reimbursement of expenditures. See Maine Revised Statutes Title 3 Sec. 312-A
- 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. See Maine Revised Statutes Title 3 Sec. 312-A
- major policy-influencing position: means those positions listed in Title 5, chapter 71 and officers or employees of departments and agencies listed in section 959 and in Title 5, chapter 71 who have policy development as a major function of their positions. See Maine Revised Statutes Title 3 Sec. 312-A
- Person: means an individual, corporation, proprietorship, joint stock company, business trust, syndicate, association, professional association, labor union, firm, partnership, club or other organization, whether profit or nonprofit, or any municipality or quasi-municipality or group of persons acting in concert, but does not include this State or any other agency of this State. See Maine Revised Statutes Title 3 Sec. 312-A
- Reimbursement: means anything of value received or to be received as repayment for expenditures. See Maine Revised Statutes Title 3 Sec. 312-A
- Year: means a 12-month period starting December 1st and ending the following November 30th. See Maine Revised Statutes Title 3 Sec. 312-A
2. Lobbying prohibited. Beginning December 4, 2024, a former officer or employee in the classified service or a former employee from the executive branch in the unclassified service of this State or a person who was 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 may not engage in compensated lobbying until one year after the termination of the employee’s executive branch employment.
[PL 2023, c. 337, §2 (NEW).]
3. Complaints and investigations. A person may file a complaint with the commission specifying an alleged violation of this section. The commission staff shall notify the person against whom the complaint has been filed and may undertake an investigation of the alleged violation if directed by the commission. The commission may direct commission staff to undertake an investigation of an alleged violation of this section on its own motion.
[PL 2023, c. 337, §2 (NEW).]
4. Penalty. A person who intentionally violates this section is subject to a civil penalty not to exceed $1,000, payable to the State and recoverable in a civil action.
[PL 2023, c. 337, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 337, §2 (NEW).