3 §312-A. Definitions
Title 3: LEGISLATURE
Chapter 15: LOBBYIST DISCLOSURE PROCEDURES
§312-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following words have the following meanings. [1983, c. 160, §1 (NEW).]
1. Campaign fund raising activity. "Campaign fund raising activity" means any event or solicitation by letter or any other means that is held for the purpose of receiving contributions for a political party, political committee, political action committee, candidate for political office in any primary or election, any elected official or a referendum committee.
[ 1993, c. 446, Pt. A, §1 (AMD); 1993, c. 446, Pt. A, §20 (AFF) .]
1-A. Campaign contribution. "Campaign contribution" is a contribution, as defined in Title 21-A, section 1012, subsection 2.
[ 1993, c. 446, Pt. A, §2 (NEW) .]
2. Committee. "Committee" means any committee, subcommittee, joint or select committee of the Legislature or any special committee or commission, by whatever name, established by the Legislature to make recommendations for legislative action or to develop legislation.
[ 1983, c. 160, §1 (NEW) .]
2-A. Commission. "Commission" means the Commission on Governmental Ethics and Election Practices as defined in Title 1, chapter 25.
[ 1993, c. 446, Pt. B, §1 (NEW) .]
3. Communicate. "Communicate" means the act of expressing, imparting or conveying information or impressions from one person to another, by either oral or written means.
[ 1983, c. 160, §1 (NEW) .]
4. Compensation. "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.
[ 1993, c. 446, Pt. A, §3 (AMD) .]
4-A. Covered official. "Covered official" means an official in the executive branch, an official in the legislative branch, a constitutional officer, the Governor and the Governor's cabinet and staff.
[ 2007, c. 630, §1 (NEW) .]
4-B. Domestic partner. "Domestic partner" means the partner of an individual who:
A. Is a mentally competent adult as is the individual; [2007, c. 630, §2 (NEW).]
B. Has been legally domiciled with the individual for at least 12 months; [2007, c. 630, §2 (NEW).]
C. Is not legally married to or legally separated from another individual; [2007, c. 630, §2 (NEW).]
D. Is the sole partner of the individual and expects to remain so; and [2007, c. 630, §2 (NEW).]
E. Is jointly responsible with the individual for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property. [2007, c. 630, §2 (NEW).]
[ 2007, c. 630, §2 (NEW) .]
5. Employer. "Employer" means a person who agrees to reimburse for expenditures or to compensate a person who in return agrees to provide services. Employer includes any political action committee as defined in this section which communicates through or uses the services of a lobbyist to make campaign contributions or to influence in any way the political process.
[ 1983, c. 160, §1 (NEW) .]
6. Employment. "Employment" means an agreement to provide services in exchange for compensation or reimbursement of expenditures.
[ 1983, c. 160, §1 (NEW) .]
7. Expenditure. "Expenditure" means anything of value or any contract, promise or agreement to transfer anything of value, whether or not legally enforceable.
A. [1993, c. 691, §4 (RP).]
B. [2007, c. 630, §3 (RP).]
C. [2007, c. 630, §3 (RP).]
[ 2007, c. 630, §3 (AMD) .]
7-A. Immediate family. "Immediate family" means a person's spouse or domestic partner and dependent children.
[ 2007, c. 630, §4 (AMD) .]
7-B. Indirect lobbying. "Indirect lobbying" means to communicate with members of the general public to solicit them to communicate directly with any covered official for the purpose of influencing legislative action, other than legislation that is before the Legislature as a result of a direct initiative in accordance with the Constitution of Maine, Article IV, Part Third, Section 18, when that solicitation is made by:
A. A broadcast, cable or satellite transmission; [2009, c. 282, §1 (NEW).]
B. A communication delivered by print media; or [2009, c. 282, §1 (NEW).]
C. A letter or other written communication delivered by mail or by comparable delivery service. E-mail is not considered a letter for the purposes of this paragraph. [2009, c. 282, §1 (NEW).]
[ 2009, c. 282, §1 (NEW) .]
8. Legislative action. "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any bill, resolution, amendment, report, nomination or other matter by the Legislature, by either the House of Representatives or the Senate, any committee or an official in the Legislative Branch acting in his official capacity, or action of the Governor in approving or vetoing any legislative document presented to the Governor for his approval.
[ 1983, c. 160, §1 (NEW) .]
8-A. Legislative designee. "Legislative designee" means any employee of a state department or agency who is directed by the head of the department or agency to lobby or monitor legislation on behalf of the department or agency. "Legislative designee" includes an employee who is reasonably expected to lobby or monitor legislation on behalf of the department or agency for more than 20 hours during the session. For the purposes of this subsection, "monitoring legislation" means attending legislative hearings and sessions regarding a legislative action.
[ 2007, c. 630, §5 (NEW) .]
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 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. "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 .
[ 2007, c. 630, §6 (AMD) .]
10. Lobbyist. "Lobbyist" means any person who is specifically employed by another person for the purpose of and who engages in lobbying in excess of 8 hours in any calendar month, or any individual who, as a regular employee of another person, expends an amount of time in excess of 8 hours in any calendar month in lobbying. "Lobbyist" does not include a lobbyist associate. "Lobbyist" does not include an individual who receives no compensation for lobbying 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 subsection, "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.
[ 2009, c. 234, §1 (AMD) .]
10-A. Lobbyist associate. "Lobbyist associate" means an individual who:
A. Is a partner, associate or employee of a lobbyist or is a coemployee of a regular employee of another person if that regular employee is registered as a lobbyist; [1993, c. 691, §6 (NEW).]
B. Lobbies on behalf of the employer named on the lobbyist registration; and [1993, c. 691, §6 (NEW).]
C. Expends more than 8 hours in any calendar month lobbying on behalf of an employer of the lobbyist. [1993, c. 691, §6 (NEW).]
[ 1993, c. 691, §6 (RPR) .]
10-B. Media outlet. "Media outlet" means a radio or television station, a cable television system, newspapers, magazines and other published written materials.
[ 1993, c. 446, Pt. A, §7 (NEW) .]
10-C. Official in the executive branch. "Official in the executive branch" means an individual in a major policy-influencing position in a department or agency listed in section 959 or in Title 5, chapter 71 and the Governor's cabinet and staff . As used in this chapter, "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.
[ 2007, c. 630, §7 (AMD) .]
11. Official in the Legislative Branch. "Official in the Legislative Branch" means a member, member-elect, candidate for or officer of the Legislature or an employee of the Legislature.
[ 1983, c. 160, §1 (NEW) .]
11-A. Original source. "Original source" means any person who contributes or pays $1,000 or more in any lobbying year directly or indirectly to any employer of a lobbyist for purposes of lobbying or indirect lobbying, except that contributions of membership dues to nonprofit corporations formed under Title 13-B, under any equivalent state law or by legislative enactment are not considered contributions by an original source.
[ 2009, c. 282, §2 (AMD) .]
12. Person. "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.
[ 1993, c. 691, §8 (AMD) .]
13. Political Action Committee. "Political Action Committee" includes:
A. Any separate or segregated fund established by any corporation, membership organization, cooperative or labor organization whose purpose is to influence the outcome of an election, including a candidate or question; and [1983, c. 160, §1 (NEW).]
B. Any person, as defined in subsection 12 which serves as a funding and transfer mechanism and by which moneys are expended to advance, promote, defeat, influence in any way, or initiate a candidate, campaign, political party, referendum or initiated petition in this State. [1983, c. 160, §1 (NEW).]
[ 1983, c. 160, §1 (NEW) .]
14. Reimbursement. "Reimbursement" means anything of value received or to be received as repayment for expenditures.
[ 1993, c. 446, Pt. A, §9 (AMD) .]
14-A. Solicit. "Solicit" means to entreat, implore, urge or ask.
[ 2009, c. 282, §3 (NEW) .]
15. Year. "Year" means a 12-month period starting December 1st and ending the following November 30th.
[ 1993, c. 446, Pt. A, §9 (AMD) .]
16. Anything of value. "Anything of value" means, but is not limited to:
A. Negotiable items:
(1) Money;
(2) A bank bill or note;
(3) A stock, bond, note or other investment interest in an entity;
(4) A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;
(5) An honorarium or compensation for services;
(6) The granting of a discount or rebate:
(a) Not extended to the public generally; or
(b) By a media outlet not extended equally to all candidates for the same office; and
(7) The sale or trade of something for reasonable compensation that is not available ordinarily to a member of the public; [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).]
B. Obligations:
(1) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, pledge or transfer of money;
(2) A receipt given for the payment of money or other property;
(3) A right in action;
(4) A promise or offer of employment; and
(5) An interest in tangible goods or chattel; [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).]
C. Property. The retail or fair market value, whichever is greater, of:
(1) A work of art, an antique or a collectible;
(2) An automobile or other means of personal transportation;
(3) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future interest contingent or vested in realty, a leasehold interest or other beneficial interest in realty; and
(4) Other tangible goods; and [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).]
D. Other goods or services. The retail or fair market value, whichever is greater, of:
(1) The purchase of tickets for an event such as a reception, rally or fund-raising event;
(2) A meal or lodging; and
(3) Any service not extended free of charge to other members of the public. [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).]
[ 1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF) .]
17. State employee or state agency employee. "State employee or state agency employee" means employees of the executive branch, the judicial branch, the Department of the Attorney General, the Department of Secretary of State, the Department of the Treasurer and any employee who directly or indirectly represents an entity listed in Title 5, chapter 379.
[ 1993, c. 691, §9 (NEW) .]
SECTION HISTORY
1983, c. 160, §2 (NEW). 1985, c. 779, §4 (AMD). 1987, c. 816, §KK4 (AMD). 1987, c. 868, §2 (AMD). 1993, c. 446, §§A1-10,B1,2 (AMD). 1993, c. 446, §A20 (AFF). 1993, c. 691, §§4-9 (AMD). 2007, c. 373, §§1, 2 (AMD). 2007, c. 630, §§1-8 (AMD). 2009, c. 234, §1 (AMD). 2009, c. 282, §§1-3 (AMD).