HP1095, LD 1591, item 1, An Act To Strengthen the Restrictions Governing Lobbying by Former Legislators and Former Executive Branch Officials

An Act To Strengthen the Restrictions Governing Lobbying by Former Legislators and Former Executive Branch Officials

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 1 MRSA §1024, sub-§1, as enacted by PL 2013, c. 129, §2, is amended to read:

1. Actions precluded. Beginning with the convening of the 127th Legislature, a person who has served as a Legislator may not engage in activities that would require registration as a lobbyist or lobbyist associate lobbying as defined by Title 3, section 312-A, subsections 10 and 10-A, respectively, subsection 9 until one year after that person's term as a Legislator ends. This subsection may not be construed to prohibit uncompensated lobbying by a former Legislator during the one-year period following the end of that Legislator's most recent term in office or to prohibit lobbying as a legislative designee as defined in Title 3, section 312-A, subsection 8-A.

Sec. 2. 1 MRSA §1024, sub-§3, as enacted by PL 2013, c. 129, §2, is amended to read:

3. 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.

Sec. 3. 3 MRSA §318-A, as enacted by PL 2013, c. 288, §1, is repealed.

Sec. 4. 3 MRSA §318-B is enacted to read:

§ 318-B. Waiting period before engaging in lobbying activities

1. Actions precluded. A person may not engage in lobbying if that person has within the previous 12 months 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.

2. 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 party 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.

3. Penalty. A person who violates this section is subject to a civil penalty not to exceed $1,000, payable to the State and recoverable in a civil action.

Sec. 5. Effective date. This Act takes effect January 1, 2018.

summary

Current law allows former Legislators and certain former executive-level state employees to engage in compensated lobbying for up to 8 hours per calendar month for the first year after leaving office or employment. This bill prohibits all compensated lobbying by such persons during that period of time.

HP1095 LD 1591	Session - 128th Maine Legislature		LR 2349 Item 1
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