2021 Maine Revised Statutes
TITLE 3: LEGISLATURE
Chapter 15: LOBBYIST DISCLOSURE PROCEDURES
3 §317. Reports

§317. Reports

A registered lobbyist shall file a report for each month that the Legislature is in session on forms prescribed or approved by the commission, even if no lobbying has been performed or compensation or reimbursement for expenses received for the month.   [PL 2019, c. 587, §12 (RPR); PL 2019, c. 587, §18 (AFF).]

1.  Monthly session reports.  During the period in which the Legislature is in session, a registered lobbyist shall file with the commission, no later than 11:59 p.m. on the 15th calendar day of each month, a report concerning the lobbyist's activities for the previous month regarding each employer.  

The monthly report must contain the following information:  

A. The month to which the report pertains;   [PL 1979, c. 632, §2 (RPR).]

B. The name and address of the lobbyist and employer;   [PL 1979, c. 632, §2 (RPR).]

C. The names of the individuals who lobbied during the month;   [PL 1979, c. 632, §2 (RPR).]

D. The total amount of compensation the lobbyist and lobbyist associates received or expect to receive for lobbying during the month. The amount of compensation for lobbying officials in the legislative branch, officials in the executive branch and constitutional officers must be reported separately.  

In the case of a lobbyist or lobbyist associate who is a regular employee of the employer, the amount of compensation must be computed by multiplying the number of hours devoted to the preparation of documents and research for the primary purpose of influencing legislative action and to lobbying by the employee's regular rate of pay based on a 40-hour week;   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

E. The total amount of expenditures made or incurred by the lobbyist and lobbyist associates during the month for purposes of lobbying for which they have been or expect to be reimbursed. The amount of expenditures for lobbying officials in the legislative branch, officials in the executive branch and constitutional officers must be reported separately;   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

E-1. When expenditures made or incurred for the purposes of grassroots lobbying exceed $2,000 during the month that is the subject of the report, the specific dollar amount of expenditures for grassroots lobbying made or incurred during the month by a lobbyist, lobbyist associate or employer, with separate totals for expenditure categories as determined by the commission, and the legislative actions that are the subject of the grassroots lobbying. Salaries paid to the employer's regular employees are not expenditures for the purposes of this paragraph and are exempt from disclosure under this paragraph;   [PL 2019, c. 599, §3 (AMD); PL 2019, c. 599, §5 (AFF).]

F. The total amount of expenditures by the lobbyist and lobbyist associates on behalf of the employer for which they have been or expect to be reimbursed and by the employer directly to or on behalf of one or more covered officials, including members of the official's immediate family;   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

G. For each expenditure of $25 or more reported under paragraph F, the person making the expenditure and the date, amount and purpose of the expenditure and the name of the covered official or official's immediate family member on whose behalf the expenditure was made;   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

G-1. If the total cost for covered officials and the officials' immediate family members to attend an event paid for by the employer or by the lobbyist, lobbyist associate or lobbying firm on the employer's behalf is $250 or more, the date and a description of the event, a list of the names of covered officials and the officials' immediate family members in attendance and the total cost for the covered officials and the officials' immediate family members to attend the event;   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

H. A list of each legislative action by Legislative Document number, specific issue, nomination or other matter in connection with which the lobbyist is engaged in lobbying;   [PL 2007, c. 630, §14 (AMD).]

I. A list specifically identifying each legislative action for which the lobbyist and lobbyist associates were compensated or expect to be compensated, or expended in excess of $1,000 for lobbying related to those actions and a statement of the amounts compensated or expended for each; and   [PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF).]

J. A list of all of the employer's original sources and a statement of the dollar amounts contributed or paid by the original sources to the employer. If the original source is a corporation formed under Title 13 or 13-C or former Title 13‑A, nonprofit corporation formed under Title 13‑B or limited partnership under Title 31, the corporation, nonprofit organization or limited partnership, not the individual members or contributors, must be listed as the original source.   [PL 2009, c. 282, §5 (AMD).]

[PL 2019, c. 587, §13 (AMD); PL 2019, c. 587, §18 (AFF); PL 2019, c. 599, §3 (AMD); PL 2019, c. 599, §5 (AFF).]

1-A.  Lobbyist expenditure reports.  A lobbyist or lobbyist associate who makes an expenditure directly to or on behalf of a covered official or a member of the covered official's immediate family that is not reportable under subsection 1, paragraphs F, G or G‑1 shall file a report pursuant to this subsection. If such an expenditure is made by a lobbying firm, a lobbyist or lobbyist associate from that lobbying firm shall report the expenditure.  

A. A report under this subsection is required if:  

(1) The total amount of expenditures directly to or on behalf of covered officials and their immediate family members is more than $300 in a calendar month; and  

(2) The lobbyist or lobbyist associate has not been and does not expect to be reimbursed by any employer.   [PL 2019, c. 587, §14 (NEW); PL 2019, c. 587, §18 (AFF).]

B. The report must include:  

(1) The date of the expenditure;  

(2) The name and address of the lobbyist, lobbyist associate or lobbying firm;  

(3) The amount of the expenditure made or incurred by the lobbyist, lobbyist associate or lobbying firm either directly to or on behalf of a covered official or a covered official's immediate family member;  

(4) A description of the goods or services purchased by the lobbyist, lobbyist associate or lobbying firm;  

(5) The date and a description and location of an event paid for by the lobbyist, lobbyist associate or lobbying firm at which covered officials and the covered officials' immediate family members were in attendance; and  

(6) The names of all covered officials and their immediate family members to whom the expenditures were directly made or on whose behalf the expenditures were made or who attended an event paid for by the lobbyist, lobbyist associate or lobbying firm.   [PL 2019, c. 587, §14 (NEW); PL 2019, c. 587, §18 (AFF).]

C. A report under this subsection is due no later than 11:59 p.m. on the 15th calendar day of the month following the month in which the expenditure was made or incurred.   [PL 2019, c. 587, §14 (NEW); PL 2019, c. 587, §18 (AFF).]

[PL 2019, c. 587, §14 (NEW); PL 2019, c. 587, §18 (AFF).]

2.  Annual report. 

[PL 2011, c. 179, §5 (RP).]

2-A.  Electronic filing.  Beginning January 1, 2006, a lobbyist shall file monthly session reports under subsection 1 through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a lobbyist submits a written request that states that the lobbyist lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted at least 10 days prior to the deadline for the first report that the lobbyist is required to file for the lobbying year. The commission shall grant all reasonable requests for exceptions.  

[PL 2011, c. 179, §6 (AMD).]

3.  Facsimile copies.  The commission may, by rules adopted pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, establish procedures and fees by which facsimile copies of duly executed reports required by this section may be received and filed with the commission.  

[PL 1993, c. 446, Pt. B, §10 (AMD).]

4.  Monthly nonsession reports.  When the Legislature is not in regular session, every registered lobbyist must either file:  

A. With the lobbyist's last monthly report for that regular session a statement that the lobbyist and lobbyist associate will not engage in lobbying when the Legislature is not in session. The lobbyist is required to file a monthly report for lobbying conducted during a special session; or   [PL 2019, c. 587, §15 (AMD); PL 2019, c. 587, §18 (AFF).]

B. If the lobbyist or lobbyist associate is engaged in lobbying, if the lobbyist, lobbyist associate or employer conducts grassroots lobbying or if the employer makes any expenditures directly to or on behalf of a covered official or a covered official's immediate family member in any of those months, a monthly report in the manner prescribed in subsection 1 even if compensation or reimbursement for expenses has not been received for the month.   [PL 2021, c. 293, Pt. C, §2 (AMD).]

If the lobbyist did not expect to be engaged in lobbying when the Legislature was not in session, the commission may waive the requirement for the months between the end of the session and the renewal of lobbying.  

[PL 2021, c. 293, Pt. C, §2 (AMD).]

SECTION HISTORY

PL 1975, c. 576 (NEW). PL 1975, c. 621, §2 (RP). PL 1975, c. 724 (REEN). PL 1979, c. 108, §§2,3 (AMD). PL 1979, c. 632, §2 (RPR). PL 1985, c. 737, §A8 (AMD). PL 1987, c. 816, §KK5 (AMD). PL 1987, c. 868, §1 (AMD). PL 1989, c. 732, §1 (AMD). RR 1993, c. 2, §1 (COR). PL 1993, c. 446, §§A14,B7-10 (AMD). PL 1993, c. 446, §A20 (AFF). PL 1993, c. 691, §§18-21 (AMD). RR 2001, c. 2, §B1 (COR). RR 2001, c. 2, §B58 (AFF). PL 2001, c. 430, §6 (AMD). PL 2005, c. 301, §4 (AMD). PL 2007, c. 373, §§3-5 (AMD). PL 2007, c. 630, §§14, 15 (AMD). PL 2009, c. 282, §§4, 5 (AMD). PL 2011, c. 179, §§5, 6 (AMD). PL 2019, c. 587, §§12-16 (AMD). PL 2019, c. 587, §18 (AFF). PL 2019, c. 599, §3 (AMD). PL 2019, c. 599, §5 (AFF). PL 2021, c. 293, Pt. C, §2 (AMD).