Maine Revised Statutes Title 3 Sec. 312-A – Definitions
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As used in this chapter, unless the context otherwise indicates, the following words have the following meanings. [PL 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.
[PL 1993, c. 446, Pt. A, §1 (AMD); PL 1993, c. 446, Pt. A, §20 (AFF).]
Terms Used In Maine Revised Statutes Title 3 Sec. 312-A
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anything of value: means , but is not limited to:
A. See Maine Revised Statutes Title 3 Sec. 312-ACampaign contribution: is a contribution, as defined in Title 21?A, section 1012, subsection 2. See Maine Revised Statutes Title 3 Sec. 312-A 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. See Maine Revised Statutes Title 3 Sec. 312-A 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 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. See Maine Revised Statutes Title 3 Sec. 312-A Communicate: means the act of expressing, imparting or conveying information or impressions from one person to another, by either oral or written means. 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 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. 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. See Maine Revised Statutes Title 3 Sec. 312-A Dependent: A person dependent for support upon another. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 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 Expenditure: means anything of value or any contract, promise or agreement to transfer anything of value, whether or not legally enforceable. See Maine Revised Statutes Title 3 Sec. 312-A Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Grassroots 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. See Maine Revised Statutes Title 3 Sec. 312-AImmediate family: means a person's spouse or domestic partner and dependent children. See Maine Revised Statutes Title 3 Sec. 312-A 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 the official's official capacity, or action of the Governor in approving or vetoing any legislative document presented to the Governor for the Governor's approval. See Maine Revised Statutes Title 3 Sec. 312-A Legislative designee: means any employee of a state department or agency who is designated by the head of the department or agency as the primary employee to lobby on behalf of the department or agency or who is reasonably expected to lobby on behalf of the department or agency for more than 10 hours during a legislative session. See Maine Revised Statutes Title 3 Sec. 312-A Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). 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 Lobbying firm: means a partnership, corporation, limited liability company or unincorporated association that employs or contracts with more than one lobbyist or lobbyist associate and that receives or is entitled to receive compensation for engaging in lobbying either directly or through its employees. See Maine Revised Statutes Title 3 Sec. 312-A 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. See Maine Revised Statutes Title 3 Sec. 312-A Lobbyist associate: means an individual who:
A. See Maine Revised Statutes Title 3 Sec. 312-Amajor 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 Media outlet: means a radio or television station, a cable television system, newspapers, magazines and other published written materials. See Maine Revised Statutes Title 3 Sec. 312-A Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. 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. See Maine Revised Statutes Title 3 Sec. 312-A Official in the Legislative Branch: means a member, member-elect, candidate for or officer of the Legislature or an employee of the Legislature. See Maine Revised Statutes Title 3 Sec. 312-A Original source: means any person who pays $1,000 or more in any lobbying year directly or indirectly to any employer of a lobbyist for purposes of lobbying or grassroots lobbying or to any other person for purposes of grassroots lobbying, except that payments of membership dues to nonprofit corporations formed under Title 13?B, under any equivalent state law or by legislative enactment are not considered payments by an original source. See Maine Revised Statutes Title 3 Sec. 312-A Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Political Action Committee: includes :
A. See Maine Revised Statutes Title 3 Sec. 312-AReal property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reimbursement: means anything of value received or to be received as repayment for expenditures. See Maine Revised Statutes Title 3 Sec. 312-A Solicit: means to entreat, implore, urge or ask. See Maine Revised Statutes Title 3 Sec. 312-A 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. See Maine Revised Statutes Title 3 Sec. 312-A Testimony: Evidence presented orally by witnesses during trials or before grand juries. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Year: means a 12-month period starting December 1st and ending the following November 30th. See Maine Revised Statutes Title 3 Sec. 312-A
1-A. Campaign contribution. “Campaign contribution” is a contribution, as defined in Title 21?A, section 1012, subsection 2.
[PL 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.
[PL 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.
[PL 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.
[PL 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.
[PL 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.
[PL 2007, c. 630, §1 (NEW).]
4-B. Domestic partner.
[PL 2021, c. 567, §3 (RP).]
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.
[PL 1983, c. 160, §1 (NEW).]
6. Employment. “Employment” means an agreement to provide services in exchange for compensation or reimbursement of expenditures.
[PL 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. [PL 1993, c. 691, §4 (RP).]
B. [PL 2007, c. 630, §3 (RP).]
C. [PL 2007, c. 630, §3 (RP).]
[PL 2007, c. 630, §3 (AMD).]
7-A. Immediate family. “Immediate family” means a person’s spouse or domestic partner and dependent children.
[PL 2007, c. 630, §4 (AMD).]
7-B. Grassroots lobbying. “Grassroots 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; [PL 2009, c. 282, §1 (NEW).]
B. A communication delivered by print media; [PL 2019, c. 599, §1 (AMD); PL 2019, c. 599, §5 (AFF).]
C. A letter or other written communication delivered by mail or by comparable delivery service; [PL 2019, c. 599, §1 (AMD); PL 2019, c. 599, §5 (AFF).]
D. A communication delivered by e-mail, a website or any other digital format; [PL 2019, c. 599, §1 (NEW); PL 2019, c. 599, §5 (AFF).]
E. Telephone; or [PL 2019, c. 599, §1 (NEW); PL 2019, c. 599, §5 (AFF).]
F. A method of communication similar to those listed in paragraphs A to E. [PL 2019, c. 599, §1 (NEW); PL 2019, c. 599, §5 (AFF).]
“Grassroots lobbying” does not include a person communicating with the person’s stockholders, employees, board members, officers or dues-paying members.
[PL 2019, c. 599, §1 (AMD); PL 2019, c. 599, §5 (AFF).]
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 the official’s official capacity, or action of the Governor in approving or vetoing any legislative document presented to the Governor for the Governor’s approval.
[PL 2019, c. 475, §25 (AMD).]
8-A. Legislative designee. “Legislative designee” means any employee of a state department or agency who is designated by the head of the department or agency as the primary employee to lobby on behalf of the department or agency or who is reasonably expected to lobby on behalf of the department or agency for more than 10 hours during a legislative session.
[PL 2019, c. 587, §3 (AMD); PL 2019, c. 587, §18 (AFF).]
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.
[PL 2007, c. 630, §6 (AMD).]
9-A. Lobbying firm. “Lobbying firm” means a partnership, corporation, limited liability company or unincorporated association that employs or contracts with more than one lobbyist or lobbyist associate and that receives or is entitled to receive compensation for engaging in lobbying either directly or through its employees.
[PL 2019, c. 587, §4 (NEW); PL 2019, c. 587, §18 (AFF).]
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.
[PL 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; [PL 1993, c. 691, §6 (NEW).]
B. Lobbies on behalf of the employer named on the lobbyist registration; and [PL 1993, c. 691, §6 (NEW).]
C. Expends more than 8 hours in any calendar month lobbying on behalf of an employer of the lobbyist. [PL 1993, c. 691, §6 (NEW).]
[PL 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.
[PL 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.
[PL 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.
[PL 1983, c. 160, §1 (NEW).]
11-A. Original source. “Original source” means any person who pays $1,000 or more in any lobbying year directly or indirectly to any employer of a lobbyist for purposes of lobbying or grassroots lobbying or to any other person for purposes of grassroots lobbying, except that payments of membership dues to nonprofit corporations formed under Title 13?B, under any equivalent state law or by legislative enactment are not considered payments by an original source.
[PL 2021, c. 293, Pt. B, §1 (RPR); PL 2021, c. 293, Pt. C, §1 (RPR).]
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.
[PL 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 [PL 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. [PL 1983, c. 160, §1 (NEW).]
[PL 1983, c. 160, §1 (NEW).]
14. Reimbursement. “Reimbursement” means anything of value received or to be received as repayment for expenditures.
[PL 1993, c. 446, Pt. A, §9 (AMD).]
14-A. Solicit. “Solicit” means to entreat, implore, urge or ask.
[PL 2009, c. 282, §3 (NEW).]
15. Year. “Year” means a 12-month period starting December 1st and ending the following November 30th.
[PL 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; [PL 1993, c. 446, Pt. A, §10 (NEW); PL 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; [PL 1993, c. 446, Pt. A, §10 (NEW); PL 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 [PL 1993, c. 446, Pt. A, §10 (NEW); PL 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. [PL 1993, c. 446, Pt. A, §10 (NEW); PL 1993, c. 446, Pt. A, §20 (AFF).]
[PL 1993, c. 446, Pt. A, §10 (NEW); PL 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.
[PL 1993, c. 691, §9 (NEW).]
SECTION HISTORY
PL 1983, c. 160, §2 (NEW). PL 1985, c. 779, §4 (AMD). PL 1987, c. 816, §KK4 (AMD). PL 1987, c. 868, §2 (AMD). PL 1993, c. 446, §§A1-10,B1,2 (AMD). PL 1993, c. 446, §A20 (AFF). PL 1993, c. 691, §§4-9 (AMD). PL 2007, c. 373, §§1, 2 (AMD). PL 2007, c. 630, §§1-8 (AMD). PL 2009, c. 234, §1 (AMD). PL 2009, c. 282, §§1-3 (AMD). PL 2019, c. 475, §25 (AMD). PL 2019, c. 587, §§3-5 (AMD). PL 2019, c. 587, §18 (AFF). PL 2019, c. 599, §§1, 2 (AMD). PL 2019, c. 599, §5 (AFF). PL 2021, c. 293, Pt. B, §1 (AMD). PL 2021, c. 293, Pt. C, §1 (AMD). PL 2021, c. 567, §3 (AMD).