Legal Definitions Regarding Lobbying
(Title 3 M.R.S.A. Section 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.
"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.
"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.
"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 broadcast, cable or satellite transmission;
- A communication delivered by print media; or
- 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.
"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.
"Legislative designee" means 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.
"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.
"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 associate" means an individual who:
- 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;
- Lobbies on behalf of the employer named on the lobbyist registration;
and
- Expends more than 8 hours in any calendar month lobbying on behalf
of an employer of the lobbyist.
"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.
"Official in the Legislative Branch" means a member, member-elect,
candidate for or officer of the Legislature or an employee of the Legislature.
"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 non-profit, or any municipality or quasi-municipality
or group of persons acting in concert, but does not include this State
or any agency of this State.
