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Maine Revised Statutes Title 3. Legislature § 318-B. Former executive branch or legislative branch employee lobbying prohibited

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Classified service” has the same meaning as in Title 5, section 7032, subsection 3.

B. “Compensated lobbying” means lobbying conducted by an individual who is specifically employed by another person other than the State or an agency of the State for that purpose or lobbying conducted by an individual as a regular employee of another person other than the State or an agency of the State. “Compensated lobbying” does not include activities for which the individual receives no compensation 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 paragraph, “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.

<Text of subsec. 1C effective until January 1, 2026.>

C. “Employee from the executive branch in the unclassified service” has the same meaning as in Title 5, section 7032, subsection 6-A.

<Text of subsec. 1C effective January 1, 2026.>

C. “Former employee from the executive branch or legislative branch” means:

(1) An employee who was employed in the executive branch of this State:

(a) In the unclassified service, as defined in Title 5, section 7032, subsection 6-A;

(b) In the classified service;

(c) In a position for which the salary is subject to adjustment by the Governor under Title 2, section 6; or

(d) In a major policy-influencing position under Title 5, chapter 71; and

(2) An employee who was employed in the Legislature, including a partisan legislative employee, nonpartisan legislative employee, committee clerk or employee of the Office of the Secretary of the Senate or the Clerk of the House.

D. “Lobbying” has the same meaning as in section 312-A, subsection 9.

<Text of subsec. 2 effective until January 1, 2026.>

2. Lobbying prohibited. Beginning December 4, 2024, a former officer or employee in the classified service or a former employee from the executive branch in the unclassified service of this State or a person who was 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 may not engage in compensated lobbying until one year after the termination of the employee's executive branch employment.

<Text of subsec. 2 effective January 1, 2026.>

2. Lobbying prohibited. Beginning January 1, 2026, a former officer or former employee from the executive branch or legislative branch may not engage in compensated lobbying until one year after the termination of the employee's executive branch or legislative branch employment.

3. 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 person 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.

4. 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.

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Cite this article: FindLaw.com - Maine Revised Statutes Title 3. Legislature § 318-B. Former executive branch or legislative branch employee lobbying prohibited - last updated January 01, 2025 | https://codes.findlaw.com/me/title-3-legislature/me-rev-st-tit-3-sect-318-b/

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