LOBBYIST DISCLOSURE

Scores of lobbyists regularly work in Augusta and can provide significant information and assistance to the Legislature. However, lobbyists can also use their skills of analysis and counsel to advocate one particular viewpoint in a very concentrated way.

The Lobbyist Disclosure Procedures Act (3 MRSA c. 15), enacted in 1975, recognizes the legitimacy of lobbying activities and establishes registration and reporting requirements to ensure those activities are carried out openly. The law requires lobbyists and their employees to register and to file annual reports with the Secretary of State. In addition, each lobbyist must file a monthly report during the legislative session showing for whom the lobbyist worked, what issues he or she lobbied for, how much compensation the lobbyist received for lobbying and how much money was spent for lobbying activities.

Failure to register or to file a report could subject the lobbyist to a $100 fine or suspension of the right to lobby.

As defined in the Act, “lobbying” means communicating directly with any official in the legislative branch for the purpose of influencing legislative action, when reimbursement is paid. Legislative action is virtually any aspect of the legislative process—drafting, amending or defeating a bill, report or nomination—and includes approving or vetoing legislation by the Governor. A lobbyist is any person who is specifically employed by another person to lobby and who engages in lobbying. "Lobbyist" also means any person in the regular employment of another who spends more than eight hours in any calendar month lobbying. In general, employees of state agencies are not included from the definition of lobbyist.

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