Maine Legislature Passes Bills Expanding Reporting Requirements

Carlo Aguja, Esq. 
Manager, Research Services

The Maine Legislature adjourned sine die on March 17. The 129th Legislature was shortened by nearly a month in an effort to slow down the progress of COVID-19. Before adjournment, lawmakers passed and Gov. Janet Mills signed Legislative Document 1867 to increase lobbyist expenditure reporting and Legislative Document 1868 to expand grassroots lobbying disclosure. Both bills are effective December 1.

Lobbyist Expenditure Reporting (LD 1867)

Legislative Document 1867 requires lobbyists and lobbyist associates to file a separate report for expenditures totaling over $300 in a calendar month made to or on behalf of covered officials without reimbursement from an employer. The report must include the date of the expenditure; amount of expenditure; description of goods or services purchased; date, description, and location of an event paid for; and names of all covered officials and their immediate family whom the expenditures were directly made to or attended the event. The new lobbyist expenditure reports are due on the 15th day of the month following the month the expenditure was made or incurred. Currently, all expenditures made directly to covered officials or their family members are reported on the monthly session reports. The bill also expands the annual harassment training requirement to include lobbyist associates.

Grassroots Lobbying Rules (LD 1868)

Legislative Document 1868 seeks to improve the reporting of grassroots lobbying. An expanded definition of grassroots lobbying replaces the definition of indirect lobbying. Grassroots lobbying includes communicating with members of the general public to solicit them to communicate directly with any covered official for the purpose of influencing legislative action by broadcast, cable, or satellite transmission; print media; letter; email, website, or any other digital format; telephone; or any other method of communication similar in nature.

The reporting threshold for grassroots lobbying is lowered from $15,000 to $2,000. Any expenditure over the threshold must be reported on the lobbyist’s monthly session report. Any other person expending in excess of $2,000 must also file a grassroots lobbying report on the 15th day of the calendar month following the date the amount was exceeded. Reportable grassroots lobbying expenditures include payments of money made to independent contractors and other vendors to purchase goods and services such as advertising, graphic or website design, video or audio production services, telecommunications services, printing, and postage.

Michael Beckett, Esq.,
Associate Director, Research Services

AUSTIN, TEXAS: In response to the COVID-19 pandemic, Mayor Steve Adler signed an emergency order on March 17 suspending all deadlines imposed by city code, ordinance, rule, or other regulation until May 1. Under Section 7 of the order, the deadline for all lobbyist quarterly activity reports has been extended to May 1. No late fees will be accrued for failure to file prior to May 1. 

ILLINOIS: The Office of the Secretary of State has closed through March 31 due to the COVID-19 outbreak. Online access will remain available to all lobbyists and authorized agents. Statutorily required deadlines, including lobbying semimonthly reports, are extended for 30 days. The office indicates this status may be updated as operations are reviewed.

NEW JERSEY: On March 11, the United States District Court for the District of New Jersey permanently enjoined the state from enforcing Senate Bill 150. The bill was signed by the governor last June and was scheduled to take effect on October 15, 2019. The dark money bill required independent expenditure committees to report contributions in excess of $10,000 and expenditures in excess of $3,000 to the Election Law Enforcement Commission. The order does not prevent the Legislature from revisiting the issue with new legislation.

NEW YORK: The New York State Joint Commission on Public Ethics announced an extension for the submission of bimonthly lobbyist activity reports covering the January to February reporting period until Tuesday, March 31, due to ongoing COVID-19 concerns. Effective immediately, JCOPE also suspended hand-delivery of paper filings to their Albany office until March 31. The New York City Clerk’s Office has likewise extended the deadline for city lobbying reports to March 31.

WYOMING: The 2020 budget session of the Wyoming Legislature adjourned sine die on March 13 after 24 days in session. The session lasted an extra four days this year because of a decision made by lawmakers last year. During the session, legislators passed a bill expanding limitations on campaign contributions. Senate File 20 expands limitations on campaign contributions from organizations to include a candidate's campaign committee or any political party or political action committee that directly coordinates with a candidate or a candidate's campaign committee. The bill becomes effective July 1, 2020.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking regarding lobbying laws, political contributions, and procurement lobbying.
 

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