Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                  JUNE 17, 2021                  276
                                                                 BY GOVERNOR               PUBLIC LAW
                                  STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                           _____
                                  S.P. 514 - L.D. 1621
 An Act To Reform Payments to Legislators by Political Action Committees
                   and Ballot Question Committees
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 21-A MRSA §1054-B, as amended by PL 2019, c. 21, §1 and c. 563, §9, is
repealed and the following enacted in its place:
§1054-B. Payments to Legislators by political action committees and ballot question
       committees
     1. Payments to Legislators. If a Legislator is a principal officer or treasurer of a
political action committee or a ballot question committee or is one of the individuals
primarily responsible for raising contributions or making decisions for a political action
committee or a ballot question committee, the committee is subject to the following
restrictions regarding payments to that Legislator.
    A. Except as provided in paragraphs B and C, the committee may not compensate the
    Legislator for services provided to the committee.
    B. The committee may pay for or reimburse the Legislator for travel expenses incurred
    in the proper performance of the Legislator's legislative duties and in volunteering for
    the committee. If the Legislator uses the Legislator's vehicle when conducting the
    activities described in this paragraph, the committee may pay the Legislator mileage
    reimbursement at a rate established by the commission by rule but may not pay for or
    reimburse the Legislator for the direct costs of repairing or maintaining the Legislator's
    vehicle.
    C. The committee may pay for or reimburse the Legislator for other expenses incurred
    in the proper performance of the Legislator's legislative duties and for purchases made
    by the Legislator on behalf of the committee.
    D. Notwithstanding any other provision of this section, the committee may not pay for
    or reimburse the Legislator for any expenses that have been or will be paid for or
    reimbursed by the Legislature or any other source of payment or reimbursement.
                                    Page 1 - 130LR0742(03)
    E. The committee may not make any payments for or reimburse the Legislator for any
    expenses that are determined by the commission to be for the purpose of personal
    financial enrichment of the Legislator.
     2. Payments to immediate family members and businesses. If a Legislator is a
principal officer or treasurer of a political action committee or a ballot question committee
or is one of the individuals primarily responsible for raising contributions or making
decisions for a political action committee or a ballot question committee, the committee is
subject to the following restrictions regarding payments to an immediate family member
of the Legislator or a business owned or operated by the Legislator or an immediate family
member of the Legislator.
    A. The committee may not compensate an immediate family member of the Legislator
    for services provided to the committee.
    B. The committee may not make payments to or distribute, loan, advance, deposit or
    give money or anything of value to or compensate a business owned or operated by the
    Legislator or an immediate family member of the Legislator.
    C. The committee may not make any payments for or reimburse the immediate family
    member of a Legislator for any expenses that are determined by the commission to be
    for the purpose of personal financial enrichment of the immediate family member of
    the Legislator.
    3. Commingling of funds. If a Legislator is a principal officer or treasurer of a
political action committee or a ballot question committee or is one of the individuals
primarily responsible for raising contributions or making decisions for a political action
committee or a ballot question committee, the committee's funds may not be commingled
with the personal funds of the Legislator or the funds of a business owned or operated by
the Legislator or any other person.
    4. Penalties. A political action committee or ballot question committee that violates
subsection 1, 2 or 3 commits a civil violation for which a fine of not more than $500 or the
amount of the impermissible payment or reimbursement, whichever is greater, may be
imposed by the commission according to the procedures set forth in section 1004-A. A
Legislator who accepts a payment or reimbursement from a committee that is prohibited
by subsection 1 or who violates subsection 3 commits a civil violation for which a fine of
not more than $500 or the amount of the impermissible payment or reimbursement,
whichever is greater, may be imposed by the commission according to the procedures set
forth in section 1004-A.
    5. Rules. The commission may adopt rules as necessary to implement this section,
including rules establishing mileage reimbursement rates, record-keeping requirements and
reporting requirements and rules related to reimbursable travel expenses. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
                                   Page 2 - 130LR0742(03)
Statutes affected: 
Bill Text LD 1621, SP 514: 21-A.1054
Bill Text ACTPUB , Chapter 276: 21-A.1054