Gift Made with Intent to Influence

§ 1014. Violations of Legislative Ethics

  1. Situations involving conflict of interest. . . . A conflict of interest includes:

. . .

  1. When a Legislator or a member of the Legislator’s immediate family accepts gifts, other than campaign contributions duly recorded as required by law, from persons affected by legislation or who have an interest in an entity affected by proposed legislation and the Legislator knows or reasonably should know that the purpose of the donor in making the gift is to influence the Legislator in the performance of the Legislator’s official duties or vote or is intended as a reward for action on the Legislator’s part.

Me. Rev. Stat. tit. 1, § 1014(1)(B).

§ 605. Improper Gifts to Public Servants

  1. A person is guilty of improper gifts to public servants if:
    1. Being a public servant that person solicits, accepts or agrees to accept any pecuniary benefit from a person if the public servant knows or reasonably should know that the purpose of the donor in making the gift is to influence the public servant in the performance of the public servant’s official duties or vote, or is intended as a reward for action on the part of the public servant; or
    2. He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph A.
  2. Improper gifts to public servants is a Class E crime.

Me. Rev. Stat. tit. 17-A, § 605.

Extra Compensation for Official Duties

§ 1014. Violations of Legislative Ethics

  1. Situations involving conflict of interest. . . . A conflict of interest includes:

. . .

  1. Receiving compensation or reimbursement not authorized by law for services, advice or assistance as a Legislator.

Me. Rev. Stat. tit. 1, § 1014(1)(C).

§ 604. Improper Compensation for Past Action

  1. A person is guilty of improper compensation for past action if:
    1. Being a public servant, he solicits, accepts or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised his discretion, or for having violated his duty; or
    2. He promises, offers or gives any pecuniary benefit, acceptance of which would be a violation of paragraph A.
  2. Improper compensation for past action is a Class D crime.

Me. Rev. Stat. tit. 17-A, § 604.

§ 606. Improper Compensation for Services

  1. A person is guilty of improper compensation for services if:
    1. Being a public servant, he solicits, accepts or agrees to accept any pecuniary benefit in return for advice or other assistance in preparing or promoting a bill, contract, claim or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise; or
    2. He gives, offers or promises any pecuniary benefit, knowing that it is prohibited by paragraph A.
  2. Improper compensation for services is a Class E crime.

Me. Rev. Stat. tit. 17-A, § 606.

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”

Gift from Lobbyist or Regulated Entity

No current state statute or regulation falls under the category of “Gift from Lobbyist or Regulated Entity.”

Definitions and Exceptions

Gift Defined and Definition Exceptions

Gift. “Gift” means anything of value, including forgiveness of an obligation or debt, given to a person without that person providing equal or greater consideration to the giver. “Gift” does not include:

  1. Gifts received from a single source during the reporting period with an aggregate value of $300 or less;
  2. A bequest or other form of inheritance;
  3. A gift received from a relative or from an individual on the basis of a personal friendship as long as that individual is not a registered lobbyist or lobbyist associate under Title 3, section 313, unless the Legislator has reason to believe that the gift was provided because of the Legislator’s official position and not because of a personal friendship;
  4. A subscription to a newspaper, news magazine or other news publication;
  5. Legal services provided in a matter of legislative ethics;
  6. A meal, if the meal is a prayer breakfast or a meal served during a meeting to establish a prayer breakfast; or
  7. A meal, if the meal is provided by industry or special interest organizations as part of the informational program presented to a group of public servants.

Me. Rev. Stat. tit. 1, § 1012(4).

Notes/Resources

Resource(s)

Maine Ethics Commission- Advice to Legislators: Accepting Travel Expenses and Other Gifts

Guidelines on Acceptance of Gifts (Updated 2014)

 

Learn more about state gift laws