Bill hits executive branch lobbyists

AUGUSTA – Maine is one of only 13 states that does not require lobbyists who seek to influence the executive branch of government to disclose their clients and their expenditures. Legislation to do that here, however, is under consideration in the final days of the session.

“We believe it is important that executive branch lobbying be disclosed,” said Leah Rush of the Center for Public Integrity, a Washington, D.C.,-based citizen’s advocacy group. “Congress and 37 states recognize the importance of disclosing lobbying of the executive branch. While Maine requires that if you lobby the Legislature, you have to register and report, there could be significant lobbying going on that is not disclosed to the public because executive branch lobbying is not required to report.”

The group coincidentally released an updated report on lobbying Wednesday and posted on its Web site lists of every state’s disclosure provisions – http://www.publicintegrity.org/iys/

The Maine House, in an 80 to 58 vote Wednesday, supported requiring executive branch disclosure and asked the Senate to join in a conference committee on the issue. The Senate rejected the original measure earlier this month 21 to 13.

“Never in my entire legislative career have I ever introduced a bill that was so heavily lobbied,” Rep. Marilyn Canavan, D-Waterville said. “But among constituents, never have I received so many positive comments about any measure I ever have introduced. It’s difficult to see how anybody that supports transparency in government can oppose this.”

Canavan introduced the legislation because she believes that a growing number of important decisions are being made by agencies such as the Board of Environmental Protection and that how much special interest groups spend to influence such agencies’ decisions should be made public.

Rep. Randy Hotham, R-Dixfield, argued the issue needs more study and suggested a panel set up by House Speaker John Richardson, D-Brunswick, and Senate President Beth Edmonds, D-Freeport, be used to study both legislative ethics and the lobbying disclosure issue.

“I have urged the lobbying community in this State House to get their act together,” he said. “I am very frustrated that we walk out in the hallways and find people without their name tags. This issue needs further deliberation before we move forward with a new law.”

Sen. Ken Gagnon, D-Waterville, co-chair of the Legal and Veterans Affairs committee that considered the bill, agrees with Hotham. He voted against the bill in committee and still opposes the measure.

“My concern is really logistical,” he said. “If we are going to go to that next level, I am concerned whether the Ethics Commission will have the resources and people to oversee this additional requirement.”

He said the measure is “very broad” and would require disclosure of lobbying department heads not just regulatory agencies.

In the latest Center for Public Integrity report, the total amount expended for lobbying Maine lawmakers was just over $3.5 million in 2004, a “short” session of the Legislature. In 2003, with a six month long session, reported lobbying costs were $4.6 million.

The center’s Rush said in other states that require disclosure of the executive branch as well as the Legislature, the lobbyists costs are “significant” and she sees no reason the same would not be true in Maine.

There are dozens of state agencies, boards and commissions that make rules and regulations that affect a wide range of state and local government policies. Often the Legislature will pass a law requiring a state agency to develop rules to implement the new law, and the same lobbyists who worked to influence the writing of the law also lobby the development of the rules to implement that law.

When it comes to requiring public disclosure of lobbying efforts, Maine is in the middle of the pack among the New England states. Rhode Island does not track lobbying of any kind, while Connecticut, Massachusetts, Vermont and New Hampshire track lobbying to varying degrees.

“Maine does do some things very well,” Rush said. “What information that is collected is very available to the public on a Web site. But, there are other areas where the state could strengthen its law.”

For example, a lobbyist does not have to itemize spending reports and the state’s Ethics Commission does not routinely audit reports. The Center for Public Integrity also recommends a “cooling off” period that would prevent Maine lawmakers from being able to leave office one day and become a lobbyist the next.

The Senate may consider the House’s request to have a conference committee on the legislation today.