Maine Statute | Act | Code |Title 05. Administrative Procedures And Services| US Code - US Statute | Chapter 01. State Officers And Employees Generally (heading. Pl 1985, C. 378, @1 (rpr))

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 01. STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING. PL 1985, c. 378, @1 (rpr))

Title 5 - §1. Appointment of temporary officials; removal; salary
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§1. Appointment of temporary officials; removal; salary

In order to provide for the uninterrupted and orderly functioning of any agency, board, commission or department of the State Government during a vacancy in the office of the appointive or elective head thereof and whenever there is no state official, deputy, assistant or other state employee duly authorized by law to exercise the powers and perform the duties of such appointive or elective head during such vacancy, the Governor is empowered to appoint a temporary deputy commissioner to exercise the powers and perform the duties of the appointive or elective head of such office during such vacancy. The term of office of such temporary deputy commissioner so appointed shall be at the pleasure of the Governor and shall not extend beyond the date of qualification of a successor to the office of appointive or elective head of such agency, board, commission or department or 60 days from the date of his appointment, whichever shall first occur. The term of office of such a temporary deputy commissioner so appointed to an office to which appointments are by law subject to confirmation by the Legislature shall be at the pleasure of the Governor and shall not extend beyond the date of qualification of a successor appointed to such office or 6 months from the date of appointment, whichever shall first occur. Such temporary deputy commissioner shall not be eligible for reappointment. Such temporary deputy commissioner shall be appointed from the personnel of the agency, board, commission or department in which such vacancy occurs. [1975, c. 771, § 23 (amd).] div>
During the term of such appointment, the temporary deputy commissioner shall be paid a salary to be determined by the Governor but not to exceed that received by the appointive or elective head at the termination of his services with the State Government. div>
In the event an employee in the classified service of the State Government is appointed as a temporary deputy commissioner he shall, during the term of his appointment as temporary deputy commissioner, retain all of the rights and all of the retirement benefits to which he may be entitled as a classified employee of the State Government.

Section History:
PL 1975,
Ch. 771,
§23 (AMD).
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7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §10. Payment of wages

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§10. Payment of wages

All state officers and employees, except temporary and seasonal employees, shall be paid their salaries or wages biweekly, the dates of payment to be determined by the State Controller. Any state officer, whose salary is established at an annual rate, shall receive biweekly a sum which will, in the year's aggregate, most nearly equal the annual rate. Payment may be made once in each calendar month to such state officers and employees as consent to such time of payment. Temporary and seasonal employees of the State shall be paid at such times as the State Controller shall specify. [1981, c. 470, Pt. A, § 6 (amd).]

Section History:
P&SL 1975,
Ch. 147,
§C6 (AMD).
PL 1975,
Ch. 147,
§C6 (AMD).
PL 1981,
Ch. 470,
§A6 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §11. Certification of payrolls

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§11. Certification of payrolls

No fiscal officer of the State may draw, sign or issue, or authorize the drawing, signing or issuing, of any warrant or check upon the Treasurer of State or other disbursing officer of the State for the payment of a salary or other compensation for personal services, nor may the Treasurer of State or other disbursing officer of the State pay any salary or other compensation for personal services in the Executive or Legislative Departments, unless a payroll or account for such salary or other compensation, containing the names of all persons to be paid and the amounts to be paid them, has been certified by the Director of Human Resources or a person designated by him. In the case of all unclassified employees, certification shall be by their appointing authority. [1985, c. 785, Pt. B, §7 (amd).] div>
Any payment made in violation of the compensation plan or the rules pertaining thereto or made to a person appointed or established in a position in a manner contrary to chapters 56, 65, 67, 71 and 372 may be recovered from the appointing authority, the Director of Human Resources or any officer or person making such payment, whoever is culpable, or from the sureties on the official bond of such officer or person. Action for recovery may be maintained by the State Civil Service Appeals Board or any member thereof, any officer or employee of the state service or any citizen of the State. All money recovered under this section must be paid into the State Treasury and credited to the General Fund. [RR 2001, c. 2, Pt. A, §3 (cor).]

Section History:
PL 1973,
Ch. 375,
§ (AMD).
PL 1975,
Ch. 766,
§4 (AMD).
PL 1979,
Ch. 127,
§17 (AMD).
PL 1979,
Ch. 138,
§ (AMD).
PL 1979,
Ch. 541,
§A18 (AMD).
PL 1985,
Ch. 785,
§B7 (AMD).
PL 1991,
Ch. 824,
§A3 (AMD).
RR 2001,
Ch. 2,
§A3 (COR).
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7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §12. Longevity pay for certain department officers (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§12. Longevity pay for certain department officers (REPEALED)

Section History:
PL 1965,
Ch. 483,
§ (NEW).
PL 1979,
Ch. 127,
§18 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 Title 5 - §13. Travel expenses of members of boards and commissions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§13. Travel expenses of members of boards and commissions

Notwithstanding any other provision of law or regulation, members of any board or commission who are authorized by law to receive travel expenses shall receive necessary expenses for travel only from their place of residence within the State to and from meetings of such board or commission and for any other travel only from their place of residence within the State to and from another location in connection with the official business of and under the specific authority of such board or commission. [1975, c. 290 (new).] p align="center">§13. Payroll deduction for Maine Warden Service Relief Association (REPEALED BY PL 1975, c. 771, §15)

Section History:
PL 1975,
Ch. 290,
§ (NEW).
PL 1975,
Ch. 623,
§3-I (NEW).
PL 1975,
Ch. 770,
§15 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §14. Participation in nonpartisan affairs (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§14. Participation in nonpartisan affairs (REPEALED)

Section History:
PL 1975,
Ch. 597,
§ (NEW).
PL 1997,
Ch. 498,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §15. Disqualification of former state employees and the former partners of present state employees from participation in certain matters (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§15. Disqualification of former state employees and the former partners of present state employees from participation in certain matters (REPEALED)

Section History:
PL 1975,
Ch. 539,
§ (NEW).
PL 1975,
Ch. 770,
§16-18 (AMD).
PL 1977,
Ch. 696,
§31,32 (AMD).
PL 1979,
Ch. 734,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §16. Vacation and sick leave accumulation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§16. Vacation and sick leave accumulation

1. Vacation time. Classified and unclassified state employees shall be permitted to accumulate at least the vacation time listed under the following schedule: Longevity of employee Rate of accumulation 0-5 years 1 day per month of employment 6-10 years 1 14 days per month of
div>
employment p align="center">11-15 years 1 12 days per month of div>
employment p align="center">16-20 years 1 34 days per month of div>
employment p align="center">20 years or more 2 days per month of employment p align="center">Classified and unclassified employees accumulating vacation time under this subsection shall be permitted to accumulate at least the number of vacation days set out under the following schedule: p align="center">Longevity of employee Number of Accumulated Days div>
Permitted at Any One Time p align="center">1-14 years 24 days p align="center">15 years or more 30 days [1975, P. & S.L., c. 147, E (new).]

1-A. Advancement of vacation time. A state employee who has vacation time credited in advance and who uses some or all of that advanced vacation time and subsequently leaves state service is responsible for reimbursing the State for the dollar value at that state employee's current wage for all advanced but unearned vacation time. A state employee who leaves state service may be paid only for vacation time earned and may not be paid for vacation time credited in advance. [1991, c. 9, Pt. E, Â§3 (new); Â§4 (aff).]

2. Sick leave. Classified and unclassified employees shall earn at least one day of sick leave per month of employment and shall be permitted to accumulate days of sick leave up to at least 90 days at any one time. [1975, P. & S.L., c. 147, E (new).]

3. Regulations. The Director of Human Resources shall, acting under section 631, prescribe or amend rules and regulations to assure that state personnel policy conforms to the minimums set out in this section. The minimum limits contained in this section shall not be construed to be maximum limits, and the Director of Human Resources may prescribe or amend rules permitting accumulation of vacation leave and sick leave beyond the limits set forth here for limited categories of state employees for state employees in special situations, or for all classified or unclassified state employees. [1985, c. 785, Pt. B, Â§ 8 (amd).] 05 Â§00016 Payroll deduction for Maine Warden Service Relief Association (REPEALED PL 1977, c. 78, Â§5)

Section History:
P&SL 1975,
Ch. 147,
§E (NEW).
PL 1975,
Ch. 770,
§19 (NEW).
PL 1977,
Ch. 78,
§5 (RP ).
PL 1981,
Ch. 28,
§1 (AMD).
PL 1985,
Ch. 785,
§B8 (AMD).
PL 1991,
Ch. 9,
§E3 (AMD).
PL 1991,
Ch. 9,
§E4 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §17. Payroll deduction for Maine Warden Service Relief Association

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§17. Payroll deduction for Maine Warden Service Relief Association

The Commissioner of Administrative and Financial Services is authorized to permit payroll deductions from the salaries of state employees for membership dues for the Maine Warden Service Relief Association and to transmit the funds so collected to the Maine Warden Service Relief Association under the appropriate departmental rules concerning payroll deductions. [1991, c. 780, Pt. Y, §7(amd).]

Section History:
PL 1977,
Ch. 78,
§6 (NEW).
PL 1985,
Ch. 785,
§A5 (AMD).
PL 1991,
Ch. 780,
§Y7 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §18-A. Conflict of interest; contract with the State

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§18-A. Conflict of interest; contract with the State

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "State entity" means any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State. [2001, c. 203, §2 (new).]

B. "Executive employee" has the same meaning as set forth in section 19, subsection 1, paragraph D except that "executive employee" includes employees of and members serving with the National Guard and employees of the University of Maine System, the Maine Maritime Academy and the state community colleges. [2001, c. 203, §2 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

[2001, c. 203, §2 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

2. Prohibition. An executive employee may not have any direct or indirect pecuniary interest in or receive or be eligible to receive, directly or indirectly, any benefit that may arise from any contract made on behalf of the State when the state entity that employs the executive employee is a party to the contract. [2001, c. 203, §2 (new).]

3. Violative contract void. Any contract made in violation of this section is void. [2001, c. 203, §2 (new).]

4. Exemptions. This section does not apply:

A. To purchases by the Governor under authority of Title 1, section 814; [2001, c. 203, §2 (new).]

B. To contracts made with a corporation that has issued shares to the public for the general benefit of that corporation; or [2001, c. 203, §2 (new).]

C. If an exemption is approved by the Director of the Bureau of General Services within the Department of Administrative and Financial Services or the director's designee based upon one of the following and if the director gives notice of the granting of this exemption to all parties bidding on the contract in question with a statement of the reason for the exemption and if an opportunity is provided for any party to appeal the granting of the exemption:

(1) When the private entity or party that proposes to contract with the State and that employs the executive employee, based upon all relevant facts, is the only reasonably available source to provide the service or product to the State, as determined by the director; or

(2) When the director determines that the amount of compensation to be paid to the private entity or party providing the service or product to the State is de minimis.
[2001, c. 203, §2 (new).]

[2001, c. 203, §2 (new).]

Section History:
PL 2001,
Ch. 203,
§2 (NEW).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §18. Disqualification of executive employees from participation in certain matters

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§18. Disqualification of executive employees from participation in certain matters

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Constitutional officers" means the Attorney General, Secretary of State and Treasurer of State. [1979, c. 734, §2 (new).]

B. "Executive employee" means the constitutional officers, the State Auditor, members of the state boards and commissions as defined in chapter 379 and compensated members of the classified or unclassified service employed by the Executive Branch, but it shall not include:

(1) The Governor;

(2) Employees of and members serving with the National Guard;

(3) Employees of the University of Maine System, the Maine Maritime Academy and state community colleges;

(4) Employees who are employees solely by their appointment to an advisory body;

(5) Members of boards listed in chapter 379, who are required by law to represent a specific interest, except as otherwise provided by law; and

(6) Members of advisory boards as listed in chapter 379.
[1989, c. 443, §5 (rpr); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

C. "Participate in his official capacity" means to take part in reaching a decision or recommendation in a proceeding that is within the authority of the position he holds. [1979, c. 734, §2 (new).]

D. "Proceeding" means a proceeding, application, request, ruling, determination, award, contract, claim, controversy, charge, accusation, arrest or other matter relating to governmental action or inaction. [1979, c. 734, §2 (new).]

E. "Participates in the legislative process" means to provide any information concerning pending legislation to a legislative committee, subcommittee or study or working group, whether orally or in writing. [1999, c. 242, §1 (new).]

[1999, c. 242, §1 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

2. Executive employee. An executive employee commits a civil violation if he personally and substantially participates in his official capacity in any proceeding in which, to his knowledge, any of the following have a direct and substantial financial interest:

A. Himself, his spouse or his dependent children; [1979, c. 734, §2 (new).]

B. His partners; [1979, c. 734, §2 (new).]

C. A person or organization with whom he is negotiating or has agreed to an arrangement concerning prospective employment; [1979, c. 734, §2 (new).]

D. An organization in which he has a direct and substantial financial interest; or [1979, c. 734, §2 (new).]

E. Any person with whom the executive employee has been associated as a partner or a fellow shareholder in a professional service corporation pursuant to Title 13, chapter 22-A, during the preceding year. [RR 2001, c. 2, Pt. C, §1 (cor); §7 (aff).]

[RR 2001, c. 2, Pt. C, §1 (cor); §7 (aff).]

2-A. Participation in legislative process. An executive employee commits a civil violation if the employee participates in the legislative process in the employee's official capacity concerning any legislation in which any person described in subsection 2, paragraphs A to E has any direct and substantial financial interest unless the employee discloses that interest at the time of the employee's participation. [1999, c. 242, §2 (new).]

3. Former executive employee. Former executive employees shall be subject to the provisions in this subsection with respect to proceedings in which the State is a party or has a direct and substantial interest.

A. No former executive employee may knowingly act as an agent or attorney for, or appear personally before, a state or quasi-state agency for anyone other than the State for a one-year period following termination of the employee's employment with the agency or quasi-state agency in connection with a proceeding in which the specific issue was pending before the executive employee's agency and was directly within the responsibilities of the employee during a period terminating at least 12 months prior to the termination of that employee's employment. [1987, c. 784, §2 (rpr).]

B. No former executive employee may knowingly act as an agent or attorney for, or appear personally before, a state or quasi-state agency for anyone other than the State at any time following termination of the employee's employment with the agency or quasi-state agency in connection with a proceeding in which the specific issue was pending before the executive employee's agency and was directly within the responsibilities of the executive employee during the 12-month period immediately preceding the termination of the employee's employment. [1987, c. 784, §2 (rpr).]

[1987, c. 784, §2 (rpr).]

4. Construction of section. This section may not be construed to prohibit former state employees from doing personal business with the State. This section shall not limit the application of any provisions of Title 17-A, chapter 25. [1979, c. 734, §2 (new).]

5. Penalty. A violation of this section is a civil violation for which a forfeiture of not more than $1,000 may be adjudged. [1979, c. 734, §2 (new).]

6. Application of more stringent statutory provisions. If other statutory conflict of interest provisions pertaining to any state agency, quasi-state agency or state board are more stringent than the provisions in this section, the more stringent provisions shall apply. [1987, c. 784, §3 (new).]

7. Avoidance of appearance of conflict of interest. Every executive employee shall endeavor to avoid the appearance of a conflict of interest by disclosure or by abstention. For the purposes of this subsection and subsection 8, "conflict of interest" includes receiving remuneration, other than reimbursement for reasonable travel expenses, for performing functions that a reasonable person would expect to perform as part of that person's official responsibility as an executive employee. [2001, c. 203, §1 (amd).]

8. Disclosure of conflict of interest. An executive employee shall disclose immediately to that employee's direct supervisor any conflict of interest within the meaning of this section. [1999, c. 242, §3 (new).]

Section History:
PL 1979,
Ch. 734,
§2 (NEW).
PL 1985,
Ch. 779,
§7 (AMD).
PL 1987,
Ch. 735,
§4 (AMD).
PL 1987,
Ch. 784,
§1-3 (AMD).
PL 1989,
Ch. 443,
§5 (AMD).
PL 1999,
Ch. 242,
§1-3 (AMD).
PL 2001,
Ch. 203,
§1 (AMD).
RR 2001,
Ch. 2,
§C1 (COR).
RR 2001,
Ch. 2,
§C7 (AFF).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §19-A. Protective equipment training for state employees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§19-A. Protective equipment training for state employees

If protective equipment, such as that issued to fire fighters in Title 26, section 2103, is issued or made available to any state employee, that employee must receive training in the use of the equipment before being required or asked to use it. Training must be provided on at least an annual basis and otherwise meet or exceed the requirements of the General Industry Standards of the Occupational Safety and Health Administration, 29 Code of Federal Regulations, Part 1910, Subpart L. [RR 1991, c. 2, §5 (cor).]

Section History:
PL 1989,
Ch. 606,
§ (NEW).
RR 1991,
Ch. 2,
§5 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §19-B. State employee participation in disaster relief

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§19-B. State employee participation in disaster relief

In order to participate in specialized disaster relief services for the American Red Cross, a state employee who is a certified disaster service volunteer of the American Red Cross, upon the request of the American Red Cross and with the approval of the employee's appointing authority, may: [1997, c. 600, §1 (new).]

1. Paid leave. Be granted a leave not to exceed 15 days in each year without loss of pay, vacation time, sick leave or earned overtime accumulation; [1997, c. 600, §1 (new).]

2. Use of compensated time off. Be granted a leave using that employee's compensated time off, with the consent of the employee; or [1997, c. 600, §1 (new).]

3. Combination. Be granted a leave using a combination of paid leave and compensated time off authorized in subsections 1 and 2. [1997, c. 600, §1 (new).]
div>
This section applies only to relief services related to a disaster declared by the governor of a state or territory or by the President of the United States. [1997, c. 600, §1 (new).]

Section History:
PL 1997,
Ch. 600,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §19. Financial disclosure by executive employees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§19. Financial disclosure by executive employees

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Appointed executive employee" means a compensated member of the classified or unclassified service employed by the Executive Branch, who is appointed by the Governor and confirmed by the Legislature, or who serves in a major policy-influencing position, except assistant attorneys general, as set forth in chapter 71. [1987, c. 784, Â§4 (amd).]

B. "Constitutional officers" means the Governor, Attorney General, Secretary of State and Treasurer of State. [1979, c. 734, Â§2 (new).]

C. "Elected executive employee" means the constitutional officers and the State Auditor. [1979, c. 734, Â§2 (new).]

D. "Executive employee" means an appointed executive employee or an elected executive employee. [1979, c. 734, Â§2 (new).]

E. "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; and

(3)A gift received from a relative.
[1989, c. 561, Â§13 (rpr).]

F. "Honorarium" means a payment of money or anything with a monetary resale value to a person for an appearance or a speech by the person. "Honorarium" does not include reimbursement for actual and necessary travel expenses for an appearance or speech. "Honorarium" does not include a payment for an appearance or a speech that is unrelated to the person's official capacity or duties. [1989, c. 561, Â§14 (new).]

G. "Immediate family" means a person's spouse or dependent children. [1989, c. 561, Â§14 (new).]

H. "Income" means economic gain to a person from any source, including, but not limited to, compensation for services, including fees, commissions and payments in-kind; income derived from business; gains derived from dealings in property, rents and royalties; income from investments including interest, capital gains and dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributive share of partnership income; income from an interest in an estate or trust; prizes; and grants, but does not include gifts. Income received in-kind includes, but is not limited to, the transfer of property and options to buy or lease and stock certificates. Income does not include alimony and separate maintenance payments. [1989, c. 561, Â§14 (new).]

I. "Relative" means an individual who is related to the executive employee or the executive employee's spouse as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister, and shall be deemed to include the fiance or fiancee of the executive employee. [1989, c. 561, Â§14 (new).]

I-1. "Reportable liabilities" means any unsecured loan, except a loan made as a campaign contribution recorded as required by law, of $3,000 or more received from a person not a relative. Reportable liabilities do not include:

(1) A credit card liability;

(2) An educational loan made or guaranteed by a governmental entity, educational institution or nonprofit organization; or

(3) A loan made from a state or federally regulated financial institution for business purposes.
[1991, c. 331, Â§2 (new).]

J. "Self-employed" means that the person qualifies as an independent contractor under Title 39-A, section 102, subsection 13. [1991, c. 885, Pt. E, Â§6 (amd); Â§47 (aff).]

[1991, c. 885, Pt. E, Â§6 (amd); Â§47 (aff).]

2. Statement of sources of income. Each executive employee shall annually file with the Secretary of State a sworn and notarized statement of finances for the preceding calendar year. The statement shall indicate:

A. If the executive employee is an employee of another person, firm, corporation, association or organization, the name and address of the employer and each other source of income of $1,000 or more; [1989, c. 561, Â§15 (rpr); c. 608, Â§3 (amd)]

B. If the executive employee is self-employed, the name and address of the executive employee's business and the name of each source of income derived from self-employment that represents more than 10% of the employee's gross income or $1,000, whichever is greater, provided that, if this form of disclosure is prohibited by statute, rule, or an established code of professional ethics, the employee shall specify the principal type of economic activity from which the income is derived. With respect to all other sources of income, a self-employed executive employee shall name each source of income of $1,000 or more. The employee shall also indicate major areas of economic activity and, if associated with a partnership, firm, professional association, or similar business entity, the major areas of economic activity of that entity; [1989, c. 561, Â§15 (rpr); c. 608, Â§3 (amd)]

C. The specific source of each gift received; [1989, c. 561, Â§15 (new).]

D. The type of economic activity representing each source of income of $1,000 or more that any member of the immediate family of the executive employee received; [1989, c. 561, Â§15 (new); c. 608, Â§3 (amd)]

E. The name of each source of honoraria that the executive employee accepted; [1989, c. 561, Â§15 (new).]

F. Each executive branch agency before which the executive employee or any immediate family member has represented or assisted others for compensation; and [1989, c. 561, Â§15 (new).]

G. Each executive branch agency to which the executive employee or the employee's immediate family has sold goods or services with a value in excess of $1,000. [1989, c. 561, Â§15 (new); c. 608, Â§3 (amd)]

In identifying the source of income, it shall be sufficient to identify the name and address and principal type of economic activity of the corporation, professional association, partnership, financial institution, nonprofit organization or other entity or person directly providing the income to the individual. With respect to income from a law practice, it shall be sufficient for attorneys-at-law to indicate their major areas of practice and, if associated with a law firm, the major areas of practice of the firm. [1989, c. 561, Â§15 (rpr); c. 608, Â§3 (amd)]

3. Time for filing.

A. An elected executive employee shall file an initial report within 30 days of his election. An appointed executive employee shall file an initial report prior to confirmation by the Legislature. [1979, c. 734, Â§2 (new).]

B. Each executive employee shall file the annual report prior to the close of the 2nd week in April, unless that employee has filed an initial or updating report during the preceding 30 days; except that, if an elected or appointed executive employee has already filed a report for the preceding calendar year pursuant to paragraph A, a report does not need to be filed. [2001, c. 75, Â§3 (amd).]

C. Each executive employee whose income substantially changes shall file a report of that change within 30 days of it. [1979, c. 734, Â§2 (new).]

[2001, c. 75, Â§3 (amd).]

4. Penalties. Failing to file the statement, within 15 days of having been notified by the Secretary of State of failing to meet the requirements of subsection 2, is a civil violation for which a forfeiture of not more than $100 may be adjudged. [1979, c. 734, Â§2 (new).]

5. Rules. The Secretary of State may adopt or amend rules to specify the reportable categories or types and the procedures and forms for reporting and to administer this section. [1979, c. 734, Â§2 (new).]

6. Public record. Statements filed under this section are public records. [1979, c. 734, Â§2 (new).]

7. Disclosure of reportable liabilities. Each executive employee shall include on the statement of income under subsection 2 all reportable liabilities incurred while employed as an executive employee. The executive employee shall file a supplementary statement with the Secretary of State of any reportable liability within 30 days after it is incurred. The report must identify the creditor in the manner of subsection 2. [1991, c. 331, Â§3 (amd).]

Section History:
PL 1979,
Ch. 734,
§2 (NEW).
PL 1987,
Ch. 784,
§4 (AMD).
PL 1989,
Ch. 561,
§13-16 (AMD).
PL 1989,
Ch. 608,
§3 (AMD).
PL 1991,
Ch. 331,
§2,3 (AMD).
PL 1991,
Ch. 885,
§E47 (AFF).
PL 1991,
Ch. 885,
§E6 (AMD).
PL 2001,
Ch. 75,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §2. Tenure of office; citizenship

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§2. Tenure of office; citizenship

All civil officers, appointed in accordance with law, whose tenure of office is not fixed by law or limited by the Constitution of Maine, otherwise than during the pleasure of the Governor, except persons appointed to qualify civil officers, shall hold their respective offices for 4 years and no longer, unless reappointed, and shall be subject to removal at any time within that term by the Governor for cause. [1981, c. 456, Pt. A, § 13 (amd).] div>
All such officers so appointed shall be citizens of the United States of America.

Section History:
PL 1975,
Ch. 771,
§24 (AMD).
PL 1981,
Ch. 456,
§A13 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §20-A. Use and acquisition of state property

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 2: STATE EMPLOYEES AND STATE PROPERTY (HEADING: PL 1985, c. 737, Pt. A, @15 (new))

§20-A. Use and acquisition of state property

1. Use of state property. An employee of the State may not take state property off the premises of the State for personal use or for the use of others without prior written approval of the head of the department for which that employee works. [1995, c. 280, §2 (new).]

2. Acquisition of state property. Within 3 months of leaving office or employment with the State, an employee of the State, in accordance with rules adopted by the Commissioner of Administrative and Financial Services and this chapter, may purchase at fair market value state property that was assigned to the employee or state property of which the employee was the principal user at the time of that employee's employment. The commissioner, by rule, shall determine state property that may be offered for sale under this chapter. State property may not be offered for sale under this chapter until the commissioner determines that the property is eligible for sale and that no state agency has any need or use for the property. This section may not be interpreted to prohibit an employee of the State or any other person from purchasing state property at fair market value in accordance with this chapter as a gift to an employee of this State upon that employee's retiring or leaving office. [1995, c. 280, §2 (new).]

3. Return of state property. If an employee or former employee of the State is in possession of state property in violation of subsection 1, the State may bring an action for injunctive relief seeking the return of the state property. The action may be brought in Superior Court in the county where the alleged violation occurred, Kennebec County or the county where the person against whom the civil complaint is filed resides. If a violation of subsection 1 is established, the court may enjoin the violation and order the return of the state property. [1995, c. 280, §2 (new).]

Section History:
PL 1985,
Ch. 737,
§A15 (NEW).
PL 1991,
Ch. 780,
§Y8 (AMD).
PL 1995,
Ch. 280,
§2 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §20. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 2: STATE EMPLOYEES AND STATE PROPERTY (HEADING: PL 1985, c. 737, Pt. A, @15 (new))

§20. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 737, Pt. A, §15 (new).]

1. Employee of this State. "Employee of this State" means an employee in the classified or unclassified service as defined in chapters 71 and 372. [1991, c. 824, Pt. B, §2 (amd).]

2. State property. "State property" means personal property, including, but not limited to, furnishings, supplies and equipment that is owned or leased by or in the control of the State or any department or agency of the State or independent state agency. "State property" includes property purchased with funds, such as fees for conferences and seminars conducted by a state agency, received by or on behalf of the State or any department or agency outside of the normal system of accounts and controls. [1995, c. 280, §1 (amd).]

Section History:
PL 1985,
Ch. 737,
§A15 (NEW).
PL 1991,
Ch. 824,
§B2 (AMD).
PL 1995,
Ch. 280,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §3. Civil officers serve until successors qualify

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§3. Civil officers serve until successors qualify

All civil officers, other than judicial officers, appointed in accordance with law and whose terms of office are fixed by law, shall hold office during the term for which they were appointed and until their successors in office have been appointed and qualified, unless sooner removed in accordance with law. [1975, c. 771, § 25 (rpr).]

Section History:
PL 1975,
Ch. 771,
§25 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §4. Dedimus justices; appointment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§4. Dedimus justices; appointment

The Governor may appoint in every county persons who shall be designated as dedimus justices, before whom the oath required by the Constitution to qualify civil officers may be taken and subscribed. Such persons shall exercise their powers and duties, and shall be commissioned to act within and for every county. [1975, c. 771, § 26 (amd).]

Section History:
PL 1975,
Ch. 771,
§26 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §5. Oath of office; before whom taken

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§5. Oath of office; before whom taken

The Justices of the Supreme Judicial Court and of the Superior Court, the Judges of the District Court and all state officials elected by the Legislature shall take and subscribe the oath or affirmation required by the Constitution, before the Governor. Every other person elected or appointed to any civil office shall take and subscribe the oath before any dedimus justice commissioned by the Governor for that purpose, except when the Constitution otherwise provides. [2001, c. 667, Pt. C, §1 (amd).]

Section History:
PL 1975,
Ch. 771,
§27 (RPR).
PL 1987,
Ch. 736,
§4 (AMD).
PL 2001,
Ch. 667,
§C1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §6. Officials have 30 days to qualify

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§6. Officials have 30 days to qualify

All public officers appointed or renewed in accordance with law shall, within 30 days after being commissioned, qualify to perform the duties of their office and the certificate of qualification must be filed in the office of the Secretary of State. Any officer who fails to qualify within 30 days and file a certificate of qualification in the office of the Secretary of State within 45 days must be suspended by the Secretary of State until the defect is corrected. During this suspension, the officer may be deemed to have forfeited the appointment and the office may be declared vacant by the appointing authority and a new appointment made. [1991, c. 837, Pt. A, §7 (amd).]

Section History:
PL 1975,
Ch. 87,
§1 (AMD).
PL 1975,
Ch. 771,
§28 (AMD).
PL 1981,
Ch. 456,
§A14 (AMD).
PL 1991,
Ch. 837,
§A7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §7-A. Assignment of vehicles

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§7-A. Assignment of vehicles

Notwithstanding any other provision of law, all assignments of state-owned vehicles to individual employees will terminate effective August 1, 1983. The Governor may establish such criteria as the Governor deems appropriate relative to the assignment of all state-owned vehicles. It is the intent of the Legislature that no state-owned vehicle may be assigned to or used exclusively by any individual employee other than those instances where the Governor deems such assignment and use to be clearly necessary in order to carry out programs that have been approved by the Legislature. [1989, c. 501, Pt. P, §6 (rpr).]

1. Garaging vehicles off state grounds. Under no circumstances may any state employee garage a state vehicle at the individual's residence, except as provided:

A. A vehicle may be temporarily garaged off state grounds when it is being used to transport state employees while on overnight travel; [1989, c. 501, Pt. P, §6 (new).]

B. State vehicles may be temporarily garaged off state grounds after the late conclusion of a day's work; [1989, c. 501, Pt. P, §6 (new).]

C. State vehicles may be temporarily garaged off state grounds in order to allow an employee to take a vehicle home when the next day's assignment will require the use of the vehicle for travel beyond and in the same general direction as the employee's residence; [1989, c. 501, Pt. P, §6 (new).]

D. A vehicle may be temporarily garaged off state grounds when certified by the Bureau of Public Improvements that there is no space available on state grounds or certified by the Department of Public Safety that the space available does not provide adequate protection for the vehicle; or [1989, c. 501, Pt. P, §6 (new).]

[1989, c. 501, Pt. P, §6 (new).]

2. Individual assignment of vehicles. Assignment of a state vehicle to an individual employee will be made only when that assignment is clearly necessary and meets one or more of the following criteria:

A. Sworn law enforcement personnel with powers of arrest regularly assigned to field duty; [1989, c. 501, Pt. P, §6 (new).]

B. Field personnel directly concerned with the maintenance and operation of highway facilities who are frequently called for emergency duty at other than regular working hours; [1989, c. 501, Pt. P, §6 (new).]

C. Employees identified by the Governor, the Commissioner of Public Safety, the Commissioner of Defense, Veterans and Emergency Management or the Commissioner of Transportation to be available for call beyond the normal workday on a regular basis to protect the public safety; [1989, c. 501, Pt. P, §6 (new); 1997, c. 455, §32 (amd).]

D. Employees who are officially headquartered at their residences and carry unusual materials or equipment which make up an integral part of the employee's ability to perform the employee's job function on a regular basis and would be dangerous, unsanitary or too large to carry in that employee's personal vehicle; or [1989, c. 501, Pt. P, §6 (new).]

E. Employees who are officially headquartered at their residences provided the department head determines annually that the assignment is more effective than reimbursement for mileage. [1989, c. 501, Pt. P, §6 (new).]

[1989, c. 501, Pt. P, §6 (new); 1997, c. 455, §32 (amd).]

3. Annual report. Every department or agency in State Government that has state-owned vehicles must file a report with the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than January 15th of every year that provides detailed information on state-owned vehicles. This report must include, but is not limited to, the following information: the total number of state vehicles within that department or agency; the individual employees to whom a state vehicle is assigned; and the purpose or function to which all other vehicles are assigned. [1991, c. 9, Pt. Y, §1 (new).]
div>
The Governor may also establish criteria for the transfer of vehicles from department to department in order to meet priority operational needs. [1989, c. 501, Pt. P, §6 (new).]

Section History:
PL 1983,
Ch. 477,
§E20 (NEW).
PL 1989,
Ch. 501,
§P6 (RPR).
PL 1991,
Ch. 9,
§Y1 (AMD).
PL 1997,
Ch. 455,
§32 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §7-B. Use of state vehicles for commuting

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§7-B. Use of state vehicles for commuting

A state-owned or state-leased vehicle may not be used by any employee to commute between home and work, except for those vehicles authorized and assigned to employees of the Baxter State Park Authority and to law enforcement officials within the following organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of the State Fire Marshal; the division within the Department of Public Safety designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor Vehicles; Bureau of Marine Patrol; Bureau of Forestry, Division of Forest Protection; Bureau of Warden Service; and Bureau of Parks and Lands. [2003, c. 688, Pt. A, §1 (amd).]

Section History:
PL 1991,
Ch. 528,
§III1 (NEW).
PL 1991,
Ch. 528,
§RRR (AFF).
PL 1991,
Ch. 591,
§III1 (NEW).
PL 1991,
Ch. 618,
§1 (AMD).
PL 1991,
Ch. 618,
§7 (AFF).
PL 1991,
Ch. 780,
§JJ1 (AMD).
PL 1991,
Ch. 837,
§B2 (AMD).
PL 1991,
Ch. 841,
§2 (AMD).
PL 1993,
Ch. 349,
§4 (RPR).
PL 1995,
Ch. 502,
§E30 (AMD).
PL 1999,
Ch. 155,
§A1 (AMD).
PL 2003,
Ch. 688,
§A1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §7. State-owned motor vehicles

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§7. State-owned motor vehicles

The State may provide motor vehicles for the travel of state employees in a number to be determined by the Legislature. Each state department or commission head shall promulgate written policy concerning the use of state-owned motor vehicles, assigned to his department or commission, which shall include, but not be limited to, a definition of the use of state-owned motor vehicles which constitute use in the conduct of state business and which distinguishes such use from private use. [1969, c. 544, § 1 (rpr).] div>
The Legislature finds that the energy crisis requires State Government to act as a leader in the conservation of energy. In order to achieve that end, it is necessary for the State to consume less energy, particularly in the area of transportation. The Legislature, therefore, declares it to be in the public interest that the fleet of new motor vehicles purchased for the travel of state employees meet the federal fleet mileage standards. [1977, c. 376, § 1 (new).] div>
Any state employee or official who misuses a state-owned motor vehicle shall be liable for the actual costs of such use and in addition may be subjected to appropriate disciplinary action, including suspension from employment. [1969, c. 544, § 1 (rpr).] div>
All state-owned vehicles, except as otherwise provided, shall display special registration plates, approved by the Secretary of State, plainly designating them as state-owned motor vehicles. They may in addition display a marker or insignia, approved by the Secretary of State, plainly designating them as state-owned. Motor vehicles used by departments, commissions or agencies charged by law with law enforcement or investigatory functions, if used for those purposes by personnel who have full-time law enforcement or investigatory duties, shall not be required to display a special registration plate. [1969, c. 544, § 1 (rpr).] div>
The Legislative Council shall biennially study and review state motor vehicle needs and uses and shall report its findings to the Legislature. Department and agency heads shall justify the purchase of motor vehicles as part of request for appropriations before the Joint Standing Committee on Appropriations and Financial Affairs. [1973, c. 788, § 10 (amd).]

Section History:
PL 1969,
Ch. 544,
§1 (RPR).
PL 1973,
Ch. 788,
§10 (AMD).
PL 1977,
Ch. 376,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-A. Declaration of purpose

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-A. Declaration of purpose

For the benefit of the people of the State, it is essential that certain activities of the State Government be constantly reviewed in order to provide essential state services more efficiently and economically. To aid in accomplishing this purpose and due to improved travel conditions and communications, housing for state employees at state institutions and other areas of State Government and commissaries operated by state departments for the sale of food and food supplies to state employees shall be controlled as set forth in sections 8-B and 8-C respectively. [1971, c. 588 (new).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-B. Housing

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-B. Housing

It is the intent of the Legislature to discourage the construction, reconstruction and equipping of new housing facilities for state employees at state institutions and all other areas of State Government and to cause the termination of existing provision of housing facilities to state employees whenever other housing facilities are reasonably available to such employees and their residence elsewhere will not substantially impair the effective management and operation of the state department or institution by which such persons are employed. The housing facilities of each state department shall be reviewed periodically by the state department involved, and the provision of any such housing facilities shall be terminated whenever the above stated criteria are met. Except as otherwise provided, in each instance of the provision of housing facilities by the State, a rental charge shall be made to cover the total operating cost of any such facility. These costs shall include, but not be limited to, rates charged to the State, in operating such facility, for water, electricity, heat, telephone and furnishings and any other maintenance costs. Such costs shall not include charges for telephones used primarily for state business. In determining the feasibility of any such facility, the department shall consider the availability of living facilities for its employees, particularly in the unorganized territory and rural areas of the State. Any facility used on a seasonal basis shall be partially exempt from rental charges, at the discretion of the department. No charge shall be made for the provision of housing facilities when the state employee involved is required as a condition of his employment to reside in such housing facilities and when the state employee involved receives a salary less than the salary received by an employee at pay range 23, merit service step E of the compensation plan for classified employees. [1977, c. 78, § 3-A (amd).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1973,
Ch. 603,
§1,2 (AMD).
PL 1977,
Ch. 78,
§3-A (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-C. Food and food supplies

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-C. Food and food supplies

All commissary-type facilities operated by state departments for the sale of food and food supplies to any person must be eliminated. Purchasing of food and food supplies for any person by requisition or otherwise is prohibited, except that the Department of Inland Fisheries and Wildlife and Bureau of Forestry may requisition food supplies for emergency use or special duty assignments. Meals purchased and prepared for institutional or school use may be sold to employees or to visitors based on the actual total cost of purchasing, preparing and serving such food or food supplies. In the case of institutions and schools operated by the Department of Health and Human Services, income derived from the sale of meals accrues to the General Fund. With the approval of the Commissioner of Health and Human Services and the head of the institution involved, no charge may be made for the provision of meals to any state employee who eats such meals within the scope of employment and in doing so serves a function of that employment. If such approval is given, the Commissioner of Health and Human Services shall establish standards that must be applied uniformly at all institutions within the department. [RR 1995, c. 2, §1 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).] div>
No charge shall be made for the provision of meals to any state employee who eats such meals within the scope of his employment and in so doing serves a function of his employment. [1973, c. 603, §3 (new).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1973,
Ch. 460,
§18 (AMD).
PL 1973,
Ch. 603,
§3 (AMD).
PL 1975,
Ch. 497,
§3 (AMD).
PL 1975,
Ch. 777,
§4 (AMD).
PL 1977,
Ch. 190,
§ (AMD).
PL 1995,
Ch. 560,
§K82 (AMD).
PL 1995,
Ch. 560,
§K83 (AFF).
RR 1995,
Ch. 2,
§1 (COR).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2003,
Ch. 689,
§B6,7 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-D. Income

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-D. Income

Any income derived from the operation of housing or food facilities, or both, under sections 8-B and 8-C, shall accrue to whatever fund pays for such facilities, unless otherwise provided for by statute; if it is a General Fund account, the income shall accrue to General Fund; if it is a special revenue account, the income shall accrue to that account. [1975, c. 777, § 5 (amd).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1975,
Ch. 777,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-E. Domestic service

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-E. Domestic service

No employee of the State of Maine shall be assigned to perform routine housekeeping, food preparation or other chores for employees assigned to and living in housing facilities owned by the State of Maine. This is not intended, however, to prevent bona fide domestic training programs wherein various patients and others in state institutions of Maine are trained for increased employment opportunities. [1971, c. 588 (new).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-F. Rules and regulations; review

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-F. Rules and regulations; review

Each department shall establish and promulgate, subject to the approval of the State Budget Officer, rules and regulations to carry out the purposes of sections 8-B to 8-C. Such rules and regulations shall be transmitted to the Legislative Council for its review biennially. [1979, c. 541, Pt. A, § 16 (amd).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1973,
Ch. 625,
§15 (AMD).
PL 1973,
Ch. 788,
§11 (AMD).
PL 1979,
Ch. 541,
§A16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-G. Exemption

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-G. Exemption

Sections 8-A to 8-H shall not apply to the Baxter State Park Authority. [1979, c. 541, Pt. A, § 17 (amd).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1979,
Ch. 541,
§A17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-H. Civil violation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-H. Civil violation

Any violation of sections 8-A to 8-F is a civil violation for which a forfeiture not to exceed $1,000 may be adjudged and any person violating any of those sections shall be dismissed from state service. [1977, c. 696, § 30 (rpr).]

Section History:
PL 1971,
Ch. 588,
§ (NEW).
PL 1977,
Ch. 696,
§30 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8-I. Fees and receipts

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8-I. Fees and receipts

All fees, charges, emoluments and other receipts of whatever nature, which may be payable to any state official or employee, excepting their lawful salaries and expenses properly payable to them, shall be credited to the General Fund or special revenue accounts as appropriate and no state official or employee shall directly or indirectly receive a private benefit or gain from the sale or distribution of any material, information or reports from state records. This section shall not apply to the sale of transcripts to the public by hearings reporters and official court reporters. [1973, c. 427 (new).] div>
This section does not apply to the compensation of state employees appointed to boards and commissions in this State. State employees and other members of state boards and commissions shall be governed by chapter 379. [1985, c. 295, § 1 (new).]

Section History:
PL 1973,
Ch. 427,
§ (NEW).
PL 1985,
Ch. 295,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §8. Mileage allowance

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§8. Mileage allowance

The State shall pay for the use of privately owned automobiles for travel by employees of the State in the business of the State such reimbursement as agreed to between the State and their certified or recognized bargaining agent. For employees and state officers and officials not subject to any such agreement, the State shall pay 36¢ per mile effective January 1, 2006 and 38¢ per mile effective January 1, 2007 for miles actually traveled on state business. The Governor may suspend the operation of this section and require state officials and employees to travel in automobiles owned or controlled by the State, if such automobiles are available. [2005, c. 12, Pt. RRR, §1 (amd); §2 (aff).]

Section History:
PL 1969,
Ch. 468,
§ (AMD).
PL 1973,
Ch. 765,
§1 (AMD).
P&SL 1975,
Ch. 147,
§C5 (AMD).
PL 1975,
Ch. 771,
§29 (AMD).
PL 1979,
Ch. 269,
§8 (AMD).
PL 1979,
Ch. 739,
§1 (AMD).
PL 1981,
Ch. 710,
§B (AMD).
PL 1997,
Ch. 3,
§D1 (AMD).
PL 1999,
Ch. 454,
§E1 (AMD).
PL 2001,
Ch. 438,
§D1 (AMD).
PL 2005,
Ch. 12,
§RRR1 (AMD).
PL 2005,
Ch. 12,
§RRR2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §9. Bonds; premiums; notice of cancellation (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY (HEADING: PL 1985, c. 378, @1 (rpr))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 378, @1 (rpr))

§9. Bonds; premiums; notice of cancellation (REPEALED)

Section History:
PL 1969,
Ch. 504,
§3-C (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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