An Act To Provide for the Appointment of County Treasurers, Registers of Deeds and District Attorneys
Maine Legislature, Session 121, LD 1140
Committee: State and Local Government
Sponsors: BULL, BARSTOW, MAYO, BROWN
Amends: 30-A MRSA §2, 30-A MRSA §151, 30-A MRSA §152, 30-A MRSA §153, 30-A MRSA §154, 30-A MRSA §156, 30-A MRSA §157, 30-A MRSA §161, 30-A MRSA §162, 30-A MRSA §251, 30-A MRSA §253, 30-A MRSA §1352, 33 MRSA §601, 33 MRSA §604, 33 MRSA §609, 33 MRSA §612

Legislative Document 
No. 1140 
H.P.843 
House of Representatives, March 4, 2003 
An Act To Provide for the Appointment of County Treasurers, 
Registers of Deeds and District Attorneys 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BULL of Freeport. 
/J1~ 
/J7.1JJd£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative BARSTOW of Gorham, Senator MAYO of Sagadahoc and 
Representative: BROWN of South Berwick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §2, sub-§I-B, ,A, as repealed and replaced 
by PL 1997, c. 721, §1 and affected by §2, is amended to read: 
A. 
Androscoggin County: 
(1) 
Commissioners 
(a) 
Chair 
$6,536 
(b) 
Members 
5,595 
(3) 
Sheriff 
33,455 
(4) 
Judge of Probate 
12,689 
(5) 
Register of Probate 
10,712 
Sec. 2. 30-A MRSA §2, sub-§l-B,,s, as repealed and replaced 
by PL 2001, c. 161, §1 and affected by §2, is amended to read: 
B. 
Kennebec County: 
(1) 
Commissioners 
(a) 
Chair 
$8,531 
(b) 
Members 
7,967 
(3) 
Sheriff 
44,753 
(4) 
Judge of Probate 
22,856 
(5) 
Register of Probate 
28,442 
Sec. 3. 30-A MRSA §151, as amended by PL 1995, c. 683, §5, is 
repealed. 
Sec. 4. 30-A MRSA §152, as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 
104, Pt. C, §§8 and 10, is repealed. 
Sec. 5. 30-A MRSA §153, as amended by PL 1999, c. 22, §l, is 
further amended to read: 
§153. Bond required 
The 
person eleetee appointed under 
section 196 ~ and 
accepting the office of county treasurer shall give bond to the 
county for the faithful discharge of duties in the sum ordered by 
the 
commissioners 
and with such sureties as they approve in 
writing on the bond. 
Surety and fidelity insurance coverage 
provided by 
a 
public sector self-funded risk pool 
organized 
pursuant to section 2253 in the sum ordered by the commissioners 
is deemed to comply with the requirements of this section. 
Sec. 6. 30-A MRSA §154, as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 
104, Pt. C, §§8 and 10, is further amended to read: 
§154. Salaries 
County treasurers shall receive annual salaries as se~-fs~tR 
iB---seetisB---d 
established 
and 
approved 
by 
the 
county 
commissioners. 
The 
deputy treasurer shall 
receive 
an 
annual 
salary as established by the treasurer and approved by the county 
commissioners. 
Sec. 7. 30-A MRSA §156, as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 
104, Pt. C, §§8 and 10, is repealed. 
Sec. 8. 30-A MRSA §157 is enacted to read: 
S157. 
Appointment of county treasurer 
1. 
County 
commissioners 
to 
appoint. 
The 
county 
commissioners shall appoint a county treasurer. 
2. 
Term. 
The 
county 
treasurer 
appointed 
pursuant 
to 
subsection 1 serves at the will of the county commissioners. 
3. 
Qualifications. 
The county commissioners shall set the 
professional standards and minimum gualifications for appointed 
coun~y treasurers. 
The county commissioners may adopt standards 
or minimum gualifications recommended by a nationally recognized 
organization of public sector financial officers. 
The person 
appointed county treasurer by the county commissioners pursuant 
to subsection 1 must meet these minimum qualifications. 
Sec. 9. 30-A MRSA §161, as amended by PL 1999, c. 22, §2, is 
further amended to read: 
§161. Deputy treasurers; duties 
Each county treasurer may appoint a 
deputy treasurer for 
that treasurer's county, subject to the requirements of section 
501. 
The 
deputy 
treasurer 
shall 
assist 
the 
treasurer 
in 
performing the duties of the treasurer's office. 
The deputy 
treasurer 
shall 
give 
bond 
to 
the 
county 
for 
the 
faithful 
discharge 
of 
duties 
in 
the 
sum 
ordered 
by 
the 
county 
commissioners and with such sureties as they approve in writing 
on the bond, the premium of the bond to be met by the county. 
The deputy treasurer shall act as treasurer in the event of a 
vacancy until a treasurer is chosen and qualified under section 
:l.e:l. 157. 
Surety and fidelity insurance coverage provided by a 
public sector self-funded risk pool organized pursuant to section 
2253 in the sum ordered by the commissioners is deemed to comply 
with the requirements of this section. 
Sec. 10. 30-A MRSA §162. as enacted by PL 1987, c. 737, Pt-
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§162. Acting treasurer 
If the offices of county treasurer and deputy treasurer are 
both vacant, the county commissioners shall appoint a-pEevisiena± 
an acting treasurer who shall serve until a treasurer is chosen 
and qualified under section 
:I.§l 
157. 
The pFevisiena± acting 
treasurer has all the authority granted to treasurers under this 
subchapter 
and is 
subject 
to all 
the 
requirements 
of 
this 
subchapter. 
Sec. 11. 30-A MRSA §251, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§251. Appointments; qualifications 
District 
attorneys 
saa±± 
must 
be 
e±ee~ea 
provided in this section. 
They shall enter office 
day of January following their e±ee~ien appointment. 
appointed 
as 
on the first 
~T--~ee~ieaT---~-ais~Ei€~-~~~r&&y&-~~~--&e-~~~-en 
~ae-~~~4ay-~~~~~-~he-~i££~-~~~-NeveffiBeE-~~~~-4~a 
yeaFT-~-~ae-~~~-e~-~~-Fespee~ive-~~~~~--ais~Fie~sT 
~he-¥~~~£-~~-~-~i¥&Gr-se~~eQT-€~~a~e4-~~~~-i»-~he 
same-~»&&~-~-~~~-feF--RepFeSea&a&i¥eSr---~-~-~~--~he 
pe~seRs-~~-~e~T-~~-a~&eF-~--~&&&-~~~-~-aRQ-~~-whele 
R~ge~-ef-a~~~~~6-~ee~¥e4-~~-~~~~~-~-G~F*-e~-eaeh 
m~Rieipali~y-wi~£i~~~-pFesee~&eFial-Q46~F4€~~--~~-G~~*-shall 
seRQ-~~~e-~~-e~-~ke£e-~-aaG-~e~a~6T-~~~-a~~es~eQ 
as-~e~~~Rs-e~-ve~es-fe~-SeRa~e~sT-~e-~he-See~e~a~y-ef-S~a~eT 
A. 
Appointment. 
The district attorneys must be appointed 
by 
the 
county 
commissioners 
of 
the 
respective prosecutorial 
districts. 
2. 
Qualifications. 
Only attorneys admitted to the general 
practice of law in this State and who reside in the prosecutorial 
district may be elee&eQ-eF appointed district attorney. 
Removal 
from the prosecutorial district vacates the office. 
3. 
Term of office. 
The 
attorney is 4 years, except when 
out an unexpired term, in which 
the unexpired term. 
term of office for 
a district 
one is elee~eQ appointed to fill 
case it is for the remainder of 
Sec. 12. 30·A MRSA §252, as amended by PL 1995, c. 245, §5, 
is further amended to read: 
§252. Vacancies in office 
A vacancy in the office of district attorney, because of 
expiration of the term of office, death, permanent incapacity, 
removal 
from 
office 
under 
section 
257, 
removal 
from 
the 
prosecutorial district, or otherwise, 
sha~~--ge is filled under 
this section, except as provided in section 253. 
1. 
Vacancies caused by expiration of the term. 
Vacancies 
occurring by expiration of the term of office shall must be 
filled by 
elee~ieR appointment in that year 
as provided in 
section 251. 
2. 
Vacancies caused by other reasons. 
When Re--pe-l"-s<Hl--is 
elee&ee-eF a vacancy happens in the office of district attorney, 
other than as provided in subsection 1, 
the 
Geve~Re~ county 
commissioners of the prosecutorial districts shall appoint 
a 
competent attorney, 
a 
resident of the prosecutorial district 
affected, to serve as a substitute district attorney 
~a&il-Uie 
fi~s~-~-e~-~~--~l~wi~-~£e-~~~-a4eRR4~~-~~-~~--A& 
~ha&-elee~ieaT-a A person shall must be elee~eQ appointed to the 
office of district attorney to serve for the remainder of the 
unexpi red term. 
WheR-~-he--~.:f-i-€e--e~--d-j,.s..G..r-j,.a..t;.-.a-t~-E)'H}E!j'--geeemes 
vaeaR&-~~~e~-~~-~i~&&-Qay-~-~~--i»-&he-~R4-~-~~~~-&he 
elee~ieR-ef-~-~£~~-i-€~-~~~~~-~~~~~r-a-aew-elee~ieR 
saa±±--B9~--h&-~~-~~-~~~~--~~-~~~~~--~~--~ae--SHas~i~H~e 
ais~Fie~-a~~~~~-~~-~~~-~9~-~ae-~~~-~--~~-HneHpiFea 
~eFFA~ 
A~--~-~he-~-~--a-~-in-~~-~e~m--&~-~-ais~Fie~ 
a~~eFney-~-was-~~~-aY-~~~1r-e±eetien-~~~-tae 
~eBeFa±-~~~~r-~~-aistFiet--a~~9~B9y-~~~-~--tae 
GeveFneF-FA~6~-Be-~~~~~~~~~~~~~~-~aF~y-a&-~ae 
ais~Fiet--a~~9~B9y--W~&9-~~~--~-~~~---~~--FAakia~--tae 
appeintFAentT---~~--~~~F---saa±J---~~---~~---any 
FeeeFAFAenaatiens--~~~~--ay--~~--eeHBty--~~~~--eF 
eeFAFAittees-ef-~£e-~~~~~~-~~1r-~r~~~-~ae-appein~FAea~ 
is-te-ae-FAaae ... 
Sec. 13. 30-A MRSA §253, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§253. Military or naval service; substitutes 
Whenever a district attorney during the district attorney's 
term of office in time of war, 
contemplated war or emergency, 
enlists, enrolls, is called or drafted into the military service 
of the United States, that district attorney is not deemed to 
have taeFeay resigned from or abandoned the office; nor is the 
district attorney 
removable 
from that office during military 
service except that the term of office may not be held to have 
been 
lengthened 
because of 
this section. 
From 
the 
time 
of 
induction into service, the district attorney is regarded as on 
leave of absence without pay from the office and the GeveFneF 
county commissioners of the prosecutorial district shall appoint 
a 
competent 
attorney, 
a 
resident 
of 
the 
same 
prosecutorial 
district, to fill the office while the district attorney is in 
the 
federal 
service, 
but not 
for 
a 
longer period than 
the 
remaining portion of the district attorney's term. 
During the 
period of military or naval service, the Treasurer of State shall 
pay to the substitute attorney a salary at the same rate as the 
rate of pay of the district attorney and amounts so paid saa±± 
must be deducted from the salary of the district attorney. 
The 
attorney so appointed to fill the temporary vacancy has the title 
of "substitute district attorney" and possesses all the rights 
and powers and is subject to all the duties and obligations of 
the district attorney. 
Sec. 14. 30-A MRSA §1352, sub-§1, 1[1[B, C and E, as enacted by 
PL 1987, c. 737, Pt. A, 
§2 and Pt. c, §106 and amended by PL 
1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, are further 
amended to read: 
B. 
Chapter 1, subchapter II k' sections 61 to 82; 
C. 
Chapter 1, subchapter I!! 1, sections l§l 153 to 162; 
E. 
Title 33, sections eQl 603 to 608. 
Sec. 15. 33 MRSA §601, as amended by PL 1995, c. 245, §7 and 
c. 683, §8, is repealed. 
Sec. 16. 33MRSA§602, as amended by PL 1985, c. 614, §28, is 
repealed. 
Sec. 17. 33 MRSA §604, as amended by PL 1987, c. 737, Pt. C, 
§74 and §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, 
Pt. C, §§8 and 10, is further amended to read: 
§604. Salaries 
Registers of deeds in the several counties shall receive 
annual salaries as set-fe£~R-~~~~~~~-~r-~~i~a-6 established 
and approved by the county commissioners. 
The salaries of the registers of deeds sHall-Be are in full 
compensation for the performance of all official duties and no 
other 
fees 
or 
compensation 
sHall--Be 
is 
allowed 
them. 
All 
registers, except in the western district of Oxford County, shall 
devote their entire time to the duties of the office. They shall 
account monthly under oath to the county treasurers for all fees 
received by them or payable to them by virtue of the office, 
specifying the items, and shall pay the whole amount of the same 
to the treasurers of their respective counties monthly by the 
15th day of the following month. 
They may make abstracts and 
copies from the records and furnish the same to persons calling 
for them and may charge a reasonable fee for such service, but 
sHa±± may not give an opinion upon the title to real estate. 
Registers shall photocopy each warranty 
received and send the copy to the assessors 
municipality within 30 days of recordation. 
reasonable fee for such service. 
or quitclaim deed 
of the appropriate 
They may charge a 
Sec. 18. 33 MRSA §609, as amended by PL 1989, c. 502, Pt. B, 
§41, is further amended to read: 
§609. 
Successors may complete records and grant certificates 
The newly appointed 
within 
years 
after 
complete, 
certificate 
upon 
deeds 
compare 
and 
required by 
and 
other 
eF-~B&etea register or any successor 
the 
original 
vacancy 
occurred 
shall 
certify 
any 
unfinished 
record 
or 
law and make all requisite certificates 
papers 
recorded, 
which 
the 
removed 
predecessor should have done if such records and certificates had 
been completed by the predecessor, which certificates sHa.,l.,l--be 
are as effectual in law as if made by the predecessor; for doing 
this, the minutes made by the predecessor upon such deeds or 
other papers and the entries made by the predecessor in the books 
required to be kept for such purposes sHa.,l.,l--be are sufficient 
authority. If payment for such services has been made to the 
predecessor, 
the 
newly 
appointed 
aF--elee~ee register or 
any 
successor sHall must be paid for them out of the county treasury, 
and the former register and the former register's sureties shall 
refund such payments to the county treasury, to be recovered by a 
civil action upon the former register's official bond. 
Sec. 19. 33 MRSA §612 is enacted to read: 
§6l2. 
Appointment of register of deeds 
1. 
County 
commissioners 
to 
appoint. 
The 
county 
commissioners shall appoint a register of deeds. 
2. 
Tenm. 
The 
register of 
deeds 
appointed pursuant to 
subsection 1 serves at the will of the county commissioners. 
3. 
Oualifications. 
The county commissioners shall set the 
professional standards and minimum gualifications for appointed 
registers of deeds. 
The person appointed register of deeds by 
the county commissioners pursuant to subsection 1 must meet these 
minimum gualifications. 
Sec. 20. Implementation of Act. 
1. 
Effective date of appointments. 
After the effective 
date of this Act and upon receipt of the m1n1mum qualifications 
established by the county commissioners, the county commissioners 
for each county may appoint a county treasurer and register of 
deeds, 
except that the 
elected county treasurer 
or 
elected 
register of deeds who is holding office on the effective date of 
this Act completes the remainder of the elected treasurer's or 
elected register of deeds's term of office. 
The elected district 
attorney who is holding office on the effective date of this Act 
completes the remainder of the elected district attorney's term 
of office. 
2. 
Additional tenm. 
Any elected county treasurer who meets 
the minimum qualifications established under the Maine Revised 
Statutes, 
Title 
30-A, 
section 
157, 
subsection 
or 
elected 
register 
of 
deeds 
who 
meets 
the 
m1n1mum 
qualifications 
established under Title 33, section 612, subsection 3 and who is 
holding office 
on 
the 
effective date 
of 
this 
Act 
must 
be 
appointed by 
the 
county 
commissioners 
for 
a 
minimum 
of one 
additional 4-year term. 
Any district attorney who is holding 
office on the effective date of this Act must be appointed by the 
county commissioner of the respective prosecutorial district for 
a minimum of one additional 4-year term. 
SUMMARY 
This 
bill 
abolishes 
the 
positions 
of 
elected 
county 
treasurer, 
elected 
register 
of 
deeds 
and 
elected 
district 
attorney and requires that county commissioners appoint a county 
treasurer, 
a 
register of 
deeds or district attorney at the 
completion 
of 
the 
elected 
treasurer's, 
elected 
register 
of 
deeds's or the elected district attorney's term of office.