An Act To Clarify State Auditor Qualifications
Maine Legislature, Session 122, LD 0717
Committee: State and Local Government
Sponsors: SHIELDS, SNOWE-MELLO, CURLEY, LEWIN, MOULTON, ANDREWS, DOW, RAYE
Amends: 5 MRSA §241, 5 MRSA §242

Legislative Document 
No. 717 
H.P.512 
House of Representatives, February 10,2005 
An Act To Clarify State Auditor Qualifications 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative SHIELDS of Auburn. 
17J~ 
/J1.1J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: CURLEY of Scarborough, LEWIN of Eliot, McKENNEY of Cumberland, 
MOULTON of York, Senators: ANDREWS of York, DOW of Lincoln, RAYE of Washington. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §241, as amended by PL 1997, c. 516, §l, is 
further amended to read: 
§241. State Auditor; salary 
The State Auditor saall-ee is the head of the Department of 
Audit, as heretofore established. He-saa±± The State Auditor must 
be a certified public accountant 
e~--a---G-G-l-~-43£a€l.~a-t€--w-it-h--Bet, 
±ess-~~~-yeaFs-e~-~~~-as-a-~~~~-~~~-e~ 
a~ait,e~T-~££~~€l.~£~-~-~-&aaa-§-~~~~-aaG~&~~-eHpe~ieBeeT 
ef-w£~££-~--l-e&&-~aaB-4-~~-&aal-l--aa¥e-~€£-~~-a-s~pe~¥is e~y 
eapaeit,y or qualified to be certified as 
a 
public accountant 
pursuant to Title 32, section 12228. He-£Ra±± The State Auditor 
must be elected by the Legislature by a 
joint ballot of the 
Senators and Representatives in convention and saall-kela holds 
office for a term of 4 years or until ais Q successor is elected 
and qualified. 
He-saa±±-e*e~eise The State Auditor exercises such 
powers and pe~fe~ffi performs such duties as are set forth in this 
chapter. 
±B--e-ase II the office of State Auditor saa±±--beeeffie 
becomes vacant during a period when the Legislature 1S not 11l 
session, the appointment of a person to fill such vacancy saa±± 
must be made immediately by the President of the Senate orL 
if 
that office ee is vacant, by the Speaker of the House, 
sai€l. the 
appointed 
person 
to 
hold 
office 
until 
such 
time 
as 
the 
Legislature 
saall-ffiee~ meets in regular or special session, and 
either 
eeBfi~ffi confirms the appointment of saia the person or 
eaeese chooses 
another person to fill the office during the 
unexpired term. 
If a person elected to the office of State Auditor is not 
qualified as, or has not successfully completed or passed the 
examination for, a certified public accountantT-p~elie-a€€eHB~aBt, 
eF-£~~~~~~-int~r~l--ay€l.i~eF at the time of election and fails 
to 
become 
so qualified within 
months 
of being 
sworn into 
office, 
as--r-eq-u-a.-r-e4--ey--5B<1-t-i-on--646T that person may no longer 
serve as State Auditor and is ineligible for reelection by the 
same Legislature and the office of State Auditor is aeeffiea vacant. 
Sec. 2. 5 MRSA §242, as amended by PL 1987, c. 802, §§l arJ.d 
2, is further amended to read: 
§242. Organization; deputy 
The Department of Audit 
saa±± must be organized 1n the 
manner the State Auditor ffiay-€l.eeffi considers best suited to the 
accomplishment 
of 
its 
functions. 
It 
saa±± 
must 
have 
such 
auditors, 
assistants 
and 
employees 
as 
the State 
Auditor 
may 
require, but they saa±±-ee are subject to the Civil Service Law. 
Page l-LRll05(1) 
Any petseB-~~~~~~-tbe-~~~~~~~-gtate-~~~-~~-aBY 
person permanently employed by the Department of Audit as deputy 
auditor, director of audits or assistant director of audits must 
be 
currently qualified as 
or 
have 
successfully completed or 
passed the examination for a certified public accountant, public 
accountant or certified internal auditor. 
PetS9B6--BeE--se 
b 
person not qualified may be employed in these audit supervisory 
positions on a temporary basis not to exceed 9 months. 
In the event of a vacancy in the office of State Auditor 
because of death, resignation, removal or other cause, the deputy 
auditor shall perform the duties of the office until a State 
Auditor has been appointed in conformity with section 241T and 
has been duly qualified. In the event of absence or disability of 
the State Auditor, the deputy auditor shall likewise perform the 
duties of the office during bis the State Auditor's absence. 
Sec. 3. Application. 
This Act applies on the date the current 
State Auditor's term ends or when that person no longer serves in 
this position. 
SUMMARY 
This bill requires that the State Auditor after the current 
term must be a certified public accountant or qualified to be 
certified as a public accountant licensed pursuant to the Maine 
Revised Statutes, Title 32, section 12228. 
The bill also removes 
obsolete language and gender-specific references.