An Act To Allow Legislative Pay To Be Set by the State Compensation Commission
Maine Legislature, Session 123, LD 1814
Committee: State and Local Government
Sponsors: TUTTLE, PERRY, CUMMINGS, FAIRCLOTH, PILON, PINGREE, WEBSTER, STRIMLING
Amends: 1 MRSA §411, 3 MRSA §2, 3 MRSA §2-B, 3 MRSA §5, 3 MRSA §6, 5 MRSA §1666-A, 5 MRSA §8072, 7 MRSA §2953-A, 30-A MRSA §2181, 30-A MRSA §4350, 38 MRSA §998

Legislative Document 
No. 1814 
H.P.1266 
House of Representatives, April 3, 2007 
An Act To Allow Legislative Pay To Be Set by the State 
Compensation Commission 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator PERRY of Penobscot and 
1lJ~ 
/J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: Speaker CUMMINGS of Portland, FAIRCLOTH of Bangor, PILON of Saco, 
PINGREE of North Haven, WEBSTER of Freeport, Senator: STRIMLING of Cumberland. 
Prinled on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §411, sub-§8, as enacted by PL 2005, c. 631, §I, is amended to 
read: 
8. Compensation. Legislative members of the advisory committee are entitled to 
receive the legislative per diem, as defined in determined pursuant to Title 3, section 2- 2-
~,and reimbursement for travel and other necessary expenses for their attendance at 
authorized meetings of the advisory committee. 
Public members not otherwise 
compensated by their employers or other entities that they represent are entitled to receive 
reimbursement of necessary expenses and, upon a demonstration of financial hardship, a 
per diem equal to the legislative per diem for their attendance at authorized meetings of 
the advisory committee. 
Sec. 2. 3 MRSA §2, as amended by PL 2003, c. 20, Pt. F, §1 and c. 691, §1 and 
affected by §2, is repealed and the following enacted in its place: 
§2. Salary, expenses and travel of members of the Legislature and representatives 
of Indian tribes 
Each member of the Senate and the House of Representatives, beginning with the 
first Wednesday of December 2008 and thereafter, is entitled to $15,750 in the first year 
and $11,250 in the 2nd year of each biennium. 
Compensation, including salary, allowances and expenses, for members of the 
Legislature is disbursed pursuant to this section. Future changes in compensation are 
determined by the State Compensation Commission pursuant to section 2-8. 
1. Payment. During the first regular session of each legislative biennium, a member 
of the Senate or the House of Representatives may elect to receive the first payment of 
the annual allowance for constituent services in December following convening of the 
Legislature by notifying the Executive Director of the Legislative Council in the manner 
prescribed by the executive director. The Executive Director of the Legislative Council 
shall inform Legislators of the choice available for payment of the allowance for 
constituent services in the first year of the legislative biennium and of any tax 
implications associated with exercising that choice. 
2. Compensation of Indian representatives. The member of the Penobscot Indian 
Nation and the member of the Passamaquoddy Indian Tribe elected to represent their 
tribes at the Legislature must receive compensation for each day's attendance during the 
first and second regular sessions and an allowance for meals, constituent services, 
housing and travel expenses the same as any other member of the Senate and House of 
Representatives for attendance at each legislative session. For the duration of any special 
session of the Legislature, they must receive the same allowances, including housing, 
meal and travel expenses, as any other member of the Senate and House of 
Representatives. 
3. Nonacceptance of increases in salary. Any member of the Senate or the House 
of Representatives may elect not to accept any increase in compensation pursuant to this 
Page I - 123LROl60(Ol)-1 
I 
section or pursuant to section 2-B by communicating with the Executive Director of the 
Legislative Council and the presiding officer of the House of which the Legislator is a 
member to request that the increase not be received. 
4. Vacancy. If a member of the Legislature dies or otherwise vacates the office, the 
successor is entitled to a salary from the date of seating that is equivalent to that of the 
member the successor is replacing. 
5. Power of president and speaker. The President of the Senate and the Speaker of 
the House have the authority to approve accounts and vouchers for payment at all times, 
whether the Legislature is in session or not. 
Sec. 3. 3 MRSA §2-B, sub-§2, as amended by PL 1999, c. 2, § 1, is further 
1 
amended to read: 
2. Duties of commission. The eommission m\;lst iss\;le its first report no later than 
April 15, 1999. No later than Jan\;lary 1 st November 30th of every even-numbered year 
thereafter, the commission shall submit to the Legislature a report of the commission. 
The report must contain: 
A. 
A description of the commission's activities; 
B. 
The recommendations and conclusions of the commission for all regular and 
special sessions of the next Legislature concerning: 
( I) Compensation of Legislators and representatives of Indian tribes, including, 
but not limited to, all payments for: salaries, meals, housing, travel, mileage and 
all other expenses and allowances; additional service as President of the Senate, 
as Speaker of the House or as a member of leadership; and for constituent 
services; and 
(2) Compensation for the Attorney General, the Secretary of State, the Treasurer 
of State and the State Auditor; 
C. 
The reasons for its conclusions for establishing the level of compensation for 
Legislators as determined in paragraph B, subparagraph (1) and recommendations for 
compensation in paragraph B, subparagraph (2); 
D. 
Drafts of any legislation required to implement its recommendations under 
paragraph B, subparagraph (2); and 
1 
E. 
Any other material and recommendations that commission members may wish to 
submit. 
Before reporting as required in this subsection and subsequent to giving public notice, the 
commission shall hold a public hearing on the report. 
Subsequent to reporting, the 
commission shall meet, if requested, with the Governor, the Legislative Council and 
legislative committees to discuss the report. 
Sec. 4. 3 MRS A §2-B, sub-§6 is enacted to read: 
6. Treasurer of State and State Controller. The commission shall file its report 
with the Treasurer of State and the State Controller in the Department of Administrative 
and Financial Services no later than November 30th in each even-numbered year 
establishing the rate of compensation, including expenses, for Legislators in ;iubsecti9ll1., 
paragraph S, subparagraph (1) for the next biennium. 
The rates established are 
applicable to the next biennium. 
Sec. 5. 3 MRSA §5 is enacted to read: 
§S. Adjourning the Legislature 
The first regular session of the Legislature, after its convening, shall adjourn no later 
than the third Wednesday in June, and the second regular session of the Legislature shall 
adjourn no later than the third Wednesday in ApriL The Legislature may, in case of 
emergency, by a vote of 2/3 of the members of each House present and voting, extend the 
date for adjournment for the first or second regular session by no more than 5 legislative 
days. In case of further emergency, the Legislature may, by a vote of 2/3 of the members 
of each House present and voting, further extend the date for adjournment by 5 additional 
legislative days. The times for adjournment for the first and second regular sessions may 
also be extended for one additional legislative day for the purpose of considering possible 
objections of the Governor to any bill or resolution presented to the Governor by the 
Legislature under the Constitution of Maine, Article IV, Part Third, Section 2. 
Sec. 6. 3 MRSA §6 is enacted to read: 
§6. Purchase of Maine Revised Statutes Annotated 
Legislators may purchase one set of the Maine Revised Statutes Annotated at the 
State's cost, which may not be resold. 
Sec. 7. 5 MRSA §1666-A, as enacted by PL 1995, c. 113, §1, is amended to read: 
§1666-A. Enactment of budget 
The Legislature shall review a biennial or supplemental budget submitted to it in 
accordance with this chapter and enact a budget no later than 30 days prior to the date of 
adjournment prescribed in Title 3, section ~ 2, except that, during the first year in office 
of a Governor-elect, the Legislature shall enact a budget no later than the first Friday in 
June. 
Sec. 8. 5 MRSA §8072, sub-§7, as amended by PL 2005, c. 586, § I, is further 
amended to read: 
7. 
Consideration by the Legislature. 
No later than 30 days before statutory 
adjournment of the Legislature as provided in Title 3, section ~ 2 each joint standing 
committee of the Legislature shall submit to the Secretary of the Senate and the Clerk of 
the House of Representatives the committee's report on agency rules the committee has 
reviewed as provided in this section. The report must include a copy of the rule or rules 
reviewed, the committee's recommendation concerning final adoption of the rule or rules, 
a statement of the reasons for a recommendation to withdraw or modify the rule or rules 
and draft legislation for introduction in that session that is necessary to implement the 
committee's recommendation. 
A committee may decline to include in its report 
recommendations covering any rules submitted to it later than 5:00 p.m. on the 2nd 
Friday in January of the year in which the rules are to be considered by the committee. If, 
before adjournment of the session at which a rule is reviewed, the Legislature fails to act 
on all or part of any rule submitted to it for review in accordance with this section, an 
agency may proceed with final adoption and implementation of the rule or part of the rule 
that was not acted on. 
Sec. 9. 5 MRSA § 12002, sub-§3, as amended by PL 1989, c. 600, Pt. B, § I, is 
further amended to read: 
3. Legislative per diem. "Legislative per diem" means the per diem authorized by 
Title 3, section ;l, 2-B that is paid to Legislators for every day's attendance at meetings 
held when the Legislature is not in daily session. For the purpose of this subsection, 
"legislative per diem" does not mean the compensation authorized by Title 3, section ;l, 2-
.B. that is paid to Legislators for every day's attendance at special sessions of the 
Legislature. 
Sec. 10. 7 MRSA §2953-A, sub-§6, as enacted by PL 1999, c. 679, Pt. B, §2 and 
affected by § 14, is amended to read: 
6. 
Compensation. Members serving pursuant to subsection 4-A, paragraph A, 
subparagraphs (2) and (4) are compensated for attendance at Northeast Interstate Dairy 
Compact meetings in amounts not to exceed those set fortA in pursuant to Title 3, section 
~ 2-B, except that employees of the State who are compensated as part of their 
employment do not receive additional compensation under this subsection. 
Sec. 11. 10 MRSA §U, sub-§7, as enacted by PL 2003, c. 699, §2, is amended to 
read: 
7. Compensation. Legislators who are members of the commission are entitled to 
receive the legislative per diem and expenses as defined in determined pursuant to Title 3, 
section ~ 2-B for their attendance to their duties under this chapter. Other members are 
entitled to receive reimbursement of necessary expenses if they are not otherwise 
reimbursed by their employers or others whom they represent. 
Sec. 12. 30-A MRSA §2181, sub-§9, as amended by PL 2005, c. 222, §2, is 
further amended to read: 
9. Compensation. Legislative members of the advisory commission are entitled to 
receive the legislative per diem as defined in determined pursuant to Title 3, section ~ 2-B 
and reimbursement for expenses according to Title 5, section 12004-1, subsection 75-C. 
Public members not otherwise compensated by their employers or other entities that they 
represent are entitled to receive reimbursement of necessary expenses incurred for their 
attendance at authorized meetings of the advisory commission from the Executive 
Department, State Planning Office, subject to the approval of the Director of the State 
Planning Office. 
Sec. 13. 30-A MRSA §4350, sub-§4, as enacted by PL 2001, c. 648, §2, IS 
amended to read: 
4. Compensation. Legislative members are entitled to receive the legislative per 
diem, as defined in determined pursuant to Title 3, section 2- 2-B, and to reimbursement 
for expenses according to Title 5, section 12004-1, subsection 24-F. Public members not 
otherwise compensated by their employers or other entities that they represent are entitled 
to reimbursement of necessary expenses incurred for their attendance at authorized 
meetings of the committee. 
Sec. 14. 38 MRSA §998, sub-§7, as enacted by PL 1987, c. 470, §2, is amended 
to read: 
7. Compensation. The commissioners sflalt may not receive He remuneration from 
the commission. They may be paid by the commission a housing and meals per diem and 
be reimbursed for actual travel expenses incurred in the conduct of the commission 
business. These amounts shall be are determined as provided by Title 3, section 2- 2-B. 
SUMMARY 
This bill sets the level of compensation for Legislators to $15,750 in the first year and 
$11,250 in the 2nd year of each biennium beginning in December 2008 in accordance 
with the recommendations of the State Compensation Commission report of 1999. It also 
changes the State Compensation Commission so that its future recommendations do not 
require legislative approval. Any member of the House of Representatives or Senate may 
choose not to receive an increase in compensation that is recommended by the State 
Compensation Commission.