An Act Regarding the Hiring of Immediate Family Members in State Government
Maine Legislature, Session 125, LD 0840
Committee: State and Local Government
Sponsors: DILL, BLISS, CAREY, DUCHESNE, MORRISON, RUSSELL, BARTLETT, JACKSON, PATRICK
Amends: 2 MRSA §10, 3 MRSA §170-B, 5 MRSA §81, 5 MRSA §155, 5 MRSA §196

Legislative Document 
No. 840 
H.P. 637 
House of Representatives, March 3, 2011 
An Act Regarding the Hiring of Immediate Family Members in 
State Government 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator BLISS of Cumberland and 
Representatives: CAREY of Lewiston, DUCHESNE of Hudson, MORRISON of South 
Portland, RUSSELL of Portland, Senators: BARTLETT of Cumberland, JACKSON of 
Aroostook, PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  2 MRSA §10 is enacted to read: 
§10.  Hiring and promotion neutrality 
The following requirements apply to the hiring or promotion of a person in the 
Governor's office after October 1, 2011. 
1.  Qualifications.  A person must be hired or promoted based on the qualifications 
for the position. 
2.  Supervision.  The Governor or an employee of the Governor's office may not 
supervise a family or household member.  For the purpose of this section, "family or 
household member" means spouse, domestic partner, parent, natural or legally adopted 
child, stepchild, sibling, father-in-law, mother-in-law, brother-in-law or sister-in-law. 
Sec. 2.  3 MRSA §170-B is enacted to read: 
§170-B.  Hiring and promotion neutrality 
The following requirements apply to hiring or promotion of a person in the partisan 
or nonpartisan staff offices of the Legislature after October 1, 2011. 
1.  Qualifications.  A person must be hired or promoted based on the qualifications 
for the position. 
2.  Supervision.  An employee or member of the Legislature may not supervise a 
family or household member.  For the purpose of this section, "family or household 
member" means spouse, domestic partner, parent, natural or legally adopted child, 
stepchild, sibling, father-in-law, mother-in-law, brother-in-law or sister-in-law. 
Sec. 3.  5 MRSA §81, as amended by PL 1977, c. 674, §1, is further amended to 
read: 
§81.  Office and duties; vacancy; salary; expenses; fees 
The Department of the Secretary of State, as heretofore established, shall consist 
consists of the Secretary of State, the State Archives and such other state departments and 
agencies as are by law subject to the direction of the Secretary of State. The secretary 
shall keep his the secretary office at the seat of government; and have the custody of the 
state seal and preserve all records in such office, at the expense of the State. The 
Secretary of State may appoint deputy secretaries of state who shall serve at the pleasure 
of the Secretary of State. The secretary shall designate one of his the deputies as first 
deputy secretary of state. When a vacancy happens in the office of Secretary of State 
during the recess of the Legislature, the first deputy secretary of state shall act as 
Secretary of State until a Secretary of State is elected by the Legislature. Such deputy 
shall take the oath required of the elected Secretary of State and have the same 
compensation while he performs performing the duties of the office.  After October 1, 
2011, the Secretary of State shall appoint deputy secretaries of state based on 
qualifications for the position, but may not appoint a family or household member.  The 
Secretary of State or an employee of the office of the Secretary of State may not directly 
supervise a family or household member.  As used in this section, "family or household 
member" means spouse, domestic partner, parent, natural or legally adopted child, 
stepchild, sibling, father-in-law, mother-in-law, brother-in-law or sister-in-law. 
The Secretary of State and his the deputy shall secretaries receive such actual 
traveling expenses incident to the administration of his the department as shall be are 
necessary. 
The Secretary of State shall collect the legal and usual fees payable to him the 
secretary by virtue of his the office and shall pay them over forthwith to the Treasurer of 
State.  
Sec. 4.  5 MRSA §155 is enacted to read: 
§155.  Hiring and promotion neutrality 
The following requirements apply to hiring or promotion of a person in the office of 
the Treasurer of the State after October 1, 2011. 
1.  Qualifications.  A person must be hired or promoted based on the qualifications 
for the position. 
2.  Supervision.  The Treasurer of State or an employee of the office of the Treasurer 
of State may not supervise a family or household member.  For the purpose of this 
section, "family or household member" means spouse, domestic partner, parent, natural or 
legally adopted child, stepchild, sibling, father-in-law, mother-in-law, brother-in-law or 
sister-in-law. 
Sec. 5.  5 MRSA §196, as amended by PL 2005, c. 154, §1, is further amended by 
adding after the first paragraph a new paragraph to read: 
After October 1, 2011, the Attorney General shall appoint deputy attorneys general 
based on qualifications for the position, but may not appoint a family or household 
member.  The Attorney General or an employee of the office of the Attorney General 
may not directly supervise a family or household member.  As used in this section, 
"family or household member" means spouse, domestic partner, parent, natural or legally 
adopted child, stepchild, sibling, father-in-law, mother-in-law, brother-in-law or 
sister-in-law. 
SUMMARY 
This bill requires the Governor, the Legislature and the constitutional officers to hire 
or promote staff within those offices based on qualifications and prohibits the hiring of 
family or household members.  This bill also prohibits an employee from supervising a 
family or household member of that employee, which includes a spouse, domestic 
partner, parent, natural or legally adopted child, stepchild, sibling, father-in-law, 
mother-in-law, brother-in-law or sister-in-law.  It does not apply to anyone hired or 
promoted in those offices prior to October 1, 2011.