An Act To Achieve Cost Savings by Eliminating Deputy Commissioner Positions throughout State Government
Maine Legislature, Session 125, LD 0189
Committee: State and Local Government
Sponsors: COTTA, SAVIELLO, FITTS, KNIGHT, WEAVER
Amends: 2 MRSA §6, 5 MRSA §1, 5 MRSA §282, 5 MRSA §933, 5 MRSA §934-A, 5 MRSA §935, 5 MRSA §937, 5 MRSA §938, 5 MRSA §942, 5 MRSA §943, 5 MRSA §945, 5 MRSA §947-B, 5 MRSA §951, 5 MRSA §952, 5 MRSA §13058, 5 MRSA §17710, 5 MRSA §17851, 7 MRSA §5, 12 MRSA §5012, 12 MRSA §6022, 12 MRSA §6023, 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6174, 12 MRSA §6205, 12 MRSA §6372, 12 MRSA §10051, 12 MRSA §10052, 12 MRSA §10053, 12 MRSA §10054, 12 MRSA §10103, 20-A MRSA §203, 22 MRSA §2054, 22-A MRSA §204, 22-A MRSA §205, 22-A MRSA §207, 23 MRSA §4206, 25 MRSA §2804-H, 26 MRSA §1401-B, 36 MRSA §4308, 37-B MRSA §5, 38 MRSA §342

Legislative Document 
No. 189 
H.P. 166 
House of Representatives, January 27, 2011 
An Act To Achieve Cost Savings by Eliminating Deputy 
Commissioner Positions throughout State Government 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative COTTA of China. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: FITTS of Pittsfield, KNIGHT of Livermore Falls, WEAVER of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in light of the current fiscal condition of the State, different methods of 
achieving savings must be examined and implemented as soon as possible; and  
Whereas, this legislation achieves savings by the elimination of certain positions in 
State Government; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  2 MRSA §6, sub-§2, as amended by PL 2007, c. 539, Pt. N, §1 and 
affected by c. 695, Pt. A, §47, is further amended to read: 
2.  Range 90.  The salaries of the following state officials and employees are within 
salary range 90: 
Superintendent of Financial Institutions; 
Superintendent of Consumer Credit Protection; 
State Tax Assessor; 
Superintendent of Insurance; 
Executive Director of the Maine Consumer Choice Health Plan; 
Deputy Commissioner, Department of Administrative and Financial Services; 
Associate Commissioner for Adult Services, Department of Corrections; 
Associate Commissioner for Juvenile Services, Department of Corrections; 
Public Advocate; 
Deputy Commissioner, Department of Health and Human Services; 
Chief Information Officer; 
Associate Commissioner for Legislative and Program Services, Department of 
Corrections; and 
Chief of the State Police. 
Sec. 2.  2 MRSA §6, sub-§4, as repealed and replaced by PL 2007, c. 695, Pt. A, 
§5 and affected by §47, is amended to read: 
4.  Range 88. The salaries of the following state officials and employees are within 
salary range 88: 
Director, Bureau of Air Quality; 
Director, Bureau of Land and Water Quality; 
Director, Bureau of Remediation and Waste Management; 
Deputy Commissioner, Environmental Protection; 
Director, Office of Licensing and Registration; 
Administrator, Office of Securities; and 
Deputy Chief of the State Police. 
Sec. 3.  2 MRSA §6, sub-§6, as amended by PL 2005, c. 405, Pt. D, §4, is further 
amended to read: 
6.  Range 85.  The salaries of the following state officials and employees are within 
salary range 85: 
Director of the Maine Emergency Management Agency; 
Members, Maine Unemployment Insurance Commission; 
Deputy Commissioner of the Department of Defense, Veterans and Emergency 
Management; 
Director of the Bureau of Maine Veterans' Services; and 
Executive Analyst, Board of Environmental Protection. 
Sec. 4.  2 MRSA §6, sub-§11, as amended by PL 2007, c. 539, Pt. N, §2, is 
repealed. 
Sec. 5.  5 MRSA §1, as amended by PL 1975, c. 771, §23, is further amended to 
read: 
§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 the appointive or elective head during such a vacancy, the 
Governor is empowered to appoint a temporary deputy acting commissioner to exercise 
the powers and perform the duties of the appointive or elective head of such an office 
during such a vacancy. The term of office of such a temporary deputy acting 
commissioner so appointed shall be is at the pleasure of the Governor and shall may not 
extend beyond the date of qualification of a successor to the office of appointive or 
elective head of such the agency, board, commission or department or 60 days from the 
date of his appointment as temporary acting commissioner, whichever shall first occur 
occurs. The term of office of such a temporary deputy acting commissioner so appointed 
to an office to which appointments are by law subject to confirmation by the Legislature 
shall be is at the pleasure of the Governor and shall may not extend beyond the date of 
qualification of a successor appointed to such the office or 6 months from the date of 
appointment, whichever shall first occur occurs. Such A temporary deputy acting 
commissioner shall is not be eligible for reappointment. Such A temporary deputy acting 
commissioner shall must be appointed from the personnel of the agency, board, 
commission or department in which such the vacancy occurs. 
During the term of such appointment, the temporary deputy acting commissioner 
shall must 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 the appointive or 
elective head's services with the State Government.  
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.  
An employee in the classified service of the State Government who is appointed as 
temporary acting commissioner retains, during that employee’s tenure as temporary 
acting commissioner, all of the rights and all of the retirement benefits that employee is 
entitled to as a classified employee of the State Government. 
Sec. 6.  5 MRSA §282, first ¶, as amended by PL 2003, c. 673, Pt. C, §1, is 
further amended to read: 
The commissioner may, with the approval of the Governor, appoint a deputy 
commissioner, who is the chief of one of the department bureaus and shall perform the 
duties of the commissioner during the commissioner's absence, in addition to the deputy 
commissioner's regular duties.  The compensation and expense of the deputy 
commissioner is paid from any available funds appropriated for the use of the bureau of 
which the deputy commissioner is chief.  The commissioner may appoint and employ the 
bureau chiefs and the assistant to the commissioner to be under the commissioner's 
immediate supervision, direction and control, and to serve at the commissioner's pleasure 
and perform such duties as the commissioner may prescribe, except as otherwise 
provided by law.  In addition, the commissioner may appoint an associate commissioner 
for administrative services who is not subject to the Civil Service Law and who serves at 
the pleasure of the commissioner. 
Sec. 7.  5 MRSA §282, 2nd ¶, as amended by PL 1985, c. 785, Pt. B, §14, is 
further amended to read: 
The commissioner may employ such other deputies, division heads, assistants and 
employees as may be necessary, subject to the Civil Service Law.  In addition, the 
commissioner may employ a Director of Compliance to carry out departmental 
responsibilities related to:  Labor labor relations and labor contract compliance; human 
rights and affirmative action compliance; and, audit guidelines and other 3rd-party 
compliance requirements.  The Director of Compliance shall serve serves at the pleasure 
of the commissioner. 
Sec. 8.  5 MRSA §282, 3rd ¶ is amended to read: 
In the event of a vacancy in the office of the commissioner because of death, 
resignation, removal from office or other cause, the various bureau chiefs, deputies and 
assistants shall continue in office and shall perform such duties as have been prescribed 
or assigned to them, until said the vacancy has been filled by the appointment and 
qualification of a new commissioner.  
Sec. 9.  5 MRSA §933, sub-§1, ¶A, as amended by PL 2005, c. 337, §1 and 
affected by §4, is repealed. 
Sec. 10.  5 MRSA §934-A, as amended by PL 2005, c. 425, §1, is repealed. 
Sec. 11.  5 MRSA §935, sub-§1, ¶B, as repealed and replaced by PL 1983, c. 
862, §12, is repealed. 
Sec. 12.  5 MRSA §937, sub-§1, ¶A, as amended by PL 2007, c. 1, Pt. D, §1, is 
repealed. 
Sec. 13.  5 MRSA §938, sub-§1-A, ¶A, as enacted by PL 1995, c. 560, Pt. E, §2, 
is repealed. 
Sec. 14.  5 MRSA §942, sub-§1, ¶A, as enacted by PL 1983, c. 729, §4, is 
repealed. 
Sec. 15.  5 MRSA §943, sub-§1, ¶F-1, as repealed and replaced by PL 2005, c. 3, 
Pt. O, §1, is repealed. 
Sec. 16.  5 MRSA §945, sub-§1, ¶A, as amended by PL 2005, c. 519, Pt. S, §1, is 
repealed. 
Sec. 17.  5 MRSA §947-B, sub-§1, ¶F, as enacted by PL 1991, c. 780, Pt. Y, §37, 
is repealed. 
Sec. 18.  5 MRSA §951, sub-§1, ¶A, as enacted by PL 1983, c. 729, §4, is 
repealed. 
Sec. 19.  5 MRSA §952, sub-§1, ¶A, as amended by PL 1997, c. 643, Pt. Q, §4, is 
repealed. 
Sec. 20.  5 MRSA §13058, sub-§1, as amended by PL 2005, c. 425, §4, is further 
amended to read: 
1.  Employ and remove staff.  The commissioner shall employ and remove staff of 
the department.  Persons employed in major policy-influencing positions, as defined in 
section 934-A, and professional Professional staff whose positions were formerly located 
in the State Development Office serve at the pleasure of the commissioner.  The office 
directors serve at the pleasure of the commissioner. 
A.  All professional positions that are unclassified positions and members of 
bargaining units and are transferred to the department from units of State 
Government other than the State Development Office retain their current status, 
including their rights as members of bargaining units.  The position responsible for 
the administration of the tax incentive programs and classified, clerical and other 
nonprofessional staff must be hired pursuant to the Civil Service Law for classified 
state employees. 
B.  The commissioner may employ or engage such outside technical or professional 
consultants as may be necessary or appropriate to assist the office in carrying out its 
functions and may enter into contracts with other boards, commissions, departments 
and divisions of the State, with the University of Maine System or with private 
entities to assist the commissioner in carrying out the commissioner's duties under 
this chapter. 
Sec. 21.  5 MRSA §17710, sub-§2, as amended by PL 1987, c. 739, §§22 and 48, 
is further amended to read: 
2.  Commissioner.  A commissioner or deputy commissioner of the Department of 
Marine Resources may elect to contribute as a member or have pick-up contributions 
made by the employer under section 17701, rather than under this section, by filing a 
written copy of the election of choice with the board. 
Sec. 22.  5 MRSA §17851, sub-§7, as amended by PL 1987, c. 739, §§26 and 48, 
is further amended to read: 
7.  Marine Resources commissioner.  A commissioner or deputy commissioner of 
the Department of Marine Resources qualifies for a service retirement benefit if he the 
commissioner: 
A.  Qualifies under subsection 6; and 
B.  Contributed or had pick-up contributions made by the employer as a law 
enforcement officer under section 17710, subsection 1. 
Sec. 23.  7 MRSA §5, as amended by PL 1997, c. 643, Pt. NN, §3, is repealed. 
Sec. 24.  12 MRSA §5012, 2nd ¶, as amended by PL 2009, c. 213, Pt. L, §2, is 
further amended to read: 
The commissioner has the power to appoint a deputy commissioner and bureau heads 
and other staff of the department, subject to the Civil Service Law, and prescribe their 
duties as necessary for the proper performance of the duties of the department. 
Sec. 25.  12 MRSA §5012, 3rd ¶, as amended by PL 2009, c. 213, Pt. L, §3, is 
further amended to read: 
The deputy commissioner and bureau heads serve at the pleasure of the 
commissioner, except that dismissal of the Executive Director of the Maine Land Use 
Regulation Commission requires the consent of a majority of the members of that 
commission. 
Sec. 26.  12 MRSA §6022, sub-§3, as amended by PL 1989, c. 348, §3, is further 
amended to read: 
3.  Organization and personnel.  The commissioner shall organize the department 
into the administrative units which that the commissioner decides are necessary to carry 
out its duties. The commissioner shall hire all necessary employees of the department 
subject to the Civil Service Law, except that persons in the following positions shall be 
are appointed by and serve at the pleasure of the commissioner: Deputy Commissioner; 
Chief, Bureau of Marine Patrol;, and Assistant to the Commissioner for Public 
Information.  The Chief of the Bureau of Marine Patrol shall must be appointed from 
among the patrol personnel of the bureau with the rank of sergeant or higher.  In the event 
that the Chief of the Bureau of Marine Patrol is not reappointed, that person shall have 
has the right to be restored to the classified position from which that person shall have 
been was promoted or to a position equivalent thereto in salary grade without impairment 
of that person's personnel status or the loss of seniority, retirement or other rights to 
which uninterrupted service in the classified position would have entitled that person.  If 
that person's service in the position of Chief of the Bureau of Marine Patrol shall be is 
terminated for cause, that person's right to be so restored shall must be determined by the 
State Civil Service Appeals Board. 
Sec. 27.  12 MRSA §6023, as amended by PL 1979, c. 541, Pt. B, §73, is further 
amended to read: 
§6023.  Delegation of duties 
The commissioner shall designate a deputy commissioner, who shall serve at the 
pleasure of the commissioner. The deputy commissioner shall be responsible, under the 
direction of the commissioner, for the administration and enforcement of the marine 
resources' laws and shall have all the powers of a marine patrol officer. He shall serve as 
the commissioner in the commissioner's absence or disability or if the office of the 
commissioner becomes vacant. The commissioner may appoint an appropriate 
administrative officer in the department to perform the functions of the commissioner if 
both the commissioner and deputy commissioner are is disabled or absent. 
Sec. 28.  12 MRSA §6072, sub-§1, as amended by PL 2003, c. 247, §2, is further 
amended to read: 
1.  Authority. The commissioner may lease areas in, on and under the coastal waters, 
including the public lands beneath those waters and portions of the intertidal zone, for 
scientific research or for aquaculture of marine organisms. The commissioner may grant a 
lease to any person. Except as provided in this Part, the commissioner's power to lease 
lands under this section is exclusive.  For the purposes of this section, the deputy 
commissioner may serve in the place of the commissioner.  For the purposes of this 
section, the commissioner or the deputy commissioner serving in the place of the 
commissioner may authorize in writing qualified professional department staff to sign 
lease documents. 
Sec. 29.  12 MRSA §6072-A, sub-§1, as amended by PL 2003, c. 247, §9, is 
further amended to read: 
1.  Authority. The commissioner may issue a limited-purpose lease for areas in, on 
and under the coastal waters, including the public lands beneath those waters and portions 
of the intertidal zone, for commercial aquaculture research and development or for 
scientific research.  The commissioner or the deputy commissioner acting on the 
commissioner's behalf may authorize in writing qualified professional department staff to 
issue a final decision and sign a lease document on an application for a limited-purpose 
lease.  A decision issued by department staff pursuant to this subsection is a final agency 
action with respect to that lease application. 
Sec. 30.  12 MRSA §6174, sub-§2, as amended by PL 2003, c. 248, §3, is further 
amended to read: 
2.  Proof of rules.  A certified copy of a rule is admissible in court to prove the rule 
and is prima facie evidence that the rule was properly adopted.  A rule must be personally 
certified by the commissioner, deputy commissioner or Chief of the Bureau of Marine 
Patrol and must be accompanied by a signed statement that it was in force on the date of 
the alleged violation.  The certified copy is admissible in evidence on the testimony of a 
marine patrol officer that the patrol officer received the certified rule after requesting it by 
telephone or otherwise from the department.  No further foundation is necessary for the 
admission of the certified copy. 
Sec. 31.  12 MRSA §6205, as amended by PL 1979, c. 541, Pt. B, §73, is further 
amended to read: 
§6205.  Certificate as evidence 
A certificate of the commissioner, deputy commissioner or Chief of the Bureau of 
Marine Patrol stating what the records of the department show shall be is admissible as 
evidence in all courts as proof of the department records. A certificate stating that the 
records do not show that a person held a license shall be is prima facie evidence that the 
person did not hold the license on the date specified in the certificate. The certified copy 
shall be is admissible in evidence on the testimony of a an officer that he the officer 
received the certificate after requesting it by telephone or otherwise from the department. 
No further foundation shall be is necessary for the admission of the certificate. 
Sec. 32.  12 MRSA §6372, sub-§3, ¶E, as enacted by PL 1977, c. 661, §5, is 
amended to read: 
E.  Presiding officer, Title 5, section 9062, subsections 3 and 4, except the presiding 
officer shall must be the commissioner or deputy commissioner. 
Sec. 33.  12 MRSA §10051, 2nd ¶, as repealed and replaced by PL 2009, c. 652, 
Pt. A, §13, is further amended to read: 
The department consists of the Commissioner of Inland Fisheries and Wildlife, a 
deputy commissioner, the Division of Licensing, Registration and Engineering, the 
Bureau of Resource Management and the Bureau of Warden Service. The department 
also includes the Advisory Board for the Licensing of Guides and whatever state agencies 
that are designated. The department is under the control and supervision of the 
commissioner. 
Sec. 34.  12 MRSA §10052, first ¶, as amended by PL 2009, c. 340, §2, is further 
amended to read: 
The Division of Licensing, Registration and Engineering is established within the 
Department of Inland Fisheries and Wildlife. The division is equal in organizational level 
and status with other major organizational units within the department or its successors. 
The division is administered by a director who is immediately responsible to the deputy 
commissioner. The director possesses full authority and responsibility for administering 
all the powers and duties of the division, subject to the direction of the commissioner and 
except as otherwise provided by statute. The responsibilities of the division include, but 
are not limited to: 
Sec. 35.  12 MRSA §10053, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
The Bureau of Resource Management is established within the Department of Inland 
Fisheries and Wildlife. The bureau is equal in organizational level and status with other 
major organizational units within the department or its successors. The bureau is 
administered by a director who is immediately responsible to the deputy commissioner. 
The director possesses full authority and responsibility for administering all the powers 
and duties of the bureau, subject to the direction of the commissioner and except as 
otherwise provided by statute. The responsibilities of the bureau include, but are not 
limited to: 
Sec. 36.  12 MRSA §10054, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
The Bureau of Warden Service is established within the Department of Inland 
Fisheries and Wildlife. It is equal in organizational level and status with other major 
organizational units within the department or its successors. The bureau is administered 
by a director who is immediately responsible to the deputy commissioner. The director is 
the Game Warden Colonel and is employed pursuant to section 10103, subsection 3 and 
Title 5, chapter 59, which are applicable to this position.  The director possesses full 
authority and responsibility for administering all the powers and duties of the bureau, 
subject to the direction of the commissioner and except as otherwise provided by statute. 
The responsibilities of the bureau include, but are not limited to: 
Sec. 37.  12 MRSA §10103, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1.  Delegation of duties.  The commissioner shall appoint, to serve at the 
commissioner's pleasure, the Deputy Commissioner of Inland Fisheries and Wildlife, who 
must be qualified by training and experience in fisheries and wildlife management or 
conservation law enforcement. Under the commissioner's direction, the deputy 
commissioner assists in the administration of the department.  The deputy commissioner 
serves as the commissioner if the commissioner is disabled or absent or if the office of the 
commissioner becomes vacant.  The commissioner may appoint an appropriate 
administrative officer in the department to perform the functions of the commissioner if 
both the commissioner and deputy commissioner are is disabled or absent. 
Sec. 38.  12 MRSA §10103, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
3.  Employment of personnel.  The commissioner shall employ, subject to the Civil 
Service Law, such employees as are necessary to carry out the duties of the department, 
except that persons in the following positions are appointed by and serve at the pleasure 
of the commissioner:  deputy commissioner; Game Warden Colonel; and Assistant to the 
Commissioner for Public Information. 
The Game Warden Colonel is appointed from among the game wardens of the 
department.  In the event that the Game Warden Colonel is not reappointed, the Game 
Warden Colonel has the right to be restored to the classified position from which the 
Game Warden Colonel was promoted or to a position equivalent in salary grade in an 
agency, without impairment of personnel status or the loss of seniority, retirement or 
other rights to which uninterrupted service in the classified position would have entitled 
the Game Warden Colonel.  If service in that unclassified supervisory position is 
terminated for cause, the right to be restored to that position must be determined by the 
State Civil Service Appeals Board. 
Sec. 39.  20-A MRSA §203, sub-§1, ¶A, as amended by PL 2009, c. 571, Pt. W, 
§1, is repealed. 
Sec. 40.  22 MRSA §2054, sub-§1, as amended by PL 1993, c. 390, §10 and PL 
2001, c. 44, §11 and affected by §14 and amended by PL 2003, c. 689, Pt. B, §7, is 
further amended to read: 
1.  Authority.  The Maine Health and Higher Educational Facilities Authority, 
established by Title 5, chapter 379, is constituted a public body corporate and politic and 
an instrumentality of the State, and the exercise by the authority of the powers conferred 
by this chapter is deemed and held to be the performance of an essential public function.  
The authority consists of 12 members, one of whom must be the Superintendent of 
Financial Institutions, ex officio; one of whom must be the Commissioner of Health and 
Human Services, ex officio; one of whom must be the Commissioner of Education, ex 
officio; one of whom must be the Treasurer of State, ex officio; and 8 of whom must be 
residents of the State appointed by the Governor.  Not more than 4 of the appointed 
members may be members of the same political party.  Three of the appointed members 
must be trustees, directors, officers or employees of health care facilities and one of these 
appointed members must be a person having a favorable reputation for skill, knowledge 
and experience in state and municipal finance, either as a partner, officer or employee of 
an investment banking firm that originates and purchases state and municipal securities, 
or as an officer or employee of an insurance company or bank whose duties relate to the 
purchase of state and municipal securities as an investment and to the management and 
control of a state and municipal securities portfolio.  Of the 3 members first appointed 
who are trustees, directors, officers or employees of hospitals, one shall serve for 2 years, 
one for 3 years and one for 4 years.  Of the 5 remaining members initially appointed, one 
shall serve for one year, one for 2 years, one for 3 years, one for 4 years and one for 5 
years.  For the 2 members whose terms expire in 1980 and 1981, the Governor shall 
appoint as successors, for terms of 5 years each, persons who are trustees, members of a 
corporation or board of governors, officers or employees of institutions for higher 
education.  Annually, the Governor shall appoint, for a term of 5 years, a successor to the 
member whose term expires.  Members shall continue in office until their successors have 
been appointed and qualified.  The Governor shall fill any vacancy for the unexpired 
terms.  A member of the authority is eligible for reappointment.  Any non-ex officio 
member of the authority may be removed by the Governor, after hearing, for misfeasance, 
malfeasance or willful neglect of duty.  Each member of the authority before entering 
upon the member's duties must take and subscribe the oath or affirmation required by the 
Constitution of Maine, Article IX.  A record of each such oath must be filed in the office 
of the Secretary of State.  The Superintendent of Financial Institutions, the Treasurer of 
State, the Commissioner of Health and Human Services and the Commissioner of 
Education may designate their deputies any member of their staffs to represent them with 
full authority and power to act and vote in their behalf or, in the case of the 
Superintendent of Financial Institutions, the Commissioner of Health and Human 
Services and the Commissioner of Education, any member of their staffs to represent 
them as members at meetings of the authority with full power to act and, in the case of 
the Superintendent of Financial Institutions, the Commissioner of Health and Human 
Services and the Commissioner of Education, to vote in their behalf. 
Sec. 41.  22-A MRSA §204, sub-§2, as enacted by PL 2003, c. 689, Pt. A, §1, is 
amended to read: 
2.  Vacancy.  A vacancy in the office of the commissioner must be filled as follows. 
A.  Any vacancy of the commissioner's position must be filled in accordance with 
Title 5, section 1. 
B.  The commissioner shall appoint one of the department's deputy commissioners to 
perform the duties of the commissioner, in addition to the duties of that deputy 
commissioner, during the commissioner's temporary absence or disability. 
Sec. 42.  22-A MRSA §205, sub-§4, as amended by PL 2007, c. 539, Pt. N, §44, 
is further amended to read: 
4.  Appointments.  All deputy commissioners, all office directors, the regional 
systems integration directors and the superintendents of any state institutions are 
appointed by the commissioner and serve at the pleasure of the commissioner.   
Deputy commissioners and office Office directors appointed pursuant to this subsection 
must have educational qualifications and professional experience directly related to the 
functions of and services provided by the relevant unit or office. 
Sec. 43.  22-A MRSA §207, sub-§2, as enacted by PL 2007, c. 539, Pt. N, §46, is 
amended to read: 
2.  Appointments of employees.  The commissioner's powers to appoint any deputy 
commissioner and other employees are as set out in this subsection. 
A.  The commissioner may appoint, subject to the Civil Service Law and except as 
otherwise provided, any employees who may be necessary. 
B.  The commissioner may appoint and set the salaries for one or more deputy 
commissioners to assist in carrying out the responsibilities of the department.  Each 
appointment must be for an indeterminate term and until a successor is appointed and 
qualified or at the pleasure of the commissioner. 
C.  The commissioner, with the approval of the Governor, may employ and set the 
salaries up to the maximum adjusted pay grade for clinical director positions. Clinical 
director positions are excluded from the definition of state employee under Title 26, 
section 979-A, subsection 6 and are not subject to the Civil Service Law. Employees 
in that classification hired after July 1, 1989 serve at the pleasure of the commissioner 
and must, as a condition of continued employment, maintain clinical privileges to 
practice medicine as determined by the respective medical staff and the 
superintendent of the facility. 
D.  Employees in the classification of clinical director may elect to retain current 
bargaining unit and civil service status. Employees so grandfathered retain salary and 
benefit entitlements provided for in current pay schedules and collective bargaining 
agreements. 
Sec. 44.  22-A MRSA §207, sub-§3, as enacted by PL 2007, c. 539, Pt. N, §46, is 
amended to read: 
3.  Delegation.  The commissioner's delegation powers are as set out in this 
subsection. 
A.  The commissioner may delegate powers and duties given under this Title to any 
deputy commissioner and chief administrative officers of state institutions. 
B.  The commissioner may empower any deputy commissioner and chief 
administrative officers of state institutions to delegate further powers and duties 
delegated to them by the commissioner. 
Sec. 45.  23 MRSA §4206, sub-§4, as amended by PL 1985, c. 785, Pt. B, §105, 
is further amended to read: 
4.  Personnel. The commissioner may appoint such deputies, directors, assistants, 
general counsel and other officers and employees as may be needed for the performance 
of his the commissioner's duties. These appointments shall be are subject to the Civil 
Service Law, except for the following who shall serve at the pleasure of the 
commissioner: Deputy Commissioners of Transportation; Chief Counsel, Bureau of Legal 
Services; Assistant to the Commissioner; and Assistant to the Commissioner for Public 
Information. 
Sec. 46.  23 MRSA §4206, sub-§7, as enacted by PL 1971, c. 593, §16, is 
amended to read: 
7.  Delegation. The commissioner may delegate to deputies, directors, assistants and 
other officers and employees of the department such of his those duties as he deems the 
commissioner determines appropriate. 
Sec. 47.  25 MRSA §2804-H, as amended by PL 2001, c. 559, Pt. EE, §2, is 
further amended to read: 
§2804-H.  Continuing certification 
If the commissioner or deputy commissioner is a law enforcement officer who is 
certified under sections 2804-B and 2804-C, the officer's certification does not lapse 
during the period the officer serves as commissioner or deputy commissioner. 
Sec. 48.  26 MRSA §1401-B, sub-§1, ¶B, as amended by PL 2007, c. 1, Pt. D, 
§4, is further amended to read: 
B.  The commissioner shall appoint to serve at the commissioner's pleasure: 
(2)  Assistant to the Commissioner for Public Affairs; 
(3)  Deputy Commissioner; 
(4)  Director, Bureau of Labor Standards; 
(5)  Beginning April 15, 1996, Executive Director, Bureau of Employment 
Services; 
(6)  Executive Director, Office of Operations; and 
(7)  Director, Bureau of Rehabilitation Services. 
Sec. 49.  36 MRSA §4308, as amended by PL 1997, c. 511, §17, is further 
amended to read: 
§4308.  Inspection 
The State Tax Assessor or the assessor's duly authorized agents have authority to 
enter any place of business of any processor or shipper or any car, boat, truck or other 
conveyance in which wild blueberries are to be transported and to inspect any books or 
records of any processor or shipper, or any premises where wild blueberries are stored, 
handled, transported or merchandised, for the purpose of determining what wild 
blueberries are taxable under this chapter or for the purpose of determining the truth or 
falsity of any statement or return made by any processor or shipper, and the State Tax 
Assessor may delegate that power to the Commissioner of Agriculture, Food and Rural 
Resources, or the commissioner's deputies, agents or employees. 
Sec. 50.  37-B MRSA §5, as enacted by PL 1997, c. 643, Pt. Q, §6, is repealed. 
Sec. 51.  38 MRSA §342, sub-§5-A, as amended by PL 1995, c. 560, Pt. E, §4, is 
further amended to read: 
5-A.  Designation of directors.  The commissioner may employ, to serve at his the 
commissioner's pleasure, the following: 
A.  A deputy commissioner; 
C.  Directors as defined in Title 5, section 938, subsection 1-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2011. 
SUMMARY 
This bill eliminates, by the end of fiscal year 2010-11, all deputy commissioner 
positions in State Government.