An Act To Partially Fund Tax Breaks for the Wealthy by Eliminating Certain Gubernatorial Benefits
Maine Legislature, Session 126, LD 0858
Committee: State and Local Government
Sponsors: RUSSELL
Amends: 2 MRSA §1-A, 5 MRSA §285, 5 MRSA §17652

Legislative Document 
No. 858 
H.P. 609 
House of Representatives, March 5, 2013 
An Act To Partially Fund Tax Breaks for the Wealthy by 
Eliminating Certain Gubernatorial Benefits 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative RUSSELL of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  2 MRSA §1-A, as amended by PL 2011, c. 606, §1, is repealed. 
Sec. 2.  5 MRSA §285, sub-§1, ¶A, as corrected by RR 2011, c. 1, §4, is 
amended to read: 
A.  Each appointed or elective officer or employee of the State who is eligible for 
membership in the Maine Public Employees Retirement System, Legislative 
Retirement Program or the State Police Retirement System, except the Governor; 
Sec. 3.  5 MRSA §17652, sub-§1, as amended by PL 2011, c. 449, §3, is further 
amended to read: 
1.  Elected and appointed officials.  Membership in the State Employee and Teacher 
Retirement Program is optional for elected officials or officials appointed for a fixed 
term, except the Governor, who may not be a member.  A person must make an election 
at the time of initial hire whether to be a member of the program.  Once an election is 
made under this subsection, the election is irrevocable with respect to all subsequent 
employment with the same employer when membership in the program is not mandatory. 
Sec. 4.  Sale of Blaine House.  The state property described in subsection 2, 
known as "the Blaine House" and referred to in this section as "the property," must be 
sold pursuant to the provisions of this section. 
1. Authority to convey state property.  Notwithstanding any other provision of law, 
the State, by and through the Commissioner of Administrative and Financial Services, 
shall: 
A.  Convey by sale any or a portion of the interests of the State in the property with 
the buildings and improvements, together with all appurtenant rights and easements, 
and all personal property located on the property, including vehicles, machinery, 
equipment and supplies; 
B.  Commission a survey of the property and negotiate, draft, execute and deliver any 
documents necessary to settle any boundary line discrepancies; 
C.  Exercise, pursuant to the Maine Revised Statutes, Title 23, chapter 3, subchapter 
3, the power of eminent domain to quiet for all time any possible challenges to 
ownership of the property; 
D.  Negotiate, draft, execute and deliver any easements or other rights that, in the 
commissioner's discretion, may contribute to the value of a proposed sale of the 
State's interests; and 
E.  Release any interests in the property that, in the commissioner's discretion, do not 
contribute to the value of the remaining state property. 
2.  Property interests that may be conveyed.  The property authorized to be sold is 
a parcel or parcels of land and buildings, or any portion of the parcel or parcels of land 
and buildings, in the City of Augusta, known as "the Blaine House," located at 192 State 
Street, and any associated land and parking areas as may be necessary in the 
determination of the Commissioner of Administrative and Financial Services, including, 
but not limited to, all or a portion of the property described in a deed recorded in the 
Kennebec County Registry of Deeds Book 572, Page 188.  
3.  Property to be sold "as is."  The Commissioner of Administrative and Financial 
Services may advertise the property for sale and negotiate and execute purchase and sale 
agreements upon terms the commissioner considers appropriate; however, the property 
must be sold "as is," with no representations or warranties.  Title must be transferred by 
quitclaim deed without covenant or release deed and executed by the commissioner. 
4.  Exemptions.  Any conveyance pursuant to this Act is exempt from the provisions 
in the Maine Revised Statutes, Title 5, section 1783 and any statutory or regulatory 
requirement that the property first be offered to the Maine State Housing Authority or 
another state or local agency or offered through competitive bidding. 
5.  Appraisal.  The Commissioner of Administrative and Financial Services shall 
have the current market value of the property determined by an independent appraiser at 
the expense of the buyer and may use the appraised value in negotiating a purchase and 
sale agreement under subsection 3. 
6.  Proceeds.  The proceeds from the sale of the property must be transferred to the 
Treasurer of State for deposit into the General Fund. 
SUMMARY 
This bill repeals the provision that provides the Governor a retirement allowance, 
excepts the Governor from eligibility for the State Employee and Teacher Retirement 
Program and any state employee group health plan and authorizes the Commissioner of 
Administrative and Financial Services to sell the Blaine House, with the proceeds to be 
deposited into the General Fund.