An Act To Deny Employment-related Benefits to State Employees Convicted of a Felony Involving the Misuse or Theft of Government Funds
Maine Legislature, Session 126, LD 1074
Committee: State and Local Government
Sponsors: KUSIAK
Amends: 3 MRSA §2, 5 MRSA §7051, 5 MRSA §17062, 17-A MRSA §1160

Legislative Document 
No. 1074 
H.P. 767 
House of Representatives, March 19, 2013 
An Act To Deny Employment-related Benefits to State Employees 
Convicted of a Felony Involving the Misuse or Theft of Government 
Funds 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KUSIAK of Fairfield.  (BY REQUEST) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  3 MRSA §2, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is further 
amended by adding at the end a new paragraph to read: 
The salary, expenses and travel of a member under this section are subject to the 
provisions of Title 5, section 7051, subsection 8 and section 17062, subsection 1, 
paragraph A-1. 
Sec. 2.  5 MRSA §7051, sub-§8 is enacted to read: 
8.  Compensation after conviction of a crime involving theft or misuse of public 
funds.  Notwithstanding the provisions of subsection 7 or any applicable labor contract, if 
a classified or unclassified employee is convicted of a crime with penalties equal to or 
greater than the penalties for a Class C crime and the crime involved the misuse or theft 
of public funds, the court shall order the forfeiture of the employee's right to receive any 
earned or future compensation or benefit of any kind from the State. 
Sec. 3.  5 MRSA §17062, sub-§1, ¶A, as enacted by PL 2011, c. 606, §12, is 
amended to read: 
A.  If the penalties for the crime are greater than or equal to or greater than the 
penalties for a Class C crime, except for a crime under paragraph A-1, the court may 
order the forfeiture of the member's right to receive any benefit or payment of any 
kind under this Part except a return of the amount contributed by the member to the 
retirement system without interest, subject to paragraph B. 
Sec. 4.  5 MRSA §17062, sub-§1, ¶A-1 is enacted to read: 
A-1.  If the penalties for the crime are equal to or greater than the penalties for a 
Class C crime and the crime involved the misuse or theft of public funds, the court 
shall order the forfeiture of the member's right to receive any benefit or payment of 
any kind under this Part. 
Sec. 5.  17-A MRSA §1160 is enacted to read: 
§1160.  Crimes by state employees involving theft or misuse of public funds 
If a person is convicted of a crime involving the theft or misuse of public funds 
committed while the person was an employee of the State and the penalties for the crime 
are equal to or greater than the penalties for a Class C crime, the court shall follow the 
provisions of Title 5, section 7051, subsection 8 and section 17062, subsection 1, 
paragraph A-1. 
SUMMARY 
This bill provides that if a person is convicted of a crime with penalties equal to or 
greater than the penalties for a Class C crime and the crime involves the misuse or theft 
of public funds and was committed when the person was a state employee, a court must 
order the forfeiture of any earned or future compensation or benefits, including benefits 
under the Maine Public Employees Retirement System.