An Act Regarding the Compensation of Assistant Attorneys General and District Attorneys and the Approval of Financial Orders by the Attorney General and Secretary of State
Maine Legislature, Session 128, LD 1281
Committee: Judiciary
Sponsors: HILL, MOONEN, CARPENTER, KATZ, SAVIELLO, FREY, LUCHINI
Amends: 5 MRSA §81, 5 MRSA §191, 5 MRSA §196, 30-A MRSA §255, 30-A MRSA §272

Legislative Document
No. 1281
S.P. 433
In Senate, April 4, 2017
An Act Regarding the Compensation of Assistant Attorneys General 
and District Attorneys and the Approval of Financial Orders by the 
Attorney General and Secretary of State
Submitted by the Department of the Attorney General pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator HILL of York.
Cosponsored by Representative MOONEN of Portland and
Senators: CARPENTER of Aroostook, KATZ of Kennebec, SAVIELLO of Franklin, 
Representatives: FREY of Bangor, LUCHINI of Ellsworth, McLEAN of Gorham.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §81, as amended by PL 1977, c. 674, §1, is further amended by 
adding at the end a new paragraph to read: 
The Secretary of State may approve financial orders for transfers and revisions of and 
increases to allotments within the budget of the Department of the Secretary of State in 
accordance with procedures for financial orders established in the executive branch.  The 
Secretary of State shall provide a copy of each approved financial order to the 
Department of Administrative and Financial Services, Bureau of the Budget, the Office of 
Fiscal and Program Review and the Legislative Council.  Compensation established by 
the Secretary of State for unclassified employees may not in the aggregate exceed the 
amount appropriated for those positions and may not result in an increased request to 
future Legislatures. 
Sec. 2.  5 MRSA §191, sub-§5 is enacted to read: 
5.  Financial orders.  The Attorney General may approve financial orders for 
transfers and revisions of and increases to allotments within the budget of the Department 
of the Attorney General in accordance with procedures for financial orders established in 
the executive branch.  The Attorney General shall provide a copy of each approved 
financial order to the Department of Administrative and Financial Services, Bureau of the 
Budget, the Office of Fiscal and Program Review and the Legislative Council.  
Compensation established by the Attorney General for unclassified employees may not in 
the aggregate exceed the amount appropriated for those positions and may not result in an 
increased request to future Legislatures. 
Sec. 3.  5 MRSA §196, first ¶, as amended by PL 2005, c. 154, §1, is further 
amended to read: 
The Attorney General may appoint one or more deputy attorneys general, assistant 
attorneys general and staff attorneys who serve at the pleasure of the Attorney General or 
until their successors are duly appointed and qualified.  They may perform all the duties 
required of the Attorney General and other duties the Attorney General delegates to them. 
The Attorney General may appoint research assistants with any powers and duties the 
Attorney General delegates. Research assistants may perform duties delegated to them by 
the Attorney General, including activities authorized by Title 4, section 807.  
Notwithstanding any other provisions of law, the compensations of assistant attorneys 
general, staff attorneys, research assistants, the law office manager, the secretary to the 
Attorney General and deputy attorneys general are fixed by the Attorney General.  The 
compensations of the staff attorneys, assistant attorneys general and secretary to the 
Attorney General are fixed by the Attorney General with the approval of the Governor, 
but such compensations may not in the aggregate exceed the amount appropriated for 
those positions and may not result in an increased request to future Legislatures. 
Sec. 4.  30-A MRSA §255, sub-§1, as amended by PL 1989, c. 6; c. 9, §2; and c. 
104, Pt. C, §§8 and 10 and repealed and replaced by c. 501, Pt. O, §18, is amended to 
read: 
1.  Annual salary.  The District Attorney for each of the prosecutorial districts shall 
be is within salary range 90 with the step within that salary range to be determined by the 
Attorney General, subject to the approval of the Governor. 
Sec. 5.  30-A MRSA §272, sub-§3, as amended by PL 1989, c. 6; c. 9, §2; and c. 
104, Pt. C, §§8 and 10 and repealed and replaced by c. 501, Pt. O, §20, is amended to 
read: 
3.  Compensation.  The compensation of deputy and assistant district attorneys shall 
be is fixed by the district attorney, subject to the approval of the Attorney General and the 
Governor.  For purposes of compensation and benefits, deputy and assistant district 
attorneys shall must be treated comparably to assistant attorneys general. 
SUMMARY 
This bill eliminates the requirement that compensation set by the Attorney General 
for assistant attorneys general, staff attorneys, the secretary to the Attorney General, 
District Attorneys and deputy and assistant district attorneys be approved by the 
Governor.  It also allows the Attorney General and the Secretary of State to approve 
financial orders for transfers and revisions of and increases to allotments within the 
budgets of their respective departments.