An Act Regarding State Hiring and Retention for Persons with Disabilities
Maine Legislature, Session 128, LD 1361
Committee: State and Local Government
Sponsors: VOLK, HERBIG, BELLOWS, LANGLEY, FECTEAU, HANDY, MASTRACCIO, SYLVESTER, VACHON
Amends: 5 MRSA §7054-C

Legislative Document
No. 1361
S.P. 469
In Senate, April 6, 2017
An Act Regarding State Hiring and Retention for Persons with 
Disabilities
Reference to the Committee on State and Local Government suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative HERBIG of Belfast and
Senators: BELLOWS of Kennebec, LANGLEY of Hancock, Representatives: FECTEAU of 
Biddeford, HANDY of Lewiston, MASTRACCIO of Sanford, SYLVESTER of Portland, 
VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §7054-C is enacted to read: 
§7054-C.  Person with disability preference 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Person with a disability" means a person who has been determined by a qualified 
professional to have a physical or mental impairment that constitutes a substantial 
barrier to employment but who can benefit in terms of an employment outcome from 
the provision of vocational rehabilitation services. 
B.  "Qualified professional" means a vocational rehabilitation counselor or other 
professional with advanced disability training and certification. 
C.  "Special appointment program" means the program established by rule by the 
Department of Administrative and Financial Services, Bureau of Human Resources to 
provide persons with disabilities increased access to positions in the classified 
service. 
D.  "Ticket to Work program" means the Ticket to Work and Self-Sufficiency 
Program under Section 1148 of the federal Social Security Act. 
2.  Interview.  In filling a position in the classified service, the employing agency 
shall offer an interview to a person with a disability who is eligible for the Ticket to Work 
program and who meets the minimum qualifications established for the position and to a 
person who has been determined by a qualified professional to have a disability and who 
meets the minimum qualifications established for the position. 
3.  Guidance and referral if not hired.  If a person with a disability applies for a 
position described in subsection 2 but is not selected, the Department of Administrative 
and Financial Services, Bureau of Human Resources shall provide guidance to the person 
regarding other available state positions, including opportunities in the special 
appointment program, for which the person might qualify.  The Bureau of Human 
Resources may also refer the person to the Department of Labor, Bureau of Rehabilitation 
Services for potential vocational rehabilitation services if the person has not been referred 
by a qualified professional. 
4.  Retention preference.  In any reduction in personnel in the state service, 
employees who are eligible for the Ticket to Work program or who are persons with 
disabilities must be retained in preference to all other competing employees in the same 
classification with equal seniority, status and performance reviews. 
5.  Right to nondisclosure.  A person with a disability or who is eligible for the 
Ticket to Work program has the right to not disclose that person's disability at the time of 
hire but may not assert a right to a retention preference pursuant to subsection 4 at a later 
date. 
SUMMARY 
This bill creates a preference in state hiring that grants an interview to a person with a 
disability who is eligible for the Ticket to Work and Self-Sufficiency Program under the 
federal Social Security Act and who meets the minimum qualifications for the position 
and to a person who has been determined by a qualified professional to have a disability 
and who meets the minimum qualifications for the position.  If the person is not selected 
for the position, the Department of Administrative and Financial Services, Bureau of 
Human Resources must provide guidance to the person regarding other available state 
positions, including opportunities in the bureau's special appointment program for which 
the person might qualify.  The bureau may also refer the person to the Department of 
Labor, Bureau of Rehabilitation Services for vocational rehabilitation services. 
The bill provides that in any reduction in personnel in the state service, employees 
who are eligible for the Ticket to Work and Self-Sufficiency Program or who are persons 
with disabilities must be retained in preference to all other competing employees in the 
same classification with equal seniority, status and performance reviews.