An Act To Provide Stability and Continuity in the Department of Education
Maine Legislature, Session 128, LD 0379
Committee Amendment CA_A_S170 (Senate)
Amends: 5 MRSA §1, 20-A MRSA §251

COMMITTEE AMENDMENT "A" to S.P. 120, L.D. 379, Bill, "An Act To 
Provide Stability and Continuity in the Department of Education" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Stability and Continuity in Leadership of State Agencies' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §1, as amended by PL 1975, c. 771, §23, is further amended to 
read: 
§1. Appointment of temporary officials; removal; salary; posting of nominations 
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 SHeh the appointive or elective head during SHeh the vacancy, the 
Governor is empowered to appoint a temporary deputy commissioner to exercise the 
powers and perform the duties of the appointive or elective head of SHeh the office during 
ffi:l6ft the vacancy. The term of office of SHeh ~ temporary deputy commissioner so 
appointed shall be!§. at the pleasure of the Governor and 4all may not extend beyond the 
date of qualification of a successor to the office of appointive or elective head of SHeh the 
agency, board, commission or department or 60 days from the date of ffiS appointment, 
whichever 4all first eeeHF occurs. The term of office of SHeh a temporary deputy 
commissioner so appointed to an office to which appointments are by law subject to 
confirmation by the Legislature shall be !§. at the pleasure of the Governor and shall may 
not extend beyond the date of qualification of a successor appointed to SHeh the office or 
months from the date of appointment, whichever shall first eeeHF occurs. &!eh A 
temporary deputy commissioner 4all !§. not be eligible for reappointment. &!eh A 
temporary deputy commissioner shall must be appointed from the personnel of the 
agency, board, commission or department in which 5l:l6ft the vacancy occurs. 
Page I - 128LR1945(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE A!VIENDMENT" A" to S.P. 120, L.D. 379 
During the term of 5-H6ft appointment, the ~ temporary deputy commissioner shall 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 that employee, during the term of 
his appointment as temporaiy deputy commissioner, retam retains all of the rights and all 
of the retirement benefits to which he may be that employee is entitled as a classified 
employee of the State Government. 
Notwithstanding any other provision oflaw to the contrary, the Governor shall post 
nominations to fill vacancies in the office of the commissioner of executive branch 
departments in accordance with this section. 
1. Nomination of candidate to fill vacancy in the office of the commissioner. 
Except as provided in subsection 2, the Governor shall, within 90 days of a vacancy in the 
office of the commissioner of an executive branch department, post the nomination of a 
candidate for commissioner in accordance with Title 3, section 154. In the event a 
candidate nominated to fill a vacancy in the office of the commissioner in accordance 
with this subsection is not confinned by the Legislature, the Governor shall, within 90 
days of the Senate confirmation vote pursuant to Title 3, section 158, post the nomination 
of an alternative candidate. 
2. Nomination of candidate to fill vacancy; Commissioner of Education. For the 
Commissioner of Education, appointed pursuant to Title 20-A, section 251, subsection 1, 
the Governor shall, within 120 days of a vacancy in the office of the commissioner, post 
the nomination of a candidate for commissioner in accordance with Title 3, section 154. 
In the event a candidate nominated to fill a vacancy in the office of Commissioner of 
Education in accordance with this subsection is not confirmed by the Legislature, the 
Governor shall, within 120 days of the Senate confirmation vote pursuant to Title 3, 
section 15 8, post the nomination of an alternative candidate. 
Sec. 2. 20-A MRSA §251, sub-§3 is enacted to read: 
3. Nomination to fill vacancy. The nomination of a candidate to fill a vacancy in 
the office of the commissioner must be made in accordance with Title 5, section 1, 
subsection 2.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces the 
bill, which is a concept draft. The amendment requires the Governor to nominate a 
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candidate for commissioner of an executive branch department, · other than the 
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Department of Education, within 90 days of a vacancy in the position of commissioner 
8 
and, in the event a candidate nominated to fill a vacancy is not confirmed by the 
Legislature, requires the Governor to post a nomination of an alternative candidate within 
days of the Senate confirmation vote. For a vacancy in the office of the Commissioner 
of Education, the amendment provides 120 days for the nomination to allow for the 
required review by the State Board of Education prior to posting the nomination of a 
candidate. In the event the candidate is not confirmed by the Legislature, the atnendment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 120, L.D. 379 
provides an additional 120 days for the Governor to post the nomination of an alternative 
candidate. 
COMMITTEE AMENDMENT