An Act To Make References to the Governor and Supreme Judicial Court Justices Gender Neutral
Maine Legislature, Session 129, LD 1457
Committee Amendment CA_A_H565 (House)
Amends: 3 MRSA §2, 3 MRSA §21, 3 MRSA §22, 3 MRSA §41, 3 MRSA §42, 3 MRSA §124, 3 MRSA §162, 3 MRSA §165, 3 MRSA §168, 3 MRSA §173, 3 MRSA §224, 3 MRSA §228, 3 MRSA §231, 3 MRSA §402, 3 MRSA §429, 3 MRSA §473, 3 MRSA §701, 3 MRSA §854

COMMITTEE AMENDMENT "JI" to H.P. 1069, L.D. 1457, Bill, "An Act To 
Make References to the Governor and Supreme Judicial Court Justices Gender Neutral" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Make Certain References in the Maine Revised Statutes Gender-neutral' 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 3 MRSA §2, 2nd 1, as amended by PL 1985, c. 166, is further amended 
to read: 
The first regular session of the Legislature, after its convening, shall adjourn no later 
than the 3rd Wednesday in June and the 2nd regular session of the Legislature shall 
adjourn no later than the 3rd Wednesday in April. The Legislature, in case of emergency, 
may by a vote of 2/3 of the members of each House present and voting, extend the date 
for adjournment for the first or 2nd regular session by no more than 5 legislative days, 
and in case of further emergency, may by a vote of 2/3 of the members of each House 
present and voting, further extend the date for adjournment by 5 additional legislative 
days. The times for adjournment for the first and 2nd regular sessions may also be 
extended for one additional legislative day for the purpose of considering possible 
objections of the Governor to any bill or resolution presented to hlm the Governor by the 
Legislature under the Constitution of Maine, Article IV, Part Third, Section 2. 
Sec. 12. 3 MRSA §2, 5th 1, as amended by PL 1987, c. 402, Pt. B, §1, is further 
amended to read: 
Each member of the Senate and House of Representatives shall must be reimbursed 
for actual regular airfare expenses from his the member's place of abode to Augusta for 
one round trip each week when the Legislature is in regular session and, when the 
Legislature is not in regular session, for days when meetings or daily sessions are held, 
proy;ided tha-t: The as long as the distance from his the member's place of abode to 
Augusta is more than 150 miles, the mileage is determined by the most reasonable direct 
route and reimbursement will-be i§ capped at commercial flight rate. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1069, L.D. 1457 
Sec. 13. 3 MRSA §21, as amended by PL 1967, c. 503, §1, is further amended to 
read: 
§21. Organization 
The Secretary of the preceding Senate, at the time and place appointed for the 
meeting of the Legislature, shall call the Senators-elect present to order, and from the 
certified roll furnished him to the secretary call their names, and if a quorum respond, he 
the secretary shall preside until they are qualified and a President is elected. If no quorum 
appear he the secretary shall preside, and the Senators-elect present shall adjourn from 
day to day, but shall transact no business, except to go into convention to fill vacancies, 
O 
until a quorum appear and are qualified and a President is elected. After the election of 
the President, the Senate shall proceed to elect by ballot a secretary and an assistant 
secretary. 
In case of vacancy in the office of such secretary or his in the secretary's absence or 
the secretary's inability to perform the duties, the saia secretary's assistant shall perform 
the duties shall bti p&formtid by his assistant. 
If the Secretary of the Senate and his the secretary's assistant are absent at the time set 
for convening the Senate, their duties shall must be performed by the Secretary of State or 
his the Secretary of State's deputy. 
Sec. 14. 3 MRSA §22, as amended by PL 1983, c. 32, Pt. I, §1, is further amended 
to read: 
§22. Secretary and assistant secretary; salaries and duties 
The Secretary of the Senate shall perform the usual duties of the office during the 
session of the Legislature, file and index all papers, whieh that have been subject to 
adverse legislative action, and index and supervise the preparation of the permanent 
senate journal. He The secretary shall perform the duties required ef-him by sections 21 
and 23. He The secretary shall deliver to the State Archivist all papers on file in the office 
of the Secretary of the Senate whieh that were considered by a session of the Legislature 
held more than 5 years previously, and the State Archivist shall inspect saia those papers 
and preserve those having permanent value. 
The Assistant Secretary of the Senate shall reeeivti is entitled to a salary as provided 
by law and shall work under the direction of the secretary. 
All fees, charges, emoluments and other receipts of whatever nature, ,.vhloh that may 
be payable to the Secretary of the Senate, the Assistant Secretary of the Senate or any 
employee thereof, excepting their lawful salaries and expenses properly payable to them, 
shall must be credited to the General Fund and no Secretary of the Senate, Assistant 
Secretary of the Senate or employee shall may directly or indirectly receive a private 
benefit or gain from the sale or distribution of any material, information or reports from 
the records of such Secretary of the Senate. 
The President of the Senate may authorize the Secretary of the Senate and the 
Assistant Secretary of the Senate to serve on a full-time basis when the Legislature is not 
in regular or special session. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1069, L.D. 1457 
Sec. 15. 3 MRSA §41, as amended PL 1967, c. 503, §2, is further amended to 
read: 
§41. Organization 
The Clerk of the preceding House of Representatives in the same manner as provided 
for the Senate shall call the Representatives-elect to order and preside until they are 
qualified and elect a Speaker. If no quorum appeai' he appears. the clerk shall preside, 
and the Representatives-elect present shall adjourn from day to day until a quorum~ 
appears and ai'e !§. qualified and a Speaker is elected. After the election of the Speaker, the 
House of Representatives shall proceed to elect by ballot a clerk and an assistant clerk. 
All revenues received by the document clerk in the performance of his the document 
clerk's duties shall must be credited to the General Fund. 
In case of vacancy in the office of s-ooh the clerk, or his the clerk's absence or 
inability to perform the duties aforssaid, the said the clerk's assistant shall perform the 
duties shall be perfo1med by his assistant. 
If the Clerk of the House and his the clerk's assistant are absent at the time set for 
convening the House, their duties shall must be performed by the Secretary of State or his 
the Secreta1y of State's deputy. 
Sec. 16. 3 MRSA §42, as amended by PL 1983, c. 32, Pt. I, §2, is further amended 
to read: 
§42. Clerk and assistant clerk; salaries and duties 
The Clerk of the House of Representatives shall perform the usual duties of his the 
clerk's office during the session of the Legislature and index the house joumal. In the 
months of November and December next preceding the convening of the regular sessions 
of the Legislature, he the clerk shall keep open his the clerk's office each Wednesday and 
Thursday for the convenience of the public and members-elect of the Legislature. He The 
clerk shall perform the services required efhim by sections 41 and 43. 
The Assistant Clerk of the House of Representatives shall is entitled to receive a 
salary as provided by law and shall work under the direction of the clerk. 
. 
All fees, charges, emoluments and other receipts of whatever nature, ·.vhioh that may 
be payable to the Clerk of the House of Representatives, the Assistant Clerk of the House 
of Representatives, or any employee thereof, excepting their lawful salaries and expenses 
properly payable to them, shall must be credited to the General Fund .. and no Clerk of the 
House of Representatives, Assistant Clerk of the House of Representatives or employee 
shall may directly or indirectly receive a private benefit or gain from the sale or 
distribution of any material, information or reports from the records of such Clerk of the 
House of Representatives. 
The Speaker of the House of Representatives may authorize the Clerk of the House of 
8 
Representatives and the Assistant Clerk of the House of Representatives to serve on a 
full-time basis when the Legislature is not in regular or special session. 
Sec.17. 3 MRSA §124 is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1069, L.D. 1457 
§124. Service; proof 
Service of notice of SHOO petitions described in sections 121 and 122 may be made by 
any sheriff or constable, and proved by his the proper return by the sheriff or constable or 
by written acknowledgment of the adverse party on the petition; or~ if notice is given by 
publication, then by the newspapers or the affidavit of the printer. 
Sec. 18. 3 MRSA §162, sub-§4, as repealed and replaced by PL 1973, c. 590, §4, 
is amended to read: 
4. 
Oaths, subpoenas and depositions. To administer oaths, issue subpoenas, 
compel the attendance of witnesses and the production of any papers, books, accounts, 
documents and testimony, and to cause the deposition of witnesses, whether residing 
within or without the State~ to be taken in the manner prescribed by law for taking 
depositions in civil actions in the Superior Court. In case of disobedience on the part of 
any person to comply with any subpoena issued in behalf of a committee, or on the 
refusal of any witness to testify to any matters regarding which he the witness may be 
lawfully interrogated, it shall be ~ the duty of the Superior Court of any county, on 
application of a member of a committee, to compel obedience by proceedings for 
contempt as in the case of disobedience of the requirements of a subpoena issued from 
&Heh that court or a refusal to testify thet:eia in that court. Each witness, other than a state 
officer or employee, shall is entitled to receive for his that witness's attendance the fees 
and mileage provided for witnesses in civil cases in courts of record, which shall must be 
audited and paid upon the presentation of proper vouchers sworn to by such witness and 
approved by the chairman chair of the council; 
Sec. 19. 3 MRSA §165, sub-§7, as amended by PL 1985, c. 377, §1, is further 
amended to read: 
7, Other subpoenas; etc. When the duties assigned to a committee so require, the 
Legislature may grant to it the power to administer oaths, issue subpoenas, compel the 
attendance of witnesses and the production of any papers, books, accounts, documents 
and testimony, and to cause the deposition of witnesses, whether residing within or 
without the State~ to be taken in the manner prescribed by law for taking depositions in 
civil actions in the Superior Court. When the Legislature grants this power to a joint 
standing committee or joint select committee, such committee shall fimotion functions as 
an investigating committee and shall be ~ subject to the provisions of chapter 21. No 
appropriation or allocation may be made for a specific study unless the Legislative 
Council has first approved a budget adopted by the joint standing committee whleh that is 
to conduct the study. No appropriation or allocation may be made for the operation of 
any joint select committee unless the Legislative Council has first approved a budget 
adopted by the joint select committee. In case of disobedience on the patt of any person 
to comply with any subpoena issued in behalf of a committee, or on the refusal of any 
witness to testify to any matters regarding which he the witness may be lawfully 
interrogated, it shall be i§_ the duty of the Superior Court of any county, on application of 
a member of a committee, to compel obedience by proceedings for contempt, as in the 
case of disobedience of the requirements of a subpoena issued from SHOO that court or a 
refusal to testify thefem in that court. Each witness, other than a state officer or employee, 
who appears before a committee by its order or subpoena shall is entitled to receive for 
his that witness's attendance the fees and mileage provided for witnesses in civil cases in 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT'A "toH.P.1069,L.D.1457 
courts of record, which shall must be audited and paid upon the presentation of proper 
vouchers sworn to by such witness and approved by the chairman chair of the committee; 
Sec. 20. 3 MRSA §168, as amended by PL 1983, c. 32, Pt. H, is further amended 
to read: 
§168. Staff assistants to legislative leadership 
The President of the Senate, the Majority and Minority Floor Leaders of the Senate, 
the Speaker of the House of Representatives, and the Majority and Minority Floor 
Leaders of the House of Representatives shall each have the authority to appoint, at his 
each legislative leader's discretion, a personal staff assistant, or more than one assistant if 
their aggregate salary does not exceed that of the single personal staff assistant, when the 
Legislature is in session and at such other times as might be necessary, with the approval 
of the Legislative Council. 
Sec. 21. 3 MRSA §173, sub-§3, as amended by PL 1985, c. 501, Pt. B, §11, is 
further amended to read: 
3. Distribution, sale and exchange of law books. Copies of the Revised Statutes, 
supplements toot:ste to the Revised Statutes and session laws shall must be delivered by 
the printer to the State Law Librarian for distribution and sale in accordance with prices, 
policies and procedures established by the Legislative Council. All proceeds from such 
sales shall must be deposited to the credit of the General Fund. 
A. 
Copies shall must be sent, on an exchange basis, to the Library of Congress, secretary 
of the Maine State Bar Association, the Supreme Court Library of Canada and to 
each state or territorial library in the United States. 
One copy of the laws passed by each session of the Legislature shall must be given to 
each Member thereef of the Legislature, the Secretary of the Senate, the Assistant 
Secretary of the Senate, the Clerk of the House and the Assistant Clerk of the House. 
The State Law Librarian may, in his the librarian's discretion, sell surplus copies of 
volumes entrusted to him the librarian or use them for exchange purposes to increase the 
usefulness of the library. Proceeds from all sales shall must be deposited to the credit of 
the General Fund. 
Sec. 22. 3 MRSA §224, as enacted by PL 1977, c. 605, §1, is amended to read: 
§224. Director 
The executive head of the Maine-Canadian Legislative Advisory Office shall be !§. 
the director, who shall be !§. appointed by the Speaker of the House and the President of 
the Senate with the approval of the Maine-Canadian Legislative Advisory Commission. 
The director shall must be paid a salary fixed by the Legislative Council from sums 
available under section 226. The director shall must be able to speak the French language 
fluently. He The director shall report to and be !§. subject to the direction of the 
Legislative Council. 
Sec. 23. 3 MRSA §228, as enacted by PL 1977, c. 605, §1, is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT'A "toH.P.1069,L.D.1457 
§228. Duties; meetings 
The commission shall advise the director in the carrying out of his the director's 
powers and duties, shall assist him the director in encouraging increased cooperation 
between Maine and Canada; and especially between the Legislature of Maine and the 
legislative bodies of Canada and shall assist him the director in encouraging economic, 
cultural and educational exchanges between Maine and the Canadian Provinces. The 
commission shall meet at least 4 times in each year with the director and at such other 
times on the call of the ehairman chair, at the request of the director or at the request of 
any member, as shall be necessary to carry out the duties outlined in this section. 
Sec. 24. 3 MRSA §231, as amended by PL 1989, c. 503, Pt. B, §4, is further 
amended to read: 
§231. Commission 
1. Commission. The New England and Eastern Canada Legislative Commission, as 
established by Title 5, section 12004-K, subsection 11, and in this chapter called the 
"commission," shall consist consists of 4 members from Maine, together with the same 
number of members appointed according to the laws of each of the other member 
jurisdictions. 
2. Membership. The members of the commission from Maine shall be are the 2 
Senators and the 2 members of the House of Representatives who are appointed to the 
Maine-Canadian Legislative Advisory Commission pursuant to section 227. 
3. Term. Each member of the commission from Maine shall hold holds office from 
the date of his that member's appointment until the term of his that member's election to 
the Legislature expires. 
4. 
Compensation. 
Members of the commission from Maine shall be are 
compensated in accordance with Title 5, chapter 379. 
5. Chairs. The members of the commission from Maine shall, by majority vote, 
select the eoohairman cochairs or ehairmen chairs who shall, together with a ooehairman 
cochair selected by the members of the commission from the other member jurisdictions, 
preside over the commission. 
6. Meetings. The commission shall meet at such times and places as are mutually 
agreed upon by the ooohairmsn cochairs.' 
Amend the bill by adding after section 11 the following: 
'Sec. 12. 3 MRSA §402, sub-§§1 to 3, as enacted by PL 1975, c. 593, §3, are 
amended to read: 
1. 
Chair. The "chairman chair" is the presiding officer of the investigating 
committee. He The chair may be the permanent ehairman chair or another member 
designated as temporary ehairman chair in the absence of the ehairman chair. 
2. Executive session. An "executive session" is a session at which only members of 
the investigating committee, staff of the committee, counsel to the committee, the witness 
and his counsel shall may be present. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1069, L.D. 1457 
3. Interested party. An "interested party" is any person who learns that he that 
person has been specifically identified in testimony taken before an investigating 
committee and who reasonably believes that he that person has been adversely affected 
by such testimony. 
Sec. 13. 3 MRSA §429, as enacted by PL 1975, c. 593, §3, is amended to read: 
§429. Release of testimony 
1. Release. The decision to release testimony and the decision as to the form and 
manner in which testimony shall may be released shall be is an investigating committee 
action. However, no testimony shall may be released without first affording the witness 
who gave such testimony, or hi6 the witness's counsel, an opportunity to object to the 
proposed release. 
A. The witness or hi6 the witness's counsel may, by such objection, require that 
testimony given in open session, if it is released at all, be released in the form of a 
full, consecutive transcript. 
B. The witness or hi6 the witness's counsel may, by such objection, require that 
testimony given in executive session not be released in any form or manner 
whatsoever. 
2. Transcript. The witness or hi6 the witness's counsel, upon payment of the cost of 
preparation, shall must be given a transcript of any testimony taken. However, the witness 
or hi6 the witness's counsel shall !§. not be entitled to obtain a transcript of the executive 
session testimony of other witnesses. The release of a transcript under this subsection is 
not the release of testimony within the meaning of subsection 1. 
Sec. 14. 3 MRSA §§451 to 457, as enacted by PL 1975, c. 593, §3, are amended 
to read: 
§451. Counsel 
The witness may have counsel present to advise him the witness at all times. The 
witness or hi6 the witness's counsel may, during the time the witness is giving testimony, 
object to any investigating committee action detrimental to the witness' witness's interests 
and is entitled to have a ruling by the ehainnan chair on any such objection. 
§452. Questioning of adverse witnesses 
The witness or hi6 the witness's counsel may question adverse witnesses whose 
testimony is being taken in open session. However, the chairman chair of the 
investigating committee may reasonably limit the right to so question. The chairman's 
chair's ruling is final, unless otherwise decided by investigating committee action. 
§453. Pertiuency of requested testimony 
The witness or hi6 the witness's counsel may challenge any request for hi6 the 
witness's testimony as not pertinent to the subject matter and scope of the investigation, in 
which case the relation believed to exist between the request and the subject matter and 
scope of the investigation shall must be explained. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to H.P. 1069, L.D. 1457 
§454. Who can compel testimony 
The committee ehairman chair may direct compliance with any request for testimony 
to which objection has been made. However, the ehairma-n.'s chair's direction may be 
overruled by investigating committee action. 
§455. Television, films, radio 
Any decision to televise, film or broadcast testimony shall be lli investigating 
committee action. If the witness or his the witness's counsel objects to a decision to 
televise, film or broadcast his the witness's testimony, his the witness's testimony -shall 
may not be televised, filmed or broadcast. 
§456. Statements and form of answers 
The witness or his the witness's counsel may insert in the record sworn, written 
statements of reasonable length relevant to the subject matter and scope of the 
investigation. In giving testimony, the witness may explain his the witness's answers 
briefly. 
§457. Privileges 
The witness -shall must be given the benefit of any privilege which he the witness 
could have claimed in court as a party to a civil action, provided that the committee 
ehairman chair may direct compliance with any request for testimony to which claim of 
privilege has been made. However, the ehairma-n.'s chair's direction may be overruled by 
investigating committee action. 
Sec. 15. 3 MRSA §473, first 1, as enacted by PL 1975, c. 593, §3, is amended to 
read: 
Ne A witness -shall may not be punished for contempt of an investigating committee 
unless the court finds: 
Sec. 16. 3 MRSA §473, sub-§3, ,r,r_e and C, as enacted by PL 1975, c. 593, §3, 
are amended to read: 
B. A citation for failure to testify in response to a request for his the witness's 
testimony challenged as not pertinent to the subject matter and scope of the 
investigation, the requirements of sections 412 and 453 have been complied with and 
the request was pertinent as explained; 
C. A citation for failure to testify in response to a request for his the witness's 
testimony on grounds of privilege, the requirements of section 457 have been 
complied with. 
Sec. 17. 3 MRSA §701, sub-§9, as enacted by PL 1985, c. 507, §1, is amended to 
read: 
9. 
Earnable compensation. 
11Earnable compensation" means the actual 
compensation of a Legislator. Any money paid by the State under an annuity contract for 
the future benefit of a Legislator shall be lli considered part of the Legislator's earnable 
compensation. 
The earnable compensation of a member retired with a disability 
retirement allowance under section 853 shall be lli assumed, for the purposes of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~ "to H.P. 1069, L.D. 1457 
determining benefits under this chapter, to be continued after his the Legislator's date of 
tennination of service at the same rate as received immediately prior to that time, subject 
to the same percentage adjustments, if any, that may apply to the amount of retirement 
allowance of the beneficiary under section 858. 
Sec. 18. 3 MRSA §854, as enacted by PL 1985, c. 507, §1, is amended to read: 
§854. Restoration to service 
If a recipient of a retirement allowance under this chapter again becomes a member 
of the Legislature, h@ the recipient may: 
1. Receive allowance. Continue to receive the retirement allowance and not accrue 
any additional creditable service for that legislative service; or 
2. Discontinue allowance. Direct, in writing, that the executive director discontinue 
his the recipient's retirement allowance and he shall aeerne the recipient accrues 
additional creditable service for that legislative service.' 
Amend the bill by striking out all of section 31 and inserting the following: 
'Sec. 31. Maine Revised Statutes revisions. 
The Revisor of Statutes shall 
review the Maine Revised Statutes to dete1mine where references to individuals occurring 
throughout the statutes need to be made gender-neutral and shall implement these 
revisions when updating, publishing or republishing the statutes. The Revisor of Statutes 
shall develop a schedule to change all such gender-specific terms to gender-neutral terms 
in all Titles of the Maine Revised Statutes as soon as reasonably practicable. 
The 
changes may be made through the preparation and publication of an additional annual 
revisor's report pursuant to the Maine Revised Statutes, Title 1, section 95 that is 
dedicated to the correction of gender-specific te1ms. 
The Revisor of Statutes shall 
include in the annual report a report on the progress in canying out the schedule 
developed pursuant to ·this section. When correcting gender-specific references within 
statutory units in the additional annual revisor's report prepared pursuant to this section, 
the Revisor of Statutes need not correct those statutory units to incorporate other 
administrative changes and corrections authorized under Title 1, section 93.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the title of the bill and directs that certain references in the 
Maine Revised Statutes be made gender-neutral, not just references to the Governor and 
the Supreme Judicial Court Justices as proposed in the bill. Specifically, this amendment 
makes all references in the Maine Revised Statutes, Title 3 gender-neutral and it adds a 
revision clause to direct the Revisor of Statutes to detennine where references to 
individuals occurring throughout the statutes need to be made gender-neutral and to make 
these revisions when updating, publishing or republishing the statutes. The amendment 
further directs the Revisor of Statutes to develop a schedule to change all gender-specific 
terms to gender-neutral terms in all Titles of the Maine Revised Statutes as soon as 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to H.P. 1069, L.D. 1457 
reasonably practicable and to include in the annual revisor's report an update on progress 
in carrying out the schedule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/10/19 ;?dac. 
LD 1457 
LR 1995(02) 
An Act To Make References to the Governor and Supreme Judicial Court Justices Gender Neutral 
Fiscal Note for Bill as Amended by Committee Amendment~, ( H 
... Sb$') 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Legislature are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR1995(02) - Fiscal Note - Page 1 of 1