An Act to Implement Recommendations Resulting from the State Government Evaluation Act Review of the Department of Professional and Financial Regulation
Maine Legislature, Session 131, LD 2265
Committee: Innovation, Development, Economic Advancement and Business
Amends: 2 MRSA §6, 5 MRSA §934, 10 MRSA §8002

Legislative Document
No. 2265
H.P. 1454
House of Representatives, March 13, 2024
An Act to Implement Recommendations Resulting from the State 
Government Evaluation Act Review of the Department of 
Professional and Financial Regulation
Reported by Representative ROBERTS of South Berwick for the Joint Standing Committee 
on Innovation, Development, Economic Advancement and Business pursuant to the Maine 
Revised Statutes, Title 3, section 955, subsection 4.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  2 MRSA §6, sub-§2, as amended by PL 2019, c. 343, Pt. XXX, §1, is further 
amended to read:
2.  Range 90.  The salaries of the following state officials and employees are within 
salary range 90:
Superintendent of Financial Institutions;
Superintendent of Consumer Credit Protection;
State Tax Assessor;
Associate Commissioner for Tax Policy, Department of Administrative and Financial 
Services;
Superintendent of Insurance;
Executive Director of the Maine Consumer Choice Health Plan;
Two deputy commissioners, Department of Administrative and Financial Services;
Deputy Commissioner, Department of Corrections;
Public Advocate;
Two deputy commissioners, Department of Health and Human Services;
Chief Information Officer;
Associate Commissioner, Department of Corrections;
Chief of the State Police; 
Securities Administrator, Office of Securities; and
Director, Office of Professional and Occupational Regulation.; and
Deputy Commissioner, Department of Professional and Financial Regulation.
Sec. 2.  5 MRSA §934, sub-§1, ¶D, as amended by PL 2001, c. 182, §2, is further 
amended to read:
D.  Assistant to the Deputy Commissioner; and
Sec. 3.  10 MRSA §8002, first ¶, as amended by PL 2011, c. 1, Pt. AA, §1, is further 
amended to read:
The Commissioner of Professional and Financial Regulation, referred to in this chapter 
as the "commissioner," is the chief administrative officer of the department and is 
responsible for supervising the administration of the department.  The commissioner is 
appointed by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over banking and insurance matters, and to confirmation by 
the Legislature.   The commissioner serves at the pleasure of the Governor.  Unless Except 
as provided in subsection 13 or unless otherwise provided in law, the commissioner may 
not exercise or interfere with the exercise of discretionary regulatory authority granted by 
statute to the bureaus, offices, boards or commissions within and affiliated with the 
department.  As chief administrative officer of the department, the commissioner has the 
following duties and authority to:
Sec. 4.  10 MRSA §8002, sub-§2, as amended by PL 1995, c. 502, Pt. H, §9, is 
further amended to read:
2.  Personnel.  Except as otherwise specified, appoint and remove, subject to the Civil 
Service Law, all personnel considered necessary to fulfill the duties and functions of the 
department; appoint an assistant to the a deputy commissioner to serve at the 
commissioner's pleasure; and transfer personnel within the department to ensure efficient 
utilization of department personnel;
Sec. 5.  10 MRSA §8002, sub-§11, as amended by PL 2011, c. 603, §2, is further 
amended to read:
11.  Report on fees.  By December 1st of each even-numbered year, conduct a review 
of the fees assessed by the department and provide a written report to the State Budget 
Officer and the joint standing committees of the Legislature having jurisdiction over 
appropriations and financial affairs, insurance and financial services matters and business, 
research and economic development matters identifying any fee changes the commissioner 
recommends for the next biennium; and
Sec. 6.  10 MRSA §8002, sub-§12, as enacted by PL 2011, c. 603, §3, is amended 
to read:
12.  Recommend measures.  Recommend legislation or other measures to the 
Governor and the Legislature for the purpose of assisting current and former members of 
the United States Armed Forces in obtaining any professional license within the provisions 
of the department related to their relevant training and experience from their military 
service.; and
Sec. 7.  10 MRSA §8002, sub-§13 is enacted to read:
13.  Emergency authority.  When a state of emergency is declared pursuant to state 
or federal law, temporarily modify or suspend any continuing education requirements, 
license expiration dates, examination requirements, license fees or other licensing 
requirements as necessitated by the declared emergency.  The temporary modification or 
suspension may extend no more than one year beyond the date the state of emergency is 
declared.
SUMMARY
This bill is reported out by the Joint Standing Committee on Innovation, Development, 
Economic Advancement and Business pursuant to the Maine Revised Statutes, Title 3, 
section 955, subsection 4. It implements the recommendations of the committee resulting 
from its review of the Department of Professional and Financial Regulation under the State 
Government Evaluation Act. The bill establishes the position of Deputy Commissioner 
within the Department of Professional and Financial Regulation and provides emergency 
authority to the Commissioner of Professional and Financial Regulation to take certain 
actions when a state of emergency is declared.  The position of Deputy Commissioner 
replaces the position of Assistant to the Commissioner.
The committee has not taken a position on the substance of this bill.  By reporting this 
bill out, the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of this bill.  The committee is reporting the bill out for the sole 
purpose of having a bill printed that can be referred to the committee for an appropriate 
public hearing and subsequent processing in the normal course.  The committee is taking 
this action to ensure clarity and transparency in the legislative review of the proposals 
contained in the bill.