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An Act To Implement the Recommendations of the State Compensation Commission
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 2 MRSA §1, 3rd ¶, as amended by PL 2019, c. 475, §6, is further amended to read:
Until the first Wednesday of January 1987, the Governor receives an annual salary of $35,000. Beginning the first Wednesday of January 1987, the Governor is entitled to receive an annual salary of $70,000. Beginning the first Wednesday of January following the election of a Governor who is not in office on December 2, 2020, the Governor is entitled to receive an annual salary of $135,000.
Sec. 2. 2 MRSA §2, as amended by PL 2019, c. 475, §9, is further amended to read:
§ 2.Expense account
The "Governor's Expense Account" must be credited with those amounts that are appropriated by the Legislature for that purpose. This appropriation must be available for expenditure by the Governor at the Governor's discretion. This account is not subject to audit, except as to total amount to be paid. Beginning the first Wednesday of January following the election of a Governor who is not in office on December 2, 2020, the Governor's Expense Account must be provided $40,000 per year.
Sec. 3. 3 MRSA §2, first ¶, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is further amended to read:
EachUntil the first Wednesday of December 2020, each member of the Senate and House of Representatives, beginning with the first Wednesday of December 2000 and thereafter, is entitled to $10,815 in the first year and $7,725 in the 2nd year of each biennium, except that if a Legislator who is a recipient of retirement benefits from the federal Social Security Administration files a written request with the Executive Director of the Legislative Council within one week after the biennium commences, the Legislator is entitled to $9,270 in each year of the biennium. Beginning the first Wednesday of December 2020 and thereafter, each member of the Senate and House of Representatives is entitled to $16,000 for each year of the biennium. Each member of the Senate and the House of Representatives must receive aan annual cost-of-living adjustment in annual legislative salary, except that the percentage increase may not exceed 5% in any year, and except that the percentage increase may not exceed 3% beginning with the fiscal year ending June 30, 2014in any year. Beginning December 1, 20012022, the salary for each legislative session must be adjusted each December 1st by the percentage change in the Consumer Price Index for the most recently concluded fiscal year; except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 124th Legislature, and except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 125th Legislature and the First Regular Session and the Second Regular Session of the 126th Legislature, and any percentage change in the Consumer Price Index for the fiscal years ending June 30, 2011, June 30, 2012 and June 30, 2013 may not be applied to the base salary. In addition, each Legislator is entitled to be paid once each week for travel at each legislative session once each week at the same rate of 58¢ per mile to and from that Legislator's place of abode as state employees receive, the mileage to be determined by the most reasonable direct route, except that Legislators may be reimbursed for tolls paid for travel on the Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to be reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions of the Legislature or in performance of duly authorized committee assignments. Each Legislator is entitled to mileage on the first day of the session, and those amounts of salary and expenses at such times as the Legislature may determine during the session, and the balance at the end of the session.
Sec. 4. 3 MRSA §2, 4th ¶, as corrected by RR 2001, c. 2, Pt. A, §1, is amended to read:
Except as provided in this section, each member of the Senate and House of Representatives is entitled to a meal allowance in the amount of $32 and a housing allowance in the amount of $38$50 for each day in attendance at sessions of the Legislature and for each day the member occupies overnight accommodations away from home either immediately preceding or immediately following attendance at daily sessions of the Legislature. The presiding officers may establish reasonable policies regarding allowances for meals and overnight accommodations for the day immediately preceding the session, which may include policies regarding whether an allowance is paid, whether the full amount or a portion of the statutory allowance is paid and whether receipts are required. In lieu of the meal and housing allowance, each member is entitled to a daily meal allowance in the amount of $32 and actual daily mileage allowances in an amount up to but not exceeding $38$50 per day. Each member of the Senate also receives an annual allowance for constituent services in the amount of $2,000, $1,300 in January and $700 in the month following adjournment of the regular session. Each member of the House of Representatives also receives an annual allowance for constituent services in the amount of $1,500, $1,005 in January and $495 in the month following adjournment of the regular session. Notwithstanding this section, during the first regular session of each legislative biennium, a member of the Senate or the House of Representatives may elect to receive the first payment of the annual allowance for constituent services in December following convening of the Legislature by notifying the Executive Director of the Legislative Council in the manner prescribed by the executive director. The Executive Director of the Legislative Council shall inform Legislators of the choice available for payment of the allowance for constituent services in the first year of the legislative biennium and of any tax implications associated with exercising that choice.
Sec. 5. 3 MRSA §2, 6th ¶, as repealed and replaced by PL 1975, c. 750, §1, is amended to read:
The President of the Senate and the Speaker of the House of Representatives shall receiveare entitled to an additional 50% above regular compensation, the majority and minority leaders of the Senate and House of Representatives shall receiveare entitled to an additional 25% above regular compensation and the assistant majority and minority leaders of the Senate and House of Representatives shall receiveare entitled to an additional 12 1/2% above regular compensation. Beginning the first Wednesday of December 2020, the Legislative Council may approve additional compensation for committee chairs.
Sec. 6. 3 MRSA §2, 11th ¶, as amended by PL 1989, c. 501, Pt. O, §5; c. 600, Pt. B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read:
The President of the Senate, the Speaker of the House of Representatives, the floor leaders and their assistants and members of a committee, with the approval of the President of the Senate or the Speaker of the House of Representatives as to members of a committee, may also meet on days when the Legislature is not in daily session at any convenient location within the State. Each member of the Senate and House of Representatives shall receiveis entitled to $55 for every day's attendance when meetings or daily sessions are held, a meal allowance in the amount of $32 and a housing allowance whereby actual lodging expenses will be reimbursed at the single-room rate, provided thatas long as a receipt is submitted to the Executive Director of the Legislative Council for each day in attendance at such meetings or daily sessions and for each day that member occupies overnight accommodations away from home either immediately preceding or immediately following attendance at daily sessions of the Legislature, and actual daily mileage allowances which shall be paid at the same rate paid to state employeesat the rate of 58¢ per mile to and from that Legislator's place of abode, the mileage to be determined by the most reasonable direct route. In lieu of the meal and housing allowance, each member shall beis entitled to a daily meal allowance in the amount of $32 and actual daily mileage allowances.
Sec. 7. 3 MRSA §2, 13th ¶, as amended by PL 1989, c. 501, Pt. O, §6; c. 600, Pt. B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read:
If a member of the Legislature dies or otherwise vacates the office, the successor is entitled to a salary from the date of seating,for that calendar year that is computed as follows: two hundred ten dollars per week times the number of weeks remaining in the calendar year if the vacancy occurs in the first year and $150 per week for the number of weeks remaining in the calendar year if the vacancy occurs in the 2nd yearthe annual salary for that office divided by 52, the result of which is multiplied by the number of weeks between the date of the successor's seating and the end of that calendar year.
Sec. 8. 3 MRSA §2-B, sub-§1, ¶C, as enacted by PL 1997, c. 506, §1, is amended to read:
 
C. One member who serves as chair of the commission appointed by a majority of the members appointed under paragraphs A and B, who serves as chair of the commissionby the President of the Senate in January of 2021 and every 4 years thereafter and by the Speaker of the House in January 2023 and every 4 years thereafter.
Sec. 9. 3 MRSA §2-B, sub-§2, ¶B, as amended by PL 2019, c. 384, §1, is further amended by amending subparagraph (1-C) to read:
 
B. The recommendations of the commission:

(1-A) For the report required in the 3rd year of a gubernatorial term, for compensation for the Governor, including all payments for salaries, meals, housing, travel, mileage, constituent services and all other expenses and allowances;
 
(1-B) For compensation for justices and judges, including all payments for salaries, meals, housing, travel, mileage and all other expenses and allowances, and for additional services by any justice or judge. Nothing in this subparagraph prevents the judicial branch from making recommendations to the Governor or Legislature for compensation for justices and judges, including, but not limited to, recommendations made by the Chief Justice of the Supreme Judicial Court in preparing the budget of the judicial branch as required by Title 4, section 1; and
 
(1-C) For compensation of Legislators,and representatives of Indian tribes, Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives, including all payments for salaries, meals, housing, travel, mileage, constituent services and all other expenses and allowances, and for additional services by the President of the Senate, Speaker of the House of Representatives and members of legislative leadership;
Sec. 10. 3 MRSA §2-B, sub-§3, as amended by PL 1999, c. 2, §1, is further amended to read:
 
3. Appointments; meetings.   The Executive Director of the Legislative Council must be notified by the presiding officers once the appointment of the initial 45 members has been made. Within 15 days of the appointment of the initial 4 membersafter final adjournment of a legislative session in odd-numbered years, the Chair of the Legislative Council shall call and convene the first meeting of the commission.
Sec. 11. 4 MRSA §4, sub-§1, as amended by PL 1997, c. 643, Pt. M, §1, is further amended to read:
 
1. Chief justiceJustice; salary.  TheUntil January 1, 2021, the Chief Justice of the Supreme Judicial Court is entitled to receive a salary, for fiscal year 1998-99 and thereafter, of $111,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, the Chief Justice of the Supreme Judicial Court is entitled to receive an annual salary of $184,000, to be paid biweekly.
Sec. 12. 4 MRSA §4, sub-§2, ¶A, as repealed and replaced by PL 1997, c. 643, Pt. M, §2, is amended to read:
 
A. For fiscal year 1998-99 and thereafterUntil January 1, 2021, $96,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, an annual salary of $169,000, to be paid biweekly.
Sec. 13.  4 MRSA §4, sub-§2-B  is enacted to read:
 
2-B.  Longevity pay.     The Chief Justice of the Supreme Judicial Court may establish longevity pay eligibility criteria and rates for the Associate Justices of the Supreme Judicial Court. The Chief Justice is entitled to receive longevity pay pursuant to the same eligibility criteria and at the same rates as associate justices.
Sec. 14. 4 MRSA §6-B, as amended by PL 2017, c. 284, Pt. XXXX, §1, is further amended to read:
§ 6-B.Per diem compensation for Active Retired Justices of the Supreme Judicial Court
Any Active Retired Justice of the Supreme Judicial Court who performs judicial service at the direction and assignment of the Chief Justice of the Supreme Judicial Court must be compensated for those services at the rate of $350$500 per day or $200 per 1/2 day, as long as the total compensation received under this section by an Active Retired Justice of the Supreme Judicial Court in any calendar year does not exceed 75% of the annual salary of an Associate Justice of the Supreme Judicial Court set pursuant to section 4. An Active Retired Justice of the Supreme Judicial Court who receives compensation under this section does not accrue additional creditable service for benefit calculation purposes and is not entitled to any other employee benefit, including health, dental or life insurance.
Sec. 15. 4 MRSA §102, sub-§1, as amended by PL 1997, c. 643, Pt. M, §4, is further amended to read:
 
1. Chief justiceJustice; salary.  TheUntil January 1, 2021, the Chief Justice of the Superior Court is entitled to receive a salary, for fiscal year 1998-99 and thereafter, of $94,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, the Chief Justice of the Superior Court is entitled to receive an annual salary of $160,000, to be paid biweekly.
Sec. 16. 4 MRSA §102, sub-§2, as amended by PL 1997, c. 643, Pt. M, §5, is further amended to read:
 
2. Associate justiceJustice; salary.   Each Justice of the Superior Court shall receive ais entitled to receive an annual salary as follows:
 
A. For fiscal year 1998-99 and thereafterUntil January 1, 2021, $90,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, $150,000, to be paid biweekly.
Sec. 17.  4 MRSA §102, sub-§2-B  is enacted to read:
 
2-B.  Longevity pay.     The Chief Justice of the Supreme Judicial Court may establish longevity pay eligibility criteria and rates for the Chief Justice and Justices of the Superior Court.
Sec. 18. 4 MRSA §157, sub-§2, as amended by PL 1997, c. 643, Pt. M, §7, is further amended to read:
 
2. Chief Judge; salary.  TheUntil January 1, 2021, the Chief Judge of the District Court is entitled to receive a salary, for fiscal year 1998-99 and thereafter, of $94,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, the Chief Judge of the District Court is entitled to receive an annual salary of $160,000, to be paid biweekly.
Sec. 19. 4 MRSA §157, sub-§3, as amended by PL 1997, c. 643, Pt. M, §8, is further amended to read:
 
3. Deputy Chief Judge; salary.  TheUntil January 1, 2021, the Deputy Chief Judge of the District Court is entitled to receive a salary, for fiscal year 1998-99 and thereafter, of $92,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, the Deputy Chief Judge of the District Court is entitled to receive an annual salary of $155,000, to be paid biweekly.
Sec. 20. 4 MRSA §157, sub-§4, as amended by PL 1997, c. 643, Pt. M, §9, is further amended to read:
 
4. Associate judge; salary.   Each Associate Judge of the District Court shall receive ais entitled to receive an annual salary as follows:
 
A. For fiscal year 1998-99 and thereafterUntil January 1, 2021, $90,000, to be paid biweekly. Beginning January 1, 2021 and thereafter, $150,000, to be paid biweekly.
Sec. 21.  4 MRSA §157, sub-§4-B  is enacted to read:
 
4-B.  Longevity pay.     The Chief Justice of the Supreme Judicial Court may establish longevity pay eligibility criteria and rates for the Chief Judge, Deputy Chief Judge and Associate Judges of the District Court.
 
SUMMARY
This bill is reported out by the Joint Standing Committee on State and Local Government pursuant to the Maine Revised Statutes, Title 3, section 2, subsection 2. The committee has not taken a position on the substance of this bill. By reporting out this bill, 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 out the bill 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.
This bill includes all the recommendations of the State Compensation Commission's January 2020 final report including increases in the:
1. Salary of the Governor from $70,000 per year to $135,000 per year to take effect after the election of a Governor not in office on December 2, 2020;
2. The expense account of the Governor from $30,000 per year to $40,000 per year;
3. Salary of Maine Legislators, beginning with the 130th Maine Legislature, from $14,862 in the first year and $10,582 in the 2nd year of a biennium, after adjustment for inflation, to $16,000 in each year of the biennium;
4. Mileage allowance for Maine Legislators from 44¢ per mile to 58¢ per mile;
5. Lodging rate for Maine Legislators from $38 per day to $50 per day;
6. Salary of the Chief Justice of the Supreme Judicial Court from $116,000 per year to $184,000 per year;
7. Salary of the Associate Justices of the Supreme Judicial Court from $96,000 to $169,000 per year;
8. Per diem compensation for Active Retired Justices from $350 per day to $500 per day;
9. Salary of the Chief Justice of the Superior Court from $94,000 per year to $160,000 per year;
10. Salary of the Justices of the Superior Court from $90,000 per year to $150,000 per year;
11. Salary of the Chief Judge of the District Court from $94,000 per year to $160,000 per year;
12. Salary of the Deputy Chief Judge of the District Court from $92,000 per year to $155,000 per year; and
13. Salary of the Associate Judges of the District Court from $90,000 per year to $150,000 per year.
The bill gives the Chief Justice of the Supreme Judicial Court the authority to develop criteria and rates for longevity pay for all justices and judges. It moves the initial meeting of the State Compensation Commission from within 15 days after appointment of the members to within 15 days after adjournment of a legislative session. It requires the President of the Senate and the Speaker of the House to appoint the 5th member of the commission in alternating odd-numbered years. It removes the following positions from the commission's review: Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives.