HP1069, LD 1457, item 1, An Act To Make References to the Governor and Supreme Judicial Court Justices Gender Neutral

An Act To Make References to the Governor and Supreme Judicial Court Justices Gender Neutral

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 1 MRSA §8, as amended by PL 1981, c. 456, Pt. A, §1, is further amended to read:

§ 8. Transfer of legislative jurisdiction

1. Notice. In order to acquire all, or any measure of, legislative jurisdiction of the kind involved in the Constitution of the United States, Article I, Section 8, Clause 17 over any land or other area; or in order to relinquish such legislative jurisdiction, or any measure thereof, which that may be vested in the United States; the United States acting through a duly authorized department, agency or officer , shall file a notice of intention to acquire or relinquish such legislative jurisdiction, hereinafter called notice, together with a sufficient number of duly authenticated copies thereof of the notice to meet the recording requirements of subsection 3, with the Governor. The notice shall must contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred. Immediately upon receipt of the notice, the Governor shall furnish the Attorney General with a copy thereof of the notice and shall request his the Attorney General's comments and recommendations thereon on the notice.

2. Legislative approval of transfer of jurisdiction. The Governor shall transmit said the notice filed pursuant to subsection 1 together with his the Governor's comments and recommendations, if any, and the comments and recommendations of the Attorney General, if any, to the next session of the Legislature which shall be that is constitutionally competent to consider the same transfer of jurisdiction. Unless prior to the expiration of the legislative session to which said the notice is transmitted as provided, the Legislature has adopted adopts an Act approving the transfer of legislative jurisdiction as proposed in said the notice, the said transfer shall not be effective does not take effect.

3. Recordation. The Governor shall cause a duly authenticated copy of the notice and Act to be recorded in the registry of deeds of the county where the land or other area affected by the transfer of jurisdiction is situated, and upon such recordation the transfer of jurisdiction shall take takes effect. If the land or other area shall be is situated in more than one county, a duly authenticated copy of the notice and Act shall must be recorded in the registry of deeds of each such county.

Sec. 2. 1 MRSA §14, as amended by PL 1975, c. 771, §3, is further amended to read:

§ 14. Survey of land to be taken; filing and recording

When the Governor determines that a public exigency requires the taking of any land or rights as provided for in section 13, he the Governor shall cause the same land to be surveyed, located and so described that the same it can be identified, and a plan thereof shall must be filed in the office of the Secretary of State and there recorded. The filing of said the plan shall vest vests the title to such that land and rights in the State of Maine or their the State's grantees, to be held during the pleasure of the State and, if transferred to the United States, during the pleasure of the United States.

Sec. 3. 1 MRSA §111-A, as enacted by PL 1977, c. 214, §3, is amended to read:

§ 111-A. Arbor Week

The Governor shall annually issue a proclamation setting apart the 3rd full week in May as Arbor Week, recommending its observance by the public in the planting of trees, shrubs and vines, in the promotion of forest growth and culture, in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall harmonize with the general character of the week. He The Governor shall recommend that such the week be observed in rural and suburban schools by exercises appropriate to Arbor Week.

Sec. 4. 1 MRSA §521, sub-§1, as enacted by PL 1975, c. 360, is amended to read:

1. Available to public. The Governor shall maintain in his the Governor's office a file containing a copy of every executive order issued by him that Governor or by previous governors , which that is currently in effect. This file shall must be open to public inspection at reasonable hours.

Sec. 5. 1 MRSA §711 is amended to read:

§ 711. Proclamation of Governor

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of State Government at the normal location of the seat thereof in Augusta, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as he may deem the Governor considers advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State Government to such that emergency temporary location, or locations. Such The emergency temporary location, or locations, shall remain remains as the seat of government until the Legislature shall by law establish establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

Sec. 6. 2 MRSA §1, as amended by PL 1993, c. 361, Pt. B, §1, is further amended to read:

§ 1. Residence; office hours; secretary; salary

The Governor shall have his is entitled to reside in the Governor's official residence at Augusta during his the Governor's term of office , and shall keep his an office at the State House open for the transaction of the business of the State during all normal working hours of the State House.

In the absence of the Governor, his the Governor's private secretary shall must be in attendance and the private secretary shall devote his the private secretary's entire time to the duties of his the Governor's office.

Until the first Wednesday of January 1987, the Governor shall receive receives an annual salary of $35,000. Beginning the first Wednesday of January 1987, the Governor shall is entitled to receive an annual salary of $70,000.

A former Governor may accept as a personal gift from the State at the end of his the Governor's final term the desk and chair used by that Governor as Governor.

Sec. 7. 2 MRSA §1-A, sub-§1, ¶B, as amended by PL 1987, c. 422, is further amended to read:

B. The surviving spouse of a Governor or former Governor shall be is eligible to receive:

(1) If the spouse is age 60 or older:

(a) The retirement allowance the Governor was receiving or was entitled to receive if the deceased or former Governor died at age 60 or older; or

(b) A retirement pension equal to 3/8 of the salary paid to the Governor currently in office if the former Governor died before age 60; or

(2) If the spouse is under age 60:

(a) At the time the spouse reaches age 60, a retirement pension equal to 3/8 of the salary paid to the Governor currently in office; or

(b) Before the spouse reaches age 60, a reduced retirement pension actuarially equivalent to the benefit which he that the Governor would have received under division (a).

Sec. 8. 2 MRSA §1-A, sub-§1, ¶C, as enacted by PL 1985, c. 801, §§1 and 7, is amended to read:

C. Any person who succeeds to the office of Governor by means other than by election must serve as Governor a minimum of 6 months to qualify himself for or for a surviving spouse to qualify for the retirement allowance.

Sec. 9. 2 MRSA §2 is amended to read:

§ 2. Expense account

The "Governor's Expense Account" , as heretofore established, shall must be credited with such those amounts as that are appropriated by the Legislature therefor for that purpose. This appropriation shall must be available for expenditure by the Governor at his the Governor's discretion. This account shall is not be subject to audit, except as to total amount to be paid.

Sec. 10. 2 MRSA §3, as amended by PL 1973, c. 509, §1, is further amended to read:

§ 3. Expense account of Governor-elect

The "Governor-elect's Expense Account ," as heretofore established, shall be is a continuing reserve to which shall must be credited the sum of $5,000. At the close of each fiscal year there shall must be transferred from unappropriated surplus an amount sufficient to restore such the expense account to $5,000.

This appropriation shall must be available for expenditure by the Governor-elect at his the Governor-elect's discretion , provided he is Governor-elect to his after the Governor-elect has been elected to, but prior to being sworn in to, that Governor-elect's first term in office. This account shall is not be subject to audit, except as to total amount to be paid.

Sec. 11. 3 MRSA §312-A, sub-§8, as enacted by PL 1983, c. 160, §1, is amended to read:

8. Legislative action. "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any bill, resolution, amendment, report, nomination or other matter by the Legislature, by either the House of Representatives or the Senate, any committee or an official in the Legislative Branch acting in his the official's official capacity, or action of the Governor in approving or vetoing any legislative document presented to the Governor for his the Governor's approval.

Sec. 12. 4 MRSA §2, as amended by PL 1979, c. 127, §6, is further amended to read:

§ 2. Appointment of additional justices

Whenever the Chief Justice of the Supreme Judicial Court or, in the event of his the Chief Justice's disability, any associate justice thereof has reason to believe that any Justice of the Supreme Judicial or Superior Court is totally and permanently disabled by reason of physical or mental incapacity and because thereof is unable to perform the duties of his the office, he the Chief Justice or associate justice shall cause a commission of 3 competent disinterested members of the medical profession to make due inquiry and examination into the facts and report thereon the results of the inquiry to the Supreme Judicial Court. Upon receiving said the report, he the Chief Justice or associate justice shall thereupon call a meeting of said court the Supreme Judicial Court and submit to them it the report of said the medical commission. The court shall thereupon, upon said , based on the report and such other evidence as they may deem consider necessary, if any, determine the facts in relation thereto. If said the court find finds that said the Justice of the Supreme Judicial or Superior Court is permanently and totally disabled by reason of physical or mental incapacity and because thereof of the disability is unable to perform the duties of his the office, the Chief Justice shall certify said that fact to the Governor. Upon receipt of such a certificate from the court, the Governor shall make due inquiry into the matter and, if he the Governor confirms the finding of said the court, the Governor shall appoint an additional Justice of the Supreme Judicial or Superior Court, as the case may be.

Sec. 13. 4 MRSA §4, sub-§3, ¶C, as enacted by PL 1983, c. 853, Pt. C, §§4 and 18, is amended to read:

C. The Chief Justice of the Supreme Judicial Court or his the Chief Justice's designee may prescribe regulations for the submission of the required statements through his the Chief Justice's office , and for the advance approval by him the Chief Justice of other reasonably necessary expenses.

Sec. 14. 4 MRSA §6, as amended by PL 1983, c. 853, Pt. C, §§6 and 18, is further amended to read:

§ 6. Active Retired Justices

Any Justice of the Supreme Judicial Court, who has retired from the court under this chapter in effect prior to December 1, 1984, or any Justice of the Supreme Judicial Court who retires or terminates his service on the court in accordance with chapter 27, except for a disability retirement, is eligible for appointment as an Active Retired Justice of the Supreme Judicial Court as provided. The Governor may, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary and to confirmation by the Legislature, appoint any eligible justice as an Active Retired Justice of the Supreme Judicial Court for a term of 7 years, unless sooner removed, and that justice may be reappointed for a like term. Any justice so appointed and designated shall thereupon constitute as an Active Retired Justice of the Supreme Judicial Court constitutes a part of the court from which he has the Justice retired and shall have has the same jurisdiction and be is subject to the same restrictions therein as before retirement, except that he shall the Active Retired Justice may act only in the cases and matters and hold court only at the terms and times as he may be directed and assigned to by the Chief Justice of the Supreme Judicial Court. The Chief Justice is empowered and authorized to assign and designate any such an Active Retired Justice of the Supreme Judicial Court as to his that justice's services and may direct as to which term of the Law Court he shall attend the Active Retired Justice attends, and order him the Active Retired Justice to hear all matters and issue all orders, notices, decrees and judgments in vacation that any Justice of the Supreme Judicial Court is authorized to hear or issue.

Sec. 15. 4 MRSA §6-A, as enacted by PL 1979, c. 12, §1, is amended to read:

§ 6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court

An Active Retired Justice of the Supreme Judicial Court may be assigned by the Chief Justice of the Supreme Judicial Court to sit in the Superior Court in any county, and when so directed he shall have the Active Retired Justice has authority and jurisdiction therein in that county as if he the Active Retired Justice were a regular Justice of the Superior Court; and, whenever the Chief Justice of the Supreme Judicial Court so directs, he the Active Retired Justice may hear all matters and issue all orders, notices, decrees and judgments that any Justice of the Superior Court is authorized to hear and issue.

The order of the Chief Justice of the Supreme Judicial Court directing an Active Retired Justice of the Supreme Judicial Court to sit in the Superior Court shall must be filed with the Executive Clerk of the Supreme Judicial Court, but need not be docketed or otherwise recorded in any case heard by him the Active Retired Justice.

Sec. 16. 4 MRSA §54, as amended by PL 1975, c. 408, §8, is further amended to read:

§ 54. Clerks; duties; compensation; expenses of county

The Chief Justice of the Supreme Judicial Court shall appoint a clerk of the law court to serve at his the Chief Justice's pleasure and shall, from time to time, designate one or more of the clerks of court or some competent person or persons who shall to act as additional clerks of the law court. The clerk of the law court shall is entitled to receive such salary as the Chief Justice shall determine determines and shall devote full time to his the clerk's duties. The clerk of the law court shall also act as reporter of decisions. The Chief Justice or in his the Chief Justice's absence the senior justice present shall allow to the county in which any law term is held such expense as may be incurred on account of such law term , which shall must be paid by the State. The dockets of the law court shall must be made from time to time and kept as the court may direct.

Sec. 17. 4 MRSA §101-A, as enacted by PL 1983, c. 269, §§7 and 9, is amended to read:

§ 101-A. Chief Justice of the Superior Court

The Chief Justice of the Supreme Judicial Court shall designate one of the Justices of the Superior Court as the Chief Justice of the Superior Court. He shall serve The Justice so designated serves at the pleasure and under the supervision of the Chief Justice of the Supreme Judicial Court and shall be is responsible for the operation of the Superior Court. Any authority relating to the operation of the Superior Court , that is vested by law in the Chief Justice of the Supreme Judicial Court , may be delegated by him the Chief Justice of the Supreme Judicial Court to the Chief Justice of the Superior Court acting under his the supervision of the Chief Justice of the Supreme Judicial Court. The Chief Justice of the Superior Court shall also perform such additional duties as may be assigned to him the Chief Justice of the Superior Court from time to time by the Chief Justice of the Supreme Judicial Court. The term "Justice of the Superior Court" includes the Chief Justice of the Superior Court.

Sec. 18. 4 MRSA §102, sub-§3, as enacted by PL 1983, c. 853, Pt. C, §§7 and 18, is amended to read:

3. Expenses. Section 4, relating to reimbursement of Justices of the Supreme Judicial Court for expenses incurred by them, including clerical assistance, shall apply applies to Justices of the Superior Court. The Chief Justice of the Supreme Judicial Court or his the Chief Justice's designee may specify by order a maximum amount to be expended by any justice for clerical assistance.

Sec. 19. 4 MRSA §106 is amended to read:

§ 106. Conferences

The Chief Justice of the Supreme Judicial Court may from time to time call together the several Justices of the Superior Court at such place as he the Chief Justice may appoint for conference as to the conduct and dispatch of judicial business and interchange of views in matters of practice in said the court. In addition to their salaries and expenses in holding the several terms of court to which they are assigned, the several justices shall be are entitled to their actual cash disbursements in attending such conferences.

Sec. 20. 4 MRSA §117, as amended by PL 1975, c. 735, §5, is further amended to read:

§ 117. Other expenses of the court

Within the limits of the funds and appropriations available to the Superior and Supreme Judicial Courts, the Chief Justice of the Supreme Judicial Court or his the Chief Justice's designee may authorize the expenditure of funds for such other expenses and capital improvements as are reasonably necessary for the efficient operation of the Superior and Supreme Judicial Courts.

Sec. 21. 4 MRSA §120, first ¶, as repealed and replaced by PL 1987, c. 769, Pt. B, §2, is amended to read:

The Chief Justice of the Supreme Judicial Court may assign a Justice of the Superior Court who had been serving as a Judge of the District Court and who has been nominated and confirmed as a Justice of the Superior Court to sit in the District Court in order to finish any cases which he that the justice had presided over as a Judge of the District Court and which that remain unresolved after his the justice's confirmation.

Sec. 22. 4 MRSA §164, sub-§1 is amended to read:

1. Hold court when necessary. Hold court in any division when he deems the Chief Judge determines it necessary by reason of illness, absence or disability of the judge regularly assigned or by reason of an excessive case load in any district;

Sec. 23. 4 MRSA §164, sub-§§6 and 7, as amended by PL 1975, c. 408, §15, are further amended to read:

6. Records and reports. Prescribe, subject to the approval of the Chief Justice or his the Chief Justice's delegate, the records to be kept and destroyed and the reports to be made by each district judge;

7. Statistics. Collect such statistics and other information pertaining to the business of the District Court as are requested by the Chief Justice or his the Chief Justice's delegate;

Sec. 24. 4 MRSA §164, sub-§8, as amended by PL 1977, c. 544, §9, is further amended to read:

8. Budget. Utilizing such assistance from the Administrative Office of the Courts as he the Chief Judge may request, prepare and submit a proposed annual budget for the District Court to the Chief Justice or his the Chief Justice's delegate;

Sec. 25. 4 MRSA §164, sub-§11 is amended to read:

11. Conference of judges. Convene at least once annually at such place as he may deem the Chief Judge considers appropriate, a conference of District Court Judges to consider and take action upon or make recommendations with respect to current problems in the operation of the District Court. The expenses of District Court Judges attending this conference shall be are an expense of the District Court;

Sec. 26. 4 MRSA §556, first ¶, as repealed and replaced by PL 1975, c. 735, §11, is amended to read:

The clerk shall keep a true and exact account of all moneys which he that the clerk receives or is entitled to receive for services by virtue of his the office as clerk of the Superior or Supreme Judicial Courts and shall pay the same to the Treasurer of State. All moneys belonging to the county or State respectively shall must be paid within 30 days after they are received by him the clerk, in such manner as the Chief Justice or his the Chief Justice's designee shall from time to time specify. If, in either case, he the clerk neglects to do so, he the clerk shall pay 25% interest thereon until paid. Upon the county treasurer's or Treasurer of State's notice of any known delinquency, the clerk's bond shall must then be sued.

Sec. 27. 4 MRSA §702, as amended by PL 1973, c. 788, §8, is further amended to read:

§ 702. Duties

The Reporter of Decisions shall prepare correct reports of all legal questions argued and decided, reporting cases more or less at large according to his the reporter's judgment of their importance. He The reporter shall publish periodic advance sheets and at least one volume of Maine Reports yearly. The reporter shall, subject to the approval of the Chief Justice of the Supreme Judicial Court, make a written contract in the name of the State with any person, firm or corporation for the printing, publishing and binding of said those reports. The price of each volume and the advance sheets shall must be stated in the contract. He The reporter may require such the person, firm or corporation with whom the reporter contracts to give a good and sufficient bond with good and sufficient sureties, conditioned for the faithful performance of all the terms and conditions of such that contract by the person, firm or corporation with whom the reporter makes such contract contracts. In case of a breach of any or all of the conditions of such the bond, the reporter may maintain an action on such the bond in the name of the State. In the exercise of any discretionary powers vested in him the reporter by this section or by section 57, the Reporter of Decisions shall act in accordance with such instructions or advice as may be given to him by received from the Chief Justice of the Supreme Judicial Court.

All copies of the Maine Reports purchased by the State shall must be delivered to the State Law Librarian for distribution as provided in Title 3, section 173, subsection 3, paragraph B.

Sec. 28. 4 MRSA §1051, first ¶, as repealed and replaced by PL 1985, c. 819, Pt. A, §1, is amended to read:

No court Court may not be held on Sunday or any day designated for the annual Thanksgiving; New Year's Day, January 1st; Martin Luther King, Jr., Day, the 3rd Monday in January; Washington's Birthday, the 3rd Monday in February; Patriot's Day, the 3rd Monday in April; Memorial Day, the last Monday in May, but if the Federal Government designates May 30th as the date for observance of Memorial Day, the 30th of May; the 4th of July; Labor Day, the first Monday of September; Columbus Day, the 2nd Monday in October; Veterans' Day, November 11th; or on Christmas Day. The Chief Justice of the Supreme Judicial Court may order that court be held on a legal holiday when he the Chief Justice finds that the interests of justice and judicial economy in any particular case will be served. The public offices in county buildings may be closed to business on the holidays named in this section. When any one of the holidays named in this section falls on Sunday, the Monday following shall must be observed as a holiday, with all the privileges applying to any of the days named in this section.

Sec. 29. 25 MRSA §50, 2nd ¶, as enacted by PL 1971, c. 423, §2, is amended to read:

The Governor is authorized and empowered to do all things necessary to protect the public and prevent damage to property. The Governor may order the State Police or National Guard to evacuate any area designated by him the Governor and to carry out any other orders he deems the Governor determines necessary , and they shall in such event the State Police and National Guard have full authority to carry out his the Governor's orders. The Governor may delegate any authority vested in him the Governor under this provision.

Sec. 30. 35-A MRSA §1320, sub-§7, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

7. Stay. While an appeal under subsection 1 is pending, no injunction may issue suspending or staying any order of the commission and the appeal shall does not excuse any person or corporation from complying with and obeying any order or decision or any requirement of any order or decision of the commission or operate in any manner to stay or postpone the enforcement of the order or decision, except in the cases and upon the terms as the commission orders. While an appeal under subsection 5 is pending final determination by the court, the Chief Justice, or in his the Chief Justice's absence any other justice, may enjoin or stay the effect of the ruling or order upon the terms and conditions as he the Chief Justice determines proper.

Sec. 31. Maine Revised Statutes revisions. The Revisor of Statutes shall review the Maine Revised Statutes to determine where references to the Governor and the Chief Justice of the Supreme Judicial Court and associate justices need to be made gender neutral and shall implement these revisions when updating, publishing or republishing the statutes.

summary

This bill changes language in the Maine Revised Statutes to make certain references to the Governor and the Chief Justice of the Supreme Judicial Court and associate justices gender neutral. The Revisor of Statutes is directed to review the Maine Revised Statutes to determine where further references to the Governor and the Chief Justice of the Supreme Judicial Court and associate justices need to be made gender neutral and to implement these revisions when updating, publishing or republishing the statutes.

HP1069 LD 1457	Session - 129th Maine Legislature		LR 1995 Item 1
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