Public Law, Chapter 539, Part E, 123rd Legislature, Second Regular Session

Chapter 539 H.P. 1651 - L.D. 2289

PART E

Sec. E-1. 5 MRSA §1543-A is enacted to read:

§ 1543-A. Direct deposit of certain disbursements

1. Electronic funds transfer system. The State Controller and the Treasurer of State shall establish an electronic funds transfer system for the purpose of transferring directly into payees' accounts held at accredited financial institutions the payment of any amount or obligation owed by the State. Beginning with the payroll after the effective date of this section that is closest to January 1, 2008, the State shall pay all state employees' wages and salaries through an electronic funds transfer system. Except as set forth in subsection 2, all wages and salaries of state employees must be transferred by means of electronic funds transfer directly into an employee's account in an accredited financial institution designated by the employee, and each state employee shall complete a direct deposit application on such forms as the State Controller shall prescribe. The direct deposit application authorizes the State Controller to initiate credit and debit entries and to correct erroneous credit entries to the employee's designated account. The State Controller shall develop policies and procedures to allow the employee to change the designated account at any time.

2. Waiver provisions. The State may waive the mandatory direct deposit of the wages or salary for a state employee in subsection 1 if the State Controller determines that:

A. The employee has a physical or mental disability that would impede the employee's ability to gain access to electronically deposited funds;

B. The employee has religious convictions that preclude the use of direct deposits; or

C. The facts of the particular case warrant a waiver of the mandatory direct deposit of the employee's wages or salary.

3. Transfers to multiple payees. A single transfer may contain payments to multiple payees.

4. System administration. The State Controller and the Treasurer of State shall establish the standards and procedures for administering the electronic funds transfer system.

Sec. E-2. 12 MRSA §10103, sub-§7, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. E-3. 12 MRSA §10201, sub-§1, as affected by PL 2003, c. 614, §9, amended by c. 655, Pt. B, §37 and affected by c. 655, Pt. B, §422, is further amended to read:

1. Sale of publications. If the commissioner determines it advisable for the more effective dissemination of factual information, information of public interest or information tending to promote better public relations, the commissioner may fix the price, if any, of certain publications and materials of the department and sell and deliver them. Publications and materials included within this authority are all publications, articles, biological and statistical data, professional and technical service reports by departmental personnel and other materials in the department's possession and pertaining to the department , except publications of the laws as described in section 10103, subsection 7. These publications may not carry any advertising of a political nature but may carry commercial advertising. The commissioner shall accept commercial advertising in the department's general circulation magazine entitled "Maine Fish and Wildlife" and any successor or similar publication developed by the department.

The commissioner may sell or lease video and audio recordings, photographs and negatives owned by the department and may fix the price, if any, giving consideration to their fair market value.

Sec. E-4. 12 MRSA §10201, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. E-5. 22 MRSA §1696-I, 2nd ¶, as amended by PL 2003, c. 414, Pt. B, §35 and affected by c. 614, §9, is further amended to read:

If, in the professional judgment of the Director of the Bureau of Health, conditions exist in which consumption of fish caught in state waters poses a threat to public health, the director shall prepare an advisory of the public health threat. The advisory must be in a form suitable for posting in places frequented by noncommercial anglers , included in the abstract of fish and wildlife laws prepared under Title 12, section 10103, subsection 7 and distributed to all holders of sport fishing licenses. The director has final authority regarding the content of the advisory, including the exact language used in the advisory. The Commissioner of Inland Fisheries and Wildlife is responsible for printing and posting verbatim copies of the advisory and for incorporating the verbatim health advisory in the abstract of fish and wildlife laws.

Sec. E-6. Report and analysis on administrative positions. The joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs shall review during the First Regular Session of the 124th Legislature the Office of Program Evaluation and Government Accountability's report and the Office of Fiscal and Program Review's analysis on administrative positions within state agencies and shall include the committee's recommendations in response to the report and analysis in the next budget bill following its review.

Sec. E-7. Investment earnings; float earnings bonus. Notwithstanding any other provision of law, the Treasurer of State is authorized to reduce the earnings distribution costs for the Treasurer of State's cash pool by retaining the float earnings bonus in order to generate additional General Fund revenue of $1,000,000 annually beginning in fiscal year 2008-09.

Sec. E-8. Legislature; lapsed balances. Notwithstanding any other provision of law, $60,000 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2007-08. Notwithstanding any other provision of law, $100,000 of unencumbered balance forward in the All Other line category in the Office of Program Evaluation and Government Accountability General Fund account in the Legislature lapses to the General Fund in fiscal year 2007-08.

Public Laws

123rd Legislature

Second Regular Session

Chapter 539

H.P. 1651 - L.D. 2289