Public Laws

124th Legislature

First Regular Session

Chapter 399

H.P. 657 - L.D. 954

An Act To Clarify the Role of the Public Advocate

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

Sec. 1. 35-A MRSA §1701, sub-§1,  as enacted by PL 1987, c. 141, Pt. A, §6, is repealed.

Sec. 2. 35-A MRSA §1701, sub-§1-A  is enacted to read:

1-A Appointment of the Public Advocate; term; removal.   This subsection governs the appointment, term of service and removal of the Public Advocate.
A The Governor shall appoint the Public Advocate, subject to review by the joint standing committee of the Legislature having jurisdiction over public utilities matters and to confirmation by the Legislature.
B The Public Advocate shall serve for a 4-year term of office, beginning on February 1, 2013 and every 4 years thereafter.
C The Public Advocate may continue to serve beyond the end of the 4-year term until a successor is appointed and qualified.
D Any vacancy occurring must be filled by appointment for the unexpired portion of the term.
E Any willful violation of this chapter by the Public Advocate constitutes sufficient cause for removal of the Public Advocate by the Governor, on the address of both branches of the Legislature or by impeachment pursuant to the Constitution of Maine, Article IX, Section 5.

Sec. 3. Transition of Public Advocate. Notwithstanding the Maine Revised Statutes, Title 35-A, section 1701, subsection 1-A, paragraph B, the term of the Public Advocate holding that office on the effective date of this Act ends on January 31, 2013.

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333