Request for interpretation of 3 M.R.S.A. §2, relating to legislative expense account

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARDS. COHEN ATTORNEY GENERAL JOHN MR. PATERSON STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, MAINE 04333 William Garside Legislative Finance State House Augusta, Maine February 23, 1979 Re: Request for interpretation of 3 M.R.S.A. § 2. Dear Bill: DEPUTY ATTORNEY GENERAL This will respond to your request for an interpretation of the word "occupies" as it appears in the third paragraph of 3 M.R.S.A. § 2, and on the legislative expense account form required by your office. Section 2 provides that "each member of the Senate and House of Representatives shall receive a meal and housing allowance in the amount of $25 for each day in attendance at sessions of the Legislature and for each day he occupies overnight accommodations away from home either immediately preceding or immediately following attendance at daily sessions of the Legislature." The word "occupies" is the subject of your question and the key to resolving your problem. "Occupy" as used in common parlance as defined in Webster's International Dictionary, 7th Ed., includes, in addition to actual physical presence, residing as an owner or a tenant. In light of the definition of "occupy," 3 M.R.S.A. § 2 would allow payment to a legislator who has incurred responsibility as a tenant to pay for overnight accommodations whether or not he actually uses the accommodations. This construction of the word "occupies" was in the contemplation of the Legislature when it enacted the current language in this section (See L.D. 1531, c. 398, P.L. of 1963). page 2 The Legislature, through enactment of L.D. 1531 sought to provide legislators an overnight accommodation allowance, recog- nizing that many legislators took accommodations on a weekly or monthly basis and that such an allowance would help reduce the burden of this expense. If I can be of further assistance, please let me know. ROBERT J. STOLT Deputy Attorney General RJS/ec