5 M.R.S. § 17656 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17656
5 §17656. Employment changes affecting membership
Status: in_force

1. Reemployment with new employer. Membership of a member who is reemployed with a new employer, or who transfers from one state employee plan to another state employee plan, is governed as follows: A. Any member of the State Employee and Teacher Retirement Program or the Participating Local District Retirement Program whose service is terminated as a state employee, teacher or participating local district employee and who becomes employed as a state employee, teacher or participating local district employee with a new employer or who transfers from one state employee plan to another state employee plan shall, if the member has not previously withdrawn the member's accumulated contributions: (1) Have the membership transferred to the member's account with the new employer or new plan; and (2) Be entitled to all benefits that: (a) Are based on creditable service and earnable compensation with the previous employer or previous plan and the provisions of this Part in effect with respect to the previous employer or previous plan at the date of termination of service by the member; and (b) Do not require additional contributions by the new employer. [PL 2023, c. 246, §1 (AMD).] B. The new employer or new plan may elect to include the creditable service and earnable compensation of the member with the previous employer with the creditable service and earnable compensation with the new employer. If that election is made, the new employer shall make, from time to time, whatever contributions are necessary to provide the benefits under the applicable retirement program for the member as have accrued to the member by reason of the member's previous employment and as may accrue to the member by reason of the member's new employment. [PL 2023, c. 246, §1 (AMD).] C. If the new employer makes the election provided under paragraph B , or the member makes the election provided under paragraph D , all funds in the applicable retirement program contributed by the member's former employer or under the previous plan on account of the member's previous employment must be transferred to the account of the new employer or new plan and must be used to liquidate the liability incurred by reason of the previous employment. [PL 2023, c. 246, §1 (AMD).] D. Notwithstanding paragraph A , a member of the Maine Public Employees Retirement System who is a game warden, a law enforcement officer as defined in Title 25, section 2801‑A, subsection 5 or a state firefighter, whose previous membership was based upon employment as a municipal firefighter as defined in section 286‑M , a game warden, a law enforcement officer or a state firefighter, or their employer, may elect to make the contribution necessary to include all or part of the member's creditable service and earnable compensation from the prior plan in the new plan, including a transfer from one state employee plan to a different state employee plan. For members moving from one state employee plan to another state employee plan, no separation of service or reemployment is necessary. The retirement system shall establish procedures for determining the contribution necessary for such a member to carry forward all or part of the creditable service and earnable compensation from a prior plan or plans. For purposes of this paragraph, "state firefighter" means a person employed by the State with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel as defined in section 286‑M, subsection 2, paragraph H . For purposes of this paragraph, "game warden" means a person appointed by the Commissioner of Inland Fisheries and Wildlife pursuant to Title 12, section 10351, subsection 1 . [PL 2023, c. 246, §1 (AMD).] [PL 2023, c. 246, §1 (AMD).]

2. Reemployment of public safety communications dispatchers with Department of Public Safety. Notwithstanding subsection 1 , a member of the State Employee and Teacher Retirement Program whose previous membership was based upon employment as a public safety communications dispatcher with a participating local district and whose employment with the participating local district was terminated as a result of the consolidation of the participating local district's public safety dispatching services with the Department of Public Safety and who then becomes employed as a public safety communications dispatcher for the department may elect to include that previously earned creditable service with service earned as a state employee if that member: A. Makes a one-time, irrevocable election no later than 30 days after commencing employment as a public safety communications dispatcher for the Department of Public Safety; and [PL 2005, c. 668, §1 (NEW).] B. Has not previously withdrawn all of the member's accumulated contributions. [PL 2005, c. 668, §1 (NEW).] If a member makes the election provided in this subsection, the State shall make whatever contribution is necessary to provide the benefits under the State Employee and Teacher Retirement Program for the member as though the previous employment had been as a state employee, and all funds in the Participating Local District Retirement Program contributed by the member's former employer on account of the member's previous employment must be transferred to the account of the State and must be used to liquidate the liability incurred by reason of the previous employment. Upon notification by the Department of Public Safety to the retirement system that an employee has made an election under this subsection, the retirement system shall calculate and provide to the Department of Public Safety the amount of the employer contribution required under this subsection. A member who makes the election provided in this subsection and for whom applicable additional employer contributions have been paid is entitled to include the creditable service and earnable compensation with the previous employer with the creditable service and earnable compensation with the State for the purposes of benefit qualification under section 17851 and computation of benefits under section 17852 . [PL 2007, c. 491, §97 (AMD).]
5 M.R.S. § 3360-S — ME Code / Title 5 / Part 9 / Chapter 316-C / Section 3360-S
5 §3360-S. Victims' Property Compensation Fund
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means the Victims' Compensation Board established in section 12004‑J, subsection 11 . [PL 2019, c. 549, §5 (NEW).] B. "Crime" means a criminal offense committed under the laws of the State that resulted in verifiable property loss of a person other than a person who committed the crime. [PL 2019, c. 549, §5 (NEW).] C. "Fund" means the Victims' Property Compensation Fund established in subsection 2 . [PL 2019, c. 549, §5 (NEW).] D. "Property loss" means the value of property taken from a victim or of property destroyed or otherwise broken or harmed as a direct result of a crime. "Property loss" includes a deductible paid by the victim pursuant to an insurance claim related to the property loss. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

2. Victims' Property Compensation Fund established. The Victims' Property Compensation Fund is established to provide for the payment of claims arising under this chapter and for the payment of all necessary and proper expenses incurred by the board in carrying out this chapter. The Attorney General shall administer the fund, which must be held separate and apart from all other money, funds and accounts. The fund receives proceeds from money collected pursuant to subsection 3 and may receive private donations, federal funds and state funds designated by law that may be used for the payment of claims and for reasonable administrative costs. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year. [PL 2019, c. 549, §5 (NEW).]

3. Funding source. In addition to an assessment under section 3360‑I , the court shall impose an assessment of $10 on any person convicted of murder or a Class A crime, Class B crime or Class C crime and $5 on any person convicted of a Class D crime or Class E crime. For purposes of collection and collection procedures, this assessment is considered part of the fine. At the time of commitment, the court shall inform the Department of Corrections or the county sheriff of any unpaid balances on assessments owed by the offender to the fund. All funds collected as a result of these assessments accrue to the fund, except that in fiscal year 2019-20 only, up to $10,000 of the revenues collected pursuant to this subsection may be retained by the judicial branch to be used for technology-related upgrades. When compensation is awarded from the fund, the amount of any restitution ordered and paid as part of a sentence imposed that, when added to the award from the fund, exceeds the victim's actual property loss must be paid to the fund, in an amount not to exceed the amount of the award. Similarly, the amount of any insurance, 3rd-party payment or recovery in a successful civil action against a person responsible for the property loss that, when added to the award from the fund, exceeds the victim's actual property loss must be paid to the fund, in an amount not to exceed the amount of the award. [PL 2019, c. 549, §5 (NEW).]

4. Eligibility. The board may award compensation under this chapter to an individual who: A. Suffers a property loss as a result of a crime; or [PL 2019, c. 549, §5 (NEW).] B. Would otherwise be eligible for compensation, even though: (1) The criminal conduct occurred in this State but within the exclusive jurisdiction of the United States; or (2) The property loss resulted from conduct that violates a criminal law of the United States. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

5. Claim requirements. The board shall consider a claim under this chapter if: A. The underlying crime was reported to a law enforcement officer within 5 days of the occurrence or discovery of the crime or of the resultant property loss; and [PL 2019, c. 549, §5 (NEW).] B. The claim is filed with the board within 3 years of the occurrence of the property loss or within 60 days of the discovery of the property loss, whichever is later. [PL 2019, c. 549, §5 (NEW).] The board may waive the time requirements of this subsection for good cause shown. [PL 2019, c. 549, §5 (NEW).]

6. Cooperation. Compensation under this chapter may not be paid: A. To any claimant who does not fully cooperate with the board or with the reasonable requests of law enforcement officers or prosecution authorities; or [PL 2019, c. 549, §5 (NEW).] B. To or on behalf of any person who violated a criminal law that caused or contributed to the property loss for which compensation is sought. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

7. Submission of claims. The board may provide forms for the submission of claims and claims information under this chapter. A claim must be submitted to the board and must: A. Be in writing; [PL 2019, c. 549, §5 (NEW).] B. Specify the date, the nature and circumstances of the crime and the law enforcement agency to which the crime was reported; and [PL 2019, c. 549, §5 (NEW).] C. Include documentation of an eligible property loss for which the claimant seeks compensation, including the payment of any deductible paid by the victim pursuant to an insurance claim related to the property loss. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

8. Compensation. The board may award compensation under this chapter to a claimant of up to $1,000 for actual and unreimbursed property losses or in whole or in part for an insurance deductible paid by the victim pursuant to an insurance claim related to the property loss. The board, in its sole discretion, may disburse funds awarded directly to the claimant or to the individuals or entities who provided the services to restore, repair or replace property for which compensation was awarded. In the case of joint claimants, the board may apportion the total compensation as the board determines. [PL 2019, c. 549, §5 (NEW).]

9. Hearing; determination of compensation. The board may hold a hearing on any claim under this chapter, and the board shall hold a hearing if requested by the claimant. The claimant may address the board at a hearing on the claim, and the board may take testimony under oath. A determination under this subsection must be conducted as follows. A. In addition to the material and information required by law and by the board, the claimant may provide the board with any other information pertinent to the nature or the amount of the claim. The board shall receive and consider information provided by law enforcement agencies and prosecution authorities and, at its sole discretion, may receive and consider relevant information from any other source. [PL 2019, c. 549, §5 (NEW).] B. The board shall determine by a preponderance of the evidence whether a specified crime occurred, whether the property loss was the result of that criminal conduct, the amount of property loss suffered by the claimant, whether to award compensation and the amount of the compensation, if awarded. In determining the amount of compensation to be paid, the board shall consider the amount available to pay victims' property compensation claims, the history of claims paid by the board, the number and amount of currently pending claims and the nature and cost of expenses submitted by the claimant. [PL 2019, c. 549, §5 (NEW).] C. The board shall determine action on a claim with a quorum participating on that claim, but any award of compensation requires the unanimous concurrence of all members present. [PL 2019, c. 549, §5 (NEW).] D. The board's final decision must contain reasons for the determination. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

10. Appeal. Only a claimant under this chapter may appeal a decision of the board. An appeal of the board's final decisions must be to the Superior Court as provided for other administrative actions under chapter 375, subchapter 7 . Board decisions and the amount of awards must be upheld unless the court finds no rational basis for the decision or that the board abused its discretion. [PL 2019, c. 549, §5 (NEW).]

11. Implementation. Notwithstanding the effective date of this chapter: A. The assessments required by subsection 3 apply to penalties imposed for criminal conduct alleged to have occurred on or after January 1, 2020; [PL 2019, c. 549, §5 (NEW).] B. The board may not award compensation under this chapter for any crime that occurred prior to January 1, 2022; and [PL 2019, c. 549, §5 (NEW).] C. The board is not authorized to process or pay claims under this chapter before July 1, 2022. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]

12. Information. The Attorney General shall develop a fact sheet for victims about the victims' property compensation program under this chapter and shall make copies available to all courts, prosecutors' offices and law enforcement agencies, which shall provide the fact sheet to all victims of crimes in which property losses were incurred. The Attorney General shall make the fact sheet available on the Attorney General's publicly available website. [PL 2019, c. 549, §5 (NEW).]

13. Confidentiality. All records and information obtained by or in the possession of the Department of the Attorney General concerning an application for or an award of compensation under this chapter are confidential and may not be disclosed, except that the Attorney General may provide access to those records and information to the board for use in the board's official duties and those records and information remain confidential while in the possession of the board. The records or information may, at the sole discretion of the Attorney General or designee of the Attorney General, be disclosed to: A. Law enforcement officers to assist them with the discharge of their official duties; [PL 2019, c. 549, §5 (NEW).] B. The courts and the Department of Corrections to provide them with information to assess, collect and disburse restitution; [PL 2019, c. 549, §5 (NEW).] C. A claimant who has requested a hearing before the board or who has appealed a final decision of the board; and [PL 2019, c. 549, §5 (NEW).] D. Other persons to carry out the purposes of this chapter. [PL 2019, c. 549, §5 (NEW).] [PL 2019, c. 549, §5 (NEW).]
5 M.R.S. § 951 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 951
5 §951. Department of Transportation
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Transportation. Notwithstanding any other provision of law, these positions and their successor positions shall be subject to this chapter: A. Deputy Commissioners; [PL 1983, c. 729, §4 (NEW).] B. Chief Counsel, Bureau of Legal Services; [PL 1983, c. 729, §4 (NEW).] C. Assistant to the Commissioner; and [PL 1983, c. 729, §4 (NEW).] D. Assistant to the Commissioner for Public Information. [PL 1983, c. 729, §4 (NEW).] [PL 1983, c. 729, §4 (NEW).]
5 M.R.S. § 18251 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18251
5 §18251. Compulsory and optional membership
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all persons entering the service of a participating local district after the date of establishment for the participating local district, except as otherwise provided by subsection 3 ; section 18201, subsection 3 ; or section 18256 . [PL 2003, c. 630, Pt. A, §1 (AMD).]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all employees entering the service of a participating local district after the date of establishment for the participating local district, but not for employees exempted under subsection 2; under section 18201, subsection 3 ; or under section 18252 . [PL 1985, c. 801, §§5, 7 (NEW).]

2. Optional membership. [PL 2003, c. 630, Pt. A, §2 (RP).]

3. Optional membership. Membership in the Participating Local District Retirement Program is optional for the following employees of a participating local district: A. A person in the service of a participating local district on the date of establishment for that participating local district. Once such a person joins the Participating Local District Retirement Program, membership ceases to be optional for that person under this paragraph; [PL 2007, c. 491, §188 (AMD).] B. An elected official or an official appointed for a fixed term. Special provisions apply to certain officials as follows: (1) Membership of trustees of a water district is governed by Title 35‑A, section 6410, subsection 8 ; (2) Membership of trustees of a sanitary district is governed by Title 38, section 1104 ; and (3) Membership of trustees of a sewer district is governed by Title 38, section 1036, subsections 7 and 8 ; [PL 2013, c. 555, §1 (AMD).] C. A chief administrative officer of a participating local district, whether appointed for a fixed term or appointed with tenure; and [PL 2003, c. 630, Pt. A, §3 (NEW).] D. A person whose membership is optional under section 18252 , 18252‑A or 18801 . [PL 2003, c. 630, Pt. A, §3 (NEW).] Except as provided in section 18252‑C , a person must make an election at the time of initial hire, or on the date of first eligibility to participate, whichever occurs earlier, whether to be a member of the program. [PL 2021, c. 286, §1 (AMD).]

4. Delayed election of membership. [PL 2009, c. 474, §29 (RP).]

5. Reentry. [PL 2009, c. 474, §30 (RP).]

6. Limitations on claims for participation. If an employee claims that the employee was not offered participation in the program at the commencement of or during the course of employment with the participating local district, that claim must be commenced within 6 years of the date upon which the employee was first eligible for participation in the program. [PL 2015, c. 384, §2 (NEW).]

7. Participation in other retirement plans. If an employee requests and is allowed retroactive participation in the program, and during the time for which these retroactive retirement benefits are sought the participating local district offered and the employee participated in another retirement plan, all contributions made to the alternative plan by the employer and all earnings made on employer and employee contributions must be paid to the retirement system, up to the amount that the employer is required by the retirement system to pay to fund retroactive benefits under the program. In the event the funds available in the employee's alternative retirement plan account are not sufficient to fund the employer's required contributions to the retirement system, the employer shall pay any remaining employer contributions required by the retirement system to fund retroactive benefits under the program. [PL 2015, c. 384, §2 (NEW).]
5 M.R.S. § 13083-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-A
5 §13083-A. Washington County Development Authority established
Status: in_force

The Washington County Development Authority is established as a body corporate and politic and a public instrumentality of the State to carry out the provisions of this article. The authority is authorized to take title, acquire and manage in the name of the State and by agreement with the Federal Government the property located within the geographical boundaries of any decommissioned federal military facility located within Washington County. The authority is also authorized to purchase, develop, redevelop, sell and lease commercial, residential and public property for the purpose of developing the economy of Washington County. This authorization allows the authority to provide financial and technical assistance to any governmental entity and nonprofit located within Washington County in support of community and economic development projects. [PL 2005, c. 367, §1 (AMD).]
5 M.R.S. § 17438 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17438
5 §17438. Reporting requirements under Governmental Accounting Standards Board
Status: in_force

The system and trustees of the investment trust fund have no obligation to comply with reporting requirements related to the investment trust fund under Governmental Accounting Standards Board Statement Number 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, or Governmental Accounting Standards Board Statement Number 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. The State is obligated to comply with the reporting requirements under Governmental Accounting Standards Board Statement Number 74 and Governmental Accounting Standards Board Statement Number 75. The system shall account for the assets of the investment trust fund in its annual financial statements. [PL 2017, c. 88, §20 (AMD).]
5 M.R.S. § 25011 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25011
5 §25011. Executive director; staff; duties
Status: in_force

The commission shall select an individual to serve as the executive director of the commission. The executive director shall hire appropriate staff to assist in carrying out the duties of the commission. [PL 2021, c. 436, §9 (NEW).]
5 M.R.S. § 1782 — ME Code / Title 5 / Part 4 / Chapter 154 / Section 1782
5 §1782. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 758, §1 (NEW).]

1. Agency of jurisdiction. "Agency of jurisdiction" means the state agency which has use of and jurisdiction over the facility. [PL 1985, c. 758, §1 (NEW).]

2. Available facility. "Available facility" means a facility in which all or a part of the facility is unused and available for leasing. [PL 1985, c. 758, §1 (NEW).]

3. Director. "Director" means the Director of the Bureau of General Services. [PL 2001, c. 525, §1 (AMD).]

4. Other organization. "Other organization" means any not-for-profit, sole proprietorship, partnership, corporation or association that is not a state agency. [PL 1985, c. 758, §1 (NEW).]

5. State agency. "State agency" means an agency of State Government as defined in section 8002, subsection 2 . [PL 1985, c. 758, §1 (NEW).]
5 M.R.S. § 20008 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20008
5 §20008. Comprehensive program on substance use disorder
Status: in_force

The department shall establish and provide for the implementation of a comprehensive and coordinated program of substance use disorder prevention and treatment in accordance with subchapters 2 and 3 and the purposes of this Act. The program must include the following elements. [PL 2017, c. 407, Pt. A, §31 (AMD).]

1. Public and private resources. All appropriate public and private resources must be coordinated with and utilized in the program. [PL 1989, c. 934, Pt. A, §3 (NEW).]

2. Program. The program must include emergency treatment provided by a facility affiliated with a general hospital or with part of the medical service of a general hospital. [PL 1989, c. 934, Pt. A, §3 (NEW).]

3. Treatment. The department shall provide for adequate and appropriate treatment for drug users, persons with substance use disorder and persons admitted under sections 20043 and 20044 . Treatment may not be provided at a correctional institution, except for inmates. [PL 2017, c. 407, Pt. A, §31 (AMD).]

4. Contract with facilities. The department shall contract with approved treatment facilities whenever possible. The administrator of any treatment facility may receive for observation, diagnosis, care and treatment in the facility any person whose admission is applied for under any of the procedures in this subchapter. [PL 2011, c. 657, Pt. AA, §28 (AMD).]
5 M.R.S. § 1516-A — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1516-A
5 §1516-A. Capital Construction and Improvements Reserve Fund
Status: in_force

1. Capital Construction and Improvements Reserve Fund. There is created the Capital Construction and Improvements Reserve Fund, referred to in this section as the "fund," that may be used solely for capital projects that construct, renovate or improve state facilities. Money in the fund may not be expended on facility maintenance issues. [PL 1997, c. 643, Pt. AAA, §1 (NEW).]

2. Nonlapsing fund. Any unexpended money appropriated or allocated to the fund may not lapse, but must be carried forward. [PL 1997, c. 643, Pt. AAA, §1 (NEW).]

3. Investment of funds. The money in the fund may be invested as provided by law with the earnings credited to the fund. [PL 1997, c. 643, Pt. AAA, §1 (NEW).]

4. Report. The Commissioner of Administrative and Financial Services shall provide a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs annually by January 15th that includes the following: A. The status of any capital projects undertaken or completed during the most recently completed fiscal year and the current fiscal year; [PL 1997, c. 643, Pt. AAA, §1 (NEW).] B. Money expended during the most recently completed and the current fiscal year, by project; and [PL 1997, c. 643, Pt. AAA, §1 (NEW).] C. Remaining fund balances at the end of the most recently completed fiscal year. [PL 1997, c. 643, Pt. AAA, §1 (NEW).] [PL 1997, c. 643, Pt. AAA, §1 (NEW).]
5 M.R.S. § 4753 — ME Code / Title 5 / Part 12 / Chapter 337-D / Section 4753
5 §4753. Rules; consultation
Status: in_force

1. Adoption of rules. By January 1, 2024, the Attorney General shall adopt rules for the recording, retention and reporting of information pursuant to section 4752 pertaining to persons stopped for traffic infractions. The information must include the characteristics of race, color, ethnicity, gender and age of the persons stopped, based on the observation and perception of the law enforcement officer making the stop. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2023, c. 368, Pt. C, §2 (AMD); PL 2023, c. 368, Pt. C, §4 (AFF).]

2. Consultation. In adopting rules pursuant to subsection 1 , the Attorney General shall consult with the Commissioner of Public Safety and interested parties, including law enforcement agencies and community, professional, research, civil liberties and civil rights organizations and persons with lived experience of being profiled. The Attorney General shall ensure that the parties consulted represent the racial and ethnic diversity of the State. [PL 2021, c. 460, §1 (NEW).]
5 M.R.S. § 7071 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7071
5 §7071. Employee right to review personnel file
Status: in_force

The officer shall, upon written request from an employee, provide the employee, former employee or the employee's duly authorized representative with an opportunity to review the employee's personnel file. These reviews must take place in the Bureau of Human Resources and during its normal office hours. Time spent by an employee in reviewing the employee's personnel file may not be considered as time worked. For the purposes of this section, a personnel file includes, but is not limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits that the officer has in the officer's possession. [RR 2023, c. 1, Pt. B, §45 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 8057-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8057-A
5 §8057-A. Preparation and adoption of rules
Status: in_force

In preparing and adopting rules, each agency shall strive to the greatest possible extent to follow the procedure defined in this section. [PL 1989, c. 574, §7 (NEW).]

1. Preparation of rules. At the time that an agency is preparing a rule, the agency shall consider the goals and objectives for which the rule is being proposed, possible alternatives to achieve the goals and objectives and the estimated impact of the rule. The agency's estimation of the impact of the rule must be based on the information available to the agency and any analyses conducted by the agency or at the request of the agency. The agency shall establish a fact sheet that provides the citation of the statutory authority of the rule. In addition, the agency, to the best of its ability, shall also include in the fact sheet: A. The principal reasons for the rule; [PL 1989, c. 574, §7 (NEW).] B. A comprehensive but concise description of the rule that accurately reflects the purpose and operation of the rule; [PL 1989, c. 574, §7 (NEW).] C. An estimate of the fiscal impact of the rule; [PL 2007, c. 581, §5 (AMD).] D. An analysis of the rule; and [PL 2007, c. 581, §5 (AMD).] E. A brief summary of the relevant information considered during the development of the rule. [PL 2007, c. 581, §5 (NEW).] [PL 2007, c. 581, §5 (AMD).]

2. Additional information for existing rules. For existing rules having an estimated fiscal impact greater than $1,000,000, the fact sheet shall also include the following: A. A description of the economic impact of the rule including effects that cannot be quantified in monetary terms; [PL 1989, c. 574, §7 (NEW).] B. A description and examples of individuals, major interest groups and types of businesses that will be affected by the rule and how they will be affected; and [PL 1989, c. 574, §7 (NEW).] C. A description of the benefits of the rule including those that cannot be quantified. [PL 1989, c. 574, §7 (NEW).] [PL 1989, c. 574, §7 (NEW).]

3. Public comment period. During the public comment period and prior to adoption of any rule, the agency shall strive to obtain and evaluate relevant information from the public and other information reasonably available to the agency with respect to relevant provisions in subsection 1 . [PL 1989, c. 574, §7 (NEW).]

4. Adoption of rules. At the time of adoption of any rule, the agency shall file with the Secretary of State the information developed by the agency pursuant to subsections 1 and 2 and, except for emergency rules, citations for up to 3 primary sources of information relied upon by the agency in adopting the rule. Professional judgment may be cited as one of those primary sources of information. Citations to primary sources of information are not subject to judicial review. [PL 2011, c. 304, Pt. E, §1 (AMD).]
5 M.R.S. § 2023 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2023
5 §2023. Prohibited contract, use or purchase by state agency
Status: in_force

Except as provided in sections 2027 and 2028 , a state agency may not contract with a company included on the list of prohibited companies established and maintained by the Chief Information Officer pursuant to section 2022, subsection 1 or use, obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services established and maintained by the Chief Information Officer pursuant to section 2022, subsection 2 . [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 13083-P — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-P
5 §13083-P. Exemption from execution
Status: in_force

1. Property exempt from execution. The property, including funds, of the authority is exempt from levy and sale by virtue of an execution. An execution or other judicial process may not be issued against the authority's property, and a judgment against the authority may not be a charge or lien upon its property. [PL 2005, c. 599, §1 (NEW).]

2. Construction; limitation of application. This section does not: A. Prohibit the authority from making payments in lieu of taxes to the municipality; or [PL 2005, c. 599, §1 (NEW).] B. Apply to or limit the right of an obligee to foreclose or otherwise enforce a mortgage of the authority or to pursue remedies for the enforcement of a pledge or lien given by the authority on its rents, fees, grants, revenues or other sources pledged by the authority to the payment of its bonds. [PL 2009, c. 641, §5 (AMD).] [PL 2009, c. 641, §5 (AMD).]
5 M.R.S. § 8071-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8071-A
5 §8071-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 244, §3 (NEW).]

1. Legislative review session. "Legislative review session" means the regular session of the Legislature convening after the beginning of the legislative rule acceptance period. [PL 2011, c. 244, §3 (NEW).]

2. Legislative rule acceptance period. "Legislative rule acceptance period" means the period beginning on the July 1st preceding the convening of a regular session of the Legislature and ending at 5:00 p.m. on the 2nd Friday in January after the convening of that regular session of the Legislature. [PL 2011, c. 244, §3 (NEW).]
5 M.R.S. § 1958 — ME Code / Title 5 / Part 4 / Chapter 161 / Section 1958
5 §1958. For-profit prisons (REALLOCATED FROM TITLE 5, SECTION 1957)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 1957)

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" has the same meaning as in section 17001, subsection 7 . [PL 2021, c. 234, §2 (NEW); RR 2021, c. 1, Pt. A, §4 (RAL).] B. "Retirement system" means the Maine Public Employees Retirement System. [PL 2021, c. 234, §2 (NEW); RR 2021, c. 1, Pt. A, §4 (RAL).] [PL 2021, c. 234, §2 (NEW); RR 2021, c. 1, Pt. A, §4 (RAL).]

2. Board may not invest. The board, in accordance with sound investment criteria and consistent with fiduciary obligations, may not invest the assets of the retirement system in any stocks or other securities of any corporation or company that owns or operates prisons for profit. Nothing in this subsection precludes de minimis exposure of any funds held by the board to the stocks, securities or other obligations of any corporation or company that owns or operates prisons for profit. [PL 2021, c. 234, §2 (NEW); RR 2021, c. 1, Pt. A, §4 (RAL).]

3. Board to divest. The board shall review the extent to which the assets of the retirement system are invested in any stocks or other securities of any corporation or company that owns or operates prisons for profit. The board shall, in accordance with sound investment criteria and consistent with fiduciary obligations, divest any such holdings. Nothing in this subsection precludes de minimis exposure of any funds held by the board to the stocks, securities or other obligations of any corporation or company that owns or operates prisons for profit. [PL 2021, c. 234, §2 (NEW); RR 2021, c. 1, Pt. A, §4 (RAL).]
5 M.R.S. § 2024 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2024
5 §2024. Prohibited contract, use or purchase by local governmental entity
Status: in_force

Except as provided in section 2027 , a local governmental entity may not use state funds in a contract with a company included on the list of prohibited companies established and maintained by the Chief Information Officer pursuant to section 2022, subsection 1 or use, obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services established and maintained by the Chief Information Officer pursuant to section 2022, subsection 2 . [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 244 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 244
5 §244. Records and reports; findings of improper practices
Status: in_force

The State Auditor may not perform the accounting functions for the State, but shall audit the accounts, books, records and other evidences of financial transactions kept in the Department of Administrative and Financial Services or in the other departments and agencies of State Government. The State Auditor shall prepare and publish a report for each fiscal year, setting forth the essential facts of such audits in summary form, within the following fiscal year after the books of the State Controller have been officially closed. If the State Auditor finds in the course of an audit evidences of improper transactions, or of unacceptable practices in keeping accounts or handling funds or of any other improper practice of financial administration, the State Auditor shall report the same to the Governor and the Legislature immediately. After reporting evidence of material weaknesses or reportable conditions, the State Auditor shall provide for subsequent review to ensure that those conditions are addressed in a timely manner and report to the Governor and the Legislature to confirm the status of the correction of those conditions. If the State Auditor finds evidences of illegal transactions, the State Auditor shall immediately report those transactions both to the Governor and to the Attorney General. All such evidences must be included in the annual reports of the State Auditor, and the State Auditor may, at the State Auditor's discretion, make them public at any time during the fiscal year. [PL 2025, c. 390, Pt. A, §7 (AMD).]

By September 15th of each year, the State Auditor shall schedule a meeting with each joint standing committee of the Legislature having jurisdiction over those departments or agencies in the audit of which the State Auditor has identified findings and the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and state and local government matters. The State Auditor shall present an assessment of findings and recommendations of the most recently completed audit performed pursuant to this section, including, but not restricted to, questioned costs and material weaknesses of state programs. The State Auditor shall notify affected state agencies and applicable state central service agency officials, such as, without limitation, the State Controller, State Budget Officer, Chief Procurement Officer and Chief Information Officer, of the meeting time and place. [PL 2023, c. 516, Pt. B, §5 (AMD).]
5 M.R.S. § 13053 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13053
5 §13053. Establishment
Status: in_force

The Department of Economic and Community Development is established to encourage economic and community planning and development policies and programs of the State and to coordinate these programs and policies within the context of a state economic development plan and the long-term economic plan for the State developed pursuant to Title 10, section 929‑A, subsection 1 . The department is also established to work with municipalities and regional planning and economic development organizations to build strong local and regional economies and to implement programs and services through these local and regional organizations. [PL 2017, c. 264, §2 (AMD).]

The department shall encourage the creation and retention of quality jobs through increased private sector investment and to enhance the quality of life for all by assisting local governments to plan and implement comprehensive community planning and development strategies. [PL 1987, c. 816, Pt. P, §6 (AMD).]
5 M.R.S. § 214 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 214
5 §214. Waiver; public policy
Status: in_force

Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void. [PL 1973, c. 321 (NEW).]
5 M.R.S. § 1551 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1551
5 §1551. Purpose
Status: in_force

The purpose of this chapter is to promote prompt payment of obligations incurred by agencies of State Government. It is the intent of the Legislature to prevent hardship for any business concern due to late payment of proper invoices for obligations incurred by state agencies. It is also the intent of the Legislature to encourage business concerns to provide prompt, dependable services and products of a high quality and at a reasonable cost to State Government. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 20047 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20047
5 §20047. Records
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Registration and records. Registration and other records of treatment facilities must remain confidential and are privileged to the patient. [PL 1989, c. 934, Pt. A, §3 (NEW).]

2. Information for research. Notwithstanding subsection 1 , the commissioner may make available information from patients' records for purposes of research into the causes and treatment of substance use disorder. Information under this subsection may not be published in a way that discloses patients' names or other identifying information. [PL 2017, c. 407, Pt. A, §39 (AMD).]

3. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2017, c. 243, §5) Medical emergency; methadone. Notwithstanding subsection 1 , records relating to methadone treatment of a patient for the treatment of opioid dependency that have been entered into the Controlled Substances Prescription Monitoring Program established under Title 22, section 7248 may be disclosed in an emergency setting only to the extent necessary to meet a bona fide medical emergency in which the patient's prior informed consent cannot be obtained and only to the health care professionals involved in treating the patient. Any disclosure of records pursuant to this subsection must be documented as described in Title 22, section 7250, subsection 7 . [PL 2017, c. 243, §1 (NEW); PL 2017, c. 243, §5 (AFF).]
5 M.R.S. § 18001 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18001
5 §18001. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, "qualifying member" means a member who dies as a result of an injury arising out of and in the course of employment as an employee, or a former member receiving a disability retirement benefit who dies as a result of an injury arising out of and in the course of employment as an employee. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 203-A — ME Code / Title 5 / Part 1 / Chapter 9 / Section 203-A
5 §203-A. Accounts established due to court orders or other settlements
Status: in_force

Unless specifically ordered by the court to do otherwise or for revenue or money received under section 203‑B , the Attorney General shall work with the Treasurer of State to deposit any revenue or money received as a result of any court order, court settlement or other agreement into an other special revenue account of the State and all interest must be credited to the General Fund. When, pursuant to a court order or settlement, the Attorney General receives money that is specifically designated for antitrust enforcement or for enforcement of the Maine Unfair Trade Practices Act, the Attorney General is authorized to expend such funds for expert witness fees, copying of documents, transcripts and any other purpose in accordance with the court order. Any interest on such funds, unless otherwise ordered by the court, must be credited to the General Fund. The Attorney General shall provide an accounting of such funds to the Legislature in a form and as determined by the Office of Fiscal and Program Review. [PL 2021, c. 661, §1 (AMD).]
5 M.R.S. § 1765 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1765
5 §1765. Application of subchapter to certain public school buildings
Status: in_force

Sections 1762 to 1764 do not apply to any public school facility approved by the State Board of Education prior to July 23, 1977. [RR 1997, c. 2, §13 (COR).]
5 M.R.S. § 1533 — ME Code / Title 5 / Part 4 / Chapter 142 / Section 1533
5 §1533. Declaration of budget emergency
Status: in_force

If the Legislature has adjourned sine die prior to the close of a fiscal year and the commissioner has provided notification as required by section 1668 that indicates that available General Fund resources, including any reserve for the stabilization fund under section 1535 , will not be sufficient to meet General Fund expenditures, the commissioner may declare a budget emergency. At the close of the fiscal year, the State Controller may transfer from the available balance in the stabilization fund to the General Fund unappropriated surplus up to the amount necessary to increase total General Fund resources for that fiscal year to be equal to General Fund expenditures. For the purposes of this section, the Governor may reduce the stabilization fund below the 1% minimum threshold established by section 1532 . The Governor shall inform the Legislative Council and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs immediately upon such transfers from the stabilization fund. [PL 2023, c. 412, Pt. I, §5 (AMD).]
5 M.R.S. § 3255 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3255
5 §3255. Private support organization
Status: in_force

1. Designation of private support organization. The executive director of the commission, with the consent of the voting members of the commission, shall designate a nonprofit corporation as the private support organization for the commission. The nonprofit corporation must be incorporated under the laws of this State and for purposes that are consistent with the goals, objectives, programs, responsibilities and functions of the commission. The commission's private support organization must be organized and operated exclusively to receive, hold, invest and administer property and funds and to make expenditures to and for the benefit of the commission. [PL 2025, c. 388, Pt. D, §14 (NEW).]

2. Board of directors. A member of the private support organization's board of directors may not also be a member of the commission. The executive director of the commission, or the executive director's designee, shall serve as a nonvoting ex officio member of the private support organization's board of directors. [PL 2025, c. 388, Pt. D, §14 (NEW).]

3. Scope of work. The private support organization shall operate under a memorandum of understanding negotiated annually by the commission that outlines a plan of work consistent with the purposes and goals of the commission and shall submit an annual budget for review and approval by the commission by June 1st. The memorandum of understanding must further stipulate the reversion to the commission, or to the State if the commission ceases to exist, of money and property held in trust by the private support organization if the private support organization is no longer designated by the commission pursuant to subsection 1 . [PL 2025, c. 388, Pt. D, §14 (NEW).]

4. Use of property. The commission may authorize the private support organization to use the commission's facilities, equipment and other property, except money, in keeping with the purposes of the private support organization. [PL 2025, c. 388, Pt. D, §14 (NEW).]
5 M.R.S. § 13080-R — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-R
5 §13080-R. Calculation of employment tax increment
Status: in_force

The assessor shall calculate the employment tax increment as follows. [PL 1995, c. 644, §2 (NEW).]

1. Adjustment for shifted revenues. The assessor shall subtract from the gross employment tax increment any revenues attributed to employment shifted from affiliated businesses to a business located within the base area. This adjustment is calculated by comparing the current year's income withholding tax revenues for businesses that are members of an affiliated group with revenues for the group as a whole. If the growth in income withholding tax revenue for any group exceeds the growth of income withholding tax revenue generated by the group's member business within the base area, the portion of the gross employment tax increment attributable to that business does not have to be adjusted to remove employment shifted from affiliated businesses. If the growth in income withholding tax revenue for any group is less than the growth in income withholding tax revenue for that group's member business within the base area, the difference is presumed to have been shifted from affiliated businesses to the base area and the portion of the gross employment tax increment attributable to that business is reduced by the difference. [PL 1995, c. 644, §2 (NEW).]

2. Adjustment based on percentage change in withholding taxes for all business in State. The assessor shall adjust the calculation of the employment tax increment by subtracting from the gross employment tax increment a figure obtained by multiplying the previous year's total amount of income taxes withheld within the base area by the percentage change in withholding taxes for all business within the State as a whole. [PL 1995, c. 644, §2 (NEW).]

3. Adjustment for successor business. The assessor shall further adjust the calculation of the employment tax increment, for any business that is a successor business, by subtracting from the gross employment tax increment any income tax withholding revenues attributable to a business acquired by the successor business after July 1, 1994. [PL 1995, c. 644, §2 (NEW).] Revisor's Note: §13080-R. Maine Tourism Commission (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-F)
5 M.R.S. § 18457-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18457-A
5 §18457-A. Restoration to service
Status: in_force

The plan provisions adopted by rule pursuant to section 18801 govern the return of a retiree to employment by an employer participating in the Participating Local District Consolidated Retirement Plan. [PL 2017, c. 392, §9 (NEW).]
5 M.R.S. § 18408 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18408
5 §18408. Payment of benefits when a district disbands or dissolves
Status: in_force

If the membership of the employees of a participating local district ceases under section 18255 , the funds that have been established under the Participating Local District Retirement Program for that district must be used to provide benefits for members or beneficiaries at the date of the cessation of membership. [PL 2007, c. 491, §237 (AMD).]

1. Allocation. The amount of the funds that have been established under the Participating Local District Retirement Program for the district at the date of the cessation of membership must be allocated by the board in an equitable manner to provide benefits for the members or beneficiaries: A. In accordance with this Part as in effect at the date of the cessation; and [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Based upon years of creditable service, average final compensation and accumulated contributions as of the date of the cessation, in the following order of priority: (1) For the benefit of members to the extent of the then value of their accumulated contributions in the Members' Contribution Fund; (2) If any funds remain after allocation under subparagraph (1), then for the benefit of beneficiaries then receiving payment of benefits after cessation of payments to those beneficiaries, in proportion to the then actuarial value of their respective benefits, but not to exceed the amount of those values; (3) If any funds remain after allocation under subparagraph (2), then for the benefit of members with at least 10 years of creditable service who are not then receiving benefit payments, to the extent of the actuarial value of their retirement allowances not provided by their accumulated contributions, allocating the funds on the basis of the oldest ages first; and (4) If any funds remain after allocation under subparagraph (3), then for the benefit of members in service with the district on the date of the cessation with less than 10 years of creditable service, who are not then receiving benefit payments, to the extent of the actuarial value of their retirement allowances not provided by their accumulated contributions, allocating the funds on the basis of the oldest ages first. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 2007, c. 491, §238 (AMD).]

2. Manner of payment. The allocation of the funds under subsection 1 , as decided by the board, may be carried out through the continuance of the benefit payments or the funds may be distributed in one lump sum to the persons entitled to the benefits under subsection 1 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Right to benefits. A member may not be deprived of the member's right to any benefits under this section solely because the member later terminates employment with the participating local district before the member's service retirement date. [RR 2023, c. 2, Pt. B, §142 (COR).]
5 M.R.S. § 175 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 175
5 §175. Protection from liability
Status: in_force

1. Employer protection from liability. A covered employer or other employer is not and may not be considered a fiduciary in relation to the program or enterprise fund or any other arrangement under the program. A covered employer or other employer is not and may not be liable for and does not and may not bear responsibility for: A. An employee's decision to participate in or opt out of the program; [PL 2021, c. 356, §1 (NEW).] B. Investment decisions of the board or any participant; [PL 2021, c. 356, §1 (NEW).] C. The administration, investment, investment returns or investment performance of the program, including without limitation any interest rate or other rate of return on any contribution or account balance; [PL 2021, c. 356, §1 (NEW).] D. The program design or the benefits paid to participants; [PL 2021, c. 356, §1 (NEW).] E. An individual's awareness of or compliance with the conditions and other provisions of the tax laws that determine which individuals are eligible to make tax-favored contributions to an IRA, in what amount and in what time frame and manner; or [PL 2021, c. 356, §1 (NEW).] F. Any loss, deficiency, failure to realize any gain or any other adverse consequences, including without limitation any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the program. [PL 2021, c. 356, §1 (NEW).] [PL 2021, c. 356, §1 (NEW).]

2. Protection for the State and others. The State, the board, each member of the board or other state official and any other state board, commission or agency, and any member, officer or employee of any of these entities, and the program: A. Have no responsibility for compliance by individuals with the conditions and other provisions of the Internal Revenue Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount and in what time frame and manner; [PL 2021, c. 356, §1 (NEW).] B. Have no duty, responsibility or liability to any party for the payment of any benefits under the program, regardless of whether sufficient funds are available under the program to pay such benefits; [PL 2021, c. 356, §1 (NEW).] C. Do not and may not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and [PL 2021, c. 356, §1 (NEW).] D. Are not and may not be liable or responsible for any loss, deficiency, failure to realize any gain or any other adverse consequences, including without limitation any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the program. [PL 2021, c. 356, §1 (NEW).] [PL 2021, c. 356, §1 (NEW).]

3. Debts, contracts and obligations. The debts, contracts and obligations of the program or the board are not the debts, contracts and obligations of the State, and the faith and credit or the taxing power of the State is not pledged directly or indirectly to the payment of the debts, contracts and obligations of the program or the board. [PL 2021, c. 356, §1 (NEW).]

4. Immunity of board members. The board and its staff are immune from suit on any and all tort claims seeking recovery of damages to the same extent as governmental entities under the Maine Tort Claims Act. [PL 2021, c. 356, §1 (NEW).]

5. Legal representation and defense of board. The Attorney General is legal counsel to the board and shall represent and defend the board, as a group and individually, in connection with any claim, suit or action at law arising out of the performance or nonperformance of any actions related to the program under this chapter to the same extent as provided for governmental entities in the Maine Tort Claims Act. [PL 2021, c. 356, §1 (NEW).]
5 M.R.S. § 1509-A — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1509-A
5 §1509-A. Payment by credit card
Status: in_force

State departments and agencies shall implement, with the approval of the State Controller and the State Treasurer, procedures for accepting payment for goods, services, taxes, fines, charges or any other fees by credit card, debit card or other electronic means. Unless otherwise provided for in law, a state department or agency may impose a surcharge, including a service fee, for payments made by credit card or debit card for taxes, fines, charges, utility fees, regulatory fees, registration fees, license or permit fees or the provision of a specific service or good provided by that state department or agency in accordance with the provisions of Title 9‑A, section 8‑509, subsection 2 . [PL 2021, c. 150, §1 (AMD).]
5 M.R.S. § 41 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 41
5 §41. Employment of counsel or witnesses
Status: in_force

No head of any department shall employ counsel or witnesses, at the expense of the State, to appear before any committee of the Legislature, without the consent of the Legislature.
5 M.R.S. § 18502 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18502
5 §18502. Application
Status: in_force

1. Written application. In order to receive a benefit under this article, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §31 (RP); PL 2021, c. 277, §45 (AFF).] [PL 2021, c. 277, §31 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Approval. The written application must be approved by the chief executive officer. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1742-G — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1742-G
5 §1742-G. Bureau of General Services; inventory of asbestos, lead, black mold, radon and other substances that may be harmful to human health in state-owned and state-leased buildings
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Bureau" means the Bureau of General Services within the department. [PL 2021, c. 262, §1 (NEW).] B. "Department" means the Department of Administrative and Financial Services. [PL 2021, c. 262, §1 (NEW).] C. "State-owned building" means a building owned by the State in which persons employed by a state agency perform job duties, including, but not limited to, maintenance and repair work. [PL 2021, c. 262, §1 (NEW).] [PL 2021, c. 262, §1 (NEW).]

2. Initial inventory. The bureau shall inventory all state-owned buildings to identify the presence of asbestos, lead, black mold, radon and other substances that may be harmful to human health. The department shall require property owners of buildings leased to the State to conduct a similar inventory and provide the results of the inventory to the bureau prior to executing a new lease or renewing or extending an existing lease and, with respect to a lease that on the effective date of this subsection has a remaining term of more than 2 years, within 12 months of the effective date of this subsection. The bureau shall enter the results of the inventories into the database established and maintained by the bureau pursuant to subsection 3 . [PL 2023, c. 392, §1 (AMD).]

3. Database. The bureau shall establish and maintain an electronic database including, for each state-owned building or state-leased building: A. The results of the inventories completed by the bureau and by the property owners of state-leased buildings pursuant to subsection 2 ; [PL 2021, c. 262, §1 (NEW).] B. Detailed plans for the mitigation, remediation, abatement or containment of asbestos, lead, black mold, radon and other substances that may be harmful to human health found in state-owned buildings and state-leased buildings; and [PL 2023, c. 392, §1 (AMD).] C. Data on the completion of planned mitigation, remediation, abatement or containment under paragraph B . [PL 2023, c. 392, §1 (AMD).] [PL 2023, c. 392, §1 (AMD).]

4. Access to database. The database established and maintained pursuant to subsection 3 must be readily accessible electronically to: A. Collective bargaining agents of employees who work in state-owned buildings or state-leased buildings; [PL 2021, c. 262, §1 (NEW).] B. State employees whose usual work sites are state-owned buildings or state-leased buildings that contain asbestos, lead, black mold, radon or other substances that may be harmful to human health; [PL 2023, c. 392, §1 (AMD).] C. Individuals who perform maintenance, repair and custodial services in state-owned buildings or state-leased buildings; [PL 2021, c. 262, §1 (NEW).] D. Firefighters responsible for providing services to state-owned buildings or state-leased buildings; [PL 2021, c. 262, §1 (NEW).] E. The Department of Labor; [PL 2021, c. 262, §1 (NEW).] F. The Department of Health and Human Services, Maine Center for Disease Control and Prevention; and [PL 2021, c. 262, §1 (NEW).] G. Members of the joint standing committee of the Legislature having jurisdiction over state and local government matters. [PL 2021, c. 262, §1 (NEW).] [PL 2023, c. 392, §1 (AMD).]

5. Building maintenance or repair. Prior to any maintenance or repair of a state-owned building by a person employed by a state agency, the bureau shall review the building's records in the database established and maintained pursuant to subsection 3 or inventory the state-owned building if the state-owned building has not already been inventoried pursuant to subsection 2 and add the results of the inventory into the database established and maintained pursuant to subsection 3 . If asbestos, lead, black mold, radon or other substances that may be harmful to human health are found in the state-owned building to be maintained or repaired by a person employed by a state agency, the bureau shall inform the person performing the maintenance or repair work and provide appropriate protective gear. [PL 2023, c. 392, §1 (AMD).]

6. Monitoring, mitigation, abatement and remediation. To promote a safe and healthy environment in state-owned buildings, the bureau's division of safety and environmental services shall: A. Provide statewide monitoring of state-owned buildings to continuously identify the presence of health hazards in state-owned buildings, including, but not limited to, asbestos, lead, black mold, radon and other substances that may be harmful to human health; [PL 2023, c. 392, §1 (AMD).] B. Conduct routine building inventories and testing as appropriate to discover and assess the presence of health hazards in state-owned buildings, including, but not limited to, asbestos, lead, black mold, radon and other substances that may be harmful to human health; [PL 2023, c. 392, §1 (AMD).] C. Identify any mitigation, abatement, remediation, containment and maintenance necessary to address and prevent potential health hazards in state-owned buildings, including, but not limited to, asbestos, lead, black mold, radon and other substances that may be harmful to human health; and [PL 2023, c. 392, §1 (AMD).] D. Work with state departments and state agencies to develop safety protocols and train state employees on safety protocols. [PL 2021, c. 262, §1 (NEW).] [PL 2023, c. 392, §1 (AMD).]

7. Biennial report. The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters that describes the conditions of state-owned buildings and state-leased buildings and areas of concern by February 1st of every even-numbered year. [PL 2021, c. 262, §1 (NEW).]

8. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2021, c. 262, §1 (NEW).]
5 M.R.S. § 4563 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4563
5 §4563. Quorum
Status: in_force

Three members of the commission shall constitute a quorum. A vacancy in the commission shall not impair the power of the remaining members to exercise all the powers of the commission. [PL 1971, c. 501, §1 (NEW).]
5 M.R.S. § 112 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 112
5 §112. Appointment of agent by nonfiling or nonqualified foreign entity
Status: in_force

1. Contents of statement. A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity that states: A. The name, type and jurisdiction of organization of the entity; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. The information required by section 105, subsection 1 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Effective on filing. A statement appointing an agent for service of process takes effect on filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Effect of appointment. The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this State and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this State. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Distinguishable name. A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Cancellation of statement. An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which takes effect upon filing, and shall state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this State. A statement appointing an agent for service of process that has not been canceled earlier is effective for a period of 5 years after the date of filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

6. Termination upon becoming qualified. A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 9052-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9052-A
5 §9052-A. Holding of hearings
Status: in_force

Whenever an agency, including environmental agencies, holds a hearing pursuant to this subchapter, the agency shall strive to hold a hearing in the area or areas of the State which are significantly affected by the license application or which are concerned about the issue. [PL 1987, c. 653, §3 (NEW).]
5 M.R.S. § 17702 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17702
5 §17702. State payment of member share in lieu of member contribution
Status: in_force

Notwithstanding any other provision in this Part, except as provided in subsection 5 , the State may agree to provide for members, pursuant to law, through a collective bargaining contract, or as the Legislative Council may agree to provide for approved legislative employees, payment for a member's mandatory contribution to the State Employee and Teacher Retirement Program, as established by section 17701 , instead of deducting the contribution from the member's compensation or having the contribution picked up by the employer. [PL 2007, c. 491, §105 (AMD).]

1. Retirement Allowance Fund. Payments made, whether through a collective bargaining contract or through Legislative Council action, shall be accumulated in the Retirement Allowance Fund. [PL 1985, c. 801, §§5, 7 (NEW).]

2. Manner of payment. Payments shall be made in the same manner and on the same basis as contributions deducted from the member's compensation or picked up by the employer under sections 17201 , 17202 and 17203 . [PL 1987, c. 739, §§16, 48 (AMD).]

3. Refundability. Contributions made by the State on behalf of a member under this section may not be refunded if the member withdraws from membership, terminates service or dies. [PL 1985, c. 801, §§5, 7 (NEW).]

4. Percentage rate. When the State pays for a member's mandatory contribution, as authorized by this section, the percentage rate paid by the State must be that rate, determined by the actuary and approved by the board, that provides the same net revenues to the State Employee and Teacher Retirement Program as the applicable mandatory rate paid by the member. [PL 2007, c. 491, §106 (AMD).]

5. Member contribution. Amounts paid by the State in lieu of the member contribution do not include the 1% that is paid by a member hired after July 1, 1992. [PL 1991, c. 780, Pt. HHH, §3 (NEW).]

6. Member contributions on and after July 1, 1993. On and after July 1, 1993 all members whose contributions are paid by the State in lieu of the member contribution shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the amount paid by the State. [PL 2007, c. 491, §107 (AMD).]
5 M.R.S. § 1534 — ME Code / Title 5 / Part 4 / Chapter 142 / Section 1534
5 §1534. General Fund appropriation limitation
Status: in_force

1. Establishment of General Fund appropriation limitation. As of December 1st of each even-numbered year, the State Budget Officer shall establish a General Fund appropriation limitation for each fiscal year of the ensuing biennium. The General Fund appropriation limitation applies to all General Fund appropriations and must be calculated as follows. A. For the 2024-2025 biennium, the General Fund appropriation limitation for the first fiscal year is equal to the biennial base year appropriation. For subsequent biennia, the General Fund appropriation limitation for the first fiscal year of the biennium is equal to the biennial base year appropriation multiplied by one plus the growth limitation factor in subsection 2 . [PL 2023, c. 412, Pt. I, §6 (AMD).] B. For the 2nd fiscal year of the biennium, the General Fund appropriation limitation is equal to the General Fund appropriation limitation of the first fiscal year of the biennium multiplied by one plus the growth limitation factor in subsection 2 . [PL 2023, c. 412, Pt. I, §6 (AMD).] [PL 2023, c. 412, Pt. I, §6 (AMD).]

2. Growth limitation factor. The growth limitation factor is the average personal income growth. A. [PL 2015, c. 267, Pt. L, §7 (RP).] B. [PL 2015, c. 267, Pt. L, §7 (RP).] [PL 2015, c. 267, Pt. L, §7 (AMD).]

3. Exceeding General Fund appropriation limitation; extraordinary circumstances. The General Fund appropriation limitation established in subsection 1 may be exceeded for extraordinary circumstances only under the following circumstances. A. The extraordinary circumstances must be circumstances outside the control of the Legislature, including: (1) Catastrophic events such as natural disaster, terrorism, fire, war and riot; (2) Unfunded or underfunded state or federal mandates; (3) Citizens' initiatives or other referenda; (4) Court orders or decrees; or (5) Loss of federal funding. Extraordinary circumstances do not include changes in economic conditions, revenue shortfalls, increases in salaries or benefits, new programs or program expansions that go beyond existing program criteria and operation. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).] B. The appropriation limitation in subsection 1 may be exceeded only by a vote of both Houses of the Legislature in a separate measure that identifies the extraordinary circumstance and the intent of the Legislature to exceed the appropriation limitation. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).] C. Exceeding the appropriation limitation established in subsection 1 permits appropriations to exceed the appropriation limitation only for the period necessary to address the extraordinary circumstance and does not increase the base for purposes of calculating the appropriation limitation for future years. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).] [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

4. Increase in appropriation limitation. The appropriation limitation established in subsection 1 may be increased for other purposes only by a vote of both Houses of the Legislature in a separate measure that identifies the intent of the Legislature to exceed the appropriation limitation. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]
5 M.R.S. § 17763-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17763-A
5 §17763-A. Purchase of service credit by an educator of a child with a disability; service before July 1, 1976
Status: in_force

If a member can provide the board with satisfactory evidence that the member performed before July 1, 1976 any work as an educator or teacher of a child with a disability, as defined in Title 20‑A, section 7001, subsection 1‑B , including as a teacher who may not meet the definition in section 17001, subsection 42 , in a private or parochial school or other school, center, facility or program that was not part of a public school system, the member may purchase up to one year of service credit for any such work performed before July 1, 1976. Service credit for this work must be calculated on the basis of school years. In order to purchase this service credit and before any retirement benefit becomes effective, the member must pay into the Members' Contribution Fund by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent at the effective date of the retirement benefit of the portion of the retirement benefit based on the additional creditable service. Annual payments must be made in accordance with section 17701, subsection 4 . Additional amounts paid under this subsection become a part of the member's accumulated contributions. If any retirement benefit becomes effective before the completion of the payment under this section, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made plus regular interest on those payments to the date the retirement benefit becomes effective bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 2007, c. 491, §140 (AMD).]
5 M.R.S. § 3257 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3257
5 §3257. Maine Climate Corps Program
Status: in_force

The Maine Climate Corps Program, referred to in this section as “the program,” is established within the commission to provide grants, technical assistance and training to community service corps programs with the mission of responding to the impacts of climate change. Eligible community service corps programs under the program must be designed to: [PL 2025, c. 388, Pt. D, §14 (NEW).]

1. Direct service projects. Conduct evidence-based direct service projects developed through community collaboration, including collaboration with indigenous communities, that address principles of equity, justice and accessibility; [PL 2025, c. 388, Pt. D, §14 (NEW).]

2. Climate impacts. Address through measurable performance one or more of the following areas: transportation, energy, housing, the State’s coastal zone as defined under the United States Department of Commerce, National Oceanic and Atmospheric Administration’s coastal zone management program, public health, land and fresh water preservation, community resilience and climate-related education; [PL 2025, c. 388, Pt. D, §14 (NEW).]

3. Disproportionately affected communities; representation. Prioritize assistance to disproportionately affected communities and ensure that individuals in service positions represent the economic and demographic diversity of communities, including persons who are historically marginalized; and [PL 2025, c. 388, Pt. D, §14 (NEW).]

4. Additional standards. Meet additional program standards, including, but not limited to, requirements to: A. Enroll individuals for set terms in service positions; [PL 2025, c. 388, Pt. D, §14 (NEW).] B. Provide individuals in full-time service positions with stipends, health insurance, liability insurance and accidental death or dismemberment insurance; [PL 2025, c. 388, Pt. D, §14 (NEW).] C. Provide individuals in service positions with training, education and service experiences that further employability or career preparation; and [PL 2025, c. 388, Pt. D, §14 (NEW).] D. Meet any other standards set by the commission or nationally for similar programs. [PL 2025, c. 388, Pt. D, §14 (NEW).] [PL 2025, c. 388, Pt. D, §14 (NEW).]
5 M.R.S. § 9061 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9061
5 §9061. Decisions
Status: in_force

Every agency decision made at the conclusion of an adjudicatory proceeding must be in writing or stated in the record and must include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision must be delivered or promptly mailed to each party to the proceeding or the party's representative of record. Written notice of the party's rights to review or appeal of the decision within the agency or review of the decision by the courts, as the case may be, and of the action required and the time within which the action must be taken in order to exercise the right of review or appeal, must be given to each party with the decision. [RR 2023, c. 2, Pt. B, §82 (COR).]

The agency shall maintain a record of the vote of each member of the agency with respect to the agency decision. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 202 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 202
5 §202. Employment of detectives
Status: in_force

The Attorney General may, for the Department of the Attorney General or through the several district attorneys or other officers of the State, employ such detectives or other persons, offer rewards or use other means that the Attorney General considers advisable for the detection, arrest and apprehension of persons who commit crime in this State. Detectives with the department may exercise all the powers necessary to levy and enforce writs of execution on judgments owed to the State. Any property seized as payment towards a judgment owed to the State may be sold by the State at a surplus auction or in any other commercially reasonable manner. [PL 2007, c. 248, §2 (AMD).]
5 M.R.S. § 17909 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17909
5 §17909. Statement of compensation
Status: in_force

1. Requirement. The chief executive officer shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of the beneficiary's compensation received from engaging in any gainful occupation during that year. [RR 2023, c. 2, Pt. B, §126 (COR).]

2. Failure to submit statement. Failure to submit the statement under subsection 1 , shall result in the following: A. If the beneficiary fails to submit the statement required under subsection 1 within 30 days of receipt of the chief executive officer's request for the statement, the beneficiary's disability retirement benefit shall be discontinued until the statement is submitted; or [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).] B. If the beneficiary fails to submit the statement required under subsection 1 , within one year of receipt of the chief executive officer's request for the statement, all the beneficiary's rights to further benefits shall cease. [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1541-A — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1541-A
5 §1541-A. Financial management and accounting practices
Status: in_force

The Commissioner of Administrative and Financial Services and the State Controller shall: [PL 2003, c. 83, §1 (NEW).]

1. Develop manual. Develop a financial management and accounting practices manual for the purpose of promulgating systemwide uniform financial management practices for state agencies. The manual must be updated on an annual basis; and [PL 2003, c. 83, §1 (NEW).]

2. Develop program. Develop and implement a program to provide training on a periodic basis to appropriate financial and accounting personnel across department lines in State Government on uniform financial management and accounting practices. [PL 2003, c. 83, §1 (NEW).]
5 M.R.S. § 1991 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1991
5 §1991. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

1. Administrator. "Administrator" means the Administrator of the Office of Geographic Information Systems. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

2. Geographic information system or GIS. "Geographic information system" or "GIS" means an entire formula, pattern, compilation, program, device, method, technique, process, digital data base or system that electronically records, stores, reproduces and manipulates by computer geographic information system data. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

3. Geographic information system data or GIS data. "Geographic information system data" or "GIS data" means geographic information that has been compiled and digitized for use in geographic information systems by a state agency, either alone or in cooperation with other agencies. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

4. Geographic information system services or GIS services. "Geographic information system services" or "GIS services" means the process of gathering, storing, maintaining and providing geographic information system data for geographic information systems. "Geographic information system services" or "GIS services" does not include general purpose data processing services. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 8056-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8056-A
5 §8056-A. Technical assistance; annual report
Status: in_force

1. Checklist. The Secretary of State shall establish and implement a checklist that must be completed by agencies and attached to adopted rules filed with the Secretary of State after December 31, 1989. The checklist must include the timing of filing and notices as well as other procedural requirements of this subchapter. [PL 1991, c. 554, §3 (AMD).]

2. Technical assistance. The Secretary of State shall develop uniform drafting instructions for use by all agencies that propose rules under this subchapter and shall compile those instructions in a drafting manual. In addition, the Secretary of State shall provide assistance to any agency regarding the form for drafting of rules and supporting materials and the other requirements of this subchapter. [PL 1991, c. 554, §3 (AMD).]

3. Report. The Secretary of State shall report to the Governor and the joint standing committee of the Legislature having jurisdiction over state and local government prior to February 1st of each year with respect to rule-making activities for the prior year. The report must include a list of all the rules that were adopted, provisionally adopted or finally adopted by agencies during that prior year, as well as state whether each rule is a routine technical or major substantive rule, whether a rule was adopted on an emergency basis and what the statutory authority is for the rule. The report must also include statistical information on agency rule-making activities and recommendations for improvements to the rule-making process. In preparing the report, the Secretary of State shall solicit comments on this subchapter from agencies and their legal counsels, the Executive Director of the Legislative Council and the public. [PL 2025, c. 384, §20 (AMD).]
5 M.R.S. § 1660-H — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-H
5 §1660-H. Rulemaking
Status: in_force

The commissioner shall adopt rules, as necessary to comply with this section, establishing uniform standards when administering agreements with a community agency. These rules must address the following subjects: community agency accounting, reporting and auditing standards; department program responsibilities; program compliance requirements; standard administrative requirements and cost principles; agreement register; audit responsibilities; standards and procedures for departmental examinations; appeals and resolution process; and sanctions and timetables for accountability. [PL 2005, c. 519, Pt. SS, §4 (AMD).]
5 M.R.S. § 18456 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18456
5 §18456. Minimum benefit
Status: in_force

A member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 a month. A former participating local district employee who had 10 or more years of creditable service and who is receiving a retirement allowance, including adjustments provided by section 18407, that is less than $100 a month must have that former employee's retirement benefit increased to $100 a month the first day of the month following adoption of this section by the participating local district. [RR 2023, c. 2, Pt. B, §149 (COR).]
5 M.R.S. § 324 — ME Code / Title 5 / Part 1 / Chapter 15-A / Section 324
5 §324. Advice and assistance to commission
Status: in_force

The commission may request the assistance and advice of any state agency in the administration of its duties. Any state agency receiving a request shall render any assistance and advice to the commission within reasonable means. [PL 1993, c. 590, §1 (NEW).]
5 M.R.S. § 18551 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18551
5 §18551. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Designated beneficiary. "Designated beneficiary" means the beneficiary designated under section 18552 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Qualifying member. "Qualifying member" means a member in service or a former member who is receiving a disability retirement benefit. Beginning July 1, 1993, for purposes of section 18553, subsection 1 , "qualifying member" also means a member not in service. For purposes of section 18553, subsection 5-B , "qualifying member" also means a member not in service who has qualified for a service retirement benefit. [PL 1991, c. 469, §4 (AMD).]
5 M.R.S. § 18557 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18557
5 §18557. Survivor's benefit contribution
Status: in_force

1. Information from fiscal officer. Before a participating local district elects survivor benefits under section 18553 or 18556 , the chief fiscal officer of the participating local district shall submit to the board that information prescribed by the board to assist the board in determining the cost of the initial survivor benefit contribution of the participating local district. A. The determination of the initial survivor benefit contribution shall be made on the actuarial basis adopted by the board. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. The expense of determining the cost of the initial survivor benefit contribution shall be assessed against and paid by the participating local district on whose account it is made. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Annual determination. Annually, the board shall actuarially determine the survivor benefit contribution of a participating local district which has elected survivor benefits, on the basis of information it may prescribe. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Increase. The board may increase, by not more than 25% in any year, the survivor benefit contribution of a participating local district, if, in the opinion of the board, the benefits paid on behalf of beneficiaries of members of the participating local district is greater than the benefits expected to be paid on the actuarial basis. [PL 1985, c. 801, §§ 5, 7 (NEW).]

4. Certification. The board shall certify to the chief fiscal officer of the participating local district: A. The survivor benefit contribution for the participating local district, computed in accordance with this section; plus [PL 1985, c. 801, §§ 5, 7 (NEW).] B. A pro rata share of the cost of the administration of the survivor benefit program, based on the gross payroll of employees and the expense of determining the annual survivor benefit contribution. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]

5. Charge. The amounts certified under subsection 4 shall be a charge against the participating local district. [PL 1985, c. 801, §§ 5, 7 (NEW).]

6. Member contribution. A participating local district may require each of its members to make a contribution, not to exceed 1/4 of 1% of earnable compensation, as long as the member is employed. [PL 2007, c. 249, §34 (AMD).]

7. Payment. All survivor benefit contributions by participating local districts that have elected survivor benefits and all contributions by members of those districts must be paid into the Retirement Allowance Fund. [PL 2007, c. 249, §35 (AMD).]
5 M.R.S. § 17251 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17251
5 §17251. Establishment
Status: in_force

The Retirement Allowance Fund is established in which must be accumulated all reserves required for the payment of benefits under this Part, other than reserves in the Members' Contribution Fund. [PL 2007, c. 249, §20 (AMD).]
5 M.R.S. § 19001 — ME Code / Title 5 / Part 21 / Chapter 431 / Section 19001
5 §19001. Declaration of policy
Status: in_force

In order to extend to employees of the political subdivisions of the State of Maine, and to the civilian employees of the Maine National Guard who are employed pursuant to the National Defense Act of 1916, whether members of existing retirement or pension systems or not, the benefits of social security provided under the federal Social Security Act enacted by the Congress of the United States, it is declared to be the policy of the Legislature, subject to the limitations of this chapter, that steps be taken to provide those benefits to such employees on as broad a basis as is permitted under the federal Social Security Act. This chapter applies to employees of the Maine Maritime Academy who are members of an existing retirement or pension system. This chapter does not apply to teachers who are under a state or local government pension or retirement plan, except teachers at the Maine Maritime Academy. To bring sheriffs and their deputies under social security, these law enforcement officers are considered "policemen" for the purposes of the federal Social Security Act. [PL 2025, c. 390, Pt. A, §16 (AMD).]
5 M.R.S. § 17926 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17926
5 §17926. Examinations or tests
Status: in_force

Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 17921, subsection 1, paragraph D ; section 17924 ; section 17929, subsection 2, paragraph B ; or section 17933, subsection 3, paragraph A are governed as follows. [PL 2021, c. 277, §23 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

1. Agreed upon health care provider. The examinations or tests must be conducted by a health care provider mutually agreed upon by the chief executive officer and the member claiming to be disabled. [PL 2021, c. 277, §23 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Agreed upon place. The examinations or tests must be conducted at the health care provider's office or facility or at a place mutually agreed upon by the chief executive officer and the member claiming to be disabled. [PL 2021, c. 277, §23 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

3. Costs. The costs incurred under subsections 1 and 2 must be paid by the retirement system. [PL 2021, c. 277, §23 (AMD); PL 2021, c. 277, §45 (AFF).]
5 M.R.S. § 8060 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8060
5 §8060. Regulatory agenda
Status: in_force

Each agency with the authority to adopt rules shall issue to the appropriate joint standing committee or committees of the Legislature and to the Secretary of State an agency regulatory agenda as provided in this section. [PL 1989, c. 547, §8 (NEW).]

1. Contents of agenda. Each agency regulatory agenda to the maximum possible extent shall contain the following information: A. A list of rules that the agency expects to propose prior to the next regulatory agenda due date and whether the agency anticipates engaging in any consensus-based rule development process; [PL 1999, c. 307, §3 (AMD).] B. The statutory or other basis for adoption of the rule; [PL 1989, c. 547, §8 (NEW).] C. The purpose of the rule; [PL 1989, c. 547, §8 (NEW).] D. The contemplated schedule for adoption of the rule; [PL 1989, c. 547, §8 (NEW).] E. An identification and listing of potentially benefited and regulated parties; and [PL 1989, c. 547, §8 (NEW).] F. A list of all emergency rules adopted since the previous regulatory agenda due date. [PL 1989, c. 547, §8 (NEW).] [PL 1999, c. 307, §3 (AMD).]

2. Due date. A regulatory agenda must be issued between the beginning of a regular legislative session and 100 days after adjournment. [PL 1993, c. 362, §7 (AMD).]

3. Legislative copies. The agency shall provide copies of the agency regulatory agenda to the Legislature as provided in section 8053‑A . [PL 1989, c. 547, §8 (NEW).]

4. Availability. An agency which issues an agency regulatory agenda shall provide copies to interested persons. [PL 1989, c. 547, §8 (NEW).]

5. Legislative review of agency regulatory agendas. Each regulatory agenda shall be reviewed by the appropriate joint standing committee of the Legislature at a meeting called for the purpose. The committee may review more than one agenda at a meeting. [PL 1989, c. 547, §8 (NEW).]

6. Application. Nothing in this section or section 8053‑A may be construed to prohibit agencies from adopting emergency rules that have not been listed or included in the regulatory agenda pursuant to this section. [PL 1991, c. 540, §1 (AMD).]

7. Agenda listing required. Notwithstanding any provision of law to the contrary, a rule may not be proposed pursuant to Title 38, chapter 16‑D unless the chemicals affected by that proposed rule were specifically disclosed to the Legislature prior to the initiation of the rule-making process as part of a regulatory agenda, except that this subsection may not be construed to prohibit an agency from initiating appropriate rule-making proceedings in response to any person who petitions for adoption or modification of rules pursuant to section 8055 . [PL 2011, c. 319, §1 (NEW).]
5 M.R.S. § 18055 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18055
5 §18055. Participation
Status: in_force

1. Availability. Except as provided in subsection 2 or 4 , insurance purchased under section 18051 must be made available to the following persons: A. Elective and appointive officers and employees of the State eligible for membership in the State Employee and Teacher Retirement Program or the Legislative Retirement Program; [PL 2007, c. 491, §179 (AMD).] B. Teachers eligible for membership in the State Employee and Teacher Retirement Program; [PL 2007, c. 491, §180 (AMD).] C. Justices of the Supreme Judicial Court and the Superior Court and Judges of the District Court and the Administrative Court; and [PL 2001, c. 12, §4 (AMD).] D. Workers' compensation commissioners. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2007, c. 491, §§179, 180 (AMD).]

2. Exception. The board may, by rule, provide standards for inclusion or exclusion of employees on the basis of nature and type of employment or conditions. No employee or group of employees may be excluded solely on the basis of the hazardous nature of employment. [PL 1985, c. 801, §§5, 7 (NEW).]

3. Employment with 2 employers. Except as provided in section 18056, subsection 3, paragraph D and section 18656, subsection 3, paragraph D , a participant to whom coverage is available under subsection 1 or section 18655, subsection 1 may participate through employment with 2 or more employers. [PL 2003, c. 485, §2 (NEW).]

4. Retirees who return to service. A retiree who is insured pursuant to section 18061, subsection 2 or 18661, subsection 2 and who returns to employment in a position in which the person would be eligible for coverage under subsection 1 is eligible for coverage under subsection 1 only if that person pays the cost of the coverage. This limitation applies regardless of whether similarly employed persons who are not retirees would be required to pay the cost. The board shall establish a method by which such persons may pay the costs of insurance coverage elected under this subsection, which may include basic and supplemental insurance. [PL 2003, c. 485, §2 (NEW).]
5 M.R.S. § 18301 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18301
5 §18301. Member contribution
Status: in_force

Each member shall contribute to the Participating Local District Retirement Program or have pick-up contributions made by the employer at a rate of 6.5% of earnable compensation, except as otherwise provided in this Part. [PL 2007, c. 491, §210 (AMD).]

1. Employer pick-up. The contributions required to be made on behalf of a member under this section shall, after the effective date of this section, be picked up by the employer in lieu of contributions by the employee with a reduction of the member's salary consistent with section 17001, subsection 28‑A . [PL 1987, c. 739, §§33, 48 (NEW).]

2. No employee option. The employee may not choose to receive pick-up contribution amounts directly instead of having them paid by the employer to the Participating Local District Retirement Program. [PL 2007, c. 491, §211 (AMD).]

3. Treatment of pick-up contributions. Pick-up contributions shall be treated as follows. A. Pick-up contributions shall be treated as the employer's contribution in determining tax treatment under the United States Internal Revenue Code for federal tax purposes, pursuant to the United States Code, Title 26, Section 414(h)(2). [PL 1987, c. 739, §§33, 48 (NEW).] B. For all other purposes, pick-up contributions shall be treated in the same manner and to the same extent as member contributions were treated before the effective date of this section. [PL 1987, c. 739, §§33, 48 (NEW).] [PL 1987, c. 739, §§33, 48 (NEW).]

4. Payment of contributions for back time; repayment of refunds; purchase of service credit. Wherever under this chapter provision is made for payment of contributions for back time, repayment of refunds or purchase of service credit through annual direct payments, those payments may be made either by a single annual payment or by an increased rate of contribution through payroll deduction. For payments or repayments made by single annual payments, the board shall designate, by rule, a period of not less than 30 days during which annual direct payments or repayments may be made. Regardless of whether payment or repayment is made by a single annual payment or by payroll deduction, the payment or deduction must be sufficient to cover interest costs and effect some reduction in principal. [PL 1999, c. 537, §2 (RPR); PL 1999, c. 537, §3 (AFF).]

5. Member contributions to Participating Local District Consolidated Retirement Plan. The board may establish by rule the rate at which members who participate in the consolidated plan described in chapter 427 contribute to that plan. Rules established pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2013, c. 391, §1 (NEW).]
5 M.R.S. § 3125 — ME Code / Title 5 / Part 8 / Chapter 310-A / Section 3125
5 §3125. Annual report
Status: in_force

No later than January 1, 2023 and annually thereafter, the office shall submit a report to the Governor, the legislative oversight committee and the advisory council of its findings in accordance with this chapter. The report must include a summary of comments received at the annual public hearing convened under section 3124 . [PL 2021, c. 459, §3 (NEW).]
5 M.R.S. § 4659 — ME Code / Title 5 / Part 12 / Chapter 337-A / Section 4659
5 §4659. Violation
Status: in_force

1. Crime committed. Violation of a temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation or a court-approved consent agreement, when the defendant has prior actual notice of the order or agreement, is a Class D crime, except when the only provision that is violated concerns relief authorized under section 4655, subsection 1, paragraphs D to G . Violation of these paragraphs must be treated as contempt and punished in accordance with law. [PL 2015, c. 443, §7 (AMD).]

2. Warrantless arrest. Notwithstanding any statutory provision to the contrary, an arrest for criminal violation as defined in this section of an order or consent agreement may be made without warrant upon probable cause whether or not the violation is committed in the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of a protective order by telephone or radio communication with a law enforcement agency with knowledge of the order. [PL 1993, c. 469, §2 (AMD).]
5 M.R.S. § 1747 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1747
5 §1747. Questionnaire as prebid qualification
Status: in_force

The public official may require, from a firm proposing to bid on public work duly advertised, a standard qualification statement and a letter from a licensed bonding company confirming that the firm has the financial capacity to perform the work before furnishing that person with plans and specifications for the proposed public work advertised. [PL 1997, c. 295, §1 (AMD).]

The Director of General Services, after consultation with the appropriate department head or superintendent of schools, may refuse to release plans and specifications to a contractor for the purpose of bidding on a project: [PL 1997, c. 295, §1 (AMD).]

1. Untimely completion. If, in the opinion of the director, there is evidence the contractor has not completed in a timely manner a prior construction project or projects and the resulting noncompletion clearly reflects disregard for the completion date and has created a hardship for the owner; [PL 1997, c. 295, §1 (AMD).]

2. Incomplete work. If, in the opinion of the director, there is evidence the contractor has a history of inability to complete similar work; [PL 1997, c. 295, §1 (AMD).]

3. Insufficient resources. If, in the opinion of the director, there is evidence the contractor does not have sufficient resources to successfully complete the work. The director may require additional information about the contractor's resources, including identification of major claims or litigation pending and whether the contractor has sought protection under the bankruptcy laws in the past 5 years. That information is confidential and not subject to disclosure under Title 1, chapter 13, subchapter 1 . In evaluating the resources of a contractor, the director may consider the contractor's prior experience, including any significant disparity between the size and type of prior projects and the project or projects under consideration; [PL 2003, c. 589, §1 (AMD).]

4. Misconduct. If the contractor has been convicted of collusion or fraud or any other civil or criminal violation relating to construction projects; [PL 2001, c. 271, §3 (AMD).]

5. Safety record. If, in the opinion of the director, there is evidence of a history of inadequate safety performance and lack of formal safety procedures; [PL 2001, c. 271, §4 (NEW).]

6. Material misrepresentation. If, in the opinion of the director, there is evidence of a material misrepresentation on the contractor's prebid qualification statement; or [PL 2001, c. 271, §4 (NEW).]

7. Termination, suspension, defaults. If, in the opinion of the director, there is evidence that the contractor through its own fault has been terminated, has been suspended for cause, has been debarred from bidding, has agreed to refrain from bidding as part of a settlement or has defaulted on a contract or had a contract completed by another party. [PL 2001, c. 271, §4 (NEW).]

If a contractor is disqualified for any of the reasons stated in subsection 1 , 2 , 4 , 5 , 6 or 7 , the director may disallow the contractor from bidding on any similar public improvements for a period not to exceed one year. [PL 2001, c. 271, §5 (AMD).]
5 M.R.S. § 17105 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17105
5 §17105. Chief executive officer
Status: in_force

1. Duties. In addition to other duties set out in this Part, the chief executive officer, as appointed under section 17103, subsection 8 , shall have the following duties. A. The chief executive officer shall have administrative responsibility for the retirement system, including responsibility for the approval of the payment of all benefits under this Part. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] B. The chief executive officer shall obtain whatever services are required to transact the business of the retirement system. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] C. The chief executive officer shall keep in convenient form whatever data are necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of each of the programs of the retirement system. [PL 2007, c. 491, §78 (AMD); PL 2021, c. 548, §45 (REV).] D. Whenever the chief executive officer determines that a fraud, attempted fraud or a violation of law in connection with funds administered by the retirement system may have occurred, the chief executive officer shall: (1) Report in writing all information concerning the fraud or violation to the Attorney General or the Attorney General's designee for such action as the Attorney General may determine appropriate, including civil action for recovery of funds and criminal prosecution by the Attorney General; and (2) Upon request of the Attorney General and in such a manner as the Attorney General determines appropriate, assist in the recovery of funds. [RR 2023, c. 2, Pt. B, §95 (COR).] E. The chief executive officer shall cause to be delivered to each participating local district a written notice setting forth the amendments or additions to this Part and shall require from each participating local district an acknowledgment of receipt of that notice. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] F. Upon discovery of any error in any record of the retirement system, the chief executive officer shall, to the extent practicable, correct the record. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] G. [PL 2007, c. 249, §11 (RP).] [RR 2023, c. 2, Pt. B, §95 (COR).]

2. Powers. In addition to other powers granted to the chief executive officer by this Part, the chief executive officer shall have the following powers. A. The chief executive officer may request from the head of any department information required to administer this Part and, upon such a request, the head of the department shall promptly furnish the information requested. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] B. Whenever the chief executive officer finds it impossible or impracticable to consult an original record to determine the date of birth, length of service, amount of regular compensation or other pertinent fact with regard to any member, the chief executive officer may, subject to the approval of the actuary, use estimates on any basis which, in the chief executive officer's judgment, is fair and just. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] C. The chief executive officer, with the approval of the board, may delegate the duties and powers given to the chief executive officer by this Part to the retirement system staff. [PL 1993, c. 387, Pt. A, §5 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1993, c. 387, Pt. A, §5 (AMD); PL 2021, c. 548, §45 (REV).]

3. Staff. The chief executive officer shall employ personnel as necessary and in accordance with board policy to transact the business of the system, which may include a general counsel. Additional attorneys may be employed to assist the general counsel with the approval of the Attorney General. The duties of the general counsel and any assistant counsel must be consistent with the terms of a memorandum of understanding between the chief executive officer and the Attorney General. [PL 2005, c. 238, §1 (AMD); PL 2021, c. 548, §45 (REV).]

4. Expenses. The necessary expenses incurred by the chief executive officer in the operation of the retirement system shall be paid from the funds so allocated. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]

5. Reporting; simplification and enforcement. The chief executive officer may: A. Review the retirement system's payroll and other reporting requirements and implement changes that simplify reporting methods or require less frequent filing of reports, provided that a change must not impair the completeness and accuracy of the records necessary for the retirement system's operations or compromise the integrity of the retirement system's funds or operations; and [PL 1993, c. 387, Pt. A, §6 (NEW).] B. Recommend to the board for adoption under its rule-making authority a schedule of administrative penalties and interest intended to: (1) Ensure compliance with payroll and other reporting requirements, including, but not limited to, the timely filing of reports and the accuracy of reports and of back-up records of the employer; (2) Deter actions or omissions by the employer that impair the retirement system's ability to process accurately and in a timely manner membership and retirement applications, requests for refunds, group life insurance premium payments and claims and to conduct its other functions; and (3) Deter actions or omissions by the employer that impede or delay the retirement system's efforts to resolve issues related to these matters. [PL 1993, c. 387, Pt. A, §6 (NEW).] For purposes of this subsection, "employer" means a department or agency of State Government, a school administrative unit or a participating local district. [PL 1993, c. 387, Pt. A, §6 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 17911 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17911
5 §17911. Rehabilitation
Status: in_force

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a condition of entering into an agreement to provide rehabilitation services, the chief executive officer must determine that rehabilitation is feasible, that rehabilitation is consistent with the purposes of this article, that the recipient is suitable for rehabilitation services and that rehabilitation services are likely to lead to substantially gainful activity. Services must be provided by private and public rehabilitation counselors, government agencies and others approved by the chief executive officer as qualified to provide rehabilitation services. The chief executive officer shall consider a rehabilitation counselor's rate of successfully placing rehabilitated employees in jobs relative to the placement rates of other counselors in the State as fundamental in deciding whether to approve the counselor as qualified. This section does not affect the ongoing requirement that a person remain disabled in order to continue to receive disability benefits. [PL 2021, c. 277, §20 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

For the purposes of this section, "person" means any person who is the recipient of a disability retirement benefit. [PL 2003, c. 387, §4 (NEW).]

1. Rehabilitation plan. If the chief executive officer makes the determinations necessary to provide rehabilitation services under this section and rehabilitation agreed to by the parties, the retirement system shall designate a rehabilitation provider to evaluate the person and develop a rehabilitation plan. [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).]

2. Costs. The chief executive officer may contract with rehabilitation providers to develop and carry out approved rehabilitation plans. A. Except as provided in paragraph B , the chief executive officer shall pay these providers from funds accumulated in the Retirement Allowance Fund, established under section 17251 . [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).] B. If the person is entitled to other benefits to meet the cost of rehabilitation services, that person must first apply for and use those benefits to the extent available to pay for the goods and services provided. [PL 2003, c. 387, §4 (NEW).] [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).]

3. Approval of rehabilitation plan. The chief executive officer and the person shall approve any rehabilitation plan developed under subsection 1 and shall indicate in writing their approval of and agreement to the rehabilitation plan. The person shall approve the plan within 30 days or, within that time period, submit to the chief executive officer the name of an alternate provider for the chief executive officer's consideration. If the rehabilitation plan includes return to employment with the employer for whom the person worked before becoming disabled, the employer also shall indicate in writing approval of the plan. [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).]

4. Monitoring of rehabilitation plan. Each rehabilitation plan approved by the chief executive officer must contain a provision for periodic review of progress being made by the person toward achieving the goal of the plan and substantially gainful activity. The provision relating to review must include authority for the chief executive officer to terminate the plan or to amend the plan with the same provider or with a change of provider, based upon results of the review or at the request of the person or the provider. Subsections 1 , 2 and 3 apply to any amended plans under this subsection. A person is entitled to a single rehabilitation plan during the course of the person's incapacity except when the person demonstrates that a termination of the plan was reasonable and for good cause. Any entitlement to amend a rehabilitation plan or establish a new plan ends with a determination by the chief executive officer that the person is no longer disabled. [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).]

5. Return to service. If the rehabilitation plan includes return to employment with the person's former employer, that person must be reemployed in accordance with the plan. The chief executive officer shall notify the former employer, in writing, that the person has completed the rehabilitation plan and is ready to return to employment. The former employer shall reemploy the person in the first available position for which that person is qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan. [PL 2003, c. 387, §4 (NEW); PL 2021, c. 548, §45 (REV).]

6. Employment exception. A person is not required to accept employment that reasonably necessitates relocation or for which the person is not qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan. The disability retirement benefit may not be discontinued except as provided by section 17929 or until the person is reemployed consistent with this section. [PL 2003, c. 387, §4 (NEW).]
5 M.R.S. § 23001 — ME Code / Title 5 / Part 29 / Chapter 611 / Section 23001
5 §23001. Duties of State
Status: in_force

In order to provide equal opportunity in all aspects of State Government to qualified individuals with disabilities, each department, agency and instrumentality of the State shall: [PL 2005, c. 570, Pt. A, §1 (NEW).]

1. Periodic review. Review, on a periodic basis, the adequacy of hiring, placement and advancement practices within that department, agency or instrumentality of the State with respect to individuals with disabilities; [PL 2005, c. 570, Pt. A, §1 (NEW).]

2. Plan. Develop by January 1, 2007 and update annually thereafter a plan to increase the opportunities for individuals with disabilities to be employed by that department, agency or instrumentality of the State. This plan must include a description of the extent to which the special needs of employees who are individuals with disabilities are being met. Beginning with the plans updated in 2009, each department, agency and instrumentality of the State shall submit the plans to the State Human Resources Officer within the Department of Administrative and Financial Services; [PL 2007, c. 551, §1 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]

2-A. Report to committees. Submit a biennial report beginning March 1, 2009, compiled by the State Human Resources Officer within the Department of Administrative and Financial Services, on the plans developed pursuant to subsection 2 to the joint standing committees of the Legislature having jurisdiction over state and local government matters and over labor matters and to the Governor's office. The report must include any changes made to the plans, an assessment made by the officer of the effectiveness of the plans and any recommendations for legislative action pertaining to the report. The joint standing committee of the Legislature having jurisdiction over state and local government matters may submit legislation pertaining to the report to the first regular session of each Legislature; [PL 2023, c. 646, Pt. A, §9 (AMD).]

3. Outsourcing; leases. In its contracts governing functions and duties that are outsourced and in its contracts governing leased space, include provisions that encourage the employment of individuals with disabilities; [PL 2005, c. 570, Pt. A, §1 (NEW).]

4. Outreach. Expand its outreach efforts, using both traditional and nontraditional methods, to make qualified individuals with disabilities aware of available employment opportunities within that department, agency or instrumentality of the State; and [PL 2005, c. 570, Pt. A, §1 (NEW).]

5. Accommodate. Increase its efforts to accommodate individuals with disabilities. [PL 2005, c. 570, Pt. A, §1 (NEW).]
5 M.R.S. § 17056 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17056
5 §17056. Superior Court employees
Status: in_force

1. Transfer to state employee account. Notwithstanding sections 18202 and 18408 , funds held by the retirement system to the credit of employees of any Superior Court who became employees of the State pursuant to Public Law 1975, chapters 383 and 408, shall be transferred on the records of the retirement system to the state employee account. [PL 1989, c. 399, §1 (AMD).]

2. Vote. [PL 1989, c. 399, §2 (RP).]

3. Creditable service. Creditable service shall be determined as follows. A. Creditable service for employees described in subsection 1 shall be determined as if their service had been rendered as state employees. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Creditable service for former employees of any Superior Court who retired after July 1, 1976, shall be determined as if all their service had been rendered as state employees. [PL 1989, c. 399, §3 (AMD).] [PL 1989, c. 399, §3 (AMD).]

4. Additional funds. If, after review by the actuary of the State Employee and Teacher Retirement Program, it is determined that additional funds are required to finance in full the accrued retirement benefits for employees described in this section: A. The actuary shall estimate the amount of additional funds necessary to provide full retirement benefits for the period before July 1, 1976; and [PL 1985, c. 801, §§ 5, 7 (NEW).] B. The counties shall provide funds necessary to fulfill this obligation from the retirement allowance funds of those counties. [PL 1989, c. 399, §4 (AMD).] [PL 2007, c. 491, §69 (AMD).]
5 M.R.S. § 20051 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20051
5 §20051. Criminal law limitations
Status: in_force

1. Laws. A county, municipality or other political subdivision may not adopt or enforce a local law, ordinance, regulation or rule having the force of law that includes drinking or being found in an intoxicated condition as one of the elements of an offense giving rise to a criminal or civil penalty or sanction. [PL 2017, c. 407, Pt. A, §40 (AMD).]

2. Interpretation. A county, municipality or other political subdivision may not interpret or apply any law of general application to circumvent subsection 1 . [PL 1989, c. 934, Pt. A, §3 (NEW).]

3. Effect. Nothing in this subchapter affects any law, ordinance, regulation or rule against drunken driving, driving under the influence of alcohol or other similar offense involving the operation of a vehicle, snowmobile, aircraft, boat, machinery or other equipment, or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages at stated times and places or by a particular class of persons. [PL 1989, c. 934, Pt. A, §3 (NEW).]
5 M.R.S. § 13083-E — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-E
5 §13083-E. Termination of authority
Status: in_force

The authority is not dissolved until it is terminated by the Legislature. [PL 2001, c. 568, §1 (NEW).]
5 M.R.S. § 17901-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17901-A
5 §17901-A. Applicability
Status: in_force

This article applies to all disabilities for which written applications are received by the chief executive officer before October 1, 1989. All disabilities for which written applications are received by the chief executive officer after September 30, 1989, are subject to article 3‑A . [PL 1989, c. 409, §§7, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1521 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1521
5 §1521. Application to legislative branch
Status: in_force

Unless the language in this Part specifically states that it applies to the legislative branch, the legislative branch may not be required to comply with the provisions of this Part unless determined relevant and applicable by the Legislative Council pursuant to Title 3, section 162 . [PL 2005, c. 12, Pt. LL, §2 (NEW).]
5 M.R.S. § 4755 — ME Code / Title 5 / Part 12 / Chapter 337-D / Section 4755
5 §4755. Profiling prohibited
Status: in_force

In enforcing the laws of this State, a law enforcement officer or law enforcement agency may not engage in profiling. Violations of this section are not enforceable under chapter 337‑B but may form the basis of disciplinary proceedings by the Board of Trustees of the Maine Criminal Justice Academy to suspend or to revoke any certification issued by the board pursuant to Title 25, section 2806‑A, subsection 5, paragraph J or to take other action the board determines to be appropriate pursuant to Title 25, section 2806‑A, subsection 6 . [PL 2023, c. 368, Pt. B, §3 (NEW).]
5 M.R.S. § 21 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 21
5 §21. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 167 (NEW).]

1. Legislative committee. "Legislative committee" means a joint standing committee of the Legislature, a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business. [PL 1985, c. 167 (NEW).]

2. Nonpartisan staff. "Nonpartisan staff" means the directors and staffs of the Office of Policy and Legal Analysis, the Office of Fiscal and Program Review, the Office of the Revisor of Statutes, the Legislative Information Office, the Law and Legislative Reference Library, the Office of Program Evaluation and Government Accountability, the Office of Legislative Information Technology and the Office of the Executive Director of the Legislative Council. [PL 2015, c. 102, §7 (AMD).]

3. Own time. "Own time" means an employee's personal time or authorized leave time, earned as a condition of employment. [PL 1985, c. 167 (NEW).]

4. State employee. "State employee" means any employee of an agency, independent agency or parts of agencies which receive support from the General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature. [PL 1989, c. 483, Pt. A, §5 (AMD).]

5. Supervisor. "Supervisor" means a commissioner, bureau chief, director, manager or any other person who oversees or supervises state employees in their employment. [PL 1985, c. 167 (NEW).]

6. Legislative inquiry. "Legislative inquiry" means any request made by a legislative committee or individual Legislator to a state employee for public information or the state employee's personal opinion. [PL 1989, c. 483, Pt. A, §6 (NEW); PL 1989, c. 878, Pt. A, §8 (AMD).]
5 M.R.S. § 194-D — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-D
5 §194-D. Conversion transactions less than $50,000
Status: in_force

A public charity shall provide written notice to the Attorney General of its intent to enter into a conversion transaction if the value of the transaction is less than $50,000. The notice must include the name of the public charity, the value of the assets to be converted and the entity to which the assets will be transferred. Twenty days after providing notice to the Attorney General in accordance with this section, the public charity is deemed to be in compliance with section 194‑C and this section unless the Attorney General notifies the public charity within those 20 days that the value of the transaction is $50,000 or more or that the filing otherwise fails to comply with this section. [PL 2001, c. 550, Pt. A, §2 (NEW).]

The Attorney General is not required to take any action on notices received under this section, except that, upon request of a public charity that has properly provided notice under this section, the Attorney General shall issue a letter indicating that the public charity has complied with its obligation under this section, section 194‑C and sections 194‑E to 194‑H . [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 12004-L — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-L
5 §12004-L. Interagency organizations
Status: in_force

The primary responsibilities of interagency organizations include the development or implementation of programs; coordination of programs; review of information, data and systems; planning; making recommendations; proposing legislation; holding hearings, entering into agreements; and receiving and administering funds. Those organizations are usually composed of commissioners, or their designees, or directors from different state executive agencies. [PL 1987, c. 786, §5 (NEW).]

This classification includes the following. [PL 1987, c. 786, §5 (NEW).]

NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Alcohol and Drug Abuse Planning Committee [PL 1989, c. 934, Pt. A, §2 (RP).]

2. Employee Suggestion System Board [PL 1995, c. 368, Pt. HH, §6 (RP).]

3. Maine Occupational Information Coordinating Committee [PL 1997, c. 410, §2 (RP).]

4. Joint Committee of Licensure-Certification for School Psychological Services [PL 1993, c. 207, §1 (RP).]

5. Commission on Municipal Deorganization Legislative Per Diem County Commissioner Only 30‑A MRSA §7206 [PL 1989, c. 216, §1 (NEW); PL 1989, c. 601, Pt. B, §2 (NEW); PL 1989, c. 878, Pt. A, §18 (RPR).]

6. Interagency Task Force on Homelessness and Housing Opportunities [PL 2005, c. 380, Pt. B, §1 (RP).]

7. Children's Residential Treatment Committee [PL 1999, c. 668, §44 (RP).]

8. Human Resource Development Council [PL 1997, c. 410, §3 (RP).]

9. Interdepartmental Council [PL 1999, c. 668, §44 (RP).]

10. Maine Drug Enforcement Agency Advisory Board [PL 2021, c. 36, §9 (RP).]

11. Maine Governmental Information Network Board [PL 2003, c. 643, §5 (RP).]

12. Council on Children and Families [PL 2005, c. 294, §12 (RP).]

13. Statewide Homeless Council Not Authorized 30‑A MRSA §5046 [PL 2005, c. 380, Pt. B, §2 (NEW).]
5 M.R.S. § 18357 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18357
5 §18357. Former members
Status: in_force

Upon complete payment of the back contributions under section 18304 , the member shall be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 18304 , the member shall be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 1989, c. 95, §14 (NEW).]

1. Service credit reinstated. [PL 1989, c. 95, §14 (RP).]

2. Retirement benefit effective before completion of repayment. [PL 1989, c. 95, §14 (RP).]
5 M.R.S. § 3202 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3202
5 §3202. Office established; purpose
Status: in_force

The Maine Office of Community Affairs is established to foster communications and partnerships across state agencies and between the State and communities in this State. The office shall engage with municipalities, tribal governments and regional councils to provide coordinated and efficient planning, technical assistance and financial support to better plan for challenges, pursue solutions and create stronger, more resilient communities. [PL 2025, c. 388, Pt. D, §7 (AMD).]

The office is established to partner with communities in this State and regional councils by: [PL 2023, c. 643, Pt. DD, §2 (NEW).]

1. Assistance and funding. Providing technical assistance and funding related to planning to municipalities, tribal governments and regional councils that supports a sustainable future for the State's people, communities, natural resources, physical infrastructure, industries, businesses and institutions; and [PL 2023, c. 643, Pt. DD, §2 (NEW).]

2. Coordination and communication. Facilitating general coordination and communication between municipalities, tribal governments, regional councils and State Government. [PL 2023, c. 643, Pt. DD, §2 (NEW).]
5 M.R.S. § 894 — ME Code / Title 5 / Part 2 / Chapter 68 / Section 894
5 §894. Liability limited
Status: in_force

The State, any county, municipality or other political subdivision which transfers employee compensation to an individual retirement account shall have no liability for the funds once a proper transfer has been made. [PL 1983, c. 791, §2 (NEW).]
5 M.R.S. § 20071 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20071
5 §20071. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 601, §28 (NEW).]

1. Alcohol-related or other drug-related motor vehicle incident. "Alcohol-related or other drug-related motor vehicle incident" means a conviction or administrative action resulting in the suspension of a motor vehicle operator's license for a violation under former Title 29, section 1311-A; Title 29, section 1312, subsection 10‑A; Title 29, section 1312‑C; Title 29, section 1312‑B; Title 29, section 1313‑B; Title 29, section 2241, subsection 1, paragraph N; Title 29, section 2241‑G, subsection 2, paragraph B, subparagraph (2); Title 29, section 2241-J; Title 29‑A, section 1253 ; Title 29‑A, section 2411 ; Title 29‑A, section 2453 ; Title 29‑A, section 2454, subsection 2 ; Title 29‑A, section 2456 ; Title 29‑A, section 2457 ; Title 29‑A, section 2472, subsection 3, paragraph B and subsection 4 ; Title 29‑A, section 2503 ; Title 29‑A, sections 2521 and 2523 ; or Title 29‑A, section 2525 or the rules adopted by the Department of the Secretary of State for the suspension of commercial drivers' licenses. [PL 2021, c. 608, Pt. A, §1 (AMD).]

2. Client. "Client" means a person who is required to complete an alcohol and other drug education, evaluation and treatment program for an alcohol-related or drug-related motor vehicle offense. [PL 1991, c. 601, §28 (NEW).]

3. Community-based service provider. "Community-based service provider" means a provider of either the treatment component or the evaluation component, or both, of the alcohol and other drug education, evaluation and treatment program certified under section 20075 or a program approved by the office. [PL 1991, c. 601, §28 (NEW).]

4. Completion of treatment. "Completion of treatment," for the purpose of recommendation by the office to the Secretary of State concerning restoration of the driver's license to the client, means that the individual has responded to treatment to the extent that there is a substantial probability that the individual will not be operating under the influence. This substantial probability may be shown by: A. An acknowledgement by the client of the extent of the client's alcohol or drug problem; [PL 1991, c. 601, §28 (NEW).] B. A demonstrated ability to abstain from the use of alcohol and drugs; and [PL 1991, c. 601, §28 (NEW).] C. A willingness to seek continued voluntary treatment or to participate in an appropriate self-help program, or both, as necessary. [PL 1991, c. 601, §28 (NEW).] [PL 1991, c. 601, §28 (NEW).]

4-A. First offender. "First offender" means a client who has no previous alcohol-related or drug-related motor vehicle incident within a 10-year period. [PL 1999, c. 448, §2 (AMD).]

4-B. First offender with an aggravated operating-under-the-influence offense. [PL 2001, c. 511, §1 (RP).]

5. Multiple offender. "Multiple offender" means a client who has more than one alcohol-related or drug-related motor vehicle incident within a 10-year period or has a previous incident prior to the 10-year period for which the client has not completed a Driver Education and Evaluation Program as established in section 20072 . [PL 1999, c. 448, §3 (AMD).]
5 M.R.S. § 892 — ME Code / Title 5 / Part 2 / Chapter 68 / Section 892
5 §892. Individual retirement and pension plans
Status: in_force

The State or any county, municipality or other political subdivision may enter into an agreement with an employee under which all or a portion of that employee's compensation may be transferred into an individual retirement account or simplified employee pension plan in accordance with the United States Internal Revenue Code of 1954, as amended. The State or any county, municipality or other political subdivision may make payroll deductions for individual retirement accounts or simplified employee pension plans from a financial institution as defined in Title 9-B, section 131, subsection 17-A , or any insurance company or investment company licensed to contract business in this State. [PL 1983, c. 791, §2 (NEW).]
5 M.R.S. § 20044 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20044
5 §20044. Voluntary treatment of drug users and persons with substance use disorder
Status: in_force

1. Voluntary treatment. A drug user or person with substance use disorder may apply for voluntary treatment directly to an approved treatment facility. [PL 2017, c. 407, Pt. A, §38 (AMD).]

2. Determination. A person who comes voluntarily or is brought to an approved treatment facility for residential care and treatment must be examined immediately by a licensed physician. That person may then be admitted or referred to another health facility based upon the physician's recommendation. Subject to rules adopted by the department, the administrator in charge of an approved treatment facility may determine who may be admitted for treatment. If a person is refused admission to an approved treatment facility, the administrator, subject to rules adopted by the department, shall refer the person to another approved treatment facility for treatment if possible and appropriate. [PL 2011, c. 657, Pt. AA, §39 (AMD).]

3. Outpatient or intermediate treatment. If a person receiving residential care leaves an approved treatment facility, that person must be encouraged to consent to appropriate outpatient or intermediate treatment. [PL 1991, c. 601, §20 (AMD).]

4. Discharge. If a person leaves an approved treatment facility against the advice of the administrator in charge of the facility and that person does not have a home, the patient must be assisted in obtaining shelter. [PL 2017, c. 407, Pt. A, §38 (AMD).]
5 M.R.S. § 82-A — ME Code / Title 5 / Part 1 / Chapter 5 / Section 82-A
5 §82-A. Publications
Status: in_force

1. Informational publications. The Secretary of State shall make available such informational publications as may be necessary to ensure that notaries public are knowledgeable in the performance of their duties. One copy of these publications must be made available with each appointment or renewal of a notary public commission. The printing and distribution costs of the first copy of publications sent to commissioned notaries public must be paid from the fees paid by the notaries public pursuant to section 87 . The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act the procedures for the sale of these publications and a fee schedule to cover the cost of printing and distribution for: A. Additional copies of publications requested by commissioned notaries public; and [PL 1991, c. 465, §8 (NEW).] B. Copies of publications requested by noncommissioned individuals, corporations, agencies or other entities. [PL 1991, c. 465, §8 (NEW).] [PL 1991, c. 465, §8 (NEW).]

2. Fund; fees deposited. All fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State for replacing and updating publications offered in accordance with this chapter and for funding new publications. [PL 1991, c. 465, §8 (NEW).]
5 M.R.S. § 1710-F — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-F
5 §1710-F. Duties of committee
Status: in_force

1. Duties; use of economic assumptions. The committee shall develop current fiscal biennium and 2 ensuing fiscal biennia revenue projections using the economic assumptions recommended by the Consensus Economic Forecasting Commission. [PL 1997, c. 157, §1 (AMD).]

2. Biennial revenue projections. The committee shall submit recommendations for state revenue projections for the next 2 fiscal biennia and analyze revenue projections for the current fiscal biennium, which must be approved by a majority of the committee members. No later than December 1st of each even-numbered year, the committee shall submit to the Governor, the Legislative Council, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the State Budget Officer a report that presents the analyses, findings and recommendations for General Fund and Highway Fund revenue projections for the next 2 fiscal biennia. In its report the committee shall fully describe the methodology employed in reaching its recommendations. Revenue projections for other funds of the State may be included in the report at the discretion of the committee. [PL 2011, c. 655, Pt. L, §1 (AMD).]

3. Current and ensuing biennium adjustments. No later than May 1st and December 1st of each odd-numbered year and no later than March 1st and December 1st of each even-numbered year the committee shall submit to the Governor, the Legislative Council, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the State Budget Officer a report that presents the analyses, findings and recommendations for adjustments to General Fund revenue and Highway Fund revenue for the current and ensuing fiscal biennia. In each report the committee shall fully describe the methodology employed in reaching its recommendations. Revenue adjustments for other funds of the State may be included in the report at the discretion of the committee. [PL 2007, c. 539, Pt. Q, §2 (AMD).]

4. Appropriation limitation. The committee shall make all determinations necessary to make the appropriation limitation calculations required under chapter 142 . [PL 2005, c. 2, Pt. A, §8 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]
5 M.R.S. § 959 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 959
5 §959. Maine Commission on Public Defense Services
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Maine Commission on Public Defense Services. Notwithstanding any provision of law to the contrary, these positions and their successor positions are subject to this chapter: A. Executive director. [PL 2009, c. 419, §3 (NEW).] [PL 2023, c. 558, §5 (AMD).]
5 M.R.S. § 17711-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17711-B
5 §17711-B. Forest rangers; contributions on and after July 1, 1993
Status: in_force

Notwithstanding sections 17711 and 17711‑A , on and after July 1, 1993 a forest ranger in the Department of Agriculture, Conservation and Forestry, Bureau of Forestry who is subject to section 17711 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the contributions required under section 17711 . [PL 2007, c. 491, §128 (AMD); PL 2011, c. 657, Pt. W, §§5,7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
5 M.R.S. § 18604 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18604
5 §18604. Method of payment
Status: in_force

All benefits paid under this article shall be paid in equal monthly installments beginning the first month after the death of the qualifying member. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 18304 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18304
5 §18304. Former members
Status: in_force

Any former member who withdrew that person's contributions after termination of service or after withdrawing from a retirement program of the retirement system and who again becomes a member may repay earlier contributions to the Members' Contribution Fund under the following conditions. [PL 2007, c. 491, §212 (AMD).]

1. Time. The repayment must be made before the date any retirement benefit becomes effective for the member. [PL 2003, c. 630, Pt. A, §8 (AMD).]

2. Manner of repayment. The repayment must be made to the applicable retirement program by a single direct payment or by annual direct payments made in accordance with section 18301, subsection 4 . [PL 2007, c. 491, §213 (AMD).]

3. Amount of repayment. The amount of repayment must be equal to the accumulated contributions withdrawn by the person plus interest on the amount of those accumulated contributions, beginning on the date of withdrawal to the date the repayment or repayments are made, at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. [PL 1985, c. 801, §§5, 7 (NEW).]
5 M.R.S. § 18312 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18312
5 §18312. Emergency medical services persons
Status: in_force

1. Contribution rate. Except as provided in subsections 2 and 3 , an emergency medical services person as defined in Title 32, section 83, subsection 12 , including but not limited to a basic emergency medical services person or an advanced emergency medical person, employed by a participating local district that provides a special retirement benefit under section 18453, subsection 4 or 5 shall contribute to the Participating Local District Retirement Program or must have pick-up contributions made by the employer at a rate of 8% of earnable compensation as long as the person is employed as an emergency medical services person. [PL 2019, c. 370, §1 (AMD).]

2. Exception. A participating local district may elect to reduce the rate of contribution set out in subsection 1 to 6.5% of earnable compensation for all emergency medical services persons who continue employment after attaining eligibility for retirement during the remainder of their employment as emergency medical services persons. [PL 2013, c. 602, Pt. B, §1 (NEW).]

3. Member contributions to Participating Local District Consolidated Retirement Plan. The board may establish by rule the rate at which emergency medical services persons who participate in the consolidated plan described in chapter 427 contribute to that plan. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2013, c. 602, Pt. B, §1 (NEW).]
5 M.R.S. § 1669 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1669
5 §1669. Federal funds
Status: in_force

A state department or agency may not make expenditures of any federal funds or expenditures in anticipation of receipt of federal funds for any new or expanded programs in the Federal Expenditures Fund or federal block grant funds, unless such federal funds are approved by the Legislature. The expenditure of such federal funds may be authorized for a period not to exceed 12 calendar months in accordance with sections 1585 and 1667 . [PL 2001, c. 213, §2 (AMD).]

All departments and agencies that receive federal funds from the Federal Expenditures Fund or federal block grant funds shall, within 10 working days of receipt of any official notification from the Federal Government concerning the potential or actual increase or reduction in present funding, submit a copy of that notification to the Director of the Office of Fiscal and Program Review. In addition, departments and agencies shall, within 25 working days of that notification, submit in writing to the Director of the Office of Fiscal and Program Review their proposed plan of action to address the notification that may include an appeal or an outline of the options that will be examined in detail and a time frame for the examination. [PL 2001, c. 213, §2 (AMD).]
5 M.R.S. § 10003 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10003
5 §10003. Right to Hearing
Status: in_force

1. Opportunity for hearing. Subject to the provisions of section 10004 , an agency may not amend or modify any license unless it has afforded the licensee an opportunity for hearing in conformity with subchapter IV , nor may it refuse to renew any license unless it has afforded the licensee either an opportunity for an agency hearing in conformity with subchapter IV or an opportunity for a hearing in the District Court. In any such proceeding determined by the agency to involve a substantial public interest, an opportunity for public comment and participation must also be given by public notice in conformity with subchapter IV . [PL 1999, c. 547, Pt. B, §17 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2. Proceeding. In any proceeding involving a proposed modification or amendment of a license which was the subject of an earlier hearing, the agency shall give notice thereof to all parties to the earlier proceeding and in any other manner required by section 9052 , and may reopen the earlier proceeding for consideration of the proposed amendment or modification. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 13120-K — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-K
5 §13120-K. Annual report; audit
Status: in_force

1. Report. The authority shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives and the joint standing committee of the Legislature having jurisdiction over economic development matters, not later than 120 days after the close of its fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include all of the following: A. A description of the authority's operations, including a description of projects assisted under this subchapter and the criteria used in selecting those projects; [PL 2001, c. 703, §6 (NEW).] B. An accounting of the authority's receipts and expenditures, assets and liabilities at the end of its fiscal year; [PL 2001, c. 703, §6 (NEW).] C. A schedule of the bonds and notes outstanding at the end of the authority's fiscal year and a statement of the amounts redeemed and issued during its fiscal year, including a report on its reserve funds; [PL 2001, c. 703, §6 (NEW).] D. A statement of the authority's proposed and projected activities for the ensuing year, the relationship of these activities to the State's economic development policies and the selection criteria expected to be used; [PL 2001, c. 703, §6 (NEW).] E. Recommendations as to further actions that may be suitable for achieving the purposes of this subchapter; [PL 2001, c. 703, §6 (NEW).] F. A statement of the defaults, if any, of persons, firms, corporations and other organizations receiving assistance under this subchapter; and [PL 2001, c. 703, §6 (NEW).] G. A summary of the actual and potential employment opportunities resulting from the authority's activities. [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]

2. Treasurer of State; annual financial report. The authority shall provide the Treasurer of State, within 120 days after the close of its fiscal year, its annual financial report certified by an independent certified public accountant, who may be the accountant or a member of the firm of accountants who regularly audits the books and accounts of the authority, selected by the authority. The authority shall also provide the Treasurer of State with an accounting of the authority's assets and liabilities at the end of its fiscal year. The authority is also subject to the provisions of chapter 11 . The authority may combine for accounting purposes any or all funds established for its programs and activities. For any complete fiscal year that the authority contracts with the Finance Authority of Maine, or any other state agency or quasi-state agency that is required to submit to the Treasurer of State its own audited financial report, and the audited annual financial report of that state agency or quasi-state agency includes for accounting purposes the funds administered for the authority, the audited financial report of that state agency or quasi-state agency satisfies the requirements of this subsection. [PL 2013, c. 465, §1 (AMD).]
5 M.R.S. § 17853 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17853
5 §17853. Law governing benefit determination
Status: in_force

1. Termination on or after January 1, 1976. If a member's final termination of service occurred on or after January 1, 1976, the retirement system law in effect on the date of termination shall govern the member's service retirement benefit. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Termination before January 1, 1976. If a member's final termination of service occurred before January 1, 1976, the retirement system law in effect on January 1, 1976 shall govern the member's service retirement benefit. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 116 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 116
5 §116. Consistency of application
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 17929 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17929
5 §17929. Payment of benefit
Status: in_force

1. Beginning. Payment of disability retirement benefits shall begin on the first day of the month following the date of termination of active service of the member, but not more than 6 months before the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, unless it is shown that: A. It was not reasonably possible to file the application for disability retirement benefits within the 6-month period; and [PL 1989, c. 409, §§8, 12 (NEW).] B. The application was made as soon as reasonably possible. [PL 1989, c. 409, §§8, 12 (NEW).] [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]

2. Cessation. Payment of disability retirement benefits shall continue as long as a person is disabled, except that: A. The disability retirement benefit ceases and a service retirement benefit begins when the service retirement benefit of a person equals or exceeds the amount of the disability retirement benefit. (1) When calculating the person's service retirement benefit, the average final compensation is the average final compensation at the time that person terminated active service before receiving disability retirement benefits adjusted by the same percentage adjustments, if any, that were applied to the disability retirement benefits under section 17806 . (2) The person is entitled to receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which that person receives disability retirement benefits under this article. [PL 1991, c. 887, §9 (AMD).] A-1. For a person who by election or by having retired on disability retirement prior to October 16, 1992, remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 9, the disability retirement benefit ceases: (1) On the last day of the month in which the 10th anniversary of the beneficiary's normal retirement age, as defined in section 17001, subsection 23 , occurs; or (2) When the service retirement benefit of a person equals or exceeds the amount of the disability retirement benefit, if that occurs before the beneficiary's normal retirement age. [PL 1997, c. 384, §9 (NEW).] B. The chief executive officer may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 17926 , to determine the person's disability. (1) After the disability has continued for 2 years, the disability must render the person unable to engage in any substantially gainful activity that is consistent with the person's training, education or experience and average final compensation adjusted by the same percentage adjustment as has been received under section 17806 . The disability retirement benefit continues if the person can effectively demonstrate to the chief executive officer that the person is actively seeking work. For the purposes of this subparagraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806. (2) If the person refuses to submit to the examinations or tests under this paragraph, the disability retirement benefit is discontinued until that person withdraws the refusal. (3) If the person's refusal under subparagraph (2) continues for one year, all rights to any further benefits under this article cease. (4) If it is determined, on the basis of the examinations or tests under this paragraph, that the disability of a person no longer exists, the payment of the disability retirement benefit ceases. (5) The chief executive officer shall notify the person in writing of the decision to discontinue the disability retirement allowance under subparagraph (2) or (4). (a) The decision is subject to appeal under section 17451 . (b) If the person appeals the chief executive officer's decision, the disability retirement allowance may not be discontinued until all appeals have been exhausted. [PL 2021, c. 277, §25 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] [PL 2021, c. 277, §25 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 9055 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9055
5 §9055. Ex parte communications; separation of functions
Status: in_force

1. Communication prohibited. In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate. [PL 1985, c. 506, Pt. A, §5 (AMD).]

2. Communication permitted. This section shall not prohibit any agency member or other presiding officer described in subsection 1 from: A. Communicating in any respect with other members of the agency or other presiding officers; or [PL 1977, c. 551, §3 (NEW).] B. Having the aid or advice of those members of the agency member's or other presiding officer's own agency staff, counsel or consultants retained by the agency who have not participated and will not participate in the adjudicatory proceeding in an advocate capacity. [RR 2023, c. 2, Pt. B, §81 (COR).] [RR 2023, c. 2, Pt. B, §81 (COR).]
5 M.R.S. § 25012 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25012
5 §25012. Confidentiality
Status: in_force

Personally identifiable information obtained in furtherance of the commission's duties pursuant to section 25007, subsection 1, paragraph A is confidential, except that the executive director may authorize disclosure of personally identifiable information if the executive director has obtained the consent of the individual to whom the personally identifiable information applies. "Personally identifiable information" includes, but is not limited to, name, address, date of birth, e-mail address, Internet protocol address and any other information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. [PL 2025, c. 188, §1 (NEW).]

Notwithstanding section 95‑C, subsection 1, paragraph C , personally identifiable information made confidential under this section must remain confidential until the relevant records have been in existence for 100 years. [PL 2025, c. 188, §1 (NEW).]
5 M.R.S. § 17768 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17768
5 §17768. Service credit for teachers
Status: in_force

A member who is a teacher and who experiences a reduction in income from an extracurricular or cocurricular position due to circumstances related to coronavirus disease 2019, referred to in this section as "COVID-19," may purchase service credit for the period during which the extracurricular or cocurricular position was eliminated or otherwise unavailable under the following conditions. [PL 2021, c. 225, §3 (NEW).]

1. Eligibility requirements. A teacher may purchase service credit under this section only if: A. During the 12 months preceding the start of the period of the service credit, the teacher received income from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to COVID-19; and [PL 2021, c. 225, §3 (NEW).] B. The teacher is in the final 3 years of service during the period from January 1, 2020 to July 1, 2021. [PL 2021, c. 225, §3 (NEW).] [PL 2021, c. 225, §3 (NEW).]

2. Limit on service credit. The additional service credit under this section may be purchased only for the period from January 1, 2020 to July 1, 2021. [PL 2021, c. 225, §3 (NEW).]

3. Payment. A member purchasing service credit under this section must, before any retirement benefit becomes effective, pay into the Members' Contribution Fund by a single payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional service credit purchased under this section. Payments must be made as provided in section 17701, subsection 4 . If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 2021, c. 225, §3 (NEW).]

4. Limitation on use of purchased service credit. Notwithstanding any provision of law to the contrary, service credit purchased under this section may be used only for the purpose of increasing the amount of a member's service retirement benefit by inclusion of the purchased service credit and may not be used to establish a member's qualification for a service retirement benefit. [PL 2021, c. 225, §3 (NEW).]
5 M.R.S. § 11 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 11
5 §11. Certification of payrolls
Status: in_force

A fiscal officer of the State may not draw, sign or issue, or authorize the drawing, signing or issuing, of any warrant or check upon the Treasurer of State or other disbursing officer of the State for the payment of a salary or other compensation for personal services, nor may the Treasurer of State or other disbursing officer of the State pay any salary or other compensation for personal services in the Executive or Legislative Departments, unless a payroll or account for such salary or other compensation, containing the names of all persons to be paid and the amounts to be paid them, has been certified by the State Controller or a person designated by the State Controller. In the case of all unclassified employees, certification must be by their appointing authority. [PL 2009, c. 213, Pt. BBB, §1 (AMD).]

Any payment made in violation of the compensation plan or the rules pertaining thereto or made to a person appointed or established in a position in a manner contrary to chapters 56‑A , 65 , 67 , 71 and 372 may be recovered from the appointing authority or the State Controller, whoever is culpable, or from the sureties on the official bond of such officer or person. Action for recovery may be maintained by the State Civil Service Appeals Board or any member thereof, any officer or employee of the state service or any citizen of the State. All money recovered under this section must be paid into the State Treasury and credited to the General Fund. [PL 2009, c. 213, Pt. BBB, §1 (AMD).]
5 M.R.S. § 286-A — ME Code / Title 5 / Part 1 / Chapter 13 / Section 286-A
5 §286-A. Bureau of Human Resources' State Employee Health Dedicated Revenue Account
Status: in_force

The Bureau of Human Resources' State Employee Health Dedicated Revenue Account is established to include allocations made to the bureau, funds transferred to the bureau from within the department, funds from the administration allowance provided in section 286 , funds from the reserve fund provided in section 1731 , funds received for special services provided to state agencies and employees and funds from operational charges levied upon state agencies. The cost of administration of the State Employee Assistance Program, the State Employee Health Program and the state employee workers' compensation unit must be funded from this account. [PL 1991, c. 780, Pt. Y, §28 (AMD).]

State agency operational charges are a per employee fee paid by each agency in the same manner as premiums for state employee health insurance. With the exception of the Legislature, the per employee fee must be paid by all state agencies that have employees who are eligible to participate in the state employee health insurance program. The State Budget Officer shall work with state agencies to budget the funds necessary for the purposes of this paragraph. The State Human Resources Officer shall recommend a fee to the Commissioner of Administrative and Financial Services. The officer may establish a proportional fee for agencies outside of the Executive Department to reflect those programs utilized by such agencies. The rationale for the recommended fee must be well documented and include the program costs to be met by the fee. The commissioner shall provide a final recommended fee to the Governor. The Governor shall determine the per employee fee to be included in the normal budget process. [RR 2023, c. 1, Pt. B, §2 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 13063-N — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-N
5 §13063-N. Report
Status: in_force

The department shall submit to the joint standing committee of the Legislature having jurisdiction over business and economic development matters an update on the fund by January 1, 2001 and every year thereafter. [PL 2001, c. 471, Pt. A, §7 (NEW).]
5 M.R.S. § 12006 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12006
5 §12006. Penalty for failure to report
Status: in_force

Members of any board that fails to report to the Secretary of State, as required by section 12005‑A , are not eligible to receive any daily rate or annual rate of compensation or any money for expenses incurred in the work of the board until the report to the Secretary of State is complete to the satisfaction of the Secretary of State. The Commissioner of Administrative and Financial Services, the Secretary of State or the person authorized to pay compensation or expenses to members of the boards may not pay any rate of compensation or expenses to any member of a board that has failed to report to the Secretary of State. [PL 1993, c. 349, §13 (RPR).]

1. Notice of failure to report. The Secretary of State shall send notice by certified mail on or before January 5th of each year to any board that has failed to report pursuant to section 12005‑A . A. [PL 1993, c. 349, §13 (RP).] B. [PL 1993, c. 349, §13 (RP).] [PL 1999, c. 668, §47 (AMD).]

2. Legislative repeal of inactive boards. The Secretary of State shall submit suggested legislation to the joint standing committee of the Legislature having jurisdiction over state government matters on or before January 30th in the second regular session of each biennium to repeal those boards that have not reported on their activities to the Secretary of State under this section or section 12005‑A for both of the prior 2 calendar years or have been inactive during the preceding 24 months. The joint standing committee of the Legislature having jurisdiction over state government matters may submit legislation to the second regular session of each biennium to repeal those boards. [PL 2011, c. 344, §14 (AMD).]

3. Repeal requirement. The Secretary of State may not include in the legislation required under subsection 2 and may not require an annual report as required under section 12005‑A from any of the following boards and commissions that has been inactive during the preceding 24 months: A. Mining Excise Tax Trust Fund Board of Trustees, as established in section 12004‑G, subsection 33‑B ; [PL 2003, c. 643, §6 (NEW).] B. [PL 2011, c. 655, Pt. GG, §3 (RP); PL 2011, c. 655, Pt. GG, §70 (AFF).] C. State Poet Laureate Advisory Selection Committee, as established in section 12004‑I, subsection 5‑A ; [PL 2009, c. 369, Pt. A, §12 (AMD).] D. Board of Emergency Municipal Finance, as established in Title 30‑A, section 6101 ; [PL 2009, c. 369, Pt. A, §13 (AMD).] E. State Compensation Commission, as established in Title 3, section 2‑B ; [PL 2009, c. 369, Pt. A, §14 (NEW).] F. Maine-Canadian Legislative Advisory Commission, as established in Title 3, section 227 ; [PL 2009, c. 369, Pt. A, §15 (NEW).] G. New England and Eastern Canada Legislative Commission, as established in Title 3, section 231 ; [PL 2009, c. 369, Pt. A, §16 (NEW).] H. State House and Capitol Park Commission, as established in Title 3, section 901‑A ; [PL 2013, c. 533, §11 (AMD).] I. Maine Agricultural Bargaining Board, as established in Title 13, section 1956 ; and [PL 2013, c. 533, §12 (AMD).] J. Blaine House Commission. [PL 2013, c. 533, §13 (NEW).] [PL 2013, c. 533, §§11-13 (AMD).]
5 M.R.S. § 18461 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18461
5 §18461. Collective bargaining rights
Status: in_force

Nothing in section 18453, subsections 1 to 9 , may be construed to affect in any way the rights of public employees to engage in collective bargaining for terms and conditions of employment. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 4633 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4633
5 §4633. Prohibition against retaliation and coercion
Status: in_force

1. Retaliation. A person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Act. [PL 1993, c. 303, §3 (NEW).]

2. Interference, coercion or intimidation. It is unlawful for a person to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of the rights granted or protected by this Act or because that individual has exercised or enjoyed, or has aided or encouraged another individual in the exercise or enjoyment of, those rights. [PL 1993, c. 303, §3 (NEW).]

3. Remedies and procedures. The remedies and procedures available under sections 4611 to 4614 , 4621 , 4622 and 4623 are available to aggrieved persons for violations of subsections 1 and 2 . [PL 1993, c. 303, §3 (NEW).]
5 M.R.S. § 15311 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15311
5 §15311. Funding for research and development
Status: in_force

For fiscal years 2003-04 and 2004-05 only, the Governor shall submit a funding level recommendation for operational costs of applied research and development. The recommendation must be transmitted to the Legislature within the time schedules set forth in section 1666 . If the Governor submits legislation setting forth appropriations for operational costs of applied research and development that differ from the equivalent of not less than 2% of total actual General Fund revenue of the previous fiscal year, the Governor shall simultaneously submit a report to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and research and development matters explaining why the Governor's budget legislation differs from the equivalent of not less than 2% of total actual General Fund revenue of the previous fiscal year. [PL 2001, c. 559, Pt. MM, §1 (NEW).]
5 M.R.S. § 17709 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17709
5 §17709. Inland Fisheries and Wildlife officers
Status: in_force

1. Before September 1, 1984. A law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity before September 1, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as follows: A. At a rate of 7.5% of earnable compensation until the officer has completed 20 years of creditable service, as required under section 17851, subsection 5, paragraph A ; and [PL 1995, c. 466, Pt. A, §1 (NEW).] B. After completing the service described in paragraph A , at a rate of 6.5% of earnable compensation for the remainder of the officer's employment in that capacity. [PL 1995, c. 466, Pt. A, §1 (NEW).] [PL 2007, c. 491, §120 (AMD).]

2. After August 31, 1984; option. A law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity after August 31, 1984 and who elects the retirement option provided in section 17851, subsection 5‑A shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as provided in section 17852, subsection 5‑A . [PL 2007, c. 491, §120 (AMD).]

3. After August 31, 1984. Beginning September 1, 2002, a law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity after August 31, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer at a rate of 7.5% of earnable compensation until the law enforcement officer has completed 25 years of creditable service and at a rate of 6.5% thereafter. [PL 2007, c. 491, §120 (AMD).]
5 M.R.S. § 1710-E — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-E
5 §1710-E. Revenue Forecasting Committee; established; membership
Status: in_force

There is established the Revenue Forecasting Committee, referred to in this chapter as the "committee," for the purpose of providing the Governor, the Legislature and the State Budget Officer with analyses, findings and recommendations relating to the projection of revenues for the General Fund and the Highway Fund based on economic assumptions recommended by the Consensus Economic Forecasting Commission. The committee includes the State Budget Officer, the Associate Commissioner for Tax Policy, the State Economist, an economist on the faculty of the University of Maine System selected by the chancellor, the Director of the Office of Fiscal and Program Review and another member of the Legislature's nonpartisan staff familiar with revenue estimating issues appointed by the Legislative Council. Beginning in calendar year 2019, the chair of the committee must be designated by a majority vote of the 6 members, from among the Associate Commissioner for Tax Policy, the Director of the Office of Fiscal and Program Review, the State Economist, an economist on the faculty of the University of Maine System selected by the chancellor and another member of the Legislature's nonpartisan staff familiar with revenue estimating issues appointed by the Legislative Council. The chair must be designated on a rotating basis and serves a 2‑year term. [PL 2019, c. 343, Pt. F, §1 (AMD).]
5 M.R.S. § 17151 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17151
5 §17151. Legislative findings and intent
Status: in_force

1. Findings. The Legislature finds that the State owes a great debt to its retired employees for their years of faithful and productive service. A. Part of that debt is repaid by the benefits provided to retirees through the State Employee and Teacher Retirement Program. [PL 2007, c. 491, §83 (AMD).] B. Retirees, who depend heavily on these benefits, and current employees, who will one day retire and receive benefits, are concerned about the financial viability of the retirement program. [PL 2007, c. 491, §83 (AMD).] [PL 2007, c. 491, §83 (AMD).]

2. Intent. It is the intent of the Legislature that there must be appropriated and transferred annually to the retirement system the funds necessary to meet the State Employee and Teacher Retirement Program's long-term and short-term financial obligations based on the actuarial assumptions established by the board upon the advice of the actuary. The amount of the unfunded liability attributable to state employees and teachers as of July 1, 2004, as certified by the board or as that amount may be revised in accordance with the terms of the certification, must be retired in no more than 23 years from June 30, 2005. For fiscal year 2004-05, the Legislature must appropriate or allocate and there must be transferred to the retirement system funds necessary to institute, as of July 1, 2005, the 23-year amortization schedule. For each fiscal year starting with the fiscal year that begins July 1, 2005, the Legislature shall appropriate or allocate and transfer to the retirement system the funds necessary to meet the 23-year requirement set forth in this subsection, unless the Legislature establishes a different amortization period. Funds that have been appropriated must be considered assets of the retirement system. A. The goal of the actuarial assumptions is to achieve a fully funded retirement program. [PL 2007, c. 491, §83 (AMD).] B. The State Employee and Teacher Retirement Program's unfunded liability for persons formerly subject to the Maine Revised Statutes of 1944, chapter 37, sections 212 to 220 must be repaid to the system from annual appropriations over the funding period of the program. [PL 2007, c. 491, §83 (AMD).] C. This section may not be construed to require the State to appropriate and transfer funds to meet the obligations of participating local districts to the retirement system. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2007, c. 491, §83 (AMD).]

3. Intent. [PL 2005, c. 12, Pt. R, §2 (RP).]
5 M.R.S. § 18313 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18313
5 §18313. Dispatchers
Status: in_force

1. Definition. For the purposes of this chapter, "dispatcher" means a person whose primary employment duties consist of any combination of: A. Acting as an emergency medical dispatcher as defined by Title 32, section 85‑A, subsection 1, paragraph D ; [PL 2019, c. 364, §1 (NEW).] B. Answering, directing or dispatching the response to public safety requests for service at a public safety answering point as defined by Title 25, section 2921, subsection 7 ; [PL 2019, c. 364, §1 (NEW).] C. Answering, directing or dispatching the response of emergency services for municipal fire protection pursuant to Title 30‑A, chapter 153 ; or [PL 2019, c. 364, §1 (NEW).] D. Answering, directing or dispatching the response of law enforcement officers as defined by Title 25, section 2801‑A, subsection 5 . [PL 2019, c. 364, §1 (NEW).] [PL 2019, c. 364, §1 (NEW).]

2. Contribution rate. Except as provided in subsections 3 and 4 , a dispatcher employed by a participating local district that provides a special retirement benefit under section 18453, subsection 4 or 5 shall contribute to the Participating Local District Retirement Program or must have pick-up contributions made by the employer at a rate of 8% of earnable compensation as long as the person is employed as a dispatcher. [PL 2019, c. 364, §1 (NEW).]

3. Exception. A participating local district may elect to reduce the rate of contribution set out in subsection 2 to 6.5% of earnable compensation for all dispatchers who continue employment after attaining eligibility for retirement during the remainder of their employment as dispatchers. [PL 2019, c. 364, §1 (NEW).]

4. Member contributions to Participating Local District Consolidated Retirement Plan. The board may establish by rule the rate at which dispatchers who participate in the consolidated plan described in chapter 427 contribute to that plan. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2019, c. 364, §1 (NEW).]
5 M.R.S. § 17933 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17933
5 §17933. Service retirement
Status: in_force

1. Average final compensation. The service retirement benefit of a person who returns to employment with that person's former employer or any other employer whose employees are covered by this article or chapter 425, subchapter V, article 3‑A , after having been the recipient of a disability retirement benefit, shall be computed in its entirety using the average final compensation as defined by section 17001, subsection 4 , on the date of that person's termination from service immediately before becoming the recipient of a service retirement benefit. [PL 1989, c. 409, §§8, 12 (NEW).]

2. Cost of benefits. The cost of benefits based upon service credits earned before and during disability must be charged to the Retirement Allowance Fund. The cost of benefits based upon service credits earned after becoming reemployed must be charged to the account of the employer through whom the service credits were earned. [PL 2007, c. 249, §27 (AMD).]

3. Special plans. The service credits earned after return to employment by a person who was employed under a special plan before becoming the recipient of a disability retirement benefit shall be credited toward completing the service requirements for retirement under that special plan. As used in this section, unless the context otherwise indicates, "special plan" means any of the retirement programs in section 17851, subsections 4 to 11 or section 18453, subsections 2 to 9 . A. The chief executive officer may require, once each year, that the member undergo examinations or tests, conducted in accordance with section 17926 , to determine that the member is still disabled to the extent that it is impossible to perform the duties of that member's former employment position. [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).] B. If the member refuses to submit to the examinations or tests under paragraph A , the service credits earned after that date shall be based upon the plan applicable to the position in which the member is currently employed. [PL 1989, c. 409, §§8, 12 (NEW).] C. If it is determined on the basis of the examinations or tests under paragraph A that the member is no longer disabled to the extent that it is impossible to perform the duties of the former employment position, the member shall: (1) Return to employment in a position covered by the same special plan or a comparable special plan that covered the former employment position; or (2) Remain in the current employment position and have the service credits earned thereafter based upon the plan applicable to the position in which the member is currently employed. [PL 1989, c. 409, §§8, 12 (NEW).] [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 18459 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18459
5 §18459. Interchangeable benefits for law enforcement officers
Status: in_force

Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 300 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 300
5 §300. Advice and assistance to commission
Status: in_force

The commission may request the assistance and advice of any state agency in the development of the master plan. Any state agency receiving such a request shall render such assistance and advice to the commission. [PL 1975, c. 647, §2 (AMD).]
5 M.R.S. § 13120-J — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-J
5 §13120-J. Interest of trustee or employee
Status: in_force

1. Acquisition of interest. A member of the board of trustees or employee of the authority may not acquire or hold a direct or an indirect personal financial interest in: A. An authority activity; [PL 2001, c. 703, §6 (NEW).] B. Property or facilities included, planned to be included or expected to directly benefit from an authority activity; or [PL 2001, c. 703, §6 (NEW).] C. A contract or proposed contract in connection with an authority activity. [PL 2001, c. 703, §6 (NEW).] When an acquisition is involuntary, the interest acquired must be disclosed immediately in writing to the board of trustees and the disclosure must be entered in the board of trustees' minutes. [PL 2005, c. 425, §16 (AMD).]

2. Present or past interest in property. If a member of the board of trustees or employee of the authority presently owns or controls, or owned or controlled within the preceding 2 years, a direct or an indirect interest in property known to be included or planned to be included in an authority activity, that member or employee shall disclose this fact immediately in writing to the board of trustees and the disclosure must be entered in the board of trustees' minutes. [PL 2001, c. 703, §6 (NEW).]

3. Recusal. A member of the board of trustees or employee of the authority with an interest under subsection 2 may not participate in an action by the authority affecting that property. [PL 2001, c. 703, §6 (NEW).]

4. Violation. A violation of this section is a Class E crime. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 792 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 792
5 §792. Application forms for employment
Status: in_force

An application form for employment for a position in State Government may not include any questions regarding an applicant's criminal history except when, due to the nature and requirements of the position, a person who has a criminal history may be disqualified from eligibility for the position. For purposes of this section, "position in State Government" means a position in the legislative, executive or judicial branch of State Government or a position with a quasi-independent state entity or public instrumentality of the State. "Position in State Government" does not include a position in a school administrative unit, municipality, county or other political subdivision of the State. [PL 2019, c. 22, §1 (NEW).]
5 M.R.S. § 18205 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18205
5 §18205. Internal Revenue Code qualified plan compliance
Status: in_force

The Participating Local District Retirement Program established in this chapter is subject to the following requirements. [PL 2009, c. 474, §27 (NEW).]

1. Vesting. In compliance with the Code, Section 401(a)(7), a member is 100% vested in the member's contribution account at all times. [PL 2009, c. 474, §27 (NEW).]

2. Use of forfeitures of benefits. In compliance with the Code, Section 401(a)(8), any forfeitures of benefits by members or former members may not be used to pay benefit increases, but must be used to reduce unfunded liabilities. [PL 2009, c. 474, §27 (NEW).]

3. Benefits. In compliance with the Code, Section 401(a)(9), benefits must be paid in accordance with a good faith interpretation of the requirements of the Code, Section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of the Code, Section 414(d). [PL 2009, c. 474, §27 (NEW).]

4. Application of annual compensation limits. In compliance with the Code, Section 401(a)(17), applicable annual compensation limits must be applied for purposes of determining benefits or contributions due to the retirement system. [PL 2009, c. 474, §27 (NEW).]

5. Rollovers. In compliance with the Code, Section 401(a)(31), a member may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the member in a direct rollover. [PL 2009, c. 474, §27 (NEW).]

6. Qualified military service. Effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service are governed by the Code, Section 414(u) and the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and, effective January 1, 2007, the Code, Section 401(a)(37). [PL 2009, c. 474, §27 (NEW).]

7. Additional requirements. In compliance with the Code, Section 415, the member contributions paid to and retirement benefits paid from the Participating Local District Retirement Program must be limited to the extent necessary to conform to the requirements of the Code, Section 415 for a qualified pension plan. [PL 2009, c. 474, §27 (NEW).]

8. Compliance with Section 503(b). Effective July 1, 1989, the board may not engage in a transaction prohibited by the Code, Section 503(b). [PL 2009, c. 474, §27 (NEW).]

9. Rules. The board shall adopt rules necessary to maintain the qualified pension plan tax status of the Participating Local District Retirement Program under the Internal Revenue Code as required for governmental defined benefit plans defined in the Code, Section 414(d). Rules adopted under this subsection are routine technical rules as defined in chapter 375, subchapter 2-A . [PL 2009, c. 474, §27 (NEW).]
5 M.R.S. § 17767 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17767
5 §17767. Law enforcement service
Status: in_force

Service credit for service in law enforcement is governed as follows. [PL 2019, c. 459, §1 (NEW).]

1. Service before becoming member. A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a law enforcement officer if the member has at least 15 years of creditable service at the time of retirement by complying with the terms and conditions of this subsection and the applicable provisions of subsection 2 . Service credit purchased under this section is limited to 4 years. Notwithstanding anything to the contrary, a member for which service credit under this section is to be granted must provide a certified statement from the appropriate retirement system that the service credit to be granted has not been and will not be used to obtain other retirement benefits. [PL 2019, c. 459, §1 (NEW).]

2. Members qualified for credit at actuarial cost. A member qualified under subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. A. Payment must be made before any retirement benefit becomes effective for that member. [PL 2019, c. 459, §1 (NEW).] B. Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 17701, subsection 4 . [PL 2019, c. 459, §1 (NEW).] [PL 2019, c. 459, §1 (NEW).]
5 M.R.S. § 17710 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17710
5 §17710. Marine Resources officers
Status: in_force

1. Before September 1, 1984. A law enforcement officer in the Department of Marine Resources who was first employed in that capacity before September 1, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as follows: A. At a rate of 7.5% of earnable compensation until the officer has completed 20 years of creditable service, as required under section 17851, subsection 6 ; and [PL 1995, c. 466, Pt. B, §1 (RPR).] B. After completing the service described in paragraph A , at a rate of 6.5% of earnable compensation for the remainder of the officer's employment in that capacity. [PL 1995, c. 466, Pt. B, §1 (RPR).] [PL 2007, c. 491, §123 (AMD).]

1-A. After August 31, 1984; option. A law enforcement officer in the Department of Marine Resources who was first employed in that capacity after August 31, 1984 and who elects the retirement option provided in section 17851, subsection 6‑A shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as provided in section 17852, subsection 6‑A . [PL 2007, c. 491, §123 (AMD).]

1-B. After August 31, 1984. Beginning September 1, 2002, a law enforcement officer in the Department of Marine Resources who was first employed in that capacity after August 31, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer at a rate of 7.5% of earnable compensation until the law enforcement officer has completed 25 years of creditable service and at a rate of 6.5% thereafter. [PL 2007, c. 491, §123 (AMD).]

2. Commissioner or deputy commissioner. A commissioner or deputy commissioner of the Department of Marine Resources may elect to contribute as a member or have pick-up contributions made by the employer under section 17701 , rather than under this section, by filing a written copy of the election of choice with the board. [PL 1987, c. 739, §§22, 48 (AMD).]
5 M.R.S. § 3002 — ME Code / Title 5 / Part 7 / Chapter 309 / Section 3002
5 §3002. Definitions
Status: in_force

For the purposes of this chapter: [PL 1967, c. 266 (NEW).]

1. Receiving agency. "Receiving agency" means any department or agency of the Federal Government or a state or local government which receives an employee of another government under this chapter. [PL 1967, c. 266 (NEW).]

2. Sending agency. "Sending agency" means any department or agency of the Federal Government or a state or local government which sends any employee thereof to another government agency under this chapter. [PL 1967, c. 266 (NEW).]