5 M.R.S. § 17932 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17932
5 §17932. Voluntary return to service
Status: in_force

1. Right to reinstatement. If a person who is the recipient of a disability retirement benefit decides that the person is no longer incapacitated and is able to perform the duties of that person's employment position, the employer for whom the person last worked before becoming disabled shall reinstate the person to the first available position for which the person is qualified and which is consistent with the person's prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the person may claim by virtue of seniority accumulated at the time of the disability, unless otherwise specified in the collective bargaining agreement. [PL 1989, c. 409, §§8, 12 (NEW).]

2. Dispute over mental or physical capacity. If there is a dispute between the person and the former employer over the person's mental or physical capacity to perform a specific job, at the option of the person that dispute must be resolved by a majority of 3 health care providers, one appointed and reimbursed by the person, one appointed and reimbursed by the employer and one appointed and reimbursed by the retirement system. If the 3 health care providers resolve the dispute in favor of the person, the former employer must reimburse the health care provider appointed by the person. [PL 2021, c. 277, §28 (AMD); PL 2021, c. 277, §45 (AFF).]

3. Termination or reduction in benefits. At any time before the elimination of disability retirement benefit payments under section 17930, subsection 3 , the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]

4. Reinstatement of benefits. If, during the first 5 years of reinstatement, the person again becomes disabled and terminates employment, the retirement system shall resume paying the disability retirement benefit payable before the reinstatement with all applicable cost-of-living adjustments, or if greater, a disability retirement benefit based upon the person's current average final compensation. The chief executive officer may require examinations or tests to determine whether the person is disabled under section 17921 . [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 20021 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20021
5 §20021. Public awareness
Status: in_force

The department shall create and maintain a program to increase public awareness of the impacts and prevalence of substance use disorder. The public awareness program must include promotional and technical assistance to local governments, schools and public and private nonprofit organizations interested in substance use disorder prevention. [PL 2017, c. 407, Pt. A, §33 (AMD).]
5 M.R.S. § 145-C — ME Code / Title 5 / Part 1 / Chapter 7 / Section 145-C
5 §145-C. Capital appreciation bonds
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "College savings bonds" means any general obligation bonds of the State that: (1) The Treasurer of State is authorized to issue and sell; (2) Are offered for initial sale at a substantial discount from face value with some or all of the payment to bondholders of principal or interest or both deferred until maturity; and (3) Are designated by the Treasurer of State as college savings bonds. [PL 1991, c. 603, §1 (NEW).] [PL 1991, c. 603, §1 (NEW).]

2. Authorization. Any general obligation bonds of the State that the Treasurer of State now or after July 30, 1991 is authorized to issue and sell may be issued and sold by the Treasurer of State as college savings bonds. The Treasurer of State, after consultation with the advisory committee established in subsection 3 , may offer college savings bonds in such amounts and form and on such terms and conditions as the Treasurer of State determines necessary. Notwithstanding any contrary provision of any general obligation bond act, the Treasurer of State is authorized to issue bonds in serial or term form in the name of and on behalf of the State, in amounts that will raise usable bond proceeds equal to the total amount for the projects authorized by the general obligation bond act and approved at referendum. For purposes of determining the amount of bonds of the State being issued or outstanding as of any given time, the amount of capital appreciation bonds is the greater of the original issue amount and the accreted value, as determined by the Treasurer of State. [RR 1997, c. 2, §8 (COR).]

3. Advisory committee. There is established an advisory committee on college savings bonds to advise the Treasurer of State on the issuance of college savings bonds. The advisory committee consists of 3 ex officio members, the Commissioner of Administrative and Financial Services, the Commissioner of Education, the Chief Executive Officer of the Finance Authority of Maine; and one representative of the University of Maine System designated by the Governor for a 4-year term. The advisory committee shall consult with the Treasurer of State on the amount of college savings bonds to be issued by the State, their terms, maturities and structures and the marketing and availability of the bonds. [PL 1991, c. 780, Pt. Y, §18 (AMD).]

4. Sale of college savings bonds. College savings bonds may be sold by competitive or negotiated sale, provided that the Treasurer of State shall determine that the underwriter or underwriters to which the bonds are sold have sufficient capability to provide for broad retail distribution of the bonds to investors residing in the State. College savings bonds may be issued in certificate or book entry form, in face amounts as low as $1,000 if determined advisable by the Treasurer of State. The Treasurer of State may covenant and consent to establish any sinking funds, reserve funds or other accounts necessary to pay the bonds at maturity. [PL 1991, c. 603, §1 (NEW).]
5 M.R.S. § 200-B — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-B
5 §200-B. Authority of Attorney General to request utility records
Status: in_force

1. Public utility services. [PL 1999, c. 686, §1 (RP).]

1-A. Definitions. As used in this section, the following terms have the following meanings. A. "Internet service provider" means an entity that provides electronic communication or remote computation services, whether or not subject to the jurisdiction of the Public Utilities Commission. [PL 1999, c. 686, §1 (NEW).] B. "Utility services" means: (1) Services furnished by a public utility, as defined in Title 35‑A, section 102, subsections 7 , 8 , 14 , 15 , 19 , 20‑B and 22 , whether or not subject to the jurisdiction of the Public Utilities Commission; (2) Services provided by an Internet service provider; and (3) Mobile telecommunications services, as defined in Title 35‑A, section 102, subsection 9‑A , whether or not the provider of the mobile telecommunications services is subject to the jurisdiction of the Public Utilities Commission. [PL 1999, c. 686, §1 (NEW).] [PL 1999, c. 686, §1 (NEW).]

2. Demand for records of utility services; cause. The Attorney General, a deputy attorney general or a district attorney may demand, in writing, all the records or information in the possession of the public utility or Internet service provider relating to the furnishing of public utility services or Internet services to a person or a location if the attorney has reasonable grounds to believe that the services furnished to a person or to a location by a public utility or Internet service provider are being or may be used for, or to further, an unlawful purpose. Records of utility services, as applied to Internet service providers, are limited to the following information and records in the possession of the Internet service provider: the subscriber's or customer's name, address, local and long-distance telephone billing records, telephone number or other subscriber number or identity and length of time the services have been provided to the subscriber or customer. Upon a showing of cause to any Justice of the Superior Court or Judge of the District Court, the justice or judge shall approve the demand. Showing of cause must be by the affidavit of any law enforcement officer. [PL 1999, c. 686, §1 (AMD).]

3. Release of other information. An order approving a demand for records of utility services may include a provision prohibiting the provider of utility services from releasing the fact of the request or that the records or information will be or have been supplied. The provider of utility services may not release the fact or facts without obtaining a court order to that effect. [PL 1999, c. 686, §1 (AMD).]

4. Production of records of utility services. Upon receipt of a demand, approved by a justice or judge, the provider of utility services shall immediately deliver to the attorney, or the attorney's designee or agent, making the request all the records or information demanded. A provider of utility services or employee of that provider of utility services is not criminally or civilly liable for furnishing any records or information in compliance with the order approving the demand. [PL 1999, c. 686, §1 (AMD).]

5. Orders permitted under federal law. The Attorney General, a deputy attorney general or a district attorney may, upon an affidavit of an investigating law enforcement officer, make application to any Justice of the Superior Court or any Judge of the District Court for any order permitted pursuant to 18 United States Code, Section 3122(a)(2). [PL 1995, c. 625, Pt. A, §2 (RPR).]

6. Notification; extension. Within 60 days of approval of the demand under subsection 2 , the Attorney General, deputy attorney general or district attorney making the demand shall notify the person receiving the services that the demand for utility service records has been made and approved. Upon showing of reasonable cause by the Attorney General, deputy attorney general or district attorney, the court may extend the period within which notice must be given for a definite period of time. [PL 1999, c. 686, §1 (NEW).]
5 M.R.S. § 17710-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17710-B
5 §17710-B. Marine resources officers; contributions on and after July 1, 1993
Status: in_force

Notwithstanding sections 17710 and 17710‑A , on and after July 1, 1993 a law enforcement officer in the Department of Marine Resources who is subject to section 17710 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 17710 . [PL 2007, c. 491, §125 (AMD).]
5 M.R.S. § 156 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 156
5 §156. Authorization to establish program; payments for MaineCare benefits prohibited
Status: in_force

The Treasurer of State is authorized to establish in this State the ABLE ME Savings Program, referred to in this section as "the program," to allow an individual with a disability to establish a federal tax-advantaged savings account and use the funds in that account to pay for the individual's care. The program must comply with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295. [PL 2017, c. 394, §1 (NEW).]

Unless otherwise required by the United States Social Security Act, 42 United States Code, Section 1396p(b), the State, or any agency or instrumentality of the State, may not seek payment for MaineCare benefits provided to a designated beneficiary from an account, or its proceeds, that is established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295. [PL 2019, c. 348, §1 (NEW).]

Funds held in an account established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113‑295 or distributed for the purposes of paying qualified expenses must be disregarded when determining the designated beneficiary's eligibility for any means‑tested public assistance program. [PL 2019, c. 348, §1 (NEW).]

The Treasurer of State may adopt routine technical rules pursuant to chapter 375, subchapter 2‑A to implement the provisions of this section, including all terms and conditions of the program. [PL 2017, c. 394, §1 (NEW).]
5 M.R.S. § 18455 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18455
5 §18455. 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. § 10 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 10
5 §10. Payment of wages
Status: in_force

All state officers and employees, except temporary and seasonal employees, shall be paid their salaries or wages biweekly, the dates of payment to be determined by the State Controller. Any state officer, whose salary is established at an annual rate, shall receive biweekly a sum which will, in the year's aggregate, most nearly equal the annual rate. Payment may be made once in each calendar month to such state officers and employees as consent to such time of payment. Temporary and seasonal employees of the State shall be paid at such times as the State Controller shall specify. [PL 1981, c. 470, Pt. A, §6 (AMD).]
5 M.R.S. § 6200 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6200
5 §6200. Findings
Status: in_force

The Legislature finds that Maine is blessed with an abundance of natural resources unique to the northeastern United States; that these natural resources provide Maine residents and visitors to the State with an unparalleled diversity of outdoor recreation opportunities during all seasons of the year and a quality of life unmatched in this nation; that the continued availability of public access to these recreation opportunities and the protection of the scenic and natural environment are essential for preserving the State's high quality of life; that public acquisition programs have not kept pace with the State's expanding population and changing land use patterns so that Maine ranks low among the states in publicly owned land as a percentage of total state area; that rising land values are putting the State's real estate in shoreland and resort areas out of reach to most Maine citizens and that sensitive lands and resources of statewide significance are currently not well protected and are threatened by the rapid pace of development; and that public interest in the future quality and availability for all Maine people of lands for recreation and conservation is best served by significant additions of lands to the public domain. [PL 1993, c. 728, §2 (AMD).]

The Legislature further finds that Maine's private, nonprofit organizations, local conservation commissions, local governments and federal agencies have made significant contributions to the protection of the State's natural areas and that these agencies should be encouraged to further expand and coordinate their efforts by working with state agencies as "cooperating entities" in order to help acquire, pay for and manage new state acquisitions of high priority natural lands. [PL 1987, c. 506, §§ 1, 4 (NEW).]

The Legislature declares that the future social and economic well-being of the citizens of this State depends upon maintaining the quality and availability of working lands for farming, commercial fishing and forestry and natural areas for recreation, hunting and fishing, conservation, wildlife habitat, vital ecologic functions and scenic beauty and that the State, as the public's trustee, has a responsibility and a duty to pursue an aggressive and coordinated policy to assure that this Maine heritage is passed on to future generations. [PL 2025, c. 471, Pt. A, §1 (AMD).]
5 M.R.S. § 19508 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19508
5 §19508. Application to residents in children's homes
Status: in_force

This chapter also applies to children with disabilities in children's homes, emergency children's shelters, family foster homes, specialized children's homes and children's residential care facilities, as defined in Title 22, section 8101 , and to other residential educational facilities, including the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and other similar facilities. [PL 2013, c. 179, §1 (AMD).]
5 M.R.S. § 4597 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4597
5 §4597. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires, the following words shall have the following meanings: [PL 1973, c. 668 (NEW).]

1. Application for credit. "Application for credit" means any communication, oral or written, by a person to a creditor requesting an extension of credit to that person or to any other person, and includes any procedure involving the renewal or alteration of credit privileges or the changing of the name of the person to whom credit is extended; [PL 1973, c. 668 (NEW).]

2. Credit. "Credit" means the right granted by a creditor to a person to defer payment of debt or to incur debt and defer its payment, or purchase property or services and defer payment therefor; [PL 1973, c. 668 (NEW).]

3. Credit sale. "Credit sale" means a transaction with respect to which credit is granted or arranged by the seller. The term includes a contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become the owner of the property upon full compliance with the bailee's or lessee's obligations under the contract; [RR 2023, c. 2, Pt. B, §66 (COR).]

4. Credit transaction. "Credit transaction" means any invitation to apply for credit, application for credit, extension of credit or credit sale. [PL 1973, c. 668 (NEW).]

5. Creditor. "Creditor" means any person who regularly extends or arranges for the extension of credit for which the payment of finance charge or interest is required whether in connection with loans, sale of property or services or otherwise. [PL 1973, c. 668 (NEW).]

6. Extension of credit. "Extension of credit" means any acts incident to the evaluation of an application for credit and the granting of credit. [PL 1973, c. 668 (NEW).]

7. Invitation to apply for credit. "Invitation to apply for credit" means any communication, oral or written, by a creditor which encourages or prompts an application for credit. [PL 1973, c. 668 (NEW).]
5 M.R.S. § 17764 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17764
5 §17764. Vista, Peace Corps, Head Start and foreign teaching
Status: in_force

Members who served in the Peace Corps, foreign or domestic, the Volunteers in Service to America Program, or the Fulbright Exchange Program; who taught children of United States Foreign Service Corps personnel outside the continental United States or United States Armed Forces personnel located in any foreign country on a regularly established United States military base; or who served as an employee of a Head Start program in Maine may purchase service credit for that service under the following conditions. For the purposes of this section "members" means state employees and teachers. [PL 1999, c. 250, §1 (AMD).]

1. Limit on service credit. The service credit may not exceed 2 years. [PL 1989, c. 709, §3 (NEW).]

2. Creditable service required. Members whose service in these organizations preceded their becoming members in the State Employee and Teacher Retirement Program must, on the date of retirement, have at least 15 years of creditable service. [PL 2007, c. 491, §141 (AMD).]

3. Return to employment. Members who terminated service in the State as state employees or teachers prior to service with these organizations must return to state employment or active teaching in the State within one year of the completion of service in these organizations. [PL 1989, c. 709, §3 (NEW).]

4. Payment to fund. Members must, before any retirement benefit becomes effective, 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. Payments must be made as provided in section 17701 . [PL 2007, c. 491, §142 (AMD).]
5 M.R.S. § 1504 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1504
5 §1504. Charging off accounts due State
Status: in_force

The State Controller shall charge off the books of account of the State or any department, institution or agency thereof, such accounts receivable, including all taxes for the assessment or collection of which the State is responsible, and all impounded bank accounts, as are certified to the State Controller as impractical of realization by or for the State, department, institution or agency. Such certification must be by the Attorney General, the Commissioner of Administrative and Financial Services and the head of the department, institution or agency responsible for such account, subject to the approval of the Governor. In each such case, the charging off of such accounts must be recommended by the head of the department, institution or agency originally responsible for such account. [PL 1991, c. 780, Pt. Y, §38 (AMD).]
5 M.R.S. § 9058 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9058
5 §9058. Official notice
Status: in_force

1. Official notice. Agencies may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within their specialized knowledge and of statutes, regulations and nonconfidential agency records. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed. [PL 1977, c. 551, §3 (NEW).]

2. Facts. Facts officially noticed shall be included and indicated as such in the record. [PL 1977, c. 551, §3 (NEW).]

3. Evaluation of evidence. Notwithstanding the foregoing, agencies may utilize their experience, technical competence and specialized knowledge in the evaluation of the evidence presented to them. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 13080-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-A
5 §13080-A. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 474, §1 (NEW).]

1. Authority. "Authority" means the Loring Development Authority of Maine. [PL 1993, c. 474, §1 (NEW).]

2. Base area. "Base area" means the area within the geographic boundaries of Loring Air Force Base. [PL 1993, c. 474, §1 (NEW).]

3. Bond. "Bond" means a bond or note or other evidence of indebtedness authorized under this article, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. [PL 1993, c. 474, §1 (NEW).]

4. Department. "Department" means the Department of Economic and Community Development or its successor. [PL 1993, c. 474, §1 (NEW).]

5. Governing body. "Governing body" means, for a municipality, the municipal legislative body as defined by Title 30‑A, section 2001 or, for a county, the board of county commissioners. [PL 1993, c. 474, §1 (NEW).]

6. Loring Air Force Base. "Loring Air Force Base" or "base" means those properties and facilities within the geographic boundaries of the United States Department of Defense air force base at Limestone existing on July 13, 1993. "Base" also includes the Madawaska dam site, the Loring Water System, the Loring #3 communications site in Limestone, the pipeline from Searsport to Limestone and other geographically separate property that the authority determines should be considered part of the base, if the municipality in which the property is located has chosen not to accept the property and utilize it for other purposes. [PL 2003, c. 598, §1 (AMD).]

7. Operating revenues. "Operating revenues" means funds available to the authority from fees, fares, rental or sale of property and miscellaneous revenue and interest generated by the airport and collected in accordance with the provisions of the Surplus Property Act, 49 United States Code App. Section 2210 and Federal Aviation Administration Order 5190.6A. [PL 1993, c. 729, §2 (AMD).]

8. Primary impact community. "Primary impact community" means the municipalities of Caribou, Caswell, Fort Fairfield, Limestone, Presque Isle and Van Buren and Aroostook County. [PL 1993, c. 474, §1 (NEW).]

9. Readjustment or reuse. "Readjustment" or "reuse" means an alternative use of the base facility from its use as a military installation. [PL 1993, c. 474, §1 (NEW).]

10. Real or personal property. "Real or personal property" means those properties and assets transferred by the United States Government or the United States Air Force pursuant to the closure of Loring Air Force Base. [PL 1993, c. 474, §1 (NEW).]

11. Reconstruct or reconstruction. "Reconstruct" or "reconstruction" means any activities undertaken to maintain the properties of Loring Air Force Base, or any part of those properties, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the real properties or environmental mitigation activities on base properties. [PL 1993, c. 474, §1 (NEW).]
5 M.R.S. § 19507 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19507
5 §19507. Confidentiality of information; representation of individuals with disabilities
Status: in_force

1. Disclosure of nonidentifiable information. Authorized agency personnel, in the performance of their duties under section 19505 , may disclose information, materials and records that do not contain personally identifiable data. [PL 1989, c. 837, §1 (NEW).]

2. Disclosure to subject. Disclosure of information to a person with mental illness who is the subject of records is subject to this section. A. Authorized agency personnel may disclose information from the records obtained pursuant to section 19506 to a mentally ill individual who is the subject of the records, except when a mental health professional associated with the organization providing the records, who is responsible for supervising the provision of the mental health services to the individual, notifies the agency in writing that, based on the professional's determination, disclosure would be detrimental to the health of the subject individual. [PL 1989, c. 837, §1 (NEW).] B. Upon receipt of written notification pursuant to paragraph A , the agency may not disclose information from the records to the subject individual unless another mental health professional has reviewed the records and, based upon the professional's judgment following review, determines that disclosure would not be detrimental to the health of the individual. The reviewing mental health professional must be selected by: (1) The individual; (2) The individual's guardian or other legal representative; or (3) The agency, acting on behalf of an individual whose guardian is the State or an individual whose guardian or other legal representative is not the State, has not selected, within a reasonable time after receipt of notice pursuant to paragraph A , a mental health professional to review the records. [PL 1989, c. 837, §1 (NEW).] [PL 1989, c. 837, §1 (NEW).]

3. Disclosure of identifiable information and representation. Agency personnel may represent persons with disabilities or disclose information, materials and records containing personally identifiable information when one of the following occurs. A. The person gives consent. [PL 1989, c. 837, §1 (NEW).] B. The person has been judged incompetent or is a minor, and the individual's guardian or other legal representative gives consent. [PL 1989, c. 837, §1 (NEW).] C. The person, by reason of a mental or physical condition, is unable to give consent and is without a legal guardian or other representative who may consent on behalf of the individual. [PL 1989, c. 837, §1 (NEW).] D. The person is under public guardianship and the agency proceeds according to the provisions of subsection 4 . [PL 1989, c. 837, §1 (NEW).] E. The surrogate parent of a developmentally disabled or learning disabled minor authorizes the agency to represent the person in, or to disclose information regarding, special education matters governed by Title 20‑A, chapter 303, subchapter I , or 20 United States Code, Sections 1401 to 1485. [PL 1989, c. 837, §1 (NEW).] F. The person has a legal guardian, conservator or other legal representative and: (1) The legal guardian, conservator or legal representative has been contacted by the agency upon receipt of the name and address of the legal guardian, conservator or legal representative; (2) The agency has offered assistance to the legal guardian, conservator or legal representative to resolve the situation; and (3) The legal guardian, conservator or legal representative has failed or refused to act on behalf of the person. [PL 2001, c. 357, §15 (NEW).] G. The person is deceased or the person's whereabouts are unknown. [PL 2001, c. 357, §15 (NEW).] [PL 2001, c. 357, §15 (AMD).]

4. Public guardians. Before the agency represents or discloses personally identifiable information pertaining to a person with a disability who is under public guardianship, the agency and the public guardian shall adhere to the following procedures. A. The agency shall give the public guardian written notice of its intent to represent or disclose personally identifiable information pertaining to a person with a disability who is under public guardianship. [PL 1989, c. 837, §1 (NEW).] B. After giving notice pursuant to paragraph A , the agency may represent the person or disclose the information unless, within 5 working days, the public guardian gives to the agency written notice of its objections. [PL 1989, c. 837, §1 (NEW).] C. The objections of the public guardian to the agency's representation or disclosure may only be based upon the public guardian's belief that the actions of the agency would be detrimental to the person's interests. The written notice must state the public guardian's basis for that belief and the case name, docket number and court that established the public guardianship. [PL 1989, c. 837, §1 (NEW).] D. If the public guardian established under Title 18‑C, Article 5 , objects under paragraph B , the agency may petition the Probate Court that established the guardianship for permission to represent the person. [PL 2017, c. 402, Pt. C, §17 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] E. If the person is a child for whom the Department of Health and Human Services has been granted custody under Title 22, section 4034 , 4035 or 4038 , the agency may petition the court that granted custody for permission to represent the child. The agency must provide notice of the petition to the department at the same time the petition is filed with the court but need not provide notice to other parties to the original protective proceeding. The petition must be granted unless the Department of Health and Human Services demonstrates that representation by the agency would be detrimental to the child's interest. The court shall issue an order approving or denying the petition within 10 days of the filing of the petition. [PL 1989, c. 837, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] F. In cases of emergency requiring immediate agency representation in judicial or administrative proceedings, the agency need not await the public guardian's response to its notice of intent to represent. In these instances the public guardian may raise objections in the proceedings in which the agency represents the person with disabilities. [PL 1989, c. 837, §1 (NEW).] G. The agency and state agencies acting as public guardians shall, within 6 months of April 17, 1990, enter into cooperative agreements, in writing, describing how this subsection will be implemented. [RR 1997, c. 2, §24 (COR).] [PL 2017, c. 402, Pt. C, §17 (AMD); PL 2017, c. 402, Pt. F, §1 (AFF).]
5 M.R.S. § 782 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 782
5 §782. Definition of affirmative action
Status: in_force

An affirmative action program includes procedures designed to increase the numbers of minorities, women and persons with disabilities at all levels and in all segments of the work force where imbalances exist. Such a program should include an assessment of the existing situation, and the development of realistic goals for necessary action. These goals and related procedures and timetables should not require rigid quotas, but are commitments that an employer should make every good faith effort to achieve. [PL 2021, c. 348, §1 (AMD).]
5 M.R.S. § 110 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 110
5 §110. Change of name, address or type of organization by commercial clerk or commercial registered agent
Status: in_force

1. Contents of statement. If a commercial clerk or commercial registered agent changes its name, its address as currently listed under section 106, subsection 1 or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent that states: A. The name of the agent as currently listed under section 106, subsection 1 ; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. If the name of the agent has changed, its new name; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. If the address of the agent has changed, the new address; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. If the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization. [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. Effect of filing. The filing of a statement of change under subsection 1 is effective to change the information regarding the commercial clerk or commercial registered agent with respect to each entity represented by the agent. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Effective on filing. A statement of change filed under this section takes effect on filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Notice. A commercial clerk or commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Cancellation. If a commercial clerk or commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the listing of the agent under section 106 . A cancellation under this subsection has the same effect as a termination under section 107 . Promptly after canceling the listing of an agent, the Secretary of State shall serve notice in a record in the manner provided in section 113, subsection 2 or 3 on: A. Each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new clerk or registered agent, service of process may be made on the entity as provided in section 113 ; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. The agent, stating that the listing of the agent has been canceled under this section. [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).]
5 M.R.S. § 7030-B — ME Code / Title 5 / Part 17 / Chapter 371-A / Section 7030-B
5 §7030-B. Vacancies
Status: in_force

A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed serves only for the remainder of that term and must be appointed by the same appointing authority. Any vacancy on the commission does not affect its powers. [PL 2009, c. 191, §1 (NEW).]
5 M.R.S. § 8015 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8015
5 §8015. Records confidential (REALLOCATED TO TITLE 5, SECTION 15015)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15015)
5 M.R.S. § 20024 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20024
5 §20024. Licensing
Status: in_force

The department shall periodically enter, inspect and examine a treatment facility or program and examine its books, programs, standards, policies and accounts. This examination process must include a review of the requirements to be a community-based service provider pursuant to subchapter 5 . The department shall fix and collect the fees for the inspection and certification and shall maintain a list of approved public and private treatment facilities. [PL 2011, c. 657, Pt. AA, §33 (AMD).]

Upon request by the department, each approved public and private treatment facility must provide data, statistics, schedules and information that the department reasonably requires. The commissioner may remove a facility that fails to provide such information from the list of approved facilities. [PL 2011, c. 657, Pt. AA, §33 (AMD).]

An approved public or private treatment facility may not refuse inspection or examination by the department under this section. [PL 2011, c. 657, Pt. AA, §33 (AMD).]

Procedures to decertify any facility or to refuse certification are governed by the Maine Administrative Procedure Act. [PL 1991, c. 601, §19 (NEW).]

A treatment facility or program that receives and maintains accreditation from a national accrediting body approved by the department must be deemed in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this paragraph in response to a complaint against the facility or program. [PL 2011, c. 145, §1 (NEW).]
5 M.R.S. § 17706-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17706-A
5 §17706-A. Inactive accounts
Status: in_force

1. Conditions for refund. The retirement system may make an automatic refund of contributions to a member who has not properly applied for a refund as provided in section 17705‑A and who has terminated service, except by death or by retirement under this Part, and who has not met the minimum creditable service requirement for eligibility to receive a service retirement benefit at the applicable age under the following conditions: A. The member account has been inactive for 3 or more years; [PL 2007, c. 491, §113 (AMD).] B. Except when inclusion of a portion of employer contributions is required by this subsection, only accumulated contributions made by the member or picked up by the employer may be refunded to that member under this subsection; [PL 2007, c. 137, §13 (NEW).] C. The amount of the refund of accumulated contributions related to a member’s compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must be at least equal to 7.5% of the member’s compensation for that service plus interest as provided by section 17156 ; and [PL 2007, c. 137, §13 (NEW).] D. A member who receives an automatic refund under this subsection may, within 30 days of the issuance of the refund, return the full refunded amount to the retirement system. Upon receipt, the retirement system shall restore the accumulated contributions to the member’s credit. [PL 2007, c. 137, §13 (NEW).] Pursuant to the Code, Section 401(a)(31)(B), the amount of an automatic refund under this section for a member who has not reached the later of 62 years of age or normal retirement age may not exceed $1,000. [PL 2021, c. 548, §19 (AMD).]
5 M.R.S. § 3205 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3205
5 §3205. Acceptance and administration of funds
Status: in_force

The office may accept, administer and expend funds, including but not limited to funds from the Federal Government or from private sources, for purposes consistent with this chapter. The director shall provide a report of the amount of any outside funding received from private sources and its designated purpose to the Governor, the joint standing committee of the Legislature having jurisdiction over housing matters and the joint standing committee of the Legislature having jurisdiction over municipal matters on an annual basis. [PL 2025, c. 388, Pt. D, §9 (AMD).]

1. Rules. The office may adopt rules to administer grants and other fund disbursements. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2025, c. 388, Pt. D, §9 (NEW).]

2. Exemption. To maximize the availability of technical and financial assistance programs to all communities, including municipalities and tribes, and to multimunicipal regions and service providers, a financial assistance program administered competitively by the office is exempt from rules adopted by the Department of Administrative and Financial Services pursuant to chapter 155 governing the purchasing of services and the awarding of grants and contracts. [PL 2025, c. 388, Pt. D, §9 (NEW).]

3. Program statement. The office shall publish a program statement describing its grant programs and advertising its availability to eligible applicants. [PL 2025, c. 388, Pt. D, §9 (NEW).]

4. Grant term; recipient duties. A grant awarded from a financial assistance program pursuant to this section may be for a period of up to 2 years. A recipient of a grant fund from a financial assistance program shall cooperate with the office's performance of periodic evaluations. A recipient shall meet the office's reporting requirements. [PL 2025, c. 388, Pt. D, §9 (NEW).]

5. Appeals. The office may adjudicate appeals of its grant disbursement decisions. Notwithstanding any provision of law to the contrary, an adjudicatory hearing on an appeal must be held in accordance with the Maine Administrative Procedure Act. [PL 2025, c. 388, Pt. D, §9 (NEW).]
5 M.R.S. § 129 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 129
5 §129. Inventory
Status: in_force

When the deputy treasurer of state assumes the office of Treasurer of State under section 121, the State Auditor shall, as soon as practicable, after notice to the sureties of the late Treasurer of State or of the Treasurer of State to be superseded, take a true account and inventory of all moneys, notes, books of account and other property belonging to the State that were in the hands of that Treasurer of State or in the hands of any of that Treasurer of State's agents, and deliver it to the new Treasurer of State, who shall give a receipt for it, which must be lodged in the office of the State Auditor. [RR 2023, c. 2, Pt. B, §19 (COR).]
5 M.R.S. § 18305-C — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18305-C
5 §18305-C. Back contributions for certain days off without pay
Status: in_force

1. Election. If the retirement system determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for days off without pay in fiscal year 2009-10 or 2010-11, or a combination thereof, as provided in section 17001, subsection 4, paragraph A , the retirement system shall advise the member of that result and shall allow the member to elect to have that compensation included in the calculation of the member's benefit and to make payments as set forth in subsection 2 . [PL 2009, c. 630, §2 (NEW).]

2. Payment. The amount that a member who makes the election permitted in subsection 1 must pay is the amount equal to the employee contribution that member would have made on compensation that would have been paid to that member on the days off without pay during fiscal year 2009-10 or 2010-11, or a combination thereof, as provided in section 17001, subsection 4, paragraph A , plus interest at the same rate as that required for repayment of withdrawn contributions pursuant to section 18304 . If the member elects to make the payment, the retirement system shall withhold the required amount from the member's first retirement benefit check. [PL 2009, c. 630, §2 (NEW).]

3. Benefit calculation. If a member fails to make the election within 31 days of the notification provided under subsection 1 , the retirement system shall calculate the member's retirement benefit without inclusion of compensation that would have been paid for days off without pay during fiscal year 2009-10 or 2010-11, or a combination thereof, as provided in section 17001, subsection 4, paragraph A . [PL 2009, c. 630, §2 (NEW).]
5 M.R.S. § 18252 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18252
5 §18252. Membership in districts with Social Security coverage
Status: in_force

A person who is or would be covered by the United States Social Security Act as a result of employment by a participating local district with Social Security coverage may elect to be a member in the Participating Local District Retirement Program. Except as provided by 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, §2 (AMD).]

1. Membership. [PL 2009, c. 474, §31 (RP).]

2. Employee who is participating member. [PL 2009, c. 474, §31 (RP).]

3. Person who has previously ceased contributions. [PL 2009, c. 474, §31 (RP).]

4. Employee who has previously withdrawn rejoins after 3 years. [PL 2003, c. 387, §6 (RP).]

5. Limit on right to rejoin. [PL 2009, c. 474, §31 (RP).]

6. Restoration to service. [PL 2021, c. 548, §32 (RP).]
5 M.R.S. § 943 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 943
5 §943. Department of Labor
Status: repealed

(CONFLICT)

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Labor. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. [PL 1995, c. 462, Pt. B, §1 (RP).] B. Director, Bureau of Labor Standards; [PL 1983, c. 729, §4 (NEW).] C. Executive Director, Maine Labor Relations Board; [PL 1983, c. 729, §4 (NEW).] D. [PL 2007, c. 1, Pt. D, §2 (RP).] E. Director of Legislative Affairs; [PL 2011, c. 655, Pt. SS, §1 (AMD).] F. [PL 1995, c. 560, Pt. G, §3 (RP).] F-1. Deputy Commissioner; [PL 2005, c. 3, Pt. O, §1 (RPR).] G. [PL 1995, c. 560, Pt. G, §3 (RP).] G-1. Director, Bureau of Employment Services; [PL 2013, c. 467, §1 (AMD).] H. [PL 1995, c. 560, Pt. G, §3 (RP).] I. [PL 1995, c. 560, Pt. G, §3 (RP).] J. Director of Operations; [PL 2013, c. 467, §1 (AMD).] K. Director, Bureau of Rehabilitation Services; [PL 2023, c. 646, Pt. A, §4 (AMD).] L. (CONFLICT: Text as amended by PL 2023, c. 412, Pt. BBBBB, §1) Director, Bureau of Unemployment Compensation; [PL 2023, c. 412, Pt. BBBBB, §1 (AMD).] L. (CONFLICT: Text as repealed by PL 2023, c. 412, Pt. AAAAA, §2) [PL 2023, c. 412, Pt. AAAAA, §2 (RP); PL 2023, c. 412, Pt. AAAAA, §3 (AFF).] M. Director of Communications; and [PL 2023, c. 412, Pt. BBBBB, §2 (AMD).] N. Associate Commissioner. [PL 2023, c. 412, Pt. BBBBB, §3 (NEW).] [PL 2023, c. 646, Pt. A, §4 (AMD).]
5 M.R.S. § 18462 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18462
5 §18462. Transfer from special plan
Status: in_force

A participating local district may provide, by filing with the board a duly certified copy of its action, an additional benefit for employees under special plans who transfer to positions not under special plans. The benefits under subsection 2, paragraph A are not applicable to employees of participating local districts which have not adopted the provisions of section 18453, subsection 10 or 11 . [RR 2001, c. 2, Pt. A, §12 (COR).]

1. Special plan defined. As used in this section, unless the context otherwise indicates, "special plan" means any of the retirement programs in section 18453, subsections 2 to 9 . [PL 1989, c. 79, §3 (NEW).]

2. Additional creditable service. Additional creditable service is earned by a former participant in a special plan as follows. A. A member who has completed the service requirements for retirement under a special plan may transfer to a position not under a special plan and earn service credit for additional service retirement benefits. (1) The part of a member's service retirement benefit based upon membership service before being transferred shall be computed according to the formula for computing benefits under the special plan that the member was under previously. (2) The part of the member's benefit based upon membership service after being transferred shall be computed in accordance with section 18452, subsection 1 . [PL 1989, c. 79, §3 (NEW).] B. [PL 2001, c. 699, §5 (RP).] C. A member who has not completed the service requirements for retirement under a special plan may transfer to a position not under a special plan and shall receive service retirement benefits as follows. (1) If the benefit is greater, the part of the member's service retirement benefit based upon membership service before being transferred shall be computed according to the formula for computing benefits under the special plan that the member was under previously. (2) The part of the member's benefit based upon membership service after being transferred shall be computed in accordance with section 18452, subsection 1 . [PL 1989, c. 79, §3 (NEW).] D. A member who has not completed the service requirements for retirement under a special plan, on becoming disabled as defined in section 18501 , and on becoming reemployed in a position not under a special plan must on retirement receive retirement benefits as follows. (1) The part of the member's service retirement based on membership service before becoming disabled must be computed according to the formula for computing benefits under the member's previous special plan. (2) The part of the member's service retirement based on membership service after becoming reemployed in a position not under a special plan must be computed according to the formula for computing benefits under the member's previous special plan. (3) If the member is found to be no longer disabled, as defined in section 18501 , the member may: (a) Return to a position under the member's previous special plan; or (b) Remain in the position that is not under a special plan and have the part of the member's service retirement benefit based on post-disability service computed in accordance with section 18452, subsection 1 . (4) The chief executive officer may require that a member subject to this paragraph undergo medical examinations or tests once each year to determine the member's disability in accordance with section 18503 . (a) If the member refuses to submit to the examination or tests under this subparagraph, the member's retirement benefit must be based on section 17852, subsection 1 , until the member withdraws the refusal. (b) If the member's refusal under division (a) continues for one year, all the member's rights to any further benefits under this paragraph cease. [RR 2011, c. 2, §4 (COR); PL 2021, c. 548, §45 (REV).] [RR 2011, c. 2, §4 (COR); PL 2021, c. 548, §45 (REV).]

3. Reduction of benefits. Upon retirement before reaching normal retirement age, the service retirement benefit of a member who transferred or who was restored to service subject to subsection 2 must be reduced as follows. A. If the member transferred under the provisions of subsection 2, paragraph A , the portion of the retirement benefit based upon creditable service earned after being transferred must be reduced in accordance with section 18452, subsection 3 . [PL 2013, c. 391, §13 (AMD).] B. [PL 2001, c. 699, §6 (RP).] C. If the member was transferred subject to subsection 2, paragraph C , the retirement benefit must be reduced in accordance with section 18452, subsection 3 . [PL 2013, c. 391, §13 (AMD).] D. If the member was transferred subject to subsection 2, paragraph D , and: (1) If the member completes the service or service and age requirements for retirement under the special plan the member was under previously, the retirement benefit may not be reduced; or (2) If the member does not complete the service or service and age requirements for retirement under the special plan the member was under previously, the retirement benefit must be reduced in accordance with section 18452, subsection 3 . [PL 2013, c. 391, §13 (AMD).] [PL 2013, c. 391, §13 (AMD).]

4. Computation of benefit. The computation of the retirement benefit shall be based upon the member's average final compensation, as defined in section 17001, subsection 4 . [PL 1989, c. 79, §3 (NEW).]
5 M.R.S. § 20009 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20009
5 §20009. Planning
Status: in_force

The department shall plan substance use disorder prevention, treatment and recovery activities in the State and prepare and submit to the Legislature the following documents: [PL 2019, c. 524, §15 (AMD).]

1. Biennial plan. By January 15, 1991, and biennially thereafter, a comprehensive plan containing statements of measurable goals to be accomplished during the coming biennium and establishing performance indicators by which progress toward accomplishing those goals will be measured; and [PL 2017, c. 407, Pt. A, §32 (AMD).]

2. Four-year assessment. By January 15, 1991, and every 4th year thereafter, an assessment of the costs related to drug misuse in the State and the needs for various types of services within the State, including geographical disparities in the needs for various types of services and the needs of special populations of drug users. [PL 2017, c. 407, Pt. A, §32 (AMD).]
5 M.R.S. § 17812 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17812
5 §17812. Limitation on benefits
Status: in_force

Benefits are limited as follows. [PL 1987, c. 256, §11 (NEW).]

1. One benefit only. A beneficiary may select only one benefit, regardless of how many benefits the beneficiary qualifies for. [RR 2023, c. 2, Pt. B, §116 (COR).]

2. Election final. Except as provided in section 17803, subsection 4 , and section 17953, subsection 8 , if a beneficiary elects a benefit after receiving reasonable notification of available options from the retirement system, the beneficiary's election of benefit is final and may not be changed or revoked at a later date. [PL 1991, c. 548, Pt. A, §2 (AMD).]
5 M.R.S. § 20006-B — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20006-B
5 §20006-B. Gambling Addiction Prevention and Treatment Fund
Status: in_force

1. Fund established. The Gambling Addiction Prevention and Treatment Fund, referred to in this section as "the fund," is established for the purpose of supporting gambling addiction analysis, prevention and treatment to be administered by the department. The fund is a dedicated, nonlapsing fund into which payments are received in accordance with Title 8, section 1036, subsection 2 . [PL 2011, c. 657, Pt. AA, §24 (AMD).]

2. Report. The commissioner or the commissioner's designee shall report annually by March 1st to the joint standing committee of the Legislature having jurisdiction over gambling matters. The report must include a description of a continuum of care model used to identify the need for gambling addiction services, prevention efforts, intervention and treatment provided using money from the fund. The report must describe any collaborative efforts between the department, the Gambling Control Board established under Title 8, section 1002 and slot machine operators licensed in accordance with Title 8, chapter 31 to support the purpose of the fund described in subsection 1 . The commissioner may submit recommendations for legislation to the joint standing committee of the Legislature having jurisdiction over gambling matters, which is authorized to submit that legislation to the Legislature. [PL 2011, c. 657, Pt. AA, §24 (AMD).]
5 M.R.S. § 7051 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7051
5 §7051. General provisions
Status: in_force

The following provisions apply to the classified and unclassified services or to the specific services as specified in this section. [PL 1985, c. 785, Pt. B, §38 (NEW).]

1. Citizenship. In making appointments to or recruiting for any position on an open competitive basis in the classified service, preference must be given to citizens of the United States. This requirement may be waived by the officer on an individual basis when there exists compelling reasons for the waiver. [RR 2023, c. 1, Pt. B, §19 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

2. Discrimination prohibited. In carrying out this chapter, discrimination may not be made on account of political or religious opinions or affiliations or because of actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status, unless based upon a bona fide occupational qualification. [PL 2021, c. 553, §11 (AMD).]

3. Hiring and promoting neutrality. The final decision of whether a person will be hired or promoted by the State may not be made in part or wholly by a person related to the job candidate by consanguinity or affinity within the 4th degree. The officer by rules shall ensure that this section does not deprive any applicant or employee of full consideration for hiring or promotion. [RR 2023, c. 1, Pt. B, §20 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

4. Employees in military service; substitutes. Whenever any employee, regularly employed in other than a temporary position for a period of at least 6 months by the State or by any department, bureau, commission or office of the State, or by the University of Maine System, community colleges, Maine School Building Authority, Maine Turnpike Authority, Finance Authority of Maine or any other state or quasi-state agency, or by any county, municipality, township or school district within the State shall in time of war, contemplated war, emergency or limited emergency, enlist, enroll, be called or ordered or be drafted into the Armed Forces of the United States or any branch or unit thereof, or shall be regularly drafted under federal manpower regulations, the employee shall not be deemed or held to have thereby resigned from or abandoned employment, nor shall be removable during the period of service. "Temporary," for the purpose of this section means employment based on a seasonal or on-call basis or employment based on a contract of less than 6 months' duration. A. [PL 2001, c. 662, §1 (RP).] B. [PL 2001, c. 662, §2 (RP).] C. [PL 2001, c. 662, §2 (RP).] D. [PL 2001, c. 662, §3 (RP).] E. When a permanent classified employee is on extended leave, a substitute may be employed, subject to personnel rules, until return or separation of the incumbent. [PL 1985, c. 785, Pt. B, §38 (NEW).] [PL 2001, c. 662, §1-3 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

5. Probationary period; permanent appointments. All original appointments to the classified service and all subsequent promotional appointments within the classified service must be for a probationary period. The duration of the probationary period is determined by the officer in consultation with the director or commissioner of the agency, but in no case may it be for less than 6 months. A. An employee during the probationary period must be reviewed at the end of the employee's 3rd month of employment by the employee's supervisor. The supervisor and the employee shall mutually discuss the job tasks and the performance of the employee, including any necessary improvements. [PL 2021, c. 601, §1 (AMD).] B. An employee during the probationary period must be included in the payroll of the department in which the employee has been hired at the time of the commencement of the employee's duties. An employee during the probationary period must be compensated in the same manner as a permanent full-time employee, as long as the employee has been hired in accordance with all applicable laws and procedures. [PL 2021, c. 601, §1 (AMD).] C. During the probationary period, an employee is not entitled to a pre-disciplinary hearing and may be dismissed, suspended or otherwise disciplined without cause. Dismissal, suspension or any other disciplinary action against an employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement. [PL 2021, c. 601, §1 (NEW).] [RR 2023, c. 1, Pt. B, §21 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

6. Temporary and provisional appointments. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the officer. If the nominee is found by the officer to have had experience and training that appear to qualify the nominee for the position, the nominee may be temporarily appointed to fill the vacancy in accordance with policies and procedures developed by the officer. A. The officer may make a provisional appointment to fill a technical or professional position that requires a specialized knowledge or training to carry out the duties of the position and that cannot be filled from the eligible register. [RR 2023, c. 1, Pt. B, §22 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] B. The officer shall establish a policy to protect persons in temporary positions from remaining in a temporary position for an unreasonable period of time that may not exceed one year except that an extension may be granted to an individual by the officer when unusual circumstances warrant that extension. [RR 2023, c. 1, Pt. B, §22 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] C. The officer may authorize, without requiring competitive tests, the appointment of unskilled laborers or persons engaged in custodial and domestic work in state institutions or departments. [RR 2023, c. 1, Pt. B, §22 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] [RR 2023, c. 1, Pt. B, §22 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

7. Dismissal and disciplinary action. Except as provided in subsection 5 , an appointing authority may dismiss, suspend or otherwise discipline an employee in the classified service for cause. This right is subject to the right of appeal and arbitration of grievances set forth in the applicable labor contract, in sections 7081 to 7084 or by civil service rule; and sections 7081 to 7084 apply to any employee who has satisfactorily completed an initial probationary period. This subsection does not apply to unclassified employees listed in section 931 , nor does this subsection in any way limit the collective bargaining rights of classified and unclassified employees. This subsection does not apply to an employee appointed to a major policy-influencing position listed in sections 932 to 953. Notwithstanding any provision of law to the contrary, the head of any institution under the control of the Department of Health and Human Services as the appointing authority may suspend with pay any employee who is charged by indictment with the commission of a criminal offense involving acts alleged to have been perpetrated upon any resident or residents of any such institution. Any suspension with pay may be authorized by the appointing authority only when to permit the employee to remain on duty at the institution would be against the best interest of any one or more of the residents of the institution, and authorization for suspension with pay applies only during the pendency of the criminal proceedings in the trial court, but not longer than 30 working days. Sections 7081 to 7084 do not apply to suspension with pay ordered by the appointing authority under this paragraph. [PL 2021, c. 601, §2 (AMD).]
5 M.R.S. § 8010 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8010
5 §8010. Loan Insurance premiums (REALLOCATED TO TITLE 5, SECTION 15010)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15010)
5 M.R.S. § 4565 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4565
5 §4565. Removal from office
Status: in_force

Any member of the commission may be removed by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges. [PL 1975, c. 771, §89 (AMD).]
5 M.R.S. § 17857 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17857
5 §17857. Transfer from special plan
Status: in_force

1. Special plan defined. As used in this section, unless the context otherwise indicates, "special plan" means any of the retirement programs in section 17851, subsection 4 , 5 , 6 , 7 , 8 , 9 , 10 or 11 and section 17851‑A . [PL 1997, c. 769, §19 (AMD).]

2. Additional creditable service. Additional creditable service is earned by a former participant in a special plan as follows. A. A member who has completed the service requirements for retirement under a special plan, including a member who completes the requirements of section 17851‑A, subsection 2, paragraph A , may transfer to a position not under a special plan and earn service credit for additional service retirement benefits. (1) The part of the member's service retirement benefit based upon membership service before being transferred must be computed according to the formula for computing benefits under the special plan that the member was under previously. (2) The part of the member's benefit based upon membership service after being transferred must be computed in accordance with section 17852, subsection 1 . [PL 1997, c. 769, §19 (AMD).] B. [PL 2001, c. 442, §2 (RP).] C. A member who has not completed the service requirements for retirement under a special plan may transfer to a position not under a special plan and receive service retirement benefits as follows. This paragraph does not apply to section 17851‑A, subsection 2, paragraph A . (1) If the benefit is greater, the part of the member's service retirement benefit based upon membership service before being transferred must be computed according to the formula for computing benefits under the special plan that the member was under previously. (2) The part of the member's benefit based upon membership service after being transferred must be computed in accordance with section 17852, subsection 1 . [PL 1997, c. 769, §19 (AMD).] D. A member who has not completed the service requirements for retirement under a special plan, including a member who completes the requirements of section 17851‑A, subsection 2, paragraph A , on becoming disabled as defined in section 17901 , or, after September 30, 1989, section 17921 , and on becoming reemployed in a position not under a special plan on retirement receives retirement benefits as follows. (1) The part of the member's service retirement based on membership service before becoming disabled must be computed according to the formula for computing benefits under the member's previous special plan. (2) The part of the member's service retirement based on membership service after becoming reemployed in a position not under a special plan must be computed according to the formula for computing benefits under the member's previous special plan. (3) If the member is found to be no longer disabled, as defined in section 17901 , or, after September 30, 1989, section 17921 , the member may: (a) Return to a position under the member's previous special plan; or (b) Remain in the position that is not under a special plan and have the part of the member's service retirement benefit based on post-disability service computed in accordance with section 17852, subsection 1 . (4) The chief executive officer may require that a member subject to this paragraph undergo medical examinations or tests once each year to determine the member's disability in accordance with section 17903 or, after September 30, 1989, section 17926 . (a) If the member refuses to submit to the examination or tests under this subparagraph, the member's retirement benefit must be based on section 17852, subsection 1 , until the member withdraws the refusal. (b) If the member's refusal under division (a) continues for one year, all the member's rights to any further benefits under this paragraph shall cease. [PL 1997, c. 769, §19 (AMD); PL 2021, c. 548, §45 (REV).] [PL 2001, c. 442, §2 (AMD); PL 2021, c. 548, §45 (REV).]

3. Reduction of benefits; 10 years of creditable service on July 1, 1993. Upon retirement before reaching age 60, the service retirement benefit of a member who transferred or who was restored to service subject to subsection 2 must be reduced as follows. A. If the member transferred under the provisions of subsection 2, paragraph A : (1) If applicable, the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced in accordance with section 17852, subsection 10, paragraph C or, if the member was covered under section 17851‑A , the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced as provided in that section; and (2) The portion of the retirement benefit based upon creditable service earned after being transferred must be reduced in accordance with section 17852, subsection 3 . [PL 1999, c. 731, Pt. CC, §11 (AMD).] B. [PL 2001, c. 699, §2 (RP).] C. If the member was transferred subject to subsection 2, paragraph C , the retirement benefit must be reduced in accordance with section 17852, subsection 3 . [PL 1997, c. 769, §19 (AMD).] D. If the member was transferred subject to subsection 2, paragraph D , and: (1) If the member completes the service or service and age requirements for retirement under the special plan that the member was under previously, if applicable, the retirement benefit must be reduced in accordance with section 17852, subsection 10, paragraph C or, if the member was covered under section 17851‑A , the retirement benefit must be reduced as provided in that section; or (2) If the member does not complete the service or service and age requirements for retirement under the special plan that the member was under previously, the retirement benefit must be reduced in accordance with section 17852, subsection 3 . [PL 1999, c. 731, Pt. CC, §11 (AMD).] [PL 2001, c. 699, §2 (AMD).]

3-A. Reduction of benefits; less than 10 years of creditable service on July 1, 1993. On and after July 1, 1993, upon retirement before reaching the age of 62, the service retirement benefit of a member who transferred or who was restored to service subject to subsection 2 must be reduced as follows. A. If the member transferred under the provisions of subsection 2, paragraph A : (1) If applicable, the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced as provided in that section; and (2) The portion of the retirement benefit based upon creditable service earned after being transferred must be reduced in accordance with section 17852, subsection 3‑A . [PL 1999, c. 731, Pt. CC, §12 (AMD).] B. If the member was a retiree restored to service subject to subsection 2 , former paragraph B: (1) If applicable, the portion of the retirement benefit based upon creditable service earned before the member's initial retirement must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the portion of the retirement benefit based upon creditable service earned before the member's initial retirement must be reduced as provided in that section; and (2) The portion of the retirement benefit based upon creditable service earned after being restored to service must be reduced in accordance with section 17852, subsection 3‑A . [PL 2001, c. 667, Pt. A, §4 (AMD).] C. If the member was transferred subject to subsection 2, paragraph C , the retirement benefit must be reduced in accordance with section 17852, subsection 3‑A . [PL 1993, c. 410, Pt. L, §42 (NEW).] D. If the member was transferred subject to subsection 2, paragraph D and: (1) If the member completes the service or service and age requirements for retirement under the special plan that the member was under previously, if applicable, the retirement benefit must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the retirement benefit must be reduced as provided in that section; or (2) If the member does not complete the service or service and age requirements for retirement under the special plan that the member was under previously, the retirement benefit must be reduced in accordance with section 17852, subsection 3‑A . [PL 1999, c. 731, Pt. CC, §12 (AMD).] This subsection applies to members who on July 1, 1993 have less than 10 years of creditable service under this Part. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29 , or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 2001, c. 667, Pt. A, §4 (AMD).]

3-B. Reduction of benefits; less than 5 years of creditable service on July 1, 2011. On and after July 1, 2011, upon retirement before reaching the 65 years of age, the service retirement benefit of a member who transferred or who was restored to service subject to subsection 2 must be reduced as follows: A. If the member transferred under the provisions of subsection 2, paragraph A : (1) If applicable, the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the portion of the retirement benefit based upon creditable service earned before being transferred must be reduced as provided in that section; and (2) The portion of the retirement benefit based upon creditable service earned after being transferred must be reduced in accordance with section 17852, subsection 3‑B . [PL 2011, c. 380, Pt. T, §20 (NEW).] B. If the member was a retiree restored to service subject to subsection 2 , former paragraph B: (1) If applicable, the portion of the retirement benefit based upon creditable service earned before the member's initial retirement must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the portion of the retirement benefit based upon creditable service earned before the member's initial retirement must be reduced as provided in that section; and (2) The portion of the retirement benefit based upon creditable service earned after being restored to service must be reduced in accordance with section 17852, subsection 3‑B . [PL 2011, c. 380, Pt. T, §20 (NEW).] C. If the member was transferred subject to subsection 2, paragraph C , the retirement benefit must be reduced in accordance with section 17852, subsection 3‑B . [PL 2011, c. 380, Pt. T, §20 (NEW).] D. If the member was transferred subject to subsection 2, paragraph D and: (1) If the member completes the service or service and age requirements for retirement under the special plan that the member was under previously, if applicable, the retirement benefit must be reduced in accordance with section 17852, subsection 10, paragraph C‑1 or, if the member was covered under section 17851‑A , the retirement benefit must be reduced as provided in that section; or (2) If the member does not complete the service or service and age requirements for retirement under the special plan that the member was under previously, the retirement benefit must be reduced in accordance with section 17852, subsection 3‑B . This subsection applies to members who on July 1, 2011 have less than 5 years of creditable service under this Part. For the purpose of calculating creditable service under this subsection, creditable service includes: creditable service under this Part; creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; creditable service available to a member that the member was eligible to purchase on June 30, 2011 and that the member does purchase in accordance with rules adopted by the board; and creditable service for which the member makes payment for certain days off without pay during fiscal year 2009-10 or fiscal year 2010-11. The amount of the required payment must be made in accordance with section 17704‑B and payment may be made at any time prior to retirement. [PL 2011, c. 380, Pt. T, §20 (NEW).] [PL 2011, c. 380, Pt. T, §20 (NEW).]

4. Computation of benefit. The computation of the retirement benefit must be based upon the member's average final compensation, as defined in section 17001, subsection 4 . [PL 1997, c. 769, §19 (AMD).]
5 M.R.S. § 787 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 787
5 §787. State financial assistance
Status: in_force

A state agency or state-related agency may not approve a grant of state financial assistance to any recipient who is engaged in discriminatory practices. All recipients of state financial assistance shall submit to the Maine Human Rights Commission, at its request, information relating to the recipient's operations with regard to actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status. Such information must be furnished on a form to be prescribed by the Maine Human Rights Commission. [PL 2021, c. 553, §8 (AMD).]
5 M.R.S. § 15322 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15322
5 §15322. Technology centers
Status: in_force

1. Establishment; purpose. The technology centers, referred to in this section as "the centers," are established. The purpose of the centers is to support early-stage development of technology-based businesses. The self-managed, state-coordinated centers, strategically placed throughout the State, are an integral component of the State's efforts to foster new technology-based businesses. The goals of the centers include the following: A. The retention of successful start-up businesses in the State; [PL 2011, c. 691, Pt. C, §4 (NEW).] B. The improvement of opportunities for workers through the creation of technologically advanced jobs; and [PL 2011, c. 691, Pt. C, §4 (NEW).] C. The encouragement of private-sector initiatives. [PL 2011, c. 691, Pt. C, §4 (NEW).] [PL 2011, c. 691, Pt. C, §4 (NEW).]

2. Administration. The following provisions govern the administration of the centers. A. Each technology center is governed by its own board of directors. Each board of directors shall determine services to be provided pursuant to subsection 3, paragraph C . [PL 2011, c. 691, Pt. C, §4 (NEW).] B. The Department of Economic and Community Development shall determine assistance criteria and desired program outcomes and establish an application process so that technology centers possessing personnel with applicable skills can be chosen to best deliver services to technology-based entrepreneurs within a respective area unless the technology centers are administered by the Maine Technology Institute pursuant to section 15303, subsection 7, paragraph A . [PL 2017, c. 109, §5 (AMD).] [PL 2017, c. 109, §5 (AMD).]

3. Technology centers. The following provisions govern technology centers. A. A technology center may be incorporated as a nonprofit organization, be part of a nonprofit organization, be incorporated as a for-profit organization or be part of a for-profit organization. The following provisions govern a for-profit technology center. (1) Services made available to a technology center by the center director must be made available to all clients of a for-profit center. (2) A for-profit center in a targeted technology may apply for available funding. A for-profit center selected for funding shall accept the funding as a loan that may be paid back in the form of cash, equity or royalties as agreed upon by the for-profit center and the Department of Economic and Community Development. [PL 2011, c. 691, Pt. C, §4 (NEW).] B. The records and proceedings of the technology centers are public for the purposes of Title 1, chapter 13 except that the following records are designated as confidential for the purposes of Title 1, section 402, subsection 3, paragraph A : (1) A record obtained or developed by a technology center prior to receipt of a written application or proposal in a form acceptable to the technology center for assistance from the technology center. After receipt by the technology center of the application or proposal, a record pertaining to the application or proposal may not be considered confidential unless it is confidential under another provision of this paragraph; (2) A peer review or analysis or other document related to the evaluation of a grant application or proposal; (3) A record that the person, including the technology center, to whom the record belongs or pertains has requested be designated confidential and that the technology center has determined contains proprietary information, trade secrets or commercial or financial information, the release of which could be competitively harmful to the submitter of the information, could impair the technology center's ability in the future to obtain similar necessary information solely through the voluntary provision of such information and could affect other technology center interests, such as program effectiveness and compliance. For purposes of this subparagraph, the following terms have the following meanings. (a) "Commercial or financial information" means information related to businesses, commerce, trade, employment, profits or finances, including personal finances. (b) "Trade secret" means a secret, commercially valuable plan, formula, process or device that is used for the making, preparing, compounding or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort. There must be a direct relationship between the trade secret and the productive process; (4) A financial statement, credit report or tax return of an individual or other record obtained or developed by the technology center, the disclosure of which would constitute an invasion of personal privacy as determined by the technology center; (5) A record, including a financial statement or tax return obtained or developed by the technology center in connection with a monitoring or servicing activity of the technology center, pertaining to financial assistance provided or to be provided by or with the assistance of the technology center; (6) A record obtained or developed by the technology center that contains an assessment by a person who is not employed by the technology center of the creditworthiness or financial condition of a person or project; (7) A financial statement or business and marketing plan in connection with a project receiving or to receive financial or other assistance from the technology center, if the person to whom the statement or plan belongs or pertains has requested that the record be designated confidential; and (8) Those employee personnel records made confidential pursuant to section 957, subsection 5 and section 17057 . [PL 2011, c. 691, Pt. C, §4 (NEW).] C. The technology centers shall provide support for early-stage technology-based businesses in the State through at least one of the following mechanisms: (1) One-on-one sessions; (2) Peer networks; (3) Classroom training on subjects unique to technology commercialization and the management of high-growth enterprises; (4) Mentor programs that link senior technology executives with entrepreneurs; and (5) Networking opportunities. [PL 2011, c. 691, Pt. C, §4 (NEW).] [PL 2011, c. 691, Pt. C, §4 (NEW).]

4. Funding. The following provisions govern funding for technology centers. A. Funding for the technology centers must be commensurate with the level of assistance provided. [PL 2011, c. 691, Pt. C, §4 (NEW).] B. All funding must be provided on a competitive basis. [PL 2011, c. 691, Pt. C, §4 (NEW).] [PL 2011, c. 691, Pt. C, §4 (NEW).]

5. Relationship with academic institution. A technology center shall establish a relationship with at least one academic institution in this State. The Department of Economic and Community Development shall establish guidelines for such a relationship and determine whether a technology center has met the requirements of this subsection. [PL 2011, c. 691, Pt. C, §4 (NEW).]

6. Rule-making authority. The Department of Economic and Community Development may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2011, c. 691, Pt. C, §4 (NEW).]
5 M.R.S. § 136 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 136
5 §136. Monthly exhibits
Status: in_force

At the expiration of each month, the Treasurer of State shall prepare an exhibit showing the banks and places in which moneys of the State have been kept or deposited during the preceding month, and the amount at the time of the exhibit. This exhibit shall be open to public inspection. [PL 1981, c. 456, Pt. A, §19 (AMD).]
5 M.R.S. § 7062 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7062
5 §7062. Registers of eligibility
Status: in_force

The officer, in accordance with policies and procedures established by the officer, shall prepare for each class of positions in the classified service registers of persons eligible for appointment to positions in each class. Each eligible register consists of a list of all the persons who have shown by competitive tests, as provided in section 7063 , that they possess the qualifications that entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared, and of employees who have resigned or been dismissed, laid off or granted leaves of absence and whose names have been restored to the eligible register in accordance with this chapter. [RR 2023, c. 1, Pt. B, §28 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Placement of names on register. In establishing registers of eligible persons pursuant to this section, the names of all persons attaining the minimum final earned ratings established by the officer must be placed on the register. [RR 2023, c. 1, Pt. B, §29 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

2. Establishment of direct hire procedures. The officer shall, based on recruitment and retention needs and the provision of section 7036, subsection 22 , establish where practicable direct hire procedures. [RR 2023, c. 1, Pt. B, §30 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

3. Removal from list prohibited under certain circumstances. A person may not be removed from a register of eligibles for: A. Specifying the conditions under which the applicant will accept employment in a classification; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Specifying a department, bureau or division in which the applicant will accept employment in a classification; or [PL 2015, c. 442, §3 (AMD).] C. Specifying a department, bureau or division in which the applicant will not accept employment in a classification. [PL 2015, c. 442, §3 (AMD).] D. [PL 2015, c. 442, §3 (RP).] E. [PL 2015, c. 442, §3 (RP).] [PL 2015, c. 442, §3 (AMD).]
5 M.R.S. § 13080-N — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-N
5 §13080-N. Capital reserve funds; obligation of State
Status: in_force

1. Capital reserve fund. The authority may create and establish one or more capital reserve funds and may pay into any such capital reserve fund money appropriated and made available by the State for the purposes of any such fund, any proceeds of sale by the authority of bonds to the extent determined by the authority and any other money available to the authority. For purposes of this section, the amount of any letter of credit, insurance contract, surety bond or similar financial undertaking available to be drawn on and applied to obligations to which money in any such fund may be applied is considered and counted as money in the capital reserve fund. [PL 1993, c. 729, §10 (NEW).]

2. Application. Money held in any capital reserve fund, except as provided in this section, must be used solely with respect to bonds, repayment of which is secured by any such fund and solely for the payment of principal of the securities, the purchase or redemption of the securities, including any fees or premiums, or the payment of interest on the securities. In addition, if the authority obtains a letter of credit, insurance contract, surety bond or similar financial undertaking to establish and fund a capital reserve fund under subsection 1 , money in the fund may be used to pay, when due, whether by acceleration or otherwise, all reimbursement obligations of the authority established in connection with that letter of credit, insurance contract, surety bond or similar financial undertaking, including, but not limited to, all fees, expenses, indemnities and commissions. Money in excess of the reserve requirement established as provided in subsection 3 may be transferred to other funds and accounts of the authority. [PL 1993, c. 729, §10 (NEW).]

3. Reserve requirement. The authority may provide that money in a capital reserve fund under subsection 2 may not be withdrawn at any time in an amount that would reduce the amount of that fund below an amount, referred to in this section as the "capital reserve requirement," established by the authority, except for the purpose of paying the amount due and payable with respect to bonds, repayment of which is secured by that fund, or reimbursement obligations of the authority with respect to any letter of credit, insurance contract, surety bond or similar financial undertaking pertaining to that fund. [PL 1993, c. 729, §10 (NEW).]

4. Issuance limit. The authority may provide that it will not issue bonds if the capital reserve requirement established by the authority with respect to securities outstanding and then to be issued and secured by a capital reserve fund will exceed the amount of that fund, including the amount available under any letter of credit, insurance contract, surety bond or other similar financial undertaking given to secure the capital reserve requirement, at the time of issuance, unless the authority, at the time of issuance of the securities, deposits in that fund from proceeds of the securities to be issued, or from other sources, an amount that, together with the amounts then in that fund and amounts available under any letter of credit, insurance contract, surety bond or other similar financial undertaking will not be less than the capital reserve requirement. [PL 1993, c. 729, §10 (NEW).]

5. Appropriation. On or before December 1st, annually, the authority shall certify to the Governor the amount, if any, necessary to restore the amount in any capital reserve fund. In trust agreements or other pertinent documents, it must be clearly stated that this subsection applies to the capital reserve requirement. The Governor shall pay from the Contingent Account to that fund as much of the amount as is available in the Contingent Account and shall transmit to the Legislature a certification and a statement of the amount, if any, remaining to be paid and the amount certified must be appropriated and paid to the authority during the then current state fiscal year. [PL 2003, c. 598, §10 (AMD).]

6. Securities outstanding. The authority may not have at any one time outstanding bonds, which, in the trust agreement or other document, subsection 5 is stated to apply to, in principal amount exceeding an amount equal to $100,000,000. The amount of bonds issued to refund securities previously issued may not be taken into account in determining the principal amount of securities outstanding, provided that proceeds of the refunding securities are applied as promptly as possible to the refunding of the previously issued securities. In computing the total amount of bonds of the authority that may at any time be outstanding for any purpose, the amounts of outstanding bonds that have been issued as capital appreciation bonds or as similar instruments are valued as of any date of calculation at their then current accreted value rather than their face value. [PL 1995, c. 495, §8 (AMD).]

7. Other capital reserve funds. This section, including subsection 5 , may not be construed to require that each capital reserve fund established under this section have the benefit described in subsection 5 . [PL 2003, c. 598, §11 (NEW).]
5 M.R.S. § 17658 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17658
5 §17658. Maine National Guard
Status: in_force

1. Membership in the State Employee and Teacher Retirement Program. Any person who was an employee on December 31, 1941, and who later transferred to the Maine National Guard and was employed under the National Defense Act of June 3, 1916, section 90, is considered a member of the State Employee and Teacher Retirement Program if that person makes payments to the Members' Contribution Fund in the same amounts and during the same periods as other state employees have made to that fund, either through direct contributions or pick-up contributions. [PL 2007, c. 491, §99 (AMD).]

2. Amounts due. Any person described in subsection 1 may make up any amounts due to the Members' Contribution Fund. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Rights and benefits. A person described in subsection 1 is entitled to all the rights and benefits that that person could have accrued if that person had been employed by the State. [RR 2023, c. 2, Pt. B, §101 (COR).]
5 M.R.S. § 1825-K — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-K
5 §1825-K. Application of state purchasing code of conduct to certain bidders seeking contracts as part of competitive bid process; affidavit required
Status: in_force

1. Application. This subchapter applies to competitive bids for sale of apparel, footwear or textiles pursuant to subchapter 1‑A . [PL 2005, c. 554, Pt. A, §1 (NEW).]

2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Code of conduct" means the state purchasing code of conduct that follows the principles set out in section 1825‑L . [PL 2005, c. 554, Pt. A, §1 (NEW).] B. "Independent monitor" means a not-for-profit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear or textiles. [PL 2005, c. 554, Pt. A, §1 (NEW).] [PL 2005, c. 554, Pt. A, §1 (NEW).]

3. Availability of copy of code of conduct. The Chief Procurement Officer shall make a copy of the state purchasing code of conduct available to all bidders subject to this subchapter. [PL 2023, c. 516, Pt. B, §29 (AMD).]

4. Affidavit requirement. The Chief Procurement Officer may not accept a bid for the sale of goods covered by this subchapter unless: A. Prior to the close of the bidding deadline, the bidder has filed with the officer a signed affidavit, executed and filed by a person authorized to commit the bidder to the code of conduct, stating: (1) That the bidder will comply with the code of conduct; (2) That the bidder has furnished a copy of the code of conduct to each supplier at the point of assembly of the goods subject to the bid process and required that each supplier inform the bidder of whether the supplier is in compliance with the code of conduct; and (3) That, to the best of the bidder's knowledge, each supplier at the point of assembly of the goods subject to the bid process is in compliance with the code of conduct; and [PL 2023, c. 516, Pt. B, §30 (AMD).] B. The bidder has submitted a list of the names and addresses of suppliers at the point of assembly of goods subject to the bid process. [PL 2005, c. 554, Pt. A, §1 (NEW).] [PL 2023, c. 516, Pt. B, §30 (AMD).]

5. Affidavit update requirement. If, after complying with the filing requirements of this section, a bidder is awarded a contract, that contractor must, during the term of the contract, promptly inform the Chief Procurement Officer of any change in the information furnished in the affidavit submitted at the time of the original bid and must submit a new, updated affidavit that conforms with the requirements of subsection 4 . [PL 2023, c. 516, Pt. B, §31 (AMD).]
5 M.R.S. § 13083-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-C
5 §13083-C. Washington County Development Authority; powers; membership; obligations
Status: in_force

1. Powers. The authority is a public municipal corporation and may: A. Sue and be sued; [PL 2001, c. 568, §1 (NEW).] B. Adopt bylaws or regulations consistent with this article for the governance of its affairs; [PL 2001, c. 568, §1 (NEW).] C. Exercise all of the general powers of corporations under Title 13‑C, section 302 ; [PL 2003, c. 688, Pt. A, §2 (AMD).] D. Accept from the Federal Government and dispose of by lease, sale or transfer the real or personal property located within the geographical boundaries of a decommissioned federal military facility located within Washington County; [PL 2001, c. 568, §1 (NEW).] E. Apply for and accept grants from private and public entities to provide necessary funding for the activities of the authority and to carry out the purposes of this article; [PL 2001, c. 568, §1 (NEW).] F. Contract with the Federal Government or its instrumentalities or agencies; this State or its agencies, instrumentalities or municipalities; public bodies; and private corporations, partnerships, associations and individuals to carry out the purposes of this article; [PL 2001, c. 568, §1 (NEW).] F-1. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes provided in this article, give any security that is required and enter into and carry out contracts in connection with that financial assistance; [PL 2005, c. 367, §3 (NEW).] F-2. Charge and collect fees, charges and rents for the use of the properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this article; [PL 2005, c. 367, §3 (NEW).] F-3. Employ an executive director and other staff as considered necessary by the board of trustees; [PL 2005, c. 367, §3 (NEW).] F-4. Borrow money, make, issue and sell at public or private sale negotiable notes, bonds and other evidences of indebtedness or obligation of the authority for the purposes under this article and secure the payment of that obligation or any part of that obligation by pledge of all or any part of the operating revenues of the authority; [PL 2011, c. 136, §2 (NEW).] Revisor's Note: (Paragraph F-4 as enacted by PL 2011, c. 148, §1 is REALLOCATED TO TITLE 5, SECTION 13083-C, SUBSECTION 1, PARAGRAPH F-6) F-5. Enter into loan or security agreements with one or more lending institutions, including, but not limited to, banks, insurance companies and institutions that administer pension funds, or trustees for those institutions for the issuance of bonds and exercise with respect to those loan or security agreements all of the powers delineated in this article for the issuance of bonds; [PL 2011, c. 136, §3 (NEW).] F-6. (REALLOCATED FROM T. 36, §13083-C, sub-§1, ¶F-4) Enter into a memorandum of understanding with a municipality to perform the function of a local development corporation under section 13120‑B, subsection 9 ; [RR 2011, c. 1, §7 (RAL).] G. Adopt rules pursuant to the Maine Administrative Procedure Act. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A ; and [PL 2001, c. 568, §1 (NEW).] H. Take all other lawful action necessary and incidental to the powers under this subsection. [PL 2001, c. 568, §1 (NEW).] [RR 2011, c. 1, §7 (COR); PL 2011, c. 136, §§2, 3 (AMD); PL 2011, c. 148, §1 (AMD).]

2. Membership; appointment. The authority is governed by a board of trustees composed of 13 voting members appointed or designated by the Governor. A. The Governor shall make 12 appointments to the board of trustees, 9 of whom must be selected from candidates who are residents of Washington County and are nominated by private, nonprofit, countywide, federally recognized Washington County-based economic development organizations other than the authority. Primary impact communities also may make nominations. The Governor shall appoint members who reflect the diversity of interests represented by these communities. The Governor shall ensure that all regions of the county, as defined by the 3 county commissioner districts, are equally represented on the board of trustees. A municipality may not have more than 2 trustees sitting on the board of trustees. [PL 2005, c. 367, §4 (AMD).] B. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees. The ex officio member designated pursuant to this paragraph may name a designee. [PL 2005, c. 367, §4 (AMD).] The members appointed pursuant to paragraph A are subject to review by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and to confirmation by the Senate. [PL 2005, c. 367, §4 (AMD).]

3. Terms. Trustees are appointed for 4-year terms. The commissioner designated pursuant to subsection 2, paragraph B , or that commissioner's designee, serves at the pleasure of the Governor. Trustees may be removed by the Governor. The board of trustees by majority vote may recommend trustee removal due to poor attendance at board meetings. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of that term. A person may not serve more than 2 consecutive 4-year terms as a trustee. [PL 2005, c. 367, §5 (AMD).]

4. Quorum. A majority of appointed and sworn trustees constitutes a quorum. A majority vote of those present and voting is required for the board of trustees to take action. [PL 2005, c. 367, §5 (AMD).]

5. Liability. The liability of the authority is governed by the Maine Tort Claims Act, Title 14, chapter 741 . Trustees are not subject to any personal liability for having acted in the service of their duty as board members of the authority. [PL 2001, c. 568, §1 (NEW).]

6. Expenses. A trustee is not entitled to receive compensation for services to the authority but is entitled to receive reimbursement for necessary expenditures, including travel expenses, incurred in carrying out those services if the authority has available funds to reimburse such expenses. [PL 2001, c. 568, §1 (NEW).]

7. Officers; temporary agents. The trustees shall elect a chair and vice-chair from among the trustees. The authority may employ an executive director, technical experts and other agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. For required legal services, the authority may retain its own legal counsel. [PL 2005, c. 367, §5 (AMD).]
5 M.R.S. § 1522 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1522
5 §1522. Reserve for retirement costs
Status: in_force

1. Reserve for retirement benefits established. The State Controller shall, at the close of the fiscal years ending June 30, 2012, June 30, 2013 and June 30, 2014, as the next priority after the transfers authorized pursuant to section 1507 and section 1511 , and after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made, transfer from the available balance in the unappropriated surplus of the General Fund up to $15,000,000 for the fiscal year ending June 30, 2012, up to $4,100,000 for the fiscal year ending June 30, 2013 and up to an amount certified by the Chief Executive Officer of the Maine Public Employees Retirement System to the State Controller as the estimated amount needed to fully fund the total cost of the benefit calculated for fiscal year 2014-15 pursuant to Public Law 2011, chapter 380, Part T, section 22 for the fiscal year ending June 30, 2014 to a reserve account within the General Fund established for the purpose of providing the resources to fund retirement payments for retired state employees and teachers. [PL 2013, c. 1, Pt. E, §1 (AMD); PL 2021, c. 548, §45 (REV).]

2. Transfer of unused balance in reserve account. At the close of the fiscal year ending June 30, 2015, the State Controller shall transfer any balance remaining in the reserve account under subsection 1 to the Maine Budget Stabilization Fund established by section 1532 . [PL 2011, c. 380, Pt. X, §1 (NEW).]
5 M.R.S. § 1825-J — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-J
5 §1825-J. Reports
Status: in_force

When a state agency enters into a contract or grant with a nongovernmental entity, and the contract or grant includes a report to the agency, the contract or grant must require that the report be in writing or in another reproducible nontransitory medium and be submitted to the agency. The report must express all of the substantive conclusions disclosed to the agency and either summarize the information and data or identify the source of the information and data on which those conclusions are based. Once the report is submitted, the agency shall retain at least one copy of the report in its custody. This section applies to contracts and grants with a total cost of $10,000 or more. [PL 2015, c. 179, §9 (AMD).]
5 M.R.S. § 12004-H — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-H
5 §12004-H. Commodity or product protection and promotion boards
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

The primary responsibility for commodity or product protection and promotion boards is to protect natural resources and agricultural products produced in the State and promote the sales of these goods in the State and outside the State. [PL 1987, c. 786, §5 (NEW).]

The primary powers of these organizations may include the assessment and collection of industry taxes, quality control inspections, establishment of grades and classifications, advertising, the holding of hearings and the adoption of rules. [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. Agriculture Promotion Committee [PL 1995, c. 233, Pt. A, §1 (RP).]

2. Commodity Marketing Committee [PL 1999, c. 668, §27 (RP).]

3. Maine Dairy Promotion Board [PL 1995, c. 693, §1 (RP).]

4. Maine Dairy and Nutrition Council [PL 1995, c. 693, §1 (RP).]

5. Seed Potato Board Expenses Only 7 MRSA §2151 [PL 1987, c. 786, §5 (NEW).]

6. Maine Potato Quality Control Board [PL 2005, c. 294, §5 (RP).]

7. Maine Potato Board [PL 1995, c. 502, Pt. C, §2 (RP).]

8. Maine Sardine Council [PL 1993, c. 585, §2 (RP).]

9. Maine Potato Marketing Committee [PL 1999, c. 668, §28 (RP).]

10. Potato Marketing Improvement Committee [PL 2005, c. 335, §1 (RP).]

10-A. Potato Marketing Improvement Fund Committee [PL 2021, c. 560, §2 (RP).]

11. Maine Marketing Advisory Board [PL 1999, c. 668, §29 (RP).]

12. University of Maine System Blueberry Advisory Committee Expenses Only 36 MRSA §4312 [PL 1987, c. 786, §5 (NEW).]

13. Maine Blueberry Commission [PL 1997, c. 511, §1 (RP).]

13-A. Wild Blueberry Commission of Maine Expenses Only 36 MRSA §4312‑C [PL 1997, c. 511, §2 (NEW).]

14. Maine Lobster Marketing Collaborative [PL 2017, c. 368, §1 (AMD); MRSA T. 5 §12004-H, sub-§14 (RP).]

14-A. (TEXT EFFECTIVE UNTIL 12/31/26) (TEXT REPEALED 12/31/26) Maine Lobster Marketing Collaborative $55 Per Diem Plus Expenses 12 MRSA §6455‑A This subsection is repealed December 31, 2026. [PL 2021, c. 491, §1 (NEW); PL 2021, c. 491, §7 (AFF).]
5 M.R.S. § 17710-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17710-A
5 §17710-A. Marine resources officers; members hired after July 1, 1992
Status: in_force

Notwithstanding section 17710 , a law enforcement officer in the Department of Marine Resources hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution required under section 17710 . [PL 2007, c. 491, §124 (AMD).]
5 M.R.S. § 17432 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17432
5 §17432. Establishment
Status: in_force

1. Investment trust fund established. The Retiree Health Insurance Post-employment Benefits Investment Trust Fund is established as an irrevocable trust for the sole purpose of holding and investing funds appropriated or otherwise provided to the investment trust fund for the benefit of the Irrevocable Trust Fund for Other Post-employment Benefits established in section 286-B with respect to the State's liabilities for retiree health benefits. The purpose of accumulating assets in this investment trust fund is to provide funding of the State's unfunded liability obligations for retiree health benefits. The Legislature has no authority or power to divert any of the assets of the investment trust fund to use for any other purpose. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

2. Date of establishment. The date of establishment of the investment trust fund is July 1, 2007. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

3. Trustees. The trustees of the investment trust fund are the members of the Board of Trustees of the Maine Public Employees Retirement System. [PL 2007, c. 58, §3 (REV); PL 2007, c. 240, Pt. RRR, §2 (NEW).]
5 M.R.S. § 17715 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17715
5 §17715. State fire marshals
Status: in_force

A state fire marshal, state fire marshal investigator or a state fire marshal inspector who elects the retirement option provided in section 17851, subsection 13 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 13 . [PL 2007, c. 491, §134 (AMD).]
5 M.R.S. § 13033-A — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13033-A
5 §13033-A. Terms of membership
Status: in_force

Beginning January 1, 2009, the 3 public members appointed to the commission pursuant to section 13033 are appointed for staggered terms of 3 years. The commissioner shall appoint public members to vacancies on the commission as they occur or upon expiration of terms. Any vacancy must be filled for the unexpired portion of the term in which the vacancy occurs. [PL 2007, c. 585, §2 (NEW).]
5 M.R.S. § 4581-A — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4581-A
5 §4581-A. Unlawful housing discrimination
Status: in_force

It is unlawful housing discrimination, in violation of this Act: [PL 2011, c. 613, §11 (NEW); PL 2011, c. 613, §29 (AFF).]

1. Sale or rental of housing and other prohibited practices. For any owner, lessee, sublessee, managing agent or other person having the right to sell or rent or manage a housing accommodation, or any agent of these, to: A. Make or cause to be made any written or oral inquiry concerning the race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19‑A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation of any prospective purchaser, occupant or tenant of the housing accommodation; [PL 2025, c. 269, §3 (AMD).] B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any person the housing accommodation because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the person sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation; [PL 2025, c. 269, §3 (AMD).] C. Make, print or publish or cause to be made, printed or published any notice, statement or advertisement relating to the sale, rental or lease of the housing accommodation that indicates any preference, limitation or discrimination based upon race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation or an intention to make any such preference, limitation or discrimination; [PL 2025, c. 269, §3 (AMD).] D. Discriminate against any person because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the person sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation in the price, terms, conditions or privileges of the sale, rental or lease of any housing accommodations or in the furnishing of facilities or services in connection with any housing accommodations; or [PL 2025, c. 269, §3 (AMD).] E. Evict or attempt to evict any tenant of any housing accommodation because of the race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status of the tenant or because the tenant sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation; [PL 2025, c. 269, §3 (AMD).] [PL 2025, c. 269, §3 (AMD).]

2. Selling, brokering or appraising of housing. For any real estate broker or real estate salesperson, or any agent of these, to: A. Fail or refuse to show any person a housing accommodation listed for sale, lease or rent because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the person sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation; [PL 2025, c. 269, §4 (AMD).] B. Misrepresent, for the purpose of discriminating because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation, the availability or asking price of a housing accommodation listed for sale, lease or rent or for such reason to fail to communicate to the person having the right to sell, rent or lease the housing accommodation any offer for the same made by any applicant; [PL 2025, c. 269, §4 (AMD).] C. In any other manner to discriminate against any applicant for a housing accommodation because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the applicant sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation; [PL 2025, c. 269, §4 (AMD).] D. Make or cause to be made any written or oral inquiry or record concerning the race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation of any applicant for or intended occupant of a housing accommodation; or [PL 2025, c. 269, §4 (AMD).] E. Accept for listing any housing accommodation when the person having the right to sell, rent or lease the housing accommodation has directly or indirectly indicated an intention of discriminating among prospective tenants or purchasers on the ground of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation, or when the broker or salesperson knows or has reason to know that the person having the right to sell, rent or lease the housing accommodation has made a practice of discrimination since July 1, 1972; [PL 2025, c. 269, §4 (AMD).] [PL 2025, c. 269, §4 (AMD).]

3. Making of loans; other financial assistance. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured, or agent of the person, to: A. Make or cause to be made any oral or written inquiry concerning the race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19‑A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation of any applicant for financial assistance or of existing or prospective occupants or tenants of housing accommodations; or [PL 2025, c. 269, §5 (AMD).] B. Discriminate in the granting of financial assistance, or in the terms, conditions or privileges relating to obtaining or the use of any financial assistance, against any applicant because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status or any previous actions seeking and receiving an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation; or [PL 2025, c. 269, §5 (AMD).] [PL 2025, c. 269, §5 (AMD).]

4. Receipt of public assistance. For any person furnishing rental premises or public accommodations to refuse to rent or impose different terms of tenancy to any individual who is a recipient of federal, state or local public assistance, including medical assistance and housing subsidies, primarily because of the individual's status as recipient. [PL 2011, c. 613, §11 (NEW); PL 2011, c. 613, §29 (AFF).]
5 M.R.S. § 18531 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18531
5 §18531. Statement of compensation
Status: in_force

1. Requirement. The chief executive officer shall require each person who is the recipient of a disability retirement benefit to submit, each calendar year, a statement of compensation received from any gainful occupation during that year. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]

2. Failure to submit statement. Failure to submit the statement under subsection 1 shall result in the following: A. If the person 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 disability retirement benefit shall be withheld until the statement is submitted; or [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).] B. If the person 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 rights to further benefits shall cease. (1) The chief executive officer shall notify the person in writing of the decision to discontinue the disability retirement benefit. (2) The decision shall be subject to appeal under section 17451 . (3) If the person appeals the chief executive officer's decision, the disability retirement allowance shall not be discontinued until all appeals have been exhausted. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1769 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1769
5 §1769. Outdoor lighting
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Direct light" means light emitted directly from a lamp off a reflector or through a refractor of a luminaire. [PL 1991, c. 481, §1 (NEW).] B. "Fixture" means the assembly that holds the lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and a refractor or lens. [PL 1991, c. 481, §1 (NEW).] C. "Footcandle" means an illuminance equal to one lumen per square foot. [PL 1991, c. 481, §1 (NEW).] D. "Full cutoff luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part. [PL 1991, c. 481, §1 (NEW).] E. "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness. [PL 1991, c. 481, §1 (NEW).] F. "Illuminance" means the level of light measured at a surface. [PL 1991, c. 481, §1 (NEW).] G. "Lamp" means the component of a luminaire that produces the light. [PL 1991, c. 481, §1 (NEW).] H. "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. [PL 1991, c. 481, §1 (NEW).] I. "Lumen" means a unit of measurement of luminous flux. [PL 1991, c. 481, §1 (NEW).] J. "Luminaire" means the complete lighting system, including the lamp and the fixture. [PL 1991, c. 481, §1 (NEW).] K. "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and that is intended to be used for 7 days or longer. [PL 1991, c. 481, §1 (NEW).] L. "State funds" means any bond revenues or any money appropriated or allocated by the Legislature. [PL 1991, c. 481, §1 (NEW).] [PL 1991, c. 481, §1 (NEW).]

2. Permanent outdoor luminaires. A person may not use any state funds to install or replace any permanent outdoor luminaire unless: A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens; [PL 1991, c. 481, §1 (NEW).] B. The luminaire's maximum illuminance does not exceed the minimum illuminance recommended for that purpose by the Illuminating Engineering Society of America or the federal Department of Transportation; and [PL 1991, c. 481, §1 (NEW).] C. The Director of the Bureau of General Services ensures that consideration is given to minimizing glare and light trespass. [PL 2011, c. 691, Pt. B, §18 (AMD).] [PL 2011, c. 691, Pt. B, §18 (AMD).]

3. Exceptions. Exceptions from the provisions of this section are permitted only when: A. Federal laws, rules and regulations take precedence over these provisions; or [PL 1991, c. 481, §1 (NEW).] B. The Director of the Bureau of General Services determines that there is a compelling safety interest that can not be addressed by any other method. [PL 2011, c. 691, Pt. B, §19 (AMD).] [PL 2011, c. 691, Pt. B, §19 (AMD).]
5 M.R.S. § 172 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 172
5 §172. Maine Retirement Savings Board
Status: in_force

The Maine Retirement Savings Board is established as a body corporate and politic and a public instrumentality of the State pursuant to section 12004‑G, subsection 33‑G to develop and maintain the Maine Retirement Savings Program for individuals employed or self-employed for wages or other compensation in this State. [PL 2023, c. 167, §1 (AMD).]

1. Appointments. The board consists of 9 voting members as follows: A. The Treasurer of State, or the Treasurer of State's designee; and [PL 2021, c. 356, §1 (NEW).] B. Eight members appointed by the Governor: (1) A member who has skill, knowledge and experience relating to the interests of employees in achieving financial security and developing financial capability, including through retirement saving; (2) A member who is a representative of an association representing employees, including covered employees, or who has skill, knowledge and experience relating to the interests of employees in retirement saving; (3) A member who is a representative of employers, including covered employers, or who has skill, knowledge and experience relating to the interests of small employers in retirement saving; (4) A member of the public who is retired and is a representative of the interests of retirees and employees; (5) A member who has skill, knowledge and experience in the field of retirement saving, retirement plans and retirement investment; (6) A member who has expertise and experience in stakeholder outreach and engagement and marketing; (7) A member who has expertise and experience in developing or maintaining online platforms and systems; and (8) A member who has expertise and experience in program development and management. [PL 2021, c. 356, §1 (NEW).] [PL 2021, c. 356, §1 (NEW).]

2. Confirmation of members. The 8 members of the board appointed by the Governor are subject to approval by the joint standing committee of the Legislature having jurisdiction over financial services matters and confirmation by the Senate. [PL 2021, c. 356, §1 (NEW).]

3. Terms; vacancy. The term of office of each member of the board appointed by the Governor is 4 years. A member is eligible for reappointment. If there is a vacancy for any cause for a member appointed by the Governor, the Governor shall make an appointment to become immediately effective for the unexpired term. [PL 2021, c. 356, §1 (NEW).]

4. Chair. The members of the board shall elect one of its members annually to serve as the chair of the board. [PL 2021, c. 356, §1 (NEW).]

5. Quorum. A majority of the voting members of the board constitutes a quorum for the transaction of business. [PL 2021, c. 356, §1 (NEW).]

6. Compensation. A member of the board, except for the Treasurer of State and any designee of the Treasurer of State, must be compensated according to the provisions of section 12004‑G, subsection 33‑G . [PL 2021, c. 356, §1 (NEW).]

7. Staffing. Except as otherwise provided, the Office of the Treasurer of State shall provide staff support to the board. The board shall reimburse the Office of the Treasurer of State for the full cost of any staff time provided to the board. [PL 2021, c. 356, §1 (NEW).]

8. Meetings. The board shall meet at such times as established by policy of the board, but at least quarterly, beginning no later than May 2022 and may also meet at other times at the call of the chair. All meetings of the board are public proceedings within the meaning of Title 1, chapter 13, subchapter 1 . [PL 2023, c. 167, §2 (AMD).]
5 M.R.S. § 20072 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20072
5 §20072. Driver Education and Evaluation Programs
Status: in_force

The Driver Education and Evaluation Programs are established in the department. The Driver Education and Evaluation Programs shall administer the alcohol and other drug education, evaluation and treatment programs as provided in this chapter. The department shall certify to the Secretary of State: [PL 2011, c. 657, Pt. AA, §47 (AMD).]

1. Completion of Driver Education and Evaluation Programs. Those individuals who have satisfactorily completed a program pursuant to section 20073‑B ; and [PL 1999, c. 448, §4 (AMD).]

2. Completion of treatment other than Driver Education and Evaluation Programs. Those individuals who have satisfied the requirement for completion of treatment as defined in section 20071 by means other than a program pursuant to section 20073‑B . [PL 1999, c. 448, §4 (AMD).]
5 M.R.S. § 13090-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-B
5 §13090-B. Economic Opportunity Program
Status: in_force

The Economic Opportunity Program, referred in this section as the "program," is established to provide grants to municipalities for public and private investments to stimulate economic growth. [PL 1991, c. 780, Pt. N, §1 (NEW).]

1. Eligibility for loans. Municipalities may apply to the department for grants under the program. Municipalities shall loan money from those grants to business entities based on the following eligibility criteria. A. The projects to be financed must: (1) Pertain to manufacturing, industrial, real estate development, child care, recreational or natural resource enterprises; (2) Be located or establishing a presence in the State; and (3) Provide significant public benefit in relation to the amount of the loan, as determined by the department. Public benefits include, but are not limited to: increased opportunities for employment; increased capital flows, particularly of capital from outside the State; increased state and municipal tax revenues; rehabilitation of blighted or underutilized areas; and provision of necessary services. Loan proceeds may be used for any appropriate commercial purpose, as determined by the department, including working capital. [PL 1999, c. 272, §2 (AMD).] B. The department must determine that the borrower is a for-profit or nonprofit commercial entity and that it is creditworthy and reasonably likely to repay the loan. [PL 1991, c. 780, Pt. N, §1 (NEW).] C. The department must determine that the loan is necessary to implement the project because the borrower either has insufficient access to other funds or demonstrates, and the department determines, that the project would not provide the projected public benefits without the availability of the loan. [PL 1991, c. 780, Pt. N, §1 (NEW).] D. The department must determine that the project would not result in a substantial detriment to existing business in the State. In making this determination, the department shall consider factors it considers necessary to measure and evaluate the effect of the project on existing business, including: (1) Whether a loan for a project should be approved if, as a result of the project, there would not be sufficient demand within the market area of the State served by the project to employ the efficient capacity of existing business; and (2) Whether any adverse economic effect of the project on existing business or other municipalities is outweighed by the contribution that the project would make to the economic growth and vitality of the State. The applicant for the loan has the burden of demonstrating a reasonable likelihood that the project would not result in a substantial detriment to existing business or other municipalities, except in cases in which no interested parties object to the project, in which event the requirements of this paragraph are satisfied. Interested parties must be given an opportunity, with or without a hearing at the discretion of the department, to present their objections to the project on grounds that the project would result in a substantial detriment to existing business or other municipalities. If such a party presents these objections with reasonable specificity and persuasiveness, the department may divulge whatever information concerning the project it considers necessary for a fair presentation by the objecting party and evaluation of such objections. If the department finds that the applicant has failed to meet its burden of proof as specified in this paragraph, the application must be denied. [PL 1991, c. 780, Pt. N, §1 (NEW).] [PL 1999, c. 272, §2 (AMD).]

2. Loan terms and conditions. The department may establish prudent terms and conditions for loans, including limiting the amount of loans for any one project and requiring adequate collateral for the loans. Loan terms may not exceed 20 years for loans primarily secured by real estate, 10 years for loans secured primarily for machinery and equipment and 7 years for other loans. The interest rate charged on each loan must be determined on a case-by-case basis. [PL 1991, c. 780, Pt. N, §1 (NEW).]

3. Rulemaking. The department shall establish rules to implement the program. [PL 1991, c. 780, Pt. N, §1 (NEW).]

4. Local and regional organizations. [PL 1995, c. 40, §1 (NEW); MRSA T. 5 §13090-B, sub-§4 (RP).]

5. Nonprofit organizations. [PL 1997, c. 590, §1 (NEW); MRSA T. 5 §13090-B, sub-§5 (RP).]
5 M.R.S. § 2030-B — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2030-B
5 §2030-B. Contracts void
Status: in_force

The following contracts entered into by a state agency on or after the effective date of this chapter are void: [PL 2023, c. 681, §1 (NEW).]

1. Foreign adversary business entity. A contract with a foreign adversary business entity; [PL 2023, c. 681, §1 (NEW).]

2. Prohibited company. 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 that was not granted a waiver under section 2028 ; and [PL 2023, c. 681, §1 (NEW).]

3. Prohibited information or communications technology or services. A contract to purchase information or communications technology or services included on the list of prohibited information or communications technology or services established and maintained by the Chief Information Officer pursuant to section 2022, subsection 2 that was not granted a waiver under section 2028 . [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 1667-A — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1667-A
5 §1667-A. Access to budget management system data
Status: in_force

Notwithstanding any other provision of law, the State Budget Officer shall provide the Office of Fiscal and Program Review with electronic access, including report-writing capabilities, to those aspects of the budget management system presently referred to as the "budget analyst tool," except for those specific aspects of the system involved in budget recommendations that have been made or are being considered by the Governor or Governor-elect but have not yet been transmitted to the Legislature. For purposes of this section, "budget management system" and "budget analyst tool" include information used by the Bureau of the Budget to develop, analyze and review budgeted and actual revenue and expenditure information. [PL 1995, c. 41, §1 (NEW).]

Notwithstanding any other provision of law, the Legislative Council shall provide the Bureau of the Budget, upon the bureau's request, with enacted budget bills in a data processing form that permits the electronic conversion of data to the budget management system. [PL 1995, c. 41, §1 (NEW).]
5 M.R.S. § 12022 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12022
5 §12022. Financial policies and procedures
Status: in_force

A governing body of an entity: [PL 2011, c. 616, Pt. A, §1 (NEW).]

1. Consistency with authorizing law. Shall ensure that all activities and expenditures of the entity are limited to those necessary to accomplish the entity's mission and to carry out the entity's duties consistent with the entity's authorizing law; [PL 2011, c. 616, Pt. A, §1 (NEW).]

2. Compliance with financial policies and procedures. Shall ensure that the governing body, management and staff of the entity comply with financial policies and procedures established by the governing body; [PL 2011, c. 616, Pt. A, §1 (NEW).]

3. Selection of vendors. Shall adopt by December 31, 2012 and implement by July 1, 2013 written policies and procedures governing the selection of vendors designed to ensure that the entity secures the best value in its procurements. To the extent possible, consistent with the entity's authorizing law, the policies and procedures must: A. Establish competitive procurement as the standard procurement method; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. Specify the conditions under which competitive procurement may be waived; and [PL 2011, c. 616, Pt. A, §1 (NEW).] C. For procurements exceeding $10,000 that were not competitively procured, require that written justification for and evidence of approvals are maintained on file for 5 years; [PL 2011, c. 616, Pt. A, §1 (NEW).] [PL 2011, c. 616, Pt. A, §1 (NEW).]

4. Contributions. Shall adopt by December 31, 2012 and implement by July 1, 2013 written policies and procedures governing the use of the entity's resources for contributions. To the extent possible, consistent with the entity's authorizing law, the policies and procedures must: A. Establish criteria to ensure that contributions are directly related to the entity's mission and activities; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. Require that for identification and reporting purposes contributions are budgeted and accounted for separately from other expenditures in the entity's records; [PL 2011, c. 616, Pt. A, §1 (NEW).] C. Establish requirements for maintaining documentation to support each contribution; and [PL 2011, c. 616, Pt. A, §1 (NEW).] D. Require that the governing body must approve the annual budget for contributions and be provided periodic reports on contributions made by the entity; [PL 2011, c. 616, Pt. A, §1 (NEW).] [PL 2011, c. 616, Pt. A, §1 (NEW).]

5. Travel, meals and entertainment. Shall adopt by December 31, 2012 and implement by July 1, 2013 written policies and procedures governing the use of the entity's resources to pay costs of travel, meals and entertainment. To the extent possible, consistent with the entity's authorizing law, the policies and procedures must: A. Limit travel, meal and entertainment costs to those reasonable and necessary for accomplishing the entity's mission and activities; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. Describe the persons for whom the entity will pay travel, meal and entertainment costs and specify the conditions under which those costs will be paid and whether directly or through reimbursement; [PL 2011, c. 616, Pt. A, §1 (NEW).] C. Establish the requirements for supporting documentation and approval of travel, meal and entertainment costs paid directly or through reimbursement; [PL 2011, c. 616, Pt. A, §1 (NEW).] D. Require for identification and reporting purposes that travel, meal and entertainment costs are budgeted and accounted for separately from other expenditures in the entity's records; and [PL 2011, c. 616, Pt. A, §1 (NEW).] E. Require that the governing body must approve the annual budget for travel, meal and entertainment costs and be provided periodic reports on actual costs paid directly or reimbursed; and [PL 2011, c. 616, Pt. A, §1 (NEW).] [PL 2011, c. 616, Pt. A, §1 (NEW).]

6. Lobbyists. May not retain any person, other than entity staff, that is required to register as a lobbyist as defined in Title 3, section 312‑A, subsection 10 . [PL 2011, c. 616, Pt. A, §1 (NEW).]
5 M.R.S. § 18056 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18056
5 §18056. Coverage
Status: in_force

1. Basic insurance. Life insurance and accidental death and dismemberment insurance, referred to as "basic insurance," must be available to all eligible participants. A. Except as provided in paragraph A‑1 , the amount of life insurance to be paid upon death is equal to the participant's annual base compensation rounded up to the next $1,000. (1) A participant insured under a basic insurance policy is automatically covered for any change in the maximum due to a change in annual base compensation. (2) The date of change in coverage under subparagraph (1) is the first day of the month of April following the effective date of the change in annual base compensation. [PL 2009, c. 213, Pt. LL, §2 (AMD).] A-1. For a Legislator, the amount of life insurance to be paid upon death is equal to the participant’s average annual legislative salary over the 2-year term of office rounded up to the next $1,000. For the purposes of this section, "Legislator" includes the representatives of the Penobscot Nation and the Passamaquoddy Tribe at the Legislature. [PL 2009, c. 213, Pt. LL, §2 (NEW).] B. The accidental death and dismemberment insurance must provide payments as follows. (1) Losses and amounts payable are determined according to the following table. LOSS AMOUNT PAYABLE Loss of life by Accident An additional amount equal to that provided under this subsection Loss of one hand or foot or sight of one eye One-half the amount provided under this subsection Loss of 2 or more limbs or loss of both eyes or loss of one limb and loss of sight of one eye The amount provided under this subsection (2) For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed the amount provided under this subsection. [PL 2009, c. 213, Pt. LL, §2 (AMD).] [PL 2009, c. 213, Pt. LL, §2 (AMD).]

2. Supplemental insurance. Additional insurance coverage of equal amounts to those described in subsection 1 , to be known as "supplemental insurance," shall be available to each participant purchasing insurance under subsection 1 . [PL 1985, c. 801, §§5, 7 (NEW).]

3. Dependent insurance. Each participant may elect to insure the life of a dependent not insured in the group covered under subsections 1 and 2 . A. A participant may elect either Plan A or Plan B, but not both. Plan A Plan B Spouse $5,000 $10,000 Full-time unmarried students to age 22 $5,000 $5,000 Children, 6 months to age 19 $5,000 $5,000 Children, 0 to 6 months $1,000 $2,500 [PL 1985, c. 801, §§5, 7 (NEW).] B. Insurance purchased under this subsection is subject to the limitations of Title 24‑A, section 2611‑A . [PL 1985, c. 801, §§5, 7 (NEW).] C. The number of dependents may not affect the premium rate for insurance purchased under this subsection. [PL 1993, c. 387, Pt. A, §15 (AMD).] D. Any participant who is a participant through employment with 2 or more employers may not insure that participant's dependents more than once. [PL 1991, c. 480, §4 (NEW).] [PL 1993, c. 387, Pt. A, §15 (AFF).]
5 M.R.S. § 1766-A — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1766-A
5 §1766-A. Electricity purchases for state buildings
Status: in_force

No later than January 1, 2010, all electricity consumed in state-owned buildings must be supplied by renewable resources. For purposes of this section, "renewable resource" has the same meaning as in Title 35‑A, section 3210, subsection 2, paragraph C . In purchasing electricity for state-owned buildings, the State may give preference to electricity generated by community-based renewable energy projects, as defined in Title 35‑A, section 3602, subsection 1 and electricity generated by combined heat and power projects, as defined in Title 35‑A, section 3622, subsection 1 . [PL 2021, c. 604, §1 (AMD).]
5 M.R.S. § 18406 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18406
5 §18406. Liability for payment of benefits
Status: in_force

1. Retirement system. The retirement system's liability for payment of benefits is governed as follows. A. The retirement system is not liable for the payment of any benefits to employees or retirees of any participating local district for which reserves have not been previously created from funds contributed by the participating local district or its employees for those benefits. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. The retirement system is liable for payment of survivor benefits to beneficiaries of a participating local district member if the participating local district has elected survivor benefits. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Participating local districts. If, when the contributions of a participating local district are computed for any fiscal year in accordance with sections 18302 and 18303 , any of the reserve funds of the participating local district are less than the liabilities of the reserve fund, then the amount of the contributions to be paid shall be increased either: A. By the amount the liabilities exceed the reserve funds; or [PL 1985, c. 801, §§ 5, 7 (NEW).] B. At the option of the participating local district, by the total amount of benefits payable during the fiscal year from the reserve funds that have a deficit. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17701-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17701-A
5 §17701-A. Member contributions; members hired after July 1, 1992
Status: in_force

Notwithstanding section 17701 , a member hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 7.5% of earnable compensation, except as otherwise provided in this Part. [PL 2007, c. 491, §103 (AMD).]
5 M.R.S. § 12002-C — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12002-C
5 §12002-C. Per diem and expense vouchers
Status: in_force

In order to receive per diem compensation or reimbursement for expenses as authorized by this chapter, a member of a board that is required to submit expense vouchers to the Department of Administrative and Financial Services for reimbursement must complete and sign an expense voucher form to the satisfaction of the Commissioner of Administrative and Financial Services. Every board member shall certify in writing on the voucher form whether the per diem or expenses incurred for each item is an official meeting or hearing activity required by statute that has been called by the chair of the board or by a person authorized by statute to call the meeting or hearing. In the event that the requested per diem or expense reimbursement is not the result of an official meeting or hearing of the board, the board member shall explain on the voucher the reason for the claim. The Commissioner of Administrative and Financial Services may disapprove those expenses or portion of expenses that do not comply with this chapter. [PL 1991, c. 780, Pt. Y, §101 (AMD).]
5 M.R.S. § 4658 — ME Code / Title 5 / Part 12 / Chapter 337-A / Section 4658
5 §4658. Procedure
Status: in_force

1. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings shall be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as provided by the Maine Rules of Civil Procedure and may be only for error of law or abuse of discretion. [PL 1987, c. 515, §1 (NEW).]

2. Proceedings independent. A proceeding under this chapter shall be in addition to any other available civil or criminal remedies. [PL 1987, c. 515, §1 (NEW).]

3. Self-defense. The right to relief, under this chapter, shall not be affected by the plaintiff's use of reasonable force in response to harassment by the defendant. [PL 1987, c. 708, §6 (AMD).]

4. Intoxication. Voluntary intoxication shall not be a defense to an action under this chapter. [PL 1987, c. 515, §1 (NEW).]

5. Referee. The court may not mandate appointment of referees in actions brought under this chapter. If an action under this chapter is joined with another proceeding, this subsection does not prohibit the court from mandating appointment of a referee on any issue, other than harassment, that is part of the other proceeding. [PL 2001, c. 243, §1 (NEW).]
5 M.R.S. § 1752 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1752
5 §1752. Centrally leased space and food vending
Status: in_force

The Bureau of General Services may establish a dedicated revenue account for the management of space leased by the bureau for state offices and facilities. Charges levied to state agencies for centrally leased space must be deposited to the dedicated revenue account. A dedicated revenue account may be established for operations related to food vending services. [PL 2011, c. 691, Pt. B, §14 (AMD).]
5 M.R.S. § 13083-S-1 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-S-1
5 §13083-S-1. Brunswick Naval Air Station Job Increment Financing Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated business" means one of 2 businesses exhibiting either of the following relationships: (1) One business owns 50% or more of the stock of the other business or owns a controlling interest in the other; or (2) Fifty percent of the stock of each business or a controlling interest in each business is directly or indirectly owned by a common owner or owners. [PL 2009, c. 641, §9 (NEW).] B. "Assessor" means the State Tax Assessor. [PL 2009, c. 641, §9 (NEW).] C. "Base level of employment" means either the total employment of an employer as of the March 31st, June 30th, September 30th and December 31st of the calendar year immediately preceding the date the employer begins operations at the base area divided by 4 or its average employment during the base period, whichever is greater. [PL 2009, c. 641, §9 (NEW).] D. "Base period" means the 3 calendar years prior to the year in which an employer begins operations at the base area. [PL 2009, c. 641, §9 (NEW).] D-1. "Benefit base" has the same meaning as in Title 36, section 6753, subsection 5‑B . [PL 2023, c. 613, Pt. C, §1 (NEW).] E. "College" means Southern Maine Community College in the Maine Community College System. [PL 2009, c. 641, §9 (NEW).] F. "Commissioner" means the Commissioner of Economic and Community Development. [PL 2009, c. 641, §9 (NEW).] G. "Fund" means the Brunswick Naval Air Station Job Increment Financing Fund established pursuant to subsection 2 . [PL 2009, c. 641, §9 (NEW).] H. "Job tax increment" means that level of state income tax withholding attributed to any employees employed within the base area above the base level of employment for an employer in the base area or its average employment during the base period. "Job tax increment" does not include withholding from employees or positions shifted by an employer as calculated generally pursuant to Title 36, chapter 917 . The shifting restriction must apply to all employers in the base area. [PL 2009, c. 641, §9 (NEW).] [PL 2023, c. 613, Pt. C, §1 (AMD).]

2. Fund established. The Brunswick Naval Air Station Job Increment Financing Fund is established to receive job tax increment transfers from job creation in the base area. The fund must receive annually from the State the amount calculated under subsection 5 . [PL 2009, c. 641, §9 (NEW).]

3. Limitations. The fund is subject to the following limitations. A. Subject to the provisions of paragraph E , payments from the fund allocated to the authority must be used solely to fund the costs of municipal services, including, but not limited to, water, sewer, electricity, telecommunications, fire protection, police protection, sanitation services and the maintenance of buildings, facilities, grounds and roads in the base area. [PL 2009, c. 641, §9 (NEW).] B. Subject to the provisions of paragraph E , payments allocated to the college must be used solely to fund the costs of higher education services, including, but not limited to, faculty and staff salaries and instruction, operations, equipment, maintenance and financing costs, including, but not limited to, closing costs, issuance costs and interest paid to holders of evidences of indebtedness issued to pay for project costs and any premium paid over the principal amount of that indebtedness because of the redemption of the obligations before maturity. [PL 2009, c. 641, §9 (NEW).] C. To the extent that revenues received by the fund are not expended for current costs under paragraphs A and B , the fund must retain the revenues to defray future costs under those paragraphs. [PL 2009, c. 641, §9 (NEW).] D. State income tax withholding attributable to any qualified employee whose wages are included in computing the benefit base eligible for reimbursement to a Maine Employment Tax Increment Financing Program qualified business pursuant to Title 36, chapter 917 is not eligible for use in the calculation of a payment to the fund under subsection 5 . State income tax withholding under any tax credit or reimbursement program based on state income tax withholding is not eligible for use in calculation of a payment to the fund under subsection 5 . [PL 2023, c. 613, Pt. C, §2 (AMD).] E. Payments made to the fund must be allocated as follows: (1) For payments transferred to the fund in 2011 and 2012, 100% must be allocated to the college; (2) For payments made to the fund in 2013, 75% must be allocated to the college and 25% must be allocated to the authority; and (3) For payments made to the fund in 2014 and after, 50% must be allocated to the college and 50% must be allocated to the authority. [PL 2009, c. 641, §9 (NEW).] F. Payments to the fund are not allowed for calendar years beginning on or after January 1, 2035. If at least 8,000 net new jobs are created in the base area prior to 2035, the services funded under paragraphs A and B must be reviewed by the joint standing committee of the Legislature having jurisdiction over economic development matters in order to determine whether continuance of the fund is necessary. [PL 2025, c. 299, §1 (AMD).] [PL 2025, c. 299, §1 (AMD).]

4. Certification by authority. By February 15th of each year, beginning in 2011, the authority shall provide a report identifying each employer located at the base area to the commissioner. By April 15th of each year, beginning in 2021, each employer located at the base area shall report to the commissioner the number of employees employed at the base area during the immediately preceding calendar year, the state income taxes withheld for each of those employees and any further information the commissioner may reasonably require. The commissioner shall certify annually to the assessor on or before June 1st of each year the following information: A. Employment, payroll and state withholding data necessary to calculate the base level of employment; [PL 2009, c. 641, §9 (NEW).] B. The total number of employees added during the previous year within the base area above the base level of employment, including additional associated payroll and withholding data necessary to calculate the job tax increment and establish the appropriate payment to the fund; [PL 2009, c. 641, §9 (NEW).] C. A listing of all employers within the base area that pay withholding taxes, the locations of those employers and the number of employees at each location; [PL 2009, c. 641, §9 (NEW).] D. A listing of all affiliated businesses, data regarding current employment, payroll and Maine income tax withholding for each affiliated business within the base area; and [PL 2009, c. 641, §9 (NEW).] E. Any information required by the assessor to determine the job tax increment pursuant to this section and the employment tax increment revenues pursuant to Title 36, chapter 917 . [PL 2019, c. 659, Pt. E, §1 (AMD).] [PL 2019, c. 659, Pt. E, §1 (AMD).]

5. Procedure for payment of revenue to the fund. On or before July 15th of each year, the assessor shall review the information required by subsection 4 and calculate the job tax increment for the preceding calendar year. The assessor shall also calculate the amount of the benefit base in the base area eligible for reimbursement to qualified Maine Employment Tax Increment Financing Program businesses pursuant to Title 36, chapter 917 . Between July 1st and July 15th of each year, the assessor shall certify to the State Controller the total remaining job tax increment as a result of the limitation in subsection 3, paragraph D and the remaining benefit base after reimbursements have been made to qualified Maine Employment Tax Increment Financing Program businesses pursuant to Title 36, chapter 917 . On or before July 31st of each year, the State Controller shall transfer 50% of the remaining job tax increment and 50% of the remaining benefit base to the state job tax increment contingent account established, maintained and administered by the State Controller from General Fund undedicated revenue within the withholding tax category. On or before July 31st of each year, the State Controller shall deposit this revenue into the fund and distribute the payments pursuant to subsection 3 . [PL 2023, c. 613, Pt. C, §3 (AMD).]

6. Administration. The Commissioner of Administrative and Financial Services shall administer the fund and may adopt rules pursuant to the Maine Administrative Procedure Act for implementation of the fund. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2009, c. 641, §9 (NEW).]
5 M.R.S. § 934-B — ME Code / Title 5 / Part 2 / Chapter 71 / Section 934-B
5 §934-B. Dirigo Health
Status: in_force

The position of executive director is a major policy-influencing position within Dirigo Health established pursuant to Title 24‑A, chapter 87 . Notwithstanding any other provision of law, this position and any successor position are subject to this chapter. [PL 2003, c. 469, Pt. A, §2 (NEW).]
5 M.R.S. § 3233 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3233
5 §3233. Municipal planning assistance program; review of programs
Status: in_force

1. Comprehensive plans. A municipality or multimunicipal region that chooses to prepare a growth management program and receives a planning grant under Title 30‑A, chapter 187, subchapter 2 shall submit its comprehensive plan to the office for review. A municipality or multimunicipal region that chooses to prepare a growth management program without receiving a planning grant under this subchapter may submit its comprehensive plan to the office for review. The office shall review plans for consistency with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 . A contract for a planning assistance grant must include specific timetables governing the review of the comprehensive plan by the office. A comprehensive plan submitted for review more than 12 months following a contract end date may be required to contain data, projections and other time-sensitive portions of the plan or program that are in compliance with the office's most current review standards. [PL 2025, c. 388, Pt. D, §12 (NEW).]

2. Growth management programs. A municipality or multimunicipal region may at any time request a certificate of consistency for its growth management program. A. Upon a request for review under this section, the office shall review the program and determine whether the program is consistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 . [PL 2025, c. 388, Pt. D, §12 (NEW).] B. Certification by the Department of Agriculture, Conservation and Forestry or the office of a municipality's or multimunicipal region's growth management program under Title 30‑A, chapter 187, subchapter 2 is valid for 10 years. To maintain certification, a municipality or multimunicipal region shall periodically review its growth management program and submit to the office in a timely manner any revisions necessary to account for changes, including changes caused by growth and development. Certification does not lapse in any year in which the Legislature does not appropriate funds to the office for the purposes of reviewing programs for recertification. [PL 2025, c. 388, Pt. D, §12 (NEW).] C. Upon a request for review under this section, the office may review rate of growth, impact fee and zoning ordinances to determine whether the ordinances are consistent with a comprehensive plan that has been found consistent under this section without requiring submission of all elements of a growth management program. An affirmative finding of consistency by the office is required for a municipality or multimunicipal region to assert jurisdiction as provided in section 3234 . [PL 2025, c. 388, Pt. D, §12 (NEW).] [PL 2025, c. 388, Pt. D, §12 (NEW).]

3. Review of growth management program. In reviewing a growth management program, the office shall: A. Solicit written comments on any proposed growth management program from regional councils, state agencies, all municipalities contiguous to the municipality or multimunicipal region submitting a growth management program and any interested residents of the municipality or multimunicipal region or of contiguous municipalities. The comment period extends for 45 days after the office receives the growth management program. (1) Each state agency reviewing the proposal shall designate a person or persons responsible for coordinating the agency's review of the growth management program. (2) Any regional council commenting on a growth management program shall determine whether the program is compatible with the programs of other municipalities that may be affected by the program and with regional policies or needs identified by the regional council; [PL 2025, c. 388, Pt. D, §12 (NEW).] B. Prepare all written comments from all sources in a form to be forwarded to the municipality or multimunicipal region; [PL 2025, c. 388, Pt. D, §12 (NEW).] C. Within 90 days after receiving the growth management program, send all written comments on the growth management program to the municipality or multimunicipal region and any applicable regional council. If warranted, the office shall issue findings specifically describing how the submitted growth management program is not consistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 and the recommended measures for remedying the deficiencies. (1) In its findings, the office shall clearly indicate its position on any point on which there are significant conflicts among the written comments submitted to the office. (2) If the office finds that the growth management program was adopted in accordance with the procedures, goals and guidelines established in Title 30-A, chapter 187, subchapter 2 , the office shall issue a certificate of consistency for the growth management program. (3) Notwithstanding paragraph D , if a municipality or multimunicipal region requests a certificate of consistency for its growth management program, any unmodified component of that program that has previously been reviewed by the Department of Agriculture, Conservation and Forestry and has received a finding of consistency must retain that finding during program certification review by the office as long as the finding of consistency is current as defined in rules adopted by the office; [PL 2025, c. 388, Pt. D, §12 (NEW).] D. Provide ample opportunity for the municipality or multimunicipal region submitting a growth management program to respond to and correct any identified deficiencies in the program. A finding of inconsistency for a growth management program may be addressed within 24 months of the date of the finding without addressing any new review standards that are created during that time interval. After 24 months, the program must be resubmitted in its entirety for state review under the office's most current review standards; and [PL 2025, c. 388, Pt. D, §12 (NEW).] E. Provide an expedited review and certification procedure for those submissions that represent minor amendments to certified growth management programs. [PL 2025, c. 388, Pt. D, §12 (NEW).] The office's decision on consistency of a growth management program constitutes final agency action. [PL 2025, c. 388, Pt. D, §12 (NEW).]

4. Review of comprehensive plan. In reviewing a comprehensive plan, the office shall: A. Solicit written comments on any proposed comprehensive plan from regional councils, state agencies, all municipalities contiguous to the municipality or multimunicipal region submitting a comprehensive plan and any interested residents of the municipality or multimunicipal region or of contiguous municipalities. The comment period extends for 25 business days after the office receives the comprehensive plan. Each state agency reviewing the proposal shall designate a person or persons responsible for coordinating the agency's review of the comprehensive plan; [PL 2025, c. 388, Pt. D, §12 (NEW).] B. Prepare all written comments from all sources in a form to be forwarded to the municipality or multimunicipal region; [PL 2025, c. 388, Pt. D, §12 (NEW).] C. Within 35 business days after receiving the comprehensive plan, notify the municipality or multimunicipal region if the plan is complete for purposes of review. If the office notifies the municipality or multimunicipal region that the plan is not complete for purposes of review, the office shall indicate in its notice necessary additional data or information; [PL 2025, c. 388, Pt. D, §12 (NEW).] D. Within 10 business days of issuing notification that a comprehensive plan is complete for purposes of review, issue findings specifically describing whether the submitted plan is consistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 and identify which inconsistencies in the plan, if any, may directly affect rate of growth, zoning or impact fee ordinances. (1) In its findings, the office shall clearly indicate its position on any point on which there are significant conflicts among the written comments submitted to the office. (2) If the office finds that the comprehensive plan was developed in accordance with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 , the office shall issue a finding of consistency for the comprehensive plan. (3) A finding of inconsistency must identify the goals under Title 30‑A, chapter 187, subchapter 2 not adequately addressed, specific sections of the rules relating to comprehensive plan review adopted by the office not adequately addressed and recommendations for resolving the inconsistency; [PL 2025, c. 388, Pt. D, §12 (NEW).] E. Send all written findings and comments on the comprehensive plan to the municipality or multimunicipal region and any applicable regional council; and [PL 2025, c. 388, Pt. D, §12 (NEW).] F. Provide ample opportunity for the municipality or multimunicipal region submitting a comprehensive plan to respond to and correct any identified deficiencies in the plan. A finding of inconsistency for a comprehensive plan may be addressed within 24 months of the date of the finding without addressing any new review standards that are created during that time interval. After 24 months, the plan must be resubmitted in its entirety for state review under the office's most current review standards. [PL 2025, c. 388, Pt. D, §12 (NEW).] If the office finds that a plan is not consistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 , the municipality or multimunicipal region that submitted the plan may appeal that finding to the office within 20 business days of receipt of the finding in accordance with rules adopted by the office, which are routine technical rules pursuant to chapter 375, subchapter 2‑A . The office's decision on consistency of a comprehensive plan constitutes final agency action. A finding by the office pursuant to paragraph D that a comprehensive plan is consistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 is valid for 12 years from the date of its issuance. For purposes of Title 30‑A, section 4314, subsection 3 and Title 30‑A, section 4352, subsection 2 , expiration of a finding of consistency pursuant to this subsection does not itself make a comprehensive plan inconsistent with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter 2 . [PL 2025, c. 388, Pt. D, §12 (NEW).]

5. Updates and amendments. A municipality or multimunicipal region may submit proposed amendments to a comprehensive plan or growth management program to the office for review in the same manner as provided for the review of new plans and programs. Subsequent to voluntary certification under Title 30‑A, chapter 187, subchapter 2 , the municipality or multimunicipal region shall file a copy of an amendment to a growth management program with the office within 30 days after adopting the amendment and at least 60 days prior to applying for any state grant program that offers a preference for consistency or certification. [PL 2025, c. 388, Pt. D, §12 (NEW).]

6. Regional councils. Subject to the availability of funding and pursuant to the conditions of a contract, each regional council shall review and submit written comments on the comprehensive plan or growth management program of any municipality or multimunicipal region within its planning region. The comments must be submitted to the office and contain an analysis of: A. Whether the comprehensive plan or growth management program is compatible with identified regional policies and needs; and [PL 2025, c. 388, Pt. D, §12 (NEW).] B. Whether the comprehensive plan or growth management program is compatible with plans or programs of municipalities or multimunicipal regions that may be affected by the proposal. [PL 2025, c. 388, Pt. D, §12 (NEW).] [PL 2025, c. 388, Pt. D, §12 (NEW).]
5 M.R.S. § 18533 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18533
5 §18533. 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 423, 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, §§11, 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, §32 (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 18526 , 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, §§11, 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, §§11, 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, §§11, 12 (NEW).] [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 194-J — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-J
5 §194-J. Attorney General authority
Status: in_force

1. Rules. The Attorney General may adopt rules the Attorney General considers appropriate to implement this section, sections 194‑B to 194‑I and section 194‑K . Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter II‑A . [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Attorney General authority not limited. This section, sections 194‑B to 194‑I and section 194‑K do not limit the common-law authority of the Attorney General to protect charitable trusts and charitable assets in this State. The penalties and remedies provided in section 194‑K are in addition to and are not a replacement for any other civil or criminal action the Attorney General may take under common law or statute, including an action to rescind the conversion transaction or to obtain injunctive relief or a combination of injunctive relief and other remedies available under common law or statute. [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 17059 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17059
5 §17059. Qualified domestic relations orders
Status: in_force

1. Determination by chief executive officer. The chief executive officer or the chief executive officer's designee has exclusive authority to determine whether a domestic relations order is a qualified domestic relations order under this section. A determination by the chief executive officer or the chief executive officer's designee under this section may be appealed to the board as provided by section 17451 . [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF); PL 2021, c. 548, §45 (REV).]

2. No jurisdiction over retirement system. The retirement system may not be made a party with respect to a divorce or other domestic relations action in which an alternate payee's right to receive all or a portion of the benefits payable to a member or retiree under the retirement system is created or established. A party to such an action who attempts to make the retirement system a party to the action contrary to this subsection is liable to the retirement system for its costs and attorney's fees. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

3. Benefits and withdrawal of contributions. For the purposes of this section, benefits payable with respect to a member or retiree under any of the programs of the retirement system include the types of benefits payable by the retirement system and a withdrawal of contributions from the retirement system. [PL 2007, c. 491, §71 (AMD).]

4. Requirements. A domestic relations order is a qualified domestic relations order only if the order: A. Clearly specifies the name, social security number and last known mailing address, if any, of the member or retiree and the name, social security number and mailing address of each alternate payee covered by the order; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] B. Clearly specifies the amount or percentage of the member's or retiree's benefits to be paid by the retirement system to each alternate payee or the manner in which the amount or percentage is to be determined; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] C. Clearly specifies the number of payments or the period to which the order applies; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] D. Clearly specifies that the order applies to the retirement system; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] E. Does not require the retirement system to provide a type or form of benefit or an option not otherwise provided by the retirement system; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] F. Does not require the retirement system to provide increased benefits determined on the basis of actuarial value; [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] G. Does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] H. Does not require the payment of benefits to an alternate payee before the retirement of a member other than when the payee reaches the member's normal retirement age, the distribution of a withdrawal of contributions to a member or other distribution to a member required by law. [PL 2015, c. 322, §1 (AMD).] [PL 2015, c. 322, §1 (AMD).]

5. Additional criteria. The board may also require by rule that a qualified domestic relations order meet one or more of the following requirements. A. The order must provide for a proportional reduction of the amount awarded to an alternate payee in the event of the retirement of the member before normal retirement age. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] B. The order may not purport to require the designation of a particular person as the recipient of benefits in the event of a member's or retiree's death. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] C. The order may not purport to require the selection of a particular benefit payment plan or option. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] D. The order must provide clearly for each possible benefit distribution under plan provisions. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] E. The order may not require any action on the part of the retirement system contrary to its governing laws or plan provisions other than the direct payment of the benefit awarded to an alternate payee or the direct payment of the benefit awarded to an alternate payee before the retirement of a member and when the payee reaches the member's normal retirement age. [PL 2015, c. 322, §2 (AMD).] F. The order may not make the award of an interest contingent on any condition other than those conditions resulting in the liability of the retirement system for payments under its plan provisions. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] G. The order may not purport to award any future benefit increases that are provided or required by the Legislature. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] H. The order must provide for a proportional reduction of the amount awarded to an alternate payee in the event that benefits available to the retiree or member are reduced by law. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] [PL 2015, c. 322, §2 (AMD).]

6. Determination. The chief executive officer or the chief executive officer's designee, upon receipt of a certified copy of a domestic relations order and written request for a determination, shall determine whether the order is a qualified domestic relations order and shall notify the member or retiree and each alternate payee of the determination. A. If the order is determined to be a qualified domestic relations order, it is presumed to be in compliance with all requirements of this Part. The retirement system shall pay benefits in accordance with the order and shall give effect to the plain meaning of its terms notwithstanding any failure of the order to cite or reference statutory or rule provisions. A beneficiary or recipient of a right or benefit provided for or awarded in a qualified domestic relations order may not be deprived of that right or benefit, or any part of that right or benefit, by a subsequent act or omission of the member, another claimant or beneficiary or the retirement system, notwithstanding any provision of law to the contrary or any policy or procedure the retirement system employs in the implementation of this Part. [PL 2005, c. 560, §2 (AMD); PL 2005, c. 560, §5 (AFF).] B. If the order is determined not to be a qualified domestic relations order, the member or retiree or any alternate payee named in the order may appeal the chief executive officer's determination in the manner specified in section 17451 or may petition the court that issued the order to amend the order so that it is qualified. Except as otherwise provided by law, the court that issued the order or that otherwise would have jurisdiction over the matter has jurisdiction to amend the order so that it will be qualified even though all other matters incident to the action or proceeding have been fully and finally adjudicated. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF); PL 2021, c. 548, §45 (REV).] [PL 2005, c. 560, §2 (AMD); PL 2005, c. 560, §5 (AFF); PL 2021, c. 548, §45 (REV).]

7. Interim accounting. During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined by the chief executive officer, the chief executive officer's designee, the board, a court of competent jurisdiction or otherwise, the retirement system shall account separately for the amounts, in this section referred to as the "segregated amounts," that would have been payable to the alternate payee during that period if the order had been determined to be a qualified domestic relations order. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF); PL 2021, c. 548, §45 (REV).]

8. Payment of segregated amounts. If a domestic relations order is determined to be a qualified domestic relations order, the retirement system shall pay the segregated amounts to the person or persons entitled to the segregated amounts and shall thereafter pay benefits pursuant to the order. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

9. Payments if determined not qualified or if no determination within 18 months. If a domestic relations order is determined not to be a qualified domestic relations order or if the issue as to whether a domestic relations order is a qualified domestic relations order is not resolved within 18 months of the date the order and written request for a determination are received by the retirement system, the retirement system shall pay the segregated amounts without interest, and shall thereafter pay benefits, to the person or persons who would have been entitled to such amounts if there had been no order. This subsection may not be construed to limit or otherwise affect any liability, responsibility or duty of a party with respect to any other party to the action from which the order arose. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

10. Determination after 18 months. Any determination that an order is a qualified domestic relations order that is made after the close of the 18-month period established in subsection 9 must be applied prospectively only. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

11. No liability. The retirement system, the board and officers and employees of the retirement system are not liable to any person for making payments of any benefits in accordance with a domestic relations order in a cause of action in which a member or a retiree was a party or for making payments in accordance with subsection 9 . [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

12. Information provided to spouse. Upon being furnished with an attested copy of a complaint for divorce, the retirement system shall provide the spouse of a member with the same information that would be provided to the member. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

13. Rules. The board may adopt rules to implement this section. The rules may provide for charging a reasonable fee for processing domestic relations orders. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

14. Application. This section applies to all domestic relations orders issued after March 27, 1992 and, with the mutual consent of the parties, to any domestic relations orders issued on or before March 27, 1992. [RR 1997, c. 2, §20 (COR).]
5 M.R.S. § 17051 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17051
5 §17051. Nonapplicability of other retirement benefit laws
Status: in_force

A law outside of this Part that provides wholly or in part at the expense of the State or of any subdivision of the State for retirement benefits for employees, or for the surviving spouses or other beneficiaries of those employees, may not apply to members or beneficiaries of any of the programs of the retirement system or to the surviving spouses or other beneficiaries of those members or beneficiaries. A member may not receive service credit toward a benefit under this Part and under another system supported wholly or in part by the State for the same service. [PL 2007, c. 491, §68 (AMD).]
5 M.R.S. § 6206-A — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6206-A
5 §6206-A. Public notice of final award
Status: in_force

Prior to determining a final award, the board shall publish a notice of its intent to fund the purchase of land offered for acquisition in a newspaper or newspapers of general circulation that identifies the land proposed by the board for funding and that notifies the residents of the area that the board will accept public comments on the proposed award. [PL 2025, c. 471, Pt. A, §8 (AMD).]
5 M.R.S. § 17603 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17603
5 §17603. Internal Revenue Code qualified plan compliance
Status: in_force

The State Employee and Teacher Retirement Program established in this chapter is subject to the following requirements. [PL 2009, c. 474, §14 (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, §14 (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, §14 (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, §14 (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, §14 (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, §14 (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, §14 (NEW).]

7. Additional requirements. In compliance with the Code, Section 415, the member contributions paid to and retirement benefits paid from the State Employee and Teacher 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, §14 (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, §14 (NEW).]

9. Rules. The board shall adopt rules necessary to maintain the qualified pension plan tax status of the State Employee and Teacher 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, §14 (NEW).]
5 M.R.S. § 4566 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4566
5 §4566. Powers and duties of the commission
Status: in_force

The commission has the duty of investigating all conditions and practices within the State which allegedly detract from the enjoyment, by each inhabitant of the State, of full human rights and personal dignity. Without limiting the generality of the foregoing, it has the duty of investigating all forms of invidious discrimination, whether carried out legally or illegally, and whether by public agencies or private persons. Based on its investigations, it has the further duty to recommend measures calculated to promote the full enjoyment of human rights and personal dignity by all the inhabitants of this State. [PL 1975, c. 182, §2 (AMD).]

To carry out these duties, the commission shall have the power: [PL 1971, c. 501, §1 (NEW).]

1. Office. To establish and maintain a principal office, and such other offices within the State as it may deem necessary; [PL 1971, c. 501, §1 (NEW).]

2. Meetings. To meet and function at any place within the State; [PL 1971, c. 501, §1 (NEW).]

3. Personnel. To appoint a full-time executive director and counsel to the commission, not subject to the Civil Service Law, and determine their remuneration; and to appoint, subject to the Civil Service Law, other personnel including, but not limited to, investigators, attorneys, compliance personnel and secretaries, as it shall deem necessary to effectuate the purposes of this Act; [PL 2019, c. 465, §1 (AMD).]

4. Hearings. To hold hearings, to administer oaths and to take the testimony of any person under oath. There is no executive privilege in such investigations and hearings, but law enforcement officers, prosecution officers and judges of this State and of the United States are privileged from compulsory testimony or production of documents before the commission. Such hearings and testimony may relate to general investigations concerning the effectiveness of this Act and the existence of practices of discrimination not prohibited by it, as well as to investigations of other alleged infringements upon human rights and personal dignity. The commission may make rules as to the administration of oaths and the holding of preliminary and general investigations by panels of commissioners and by the executive director; [PL 2019, c. 465, §2 (AMD).]

4-A. Subpoena power. Pursuant to a complaint which has been filed in accordance with section 4611 by a person who has been subject to unlawful discrimination, the commission may issue subpoenas; as provided in subsection 4‑B , to compel access to or production of premises, records, documents and other evidence or possible sources of evidence or the appearance of persons, provided that there is reasonable cause to believe that those materials or the testimony of the persons are material to the complaint. The commission may not issue subpoenas except as provided in this subsection. [PL 1977, c. 648, §1 (NEW).]

4-B. Subpoenas; contest of validity. If a subpoena is issued, notice must be given to the person who is alleged to have engaged in the unlawful discrimination. The person upon whom the subpoena is served may contest its validity. A judicial review of the subpoenas is permissible in any Superior Court; [PL 1993, c. 303, §1 (AMD).]

5. Services. To utilize voluntary and uncompensated services of private individuals and organizations as may from time to time be offered and needed; [PL 1971, c. 501, §1 (NEW).]

6. Advisory groups. To create local or statewide advisory agencies and conciliation councils to aid in effectuating the purposes of this Act. The commission may study or may empower these agencies and councils to study the problems of discrimination in all or specific fields of human relationships when based on protected class characteristics, membership or status, and foster good will among the groups and elements of the population of the State. Agencies and councils may make recommendations to the commission for the development of policies and procedures. Advisory agencies and conciliation councils created by the commission must be composed of representative citizens serving without pay, but with reimbursement for actual and necessary traveling expenses; [PL 2019, c. 465, §3 (AMD).]

7. Rules and regulations. To adopt, amend and rescind rules and regulations to effectuate this Act, such adoption, amendment and rescission to be made in the manner provided by chapter 375, subchapter 2 . Rules adopted to implement section 4553‑A are major substantive rules as defined in chapter 375, subchapter 2‑A ; [PL 2007, c. 385, §5 (AMD).]

8. Appearance. To appear in court and before other administrative bodies by its own attorneys; [PL 1971, c. 501, §1 (NEW).]

9. Notices and forms. To require the posting of notices or the adoption of forms by businesses subject to this Act, to effectuate the purposes of this Act; [PL 1971, c. 501, §1 (NEW).]

10. Publications. To publish results of investigations and research to promote good will and minimize or eliminate discrimination based on protected class characteristics, membership or status; [PL 2019, c. 465, §4 (AMD).]

11. Reports. To report to the Legislature and the Governor at least once a year describing the investigations, proceedings and hearings the commission has conducted and the outcome and other work performed by the commission, and to make recommendations for further legislation or executive action concerning abuses and discrimination based on protected class characteristics, membership or status, or other infringements on human rights or personal dignity; and [PL 2019, c. 465, §5 (AMD).]

12. Other acts. To do such other things as are set out in the other subchapters, and everything reasonably necessary to perform its duties under this Act. [PL 1971, c. 501, §1 (NEW).]