5 M.R.S. § 244-A — ME Code / Title 5 / Part 1 / Chapter 11 / Section 244-A
5 §244-A. Reports to the State Auditor
Status: in_force

The head of any department, agency, bureau or division of the State or of any board, commission, agency or authority of any county, municipality, school district or other political or administrative subdivision who has any evidence of any improper or illegal transactions within that department, agency, bureau or division shall immediately report the transactions to the State Auditor. [PL 2003, c. 82, §1 (AMD).]
5 M.R.S. § 18658 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18658
5 §18658. Insurance; automatic application
Status: in_force

1. Employees insured. Each employee shall complete an application for insurance coverage within 31 days of becoming eligible. Each employee who completes an application and is found eligible for basic insurance under this subchapter is insured for the amount of basic coverage applicable under this subchapter, beginning on the first day of the month following one month of employment after the employee becomes eligible. A. The employee shall indicate the types of coverage elected. [PL 1991, c. 480, §11 (NEW).] B. If the employee elects coverage within 31 days of the employee's first becoming eligible, and elects coverage in addition to basic, that additional coverage becomes effective on the first day of the month following one month of employment after the employee becomes eligible. [PL 2011, c. 449, §21 (AMD).] C. If the employee does not elect coverage within 31 days of the employee's first becoming eligible, the employee may subsequently apply for insurance coverage but must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 2011, c. 449, §21 (AMD).] [PL 2011, c. 449, §21 (AMD).]

2. Employees not wanting to be insured. Any employee not wanting to be insured under this subchapter, at the time the employee first becomes eligible, shall, on the application form, give written notice to the employee's employing officer and to the retirement system that the employee does not want to be insured. A. If, after being insured, the employee wishes to cancel or reduce coverage, written notice must be given by the employee to the employee's employing officer and to the retirement system. [PL 1991, c. 480, §11 (AMD).] B. The employee's insurance coverage must cease, or be reduced at the end of the month in which the notice is received by the employing office. [PL 1991, c. 480, §11 (AMD).] C. Any employee who does not want to be insured or who cancels insurance coverage may subsequently apply for insurance, but must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 1991, c. 480, §11 (AMD).] D. [PL 2011, c. 449, §22 (RP).] [PL 2011, c. 449, §22 (AMD).]

3. Dependent coverage. An employee may apply for coverage for a dependent in the application provided in subsection 1 . If an employee has no dependents at the time the application provided in subsection 1 is completed and if application is made for coverage within 31 days of acquiring a dependent, coverage becomes effective the first day of the month following the month in which the application is received by the employing office. An employee who does not apply for dependent coverage within 31 days, may subsequently apply for dependent coverage, but must produce evidence of insurability at the employee's own expense. Coverage for subsequently acquired dependents is effective immediately. [PL 1991, c. 480, §11 (NEW).]

4. Evidence of insurability. When the insurance underwriter approves an application for coverage or increase in coverage with which evidence of insurability has been filed as provided under subsection 1, paragraph C or subsection 2, paragraph C , the coverage or increased coverage becomes effective as of the first day of the first month following completion of one month of employment after the date of approval. [PL 1991, c. 480, §11 (NEW).]

5. Employee on leave of absence. Insurance coverage for an employee on an authorized leave of absence is governed as follows. A. An employee who, during a period of an unpaid leave of absence, continues to pay premiums due for the period of the leave continues to be covered. Coverage for an employee who, during the period of the leave, does not pay the premiums due ceases at the end of the period covered by the last premium paid. [PL 2011, c. 449, §23 (NEW).] B. Notwithstanding paragraph A , an employee who, during a period of unpaid military leave of absence, does not continue coverage while on unpaid military leave must be reinstated to the levels of coverage in effect immediately prior to the unpaid military leave. A request for reinstatement by the employee must be made within 31 days of the employee's return to work following unpaid military leave. An employee who wants to be reinstated and who does not apply for reinstatement within 31 days of the employee's return to work from unpaid military leave must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 2011, c. 449, §23 (NEW).] [PL 2011, c. 449, §23 (NEW).]
5 M.R.S. § 3 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 3
5 §3. Civil officers serve until successors qualify
Status: in_force

All civil officers, other than judicial officers, appointed in accordance with law and whose terms of office are fixed by law, shall hold office during the term for which they were appointed and until their successors in office have been appointed and qualified, unless sooner removed in accordance with law. [PL 1975, c. 771, §25 (RPR).]
5 M.R.S. § 3110 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3110
5 §3110. Office of New Americans
Status: in_force

1. Establishment; purpose; administration. The Office of New Americans is established within the Office of Policy Innovation and the Future for the purpose of improving the economic and civic integration of immigrants into the State's workforce and communities to strengthen the economy over the long term. The Office of Policy Innovation and the Future shall administer the Office of New Americans. [PL 2023, c. 643, Pt. FF, §1 (NEW).]

2. Director; duties. The director of the Office of New Americans shall fulfill the duties and activities listed in this section: A. Hiring professional personnel competent by education, training and experience to carry out the work of the Office of New Americans; [PL 2023, c. 643, Pt. FF, §1 (NEW).] B. Supervising and administering the affairs of the Office of New Americans; [PL 2023, c. 643, Pt. FF, §1 (NEW).] C. Determining the necessary budget for the Office of New Americans; and [PL 2023, c. 643, Pt. FF, §1 (NEW).] D. Reporting on the activities of the Office of New Americans. [PL 2023, c. 643, Pt. FF, §1 (NEW).] [PL 2023, c. 643, Pt. FF, §1 (NEW).]

3. Duties of the Office of New Americans. Under the supervision of the director of the Office of Policy Innovation and the Future and the director of the Office of New Americans, and with guidance from the Office of New Americans Advisory Council established in section 3111 , the Office of New Americans shall identify and address needs, barriers and opportunities in order to support the long-term economic and civic integration of immigrants in the State by: A. Collecting and analyzing relevant data; [PL 2023, c. 643, Pt. FF, §1 (NEW).] B. Coordinating with all relevant local, state and federal government agencies; [PL 2023, c. 643, Pt. FF, §1 (NEW).] C. Serving as the State's primary liaison with all relevant external stakeholders; and [PL 2023, c. 643, Pt. FF, §1 (NEW).] D. Undertaking and promoting activities that improve the economic and civic integration of immigrants into the State's workforce and communities. [PL 2023, c. 643, Pt. FF, §1 (NEW).] [PL 2023, c. 643, Pt. FF, §1 (NEW).]

4. Activities. The Office of New Americans shall undertake and promote activities that improve the economic and civic integration of immigrants into the State's workforce and communities. Activities may include, but are not limited to: A. Strengthening workforce opportunities by providing guidance and promoting improved pathways for professional accreditation and licensure, supporting enhanced career pathways and engaging with businesses to increase employment, retention and advancement of immigrant employees; [PL 2023, c. 643, Pt. FF, §1 (NEW).] B. Expanding, improving and increasing access to English language learning programs; [PL 2023, c. 643, Pt. FF, §1 (NEW).] C. Strengthening financial literacy programs, financial education and entrepreneurship supports to assist individuals, immigrant entrepreneurs and small business owners; [PL 2023, c. 643, Pt. FF, §1 (NEW).] D. Supporting the expansion of access to legal services and protections; [PL 2023, c. 643, Pt. FF, §1 (NEW).] E. Partnering with and supporting municipalities, school administrative units, educational institutions, community-based organizations and businesses providing assistance or opportunities to immigrants; [PL 2023, c. 643, Pt. FF, §1 (NEW).] F. Participating in the nationwide Office of New Americans State Network, or its successor network, to access information and best practices from other states; [PL 2023, c. 643, Pt. FF, §1 (NEW).] G. Collaborating with and providing guidance to agencies of State Government and the entity designated by the Federal Government to administer the State's refugee resettlement services in developing and executing policies that support the purpose of the Office of New Americans; [PL 2023, c. 643, Pt. FF, §1 (NEW).] H. Coordinating with and advising federal agencies and the State's congressional delegation on federal policies that support the purpose of the Office of New Americans; [PL 2023, c. 643, Pt. FF, §1 (NEW).] I. Advising the Governor and Legislature regarding any statutory, regulatory or other policies or practices that may be addressed to better support the purpose of the Office of New Americans; and [PL 2023, c. 643, Pt. FF, §1 (NEW).] J. Promoting greater understanding of the history of immigration in the State, the contributions and influence of immigrants in the State and how communities may support immigrants' integration into local civic and economic life. [PL 2023, c. 643, Pt. FF, §1 (NEW).] [PL 2023, c. 643, Pt. FF, §1 (NEW).]

5. Rulemaking. The Office of New Americans may adopt rules as necessary for the proper administration of this section and section 3111 pursuant to the Maine Administrative Procedure Act. Unless otherwise specified, rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2023, c. 643, Pt. FF, §1 (NEW).]

6. Report. Beginning February 1, 2026, the Office of New Americans shall report biennially to the Governor and to the joint standing committee of the Legislature having jurisdiction over relevant matters with information and recommendations relating to the work and needs of the Office of New Americans. [PL 2023, c. 643, Pt. FF, §1 (NEW).]
5 M.R.S. § 18507 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18507
5 §18507. Payment of benefit
Status: in_force

1. Beginning. If the chief executive officer receives the written application for disability retirement benefits within 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date of termination of active service of the member. If the chief executive officer receives the written application for disability retirement benefits more than 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date 6 months prior to the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, provided that payment of benefits shall begin on the first day of the month following the date of termination of active service of the member if it is shown that: A. It was not reasonably possible to file the application for disability retirement benefits within the 6-month period; and [PL 1987, c. 256, §40 (RPR).] B. The application was made as soon as was reasonably possible. [PL 1987, c. 256, §40 (RPR).] [PL 1987, c. 256, §40 (RPR); PL 2021, c. 548, §45 (REV).]

2. Cessation. Payment of disability retirement benefits shall continue as long as a person is disabled, except that: A. A disability retirement benefit ceases and eligibility for a service retirement benefit begins on the last day of the month in which the service retirement benefit of the beneficiary equals or exceeds the amount of the member's disability retirement benefit. For a member who by election or by having retired on disability retirement prior to October 16, 1992, remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 14, the disability retirement benefit ceases: (1) On the last day of the month in which the 10th anniversary of the beneficiary's normal retirement age, as defined in section 17001, subsection 23 , occurs; or (2) On the last day of the month in which the service retirement benefit of the beneficiary would equal or exceed the amount of the disability retirement benefit, if that occurs before the 10th anniversary of the beneficiary's normal retirement age. [PL 1997, c. 384, §12 (AMD).] B. After the disability has continued for 5 years, the disability of the beneficiary must render the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 18407 . (1) The chief executive officer may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 18503 , to determine the disability of the beneficiary. (2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), the beneficiary's disability retirement benefit is discontinued until the beneficiary withdraws the refusal. (3) If the beneficiary's refusal under subparagraph (2) continues for one year, all the beneficiary's rights to any further benefits under this article cease. (4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of the beneficiary's disability retirement benefit ceases. [PL 2003, c. 675, §3 (AMD); PL 2021, c. 548, §45 (REV).] C. The person's average final compensation at retirement shall include the same percentage adjustments, if any, that would apply to the amount of retirement benefit of the beneficiary under section 18407 . [PL 1985, c. 801, §§5, 7 (NEW).] D. A full month's benefit must be paid to the beneficiary or estate of the disability retirement recipient for the month in which the disability retirement recipient dies. [RR 2023, c. 2, Pt. B, §152 (COR).] [RR 2023, c. 2, Pt. B, §152 (COR).]
5 M.R.S. § 25005 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25005
5 §25005. Chair
Status: in_force

The commission shall select 3 chairs from among the members of the commission. The chairs are authorized to appoint subcommittees. [PL 2019, c. 457, §2 (NEW).]
5 M.R.S. § 120-A — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 120-A
5 §120-A. Routine technical rules
Status: in_force

Rules adopted pursuant to this chapter, unless expressly designated otherwise, are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 18059 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18059
5 §18059. Payment of premiums
Status: in_force

Payment of premiums for group life insurance shall be on the basis determined by the board to be actuarially sufficient to pay anticipated claims. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17107 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17107
5 §17107. Actuary
Status: in_force

1. Designation. The board shall designate an actuary who shall be the technical advisor to the board on matters regarding the operation of the funds created by this Part. A. If the designated actuary is an individual, the individual must be a Fellow of the Society of Actuaries. [RR 2023, c. 2, Pt. B, §96 (COR).] B. If the designated actuary is an organization of actuaries, the organization shall designate one of its members, who must be a Fellow of the Society of Actuaries, to perform the functions required of the actuary under this Part. [PL 1985, c. 801, §§5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §96 (COR).]

2. Duties. In addition to other duties set out in this Part, the actuary shall have the following duties. A. The actuary shall perform whatever duties are required in connection with being the technical advisor to the board on matters regarding the operation of the funds created by this Part. [PL 1985, c. 801, §§5, 7 (NEW).] B. The actuary shall certify the amounts of the benefits payable under this Part, except for benefits payable under chapter 423, subchapter VI and chapter 425, subchapter VI . [PL 1985, c. 801, §§5, 7 (NEW).] C. The actuary shall make annual valuations of the assets and liabilities of each of the programs of the retirement system on the basis of actuarial assumptions adopted by the board. [PL 2007, c. 491, §80 (AMD).] D. The actuary shall furnish a written report to the board. (1) The report shall include information on each annual valuation, as required under paragraph C . (2) The report shall include an analysis of the year's operations and all results shall be separated between those applicable to benefits payable by employer contributions and those applicable to benefits payable by employee contributions, where properly determinable. [PL 1985, c. 801, §§5, 7 (NEW).] E. The actuary shall make whatever investigations the actuary considers necessary of the experience of each of the programs of the retirement system with respect to the factors that affect the cost of the benefits provided by those programs. (1) The purpose of the investigations is to determine the actuarial assumptions to be recommended to the board for adoption in connection with actuarial determinations required under this Part. (2-A) These investigations must be made whenever the board, on recommendation of the actuary, determines an investigation to be necessary to the actuarial soundness or prudent administration of the program or programs to which the investigation is related. The determination must take into account program demographics and changes in program demographics, employment patterns and projections, relevant economic measures and expectations and other factors that the board or actuary considers significant. With respect to the retirement system program for state employees and teachers, if 6 fiscal years have elapsed without an investigation being conducted, the board must either conduct an investigation within the next fiscal year or must record in the official minutes of a meeting of the board, in each fiscal year until the year in which an investigation is conducted, its decision not to do so and the reason or reasons for its decision. [PL 2025, c. 390, Pt. A, §15 (AMD).] F. [PL 2025, c. 221, §17 (RP).] [PL 2025, c. 221, §17 (AMD); PL 2025, c. 390, Pt. A, §15 (AMD).]
5 M.R.S. § 942 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 942
5 §942. Department of Inland Fisheries and Wildlife
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Inland Fisheries and Wildlife. Notwithstanding any other provision of law, these positions and their successor positions shall be subject to this chapter: A. Deputy Commissioner; [PL 1983, c. 729, §4 (NEW).] B. Game Warden Colonel; and [PL 1983, c. 862, §14 (AMD).] C. Assistant to the Commissioner for Public Information. [PL 1983, c. 862, §14 (AMD).] D. [PL 1983, c. 862, §14 (RP).] [PL 1983, c. 862, §14 (AMD).]
5 M.R.S. § 18661 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18661
5 §18661. Termination of coverage
Status: in_force

1. Separation from service. The insurance on any employee must terminate upon the employee's separation from service, except as extended by: A. Provisions contained in the policy for waiver of premiums upon total and permanent disability; and [PL 1985, c. 801, §§5, 7 (NEW).] B. Provisions for temporary extension of coverage and conversion to an individual policy of life insurance. [PL 1985, c. 801, §§5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §159 (COR).]

2. Retirement. If, on the date the insurance would otherwise terminate, the employee retires, in accordance with this Part, the United States Social Security Act or other local retirement program, the employee's basic life insurance only must be continued without cost to the employee and in the amounts provided in this subsection. A. On retirement for reasons other than disability, an amount of basic life insurance equal to the employee's average final compensation must be continued in force at no cost to the participant, if the participant has participated in the group life insurance program for a minimum of 10 years. (1) Except as provided in paragraph B , the initial amount of basic life insurance that continued into retirement must be reduced at the rate of 15% a year to a minimum of 40% of the initial amount of basic life insurance that continued into retirement or $2,500, whichever is greater. (2) In determining benefits under this subchapter, the reductions become effective at 12:01 a.m. of the day following the first year anniversary of the date of retirement and each succeeding retirement anniversary thereafter until the minimum has been reached. [PL 1993, c. 386, §6 (AMD).] B. On retirement for disability, the amount of basic insurance in force at the time of retirement must be continued in force until normal retirement age, after which the amount must be reduced, as provided in paragraph A at no cost to the recipient. The 10-year participation requirement does not apply to recipients of disability retirement benefits. [PL 1991, c. 480, §12 (AMD).] C. The premiums for the coverage provided by this subsection must be paid by the participating local district which employed the participant immediately before the participant's retirement. Delinquent payments under this section may be collected as provided under section 18303, subsection 3 . [PL 1991, c. 480, §12 (NEW).] [PL 1993, c. 386, §6 (AMD).]
5 M.R.S. § 15307 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15307
5 §15307. Prohibited interests of officers, directors and employees
Status: in_force

An officer, director or employee of the institute or a spouse or dependent child of any of those individuals may not receive any direct personal benefit from the activities of the institute in assisting any private entity. This section does not prohibit corporations or other entities with which an officer or director is associated by reason of ownership or employment from participating in science and technology activities with the institute if ownership or employment is made known to the board and the officer or director abstains from voting on matters relating to that participation. This prohibition does not extend to corporators who are not officers or directors of the institute. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]
5 M.R.S. § 18402 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18402
5 §18402. Eligibility for benefits
Status: in_force

Only members of the Participating Local District Retirement Program or their spouses, surviving spouses, children, dependent children, parents or beneficiaries are eligible to receive benefits from the Participating Local District Retirement Program. [PL 2007, c. 491, §235 (AMD).]
5 M.R.S. § 13056-F — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13056-F
5 §13056-F. Historic Preservation Revolving Fund
Status: in_force

1. Fund established; administration. The Historic Preservation Revolving Fund, referred to in this section as "the revolving fund," is established within the Maine Historic Preservation Commission, referred to in this section as "the commission," in order to provide funds to qualified nonprofit historic preservation organizations in the State for the purpose of acquisition of endangered historic properties of local, state or national significance, as determined by the commission, for resale to new owners who agree to preserve, rehabilitate or restore the properties as necessary, subject to preservation easements or covenants held by the qualified organization. The commission may provide funds to the qualified organization for purposes outlined in subsection 4 . All funds received must be deposited into the revolving fund. [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

2. Review process. The commission shall review proposals for acquisition of historic properties by qualified organizations with funds from the revolving fund in accordance with this subsection. [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

3. Applicant requirements. An applicant for funding under this section must be a qualified nonprofit historic preservation organization. For purposes of this section, "qualified nonprofit historic preservation organization" or "qualified organization" means a nonprofit preservation or historical organization whose purposes include preservation of historic property or a governmental body. A qualified organization must also demonstrate previous historic preservation, rehabilitation or acquisition activity; availability of staff with demonstrated professional training and experience in administration of historic preservation programs; and familiarity with preservation standards and with acquisition and resale of historic property. The qualified organization must also demonstrate the capacity to undertake the project with a reasonable prospect of bringing it to a successful conclusion. In assessing an applicant's ability to meet the requirements of this subsection, the commission may consider all relevant factors, including but not limited to the applicant's organizational purpose; organizational history; previous historic preservation, rehabilitation or acquisition activity; scope of economic or revitalization vision; and evidence of success in previous efforts. [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

4. Revolving fund expenditures. Payment from the revolving fund is made by the commission to qualified nonprofit historic preservation organizations for the purpose of preservation of significant endangered historic properties through acquisition and resale. Payments may include all costs associated with such an acquisition and carrying costs, as well as stabilization, rehabilitation and completion of a conditions study by the qualified organization for approval by the commission and may also include a fee for establishing a preservation easement or covenant to be held by the qualified organization. When possible, the qualified organization shall seek to secure the qualified property by option to be executed at closing to minimize carrying costs. The qualified organization shall seek to resell the property at fair market value to a new private, nonprofit or public owner who agrees to preserve, rehabilitate or restore the property as provided in the easement or covenant. Net proceeds from the resale of properties must be returned to the revolving fund within the commission. Funds returned to the revolving fund are to be used exclusively for the acquisition of additional historic properties, except that no more than 5% of the fund balance may be used by the commission to fund administration of the program by cooperating organizations. [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

5. Evaluation criteria. The commission shall evaluate proposals under this section. The commission shall seek to fund those proposals that best meet its historic preservation priorities for the State and region and that support its economic and community development and enhancement priorities and shall evaluate properties in such proposals relative to: A. The level of historic or architectural significance; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. The value with respect to historic preservation and rehabilitation; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. The degree to which the property is endangered; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] D. The economic significance to the immediate vicinity and to the State; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] E. The value with respect to downtown revitalization, open space conservation or other public purposes; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] F. The availability at fair market value; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] G. The degree to which the property is available below fair market value; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] H. The potential marketability; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] I. The feasibility of rehabilitation or restoration and reuse; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] J. The value of the proposed property with respect to tourism promotion and development; [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] K. The degree of community support; and [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] L. The extent to which the proposed project involves partnerships or meets multiple criteria. [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

6. Rules. The commission may adopt rules to implement this section. Rules adopted to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 414, Pt. G, §3 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]
5 M.R.S. § 1742-D — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1742-D
5 §1742-D. Bureau of General Services; real property leases
Status: in_force

1. Work closely with all departments and agencies. The Bureau of General Services shall work closely with all departments and agencies in locating real property leases to ensure that agency program requirements are met to the maximum extent possible. The bureau shall: A. Maintain records of state agency real property leasing needs and all available space owned, leased and potentially available for lease, and make this information available to all state agencies; [PL 1991, c. 9, Pt. L, §3 (NEW).] B. Monitor market prices for real property leases on a regional basis and establish rates to be charged to state agencies on an annual basis; and [PL 1991, c. 9, Pt. L, §3 (NEW).] C. Hold all real property leases to ensure they are negotiated and managed to the best economic advantage of the State. [PL 1991, c. 9, Pt. L, §3 (NEW).] [PL 1991, c. 780, Pt. Y, §59 (AMD).]

2. Establish standards; waiver. The Bureau of General Services shall establish the following: A. Standards for occupant safety and comfort in leased space that are consistent with law and all applicable building, fire, accessibility and environmental codes; and [PL 2021, c. 348, §10 (AMD).] B. By July 1, 1991, standards for space use for all state facilities that ensure the equitable and efficient distribution of available floor space, including common areas, consistent with cost, program and functional objectives. [PL 1991, c. 9, Pt. L, §3 (NEW).] The Director of the Bureau of General Services may provide a waiver of the standards and criteria established under this section if the director concludes that the unique conditions of location, program or employee function require such a waiver or in order to meet the purpose of section 3234, subsection 2 , relating to priority locations for state office buildings, courts and other state civic buildings. [PL 2025, c. 388, Pt. D, §1 (AMD).]

3. Real Property Lease Internal Service Fund Account established. The Bureau of General Services shall establish, through the Office of the State Controller, the Real Property Lease Internal Service Fund Account. The funds deposited in the account must include, but not be limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services and funds received from state departments and agencies using leasing services provided by the bureau. [PL 1991, c. 780, Pt. Y, §59 (AMD); PL 2003, c. 600, §4 (REV).]

4. Charges for leasing services. The Bureau of General Services may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using leasing services pursuant to this section. [PL 1991, c. 780, Pt. Y, §59 (AMD).]

5. Submission of budget. The Bureau of General Services shall submit a budget of estimated revenues and costs incurred by the account in connection with the leasing services established in this section. [PL 1991, c. 780, Pt. Y, §59 (AMD).]

6. Staff. The Director of the Bureau of General Services shall appoint, subject to the Civil Service Law, staff necessary to carry out the purposes of this section. [PL 1991, c. 780, Pt. Y, §59 (AMD).]

7. Payment by department or agency. Each department or agency using the services of this program must budget adequate funds to pay the leasing services provided by the Bureau of General Services. [PL 1991, c. 780, Pt. Y, §59 (AMD).]

8. Report. The Director of the Bureau of General Services shall report to the joint standing committees of the Legislature having jurisdiction over state and local government matters and appropriations and financial affairs matters by January 31st of each year with respect to the status of current leases, projected real property leasing requirements and anticipated costs for each fiscal year. [PL 1991, c. 780, Pt. Y, §59 (AMD).]

9. Exception. The land leases of the various departments and agencies of State Government are exempted from the provisions of this section. [PL 1993, c. 272, §1 (NEW).]

10. Downtown Leasehold Improvement Fund. The Downtown Leasehold Improvement Fund, referred to in this subsection as the "fund," is established within the Bureau of General Services to assist state agencies in securing suitable space in downtowns whenever possible by providing for capital improvements to real property leased by the State in downtowns necessary to meet public health, safety and accessibility requirements of federal, state and local statutes and codes. The fund is a nonlapsing fund consisting of sums that are appropriated by the Legislature or transferred to the fund from time to time by the Treasurer of State, the proceeds of notes or bonds issued by the State for the purpose of deposit in the fund, grants and awards made to the State or an instrumentality of the State by the Federal Government for the purpose for which the fund has been established and other funds from any public or private source received for use for the purpose for which the fund has been established. The bureau shall invest in leasehold improvements from this fund only when it determines that the length and other terms of the lease will provide for reasonable use of and return on the investments for the State. The bureau may establish accounts and subaccounts as it determines desirable to effectuate the purpose of the fund. [PL 1999, c. 776, §2 (NEW).]
5 M.R.S. § 17934 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17934
5 §17934. Optional election
Status: in_force

Any person entitled to receive a disability retirement benefit under article 3 , as in effect immediately before October 1, 1989, may elect to be governed by this article instead of article 3 by making written application to the chief executive officer within 6 months of October 1, 1989. [RR 1997, c. 2, §22 (COR); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 17851-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17851-A
5 §17851-A. 1998 Special Plan established
Status: in_force

1. Establishment and applicability. Effective July 1, 1998, there is established a special retirement plan to be known as the 1998 Special Plan. The 1998 Special Plan applies to members in the following capacities: A. Until September 1, 2002, law enforcement officers in the employment of the Department of Marine Resources on July 1, 1998, or hired thereafter; [PL 2001, c. 559, Pt. RR, §5 (AMD); PL 2001, c. 559, Pt. RR, §17 (AFF).] B. Until September 1, 2002, law enforcement officers in the employment of the Department of Inland Fisheries and Wildlife on July 1, 1998, or hired thereafter; [PL 2001, c. 559, Pt. RR, §5 (AMD); PL 2001, c. 559, Pt. RR, §17 (AFF).] C. Forest rangers in the employment of the former Department of Conservation on July 1, 1998, or hired thereafter by the former Department of Conservation or the Department of Agriculture, Conservation and Forestry; [PL 2013, c. 405, Pt. D, §2 (AMD).] D. [PL 1999, c. 731, Pt. CC, §4 (RP).] E. Maine State Prison employees to whom section 17851, subsection 11, paragraph B applies and who were employed after August 31, 1984 and before January 1, 2000; [PL 1999, c. 493, §4 (AMD).] F. Airplane pilots in the employment of the State on July 1, 1998, or hired thereafter; [PL 1997, c. 769, §11 (NEW).] G. Liquor inspectors, including the Chief Inspector, in the employment of the Department of Public Safety, Bureau of Liquor Enforcement on July 1, 1998, or hired thereafter by the Department of Public Safety, Bureau of Liquor Enforcement or the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations; [PL 2013, c. 368, Pt. V, §4 (AMD).] H. Firefighters in the employment of the Department of Defense, Veterans and Emergency Management at Bangor International Airport on July 1, 1998, or hired thereafter, provided the Federal Government pays annually to the retirement system the full employer cost of the participation of these employees; [PL 1999, c. 493, §5 (AMD).] I. Employees of the Department of Corrections or the Department of Administrative and Financial Services on January 1, 2000 or hired thereafter, other than those described in paragraph E , who are employed in a correctional facility, as defined in Title 34‑A, section 1001 ; or those whose duties involve contact with prisoners, probationers, parolees or juvenile offenders or any person employed as the supervisor of those employees. Those employees of the Department of Corrections on January 3, 2006 whose positions were transferred to the Department of Administrative and Financial Services remain eligible for the 1998 Special Retirement Plan as long as they are assigned to work in a correctional facility, as defined in Title 34‑A, section 1001 , or their duties involve contact with prisoners, probationers, parolees or juvenile offenders. An employee of the Department of Administrative and Financial Services hired after January 3, 2006 to replace an employee whose position was transferred and who remained eligible for the 1998 Special Retirement Plan is also eligible for the plan as long as that employee is assigned to work in a correctional facility, as defined in Title 34‑A, section 1001 , and that employee's duties involve contact with prisoners, probationers, parolees or juvenile offenders; [PL 2005, c. 519, Pt. FF, §1 (AMD).] J. Law enforcement officers in the employment of the Baxter State Park Authority on January 1, 2000 or hired thereafter; [PL 2001, c. 409, §1 (AMD).] K. The State Fire Marshal, the assistant state fire marshal-inspections or a state fire marshal inspector in the employment of the Department of Public Safety on January 1, 2000 or hired thereafter or, until June 30, 2020, a state fire marshal investigator, a state fire marshal senior investigator, a state fire marshal sergeant or an assistant state fire marshal-investigations in the employment of the Department of Public Safety on January 1, 2000 or hired thereafter; [PL 2021, c. 398, Pt. LLL, §1 (AMD); PL 2021, c. 474, §1 (AMD).] L. Oil and hazardous materials emergency response workers in the employment of the Department of Environmental Protection, Division of Response Services who participate in a standby rotation on January 1, 2002 or hired thereafter; [PL 2019, c. 537, §1 (AMD); PL 2019, c. 541, §2 (AMD); PL 2019, c. 542, §1 (AMD).] M. Capitol Police officers in the employment of the Department of Public Safety, Bureau of Capitol Police on July 1, 2002 or hired thereafter; [RR 2019, c. 2, Pt. A, §2 (COR).] N. Emergency communications specialists, emergency communications specialist - leads, emergency communications specialist - supervisors and emergency dispatch system administrators in the employment of the Department of Public Safety on July 1, 2020 who elect to participate in the 1998 Special Plan or hired thereafter; [PL 2021, c. 398, Pt. KKK, §1 (AMD); PL 2021, c. 474, §2 (AMD).] Revisor's Note: (Paragraph N as enacted by PL 2019, c. 541, §4 is REALLOCATED TO TITLE 5, SECTION 17851-A, SUBSECTION 1, PARAGRAPH O) Revisor's Note: (Paragraph N as enacted by PL 2019, c. 542, §3 is REALLOCATED TO TITLE 5, SECTION 17851-A, SUBSECTION 1, PARAGRAPH P) O. (REALLOCATED FROM T. 5, §17851-A, sub-§1, ¶N) Detectives in the employment of the office of investigations within the Department of the Secretary of State, Bureau of Motor Vehicles on July 1, 2020 who elect to participate in the 1998 Special Plan or hired thereafter; [PL 2021, c. 474, §3 (AMD).] P. (REALLOCATED FROM T. 5, §17851-A, sub-§1, ¶N) Detectives in the employment of the Office of the Attorney General on July 1, 2020 who elect to participate in the 1998 Special Plan or hired thereafter; [PL 2025, c. 388, Pt. R, §1 (AMD).] Q. Until July 31, 2024, civilian employees whose job responsibilities include the handling, examination or analysis of digital or physical evidence in the employment of the Department of Public Safety, Maine State Police Crime Laboratory or computer crimes unit on October 1, 2021 or hired thereafter; and [PL 2025, c. 388, Pt. R, §2 (AMD).] R. Persons in the employment of the Department of Health and Human Services on October 1, 2025 or hired thereafter who have the job classification of Mental Health Worker I, Mental Health Worker II, Mental Health Worker III or Mental Health Worker IV. [PL 2025, c. 388, Pt. R, §3 (NEW).] [PL 2025, c. 388, Pt. R, §§1-3 (AMD).]

2. Qualification for benefits. A member employed in any one or a combination of the capacities specified in subsection 1 after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; any employee identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; after September 30, 2025 for employees identified in subsection 1, paragraph R ; and any employee identified in subsection 1, paragraph L , qualifies for a service retirement benefit if that member either: A. Is at least 55 years of age and has completed at least 10 years of creditable service under the 1998 Special Plan in any one or a combination of the capacities; or [PL 2003, c. 510, Pt. D, §1 (RPR); PL 2003, c. 510, Pt. D, §§6,7 (AFF).] B. Has completed at least 25 years of creditable service in any one or a combination of the capacities specified in subsection 1 , whether or not the creditable service included in determining that the 25-year requirement has been met was earned under the 1998 Special Plan or prior to its establishment. [PL 2003, c. 510, Pt. D, §1 (RPR); PL 2003, c. 510, Pt. D, §§6,7 (AFF).] [PL 2025, c. 388, Pt. R, §4 (AMD).]

3. Purchase of service credit to be used for qualification for benefits. This subsection governs the use of purchased service credit in order to qualify for benefits. A. For the purpose of meeting the qualification requirement of subsection 2, paragraph A : (1) Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included only to the extent that time to which the refund relates was served after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; and after September 30, 2021 for employees identified in subsection 1, paragraph Q in any one or a combination of the capacities specified in subsection 1 . Service credit may be purchased for service by an employee identified in subsection 1, paragraphs L , M and R regardless of when performed; and (2) Service credit purchased other than as provided under subparagraph (1), including but not limited to service credit for military service, is not included. [PL 2025, c. 388, Pt. R, §5 (AMD).] B. For the purpose of meeting the qualification requirement of subsection 2, paragraph B : (1) Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included if the time to which the refund relates was served in any one or a combination of the capacities specified in subsection 1 , regardless of whether the time was served before or after the establishment of the 1998 Special Plan; and (2) Service credit purchased other than as provided under subparagraph (1) is not included, except that service credit purchased for military service or for law enforcement service pursuant to section 17767 is included. [PL 2019, c. 459, §2 (AMD).] [PL 2025, c. 388, Pt. R, §5 (AMD).]

4. Computation of benefits. The amount of the service retirement benefit for members qualified under subsection 2 must be computed as follows. A. If all of the member's creditable service in any one or a combination of the capacities specified in subsection 1 was earned after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R ; if service credit was purchased by repayment of an earlier refund of accumulated contributions for service in any one or a combination of the capacities specified in subsection 1 after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R ; or if service credit was purchased by other than the repayment of an earlier refund and eligibility to make the purchase of the service credit, including, but not limited to, service credit for military service, was achieved after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R , the benefit must be computed as provided in section 17852, subsection 1, paragraph A . (1) If the member had 10 years of creditable service on July 1, 1993, the benefit under subsection 2, paragraph B must be reduced as provided in section 17852, subsection 3, paragraphs A and B . (2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit under subsection 2, paragraph B must be reduced by 6% for each year that the member's age precedes 55 years of age. [PL 2025, c. 388, Pt. R, §6 (AMD).] B. Except as provided in paragraphs D , E , F and G , if some part of the member's creditable service in any one or a combination of the capacities specified in subsection 1 was earned before July 1, 1998 for employees identified in subsection 1, paragraphs A to H ; before January 1, 2000 for employees identified in subsection 1, paragraphs I to K ; before January 1, 2002 for employees identified in subsection 1, paragraph L ; before July 1, 2002 for employees identified in subsection 1, paragraph M ; before July 1, 2020 for employees identified in subsection 1, paragraphs N to P ; before October 1, 2021 for employees identified in subsection 1, paragraph Q ; and before October 1, 2025 for employees identified in subsection 1, paragraph R and some part of the member's creditable service in any one or a combination of the capacities specified in subsection 1 was earned after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R , then the member's service retirement benefit must be computed in segments and the amount of the member's service retirement benefit is the sum of the segments. The segments must be computed as follows: (1) The segment or, if the member served in more than one of the capacities specified in subsection 1 and the benefits related to the capacities are not interchangeable under section 17856 , segments that reflect creditable service earned before July 1, 1998 for employees identified in subsection 1, paragraphs A to H ; before January 1, 2000 for employees identified in subsection 1, paragraphs I to K ; before January 1, 2002 for employees identified in subsection 1, paragraph L ; before July 1, 2002 for employees identified in subsection 1, paragraph M ; before July 1, 2020 for employees identified in subsection 1, paragraphs N to P ; before October 1, 2021 for employees identified in subsection 1, paragraph Q ; and before October 1, 2025 for employees identified in subsection 1, paragraph R or purchased by repayment of an earlier refund of accumulated contributions for service before July 1, 1998, for employees identified in subsection 1, paragraphs A to H ; before January 1, 2000 for employees identified in subsection 1, paragraphs I to K ; before January 1, 2002 for employees identified in subsection 1, paragraph L ; before July 1, 2002 for employees identified in subsection 1, paragraph M ; before July 1, 2020 for employees identified in subsection 1, paragraphs N to P ; before October 1, 2021 for employees identified in subsection 1, paragraph Q ; and before October 1, 2025 for employees identified in subsection 1, paragraph R in a capacity or capacities specified in subsection 1 or purchased by other than the repayment of a refund and eligibility to make the purchase of the service credit, including, but not limited to, service credit for military service, was achieved before July 1, 1998 for employees identified in subsection 1, paragraphs A to H ; before January 1, 2000 for employees identified in subsection 1, paragraphs I to K ; before January 1, 2002 for employees identified in subsection 1, paragraph L ; before July 1, 2002 for employees identified in subsection 1, paragraph M ; before July 1, 2020 for employees identified in subsection 1, paragraphs N to P ; before October 1, 2021 for employees identified in subsection 1, paragraph Q ; and before October 1, 2025 for employees identified in subsection 1, paragraph R , must be computed under section 17852, subsection 1, paragraph A . If the member is qualified under subsection 2, paragraph B and: (a) Had 10 years of creditable service on July 1, 1993, the amount of the segment or segments must be reduced as provided in section 17852, subsection 3, paragraphs A and B ; or (b) Had fewer than 10 years of creditable service on July 1, 1993, the amount of the segment or segments must be reduced as provided in section 17852, subsection 3‑A ; and (2) The segment that reflects creditable service earned after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R or purchased by repayment of an earlier refund of accumulated contributions for service after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R in any one or a combination of the capacities specified in subsection 1 , or purchased by other than the repayment of a refund and eligibility to make the purchase of the service credit, including, but not limited to, service credit for military service, was achieved after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R must be computed under section 17852, subsection 1, paragraph A . If the member is qualified under subsection 2, paragraph B and: (a) Had 10 years of creditable service on July 1, 1993, the segment amount must be reduced in the manner provided in section 17852, subsection 3, paragraphs A and B for each year that the member's age precedes 55 years of age; or (b) Had fewer than 10 years of creditable service on July 1, 1993, the segment amount must be reduced by 6% for each year that the member's age precedes 55 years of age. [PL 2025, c. 388, Pt. R, §7 (AMD).] C. [PL 1999, c. 731, Pt. CC, §6 (RP).] D. The service retirement benefit of a member who is a Maine State Prison employee to whom subsection 1, paragraph E applies, and who qualifies for service retirement benefits under subsection 2, paragraph B , must be computed under section 17852, subsection 1, paragraph A on the basis of all of the member's creditable service in the capacity specified in subsection 1, paragraph E regardless of whether the creditable service was earned before, on or after July 1, 1998, except that: (1) If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 10, paragraph C , subparagraphs (1) and (2); or (2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 10, paragraph C‑1 . [PL 2001, c. 409, §5 (RPR).] E. The service retirement benefit of a member to whom subsection 1, paragraph L applies and who qualifies for service retirement benefits under subsection 2 must be computed under section 17852, subsection 1, paragraph A on the basis of all of the member's creditable service in the capacity specified in subsection 1, paragraph L , regardless of when that creditable service was earned, except that for a member qualifying under subsection 2, paragraph B : (1) If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 3, paragraphs A and B for each year the member's age precedes 55 years of age; or (2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced by 6% for each year that the member's age precedes 55 years of age. [PL 2001, c. 409, §5 (NEW).] F. The service retirement benefit of a member to whom subsection 1, paragraph M applies and who qualifies for service retirement benefits under subsection 2 must be computed under section 17852, subsection 1, paragraph A on the basis of all of the member's creditable service in the capacity specified in subsection 1, paragraph M , regardless of when that creditable service was earned, except that for a member qualifying under subsection 2, paragraph B : (1) If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 3, paragraphs A and B for each year the member's age precedes 55 years of age; or (2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced by 6% for each year that the member's age precedes 55 years of age. [PL 2017, c. 439, §4 (NEW); PL 2017, c. 439, §5 (AFF).] G. The service retirement benefit of a member to whom subsection 1, paragraph R applies and who qualifies for service retirement benefits under subsection 2 must be computed under section 17852, subsection 1, paragraph A on the basis of all of the member's creditable service in the capacity specified in subsection 1, paragraph R , regardless of when that creditable service was earned, except that for a member qualifying under subsection 2, paragraph B : (1) If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 3, paragraphs A and B for each year the member's age precedes 55 years of age; or (2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced by 6% for each year that the member's age precedes 55 years of age. [PL 2025, c. 388, Pt. R, §8 (NEW).] [PL 2025, c. 388, Pt. R, §§6-8 (AMD).]

5. Contributions. Notwithstanding any provision of subchapter 3 to the contrary, after June 30, 1998 and before September 1, 2002 for employees identified in subsection 1, paragraphs A and B ; after June 30, 1998 for employees identified in subsection 1, paragraphs C to H ; after December 31, 1999 for employees identified in subsection 1, paragraphs I to K ; after December 31, 2001 for employees identified in subsection 1, paragraph L ; after June 30, 2002 for employees identified in subsection 1, paragraph M ; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P ; after September 30, 2021 for employees identified in subsection 1, paragraph Q ; and after September 30, 2025 for employees identified in subsection 1, paragraph R , a member in the capacities specified in subsection 1 must contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65% of earnable compensation until the member has completed 25 years of creditable service as provided in this section and at the rate of 7.65% thereafter. [PL 2025, c. 388, Pt. R, §9 (AMD).]

6. Consequences of participation in retirement plan under section 17851, subsection 5-A, 6-A or 8-A. Notwithstanding any other provision of law, a member in the capacities specified in subsection 1 who, prior to July 1, 1998 elected the retirement option provided in section 17851, subsection 5‑A , 6‑A or 8‑A is treated as follows under the 1998 Special Plan. A. A member who made the election at the time of first employment in a position covered under section 17851, subsection 5‑A , 6‑A and 8‑A is considered to be a member under the 1998 Special Plan as of the date of hire. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §158 (AMD).] B. A member who was serving in a position covered under section 17851, subsection 5‑A , 6‑A or 8‑A at the time of the election and who elected to participate in the retirement option prospectively from the time of election is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §158 (AMD).] C. A member who was serving in a position covered under section 17851, subsection 5‑A , 6‑A or 8‑A at the time of the election and who elected to participate in the retirement option prospectively from the time of election and also elected to purchase credit for service earned while serving in the same capacity before exercising the election is considered to be a member under the 1998 Special Plan as of the beginning date of the service for which credit is purchased, provided that all of the payments required under section 17852, subsection 5‑A , 6‑A or 7‑A are made before retirement. If all the required payments are not made before retirement, that member is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §158 (AMD).] Employee contributions and actuarial and administrative costs paid to the State Employee and Teacher Retirement Program by a member covered by this subsection may not be returned to that member, except that these employee contributions may be refunded to a member who terminates service and requests a refund under section 17705‑A . [PL 2007, c. 491, §158 (AMD).]

6-A. Consequences of participation in retirement plan under section 17851, subsection 12 or 13. A member in the capacities specified in subsection 1, paragraphs J and K who, prior to January 1, 2000, elected the retirement option provided in section 17851, subsection 12 or 13 is treated as follows under the 1998 Special Plan. A. A member who made the election at the time of first employment in a position covered under section 17851, subsection 12 or 13 is considered to be a member under the 1998 Special Plan as of the date of hire. Beginning January 1, 2000, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §159 (AMD).] B. A member who was serving in a position covered under section 17851, subsection 12 or 13 at the time of the election and who elected to participate in the retirement option prospectively from the time of election is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning January 1, 2000, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §159 (AMD).] C. A member who was serving in a position covered under section 17851, subsection 12 or 13 at the time of the election and who elected to participate in the retirement option prospectively from the time of election and also elected to purchase credit for service earned while serving in the same capacity before exercising the election is considered to be a member under the 1998 Special Plan as of the beginning date of the service for which credit is purchased, as long as all of the payments required under section 17852, subsection 12 or 13 are made before retirement. If all the required payments are not made before retirement, that member is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning January 1, 2000, for employees identified in subsection 1, paragraphs J and K , a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2007, c. 491, §159 (AMD).] Employee contributions and actuarial and administrative costs paid to the State Employee and Teacher Retirement Program by a member covered by this subsection may not be returned to that member, except that these employee contributions may be refunded to a member who terminates service and requests a refund under section 17705‑A . [PL 2007, c. 491, §159 (AMD).]

6-B. Consequences of participation in retirement plan under section 17851, subsection 14. A member in the capacity specified in subsection 1, paragraph O who, prior to July 1, 2020, elected the retirement option provided in section 17851, subsection 14 is treated as follows under the 1998 Special Plan. A. A member who made the election at the time of first employment in a position covered under section 17851, subsection 14 is considered to be a member under the 1998 Special Plan as of the date of hire. Beginning July 1, 2020, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2019, c. 541, §10 (NEW).] B. A member who was serving in a position covered under section 17851, subsection 14 at the time of the election and who elected to participate in the retirement option prospectively from the time of election is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 2020, a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2019, c. 541, §10 (NEW).] C. A member who was serving in a position covered under section 17851, subsection 14 at the time of the election and who elected to participate in the retirement option prospectively from the time of election and also elected to purchase credit for service earned while serving in the same capacity before exercising the election is considered to be a member under the 1998 Special Plan as of the beginning date of the service for which credit is purchased, as long as all of the payments required under section 17852, subsection 15 are made before retirement. If all the required payments are not made before retirement, that member is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 2020, for employees identified in subsection 1, paragraph O , a member covered by this paragraph shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. [PL 2021, c. 293, Pt. B, §3 (AMD).] Employee contributions and actuarial and administrative costs paid to the State Employee and Teacher Retirement Program by a member covered by this subsection may not be returned to that member, except that these employee contributions may be refunded to a member who terminates service and requests a refund under section 17705‑A . [PL 2021, c. 293, Pt. B, §3 (AMD).]
5 M.R.S. § 197 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 197
5 §197. State criminal inspectors; clerks; office expenses
Status: in_force

The Attorney General is authorized to employ in the Office of the Attorney General, in addition to the officers named in section 196, state criminal inspectors and additional clerks as the business of the office may demand, whose appointment and compensation is subject to the Civil Service Law. The Attorney General may incur a reasonable expense for postage, printing, stationery and other office expenses. [RR 2023, c. 2, Pt. B, §29 (COR).]
5 M.R.S. § 18460 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18460
5 §18460. Discontinuation and substitution of benefits
Status: in_force

A participating local district electing retirement programs under section 18453, subsections 1 to 9 , may, by filing with the board a duly certified copy of its action: [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Discontinue benefits. Discontinue any benefit under any of those subsections to any person qualifying for the benefit who was hired after the effective date of the district's action; and [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Substitution of benefits. Substitute for the discontinued benefit any other benefit provided in this Part. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 25010 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25010
5 §25010. Federal and state funds
Status: in_force

The commission may accept funds from the Federal Government, from a political subdivision of the State or from an individual, a foundation or a corporation and may expend funds for purposes that are consistent with this chapter. Funds received under this section must be deposited in an account maintained by the commission to support the work of the commission. [PL 2021, c. 436, §8 (AMD).]
5 M.R.S. § 1545 — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1545
5 §1545. Reproduction of certain documents authorized
Status: in_force

The State Controller is authorized to cause to be made, at the expense of the State, by any photostatic, photographic, microfilm or other mechanical process that produces a clear, accurate and permanent copy or reproduction thereof, copies of any part or all of the state cancelled checks, vouchers and other documents on file in the Office of the State Controller or the Office of the Treasurer of State. Any records created by or provided to the State containing information about outstanding, unpaid checks issued by the State are confidential and not available for public inspection to the extent that the State Controller and the Treasurer of State determine that confidentiality is necessary to protect the interests of the payee, the State and the public welfare. [PL 1997, c. 124, §1 (AMD); PL 2003, c. 600, §4 (REV).]
5 M.R.S. § 3111 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3111
5 §3111. Office of New Americans Advisory Council
Status: in_force

The Office of New Americans Advisory Council, as established in section 12004‑I, subsection 6‑K , is created as an advisory council to the Office of New Americans established in section 3110 on matters affecting the long-term economic and civic integration of immigrants in the State. [PL 2023, c. 643, Pt. FF, §2 (NEW).]

1. Duties of advisory council. The advisory council shall advise the Office of New Americans on matters affecting the long-term economic and civic integration of immigrants in the State. [PL 2023, c. 643, Pt. FF, §2 (NEW).]

2. Membership. The advisory council consists of 24 members as follows: A. Two members of the Senate, appointed by the President of the Senate, including a member from each of the 2 parties holding the largest number of seats in the Legislature; [PL 2023, c. 643, Pt. FF, §2 (NEW).] B. Two members of the House of Representatives, appointed by the Speaker of the House, including a member from each of the 2 parties holding the largest number of seats in the Legislature; [PL 2023, c. 643, Pt. FF, §2 (NEW).] C. Three members appointed by the President of the Senate representing the following: (1) A school administrative unit; (2) An adult education program; and (3) A small business; [PL 2023, c. 643, Pt. FF, §2 (NEW).] D. Three members appointed by the Speaker of the House representing the following: (1) An organization providing refugee resettlement services; (2) A provider of legal assistance to immigrants; and (3) A municipality; [PL 2023, c. 643, Pt. FF, §2 (NEW).] E. At least 10 members who are immigrants, 8 appointed by the Governor, one appointed by the President of the Senate and one appointed by the Speaker of the House; and [PL 2023, c. 643, Pt. FF, §2 (NEW).] F. Four members appointed by the Governor representing the following: (1) A large business; (2) A business or organization with demonstrated expertise in housing assistance or housing production; (3) An organization with demonstrated expertise in workforce development; and (4) An employer with demonstrated experience providing immigrant apprenticeship opportunities, support and training programs. [PL 2023, c. 643, Pt. FF, §2 (NEW).] In making appointments of members to the advisory council, the appointing authorities shall make a good faith effort to ensure that the members of the advisory council reflect geographic, gender, ethnic and racial diversity. [PL 2023, c. 643, Pt. FF, §2 (NEW).]

3. Terms of office; removal. Legislative members of the advisory council serve a term not to exceed their term in office, except that a legislative member may be appointed for successive terms. Nonlegislative members serve 3-year terms and may be reappointed. A vacancy for an unexpired term must be filled in accordance with subsection 2 . A member may serve until a replacement is appointed. The Governor may terminate the membership of any appointee for good cause. The reason for the termination must be communicated in writing to a member whose membership is terminated. The membership of any member must be terminated if the member is absent from 3 consecutive meetings without communicating good cause to a chair of the advisory council. [PL 2023, c. 643, Pt. FF, §2 (NEW).]

4. Cochairs. The Governor shall appoint 2 cochairs from among the members appointed and serving pursuant to subsection 2 . [PL 2023, c. 643, Pt. FF, §2 (NEW).]

5. Meetings; staffing. The advisory council shall meet at the discretion of the cochairs. Meetings may be cancelled or postponed at the discretion of the cochairs. All meetings of the advisory council are public proceedings within the meaning of Title 1, chapter 13, subchapter 1 . The Office of New Americans shall provide staffing services as necessary to the advisory council. [PL 2023, c. 643, Pt. FF, §2 (NEW).]

6. Compensation; expenses. Members of the advisory council not otherwise compensated by their employer or the entity they represent for their time serving on the council may be compensated for their time and reimbursed for expenses, to the extent resources are available. The Office of New Americans shall determine the amount and manner of compensation and reimbursement for expenses. [PL 2023, c. 643, Pt. FF, §2 (NEW).]
5 M.R.S. § 194 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194
5 §194. Public charities
Status: in_force

1. Definition. As used in this section and sections 194‑A to 194‑H and section 194‑K , "public charity" means an entity formed primarily for charitable purposes, including but not limited to: A. A corporation formed under Title 13 or Title 13‑B primarily for charitable purposes; and [PL 2001, c. 550, Pt. A, §1 (NEW).] B. A charitable trust. [PL 2001, c. 550, Pt. A, §1 (NEW).] [PL 2003, c. 171, §1 (AMD).]

2. Application; funds. The Attorney General shall enforce due application of funds given or appropriated to public charities within the State and prevent breaches of trust in the administration of public charities. [PL 2001, c. 550, Pt. A, §1 (NEW).]

3. Gift. A gift to a public charity made for a public charitable purpose is deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in writing in the gift instrument. [PL 2001, c. 550, Pt. A, §1 (NEW).]

4. Party to proceedings. The Attorney General must be made a party to all judicial proceedings in which the Attorney General is interested in the performance of the Attorney General's duties under subsection 2 . [PL 2001, c. 550, Pt. A, §1 (NEW).]

5. Investigation. The Attorney General may conduct an investigation using the methods set forth in subsections 6 and 7 if: A. The Attorney General reasonably believes that a public charity has engaged or is about to engage in one of the following acts or practices: (1) Consummation of a conversion transaction as defined in section 194‑B without compliance with the applicable provisions of sections 194‑C through 194‑H ; or (2) The application of funds or assets of a public charity: (a) In violation of statute; (b) For noncharitable purposes unrelated to the operations of the public charity; or (c) For private inurement or excess benefits provided to directors, officers, disqualified persons or others deemed insiders under applicable federal law for tax-exempt organizations; and [RR 2001, c. 2, Pt. A, §5 (COR).] B. The Attorney General has applied to a Justice of the Superior Court for approval to conduct the investigation and the justice has granted that approval. The application for approval may be filed ex parte, and the justice shall approve the application if the justice finds that the conditions set forth in paragraph A have been met. [PL 2001, c. 550, Pt. A, §1 (NEW).] [RR 2001, c. 2, Pt. A, §5 (COR).]

6. Scope and powers related to investigation. The authority of the Attorney General to conduct an investigation under this section is limited to investigation of the acts or practices described in subsection 5, paragraph A . In conducting the investigation, the Attorney General has authority to: A. Take testimony under oath; [PL 2001, c. 550, Pt. A, §1 (NEW).] B. Examine or cause to be examined any documentary material of whatever nature relevant to such acts or practices; and [PL 2001, c. 550, Pt. A, §1 (NEW).] C. Require attendance during examination of documentary material under paragraph B of any person having knowledge of the documentary material and take testimony under oath or acknowledgement in respect to that documentary material. [PL 2001, c. 550, Pt. A, §1 (NEW).] [PL 2001, c. 550, Pt. A, §1 (NEW).]

7. Taking testimony; examining documents. The taking of testimony and examination under subsection 6 must take place in the county where the testifying person resides or has a place of business or, if the parties consent or the testifying person is a nonresident or has no place of business within the State, in Kennebec County. A. Notice of the time, place and cause of the taking of testimony, examination or attendance under this subsection must be given by the Attorney General at least 30 days prior to the date of the taking of testimony or examination, except that, upon application and good cause shown, a Justice of the Superior Court may order a shorter period of notice, but not less than 10 days. [PL 2001, c. 550, Pt. A, §1 (NEW).] B. Service of a notice under paragraph A may be made by: (1) Delivering a duly executed copy of the notice to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) Delivering a duly executed copy of the notice to the principal place of business in this State of the person to be served; or (3) Mailing by registered or certified mail a duly executed copy of the notice, addressed to the person to be served, to the person's principal place of business. [PL 2001, c. 550, Pt. A, §1 (NEW).] C. Each notice under this subsection must: (1) State the time and place for the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person; (2) State the general subject matter of the investigation, the alleged violation that is under investigation and the title and section of statute, if any, governing the alleged violation; (3) Describe the class or classes of documentary material to be produced with reasonable specificity to fairly indicate the material demanded; (4) Prescribe a return date by which the documentary material must be produced; and (5) Identify the members of the Attorney General's staff to whom the documentary material must be made available for inspection and copying. [PL 2001, c. 550, Pt. A, §1 (NEW).] D. A notice to produce documentary information or to give testimony under this subsection may not contain a requirement that would be unreasonable if contained in a subpoena duces tecum issued by a court of the State and may not require the disclosure of any documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum issued by a court of the State. [PL 2001, c. 550, Pt. A, §1 (NEW).] E. Any documentary material or other information produced by a person pursuant to this subsection and subsection 6 may not, unless otherwise ordered by a court of the State for good cause shown, be disclosed to a person other than an authorized agent or representative of the Attorney General unless with the consent of the person producing the documentary material. [RR 2001, c. 2, Pt. A, §6 (COR).] F. The Superior Court for Kennebec County or a Superior Court in any other county in which a person who is served notice pursuant to this section resides or has that person's usual place of business may issue orders concerning compliance with the notice, modification or quashing of the notice and contempt in the same manner as if the notice were a subpoena governed by Rule 45 of the Maine Rules of Civil Procedure. The recipient of a notice under this section has the protections accorded by Rule 45 to a person who is subject to a subpoena. [PL 2001, c. 550, Pt. A, §1 (NEW).] [RR 2001, c. 2, Pt. A, §6 (COR).]

8. Authority regarding conversion proceedings. If a public charity files notice of a conversion transaction under section 194‑D or applies for approval of such a transaction under section 194‑E or 194‑F , the authority of the Attorney General with regard to the notice or approval and the proceedings for approval are governed by sections 194‑B to 194‑K and the provisions of this section do not apply. [PL 2001, c. 550, Pt. A, §1 (NEW).]

9. Notice to the Superintendent of Insurance. If the Attorney General intends to conduct an investigation of a public charity that is subject to regulation by the Superintendent of Insurance, the Attorney General shall notify the superintendent that an investigation is being initiated. The Attorney General shall also notify the superintendent of the resolution of any such investigation. [PL 2001, c. 550, Pt. A, §1 (NEW).]
5 M.R.S. § 1825-G — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-G
5 §1825-G. Failure to act
Status: in_force

Failure or refusal of the Chief Procurement Officer to adopt rules under this subchapter is sufficient grounds for an aggrieved person to request judicial review of agency rulemaking pursuant to section 8058 . In the event that a judicial declaration of an invalid rule is made under this section and section 8058 , the contract or grant award under appeal becomes immediately void and of no legal effect. [PL 2023, c. 516, Pt. B, §27 (AMD).]
5 M.R.S. § 150-A — ME Code / Title 5 / Part 1 / Chapter 7 / Section 150-A
5 §150-A. Short-term borrowing in anticipation of federal transportation funds
Status: in_force

The Treasurer of State, with the approval of the Governor, may from time to time negotiate a temporary loan or loans in anticipation of federal transportation funds, as long as the term of the loans does not exceed 12 months and the aggregate principal amount of all notes issued in a federal fiscal year does not exceed 50% of the total of transportation funds appropriated by the Federal Government in the prior federal fiscal year. The obligation to repay the notes must be a limited obligation of the State, payment of which may not be secured by a pledge of the faith and credit of the State or of a municipality or political subdivision but is payable solely from federal transportation funds, and a note must contain on its face a statement to that effect. A note may not directly, indirectly or contingently obligate the State or a municipality or political subdivision to levy or to pledge any form of taxation whatever for a payment on a note or to make an appropriation for payment of a note. Proceeds of a note must be used for highways, roads, bridges, other transportation improvements and related and subordinate facilities. A note must be dated, delivered, bear interest at a rate or rates and mature at a time or times not exceeding 12 months from the date of delivery, as may be determined by the Treasurer of State with the approval of the Governor, and may be made redeemable before maturity, at the option of the Treasurer of State with the approval of the Governor, at a price or prices and under terms and conditions as may be fixed by the Treasurer of State with the approval of the Governor. The Treasurer of State with the approval of the Governor may enter into an indenture or other agreement necessary for issuing a note. The Commissioner of Transportation, at the request of the Treasurer of State with the approval of the Governor, may enter into an agreement necessary for issuing a note. A note and the income from that note are exempt from all taxation within the State. [PL 2001, c. 565, Pt. G, §1 (NEW); PL 2001, c. 565, Pt. G, §2 (AFF).]

As used in this section, unless the context otherwise indicates, "note" means a bond, note or other obligation issued to evidence a loan negotiated pursuant to this section in anticipation of federal transportation funds. "Federal transportation funds" means federal funds used for transportation purposes including funds administered by or through the United States Department of Transportation. [PL 2001, c. 565, Pt. G, §1 (NEW); PL 2001, c. 565, Pt. G, §2 (AFF).]
5 M.R.S. § 261 — ME Code / Title 5 / Part 1 / Chapter 12-A / Section 261
5 §261. Office created
Status: in_force

The Office of the Maine-Canada Trade Ombudsman is established within the Executive Department and is autonomous from any other state agency. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]
5 M.R.S. § 54 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 54
5 §54. Electronic filing
Status: in_force

Every state agency, department, board, commission, institution, authority or public instrumentality that requires filing of information by businesses or the public: [PL 1999, c. 446, §1 (NEW).]

1. Forms. Shall have the filing forms available for downloading from the Internet. This subsection takes effect June 1, 2000; and [PL 1999, c. 790, Pt. A, §1 (AMD).]

2. Inventory. Shall maintain an inventory of the forms available on the Internet. [PL 1999, c. 446, §1 (NEW).]
5 M.R.S. § 6203-E — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-E
5 §6203-E. Conservation and Recreation Fund
Status: in_force

1. Fund established. There is established the Conservation and Recreation Fund that is administered by the board. The Conservation and Recreation Fund consists of the proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and funds received as contributions from private and public sources for those purposes. The Conservation and Recreation Fund must be held separate and apart from all other money, funds and accounts, except that eligible investment earnings credited to the assets of the Conservation and Recreation Fund become part of the assets of the Land for Maine's Future Trust Fund. Any balance remaining in the Conservation and Recreation Fund at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 284, §9 (NEW).]

2. Grants; matching funds. The board may make grants to state agencies and cooperating entities for the purposes identified in subsection 3 . For each grant made under this subsection, the board shall require the grant recipient to provide matching funds at least equal to the amount of the grant. Grants must be made according to rules adopted by the board. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2025, c. 471, Pt. A, §6 (AMD).]

3. Fund proceeds. The proceeds of the Conservation and Recreation Fund may be applied and expended to: A. Acquire property or an interest in property that is determined by the board to be of statewide significance or for a community conservation project under the guidelines of this chapter; [PL 2023, c. 284, §9 (NEW).] B. When interest in land is acquired with proceeds from the Conservation and Recreation Fund, fund minor capital improvements on such lands and on adjoining lands in the same ownership or under the same management to improve accessibility, as long as these improvements do not exceed 5% of the appraised value of the acquired property; [PL 2023, c. 284, §9 (NEW).] C. When land or interest in land is acquired with proceeds from the Conservation and Recreation Fund, fund minor capital investments in the stewardship and management of that land. Stewardship and management investments under this paragraph must be held in a dedicated stewardship endowment and identified for use on the funded property. Stewardship and management investments may not exceed 5% of the appraised value of the acquired property. For state agencies, these proceeds must be held in a separate interest-bearing Other Special Revenue Funds account within the Land for Maine's Future Trust Fund. Funds appropriated, allocated, transferred or deposited in the Conservation and Recreation Fund, Other Special Revenue Funds account accrue interest earnings that must be used for funding stewardship and management investments; and [PL 2023, c. 643, Pt. M, §1 (AMD).] D. When land or interest in land for deer wintering areas is acquired with proceeds from the Conservation and Recreation Fund pursuant to section 6207, subsection 2, paragraph E , fund the development of a management plan to provide for the land's continuing function as a deer wintering area, as long as the cost of the plan and any investments related to that land under paragraph C do not exceed 5% of the appraised value of the acquired property. A management plan developed under this paragraph may also apply to adjoining deer wintering areas in the same ownership or under the same management. [PL 2023, c. 284, §9 (NEW).] [PL 2023, c. 643, Pt. M, §1 (AMD).]
5 M.R.S. § 1826-C — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1826-C
5 §1826-C. Work center purchases
Status: in_force

1. Committee established. [PL 2007, c. 395, §3 (RP).]

2. Appointments; terms; compensation. [PL 2007, c. 395, §3 (RP).]

3. Powers and duties. [PL 2007, c. 395, §3 (RP).]

4. Work center purchases schedule. The director shall develop and use a work center purchases schedule. The director shall: A. Identify and develop a list of all products and services purchased or scheduled to be purchased by State Government; [PL 1985, c. 359, §3 (NEW).] B. Identify and develop a list of all work centers in the State, including a description of the products and services work centers are currently providing or have recently provided and including an assessment of the products and services that work centers are capable of providing, but have not recently provided; and [PL 1985, c. 359, §3 (NEW).] C. Develop from the information obtained in paragraphs A and B a work center purchases schedule that describes all products and services to be purchased by the State that, in the view of the director, could be provided by work centers. In developing this schedule, the director shall give consideration to the abilities of work centers to meet contract requirements and to meet generally accepted quality control standards and any potential technical assistance that may be required to enable a work center to compete fairly for contracts, pursuant to this subchapter. [PL 2007, c. 395, §3 (AMD).] [PL 2007, c. 395, §3 (AMD).]

5. Competitive bidding. The director shall develop procedures for competitive bidding by eligible work centers only for products and services identified on the work center purchase schedule. If no bid is received from a work center for any product or service on the schedule, the director shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director and the Department of Corrections do not come to agreement, the product or service must be put out to general bid by the director, in accordance with standard rules and procedures. If only one work center bid is received, the director shall review the bid and make a determination regarding the fairness of the price and terms of the proposed contract. If the director determines that the work center may not be awarded this bid, the director shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director and the Department of Corrections do not come to agreement, the contract must be offered for standard competitive bid by the director in accordance with standard rules and procedures. [PL 2007, c. 395, §3 (AMD).]

6. Award of contracts; fair price. The director has final determination in awarding contracts to work centers through the competitive bidding process. The director's judgment prevails in the determination that the price and contract terms are fair and reasonable both to the work center and to the State. In determining a fair price, the director shall ensure the ability of the work center to recover the costs of labor, material, equipment, overhead and delivery. [PL 2007, c. 395, §3 (AMD).]

7. Assignment of contracts. The director shall ensure that contracts awarded to work centers may not be assigned to any other vendor, except as may be necessary to complete the contracts, because of extraordinary events beyond the control of the work centers. Any additional costs incurred because of these assignments must be borne by the work center as a normal cost of doing business. [PL 2007, c. 395, §3 (AMD).]
5 M.R.S. § 17435 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17435
5 §17435. Duties of the trustees of the investment trust fund
Status: in_force

The trustees of the investment trust fund have the following duties. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

1. Manage assets. The trustees of the investment trust fund shall hold, invest, reinvest and manage assets appropriated to the investment trust fund and all other assets of the investment trust fund for the sole benefit of the Irrevocable Trust Fund for Other Post-employment Benefits established in section 286-B and may not encumber, invest, divest or disburse the funds for any other purpose. The trustees of the investment trust fund have full power to hold, purchase, sell, assign, transfer and dispose of any such assets and investments and will provide for all necessary services with respect to such assets. The primary goals of the investment trust fund are the preservation and growth of principal in accordance with long-term investment assumptions established from time to time by the Board of Trustees of the Maine Public Employees Retirement System for the defined benefits plans of the system, as considered appropriate by the trustees of the investment trust fund. [PL 2007, c. 58, §3 (REV); PL 2007, c. 240, Pt. RRR, §2 (NEW).]

2. Investment policy. Except as provided in subsection 3 , the trustees of the investment trust fund shall determine and revise as necessary an appropriate investment trust fund investment policy, including but not limited to provisions for asset allocation and investment strategy. This policy must take into account the following factors as established by the trustees of the Irrevocable Trust Fund for Other Post-employment Benefits established in section 286-B, subsection 2 and as may be revised in the investment trust fund agreement from time to time: A. A long-term time horizon for the assets of the investment trust fund; [PL 2007, c. 240, Pt. RRR, §2 (NEW).] B. A funding plan; and [PL 2007, c. 240, Pt. RRR, §2 (NEW).] C. A projected disbursement schedule that does not begin before the year 2027. [PL 2007, c. 240, Pt. RRR, §2 (NEW).] [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

3. Transfer of funds before policy established. Any funds transferred to the investment trust fund prior to the establishment of the investment policy in subsection 2 must be held and transitionally invested in a prudent manner as determined by the trustees of the investment trust fund. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

4. Investment and management of assets. The trustees of the investment trust fund shall invest and manage the assets of the investment trust fund in accordance with the requirements of subsections 1 and 2 and with the reasonable care, skill and expertise of a prudent investor. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

5. Investment expenses. The trustees of the investment trust fund may incur reasonable investment expenses payable from the assets of the investment trust fund, including but not limited to services of investment managers, investment consultants, actuaries, investment counsel, banks and trust companies and other investment professionals or advisors as they consider necessary and prudent in determining investment policy, in investing funds and in liquidating assets. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

6. Disbursement of funds. The trustees of the investment trust fund may disburse funds from the investment trust fund only to the Irrevocable Trust Fund for Other Post-employment Benefits as established in section 286‑B, subsection 2 . The trustees of the Irrevocable Trust Fund for Other Post-employment Benefits must present jointly a lawful payment order. The trustees of the investment trust fund have no responsibility to ensure that the stated use or actual use by the trustees of the Irrevocable Trust Fund for Other Post-employment Benefits of such money is to fund retiree health benefits. The trustees of the investment trust fund's duties under the investment trust fund are discharged by disbursing money under the terms of this subsection. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

7. Report. The trustees of the investment trust fund shall provide annually a report to the State, the trustees of the Irrevocable Trust Fund for Other Post-employment Benefits established in section 286‑B, subsection 2 and the joint standing committee of the Legislature having jurisdiction over the system and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The trustees of the investment trust fund shall provide quarterly to the trustees of the Irrevocable Trust Fund for Other Post-employment Benefits a report of the performance of the investment trust fund. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]
5 M.R.S. § 17766 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17766
5 §17766. Service credit for educational leave (REALLOCATED FROM TITLE 5, SECTION 17765)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 17765)

A member may purchase service credit for the period during which the member took an unpaid or partially paid educational leave pursuant to the Maine Educational Leave Act under the following conditions. [RR 1997, c. 1, §4 (RAL).]

1. Payment. The member must, before any retirement benefit becomes effective, pay into the Members' Contribution Fund by a single payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional service credit purchased under this section. Payments must be made as provided in section 17701, subsection 4 . If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 2007, c. 491, §145 (AMD).]

2. Limitation on use of purchased service credit. Notwithstanding any other provision of law, service credit purchased under this section may be used only for the purpose of increasing the amount of a member's service retirement benefit by inclusion of the purchased service credit and may not be used to establish a member's qualification for a service retirement benefit. [RR 1997, c. 1, §4 (RAL).]

3. Return to employment. The member must have returned to state employment after completion of the educational leave. [RR 1997, c. 1, §4 (RAL).]
5 M.R.S. § 246 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 246
5 §246. Administration of the Unorganized Territory Education and Services Fund
Status: in_force

1. Position created. There is created within the Office of the State Auditor the position of fiscal administrator of the unorganized territory. The fiscal administrator must be a person qualified by education or experience in the administration of budgets. The position is subject to the Civil Service Law. [PL 2013, c. 16, §8 (AMD).]

2. Duties. The fiscal administrator of the unorganized territory shall have the following duties: A. To review, analyze and investigate the budgets and expenditures of all counties and state agencies requesting funds under Title 36, chapter 115 ; [PL 1985, c. 459, Pt. C, §1 (NEW).] B. To prepare and submit, by March 1st, annually, a report of the fiscal administrator's review, analysis and investigation to the joint standing committee of the Legislature having jurisdiction over taxation, each Legislator representing a county containing unorganized territory and the office of the county commissioners of each county having unorganized territory. The report must contain sufficient detail to explain fully each agency or county request and may contain recommendations by the administrator regarding legislative or administrative action. This report must also include information relating to development districts under consideration or approved by the county commissioners under Title 30‑A, section 5235 and provide details regarding costs and tax shifts resulting from or anticipated to result from the development district or proposed district; [PL 2007, c. 636, §1 (AMD).] C. To publish an annual financial report, signed by the administrator, as required by Title 36, section 1608 , and to make that report available to taxpayers in the unorganized territory upon request; [PL 1985, c. 459, Pt. C, §1 (NEW).] D. To attend public hearings, if necessary, on county budgets relating to the unorganized territory and to attend legislative hearings on bills relating to property taxes and the funding of services in the unorganized territory; [PL 1985, c. 459, Pt. C, §1 (NEW).] E. To design budget request forms to be used by counties and by agencies requesting funds under Title 36, chapter 115 ; [PL 1985, c. 459, Pt. C, §1 (NEW).] F. To design contract forms to be used by counties and state agencies for all contracted services; and [PL 1985, c. 459, Pt. C, §1 (NEW).] G. To design forms for agencies reporting actual annual expenses for reimbursement from the Unorganized Territory Education and Services Fund. [PL 1985, c. 459, Pt. C, §1 (NEW).] [PL 2007, c. 636, §1 (AMD).]

3. Legislation. The fiscal administrator shall prepare and submit legislation to the Legislature by March 1st, annually, providing for the requests made by counties and state agencies for services provided in the unorganized territory that are entitled to funding under Title 36, chapter 115 . The administrator may not reject or change a budget submitted by a county or state agency without the approval of the county or agency making the request. [PL 2009, c. 303, §1 (AMD).]

4. Investigation. In order to perform the duties described in this section, the fiscal administrator may inspect the records of any agency or county requesting funding from the Unorganized Territory Education and Services Fund. [PL 1985, c. 459, Pt. C, §1 (NEW).]

5. Funding. The costs of the positions and responsibilities required in this section shall be reimbursed from the Unorganized Territory Educational and Services Fund established under Title 36, chapter 115 . [PL 1985, c. 459, Pt. C, §1 (NEW).]
5 M.R.S. § 1761 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1761
5 §1761. Short title
Status: in_force

This subchapter may be cited as the "Energy Conservation in Buildings Act." [PL 1977, c. 563, §2 (RPR).]
5 M.R.S. § 17927 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17927
5 §17927. Rehabilitation
Status: in_force

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a condition of entering into an agreement to provide rehabilitation services, the chief executive officer must determine that rehabilitation is feasible, that rehabilitation is consistent with the purposes of this article, that the recipient is suitable for rehabilitation services and that rehabilitation services are likely to lead to substantially gainful activity. Services must be provided by private and public rehabilitation counselors, government agencies and others approved by the chief executive officer as qualified to provide rehabilitation services. The chief executive officer shall consider a rehabilitation counselor's rate of successfully placing rehabilitated employees in jobs relative to the placement rates of other counselors in the State as fundamental in deciding whether to approve the counselor as qualified. This section does not affect the ongoing requirement that a person remain disabled in order to continue to receive disability benefits. [PL 2021, c. 277, §24 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

For the purposes of this section, "person" means any person who is the recipient of a disability retirement benefit. [PL 2003, c. 387, §5 (NEW).]

1. Rehabilitation plan. If the chief executive officer makes the determinations necessary to provide rehabilitation services under this section and rehabilitation is agreed to by the parties, the retirement system shall designate a rehabilitation provider to evaluate the person and develop a rehabilitation plan. [PL 2003, c. 387, §5 (AMD); PL 2021, c. 548, §45 (REV).]

2. Costs. The chief executive officer may contract with rehabilitation providers to develop and carry out approved rehabilitation plans. A. Except as provided in paragraph B , the chief executive officer shall pay these providers from funds accumulated in the Retirement Allowance Fund, established under section 17251 . [PL 2003, c. 387, §5 (AMD); PL 2021, c. 548, §45 (REV).] B. If the person is entitled to other benefits to meet the cost of rehabilitation services, that person must first apply for and use those benefits to the extent available to pay for the goods and services provided. [PL 1989, c. 409, §§8, 12 (NEW).] [PL 2003, c. 387, §5 (AMD); PL 2021, c. 548, §45 (REV).]

3. Approval of rehabilitation plan. The chief executive officer and the person shall approve any rehabilitation plan developed under subsection 1 and shall indicate in writing their approval of and agreement to the rehabilitation plan. The person shall approve the plan within 30 days or, within that time period, submit to the executive director the name of an alternate provider for the chief executive officer's consideration. If the rehabilitation plan includes return to employment with the employer for whom the person worked before becoming disabled, the employer shall also indicate in writing approval of the plan. [PL 2003, c. 387, §5 (AMD); PL 2021, c. 548, §45 (REV).]

4. Decline of rehabilitation. [PL 2003, c. 387, §5 (RP).]

5. Monitoring of rehabilitation plan. Each rehabilitation plan approved by the chief executive officer shall contain a provision for periodic review of progress being made by the person toward achieving the goal of the plan and substantially gainful activity. The provision relating to review must include authority for the chief executive officer to terminate the plan or to amend the plan with the same provider or with a change of provider, based upon results of the review or at the request of the person or the provider. Subsections 1 , 2 and 3 apply to any amended plans under this subsection. A person is entitled to a single rehabilitation plan during the course of the person's incapacity, except when the person demonstrates that a termination of the plan was reasonable and for good cause. Any entitlement to amend a rehabilitation plan or establish a new plan ends with a determination by the chief executive officer that the person is no longer disabled. [PL 2003, c. 387, §5 (AMD); PL 2021, c. 548, §45 (REV).]

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

7. Other employment under system. A person is not required to accept employment that reasonably necessitates relocation or for which the person is not qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan. The disability retirement benefit may not be discontinued except as provided by section 17929 or until the person is reemployed consistent with this section. [PL 2003, c. 387, §5 (AMD).]
5 M.R.S. § 13080-E — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-E
5 §13080-E. Special utility districts
Status: in_force

The authority may form special utility districts and provide municipal utility services within its jurisdiction. The board of trustees of the authority has the authority of a municipal legislative body for these purposes. [PL 1993, c. 474, §1 (NEW).]

1. Sewer services. The authority may provide sewer services as a sanitary district under Title 38, chapter 11, subchapters III and IV . The authority may establish a board of trustees for the district and appoint the members of the board or may act as the trustees of the district. [PL 1993, c. 474, §1 (NEW).]

2. Solid waste disposal. The authority may provide solid waste disposal services as a refuse disposal district under Title 38, chapter 17 . The authority may establish a board of trustees for the district and appoint the members of the board or may act as the trustees of the district. [PL 1993, c. 474, §1 (NEW).]

3. Water. The authority may provide water as a water district under Title 35‑A, Part 6 . The authority may establish a board of trustees for the district and appoint the members of the board or may act as the trustees of the district. [PL 1993, c. 474, §1 (NEW).]

4. Revenue-producing services. The authority has all the powers of a municipality to provide services under Title 30‑A, chapter 213 . [PL 1993, c. 474, §1 (NEW).]
5 M.R.S. § 1749 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1749
5 §1749. Procedure for contractor
Status: in_force

Any contractor dissatisfied with the Director of the Bureau of General Services' decision under section 1747 may appeal the decision to the Commissioner of Administrative and Financial Services within 5 calendar days of the receipt of notice from the director that the contractor has been excluded from receiving plans and specifications or the director has refused to accept the contractor's bid. The appeal process must be conducted at the discretion of the commissioner, but must be completed and a final decision rendered within 5 calendar days after the contractor's written notice of appeal unless extended by the commissioner. The decision of the commissioner is final and binding. Any contractor who requests a hearing under this section must be allowed to receive plans and specifications for a particular duly advertised public improvement and bid on that improvement. The bid of any contractor submitted under this section may be disallowed upon final decision of the commissioner. [PL 1991, c. 780, Pt. Y, §60 (AMD).]

If, in the construction of any public work, including buildings, highways, bridges, dams and drainage structures that the State does by contract, there arises a dispute between the State and the contractor that can not be settled, this dispute must be submitted, at the discretion of the Director of the Bureau of General Services, to alternative dispute resolution or to binding arbitration. Either the State or the contractor may, if unsatisfied by the alternative dispute resolution process, submit the dispute to binding arbitration. [PL 1993, c. 49, §1 (AMD).]

Nothing in this section may apply to the construction, improvement or repair of any and all ways, roads and bridges with appurtenances or other public improvements which, by law, are under the supervision of the Department of Transportation. [PL 1989, c. 165, §1 (AMD).]
5 M.R.S. § 20054 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20054
5 §20054. Integrated treatment and recovery for families
Status: in_force

The department shall develop and fund housing-based programs employing evidence-based strategies in a holistic approach to recovery for vulnerable families affected by substance use disorder. The programs must treat mothers affected by substance use disorder who have at least one child under 10 years of age when entering the program in an integrated family care model. The programs must provide to a mother in the program stable housing and comprehensive services that support recovery and unification with that mother's children. Comprehensive services provided include all of the following: care coordination, health care, child care, early childhood education, home supports, after-school programming, parenting education, treatment for mental health and substance use disorder, postsecondary education, community-based transportation and employment supports. The programs must include coordinated data collection to assess long-term recovery outcomes, transition to employment and independence for mothers participating in the programs. [PL 2019, c. 501, §5 (AMD).]
5 M.R.S. § 17106-A — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17106-A
5 §17106-A. Use of hearing officers
Status: in_force

The board shall contract with qualified attorneys to act as hearing officers to implement the provisions of this chapter. Hearing officers are subject to the provisions of this section. Hearing officers are not employees of the board but independent contractors who serve as neutral and independent decision makers. [PL 2021, c. 277, §16 (AMD); PL 2021, c. 277, §45 (AFF).]

1. Independent decision makers. All hearing officers are independent decision makers and are authorized to make recommended final decisions in regard to matters that come before them, consistent with applicable statutes and rules. A decision of the hearing officer must be based upon the record as a whole. The board shall accept the recommended decision of the hearing officer unless the recommended decision is not supported by the record as a whole, the retirement system is advised by the Attorney General that the hearing officer has made an error of law or the decision exceeds the authority or jurisdiction conferred upon the hearing officer. A decision of the board upon a recommended decision of the hearing officer constitutes final agency action. The board shall retain its decision-making authority in all retirement system policy areas. [PL 2009, c. 322, §7 (NEW).]

2. No direct or indirect influence. A party to the appeal, including the appellant, the board, the chief executive officer or the staff of the board may not exert direct or indirect influence on a hearing officer with regard to decisions of the hearing officer or the decision-making process. [PL 2009, c. 322, §7 (NEW); PL 2021, c. 548, §45 (REV).]

3. Decision-making process. In the course of the decision-making process, hearing officers may accept, reject or determine the amount of weight to be given any information offered into evidence, including, but not limited to, medical evidence submitted by any of the parties to the appeal. [PL 2009, c. 322, §7 (NEW).]

4. Discussion of issues before the hearing officers. All parties to an appeal, including the appellant, the board, the chief executive officer and the retirement system staff are prohibited from ex parte communication with the hearing officer. All parties, including the appellant, the board, the chief executive officer and the retirement system staff are prohibited from initiating or engaging in any discussion with a hearing officer regarding the substance of any pending case without first making all parties aware of the proposed contact and without also giving all parties the opportunity to participate in any communication. [PL 2009, c. 322, §7 (NEW); PL 2021, c. 548, §45 (REV).]

5. Investigation. The joint standing committee of the Legislature having jurisdiction over public employee retirement matters shall monitor the compliance of the retirement system and all involved parties with regard to the use of hearing officers and the independence of hearing officers in the decision-making process. The joint standing committee of the Legislature having jurisdiction over public employee retirement matters may request the Attorney General to conduct an investigation if a complaint is made by a hearing officer or any participating party regarding the independence of the hearing process. [PL 2017, c. 88, §17 (AMD).]

6. Engagement and termination. The board shall contract with only qualified hearing officers. A contract with a hearing officer may be terminated for misconduct. Retaliatory action of any kind, including reprimand or termination, may not be taken against a hearing officer on the basis of that hearing officer's having issued decisions contrary to the decision of the chief executive officer. In the event of termination, the retirement system shall set forth in writing the basis for the termination, the propriety of which may then be considered by the joint standing committee of the Legislature having jurisdiction over public employee retirement matters pursuant to subsection 5 . [PL 2021, c. 277, §17 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 4613 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4613
5 §4613. Procedure in Superior Court
Status: in_force

1. Actions filed by commission. Any such action filed by the commission shall be heard by the Superior Court and may be advanced on the docket and receive priority over other civil cases where the court shall determine that the interests of justice so require. Except as otherwise provided in this chapter, the court shall hear the case and grant relief as in other civil actions for injunctions. Any such action shall be brought in the name of the commission for the use of the victim of the alleged discrimination or of a described class, and the commission shall furnish counsel for the prosecution thereof. Any person aggrieved by the alleged discrimination may intervene in such an action. In no such action brought by the commission shall any injunction bond be required, nor shall damages be assessed for the wrongful issuance of an injunction. [PL 1979, c. 541, Pt. A, §40 (AMD).]

2. All actions under this Act. In any action filed under this Act by the commission or by any other person: A. Where any person who has been the subject of alleged unlawful housing discrimination has not acquired substitute housing, temporary injunctions against the sale or rental to others of the housing accommodation as to which the violation allegedly occurred, and against the sale or rental of other housing accommodations controlled by the alleged violator shall be liberally granted in the interests of furthering the purposes of this Act, when it appears probable that the plaintiff will succeed upon final disposition of the case. [PL 1971, c. 501, §1 (NEW).] B. If the court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or remedies for that discrimination. The remedies may include, but are not limited to: (1) An order to cease and desist from the unlawful practices specified in the order; (2) An order to employ or reinstate a victim of unlawful employment discrimination, with or without back pay; (3) An order to accept or reinstate such a person in a union; (4) An order to rent or sell a specified housing accommodation, or one substantially identical to that accommodation if controlled by the respondent, to a victim of unlawful housing discrimination; (5) An order requiring the disclosure of the locations and descriptions of all housing accommodations that the violator has the right to sell, rent, lease or manage and forbidding the sale, rental or lease of those housing accommodations until the violator has given security to ensure compliance with any order entered against the violator and with all provisions of this Act. An order may continue the court's jurisdiction until the violator has demonstrated compliance and may defer decision on some or all relief until after a probationary period and a further hearing on the violator's conduct during that period; (6) An order to pay the victim, in cases of unlawful price discrimination, 3 times the amount of any excessive price demanded and paid by reason of that unlawful discrimination; (7) An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or, if the commission brings action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph; (8) In cases of intentional employment discrimination with respondents who have more than 14 employees, compensatory and punitive damages as provided in this subparagraph. (a) In an action brought by a complaining party under section 4612 and this section against a respondent who engaged in unlawful intentional discrimination prohibited under sections 4571 to 4575 , if the complaining party can not recover under 42 United States Code, Section 1981 (1994), the complaining party may recover compensatory and punitive damages as allowed in this subparagraph in addition to any relief authorized elsewhere in this subsection from the respondent. (b) When a discriminatory practice involves the provision of a reasonable accommodation, damages may not be awarded under this subparagraph when the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide that individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business. (c) A complaining party may recover punitive damages under this subparagraph against a respondent if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the rights of an aggrieved individual protected by this Act. (d) Compensatory damages awarded under this subparagraph do not include back pay, interest on back pay or any other type of relief authorized elsewhere under this subsection. (e) The sum of compensatory damages awarded under this subparagraph for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed for each complaining party: (i) In the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; (ii) In the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000; (iii) In the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $500,000; and (iv) In the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $1,000,000. (f) Nothing in this subparagraph may be construed to limit the scope of, or the relief available under, 42 United States Code, Section 1981 (1994). (g) If a complaining party seeks compensatory or punitive damages under this subparagraph, any party may demand a trial by jury, and the court may not inform the jury of the limitations described in division (e). (h) This subparagraph does not apply to recoveries for a practice that is unlawful only because of its disparate impact. (i) Punitive damages may not be included in a judgment or award against a governmental entity, as defined in Title 14, section 8102, subsection 2 , or against an employee of a governmental entity based on a claim that arises out of an act or omission occurring within the course or scope of that employee's employment; and (9) In addition to other remedies in subparagraphs (1) to (8), an order to pay actual and punitive damages in the case of discriminatory housing practices. This subparagraph is not intended to limit actual damages available to a plaintiff alleging other discrimination if the remedy of actual damages is otherwise available under this Act. Punitive damages under this subparagraph may not be included in a judgment or award against a governmental entity, as defined in Title 14, section 8102, subsection 2 , or against an employee of a governmental entity based on a claim that arises out of an act or omission occurring within the course or scope of that employee's employment; [PL 2023, c. 263, §1 (AMD).] C. The action must be commenced not more than either 2 years after the act of unlawful discrimination complained of or 90 days after any of the occurrences listed under section 4622, subsection 1, paragraphs A to D , whichever is later. [PL 2009, c. 235, §3 (AMD).] D. The obtaining of an approval of a plan certified by the Office of the State Fire Marshal under section 4594‑F, subsection 8 or 9 is rebuttable evidence that the plan does meet or exceed the minimum requirements of section 4594‑F, subsection 8 or 9 . [PL 1995, c. 393, §29 (NEW).] [PL 2023, c. 263, §1 (AMD).]
5 M.R.S. § 13058 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13058
5 §13058. Duties and responsibilities of commissioner
Status: in_force

The department shall be administered by the commissioner. The commissioner shall have the following powers and duties. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

1. Employ and remove staff. The commissioner shall employ and remove staff of the department. Persons employed in major policy-influencing positions, as defined in section 934‑A , and professional staff whose positions were formerly located in the State Development Office serve at the pleasure of the commissioner. The office directors serve at the pleasure of the commissioner. A. All professional positions that are unclassified positions and members of bargaining units and are transferred to the department from units of State Government other than the State Development Office retain their current status, including their rights as members of bargaining units. The position responsible for the administration of the tax incentive programs and classified, clerical and other nonprofessional staff must be hired pursuant to the Civil Service Law for classified state employees. [PL 2005, c. 425, §4 (AMD).] B. The commissioner may employ or engage such outside technical or professional consultants as may be necessary or appropriate to assist the office in carrying out its functions and may enter into contracts with other boards, commissions, departments and divisions of the State, with the University of Maine System or with private entities to assist the commissioner in carrying out the commissioner's duties under this chapter. [PL 2005, c. 425, §4 (AMD).] [PL 2005, c. 425, §4 (AMD).]

2. Accept federal funds. The commissioner may accept for the State any federal funds appropriated under any federal law relating to the authorized programs of the department, including community and economic development in those nonentitlement areas and for those projects duly authorized under the United States Housing and Community Development Act of 1974, Title 1, and its subsequent amendments. The commissioner may undertake the necessary duties and tasks to implement federal law with respect to the authorized programs of the department. A. The commissioner may accept for the department any funds from any other agency of government, individual, group, foundation or corporation to carry out this chapter, including fees designated by the commissioner for books, brochures, pamphlets, films, photos, maps and similar materials. A revolving fund is established within the department for the use of the department to cover the printing and distribution costs of these materials. Income from the sale of publications shall be credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the revolving funds. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

2-A. Accept grants. The commissioner may accept grant funds from other public or private sources to be used to carry out the duties of the department. [PL 1989, c. 875, Pt. E, §7 (NEW).]

2-B. Make grants; equity investments; loans; contractual arrangements. The commissioner may make, alone or in participation or cooperation with other persons, direct equity investments in, grants or loans to or any other contractual arrangement allowed by law with private entities for the purposes of encouraging and supporting economic and business growth, rural manufacturing and industrial site redevelopment and implementation of a strategic plan. As a condition of a disbursement of funding in whatever form to a private entity for purposes described in this subsection, the department may require from the private entity satisfactory evidence that the private entity has invested matching funds in an equal amount for the same purposes. Matching funds may be in the form of debt or equity investment as long as the financial commitment is for a minimum of 5 years. [PL 2021, c. 501, §1 (NEW).]

3. Hold hearings and adopt rules. The commissioner may hold hearings and adopt rules, in accordance with the Maine Administrative Procedure Act, with respect to the implementation of authorized programs of the department. A. The commissioner may adopt rules to distribute funds or assistance under the United States Housing and Community Development Act of 1974, Title 1, and its subsequent amendments. The rules must be consistent with the annual final statement for the State Community Development Program submitted to the Federal Government. The department shall give notice in writing of any such rules to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs at least 20 days before the hearing, as stipulated in the Maine Administrative Procedure Act, or before the deadline for comments if no hearing is scheduled. [RR 2015, c. 1, §3 (COR).] B. The commissioner shall adopt rules to distribute funds or assistance pursuant to subsection 2‑B . Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 501, §2 (NEW).] [PL 2021, c. 501, §2 (AMD).]

4. Coordinate programs and services. The commissioner shall coordinate the programs and services of the department. The commissioner shall coordinate the department's programs and services with those programs and services of other state agencies and regional planning and economic development organizations. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

5. Review of program; report to Governor and Legislature. The commissioner shall review and evaluate the programs and functions of the department and the operation of the economic delivery system using the information available from the long-term economic plan for the State pursuant to Title 10, section 929‑A, subsection 1 , the evaluation of state economic development investments pursuant to section 13070‑P and the evaluations of tax expenditures pursuant to Title 3, section 999 . The commissioner shall report the commissioner's findings and recommendations with respect to the issues described in this subsection to the Governor and to the Legislature no later than February 1st of each first regular session of the Legislature. The commissioner shall conduct the review and evaluation with respect to the following: A. The purpose of these programs and the degree to which the purpose is being met; [PL 1993, c. 349, §14 (RPR).] B. The degree of significance of the purpose of the programs and functions of the department; [PL 1993, c. 349, §14 (RPR).] C. The extent of the coordination of programs and services as required in subsection 4 ; [PL 1993, c. 349, §14 (RPR).] D. The needs, problems and opportunities that are not being met by the programs and services of the department; [PL 1993, c. 349, §14 (RPR).] E. The types of programs and services necessary to meet the needs, problems and opportunities as set out in paragraph D ; [PL 1993, c. 349, §14 (RPR).] F. The problems and successes in the economic delivery system; [PL 1993, c. 349, §14 (RPR).] G. The state of small business in this State, including economic data, the effectiveness of state programs to aid small business, problems of small business that may be affected by state policies and such other information on small business as desired by the commissioner; [PL 1993, c. 349, §14 (RPR).] H. Within available resources, the extent of business growth and change, including business expansions, new businesses and business closings; [PL 1999, c. 776, §4 (AMD).] I. Within available resources, the status of investments in business in the State; [PL 2021, c. 501, §3 (AMD).] J. The extent to which the purposes of the Maine Downtown Center are being met; and [PL 2021, c. 501, §4 (AMD).] K. The recipients, amounts and outcomes of grants, loans or other direct funding made or provided to private entities pursuant to subsection 2‑B for activities that are not otherwise required by a specific program's authorizing statute or appropriation to be reported to the Legislature. [PL 2021, c. 501, §5 (NEW).] [PL 2021, c. 501, §§3-5 (AMD).]

6. Responsible for oversight. The commissioner shall be responsible for the oversight and implementation of the following: A. A program of assistance to encourage business development pursuant to subchapter II ; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] B. Community development programs; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] C. A program of tourism promotion and development; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] D. The promotion of Maine products and Maine as an investment opportunity; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] E. A foreign trade zone program; and [PL 2001, c. 703, §2 (AMD).] F. The Business Assistance Referral and Facilitation Program, pursuant to section 13063 . [PL 2001, c. 703, §2 (AMD).] G. [PL 2001, c. 703, §3 (RP).] [PL 2001, c. 703, §§2, 3 (AMD).]

7. Commissioner to coordinate programs. [PL 2003, c. 673, Pt. M, §3 (RP).]

8. Dependent care services. [PL 2003, c. 673, Pt. M, §4 (RP).]

9. Designate and certify local and regional organizations. The commissioner may designate and certify competent local and regional economic development organizations to implement state programs and services in whole or in part. A. The commissioner may assist in forming regional planning commissions and councils of governments and may assist with financing the cost of operation of the regional planning commissions established under Title 30, chapter 204‑A, subchapter III, and councils of governments empowered under Title 30, chapter 204‑A, subchapter II. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] B. The commissioner shall adopt rules with respect to standards and criteria for local and regional agencies to be certified and evaluate local and regional organizations in regard to the implementation of these programs and services. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

10. Assistance to municipalities to generate economic growth. The commissioner shall administer a program of assistance to municipalities to generate jobs and business development. Potential uses of this money include infrastructure development, planning and technical assistance, marketing and other types of capacity building. A. This program may consist of a fund consisting of money derived from any general obligation bonds issued for the purposes of generating economic development and jobs. This fund with money not exceeding $1,000,000 shall be administered by the Department of Economic and Community Development to provide assistance as defined in this subsection. Money available for the purpose of this subsection shall not be used to provide financial assistance to business. [PL 1987, c. 769, Pt. A, §19 (NEW).] B. [PL 1995, c. 462, Pt. A, §11 (RP).] [PL 1995, c. 462, Pt. A, §11 (AMD).]

10-A. Maine Downtown Center. [PL 1999, c. 790, Pt. R, §1 (RP).]

11. Federally mandated programs. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

12. Energy conservation standards. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

13. Approval or denial of certificates. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

14. Preparation of manual. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

15. Review and inspection. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

16. Administration of state standards. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

17. Rule-making authority. [PL 1989, c. 875, Pt. M, §§4, 13 (RP).]

18. Commissioner's designee. When the commissioner is explicitly empowered by statute to appoint a designee to replace the commissioner on any board, commission or similar body, none of which have a termination date, and the commissioner appoints a designee, the commissioner shall appoint that designee from within the commissioner's department. The commissioner shall make this designee known to the appointing authority and to the chair of the body to which the appointment is made, if that body exists at the time of appointment. The designee is the only person who may fill that appointee position until a successor is designated through the same appointment procedure. [PL 1995, c. 688, §7 (NEW).]

19. Coordinate assessment of transportation needs related to economic development projects. The commissioner shall coordinate the activities of the department, the Department of Agriculture, Conservation and Forestry, the Department of Transportation and regional planning and economic development organizations to ensure that the location of rail lines, potential use of passenger and freight rail and costs of transportation improvements related to development are considered during initial planning and locating of projects reviewed by the commissioner in administering economic development programs under this chapter. [PL 2011, c. 655, Pt. JJ, §3 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
5 M.R.S. § 3122 — ME Code / Title 5 / Part 8 / Chapter 310-A / Section 3122
5 §3122. Office of Affordable Health Care
Status: in_force

1. Office established. The Office of Affordable Health Care is established as an independent executive agency for the purpose of analyzing health care costs in this State in accordance with the duties set forth in this chapter and as provided in this section. [PL 2021, c. 459, §3 (NEW).]

2. Director; appointment. The Governor shall appoint the executive director, subject to review by the legislative oversight committee and to confirmation by the Legislature. The director shall serve for a 5-year term of office. The director may continue to serve beyond the end of the 5-year term until a successor is appointed and qualified. Any vacancy occurring must be filled by appointment for the unexpired portion of the term. Any willful violation of this chapter by the director constitutes sufficient cause for removal of the director by the Governor and on the address of both branches of the Legislature. [PL 2021, c. 459, §3 (NEW).]

3. Duties. The office's duties must be performed independently under the general policy direction of the legislative oversight committee and the advisory council. The office shall report at least annually to the Governor and the legislative oversight committee pursuant to section 3125 and upon request of the legislative oversight committee on matters affecting the cost of health care in this State. The office shall, at a minimum, use data available from the Maine Health Data Organization, established pursuant to Title 22, chapter 1683 , and the Maine Quality Forum, established in Title 24‑A, section 6951 , to: A. Analyze health care cost growth trends and correlation to the quality of health care; [PL 2021, c. 459, §3 (NEW).] B. Analyze health care spending trends by consumer categories, payer type, provider categories or any other measurement that presents available data in a manner that may assist the legislative oversight committee in understanding health care cost drivers, health care quality and utilization trends, the impact of emerging technology in health care treatment, consumer experience with the health care system or any other aspect of the health care system; [PL 2023, c. 94, §1 (AMD).] C. Monitor the adoption of alternative payment methods in this State and other states that foster innovative health care delivery and payment models to reduce health care cost growth and improve the quality of health care; [PL 2021, c. 459, §3 (NEW).] D. Based upon the data obtained and the analysis pursuant to paragraphs A to C , develop proposals for consideration by the legislative oversight committee on potential methods to improve the cost-efficient provision of high-quality health care to the residents of this State; [PL 2021, c. 459, §3 (NEW).] E. Based upon the data obtained and the analysis pursuant to paragraphs A to C , conduct a systemic review of the health care system and develop proposals to improve coordination, efficiency and quality of the health care system; [PL 2021, c. 459, §3 (NEW).] F. Develop proposals for consideration by the legislative oversight committee on potential methods to improve consumer experience with the health care system, including the provision of a consumer advocacy function on health care matters not addressed by the Health Insurance Consumer Assistance Program established in Title 24‑A, section 4326 or the Department of Professional and Financial Regulation, Bureau of Insurance, Consumer Health Care Division established in Title 24‑A, section 4321 ; and [PL 2021, c. 459, §3 (NEW).] G. Provide staffing assistance to the Maine Prescription Drug Affordability Board established in chapter 167 . [PL 2021, c. 459, §3 (NEW).] Beginning in 2023, the office shall analyze barriers to affordable health care and coverage and develop for consideration by the legislative oversight committee proposals on potential methods to improve health care affordability and coverage for individuals and small businesses in the State. [PL 2023, c. 94, §1 (AMD).]

4. Data; confidentiality. Data provided to the office under subsection 3 is confidential to the same extent it is confidential while in the custody of the entity that provided the data to the office. [PL 2021, c. 459, §3 (NEW).]

5. Staffing. The director shall appoint staff as needed to carry out the duties and responsibilities under this chapter. The appointment and compensation of the staff are subject to the Civil Service Law. [PL 2021, c. 459, §3 (NEW).]

6. Coordination with other entities. The director may contract with individuals or entities and may seek assistance and coordinate efforts in accordance with this chapter with other agencies or divisions of State Government and with other entities as long as the contract, assistance or coordination does not present a conflict of interest. For the purposes of this subsection, "conflict of interest" means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing the office's decisions or the conduct of the office's activities. [PL 2021, c. 459, §3 (NEW).]

7. Budget. The revenues and expenditures of the office are subject to legislative approval in the biennial budget process. The director shall prepare the budget for the administration and operation of the office in accordance with the provisions of law that apply to departments of State Government. [PL 2021, c. 459, §3 (NEW).]

8. Legal counsel. The Attorney General, when requested, shall furnish any legal assistance, counsel or advice the office requires in the discharge of its duties. [PL 2021, c. 459, §3 (NEW).]

9. Grants. The office may solicit, receive and accept grants, funds or anything of value from any public or private organization and receive and accept contributions of money, property, labor or any other thing of value from any legitimate source. [PL 2021, c. 459, §3 (NEW).]

10. Rulemaking. The office may adopt rules as necessary for the proper administration and enforcement of this chapter, pursuant to the Maine Administrative Procedure Act. Unless otherwise specified, rules adopted pursuant to this chapter are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 459, §3 (NEW).]
5 M.R.S. § 13063-O — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-O
5 §13063-O. Microenterprise initiative fund program review
Status: in_force

1. Accounting and reporting requirements. The department shall: A. Maintain an accurate accounting of the use of all program funds as required by state procedures and program guidelines, including a detailed accounting of all program funding sources and expenditures; and [PL 2009, c. 337, §4 (AMD).] B. [PL 2009, c. 337, §4 (RP).] C. Each year, submit a report to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters. The report must include: (1) An accounting of the use of all program funds received and expended since the program's inception; (2) A summary of the status of any approved projects; (3) A summary of the results of any completed projects; (4) Evaluation data and assessment consistent with section 13070‑P ; and (5) Other information required to be submitted and evaluated by the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters. [PL 2017, c. 264, §7 (AMD).] [PL 2017, c. 264, §7 (AMD).]

2. Report. The department shall report no later than January 15th of each year. [PL 2003, c. 451, Pt. MMM, §1 (NEW).]

3. Rulemaking. The department shall adopt major substantive rules pursuant to chapter 375, subchapter 2‑A to implement this section. [PL 2003, c. 451, Pt. MMM, §1 (NEW).]
5 M.R.S. § 8056 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8056
5 §8056. Filing of adopted and provisionally adopted rules; online posting of adopted rules
Status: in_force

1. Requirements. With respect to every rule adopted or, in the case of a major substantive rule, finally adopted, an agency shall: A. Submit the rule to the Attorney General for approval as to form and legality; [PL 1977, c. 551, §3 (NEW).] B. After the rule is approved by the Attorney General as to form and legality pursuant to paragraph A, file with the Secretary of State, using a form or forms or an electronic filing platform prescribed by the Secretary of State, the adopted rule and any other filing documentation as is required by the Secretary of State. The adopted rule and all other filing documentation must be in a format approved by the Secretary of State; and [PL 2025, c. 384, §19 (AMD).] C. Provide, without cost or at actual cost, a paper copy of each such rule to any person who requests a paper copy. [PL 2025, c. 384, §19 (AMD).] D. [PL 2025, c. 384, §19 (RP).] [PL 2025, c. 384, §19 (AMD).]

2. Form. [PL 2025, c. 384, §19 (RP).]

2-A. Incorporation by reference. Through rulemaking, an agency may incorporate by reference into a rule all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this State or by a nationally recognized organization or association. A. The reference in the agency rule must fully identify the incorporated matter by exact title, edition or version and date of publication. [PL 2025, c. 384, §19 (NEW).] B. The rule must state where copies of the incorporated matter are available at cost from the agency issuing the rule or where copies are available from the agency of the United States or this State or the organization or association that originally produced the incorporated matter. [PL 2025, c. 384, §19 (NEW).] C. An agency incorporating a matter by reference into a rule shall maintain a copy of the incorporated matter at its principal office. [PL 2025, c. 384, §19 (NEW).] [PL 2025, c. 384, §19 (NEW).]

3. Secretary of State. The Secretary of State shall maintain, and make available through the Secretary of State's publicly accessible website, electronic copies of the rules of each agency that are in effect. A. [PL 2025, c. 384, §19 (RP).] A-1. [PL 2025, c. 384, §19 (RP).] A-2. [PL 2025, c. 384, §19 (RP).] B. [PL 2025, c. 384, §19 (RP).] C. [PL 2025, c. 384, §19 (RP).] [PL 2025, c. 384, §19 (AMD).]

4. Additional requirements. [PL 2025, c. 384, §19 (RP).]

5. Record of vote. In addition to the foregoing and as applicable, each agency shall maintain, at its principal office, and make available for inspection to any person, a record of the vote of each member of the agency taken in rule-making proceedings. [PL 2025, c. 384, §19 (AMD).]

6. Attorney General review and approval. The review required in subsection 1, paragraph A may not be performed by any person involved in the formulation or drafting of the proposed rule. The Attorney General may not approve a rule if it is reasonably expected to result in a taking of private property under the Constitution of Maine unless such a result is directed by law or sufficient procedures exist in law or in the proposed rule to allow for a variance designed to avoid such a taking. [PL 2025, c. 384, §19 (AMD).]

7. Codification of rules. [PL 2025, c. 384, §19 (RP).]

8. Electronic text file procedures. [PL 2025, c. 384, §19 (RP).]

8-A. Electronic filing procedures. In accordance with subsection 1 , the Secretary of State may establish, including by routine technical rules, procedures for the electronic filing of rules and rule-making documentation. If the Secretary of State implements an electronic filing platform through which rules and rule-making documentation and information specified in this Act are to be filed, that platform is the exclusive means through which rules and rule-making documentation may be filed, except as otherwise determined by the Secretary of State. An adopted rule that is filed by an agency through an electronic filing platform and accepted for filing by the Secretary of State is an official copy of the rule. [PL 2025, c. 384, §19 (NEW).]

9. Certification of adopted rules. The Secretary of State may certify that a paper or electronic copy of an adopted rule accepted for filing and maintained by the Secretary of State is an official copy of the rule. A. Certified paper copies of rules must be accompanied by a printed certificate of the Secretary of State stating that the publication is an official copy. A facsimile of the signature of the Secretary of State imprinted by or at the direction of the Secretary of State has the same validity as a written signature of the Secretary of State. [PL 2025, c. 384, §19 (AMD).] B. A paper copy of an adopted rule that has been certified by the Secretary of State constitutes prima facie evidence of the rule. [PL 2025, c. 384, §19 (AMD).] C. Any publication or copy of an adopted rule that is not certified by the Secretary of State: (1) May neither state nor imply that the publication or copy of the rule is an official copy of the rules; and (2) Must state in a conspicuous location information about where a certified copy of the rule may be obtained. [PL 2025, c. 384, §19 (AMD).] [PL 2025, c. 384, §19 (AMD).]

10. Minor errors. [PL 2025, c. 384, §19 (RP).]

10-A. Minor errors; updating words or terms. Without having to initiate rulemaking pursuant to this Act: A. At the request of or in consultation with an agency, the Secretary of State may correct minor, nonsubstantive errors in spelling and format in a proposed or adopted rule; and [PL 2025, c. 384, §19 (NEW).] B. At the request of an agency, the Secretary of State may update words or terms used in an existing rule for which new or more contemporary words or terms are used, including, for example, words or terms that are more respectful than those used in an existing rule. [PL 2025, c. 384, §19 (NEW).] [PL 2025, c. 384, §19 (NEW).]
5 M.R.S. § 3121 — ME Code / Title 5 / Part 8 / Chapter 310-A / Section 3121
5 §3121. Definitions
Status: in_force

1. Advisory council. "Advisory council" means the Advisory Council on Affordable Health Care established in section 12004‑I, subsection 31‑B . [PL 2021, c. 459, §3 (NEW).]

2. Executive director. "Executive director” or “director" means the executive director of the office appointed pursuant to section 3122, subsection 2 . [PL 2021, c. 459, §3 (NEW).]

3. Legislative oversight committee. "Legislative oversight committee" means the joint standing committee of the Legislature having jurisdiction over health coverage matters. [PL 2021, c. 459, §3 (NEW).]

4. Office. "Office" means the Office of Affordable Health Care established in section 3122, subsection 1 . [PL 2021, c. 459, §3 (NEW).]
5 M.R.S. § 1546 — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1546
5 §1546. Records open to public inspection
Status: in_force

The books, accounts, vouchers, affidavits and other records and papers in the office of the State Controller relating to the public business shall be open for inspection to the citizens of this State at all reasonable times and for all proper purposes.
5 M.R.S. § 1812-E — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812-E
5 §1812-E. Purchasing of vehicles; fuel efficiency
Status: in_force

Except for cars and light duty trucks purchased for law enforcement and other special use purposes as designated by the Chief Procurement Officer, the Chief Procurement Officer may not purchase or lease any car or light duty truck for use by the State or any department or agency of the State unless: [PL 2023, c. 516, Pt. B, §10 (AMD).]

1. 1993 standards. Beginning January 1, 1993, the car has a manufacturer's estimated highway mileage rating of at least 30 miles per gallon and the light duty truck has a manufacturer's estimated highway mileage rating of at least 24 miles per gallon; [PL 1991, c. 207 (NEW).]

2. 1997 standards. Beginning January 1, 1997, the car has a manufacturer's estimated highway mileage rating of at least 38 miles per gallon and the light duty truck has a manufacturer's estimated highway mileage rating of at least 30 miles per gallon; and [PL 1991, c. 207 (NEW).]

3. 2000 standards. Beginning January 1, 2000, the car has a manufacturer's estimated highway mileage rating of at least 45 miles per gallon and the light duty truck has a manufacturer's estimated highway mileage rating of at least 35 miles per gallon. [PL 1991, c. 207 (NEW).]

For the purposes of this section, the terms "car" and "light duty truck" have the same meaning as in the federal Department of Energy Publication DOE/CE-0019/10, or any successor publication. [PL 1991, c. 207 (NEW).]
5 M.R.S. § 18053 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18053
5 §18053. Rules
Status: in_force

The board may promulgate and publish, in accordance with chapter 375, subchapter II , whatever rules are necessary and proper to give effect to the intent, purposes and provisions of this subchapter. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 3372 — ME Code / Title 5 / Part 10-A / Chapter 319 / Section 3372
5 §3372. Maine Length of Service Award Program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Accrued service award" means the total value, as of a given date, of a participant's program account. [PL 2015, c. 352, §1 (NEW).] A-1. "Ambulance service" means an ambulance service licensed by the Emergency Medical Services' Board pursuant to Title 32, section 88 . [PL 2021, c. 556, §1 (NEW).] B. "Board" means the Maine Length of Service Award Program Board of Trustees. [PL 2015, c. 352, §1 (NEW).] C. "Bona fide volunteer" has the same meaning as in the United States Internal Revenue Code, Section 457(e)(11). [PL 2015, c. 352, §1 (NEW).] C-1. "Department" means a fire department, an ambulance service or a nontransporting emergency medical service. [PL 2021, c. 556, §2 (NEW).] D. "Eligible volunteer" means a bona fide volunteer performing qualified services in a department if that bona fide volunteer is: (1) A firefighter who is an active part-time or on-call member of a fire department or a volunteer firefighter; or (2) An emergency medical services person or an emergency medical services ambulance operator who is duly licensed under rules and protocols established by the Emergency Medical Services' Board pursuant to Title 32, section 88 and who provides on-call, part-time or volunteer emergency medical response under the direction of the chief of a fire department or for an ambulance service or a nontransporting emergency medical service. [PL 2021, c. 556, §3 (AMD).] D-1. "Emergency medical services ambulance operator" has the same meaning as in Title 32, section 83, subsection 12‑A . [PL 2021, c. 556, §4 (NEW).] D-2. "Emergency Medical Services' Board" means the Emergency Medical Services' Board established pursuant to Title 5, section 12004‑A, subsection 15 . [PL 2021, c. 556, §5 (NEW).] E. "Emergency medical services person" means any person who routinely provides emergency medical treatment to the sick or injured. [PL 2015, c. 352, §1 (NEW).] F. "Emergency medical treatment" has the same meaning as in Title 32, section 83, subsection 13 . [PL 2015, c. 352, §1 (NEW).] G. [PL 2021, c. 556, §6 (RP).] G-1. "Fire department" means an organized firefighting unit established under municipal charter or ordinance or under bylaws to prevent and extinguish fires and, if authorized by charter, ordinance or bylaw, to provide emergency services. [PL 2021, c. 556, §7 (NEW).] G-2. "Nontransporting emergency medical service" means a nontransporting emergency medical service licensed by the Emergency Medical Services' Board pursuant to Title 32, section 88 . [PL 2021, c. 556, §8 (NEW).] H. "Participant" means a person who participates in the program. [PL 2015, c. 352, §1 (NEW).] I. "Program" means the Maine Length of Service Award Program established in subsection 2 . [PL 2015, c. 352, §1 (NEW).] J. "Program account" means a separate account maintained for each participant reflecting applicable contributions, applicable forfeitures, investment income or loss as well as administrative and investment expenses allocated to each participant and distributions paid from the account. [PL 2015, c. 352, §1 (NEW).] K. "Program trust fund" means a trust fund established by the board into which all contributions to the program are deposited. [PL 2015, c. 352, §1 (NEW).] L. "Qualified services" has the same meaning as in the United States Internal Revenue Code, Section 457(e)(11). [PL 2015, c. 352, §1 (NEW).] M. "Volunteer firefighter" has the same meaning as in Title 30‑A, section 3151, subsection 4 . [PL 2015, c. 352, §1 (NEW).] [PL 2021, c. 556, §§1-8 (AMD).]

2. Program established. The Maine Length of Service Award Program is established to provide paid length of service awards to eligible volunteers. The program is administered by the board as set out in this section. [PL 2015, c. 352, §1 (NEW).]

3. Board of trustees. The following provisions govern the Maine Length of Service Award Program Board of Trustees, which is established to oversee the program. A. The board, as established in section 12004‑G, subsection 30‑E , is composed of 9 trustees, as follows: (1) Four persons who are eligible volunteers, appointed by the Governor. Three of the persons appointed under this subparagraph must be selected from a list of 6 nominees submitted by a statewide federation of firefighters; (2) A chief of a fire department, appointed by the Governor and selected from a list of 3 nominees submitted by a statewide association of fire chiefs; (3) A person who is qualified through training or experience in the field of investments, accounting, banking or insurance or who is an actuary, appointed by the Governor; (4) A person designated by a statewide municipal association; and (5) Two persons who are licensed as emergency medical services persons under Title 32, chapter 2‑B , appointed by the Governor and selected from a list of 3 nominees submitted by the Emergency Medical Services' Board. [PL 2021, c. 556, §9 (AMD).] B. The board shall elect from its membership a chair. [PL 2015, c. 352, §1 (NEW).] C. The terms of the trustees are determined as follows. (1) Each trustee serves a term of 3 years. (2) A trustee continues to serve after the expiration of that trustee's term until a successor is appointed and qualified, but the trustee's continuation as a trustee does not change the expiration date of the trustee's term. (3) The term of a trustee appointed to succeed a trustee whose term has expired begins on the day after the expiration date of the 3-year term of the previous trustee, regardless of the effective date of the new appointment. (4) An appointment to any vacancy caused by death, resignation or ineligibility is for the unexpired portion of the term. [PL 2015, c. 352, §1 (NEW).] D. The necessary expenses incurred by the board in the operation of the program must be paid according to the purpose for which they are incurred from the assets of the program trust fund. [PL 2015, c. 352, §1 (NEW).] E. The Attorney General or an assistant designated by the Attorney General is legal advisor to the board. [PL 2015, c. 352, §1 (NEW).] F. The board shall keep a record of all its proceedings, which: (1) Must comply with the requirements of section 8056, subsection 5 and sections 9059 and 9061 , to the extent those laws are applicable; and (2) Must be open to public inspection. [PL 2015, c. 352, §1 (NEW).] [PL 2021, c. 556, §9 (AMD).]

4. Program administration. The program is administered by the board. The board shall contract with firms to provide administration, investment, custodial, trustee and auditing services for the program. [PL 2015, c. 352, §1 (NEW).]

5. Participation eligibility. An eligible volunteer may participate in the program. [PL 2015, c. 352, §1 (NEW).]

6. Participation commencement. Unless an eligible volunteer waives the right of participation pursuant to subsection 7 , the eligible volunteer becomes a participant on the last day of the first calendar year during which the eligible volunteer meets the service credit requirements set forth in subsection 8 during a calendar year beginning after December 31, 2015. [PL 2015, c. 352, §1 (NEW).]

7. Waiver of participation. An eligible volunteer may waive the right to participate in the program by filing with the board a written, signed and irrevocable waiver of participation that is signed by the chief of the department of which the eligible volunteer is a member. [PL 2021, c. 556, §10 (AMD).]

8. Service credit. Service credit may be allowed in the program only for volunteer emergency service rendered as an eligible volunteer. The requirements to be met by an eligible volunteer to earn one year of service credit must be set forth in rules adopted by the board pursuant to subsection 21 and may be amended from time to time at the discretion of the board. [PL 2015, c. 352, §1 (NEW).]

9. Procedure for reporting service credit. A department shall submit a list of all persons who were eligible volunteers during a calendar year to the board for review and approval by May 1st following the end of that calendar year. The list must indicate which eligible volunteers earned service credit during the calendar year and must be prepared, certified under oath by the chief of the department, posted in the department for at least 30 days and then submitted to and received by the board by May 1st. During the 30-day posting period, an eligible volunteer must be given the opportunity to dispute the service credit shown for the eligible volunteer in accordance with law. The chief shall indicate in writing to the board that the list was posted for at least 30 days and that all disputes regarding the service credit shown on the list as having been earned during the year have been resolved. The board, at its sole discretion, may audit a list prepared by a department under this subsection. If the list is not received by the board by May 1st, a contribution may not be credited to the program account of any eligible volunteer whose name was or should have been reported on the list as having earned one year of service credit during the calendar year, except as provided in subsection 12 . [PL 2021, c. 556, §11 (AMD).]

10. Contributions to the program. For each calendar year beginning after December 31, 2015, the program trust fund must accept contributions, if any, from the following: A. The State; [PL 2015, c. 352, §1 (NEW).] B. A municipality; [PL 2015, c. 352, §1 (NEW).] C. A department or a fire company or volunteer organization associated with a department; [PL 2021, c. 556, §12 (AMD).] D. The Federal Government; and [PL 2015, c. 352, §1 (NEW).] E. A participant, after the United States Internal Revenue Code is amended and any required rules and regulations are issued by the United States Internal Revenue Service to allow defined contribution length of service award programs to be treated as deferred compensation plans under the United States Internal Revenue Code, Section 457. Until the United States Internal Revenue Code is so amended, the board shall contract with a firm to offer individual retirement accounts to participants. [PL 2015, c. 352, §1 (NEW).] The annual contributions, if any, for a given calendar year must be deposited into the program trust fund before the following July 1st. The portion of the annual contributions credited to a program account of a participant who has attained the entitlement age as described in subsection 14 and has been paid the participant's accrued service award must be determined in the same manner as the portion of the annual contributions credited to a program account of a participant who has not attained the entitlement age. Except for the limit on the amount of the annual contributions credited to a participant's program account set forth in the United States Internal Revenue Code, Section 457, there is no other limit or restriction on the amount credited to a participant's program account for any calendar year. [PL 2021, c. 556, §12 (AMD).]

11. Subaccounts. A participant's program account consists of the following subaccounts: A. A state subaccount, which is an account of a participant reflecting applicable state contributions, forfeitures, investment income or loss as well as administrative and investment expenses allocated to the subaccount and distributions paid from the subaccount. A participant's state subaccount is subject to the vesting schedule set forth in subsection 12 . (1) For a given calendar year, the total state contribution, if any, must be allocated equally to the state subaccounts of the participants who earned one year of service credit during that calendar year. (2) Forfeitures from a participant's state subaccount must be added to and allocated as state contributions as designated by the State in the calendar year in which the forfeitures are determined to occur pursuant to subsection 13 ; [PL 2015, c. 352, §1 (NEW).] B. A municipal subaccount, which is an account of a participant derived from contributions from a specific municipality to the program. A participant's municipal subaccount must reflect the respective contributions from that municipality along with forfeitures, investment income or loss as well as administrative and investment expenses allocated to the subaccount and distributions paid from the subaccount. A participant's municipal subaccount is subject to the vesting schedule set forth in subsection 12 . (1) For a given calendar year, the total contribution from a specific municipality, if any, must be allocated equally to the municipal subaccounts of the participants who are eligible volunteers of that municipality and who earned one year of service credit during that calendar year. (2) Forfeitures from a participant's municipal subaccount must be added to and allocated as municipal contributions as designated by the municipality in the calendar year in which the forfeitures are determined to occur pursuant to subsection 13 ; [PL 2015, c. 352, §1 (NEW).] C. A department subaccount, which is an account of a participant derived from contributions from a specific department or a fire company or volunteer organization associated with a department to the program. A participant's department subaccount must reflect the respective contributions from that department or fire company or volunteer organization associated with a department along with forfeitures, investment income or loss as well as administrative and investment expenses allocated to the subaccount and distributions paid from the subaccount. A participant's department subaccount is subject to the vesting schedule set forth in subsection 12 . (1) For a given calendar year, the total contribution from a specific department or a fire company or volunteer organization associated with a department, if any, must be allocated equally to the department subaccounts of the participants who are eligible volunteers of that department or fire company or volunteer organization associated with a department and who earned one year of service credit during that calendar year. (2) Forfeitures from a participant's department subaccount must be added to and allocated as department contributions as designated by the department or fire company or volunteer organization associated with a department in the calendar year in which the forfeitures are determined to occur pursuant to subsection 13 ; [PL 2021, c. 556, §13 (AMD).] D. A Federal Government subaccount, which is an account of a participant reflecting applicable Federal Government contributions, forfeitures, investment income or loss as well as administrative and investment expenses allocated to the subaccount and distributions from the subaccount. Unless otherwise specified in federal law, a participant's Federal Government subaccount is subject to the vesting schedule set forth in subsection 12 . (1) Unless otherwise specified in federal law, for a given calendar year, the total contribution from the Federal Government, if any, must be allocated equally to the Federal Government subaccounts of the participants who earned one year of service credit during that calendar year. (2) Unless otherwise specified in federal law, forfeitures from a participant's Federal Government subaccount must be added to and allocated as Federal Government contributions as designated by the Federal Government in the calendar year in which the forfeitures are determined to occur pursuant to subsection 13 ; and [PL 2015, c. 352, §1 (NEW).] E. A participant contribution subaccount. If the United States Internal Revenue Code is amended and any required rules and regulations are issued by the United States Internal Revenue Service to allow defined contribution length of service award programs to be treated as deferred compensation plans under the United States Internal Revenue Code, Section 457, a participant may elect to make participant contributions to the program. A participant contribution subaccount must reflect the respective contributions from a participant along with investment income or loss as well as administrative and investment expenses allocated to the subaccount and distributions paid from the subaccount. A participant contribution subaccount must be 100% vested at all times. [PL 2015, c. 352, §1 (NEW).] [PL 2021, c. 556, §13 (AMD).]

12. Vesting schedule for a participant's accrued service award. A participant's accrued service award becomes vested as set out in this subsection. A. If the participant has less than 5 years of service credit, the vested percentage is 0%. [PL 2015, c. 352, §1 (NEW).] B. If the participant has 5 or more years of service credit, the vested percentage is 100%. [PL 2015, c. 352, §1 (NEW).] In determining an individual participant's years of service credit for the purpose of vesting, all years of service credit earned as a participant in the program must be counted. Failure to submit the annual eligible volunteer listing to the board under subsection 9 by the required date for any calendar year does not result in the forfeiture of the certified service credit reported to the board for an eligible volunteer. All calendar years, up to 5 years, ending before January 1, 2016 during which the participant was an eligible volunteer for the entire calendar year count for vesting service credit. [PL 2015, c. 352, §1 (NEW).]

13. Forfeiture of a participant's accrued service award. The nonvested portion of a participant's accrued service award is permanently forfeited effective as of December 31st of the calendar year during which the participant has not been an eligible volunteer for 36 consecutive months. Service credit earned by a participant is never forfeited. [PL 2015, c. 352, §1 (NEW).]

14. Entitlement age. The entitlement age for a participant is the earlier of: A. Sixty-five years of age or the person's age on the next January 1st after becoming a participant in the program if the person is 65 years of age or older; and [PL 2015, c. 352, §1 (NEW).] B. The age of a participant as of the end of the calendar year after earning 20 years of service credit. [PL 2015, c. 352, §1 (NEW).] [PL 2015, c. 352, §1 (NEW).]

15. Payment to participant of accrued service award. The following provisions govern the payment to a participant of an accrued service award. A. Upon the attainment of the entitlement age as described in subsection 14 , a participant must be paid the vested portion of the participant's accrued service award. A participant who attains the entitlement age while an eligible volunteer and before attaining a 100% vested status must be paid the participant's accrued service award as of December 31st of the calendar year during which the participant achieved a 100% vested status. A participant who attains the entitlement age before 65 years of age may on or before attaining the entitlement age file a written election with the board to defer payment of the participant's accrued service award until attainment of 65 years of age. [PL 2015, c. 352, §1 (NEW).] B. As of the last day of the first calendar year during which a participant has no longer been an eligible volunteer for at least 36 consecutive months, the vested portion of the participant's accrued service award must be paid to the participant. [PL 2015, c. 352, §1 (NEW).] C. A participant who has been determined to be totally and permanently disabled by the United States Social Security Administration, any workers' compensation board, any insurance company, any state retirement system, any pension plan administrator or any other entity approved by the board must be paid that participant's accrued service award as soon as administratively feasible after all documentation required by the board to verify and determine total and permanent disablement is submitted to the board and the disability payment is awarded by the board. [PL 2015, c. 352, §1 (NEW).] D. Should a participant die before attaining the entitlement age, the participant's designated beneficiary or estate if no acceptable beneficiary designation form has been filed with the board by the participant must upon application to the board be paid the participant's accrued service award as soon as administratively feasible after all required documentation is submitted to the board. [PL 2015, c. 352, §1 (NEW).] E. The portion of the annual contribution credited to the program account of a post-entitlement age participant must be immediately paid to the participant if the participant has achieved a 100% vested status in the program. If the post-entitlement age participant has not achieved a 100% vested status in the program, that participant's accrued service award must be paid to the participant as soon as administratively feasible after December 31st of the calendar year during which the participant achieved a 100% vested status. [PL 2015, c. 352, §1 (NEW).] [PL 2015, c. 352, §1 (NEW).]

16. Investment of program funds. The board shall establish a program trust fund within which the funds paid into the program must be deposited. A participant shall select investments for the amounts credited to the participant's program account from a menu of investment options. Distributions of accrued service awards must be made from the program trust fund in accordance with the program provisions. The program trust fund must be established and maintained in accordance with applicable sections of the United States Internal Revenue Code. Subject to review and approval by the Treasurer of State, the program trust fund investment options made available to participants must be selected by the board. Any unexpended balance in the program trust fund at the end of a year may not lapse and must be carried forward to be available for expenditure by the board in the subsequent year for program purposes. [PL 2025, c. 202, §1 (AMD).]

17. Program audits. At the discretion of the State, either a state agency or a firm retained by the State shall audit the program at least once every 5 years. [PL 2015, c. 352, §1 (NEW).]

18. Notice of changes to laws governing the program. Within 180 days after the effective date of legislation that changes the laws governing the program, a written notice and explanation of these changes must be distributed by the board to all persons who participate or are eligible to participate in the program. Copies of this written notice and explanation must be available upon request to the board to all other persons. [PL 2015, c. 352, §1 (NEW).]

19. Program termination. Within 360 days after the effective date of legislation terminating the program, each program participant must be paid the participant's entire accrued service award to the date of payment in a single lump sum. Beneficiaries of deceased participants must be paid any amount owed to them under the program in the same manner within the same 360-day period. [PL 2015, c. 352, §1 (NEW).]

20. Program trust fund governed by certain provisions. Until the United States Internal Revenue Code is amended to treat defined contribution length of service award programs as deferred compensation plans under the United States Internal Revenue Code, Section 457, the program trust fund must be governed by all required provisions to ensure that a participating eligible volunteer or the eligible volunteer's beneficiary is not subject to federal income taxation on an accrued service award until actual receipt of payment by the participant or the beneficiary. After the United States Internal Revenue Code is so amended, the State and the board shall take all required actions to ensure the program complies with the United States Internal Revenue Code, Section 457 and the related United States Internal Revenue Service regulations. [PL 2015, c. 352, §1 (NEW).]

21. Rules. The board shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , pertaining to the administration of the program. [PL 2015, c. 352, §1 (NEW).]
5 M.R.S. § 1675 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1675
5 §1675. Acceptance of funds for alternative-fueled vehicles program
Status: in_force

An agency or agencies of the State designated by the Governor to establish an alternative-fueled vehicle demonstration program under the National Energy Policy Act of 1992, Public Law 102-486, Section 409 may accept funds to implement that program from the Federal Government or from any person. [PL 1993, c. 466, §1 (NEW).]
5 M.R.S. § 145 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 145
5 §145. Registered bonds
Status: in_force

The Treasurer of State may issue registered bonds, transferable by assignment, in pieces of not less than $1,000, and of any multiple of 1,000, in exchange for, and in place of, any coupon bonds issued under the laws of this State, bearing the same rate of interest and maturing at the same time as the bonds that the Treasurer of State may receive therefor in exchange. The place of payment prescribed therein must be the State Treasury. Those bonds must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate. [PL 2023, c. 223, §2 (AMD).]
5 M.R.S. § 13120-I — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-I
5 §13120-I. Bonds
Status: in_force

1. Authorization. The authority may provide by resolution for the issuance of bonds for the purpose of funding the Speculative Industrial Buildings Fund, or any successor to the fund, for the construction of proposed commercial facilities and improvement of existing or acquired commercial facilities and for the fulfillment of other undertakings that it may assume. The bonds of the authority do not constitute a debt of the State or of any agency or political subdivision of the State but are payable solely from the revenue of the authority, and neither the faith nor credit nor taxing power of the State or any political subdivision of the State is pledged to payment of the bonds. Notwithstanding any other provision of law, any bonds issued pursuant to this subchapter are fully negotiable. If any member of the board of trustees whose signature appears on the bond or coupons ceases to be a member of the board of trustees before the delivery of those bonds, that signature is valid and sufficient for all purposes as if that member of the board of trustees had remained a member of the board of trustees until delivery. [PL 2005, c. 425, §14 (AMD).]

2. Resolution; prospective issues. The authority may, by resolution authorizing prospective issues, provide: A. The manner of executing bonds and coupons; [PL 2001, c. 703, §6 (NEW).] B. The form and denomination of bonds or coupons; [PL 2001, c. 703, §6 (NEW).] C. Maturity dates; [PL 2001, c. 703, §6 (NEW).] D. Interest rates on bonds or coupons; [PL 2001, c. 703, §6 (NEW).] E. For redemption prior to maturity and the premium payable; [PL 2001, c. 703, §6 (NEW).] F. The place or places for the payment of interest and principal; [PL 2001, c. 703, §6 (NEW).] G. For registration if the authority determines it to be desirable; [PL 2001, c. 703, §6 (NEW).] H. For the pledge of all or any of the revenue for securing payment; [PL 2001, c. 703, §6 (NEW).] I. For the replacement of lost, destroyed or mutilated bonds; [PL 2001, c. 703, §6 (NEW).] J. For the setting aside and the regulation and disposition of reserve and sinking funds; [PL 2001, c. 703, §6 (NEW).] K. For limitation on the issuance of additional bonds; [PL 2001, c. 703, §6 (NEW).] L. For the procedure, if any, by which the contract with a bondholder may be abrogated or amended; [PL 2001, c. 703, §6 (NEW).] M. For the manner of sale and purchase of bonds; [PL 2001, c. 703, §6 (NEW).] N. For covenants against pledging of any of the revenue of the authority; [PL 2001, c. 703, §6 (NEW).] O. For covenants fixing and establishing rates and charges for use of the authority's facilities and services made available so as to provide funds that will be sufficient to pay all costs of operation and maintenance, to meet and pay the principal and interest of all bonds as they severally become due and payable, for the creating of such revenues for the principal and interest of all bonds and for the meeting of contingencies and the operation and maintenance of its facilities as the board of trustees determines; [PL 2001, c. 703, §6 (NEW).] P. For such other covenants as to rates and charges as the board of trustees determines; [PL 2001, c. 703, §6 (NEW).] Q. For covenants as to the rights, liability, powers and duties arising upon the breach by the authority of any covenant, condition or obligation; [PL 2001, c. 703, §6 (NEW).] R. For covenants as to the bonds to be issued, as to the issuance of those bonds in escrow and otherwise and as to the use and disposition of the proceeds; [PL 2001, c. 703, §6 (NEW).] S. For covenants as to the use of its facilities and their maintenance and replacement, and the insurance to be carried on them, and the use and disposition of insurance money; [PL 2001, c. 703, §6 (NEW).] T. For the issuance of bonds in series; [PL 2001, c. 703, §6 (NEW).] U. For the performance of any and all acts as may be in the discretion of the board of trustees necessary, convenient or desirable to secure bonds or that tend to make bonds more marketable; and [PL 2001, c. 703, §6 (NEW).] V. For the issuance of bonds on terms and conditions to effectuate the purpose of this subchapter. [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]

3. Money received. All money received from any bonds issued must be applied solely for loans to municipalities or local development corporations for speculative industrial buildings, for the construction of proposed commercial facilities and improvement of existing or acquired commercial facilities and for the fulfillment of other undertakings that are within the power of the authority. There is created a lien upon the money until so applied in favor of the bondholders or any member of the board of trustees as may be provided in respect of the bonds. [PL 2005, c. 425, §15 (AMD).]

4. Trust indenture. In the discretion of the board of trustees, bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company, located either within or outside the State. Such a trust indenture may pledge or assign the revenues of the authority or any part of it. Any trust indenture may set forth the rights and remedies of the bondholders and the trustee, restrict the individual right of action of bondholders and contain such other provisions as the board of trustees may consider reasonable and proper for the security of bondholders. Expenses incurred in carrying out any trust indenture may be treated as a part of maintenance. [PL 2001, c. 703, §6 (NEW).]

5. Rights of bondholders. Provisions may be made for protecting and enforcing the rights and remedies of bondholders, including covenants as to acquisition of property, construction, maintenance, operation and repair, insurance and the custody, security and application of all money. [PL 2001, c. 703, §6 (NEW).]

6. Depositories. Any trust company or bank having the powers of a trust company and located either within or outside the State may act as a depository of the proceeds of bonds and revenue and may furnish such indemnity or pledge such securities as may be required by the authority. [PL 2001, c. 703, §6 (NEW).]

7. Tax free. The purposes of this subchapter being public and for the benefit of the people of the State, bonds of the authority are free from taxation by the State. [PL 2001, c. 703, §6 (NEW).]

8. Revenue refunding bonds. The authority may issue revenue refunding bonds for the purpose of refunding revenue bonds issued under this subchapter. The issuance of any refunding bonds is the same as provided for in this subchapter relating to revenue bonds. [PL 2001, c. 703, §6 (NEW).]

9. Default. In the event of default on bonds and in the event the default continues for a period of 3 months, action may be brought to enforce the rights of the bondholders by insuring that the operation by the trustees be in conformity with the covenants of the bonds or trust indenture. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 17108 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17108
5 §17108. Investment counsel
Status: in_force

1. Contract. The board may contract with one or more fiduciaries or registered investment advisors. All contracts with fiduciaries or registered investment advisors must have the approval of a majority of the board. [PL 1993, c. 410, Pt. L, §24 (AMD).]

2. Duties. The fiduciary or registered investment advisor has the following duties. A. The fiduciary or registered investment advisor shall invest and reinvest the funds of the retirement system in accordance with the standards defined in Title 18‑B, sections 802 to 807 and chapter 9 . The investment and reinvestment are subject to periodic review by the board. [PL 2003, c. 618, Pt. B, §1 (AMD); PL 2003, c. 618, Pt. B, §20 (AFF).] B. The fiduciary or registered investment advisor shall inform the board immediately of any changes in its investment philosophy. [PL 1985, c. 801, §§5, 7 (NEW).] C. The fiduciary or registered investment advisor shall submit reports of the investments and any changes upon request from the board. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2003, c. 618, Pt. A, §1 (AMD); PL 2003, c. 618, Pt. A, §20 (AFF).]

3. Expenses. The expenses incurred in employing one or more fiduciaries or investment advisors shall be charged to earnings received from investments of the retirement system. [PL 1985, c. 801, §§5, 7 (NEW).]
5 M.R.S. § 7038 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7038
5 §7038. Communications between management and employees
Status: in_force

The officer is responsible for the development and monitoring of a communications process between management and subordinate employees in each agency of State Government. [RR 2023, c. 1, Pt. B, §16 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Factors to be considered. In the development of a communications process for each agency, the officer shall: A. Consider the uniqueness and the responsibilities of each agency; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Consider the valuable information that nonsupervisory employees may contribute to the operation of each agency; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Consider the means, including confidentiality of identity, by which nonsupervisory employees may communicate information about department policies, procedures and practices to the management without intimidation or fear of reprisal from management; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Consider the need for communication between supervisory personnel and policy-influencing persons that is necessary for the efficient and effective implementation of department policies and procedures; [RR 2023, c. 1, Pt. B, §17 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] E. Consider employee evaluation of supervisors as a means of improving supervisory skills and management-employee relations; [PL 1985, c. 785, Pt. B, §38 (NEW).] F. Consider the means by which professional and nonprofessional employees discuss issues of mutual concern on a regular basis; [PL 1985, c. 785, Pt. B, §38 (NEW).] G. Emphasize an approach that promotes cooperation between management and nonsupervisory personnel; and [PL 1985, c. 785, Pt. B, §38 (NEW).] H. Any other variable considered by the officer to be important to the process. [RR 2023, c. 1, Pt. B, §17 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] [RR 2023, c. 1, Pt. B, §17 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

2. Prohibitions. Any department policy, practice or procedure that any agency of State Government adopts or implements and which discriminates against persons for reasons other than merit, special skills or job qualifications or reasons authorized under collective bargaining agreements is void. [PL 1985, c. 785, Pt. B, §38 (NEW).]

3. Communication on a regular basis. Any communications' process established pursuant to this section shall function on a regular basis. [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Penalty for failure to comply. The Commissioner of Administrative and Financial Services may not authorize payment of any debts or liabilities of a department or salaries of persons in policy-influencing positions in a department or agency that, upon written notification by the officer, is not in compliance with this section. [RR 2023, c. 1, Pt. B, §18 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

5. Schedules. The Department of Health and Human Services shall be the first state agency scheduled for review by the Bureau of Human Resources. Findings of this process shall be reported to the joint standing committees of the Legislature having jurisdiction over audit and program review and human resources prior to June 1, 1988. [PL 1987, c. 395, Pt. A, §23 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]