5 M.R.S. § 20077 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20077
5 §20077. Report
Status: in_force

Beginning in 1992, the commissioner shall report annually by February 1st to the joint standing committee of the Legislature having jurisdiction over human resource matters regarding the department's activities under this subchapter. A copy of the report must be sent to the Executive Director of the Legislative Council. [PL 2011, c. 657, Pt. AA, §52 (AMD).]
5 M.R.S. § 1585 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1585
5 §1585. Transfer of unexpended appropriations
Status: in_force

1. Transfer procedures. Any balance of any appropriation or subdivision of an appropriation made by the Legislature for any state department or agency, which at any time may not be required for the purpose named in such appropriations or subdivision, may be transferred at any time prior to the closing of the books to any other appropriation or subdivision of an appropriation made by the Legislature for the use of the same department or agency for the same fiscal year subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Financial orders describing such transfers must be submitted by the Bureau of the Budget to the Office of Fiscal and Program Review 30 days before the transfer is to be implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the committee. Positions, or funding for those positions, that are currently funded with federal or other funds may not be transferred by financial order to the General Fund. Financial orders proposing to transfer 4th or 3rd quarter allotments to the 3rd, 2nd or 1st quarters that result from trends that will cause financial commitments to exceed current appropriations or allocations are subject to the provisions of this section. The Department of Health and Human Services is authorized to transfer funds within the TANF program account to the ASPIRE-TANF program account as often as necessary in order to support and assist participants in obtaining or retaining employment during the fiscal year. In making a transfer of TANF program funds to the ASPIRE-TANF program account, the department does not need to submit a financial order to the committee in advance of the transfer. For purposes of this subsection, "TANF" and "ASPIRE-TANF program" have the same meaning as in Title 22, section 3762, subsection 1, paragraph E and Title 22, section 3781‑A, subsection 1 , respectively. [PL 2009, c. 291, §1 (AMD).]

2. Governor. [PL 1981, c. 702, Pt. T (RP).]

3. Governor and Legislature. [PL 1981, c. 702, Pt. T (RP).]

4. Reorganization of departments. A state department or agency may not transfer Positions or Personal Services, All Other or Capital Expenditures funding between accounts when the expenditures will allow an action to take place that will cause an increased appropriation or allocation request in the baseline budget for any program. [PL 2017, c. 288, Pt. A, §3 (AMD).]
5 M.R.S. § 195 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 195
5 §195. Opinions on questions of law
Status: in_force

The Attorney General shall give a written opinion upon questions of law submitted to the Attorney General by the Governor, by the head of any state department or any of the state agencies or by either branch of the Legislature or any members of the Legislature on legislative matters. [RR 2023, c. 2, Pt. B, §28 (COR).]
5 M.R.S. § 194-B — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-B
5 §194-B. Definitions
Status: in_force

As used in this section and sections 194‑C to 194‑K , unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 550, Pt. A, §2 (NEW).]

1. Control. "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an individual, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, including but not limited to situations in which the power is the result of an official position with the person or a corporate office held by an individual. [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Conversion transaction. "Conversion transaction" means the sale, transfer, lease, exchange, transfer by exercise of an option, conveyance, conversion, merger or other disposition or the transfer of control or governance of the assets or operations of a public charity to a person other than a public charity incorporated or domiciled in this State. A disposition or transfer constitutes a conversion transaction regardless of whether it occurs directly or indirectly and whether it occurs in a single transaction or a related series of transactions. If exercise of an option constitutes a conversion transaction, any consideration received for the granting of the option must be considered part of the transaction for purposes of applying the review criteria in section 194‑G . "Conversion transaction" does not include a transaction that supports or continues the charitable activities of the public charity, including but not limited to: A. Granting of encumbrances in the ordinary course of business, such as security interests or mortgage deeds with respect to assets owned by the public charity or any wholly owned subsidiary to secure indebtedness for borrowed money, the net proceeds of which are paid solely to the public charity or its wholly owned subsidiaries or are applied to the public charity's charitable mission, and the foreclosing or other exercise of remedies permitted with respect to such encumbrances; [PL 2001, c. 550, Pt. A, §2 (NEW).] B. Sales or transfers for fair market value of: (1) Any interest in property owned by the public charity or any wholly owned subsidiary, the net proceeds of which are paid solely to the public charity or any wholly owned subsidiary; or (2) Money or monetary equivalents owned by a public charity or any wholly owned subsidiary in exchange for an interest in property, including securities as defined in Title 32, section 16102, subsection 28 , to be held by the public charity or any wholly owned subsidiary; [PL 2005, c. 65, Pt. C, §2 (AMD).] C. Awards, grants or payments to or on behalf of intended beneficiaries, consistent with the public charity's charitable purpose; and [PL 2001, c. 550, Pt. A, §2 (NEW).] D. A change in the membership of the board of directors or officers of a public charity. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. C, §2 (AMD).]

3. Fair market value. "Fair market value" means the most likely value or range of values that assets, tangible or intangible, being sold would have in a competitive and open market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably and in their own best interest and a reasonable time being allowed for exposure in the open market. If the value of the assets being converted is $500,000 or more, the appraisal must include a value representing volunteer efforts and tax exemptions, if any, received during the operation of the public charity. [PL 2001, c. 550, Pt. A, §2 (NEW).]

4. Independent appraisal of the fair market value. "Independent appraisal of the fair market value" means an appraisal conducted by persons independent of all parties to a proposed conversion transaction and experienced and expert in the area of appraisal of the type and form of property being valued. The appraisal must be conducted using professionally accepted standards for the type and form of property being valued. The appraisal must contain a complete and detailed description of the elements that make up the appraisal values produced and detailed support for the conclusions reached in the appraisal. [PL 2001, c. 550, Pt. A, §2 (NEW).]

5. Person. "Person" means an individual, partnership, trust, estate, corporation, association, joint venture, joint stock company or other organization. [PL 2001, c. 550, Pt. A, §2 (NEW).]

6. Public charity. "Public charity" has the same meaning as in section 194 . [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 102 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 102
5 §102. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

1. Appointment of agent. "Appointment of agent" means a statement appointing an agent for service of process filed by a domestic entity that is not a filing entity or a nonqualified foreign entity under section 112 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Clerk. "Clerk" means the person described in Title 13‑C, chapter 5‑A . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Clerk filing. "Clerk filing" means the public organic document of a domestic filing entity formed under Title 13‑C . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Commercial clerk. "Commercial clerk" means a clerk who is listed under section 106 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Commercial registered agent. "Commercial registered agent" means an individual or a domestic or foreign entity listed under section 106 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

6. Domestic entity. "Domestic entity" means an entity whose internal affairs are governed by the laws of this State. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

7. Entity. "Entity" means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than: A. An individual; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A testamentary, inter vivos or charitable trust, with the exception of a business trust, statutory trust or similar trust; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §1 (AFF).] C. An association or relationship that is not a partnership by reason of Title 31, section 1022, subsection 3 or a similar provision of the law of any other jurisdiction; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. A decedent's estate; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] E. A public corporation, government or governmental subdivision, agency or instrumentality or quasi-governmental instrumentality. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

8. Filing entity. "Filing entity" means an entity that is created by the filing of a public organic document. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

9. Foreign entity. "Foreign entity" means an entity other than a domestic entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

10. Foreign qualification document. "Foreign qualification document" means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

11. Governance interest. "Governance interest" means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to: A. Receive or demand access to information concerning, or the books and records of, the entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. Vote for the election of the governors of the entity; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. Receive notice of or vote on any or all issues involving the internal affairs of the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

12. Governor. "Governor" means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

13. Interest. "Interest" means: A. A governance interest in an unincorporated entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A transferable interest in an unincorporated entity; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. A share or membership in a corporation. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

14. Interest holder. "Interest holder" means a direct holder of an interest. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

15. Jurisdiction of organization. "Jurisdiction of organization," with respect to an entity, means the jurisdiction whose law includes the organic law of the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

16. Noncommercial clerk. "Noncommercial clerk" means a clerk that is not listed as a commercial clerk under section 106 and that is: A. An individual that serves in this State as the agent for service of process of an entity; or [PL 2009, c. 56, §1 (AMD).] B. The individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to section 105, subsection 1, paragraph B , subparagraph (2). [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2009, c. 56, §1 (AMD).]

17. Noncommercial registered agent. "Noncommercial registered agent" means a person that is not listed as a commercial registered agent under section 106 and that is: A. An individual or a domestic or foreign entity that serves in this State as the agent for service of process of an entity; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. The individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to section 105, subsection 1, paragraph B , subparagraph (2). [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

18. Nonqualified foreign entity. "Nonqualified foreign entity" means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

19. Nonresident LLP statement. "Nonresident LLP statement" means: A. A statement of qualification of a domestic limited liability partnership that does not have an office in this State; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A statement of foreign qualification of a foreign limited liability partnership that does not have an office in this State. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

20. Organic law. "Organic law" means the statutes, if any, other than this chapter, governing the internal affairs of an entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

21. Organic rules. "Organic rules" means the public organic document and private organic rules of an entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

22. Person. "Person" means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

23. Private organic rules. "Private organic rules" means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders and are not part of its public organic document, if any. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

24. Public organic document. "Public organic document" means the public record, the filing of which creates an entity, and any amendment to or restatement of that record. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

25. Qualified foreign entity. "Qualified foreign entity" means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

26. Record. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

27. Registered agent. "Registered agent" means a commercial registered agent or a noncommercial registered agent. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

28. Registered agent filing. "Registered agent filing" means: A. The public organic document of a domestic filing entity other than a domestic filing entity formed under Title 13‑C ; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A nonresident LLP statement; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. A foreign qualification document; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. An appointment of agent. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

29. Represented entity. "Represented entity" means: A. A domestic filing entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A domestic or qualified foreign limited liability partnership that does not have an office in this State; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. A qualified foreign entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. A domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] E. A domestic entity that is not a filing entity for which an appointment of agent has been filed; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] F. A nonqualified foreign entity for which an appointment of agent has been filed. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

30. Sign. "Sign" means, with present intent to authenticate or adopt a record: A. To execute or adopt a tangible symbol; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. To attach to or logically associate with the record an electronic sound, symbol or process. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

31. Transferable interest. "Transferable interest" means the right under an entity's organic law to receive distributions from the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

32. Type. "Type," with respect to an entity, means a generic form of entity: A. Recognized at common law; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. Organized under an organic law, whether or not some entities organized under that organic law are subject to provisions of that law that create different categories of the form of entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 3124 — ME Code / Title 5 / Part 8 / Chapter 310-A / Section 3124
5 §3124. Annual public hearing
Status: in_force

In 2022, the office shall convene a public hearing on cost trends no later than October 1st. Beginning in 2023, the office shall convene an annual public hearing no later than October 1st on cost trends and barriers to health care affordability. The hearing must provide an opportunity for public comment on health care cost trends and, beginning in 2023, on barriers to health care affordability. The executive director shall preside over the hearing. [PL 2021, c. 518, §2 (AMD).]
5 M.R.S. § 3105 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3105
5 §3105. Acceptance and administration of funds
Status: in_force

The office may accept, administer and expend funds, including but not limited to funds from the Federal Government or from private sources, for purposes consistent with this chapter. The director shall provide a report of the amount of any outside funding received from private sources and its designated purpose to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than 30 days after receiving the funds. [PL 2011, c. 655, Pt. DD, §5 (NEW); PL 2011, c. 655, Pt. DD, §24 (AFF).]
5 M.R.S. § 20074 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20074
5 §20074. Separation of evaluation and treatment functions
Status: in_force

A Driver Education and Evaluation Programs private practitioner or a counselor employed by a substance use disorder treatment facility approved or licensed by the department providing services under this subchapter may not provide both treatment services and evaluation services for the same individual participating in programs under this subchapter unless a waiver is granted on a case-by-case basis by the Driver Education and Evaluation Programs. The practitioner or counselor providing evaluation services shall give a client the name of 3 practitioners or counselors who can provide treatment services, at least one of whom is not employed by the same agency as the practitioner or counselor conducting the evaluation. [PL 2017, c. 407, Pt. A, §45 (AMD).]
5 M.R.S. § 13110-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13110-A
5 §13110-A. Maine EPSCoR Capacity Fund
Status: in_force

The Maine EPSCoR Capacity Fund is established within the office to provide the matching funds that are required by several federal agencies in their EPSCoR activities. The fund must be used to match EPSCoR awards, and is a nonlapsing Other Special Revenue Funds account. [PL 2003, c. 673, Pt. M, §8 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Fund" means the Maine EPSCoR Capacity Fund account within the Other Special Revenue Funds account. [PL 2003, c. 673, Pt. M, §8 (NEW).] B. "Match" means the cash commitment required from the State as defined by a federal funding agency. Match requirements vary among federal agencies. [PL 2003, c. 673, Pt. M, §8 (NEW).] C. "Research capacity committee" means the Governor's Maine Science and Technology Advisory Council referred to in section 13110 . [PL 2007, c. 240, Pt. K, §3 (AMD).] [PL 2007, c. 240, Pt. K, §3 (AMD).]

2. Organization. The commissioner, at the commissioner's discretion, may delegate the administration of the fund to the director of the office. The research capacity committee shall advise the commissioner or the director of the office on the use of the funds. [PL 2003, c. 673, Pt. M, §8 (NEW).]

3. Guidelines. The commissioner or the director of the office, with the advice of the research capacity committee, shall establish guidelines for cash and in-kind match requirements based on the activities to be supported with the fund. Match levels must reflect the requirements identified by federal funding agencies. [PL 2003, c. 673, Pt. M, §8 (NEW).]
5 M.R.S. § 452 — ME Code / Title 5 / Part 1 / Chapter 18 / Section 452
5 §452. Mining Excise Tax Trust Fund
Status: in_force

There is created a separate trust fund to be known as the Mining Excise Tax Trust Fund, referred to in this chapter as the "fund," to replace the loss to the State of a nonrenewable natural resource, to protect the State's environment and to protect municipalities from any adverse impact resulting from mining of metallic minerals. [PL 1991, c. 799, §2 (AMD).]

1. Nonlapsing fund. The fund may not lapse. [PL 1991, c. 799, §2 (AMD).]

2. Investment. The Treasurer of State shall invest the fund in accordance with section 138 . [PL 1981, c. 711, §2 (NEW).]

3. Principal limit. [PL 1991, c. 799, §2 (RP).]
5 M.R.S. § 1710-H — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-H
5 §1710-H. Meetings
Status: in_force

The committee shall meet at least 3 times a year. Additional meetings may be called by a majority vote of the committee or by the State Budget Officer as specified in section 1710‑G . [PL 2017, c. 284, Pt. N, §5 (AMD).]
5 M.R.S. § 1553 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1553
5 §1553. Standards
Status: in_force

The commissioner shall require state agencies to assure prompt payment by means of the following standards. [PL 1983, c. 655 (NEW).]

1. Required payment date. The required payment date for any proper invoice for which a state agency has incurred an obligation to a business concern shall be no more than 25 working days from the date the state agency receives a proper invoice or from the date of receipt of the property, products or services, whichever is later, unless the agency and the business concern have agreed to another payment date. [PL 1983, c. 655 (NEW).]

2. Notice of receipt of improper invoice. In the event the state agency receives an improper invoice, the agency shall immediately notify the business concern in writing. This written notice shall reasonably describe why the invoice is deemed to be improper. Disputes shall be handled under section 1510‑A . [PL 1983, c. 655 (NEW).]

3. Specifications of a required payment date for corrected invoices. In the event that an improper invoice is received by a state agency, it shall be returned within 15 days of receipt to the business concern for correction. Upon receiving a corrected invoice, payment shall be made in accordance with subsection 1 . [PL 1983, c. 655 (NEW).]

4. Procedure for submitting invoices to controller. An expeditious procedure shall be developed for the submission of invoices received by a state agency to the controller. In the event that obligations of an agency are not paid through the controller, a procedure shall be developed by the commissioner to ensure prompt payment. [PL 1983, c. 655 (NEW).]

5. Duties of the state agency. It shall be the responsibility of the state agency that incurs a late fee pursuant to this chapter to calculate the amount of the late fee and add that fee to the amount of the invoice prior to submission of the invoice to the controller. In calculating the amount of the late fee which will be added to the invoice, the state agency shall assume and calculate an additional late fee equivalent to the 10 working days necessary for the invoice to be processed by the controller. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 17103 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17103
5 §17103. Duties of the board of trustees
Status: in_force

In addition to other duties set out in this Part, the board shall have the following duties. [PL 1985, c. 801, §§5, 7 (NEW).]

1. Operation of retirement system. The board shall have responsibility for the proper operation of the retirement system and for making this Part effective. [PL 1985, c. 801, §§5, 7 (NEW).]

2. Policy-making and supervision. The board shall formulate policies and exercise general supervision under this Part. [PL 1985, c. 801, §§5, 7 (NEW).]

3. Meeting. The board shall meet as it determines necessary for the transaction of such business as may properly come before it. [PL 2017, c. 88, §11 (AMD).]

4. Rules. Subject to the limitations of this Part, and subject to the requirements of chapter 375, subchapter II , to the extent those requirements are applicable, the board shall, from time to time, establish rules for the administration of the funds created by this Part and for the transaction of business, including rules establishing the requirements for a beneficiary to qualify as a full-time student. [PL 1985, c. 801, §§5, 7 (NEW).]

5. Determination of employee. In all cases of doubt, the board shall determine whether any person is an employee. [PL 1985, c. 801, §§5, 7 (NEW).]

6. Rights, credits, privileges and membership eligibility; decisions. The board shall in all cases make the final and determining administrative decision in all matters affecting the rights, credits and privileges of all members of all programs of the retirement system whether in participating local districts or in the state service. The board shall also in all cases make the final and determining administrative decision on membership eligibility based on employee membership elections as reported by the employer pursuant to section 17054‑A , the applicable retirement system laws and rules and the requirements of the Internal Revenue Code and United States Treasury regulations applicable to governmental qualified defined benefit plans. The board otherwise has no jurisdiction to hear a matter or make an administrative decision regarding a claim of an employee of a local plan for which membership is optional pursuant to section 18252 , if that claim applies to a time when the employee was not a member of the retirement system. Whenever the board finds that, because of an error or omission on the part of the employer of a member or retired member, a member or retired member is required to make a payment or payments to the retirement system, the board may waive payment of all or part of the amount due from the member or retired member. In these instances of recovery of overpayments from members of the retirement system, the retirement system is governed by section 17054, subsection 3 . [PL 2021, c. 548, §10 (AMD).]

6-A. Communication between the board and members of the retirement system. Communications between the board and members of the retirement system are governed by this subsection. A. The board shall make all members aware of the requirements in law or rule and any changes to these requirements governing retirees, disability benefits and any other benefits provided by the retirement system. All retirement information provided to retirement system members must be provided by highly competent individuals well-trained and knowledgeable about the benefits and requirements of the retirement system in both law and rules, including requirements to qualify for disability retirement, and including information provided by individuals representing participating local districts to members. The board shall provide applicants for retirement or disability status with materials summarizing the most significant requirements and restrictions in state laws and rules to include, at a minimum, retirement benefits, postretirement employment and responsibilities of retirees. These materials must be clearly written in simple and understandable terms. [PL 2009, c. 322, §3 (NEW).] B. In the event that a member requests to retire before normal retirement age, it is the primary responsibility of the retirement system to ensure through all feasible means that the member is informed of all the restrictions related to early retirement. [PL 2009, c. 322, §3 (NEW).] [PL 2009, c. 322, §3 (NEW).]

7. Administrative and financial decisions. The board shall make the final decision on all matters pertaining to administration, actuarial assumptions, actuarial recommendations and the reserves and the investments of the retirement system and direct cash receipts as it considers appropriate, notwithstanding section 131 . Notwithstanding any other provision of law, the board, as the employer of the staff of the retirement system and as the executive body, shall establish policies and make decisions on matters pertaining to the administration and operations of the Maine Public Employees Retirement System as an independent agency, including, but not limited to, personnel and payroll, accounting and financial matters, acquisition and disposition of capital assets and data processing. The board may delegate these duties and responsibilities as it considers appropriate. Board policies regarding the operation of its administrative offices must be consistent with applicable state and federal health and safety requirements. A. If the decision is related to or results in rules, rules must be adopted as provided in subsection 4 . [PL 1993, c. 410, Pt. L, §18 (AMD).] B. If the decision determines the rights, credits or privileges of an individual member or group of members, the determination is considered an adjudicatory proceeding under chapter 375, subchapter 4 and may be made only after the giving of notice as required in that subchapter and after hearing if a hearing is requested by a person whose rights, credits or privileges are to be determined. A hearing must be conducted in accordance with chapter 375 . [PL 2007, c. 249, §10 (AMD).] [PL 2007, c. 58, §3 (REV); PL 2007, c. 249, §10 (AMD).]

8. Chief executive officer. The board shall appoint a chief executive officer, whose salary must be set by the board subject to the requirements of Title 2, section 6‑D . [PL 2021, c. 548, §11 (AMD).]

9. Review of statutory amendments. The board shall review all amendments to this Part that are proposed to be enacted by the Legislature and shall report to the proper legislative committee or authority on the impact of each of those amendments on the retirement system. A. The report shall state the impact of each amendment on all aspects of the retirement system, including the amendment's purposes, the resulting equitable or inequitable treatment of members, the funding of the costs of benefits, the amendment's consistency with other provisions of this Part and the value of the amendment to the retirement system. [PL 1985, c. 801, §§5, 7 (NEW).] B. When determined necessary by the retirement system or directed by the legislative committee or a member of that committee, the report on each amendment must include a separate evaluation by the actuary. [PL 1993, c. 595, §4 (AMD).] [PL 1993, c. 595, §4 (AMD).]

10. Review of special resolves. The board shall review, in the manner described in subsection 9 , all special resolves or other legislation which propose to grant benefits to be paid to any person by the retirement system and to which the person would not be entitled under the provisions of this Part but for the enactment of the special resolve or other legislation. [PL 1985, c. 801, §§5, 7 (NEW).]

11. Report to Legislature. The board shall make a written report to the appropriate legislative committee on or before March 1st of each year that must contain: A. A discussion of any areas of policy or administration that, in the opinion of the board, should be brought to the attention of the committee; [PL 1997, c. 651, §3 (AMD).] B. Any proposed legislation amending the retirement system law that the board recommends to improve the retirement system. The joint standing committee of the Legislature having jurisdiction over public employee retirement matters may submit legislation required to implement recommendations made pursuant to this paragraph; [PL 2017, c. 88, §12 (AMD).] C. [PL 2015, c. 385, §4 (RP).] D. A review of the operations of the retirement system, including a summary of administrative expenses and improvements in the delivery of services to members of the retirement system; [PL 2009, c. 322, §4 (AMD).] E. A budget report showing the budget status of the administrative operations and functions of the system for the current fiscal year relative to the budget for the current fiscal year; [PL 2009, c. 322, §4 (AMD).] F. The number of individuals who retired in the previous calendar year categorized by plan status; [PL 2009, c. 322, §4 (NEW).] G. The number of new active members of the retirement system who became members during the previous year, by plan status; [PL 2009, c. 322, §4 (NEW).] H. The amount of earnings on investment in the previous calendar year; [PL 2009, c. 322, §4 (NEW).] I. The total amount of employee and employer contributions to the retirement system in the previous calendar year and the total amount of payout to retirees, categorized by plan status; [PL 2021, c. 548, §12 (AMD).] J. The number of persons who applied for disability retirement during the previous calendar year including: (1) The number of applicants for disability retirement who were awarded benefits at the application stage; (3) The number of applicants for disability retirement who appealed decisions that denied disability retirement status; and (4) The number of applicants who were granted disability retirement following their appeals; and [PL 2021, c. 548, §§13-15 (AMD).] K. Data from a survey of members and employees that measures the level of satisfaction and experience that members and employees have with the retirement system. For the purposes of this paragraph, "employee" means an employee of the retirement system. [PL 2021, c. 548, §16 (NEW).] [PL 2021, c. 548, §§12-16 (AMD).]

12. Defined contribution, deferred compensation and tax sheltered annuity plans. The board shall establish one or more defined contribution, deferred compensation or tax sheltered annuity plans consistent with the applicable requirements of the Internal Revenue Code and may, with employer agreement, offer participation in such plans to employees eligible for membership in a retirement program of the retirement system and to employees of the Maine Retirement Savings Board. [PL 2023, c. 167, §15 (AMD).]

13. Budget. By June 15th, annually, the board shall adopt an operating budget for the subsequent fiscal year. [PL 2017, c. 88, §13 (RPR).]

14. Collective bargaining agreements. [PL 2015, c. 385, §5 (RP).]
5 M.R.S. § 12007 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12007
5 §12007. Clerk of board
Status: in_force

1. Appointment. Each board shall appoint a clerk who is responsible for submitting reports to and responding to the Secretary of State and the Commissioner of Administrative and Financial Services. Each clerk shall provide the Secretary of State and Commissioner of Administrative and Financial Services with the mailing address of the board and the clerk as required in this chapter. Each clerk shall respond and report in a timely manner as provided in this chapter. [PL 1991, c. 780, Pt. Y, §104 (AMD).]

2. Penalty. Any board which fails to appoint a clerk and report as required shall be subject to the penalties in section 12006 . [PL 1987, c. 786, §8 (NEW).]
5 M.R.S. § 902 — ME Code / Title 5 / Part 2 / Chapter 69 / Section 902
5 §902. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 270, §4 (NEW).]

1. Alternative working hours employment. "Alternative working hours employment" means employment in the classified or unclassified service capable of being filled through flexible hours, job-sharing or part-time employment, as defined in subsections 2 , 3 and 4 . [PL 1981, c. 270, §4 (NEW).]

2. Flexible hours employment. "Flexible hours employment" means employment where the full-time employees of a specific work unit and shift are authorized to set different working hours around a basic core of hours during which all full-time unit employees are to be at work. [PL 1981, c. 270, §4 (NEW).]

3. Job-sharing employment. "Job-sharing employment" means employment where 2 or more persons share one position. [PL 1993, c. 707, Pt. G, §1 (AMD).]

4. Part-time employment. "Part-time employment" means employment for less than the standard work week for the class and agency on regularly scheduled hours each week for the position. [PL 1981, c. 270, §4 (NEW).]
5 M.R.S. § 59 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 59
5 §59. Juneteenth established as state holiday
Status: in_force

The State designates June 19th of each year as Juneteenth and as a state holiday. All nonessential state offices must be closed on Juneteenth. [PL 2021, c. 140, §2 (NEW).]
5 M.R.S. § 1 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 1
5 §1. Appointment of temporary officials; removal; salary
Status: in_force

In order to provide for the uninterrupted and orderly functioning of any agency, board, commission or department of the State Government during a vacancy in the office of the appointive or elective head thereof and whenever there is no state official, deputy, assistant or other state employee duly authorized by law to exercise the powers and perform the duties of the appointive or elective head during the vacancy, the Governor is empowered to appoint a temporary deputy commissioner to exercise the powers and perform the duties of the appointive or elective head of the office during the vacancy. The term of office of a temporary deputy commissioner so appointed is at the pleasure of the Governor and may not extend beyond the date of qualification of a successor to the office of appointive or elective head of the agency, board, commission or department or 60 days from the date of the temporary deputy commissioner's appointment, whichever occurs first. The term of office of a temporary deputy commissioner so appointed to an office to which appointments are by law subject to confirmation by the Legislature is at the pleasure of the Governor and may not extend beyond the date of qualification of a successor appointed to the office or 6 months from the date of the temporary deputy commissioner's appointment, whichever occurs first. A temporary deputy commissioner is not eligible for reappointment. A temporary deputy commissioner must be appointed from the personnel of the agency, board, commission or department in which the vacancy occurs. [PL 2025, c. 390, Pt. A, §4 (AMD).]

During the term of the temporary deputy commissioner's appointment, the temporary deputy commissioner must be paid a salary to be determined by the Governor but not to exceed that received by the appointive or elective head at the termination of the head's services with the State Government. [PL 2025, c. 390, Pt. A, §4 (AMD).]

In the event an employee in the classified service of the State Government is appointed as a temporary deputy commissioner, the employee, during the term of the employee's appointment as temporary deputy commissioner, retains all of the rights and all of the retirement benefits to which the employee may be entitled as a classified employee of the State Government. [PL 2025, c. 390, Pt. A, §4 (AMD).]
5 M.R.S. § 4655 — ME Code / Title 5 / Part 12 / Chapter 337-A / Section 4655
5 §4655. Relief
Status: in_force

1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the harassment alleged, may grant any protection order or approve any consent agreement to bring about a cessation of harassment, which may include: A. Directing the defendant to refrain from harassing, threatening, assaulting, molesting, attacking or otherwise abusing the plaintiff or the plaintiff's employees; [PL 1995, c. 265, §7 (AMD).] B. Directing the defendant to refrain from going on the premises of the plaintiff's residence or property, provided that the court may not use this subsection to evict a defendant from the rental premises in an action brought by a plaintiff; [PL 1995, c. 265, §8 (AMD).] C. Directing the defendant to refrain from interference with or destruction of the plaintiff's property; [PL 1993, c. 199, §6 (AMD).] C-1. Directing the defendant to refrain from repeatedly and without reasonable cause: (1) Following the plaintiff; or (2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment; [PL 1993, c. 475, §2 (NEW).] C-2. Directing the defendant to refrain from having any direct or indirect contact with the plaintiff; [PL 2001, c. 134, §3 (NEW).] D. Ordering payment of monetary compensation to the plaintiff for losses suffered as a direct result of the harassment. Compensatory losses are limited to loss of earnings or support; reasonable expenses incurred for safety protection; reasonable expenses incurred for personal injuries or property damage; and reasonable moving expenses. Upon the motion of either party, for sufficient cause, the court may set a later hearing on the issue of the amount of damages, if any, to be awarded. If it appears from the complaint that an order under this paragraph may be granted, the plaintiff or defendant may remove the issue of monetary compensation to the Superior Court where a jury trial may be had. Removal must be requested by motion prior to a hearing under section 4654 ; [PL 2003, c. 658, §8 (AMD).] E. Ordering the defendant to pay court costs or reasonable attorney's fees; [PL 2015, c. 410, Pt. C, §5 (AMD); PL 2015, c. 443, §5 (AMD).] F. Entering any other orders determined necessary or appropriate in the discretion of the court; [PL 2017, c. 288, Pt. A, §8 (RPR).] G. With respect to unauthorized dissemination of certain private images as described in Title 17‑A, section 511‑A , ordering the defendant to remove, destroy or return or to direct the removal, destruction or return of the private images, ordering the defendant to cease the dissemination of the private images and prohibiting the defendant from disseminating the private images; [PL 2017, c. 288, Pt. A, §9 (RPR).] H. With respect to unauthorized dissemination of certain private images as described in Title 17‑A, section 511‑A , entering any orders determined necessary or appropriate in the discretion of the court, including but not limited to ordering the defendant to pay costs associated with removal, destruction or return of the private images; or [PL 2017, c. 288, Pt. A, §10 (AMD).] I. Prohibiting the defendant from destroying, transferring or tampering with the plaintiff's passport or other immigration document in the defendant's possession. [PL 2017, c. 288, Pt. A, §11 (NEW).] If the court enjoins the defendant under this subsection, and the enjoined conduct constitutes harassment under Title 17‑A, section 506‑A , the court shall include in the order a warning in conformity with Title 17‑A, section 506‑A . [PL 2017, c. 288, Pt. A, §§8-11 (AMD).]

1-A. Judgment against plaintiff. If a judgment is entered against the plaintiff and the court finds that the complaint is frivolous, the court may order the plaintiff to pay court costs, reasonable attorney's fees or both. [PL 2009, c. 263, §1 (NEW).]

2. Duration. Any protective order or approved consent agreement shall be for a fixed period not to exceed one year. At the expiration of that time, the court may extend an order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff from harassment. Upon motion by either party, for sufficient cause, the court may modify the order or agreement from time to time as circumstances require. [PL 1987, c. 515, §1 (NEW).]

3. Consequences of violation. Any protective order or approved consent agreement shall indicate, in a clear and conspicuous manner, the potential consequences of violation of the order or agreement. [PL 1987, c. 515, §1 (NEW).]

4. Title to property. No order or agreement may affect title to any real property. [PL 1987, c. 515, §1 (NEW).]

5. Bond prohibited. The court shall not require the execution of a bond by the plaintiff prior to issuance of any order of protection. [PL 1987, c. 515, §1 (NEW).]

6. Service of order or consent decree. The court shall order a law enforcement agency; or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 ; or, if the defendant is in the custody of the Department of Corrections, the chief administrative officer or the chief administrative officer's designee at the correctional facility, to serve the defendant personally with a protective order or consent decree. A. Notwithstanding any other provision of law, service of an order may be made pursuant to this section through the use of electronically transmitted printed copies of orders that have been transmitted directly from the court to the law enforcement agency or correctional facility making service. Return of proof of service may be made by electronic transmission of the proof of service directly to the court from the law enforcement officer making service or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility making service. [PL 2009, c. 555, §2 (NEW).] B. In any subsequent criminal prosecution for violation of this section when the service of an order was made through the use of an electronically transmitted printed copy of the order, with 10 days' advance written notice to the prosecution, the defendant may request that the prosecution call as a witness the law enforcement officer who served the order or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility that served the order. [PL 2009, c. 555, §3 (NEW).] [PL 2009, c. 555, §§2, 3 (AMD).]
5 M.R.S. § 18101 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18101
5 §18101. Long-term disability insurance coverage authorized
Status: in_force

The board may offer long-term disability insurance coverage to members through their employer and may contract with one or more insurance companies to provide this coverage. [PL 2017, c. 378, §1 (NEW).]

1. Premiums. All premiums and any other amounts due to an insurance company or other 3rd party in connection with coverage under this subchapter must be borne by the covered person, the covered person's employer or both the covered person and the covered person's employer. [PL 2017, c. 378, §1 (NEW).]

2. Rules. The board may adopt rules to implement this subchapter. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2017, c. 378, §1 (NEW).]
5 M.R.S. § 18801 — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18801
5 §18801. Plan
Status: in_force

There is established the Participating Local District Consolidated Retirement Plan as a governmental qualified defined benefit plan pursuant to Sections 401(a) and 414(d) of the Internal Revenue Code and such other provisions of the Internal Revenue Code and United States Treasury regulations and other guidance as are applicable, which has the powers and privileges of a corporation. The purpose of the Participating Local District Consolidated Retirement Plan is to provide retirement allowances and other benefits under this chapter for employees of participating local districts that contract with the retirement system in accordance with section 18804 . The board shall establish by rule the plan provisions of the Participating Local District Consolidated Retirement Plan. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 392, §10 (AMD).]

1. Plan content. Benefits provided by the plan must be selected from benefits included in chapter 423 , chapter 425 or this chapter and must include, but are not limited to: A. Service retirement benefits, including: (1) Several plans, with levels of benefits to meet the needs of various classes of employees and employers; and (2) Portability of benefits when a member changes plans or employers; [PL 1989, c. 811, §3 (NEW).] B. Death benefits; [PL 1989, c. 811, §3 (NEW).] C. Disability retirement benefits; [PL 1989, c. 811, §3 (NEW).] D. Compulsory requirements except: (1) Optional membership for those employees permitted optional membership under chapter 425 ; and (2) Optional membership for those employees who are not subject to the municipal public employees labor relations laws contained in Title 26, chapter 9‑A ; and [PL 1991, c. 300, §1 (AMD).] E. A defined contribution plan consistent with the United States Internal Revenue Code. [PL 1989, c. 811, §3 (NEW).] [PL 1991, c. 300, §1 (AMD).]

2. Amendments. Any benefit provision selected from chapter 423 , chapter 425 or this chapter to be included in the plan that is subsequently amended is not considered to have been amended for purposes of the plan until the rule that established the plan is amended to include the amended version of the benefit provision. [PL 1991, c. 300, §1 (AMD).]

3. No reduction of benefits. The level of service retirement benefits for employees of participating local districts that adopt the plan may not be reduced with relation to either benefits based upon service before adoption of the plan or benefits based upon service after adoption of the plan. As used in this subsection, "level of service retirement benefits" means the service credit accrual rate, the number of years included in the definition of "average final compensation," the age and creditable service requirements for receiving an unreduced benefit and the basic benefit formula of years of creditable service multiplied by the service credit accrual rate and average final compensation. [PL 2017, c. 392, §11 (AMD).]

4. Implementation of plan. The board, as part of its rules, shall set the minimum number of local districts that must contract for participation and the minimum number of members before the plan is put into operation. The rules must contain provisions related to the transition from participation in chapter 425 to participation in this plan by local districts and for setting the date when participation of the employees of a participating local district in this plan begins. All local districts that are participating local districts under chapter 425 on the date the plan is put into operation must elect to join the consolidated plan, be transferred to the consolidated plan or withdraw from the Participating Local District Retirement Program, in accordance with rules established by the board. [PL 2007, c. 491, §251 (AMD).]

5. Disbanded or dissolved local district. The board, as part of its rules, shall provide for the procedure to be followed regarding the membership and benefits of employees of a participating local district that disbands or is dissolved. [PL 1989, c. 811, §3 (NEW).]

6. Plan design and amendments. The rules adopted by the board must be based entirely upon proposals for the consolidated retirement plan and proposed amendments to the consolidated retirement plan received from the Participating Local District Advisory Committee or from the retirement system staff. The board shall adopt as a rule any proposal received from the Participating Local District Advisory Committee or return the proposal to the advisory committee with a statement setting forth the reasons for not adopting the proposal. [PL 2003, c. 387, §12 (AMD).]

7. Rule-making procedure. The rules and amendments established by the board must be adopted in accordance with and subject to judicial review as set forth in chapter 375, subchapter II , to the extent chapter 375 is applicable. [PL 1989, c. 811, §3 (NEW).]
5 M.R.S. § 53 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 53
5 §53. Value of fringe benefits
Status: in_force

Every state agency, department, board, commission, institution, authority or public instrumentality shall include in every publication that states the salary of an employee or a position a statement of the dollar value of the fringe benefit package provided. For purposes of this section, "fringe benefits" includes an employer's cost of an employee's health insurance, dental insurance and retirement but does not include the amount paid to cover any unfunded liability. [PL 1995, c. 37, §2 (NEW).]
5 M.R.S. § 13090-G — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-G
5 §13090-G. Travel Promotion Matching Fund Program (REALLOCATED FROM TITLE 5, SECTION 13080-S)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 13080-S)

1. Statement of purpose. The Travel Promotion Matching Fund Program is established for the following purposes: A. To allow the State to provide part of the funds necessary for public and private, nonprofit travel promotional organizations to conduct promotional programs; and [RR 1995, c. 2, §11 (RAL).] B. To strengthen the State's image by coordinating the promotional efforts of the private sector with those of the Office of Tourism. [PL 2003, c. 198, §11 (AMD).] [PL 2003, c. 198, §11 (AMD).]

2. Eligible organization. Matching funds must be made available to those nonprofit travel promotional organizations that best meet the purposes of this section. An organization may not disburse state matching funds to a private, for-profit business for the purpose of promoting its goods, services, functions or activities. [RR 1995, c. 2, §11 (RAL).]

3. Limitations. This section does not reduce any organization's financial participation in any ongoing project, but rather to increase or develop new programs. The grant program as established in subsection 4 , must be geared to specific promotional efforts and costs and is not intended to match any administrative costs, including any form of personal services. [RR 1995, c. 2, §11 (RAL).]

4. Administration. The Office of Tourism in consultation with the tourism industry shall administer the Travel Promotion Matching Fund Program with such flexibility as to bring about the most effective and economical travel promotion program possible. Applications from all regions of the State must be equally considered. The Office of Tourism shall consult with the tourism industry in the development of rules and procedures necessary and appropriate to the proper operation of the Travel Promotion Matching Fund Program. These rules must establish eligibility requirements, allocation formulas, application procedures and criteria subject to the final approval of the commissioner. The Office of Tourism, in consultation with the tourism industry, shall establish a schedule and process for review and approval of grant applications. Grants must be approved by the Director of the Office of Tourism prior to any disbursement of funds. [PL 2011, c. 563, §7 (AMD).]

5. Bookkeeping systems. The department and all tourist promotional organizations qualifying for matching funds under this section shall keep accurate records of any applications, transactions, payment receipts and correspondence relating to the implementation of the Travel Promotion Matching Fund Program. A. The department shall establish a standard accounting procedure to be used by any organization receiving money under this section. [RR 1995, c. 2, §11 (RAL).] B. The records of any organization pertaining to accounts and contracts funded with money under this section must be open to audit by the State or by any firm employed by the State to audit these records. [RR 1995, c. 2, §11 (RAL).] Additional matching funds may not be awarded to an organization until the provisions of this subsection have been met. [RR 1995, c. 2, §11 (RAL).]
5 M.R.S. § 6203-F — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-F
5 §6203-F. Conservation Land Management Fund
Status: in_force

1. Fund established. There is established the Conservation Land Management Fund that is administered by the board. The Conservation Land Management 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 Land Management 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 Land Management Fund become part of the assets of the Land for Maine's Future Trust Fund. Any balance remaining in the Conservation Land Management Fund at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 284, §10 (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, §7 (AMD).]

3. Fund proceeds. The proceeds of the Conservation Land Management Fund may be applied and expended to: A. Make capital improvements to enhance public recreational opportunities on permanently conserved state, municipal and private conservation lands; and [PL 2023, c. 284, §10 (NEW).] B. Enhance wildlife habitat protection on permanently conserved state, municipal and private conservation lands. [PL 2023, c. 284, §10 (NEW).] [PL 2023, c. 284, §10 (NEW).]
5 M.R.S. § 11053 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11053
5 §11053. Collaboration between agencies and Indian tribes
Status: in_force

1. Required policies. An agency shall develop and implement a policy that: A. Promotes effective communication and collaboration between the agency and the Indian tribes; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Promotes positive government-to-government relations between the State and the Indian tribes; [PL 2021, c. 681, Pt. A, §1 (NEW).] C. Promotes cultural competency in the agency's interactions with the Indian tribes and tribal members; [PL 2021, c. 681, Pt. A, §1 (NEW).] D. Establishes a process for collaboration between the agency and the Indian tribes regarding the agency's programs, rules and services that substantially and uniquely affect the Indian tribes or tribal members. In the context of emergency rulemaking pursuant to section 8054 , the policy must require notice and collaboration to the extent practicable. Collaboration under this paragraph must be in addition to any process available to members of the general public and must include: (1) Providing the Indian tribes reasonable written notice of the contemplated program, rule or service; (2) Allowing the Indian tribes a reasonable opportunity to provide information, advice and opinions on the contemplated program, rule or service; (3) Requiring the agency to consider the information, advice and opinions it receives from the Indian tribes under subparagraph (2); and (4) Requiring the agency to make reasonable efforts to complete the collaboration process before taking final action on the contemplated program or service or, in the case of a rule, before publication of the proposed rule pursuant to section 8053, subsection 5 ; and [PL 2021, c. 681, Pt. A, §1 (NEW).] E. Establishes a method for informing employees of the agency of the provisions of this Act and the policy that the agency adopts pursuant to this section. [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]

2. Consultation in policy development. An agency shall request comments from each Indian tribe and the Maine Indian Tribal-State Commission, and consider each comment received, before adopting a policy under subsection 1 . [PL 2021, c. 681, Pt. A, §1 (NEW).]

3. Tribal liaison. An agency shall designate an individual who reports directly to the head of the agency to serve as the agency's tribal liaison. The tribal liaison shall: A. Assist with developing and ensuring the implementation of the policy required by subsection 1 ; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Serve as a contact person responsible for facilitating effective communication between the agency and the Indian tribes; and [PL 2021, c. 681, Pt. A, §1 (NEW).] C. Coordinate the training of agency employees as provided in section 11054. [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 4604 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4604
5 §4604. Enforcement
Status: in_force

The Commissioner of Education, or a designee, may participate in predetermination resolution and conciliation efforts of the commission as follows: [PL 1989, c. 700, Pt. A, §18 (AMD).]

1. Notification of results of preliminary investigations. The Commissioner of Education shall be informed of the results of preliminary investigations into complaints of unlawful educational discrimination concerning public schools and programs and private schools approved for tuition purposes. [PL 1989, c. 700, Pt. A, §18 (AMD).]

2. Notification of findings of unlawful educational discrimination; informal conciliation efforts. The Commissioner of Education shall be informed of any finding that unlawful educational discrimination has occurred in a public school or program or a private school or program approved for tuition purposes. The commissioner may participate in informal conciliation efforts made pursuant to section 4612, subsection 3 and shall, upon request, have access to all information concerning these conciliation efforts. [PL 1989, c. 700, Pt. A, §18 (AMD).]
5 M.R.S. § 11007 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11007
5 §11007. Manner and scope of review
Status: in_force

1. Schedule. The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument. [PL 1977, c. 551, §3 (NEW).]

2. Review by court. Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury. [PL 1977, c. 551, §3 (NEW).]

3. Judgment. The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106‑A and 17106‑B , the court shall review the matter de novo. [PL 2021, c. 277, §10 (AMD); PL 2021, c. 277, §45 (AFF).]

4. Decision. The court may: A. Affirm the decision of the agency; [PL 1977, c. 551, §3 (NEW).] B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or [PL 1977, c. 551, §3 (NEW).] C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by bias or error of law; (5) Unsupported by substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 18506 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18506
5 §18506. Reduction in amount of benefit
Status: in_force

1. Excess compensation. If the compensation received from engaging in any gainful occupation by a beneficiary of a disability retirement benefit exceeds $20,000 in calendar year 2000 or in any subsequent calendar year exceeds that amount cumulatively increased by the same percentage adjustments granted under section 18407 : A. The excess must be deducted from the disability or service retirement benefits in accordance with section 17054, subsection 3 ; and [PL 2025, c. 221, §42 (AMD).] B. The beneficiary shall reimburse the retirement system for any excess payments not deducted under paragraph A . [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2025, c. 221, §42 (AMD).]

2. Disability payments under other laws. The reduction of disability retirement benefits because of disability benefits received under other laws is governed as follows. A. The amount of any disability retirement benefit payable under this article must be reduced by any amount received by the beneficiary for the same disability under either or both of the following: (1) The workers' compensation or similar law, except amounts that may be paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 ; or (2) The United States Social Security Act, if the employment for which creditable service with the employer is allowed was also covered under that Act at the date of disability retirement. [PL 1993, c. 680, Pt. A, §17 (AMD).] B. Disability retirement benefits shall be calculated as follows: (1) The initial disability retirement benefit shall be reduced if necessary so that the benefit plus any benefits under paragraph A do not exceed 80% of the beneficiary's average final compensation; (2) Subsequent cost-of-living adjustments applied to any benefit listed under paragraph A shall be excluded from the calculations under subparagraph (1); (3) Adjustments under section 18407 shall be applied to that portion of disability retirement benefits calculated under subparagraph (1); and (4) If a beneficiary receives a benefit under paragraph C , the 80% limit under subparagraph (1) shall not include adjustments under section 18407 . [PL 1987, c. 458, §2 (RPR).] C. The disability retirement benefit may not be reduced below the amount of the retirement benefit that is the actuarial equivalent of the member's accumulated contributions at the time of the member's retirement. [RR 2023, c. 2, Pt. B, §151 (COR).] D. Lump-sum settlements of benefits that would reduce the disability retirement benefit under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. (1) These prorated lump-sum settlements may not include any part of the lump-sum settlement attributable to vocational rehabilitation, attorneys' fees, physicians, nurses, hospital, medical, surgical or related fees or charges or any amount paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . (2) These prorated lump-sum settlements must reduce the disability retirement benefit in the same manner and amount as monthly benefits under this subsection. [PL 1993, c. 680, Pt. A, §18 (AMD).] E. Any dispute about amounts paid or payable under workers' compensation or about the amount of the lump-sum settlement and its attributions must be determined, on petition, by a single member of the Workers' Compensation Board, in accordance with Title 39‑A . These determinations may be appealed under Title 39‑A, section 322 . [PL 1991, c. 885, Pt. E, §14 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [RR 2023, c. 2, Pt. B, §151 (COR).]

3. Restoration to service. If any recipient of a disability retirement benefit is restored to service, and if the total of the recipient's monthly retirement benefit for any year and the recipient's total earnable compensation for that year exceed the recipient's average final compensation at retirement, increased by the same percentage adjustments as have been received under section 18407 , the excess must be deducted from the disability retirement benefit payments during the next calendar year. A. The deductions must be prorated on a monthly basis over the year or part of the year for which benefits are received in an equitable manner prescribed by the board. [PL 2007, c. 491, §245 (AMD).] B. The recipient of the disability retirement benefit shall reimburse the retirement system for any excess payments not deducted under this section. [PL 1985, c. 801, §§5, 7 (NEW).] C. If the retirement benefit payments are eliminated by operation of this subsection: (1) The person again becomes a member of the Participating Local District Retirement Program and begins contributing at the current rate; and (2) When the person again retires, the person must receive benefits computed on the person's entire creditable service and in accordance with the law in effect at that time. [PL 2007, c. 491, §245 (AMD).] [PL 2013, c. 391, §15 (AMD).]
5 M.R.S. § 1642 — ME Code / Title 5 / Part 4 / Chapter 148-A / Section 1642
5 §1642. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 96 (RPR).]

1. Department. "Department" means the Department of Health and Human Services. [RR 2003, c. 2, §3 (COR).]

2. Division. "Division" means the Executive Department, Division of Community Services. [PL 1985, c. 96 (RPR).]

3. Income supplementation programs. "Income supplementation programs" means programs designed to supplement the income of a person or family and includes Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, food distribution, general assistance, supplemental security income or any other income related program utilizing state-administered funds. [PL 2023, c. 405, Pt. C, §1 (AMD).]

4. Related health and medical services. "Related health and medical services" means all health or medical services utilizing state-administered funds, including Medicaid and health block grants. [PL 1985, c. 96 (RPR).]

5. Report. "Report" means the State's social services report. [PL 1985, c. 96 (RPR).]

6. Social service. "Social service" means any children's, youth, adult or elderly service and substance use disorder, community action, developmental disability, home-heating assistance, juvenile, mental health, intellectual disability, older Americans, poverty, rehabilitation, transportation, weatherization or other social service that may be defined in the future and that is operated by the departments or the division utilizing state-administered funds, including related health and medical services and income supplementation programs. [PL 2017, c. 407, Pt. A, §6 (AMD).]

7. State - administered funds. "State - administered funds" means all General Fund money, dedicated funds, federal funds, fees, grants, 3rd-party reimbursements, vendor payments or other funds or revenues available for expenditure by the departments or the division in support of the provision of a social service. [PL 1985, c. 96 (NEW).]
5 M.R.S. § 13204 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13204
5 §13204. Use of operating revenues
Status: in_force

1. Principal use of revenues. Operating revenues must be used principally to reinvest in the properties held by the corporation. [PL 2021, c. 631, §1 (NEW).]

2. Permitted liability limited. All expenses incurred in carrying out the provisions of this chapter must be paid solely from funds provided by the corporation, and liability or obligation may not be incurred under this chapter beyond the extent to which funds have been provided by the corporation. [PL 2021, c. 631, §1 (NEW).]

3. Equal opportunity employers. Contractors and subcontractors on corporation construction and reconstruction projects must be equal opportunity employers and, for contracts of more than $250,000, shall pursue in good faith affirmative action programs as defined in section 782 . [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 1768 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1768
5 §1768. Shared savings program; state agencies
Status: in_force

The Bureau of General Services shall develop an energy efficiency incentive program in which an eligible department or agency of the State may retain a portion of any first-year energy cost savings demonstrably attributable to energy efficiency improvements undertaken by that department or agency. A condition of the program is that the portion of energy cost savings not retained by the department or agency must be credited to the General Fund. The bureau shall submit the proposed program to the joint standing committee of the Legislature having jurisdiction over state and local government matters by January 1, 1992. [PL 2011, c. 691, Pt. B, §17 (AMD).]
5 M.R.S. § 90-B — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-B
5 §90-B. Address Confidentiality Program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Address" means a residential street, school or work address of an individual, including any geographically specific description or coordinate that identifies a residential address, as specified on the individual's application to be a program participant under this section. [PL 2011, c. 195, §1 (AMD).] B. "Application assistant" means an employee of a state or local agency or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic violence, sexual assault, stalking or human trafficking or to minor victims of kidnapping or that provides services related to legally protected health care activity who has been designated by the respective agency and trained, accepted and registered by the secretary to assist individuals in the completion of program participation applications. [PL 2023, c. 648, Pt. D, §1 (AMD).] B-1. "Covered health care practitioner" has the same meaning as in Title 10, section 8012, subsection 1, paragraph B . [PL 2023, c. 648, Pt. D, §2 (NEW).] C. "Designated address" means the address assigned to a program participant by the secretary pursuant to this section. [PL 2001, c. 539, §1 (NEW).] C-1. "Legally protected health care activity" has the same meaning as in Title 14, section 9002, subsection 8 . [PL 2023, c. 648, Pt. D, §3 (NEW).] D. "Mailing address" means an address that is recognized for delivery by the United States Postal Service. [PL 2001, c. 539, §1 (NEW).] E. "Program" means the Address Confidentiality Program established in this section. [PL 2001, c. 539, §1 (NEW).] F. "Program participant" means a person certified by the Secretary of State to participate in the program. [PL 2001, c. 539, §1 (NEW).] F-1. "Reproductive or gender-affirming health care services practitioner" means a person who in the person's capacity as a covered health care practitioner engages in legally protected health care activity. [PL 2023, c. 648, Pt. D, §4 (NEW).] G. "Secretary" means the Secretary of State. [PL 2001, c. 539, §1 (NEW).] [PL 2023, c. 648, Pt. D, §§1-4 (AMD).]

2. Program established. The Address Confidentiality Program is established to protect victims of domestic violence, sexual assault, stalking or human trafficking; minor victims of kidnapping; and reproductive or gender-affirming health care services practitioners by authorizing the use of designated addresses for such victims and practitioners. The program is administered by the secretary under the following application and certification procedures. A. Upon recommendation of an application assistant, an adult person, a parent or guardian acting on behalf of a minor or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person's address or the address of the minor or incapacitated person. [PL 2001, c. 539, §1 (NEW).] B. The secretary may approve an application only if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary. A completed application must contain: (1) The application preparation date, the applicant's signature and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant; (2) A designation of the secretary as agent for purposes of service of process and for receipt of first-class mail; (3) The mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and (4) One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household. [PL 2001, c. 539, §1 (NEW).] C. Upon receipt of a properly completed application, the secretary may certify the applicant as a program participant. A program participant is certified for 4 years following the date of initial certification unless the certification is withdrawn or invalidated before that date. The secretary shall send notification of lapsing certification and a reapplication form to a program participant at least 4 weeks prior to the expiration of the program participant's certification. [PL 2001, c. 539, §1 (NEW).] D. The secretary shall forward first-class mail to the appropriate program participants. [PL 2001, c. 539, §1 (NEW).] E. A person who violates this paragraph commits a Class E crime. (1) An applicant may not file an application knowing that it: (a) Contains false or incorrect information; or (b) Falsely claims that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made. (2) An application assistant may not assist or participate in the filing of an application that the application assistant knows: (a) Contains false or incorrect information; or (b) Falsely claims that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made. [RR 2001, c. 2, Pt. A, §4 (COR).] [PL 2023, c. 648, Pt. D, §5 (AMD).]

3. Cancellation. Certification for the program may be canceled if one or more of the following conditions apply: A. If the program participant obtains a name change, unless the program participant provides the secretary with documentation of a legal name change within 10 business days of the name change; [PL 2001, c. 539, §1 (NEW).] B. If there is a change in the residential street address from the one listed on the application, unless the program participant provides the secretary with notice of the change in such manner as the secretary provides by rule; or [PL 2001, c. 539, §1 (NEW).] C. The applicant or program participant violates subsection 2, paragraph E , subparagraph (1). [PL 2001, c. 539, §1 (NEW).] [PL 2001, c. 539, §1 (NEW).]

4. Use of designated address. Upon demonstration of a program participant's certification in the program, state and local government agencies and the courts shall accept and use only the designated address as a program participant's address unless the secretary has approved an exemption pursuant to subsection 5‑A . A. [PL 2015, c. 313, §1 (RP).] B. [PL 2015, c. 313, §1 (RP).] [PL 2015, c. 313, §1 (AMD).]

5. Disclosure to law enforcement and state agencies. [PL 2015, c. 313, §2 (RP).]

5-A. Disclosure to law enforcement and to other state and local agencies. If the secretary determines it appropriate, the secretary may make a program participant's address or mailing address available for use by granting an exemption under the following circumstances: A. Upon request to the secretary by: (1) A law enforcement agency in the manner provided for by rule; or (2) A commissioner or other chief administrator of a state or local government agency or the commissioner's or administrator's designee in the manner provided for by rule; and [PL 2015, c. 313, §3 (NEW).] B. Upon a finding by the secretary that: (1) An agency under paragraph A has a bona fide statutory, administrative or law enforcement requirement for use of the program participant's address or mailing address such that the agency is unable to fulfill its statutory duties and obligations without the address or mailing address; and (2) The program participant's address or mailing address will be used only for those statutory, administrative or law enforcement purposes and otherwise will be kept under seal and excluded from public inspection. [PL 2015, c. 313, §3 (NEW).] [PL 2015, c. 313, §3 (NEW).]

6. Disclosure pursuant to court order or canceled certification. If the secretary determines appropriate, the secretary shall allow a program participant's address and mailing address to be made available for use under the following circumstances: A. To a person identified in a court order, upon the secretary's receipt of that court order that specifically orders the disclosure of a particular program participant's address and mailing address and the reasons stated for the disclosure; or [PL 2001, c. 539, §1 (NEW).] B. If the certification has been canceled because the applicant or program participant violated subsection 2, paragraph E , subparagraph (1). [PL 2001, c. 539, §1 (NEW).] [PL 2013, c. 478, §1 (AMD).]

7. Confidentiality. The program participant's application, supporting materials and the program's state e-mail account are not a public record and must be kept confidential by the secretary. [PL 2011, c. 195, §2 (AMD).]

8. Rules. The secretary shall adopt rules to carry out this section. These rules are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 539, §1 (NEW).]
5 M.R.S. § 15303-A — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15303-A
5 §15303-A. Maine Technology Capacity Fund
Status: in_force

The Maine Technology Capacity Fund is established within the institute to strengthen employment opportunities in the State by increasing the science and technology investment level through partnerships among the State Government, private enterprise, the Federal Government and private and public research institutions. The fund may be used to match public and private funds that provide program or consulting resources to targeted technology sectors to increase their capacity to develop into industry clusters. The fund may also be used to support best-practice studies or to provide technical assistance on a contractual basis to enhance the capacity of the targeted technology sectors to develop into industry clusters. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Enterprise" means a firm doing business in this State that is engaged or proposes to be engaged in this State in value-added agricultural, natural resource-based or other manufacturing, research and development, or in the provision of knowledge-based services. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] B. "Fund" means the Maine Technology Capacity Fund account in the Other Special Revenue funds. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] C. "Intellectual property" means any legally protectable materials, including new information, technologies, inventions, designs, works of authorship, any strain, variety or culture of an organism, or any portion, modification, translation or extension of these items, and processes, mineral discoveries and other legally protectable materials, including know-how and trade secrets, that are generated as a direct and indirect result of investments made by the institute through contracts, grants or any other legal agreement. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] D. "Protection of intellectual property rights" means protecting the institute's rights to intellectual property through intellectual property protection mechanisms, including, but not limited to, patents, copyrights, trademarks, trade secrets and licensing rights. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] E. "Technology commercialization" means the process of bringing an investment-grade technology out of an enterprise or a private or public laboratory for first-run application in the marketplace. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] F. "Technology development" means strategically focused research aimed at developing investment-grade technologies essential to market competitiveness. For purposes of this section, "technology development" does not refer to basic research, but rather to products, devices, techniques or processes that have advanced beyond the theoretical stage and are in a prototype or industry practice stage. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] G. "Technology extension" means the introduction and adaptation of off-the-shelf technologies and state-of-the-art management practices to the specific circumstances of individual firms. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).]

2. Organization. The board has all the powers and authority, not explicitly prohibited by law, necessary or convenient to carry out and effectuate the functions, duties and responsibilities of the fund, including, but not limited to: A. Taking actions in partnership with private enterprise, the Federal Government and private and public research institutions to: (1) Increase the rate of technology extension across manufacturing and knowledge-based firms throughout the State; (2) Increase the amount of technology development occurring in the State; and (3) Increase the rate at which technologies with potential commercial application are moved out of private and public laboratories into the marketplace; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] B. Soliciting, borrowing, accepting and receiving money from any public or private source to augment state contributions to the fund; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] C. Approving an annual budget for the fund and investing and expending money from the fund; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] D. Contracting with public entities as necessary to further the purposes of this section; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] E. Carrying forward any unexpended state appropriations into succeeding fiscal years; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] F. Providing an annual report to the Governor and the Legislature by January 1st of each regular session of the Legislature within the annual report of the institute, setting forth: (1) The operations and accomplishments of the fund during the fiscal year; and (2) The assets and liabilities of the fund at the end of its most recent fiscal year; [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] G. Owning intellectual property, licensing intellectual property and negotiating for and collecting royalty rights or otherwise realizing a return on investment made under the fund and all programs of the institute when appropriate in order to promote the interests and investments of the State in furthering science and technology; and [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] H. Protecting all proprietary information contained in proposals, contracts and grants or any other legal agreement only when such information is likely to involve patentable material that loses its protectable nature when presented in a public forum. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).]

3. Authorized activities. The board may: A. Receive and accept from any source allocations, appropriations, grants or contributions of money to be held, used or applied to carry out this subchapter, subject to the conditions upon which the grants and contributions may be made, including, but not limited to, appropriations, allocations, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. The amounts of the revenues generated by the investment of money contained in the fund may be used to pay the institute's operating expenses associated with the operation of the fund; and [RR 2007, c. 1, §2 (COR).] B. Engage in matching grants activities, including, but not limited to, federal, private and foundation awards for technology extension, science and technology development and technology commercialization activities that require state funding matches and are considered consistent with the purposes of the fund. Focus areas for investment include, but are not limited to, targeted technologies as defined in section 15301 . [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] [RR 2007, c. 1, §2 (COR).]

4. Guidelines. The board shall establish guidelines for: A. The amounts of the revenues generated by the investment of money in the fund that may be used to pay the institute's operating expenses associated with the operation of the fund; and [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] B. Cash and in-kind match requirements based on the activities to be supported with the fund. The institute shall strive to achieve a minimum match of 1:1, on an annual basis, for matching grant activities supported under the fund. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).] [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).]

5. Liquidation and dissolution. In the event of liquidation or dissolution of the institute or the fund, any rights or interests in a qualified security or portion of a qualified security purchased with money invested by the State vest in the State. The State is entitled to, in proportion to the amount of investment in the fund by the State, any balance of money remaining in the fund after payment of all debts and obligations upon liquidation or dissolution of the institute or the fund. [PL 2003, c. 20, Pt. RR, §7 (NEW); PL 2003, c. 20, Pt. RR, §18 (AFF).]
5 M.R.S. § 139 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 139
5 §139. Disposal of money and securities
Status: reserved

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Commissioner of Education, shall invest and reinvest the principal of all funds derived or that may be derived from the sale and lease of lands reserved for public uses in accordance with the laws of the State governing the investment of funds of savings banks, as enumerated in Title 9‑B , except as provided in chapter 161 . [PL 1991, c. 780, Pt. Y, §11 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Commissioner of Education, has the power to enter into a contract or agreement approved by the Governor with any national bank, trust company or safe deposit company located in New England or New York City for custodial care and servicing of the securities belonging to any trust fund created from funds derived or that may be derived from the sale and lease of lands reserved for public uses. Such services must consist of the safekeeping of those securities, collection of interest and dividends, periodical checks of the portfolio deposited for safekeeping to determine all calls for redemption, in whole or in part, of any bonds owned by such funds, and any other fiscal service that is normally covered in a custodial contract or agreement. In performing services under any such contract or agreement, the contracting bank has all of the powers and duties prescribed for trust companies by Title 9‑B, section 473 . [PL 1997, c. 398, Pt. L, §2 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

The Treasurer of State is empowered to arrange for the payment for such services, either by cash payments to be charged pro rata to the income of such trust funds, or by an agreement for a compensating deposit balance with the bank in question, in lieu of such cash payment, or by some combination of both methods of payment. The contracting bank shall give assurance of proper safeguards that are usual to such contracts and shall furnish insurance protection satisfactory to both parties. [PL 1991, c. 780, Pt. Y, §11 (AMD).]

The Treasurer of State is empowered to withdraw or deposit securities from or with the custodian as circumstances may require, all withdrawal orders or delivery instructions to bear the approval in writing of the Superintendent of Financial Institutions and that of either or both the Commissioner of Education and the Commissioner of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §11 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]
5 M.R.S. § 13080-F — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-F
5 §13080-F. Other municipal powers
Status: in_force

1. Traffic ordinances. The authority has the power to enact traffic ordinances and regulate the operation of motor vehicles under Title 30‑A, section 3009 , to the extent that power is not inconsistent with other validly enacted municipal ordinances. [PL 1993, c. 474, §1 (NEW).]

2. Operating expenses. The authority has all the powers of a municipality to raise and appropriate money under Title 30‑A, sections 5722 and 5723 . [PL 1993, c. 474, §1 (NEW).]

3. Zoning. The authority may adopt and enforce zoning and other land use ordinances for all Loring Air Force Base property. The authority shall comply with the mandatory shoreland zoning provisions of Title 38, sections 435 to 449. The ordinances preempt any municipal or local ordinances affecting the property. The authority shall secure rights-of-way, easements and zoning rules needed to adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport hazards. The authority shall endeavor, to the extent reasonable, to ensure compatible use of land adjacent to or in the immediate vicinity area of the airport as provided in the Maine Aeronautics Act, Title 6, section 122 . [PL 1995, c. 495, §3 (AMD).]

3-A. Loring Development Authority Planning Board. The Loring Development Authority Planning Board is established as follows. A. The Loring Development Authority Planning Board consists of 6 members. One member must be a nonvoting member appointed by the authority's board of trustees. The municipal officers of Caswell and Caribou shall each appoint one member and the municipal officers of Limestone shall appoint 3 members. [PL 1995, c. 495, §4 (NEW).] B. The Loring Development Authority Planning Board shall: (1) Develop and recommend land use and zoning ordinances for Loring Air Force Base for approval by the authority; (2) Hold public hearings as necessary and appropriate in the member communities during the development of and changes to the ordinances; and (3) Upon adoption by the authority of any land use and zoning ordinances, review proposed projects at Loring Air Force Base under the ordinances and submit its decisions with respect to the projects to the authority for its approval. [PL 1995, c. 495, §4 (NEW).] [PL 1995, c. 495, §4 (NEW).]

4. Highway maintenance. The authority may maintain, repair, plow and control public ways as a municipality under Title 23, Part 3 . The authority shall consult and coordinate with the appropriate primary impact community in appointing a road commissioner. [PL 1993, c. 474, §1 (NEW).]
5 M.R.S. § 209 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 209
5 §209. Injunction; procedures
Status: in_force

Whenever the Attorney General has reason to believe that a person is using or is about to use any method, act or practice declared by section 207 to be unlawful, and that proceedings would be in the public interest, the Attorney General may bring an action in the name of the State against the person to restrain by temporary or permanent injunction the use of the method, act or practice and the court may make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of the unlawful method, act or practice, any moneys or property, real or personal, that may have been acquired by means of the method, act or practice. At least 10 days prior to commencement of an action under this section, the Attorney General shall notify the person of the intended action, and give the person an opportunity to confer with the Attorney General in person or by counsel or other representative as to the proposed action. Notice must be given to the person by mail, postage prepaid, sent to the person's usual place of business, or if the person has no usual place of business, to the person's last known address. The Attorney General may proceed without notice as required by this section upon a showing of facts by affidavit of immediate irreparable harm to the consumers of the State. The action may be brought in the Superior Court of the county in which the person resides or has the person's principal place of business, or may be brought in the Superior Court of Kennebec County. Those courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter. A district attorney or law enforcement officer, receiving notice of any alleged violation of this chapter, shall immediately forward written notice of the alleged violation with any other information that the attorney or officer may have to the office of the Attorney General. A person who violates the terms of an injunction issued under this section shall forfeit and pay to the State, to be applied in the carrying out of this chapter, a civil penalty of not more than $10,000 for each violation. For the purposes of this section, the court issuing the injunction retains jurisdiction, and the cause must be continued, and in such cases the Attorney General acting in the name of the State may petition for recovery of the civil penalty. In any action under this section where a permanent injunction is issued, the court may order the person against whom the permanent injunction has been issued to pay to the State the costs of the investigation of that person by the Attorney General and the costs of the suit, and the funds must accrue to the General Fund. [RR 2023, c. 2, Pt. B, §32 (COR).]

In any action under this section where a permanent injunction is denied, the court may order the State to pay the costs of the defense of the prevailing party or parties and the costs of the suit upon a finding by the court that the action was frivolous. [PL 1981, c. 339 (NEW).]

In any action by the Attorney General brought against the defendant for violating the terms of an injunction issued under this section, the court may make such orders or judgments as may be necessary to restore to any persons who have suffered any ascertainable loss by reason of such conduct found to be in violation of an injunction, any money or property, real or personal, which may have been acquired by means of such conduct. Each intentional violation of section 207 in which the Attorney General establishes that the conduct giving rise to the violation is either unfair or deceptive is a violation for which a civil penalty of not more than $10,000 shall be adjudged. The Attorney General may seek to recover civil penalties for violations of section 207 which are intentional and are unfair or deceptive. The Attorney General in seeking civil penalties has the burden of proving that the conduct was intentional and was unfair or deceptive notwithstanding any other statute which declares a violation of that statute an unfair trade practice. These penalties shall be applied in the carrying out of this chapter. [PL 1989, c. 239 (AMD).]
5 M.R.S. § 6203-A — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-A
5 §6203-A. Public Access to Maine Waters Fund
Status: in_force

1. Fund established. There is established the Public Access to Maine Waters Fund that is administered by the board. The Public Access to Maine Waters 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 Public Access to Maine Waters 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 Public Access to Maine Waters Fund become part of the assets of the Land for Maine's Future Trust Fund. Any balance remaining in the Public Access to Maine Waters Fund at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 284, §4 (AMD).]

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, §3 (AMD).]

3. Fund proceeds. The proceeds of the Public Access to Maine Waters Fund may be applied and expended to: A. Acquire property or interests in property abutting fresh or coastal waters when public access to those waters does not exist or when the board determines that existing points of public access are not sufficient; [PL 2021, c. 33, §2 (AMD).] B. Provide minor capital improvements on lands acquired by proceeds from the Public Access to Maine Waters Fund to provide public access or improve accessibility, as long as these improvements do not exceed 5% of the appraised value of the acquired property; and [PL 2021, c. 33, §2 (AMD).] C. When land or interest in land is acquired with proceeds from the Public Access to Maine Waters 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. [PL 2021, c. 33, §2 (NEW).] [PL 2021, c. 33, §2 (AMD).]
5 M.R.S. § 1733 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1733
5 §1733. Capitalization of self-insurance fund
Status: in_force

The self-insurance fund is capitalized by legislative appropriations, payments from state departments and agencies, investment income accruing to the self-insurance fund and by such other means as the Legislature approves. [PL 1993, c. 470, §5 (AMD).]

Payments to the self-insurance fund from its participants must be calculated on a pro rata basis as determined by the State Controller and based on the prior claims experience of the departments or agencies. [PL 2017, c. 284, Pt. O, §6 (AMD).]
5 M.R.S. § 13120-T — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-T
5 §13120-T. Maine Workforce, Research, Development and Student Achievement Institute
Status: in_force

1. Institute established. The Maine Workforce, Research, Development and Student Achievement Institute, as established in Title 5, section 12004‑I, subsection 6‑I and referred to in this subchapter as "the institute," is established to collect and analyze information related to workforce training and cost drivers for training, research and development, student debt and economic advancement in the State, to make policy recommendations to the Legislature and to conduct targeted research for the Legislature. [PL 2021, c. 450, §2 (NEW).]

2. Legislature to contract with university. The Legislature, through the joint standing committee of the Legislature having jurisdiction over innovation, development, economic advancement and business matters, shall contract with the University of Maine System to establish and maintain the institute. Personnel coordinating the work of the institute must be appointed by the University of Maine System in consultation with the joint standing committee of the Legislature having jurisdiction over innovation, development, economic advancement and business matters, and those personnel shall consult with and act on behalf of the Legislature, performing such data collection, analysis and research as the Legislature may require. [PL 2021, c. 450, §2 (NEW).]

3. State economic plan. The institute shall align its work with the priorities of the State's economic development strategy developed by the department pursuant to this chapter. [PL 2021, c. 450, §2 (NEW).]

4. Steering committee. The Maine Workforce, Research, Development and Student Achievement Institute Steering Committee, referred to in this section as "the steering committee," is established to advise the Legislature and the University of Maine System on all matters related to the institute. With the exception of ex officio members, steering committee members must be appointed by the joint standing committee of the Legislature having jurisdiction over innovation, development, economic advancement and business matters for a term of 2 years. The steering committee shall meet at least 4 times each year and must include the following: A. One member from the Department of Professional and Financial Regulation; [PL 2021, c. 450, §2 (NEW).] B. One member from the department; [PL 2021, c. 450, §2 (NEW).] C. One member from the Department of Labor or the State Workforce Development Board, established under Title 26, section 2006; [PL 2025, c. 154, §1 (AMD).] D. One member from the University of Maine System; [PL 2021, c. 450, §2 (NEW).] E. One member from the Maine Community College System; [PL 2021, c. 450, §2 (NEW).] F. One member from a statewide organization representing business interests in the State; [PL 2021, c. 450, §2 (NEW).] G. One member from a statewide organization responsible for promotion of individual economic opportunities; [PL 2021, c. 450, §2 (NEW).] H. One member from a regional development organization serving one or more of the following: Aroostook County, Franklin County, Oxford County, Piscataquis County, Somerset County and Washington County; [PL 2021, c. 450, §2 (NEW).] I. One member who is involved in career and technical education; [PL 2021, c. 450, §2 (NEW).] J. One member who is employed in the public sector; [PL 2021, c. 450, §2 (NEW).] K. One member who is employed in the private sector; [PL 2021, c. 450, §2 (NEW).] L. The State Economist, who serves ex officio; and [PL 2021, c. 450, §2 (NEW).] M. The chief executive officer of the Finance Authority of Maine or the chief executive officer's designee, who serves ex officio. [PL 2021, c. 450, §2 (NEW).] The steering committee shall elect a chair from among its members to serve a term of 2 years. [PL 2025, c. 154, §1 (AMD).]

5. Location and access. The analysis, recommendations and research results gathered pursuant to this subchapter must be maintained by the institute at the University of Maine System and must be available for use by any interested group or individual. [PL 2021, c. 450, §2 (NEW).]

6. Sunset. [PL 2023, c. 649, §2 (RP).]
5 M.R.S. § 17158 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17158
5 §17158. Full funding
Status: in_force

Upon full funding of the accrued unfunded reserves of any program of the Maine Public Employees Retirement System, the board of trustees may reduce employer contributions to the level required to maintain proper funding of earned benefits. The board of trustees may also seek legislative action to reduce employee contributions or pick-up contributions established by this Part. [PL 2007, c. 491, §86 (AMD).]
5 M.R.S. § 18204 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18204
5 §18204. Chief fiscal officer
Status: in_force

The chief fiscal officer of a participating local district shall, in order to assist in the administration of the Participating Local District Retirement Program: [PL 2007, c. 491, §187 (AMD).]

1. Information. Submit to the board whatever information about the employees of the participating local district the board prescribes; and [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Duties. Cause to be performed whatever duties, with respect to the employees of the participating local district, that the board prescribes. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17951 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17951
5 §17951. Definitions
Status: in_force

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

1. Designated beneficiary. "Designated beneficiary" means the beneficiary designated under section 17952 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Qualifying member. "Qualifying member" means a member in service or a former member who is receiving a disability retirement benefit. Beginning July 1, 1993, for purposes of section 17953, subsection 1 , "qualifying member" also means a member not in service. For purposes of section 17953, subsection 5‑B , "qualifying member" also means a member not in service who has qualified for a service retirement benefit. [PL 1991, c. 469, §1 (AMD).]
5 M.R.S. § 1957 — ME Code / Title 5 / Part 4 / Chapter 161 / Section 1957
5 §1957. Limitation on investment in fossil fuel companies; divestment
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means the Board of Trustees of the Maine Public Employees Retirement System. [PL 2021, c. 231, §3 (NEW).] B. "Fossil fuel" means coal, petroleum, natural gas or any derivative of coal, petroleum or natural gas that is used for fuel. [PL 2021, c. 231, §3 (NEW).] C. "Fossil fuel company" means any company that: (1) Is among the 200 publicly traded companies with the largest fossil fuel reserves in the world; (2) Is among the 30 largest public company owners in the world of coal-fired power plants; (3) Has as its core business the construction or operation of fossil fuel infrastructure; (4) Has as its core business the exploration, extraction, refining, processing or distribution of fossil fuels; or (5) Receives more than 50% of its gross revenue from companies that meet the definition under subparagraph (1), (2), (3) or (4). [PL 2021, c. 231, §3 (NEW).] D. "Fossil fuel infrastructure" means oil or gas wells, oil or gas pipelines and refineries; oil, coal or gas-fired power plants; oil and gas storage tanks; fossil fuel export terminals; and any other infrastructure used exclusively for fossil fuels. [PL 2021, c. 231, §3 (NEW).] [PL 2021, c. 231, §3 (NEW).]

2. Limitation on investment in fossil fuel company. The board, in accordance with sound investment criteria and consistent with fiduciary obligations, may not invest the assets of any state pension or annuity fund in the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company. Nothing in this subsection precludes de minimis exposure of any funds held by the board to the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company. [PL 2021, c. 231, §3 (NEW).]

3. Review and divestment of assets. The board shall review the extent to which the assets of any state pension or annuity fund are invested in the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company. The board shall, in accordance with sound investment criteria and consistent with fiduciary obligations, divest any such holdings. Divestment pursuant to this subsection must be complete by January 1, 2026. Nothing in this subsection precludes de minimis exposure of any funds held by the board to the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company. [PL 2021, c. 231, §3 (NEW).]

4. Post on website. On a quarterly basis, the board shall post on the publicly accessible website of the Maine Public Employees Retirement System information detailing all its holdings in the public market and private equity investments. [PL 2021, c. 231, §3 (NEW).]

5. Annual report. Beginning January 1, 2022 and annually thereafter, the board shall issue a report reviewing its environmental, social and governance investment policy. The report must disclose commonly available environmental performance metrics on the environmental effects of the board's investments. [PL 2021, c. 231, §3 (NEW).]

Revisor's Note: §1957. For-profit prisons (As enacted by PL 2021, c. 234, §2 is REALLOCATED TO TITLE 5, SECTION 1958)
5 M.R.S. § 13063-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-C
5 §13063-C. Job Retention Program
Status: in_force

1. Establishment. The Job Retention Program is established within the Department of Economic and Community Development to encourage the retention of existing quality jobs in this State. Funds available in this program do not lapse but must be carried forward, except as provided in subsection 4 , in order to carry out the purposes of this section. [PL 1995, c. 706, §2 (NEW).]

2. Definitions. As used in this section the following terms have the following meanings. A. "Certified retained business" means any for-profit business in this State other than a public utility as defined by Title 35‑A, section 102 that retains 100 or more qualified employees in this State and that meets all of the following criteria to the satisfaction of the commissioner: (1) The business is not engaged in retail operations; or, if it is engaged in retail operations, less than 50% of its total annual revenues from state-based operations are derived from sales taxable in this State or the business can demonstrate to the commissioner by a preponderance of the evidence that any increased sales will not include sales tax revenues derived from a transferring or shifting of retail sales from other businesses in this State; and (2) The commissioner determines that the business is a successor to a business that would have ceased operations in this State but for the acquisition of that business after September 1, 1996 by the applicant by any means and the applicant demonstrates to the commissioner its intention to continue to operate and employ qualified employees in the State. For purposes of this paragraph, "retail operations" means sales of consumer goods for household use to consumers who personally visit the business location to purchase the goods. [PL 1997, c. 393, Pt. A, §13 (RPR).] B. "Qualified employees" means full-time employees who are employed by a certified retained business, for whom a retirement program subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 101 to 1461, as amended, and group health insurance are provided, and whose income, calculated on a calendar year basis, is greater than the average annual per capita income in the labor market area in which the qualified employee is employed. Qualified employees must be residents of this State. [PL 1997, c. 393, Pt. A, §13 (RPR).] [PL 1997, c. 393, Pt. A, §13 (RPR).]

3. Expenditures from the program. The commissioner shall authorize payment from the program in an amount not to exceed $150,000 annually. In determining the amount of payment to any certified retained business, the commissioner may use the calculation methodology established in Title 36, section 6754, subsection 1 . A certified retained business may receive payments for a period not to exceed 10 years, only if the business continues to meet the criteria established in subsection 2 . Payments must be made no later than July 31st of each fiscal year beginning in fiscal year 1997-98 and ending in fiscal year 2006-07. Payments received by a certified retained business pursuant to this section must be used for capital investments, including, but not limited to, the acquisition, refurbishments, upgrading, modification and leasing of buildings, machinery and equipment. [PL 1995, c. 706, §2 (NEW).]

4. Transfer from program. Funds must be transferred from the program as follows: A. Upon the revocation of a certificate of approval, any balance remaining in the program and allocated to the business whose certificate has been revoked must be transferred to the department's "Administration - Economic and Community Development" program as nonlapsing funds to be used in accordance with section 13063‑D ; and [PL 2001, c. 680, §1 (NEW).] B. Notwithstanding section 1585 , any balance remaining in the program after July 31, 2007 must be transferred to the Maine Budget Stabilization Fund as established in section 1532 . [PL 2005, c. 2, Pt. A, §9 (AMD); PL 2005, c. 2, Pt. A, §14 (AFF).] The commissioner may consider the layoff or termination of all, or substantially all, of the employees of a certified retained business as demonstration that it has ceased operations. [PL 2005, c. 2, Pt. A, §9 (AMD); PL 2005, c. 2, Pt. A, §14 (AFF).]

5. Investment of funds. The money in the program may be invested as provided by law with the earnings credited to the program. [PL 1995, c. 706, §2 (NEW).]

6. Criteria for approval. Prior to issuing a certificate of approval to a business, the commissioner must find that the applicant qualifies as a certified retained business. Notwithstanding the provisions of this section, the commissioner may not accept or certify an application for a certified retained business that is submitted by the applicant after February 28, 1997. [PL 1995, c. 706, §2 (NEW).]
5 M.R.S. § 17852 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17852
5 §17852. Computation of benefit
Status: in_force

1. Member in service at retirement. The amount of the service retirement benefit for members qualified under section 17851, subsection 1‑B , 1‑C , 1‑D or 1‑E must be computed as follows: A. One-fiftieth of the member's average final compensation multiplied by the number of years of membership service and up to 25 years of prior service. Membership service under this paragraph does not include creditable service under the Legislative Retirement Program; [PL 2007, c. 491, §160 (AMD).] B. The total amount of the service retirement benefit of any member qualifying under section 17851, subsection 1‑B , 1‑C , 1‑D or 1‑E who became a member before July 1, 1947, and for whom the date of establishment of the retirement system is July 1, 1942, must be at least equal to 1/2 of the member's average final compensation, if the member has at least 20 years of total creditable service, including at least 13 years of prior service if the member retires upon or after reaching age 70; or [PL 2011, c. 380, Pt. T, §17 (AMD).] C. Effective October 1, 1999, for a member who, on October 1, 1999 or thereafter, meets the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851, subsection 1‑B ; section 17851, subsection 1‑C, paragraph A ; section 17851, subsection 1‑C, paragraph B ; section 17851, subsection 1‑D ; section 17851, subsection 1‑E ; section 17851, subsection 2‑B ; section 17851, subsection 2‑C, paragraph A ; section 17851, subsection 2‑C, paragraph B ; section 17851, subsection 2‑D ; or section 17851, subsection 2‑E , the factors specified in paragraphs A and B may not be changed, alone or in combination. [PL 2011, c. 380, Pt. T, §17 (AMD).] [PL 2011, c. 380, Pt. T, §17 (AMD).]

2. Member not in service at retirement. The amount of the service retirement benefit for members qualified under section 17851, subsection 2‑B , 2‑C , 2‑D or 2‑E must be computed in accordance with subsection 1 . [PL 2011, c. 380, Pt. T, §18 (AMD).]

3. Member with creditable service of 25 years or more; 10 years of creditable service on July 1, 1993. The amount of the service retirement benefit for members qualified under section 17851, subsection 3 , is computed in accordance with subsection 1 , except that: A. The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at age 60 bears to the life annuity due at the age of retirement; [PL 1999, c. 489, §16 (AMD).] B. For the purpose of making the computation under paragraph A , the board-approved tables of annuities in effect at the date of the member's retirement are used; and [PL 1999, c. 489, §16 (AMD).] C. Effective October 1, 1999, the reduction to be applied to the service retirement benefit of a member to whom this subsection applies may not be greater than that in effect on October 1, 1999 under paragraphs A and B for a member who, on October 1, 1999 or thereafter, meets the creditable service requirement for eligibility to receive a service retirement benefit under section 17851, subsection 1‑B ; section 17851, subsection 1‑C, paragraph A ; section 17851, subsection 1‑C, paragraph B ; section 17851, subsection 2‑A, paragraph A ; section 17851, subsection 2‑B ; section 17851, subsection 2‑C, paragraph B ; or who after October 1, 1999, meets the creditable service requirement for eligibility to receive a service retirement benefit under section 17851, subsection 1‑C, paragraph B or section 17851, subsection 2‑C, paragraph B . For members to whom section 17851‑A applies, this paragraph must be applied in accordance with the requirements of section 17851‑A, subsection 4 . [PL 1999, c. 489, §16 (NEW).] This subsection applies to members who, on July 1, 1993, have 10 years of creditable service. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, section F‑6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29, or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1999, c. 489, §16 (AMD).]

3-A. Member with creditable service of 25 years or more whether or not in service at retirement; fewer than 10 years of creditable service on July 1, 1993. The amount of the service retirement benefit for members qualified under section 17851, subsection 3 , is computed in accordance with subsection 1 , except that: A. [PL 1993, c. 410, Pt. L, §37 (RP).] B. [PL 1993, c. 410, Pt. L, §37 (RP).] C. The benefit is reduced by 6% for each year that the member's age precedes 62 years of age; and [PL 1999, c. 489, §17 (NEW).] D. Effective October 1, 1999, the reduction to be applied to the service retirement benefit of a member to whom this subsection applies may not be greater than that in effect on October 1, 1999 under paragraph C for a member who, on October 1, 1999 or thereafter, meets the creditable service requirement for eligibility to receive a service retirement benefit under section 17851, subsection 1‑C, paragraph A ; section 17851, subsection 1‑C, paragraph B ; section 17851, subsection 2‑C, paragraph A ; section 17851, subsection 2‑C, paragraph B; or section 17851‑A , subsection 2, paragraph A. For a member to whom section 17851‑A applies, this paragraph must be applied in accordance with the requirements of section 17851‑A, subsection 4 . [PL 1999, c. 489, §17 (NEW).] This subsection applies to members who, on July 1, 1993, do not have 10 years of creditable service. [PL 1999, c. 489, §17 (AMD).]

3-B. Member with creditable service of 25 years or more whether or not in service at retirement; fewer than 5 years of creditable service on July 1, 2011. The amount of the service retirement benefit for members qualified under section 17851, subsection 3 is computed in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the member's age precedes 65 years of age. [PL 2011, c. 380, Pt. T, §19 (NEW).]

4. State police. The amount of the service retirement benefit for members qualified under section 17851, subsection 4 , shall be computed as follows. A. For a person qualifying under section 17851, subsection 4, paragraph A : (1) The total amount of the service retirement benefit is: (a) Except as provided in division (b), 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualification under section 17851, subsection 4, paragraph A ; or (b) If the benefit would be greater, the part of the person's service retirement benefit based upon membership service before July 1, 1976, determined, on a pro rata basis, on the person's current annual salary on the date of retirement and the part of the person's service retirement benefit based upon membership service after June 30, 1976, determined in accordance with division (a); and (2) Upon the death of a state police officer who is receiving a retirement benefit after qualifying under section 17851, subsection 4, paragraph A , without optional modification, or is retired under article 3 or article 3‑A , the surviving spouse is entitled to a retirement benefit that is 1/2 of the amount being paid at the time of the officer's death. The payment must continue for the remainder of the surviving spouse's lifetime. For the purpose of this subparagraph, "surviving spouse" means the person the retired officer was married to at the time of retirement. If the retired officer was not married at the time of retirement or subsequent to retirement was divorced or widowed, the term means the person legally married to the officer at the time of the officer's death. (3) Notwithstanding subparagraph (2), the benefit to which a surviving spouse is entitled under subparagraph (2) may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order. [PL 1997, c. 396, §1 (AMD); PL 1997, c. 396, §4 (AFF).] B. For persons qualifying under section 17851, subsection 4, paragraph B , the retirement benefit must be computed in accordance with subsection 1 . [PL 1999, c. 731, Pt. CC, §7 (AMD).] C. [PL 1999, c. 731, Pt. CC, §8 (RP).] C-1. [PL 1999, c. 731, Pt. CC, §9 (RP).] C-2. [PL 1999, c. 731, Pt. CC, §10 (RP).] [PL 1999, c. 731, Pt. CC, §§7-10 (AMD).]

5. Inland Fisheries and Wildlife officers. The amount of service retirement benefit for persons qualified under section 17851, subsection 5 , shall be computed as follows. A. The total amount of the service retirement benefit is: (1) Except as provided in subparagraph (2), 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualifications under section 17851, subsection 5; or (2) If the person's benefit would be greater, the part of the person's service retirement benefit based upon membership service before July 1, 1976 must be determined, on a pro rata basis, on the person's current annual salary on the date of retirement and the part of the person's service retirement benefit based upon membership service after June 30, 1976 must be determined in accordance with subparagraph (1). [RR 2023, c. 2, Pt. B, §118 (COR).] B. Upon the death of a law enforcement officer of the Department of Inland Fisheries and Wildlife who is receiving a retirement benefit after qualifying under section 17851, subsection 5 , without optional modification, or is retired under article 3 or article 3‑A , the surviving spouse is entitled to a retirement benefit that is 1/2 of the amount being paid at the time of the officer's death. The payment must continue for the remainder of the surviving spouse's lifetime. For the purpose of this paragraph, "surviving spouse" means the person the retired officer was married to at the time of retirement. If the retired officer was not married at the time of retirement or subsequent to retirement was divorced or widowed, the term means the person legally married to the officer at the time of the officer's death. [PL 1993, c. 387, Pt. A, §12 (AMD).] C. Notwithstanding paragraph B, the benefit to which a surviving spouse is entitled under paragraph B may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order. [PL 1997, c. 396, §2 (NEW); PL 1997, c. 396, §4 (AFF).] [RR 2023, c. 2, Pt. B, §118 (COR).]

5-A. Inland Fisheries and Wildlife officers after August 31, 1984; option. Except as provided in section 17851‑A , the retirement benefit of a person who qualifies under section 17851, subsection 5‑A and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife on or after November 1, 1995, elects the option provided in section 17851, subsection 5‑A and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2007, c. 491, §161 (AMD).] B. The person was first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife before November 1, 1995, elects the option provided in section 17851, subsection 5‑A and pays to the State Employee and Teacher Retirement Program single or periodic payment of a lump sum or by a combination of single and periodic payments of the amount that equals the full actuarial cost of electing that option for service before that date. A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after November 1, 1995 is made as part of the employee payroll contribution. [PL 2007, c. 491, §162 (AMD).] For the purposes of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 5‑A and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 5‑A at any time after the date on which the person is first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife must include interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection is effective November 1, 1995. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife on or after November 1, 1995 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before November 1, 1995 must make the election no later than January 1, 1997. [PL 2007, c. 491, §§161, 162 (AMD).]

5-B. Inland Fisheries and Wildlife officers exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , for a person exercising the option provided in section 17851, subsection 5‑A , who makes the payments required in subsection 5‑A , and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; or 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1995, c. 624, §6 (NEW).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 1995, c. 624, §6 (NEW).] [PL 1997, c. 769, §13 (AMD).]

5-C. Inland fisheries and wildlife officers; benefit computation after September 1, 2002. On and after September 1, 2002, the retirement benefit of a law enforcement officer in the Department of Inland Fisheries and Wildlife who is qualified under section 17851, subsection 5‑B is calculated as follows: A. The portion of the retirement benefit that is based on service earned in the covered capacity prior to September 1, 2002 is computed in accordance with section 17851‑A, subsection 4 ; and [PL 2001, c. 559, Pt. RR, §10 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).] B. The portion of the retirement benefit that is based on service earned in the covered capacity on and after September 1, 2002 is computed in accordance with subsection 1 . [PL 2001, c. 559, Pt. RR, §10 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).] [PL 2001, c. 559, Pt. RR, §10 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

5-D. Inland fisheries and wildlife officers; contingent benefit computation. Notwithstanding subsection 5‑C, paragraph A , the retirement benefit of a law enforcement officer in the Department of Inland Fisheries and Wildlife who is qualified under section 17851, subsection 5‑C is computed in accordance with subsection 5‑C, paragraph B for all service in the covered capacity. [PL 2001, c. 559, Pt. RR, §10 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

6. Marine Resources officers. The amount of service retirement benefit for persons qualified under section 17851, subsection 6 , shall be computed as follows. A. The total amount of the service retirement benefit is: (1) Except as provided in subparagraph (2), 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualification under section 17851, subsection 6 or 7; or (2) If the person's benefit would be greater, the part of the person's service retirement benefit based upon membership service before July 1, 1976 must be determined, on a pro rata basis, on the person's current annual salary on the date of retirement and the part of the person's service retirement benefit based upon membership service after June 30, 1976 must be determined in accordance with subparagraph (1). [RR 2023, c. 2, Pt. B, §119 (COR).] B. Upon the death of a law enforcement officer of the Department of Marine Resources who is receiving a retirement benefit after qualifying under section 17851, subsection 6 , without optional modification, or is retired under article 3 or article 3‑A , the surviving spouse is entitled to a retirement benefit that is 1/2 of the amount being paid at the time of the officer's death. The payment must continue for the remainder of the surviving spouse's lifetime. For the purpose of this paragraph, "surviving spouse" means the person the retired officer was married to at the time of retirement. If the retired officer was not married at the time of retirement or subsequent to retirement was divorced or widowed, the term means the person legally married to the officer at the time of the officer's death. [PL 1993, c. 387, Pt. A, §13 (AMD).] C. Notwithstanding paragraph B, the benefit to which a surviving spouse is entitled under paragraph B may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order. [PL 1997, c. 396, §3 (NEW); PL 1997, c. 396, §4 (AFF).] [RR 2023, c. 2, Pt. B, §119 (COR).]

6-A. Marine resources officers after August 31, 1984; option. Except as provided in section 17851‑A , the retirement benefit of a person qualifying under section 17851, subsection 6‑A who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a law enforcement officer in the Department of Marine Resources on or after November 1, 1995, elects the option provided in section 17851, subsection 6‑A and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2007, c. 491, §163 (AMD).] B. The person was first employed in that capacity before November 1, 1995, elects the option provided in section 17851, subsection 6‑A and pays to the State Employee and Teacher Retirement Program by single or periodic payment of a lump sum or by a combination of single and periodic payments the amount that equals the full actuarial cost of electing that option for service before that date. A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after November 1, 1995 is made as part of the employee payroll contribution. [PL 2007, c. 491, §164 (AMD).] For the purpose of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 6‑A and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 6‑A at any time after the date on which the person is first employed as a law enforcement officer in the Department of Marine Resources must include interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection is effective November 1, 1995. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a law enforcement officer in the Department of Marine Resources on or after November 1, 1995 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before November 1, 1995 must make the election no later than January 1, 1997. [PL 2007, c. 491, §§163, 164 (AMD).]

6-B. Marine resources officers exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , for a person exercising the option provided in section 17851, subsection 6‑A , who makes the payments required in subsection 6‑A and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; or 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 2001, c. 559, Pt. RR, §11 (REEN); PL 2001, c. 559, Pt. RR, §17 (AFF).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 2001, c. 559, Pt. RR, §11 (REEN); PL 2001, c. 559, Pt. RR, §17 (AFF).] [PL 2001, c. 559, Pt. RR, §11 (REEN); PL 2001, c. 559, Pt. RR, §17 (AFF).]

6-C. Marine resources officers; benefit computation after September 1, 2002. On and after September 1, 2002, the retirement benefit of a law enforcement officer in the Department of Marine Resources who is qualified under section 17851, subsection 6‑B , is calculated as follows: A. The portion of the retirement benefit that is based on service earned in the covered capacity prior to September 1, 2002 is computed in accordance with section 17851‑A, subsection 4 ; and [PL 2001, c. 559, Pt. RR, §12 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).] B. The portion of the retirement benefit that is based on service earned in the covered capacity on and after September 1, 2002 is computed in accordance with subsection 1 . [PL 2001, c. 559, Pt. RR, §12 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).] [PL 2001, c. 559, Pt. RR, §12 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

6-D. Marine resources officers; contingent benefit computation. Notwithstanding subsection 6‑C, paragraph A , the retirement benefit of a law enforcement officer in the Department of Marine Resources who is qualified under section 17851, subsection 6‑C is computed in accordance with subsection 6‑C, paragraph B for all service in the covered capacity. [PL 2001, c. 559, Pt. RR, §12 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

7. Forest rangers. The total amount of the service retirement benefit for persons qualified under section 17851, subsection 8 must be computed as follows: A. Except as provided in paragraph B, 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualifications under section 17851, subsection 8; or [RR 2023, c. 2, Pt. B, §120 (COR).] B. If the person's benefit would be greater, the part of the person's service retirement benefit based upon membership service before July 1, 1976 must be determined, on a pro rata basis, on the person's current annual salary on the date of retirement and the part of the person's service retirement benefit based upon membership service after June 30, 1976 must be determined in accordance with paragraph A. [RR 2023, c. 2, Pt. B, §120 (COR).] [RR 2023, c. 2, Pt. B, §120 (COR).]

7-A. Forest rangers after August 31, 1984; option. Except as provided in section 17851‑A , the retirement benefit of a person qualifying under section 17851, subsection 8‑A who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry on or after May 1, 1996, elects the option provided in section 17851, subsection 8‑A and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2013, c. 405, Pt. D, §3 (AMD).] B. The person was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry before May 1, 1996, elects the option provided in section 17851, subsection 8‑A and pays to the State Employee and Teacher Retirement Program by single or periodic payment of a lump sum or by a combination of single and periodic payments the amount that equals the full actuarial cost of electing that option for service before that date. A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after May 1, 1996 is made as part of the employee payroll contribution. [PL 2013, c. 405, Pt. D, §3 (AMD).] For the purpose of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 8‑A and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 8‑A at any time after the date on which the person is first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry must include interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection is effective May 1, 1996. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry on or after May 1, 1996 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before May 1, 1996 must make the election no later than January 1, 1997. [PL 2013, c. 405, Pt. D, §3 (AMD).]

7-B. Forest rangers exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , for a person exercising the option provided in section 17851, subsection 8‑A , who makes the payments required in subsection 7‑A and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; or 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1995, c. 624, §10 (NEW).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 1995, c. 624, §10 (NEW).] [PL 1997, c. 769, §17 (AMD).]

8. Airplane pilots. The total amount of the service retirement benefit for members qualified under section 17851, subsection 9 , is: A. One-half of the member's average final compensation and an additional 2% of the member's average final compensation for each year of membership service not included in determining qualification under section 17851, subsection 9; or [RR 2023, c. 2, Pt. B, §121 (COR).] B. If the member retires upon or after reaching the age of 60, an amount equal to the total service retirement benefit as determined under subsection 1 , if that amount is greater than the amount computed under paragraph A . [PL 1985, c. 801, §§5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §121 (COR).]

9. Liquor inspectors. The total amount of the service retirement benefit for a member qualifying under section 17851, subsection 10 is computed as follows: A. Except as provided in paragraph B , the total amount of the service retirement benefit is 1/2 of the member's average final compensation and an additional 2% of the member's average final compensation for each year of membership service not included in determining qualification under section 17851, subsection 10 ; or [PL 1993, c. 387, Pt. A, §14 (NEW).] B. If the member's service retirement benefit would be greater than the amount provided in paragraph A, the part of the service retirement benefit based on membership service before July 1, 1976 is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based on membership service after June 30, 1976 is determined in accordance with paragraph A . [PL 1993, c. 387, Pt. A, §14 (NEW).] [PL 1993, c. 387, Pt. A, §14 (RPR).]

9-A. Liquor inspectors; benefit calculation exception. Notwithstanding any other law, the total amount of the service retirement benefit for a member qualifying under section 17851, subsection 10‑A is computed as follows: A. The part of the member's service retirement benefit based upon the service earned in a liquor inspector or chief inspector position covered by section 17851, subsection 10‑A is computed as 1/50th of the member's average final compensation multiplied by the number of years of creditable service in the capacity of liquor inspector or chief inspector; and [PL 2003, c. 451, Pt. GG, §3 (NEW).] B. The part of the member's benefit based upon membership service earned in a position not covered by section 17851, subsection 10‑A must be computed in accordance with the formula for computing benefits for the plan by which the member is then covered. [PL 2003, c. 451, Pt. GG, §3 (NEW).] [PL 2003, c. 451, Pt. GG, §3 (NEW).]

10. Maine State Prison employees. The amount of the service retirement benefit for members qualified under section 17851, subsection 11 , shall be computed as follows. A. For members qualifying under section 17851, subsection 11, paragraph A, 1/2 of the member's average final compensation and an additional 2% of the member's average final compensation for each year of membership service not included in determining qualification under section 17851, subsection 11, paragraph A. [RR 2023, c. 2, Pt. B, §122 (COR).] B. For members who qualify under section 17851, subsection 11, paragraph B , and who retire upon or after reaching the age of 55, the retirement benefit shall be computed in accordance with subsection 1 . [PL 1987, c. 769, Pt. A, §30 (AMD).] C. For members who qualify under section 17851, subsection 11, paragraph B , and who retire before reaching the age of 55, the retirement benefit is determined in accordance with subsection 1, except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at age 55 bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement is used. This paragraph applies to members who, on July 1, 1993, have 10 years of creditable service. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, section F‑6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29, or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1993, c. 410, Pt. L, §40 (AMD).] C-1. For persons qualifying under section 17851, subsection 11, paragraph B , and who retire before reaching the age of 55, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the member's age precedes age 55. This paragraph applies to members who, on July 1, 1993, do not have 10 years of creditable service. [PL 1993, c. 410, Pt. L, §41 (RPR).] [RR 2023, c. 2, Pt. B, §122 (COR).]

11. Baxter State Park Authority rangers; option. Except as provided in section 17851‑A , the retirement benefit of a person who qualifies under section 17851, subsection 12 and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a law enforcement officer at the Baxter State Park Authority on or after November 1, 1995, elects the option provided in section 17851, subsection 12 and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2007, c. 491, §167 (AMD).] B. The person was first employed as a law enforcement officer at the Baxter State Park Authority before November 1, 1995, elects the option provided in section 17851, subsection 12 and pays to the State Employee and Teacher Retirement Program single or periodic payment of a lump sum or by a combination of single and periodic payments of the amount that equals the full actuarial cost of electing that option for service before that date. A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after November 1, 1995 is made as part of the employee payroll contribution. [PL 2007, c. 491, §168 (AMD).] For the purposes of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 12 and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 12 at any time after the date on which the person is first employed as a law enforcement officer at the Baxter State Park Authority must include interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection is effective November 1, 1995. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a law enforcement officer at the Baxter State Park Authority on or after November 1, 1995 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before November 1, 1995 must make the election no later than January 1, 1997. [PL 2007, c. 491, §§167, 168 (AMD).]

12. Baxter State Park Authority rangers exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , for a person exercising the option provided in section 17851, subsection 12 , who makes the payments required in subsection 11 , and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; or 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1995, c. 624, §12 (NEW).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 1995, c. 624, §12 (NEW).] [PL 1999, c. 493, §12 (AMD).]

13. Fire marshals; option. Except as provided in section 17851‑A , the retirement benefit of a person who qualifies under section 17851, subsection 13 and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a fire marshal on or after October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2007, c. 491, §169 (AMD).] B. The person was first employed as a fire marshal before October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the State Employee and Teacher Retirement Program a single payment or periodic payments of a lump sum or a combination of single and periodic payments of that amount that equals the full actuarial cost of electing that option for service before that date. [PL 2007, c. 491, §170 (AMD).] A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by a single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after October 1, 1997 is made as part of the employee payroll contribution. For the purposes of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 13 and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 13 at any time after the date on which the person is first employed as a fire marshal must include interest, at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection takes effect October 1, 1997. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a fire marshal on or after October 1, 1997 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before October 1, 1997 must make the election no later than January 1, 1998. [PL 2007, c. 491, §§169, 170 (AMD).]

14. Fire marshals exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , for a person exercising the option provided in section 17851, subsection 13 who makes the payments required in subsection 13 and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1997, c. 401, §3 (NEW).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 1997, c. 401, §3 (NEW).] [PL 1999, c. 493, §14 (AMD).]

15. Motor vehicle detectives; option. Except as provided in section 17851‑A , the retirement benefit of a person who qualifies under section 17851, subsection 14 and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if: A. The person was first employed as a motor vehicle detective on or after October 1, 1997, elects the option provided in section 17851, subsection 14 and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or [PL 2019, c. 541, §11 (AMD).] B. The person was first employed as a motor vehicle detective before October 1, 1997, elects the option provided in section 17851, subsection 14 and pays to the State Employee and Teacher Retirement Program a single payment or periodic payments of a lump sum or a combination of single and periodic payments of that amount that equals the full actuarial cost of electing that option for service before that date. [PL 2019, c. 541, §11 (AMD).] A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by a single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after October 1, 1997 is made as part of the employee payroll contribution. For the purposes of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 14 and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required. A person who makes the election provided in section 17851, subsection 14 at any time after the date on which the person is first employed as a motor vehicle detective must include interest, at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment. This subsection takes effect October 1, 1997. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a motor vehicle detective on or after October 1, 1997 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before October 1, 1997 must make the election no later than January 1, 1998. [PL 2019, c. 541, §11 (AMD).]

16. Motor vehicle detectives exercising option; retirement before 55 years of age. Except as provided in section 17851‑A , fora person exercising the option provided in section 17851, subsection 14 who makes the payments required in subsection 15 and who retires before reaching 55 years of age, the retirement benefit is determined as follows. A. For members with 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that: (1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 55 years of age bears to the life annuity due at the age of retirement; and (2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement are used. For the purpose of calculating creditable service under this subsection only, "creditable service" includes time during which a member participated in the voluntary cost-savings plan or the voluntary employee incentive program authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV; 10 years of combined creditable service under this Part and Title 3, chapter 29; or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 2017, c. 229, §4 (AMD).] B. For members who do not have 10 years of creditable service on July 1, 1993, the retirement benefit is determined in accordance with subsection 1 , except that the benefit is reduced by 6% for each year that the person's age precedes 55 years of age. [PL 1997, c. 401, §3 (NEW).] [PL 2019, c. 541, §12 (AMD).]

17. Limitation to changes in computation of service retirement benefits. Effective October 1, 1999, for a member who, on October 1, 1999 or thereafter, meets the creditable service requirement for eligibility for service retirement benefits under section 17851, subsections 4 to 14 ; or under section 17851‑A, subsection 2, paragraph A or B , whether or not a member is in service on October 1, 1999, the factors specified for the computation of service retirement benefits under subsections 4 to 16 as in effect on October 1, 1999; or under section 17851‑A, subsection 4 as in effect on October 1, 1999, as applicable to each member, may not be changed, alone or in combination under each separate subsection. [PL 1999, c. 489, §18 (NEW).]
5 M.R.S. § 957 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 957
5 §957. State Employee Assistance Program
Status: in_force

The State Employee Assistance Program is a division of the Bureau of Human Resources and is established to promote increased efficiency in the workplace by providing assessment and referral service to those state employees, spouses and dependents of state employees and state retirees whose work performance has been affected by the disorders specified in subsection 1 . [PL 1991, c. 528, Pt. III, §9 (RPR); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §9 (RPR).]

1. Assessment and referral. The program shall provide assessment and referral services to employees whose work performance has been affected by behavioral or medical disorders including, but not limited to, substance use disorder, misuse of drugs, emotional problems, family disorders and financial, legal, marital and any other stresses. The major elements of the program consist of the following: A. An assessment interview; [PL 1989, c. 857, §19 (NEW).] B. Referral to appropriate treatment; [PL 1989, c. 857, §19 (NEW).] C. Follow-up; [PL 1989, c. 857, §19 (NEW).] D. Coordination of a benefit package; [PL 1989, c. 857, §19 (NEW).] E. Continuous care; [PL 1989, c. 857, §19 (NEW).] F. Maintenance of confidentiality of client records; and [PL 1989, c. 857, §19 (NEW).] G. Education of state employees. [PL 1989, c. 857, §19 (NEW).] [PL 2017, c. 407, Pt. A, §5 (AMD).]

2. Contract services. The State Human Resources Officer shall contract with a private company or companies to fulfill the purpose of this section. Any contracts for employee assistance services must be awarded on the basis of a competitive bid process. [PL 1991, c. 528, Pt. MM, §1 (RPR); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. MM, §1 (RPR); PL 2023, c. 412, §3 (REV).]

3. Employee participation and leave. Employee participation in the program is voluntary. Employees who wish to consult with a program counselor must be granted administrative leave without loss of pay or benefits. Employees may use authorized accumulated leave, or leave without pay, for assistance by an outside resource. [PL 1989, c. 857, §19 (NEW).]

4. Funds. The Department of Administrative and Financial Services shall receive and disburse funds made available to the program through the provisions of section 286‑A . The State Human Resources Officer shall oversee the implementation and administration of the program. Funds made available to the department for the purposes of this section, from any source, may not lapse, but must be carried forward to the next fiscal year to be expended for the same purpose. [PL 2005, c. 683, Pt. A, §5 (AMD); PL 2023, c. 412, §3 (REV).]

5. Confidentiality of client records. No records of the identity, assessment, diagnosis, prognosis, referral or treatment of a client of the program may be maintained in the personnel records of individuals who participate in the program. Any such records are confidential. [PL 1989, c. 857, §19 (NEW).]
5 M.R.S. § 11001 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11001
5 §11001. Right to review
Status: in_force

1. Agency action. Except where a statute provides for direct review or review of a pro forma judicial decree by the Supreme Judicial Court or where judicial review is specifically precluded or the issues therein limited by statute, any person who is aggrieved by final agency action shall be entitled to judicial review thereof in the Superior Court in the manner provided by this subchapter. Preliminary, procedural, intermediate or other nonfinal agency action shall be independently reviewable only if review of the final agency action would not provide an adequate remedy. [PL 1979, c. 127, §40 (AMD).]

2. Failure or refusal of agency to act. Any person aggrieved by the failure or refusal of an agency to act shall be entitled to judicial review thereof in the Superior Court. The relief available in the Superior Court shall include an order requiring the agency to make a decision within a time certain. [PL 1977, c. 551, §3 (NEW).]