5 M.R.S. § 13032 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13032
5 §13032. Maine Small Business and Entrepreneurship Commission established
Status: in_force

The Maine Small Business and Entrepreneurship Commission is established as an independent commission within the department to evaluate and coordinate small business and entrepreneurial programs, contract with the administrative unit and exercise other powers and responsibilities as provided in this chapter. [PL 2003, c. 681, §4 (AMD).]
5 M.R.S. § 3256 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3256
5 §3256. Maine Service Fellows Program
Status: in_force

The Maine Service Fellows Program, referred to in this section as "the program," is established within the commission. Individuals who participate in the program are referred to in this section as "program fellows." The commission shall administer the program in accordance with this section. [PL 2025, c. 388, Pt. D, §14 (NEW).]

1. Program purposes. The commission shall establish the program to: A. Increase the opportunities for individuals to devote a year of service to communities in the State; [PL 2025, c. 388, Pt. D, §14 (NEW).] B. Attract to and retain in the State motivated adults who have completed a college degree within the prior 5 years to serve in positions where they can apply skills and abilities to projects for the benefit of citizens of the State; [PL 2025, c. 388, Pt. D, §14 (NEW).] C. Provide rural and underserved communities in the State a resource to address critical health and human, public safety, education and environmental needs; and [PL 2025, c. 388, Pt. D, §14 (NEW).] D. Strengthen civic engagement of both the program fellows and community residents through solutions based in whole or in part in volunteer service. [PL 2025, c. 388, Pt. D, §14 (NEW).] [PL 2025, c. 388, Pt. D, §14 (NEW).]

2. Program design. The program must be designed to coordinate with appropriate organizations in the served communities. Program fellows must be required to commit up to 20% of their time in the program to developing regional networks of volunteer programs whose common goals can result in mutual benefits. An entity may submit a proposal to sponsor a program fellow based on guidelines established under this subsection. Services provided by a program fellow may include but are not limited to services to address home evictions, to support workforce development, to mitigate and prevent substance use disorder and to promote mental health. The commission may identify other priority needs of communities to be addressed by the program and may make those services available to eligible communities. The commission shall establish guidelines for the program that include but are not limited to: A. Limiting the eligibility of entities that may sponsor program fellows to local or county government, school districts, nonprofit organizations, faith-based organizations and similar entities; [PL 2025, c. 388, Pt. D, §14 (NEW).] B. Establishing standards for local sponsors regarding supervision and support of program fellows during their service; [PL 2025, c. 388, Pt. D, §14 (NEW).] C. Ensuring that projects and project proposals are well-designed and measure their impact and do not include partisan or political activity; [PL 2025, c. 388, Pt. D, §14 (NEW).] D. Ensuring that program fellows are not used to replace positions eliminated or position hours reduced as a result of budget cuts by the sponsor; [PL 2025, c. 388, Pt. D, §14 (NEW).] E. Requiring criminal background checks or other safeguards if projects involve working with vulnerable populations such as schoolchildren or if otherwise required to receive federal funds; [PL 2025, c. 388, Pt. D, §14 (NEW).] F. Focusing the program on rural communities as defined by the United States Department of Agriculture, Economic Research Service's rural-urban continuum codes, except that the commission shall use criteria other than the codes for defining rural communities in Penobscot County; [PL 2025, c. 388, Pt. D, §14 (NEW).] G. Authorizing private sector and local partner contributions to program operations for travel reimbursements or training costs; and [PL 2025, c. 388, Pt. D, §14 (NEW).] H. Any other guideline that the commission believes will benefit the program. [PL 2025, c. 388, Pt. D, §14 (NEW).] [PL 2025, c. 388, Pt. D, §14 (NEW).]

3. Compensation. To the extent funds are available, the commission shall ensure that program fellows receive the following compensation for service: A. A stipend set by the commission to achieve an annual income of up to 212% of the nonfarm income official federal poverty level. To the extent the stipend is paid from the General Fund or any other account of the commission, personal liability insurance and workers' compensation insurance, paid for from the same source of funds, must also be provided. Notwithstanding any law to the contrary, program fellows are not employees of the State for the purposes of Title 5, Part 20 ; [PL 2025, c. 388, Pt. D, §14 (NEW).] B. A program completion bonus that includes, to the extent established by the commission by rule, an educational loan payment in an amount up to 20% of the stipend value paid on behalf of the program fellow to the holder of the loan; and [PL 2025, c. 388, Pt. D, §14 (NEW).] C. An allowance to pay for individual health insurance not to exceed 2% of the stipend amount. [PL 2025, c. 388, Pt. D, §14 (NEW).] [PL 2025, c. 388, Pt. D, §14 (NEW).]

4. Funding. The commission may seek and receive both private and federal funds, grants and gifts in support of the program. The commission may accept funding from other state agencies to support program fellows whose work will support and promote goals of programs administered by those agencies. [PL 2025, c. 388, Pt. D, §14 (NEW).]

5. Rules. The commission may adopt rules necessary to carry out the purposes of this section. Rules adopted under this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2025, c. 388, Pt. D, §14 (NEW).]
5 M.R.S. § 20 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 20
5 §20. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 737, Pt. A, §15 (NEW).]

1. Employee of this State. "Employee of this State" means an employee in the classified or unclassified service as defined in chapters 71 and 372 . [PL 1991, c. 824, Pt. B, §2 (AMD).]

2. State property. "State property" means personal property, including, but not limited to, furnishings, supplies and equipment that is owned or leased by or in the control of the State or any department or agency of the State or independent state agency. "State property" includes property purchased with funds, such as fees for conferences and seminars conducted by a state agency, received by or on behalf of the State or any department or agency outside of the normal system of accounts and controls. [PL 1995, c. 280, §1 (AMD).]
5 M.R.S. § 13120-F — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-F
5 §13120-F. Receive, use and invest funds
Status: in_force

The authority may receive and accept from any source allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this subchapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. [PL 2001, c. 703, §6 (NEW).]

The authority may invest funds received from any source for carrying out this subchapter and expend interest and other earnings on those funds as appropriate to implement this subchapter, including use for program and administrative costs. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 937 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 937
5 §937. Department of Education
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Education. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Deputy Commissioner; [PL 2011, c. 655, Pt. D, §2 (AMD).] B. [PL 1997, c. 266, §1 (RP).] C. [PL 1993, c. 684, §1 (RP); PL 1993, c. 708, Pt. J, §2 (RP).] D. [PL 1993, c. 684, §1 (RP); PL 1993, c. 708, Pt. J, §2 (RP).] E. [PL 1993, c. 684, §1 (RP); PL 1993, c. 708, Pt. J, §2 (RP).] F. Director of Policy and Government Affairs; [PL 2021, c. 635, Pt. W, §1 (AMD).] G. [PL 2001, c. 344, §2 (RP); PL 2001, c. 439, Pt. H, §2 (RP).] H. [PL 1997, c. 266, §1 (RP).] I. [PL 1995, c. 560, Pt. F, §3 (RP).] J. [PL 2007, c. 1, Pt. D, §1 (RP).] K. [PL 2015, c. 267, Pt. NN, §1 (RP).] L. [PL 2015, c. 267, Pt. NN, §1 (RP).] M. Director of Marketing and Communications; [PL 2021, c. 635, Pt. W, §1 (AMD).] N. [PL 2021, c. 635, Pt. W, §1 (RP).] O. Associate Commissioner of Policy and Programs; and [PL 2021, c. 635, Pt. W, §1 (NEW).] P. Associate Commissioner of Public Education. [PL 2021, c. 635, Pt. W, §1 (NEW).] [PL 2021, c. 635, Pt. W, §1 (AMD).]
5 M.R.S. § 150 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 150
5 §150. Temporary loans by State
Status: in_force

The Treasurer of State, with the approval of the Governor, may negotiate a temporary loan or loans in anticipation of the issuance of bonds authorized but not yet issued. Such temporary loan or loans shall be repaid from the proceeds of the bonds within one year from the date of the loan. [PL 1975, c. 771, §46 (AMD).]

The Treasurer of State, with the approval of the Governor, may negotiate a temporary loan or loans in anticipation of taxes levied for that fiscal year, but not exceeding a total of that amount of taxes estimated by the Treasurer of State to be collected in the fiscal year in which the temporary loan or loans, or renewal of the temporary loan or loans, is made, as long as the temporary loans or renewals of the temporary loans do not exceed any limitation set forth in the Constitution of Maine, Article IX, Section 14. Any such loans may be renewed from time to time as the Treasurer of State, with the approval of the Governor, determines, except that each loan or renewal of the loan must be retired not later than the close of the fiscal year in which the loan was originally made and for which were levied the taxes in anticipation of the collection of which the loan was originally made; and that each loan or renewal of the loan must comply with the provisions of this section and the Constitution of Maine, Article IX, Section 14. [PL 2001, c. 705, §1 (AMD).]
5 M.R.S. § 13120-L — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-L
5 §13120-L. Rules
Status: in_force

Pursuant to chapter 375 , the authority may adopt any rule, including its bylaws, necessary or useful for carrying out any of its powers or duties. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II‑A . [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 20041 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20041
5 §20041. Evaluation
Status: in_force

1. Data collection; sources. The department shall collect data and use information from other sources to evaluate or provide for the evaluation of the impact, quality and value of substance use disorder prevention activities, treatment facilities and other substance use disorder programs. [PL 2017, c. 407, Pt. A, §36 (AMD).]

2. Content of evaluation. Any evaluation of treatment facilities must include, but is not limited to, administrative adequacy and capacity, policies and treatment planning and delivery. Substance use disorder prevention and treatment services authorized by this Act and by the following federal laws and amendments that relate to substance use disorder prevention must be evaluated: A. The Drug Abuse Office and Treatment Act of 1972, 21 United States Code, Section 1101 et seq. (1982); [PL 1989, c. 934, Pt. A, §3 (NEW).] B. The Community Mental Health Centers Act, 42 United States Code, Section 2688 et seq. (1982); [PL 1989, c. 934, Pt. A, §3 (NEW).] C. The Public Health Service Act, 42 United States Code, Section 1 et seq. (1982); [PL 1989, c. 934, Pt. A, §3 (NEW).] D. The Vocational Rehabilitation Act, 29 United States Code, Section 701 et seq. (1982); [PL 1989, c. 934, Pt. A, §3 (NEW).] E. The Social Security Act, 42 United States Code, Section 301 et seq. (1982); and [PL 1989, c. 934, Pt. A, §3 (NEW).] F. The federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982) and similar Acts. [PL 1989, c. 934, Pt. A, §3 (NEW).] [PL 2017, c. 407, Pt. A, §36 (AMD).]
5 M.R.S. § 121-A — ME Code / Title 5 / Part 1 / Chapter 7 / Section 121-A
5 §121-A. Transition period
Status: in_force

In order to provide for an orderly transition following the biennial election of the Treasurer of State, the Treasurer of State-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election. [RR 2023, c. 2, Pt. B, §12 (COR).]
5 M.R.S. § 8011 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8011
5 §8011. Acquisition and disposal of property (REALLOCATED TO TITLE 5, SECTION 15011)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15011)
5 M.R.S. § 1510-B — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1510-B
5 §1510-B. No liability for wild animal damage
Status: in_force

The State is not liable for damage done by wild animals to beehives or livestock. Neither state agencies nor the State Claims Commission may accept claims for such wild animal damage. [PL 1987, c. 395, Pt. A, §20 (AMD).]
5 M.R.S. § 936 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 936
5 §936. Department of Corrections
Status: in_force

1. Major policy-influencing positions. The positions of deputy commissioner and 2 associate commissioners are major policy-influencing positions within the Department of Corrections. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter. A. [PL 2013, c. 491, §2 (RP).] B. [PL 2013, c. 491, §2 (RP).] C. [PL 2013, c. 491, §2 (RP).] [PL 2013, c. 491, §2 (RPR).]
5 M.R.S. § 3360-P — ME Code / Title 5 / Part 9 / Chapter 316-B / Section 3360-P
5 §3360-P. Administration
Status: in_force

The Department of Health and Human Services shall provide general administrative oversight for the board's policies and responsibilities. When appropriate, the Department of Health and Human Services may employ personnel necessary to carry out the purposes of the board; lease, rent or acquire adequate equipment and facilities; accept federal funds or grants that are available to carry out or implement the board's objectives; and provide technical assistance and training to sexual assault forensic examiners. [PL 2015, c. 267, Pt. GG, §3 (AMD).]
5 M.R.S. § 17203 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17203
5 §17203. Payroll deduction
Status: in_force

1. Certification and deduction. The board shall certify to the chief administrative officer of each department, school and participating local district and the chief administrative officer shall cause to be deducted from the compensation of each member on each payroll of the department, school or participating local district for each payroll period, the appropriate percentage of earnable compensation to be contributed. A. Amounts deducted from the compensation of state employees must be credited to the State Employee and Teacher Retirement Program in the same manner and at the same time that employer charges are credited to that program as provided by section 17154, subsection 5 . [PL 2007, c. 491, §88 (AMD).] B. Amounts deducted from the compensation of teachers must be paid to the State Employee and Teacher Retirement Program by the chief administrative officer of each school administrative unit monthly in accordance with rules of the board. Delinquent payments due under this paragraph: (1) May be subject to a late fee as directed by the board and interest at a rate, to be set by the board and paid by the school administrative unit, not to exceed regular interest by 5 or more percentage points; (2) May be recovered by action in a court of competent jurisdiction against the school administrative unit; or (3) May, at the request of the retirement system, be deducted from any other money payable to that school administrative unit. [PL 2007, c. 491, §88 (AMD).] C. Payment of members' contributions to the Participating Local District Retirement Program by participating local districts is governed by sections 18301 to 18303 . [PL 2007, c. 491, §88 (AMD).] [PL 2007, c. 491, §88 (AMD).]

2. Manner of deduction. The amounts deducted under subsection 1 , when deducted, shall be: A. Paid into the Members' Contribution Fund; and [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Credited to the individual account of the member from whose compensation the deduction was made. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Member's consent. It is deemed that every member has consented to allow the chief administrative officer of the member's department, school or participating local district to make deductions from the member's compensation or to make pick-up contributions to satisfy the member's required contribution to the applicable retirement program. [PL 2007, c. 491, §89 (AMD).]

4. Discharge of claims. Payment of compensation to a member, minus the adjustment to compensation resulting from a deduction or employer pick-up contributions under this section, shall be a complete discharge of all claims and demands based on the services rendered by the member during the period covered by the payment, except for any claims or demands for the benefits provided under this Part. [PL 1987, c. 739, §§7,48 (AMD).]

5. Reduction of minimum compensation. The deductions under this section shall be made notwithstanding that the minimum compensation provided for by law for any member is reduced by the deduction. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 194-I — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-I
5 §194-I. Intervention in court proceeding
Status: in_force

This section relates to intervention in proceedings under section 194‑F . [PL 2001, c. 550, Pt. A, §2 (NEW).]

1. Right to intervene. Except as provided in subsection 2 , the court, on timely application made pursuant to Rule 24(a) of the Maine Rules of Civil Procedure, shall allow any person who is interested in the outcome of a conversion proceeding to intervene as a party to that proceeding, notwithstanding the presence of the Attorney General in the action. [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Court power to manage process. This section does not limit the power of the court to manage its cases by limiting the number of intervenors or by consolidating parties with similar interests. [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 21301 — ME Code / Title 5 / Part 27 / Chapter 557 / Section 21301
5 §21301. Commission (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See PL 1997, c. 254, §2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 1997, c. 254, §2)

1. Establishment. The Interstate Economic Development Commission for the Northern New England States, referred to in this chapter as the "commission," is created to examine and promote economic development throughout the member states set forth in subsection 2 . [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

2. Member states. The member states are Maine, New Hampshire and Vermont to the extent that these states have enacted legislation substantially the same as this chapter. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

3. Members. The commission consists of the following 15 members: A. The governor of each member state, or the governor's designee; [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).] B. The commissioner of the state department of each member state with jurisdiction over economic development, or the commissioner's designee; [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).] C. Three public members, one appointed by each governor of each member state; and [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).] D. Six legislative members, appointed by the presiding officer of each House of the Legislature of each member state. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).] [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

4. Terms. Members of the commission who are governors, commissioners or legislative members serve during the term of office for which they were elected or appointed. Public members serve 4-year terms. A vacancy must be filled in the same manner as the original appointment. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

5. Chair. The position of chair rotates among the governors of the member states, or their designees, on an annual basis. Before or at the first meeting of the commission, the governors shall establish the order of rotation. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

6. Compensation. Members are not entitled to compensation. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

7. Meetings. The commission shall meet at least 6 times each year. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]
5 M.R.S. § 1741 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1741
5 §1741. Definitions
Status: in_force

Whenever the words "public improvement" or "public improvements" appear in chapters 141 to 155 , those words mean and include the construction, major alteration or repair of buildings or public works now owned or leased or constructed, acquired or leased by the State or any department, officer, board, commission or agency of the State, or constructed, acquired or leased, in whole or in part with state funds, and including the construction, major alteration or repair of school buildings, in excess of $25,000, by any school administrative unit and for which state school construction aid is to be paid, except that sections 1743 and 1745 are not applicable to construction, major alteration or repair of school buildings. This subchapter does not apply to contracts for transportation-related services and contracts for construction and maintenance that, by law, are under the supervision of the Department of Transportation or the Maine Turnpike Authority. [PL 2015, c. 5, §1 (AMD).]

The word "person" as used in this section and sections 1745 to 1749 means and includes any individual, copartnership, association, corporation or joint stock company and their lessees, trustees or receivers appointed by any court whatsoever. [PL 2005, c. 313, §1 (AMD).]
5 M.R.S. § 1833 — ME Code / Title 5 / Part 4 / Chapter 156 / Section 1833
5 §1833. Workers' Compensation Management Fund
Status: in_force

The Workers' Compensation Management Fund is established to provide for any expenses related to the resolution of workers' compensation claims including: records and information management; investigation; medical review; representation; rehabilitation; payment of compensation; appropriate medical expenses and other payments required by the Workers' Compensation Board; the settlement of cases; and other necessary expenses. [PL 1989, c. 501, §P16 (NEW); PL 1991, c. 885, Pt. D, §2 (AMD).]

The fund must be an internal service fund and be under the control of the Commissioner of Administrative and Financial Services and the supervision of the Bureau of Human Resources. The fund must be a continuing fund and may not lapse. The treasurer shall credit interest earned to the fund. [PL 1991, c. 780, Pt. Y, §72 (AMD).]

1. Capitalization; premiums. The fund is capitalized by legislative appropriations, payment from state departments and agencies and by other appropriate means. On or before July 1st of each year, the Department of Administrative and Financial Services, Division of Employee Health and Benefits shall inform the State Budget Officer of quarterly premium charges for the fiscal year. The State Budget Officer shall advise any affected department or agency of the premium charges so that they may be incorporated into the normal budgetary process. An agency that does not have sufficient funding to pay the required premium charges shall request funds from the Legislature. All state departments and agencies shall make premium payments to the fund at the beginning of each quarter based on charges to user departments. Premiums charged to user departments must be based on an analysis of the loss experience of each department, the reserve requirements related to departmental loss experience and the recovery of expenses as authorized in this section as related to each user department. Each department shall allocate the premium charge based on an analysis of the loss experience of each account or subdivision of account within the department. Premiums charged must be sufficient to ensure the continuation of the fund and shall be set by the commissioner. Funds received from the reserve fund for self-insured retention losses under section 1731 must be repaid to that reserve fund through premiums charged except that, on the request of the commissioner, the Governor may waive repayment to the reserve fund when warranted and necessary. [PL 2013, c. 447, §1 (AMD).]

2. Transitional clause. [PL 2013, c. 447, §2 (RP).]
5 M.R.S. § 17657 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17657
5 §17657. Federal employment
Status: in_force

1. Membership in the State Employee and Teacher Retirement Program. The following persons are considered members of the State Employee and Teacher Retirement Program if they make payments to the Members' Contribution Fund in the same amounts and during the same periods as other state employees have made to that fund, either through direct contributions or pick-up contributions: A. Any person who was an employee on December 31, 1941, and who was transferred to the federal employment service; and [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Any person employed by the federal employment service after December 31, 1941, who subsequently became a state employee at or after the date on which the federal employment service was returned to the State as an operating unit. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 2007, c. 491, §98 (AMD).]

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

3. Rights and benefits. A person described in subsection 1 is entitled to all the rights and benefits that that person could have accrued if that person had been employed by the State. [RR 2023, c. 2, Pt. B, §100 (COR).]
5 M.R.S. § 6209 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6209
5 §6209. Fee title; evaluation; legislative approval; authority to encumber
Status: in_force

1. Uses of funds. [PL 2025, c. 471, Pt. A, §11 (RP).]

2. Fee title. Fee title to all interests in land acquired pursuant to this chapter must be clear to ensure that the State's interests in funding the acquisition are protected. [PL 2025, c. 471, Pt. A, §11 (AMD).]

3. Matching funds. [PL 2025, c. 471, Pt. A, §11 (RP).]

4. Payments. [PL 2025, c. 471, Pt. A, §11 (RP).]

5. Land evaluated. All interests in property acquired with money from the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund or the Public Access to Maine Waters Fund must be evaluated for rare, threatened or endangered species of plants and animals, exemplary natural communities, features of historic significance and other high priority natural features and ecologic functions as determined by the board, with reference to the best inventory data available to the State. Subsequent management by state agencies holding properties found to have such important features and functions must reflect the objective of maintaining and protecting those features and functions. [PL 2025, c. 471, Pt. A, §11 (AMD).]

6. Fee title legislative approval. Except as provided in subsection 7 , fee interests in land acquired under this chapter and held by the State may not be sold or used for purposes other than those stated in this chapter, unless approved by a 2/3 majority of the Legislature. [PL 2025, c. 471, Pt. A, §11 (AMD).]

7. Conveyance of an access easement across a rail trail. Notwithstanding any provision of law to the contrary, the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry, with the approval of the Governor and the Commissioner of Agriculture, Conservation and Forestry, may sell or otherwise convey in accordance with Title 12, section 1814‑A access rights by easement across a rail trail acquired under this chapter. For the purposes of this subsection, "rail trail" means a former railroad right-of-way in which the Department of Agriculture, Conservation and Forestry holds an ownership interest and that is: A. No longer used for rail service; and [PL 2011, c. 278, §2 (NEW).] B. Managed by the Department of Agriculture, Conservation and Forestry for use as a recreational trail. [PL 2011, c. 278, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2025, c. 471, Pt. A, §11 (AMD).]
5 M.R.S. § 11004 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11004
5 §11004. Stay
Status: in_force

The filing of a petition for review shall not operate as a stay of the final agency action pending judicial review. Application for a stay of an agency decision shall ordinarily be made first to the agency, which may issue a stay upon a showing of irreparable injury to the petitioner, a strong likelihood of success on the merits, and no substantial harm to adverse parties or the general public. A motion for such relief may be made to the Superior Court, but the motion shall show that application to the agency for the relief sought is not practicable, or that application has been made to the agency and denied, with the reasons given by it for denial, or that the action of the agency did not afford the relief which the petitioner had requested. In addition, the motion shall show the reasons for the relief requested and the facts relied upon, which facts, if subject to dispute, shall be supported by affidavits. Reasonable notice of the motion shall be given to all parties to the agency proceeding. The court may condition relief under this rule upon the posting of a bond or other appropriate security, except that no bond or security shall be required of the State or any state agency or any official thereof. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 17904 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17904
5 §17904. Qualification for benefit
Status: in_force

1. Qualification. Except as provided in subsection 2 , a member qualifies for a disability retirement benefit if the member becomes disabled while in service and before reaching normal retirement age. A. [PL 1991, c. 887, §4 (RP).] B. [PL 1991, c. 887, §4 (RP).] [PL 1997, c. 384, §4 (AMD).]

2. Exception. A member with fewer than 5 years of continuous creditable service immediately preceding that member's application for a disability retirement benefit is not eligible for that benefit if the disability is the result of a physical or mental condition that existed before the member's latest membership in any retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment. [PL 2007, c. 491, §175 (AMD).]
5 M.R.S. § 194-H — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-H
5 §194-H. Distribution of proceeds
Status: in_force

1. Requirements. The proceeds of a conversion transaction must be distributed to an existing or new foundation or public benefit corporation that meets the following requirements. A. The foundation or public benefit corporation must operate pursuant to 26 United States Code, Section 501(c)(3) or 501(c)(4), and, regardless of whether the foundation is classified as a private foundation under 26 United States Code, Section 509, the foundation or public benefit corporation must operate in accordance with the restrictions and limitations that apply to private foundations found in 26 United States Code, Sections 4941 to 4945. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The foundation or public benefit corporation and its directors, officers and staff must be and remain independent of the for-profit company and its affiliates. A person who is an officer, director or staff member with influence over a conversion decision of a public charity submitting a conversion plan, at the time the plan is submitted or at the time of the conversion transaction or within 5 years thereafter, is not qualified to be an officer, director or staff member of the foundation. A director, officer, agent or employee of the public charity submitting the plan or the foundation receiving the charitable assets may not benefit directly or indirectly from the transaction. [PL 2001, c. 550, Pt. A, §2 (NEW).] C. A foundation or public benefit corporation must have or establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting the for-profit corporation or members of the board of directors and management of the for-profit corporation. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 788 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 788
5 §788. Bureau of Human Resources
Status: in_force

The Bureau of Human Resources shall take positive steps to insure that the entire civil service examination and testing process, including the development of job specifications and employment qualifications, is free from either conscious or inadvertent bias. Furthermore, the Bureau of Human Resources will have the initial responsibility of resolving civil service conflicts and complaints, changing administrative procedures when necessary and providing assistance for preparing affirmative action programs. It is the responsibility of the State Affirmative Action Coordinator in the Bureau of Human Resources to monitor the civil service affirmative action program and insure compliance with all federal and state regulations. [PL 1985, c. 785, Pt. B, §23 (AMD).]
5 M.R.S. § 6208 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6208
5 §6208. Municipal approval
Status: in_force

1. Approval. Approval by the elected municipal officials is required when more than 1% of a municipality's state valuation is considered for acquisition under a bond issue. [PL 1993, c. 728, §12 (AMD).]

2. Transactions. Any acquisition by eminent domain funded by the board, when the land exceeds either 50 acres or $100,000 in assessed value, is subject to the approval of the municipality in which the land is located. That approval may be obtained either from the elected municipal officials or, if those officials do not approve, by vote of the town meeting or by referendum of the electorate. If the land involved is located within the unorganized territory, this requirement does not apply. [PL 1993, c. 728, §12 (AMD).]
5 M.R.S. § 18307-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18307-A
5 §18307-A. Inactive accounts
Status: in_force

1. Conditions for refund. The retirement system may make an automatic refund of contributions to a member who has not properly applied for a refund as provided in section 18306‑A and who has terminated service, except by death or by retirement under this Part and who has not met the minimum creditable service requirement for eligibility to receive a service retirement benefit at the applicable age under the following conditions: A. The member account has been inactive for 3 or more years; [PL 2007, c. 491, §219 (AMD).] B. Except when inclusion of a portion of employer contributions is required by this subsection, only accumulated contributions made by the member or picked up by the employer may be refunded to that member under this subsection; [PL 2007, c. 137, §23 (NEW).] C. The amount of the refund of accumulated contributions related to a member’s compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must be at least equal to 7.5% of the member’s compensation for that service plus interest as provided by section 17156 ; and [PL 2007, c. 137, §23 (NEW).] D. A member who receives an automatic refund under this subsection may, within 30 days of the issuance of the refund, return the full refunded amount to the retirement system. Upon receipt, the retirement system shall restore the accumulated contributions to the member’s credit. [PL 2007, c. 137, §23 (NEW).] Pursuant to the Code, Section 401(a)(31)(B), the amount of an automatic refund under this subsection for a member who has not reached the later of 62 years of age or normal retirement age may not exceed $1,000. [PL 2021, c. 548, §36 (AMD).]
5 M.R.S. § 18653 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18653
5 §18653. Rules
Status: in_force

The board may promulgate and publish, in accordance with chapter 375, subchapter II , whatever rules are necessary and proper to give effect to the intent, purposes and provisions of this subchapter. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 9001 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9001
5 §9001. Advisory rulings
Status: in_force

1. Written request. Upon written request of any interested person, an agency may make an advisory ruling with respect to the applicability of any statute or rule administered by that agency to the person or the person's property or actual state of facts. [RR 2023, c. 2, Pt. B, §78 (COR).]

2. Rules written. All advisory rulings shall be in writing. [PL 1977, c. 551, §3 (NEW).]

3. Advisory ruling not binding. An advisory ruling shall not be binding upon an agency, provided that in any subsequent enforcement action initiated by the agency which made the ruling, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed. [PL 1977, c. 551, §3 (NEW).]

4. Advisory rulings. Each agency shall prescribe by rule, in accordance with section 8051 , the procedure for the submission, consideration and disposition of requests for advisory rulings. In issuing an advisory ruling, the agency need not comply with the requirements of subchapters II or IV . [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 13080-P — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-P
5 §13080-P. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 644, §2 (NEW).]

1. Affiliated business. "Affiliated business" means 2 businesses exhibiting either of the following relationships: A. One business owns 50% or more of the stock of the other business or owns a controlling interest in the other; or [PL 1995, c. 644, §2 (NEW).] B. Fifty percent of the stock of each business or a controlling interest in each business is directly or indirectly owned by a common owner or owners. [PL 1995, c. 644, §2 (NEW).] [PL 1995, c. 644, §2 (NEW).]

2. Affiliated group. "Affiliated group" means a qualified business and its corresponding affiliated businesses. [PL 1995, c. 644, §2 (NEW).]

3. Assessor. "Assessor" means the State Tax Assessor. [PL 1995, c. 644, §2 (NEW).]

4. Authority. "Authority" means the Loring Development Authority of Maine. [PL 1995, c. 644, §2 (NEW).]

5. Base area. "Base area" means the area within the geographic boundaries of Loring Air Force Base, as defined in section 13080‑A . [PL 1995, c. 644, §2 (NEW).]

6. Base level of employment. "Base level of employment" means the total employment in the base area as of July 1, 1996. [PL 1995, c. 644, §2 (NEW).]

7. Employment tax increment. "Employment tax increment" means that level of state income withholding taxes attributed to employees employed within the base area, adjusted pursuant to section 13080‑R . [PL 1995, c. 644, §2 (NEW).]

8. Fund. "Fund" means the Loring Job Increment Financing Fund. [PL 1995, c. 644, §2 (NEW).]

9. Gross employment tax increment. "Gross employment tax increment" means that level of state income withholding taxes attributed to employees employed within the base area that is greater than the base level of employment. [PL 1995, c. 644, §2 (NEW).]

10. Successor business. "Successor business" means a business that has acquired the organization, trade or business, or 50% or more of the assets of the organization, trade or business, of another taxpayer. [PL 1995, c. 644, §2 (NEW).] Revisor's Note: §13080-P. Historical marker program (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-D)
5 M.R.S. § 2006 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 2006
5 §2006. Geospatial data accounts
Status: in_force

1. Accounts established. There are established within the office separate accounts, referred to in this section as "the accounts," to be administered by the geographic information board. [PL 2013, c. 122, §1 (NEW).]

2. Sources of funding. The following must be paid into the accounts: A. All money appropriated for inclusion in the accounts; [PL 2013, c. 122, §1 (NEW).] B. All interest earned from investments of the accounts; [PL 2013, c. 122, §1 (NEW).] C. Any money allocated from Other Special Revenue Funds accounts for the purpose of the accounts; [PL 2013, c. 122, §1 (NEW).] D. Proceeds from any bonds issued for the purpose of the accounts; and [PL 2013, c. 122, §1 (NEW).] E. Matching funds received from the Federal Government or other legal entity for geospatial data acquisition expenditures made from the accounts pursuant to subsection 4 . [PL 2013, c. 122, §1 (NEW).] [PL 2013, c. 122, §1 (NEW).]

3. Use of accounts. The purpose of the accounts is to continue projects developed by the geographic information board. The accounts must be used to provide and maintain to the extent practicable statewide GIS data sets necessary for the efficient delivery of state services and to conserve state expenditures through partnerships with other GIS stakeholders interested in acquiring the same data sets. The accounts may be used at the discretion of the geographic information board for acquiring geospatial data primarily including but not limited to the following data sets: A. An orthoimagery program. Imagery collected through this program must be from all areas of the State and be 4-band images that include the red, green, blue and near infrared bands; and [PL 2013, c. 122, §1 (NEW).] B. An elevation data set. A consistent statewide elevation data set must be collected using light detection and ranging technology or an equivalent method. [PL 2013, c. 122, §1 (NEW).] [PL 2013, c. 122, §1 (NEW).]

4. Matching funds. State funds used to purchase geospatial data must be matched by funding from other sources at at least a one-to-one ratio. [PL 2015, c. 267, Pt. YYY, §2 (AMD).]

5. Annual report. The Chief Information Officer shall submit a written report by January 15, 2014 and annually thereafter to the Governor and the Legislature on the accounts' balance and expenditures. [PL 2013, c. 122, §1 (NEW).]
5 M.R.S. § 6203-C — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-C
5 §6203-C. Maine Working Farmland Access and Protection Fund
Status: in_force

1. Fund established. The Maine Working Farmland Access and Protection Fund, referred to in this section as "the fund," is established and is administered by the board in cooperation with the Commissioner of Agriculture, Conservation and Forestry under the provisions of this chapter and Title 7, section 164 . The 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 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 fund become part of the assets of the Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 284, §7 (AMD).]

2. Grants. The board may make grants to state agencies and cooperating entities for the purposes identified in subsection 3 . Grants are 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, §5 (AMD).]

3. Fund proceeds. The proceeds of the fund may be applied and expended to acquire property or interests in property that are designed to protect access to working farmland. The board shall include as a condition of an acquisition or grant made under this section the requirement that the protected property may not be used, altered or developed in a manner that precludes its availability for commercial production of agricultural products. [PL 2021, c. 135, §4 (NEW).]

4. Matching funds. For each grant made under this section, the board shall require the applicant or the grant recipient to provide matching funds at least equal to the amount of the grant. [PL 2021, c. 135, §4 (NEW).]

5. Uses of the fund. When an interest in land or an interest in working farmland is acquired with proceeds from the fund, the board may fund minor capital investments in the stewardship of that land. Funds for stewardship investments must be held in a dedicated stewardship endowment and identified for use on the funded property. The stewardship investments may not exceed 5% of the appraised value of the acquired property. A. When an interest in land is acquired with proceeds from the fund, the board may fund minor capital improvements on the land and on adjoining lands in the same ownership or under the same management to improve public access, as long as these improvements do not exceed 5% of the appraised value of the acquired property. [PL 2021, c. 135, §4 (NEW).] B. When an interest in working farmland is acquired with proceeds from the fund, the board may fund the development of a business plan and capital improvements to provide for the land's continuing use as working farmland, as long as these improvements do not exceed 5% of the appraised value of the acquired property. Capital improvements under this paragraph may also be made on adjoining farmland in the same ownership or under the same management. [PL 2021, c. 135, §4 (NEW).] [PL 2021, c. 135, §4 (NEW).]
5 M.R.S. § 17703 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17703
5 §17703. Former members
Status: in_force

A former member who withdrew the member's contributions after termination of service and who again becomes a member may repay the member's earlier contributions to the Members' Contribution Fund under the following conditions. [RR 2023, c. 2, Pt. B, §102 (COR).]

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

1-A. Exception. [PL 2003, c. 630, Pt. B, §2 (RP).]

2. Manner of repayment. The repayment must be made to the applicable retirement program by a single direct payment or by annual direct payments. Annual repayments must be made as provided in section 17701, subsection 4 . [PL 2007, c. 491, §108 (AMD).]

3. Amount of repayment. The amount of repayment must be equal to the accumulated contributions withdrawn by the person plus interest on the amount of those accumulated contributions, beginning on the date of withdrawal to the date the repayment or repayments are made, at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. [PL 1985, c. 801, §§5, 7 (NEW).]
5 M.R.S. § 17431 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17431
5 §17431. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

2. Investment trust fund. "Investment trust fund" means the Retiree Health Insurance Post-employment Benefits Investment Trust Fund established in section 17432 . [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

3. Assets of the investment trust fund. "Assets of the investment trust fund" means the funds appropriated or otherwise provided to fund the investment trust fund, together with the interest, earnings and returns on the funds. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

4. Investment trust fund agreement. "Investment trust fund agreement" means the trust agreement to be entered into by the State and the trustees of the investment trust fund. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]

5. System. "System" means the Maine Public Employees Retirement System. [PL 2007, c. 58, §3 (REV); PL 2007, c. 240, Pt. RRR, §2 (NEW).]
5 M.R.S. § 284 — ME Code / Title 5 / Part 1 / Chapter 13 / Section 284
5 §284. Division of Financial and Personnel Services
Status: in_force

The Division of Financial and Personnel Services is established to provide assistance to the Commissioner of Administrative and Financial Services and to the agencies within the department in personnel matters, budgeting and financial matters, purchasing and clerical and support services, and to perform such other duties as the commissioner may designate. [PL 1991, c. 780, Pt. Y, §22 (AMD).]
5 M.R.S. § 8008 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8008
5 §8008. Additions to (REALLOCATED TO TITLE 5, SECTION 15008)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15008)
5 M.R.S. § 10005 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10005
5 §10005. Decision and record
Status: in_force

Any licensing decision not involving an adjudicatory proceeding, as defined in section 8002, subsection 1 , shall be made in writing and shall be made only on the basis of evidence relevant to the case. When the requested license is denied, or only conditionally approved, the decision shall contain or reflect the agency's reasoning, in a manner sufficient to inform the applicant and the public of the basis for the agency's action. [PL 1985, c. 680, §8 (NEW).]
5 M.R.S. § 950 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 950
5 §950. Department of the Secretary of State
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of the Secretary of State. Notwithstanding any other provision of law, these positions and their successor positions shall be subject to this chapter: A. Deputy Secretaries of State; and [PL 1983, c. 729, §4 (NEW).] B. State Archivist. [PL 1983, c. 729, §4 (NEW).] [PL 1983, c. 729, §4 (NEW).]
5 M.R.S. § 200-J — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-J
5 §200-J. Cold case homicide unit
Status: in_force

The Attorney General in collaboration with the Commissioner of Public Safety shall establish a cold case homicide unit within the Department of the Attorney General to work exclusively on unsolved murders in the State. The unit must consist of personnel from the Department of the Attorney General and the Department of Public Safety, Bureau of State Police and must include at a minimum one attorney from the Department of the Attorney General, 2 detectives from the Bureau of State Police and one employee of the bureau's crime laboratory. The Attorney General shall adopt rules for the operation of the unit. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2013, c. 585, §1 (NEW); PL 2013, c. 585, §4 (AFF); PL 2015, c. 267, Pt. D, §1 (AFF).]
5 M.R.S. § 4592 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4592
5 §4592. Unlawful public accommodations
Status: in_force

This section does not require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that entity when the individual poses a direct threat to the health or safety of others. For the purposes of this section, the term "direct threat" means a significant risk to the health or safety of others that can not be eliminated by a modification of policies, practices or procedures or by the provision of auxiliary aids or services. [PL 1995, c. 511, §2 (NEW); PL 1995, c. 511, §3 (AFF).]

It is unlawful public accommodations discrimination, in violation of this Act: [PL 1991, c. 99, §21 (AMD).]

1. Denial of public accommodations. For any public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any place of public accommodation to directly or indirectly refuse, discriminate against or in any manner withhold from or deny the full and equal enjoyment to any person, on account of race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin, any of the accommodations, advantages, facilities, goods, services or privileges of public accommodation, or in any manner discriminate against any person in the price, terms or conditions upon which access to accommodations, advantages, facilities, goods, services and privileges may depend. For purposes of this subsection, unlawful discrimination also includes, but is not limited to: A. The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages or accommodations, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages or accommodations being offered; [PL 1995, c. 393, §22 (NEW).] B. A failure to make reasonable modifications in policies, practices or procedures, when modifications are necessary to afford the goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless, in the case of a private entity, the private entity can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages or accommodations; [PL 1995, c. 393, §22 (NEW).] C. A failure to take steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless, in the case of a private entity, the private entity can demonstrate that taking those steps would fundamentally alter the nature of the good, service, facility, privilege, advantage or accommodation being offered or would result in an undue burden; and [PL 2023, c. 489, §7 (AMD).] D. A private entity's failure to remove architectural barriers and communication barriers that are structural in nature in existing facilities and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals, not including barriers that can be removed only through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift, where the removal is readily achievable. When the entity can demonstrate that the removal of a barrier under this paragraph is not readily achievable, a failure to make the goods, services, facilities, privileges, advantages or accommodations available through alternative methods if alternative methods are readily achievable; [PL 2023, c. 489, §8 (AMD).] E. [PL 2023, c. 489, §9 (RP).] [PL 2023, c. 489, §§7-9 (AMD).]

2. Communication, notice or advertisement. For any person to directly or indirectly publish, display or communicate any notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any place of public accommodation are refused, withheld from or denied to any person on account of race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin, or that the patronage or custom of any person belonging to or purporting to be of any particular race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin is unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele is restricted to any particular race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin. The production of any communication, notice or advertisement purporting to relate to any place of accommodation is presumptive evidence in any action that the action was authorized by its owner, manager or proprietor; [PL 2021, c. 366, §14 (AMD).]

3. Denial of lodging; children, exception. For any person who is the owner, lessee, proprietor, manager, superintendent, agent or employee of any public accommodation for lodging to directly or indirectly refuse or withhold from or deny to any person that lodging on the grounds that the person is accompanied by a child or children who will occupy the unit, unless the total number of persons seeking to occupy the unit exceeds the number permitted by local ordinances or reasonable standards relating to health, safety or sanitation. This subsection does not apply to the owner of a lodging place: A. That serves breakfast; [PL 1989, c. 301 (NEW).] B. That contains no more than 5 rooms available to be let to lodgers; and [PL 1995, c. 393, §23 (AMD).] C. In which the owner resides on the premises; [PL 1995, c. 393, §23 (AMD).] [PL 1995, c. 393, §23 (AMD).]

4. Participation. For a covered entity: A. To subject an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, directly or through contractual, licensing or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations of that entity; [PL 1995, c. 393, §24 (NEW).] B. To afford an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, directly or through contractual, licensing or other arrangements, with the opportunity to participate in or benefit from goods or a service, facility, privilege, advantage or accommodation in a manner that is not equal to that afforded to other individuals; and [PL 2023, c. 405, Pt. A, §12 (AMD).] C. To provide an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, directly or through contractual, licensing or other arrangements, with goods or a service, facility, privilege, advantage or accommodation that is different or separate from that provided to other individuals, unless this action is necessary to provide the individual or class of individuals with goods or a service, facility, privilege, advantage or accommodation or other opportunity that is as effective as that provided to others. [PL 2023, c. 405, Pt. A, §13 (AMD).] For purposes of this subsection, the term "individual" or "class of individuals" refers to the clients or customers of the covered public accommodation that enters into a contractual, licensing or other arrangement; [PL 2023, c. 405, Pt. A, §§12, 13 (AMD).]

5. Integrated setting; programs or activities not separate or different. For a covered entity to not afford goods, services, facilities, privileges, advantages and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual. Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability may not be denied the opportunity to participate in programs or activities that are not separate or different; [PL 1995, c. 393, §24 (NEW).]

6. Association. For a covered entity to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations or other opportunities to an individual or entity because of the known protected class status of an individual with whom the individual or entity is known to have a relationship or association; [PL 2021, c. 366, §15 (AMD).]

7. Administrative methods. For an individual or an entity, directly or through contractual or other arrangements, to utilize standards or criteria or methods of administration: A. That have the effect of discrimination on the basis of disability; or [PL 1995, c. 393, §24 (NEW).] B. That perpetuate the discrimination of others who are subject to common administrative control; [PL 2019, c. 464, §5 (AMD).] [PL 2019, c. 464, §5 (AMD).]

8. Service animals. For any public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any place of public accommodation to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the public accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the public accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal. This subsection does not apply to an assistance animal as defined in section 4553, subsection 1‑H unless the assistance animal also qualifies as a service animal; and [PL 2019, c. 464, §6 (AMD).]

9. Unlawful public accommodations. For any public accommodation to designate a single-occupancy toilet facility as for use only by members of one sex. A single-occupancy toilet facility may be identified by a sign, as long as the sign does not indicate that the facility is for use by members of one specific sex. For the purposes of this subsection, a "single-occupancy toilet facility" is a restroom for use by one user at a time or for family or assisted use and that has an outer door that can be locked by the occupant. [PL 2019, c. 464, §7 (NEW).]
5 M.R.S. § 2026 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2026
5 §2026. Prohibited contract, use or purchase by judicial branch and legislative branch
Status: in_force

Except as provided in sections 2027 , 2029 and 2030 , an office of the legislative branch or judicial branch may not contract with a company included on the list of prohibited companies established and maintained by the Chief Information Officer pursuant to section 2022, subsection 1 or use, obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services established and maintained by the Chief Information Officer pursuant to section 2022, subsection 2 . [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 90-Q — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-Q
5 §90-Q. Small business requests for assistance
Status: in_force

A small business may file a complaint requesting the assistance of the special advocate in any agency enforcement action initiated against that small business. The special advocate may provide assistance to the small business in accordance with section 90‑R, subsection 2 . The special advocate shall encourage small businesses to request the assistance of the special advocate as early in the regulatory proceeding as possible. Before providing any assistance, the special advocate shall provide a written disclaimer to the small business stating that the special advocate is not acting as an attorney representing the small business, that no attorney-client relationship is established and that no attorney-client privilege can be asserted by the small business as a result of the assistance provided by the special advocate under this subchapter. [PL 2011, c. 304, Pt. D, §2 (NEW).]
5 M.R.S. § 1813 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1813
5 §1813. Rules and regulations
Status: in_force

The Director of the Bureau of General Services, with the approval of the Commissioner of Administrative and Financial Services, may adopt, modify or abrogate rules for the following purposes: [PL 1991, c. 780, Pt. Y, §68 (AMD).]

1. Direct purchases. Authorizing any state department or agency to purchase directly certain specified services, supplies, materials and equipment, limiting their powers in relation thereto, and describing the manner in which purchases shall be made;

2. Purchase and distribution of supplies. Prescribing the manner in which the supplies, materials and equipment shall be purchased, delivered, stored and distributed;

3. Monthly reports. Requiring monthly reports by state departments or agencies of stocks of supplies, materials and equipment on hand and prescribing the form of such reports;

4. Requisitions and estimates. Prescribing the dates for making requisitions and estimates, the periods for which they are to be made, the form thereof and the manner of authentication;

5. Inspection and tests. Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and making chemical and physical tests of samples submitted with bids and samples from deliveries;

6. Surplus property. Providing for transfer of supplies, materials and equipment that are surplus from one state department or agency to another that may need them, and for the disposal by private and public sale of supplies, materials and equipment that are obsolete and unusable. Political subdivisions, educational institutions, fire departments or qualifying nonprofit organizations as defined in section 1828, subsection 1 , must be given an opportunity to purchase the surplus items through private sale. If 2 or more political subdivisions, educational institutions, fire departments or qualifying nonprofit organizations are interested in any item, the sale must be the result of competitive bid. Any equipment so purchased must be retained for a period of at least one year in a current ongoing program. Any item purchased by a political subdivision, educational institution, fire department or qualifying nonprofit organization under this section may not be sold or transferred by that political subdivision, educational institution, fire department or qualifying nonprofit organization for a period of 6 months from the date of the private sale, except that a qualifying nonprofit organization that contracts with the Department of Health and Human Services to provide vehicles to low-income families may resell a passenger vehicle or light truck purchased in the private sale to a low-income family to assist it in participating in work, education or training pursuant to the qualifying nonprofit organization's contract with the Department of Health and Human Services. The State reserves the right to refuse to sell additional equipment to a political subdivision, educational institution, fire department or qualifying nonprofit organization if it is determined that the political subdivision, educational institution, fire department or qualifying nonprofit organization has not retained the equipment for the required period of 6 months; [PL 2005, c. 386, Pt. H, §8 (AMD).]

7. Deposit or bond with bids. Prescribing the amount of deposit or bond to be submitted with a bid on a contract and the amount of bond to be given for the faithful performance of a contract;

8. Other matters. Providing for such other matters as may be necessary to give effect to the foregoing rules and to chapters 141 to 155 .
5 M.R.S. § 1583 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1583
5 §1583. Exceeding appropriations prohibited
Status: in_force

An agent or officer of the State or any department or agency thereof whose duty it is to expend money under an appropriation by the Legislature may not contract any obligation on behalf of the State in excess of the appropriation. An agent or officer who in that agent or officer's expenditure exceeds that appropriation may not have any claim for reimbursement. [RR 2023, c. 2, Pt. B, §53 (COR).]

Any person who knowingly violates this section shall be guilty of a Class E crime. All prosecutions under this section shall be by indictment and the fines inure to the State. [PL 1977, c. 696, §42 (RPR).]
5 M.R.S. § 1660-M — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-M
5 §1660-M. Appeals
Status: in_force

Any person aggrieved under this chapter is entitled to judicial review, as provided in the Maine Administrative Procedure Act. [PL 2021, c. 10, §6 (AMD).]
5 M.R.S. § 19135 — ME Code / Title 5 / Part 22 / Chapter 439 / Section 19135
5 §19135. Annual report
Status: in_force

The cabinet shall provide an annual report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over criminal justice matters, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters and the Chief Justice of the Supreme Court. A copy of the report must be made available to the public. [PL 2005, c. 294, §14 (AMD).]
5 M.R.S. § 115 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 115
5 §115. Jurisdiction and venue
Status: in_force

The appointment or maintenance in this State of a clerk or registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this State. The address of the agent does not determine venue in an action or proceeding involving the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 18504 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18504
5 §18504. Qualification for benefit
Status: in_force

1. Qualification. Except as provided in subsection 2 , a member qualifies for a disability retirement benefit if the member becomes disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 12, before normal retirement age. A. [PL 1991, c. 887, §12 (RP).] B. [PL 1991, c. 887, §12 (RP).] [PL 1997, c. 384, §10 (AMD).]

2. Exception. A member with fewer than 5 years of creditable service preceding that member's last date of service is not eligible for a disability retirement benefit if the disability is the result of a physical or mental condition that existed before the member's membership in a retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment. [PL 2025, c. 221, §41 (AMD).]
5 M.R.S. § 1901 — ME Code / Title 5 / Part 4 / Chapter 159 / Section 1901
5 §1901. Program
Status: in_force

There is established a State Government cooperative education support program for the purpose of providing work opportunities in state institutions and agencies to Maine residents enrolled as full-time students in approved post-secondary universities, colleges or institutes in Maine. [PL 1975, c. 211 (NEW).]
5 M.R.S. § 13120-Q — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-Q
5 §13120-Q. Exceptions
Status: in_force

The authority, with the advice of the department, the Department of Labor and such other agencies it determines appropriate, may waive the requirements of section 13120‑P, subsection 2, paragraph E and section 13120‑P, subsection 3, paragraph E if the municipality has experienced a historical lack of private investment and it is reasonably expected that private investment will not be available to assist with project financing and one of the following conditions is met: [PL 2011, c. 655, Pt. DD, §7 (AMD); PL 2011, c. 655, Pt. DD, §24 (AFF).]

1. Sudden and severe economic dislocation. The property is located in a municipality that has experienced a sudden and severe economic dislocation, which may include but is not limited to: A. The loss of a significant percentage of jobs within the municipality due to the closure or downsizing of a business or other employer; [PL 2001, c. 703, §6 (NEW).] B. The loss of a significant percentage of the municipality's tax base due to the closure or downsizing of a business or other commercial taxpayer; or [PL 2001, c. 703, §6 (NEW).] C. The unanticipated loss of a significant percentage or component of a municipality's economic development infrastructure as a result of an accident, natural disaster or other catastrophe; or [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]

2. Chronic and severe economic distress. The property is located in a municipality that has experienced long-term economic distress, as evidenced by factors that may include, but are not limited to: A. An unemployment rate that is significantly greater than the average State unemployment rate; [PL 2001, c. 703, §6 (NEW).] B. The significant migration of workers or population out of the area; and [PL 2001, c. 703, §6 (NEW).] C. An average personal income that is significantly below the state average or considered to be at or below the poverty level as defined in Title 22, section 5321 . [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 18659 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18659
5 §18659. Payment of premiums
Status: in_force

Payment of premiums for group life insurance shall be on the basis determined by the board to be actuarially sufficient to pay anticipated claims. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 18652 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18652
5 §18652. Nature of policy
Status: in_force

1. Limitation. All provisions of a policy or policies purchased under section 18651 shall be subject to the limitations of Title 24-A, chapter 31 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. No reduction of benefits. No provisions of a policy or policies purchased under section 18651 may reduce the benefits granted under this subchapter. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13090-J — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-J
5 §13090-J. Tourism Cooperative Marketing Fund
Status: in_force

1. Statement of purpose. The Tourism Cooperative Marketing Fund is established to allow the Office of Tourism to accept private donations to be used in support of special public and private marketing opportunities. [PL 2003, c. 198, §16 (AMD).]

2. Tourism Cooperative Marketing Fund. The Tourism Cooperative Marketing Fund, referred to in this section as the "fund," is established as an interest-bearing account. All charges collected pursuant to this section must be deposited into the fund. All interest earned by the account becomes part of the fund. Any balance remaining in the fund at the end of the fiscal year does not lapse but is carried forward into subsequent fiscal years. Revenue to the fund is collected, managed, deposited, invested and disbursed by the Office of Tourism. [PL 2003, c. 198, §16 (AMD).]

3. Revenue sources. For purposes of funding its activities, the Office of Tourism is authorized to accept donations from private sources and shall consult with donors in making distribution determinations. [PL 2003, c. 198, §16 (AMD).]

4. Administrative costs. The Office of Tourism may retain a portion of the total donations collected equivalent to the office's administrative costs incurred in the collection and remission of the donations, not to exceed 2% of the total donations collected. [PL 2003, c. 198, §16 (AMD).]

5. Reporting requirements. The Office of Tourism shall submit a report by February 1, 1998 and February 1st of each subsequent year to the joint standing committees of the Legislature having jurisdiction over economic development matters and appropriations and financial affairs identifying the amount collected and how the fund was disbursed by the office. [PL 2003, c. 198, §16 (AMD).]

6. Repeal. [PL 2005, c. 517, §1 (RP).]
5 M.R.S. § 95-A — ME Code / Title 5 / Part 1 / Chapter 6 / Section 95-A
5 §95-A. Protection and recovery of public records
Status: in_force

1. Ownership and possession; notice and demand of return. A record created by or belonging to the State, to a local or county government in the State or to any agency of the State remains the property of the State until ownership and possession are formally relinquished in accordance with statute and rules. Whenever the State Archivist has reasonable grounds to believe that records belonging to the State or to a local government or any agency of the State or to which the State or its agencies have a lawful right of possession are in the possession of a person or entity not authorized by the State Archivist, other lawful custodian or by law to possess those records, the State Archivist may issue a written notice and demand to that person or entity for the immediate return of the records. The notice and demand must be sent by certified or registered mail, return receipt requested. The notice and demand must identify the records claimed to belong to the State or local government with reasonable specificity. Upon receipt of the notice and demand, the person or entity in the possession of records claimed to belong to the State or local government may not destroy, alter, transfer, convey or otherwise alienate those records unless authorized in writing by the State Archivist or by an order issued by a court of competent jurisdiction. The notice and demand must specifically state that any transfer, conveyance or other alienation of the records after receipt of the notice and demand constitutes a Class E crime in violation of section 97 . [PL 2009, c. 509, §5 (AMD).]

2. Petition; hearing. Following the issuance of a notice and demand in accordance with subsection 1 , the State Archivist, with the assistance of the Attorney General, may petition the Superior Court of Kennebec County or the Superior Court in the county in which records are located for the return of state records that are in the possession of a person or entity not authorized by the State Archivist, other lawful custodian or by law to possess those records. After hearing, the court shall order the records to be delivered to the State Archivist, or other custodian designated by the State Archivist, upon a finding that the materials in question are records and that the records are in the possession of a person or entity not authorized by the State Archivist, other lawful custodian or provision of law to possess the records. The court may issue all orders necessary to protect the records from destruction, alteration, transfer, conveyance or alienation by the person or entity in possession of the materials and may also order the person or entity in possession of the materials to surrender the records into the custody of the State Archivist pending the court's decision on the petition. [PL 1997, c. 636, §7 (AMD).]

3. Presumption. In any proceeding pursuant to subsection 2 , there is a rebuttable presumption that records that were once in the custody of the State or a local government were not lawfully alienated from that custody. [PL 1997, c. 636, §7 (AMD).]

4. Definition. [PL 1997, c. 636, §7 (RP).]

5. Sale or transfer of record prohibited. A person may not sell or transfer a record unless specifically authorized by law. A person who violates this subsection commits a Class D crime. [PL 2003, c. 365, §1 (NEW).]
5 M.R.S. § 1742-E — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1742-E
5 §1742-E. Bureau of General Services; asbestos, lead and indoor air quality assessment and mitigation services
Status: in_force

1. Asbestos, lead and indoor air quality assessment and mitigation services. The Department of Administrative and Financial Services, through the Bureau of General Services, Division of Safety and Environmental Services, shall provide asbestos, lead and indoor air quality assessment and mitigation oversight services for public schools and state facilities. The Division of Safety and Environmental Services is the lead agency of the State for asbestos, lead and indoor air quality matters. [PL 1997, c. 499, §2 (NEW).]
5 M.R.S. § 1982 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1982
5 §1982. Powers and duties
Status: in_force

1. Maintain central telecommunications services. The Chief Information Officer shall maintain and operate central telecommunications services and may: A. Employ or engage outside technical and professional services that may be necessary for telecommunications purposes; [PL 2005, c. 12, Pt. SS, §16 (NEW).] B. Levy charges, according to a rate schedule based on uniform billing procedures approved by the commissioner, against all units utilizing telecommunications services; [PL 2005, c. 12, Pt. SS, §16 (NEW).] C. Submit a budget of estimated revenues and costs to be incurred by the office as part of the unified current services budget legislation in accordance with sections 1663 to 1666 . Notwithstanding section 1583 , allocations may be increased or adjusted by the State Budget Officer, with approval of the Governor, to specifically cover those adjustments determined to be necessary by the commissioner. A request for adjustment to the allocation is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; and [PL 2005, c. 12, Pt. SS, §16 (NEW).] D. Require departments and agencies to be a part of the central telecommunications service network. Capital items purchased through the office may not be given, transferred, sold or otherwise conveyed to any other department, agency or account without authorization through the normal budgetary process. Except as authorized by the Chief Information Officer, telecommunications services, equipment and systems are the responsibility and property of the office. [PL 2005, c. 12, Pt. SS, §16 (NEW).] [PL 2005, c. 12, Pt. SS, §16 (NEW).]

2. Staff and technical assistance. The Chief Information Officer shall provide staff and technical assistance in data processing to other state agencies. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

3. Maintain central data processing services. The Chief Information Officer shall maintain and operate central data processing and geographic information systems pursuant to subchapter 3 . [PL 2005, c. 12, Pt. SS, §16 (NEW).]

4. InforME responsibilities. The Chief Information Officer shall serve as the contracting authority under Title 1, chapter 14 and shall provide staff to the InforME Board established in Title 1, chapter 14 . [PL 2005, c. 12, Pt. SS, §16 (NEW).]

5. Charges. The Chief Information Officer may levy appropriate charges against all state agencies using services provided by the office and for operations of the office of the Chief Information Officer. The charges must be those fixed in a schedule or schedules prepared and revised as necessary by the Chief Information Officer and approved by the commissioner. The schedule of charges must be supported and explained by accompanying information. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

6. Budget. The Chief Information Officer shall submit a budget of estimated revenues and costs to be incurred by the office. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

7. Professional and technical services. The Chief Information Officer may employ or engage, within funds available, outside technical or professional personnel and services as necessary for carrying out the purposes of this chapter, subject to the approval of the commissioner. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

8. Rules. The Chief Information Officer may make rules, subject to the approval of the commissioner, for carrying out the purposes of this chapter. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

9. Protection of information files. The Chief Information Officer shall develop rules regarding the safeguarding, maintenance and use of information files relating to data processing, subject to the approval of the commissioner. The office is responsible for the enforcement of those rules. All data files are the property of the agency or agencies responsible for their collection and use. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 4684 — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4684
5 §4684. Application includes interference by private parties
Status: in_force

For the purposes of this chapter and Title 17, section 2931 , rights secured by the Constitution of the United States and the laws of the United States and by the Constitution of Maine and the laws of the State include rights that would be protected from interference by governmental actors regardless of whether the specific interference complained of is performed or attempted by private parties. [PL 1991, c. 821, §3 (NEW).]
5 M.R.S. § 207 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 207
5 §207. Unlawful acts and conduct
Status: in_force

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful. [PL 1969, c. 577, §1 (NEW).]

1. Intent. It is the intent of the Legislature that in construing this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 45(a)(1) of the Federal Trade Commission Act (15 United States Code 45(a)(1)), as from time to time amended. [PL 2007, c. 466, Pt. A, §4 (AMD).]

2. Rules and regulations. The Attorney General may make rules and regulations interpreting this section. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act) as from time to time amended. Evidence of a violation of a rule or regulation made by the Attorney General shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter. [PL 1973, c. 322 (AMD).]
5 M.R.S. § 1767 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1767
5 §1767. Energy service companies and 3rd-party financing
Status: in_force

Any department or agency of the State, subject to approval of the Bureau of General Services, may enter into an agreement with a private party such as an energy service or 3rd-party financing company for the design, installation, operation, maintenance and financing of energy conservation improvements at state facilities. [PL 2007, c. 539, Pt. O, §1 (AMD).]

Any department or agency of the State, subject to approval by the Bureau of General Services, at the termination of the agreement with the private party pursuant to this section, may acquire, operate and maintain the improvement, may renew the agreement with the private party or may make an agreement with another private party to operate and maintain the improvement. [PL 2007, c. 539, Pt. O, §1 (AMD).]

All agreements made with private parties as contemplated in this section are subject to review by a subcommittee of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [PL 2007, c. 539, Pt. O, §1 (AMD).]

The provisions of section 1587 do not apply to an agreement with a private party as contemplated in this section, except in the event that the state department or agency chooses to exercise an option to purchase energy conservation improvements, the department or agency before or at the time of the exercise of the option shall submit the proposed purchase of the energy conservation improvements for approval by the Legislature through the usual budget procedure. [PL 2007, c. 539, Pt. O, §1 (AMD).]

The Bureau of General Services on behalf of any department or agency of the State is authorized to enter into agreements with private parties to study, plan, design, install, operate, maintain, finance and secure other services as may be necessary for the delivery of energy conservation projects at state facilities and projects to generate or cogenerate energy at state facilities for use on site and elsewhere. Nothing in this section may be construed to compel the Bureau of General Services to enter into such agreements. An agreement made subject to this section must be submitted to the Legislature for approval through the usual budget procedure if the agreement would require a new expenditure beyond existing appropriations or allocations. [PL 2007, c. 539, Pt. O, §1 (NEW).]
5 M.R.S. § 19-B — ME Code / Title 5 / Part 1 / Chapter 1 / Section 19-B
5 §19-B. State employee participation in disaster relief
Status: in_force

In order to participate in specialized disaster relief services for the American Red Cross, a state employee who is a certified disaster service volunteer of the American Red Cross, upon the request of the American Red Cross and with the approval of the employee's appointing authority, may: [PL 1997, c. 600, §1 (NEW).]

1. Paid leave. Be granted a leave not to exceed 15 days in each year without loss of pay, vacation time, sick leave or earned overtime accumulation; [PL 1997, c. 600, §1 (NEW).]

2. Use of compensated time off. Be granted a leave using that employee's compensated time off, with the consent of the employee; or [PL 1997, c. 600, §1 (NEW).]

3. Combination. Be granted a leave using a combination of paid leave and compensated time off authorized in subsections 1 and 2 . [PL 1997, c. 600, §1 (NEW).]

This section applies only to relief services related to a disaster declared by the governor of a state or territory or by the President of the United States. [PL 1997, c. 600, §1 (NEW).]
5 M.R.S. § 125 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 125
5 §125. Personal use or receipt of money from treasury or credit prohibited
Status: in_force

The Treasurer of State may not in any way receive for the Treasurer of State's own use any interest, premium, gratuity or benefit by reason of any money belonging to the State, or of any loan obtained for the State or for keeping on hand or circulating the bills of any bank; but whatever is so received must be accounted for to the State. The Treasurer of State may not loan or use in the Treasurer of State's own business, or for the Treasurer of State's own benefit, any such money, or permit any other person to do so, unless authorized by law, on pain of forfeiting a sum equal to the amount so used or loaned, to be recovered by indictment. [RR 2023, c. 2, Pt. B, §16 (COR).]
5 M.R.S. § 2045 — ME Code / Title 5 / Part 4 / Chapter 168 / Section 2045
5 §2045. Authorization
Status: in_force

The Wholesale Prescription Drug Importation Program, referred to in this chapter as "the program," is established to provide for the wholesale importation of prescription drugs from Canada by or on behalf of the State. The program must be designed in accordance with the requirements of this chapter. The program may not be implemented unless the State obtains approval and certification, pursuant to section 2046, subsection 3 , from the United States Department of Health and Human Services. [PL 2021, c. 293, Pt. A, §6 (NEW).]
5 M.R.S. § 4652 — ME Code / Title 5 / Part 12 / Chapter 337-A / Section 4652
5 §4652. Filing of complaint; jurisdiction
Status: in_force

Proceedings under this chapter must be filed, heard and determined in the District Court of the division in which either the plaintiff or the defendant resides. If the plaintiff has left the plaintiff's residence to avoid harassment, the plaintiff may bring an action in the division of the plaintiff's previous residence or new residence. [PL 1991, c. 760, §2 (AMD).]

The District Court has jurisdiction over protection from harassment complaints. If a District Court judge is not available in the division in which a complaint requesting a temporary order is to be filed, the complaint may be presented to any other District Court judge or to any Superior Court justice who has the same authority as a District Court judge to grant or deny the temporary order. [PL 2003, c. 658, §1 (AMD).]

A juvenile may be a party to an action under this chapter only when the juvenile has a representative through whom the action is brought or defended pursuant to the Maine Rules of Civil Procedure, Rule 17(b). The Department of Health and Human Services may act as a representative of the juvenile. If any notice or service is required by this chapter, the notice or service must be provided to both the juvenile and the juvenile's representative. [PL 1995, c. 650, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
5 M.R.S. § 1831 — ME Code / Title 5 / Part 4 / Chapter 156 / Section 1831
5 §1831. Rules
Status: in_force

1. Adoption of rules. A department or agency of State Government, subject to chapters 141 to 152 , purchasing services or awarding grants or contracts that are not subject to the authority of the Department of Administrative and Financial Services, as defined in chapters 153 and 155 , shall establish a procedure by which these services are purchased or by which grants or contracts are awarded. This procedure must be adopted in accordance with the Maine Administrative Procedure Act and must be approved by the Chief Procurement Officer prior to the procedure's adoption. The Chief Procurement Officer shall ensure that the rules adopted under this section meet the standards of public notice, administrative review and rights to appeal as set forth in chapter 155, subchapter 1‑A . A department or agency of State Government that does not adopt rules under this section is subject to rules adopted by the Chief Procurement Officer under chapter 155, subchapter 1‑A . A. [PL 1989, c. 785, §3 (RP).] B. [PL 1989, c. 785, §3 (RP).] C. [PL 1989, c. 785, §3 (RP).] D. [PL 1989, c. 785, §3 (RP).] E. [PL 1989, c. 785, §3 (RP).] F. [PL 1989, c. 785, §3 (RP).] [PL 2023, c. 516, Pt. B, §40 (AMD).]

2. Limitation. This section does not apply to purchase of supplies, services, materials and equipment or to public improvements, as described under chapters 153 and 155 . This section does not apply to construction, improvement or repair of any and all ways, roads or bridges with appurtenances or other public improvements which by law are under the supervision of the Department of Transportation in accordance with section 1741 . [PL 1989, c. 165, §2 (AMD).]

3. Application. The procedure adopted by a department or agency under this section may be used by the department or agency for any qualifying purchase or award of a contract or grant. This section may not be construed to require the adoption of new procedures for every new purchase, contract or award. This section may not be construed to require the Chief Procurement Officer or the Department of Administrative and Financial Services to approve any contract, grant or award that is not presently approved by the Chief Procurement Officer or the Department of Administrative and Financial Services under chapters 153 and 155 . [PL 2023, c. 516, Pt. B, §41 (AMD).]
5 M.R.S. § 13201 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13201
5 §13201. Maine Space Corporation established
Status: in_force

The Maine Space Corporation is established as a body corporate and politic to carry out the purposes of this chapter. Notwithstanding any provision of Title 13‑B, section 102, subsection 4, paragraph C to the contrary, the corporation is a nonprofit corporation with public and charitable purposes. The duties, activities and operations of the corporation must align with the requirements of the United States Internal Revenue Code of 1986, Section 501(c)(3). The corporation is a quasi-independent state entity as defined in section 12021, subsection 5 . When exercising the powers conferred to it by this chapter, the corporation is deemed to act as an instrumentality of the State conducting an essential governmental function. The corporation shall leverage the State's geographic, rocketry, manufacturing and higher education assets and capabilities to establish the State as a national and international industry destination and an authority in launching small launch vehicles and small satellites into polar orbit by: [PL 2025, c. 258, §1 (AMD).]

1. Properties. Acquiring and managing properties within the geographic boundaries of the State to develop and operate the Maine Space Complex and its ancillary facilities; [PL 2021, c. 631, §1 (NEW).]

2. Permits. Facilitating the acquisition of permits for launch sites from the Federal Government in order to host launch providers; [PL 2021, c. 631, §1 (NEW).]

3. Workforce. Facilitating the creation of a highly skilled workforce and attracting and retaining young workers in a new space economy. The corporation shall work closely with the University of Maine System, the Maine Community College System, career and technical education centers and regions and satellite programs, elementary and secondary schools and other organizations in the State to ensure education, training and recruitment programs are in place for the primary purpose of ensuring the availability of a highly skilled workforce to support the State's new space economy; [PL 2021, c. 631, §1 (NEW).]

4. Facilities. Providing facilities for research and development; small rocket and small satellite manufacturing, integration, testing and evaluation; and education and tourism; [PL 2021, c. 631, §1 (NEW).]

5. Education. Enhancing science, technology, engineering and mathematics education and engagement in kindergarten to grade 12 and higher education curricula through partnerships with private industry to explore use cases for satellite data; [PL 2021, c. 631, §1 (NEW).]

6. Business intelligence. Providing satellite-derived business intelligence for local industries to improve decision making; [PL 2021, c. 631, §1 (NEW).]

7. Businesses and jobs. Facilitating new high-tech and data-driven businesses and jobs creation; [PL 2021, c. 631, §1 (NEW).]

8. Engagement. Serving as a place to engage and inspire the public through programming; [PL 2021, c. 631, §1 (NEW).]

9. Out-of-state. Attracting out-of-state businesses, business visitors and tourists to the State; and [PL 2021, c. 631, §1 (NEW).]

10. Revenue. Creating new revenue and expanding the tax base of the primary impact communities as an international asset. [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 1506 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1506
5 §1506. Return of working capital advances
Status: in_force

Whenever a working capital advance, or any part thereof, is no longer required for the purpose for which it was made, such amount must be returned to the state fund from which the advance was made. Such return may be made only on the recommendation of the department or agency head having jurisdiction over the advance and with the approval of the Commissioner of Administrative and Financial Services and the Governor. [PL 1991, c. 780, Pt. Y, §40 (AMD).]
5 M.R.S. § 1812-F — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812-F
5 §1812-F. Water conservation devices; purchase and installation
Status: in_force

The purchase and installation of faucets, shower heads, toilets and urinals is subject to section 1762‑A . [PL 1991, c. 246, §3 (NEW).]
5 M.R.S. § 11052 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11052
5 §11052. Definitions
Status: in_force

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 681, Pt. A, §1 (NEW).]

1. Agency. "Agency" means the following: A. The Department of Agriculture, Conservation and Forestry; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. The Department of Corrections; [PL 2021, c. 681, Pt. A, §1 (NEW).] C. The Department of Economic and Community Development; [PL 2021, c. 681, Pt. A, §1 (NEW).] D. The Department of Education; [PL 2021, c. 681, Pt. A, §1 (NEW).] E. The Department of Environmental Protection; [PL 2021, c. 681, Pt. A, §1 (NEW).] F. The Department of Health and Human Services; [PL 2021, c. 681, Pt. A, §1 (NEW).] G. The Department of Inland Fisheries and Wildlife; [PL 2021, c. 681, Pt. A, §1 (NEW).] H. The Department of Labor; [PL 2021, c. 681, Pt. A, §1 (NEW).] I. The Department of Public Safety; [PL 2021, c. 681, Pt. A, §1 (NEW).] J. The Department of Administrative and Financial Services; [PL 2021, c. 681, Pt. A, §1 (NEW).] K. The Department of Professional and Financial Regulation; [PL 2021, c. 681, Pt. A, §1 (NEW).] L. The Department of Defense, Veterans and Emergency Management; [PL 2021, c. 681, Pt. A, §1 (NEW).] M. The Department of Marine Resources; [PL 2021, c. 681, Pt. A, §1 (NEW).] N. The Department of Transportation; [PL 2021, c. 681, Pt. A, §1 (NEW).] O. The Office of the Public Advocate; and [PL 2021, c. 681, Pt. A, §1 (NEW).] P. The Public Utilities Commission. [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]

2. Indian tribe. "Indian tribe" means a federally recognized Indian tribe within the State of Maine. [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 20006-A — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20006-A
5 §20006-A. Commissioner duties
Status: in_force

The commissioner or the commissioner's designee shall: [PL 2011, c. 657, Pt. AA, §23 (AMD).]

1. Alternatives. Propose alternatives to current substance use disorder prevention, treatment and recovery programs and services; [PL 2019, c. 524, §13 (AMD).]

2. Investigate. Conduct investigations and studies of any substance use disorder prevention, treatment and recovery program or community service provider operating under the control of the department or providing treatment under this chapter through a contract with the department under section 20008 that are licensed pursuant to section 20024 or any facility funded in whole or in part by municipal, state or local funds, as necessary; and [PL 2019, c. 524, §14 (AMD).]

3. Other duties and powers. Carry out other duties and exercise other powers granted to the commissioner under this Act and under Title 22‑A, section 207, subsection 3 . [PL 2011, c. 657, Pt. AA, §23 (AMD).]
5 M.R.S. § 12004-J — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-J
5 §12004-J. Independent advisory boards
Status: in_force

Independent advisory boards are boards which are established by law as independent organizations, which have a separate line item in the budget document, and to which money is allocated or appropriated by the Legislature. [PL 1987, c. 786, §5 (NEW).]

The primary responsibilities of those boards are to evaluate the performance of departments or agencies of State Government, recommend policies and procedures to the Governor and Legislature for adoption, serve in an advocacy capacity for a specific group or sector of the population or hold hearings for the evaluation of policies and issues. [PL 1987, c. 786, §5 (NEW).]

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

FIELD NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Employment: Disabled [PL 1997, c. 410, §1 (RP).]

1-A. Agriculture Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board Expenses Only 7 MRSA §320‑C [PL 2021, c. 483, Pt. KK, §1 (NEW).]

2. Environment [PL 1993, c. 664, §3 (RP).]

2-A. Environment [PL 2007, c. 395, §22 (RP).]

3. Human Development [PL 1991, c. 9, Pt. I, §5 (RP).]

4. Human Services [PL 1991, c. 622, Pt. S, §18 (RP).]

5. Marine Resources [PL 1993, c. 361, Pt. D, §2 (RP).]

6. Women [PL 1991, c. 622, Pt. S, §18 (RP).]

7. Mental Health [PL 1991, c. 622, Pt. S, §19 (RP).]

8. Veterans' Services [PL 1993, c. 273, §1 (RP).]

9. Families, Health and Rehabilitation [PL 1991, c. 139, §1 (RP).]

10. Criminal Justice [PL 2009, c. 213, Pt. Q, §2 (RP); PL 2009, c. 369, Pt. A, §10 (RP).]

11. Criminal Justice Victims' Compensation Board Legislative Per Diem and Expenses 5 MRSA §3360‑A [PL 1991, c. 806, §2 (NEW).]

12. Fire Protection Services Maine Fire Protection Services Commission Legislative Per Diem and Expenses 5 MRSA §3371 [PL 1999, c. 731, Pt. AAAA, §2 (NEW).]

13. Criminal Justice Sexual Assault Forensic Examiner Advisory Board Expenses Only 5 MRSA §3360‑N [PL 2001, c. 439, Pt. Z, §2 (NEW).]

14. Freedom of Access Right To Know Advisory Committee Legislative Per Diem and Expenses for Legislators and Expenses Only for Certain Members 1 MRSA §411 [PL 2005, c. 631, §7 (NEW).]

15. Mental Health and Intellectual Disability Maine Developmental Services Oversight and Advisory Board Per diem for noncompensated members, as specified by board rule or policy, and expenses for all members of the board 34‑B MRSA §1223 [PL 2011, c. 542, Pt. A, §5 (AMD).]

16. Children. [PL 2019, c. 450, §2 (RP).]

17. Labor: Rehabilitation Services Commission for the Deaf, Hard of Hearing and Late Deafened Expenses Only 26 MRSA §1413‑C [PL 2009, c. 652, Pt. A, §4 (AMD).]

18. Children Maine Children's Cabinet Early Childhood Advisory Council Legislative Per Diem and Expenses for Legislators 5 MRSA §24051 [PL 2019, c. 450, §3 (NEW).]

19. Racial, Indigenous and Tribal Populations Permanent Commission on the Status of Racial, Indigenous and Tribal Populations Legislative Per Diem and Expenses 5 MRSA §25001 [PL 2021, c. 436, §2 (NEW).] Revisor's Note: (Subsection 19 as enacted by PL 2021, c. 398, Pt. MMMM, §1 is REALLOCATED TO TITLE 5, SECTION 12004-J, SUBSECTION 20)

20. (REALLOCATED FROM T. 5, §12004-J, sub-§19) Aging and Disability Aging and Disability Mortality Review Panel Not Authorized 22 MRSA §264 [PL 2021, c. 398, Pt. MMMM, §1 (NEW); RR 2021, c. 1, Pt. A, §6 (RAL).]

21. Cemeteries Maine State Cemetery Preservation Commission Not Authorized 13 MRSA §1374 [PL 2023, c. 677, §2 (NEW).]
5 M.R.S. § 18354 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18354
5 §18354. Out-of-state service
Status: in_force

1. Generally. For members who began membership before January 1, 1976, additional service credit shall be allowed for out-of-state service, subject to the following conditions. A. The member must have creditable service in the State of at least 20 years in the aggregate; [PL 1985, c. 801, §§ 5, 7 (NEW).] B. The member, before any retirement benefit becomes effective, must make contributions into the Members' Contribution Fund for the years of out-of-state service on the same basis as the member would have made contributions had the service been in the State, including interest at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. Interest must be computed from the end of the year when those contributions would have been made, if the service had been in the State, to the date of payment. The payment must be made to the Participating Local District Retirement Program by a single direct payment or by annual direct payments made in accordance with section 18301, subsection 4 ; [PL 2007, c. 491, §225 (AMD).] C. The member's last 10 years of creditable service before the date of retirement must be in the State and no more than 10 years of service credit may be allowed for out-of-state service; and [PL 1989, c. 95, §12 (AMD).] D. Upon complete payment of the back contributions under paragraph B, the member shall be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under paragraph B , the member shall be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 1989, c. 95, §13 (NEW).] [PL 2007, c. 491, §225 (AMD).]

2. Alternative. If service credit for out-of-state service is not allowed under subsection 1 , additional service credit for out-of-state service must be allowed for any member in the determination of retirement benefit under this Part if the member, before any retirement benefit becomes effective for that member, pays into the Members' Contribution Fund, by a single direct payment or annual direct payments to the Participating Local District Retirement Program, an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. Annual payments must be made in accordance with section 18301, subsection 4 . A. Additional amounts paid under this subsection must become a part of the member's accumulated contributions. [PL 2007, c. 491, §226 (AMD).] B. If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 1989, c. 710, §20 (AMD).] [PL 2007, c. 491, §226 (AMD).]

3. Service credit not to be used in another state. Notwithstanding anything to the contrary, any application for a retirement benefit that becomes effective after May 11, 1966, and for which out-of-state service credit is to be granted must be accompanied by a certified statement from the appropriate retirement system that the out-of-state service credit granted has not been or will not be used to obtain benefits in another state. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17708 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17708
5 §17708. State police
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, the term "state police officer" means: A. A member of the State Police; [PL 1985, c. 801, §§5, 7 (NEW).] B. The Chief of the State Police; [PL 2001, c. 118, §2 (AMD).] C. A member of the State Police or Chief of the State Police who is appointed Commissioner of Public Safety; or [PL 2001, c. 118, §2 (AMD).] D. A special agent investigator in the Bureau of State Police who is hired before June 21, 1982. [PL 2001, c. 118, §3 (NEW).] [PL 2001, c. 118, §§2, 3 (AMD).]

2. Before September 16, 1984. A state police officer who was first employed by that department after July 9, 1943, but before September 16, 1984, shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as follows: A. At a rate of 7.5% of earnable compensation until the state police officer has completed 20 years of creditable service, as required under section 17851, subsection 4, paragraph A ; and [PL 1987, c. 739, §§20, 48 (AMD).] B. After completing the service described in paragraph A , at a rate of 6.5% of earnable compensation for the remainder of employment as a state police officer. [PL 1987, c. 739, §§20, 48 (AMD).] [PL 2007, c. 491, §116 (AMD).]

3. After September 15, 1984. A state police officer who was first employed by that department after September 15, 1984 shall contribute to the State Employee and Teacher Retirement Program as follows: A. At a rate of 7.5% of earnable compensation until the state police officer has completed 25 years of creditable service, as required under section 17851, subsection 4, paragraph B ; and [PL 1997, c. 740, §2 (AMD); PL 1997, c. 740, §6 (AFF).] B. After completing the service described in paragraph A , at a rate of 6.5% of earnable compensation for the remainder of employment as a state police officer. [PL 1997, c. 740, §2 (AMD); PL 1997, c. 740, §6 (AFF).] [PL 2007, c. 491, §117 (AMD).]
5 M.R.S. § 1985 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1985
5 §1985. Response to requests for public records
Status: in_force

Each agency that collects and uses data or information is responsible for responding to requests for public data or information hosted on state-owned computer devices. The office shall assist the agency in searching for and identifying all data and information stored within the office and in retrieving and compiling the data and information. [PL 2009, c. 165, §1 (NEW).]
5 M.R.S. § 6202 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6202
5 §6202. Land for Maine's Future Board
Status: in_force

The Land for Maine's Future Board, as established in chapter 379 , shall be an Executive Department Board and shall be referred to in this chapter as the "board." [PL 1987, c. 506, §§ 1, 4 (NEW).]
5 M.R.S. § 9051 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9051
5 §9051. Scope
Status: in_force

1. Adjudicatory proceeding. In any adjudicatory proceedings, except those proceedings involving correctional facilities, the Workers' Compensation Board, the Maine Motor Vehicle Franchise Board or the State Parole Board, the procedures of this subchapter apply. [PL 2005, c. 61, §1 (AMD).]

2. Hearing. Unless a hearing is required by statute, the requirements of this subchapter, except the notice provisions of section 9052, subsection 1 , shall not apply until a request for a hearing is made under section 9052, subsection 1, paragraph A , or a hearing is set by the agency. [PL 1977, c. 551, §3 (NEW).]

3. Filing and service. The filing of any submission in any adjudicatory proceeding or the service of any paper on a party to an adjudicatory proceeding is complete: A. Upon an agency when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or [PL 1989, c. 297, §2 (NEW).] B. Upon a party upon mailing of the paper to the party or the party's attorney, upon in-hand delivery to the recipient or by delivery to the recipient's office. [PL 1989, c. 297, §2 (NEW).] [PL 1989, c. 297, §2 (NEW).]
5 M.R.S. § 11051 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11051
5 §11051. Short title
Status: in_force

This chapter may be known and cited as "the Tribal-State Collaboration Act." [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 17109 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17109
5 §17109. Other counsel and assistance
Status: in_force

1. Contract. The board may employ or contract for the services of persons or associations, other than those contracted with under section 17108 , for investment counsel or advice and for other professional or other assistance, as may be necessary or appropriate to aid in carrying out the board's functions. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Expenses. The expenses incurred in employing or contracting with persons or associations under subsection 1 shall be charged to earnings received from investments of the retirement system. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 120-D — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 120-D
5 §120-D. Effective date
Status: in_force

This chapter takes effect July 1, 2008. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 18410 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18410
5 §18410. Incorrect records
Status: in_force

If any error in any record of the retirement system results in a member or beneficiary receiving more or less from the system than the member or beneficiary would have been entitled to receive had the record been correct, payments must, as far as practicable, be adjusted so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid. [RR 2023, c. 2, Pt. B, §143 (COR).]
5 M.R.S. § 322 — ME Code / Title 5 / Part 1 / Chapter 15-A / Section 322
5 §322. Blaine House Commission
Status: in_force

The Blaine House Commission, as established in section 12004‑I, subsection 75‑B and referred to in this chapter as the "commission," consists of 9 voting members who are appointed and serve as described in this section. [PL 1993, c. 590, §1 (NEW).]

1. Members; appointment. The commission consists of the following members: A. The Director of the Maine Historic Preservation Commission; [PL 1993, c. 590, §1 (NEW).] B. The Director of the Maine State Museum; [PL 1993, c. 590, §1 (NEW).] C. The Director of the Bureau of General Services; [PL 1993, c. 590, §1 (NEW).] D. The Commissioner of Administrative and Financial Services; and [PL 1993, c. 590, §1 (NEW).] E. Five public members appointed by the Governor. The public members must have expertise in one or more of the following areas: historic preservation, interior decoration, historic architecture or landscape architecture. [PL 1993, c. 590, §1 (NEW).] [PL 1993, c. 590, §1 (NEW).]

2. Terms. Each public member serves a term concurrent with the term of the Governor. [PL 1993, c. 590, §1 (NEW).]

3. Chair. The commission shall elect a chair from among its public members. [PL 1993, c. 590, §1 (NEW).]

4. Reimbursement. Members serve on the commission without compensation. [PL 1993, c. 590, §1 (NEW).]

5. Meetings; decisions; quorum. The commission shall meet at least quarterly on the call of the chair. Decisions must be made by a majority of those present and voting. A quorum is a majority of the members of the commission. [PL 1993, c. 590, §1 (NEW).]

6. Rules. The commission, in accordance with the Maine Administrative Procedure Act, shall adopt all rules necessary or desirable for it to carry out the functions assigned it by this chapter. [PL 1993, c. 590, §1 (NEW).]
5 M.R.S. § 122 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 122
5 §122. Conditions of bond; filing
Status: in_force

The condition of the Treasurer of State's bond must be for the faithful discharge of all the duties of the office of the Treasurer of State, and that while in office the Treasurer of State will not engage in trade or commerce, or act as broker, agent or factor for any merchant or trader; and that the Treasurer of State, or the Treasurer of State's executors, administrators or sureties, or their executors or administrators, shall render a just and true account of all agents' and servants' doings and transactions in the office of the Treasurer of State to the Legislature, or to such committee as it appoints, on the first day of each regular session of the Legislature, previous to the choice of a new treasurer, and at any other time when required by the Legislature or the Governor; and that the Treasurer of State will settle and adjust that account and faithfully deliver to the Treasurer of State's successor in office or to such person as the Legislature appoints all moneys, books, property and appurtenances of that office in the possession of the Treasurer of State or any agents to the Treasurer of State and pay over all balances found due on the adjustment. The bond, when approved as the Constitution prescribes, must be lodged in the office of the State Auditor. [RR 2023, c. 2, Pt. B, §13 (COR).]
5 M.R.S. § 3106 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3106
5 §3106. Contracts; agreements
Status: in_force

With the consent of the Governor the office may employ expert and professional consultants, contract for services as the director determines necessary, within the limits of the funds provided and consistent with the powers and duties of the office, and enter into agreements with the Federal Government and other agencies and organizations as will promote the objectives of this chapter. [PL 2019, c. 383, §6 (RPR).]
5 M.R.S. § 13209 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13209
5 §13209. Exemption from execution
Status: in_force

1. Property exempt from execution. The real and personal property, including funds, of the corporation is exempt from levy and sale by virtue of an execution. An execution or other judicial process may not be issued against the corporation's real and personal property, and a judgment against the corporation may not be a charge or lien upon its real and personal property. [PL 2021, c. 631, §1 (NEW).]

2. Construction; limitation of application. This section does not: A. Prohibit the corporation from making payments in lieu of taxes to a municipality; or [PL 2021, c. 631, §1 (NEW).] B. Apply to or limit the right of an obligee to foreclose or otherwise enforce a mortgage of the corporation or to pursue remedies for the enforcement of a pledge or lien given by the corporation on its rents, fees, grants, revenues or other sources pledged by the corporation to the payment of its bonds. [PL 2021, c. 631, §1 (NEW).] [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 1825-L — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-L
5 §1825-L. State purchasing code of conduct
Status: in_force

1. Statement of belief; protection of local interests. The affidavit provided by the Chief Procurement Officer to bidders for contracts to provide goods covered by this subchapter must include a copy of the following statement: "Maine is a state that believes employers should fairly compensate hard work, that the health and safety of working people should be protected and that no form of unlawful discrimination or abuse should be tolerated. Maine citizens are aware that laws and regulations designed to safeguard basic tenets of ethical business practice are disregarded in many workplaces, commonly referred to as "sweatshops." State Government purchase of goods made under abusive conditions on behalf of its citizens offends Maine citizens' sense of justice and decency. Moreover, when the State of Maine contracts with vendors whose suppliers profit by providing substandard wages and working conditions, Maine's businesses are put at a competitive disadvantage. Therefore, the State of Maine believes in doing business with vendors who make a good faith effort to ensure that they and their suppliers at the point of assembly adhere to the principles of the State of Maine's purchasing code of conduct. "In its role as a market participant that procures goods covered by this code, the State of Maine seeks to protect the interests of Maine citizens and businesses by exercising its state sovereignty to spend Maine citizens' tax dollars in a manner consistent with their expressed wishes that the State deal with responsible bidders who seek contracts to supply goods to the State of Maine, and protect legally compliant Maine businesses and workers from unfair competition created by downward pressure on prices and conditions attributable to businesses that violate applicable workplace laws. "Seeking to protect these local interests through the least discriminatory means available, the State of Maine requires that all bidders seeking contracts to supply the State of Maine with goods covered by this code sign an affidavit stating that they and, to the best of their knowledge, their suppliers at the point of assembly comply with workplace laws of the vendor's or supplier's site of assembly and with treaty obligations that are shared by the United States and the country in which the goods are assembled." [PL 2023, c. 516, Pt. B, §32 (AMD).]

2. Employment and business conduct; requirements. With respect to goods covered by this subchapter, a company contracting with the State to supply those goods shall adopt and adhere to employment and business practices in accordance with this subsection. A company shall: A. Comply with all applicable wage, health, labor, environmental and safety laws, legal guarantees of freedom of association, building and fire codes and laws relating to discrimination in hiring, promotion or compensation on the basis of actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status or affiliation with any political, nongovernmental or civic group except when federal law precludes the State from attaching the procurement conditions provided in this subchapter. [PL 2021, c. 553, §10 (AMD).] B. Comply with all human and labor rights treaty obligations that are shared by the United States and the country in which the goods are assembled. These may include obligations with regard to forced labor, indentured labor, slave labor, child labor, involuntary prison labor, physical and sexual abuse and freedom of association. [PL 2001, c. 439, Pt. NNNN, §1 (NEW).] [PL 2021, c. 553, §10 (AMD).]

3. Consequences of noncompliance with purchasing code of conduct. [PL 2005, c. 554, Pt. A, §2 (RP).]
5 M.R.S. § 17050 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17050
5 §17050. Legislative intent
Status: in_force

It is the intent of the Legislature to encourage qualified persons to seek public employment and to continue in public employment during their productive years. It is further the intent of the Legislature to assist these persons in making provision for their retirement years by establishing benefits reasonably related to their highest earnings and years of service and by providing suitable disability and death benefits. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 20066 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20066
5 §20066. Meetings; compensation; quorum
Status: in_force

1. Calling meetings. The commission shall meet at the call of the chair or at the call of at least 1/4 of the members appointed and currently holding office. [PL 1993, c. 410, Pt. LL, §12 (NEW).]

2. Frequency of meetings. The commission shall meet at least 6 times a year and at least once every other month. [PL 2025, c. 140, §10 (AMD).]

3. Minutes. The commission shall keep minutes of all full commission meetings, including a list of people in attendance. The commission shall post copies of the approved minutes to a publicly accessible website. [PL 2025, c. 140, §10 (AMD).]

4. Compensation. Members of the commission are entitled to compensation under chapter 379 . [PL 1993, c. 410, Pt. LL, §12 (NEW).]

5. Quorum; council action. A majority of the commission members constitutes a quorum for the purpose of conducting the business and exercising all the powers of the commission. A vote of a majority of the members present is sufficient for all actions of the commission. [PL 1993, c. 410, Pt. LL, §12 (NEW).]
5 M.R.S. § 325 — ME Code / Title 5 / Part 1 / Chapter 15-A / Section 325
5 §325. Annual report to Governor and Legislature
Status: in_force

The commission shall report to the Governor and the Legislature annually on September 1st its accomplishments and recommendations relating to the work and needs of the commission. The commission shall list all activities and projects initiated and completed during the past year and those projects proposed during the next year that concern the preservation and development of the aesthetic and historical integrity of the Blaine House and its adjacent grounds. [PL 1993, c. 590, §1 (NEW).]
5 M.R.S. § 13083-J — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-J
5 §13083-J. Use of operating revenues
Status: in_force

1. Principal use of revenue. Operating revenue must be used principally to reinvest in the properties held by the authority. [PL 2005, c. 599, §1 (NEW).]

2. Permitted liability limited. All expenses incurred in carrying out this article must be paid solely from funds provided under the authority of this article, and liability or obligation may not be incurred under this article beyond the extent to which money has been provided under the authority of this article. [PL 2005, c. 599, §1 (NEW).]

3. Equal opportunity employers. Contractors and subcontractors on authority construction and reconstruction projects must be equal opportunity employers and, for contracts in excess of $250,000, shall pursue in good faith affirmative action programs as defined in section 782 . The authority may by rule provide for the enforcement of this requirement. [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 13080-T — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-T
5 §13080-T. Program administration
Status: in_force

The assessor shall administer the Loring Job Increment Financing Program. The assessor may adopt rules pursuant to the Maine Administrative Procedure Act for implementation of the program. The assessor may also by rule establish reasonable fees, including fees payable to the assessor for obligations under this article. Any fees collected pursuant to this article must be deposited into a special revenue account administered by the assessor and these fees may be used only to defray the actual costs of administering the Loring Job Increment Financing Program. [PL 1995, c. 644, §2 (NEW).] Revisor's Note: §13080-T. Maine State Film Commission as enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-H
5 M.R.S. § 13301 — ME Code / Title 5 / Part 18-A / Chapter 395 / Section 13301
5 §13301. Social equity program established
Status: in_force

In accordance with the provisions of this chapter, the Department of Economic and Community Development, referred to in this chapter as "the department," shall establish and administer a social equity program, referred to in this chapter as "the program," to increase workforce development programs and provide support to individuals who are members of impacted communities and businesses that are owned by members of impacted communities. For purposes of this chapter, "impacted community" means a racial, ethnic or tribal population that has experienced incarceration at rates disproportionate to the racial, ethnic or tribal population's rate of criminality starting in or about the year 1971 and as a result the racial, ethnic or tribal population has experienced direct or indirect discrimination in access to housing, employment and education. The department may employ consultants, contract for services or enter into agreements with private and public entities, such as other state agencies, as necessary for the establishment and implementation of the program as long as costs associated with the program do not exceed $300,000 per biennium. [PL 2023, c. 683, Pt. A, §2 (NEW).]
5 M.R.S. § 7070-A — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7070-A
5 §7070-A. Personnel records; deadly force or physical force by law enforcement officer
Status: in_force

The name of a law enforcement officer is not confidential under section 7070, subsection 2, paragraph E in cases involving: [PL 1991, c. 729, §2 (NEW).]

1. Deadly force. The use of deadly force by a law enforcement officer; or [PL 1991, c. 729, §2 (NEW).]

2. Physical force. The use of physical force by a law enforcement officer resulting in death or serious bodily injury. [PL 1991, c. 729, §2 (NEW).]

In cases specified in subsections 1 and 2 , regardless of whether disciplinary action is taken, the findings of any investigation into the officer's conduct are no longer confidential when the investigation is completed and a decision on whether to bring criminal charges has been made, except that if criminal charges are brought, the findings of the investigation remain confidential until the conclusion of the criminal case. [PL 1991, c. 729, §2 (NEW).]
5 M.R.S. § 1786 — ME Code / Title 5 / Part 4 / Chapter 154 / Section 1786
5 §1786. Exemption of state from liability
Status: in_force

Whenever a lease is offered to or signed by another organization pursuant to this chapter, the lease conditions shall clearly state that the State or any state employee shall not be liable for any personal injury or death or any property damage sustained as a result of the lease of the available facility in accordance with this chapter. The State shall not be liable for any actions of the lessee or the employees of the lessee. [PL 1985, c. 758, §1 (NEW).]
5 M.R.S. § 3222 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3222
5 §3222. Coastal zone management program
Status: in_force

1. Implement and manage coastal zone management program. The office, under direction of the director, shall manage and coordinate implementation and ongoing development and improvement of a state coastal zone management program in accordance with and in furtherance of the requirements of the federal Coastal Zone Management Act of 1972, 16 United States Code, Sections 1451 to 1466 (2012) and the State's coastal management policies established in Title 38, section 1801 . The office may: A. Implement aspects of the state coastal zone management program and be the lead state agency for purposes of federal consistency review under the federal Coastal Zone Management Act of 1972, 16 United States Code, Section 1456 (2012); [PL 2025, c. 388, Pt. D, §11 (NEW).] B. Receive and administer funds from public or private sources for implementation of the state coastal zone management program; and [PL 2025, c. 388, Pt. D, §11 (NEW).] C. Act as the coordinating agency among the several officers, authorities, boards, commissions, departments and political subdivisions of the State on matters relative to management of coastal resources and related human uses in the coastal area. [PL 2025, c. 388, Pt. D, §11 (NEW).] [PL 2025, c. 388, Pt. D, §11 (NEW).]
5 M.R.S. § 11055 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11055
5 §11055. Tribal-State Summit; reports by agencies and Indian tribes
Status: in_force

1. Annual Tribal-State Summit. The Governor shall meet at least annually with the leaders of Indian tribes in a Tribal-State Summit to address issues of mutual concern, which may include: A. Implementation of the Maine Native American study provisions of Title 20‑A, section 4706 ; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Implementation of the provisions of this Act; and [PL 2021, c. 681, Pt. A, §1 (NEW).] C. Improving communication between the State and the Indian tribes. [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]

2. Biennial agency reports. Beginning January 10, 2023 and biennially by January 10th thereafter, an agency shall file a report with the joint standing committee or committees of the Legislature having jurisdiction over the agency and with the Maine Indian Tribal-State Commission on the activities of the agency pursuant to this Act. The report must include: A. A copy of the current policy adopted under section 11053, subsection 1 and a description of any changes that have been made to that policy since the filing of the previous report. If the agency has not yet adopted a policy under section 11053, subsection 1 , the agency must describe the steps the agency has taken to adopt such a policy; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. The name and contact information of the tribal liaison designated by the agency under section 11053, subsection 3 ; [PL 2021, c. 681, Pt. A, §1 (NEW).] C. A description of training provided pursuant to section 11054 ; [PL 2021, c. 681, Pt. A, §1 (NEW).] D. A statement of programs, rules or services, to the extent known at the time of the report, that the agency intends to adopt, amend or provide in the coming reporting period that substantially and uniquely affect Indian tribes or tribal members; and [PL 2021, c. 681, Pt. A, §1 (NEW).] E. A summary of tribal collaboration activities the agency has engaged in under the provisions of this Act during the prior biennium and any recommendations for improving the effectiveness of this Act, including recommendations regarding other agency actions for which it may be appropriate to require collaboration under this Act. [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]

3. Reports by Indian tribes. Beginning January 10, 2023 and biennially by January 10th thereafter, an Indian tribe may file a report with the joint standing committee of the Legislature having jurisdiction over judiciary matters and the Maine Indian Tribal-State Commission that includes a summary of the collaboration between the Indian tribe and agencies under this Act during the prior biennium and any recommendations for improving the effectiveness of this Act, including recommendations regarding other agency actions for which it may be appropriate to require collaboration under this Act. [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 4553-A — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4553-A
5 §4553-A. Physical or mental disability
Status: in_force

1. Physical or mental disability, defined. "Physical or mental disability" means: A. A physical or mental impairment that: (1) Substantially limits one or more of a person's major life activities; (2) Significantly impairs physical or mental health; or (3) Requires special education, vocational rehabilitation or related services; [PL 2007, c. 385, §3 (NEW).] B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury; [PL 2011, c. 542, Pt. A, §3 (AMD).] C. With respect to an individual, having a record of any of the conditions in paragraph A or B ; or [PL 2007, c. 385, §3 (NEW).] D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B . [PL 2007, c. 385, §3 (NEW).] [PL 2011, c. 542, Pt. A, §3 (AMD).]

2. Additional terms. For purposes of this section: A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and [PL 2007, c. 385, §3 (NEW).] B. "Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population. [PL 2007, c. 385, §3 (NEW).] [PL 2007, c. 385, §3 (NEW).]

3. Exceptions. "Physical or mental disability" does not include: A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking; [PL 2007, c. 385, §3 (NEW).] B. Any condition covered under section 4553, subsection 9‑C ; or [PL 2007, c. 385, §3 (NEW).] C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who: (1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) Is participating in a supervised rehabilitation program and is no longer engaging in such use; (3) Is erroneously regarded as engaging in such use, but is not engaging in such use; or (4) In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment. [PL 2007, c. 385, §3 (NEW).] [PL 2007, c. 385, §3 (NEW).]
5 M.R.S. § 1621 — ME Code / Title 5 / Part 4 / Chapter 147 / Section 1621
5 §1621. Authorization of audit
Status: in_force

Whenever it seems advisable to the Governor, the Governor may cause the books and accounts of the State or any department or agency thereof to be audited and for that purpose may employ auditors other than those employed by the Office of the State Auditor. [PL 1993, c. 410, Pt. C, §2 (AMD); PL 2013, c. 16, §10 (REV).]
5 M.R.S. § 1825-M — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-M
5 §1825-M. Exception
Status: in_force

The Chief Procurement Officer may accept and award a bid to a supplier who has not met the requirements provided in section 1825‑K if, after reasonable investigation by the Chief Procurement Officer, it appears that the required unit or item of supply or brand of that unit or item is procurable by the State from only that supplier. [PL 2023, c. 516, Pt. B, §33 (AMD).]
5 M.R.S. § 13080-D — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-D
5 §13080-D. Property of authority
Status: in_force

The authority shall hold and acquire property as follows. [PL 1993, c. 474, §1 (NEW).]

1. Lease or sale. Properties may be leased or sold to accomplish the readjustment or reuse of the facilities as determined appropriate by the authority. Resources acquired as a result of the lease or sale of these properties become operating revenues or assets of the authority. [PL 1993, c. 474, §1 (NEW).]

2. Entry upon lands. The authority and its authorized agents and employees may enter upon lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations it determines necessary or convenient for the purposes of this article. The entry is not a trespass, but the authority is liable for damages its entry creates. [PL 1993, c. 474, §1 (NEW).]

3. Authority for transfers of interest in land to the authority. Notwithstanding any contrary provisions of law, upon the authority's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the authority real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the authority, including real and personal property or rights in that property already devoted to public use. As used in this subsection, the term "public service corporation" includes a public utility as defined in Title 35‑A, section 102, subsection 13 and a corporation referred to in Title 13‑C . [RR 2001, c. 2, Pt. B, §4 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

4. Enforcement on ways under jurisdiction of the authority. A law enforcement officer may enforce the traffic laws under Title 29‑A on a way under the jurisdiction of the authority. [PL 2013, c. 48, §1 (NEW).]
5 M.R.S. § 95-B — ME Code / Title 5 / Part 1 / Chapter 6 / Section 95-B
5 §95-B. Local government records
Status: in_force

The following provisions apply to local government records. [PL 1995, c. 148, §10 (NEW).]

1. Omissions or errors corrected. When omissions or errors exist in local government records, those records must be corrected under oath by the person who was responsible for those local government records, whether or not that person remains in office. A. If an original town meeting warrant is lost or destroyed, the return may be made or amended on a copy of it. [PL 1995, c. 148, §10 (NEW).] [PL 1995, c. 148, §10 (NEW).]

2. Safe or vault for preservation. Each local government shall provide a fireproof safe or vault for the preservation of all records that must be retained permanently but are not required for business purposes. The official having responsibility for those records shall deposit them in the safe or vault where those records must be kept except when required for use. A. [PL 2019, c. 50, §8 (RP).] B. [PL 2019, c. 50, §8 (RP).] C. [PL 2019, c. 50, §8 (RP).] [PL 2019, c. 50, §8 (AMD).]

2-A. Retention of archival records currently in digital form. [PL 2019, c. 50, §9 (RP).]

3. Attestation. The records of a local government official may be attested by volume. Each document is sufficiently attested when the volume in which it is recorded bears the attestation with the written signature of the official. [PL 1995, c. 148, §10 (NEW).]

4. Delivery to successor in office. Local government officials shall deliver the records of their office to their successors in office upon the expiration of the officials' terms. [PL 1995, c. 148, §10 (NEW).]

5. Records available for public use. Each local government official shall make records available for public use under that official's supervision at reasonable times unless the use of the records is otherwise restricted by law. [PL 1995, c. 148, §10 (NEW).]

6. Protection of records. Local government officials shall carefully protect and preserve the records of their office from deterioration, mutilation, loss or destruction. [PL 1995, c. 148, §10 (NEW).]

7. Disposition of records. Records may not be destroyed or otherwise disposed of by any local government official, except as provided by the records retention schedule established by the State Archivist pursuant to section 95‑C, subsection 2, paragraph A , subparagraph (3). Records that have been determined to possess archival value must be preserved by the municipality. [PL 2019, c. 50, §10 (AMD).]

8. Rules adopted by State Archivist. Each local government official shall comply with the standards, procedures and rules adopted by the State Archivist. [PL 2019, c. 50, §10 (AMD).]
5 M.R.S. § 7030-E — ME Code / Title 5 / Part 17 / Chapter 371-A / Section 7030-E
5 §7030-E. Meetings; compensation
Status: in_force

The commission shall meet at the call of the chair not less than 4 times each year. Mileage and toll reimbursement for commission members are authorized for up to 2 meetings per year. [PL 2025, c. 177, §1 (AMD).]
5 M.R.S. § 13073-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13073-A
5 §13073-A. Regional Economic Development Assistance Fund
Status: in_force

The Director of the Office of Community Development shall administer the Regional Economic Development Assistance Fund, referred to in this section as the "fund." [PL 2003, c. 198, §4 (AMD).]

1. Fund established. The fund is established as a nonlapsing fund within the Office of Community Development. [PL 2003, c. 198, §5 (AMD).]

2. Fund purpose. The purpose of the fund is to provide funding to develop effective local and regional economic development programs. The department shall administer the fund to award start-up grants to nonprofit local or regional community organizations that are providing local or regional economic development programs. [PL 1999, c. 731, Pt. VVV, §2 (NEW).]

3. Application process. The department shall adopt rules establishing an application process for fund grants for the purposes set forth in this section. [PL 1999, c. 731, Pt. VVV, §2 (NEW).]

4. Competitive procedure. Funds must be disbursed in accordance with a competitive, quality-based selection procedure as established and administered by the department. [PL 2021, c. 676, Pt. A, §6 (AMD).]

5. Preference in awards. In awarding grants, the department shall give preference to those projects or programs that will benefit economically distressed communities and regions. In determining preference, the department shall consider such factors as unemployment rates, per capita income, educational attainment, business failures and dependence upon mature or dominant industries. [PL 1999, c. 731, Pt. VVV, §2 (NEW).]

6. Local match requirements. All funds awarded must be matched by local funds on a minimum one-to-one basis. [PL 1999, c. 731, Pt. VVV, §2 (NEW).]

7. Rules. The department shall adopt rules necessary to carry out this section. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II‑A . [PL 1999, c. 731, Pt. VVV, §2 (NEW).]
5 M.R.S. § 200-I — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-I
5 §200-I. Public Access Division; Public Access Ombudsman
Status: in_force

1. Public Access Division; Public Access Ombudsman. There is created within the Department of the Attorney General the Public Access Division to assist in compliance with the State's freedom of access laws, Title 1, chapter 13 . The Attorney General shall appoint the Public Access Ombudsman, referred to in this section as "the ombudsman," to administer the division. [PL 2007, c. 603, §1 (NEW).]

2. Duties. The ombudsman shall: A. Prepare and make available interpretive and educational materials and programs concerning the State's freedom of access laws in cooperation with the Right To Know Advisory Committee established in Title 1, section 411 ; [PL 2007, c. 603, §1 (NEW).] B. Respond to informal inquiries made by the public and public agencies and officials concerning the State's freedom of access laws; [PL 2007, c. 603, §1 (NEW).] C. Respond to and work to resolve complaints made by the public and public agencies and officials concerning the State's freedom of access laws; [PL 2007, c. 603, §1 (NEW).] D. Furnish, upon request, advisory opinions regarding the interpretation of and compliance with the State's freedom of access laws to any person or public agency or official in an expeditious manner. The ombudsman may not issue an advisory opinion concerning a specific matter with respect to which a lawsuit has been filed under Title 1, chapter 13 . Advisory opinions must be publicly available after distribution to the requestor and the parties involved; [PL 2013, c. 229, §1 (AMD).] E. Make recommendations concerning ways to improve public access to public records and proceedings; and [PL 2013, c. 229, §1 (AMD).] F. Coordinate with the state agency public access officers the compilation of data through the development of a uniform log to facilitate record keeping and annual reporting of the number of requests for information, the average response time and the costs of processing requests. [PL 2013, c. 229, §2 (NEW).] [PL 2013, c. 229, §§1, 2 (AMD).]

3. Assistance. The ombudsman may request from any public agency or official such assistance, services and information as will enable the ombudsman to effectively carry out the responsibilities of this section. [PL 2007, c. 603, §1 (NEW).]

4. Confidentiality. The ombudsman may access records that a public agency or official believes are confidential in order to make a recommendation concerning whether the public agency or official may release the records to the public. The ombudsman's recommendation is not binding on the public agency or official. The ombudsman shall maintain the confidentiality of records and information provided to the ombudsman by a public agency or official under this subsection and shall return the records to the public agency or official when the ombudsman's review is complete. [PL 2007, c. 603, §1 (NEW).]

5. Report. The ombudsman shall submit a report not later than January 15th of each year to the Legislature and the Right To Know Advisory Committee established in Title 1, section 411 concerning the activities of the ombudsman for the previous year. The report must include: A. The total number of inquiries and complaints received; [PL 2007, c. 603, §1 (NEW).] B. The number of inquiries and complaints received respectively from the public, the media and public agencies or officials; [PL 2007, c. 603, §1 (NEW).] C. The number of complaints received concerning respectively public records and public meetings; [PL 2007, c. 603, §1 (NEW).] D. The number of complaints received concerning respectively: (1) State agencies; (2) County agencies; (3) Regional agencies; (4) Municipal agencies; (5) School administrative units; and (6) Other public entities; [PL 2007, c. 603, §1 (NEW).] E. The number of inquiries and complaints that were resolved; [PL 2007, c. 603, §1 (NEW).] F. The total number of written advisory opinions issued and pending; and [PL 2007, c. 603, §1 (NEW).] G. Recommendations concerning ways to improve public access to public records and proceedings. [PL 2007, c. 603, §1 (NEW).] [PL 2015, c. 250, Pt. B, §1 (AMD).]

6. Repeal. [PL 2009, c. 240, §7 (RP).]
5 M.R.S. § 4683 — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4683
5 §4683. Attorney's fees and costs
Status: in_force

In any civil action under this chapter, the court, in its discretion, may allow the prevailing party, other than the State, reasonable attorney's fees and costs, and the State shall be liable for attorney's fees and costs in the same manner as a private person. [PL 1989, c. 582 (NEW).]
5 M.R.S. § 7033 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7033
5 §7033. Bureau of Human Resources; established
Status: in_force

1. Goals and objectives. The Bureau of Human Resources is established within the Department of Administrative and Financial Services as the administrative agency for state civil service matters and as a service agency to state agencies and departments. In addition to any other goals and objectives established in this chapter, the Bureau of Human Resources shall strive to: A. Establish within State Government a high concern for state employees as people; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Provide managers with the skills and knowledge needed to manage people effectively with particular emphasis on "people soundness;" [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Establish a civil service system that provides State Government with highly qualified and motivated employees; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Encourage state employees to realize their potential and thereby increase the quality of service; [PL 1985, c. 785, Pt. B, §38 (NEW).] E. Establish itself as a service agency to assist other agencies and departments of State Government to perform their duties in an efficient and quality manner; [PL 1985, c. 785, Pt. B, §38 (NEW).] F. Preserve the integrity of the civil service system; [PL 2007, c. 240, Pt. HH, §4 (AMD).] G. Establish a civil service system with sufficient flexibility to adopt new technologies, procedures and policies in order to respond quickly and effectively to the needs of state agencies and employees; and [PL 2007, c. 240, Pt. HH, §4 (AMD).] H. Promote effective labor relations. [PL 2007, c. 240, Pt. HH, §4 (NEW).] [PL 2007, c. 240, Pt. HH, §4 (AMD).]
5 M.R.S. § 13083-H — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-H
5 §13083-H. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 599, §1 (NEW).]

1. Authority. "Authority" means the Midcoast Regional Redevelopment Authority established in section 13083‑G . [PL 2005, c. 599, §1 (NEW).]

2. Base area. "Base area" means the area within the geographic boundaries of Brunswick Naval Air Station. [PL 2005, c. 599, §1 (NEW).]

3. Bond. "Bond" means a bond or note or other evidence of indebtedness authorized under this article, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. [PL 2005, c. 599, §1 (NEW).]

4. Brunswick Naval Air Station. "Brunswick Naval Air Station" or "base" means those properties and facilities within the geographic boundaries of the United States Department of Defense naval air station at Brunswick existing on the effective date of this section. "Base" also includes other geographically separate property that the authority determines should be part of the base if the municipality in which the property is located has chosen not to accept the property and use it for other purposes. [PL 2005, c. 599, §1 (NEW).]

5. Operating revenues. "Operating revenues" means funds available to the authority from fees, fares, rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. [PL 2005, c. 599, §1 (NEW).]

6. Primary impact community. "Primary impact community" means the municipalities of Bath, Bowdoin, Bowdoinham, Brunswick, Freeport, Harpswell, Lisbon Falls and Topsham and Androscoggin County, Cumberland County and Sagadahoc County. [PL 2005, c. 599, §1 (NEW).]

7. Readjustment or reuse. "Readjustment" or "reuse" means an alternative use of the base facility from its use as a military installation. [PL 2005, c. 599, §1 (NEW).]

8. Real or personal property. "Real or personal property" means those properties and assets transferred by the United States Government or the United States Navy after the closure of Brunswick Naval Air Station. [PL 2005, c. 599, §1 (NEW).]

9. Reconstruct or reconstruction. "Reconstruct" or "reconstruction" means any activities undertaken to maintain the properties of Brunswick Naval Air Station, or any part of those properties, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the real properties or environmental mitigation activities on base properties. [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 13080-Q — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-Q
5 §13080-Q. Payments allowed
Status: in_force

1. Fund to receive income tax revenues from job creation. Subject to the provisions of subsection 2 , the fund must receive annually from the State the amount of the employment tax increment determined in accordance with section 13080‑S . [PL 2015, c. 486, §1 (AMD); PL 2015, c. 486, §5 (AFF).]

2. Limitations. Payments to the fund pursuant to this section are subject to the following limitations. A. Revenues received under this section must be used solely to fund the costs of municipal services, including, but not limited to, water, sewer, fire protection, police protection, sanitation services and the maintenance of grounds and roads. [PL 1995, c. 644, §2 (NEW).] B. To the extent that revenues received by the fund are not expended for current costs of municipal services, the fund must retain the revenues to defray future costs of providing the municipal services. [PL 1995, c. 644, §2 (NEW).] C. State income withholding taxes derived from employment at a business within the base area are not eligible for use in the calculation of a payment to the fund if the business is eligible during the current year to receive a payment under any other program authorized by Title 36, Part 9 that is based on the amount of employer withholding taxes and the business has made or makes an election to receive that payment. State income withholding taxes derived from employment at a business within the base area attributable to any qualified employee whose wages are included in computing the benefit base eligible for reimbursement to a Maine Employment Tax Increment Financing Program qualified business pursuant to Title 36, chapter 917 are not eligible for use in the calculation of a payment to the fund. [PL 2025, c. 271, Pt. C, §1 (AMD).] D. Payments made to the fund may not be made for tax years beginning on or after July 1, 2026. [PL 2013, c. 413, §1 (AMD).] [PL 2025, c. 271, Pt. C, §1 (AMD).] Revisor's Note: §13080-Q. Tourism marketing and development strategy (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-E)
5 M.R.S. § 1730 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1730
5 §1730. Records; audit
Status: in_force

The division shall keep a record of all its proceedings. [PL 1983, c. 349, §11 (AMD).]

The division shall have an audit made of its accounts annually covering the last complete fiscal year by the Office of the State Auditor. [PL 1983, c. 349, §11 (AMD); PL 2013, c. 16, §10 (REV).]

The policies for all insurance placed shall be kept on file with the division. [PL 1983, c. 349, §11 (AMD).]
5 M.R.S. § 8005 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8005
5 §8005. Governor's Office of Health Policy and Finance
Status: in_force

Notwithstanding any provision of law to the contrary, the provisions of this subchapter and subchapters 2 and 2‑A apply to rulemaking by the Governor's Office of Health Policy and Finance or its successor agency. [PL 2005, c. 394, §1 (NEW).]
5 M.R.S. § 13105 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13105
5 §13105. Office of Innovation
Status: in_force

1. Office established. The commissioner shall establish the Office of Innovation, referred to in this subchapter as "the office." The office shall encourage and coordinate the State's research and development activities to foster collaboration among the State's higher education and nonprofit research institutions and the business community. The commissioner shall appoint the State Science Advisor, who shall serve as the Director of the Office of Innovation. [PL 2005, c. 425, §6 (AMD).]

2. Office functions. The office shall promote, evaluate and support research and development relevant to the State including: A. Technology transfer activities to increase the competitiveness of businesses and public institutions of higher education in the State; [PL 2003, c. 673, Pt. M, §8 (NEW).] B. Effective and efficient application of technologies in the public and private sectors; [PL 2003, c. 673, Pt. M, §8 (NEW).] C. The development of new commercial products and the fabrication of such products in the State through the Maine Technology Institute under section 15302 and the technology centers under section 15322 ; and [PL 2011, c. 691, Pt. C, §2 (AMD).] D. Research opportunities that create sustained, interinstitutional, multidisciplinary efforts. [PL 2003, c. 673, Pt. M, §8 (NEW).] The office shall coordinate cooperative efforts among government agencies, the private sector and universities and colleges for the purposes outlined in this subchapter. [PL 2011, c. 691, Pt. C, §2 (AMD).]
5 M.R.S. § 6203-B — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-B
5 §6203-B. Maine Working Waterfront Access Protection Fund
Status: in_force

1. Fund established. The Maine Working Waterfront Access Protection Fund, referred to in this section as "the fund," is established and is administered by the board in cooperation with the Commissioner of Marine Resources under the provisions of this chapter and Title 12, section 6042 . The 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 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 fund become part of the assets of the Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 646, Pt. A, §5 (AMD).]

2. Grants. The board may make grants to state agencies and cooperating entities for the purposes identified in subsection 3 . Grants are made according to rules adopted by the board. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 471, Pt. A, §4 (AMD).]

3. Fund proceeds. The proceeds of the fund may be applied and expended to acquire property or interests in property that are designed to protect access to working waterfront property consistent with the provisions of Title 12, section 6042 . The board shall include as a condition of an acquisition or grant made under this section the requirement that the protected property may not be used, altered or developed in a manner that precludes its use by a commercial fisheries business consistent with the provisions of Title 33, chapter 6‑A . Consistent with the provisions of Title 12, section 6042 , working waterfront covenants obtained through expenditures of these funds are held by the Commissioner of Marine Resources. [PL 2011, c. 266, Pt. B, §3 (NEW).]

4. Matching funds. For each grant made under this section, the board shall require the grant recipient to provide matching funds at least equal to the amount of the grant. [PL 2011, c. 266, Pt. B, §3 (NEW).]
5 M.R.S. § 133 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 133
5 §133. Payments to be withheld and applied on accounts
Status: in_force

If any town or county unreasonably neglects or refuses to pay an account for money due from it to or for the use of the State or for the use of any department or agency, the Treasurer of State may withhold from any funds due such town or county under any laws of the State an amount sufficient to pay such account in whole or in part and to apply the amount thus withheld to such payment. Such application shall constitute payment by the State in the amount thus withheld and applied under any laws of the State directing payment to such town or county of the funds so withheld and applied. It is expressly provided that funds due to any town or county from the General Highway Fund shall only be so withheld and applied in payment of accounts due from such town or county to the State for improvement, construction and maintenance of highways and bridges, and for snow guards, snow removal and sanding as provided by statute. The method of collection provided by this section shall be in addition to and not exclusive of all other remedies afforded by law for proper enforcement of payment. [PL 1973, c. 701, §2 (AMD).]
5 M.R.S. § 241-A — ME Code / Title 5 / Part 1 / Chapter 11 / Section 241-A
5 §241-A. Transition period
Status: in_force

In order to provide for an orderly transition following the quadrennial election of the State Auditor, the State Auditor-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election. [PL 1989, c. 857, §15 (AMD).]
5 M.R.S. § 947-B — ME Code / Title 5 / Part 2 / Chapter 71 / Section 947-B
5 §947-B. Department of Administrative and Financial Services
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Administrative and Financial Services. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. [PL 2005, c. 12, Pt. SS, §3 (RP).] B. State Human Resources Officer; [PL 2023, c. 412, Pt. D, §2 (AMD).] C. [PL 2007, c. 240, Pt. HH, §2 (RP).] D. Director, Bureau of Alcoholic Beverages and Lottery Operations; [PL 1991, c. 780, Pt. Y, §37 (NEW).] E. Director, Bureau of General Services; [PL 1991, c. 780, Pt. Y, §37 (NEW).] F. Deputy Commissioners, Department of Administrative and Financial Services; [PL 2013, c. 1, Pt. D, §1 (AMD).] G. State Controller; [PL 1991, c. 780, Pt. Y, §37 (NEW).] H. State Tax Assessor; [PL 1999, c. 731, Pt. F, §2 (AMD).] I. State Budget Officer; [PL 2003, c. 673, Pt. C, §2 (AMD).] J. Chief Information Officer; [PL 2011, c. 655, Pt. I, §5 (AMD); PL 2011, c. 655, Pt. I, §11 (AFF).] K. Associate Commissioner, Administrative Services; [PL 2013, c. 1, Pt. D, §2 (AMD).] L. Associate Commissioner for Tax Policy within the Bureau of Revenue Services; [PL 2021, c. 398, Pt. U, §2 (AMD).] M. Director, Legislative Affairs and Communications; [PL 2021, c. 635, Pt. QQ, §1 (AMD).] N. Director, Office of Cannabis Policy; and [PL 2021, c. 635, Pt. QQ, §2 (AMD); PL 2021, c. 669, §5 (REV).] O. Director of Operations. [PL 2021, c. 635, Pt. QQ, §3 (NEW).] [PL 2023, c. 412, Pt. D, §2 (AMD).]
5 M.R.S. § 13080-O — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-O
5 §13080-O. Loring Job Increment Financing Fund
Status: in_force

1. Short title. This article may be known and cited as the Loring Job Increment Financing Program Act. [PL 1995, c. 644, §2 (NEW).]

2. Establishment of fund. The Loring Job Increment Financing Fund is established in accordance with this article. [PL 1995, c. 644, §2 (NEW).] Revisor's Note: §13080-O. Tourism (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-C)
5 M.R.S. § 294 — ME Code / Title 5 / Part 1 / Chapter 14 / Section 294
5 §294. Duties of the Margaret Chase Smith Center for Public Policy
Status: in_force

The State Government Internship Program is administered by the Margaret Chase Smith Center for Public Policy, referred to in this section as "the center," within the University of Maine System. The center's duties include the following. [PL 1993, c. 78, §2 (AMD).]

1. General supervision. The center shall exercise general supervision over the operation of the program and shall develop and put into effect administrative guidelines for interns and state government personnel, formulate policies and establish and administer operational procedures. [PL 1993, c. 78, §2 (AMD).]

2. Promotion; recruitment. The center shall disseminate widely information and application forms and otherwise publicize the program so as to attract the attention and interest of as many college students as possible and shall receive the completed application blanks of those students interested, as well as answering inquiries for further details and information. [PL 1993, c. 78, §2 (AMD).]

3. Participation of state agencies. The center shall acquaint state department heads and administrators with the program and its advantages, encouraging the greatest possible participation by state departments and agencies. [PL 1993, c. 78, §2 (AMD).]

4. Selection. Applications of interested students received by the center must be processed in accordance with procedures to be established by the center. [PL 1993, c. 78, §2 (AMD).]

5. Placement. The center shall place students with participating agencies of State Government. [PL 1993, c. 78, §2 (AMD).]

6. Orientation. The center shall arrange an orientation for interns and supervising state personnel prior to commencement of student work within a state office, and may conduct special programs during the internship to insure that students obtain a broad understanding of State Government. [PL 1993, c. 78, §2 (AMD).]

7. Coordination. The center shall coordinate the activities of the interns with the various participating state agencies to the maximum advantage of the program. [PL 1993, c. 78, §2 (AMD).]

8. Annual report. The center shall render an annual report by the end of each calendar year on the operation of the State Government Internship Program which is a public document. Copies of the report must be filed with the Legislature. [PL 1993, c. 78, §2 (AMD).]
5 M.R.S. § 155 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 155
5 §155. State liabilities
Status: in_force

By July 31st of each year, the Treasurer of State shall publish on the publicly accessible portion of the treasurer's website the latest information available regarding all liabilities of the State as of June 30th of that same year. For purposes of this section, "liabilities of the State" includes all state debts, loans, bonds, unfunded liabilities and promises to pay, including issued and unissued bonds, pension liabilities, promises to provide health insurance in future years, Maine Governmental Facilities Authority bonds and any other debt or obligation that the State has guaranteed or promised to pay. "Liabilities of the State" does not include state contracts for goods and services or vendor information. [PL 2011, c. 188, §1 (NEW).]
5 M.R.S. § 93 — ME Code / Title 5 / Part 1 / Chapter 6 / Section 93
5 §93. State Archivist
Status: in_force

The Secretary of State shall appoint a State Archivist subject to review by the joint standing committee of the Legislature having jurisdiction over state and local government and to confirmation by the Legislature. The State Archivist shall be chosen without reference to party affiliation and solely on the ground of professional competence to perform the duties of that office. The State Archivist shall hold office for a term of 6 years from the date of the appointment and until a successor has been appointed and qualified. The compensation of the State Archivist shall be fixed by the Governor. [PL 1995, c. 148, §5 (AMD).]

This section shall not affect the term of the person holding office as State Archivist on October 1, 1977. [PL 1977, c. 674, §2 (RPR).]
5 M.R.S. § 13090-H — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-H
5 §13090-H. Maine State Film Commission (REALLOCATED FROM TITLE 5, SECTION 13080-T)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 13080-T)

1. Maine State Film Commission established. The Maine State Film Commission, as established by section 12004‑I, subsection 88 , is within the Office of Tourism and shall advise and assist the office as necessary. The commission shall advise the commissioner and the Director of the Office of Tourism with respect to the operation of the Maine State Film Office program. A. The commission consists of 11 members appointed by the Governor. (1) The members appointed must be involved in a related business field or have experience or familiarity with media marketing or public relations. The Governor shall ensure an equitable regional representation from the State. (2) The Director of the Maine Arts Commission and the commissioner or the commissioner's designee shall serve as ex officio, nonvoting members of the commission. [PL 2007, c. 466, Pt. B, §1 (AMD).] B. The terms of office of commission members are as follows. (1) All members are appointed for 3-year terms. Of those first appointed, 3 are appointed for 3-year terms, 4 are appointed for 2-year terms and 4 are appointed for one-year terms. The Governor shall designate the terms of office of those first appointed at the time of appointment. (2) Members shall serve until their successors are appointed and take office. The Governor may terminate the membership of any appointee for just cause and the reason for the termination must be communicated in writing to each member whose term is so terminated. (3) Vacancies must be filled in the same manner as original appointments, except that any person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the vacancy. [RR 1995, c. 2, §11 (RAL).] C. The chair and vice-chair are appointed by the Governor annually at the first meeting of the commission and serve for one-year terms. (1) The chair shall call meetings of the commission. [RR 1995, c. 2, §11 (RAL).] D. Members are compensated for expenses only in accordance with chapter 379 . [RR 1995, c. 2, §11 (RAL).] E. Financing of promotional and development materials and expenses pursuant to this section must be made with funds within the limit of the budget of the department for the Office of Tourism. [PL 2003, c. 198, §13 (AMD).] [PL 2007, c. 466, Pt. B, §1 (AMD).]

2. Powers and duties. The Maine State Film Commission has the following powers and duties: A. To recommend rules for the implementation of the provisions relating to the promotion of filming activities in the State; [RR 1995, c. 2, §11 (RAL).] B. To advise and assist the Director of the Maine State Film Office and the Director of the Office of Tourism with respect to this section and section 13090‑I ; [PL 2003, c. 198, §14 (AMD).] C. To raise and accept funds from public and private sources to be used to promote filming activities in the State; and [RR 1995, c. 2, §11 (RAL).] D. To promote the State for in-state, on-location filming of movies, advertisements and videos. [RR 1995, c. 2, §11 (RAL).] [PL 2003, c. 198, §14 (AMD).]
5 M.R.S. § 1743-B — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1743-B
5 §1743-B. Design of buildings
Status: in_force

On projects for the design of buildings, the State and all political subdivisions thereof may select, without prejudice and on an equal basis, a prime professional who may be either an engineer or an architect. The professional so retained for a project shall perform only those services for which the professional is competent and shall utilize the services of other qualified professionals as required to provide a proper and complete professional service to the State or subdivision thereof consistent with applicable law. [RR 2023, c. 2, Pt. B, §58 (COR).]
5 M.R.S. § 2052 — ME Code / Title 5 / Part 5 / Chapter 191 / Section 2052
5 §2052. Fees not provided for
Status: in_force

In cases not expressly provided for, the fees of all public officers for any official service shall be at the same rate as are prescribed by law for like services.
5 M.R.S. § 213 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 213
5 §213. Private remedies
Status: in_force

1. Court action. Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section. [PL 1991, c. 536, §1 (AMD).]

1-A. Settlement offer. At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment. If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment. The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim. [PL 1991, c. 536, §2 (NEW); PL 1991, c. 536, §3 (AFF).]

2. Fees and costs. If the court finds, in any action commenced under this section that there has been a violation of section 207 , the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action. [PL 1973, c. 251 (NEW).]

3. Notices to Attorney General. Upon commencement of any action brought under subsection 1 , the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General. [PL 1973, c. 251 (NEW).]

4. Injunction as evidence. Any permanent injunction or order of the court issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207 . [PL 1973, c. 251 (NEW).]
5 M.R.S. § 1557 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1557
5 §1557. Late fees and improper invoices
Status: in_force

With respect to an improper invoice, the late fee shall apply to the period beginning on the day after the required payment date is due as specified on the corrected and proper invoice and ending on the date on which payment of the amount due on the invoice is made. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 81-A — ME Code / Title 5 / Part 1 / Chapter 5 / Section 81-A
5 §81-A. Transition period
Status: in_force

In order to provide for an orderly transition following the biennial election of the Secretary of State, the Secretary of State-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election. [RR 2023, c. 2, Pt. B, §11 (COR).]
5 M.R.S. § 321 — ME Code / Title 5 / Part 1 / Chapter 15-A / Section 321
5 §321. Declaration of policy
Status: in_force

The Legislature, in view of the continuing importance which the State House and the Blaine House have for the people of Maine, declares that it is the policy of the State to preserve and develop the aesthetic and historical integrity of the State House and the Blaine House. [PL 1989, c. 410, §17 (AMD).]
5 M.R.S. § 13083-S — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-S
5 §13083-S. Annual report
Status: in_force

1. Annual financial report. The authority shall submit annually to the Governor, the Executive Director of the Legislative Council and the joint standing committee of the Legislature having jurisdiction over housing and economic development matters, not later than 120 days after the close of the authority's fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include all of the following for the previous year: A. A description of the authority's operations; [PL 2005, c. 599, §1 (NEW).] B. An accounting of the authority's receipts and expenditures, assets and liabilities at the end of its fiscal year; [PL 2005, c. 599, §1 (NEW).] C. A listing of all property transactions pursuant to section 13083‑K ; [PL 2005, c. 599, §1 (NEW).] D. An accounting of all activities of any special utility district formed under section 13083‑L ; [PL 2005, c. 599, §1 (NEW).] E. A listing of any property acquired by eminent domain under section 13083‑I ; [PL 2005, c. 599, §1 (NEW).] F. A listing of any bonds issued during the fiscal year under section 13083‑I ; [PL 2005, c. 599, §1 (NEW).] G. A statement of the authority's proposed and projected activities for the ensuing year; [PL 2009, c. 641, §6 (AMD).] H. Recommendations regarding further actions that may be suitable for achieving the purposes of this article; and [PL 2009, c. 641, §7 (AMD).] I. A description of the authority's progress toward achieving the goals set forth in section 13083‑G . [PL 2009, c. 641, §8 (NEW).] [PL 2009, c. 641, §§6-8 (AMD).]
5 M.R.S. § 12001 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12001
5 §12001. Purpose
Status: in_force

It is the purpose of this chapter to provide the State with a complete inventory and central listing of all boards, commissions, committees, councils, authorities and other similar organizations established by the Legislature as a means of controlling the proliferation of these organizations and as a means of reducing duplication and making the most efficient use of these organizations. It is also the purpose of this chapter to classify these organizations according to similarity of powers, duties and responsibilities in order to provide standards for the compensation and operation of these organizations. [PL 1983, c. 812, §39 (NEW).]
5 M.R.S. § 17156 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17156
5 §17156. Rate of interest (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18)

The board shall, from time to time, by order, set the rate of regular interest at a percent rate compounded periodically determined by the board to be equitable, both to members and to the taxpayers of the State, provided that the interest credited to a member with less than 10 years of creditable service on contributions related to compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must at least equal the yield of a 10-year United States treasury bond on the last business day of the previous calendar year reduced by administrative expenses. [PL 1991, c. 619, §5 (AMD); PL 1991, c. 619, §18 (AFF).](CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18)

The board shall, from time to time, by order, set the rate of regular interest at a percent rate compounded periodically determined by the board to be equitable, both to members and to the taxpayers of the State. [PL 1985, c. 95, §1 (AMD).]
5 M.R.S. § 17801 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17801
5 §17801. Commitment to members and limitations
Status: in_force

1. Commitment as to certain provisions and limitations. The following provisions govern the commitment as to certain provisions and limitations. A. The commitment set out in paragraph B is effective October 1, 1999, for members who, on October 1, 1999 or thereafter, meet the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851 or section 17851‑A, subsection 2 . [PL 1999, c. 489, §3 (NEW).] B. The protections established under the provisions listed in subparagraph (1) constitute solemn contractual commitments of the State protected under the contract clauses of the Constitution of Maine, Article I, Section 11 and the United States Constitution, Article I, Section 10, under the terms and conditions set out in subparagraph (2). (1) The commitment provided by this section applies to the protections established under the specific following provisions: (a) Section 17001, subsection 4 ; and subsection 13, paragraph B , subparagraph (1) and paragraph C , subparagraph (2); (b) Section 17806, subsections 1 to 4 ; (c) The subsection of section 17851 that is applicable to each member; (d) The paragraph of subsection 2 of section 17851‑A that is applicable to each member; (e) The paragraph of subsection 4 of section 17851‑A that is applicable to each member; and (f) The subsection of section 17852 that is applicable to each member. (2) The commitment established in this paragraph attaches to a given provision of those specified in subparagraph (1) when the member in question has met the creditable service requirement set out in the given provision, on the basis of which the protection established by the provision becomes effective. [RR 2021, c. 2, Pt. A, §10 (COR).] [RR 2021, c. 2, Pt. A, §10 (COR).]

2. Provisions not covered by subsection 1. Subsection 1 does not apply to any provision of this Part not specifically identified in Subsection 1. Any provision not specifically identified in Subsection 1 may be increased, decreased, otherwise changed or eliminated by the Legislature as to any member regardless of whether the member has or has not met any creditable service requirement for eligibility to receive a service retirement benefit. [PL 1999, c. 489, §3 (NEW).]

3. Employee contribution rate. Effective October 1, 1999, for members who, on October 1, 1999 or thereafter, meet the creditable service requirement for eligibility to receive a service retirement benefit under section 17851 or section 17851‑A, subsection 2 , the employee contribution rate required to be paid at the time the service was rendered under the provision of section 17851 or 17851‑A that is applicable to each member may be increased for members who have met the requirements only to: A. Pay the cost, in whole or in part, of an improvement to a benefit that exists at the time the increase becomes effective and that is then or may in the future be applicable to members to whom the increase applies or provide a new benefit that is then or may in the future be applicable to members to whom the increase applies, and only to the extent of the cost of the improved or new benefit, provided that nothing in this paragraph may be construed to require that the employee contribution rate must be increased to pay the cost, in whole or part, of the improved or new benefit; or [PL 1999, c. 489, §3 (NEW).] B. Maintain actuarial soundness as required by the Constitution of Maine, Article IX, Section 18‑A and this Part, as determined to be necessary by the board on recommendation of the system's actuary. [PL 1999, c. 489, §3 (NEW).] For members to whom section 17851‑A applies, the phrase "the employee contribution rate required to be paid" includes contribution rates as made applicable under section 17851‑A, subsections 5 and 6 . [PL 1999, c. 489, §3 (NEW).]

4. Limitations on subsections 1 and 3. Subsections 1 and 3 do not apply to any member until the member has met the creditable service requirement for eligibility to receive a service retirement benefit under section 17851 or 17851‑A, subsection 2 . For members to whom subsections 1 and 3 do not apply as provided in this subsection, the Legislature may increase, decrease, otherwise change or eliminate any provisions of this Part. [PL 1999, c. 489, §3 (NEW).]
5 M.R.S. § 18054 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18054
5 §18054. Administration
Status: in_force

1. Expenses. All expenses of a group life insurance program shall be reimbursed from premium rate adjustments, dividends or interest earnings on reserves. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Report. A report of the activities of the group life insurance program shall be published annually. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 6208-A — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6208-A
5 §6208-A. Unorganized territory; county approval
Status: in_force

1. Approval. Approval by the county commissioners is required if land proposed to be acquired under a bond issue within the unorganized territory in a county constitutes more than 1% of the state valuation within the county. [PL 1999, c. 514, Pt. B, §1 (NEW).]

2. Transactions. Any acquisition of land within an unorganized territory by eminent domain funded by the board, when the land exceeds either 50 acres or $100,000 in assessed value, must be approved by the county in which the land is located. That approval may be obtained either from the county commissioners or, if they do not approve, by referendum of the legal voters within the county. [PL 1999, c. 514, Pt. B, §1 (NEW).]
5 M.R.S. § 17712-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17712-B
5 §17712-B. Maine State Prison employees; contributions on and after July 1, 1993
Status: in_force

Notwithstanding sections 17712 and 17712‑A , on and after July 1, 1993 an employee of the Maine State Prison who holds a position described in section 17851, subsection 11 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the contributions required under section 17712 . [PL 2007, c. 491, §131 (AMD).]
5 M.R.S. § 882 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 882
5 §882. Authorization
Status: in_force

The director or the principal officer of each state agency, department, board, commission or institution is authorized to enter into such contractual agreements with employees of that particular state agency, department, board, commission or institution on behalf of the State to defer any portion of that employee's compensation as part of a tax-deferred arrangement under this chapter. [PL 1997, c. 204, §3 (AMD).]
5 M.R.S. § 1710-D — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-D
5 §1710-D. Staffing
Status: in_force

The commission may receive staff support from the Department of Administrative and Financial Services and the Department of Labor. [PL 2021, c. 293, Pt. A, §3 (NEW).]
5 M.R.S. § 152 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 152
5 §152. Ratification of bond issue; signed statement
Status: in_force

In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to accompany any question submitted to the electors for ratification of a bond issue setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors should be ratified. The Treasurer of State shall also set forth in that statement an estimate of costs involved, including explanation of, based on such factors as interest rates that may vary, the interest cost contemplated to be paid on the amount to be issued, the total cost of principal and interest that will be paid at maturity and any other substantive explanatory information relating to the debt of the State as the Treasurer of State considers appropriate. To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is made available to voters as provided in Title 21‑A, sections 605‑A and 651 . [PL 2013, c. 131, §1 (AMD).]
5 M.R.S. § 13083-O — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-O
5 §13083-O. Interest of public officials, trustees or employees
Status: in_force

1. Acquisition of interest. A public official, trustee or employee of the authority may not acquire or hold a direct or an indirect financial or personal interest in: A. An authority activity; [PL 2005, c. 599, §1 (NEW).] B. Property included or planned to be included in the base area; or [PL 2005, c. 599, §1 (NEW).] C. A contract or proposed contract in connection with an authority activity. [PL 2005, c. 599, §1 (NEW).] When an acquisition is involuntary, the interest acquired must be disclosed immediately in writing to the board of trustees of the authority, and the disclosure must be entered in the board's minutes. [PL 2005, c. 599, §1 (NEW).]

2. Present or past interest in property. If a public official, trustee or employee of the authority presently owns or controls, or owned or controlled within the preceding 2 years, a direct or an indirect interest in property known to be included or planned to be included in an authority activity, that public official, trustee or employee must disclose this fact immediately in writing to the authority and the disclosure must be entered in the authority's minutes. [PL 2005, c. 599, §1 (NEW).]

3. Recusal. The public official, trustee or employee of the authority with an interest may not participate in an action by the authority affecting that property. [PL 2005, c. 599, §1 (NEW).]

4. Violation. A violation of this section is a Class E crime. [PL 2005, c. 599, §1 (NEW).]