5 M.R.S. § 18804 — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18804
5 §18804. Local district participation
Status: in_force

All local districts that are participating local districts under chapter 425 on the date the plan is put into operation may contract for participation in the plan in the manner provided in subsection 1 or 2 for other local districts. A participating local district that elects to be transferred into the consolidated plan must contract for participation according to the terms of its transfer, in accordance with rules established by the board. Other local districts may contract for the participation of their employees in the Participating Local District Retirement Program under this chapter in the manner provided by subsection 1 or 2 . [PL 2007, c. 491, §252 (AMD).]

1. Local districts that are not municipalities. For a local district that is not a municipality, as defined in Title 1, section 72, subsection 13 , the executive body of the district must approve participation and must file with the board a duly certified copy of a resolution or order, with a record of the vote of the executive body, which must include: A. Approval of the participation; [PL 1989, c. 811, §3 (NEW).] B. The benefit plans that are to apply; [PL 1989, c. 811, §3 (NEW).] C. Excluded employees, as required by subsection 3 ; and [PL 1989, c. 811, §3 (NEW).] D. The name or title of the person authorized to sign the contract on behalf of the local district. [PL 1989, c. 811, §3 (NEW).] [PL 1989, c. 811, §3 (NEW).]

2. Local districts that are municipalities. For a local district that is a municipality, as defined in Title 1, section 72, subsection 13 , the legislative body of the municipality must approve participation and must file with the board a resolution or order, certified by the clerk of the municipality, with a record of the vote of the legislative body, which must include: A. Approval of the participation; [PL 1989, c. 811, §3 (NEW).] B. The benefit plans that are to apply; [PL 1989, c. 811, §3 (NEW).] C. Excluded employees, as required by subsection 3 ; and [PL 1989, c. 811, §3 (NEW).] D. The name or title of the person authorized to sign the contract on behalf of the local district. [PL 1989, c. 811, §3 (NEW).] [PL 1989, c. 811, §3 (NEW).]

3. Excluded employees. The local district shall designate in its approval any class of employees otherwise provided for by local pension provisions who are excluded from membership in the plan established under this chapter. [PL 1989, c. 811, §3 (NEW).]

4. Date participation begins. The retirement system establishes the schedule for enrolling participating local districts and for the effective date of establishment of a participating local district. The date when the participation of the employees of a participating local district begins is as of the date of first contributions or pick-up contributions to the retirement system. [PL 2007, c. 490, §3 (AMD).]

5. Limitations on claims for participation. If an employee claims that the employee was not offered membership at the commencement of or during the course of employment with the local district, that claim must be commenced within 6 years of the date upon which the employee was first eligible for membership. [PL 2015, c. 384, §3 (NEW).]

6. Participation in other retirement plans. If an employee requests and is allowed retroactive membership, and during the time for which these retroactive retirement benefits are sought the local district offered and the employee participated in another retirement plan, all contributions made to the alternative plan by the employer and all earnings made on employer and employee contributions must be paid to the retirement system, up to the amount that the employer is required by the retirement system to pay to fund retroactive benefits under the plan. In the event the funds available in the employee's alternative retirement plan account are not sufficient to fund the employer's required contributions to the retirement system, the employer shall pay any remaining employer contributions required by the retirement system to fund retroactive benefits under the plan. [PL 2015, c. 384, §3 (NEW).]

7. Withdrawal from participation. The plan provisions adopted by rule pursuant to section 18801 govern the withdrawal of a local district from participation in the plan and must include withdrawal liability payments by the local district of amounts calculated in an actuarially sound manner and appropriate to protect the funding of the plan and treat members, the withdrawing local district and nonwithdrawing local districts in a fair manner. [PL 2017, c. 392, §12 (NEW).]
5 M.R.S. § 15310 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15310
5 §15310. Maine Technology Institute Director (REALLOCATED FROM TITLE 5, SECTION 13070-N)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 13070-N)

1. Appointment. The Governor shall appoint, using a full and competitive search process and after giving proper consideration to the qualifications in subsection 3 , a full-time Maine Technology Institute Director, referred to in this section as the "director," subject to review by the joint standing committee or joint select committee of the Legislature having jurisdiction over research and development matters and to confirmation by the Legislature, who serves at the pleasure of the Governor. The director shall report to the commissioner in the execution of the director's responsibilities. [PL 1999, c. 708, §3 (RAL).]

2. Duties. The director serves as the president of the Maine Technology Institute upon confirmation by the institute's board of directors. The director shall oversee activities of the institute and has the duties and responsibilities provided in chapter 407 . [PL 1999, c. 708, §3 (RAL).]

3. Qualifications. The director must have demonstrated experience in the management of organizations that innovate, commercialize and deploy technology and expertise in integrating technology commercialization and deployment with economic development. [PL 1999, c. 708, §3 (RAL).]
5 M.R.S. § 3102 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3102
5 §3102. Office established; purpose
Status: in_force

The Office of Policy Innovation and the Future is established in the Executive Department to: support the creation of a coherent system of policy planning and coordinated implementation as one function and responsibility of the executive branch; serve the Governor as a research, advisory, consultative, coordinating and administrative agency; and advance policies that support a sustainable future for the State's people, communities, natural resources, physical infrastructure, industries, businesses and institutions by: [PL 2021, c. 293, Pt. A, §9 (NEW).]

1. Assistance; data; policy. Providing technical assistance and data to the Governor by undertaking special studies and plans as directed and preparing policy; [PL 2021, c. 293, Pt. A, §9 (RPR).]

2. Coordination. Facilitating general intergovernmental coordination; [PL 2021, c. 293, Pt. A, §9 (RPR).]

3. Innovation. Supporting state efforts to encourage innovation and policy that facilitates innovation in the public and private sectors; [PL 2021, c. 293, Pt. A, §9 (RPR).]

4. Technology. Supporting improved technology use for government programs and advancing responsible state data policies; [PL 2021, c. 293, Pt. A, §9 (RPR).]

5. Resources. Supporting the development of the State's economy and energy resources with the conservation of its natural resources; and [PL 2021, c. 293, Pt. A, §9 (RPR).]

6. Analysis. Conducting ongoing demographic, economic, workforce and other needed analyses to support state policy makers. [PL 2021, c. 293, Pt. A, §9 (RPR).]
5 M.R.S. § 17153 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17153
5 §17153. Board of trustees
Status: in_force

1. Actuarially sound basis. [PL 1987, c. 193, §1 (RP).]

1-A. Actuarially sound basis. The board shall calculate the funds necessary to maintain all programs of the retirement system on an actuarially sound basis, including the unfunded liability arising from payment of benefits for which contributions were not received and shall transmit those calculations to the State Budget Officer as required by chapter 149 . A. For benefits applicable to state employees, teachers or participating local district employees that are established through collective bargaining, the board shall apply the funding methods and assumptions adopted by the board pursuant to this subsection. [PL 1987, c. 193, §2 (NEW).] B. The Legislature shall appropriate and transfer annually those funds the board determines to be necessary under this subsection to maintain the programs of the retirement system on an actuarially sound basis, except that for fiscal year 1991-92 the annual appropriation must be $73,500,000 less than the amount that would otherwise be applied toward the repayment of the unfunded liability of the State Employee and Teacher Retirement Program. [PL 2007, c. 491, §84 (AMD).] C. This subsection may not be construed to require the State to appropriate and transfer funds to meet the obligations of participating local districts to the retirement system. [PL 1987, c. 193, §2 (NEW).] [PL 2007, c. 491, §84 (AMD).]

2. Trustee of funds. The members of the board shall be the trustees of the several funds created by this Part. [PL 1985, c. 801, §§5, 7 (NEW).]

3. Investment of funds. The board may cause the funds created by this Part to be invested and reinvested in accordance with the standards defined in Title 18‑B, sections 802 to 807 and chapter 9 , subject to periodic approval of the investment program by the board. [PL 2003, c. 618, Pt. B, §2 (AMD); PL 2003, c. 618, Pt. B, §20 (AFF).]

4. Prohibitions. In addition to the limitations of section 18 and except as otherwise provided, no trustee and no employee of the board of trustees may: A. Have any direct interest in the gains or profits of any investment made by the board; [PL 1985, c. 801, §§5, 7 (NEW).] B. Directly or indirectly, for that trustee or employee or as an agent, in any manner, use the gains or profits of any investment made by the board except to make whatever current and necessary payments are authorized by the board; or [RR 2023, c. 2, Pt. B, §97 (COR).] C. Become an endorser, surety or obligor for money loaned to or borrowed from the board. [PL 1985, c. 801, §§5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §97 (COR).]
5 M.R.S. § 8001 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8001
5 §8001. Short title
Status: in_force

This chapter is known and may be cited as the "Maine Administrative Procedure Act." [PL 1999, c. 547, Pt. B, §15 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
5 M.R.S. § 308 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 308
5 §308. Establishment of memorial to Civilian Conservation Corps
Status: in_force

The Capitol Planning Commission shall construct and maintain a memorial dedicated to the Civilian Conservation Corps in honor of those who served and in recognition of their contributions to the State. The memorial must be located and constructed in accordance with a plan approved by the Capitol Planning Commission and the Legislative Council. Subject to available funding, the memorial must be completed by October 1, 2000. In addition, construction of the memorial must be in accordance with the following provisions. [PL 1999, c. 747, §1 (NEW).]

1. Location. The memorial must be located immediately west of the main entrance to the Cultural Building that houses the Maine State Library, the Maine State Museum and the Maine State Archives in the State House complex. [PL 1999, c. 747, §1 (NEW).]

2. Memorial design and inscription. The memorial must be of a design that is the same or similar to the memorial erected by the State of Michigan to honor the Civilian Conservation Corps. It must be a bronze casting approximately 6 feet in height of a Civilian Conservation Corps worker and must be placed on an elevated base constructed in whole or in part of stone or other natural materials. The area adjacent to the memorial must be landscaped with natural plantings following completion of the memorial. The memorial must have a bronze plaque placed upon it on which is inscribed the following or similar language as determined by the Legislative Council: "In Honor Of The Young Men Of The Civilian Conservation Corps Who Changed the Face Of Maine From 1933 To 1942 By Building Parks, Roads, Trails, Forests And Citizenship, Leaving A Lasting Legacy To The Conservation Of Natural Resources For Which All Citizens Of Maine Owe A Debt Of Gratitude." [PL 1999, c. 747, §1 (NEW).]

3. Funding. The Capitol Planning Commission may accept state and local funds, gifts and other contributions to be used solely to carry out the purposes of this section. All contributions or other funds received must be reported in writing to the Legislative Council at least quarterly. The Capitol Planning Commission shall make use of the services provided by the Maine Conservation Corps within the Department of Labor as feasible and appropriate. [PL 1999, c. 747, §1 (NEW).]

4. Maintenance of historical and educational information. The State Archivist shall maintain and make available to the public a listing of persons who served in the Civilian Conservation Corps in Maine, if known, including the periods of service and projects on which they worked. In addition, the Director of the Maine State Museum shall develop and display an educational plaque regarding the memorial and the Civilian Conservation Corps and its accomplishments in this State in the main entrance to the Cultural Building. Funds received by the Capitol Planning Commission pursuant to subsection 3 may be used to pay the costs of developing the plaque. [PL 1999, c. 747, §1 (NEW).]
5 M.R.S. § 17902 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17902
5 §17902. Application
Status: in_force

1. Written application. In order to receive a benefit under this article, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. The executive director shall obtain medical consultation on each applicant for disability retirement benefits in accordance with related rules established by the board. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2‑A . Medical consultation obtained by the chief executive officer must be objective and be provided by a medical provider or medical providers qualified to review the case by specialty or experience and to whom the applicant is not known. [PL 2021, c. 277, §19 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] [PL 2021, c. 277, §19 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Approval. The written application must be approved by the chief executive officer. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1523 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1523
5 §1523. Maine Military Reserve Fund
Status: in_force

The Maine Military Reserve Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the Department of Administrative and Financial Services. The fund receives funds allocated or transferred by the Legislature from the unappropriated surplus of the General Fund. The State Controller shall disburse funds in accordance with the provisions established for the operation of the Maine Military Authority in Title 37‑B, section 393 . At the close of any fiscal year, funds remaining in the fund that the State Controller has determined are not needed to support the operation of the Maine Military Authority may be transferred to the Maine Budget Stabilization Fund established under section 1532 . The State Controller shall provide quarterly financial reports regarding the fund to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over the Maine Military Authority. [PL 2017, c. 2, Pt. O, §1 (NEW).]
5 M.R.S. § 13119-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13119-A
5 §13119-A. Records confidential
Status: in_force

The following records are confidential for purposes of Title 1, section 402, subsection 3, paragraph A and are not open for public inspection: [PL 1991, c. 368 (NEW).]

1. Proprietary information. Information that is provided to or developed by the department or a municipality that has to do with a program of assistance and is included in a business or marketing plan or a grant application or provided or developed to fulfill reporting requirements, as long as: A. The person to whom the information belongs or pertains requests that it be designated as confidential; and [PL 1991, c. 368 (NEW).] B. The department or municipality determines that the information gives the person making the request opportunity to obtain business or competitive advantage over another person who does not have access to that information or will result in loss of business or other significant detriment to the person making the request if access is provided to others; [PL 1991, c. 368 (NEW).] [PL 1991, c. 368 (NEW).]

2. Tax or financial information. Any financial statement, supporting data or tax return of any person; [PL 1991, c. 368 (NEW).]

3. Monitoring. Any financial statement, supporting data or tax return obtained or developed by the department or the municipality in connection with any monitoring or servicing activity by the department or the municipality pertaining to any program of assistance provided or to be provided; [PL 1991, c. 368 (NEW).]

4. Credit assessment. Any record obtained by the department or the municipality that contains an assessment of the credit worthiness, credit rating or financial condition of any person or project; and [PL 1991, c. 368 (NEW).]

5. Potential investors. Any record, including any financial statement or supporting data, business plan or tax return obtained or developed by the department or municipality in connection with the matching of potential investors with businesses in the State by the department or the municipality through its maintenance of a data base or other record-keeping system. [PL 1991, c. 368 (NEW).]

Nothing in this section prevents the disclosure of any records, correspondence or other materials to authorized officers and employees of municipal government, State Government or Federal Government for authorized use. [PL 1991, c. 368 (NEW).]
5 M.R.S. § 10051 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10051
5 §10051. Jurisdiction of District Court; retained powers of agency
Status: in_force

1. Jurisdiction. Except as provided in section 10004 ; Title 8, section 279‑B ; Title 10, section 8003 ; Title 20‑A, sections 10712 and 10713 ; Title 29‑A ; Title 32, chapters 2‑B , 62 , 114 and 135 ; and Title 38, section 342, the District Court has exclusive jurisdiction upon complaint of any agency or, if the licensing agency fails or refuses to act within a reasonable time, upon complaint of the Attorney General to revoke or suspend licenses issued by the agency and has original jurisdiction upon complaint of an agency to determine whether renewal or reissuance of a license of that agency may be refused. [PL 2021, c. 173, §1 (AMD).]

2. Complaining agency. The complaining agency retains every other power granted to it by statute or necessarily implied therein, except the power of revoking or suspending licenses issued by it. Such retained powers include, but are not limited to, the granting or renewing of licenses, the investigating and determining of grounds for the filing of a complaint under this section and the prosecution of such complaints. [PL 1999, c. 547, Pt. B, §19 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

3. Appellate jurisdiction. The District Court has exclusive jurisdiction to review licensing decisions of the Department of Administrative and Financial Services taken pursuant to Title 28‑A, sections 453‑A , 458 and 653 . Chapter 375, subchapter 7 governs these proceedings as far as applicable, substituting "District Court" for "Superior Court." [PL 2013, c. 368, Pt. V, §3 (AMD).]

4. Violations. [PL 2003, c. 505, §2 (RP).]
5 M.R.S. § 1552 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1552
5 §1552. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 655 (NEW).]

1. Business concern. "Business concern" means a person, partnership or corporation engaged in providing property, products or services for the purpose of gain, benefit or advantage, either direct or indirect, whether or not the concern is organized for profit or not for profit. [PL 1983, c. 655 (NEW).]

2. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §44 (AMD).]

3. Controller. "Controller" means the State Controller. [PL 1983, c. 655 (NEW).]

4. Improper invoice. "Improper invoice" means an invoice which is: A. Incorrectly calculated; [PL 1983, c. 655 (NEW).] B. Received for property, products or services that are unsatisfactory with respect to quantity or quality; or [PL 1983, c. 655 (NEW).] C. Received for property, products or services for which there is no request. [PL 1983, c. 655 (NEW).] [PL 1983, c. 655 (NEW).]

5. Proper invoice. "Proper invoice" means an invoice for property, products or services deemed to be satisfactory in quality and quantity, in conformance with the request of the state agency and on which the amount due has been correctly calculated. [PL 1983, c. 655 (NEW).]

6. State agency. "State agency" means any body of State Government authorized by law to adopt rules, to issue licenses or to take final action in adjudicatory proceedings, including, but not limited to, every authority, board, bureau, commission, department or officer of the State Government so authorized; but the term does not include the Governor, courts, University of Maine System, Maine Maritime Academy, school districts, special purpose districts or municipalities, counties or other political subdivisions of the State. [PL 1985, c. 779, §15 (AMD).]
5 M.R.S. § 11054 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11054
5 §11054. Mandatory training
Status: in_force

An agency shall ensure that the tribal liaison designated pursuant to section 11053, subsection 3 , other employees responsible for tribal collaboration under this Act and other employees whose work substantially and uniquely affects Indian tribes or tribal members receive training designed to promote: [PL 2021, c. 681, Pt. A, §1 (NEW).]

1. Communication and collaboration. Effective communication and collaboration between the agency and the Indian tribes; [PL 2021, c. 681, Pt. A, §1 (NEW).]

2. Government-to-government relations. Positive government-to-government relations between the State and Indian tribes; and [PL 2021, c. 681, Pt. A, §1 (NEW).]

3. Cultural competency. Cultural competency in tribal issues. [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 17752 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17752
5 §17752. Service credit for prior service
Status: in_force

1. Determination. Service credit for prior service is determined as follows. A. If a member can provide the board with satisfactory evidence that the member performed any work as a state employee before July 1, 1942 or as a teacher before July 1, 1947, the member must be granted one year of service credit for each year in which any work was performed, except that: (1) For the first year of service under this paragraph, service credit may be earned only from the date of beginning work to the end of the year; (2) During the calendar year 1942, the maximum amount of prior service credit that may be earned for work as a state employee is 1/2 year; and (3) Prior service credit for work as a state employee must be calculated on the basis of calendar years and for work as a teacher on the basis of school years. [RR 2023, c. 2, Pt. B, §103 (COR).] B. Service credit for prior service shall be granted for work as a teacher to a member, if the member pays into the Members' Contribution Fund 5% of the salary received during that service. For each year of that service, the payments shall be not less than $20 nor more than $100. [PL 1985, c. 801, §§ 5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §103 (COR).]

2. Verification of prior service. Upon verification of the length of prior service rendered, the board shall grant service credit for that service. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 296 — ME Code / Title 5 / Part 1 / Chapter 14 / Section 296
5 §296. Acceptance of gifts, bequests, grants, aid
Status: in_force

The Margaret Chase Smith Center for Public Policy is authorized to accept gifts, bequests and endowments for purposes consistent with the objectives of this chapter, and to accept federal, private foundation and other grants and matching funds when determined to be in the best interests of the program. [PL 1993, c. 78, §3 (AMD).]
5 M.R.S. § 784 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 784
5 §784. State action and contracts
Status: in_force

1. State action. An agency or individual employee of the State or state-related agency may not discriminate because of actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status while providing any function or service to the public, in enforcing any regulation, or in any education, counseling, vocational guidance, apprenticeship and on-the-job training programs. Similarly, a state or state-related agency contractor, subcontractor, or labor union or representative of the workers with which the contractor has an agreement may not discriminate unless based on a bona fide occupational qualification. State agencies or related agencies may withhold financial assistance to any recipient found to be in violation of the Maine Human Rights Act or the federal Civil Rights Act. Any state agency or related agency shall decline any job order carrying a specification or limitation as to actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status, unless it is related to a bona fide job requirement. [PL 2021, c. 553, §3 (AMD).]

2. Public contracts. Every state or state related agency contract for public works or for services shall incorporate by reference the following provisions: "During the performance of this contract, the contractor agrees as follows. A. The contractor will not discriminate against any employee or applicant for employment because of actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status. Such action includes, but is not limited to, the following: employment, upgrading, demotions, transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. [PL 2021, c. 553, §4 (AMD).] B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status. [PL 2021, c. 553, §5 (AMD).] C. The contractor will send to each labor union or representative of the workers with which the contractor has a collective or bargaining agreement, or other contract or understanding, whereby the contractor is furnished with labor for the performances of the contract, a notice, to be provided by the contracting department or agency, advising the labor union or workers' representative of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment." [RR 2023, c. 2, Pt. B, §43 (COR).] D. The contractor will cause the foregoing provisions to be inserted in all contracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor. [PL 1975, c. 153, §1 (NEW).] E. Contractors and subcontractors with contracts in excess of $50,000 will also pursue in good faith affirmative action programs. [PL 1991, c. 807, §1 (NEW).] [RR 2023, c. 2, Pt. B, §43 (COR).]
5 M.R.S. § 1710-C — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-C
5 §1710-C. Meetings
Status: in_force

The commission shall meet at least 3 times a year. Additional meetings may be called by the chair or by any 3 members. All meetings are open to the public. [PL 2017, c. 284, Pt. N, §3 (AMD).]
5 M.R.S. § 134 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 134
5 §134. Money in depositories
Status: in_force

All state money in any depository of the State Government shall stand on the books of said depository to the credit of the State but the Treasurer of State shall not withdraw any of said money except upon the authority of the State Controller.
5 M.R.S. § 15306 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15306
5 §15306. Liability of officers, directors and employees
Status: in_force

All officers, directors, employees and other agents of the institute entrusted with the custody of the securities of the institute or authorized to disburse the funds of the institute must be bonded either by a blanket bond or by individual bonds with a minimum limitation of $100,000 coverage for each person covered by the bond or bonds, or equivalent fiduciary liability insurance, conditioned upon the faithful performance of their duties. The premiums for the bond or bonds must be paid out of the assets of the institute. [PL 2005, c. 425, §20 (AMD).]
5 M.R.S. § 1826-B — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1826-B
5 §1826-B. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 359, §3 (NEW).]

1. Persons with disabilities. "Persons with disabilities" means individuals who have physical or mental impairments that substantially limit one or more major life activities, have a record of those impairments or are perceived to have those impairments. [PL 2003, c. 515, §2 (RPR).]

2. Work center. "Work center" means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement. For the purposes of sections 1826‑A and 1826‑C , a work center must meet the following conditions: A. [PL 1999, c. 543, §1 (RP).] B. Has complied with occupational health and safety standards required by the laws of the United States or this State; [PL 1985, c. 359, §3 (NEW).] C. Employs during the fiscal year in commodity production or service provision persons with disabilities at a quota of not less than 66% of the total hours of direct labor on all production, whether or not government related; and [PL 2003, c. 515, §3 (AMD).] D. Has, is part of or demonstrates a formal relationship for support with an ongoing placement program that includes at least preadmission evaluation and annual review to determine each worker's capability for normal competitive employment and maintenance of liaison with the appropriate community services for the placement in the employment of any of its workers who may qualify for that placement. [PL 2003, c. 515, §4 (AMD).] [RR 2015, c. 1, §2 (COR).]

3. Director. "Director" means the Director of the Bureau of General Services within the Department of Administrative and Financial Services. [PL 2007, c. 395, §2 (NEW).]
5 M.R.S. § 25007 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25007
5 §25007. Duties and powers
Status: in_force

1. Commission duties. The commission shall: A. Carry out research necessary to determine the status of historically disadvantaged racial, indigenous and tribal populations, including the study of income levels of and opportunities available to historically disadvantaged racial, indigenous and tribal populations and the examination of quantitative and qualitative data associated with those populations regarding business ownership, household assets, debts and income, housing, employment, education, health care and access to wealth, capital and benefits; [PL 2019, c. 457, §2 (NEW).] B. Seek public input by conducting public hearings annually to obtain information about the needs of and solutions to the problems faced by historically disadvantaged racial, indigenous and tribal populations; and [PL 2019, c. 457, §2 (NEW).] C. Beginning March 1, 2022, and annually thereafter, report to the Governor and the Legislature concerning the work and interests of the commission, including a summary of public comments obtained pursuant to paragraph B . [PL 2021, c. 398, Pt. RRRR, §1 (AMD).] [PL 2021, c. 398, Pt. RRRR, §1 (AMD).]

2. Commission powers. The commission may: A. Promote and coordinate activities on state and local levels designed to meet the problems faced by historically disadvantaged racial, indigenous and tribal populations; [PL 2019, c. 457, §2 (NEW).] B. Inform the public about the presence or absence of opportunities for historically disadvantaged racial, indigenous and tribal populations; [PL 2019, c. 457, §2 (NEW).] C. Conduct additional public hearings, conferences, workshops and other such meetings to obtain information about, discuss and publicize the needs of and solutions to the problems faced by historically disadvantaged racial, indigenous and tribal populations; [PL 2019, c. 457, §2 (NEW).] D. Submit to the Legislature such legislation as the commission determines appropriate for improving opportunities and eliminating disparities for historically disadvantaged racial, indigenous and tribal populations in the State; [PL 2021, c. 436, §6 (AMD).] E. Advise and consult with the Chief Justice of the Supreme Judicial Court and other officials of the State and the Federal Government with respect to state and federal policies, programs and other activities affecting or relating to historically disadvantaged racial, indigenous and tribal populations; and [PL 2019, c. 457, §2 (NEW).] F. Advise and consult with the Governor and the Legislature about, and assist them in improving, opportunities for historically disadvantaged racial, indigenous and tribal populations. [PL 2019, c. 457, §2 (NEW).] [PL 2021, c. 436, §6 (AMD).]
5 M.R.S. § 3231 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3231
5 §3231. Technical and financial assistance program established; purpose, administration
Status: in_force

The technical and financial assistance program for municipalities, regional councils and multimunicipal regions, referred to in this subchapter as "the program," is established to encourage and facilitate the adoption and implementation of local, regional and statewide growth management programs. Under the provisions of the program, a municipality or multimunicipal region may request financial or technical assistance from the office for the purpose of planning and implementing a growth management program. A municipality or multimunicipal region that requests and receives a financial assistance grant shall develop and implement its growth management program in cooperation with the office and in a manner consistent with the procedures, goals and guidelines established in this subchapter and in Title 30‑A, chapter 187, subchapter 2 . [PL 2025, c. 388, Pt. D, §12 (NEW).]

To accomplish the purposes of this subchapter, the office shall develop and administer the program. The program must include direct financial assistance for planning and implementation of growth management programs, standards governing the review of growth management programs by the office, technical assistance to municipalities or multimunicipal regions and a voluntary certification program for growth management programs. [PL 2025, c. 388, Pt. D, §12 (NEW).]
5 M.R.S. § 1622 — ME Code / Title 5 / Part 4 / Chapter 147 / Section 1622
5 §1622. Recovery of certain state agency overpayments
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Overpayment" means a payment made to a vendor: (1) In duplicate for a single invoice; (2) In the amount of a discount available from the vendor that was not applied; (3) For a late payment penalty that was improperly applied by the vendor; (4) For shipping costs that were computed incorrectly or incorrectly included in an invoice; (5) For any commodities billed at an amount higher than negotiated in a contract or master agreement; (6) For a state tax imposed pursuant to Title 36 ; or (7) For goods or a service the vendor did not provide. [PL 2023, c. 405, Pt. A, §6 (AMD).] B. "State agency" means a department, commission, board, office or other entity that is in the executive branch of State Government. [PL 2011, c. 21, §1 (NEW).] [PL 2023, c. 405, Pt. A, §6 (AMD).]

2. Recovery audits for certain overpayments. In addition to the audit authorized pursuant to section 1621 , at least once every 10 years the State Controller shall contract with one or more consultants to conduct recovery audits of payments made by state agencies to vendors. The audits must be designed to detect and recover overpayments to the vendors and to recommend improved state agency accounting operations. A state agency shall provide the recovery audit consultant all information necessary for the audit. A. A contract under this subsection: (1) May provide for reasonable compensation for services provided under the contract, including compensation determined by the application of a specified percentage of the total amount recovered because of the consultant's audit activities or recommendations as a fee for services; and (2) To allow time for the performance of existing state payment auditing procedures, may not allow a recovery audit of a payment during the 180-day period after the date the payment was made. [PL 2011, c. 21, §1 (NEW).] B. Notwithstanding any law to the contrary, the State Controller or a state agency whose payments are being audited may provide a person acting under a contract authorized by this subsection with any confidential information in the custody of the State Controller or state agency that is necessary for the performance of the audit or the recovery of an overpayment, to the extent the State Controller and state agency are not prohibited from sharing the information under an agreement with another state or the Federal Government. A person acting under a contract authorized by this subsection, and each employee or agent of that person, is subject to all prohibitions against the disclosure of confidential information obtained from the State in connection with the contract that apply to the State Controller or applicable state agency or an employee of the State Controller or applicable state agency. A person acting under a contract authorized by this subsection or an employee or agent of the person who discloses confidential information in violation of a prohibition under this subsection is subject to the same sanctions and penalties that would apply to the State Controller or applicable state agency or an employee of the State Controller or applicable state agency for that disclosure. [PL 2011, c. 21, §1 (NEW).] [PL 2011, c. 21, §1 (NEW).]

3. Funds recovered and payments to consultants. The State Controller shall deposit all recovered money in a nonlapsing Other Special Revenue Funds audit recovery account within the Department of Administrative and Financial Services. From the audit recovery account, the State Controller shall make payment to a consultant that conducts a recovery audit under subsection 2 according to the negotiated contract and refund amounts in accordance with state or federal regulations. Any amounts not refunded or paid to the consultant must be identified in the report pursuant to subsection 4 . [PL 2011, c. 21, §1 (NEW).]

4. Reports. The State Controller shall provide the following reports. A. Within 7 days of receipt, the State Controller shall provide copies of any reports, including those in electronic form, received from a consultant contracted with pursuant to subsection 2 to: (1) The Governor; (2) The State Auditor; and (3) The Legislative Council. [PL 2011, c. 21, §1 (NEW).] B. Not later than December 1st of each odd-numbered year, the State Controller shall issue a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over state and local government matters summarizing the contents of all reports received from a consultant contracted pursuant to subsection 2 during the state fiscal biennium ending June 30th of that year. [PL 2011, c. 21, §1 (NEW).] [PL 2011, c. 21, §1 (NEW).]

5. Rules. The State Controller may adopt rules to implement the provisions of this section. Rules adopted under this subsection are major substantive rules pursuant to chapter 375, subchapter 2‑A . [PL 2011, c. 21, §1 (NEW).]
5 M.R.S. § 45 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 45
5 §45. Discontinuation of duplicate reports
Status: in_force

Notwithstanding any other provision of law, the Governor may discontinue the publication of any other annual or biennial report that duplicates the report material provided for in section 43, except for reports of the constitutional officers elected by the Legislature, and reports of the legislative and judicial branches of government, the University of Maine System and the Maine Maritime Academy. The Governor may order the publication of an expanded departmental report, in standard format, in a limited quantity for record purposes. [RR 2023, c. 2, Pt. B, §10 (COR).]

Notwithstanding any other provision of law, every annual or biennial report required by statute to be made by any agency other than constitutional officers elected by the Legislature, the legislative and judicial branches of government, the University of Maine System and the Maine Maritime Academy, to the Governor and the Legislature shall be made by inclusion of that report in the Maine State Government Annual Report. The Governor may authorize the publication of special expanded department reports in a limited quantity when justified. [PL 1985, c. 779, §9 (AMD).]
5 M.R.S. § 18655 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18655
5 §18655. Participation
Status: in_force

1. Local district. A local district may participate in the group life insurance program by filing with the board a duly certified copy of the resolution or record of the vote of the body that would be entitled to approve participation in the Participating Local District Retirement Program under section 18201 . The resolution or record of the vote must state which portions of the life insurance program established under this chapter apply to the participating local district. [PL 2007, c. 491, §249 (AMD).]

2. Effective date. The effective date of participation of a local district may not be more than 6 months following receipt of the certified copy of the vote or resolution. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Employee. The board may, by rule, provide standards for inclusion or exclusion of employees on the basis of nature and type of employment or conditions. No employee or group of employees may be excluded solely on the basis of the hazardous nature of employment. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13119-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13119-B
5 §13119-B. Disclosure required
Status: in_force

Notwithstanding section 13119‑A , the department or the municipality shall make available, upon request, to any person reasonably describing the records to which access is sought or, if no request is made, in any manner and at any time that the department or municipality determines appropriate, the following information. [PL 1991, c. 368 (NEW).]

1. Certain limited information. The following must be released after provision of assistance: A. Names of recipients of or applicants for business assistance, including the business principals, if applicable; [PL 1991, c. 368 (NEW).] B. Types and general terms of assistance provided to those recipients or requested by those applicants; [PL 1991, c. 368 (NEW).] C. Descriptions of projects and businesses benefiting or to benefit from the assistance provided; [PL 1991, c. 368 (NEW).] D. Number of jobs and the amount of tax revenues projected or resulting in connection with a completed project; and [PL 1991, c. 368 (NEW).] E. Amounts and names of recipients of assistance provided under a program of assistance. [PL 1991, c. 368 (NEW).] [PL 1991, c. 368 (NEW).]

2. Subject to waiver. Any information pursuant to waiver determined satisfactory by the department must be released. [PL 1991, c. 368 (NEW).]

3. Available to public. Information that the department determines has already been made available to the public must be released. [PL 1991, c. 368 (NEW).]

4. Not otherwise confidential. Any information not otherwise confidential under section 13119‑A or other applicable law must be released. [PL 1991, c. 368 (NEW).]
5 M.R.S. § 285-A — ME Code / Title 5 / Part 1 / Chapter 13 / Section 285-A
5 §285-A. State Employee Health Commission
Status: in_force

1. Establishment. The State Employee Health Commission is established to serve as trustee of the group health plan in this subchapter and to provide counsel to the Executive Director of Employee Health, Wellness and Workers' Compensation and the State Human Resources Officer on health and dental insurance issues, the state living resources program and other issues concerning employee health, wellness and workers' compensation. [PL 2025, c. 48, Pt. B, §2 (AMD).]

2. Membership. The State Employee Health Commission consists of labor and management members as follows: A. One labor member from each bargaining unit recognized under Title 26, chapter 9‑B , appointed by the employee organization certified to represent the unit; [PL 1991, c. 780, Pt. Y, §25 (AMD).] B. One labor member from the largest bargaining unit recognized under Title 26, chapter 14 , appointed by the employee organization authorized to represent the unit; [PL 1987, c. 731, §6 (NEW).] C. One labor member appointed by the retiree chapters of the Maine State Employees Association; [PL 1987, c. 731, §6 (NEW).] C-1. One labor member from Maine Turnpike Authority employees appointed by the employee organization authorized to represent the employees; [PL 1997, c. 77, §1 (NEW).] C-2. One labor member from Maine Public Employees Retirement System employees, appointed by the employee organization authorized to represent the employees; [PL 2001, c. 636, §1 (NEW); PL 2007, c. 58, §3 (REV).] C-3. One labor member from Maine Maritime Academy employees, appointed by the employee organization authorized to represent the employees; [PL 2009, c. 64, §1 (NEW).] D. Four management members appointed by the Commissioner of Administrative and Financial Services; [PL 1991, c. 780, Pt. Y, §25 (AMD).] E. One management member appointed by the Court Administrators; [PL 1993, c. 68, §1 (AMD).] F. The Executive Director of Employee Health, Wellness and Workers' Compensation, ex officio; [PL 2025, c. 48, Pt. A, §1 (AMD).] F-1. The State Human Resources Officer, ex officio; [PL 2025, c. 48, Pt. A, §1 (NEW).] G. One member representing retirees appointed by the Maine Association of Retirees; [PL 1995, c. 97, §1 (AMD).] H. One labor member from the Maine Community College System faculty or administrative unit, appointed by the employee organization authorized to represent the units; [PL 1997, c. 77, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] I. One management member from the Maine Community College System appointed by the President of the Maine Community College System; [PL 2001, c. 636, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] J. One management member appointed by the Executive Director of the Maine Turnpike Authority; [PL 2009, c. 64, §1 (AMD).] K. One management member appointed by the Chief Executive Officer of the Maine Public Employees Retirement System; and [PL 2009, c. 64, §1 (AMD); PL 2021, c. 548, §45 (REV).] L. One management member appointed by the President of the Maine Maritime Academy. [PL 2009, c. 64, §1 (NEW).] All appointed or elected members serve at the pleasure of their appointing or electing authorities. [PL 2025, c. 48, Pt. A, §1 (AMD).]

3. Voting. All votes of the commission must be one vote cast by labor and one vote cast by management. The votes must be cast by the labor cochair, who must be chosen by the labor members, and the vote must represent the majority opinion of the labor members of the commission, and by the management cochair, who is designated by the Commissioner of Administrative and Financial Services from among the management members appointed by the Commissioner of Administrative and Financial Services or the State Human Resources Officer. [PL 2025, c. 48, Pt. A, §2 (AMD).]
5 M.R.S. § 7035 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7035
5 §7035. State Human Resources Officer
Status: in_force

The State Human Resources Officer must be qualified by education or experience in the administration of personnel systems, public or private, and in human resource management. The commissioner shall appoint the State Human Resources Officer who serves at the pleasure of the commissioner. [PL 1997, c. 632, §1 (AMD); PL 2023, c. 412, §3 (REV).]

The officer may name a designee to conduct employee relations activities set forth in Title 26, chapter 9‑B and other proceedings such as negotiations, mediation, fact-finding, arbitration, grievance proceedings, unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and other labor relations proceedings. [RR 2023, c. 1, Pt. B, §5 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Education and experience in personnel systems. [PL 1997, c. 632, §1 (RP).]

2. Restricted political activity. [PL 1997, c. 632, §1 (RP).]

3. Record of achievement. [PL 1997, c. 632, §1 (RP).]
5 M.R.S. § 11056 — ME Code / Title 5 / Part 18 / Chapter 376 / Section 11056
5 §11056. Cause of action and right of review not conferred; savings clause
Status: in_force

1. Cause of action and right of review not conferred. An agency's failure to comply with the requirements of this Act does not: A. Create a cause of action or a right of judicial review of any action by an agency; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Constitute grounds for a court to invalidate an agency rule under section 8058 ; or [PL 2021, c. 681, Pt. A, §1 (NEW).] C. Constitute grounds for a court to reverse or modify an agency action under section 11007, subsection 4, paragraph C or to direct an agency to engage in any further action under section 11007, subsection 4, paragraph B . [PL 2021, c. 681, Pt. A, §1 (NEW).] [PL 2021, c. 681, Pt. A, §1 (NEW).]

2. Federal funding requirements. Nothing in this Act affects, modifies or replaces any tribal collaboration or consultation requirement imposed on or assumed by an agency as a condition of the acceptance of federal funding. [PL 2021, c. 681, Pt. A, §1 (NEW).]
5 M.R.S. § 3221 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3221
5 §3221. Community Resilience Partnership Program
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "community" means a municipal government, tribal government, plantation, township or unorganized territory. [PL 2025, c. 388, Pt. D, §11 (NEW).]

2. Program established; administration. The Community Resilience Partnership Program, referred to in this section as "the program," is established within the office to provide direction, assistance and grants to communities in the State to help the communities reduce carbon emissions, transition to clean energy and become more resilient to the effects of climate change. The office shall administer the program to provide technical and financial assistance for local and regional planning and implementation projects consistent with the State's emissions reduction targets under Title 38, section 576-A and the state climate action plan under Title 38, section 577. [PL 2025, c. 388, Pt. D, §11 (NEW).]

3. Grants. The office shall make grants from money appropriated to the program by the Legislature and any funds received by the office for the purposes of the program, including federal funding or private funds. A. The program may solicit applications for grants and make grant awards through a competitive process to eligible communities and to service provider organizations as determined by the office. [PL 2025, c. 388, Pt. D, §11 (NEW).] B. The office may establish eligibility requirements and other criteria to consider in awarding grants, as long as the criteria support the goals to help communities reduce carbon emissions, transition to clean energy and become more resilient to the effects of climate change. [PL 2025, c. 388, Pt. D, §11 (NEW).] [PL 2025, c. 388, Pt. D, §11 (NEW).]

4. Other technical assistance. The office may provide other technical assistance and knowledge sharing that may include, but is not limited to, assisting communities with information about available grant opportunities, sharing best practices from jurisdictions inside and outside the State, providing model language for local ordinances and policies and providing information to the general public that may support local and statewide policy changes meant to reduce emissions, encourage the transition to clean energy and increase resiliency to the effects of climate change. [PL 2025, c. 388, Pt. D, §11 (NEW).]
5 M.R.S. § 20007 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20007
5 §20007. Agency cooperation
Status: in_force

State agencies shall cooperate fully with the department in carrying out this chapter. A state agency may not develop, establish, conduct or administer any substance use disorder prevention or treatment program without the approval of the department. The department may request personnel, facilities and data from other agencies as the commissioner finds necessary to fulfill the purposes of this Act. [PL 2017, c. 407, Pt. A, §30 (AMD).]
5 M.R.S. § 11112 — ME Code / Title 5 / Part 18 / Chapter 377-A / Section 11112
5 §11112. Application for review
Status: in_force

Any group of 100 or more registered voters, who have a substantial interest in a rule, or any person who may be directly, substantially and adversely affected by the application of a rule, may file an application for review with the executive director. With respect to any application or petition for review pursuant to this section, the petition or application shall be verified and certified in the same manner provided in Title 21‑A, section 354, subsection 7, paragraphs A and C . The applicant shall state with specificity on a form prepared by the director, the following: [PL 1989, c. 574, §9 (AMD).]

1. Name of agency; citation of rule. The name of the agency and the citation of the rule, including section and paragraph if applicable; [PL 1981, c. 524, §15 (NEW).]

2. Affect on applicant. A statement of how the rule may directly, substantially and adversely affect the operations or interests of the applicant, or the nature and extent of the applicant's interest in the rule; [PL 1981, c. 524, §15 (NEW).]

3. Statement. A statement of why the rule, in the opinion of the applicant, is inappropriate or unnecessary; and [PL 1981, c. 524, §15 (NEW).]

4. Recommendation. A recommendation proposing changes in the rule or the statute which the rule implements. [PL 1981, c. 524, §15 (NEW).]
5 M.R.S. § 17811 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17811
5 §17811. Election to reduce or discontinue benefits
Status: in_force

Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the chief executive officer. [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 11005 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11005
5 §11005. Responsive pleading; filing of the record
Status: in_force

No responsive pleading need be filed unless required by order of the reviewing court. The agency shall file in the reviewing court within 30 days after the petition for review is filed, or within such shorter or longer time as the court may allow on motion, the original or a certified copy of the complete record of the proceedings under review. In the case of the alleged failure or refusal of an agency to act, the record must include written, electronic or otherwise memorialized communications, directives, orders and other documentation of all decisions by the agency to act, to refuse to act or to delay action. Within 20 days after the petition for review is filed, all parties to the agency proceeding who wish to participate in the review shall file a written appearance that states a position with respect to affirmance, vacation, reversal or modification of the decision under review. [PL 2019, c. 111, §1 (AMD).]
5 M.R.S. § 18255 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18255
5 §18255. Disbanded or dissolved local district
Status: in_force

If, for any reason, any participating local district ceases to be an employing unit eligible for inclusion in the Participating Local District Retirement Program, the membership of its employees ceases except to the extent of any benefits that may be provided by the funds that have been established under the retirement system for that district. [PL 2007, c. 491, §208 (AMD).]
5 M.R.S. § 1902 — ME Code / Title 5 / Part 4 / Chapter 159 / Section 1902
5 §1902. Purposes
Status: in_force

1. Purposes. The purposes of the program are: A. To permit state agencies to employ qualified students enrolled in post-secondary cooperative education programs without regard to personnel count; [PL 1975, c. 211 (NEW).] B. To provide students with practical experiences related to their field of study which can only be obtained through full-time employment; [PL 1975, c. 211 (NEW).] C. To assist students to defray higher education costs; [PL 1975, c. 211 (NEW).] D. To lessen the demand for work during the summer months and disperse it throughout the entire year; [PL 1975, c. 211 (NEW).] E. To provide department or agency heads with the opportunity of observing and evaluating potential employees on the job thus facilitating the recruitment and selection of personnel to fill state openings; [PL 1975, c. 211 (NEW).] F. To stimulate interest in employment in the State of Maine on the part of college educated students. [PL 1975, c. 211 (NEW).] [PL 1975, c. 211 (NEW).]
5 M.R.S. § 18 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 18
5 §18. Disqualification of executive employees from participation in certain matters
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Constitutional officers" means the Attorney General, Secretary of State and Treasurer of State. [PL 1979, c. 734, §2 (NEW).] B. "Executive employee" means the constitutional officers, the State Auditor, members of the state boards and commissions as defined in chapter 379 and compensated members of the classified or unclassified service employed by the Executive Branch, but it does not include: (1) The Governor; (2) Employees of and members serving with the National Guard; (3) Employees of the University of Maine System, the Maine Maritime Academy and the Maine Community College System; (4) Employees who are employees solely by their appointment to an advisory body; (5) Members of boards listed in chapter 379 , who are required by law to represent a specific interest, except as otherwise provided by law; and (6) Members of advisory boards as listed in chapter 379 . [PL 2017, c. 179, §1 (AMD).] C. "Participate in an official capacity" means to take part in reaching a decision or recommendation in a proceeding that is within the authority of the position held by an executive employee. [RR 2023, c. 2, Pt. B, §4 (COR).] D. "Proceeding" means a proceeding, application, request, ruling, determination, award, contract, claim, controversy, charge, accusation, arrest or other matter relating to governmental action or inaction, but does not include an employee organization bid or contract to provide agency services under section 1816‑B . [PL 2021, c. 332, §1 (AMD).] E. "Participates in the legislative process" means to provide any information concerning pending legislation to a legislative committee, subcommittee or study or working group, whether orally or in writing. [PL 1999, c. 242, §1 (NEW).] [RR 2023, c. 2, Pt. B, §4 (COR).]

2. Executive employee. An executive employee commits a civil violation if the executive employee personally and substantially participates in an official capacity in any proceeding in which, to the executive employee's knowledge, any of the following have a direct and substantial financial interest: A. The executive employee or the executive employee's spouse or dependent children; [RR 2023, c. 2, Pt. B, §5 (COR).] B. The executive employee's partners; [RR 2023, c. 2, Pt. B, §5 (COR).] C. A person or organization with whom the executive employee is negotiating or has agreed to an arrangement concerning prospective employment; [RR 2023, c. 2, Pt. B, §5 (COR).] D. An organization in which the executive employee has a direct and substantial financial interest; or [RR 2023, c. 2, Pt. B, §5 (COR).] E. A person with whom the executive employee has been associated as a partner or a fellow shareholder in a professional service corporation pursuant to Title 13, chapter 22‑A during the preceding year. [RR 2023, c. 2, Pt. B, §5 (COR).] [RR 2023, c. 2, Pt. B, §5 (COR).]

2-A. Participation in legislative process. An executive employee commits a civil violation if the employee participates in the legislative process in the employee's official capacity concerning any legislation in which any person described in subsection 2, paragraphs A to E has any direct and substantial financial interest unless the employee discloses that interest at the time of the employee's participation. [PL 1999, c. 242, §2 (NEW).]

3. Former executive employee. Former executive employees shall be subject to the provisions in this subsection with respect to proceedings in which the State is a party or has a direct and substantial interest. A. No former executive employee may knowingly act as an agent or attorney for, or appear personally before, a state or quasi-state agency for anyone other than the State for a one-year period following termination of the employee's employment with the agency or quasi-state agency in connection with a proceeding in which the specific issue was pending before the executive employee's agency and was directly within the responsibilities of the employee during a period terminating at least 12 months prior to the termination of that employee's employment. [PL 1987, c. 784, §2 (RPR).] B. No former executive employee may knowingly act as an agent or attorney for, or appear personally before, a state or quasi-state agency for anyone other than the State at any time following termination of the employee's employment with the agency or quasi-state agency in connection with a proceeding in which the specific issue was pending before the executive employee's agency and was directly within the responsibilities of the executive employee during the 12-month period immediately preceding the termination of the employee's employment. [PL 1987, c. 784, §2 (RPR).] [PL 1987, c. 784, §2 (RPR).]

4. Construction of section. This section may not be construed to prohibit former state employees from doing personal business with the State. This section shall not limit the application of any provisions of Title 17‑A, chapter 25 . [PL 1979, c. 734, §2 (NEW).]

5. Penalty. A violation of this section is a civil violation for which a forfeiture of not more than $1,000 may be adjudged. [PL 1979, c. 734, §2 (NEW).]

6. Application of more stringent statutory provisions. If other statutory conflict of interest provisions pertaining to any state agency, quasi-state agency or state board are more stringent than the provisions in this section, the more stringent provisions shall apply. [PL 1987, c. 784, §3 (NEW).]

7. Avoidance of appearance of conflict of interest. Every executive employee shall endeavor to avoid the appearance of a conflict of interest by disclosure or by abstention. For the purposes of this subsection and subsection 8 , "conflict of interest" includes receiving remuneration, other than reimbursement for reasonable travel expenses, for performing functions that a reasonable person would expect to perform as part of that person's official responsibility as an executive employee. [PL 2001, c. 203, §1 (AMD).]

8. Disclosure of conflict of interest. An executive employee shall disclose immediately to that employee's direct supervisor any conflict of interest within the meaning of this section. [PL 1999, c. 242, §3 (NEW).]
5 M.R.S. § 21202 — ME Code / Title 5 / Part 27 / Chapter 555 / Section 21202
5 §21202. Interbranch forum
Status: in_force

1. Annual interbranch forum. Beginning in February 1995 and at least every year thereafter, the Chief Justice of the Supreme Judicial Court, the Governor, the President of the Senate and the Speaker of the House of Representatives shall jointly convene an interbranch forum. [PL 1993, c. 675, Pt. C, §12 (NEW).]

2. Purpose of forum. The purpose of the interbranch forum is to provide for discussions among the top policymakers from each branch of government to address the need for cooperation and coordination at all levels. Topics to be discussed may include, but are not limited to: A. An integrated system of communication; [PL 1993, c. 675, Pt. C, §12 (NEW).] B. A technology plan; [PL 1993, c. 675, Pt. C, §12 (NEW).] C. Long-range planning; and [PL 1993, c. 675, Pt. C, §12 (NEW).] D. The allocation and use of resources. [PL 1993, c. 675, Pt. C, §12 (NEW).] [PL 1993, c. 675, Pt. C, §12 (NEW).]

3. More frequent forums. Representatives of the 3 branches may convene a forum as often as they determine it is appropriate. [PL 1993, c. 675, Pt. C, §12 (NEW).]

4. Expenses. Each branch absorbs the expenses for convening and holding interbranch forums within the general operating budgets for each department. [PL 1993, c. 675, Pt. C, §12 (NEW).]
5 M.R.S. § 8055 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8055
5 §8055. Petition for adoption or modification of rules
Status: in_force

1. Petition. Any person may petition an agency for the adoption or modification of any rule. [PL 1977, c. 551, §3 (NEW).]

2. Form designated. Each agency shall designate the form for such petitions and the procedure for their submission, consideration and disposition. [PL 1977, c. 551, §3 (NEW).]

3. Receipt of petition. Within 60 days after receipt of a petition, the agency shall either notify the petitioner in writing of its denial, stating the reasons therefor, or initiate appropriate rule-making proceedings. Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60 days after receipt of the petition. The petition must be verified and certified in the same manner provided in Title 21‑A, section 354, subsection 7 , prior to its presentation to the agency. [PL 1985, c. 506, Pt. A, §4 (AMD).]

4. Petition submitted by persons incarcerated in Department of Corrections facility. Notwithstanding subsections 2 and 3 , the Department of Corrections shall initiate appropriate rule-making proceedings within 60 days after receipt of a petition to adopt or modify a rule submitted by 150 or more persons incarcerated in a department correctional facility under Title 34‑A or by 25% or more of the total number of males or females incarcerated in a department correctional facility under Title 34‑A , whichever is fewer. The department is not required to initiate appropriate rule-making proceedings pursuant to this subsection if a petition to adopt or modify the same rule was received within the previous 12 months. The department may take reasonable steps to ensure that each signature on a petition submitted pursuant to this subsection is the signature of the person it purports to be and that the person was incarcerated in a department correctional facility under Title 34‑A at the time of signing. [PL 2021, c. 257, §1 (NEW).]

5. Petition submitted by persons incarcerated in county or municipal detention facility. Notwithstanding subsections 2 and 3 , the Department of Corrections shall initiate appropriate rule-making proceedings with respect to standards adopted pursuant to Title 34‑A, section 1208 or 1208‑B within 60 days after receipt of a petition to adopt or modify a rule submitted by 150 or more persons incarcerated in a county or municipal detention facility or by 25% or more of the total number of males or females incarcerated in a county or municipal detention facility, whichever is fewer. The department is not required to initiate appropriate rule-making proceedings pursuant to this subsection if a petition to adopt or modify the same rule was received within the previous 12 months. The department may take reasonable steps to ensure that each signature on a petition submitted pursuant to this subsection is the signature of the person it purports to be and that the person was incarcerated in the facility at the time of signing. [PL 2021, c. 257, §2 (NEW).]
5 M.R.S. § 1589 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1589
5 §1589. Appropriations and allocation balances
Status: in_force

The State Controller may close the books as soon as practicable after the close of the fiscal year. Any bills or invoices presented after that date may be paid from appropriations or allocations for the ensuing year on the recommendation of the State Controller if within the amounts of approved allotments. At the end of each fiscal year, unencumbered appropriation and allocation balances lapse into the appropriate fund and are not available unless authorized by law. Encumbered balances may not be carried forward more than once at the end of a fiscal year, except that all encumbered balances and accounts for financial assistance and regional planning grants in accordance with Title 30‑A, chapter 187 may be carried forward for 2 years beyond the year in which those balances are encumbered. [PL 2005, c. 12, Pt. T, §5 (AMD).]

1. Carry-forward and transfer authorized. [PL 1995, c. 464, §6 (RP).]

1-A. Total quality management efforts. Notwithstanding any other provision of law, upon the approval of the department or agency head, non-General Fund and non-Highway Fund accounts may contribute resources on an allocated basis to an administrative account for the support of department or agency total quality management efforts except that the provisions of section 1585 and Public Law 1993, chapter 410, Part A, section 25 or its successor apply. [PL 1995, c. 464, §7 (NEW).]

2. General Fund Total Quality Management accounts; Highway Fund Total Quality Management accounts. After the close of each fiscal year, the Governor may request a General Fund appropriation, Highway Fund allocation or allocation from other available resources to a specific department, agency or to a statewide Total Quality Management account to carry out total quality management efforts in accordance with subsection 3 . [PL 1995, c. 464, §8 (RPR).]

2-A. Nonlapsing. [PL 1995, c. 464, §9 (RP).]

2-B. Interdepartmental transfers authorized. [PL 1995, c. 464, §9 (RP).]

3. Total quality management initiatives. Amounts appropriated or allocated to each departmentwide and statewide account in accordance with subsection 2 must be used for the payment of nonrecurring expenditures representing total quality management initiatives in the same department or agency or on a statewide basis, respectively. [PL 2005, c. 397, Pt. A, §3 (RPR).]

3-A. Office of State Quality Management General Fund account established. [PL 2005, c. 397, Pt. A, §4 (RP).]

3-B. General Fund positions; legislative count established. [PL 1995, c. 368, Pt. HH, §4 (RP).]

3-C. Funding; general. [PL 2005, c. 397, Pt. A, §5 (RP).]

4. Copies of proposals to Bureau of the Budget and Office of Fiscal and Program Review. Copies of each approved proposal for the expenditure of funds available in each departmentwide and statewide account in accordance with subsection 2 must be submitted from each department's or agency's quality management council to the Bureau of the Budget and the Office of Fiscal and Program Review. [PL 1999, c. 668, §5 (AMD).]

5. Payments in accordance with allotments. Payments from each departmentwide and statewide account established in accordance with subsection 2 representing expenditures in support of approved proposals submitted to the Bureau of the Budget in accordance with subsection 4 will be authorized by the State Controller on the basis of allotments approved by the Governor in accordance with established law. [PL 1993, c. 476, §2 (NEW).]

6. Report required. The Department of Administrative and Financial Services shall report to the joint standing committees of the Legislature having jurisdiction over state and local government matters and appropriations and financial affairs annually no later than February 1st, the following: A. The total amount appropriated or allocated, by department, under this section; [PL 1999, c. 668, §6 (RPR).] B. A description of initiatives submitted under subsection 4 ; and [PL 1999, c. 668, §6 (RPR).] C. A recommendation from the Department of Administrative and Financial Services on any changes needed to further total quality management efforts in State Government. [PL 1999, c. 668, §6 (RPR).] [PL 1999, c. 668, §6 (RPR).]

7. Sunset. [PL 1993, c. 707, Pt. BB, §6 (RP).]
5 M.R.S. § 18061 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18061
5 §18061. Termination of coverage
Status: in_force

1. Separation from service. The insurance on an employee must terminate upon the employee's separation from service, except as extended by: A. Provisions contained in the policy for waiver of premiums upon total and permanent disability; and [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Provisions for temporary extension of coverage and conversion to an individual policy of life insurance. [PL 1985, c. 801, §§ 5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §131 (COR).]

2. Retirement. If, on the date the insurance would otherwise terminate, the employee retires, in accordance with Title 3, chapter 29, Title 4, chapter 27 or 29 or this Part, the employee's basic life insurance only must be continued without cost to the employee and in the amounts provided in this subsection. A. On retirement for reasons other than disability, an amount of basic life insurance equal to the employee's average final compensation must be continued in force at no cost to the participant, if the employee has participated in the group life insurance program for a minimum of 10 years. (1) Except as provided in paragraph B , the initial amount of basic life insurance that continued into retirement must be reduced at the rate of 15% per year to a minimum of 40% of the initial amount of basic life insurance that continued into retirement or $2,500, whichever is greater. (2) In determining benefits under this subchapter, the reductions become effective at 12:01 a.m. of the day following the first year anniversary of the date of retirement and each succeeding retirement anniversary thereafter until the minimum has been reached. [PL 1993, c. 386, §4 (AMD).] B. The reduction set out in paragraph A , subparagraph (1) does not apply to any Justice of the Supreme Judicial Court or Superior Court, to any Judge of the District Court or Administrative Court, nor to any retired justice or judge who was insured and who was living on September 14, 1979. (1) The initial amount of basic life insurance that continued into retirement for any justice or judge must be continued in force at no cost to the justice or judge until the justice or judge reaches 70 years of age. (2) When a justice or judge reaches 70 years of age, the amount of insurance in force must be reduced to 25% of the initial amount of basic life insurance that continued into retirement. This reduction becomes effective at 12:01 a.m. of the day following the date on which the justice or judge reaches 70 years of age. [PL 2001, c. 12, §5 (AMD).] C. On retirement for disability, the amount of basic insurance in force at the time of retirement must be continued in force until normal retirement age, after which the amount must be reduced, as provided in paragraphs A and B , at no cost to the recipient. The 10-year participation requirement does not apply to recipients of disability retirement benefits. [PL 1991, c. 480, §7 (AMD).] D. The premiums for the coverage provided by this subsection must be paid from reserves established for that purpose. [PL 1991, c. 480, §7 (NEW).] [PL 2001, c. 12, §5 (AMD).]
5 M.R.S. § 17713 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17713
5 §17713. Armed forces
Status: in_force

1. Service after becoming a member. For employees who qualify to have their membership in the State Employee and Teacher Retirement Program continued under section 17655, subsection 1 , because of service in the Armed Forces of the United States, the State shall contribute to the Members' Contribution Fund the same amount that the member would have been required to contribute, if the member had been serving the State during the period of service in the armed forces in the same capacity in which the employee was serving at the time the employee joined the armed forces. Any member whose contributions to the Members' Contribution Fund are paid by the State under this subsection, who withdraws or ceases to be a member of the State Employee and Teacher Retirement Program, may not withdraw any of the contributions made by the State under this subsection. [PL 2007, c. 491, §132 (AMD).]

2. Service before becoming a member. A member who qualifies under section 17760 to purchase service credit at the cost set forth in section 17760, subsection 4 shall contribute to the State Employee and Teacher Retirement Program for the period of service in the armed forces as follows. A. Contributions must be calculated at the percentage rate required of active members during the period of time covered by the service in the armed forces applied to the member's earnable compensation during the first year as an employee after service in the armed forces, under the following terms and conditions: (1) If 2 or more percentage rates were in effect during the period of service in the armed forces, the highest percentage rate must be used; (2) The minimum rate is 5%; and (3) Interest at a rate set by the board not to exceed regular interest by 2 or more percentage points must be paid on the unpaid balance beginning January 1, 1976, or the date of attaining 15 years of creditable service, if later, to the date payment is made. [PL 2003, c. 693, §2 (AMD).] B. [PL 1989, c. 907, §2 (RP).] C. The payment must be made to the State Employee and Teacher Retirement Program by a single direct payment or by annual direct payments made in accordance with section 17701, subsection 4 . [PL 2007, c. 491, §132 (AMD).] [PL 2007, c. 491, §132 (AMD).]
5 M.R.S. § 86 — ME Code / Title 5 / Part 1 / Chapter 5 / Section 86
5 §86. Fees
Status: in_force

The Secretary of State shall receive: [RR 2001, c. 2, Pt. B, §2 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

For a certificate under the seal of the State, $5 for a short form and $10 for a special detailed certificate. For all copies of corporate, limited partnership and mark documents, the rate of $2 per page; and for all other copies, the rate of 75¢ per page if such copies are prepared by the office of the Secretary of State. The Secretary of State may reduce or waive the fee for other governmental agencies and bodies; [PL 1995, c. 373, §1 (AMD).]

For receiving, filing and recording certificate of organization of officers of a proposed insurance company, and issuing certificates of organization, $20; for receiving and filing certificate of increase of capital stock of an insurance company, $10; [RR 2001, c. 2, Pt. B, §2 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

For receiving, filing and recording certificate of officers of a proposed fraternal benefit society and issuing certificate of organization, $5; [RR 2001, c. 2, Pt. B, §2 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

For filing certificate of organization of a cooperative marketing association, $10; for filing an amendment thereto, $2.50; [RR 2001, c. 2, Pt. B, §2 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

For filing, copying, comparing or authenticating any document required or permitted to be filed under Title 13‑C , that fee specified in Title 13‑C, chapter 1, subchapter 2 ; [RR 2001, c. 2, Pt. B, §2 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

For filing, copying, comparing or authenticating any document required or permitted to be filed under Title 13‑B , that fee specified in Title 13‑B, chapter 14 ; [PL 2023, c. 304, Pt. B, §2 (AMD); PL 2023, c. 304, Pt. B, §7 (AFF).]

For filing a federal tax lien or other federal liens, certificates or notices affecting the liens of which under any Act of Congress or any federal regulation are required or permitted to be filed under Title 33, chapter 39 , that fee specified in Title 33, section 1906 ; [PL 2023, c. 304, Pt. B, §3 (AMD); PL 2023, c. 304, Pt. B, §7 (AFF).]

For filing and recording a designated office for service of trustee process under Title 14, section 2608‑A , $25; [PL 2023, c. 304, Pt. B, §4 (AMD); PL 2023, c. 304, Pt. B, §7 (AFF).]

For filing a new or renewal application for a marriage officiant license under section 90‑G , $25; and [PL 2023, c. 304, Pt. B, §5 (NEW); PL 2023, c. 304, Pt. B, §7 (AFF).]

For filing a new or renewal application for approval to be a provider of communication technology used to perform remote or electronic notarization under Title 4, section 1915 , $250. [PL 2023, c. 304, Pt. B, §6 (NEW); PL 2023, c. 304, Pt. B, §7 (AFF).]
5 M.R.S. § 17712-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17712-A
5 §17712-A. Maine State Prison employees; members hired after July 1, 1992
Status: in_force

Notwithstanding section 17712 , an employee of the Maine State Prison who holds a position described in section 17851, subsection 11 and who is hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution required under section 17712 . [PL 2007, c. 491, §130 (AMD).]
5 M.R.S. § 4554 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4554
5 §4554. Construction
Status: in_force

1. Relationship to other laws. Nothing in this Act may be construed to invalidate or limit the remedies, rights and procedures of any law of any state or political subdivision of any state or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this Act. Nothing in this Act may be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter III or in transportation or places of public accommodation covered by subchapter V . [PL 1995, c. 393, §9 (NEW).]

2. Insurance. Subchapters III and V of this Act may not be construed to prohibit or restrict, with regard to individuals with disabilities: A. An insurer, hospital, medical service company, health maintenance organization or any agent or entity that administers benefit plans or similar organizations from underwriting risks, classifying risks or administering risks that are based on or not inconsistent with state law; [PL 1995, c. 393, §9 (NEW).] B. A person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks or administering risks that are based on or not inconsistent with state law; or [PL 1995, c. 393, §9 (NEW).] C. A person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide employee benefit plan that is not subject to state laws that regulate insurance. [PL 1995, c. 393, §9 (NEW).] Paragraphs A , B and C may not be used as a subterfuge to evade the requirements of subchapters III and V. [PL 1995, c. 393, §9 (NEW).]

3. Accommodations and services. Nothing in this Act may be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity or benefit that the individual chooses not to accept. [PL 1995, c. 393, §9 (NEW).]

4. Physical or mental disability. The definition of "physical or mental disability" in section 4553‑A is intended to be interpreted broadly to create greater coverage than under the federal Americans with Disabilities Act of 1990. [PL 2007, c. 385, §4 (NEW).]
5 M.R.S. § 6 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 6
5 §6. Officials have 30 days to qualify
Status: in_force

All public officers, other than judicial officers, appointed or renewed in accordance with law shall, within 30 days after being commissioned, qualify to perform the duties of their office and the certificate of qualification must be filed in the office of the Secretary of State. Any officer who fails to qualify within 30 days and file a certificate of qualification in the office of the Secretary of State within 45 days must be suspended by the Secretary of State until the defect is corrected. During this suspension, the officer may be deemed to have forfeited the appointment and the office may be declared vacant by the appointing authority and a new appointment made. [PL 2025, c. 124, §2 (AMD).]
5 M.R.S. § 17053 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17053
5 §17053. Exemption from taxation
Status: in_force

The money in the various funds created by this Part and any property owned by the retirement system are exempt from any state, county or municipal tax in the State. [PL 2017, c. 88, §9 (AMD).]
5 M.R.S. § 4602 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4602
5 §4602. Unlawful educational discrimination
Status: in_force

1. Unlawful educational discrimination. It is unlawful educational discrimination in violation of this Act, on the basis of sex, sexual orientation or gender identity, physical or mental disability, ancestry, national origin, race, color or religion, to: A. Exclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic, extracurricular, research, occupational training or other program or activity; [PL 1985, c. 797, §1 (AMD).] B. Deny a person equal opportunity in athletic programs; [PL 1983, c. 578, §3 (NEW).] C. Apply any rule concerning the actual or potential familial status or marital status of a person or to exclude any person from any program or activity because of pregnancy or related conditions or because of sex or sexual orientation or gender identity; [PL 2021, c. 366, §19 (AMD).] D. Deny a person admission to the institution or program or to fail to provide equal access to and information about an institution or program through recruitment; or [PL 2021, c. 366, §19 (AMD).] E. Deny a person financial assistance availability and opportunity. [PL 2021, c. 366, §19 (AMD).] [PL 2021, c. 366, §19 (AMD).]

2. Unlawful educational discrimination on the basis of physical or mental disability. [PL 2021, c. 366, §19 (RP).]

3. Unlawful educational discrimination on the basis of national origin or race. [PL 2021, c. 366, §19 (RP).]

4. Unlawful education discrimination on the basis of sexual orientation. [PL 2021, c. 366, §19 (RP).]

5. Application. Nothing in this section: A. Requires an educational institution to provide separate athletic or other extracurricular programs to serve a person with a physical or mental disability; [PL 2021, c. 366, §19 (NEW).] B. May be construed to affect the rights of a person with a physical or mental disability to special education programs under state or federal law; [PL 2021, c. 366, §19 (NEW).] C. Requires a religious corporation, association or society that does not receive public funding to comply with this section as it relates to sexual orientation or gender identity; or [PL 2021, c. 366, §19 (NEW).] D. Requires an educational institution to participate in or endorse any religious beliefs or practices; to the extent that an educational institution permits religious expression, it cannot discriminate between religions in so doing. [PL 2021, c. 366, §19 (NEW).] [PL 2021, c. 366, §19 (NEW).]
5 M.R.S. § 3360-A — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-A
5 §3360-A. Victims' Compensation Board established; compensation
Status: in_force

1. Establishment and membership. There is established within the Department of the Attorney General the Victims' Compensation Board. The board consists of 5 members appointed by the Attorney General. One member must be a physician licensed to practice medicine in the State; one member must be an attorney licensed to practice law in the State; one member must be experienced in working with victims of crime; and, beginning July 1, 2022, one member must be knowledgeable about insurance claims regarding property damage or replacement and one member must represent the public. [PL 2019, c. 549, §1 (AMD).]

2. Terms of appointment. The term of each member is 3 years. The Attorney General shall make initial appointments for the following terms: one member for an initial term of 3 years, one member for an initial term of 2 years and one member for an initial term of one year. When a vacancy occurs prior to the expiration of a term, the appointment to fill that vacancy is for the balance of the unexpired term. [PL 1991, c. 806, §3 (NEW).]

3. Chair. Annually, the members shall elect a chair from among the members. [PL 1991, c. 806, §3 (NEW).]

4. Compensation. Members of the board are entitled to the legislative per diem plus compensation for actual and necessary expenses. [PL 1991, c. 806, §3 (NEW).]

5. Meetings. The board may not meet more than once a month. [PL 1991, c. 806, §3 (NEW).]

6. Quorum. Two members of the board constitute a quorum and, beginning July 1, 2022, 3 members of the board constitute a quorum. [PL 2019, c. 549, §2 (AMD).]

7. Rules. The board may adopt rules pursuant to the Maine Administrative Procedure Act to carry out the purposes of this chapter and, beginning July 1, 2022, the purposes of chapter 316‑C . Rules adopted pursuant to this subsection are routine technical rules as defined by chapter 375, subchapter 2‑A . [PL 2019, c. 549, §3 (AMD).]

8. Duties. The board shall perform the duties assigned to it in this chapter and, effective July 1, 2022, the duties assigned in chapter 316‑C . [PL 2019, c. 549, §4 (NEW).]
5 M.R.S. § 3104-A — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3104-A
5 §3104-A. Powers and duties
Status: in_force

The director shall exercise the powers of the office and is responsible for the execution of the duties of the office. [PL 2019, c. 383, §5 (NEW).]

1. Duties of the director. The director shall: A. Appoint and remove the staff of the office and prescribe the duties of the staff as necessary to implement the duties of the office, including: (1) Hiring professional personnel competent by education, training and experience in the fields of economics and economic development, local and regional planning, statistics, human resources, natural resources, climate science, energy, transportation, finance, taxation, health, education and general science and policy making; and (2) Employing office assistance as necessary to support the work of the office; [PL 2019, c. 383, §5 (NEW).] B. Supervise and administer the affairs of the office and advise the Governor and other officials of State Government on matters of statewide policy planning and consult with them about policy planning and development matters and projects that affect the future of the State and its people; [PL 2019, c. 383, §5 (NEW).] C. At the request of the Governor, act for the State in the initiation of or participation in any multi-governmental agency program related to the purposes of the office; [PL 2019, c. 383, §5 (NEW).] D. At the request of the Governor, prepare and submit a budget for the office; and [PL 2019, c. 383, §5 (NEW).] E. At the request of the Governor, report on the activities of the office and, after consultation with and approval by the Governor, submit such recommendations for legislative action as are determined necessary to further the purposes of this chapter. [PL 2019, c. 383, §5 (NEW).] [PL 2019, c. 383, §5 (NEW).]

2. Duties of the office. Under the supervision of the director, the office shall: A. Provide technical assistance to the Governor in identifying intermediate and long-range goals and policies for the State and appropriate measures to achieve these goals; [PL 2019, c. 383, §5 (NEW).] B. Conduct continuing analysis of the economy, human resources, natural resources and energy resources of the State, as well as other issues as directed by the Governor; collect and collate all data and statistics relating to these matters; and assist the Governor and state departments in formulating policies and programs to achieve identified goals; [PL 2019, c. 383, §5 (NEW).] C. Participate with other states or their subdivisions in interstate policy planning and provide guidance to other state or local governments to assist their policy planning; [PL 2019, c. 383, §5 (NEW).] D. Assist the State in applying for, using and leveraging federal and private grant-making sources on issues of importance to the State; and [PL 2019, c. 383, §5 (NEW).] E. Act as a coordinating agency among departments and agencies of State Government on issues requiring multiple departments or agencies to work together to develop strategies to respond to state challenges. [PL 2019, c. 383, §5 (NEW).] [PL 2019, c. 383, §5 (NEW).]
5 M.R.S. § 13202 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13202
5 §13202. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 631, §1 (NEW).]

1. Board of directors. "Board of directors" means the board of directors of the corporation established in section 13203, subsection 4 . [PL 2021, c. 631, §1 (NEW).]

2. Bond. "Bond" means a bond or note or other evidence of indebtedness authorized under this chapter, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. [PL 2021, c. 631, §1 (NEW).]

3. Corporation. "Corporation" means the Maine Space Corporation established in section 13201 . [PL 2021, c. 631, §1 (NEW).]

4. Maine Space Complex. "Maine Space Complex" or "complex" means the Maine Space Complex established pursuant to section 13203, subsection 1 . [PL 2021, c. 631, §1 (NEW).]

5. New space economy. "New space economy" means the full range of decentralized, diversified, entrepreneurial and accessible activities and the use of resources and players across industries that create value and benefits to human beings in the course of exploring, researching, understanding, managing and using extraterrestrial space. [PL 2021, c. 631, §1 (NEW).]

6. Operating revenues. "Operating revenues" means funds available to the corporation from fees, fares and rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. [PL 2021, c. 631, §1 (NEW).]

7. Primary impact communities. "Primary impact communities" means Aroostook County, Cumberland County and Washington County. [PL 2021, c. 631, §1 (NEW).]

8. Real or personal property. "Real or personal property" means properties and assets purchased by the corporation or transferred to the corporation from federal, state, local and private entities and individuals. [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 13212 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13212
5 §13212. Confidential records
Status: in_force

The records and proceedings of the corporation are public for the purposes of Title 1, chapter 13 except as otherwise provided in this section. [PL 2025, c. 258, §6 (NEW).]

1. Definition. As used in this section, unless the context otherwise indicates, "proprietary information" means information that is: A. A trade secret; or [PL 2025, c. 258, §6 (NEW).] B. Manufacturing, commercial or financial information, the disclosure of which would: (1) Impair the competitive position of the corporation or the person submitting the information; and (2) Would make publicly available information that is not otherwise publicly available. [PL 2025, c. 258, §6 (NEW).] [PL 2025, c. 258, §6 (NEW).]

2. Information public unless designated as confidential; proprietary information. Information provided to or developed by the corporation and included in a business or marketing plan is considered a public record unless the person to whom the information belongs or pertains requests that it be designated as confidential and the corporation determines that it contains proprietary information, in which case it is not a public record under Title 1, section 402, subsection 3, paragraph A . [PL 2025, c. 258, §6 (NEW).]

3. Tax or financial information. Any financial statement or supporting data of a financial statement or tax return of any person is confidential. [PL 2025, c. 258, §6 (NEW).]

4. Credit assessment. Any record obtained by the corporation that contains an assessment of the creditworthiness, credit rating or financial condition of any person is confidential. [PL 2025, c. 258, §6 (NEW).]

This section does not prohibit the disclosure of information that is otherwise publicly available. [PL 2025, c. 258, §6 (NEW).]
5 M.R.S. § 19254 — ME Code / Title 5 / Part 23 / Chapter 502 / Section 19254
5 §19254. Rules
Status: in_force

The bureau shall adopt rules, pursuant to the Maine Administrative Procedure Act, chapter 375 , which are necessary for the implementation of this chapter including, but not limited to, program and administrative standards. [PL 1989, c. 501, Pt. P, §20 (NEW).]
5 M.R.S. § 90-P — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-P
5 §90-P. Special advocate; appointment and qualifications
Status: in_force

The Secretary of State shall appoint a special advocate to carry out the purposes of this subchapter. The special advocate shall serve at the pleasure of the Secretary of State. [PL 2011, c. 304, Pt. D, §2 (NEW).]
5 M.R.S. § 13055 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13055
5 §13055. Organization of department
Status: in_force

The department shall consist of the organizations as established in this section to fulfill the purposes and mission as stated in this chapter and in a manner consistent with the State's economic development strategy. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

1. Organizations. The department contains the following organizations: A. The Office of Business Development; [PL 2003, c. 198, §1 (AMD).] B. The Office of Tourism; [PL 2003, c. 673, Pt. M, §2 (AMD).] C. [PL 1989, c. 875, Pt. M, §§3, 13 (RP).] D. [PL 1989, c. 875, Pt. M, §§3, 13 (RP).] E. [PL 1991, c. 622, Pt. F, §7 (RP).] F. The Office of Community Development; and [PL 2003, c. 673, Pt. M, §2 (AMD).] G. The Office of Innovation. [PL 2003, c. 673, Pt. M, §2 (NEW).] [PL 2003, c. 673, Pt. M, §2 (AMD).]
5 M.R.S. § 3253 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3253
5 §3253. Duties
Status: in_force

The commission shall: [PL 2025, c. 388, Pt. D, §14 (NEW).]

1. Vision. Develop a state vision statement for national, state and community service; [PL 2025, c. 388, Pt. D, §14 (NEW).]

2. Ethic of service. Demonstrate an ethic of service through its activities, policies and procedures and annually evaluate how effectively these are fostering the state vision and service ethic; [PL 2025, c. 388, Pt. D, §14 (NEW).]

3. National and community service plan. Develop a 3-year comprehensive national and community service plan and update the plan annually. The commission shall ensure an open and inclusive process for maximum participation in development of the plan and determination of state priorities; [PL 2025, c. 388, Pt. D, §14 (NEW).]

4. Preselect programs and prepare applications. Preselect national service programs as defined in the National and Community Service Trust Act of 1993, 42 United States Code, Section 12501, et seq. and prepare a grant application to the Corporation for National and Community Service; [PL 2025, c. 388, Pt. D, §14 (NEW).]

5. Assist state education agencies. Assist the Department of Education and institutions of higher education in the preparation of applications for national and community service grants; [PL 2025, c. 388, Pt. D, §14 (NEW).]

6. Administer grant programs. Evaluate, monitor and administer grant programs; [PL 2025, c. 388, Pt. D, §14 (NEW).]

7. Provide technical assistance. Serve as a clearinghouse for information on national and community service and provide technical assistance to local nonprofit organizations and other entities in planning, applying for funds and implementing national service programs; [PL 2025, c. 388, Pt. D, §14 (NEW).]

8. Provide program development assistance and training. Provide program development assistance and training to national service programs in the State; [PL 2025, c. 388, Pt. D, §14 (NEW).]

9. Recruitment and placement. Serve as a clearinghouse for people interested in national and community service placements and agencies recruiting volunteers; [PL 2025, c. 388, Pt. D, §14 (NEW).]

10. State priorities. Make recommendations to the Corporation for National and Community Service with respect to priorities within the State for programs receiving assistance under the federal Domestic Volunteer Service Act of 1973, 42 United States Code, Section 4951, et seq. (1973); [PL 2025, c. 388, Pt. D, §14 (NEW).]

11. Coordination. Coordinate and foster collaboration among state agencies, colleges, universities, municipalities, federal agencies and volunteer service programs, including, but not limited to, coordination of and collaboration regarding the activities of the Maine Climate Corps Program established pursuant to section 3257 and related national and other climate-related service programs; [PL 2025, c. 388, Pt. D, §14 (NEW).]

12. Advisory committees. Establish advisory committees as needed, with membership not limited to commission members; [PL 2025, c. 388, Pt. D, §14 (NEW).]

13. Fundraising. Carry out fundraising efforts to supplement federal funding and to meet all federal matching requirements; [PL 2025, c. 388, Pt. D, §14 (NEW).]

14. Maine Service Fellows Program. Develop and administer the Maine Service Fellows Program under section 3256 ; and [PL 2025, c. 388, Pt. D, §14 (NEW).]

15. Annual report. Submit an annual report to the Governor, the Legislature and the joint standing committee of the Legislature having jurisdiction over state and local government matters by January 31st of each year. [PL 2025, c. 388, Pt. D, §14 (NEW).]
5 M.R.S. § 1743-C — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1743-C
5 §1743-C. Information to bidders on public improvement projects
Status: in_force

A public improvement project for the construction, altering, repairing, furnishing or equipping of a building or public works must meet the requirements of this section. [PL 1995, c. 524, §1 (NEW).]

1. Information to potential bidders. The Bureau of General Services or the procuring agency shall ensure that the bidding documents provided to potential bidders state that information concerning the availability of state subcontractors and suppliers, including women-owned businesses, is available from the Bureau of General Services or the Department of Economic and Community Development. The statement must indicate that the use of subcontractors and suppliers and women-owned businesses in the State in the procurement of its goods and services is encouraged where possible. [PL 1995, c. 524, §1 (NEW).]

2. Notice to businesses. The Bureau of General Services shall adopt policies to promote the participation by enterprises doing business in this State and residents of this State in procurement contracts where possible. Policies must include, but are not limited to, providing for the notification of enterprises doing business in this State of opportunities to participate as subcontractors and suppliers on procurement contracts in an amount estimated to be equal to or greater than $100,000. [PL 1995, c. 524, §1 (NEW).]

3. Notice to economic development organizations. The Bureau of General Services or the procuring state agency shall provide notice of all anticipated competitive contracting opportunities to an automated supplier matching service identified as appropriate by the Department of Economic and Community Development. [PL 1995, c. 524, §1 (NEW).]

4. Annual education session. The Bureau of General Services shall sponsor an annual education session on procedures to procure contracts with the State. The Bureau of General Services shall notify business enterprises in this State who have demonstrated an interest in opportunities to participate as contractors, subcontractors or suppliers on procurement contracts of the time and place of this annual education session. [PL 1995, c. 524, §1 (NEW).]

5. Annual report. On or before the first business day of July of each year, each state agency or department shall report to the Department of Economic and Community Development with information pertaining to the procurement contracts entered into in an amount equal to or greater than $50,000 by that agency or department during the previous year. The information must include the subject matter and value of the contracts, designation of each contractor as a business enterprise of this State or a foreign business enterprise, the process used to select the contractors and the status of each contract. [PL 1995, c. 524, §1 (NEW).]

6. Federal funds. The provisions in this section apply to contracts involving funds obtained from the Federal Government unless expressly prohibited by federal law or regulations adopted pursuant to those laws. [PL 1995, c. 524, §1 (NEW).]
5 M.R.S. § 176 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 176
5 §176. Confidentiality of account information
Status: in_force

1. Individual account information. Individual account information for accounts under the program, including, but not limited to, names, residential addresses, e-mail addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts contributed, is confidential and must be maintained as confidential except to the extent necessary to administer the program in a manner consistent with this chapter, the tax laws of this State and the Internal Revenue Code or unless the person who provides the information or is the subject of the information expressly agrees in writing that the information may be disclosed. [PL 2021, c. 356, §1 (NEW).]

2. Restriction on use of personal information. An individual or organization that has access to personal information of participants solely because of its contracts or agreements with the board to provide services or support to the program, including plan administration, may not use that information to market its products or services not associated with the program to participants unless the participant affirmatively consents to receive such information. [PL 2021, c. 356, §1 (NEW).]
5 M.R.S. § 1581 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1581
5 §1581. Form of appropriation bill
Status: in_force

The General Fund appropriation bill provided for in section 1664 must be drawn so as to authorize the appropriation to be made to each department or agency of the State Government for each fiscal year of the biennium. The appropriation must provide specific amounts for personal services, capital expenditures and amounts for all other departmental expenses. Appropriations for the acquisition of property must be in such detail under each department or agency as the Governor-elect or the Governor determines. Those appropriations may not be segregated in greater detail than the major classes or projects for which they are expendable during each fiscal year of the biennium. The Law and Legislative Reference Library established under Title 3, chapter 7, subchapter II must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill. [PL 1991, c. 780, Pt. EEE, §1 (AMD).]

The Reserve Fund for State House Preservation and Maintenance, established under Title 3, section 162, subsection 12‑A , must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill. [PL 1997, c. 24, Pt. FF, §3 (NEW).]

The Centers for Innovation program, established under section 13141 , must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill. [RR 2001, c. 1, §8 (COR).]

The Maine Humanities Council must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill. [PL 1999, c. 706, §2 (NEW).]

The Office of Program Evaluation and Government Accountability, established under Title 3, section 991 , must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill. [PL 2001, c. 702, §3 (NEW).]
5 M.R.S. § 12002 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12002
5 §12002. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 812, §39 (NEW).]

1. Board. "Board" means any authority, board, commission, committee, council and similar organization, including independent organizations, established or authorized by the Legislature to fulfill specific functions the members of which do not serve full time. "Board" does not include: A. Any informal advisory organization established exclusively by a state agency to advise the commissioner or director of that agency on an informal basis; [PL 1983, c. 812, §39 (NEW).] B. Any authority, board, commission, committee, council and similar organization organized or appointed exclusively by a political subdivision of the State to include regional, county and local planning boards, economic development boards or district, or educational, cultural or recreational boards; [PL 1983, c. 812, §39 (NEW).] C. Any authority, board, commission, committee, council and similar organization organized exclusively pursuant to federal law and which does not require authorization by the State; [PL 1983, c. 862, §39 (NEW).] D. Any authority, board, commission, committee, council and similar organization organized or authorized exclusively by Executive Order; [PL 1985, c. 295, §3 (AMD).] E. Special study organizations as defined in subsection 4 ; [PL 1993, c. 489, §1 (AMD).] F. A joint standing committee of the Legislature or any joint select committee, composed exclusively of Representatives and Senators; and [PL 1993, c. 489, §2 (AMD).] G. The Maine Indian Tribal-State Commission, as established in Title 30, section 6212, subsection 1 , as part of the Maine Indian Claims Settlement. [PL 1993, c. 489, §3 (NEW).] [PL 1993, c. 489, §§1-3 (AMD).]

2. Expenses. "Expenses" means travel, meals or lodging costs or other necessary costs incurred by a member of a board in the performance of the member's duties as a member of that board. Noonday meal expenses incurred while in attendance at a board meeting or hearing must be considered a reimbursable expense, but may not exceed $5 per meal. [RR 2023, c. 2, Pt. B, §86 (COR).]

3. Legislative per diem. "Legislative per diem" means the per diem authorized by Title 3, section 2 , that is paid to Legislators for every day's attendance at meetings held when the Legislature is not in daily session. For the purpose of this subsection, "legislative per diem" does not mean the compensation authorized by Title 3, section 2, that is paid to Legislators for every day's attendance at special sessions of the Legislature. [PL 1989, c. 600, Pt. B, §1 (AMD).]

3-A. Personal care expenses. "Personal care expenses" means the cost of feeding, dressing, toileting, mobility and personal hygiene assistance provided to persons who are developmentally or otherwise disabled who are members or the children of members of boards established in this chapter. [PL 2021, c. 348, §12 (AMD).]

4. Special study organization. "Special study organization" means any board established or authorized by the Legislature to undertake a study of a particular subject and which is required to complete its study during the biennium of the Legislature which created it. [PL 1983, c. 812, §39 (NEW).]
5 M.R.S. § 177 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 177
5 §177. Intergovernmental collaboration and cooperation
Status: in_force

The board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency or instrumentality of the State in order to further the successful implementation and operation of the program through the provision, receipt or other sharing of data, technical assistance, enforcement, compliance, collection and other services or assistance to the program, and all such agencies and instrumentalities shall cooperate with the board in achieving those ends. The board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency or instrumentality of the State to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the program, subject to such obligations of confidentiality as may be agreed to or required by law, or other services or assistance. The State and any agencies or instrumentalities of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information and compliance or other services or assistance to the board. The agreements or memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance. [PL 2023, c. 167, §10 (AMD).]
5 M.R.S. § 1781 — ME Code / Title 5 / Part 4 / Chapter 154 / Section 1781
5 §1781. Purpose
Status: in_force

There are a large number of state-owned facilities throughout the State, a number of which have some unused space or which are currently leasing space to organizations other than state agencies. Since some state agencies may have negotiated contracts with tenants that may violate constitutional and other statutory provisions, it is the intent of the Legislature to establish a policy governing the leasing of state-owned facilities that complies with constitutional and legal principles. [PL 1985, c. 758, §1 (NEW).]

It is the purpose of this chapter to provide for uniform procedures and a standard policy for the leasing of state-owned facilities. A decentralized procedure and many differing policies lead to confusion and misunderstanding. [PL 1985, c. 758, §1 (NEW).]
5 M.R.S. § 1706 — ME Code / Title 5 / Part 4 / Chapter 151-A / Section 1706
5 §1706. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1977, c. 378 (NEW).]

1. Federal grant application. "Federal grant application" means a request or proposal for financial assistance made by a state agency or by an employee of such an agency acting in the employee's official capacity to the United States Government, whether for a loan, grant, subsidy, augmentation, advance, reimbursement or any other form where the financial assistance will be expended by the state agency or employee acting in the employee's official capacity. "Federal grant application" includes initial requests or proposals and subsequent amendment requests or proposals. "Federal grant application" does not include federal pass-through funds that are received by the State Government and passed directly to local governments in those cases where the State is permitted no discretion with respect to disposition of the funds to local governments under the terms of the grant and federal law. [RR 2023, c. 2, Pt. B, §56 (COR).]

2. State agency. "State agency" shall mean each department and agency of State Government required to comply with chapter 149 , except that the term "state agency" shall not include the University of Maine System or the Maine Maritime Academy. [PL 1985, c. 779, §16 (AMD).]
5 M.R.S. § 4596 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4596
5 §4596. Unlawful credit extension discrimination
Status: in_force

It is unlawful credit discrimination for any creditor to refuse the extension of credit to any person solely on the basis of any one or more of the following factors: age, race, color, sex, sexual orientation or gender identity, marital status, ancestry, religion or national origin in any credit transaction. It is not unlawful credit discrimination to comply with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial institution extending credit to a married person to require both spouses to sign a note and a mortgage and to deny credit to persons under 18 years of age or to consider a person's age in determining the terms upon which credit will be extended. [RR 2023, c. 2, Pt. B, §65 (COR).]
5 M.R.S. § 1825-P — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-P
5 §1825-P. Report
Status: in_force

By January 15th of each year, the Chief Procurement Officer shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters concerning the administrative and fiscal impact of the requirement that vendors comply with the state purchasing code of conduct; the degree of voluntary compliance with the state purchasing code of conduct; the number of vendors who agreed to and the number that declined to comply with the provisions of this subchapter; and any other information relevant to the state purchasing code of conduct. [PL 2023, c. 516, Pt. B, §36 (AMD).]
5 M.R.S. § 5304 — ME Code / Title 5 / Part 14 / Chapter 341 / Section 5304
5 §5304. Appeals
Status: in_force

Any person who is aggrieved by the decision of any licensing agency in possible violation of this chapter may file a statement of complaint with the District Court designated in chapter 375 . [PL 1999, c. 547, Pt. B, §14 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
5 M.R.S. § 1591 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1591
5 §1591. Remaining balances of nonlapsing funds
Status: in_force

1. Department of Administrative and Financial Services. The Department of Administrative and Financial Services must apply: A. Any balance remaining in the Salary Plan program in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year; [PL 2025, c. 388, Pt. N, §1 (AMD).] B. Any balance remaining in the General Fund Capital, Construction, Repairs, Improvements - Administrative program in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year; [PL 2025, c. 388, Pt. N, §1 (AMD).] C. Any balance remaining in the Debt Service - Government Facilities Authority program, General Fund account in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year; and [PL 2025, c. 388, Pt. N, §1 (NEW).] D. Any balance remaining in the Central Administrative Applications program, General Fund account in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year. [PL 2025, c. 388, Pt. N, §1 (NEW).] [PL 2025, c. 388, Pt. N, §1 (AMD).]

2. Department of Health and Human Services. The Department of Health and Human Services must apply: A. Any balance remaining in the accounts of the Department of Health and Human Services appropriated for the purposes of homemaker or home-based care services at the end of any fiscal year to be carried forward for use by either program in the next fiscal year; [PL 2011, c. 657, Pt. BB, §1 (AMD).] B. Any balance remaining in the Traumatic Brain Injury Seed program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; [PL 2011, c. 655, Pt. V, §1 (AMD).] C. Any balance remaining in the General Fund account of the Department of Health and Human Services, Office of MaineCare Services program appropriated for All Other line category expenditures at the end of any fiscal year to be carried forward for use in the next fiscal year; [PL 2019, c. 343, Pt. YY, §1 (AMD).] D. Any balance remaining in the accounts of the Department of Health and Human Services, Mental Health Services - Community program appropriated for the purposes of rental assistance, shelter services and consent decree activities at the end of any fiscal year to be carried forward for use in the next fiscal year for the same purpose; [PL 2013, c. 368, Pt. MMM, §1 (AMD).] E. Any balance remaining in the Consent Decree program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; [PL 2013, c. 368, Pt. MMM, §2 (AMD).] F. Any balance remaining in the Medicaid Waiver for Brain Injury Residential/Community Services program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; [PL 2015, c. 267, Pt. VV, §1 (AMD).] G. Any balance remaining in the Medicaid Waiver for Other Related Conditions program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; [PL 2015, c. 267, Pt. VV, §2 (AMD).] H. Any balance remaining in the Bridging Rental Assistance Program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year for the same purpose; [PL 2017, c. 284, Pt. GGGGGG, §1 (AMD).] I. Any balance remaining in the Consumer-directed Services program, General Fund account at the end of any fiscal year to be carried forward for use by this program in the next fiscal year; [PL 2023, c. 412, Pt. MMMM, §1 (AMD).] J. Any balance remaining in the Office of Behavioral Health program, General Fund account at the end of any fiscal year to be carried forward for use by this program in the next fiscal year; and [PL 2023, c. 412, Pt. MMMM, §2 (AMD).] K. Any balance remaining in the Drinking Water Enforcement program, General Fund account at the end of any fiscal year to be carried forward for use by this program in the next fiscal year for the same purpose. [PL 2023, c. 412, Pt. MMMM, §3 (NEW).] [PL 2023, c. 412, Pt. MMMM, §§1-3 (AMD).]

3. Judicial branch. The judicial branch must apply: A. Any balance remaining in the debt service program of the judicial branch at the end of any fiscal year to be carried forward for use by the judicial branch in the next fiscal year. [PL 2009, c. 213, Pt. QQ, §3 (NEW).] Revisor's Note: (Subsection 3 as enacted by PL 2009, c. 213, Pt. HHH, §1 and affected by §3 is REALLOCATED TO TITLE 5, SECTION 1591, SUBSECTION 4) [PL 2009, c. 213, Pt. QQ, §3 (NEW).]

4. (REALLOCATED FROM TITLE 5, SECTION 1591, SUBSECTION 3) State Board of Corrections. [PL 2015, c. 335, §3 (RP).]

5. Executive Department. The Executive Department shall carry forward any General Fund balances remaining in the Administration - Executive - Governor's Office program, the Blaine House program, the Governor's Office of Communications program, the Office of Policy Innovation and the Future program and the Governor's Energy Office program at the end of any fiscal year for use in the next fiscal year. [PL 2019, c. 343, Pt. D, §3 (AMD).]

6. Maine Commission on Public Defense Services. Any All Other balance remaining in the Maine Commission on Public Defense Services, Maine Commission on Public Defense Services program, General Fund account at the end of any fiscal year must be carried forward for use by the commission in the next fiscal year. [PL 2023, c. 558, §6 (AMD).] Revisor's Note: (Subsection 6 as enacted by PL 2021, c. 398, Pt. EEEE, §1 is REALLOCATED TO TITLE 5, SECTION 1591, SUBSECTION 7)

7. (REALLOCATED FROM T. 5, §1591, sub-§6) Department of Defense, Veterans and Emergency Management. The Department of Defense, Veterans and Emergency Management shall carry forward any General Fund balances remaining in the Veterans' Homelessness Prevention Partnership Fund program at the end of any fiscal year for use in the next fiscal year. [PL 2021, c. 398, Pt. EEEE, §1 (NEW); RR 2021, c. 1, Pt. A, §3 (RAL).]

8. Department of Environmental Protection. Any All Other balance remaining in the Water Quality program, General Fund account in the Department of Environmental Protection at the end of any fiscal year must be carried forward for use by this program in the next fiscal year for the same purpose. [PL 2023, c. 412, Pt. MMMM, §4 (NEW).]

9. Department of Agriculture, Conservation and Forestry. Any All Other or Capital Expenditures balance remaining in the Department of Agriculture, Conservation and Forestry, Division of Forest Protection program, General Fund account at the end of any fiscal year must be carried forward for use in the next fiscal year for the same purpose. [PL 2023, c. 412, Pt. T, §1 (NEW).]
5 M.R.S. § 4601 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4601
5 §4601. Right to freedom from discrimination in education
Status: in_force

The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs, all apprenticeship and on-the-job training programs and all extracurricular activities without discrimination because of sex, sexual orientation or gender identity, a physical or mental disability, ancestry, national origin, race, color or religion is recognized and declared to be a civil right. [PL 2021, c. 366, §18 (AMD).]
5 M.R.S. § 2005 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 2005
5 §2005. Copyrights and fees
Status: in_force

Copyright or licensing restrictions may not be fixed by the geographic information board or data custodians to the information made available through the Maine Library of Geographic Information. The geographic information board may set fees for electronic copies of library data that are no more than 3 times the actual cost of reproduction. Fee schedules must be set annually and made readily available to requestors. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 883 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 883
5 §883. Administration
Status: in_force

Administration of tax-deferred arrangements under this chapter, within state agencies, departments, boards, commissions or institutions, is under the direction of the Department of Administrative and Financial Services. Each county, city, town or other political subdivision may designate an officer to administer tax-deferred arrangements. Payroll deductions must be made in each instance by the appropriate payroll officer. [PL 1997, c. 204, §4 (AMD).]
5 M.R.S. § 13090-N — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-N
5 §13090-N. Maine Office of Outdoor Recreation
Status: in_force

The Maine Office of Outdoor Recreation is established within the Office of Tourism. The head of the Maine Office of Outdoor Recreation is the director, who is responsible for strengthening the State's outdoor recreation economy and coordinating the promotion of outdoor recreational activities in the State with state agencies and the private sector. [PL 2019, c. 343, Pt. PP, §1 (NEW).]
5 M.R.S. § 4622 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4622
5 §4622. Limitations on attorneys' fees and damages; procedures
Status: in_force

1. Limitation. Attorney's fees under section 4614 and civil penal damages or compensatory and punitive damages under section 4613 may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil action, the plaintiff first filed a complaint with the commission and the commission either: A. Dismissed the case under section 4612, subsection 2 or subsection 2‑A, paragraphs A and B and D to F ; [PL 2021, c. 366, §21 (AMD).] B. Failed, within 90 days after finding reasonable grounds to believe that unlawful discrimination occurred, to enter into a conciliation agreement to which the plaintiff was a party; [PL 2003, c. 279, §1 (AMD).] C. Issued a right-to-sue letter under section 4612, subsection 6 ; or [PL 2009, c. 235, §4 (AMD).] D. Dismissed the case in error. [PL 2003, c. 279, §3 (NEW).] If the commission issued a right-to-sue letter, the plaintiff may not be awarded attorney's fees, civil penal damages or compensatory and punitive damages unless the plaintiff establishes that the plaintiff received the right-to-sue letter before filing the civil action. This subsection does not apply to or limit any remedies for civil actions filed under subchapter 5 if one or more additional causes of action are alleged in the same civil action that do not require exhaustion of administrative remedies or subchapter 4 if the allegations are covered by the federal Fair Housing Act, 42 United States Code, Chapter 45. [PL 2023, c. 255, §2 (AMD).]

2. Advancement on docket; priority. If the plaintiff alleges and establishes that the conditions of subsection 1 have been met, the action may also be advanced on the docket and given priority over other civil actions. [PL 1981, c. 255, §4 (NEW).]
5 M.R.S. § 8-D — ME Code / Title 5 / Part 1 / Chapter 1 / Section 8-D
5 §8-D. Income
Status: in_force

Any income derived from the operation of housing or food facilities, or both, under sections 8‑B and 8‑C , shall accrue to whatever fund pays for such facilities, unless otherwise provided for by statute; if it is a General Fund account, the income shall accrue to General Fund; if it is a special revenue account, the income shall accrue to that account. [PL 1975, c. 777, §5 (AMD).]
5 M.R.S. § 8-I — ME Code / Title 5 / Part 1 / Chapter 1 / Section 8-I
5 §8-I. Fees and receipts
Status: in_force

All fees, charges, emoluments and other receipts of whatever nature, which may be payable to any state official or employee, excepting their lawful salaries and expenses properly payable to them, shall be credited to the General Fund or special revenue accounts as appropriate and no state official or employee shall directly or indirectly receive a private benefit or gain from the sale or distribution of any material, information or reports from state records. This section shall not apply to the sale of transcripts to the public by hearings reporters and official court reporters. [PL 1973, c. 427 (NEW).]

This section does not apply to the compensation of state employees appointed to boards and commissions in this State. State employees and other members of state boards and commissions shall be governed by chapter 379 . [PL 1985, c. 295, §1 (NEW).]
5 M.R.S. § 13106 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13106
5 §13106. Science and technology plan
Status: in_force

The office shall develop and submit the following to the Governor and the Legislature by the first day of the first legislative session of each biennium: [PL 2003, c. 673, Pt. M, §8 (NEW).]

1. Action plan. [PL 2007, c. 420, §3 (AMD); MRSA T. 5 §13106, sub-§1 (RP).]

2. Report card. A report card that: A. Compares the State's science and technology infrastructure standing to that of other states, based on the results of all independent organizations or reports that make such comparisons and on any other appropriate comparisons as determined by the office and those agencies with which the office is directed by this section to consult; [PL 2003, c. 673, Pt. M, §8 (NEW).] B. Assesses the performance of the State and those who receive state funds in meeting the goals and objectives and taking the action steps outlined in the action plan; and [PL 2003, c. 673, Pt. M, §8 (NEW).] C. Makes recommendations for improving the results shown on the report card. [PL 2003, c. 673, Pt. M, §8 (NEW).] [PL 2003, c. 673, Pt. M, §8 (NEW).]
5 M.R.S. § 1751 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1751
5 §1751. Employment of a clerk-of-the-works
Status: in_force

A clerk-of-the-works must be employed to assist in the inspection of the construction of a public improvement when directed by the director. The clerk shall report directly to the professional architect-engineer of record for the project. In addition, the clerk shall provide a report of all correspondence sent or received by the clerk to the owner. The budget for the public improvement must include funding for the clerk. The clerk must be hired through an open advertising and interview process by the owner and the architect-engineer. The clerk candidate recommended by the architect-engineer is subject to approval by both the owner and the director before being hired. The architect-engineer may terminate or impose disciplinary action on the clerk after consultation with the owner. The clerk must possess qualifications of education and experience in construction technology and administration compatible with the needs of the public improvement. The director may adopt rules relative to this section. [PL 1993, c. 606, §1 (AMD).]
5 M.R.S. § 8063-B — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8063-B
5 §8063-B. Identification of primary source of information
Status: in_force

For every rule proposed by an agency, except for emergency rules, the agency shall file with the Secretary of State citations for up to 3 primary sources of information relied upon by the agency in developing the proposed rule. The agency shall include that information with a copy of the proposed rule when responding to a request under section 8053, subsection 3‑A . Professional judgment may be cited as one of those primary sources of information. Citations to primary sources of information are not subject to judicial review. [PL 2011, c. 304, Pt. E, §2 (NEW).]
5 M.R.S. § 1811 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1811
5 §1811. Powers and duties
Status: in_force

The Department of Administrative and Financial Services, through the Bureau of General Services, has authority: [PL 1991, c. 780, Pt. Y, §61 (AMD).]

1. Purchases. To purchase all services, supplies, materials and equipment required by the State Government or by any department or agency thereof, subject to chapters 141 to 155 ; A. The Director of the Bureau of General Services may establish dates by which departments and agencies of State Government must order standard forms that each department or agency requires, and to determine the quantity of each standard form to be printed in order to obtain savings resulting from volume purchasing; [PL 1991, c. 780, Pt. Y, §62 (AMD).] [PL 1991, c. 780, Pt. Y, §62 (AMD).]

2. Specifications. To adopt and enforce, subject to chapters 141 to 155 , specifications which shall apply to services, supplies, materials and equipment purchased for the use of the State Government or any department or agency thereof;

3. Postal service. [PL 2005, c. 386, Pt. H, §2 (RP).]

4. Central duplicating service. [PL 2005, c. 386, Pt. H, §3 (RP).]

5. Storerooms. [PL 2005, c. 386, Pt. H, §4 (RP).]

6. Surplus property. [PL 2005, c. 386, Pt. H, §5 (RP).]

7. Central mailing room. [PL 2005, c. 386, Pt. H, §6 (RP).]

8. Cooperative purchasing. To permit any political subdivision or school administrative district in the State or nonprofit free health care clinic that provides free primary or preventative services to make purchases of foodstuffs, materials, equipment and supplies through the Bureau of General Services, subject to such procedures, rules and regulations as may be prescribed by the director. This subsection applies to a municipality notwithstanding any provision in its municipal charter to the contrary; [PL 2005, c. 12, Pt. T, §8 (AMD).]

9. Central Motor Pool. [PL 2005, c. 386, Pt. H, §7 (RP).]

10. Equipment to be reviewed. To choose a designee to conduct a thorough review of all types of equipment, including automobiles, pickups and vans, owned, leased or otherwise available to the departments and agencies of the State, regardless of the source of supporting funds, and to make recommendations via the budgetary process for combining the uses of the equipment, providing centralized facilities or eliminating existing equipment and facilities, as believed to be most economical and efficient for the State. The department may also develop and institute review and control mechanisms considered necessary to ensure that capital equipment purchases authorized by the Legislature are consistent with the intent for which funds were recommended and made available; and [PL 2005, c. 12, Pt. T, §10 (NEW).]

11. Motor vehicle replacement policy. To require that requisitions for replacement motor vehicles include the age and total mileage of the motor vehicles being replaced. For the purposes of this subsection, "motor vehicles" means passenger cars and panel and pickup trucks, excluding those vehicles authorized and assigned for pursuit purposes. Under no circumstances are any state vehicles to be used for commuting purposes. It is the intent of the Legislature that motor vehicles be in service for at least 5 years or 75,000 miles, whichever occurs first, before they are replaced. This policy must also be adopted by the State Budget Officer when preparing a budget document. Exceptions to this replacement policy require the prior approval of the Commissioner of Administrative and Financial Services. The Commissioner of Administrative and Financial Services may also set appropriate standards with regard to motor vehicle type, size and equipment and direct that all motor vehicles be purchased in accordance with a commodity calendar established by the Director of the Bureau of General Services. [PL 2005, c. 12, Pt. T, §10 (NEW).]
5 M.R.S. § 2004 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 2004
5 §2004. Liability
Status: in_force

The geographic information board and any of the parties submitting data to the Maine Library of Geographic Information for public use may not be held liable for any use of those data. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 13061 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13061
5 §13061. Office established
Status: in_force

The commissioner shall establish the Office of Business Development. This office shall encourage the initiation, expansion and location of businesses in Maine which would expand quality employment opportunities for Maine citizens. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]

The Office of Business Development shall encourage business by removing barriers to growth, facilitating exploration of opportunities and providing assistance necessary to enhance business consistent with the State's economic development strategy. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]
5 M.R.S. § 1660-F — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-F
5 §1660-F. Standard accounting practices
Status: in_force

The commissioner shall adopt rules no later than 180 days after July 3, 1995 that must contain the requirements for the state report for the department and, at a minimum, the following requirements. [RR 1997, c. 2, §9 (COR).]

1. Accounting systems and reporting. Community agencies shall maintain an accounting system in accordance with rules adopted by the commissioner. The rules must require annual financial reporting to the department. The annual reporting requirements and the related dollar thresholds of accountability are as follows. A. If the community agency expends less than $100,000, the agency shall comply with the terms of financial reporting contained in the individual social service agreements with the department. [PL 2021, c. 10, §3 (AMD).] A-1. If the community agency expends between $100,000 and $500,000, the agency shall have an entitywide review of its financial statements and agreement supplemental schedules conducted by a qualified independent public accountant. [PL 2021, c. 10, §4 (NEW).] B. If the community agency expends $500,000 or more of agreement funding from the department, the agency must have an entitywide financial and compliance audit of the agency's financial statements and agreement supplemental schedules prepared by a qualified independent public accountant in accordance with the reporting requirements for the department and comply with the terms of financial reporting contained in the individual social service agreements with the department. [PL 2005, c. 519, Pt. SS, §2 (AMD).] [PL 2021, c. 10, §§3, 4 (AMD).]

2. Internal control structures. A community agency shall maintain and utilize internal control structures adequate to provide reasonable assurance that federal, state and other funds are managed and expended in compliance with applicable laws, rules and agreement terms. [PL 1995, c. 402, Pt. C, §2 (NEW).]

3. Access to records. A community agency shall permit independent private and governmental auditors to have access to the agency's records and financial statements to ensure compliance with applicable laws, rules and agreement terms. [PL 1995, c. 402, Pt. C, §2 (NEW).]

4. Record retention. A community agency shall retain accounting and operational records for at least 3 years after expiration of the agency's fiscal year or longer if required by circumstances such as appeals or litigation. [PL 1995, c. 402, Pt. C, §2 (NEW).]
5 M.R.S. § 302 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 302
5 §302. Submission of plan to Legislature
Status: in_force

The commission shall submit the completed plan to the Legislature for adoption as the official state master plan for the development of state buildings and grounds in the Capitol Area. From time to time the commission may submit such additions and amendments as it deems necessary to the Legislature for adoption and inclusion in the official state master plan for the development of state buildings and grounds in the Capitol Area. [PL 1975, c. 647, §4 (AMD).]
5 M.R.S. § 131-B — ME Code / Title 5 / Part 1 / Chapter 7 / Section 131-B
5 §131-B. Interfund transfers
Status: in_force

In order that state obligations may be paid as they come due, the State Treasurer may request the State Controller to transfer funds on deposit among the various funds in the cash pool of State Government by journal entry in such manner as to best manage the available funds to meet current obligations of the various funds and accounts. [PL 2005, c. 386, Pt. CC, §1 (NEW).]
5 M.R.S. § 17805 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17805
5 §17805. Remarriage after retirement
Status: in_force

If the recipient of a reduced service retirement benefit under section 17804, subsection 3 , 4 , 5‑A or 5‑B remarries after the recipient's spouse dies the following provisions apply. [PL 2001, c. 118, §5 (AMD).]

1. Election of benefit for new spouse. The recipient may elect to have the reduced retirement benefit paid under the same option to the new spouse after the recipient's death instead of continuing the original reduced retirement benefit to the recipient during the recipient's lifetime, under the following conditions: A. The original spouse must have been the sole beneficiary of the reduced retirement benefit under section 17804, subsection 3 , 4 , 5‑A or 5‑B ; and [PL 1999, c. 744, §10 (AMD); PL 1999, c. 744, §17 (AFF).] B. [PL 1987, c. 612, §2 (RP).] C. [PL 1987, c. 612, §3 (RP).] D. The recipient must have been married to the new spouse for at least 6 months. [PL 1987, c. 612, §4 (NEW).] [RR 2023, c. 2, Pt. B, §112 (COR).]

2. Time and manner of election. The recipient may make the election at any time after the death of the original spouse and remarriage to the new spouse by: A. Sending a written request to the chief executive officer; and [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] B. [PL 1987, c. 612, §5 (RP).] C. Submitting evidence of the death of the former spouse and date of marriage to the new spouse. [PL 1987, c. 612, §5 (NEW).] [PL 1987, c. 612, §5 (AMD); PL 2021, c. 548, §45 (REV).]

3. Amount of benefit. The amount of the benefit payable under the option elected shall be the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement benefit the recipient has been receiving. [PL 1985, c. 801, §§5, 7 (NEW).]

4. Effective date of coverage of the new spouse. The effective date of the designation of the new spouse as the recipient's new beneficiary will be the date the request is received or 6 months after the date of remarriage, whichever comes later. The recipient's retirement benefit shall be adjusted on the first day of the month following the effective date of the new designation of beneficiary. [PL 1987, c. 612, §6 (NEW).]
5 M.R.S. § 475 — ME Code / Title 5 / Part 1 / Chapter 20 / Section 475
5 §475. Conditions of employment
Status: in_force

1. Temporary unclassified service. Interns are considered temporary, unclassified employees of the county and local governments. The employing county or local government office may discharge an intern for cause with one week's advance notice to the intern and the center. The center may reassign an intern or release the intern from the program with one week's advance notice to the intern and the office when it is considered in the best interest of the program. [PL 2005, c. 656, §1 (NEW).]

2. Salary. The center shall determine from time to time an appropriate minimum salary for interns, which must be paid by the participating county and local government offices. The center may negotiate the placement of an intern within county or local government and, to further the purposes of the intern program, may make funds from this chapter available to the intern. [PL 2005, c. 656, §1 (NEW).]

3. Internship training. Participating county or local government offices shall release intern personnel to participate in paid orientation or training activities planned by the center as part of the internship program. [PL 2005, c. 656, §1 (NEW).]
5 M.R.S. § 107 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 107
5 §107. Termination of listing of commercial clerk or commercial registered agent
Status: in_force

1. Contents of statement. A commercial clerk or commercial registered agent may terminate its listing as a commercial clerk or commercial registered agent by filing with the Secretary of State a commercial clerk or commercial registered agent termination statement signed by or on behalf of the agent that states: A. The name of the agent as currently listed under section 106 ; [PL 2007, c. 535, Pt. B, §1 (AMD).] B. That the agent is no longer in the business of serving as a commercial clerk or commercial registered agent in this State; and [PL 2007, c. 535, Pt. B, §1 (AMD).] C. The name and address of the person to whom the commercial clerk or commercial registered agent sends the notice required by subsection 3 . [PL 2007, c. 535, Pt. B, §1 (NEW).] [PL 2007, c. 535, Pt. B, §1 (AMD).]

2. Effective date. A commercial clerk or commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Notice. The commercial clerk or commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial clerk or commercial registered agent termination statement. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Effect of termination. When a commercial clerk or commercial registered agent termination statement takes effect, the clerk or registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial clerk or commercial registered agent appoints a new clerk or registered agent, service of process may be made on the entity as provided in section 113 . Termination of the listing of a commercial clerk or commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 1825-I — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-I
5 §1825-I. Consultants
Status: in_force

While under contract or working pursuant to a grant with the State, a consultant may use state facilities and state property only for the project or projects to which a contract or grant applies. [PL 2015, c. 179, §8 (AMD).]
5 M.R.S. § 25003 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25003
5 §25003. Term of office
Status: in_force

Members of the commission are appointed for 2‑year terms. A member may serve multiple terms. [PL 2019, c. 457, §2 (NEW).]

Members of the commission may serve after the expiration of their terms until their successors have taken office. The Governor, the President of the Senate and the Speaker of the House may terminate the membership of their respective appointees for good cause. The reason for the termination must be communicated in writing to a member whose membership is terminated. The membership of any member of the commission must be terminated if the member is absent from 3 consecutive meetings without communicating good cause to a chair of the commission. [PL 2019, c. 457, §2 (NEW).]
5 M.R.S. § 1994 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1994
5 §1994. Intergovernmental cooperation and assistance
Status: in_force

The administrator, with the approval of the Chief Information Officer, may enter into such agreements with other agencies and organizations as will promote the objectives of this subchapter and accept funds from public and private organizations to be expended for purposes consistent with this subchapter. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 8-E — ME Code / Title 5 / Part 1 / Chapter 1 / Section 8-E
5 §8-E. Domestic service
Status: in_force

No employee of the State of Maine shall be assigned to perform routine housekeeping, food preparation or other chores for employees assigned to and living in housing facilities owned by the State of Maine. This is not intended, however, to prevent bona fide domestic training programs wherein various patients and others in state institutions of Maine are trained for increased employment opportunities. [PL 1971, c. 588 (NEW).]
5 M.R.S. § 18305-B — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18305-B
5 §18305-B. Continued eligibility to purchase service credit
Status: in_force

A member whose membership date is prior to August 1, 2010, and who was eligible to purchase service credit under former section 18305 or 18305-A prior to August 1, 2010, retains eligibility to purchase that service credit under the conditions of those sections as in effect prior to repeal. [PL 2009, c. 474, §39 (NEW).]
5 M.R.S. § 17760 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17760
5 §17760. Service in the armed forces
Status: in_force

Service credit for service in the United States Armed Forces is governed as follows. [PL 2003, c. 693, §3 (AMD).]

1. Service after becoming a member. A member is entitled to service credit for the period of time during which the member's membership is continued under section 17655, subsection 1 , under the following terms and conditions. Except as provided in paragraph B , service credit under this subsection is limited to 5 years. A. A member who is otherwise entitled to service credit for military leave may not be deprived of these credits if the member's return to membership service is delayed beyond 90 days after the member's separation from the service in the Armed Forces of the United States, under conditions other than dishonorable, if the delay is caused by an illness or disability incurred in the service in the armed forces. [PL 2003, c. 387, §3 (AMD).] B. A member may not receive service credit for military leave beyond the end of the period of first enlistment or induction or beyond 5 years from the date of original call to active duty in the armed forces, whichever is less, unless: (1) The member's return to active duty in the armed forces or the extension of the period of service beyond 5 years is required by some mandatory provision; and (2) The person presents proof of the return to or extension of service satisfactory to the board. [PL 2003, c. 387, §3 (AMD).] [PL 2003, c. 693, §3 (AMD).]

2. Service before becoming a member. [PL 2003, c. 693, §3 (RP).]

3. Service before becoming member. A member who served as a full-time active duty member of the United States Armed Forces before becoming a member and who separated from the armed forces under conditions other than dishonorable is entitled under this subsection to purchase service credit for the period of time that the member served in the armed forces by complying with the terms and conditions of this subsection and the applicable provisions of subsection 4 or 5 . Service credit under this subsection is limited to 4 years. A. A member may purchase service credit at the cost set forth in subsection 4 if the member has at least 15 years of creditable service at the time of retirement, the member makes payment as required under subsection 4 and the member: (1) Began membership prior to January 1, 1976; (2) Served in the United States Armed Forces during any federally recognized period of conflict; or (3) Was awarded an Armed Forces Expeditionary Medal, a Combat Action Ribbon, a Combat Infantry Badge or any other campaign or expeditionary medal and the receipt of such a medal would allow the member to be considered "preference eligible" under 5 United States Code, Section 2108(3)(A). A member described in this subparagraph is entitled to purchase service credit at the cost set forth in subsection 4 only if a cost subsidy for that member's service credit has been paid to the State Employee and Teacher Retirement Program as provided in subsection 6 . [PL 2021, c. 548, §20 (AMD).] B. A member may purchase service credit at the cost set forth in subsection 5 if the member has at least 5 years of creditable service at the time of retirement and the member makes payment as required under subsection 5 . [PL 2003, c. 693, §3 (NEW).] C. For purposes of this subsection, "federally recognized period of conflict" means World War I, April 6, 1917 to November 11, 1918 or to March 31, 1920 if service was in Russia; World War II, December 7, 1941 to December 31, 1946; the Korean Conflict, June 27, 1950 to January 31, 1955; the Vietnam War, August 5, 1964 to May 7, 1975 and the period beginning on February 28, 1961 and ending on May 7, 1975 in the case of a veteran who served in the Republic of Vietnam during that period; and the Persian Gulf War, August 7, 1990 to the date that the United States Government recognizes as the end of the Persian Gulf War. [PL 2003, c. 693, §3 (NEW).] [PL 2021, c. 548, §20 (AMD).]

4. Members qualified for credit at subsidized cost. A member qualified under subsection 3 to purchase service credit at the cost set forth in this subsection is entitled to service credit upon payment of back contributions under section 17713, subsection 2 . Upon complete payment of back contributions, the member must be granted service credit for the period of time for which payment is made. Upon making partial payment, the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 2003, c. 693, §3 (NEW).]

5. Members qualified for credit at actuarial cost. A member qualified under subsection 3 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays into the Members' Contribution Fund an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. A. Payment must be made before any retirement benefit becomes effective for that member. [PL 2003, c. 693, §3 (NEW).] B. Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 17701, subsection 4 . [PL 2003, c. 693, §3 (NEW).] C. A person who purchases service credit under this subsection and who subsequently, without inclusion of the purchased service credit and prior to retirement, becomes qualified for service credit at the cost set forth in subsection 4 is entitled to purchase the service credit under section 17713, subsection 2 and to receive a refund of the amount paid under this subsection that exceeds the cost to purchase the service credit under section 17713 . A person who would have been qualified to purchase service credit under subsection 4 prior to retirement if a timely appropriation had been made under subsection 6 is entitled to a refund under this subsection even if the person becomes qualified after retirement. [PL 2003, c. 693, §3 (NEW).] [PL 2003, c. 693, §3 (NEW).]

6. Cost subsidy for certain award recipients; annual report. A recipient of an award described in subsection 3, paragraph A , subparagraph (3) may purchase service credit at a subsidized cost under subsection 4 only if the retirement system has received an appropriation of the difference between the actuarial cost of that member's service credit and the amount to be paid by the member under subsection 4 . A. The retirement system shall annually, by February 15th, report to the joint standing committee of the Legislature having jurisdiction over retirement matters and the joint standing committee of the Legislature having jurisdiction over appropriations matters: (1) The amount, if any, in the account maintained for the purposes of this subsection; (2) The cost to subsidize the purchase of service credit under this subsection for members who applied and were determined eligible in the calendar year immediately preceding the report; and (3) The cost to subsidize the purchase of service credit under this subsection for members who applied and were determined eligible in each of the calendar years before the immediately preceding calendar year for which full appropriations were not made. [PL 2003, c. 693, §3 (NEW).] B. In response to the report described in paragraph A , the joint standing committee of the Legislature having jurisdiction over retirement matters may report out legislation appropriating funds for all or a part of the costs set forth in the report. [PL 2003, c. 693, §3 (NEW).] C. The retirement system shall maintain a separate account for funds appropriated for the purposes of this subsection. When the account contains sufficient funds to subsidize the purchase of service credit for all members who applied and were determined to be eligible in a particular calendar year, the retirement system shall allow that group of members to make purchases. Funds in the account must be applied to the earliest calendar year for which members remain who are eligible but have not yet been able to make purchases. [PL 2003, c. 693, §3 (NEW).] D. If funds are appropriated under paragraph B to subsidize the purchase of service credit for specific members, and those members either decline to purchase service credit or are able to purchase the service credit without subsidy, the unused funds must be applied in accordance with paragraph C . [PL 2017, c. 88, §21 (NEW).] [PL 2017, c. 88, §21 (AMD).]
5 M.R.S. § 20005 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20005
5 §20005. Powers and duties
Status: in_force

The department shall: [PL 2011, c. 657, Pt. AA, §16 (AMD).]

1. State Government. Establish the overall plans, policies, objectives and priorities for all state substance use disorder prevention, treatment and recovery functions, except the prevention of drug traffic and the State Employee Assistance Program established pursuant to Title 22, chapter 254‑A ; [PL 2019, c. 524, §7 (AMD).]

2. Comprehensive plan. Develop and provide for the implementation of a comprehensive state plan for substance use disorder. Any plan developed by the department must be subject to public hearing prior to implementation; [PL 2017, c. 407, Pt. A, §25 (AMD).]

3. Information. Ensure the collection, analysis and dissemination of information for planning and evaluation of substance use disorder services; [PL 2017, c. 407, Pt. A, §25 (AMD).]

4. Coordination; organizational unit. Ensure that substance use disorder assistance and service are delivered in an efficient and coordinated program and, with the oversight of the commission, coordinate all programs and activities authorized by the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982), as amended, and by the Drug Abuse Office and Treatment Act of 1972, 21 United States Code, Section 1101 et seq. (1982), as amended; and other state or federal programs or laws related to substance use disorder prevention that are not the specific responsibility of another state agency under federal or state law; [PL 2017, c. 407, Pt. A, §25 (AMD).]

5. Budget. Develop and submit to the Legislature by January 15th of the first year of each legislative biennium recommendations for continuing and supplemental allocations, deappropriations or reduced allocations and appropriations from all funding sources for all state substance use disorder programs. The department shall make final recommendations to the Governor before any substance use disorder funds are appropriated or deappropriated in the Governor's proposed budget. The department shall formulate all budgetary recommendations for the Driver Education and Evaluation Programs with the advice, consultation and full participation of the chief executive officer of the Driver Education and Evaluation Programs. Notwithstanding any other provision of law, funding appropriated and allocated by the Legislature for the department for substance use disorder prevention, treatment and recovery is restricted solely to that use and may not be used for other expenses of the department. By January 15th of each year, the commissioner or the commissioner's designee shall deliver a report of the budget and expenditures of the department for substance use disorder prevention, treatment and recovery to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and human resource matters; [PL 2019, c. 524, §8 (AMD).]

6. Contracts and licensing. Through the commissioner: A. Administer all contracts with community service providers for the delivery of substance use disorder services; [PL 2017, c. 407, Pt. A, §25 (AMD).] A-1. Administer all contracts with community service providers for the delivery of gambling addiction counseling services; and [PL 2007, c. 116, §4 (NEW).] B. Establish operating and treatment standards and inspect and issue certificates of approval for approved treatment facilities, substance use disorder treatment facilities or programs, including residential treatment centers, community-based service providers and facilities that are private nonmedical institutions pursuant to section 20024 and subchapter 5 . [PL 2017, c. 407, Pt. A, §25 (AMD).] C. [PL 1995, c. 560, Pt. L, §5 (RP); PL 1995, c. 560, Pt. L, §16 (AFF).] The commissioner may delegate contract and licensing duties under this subsection to the Department of Corrections as long as that delegation ensures that contracting for substance use disorder services provided in community settings is consolidated within the department, that contracting for substance use disorder services delivered within correctional facilities is consolidated within the Department of Corrections and that contracting for substance use disorder services delivered within mental health facilities or as a component of programs serving persons with intellectual disabilities or autism is consolidated within the department. The commissioner may not delegate contract and licensing duties if that delegation results in increased administrative costs. The commissioner may not issue requests for proposals for existing contract services until the commissioner has adopted rules in accordance with the Maine Administrative Procedure Act to ensure that the reasons for which existing services are placed out for bid and the performance standards and manner in which compliance is evaluated are specified and that any change in provider is accomplished in a manner that fully protects the consumer of services. The commissioner shall establish a procedure to obtain assistance and advice from consumers of substance use disorder services regarding the selection of contractors when requests for proposals are issued; [PL 2017, c. 407, Pt. A, §25 (AMD).]

6-A. Contract award and renewal. Award a new contract through a request-for-proposal procedure. Any contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal procedure at least every 8 years, except for the following. A. A renewal contract with a provider is not subject to the request-for-proposal procedure requirement if the contract granted under this subsection is performance based. [PL 1997, c. 381, §1 (NEW).] B. Notwithstanding paragraph A , the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph C . [PL 1997, c. 381, §1 (NEW).] C. A contract under this subsection that is subject to renewal must be awarded through a request-for-proposal procedure if the department determines that: (1) The provider has breached the existing contract; (2) The provider has failed to correct deficiencies cited by the department; (3) The provider is inefficient or ineffective in the delivery of services and is unable to improve its performance within a reasonable time; or (4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department; [PL 1997, c. 381, §1 (NEW).] [PL 1997, c. 381, §1 (NEW).]

6-B. Consumer assistance and advice. Establish a procedure to obtain assistance and advice from consumers of substance use disorder services regarding the selection of contractors when requests-for-proposals are issued. [PL 2017, c. 407, Pt. A, §25 (AMD).]

7. Uniform requirements. Develop, use and require the use of uniform contracting, information gathering and reporting formats by any state-funded substance use disorder programs. Contracting standards must include measurable performance-based criteria on which funding allocations are, in part, based; [PL 2017, c. 407, Pt. A, §25 (AMD).]

8. Reports. By January 15th of each year, report to the Legislature on the accomplishments of the past year's programs, the progress toward obtaining goals and objectives of the comprehensive state plan and other necessary or desirable information; [PL 1989, c. 934, Pt. A, §3 (NEW).]

9. Funds. Have the authority to seek and receive funds from the Federal Government and private sources to further the purposes of this Act; [PL 1989, c. 934, Pt. A, §3 (NEW).]

10. Agreements. Enter into agreements necessary or incidental to the purposes of this Act; [PL 1989, c. 934, Pt. A, §3 (NEW).]

11. Cooperation. Provide support and guidance to individuals, local governments, public organizations and private organizations in their substance use disorder prevention activities; [PL 2017, c. 407, Pt. A, §25 (AMD).]

12. Rules. Adopt rules, in accordance with the Maine Administrative Procedure Act, necessary to carry out the purposes of this chapter and approve any rules adopted by state agencies for the purpose of implementing substance use disorder prevention, treatment and recovery programs. All state agencies must comply with rules adopted by the department regarding uniform alcohol and other drug use contracting requirements, formats, schedules, data collection and reporting requirements; [PL 2019, c. 524, §9 (AMD).]

12-A. Training programs. Provide or assist in the provision of training programs for all persons in the field of treating persons with substance use disorder, persons engaged in the prevention of substance use disorder or any other organization or individual in need of or requesting training or other educational information related to substance use disorder; [PL 2017, c. 407, Pt. A, §25 (AMD).]

12-B. Motor vehicle operator programs. Administer and oversee the operation of the State's programs related to the use of alcohol by motor vehicle operators; [PL 2017, c. 407, Pt. A, §25 (AMD).]

13. General authority. Perform other acts or exercise any other powers necessary or convenient to carry out the purposes of this chapter; [PL 1993, c. 410, Pt. LL, §9 (AMD).]

14. Interdepartmental cooperation. Document to the Legislature's satisfaction active participation and cooperation between the department and the other departments with which it works through the commission; [PL 2011, c. 657, Pt. AA, §21 (AMD).]

15. Public input. Document an active, aggressive effort to obtain client and public input on its decision-making process through public hearings and other activities conducted by the commission; [PL 1993, c. 410, Pt. LL, §10 (NEW).]

16. Substance use disorder services plan. Plan for those services funded directly by the department and those additional services determined by the commission to be critical and related; [PL 2017, c. 407, Pt. A, §25 (AMD).]

17. Program services assessment and implementation. Analyze the existing services system, including the prevention services offered within the State's public school systems, identify gaps, strengths and weaknesses in the current services, identify priorities for expanding or revising the existing services and develop a specific plan to accomplish the most critical changes that are needed; [PL 1993, c. 410, Pt. LL, §10 (NEW).]

18. Comprehensive training strategy. Establish a comprehensive training strategy designed to develop the capacity of front-line staff in direct human services positions, including appropriate state agency staff, to recognize, assess and refer chemically dependent clients for appropriate treatment; [PL 1993, c. 410, Pt. LL, §10 (NEW).]

19. Fiscal and program accountability. Enhance its current efforts to ensure fiscal and program accountability for the services it purchases and provides; and [PL 2019, c. 398, §1 (AMD).]

20. Review policies. Review the full range of public policies and strategies existing in State Government to identify changes that would strengthen its response, identify policies that might discourage excessive consumption of alcohol and other drugs and generate new funding for alcohol and other drug services; [PL 2019, c. 398, §1 (AMD); PL 2019, c. 524, §10 (AMD).]

21. List of banned performance-enhancing substances. Develop and maintain a list of banned performance-enhancing substances in accordance with Title 20‑A, section 6621 ; [PL 2023, c. 412, Pt. WWW, §1 (AMD).]

22. Certification of recovery residences. Establish by rule criteria for the certification of recovery residences. The criteria for the certification of recovery residences must be based on criteria for recovery residences developed by a nationally recognized organization that supports persons recovering from substance use disorder. Certification of a recovery residence pursuant to this subsection is voluntary. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A ; and [PL 2023, c. 412, Pt. WWW, §2 (AMD).]

23. Treatment center. Establish one treatment center for substance use disorder treatment that, at a minimum, offers mental health and crisis stabilization services offered by the crisis receiving center in Portland and aligned with United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration standards for crisis care and the standards for crisis care of a national association of state mental health program directors. The treatment center must be located in Kennebec County. The treatment center may have at least 10 beds and offer medically managed withdrawal services. Services offered by the treatment center must be available to all individuals regardless of insurance. The treatment center established pursuant to this subsection shall provide: A. A receiving center that is open 24 hours per day, 7 days per week to provide low-barrier walk-in access to behavioral health services, including substance use disorder treatment, while a patient waits for access to a higher level of care; [PL 2023, c. 643, Pt. QQQ, §1 (AMD).] B. [PL 2023, c. 643, Pt. QQQ, §1 (RP).] C. Access to medication to treat substance use disorder, including medication approved by the United States Food and Drug Administration; and [PL 2023, c. 643, Pt. QQQ, §1 (AMD).] D. Referral to and coordination with services, including but not limited to local recovery centers, hypodermic apparatus exchange programs and recovery residences. [PL 2023, c. 643, Pt. QQQ, §1 (AMD).] No later than February 1, 2025 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the number of people served, the types of services provided, the attempts made at community outreach and any recommendations relating to the services provided by the treatment center. [PL 2023, c. 643, Pt. QQQ, §1 (AMD).]
5 M.R.S. § 13090-E — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-E
5 §13090-E. Tourism marketing and development strategy (REALLOCATED FROM TITLE 5, SECTION 13080-Q)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 13080-Q)

1. Development. The Office of Tourism with input from the tourism industry shall develop a 5-year marketing and development strategy for state tourism growth that maximizes the effectiveness of state and private sector contributions in attracting visitors to the State and increasing tourism-based revenues. The strategy must incorporate components of direct marketing in maintenance and primary markets, matching grants programs, trade markets, regional development and research. [PL 2011, c. 563, §5 (AMD).]

2. Administration. The Office of Tourism shall administer the components of the strategy after development. Administration includes development of new markets, creation of an image of the State to entice visitor inquiries and provision of appropriate technical assistance and response mechanisms. The Office of Tourism shall support staffing of the visitor information centers and fulfill tourism information requests and shall work in partnership with the tourism industry in the State in administering the strategy. The Office of Tourism shall seek direct input and consultation from the tourism industry on the Office of Tourism's marketing and promotional plans and collaborate with tourism regions and industry sectors to accomplish the goals identified in the marketing and promotional plans and the marketing and development strategy required under subsection 1 , including, but not limited to, the outdoor recreation industry, the lodging industry, the restaurant industry, representatives of large landowners, campground organizations, the transportation industry, the retail industry, cultural organizations, tourism destination marketing organizations, private businesses, statewide tourism associations and nonprofit organizations. The Office of Tourism shall seek tourism industry input in other areas the commissioner considers appropriate and necessary to ensure the successful implementation of this section. The Office of Tourism shall provide a quarterly presentation of its activities under this section beginning January 1, 2013 to tourism industry stakeholders and provide an annual report to the Governor and the Legislature summarizing the goals and achievements of the Office of Tourism. [PL 2011, c. 563, §5 (AMD).]

3. Tourism Marketing and Development Fund. [RR 1995, c. 2, §11 (RAL); MRSA T. 5 §13090-E, sub-§3 (RP).]
5 M.R.S. § 147 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 147
5 §147. Cancellation and registry of old bonds
Status: in_force

All bonds received by the Treasurer of State for exchange must be canceled and retained in the office of the Treasurer of State. [PL 1989, c. 857, §14 (AMD).]
5 M.R.S. § 1583-C — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1583-C
5 §1583-C. Seasonal or temporary employees
Status: in_force

All appointing authorities in State Government shall inform all employees who are hired for or appointed to seasonal, temporary or time-limited positions of the approximate date of termination of employment at the time of hire or appointment. [PL 2005, c. 12, Pt. T, §3 (NEW).]
5 M.R.S. § 13080-I — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-I
5 §13080-I. Exemption from execution
Status: in_force

1. Property exempt from execution. The property, including funds, of the authority is exempt from levy and sale by virtue of an execution. An execution or other judicial process may not be issued against the authority's property and a judgment against the authority may not be a charge or lien upon its property. [PL 1993, c. 474, §1 (NEW).]

2. Construction; limitation of application. This section does not: A. Prohibit the authority from making payments in lieu of taxes to the municipality; or [PL 1993, c. 474, §1 (NEW).] B. Apply to or limit the right of an obligee to foreclose or otherwise enforce a mortgage of the authority or to pursue remedies for the enforcement of a pledge or lien given by the authority on its rents, fees, grants or revenues or any other sources pledged by the authority to the payment of its bonds. [PL 2003, c. 598, §8 (AMD).] [PL 2003, c. 598, §8 (AMD).]
5 M.R.S. § 18509 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18509
5 §18509. Statement of compensation
Status: in_force

1. Requirement. The chief executive officer shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of the beneficiary's compensation received from engaging in any gainful occupation during that year. [RR 2023, c. 2, Pt. B, §153 (COR).]

2. Failure to submit statement. Failure to submit the statement under subsection 1 , shall result in the following. A. If the beneficiary fails to submit the statement required under subsection 1 within 30 days of receipt of the chief executive officer's request for the statement, the beneficiary's disability retirement benefit shall be discontinued until the statement is submitted. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] B. If the beneficiary fails to submit the statement required under subsection 1 within one year of receipt of the chief executive officer's request for the statement, all the beneficiary's rights to any further benefits shall cease. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 2011 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 2011
5 §2011. Appeals
Status: in_force

Any state agency or semiautonomous state agency disagreeing with an action or decision of the Chief Information Officer as it affects that agency may appeal the decision in accordance with the provisions of this section. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

1. Appeal. A state agency may appeal the decision or action of the Chief Information Officer to the commissioner. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

2. Appeal to Governor. In the event that an agency is aggrieved by the decision of the commissioner, the agency may appeal to the Governor to alter the decision or action, and the decision of the Governor is final. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

3. Written decisions. In responding to a state agency, the person or organization to whom the appeal has been made shall provide the decision in writing. If the decision fails to uphold the state agency appeal, the decision must contain the specific reasons for the decision. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 8-C — ME Code / Title 5 / Part 1 / Chapter 1 / Section 8-C
5 §8-C. Food and food supplies
Status: in_force

All commissary-type facilities operated by state departments for the sale of food and food supplies to any person must be eliminated. Purchasing of food and food supplies for any person by requisition or otherwise is prohibited, except that the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency and the Department of Inland Fisheries and Wildlife and the Department of Agriculture, Conservation and Forestry, Bureau of Forestry may requisition food supplies for emergency use or special duty assignments. Meals purchased and prepared for institutional or school use may be sold to employees or to visitors based on the actual total cost of purchasing, preparing and serving such food or food supplies. In the case of institutions and schools operated by the Department of Health and Human Services, income derived from the sale of meals accrues to the General Fund. With the approval of the Commissioner of Health and Human Services and the head of the institution involved, no charge may be made for the provision of meals to any state employee who eats such meals within the scope of employment and in doing so serves a function of that employment. If such approval is given, the Commissioner of Health and Human Services shall establish standards that must be applied uniformly at all institutions within the department. [PL 2021, c. 431, §1 (AMD).]

A charge may not be made for the provision of meals to any state employee who eats such meals within the scope of employment and in so doing serves a function of that employment. [RR 2023, c. 2, Pt. B, §3 (COR).]
5 M.R.S. § 17952 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17952
5 §17952. Designated beneficiary
Status: in_force

A qualifying member may designate a beneficiary to receive benefits upon the qualifying member's death by filing a written designation of beneficiary with the chief executive officer. The last designation of any beneficiary revokes all previous designations. In order to be in effect, the written designation must be received by the retirement system office or be postmarked before the qualifying member's death. [PL 2011, c. 449, §9 (AMD); PL 2021, c. 548, §45 (REV).]

1. Designation of more than one beneficiary. A member may designate more than one person as a beneficiary subject to the following limitations. A. If more than one person is designated as a beneficiary and: (1) If one of the persons designated is eligible to receive benefits under section 17953, subsection 3 and the other persons designated are eligible to receive benefits under section 17953, subsection 4 , there is no limit to the number of persons eligible to receive benefits under section 17953, subsection 4 who may be designated; (2) If all of the persons designated are eligible to receive benefits under section 17953, subsection 4 , there is no limit to the number of persons who may be designated; or (3) If all of the persons designated are eligible to receive benefits under section 17953, subsection 5 , no more than 2 persons may be designated. [PL 1989, c. 658, §1 (NEW).] B. If the person designated as a beneficiary is the member's spouse, that designation includes all of the member's dependent children so long as the person designated meets the definition of spouse in section 17001, subsection 39 . [PL 1989, c. 658, §1 (NEW).] [PL 1989, c. 658, §1 (NEW).]

2. Limitations. If a member designates as beneficiaries 2 or more persons, all must meet the requirements of one, and only one, of the subparagraphs of subsection 1, paragraph A , otherwise their eligibility to receive a benefit under this article shall be limited to section 17953, subsection 1 or section 17954 . [PL 1989, c. 658, §1 (NEW).]
5 M.R.S. § 18364 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18364
5 §18364. Nonmilitary public employee of the United States Government service
Status: in_force

1. Service before becoming member. A member who served as a nonmilitary public employee of the United States Government before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a nonmilitary public employee of the United States Government by complying with the applicable provisions of subsection 2 . Service credit purchased under this section is limited to 5 years. [PL 2025, c. 206, §2 (NEW).]

2. Members qualified for credit at actuarial cost. A member qualified under subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. A. Payment must be made before any retirement benefit becomes effective for that member. [PL 2025, c. 206, §2 (NEW).] B. Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 18301, subsection 4 . [PL 2025, c. 206, §2 (NEW).] [PL 2025, c. 206, §2 (NEW).]
5 M.R.S. § 1516 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1516
5 §1516. Blaine House Renovations and Repairs Fund
Status: in_force

1. Blaine House Renovations and Repairs Fund. There is created the Blaine House Renovations and Repairs Fund which shall be used solely for capital improvements, renovations and repairs to the Blaine House. [PL 1989, c. 501, Pt. P, §11 (NEW).]

2. Nonlapsing fund. Any unexpended funds appropriated by the Legislature to implement the purposes of this chapter shall not lapse, but shall be carried forward. Any funds in excess of $100,000 shall be transferred to the General Fund. [PL 1989, c. 501, Pt. P, §11 (NEW).]

3. Private contributions. The Blaine House Renovations and Repairs Fund, Other Special Revenue Funds account, is established in the Executive Department. This account may receive and accept allocations, appropriations, grants and contributions of money to be used for capital improvements, renovations and repairs to and general operations of the Blaine House. This account may not lapse but must be carried forward from year to year. [PL 2003, c. 451, Pt. N, §1 (NEW).]
5 M.R.S. § 1812-A — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812-A
5 §1812-A. Report on purchase of recycled products
Status: in_force

The Chief Procurement Officer shall report on or before January 1st of the first regular session of each Legislature to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the State's efforts to purchase supplies and materials composed in whole or in part of recycled materials. The Chief Procurement Officer shall also report on any procurement policies, incentives, educational programs, promotional efforts or other activities undertaken by the Office of Procurement Services to encourage the purchase of those supplies and materials. The Chief Procurement Officer shall include in the report any recommendations to increase or facilitate the purchase of those supplies and materials. [PL 2023, c. 516, Pt. B, §7 (AMD).]
5 M.R.S. § 20048 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20048
5 §20048. Visitation and communication of patients
Status: in_force

1. Hours of visitation. Subject to reasonable rules regarding hours of visitation that the commissioner may adopt, patients in any approved treatment facility must be granted opportunities for adequate consultation with counsel and for continuing contact with family and friends consistent with an effective treatment program. [PL 2011, c. 657, Pt. AA, §41 (AMD).]

2. Communication. Mail or other communication to or from a patient in any approved treatment facility may not be intercepted, read or censored. The commissioner may adopt reasonable rules regarding the use of telephones by patients in approved treatment facilities. [PL 2011, c. 657, Pt. AA, §41 (AMD).]

3. Restrictions. The patient may exercise all civil rights, including, but not limited to, civil service status; the right to vote; rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law; and the right to enter contractual relationships and to manage the patient's property, except: A. To the extent the commissioner determines that it is necessary for the medical welfare of the patient to impose restrictions, unless the patient has been restored to legal capacity; or [PL 2011, c. 657, Pt. AA, §41 (AMD).] B. When specifically restricted by other laws or rules. [PL 1989, c. 934, Pt. A, §3 (NEW).] Restrictions on the exercise of civil rights may not be imposed on any patient solely because of the fact of that person's admission to a mental hospital. [PL 2011, c. 657, Pt. AA, §41 (AMD).]
5 M.R.S. § 18521 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18521
5 §18521. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 409, §§11, 12 (NEW).]

1. Disabled. "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A. The incapacity is expected to be permanent; [PL 1989, c. 409, §§11, 12 (NEW).] B. That the member is unable to perform the essential functions of the member's employment position with reasonable accommodation; [PL 2021, c. 277, §34 (AMD); PL 2021, c. 277, §45 (AFF).] C. After the incapacity has continued for 2 years, the incapacity must render the member unable to engage in any substantially gainful activity for which the member is qualified by training, education or experience; and [PL 1989, c. 409, §§11, 12 (NEW).] D. The incapacity may be revealed by examinations or tests conducted in accordance with section 18526 . [PL 1989, c. 409, §§11, 12 (NEW).] [PL 2021, c. 277, §34 (AMD); PL 2021, c. 277, §45 (AFF).]

2. Employment position. "Employment position" means: A. The position in which the member is employed at the time the member becomes incapacitated; or [PL 1989, c. 409, §§11, 12 (NEW).] B. A position of comparable stature and equal or greater compensation and benefits which is made available to the member by the member's employer. [PL 1989, c. 409, §§11, 12 (NEW).] [PL 1989, c. 409, §§11, 12 (NEW).]
5 M.R.S. § 90-D — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-D
5 §90-D. Public Comment Publication Fund
Status: in_force

The Public Comment Publication Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the Department of the Secretary of State. The fund consists of fees for public comment on constitutional resolutions and statewide referenda received by the Secretary of State pursuant to Title 1, section 354 . The money in the fund must be used for the purpose of publishing the informational pamphlet that includes the public comment, explanatory statement and fiscal estimate pursuant to Title 1, section 354 . The unobligated and unencumbered balance of the fund in excess of $5,000 as of December 1st of each year must be transferred to the General Fund. [PL 2005, c. 316, §3 (NEW).]
5 M.R.S. § 13073-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13073-B
5 §13073-B. Maine Downtown Center
Status: in_force

1. Establishment. The Maine Downtown Center, referred to in this section as "the center," is established to encourage downtown revitalization in the State. [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).]

2. Purpose. The center serves the following functions: A. To advocate for downtown revitalization; [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).] B. To promote awareness about the importance of vital downtowns; [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).] C. To serve as a clearinghouse for information relating to downtown development; and [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).] D. To provide training and technical assistance to communities that demonstrate a willingness and ability to revitalize their downtowns. [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).] [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).]

3. Collaboration. The Department of Agriculture, Conservation and Forestry shall work collaboratively with the Commissioner of Economic and Community Development, the Maine Development Foundation and other state agencies to coordinate the programs of the center. [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

4. Funding. The center shall develop a plan for the ongoing funding of the center. [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).]

5. Definition. For the purposes of this section, "downtown" has the same meaning as in Title 30‑A, section 4301, subsection 5‑A . [PL 2011, c. 655, Pt. JJ, §4 (NEW); PL 2011, c. 655, Pt. JJ, §41 (AFF).]
5 M.R.S. § 17907 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17907
5 §17907. Payment of benefit
Status: in_force

1. Beginning. If the chief executive officer receives the written application for disability retirement benefits within 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date of termination of active service of the member. If the chief executive officer receives the written application for disability retirement benefits more than 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date 6 months prior to the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, provided that payment of benefits shall begin on the first day of the month following the date of termination of active service of the member if it is shown that: A. It was not reasonably possible to file the application for disability retirement benefits within the 6-month period; and [PL 1987, c. 256, §15 (RPR).] B. The application was made as soon as reasonably possible. [PL 1987, c. 256, §15 (RPR).] [PL 1987, c. 256, §15 (RPR); PL 2021, c. 548, §45 (REV).]

2. Cessation. Payment of disability retirement benefits shall continue so long as a person is disabled, except that: A. The disability retirement benefit ceases and eligibility for a service retirement benefit begins: (1) On the last day of the month in which the 10th anniversary of the beneficiary's normal retirement age, as defined in section 17001, subsection 23 , occurs; or (2) On the last day of the month in which the service retirement benefit of the beneficiary would equal or exceed the amount of the beneficiary's disability retirement benefit, if that occurs before the 10th anniversary of the beneficiary's normal retirement age. [PL 1997, c. 384, §6 (RPR).] B. After the disability has continued for 5 years, the disability of the beneficiary must render the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806 . (1) The chief executive officer may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 17903 , to determine the disability of the beneficiary. (2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), the beneficiary's disability retirement benefit is discontinued until the beneficiary withdraws the refusal. (3) If the beneficiary's refusal under subparagraph (2) continues for one year, all the beneficiary's rights to any further benefits under this article cease. (4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of the beneficiary's disability retirement benefit ceases; [PL 2003, c. 675, §1 (AMD); PL 2021, c. 548, §45 (REV).] C. The person's average final compensation at retirement shall include the same percentage adjustments, if any, that would apply to the amount of retirement benefit of the beneficiary under section 17806 ; and [PL 1987, c. 256, §17 (AMD).] D. A full month's benefit must be paid to the beneficiary or estate of the disability retirement recipient for the month in which the disability retirement recipient dies. [RR 2023, c. 2, Pt. B, §125 (COR).] [RR 2023, c. 2, Pt. B, §125 (COR).]