5 M.R.S. § 18530 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18530
5 §18530. Reduction in amount of benefit
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "adjusted final compensation" means the rate of pay of the person immediately before termination and becoming the recipient of a disability retirement benefit adjusted by the same percentage adjustment as has been received under section 18407 . [PL 1989, c. 409, §§11, 12 (NEW).]

2. Compensation from employment not covered by this article. If any person who is the recipient of a disability retirement benefit receives compensation in any year from engaging in any gainful activity or from employment with an employer whose employees are not covered by this article or chapter 423, subchapter 5, article 3‑A , which exceeds $20,000, increased by the same percentage adjustments as are granted under section 18407 , or the difference between the person's disability retirement benefit for that year and the person's average final compensation at the time that the person became a recipient of a disability retirement benefit, increased by the same percentage adjustments as have been granted by section 18407 , whichever is greater: A. The excess must be deducted from the disability or service retirement benefits in accordance with section 17054, subsection 3 ; [PL 2025, c. 221, §44 (AMD).] B. The person shall reimburse the retirement system for any excess payments not deducted under paragraph A . If the retirement benefit payments are eliminated by this subsection, the disability is deemed to no longer exist, the payment of the disability retirement benefit must be discontinued and, except as provided in paragraph C , all of the person's rights to benefits under this article cease; [PL 2001, c. 443, §4 (AMD); PL 2001, c. 443, §7 (AFF).] C. If, during the first 5 years of reemployment, the person again becomes disabled, terminates employment and is not covered by any other disability program, the retirement system shall resume paying the disability retirement benefit payable prior to the reemployment with all applicable cost-of-living adjustments and shall provide rehabilitation services in accordance with section 18527 . If the benefit payable under the other disability program is not equal to or greater than the benefit under this article, the retirement system shall pay the difference between the amount of the benefit payable under the other disability program and the amount of the benefit payable under this article. The chief executive officer shall require examinations or tests to determine whether the person is disabled as described in section 18521 ; and [PL 2021, c. 277, §39 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] D. At any time before the elimination of disability retirement benefit payments by this subsection, the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).] [PL 2025, c. 221, §44 (AMD).]

3. Compensation from employment covered by this article. If any person who is the recipient of a disability retirement benefit is reemployed by that person's prior employer or any other employer whose employees are covered by this article or chapter 423, subchapter V, article 3‑A , and if the total of the person's disability benefit for any year and the person's total earnable compensation for that year exceeds the adjusted final compensation: A. The disability or service retirement benefits must be reduced by the amount that the total compensation exceeds the adjusted final compensation in accordance with section 17054, subsection 3 ; [PL 2025, c. 221, §45 (AMD).] B. The deductions shall be prorated on a monthly basis in an equitable manner prescribed by the board over the year or part of the year during which the benefits are received; [PL 1989, c. 409, §§11, 12 (NEW).] C. The person shall reimburse the retirement system for any excess payments not deducted under paragraph A ; [PL 1989, c. 409, §§11, 12 (NEW).] D. If the retirement benefit payments are eliminated by this subsection: (1) The person again becomes a member of the Participating Local District Retirement Program and begins contributing at the current rate; and (2) When the person again retires, the person must receive benefits computed on the basis of that person's entire creditable service and in accordance with the law in effect at that time; [PL 2007, c. 491, §247 (AMD).] E. If, during the first 5 years of reemployment, the person again becomes disabled and terminates employment, the retirement system shall resume paying the disability retirement benefit payable prior to the reemployment with all applicable cost-of-living adjustments, or if greater, a disability retirement benefit based upon the person's current average final compensation and shall provide rehabilitation services in accordance with section 18527 . The chief executive officer shall require examinations or tests to determine whether the person is disabled as defined in section 18521 ; and [PL 2021, c. 277, §40 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] F. At any time before the elimination of disability retirement benefit payments by this subsection, the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).] [PL 2025, c. 221, §45 (AMD).]

4. Disability payments under other laws. The reduction of disability retirement benefits because of disability benefits received under other laws is governed as follows. A. The amount of any disability retirement benefit payable under this article must be reduced by any amount received by the person for the same disability under the following: (1) The workers' compensation or similar laws, except amounts that may be paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . [PL 2025, c. 270, §4 (AMD); PL 2025, c. 270, §5 (AFF).] B. The reduction in the disability retirement benefit is governed as follows: (1) The initial disability retirement benefit must be reduced if necessary so that the benefit plus any benefits under paragraph A do not exceed 80% of the person's average annual earnings. For the purposes of this subparagraph, "average annual earnings" means the total of the person's average final compensation plus other wages and earnings from employment for the calendar year in which the person has the highest total of other wages and earnings from employment during the 5 years immediately preceding the year in which the person became disabled; (2) The amount determined by the calculation under subparagraph (1) shall not be adjusted when cost-of-living adjustments are applied to the benefits listed under paragraph A ; and (3) Adjustments under section 18407 shall be applied to the reduced disability retirement benefit calculated under subparagraph (1) or paragraph C . [PL 2003, c. 328, §1 (AMD).] C. The disability retirement benefit may not be reduced below the amount of the retirement benefit which is the actuarial equivalent of the member's accumulated contributions at the time of retirement. [PL 1989, c. 409, §§11, 12 (NEW).] D. Lump-sum settlements of benefits that reduce the disability retirement benefit under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. (1) These prorated lump-sum settlements may not include any part of the lump-sum settlement attributable to rehabilitation, attorneys', physicians', nurses', hospital, medical, surgical or related fees or charges or any amount paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . (2) These prorated lump-sum settlements must reduce the disability retirement benefit in the same manner and amount as monthly benefits under this subsection. [PL 1991, c. 885, Pt. E, §15 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] E. Any dispute about amounts paid or payable under workers' compensation or the amount of the lump-sum settlement and its attributions must be determined on petition by a single member of the Workers' Compensation Board in accordance with Title 39‑A . These determinations may be appealed under Title 39‑A, section 322 . [PL 1991, c. 885, Pt. E, §15 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [PL 2025, c. 270, §4 (AMD); PL 2025, c. 270, §5 (AFF).]
5 M.R.S. § 121 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 121
5 §121. Office; bond; salary; deputy; fees
Status: in_force

The Treasurer of State shall keep the office at the seat of government and give the bond required by the Constitution to the State of Maine, with 2 or more surety companies authorized to transact business in the State, as sureties, in the penal sum of not less than $500,000. Each surety company shall give bond for only a fractional part of the total penal sum and shall be held responsible for its proportional share of any loss. [PL 2005, c. 683, Pt. C, §1 (AMD).]

The Treasurer of State may not receive any other fee, emolument or perquisite in addition to the salary. [PL 2005, c. 683, Pt. C, §1 (AMD).]

The chief clerk in the office of the Treasurer of State is designated as "deputy treasurer of state." In the event of a vacancy in the office of Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State until a Treasurer of State is elected by the Legislature, and the deputy treasurer shall give bond to the State, with sureties, to the satisfaction of the Governor for the faithful discharge of the trust. In the event of the absence or disability of the Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State to perform the duties of the office, including the exercise of all the Treasurer of State's rights and obligations as a member or ex officio member of any governing board of directors. [PL 2005, c. 683, Pt. C, §1 (AMD).]
5 M.R.S. § 4573-A — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4573-A
5 §4573-A. Defenses
Status: in_force

1. General provisions. It is a defense to a charge of discrimination under this subchapter that an alleged application of qualification standards, tests or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual based on protected class status has been shown to be job-related and consistent with business necessity, and such performance can not be accomplished by reasonable accommodation, as required by this subchapter. [PL 2019, c. 464, §3 (AMD).]

1-A. Qualification standards defined. For the purposes of this section, the term "qualification standards" may include a requirement that an individual does not pose a direct threat to the health or safety of other individuals in the workplace. [PL 1995, c. 511, §1 (NEW); PL 1995, c. 511, §3 (AFF).]

1-B. Physical or mental disability. [PL 2019, c. 464, §4 (RP).]

2. Religious entities. This subchapter does not prohibit a religious corporation, association, educational institution or society from giving preference in employment to individuals of its same religion to perform work connected with the carrying on by the corporation, association, educational institution or society of its activities. Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of that organization. [PL 1995, c. 393, §21 (NEW).]

3. Physical or mental disability. This subchapter does not prohibit an employer from discharging or refusing to hire an individual with a physical or mental disability or subject an employer to any legal liability resulting from the refusal to employ or the discharge of the individual with a physical or mental disability if the employer establishes that the individual, because of the physical or mental disability, is unable to perform job duties or to perform job duties in a manner that would not endanger the health or safety of the individual or others. [PL 2021, c. 366, §6 (NEW).]
5 M.R.S. § 157 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 157
5 §157. Loan Guarantee Program Fund established
Status: in_force

1. Establishment; purpose. The Loan Guarantee Program Fund, referred to in this section as "the fund," is established as a nonlapsing Other Special Revenue Funds account within the Office of the Treasurer of State. All money received by the fund from any source, including any transfers from the General Fund unappropriated surplus, must be credited to the fund. Money credited to the fund must be used to guarantee the repayment of loans made by a credit union or financial institution to an eligible affected employee pursuant to the Loan Guarantee Program established in Title 10, chapter 110, subchapter 14 . [PL 2019, c. 617, Pt. I, §1 (NEW).]

2. Termination; repeal. The fund is terminated on June 30, 2022. Upon the termination of the Loan Guarantee Program, the State Controller shall transfer any funds remaining in the fund to the Meals for Publicly Funded Students at Private Academies program, Other Special Revenue Funds account within the Department of Education. [PL 2021, c. 759, Pt. E, §1 (AMD); PL 2021, c. 759, Pt. E, §2 (AFF).]
5 M.R.S. § 2047 — ME Code / Title 5 / Part 4 / Chapter 168 / Section 2047
5 §2047. Implementation
Status: in_force

1. Implementation; operation. Upon receipt of federal approval and certification under section 2046, subsection 3 , the state agency designated to oversee the program pursuant to this chapter shall implement the program as required in subsection 2 . The program must begin operating no later than 6 months following receipt of federal approval and certification. [PL 2021, c. 293, Pt. A, §6 (NEW).]

2. Requirements. Prior to operating the program, the state agency designated to oversee the program pursuant to this chapter shall: A. Become a licensed drug wholesaler or enter into a contract with a licensed drug wholesaler in the State; [PL 2021, c. 293, Pt. A, §6 (NEW).] B. Contract with one or more distributors licensed in the State; [PL 2021, c. 293, Pt. A, §6 (NEW).] C. Contract with one or more licensed and regulated prescription drug suppliers in Canada; [PL 2021, c. 293, Pt. A, §6 (NEW).] D. Consult with health insurance carriers, employers, pharmacies, pharmacists, health care providers and consumers; [PL 2021, c. 293, Pt. A, §6 (NEW).] E. Develop a registration process for health insurance carriers, pharmacies and health care providers authorized to prescribe and administer prescription drugs that are willing to participate in the program; [PL 2021, c. 293, Pt. A, §6 (NEW).] F. Create a publicly accessible website for listing the prices of prescription drugs to be imported under the program; [PL 2021, c. 293, Pt. A, §6 (NEW).] G. Create an outreach and marketing plan to generate public awareness of the program; [PL 2021, c. 293, Pt. A, §6 (NEW).] H. Provide a telephone hotline to answer questions and address needs of consumers, employers, health insurance carriers, pharmacies, health care providers and others affected by the program; [PL 2021, c. 293, Pt. A, §6 (NEW).] I. Develop a 2-year audit work plan; and [PL 2021, c. 293, Pt. A, §6 (NEW).] J. Conduct any other activity determined necessary to successfully implement and operate the program. [PL 2021, c. 293, Pt. A, §6 (NEW).] [PL 2021, c. 293, Pt. A, §6 (NEW).]
5 M.R.S. § 58 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 58
5 §58. Access to forms
Status: in_force

Every state agency, department, board, office, commission, institution, authority or public instrumentality that requires filing of information by the public shall make a paper copy of any required filing form available, upon request, by regular mail at no cost to the requestor. [PL 2011, c. 33, §1 (NEW).]
5 M.R.S. § 4561 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4561
5 §4561. Members
Status: in_force

The Maine Human Rights Commission, established by section 12004‑G, subsection 15 , shall be an independent commission of no more than 5 members. No more than 3 of the members may be of the same political party. The members shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature. The Governor shall designate one member to be the chair. [PL 1989, c. 503, Pt. B, §21 (AMD).]
5 M.R.S. § 12013 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12013
5 §12013. Finances
Status: in_force

All boards shall maintain such financial records as may be required by the State Comptroller and State Auditor. [PL 1983, c. 814 (NEW).]
5 M.R.S. § 12003-A — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12003-A
5 §12003-A. Standards
Status: in_force

Boards established by this chapter shall comply with the following standards. [PL 1985, c. 295, §12 (NEW).]

1. Compensation of substantive boards. Compensation provided to members of boards that are not classified as advisory boards in sections 12004‑A to 12004‑L shall not exceed the legislative per diem rate defined in section 12002 for the purposes defined in section 12002‑B . A. The only exception to this policy applies to boards which require members with special expertise for which there is an extremely limited supply and which require members to undertake very difficult tasks and render decisions that have a significant impact upon the State. [PL 1985, c. 295, §12 (NEW).] [PL 1989, c. 503, Pt. B, §28 (AMD).]

2. Compensation of advisory boards. Compensation provided to members of boards, defined in section 12004‑I as advisory boards or boards with minimal authority, shall not exceed $25 per day and payment of expenses. A. Advisory and other boards, as defined in section 12004‑I , which are not authorized by law to be reimbursed for expenses shall not be eligible for this reimbursement. [PL 1989, c. 503, Pt. B, §28 (AMD).] [PL 1989, c. 503, Pt. B, §28 (AMD).]

3. Compensation as provided in section 12004-A to 12004-K. Compensation to members of boards shall be in accordance with the rate established for each board in section 12004‑A to 12004‑K . The defined rate of compensation for each board in section 12004‑A to 12004‑K shall be in compliance with this section. [PL 1989, c. 503, Pt. B, §28 (AMD).]

4. Compensation of state employee members of boards. State employee members of boards may receive their regular wages or salaries or the authorized per diem compensation, but not both, as defined by this subsection. A. Any state employee, classified or unclassified, who is a member of a board by virtue of the position held by that state employee or who has been designated by the commissioner or director of a state agency to represent the commissioner, director or agency shall not be paid compensation as provided in section 12002‑B, subsection 1 , for attendance at board meetings, hearings or other board activities. Any expenses incurred by this board member shall be paid from the budget of the agency or organization that the member represents. [PL 1985, c. 295, §12 (NEW).] B. A state employee, classified or unclassified, who is a member of a board, who has been appointed at the request of the state employee or because of the personal interest of the state employee in the board's activities and who is not an ex officio member or a representative of a commissioner, director or state agency may not be paid the state employee's regular wages or salary for attendance at meetings or hearings of the board or for work performed for the board during the normal working hours of the state employee. [RR 2023, c. 2, Pt. B, §91 (COR).] [RR 2023, c. 2, Pt. B, §91 (COR).]

5. Records of boards. Records and minutes of all boards shall be open and readily available in a place convenient and accessible to the public, unless the information is required by law to be kept confidential or is privileged information. [PL 1985, c. 295, §12 (NEW).]

6. Meetings of boards. Meetings of boards shall be held in public places and whenever possible in a public building. [PL 1985, c. 295, §12 (NEW).]

7. Prohibition of retirement benefits. No member of a board, as defined in this chapter, may be deemed eligible for state retirement and retirement benefits provided to classified and unclassified state employees pursuant to chapter 101. Any state employee member of a board shall be eligible for state retirement and retirement benefits by virtue of employment by the State and not as the result of membership of any board. No person may accumulate time or credit for any state retirement or retirement benefits for time served on a board or commission. [PL 1985, c. 732, §2 (NEW).]

8. Accounting procedure. Every board defined in sections 12004‑A to 12004‑L has separate accounting activities as required and in the form prescribed by the Commissioner of Administrative and Financial Services. These accounting procedures must show the income, expenses and expenditures of the board as separate from the income and expenditures of the department with which the board is associated or separate from the expenditures of the staff associated with or employed by the board. The expenses of the board to be shown in the activity accounts, at a minimum, must include any per diem or rate of compensation paid to the board members, travel expenses in state and out of state of board members and any other expenses determined necessary or reasonable by the commissioner. [PL 1991, c. 780, Pt. Y, §102 (AMD).]

9. Compensation limited to one board meeting a day. No member of a board eligible for compensation for attendance at meetings, hearings or official business of the board may be compensated or reimbursed for expenses for more than one meeting, hearing or official board business per day. No person who is a member of more than one board may be compensated or reimbursed for expenses for attendance at more than one meeting, hearing or conduct of official business of one board per day. In the event that 2 boards meet, hold hearings or conduct official business on the same day, a person who is a member of both boards may only be compensated or reimbursed for expenses for the activity or business of one of the boards. [PL 1985, c. 732, §2 (NEW).]

10. Advisory boards. Members of any board which serves exclusively as an advisory board, particularly those boards described in section 12004‑I , shall be deemed not to be officers of the State within the meaning of the Constitution of Maine and shall not be required to be commissioned or certified by the Secretary of State as provided in section 84 . [PL 1987, c. 786, §3 (NEW).]
5 M.R.S. § 4754 — ME Code / Title 5 / Part 12 / Chapter 337-D / Section 4754
5 §4754. Report; publication of data
Status: in_force

Beginning January 15, 2025 and annually thereafter, the Attorney General shall provide to the joint standing committees of the Legislature having jurisdiction over judiciary matters and criminal justice and public safety matters and make available to the public a report of the information collected pursuant to this chapter. The report must include an analysis of the information and may include recommendations for changes in laws, rules and practices. Information reported may not include personally identifiable information. [PL 2023, c. 368, Pt. C, §3 (AMD); PL 2023, c. 368, Pt. C, §4 (AFF).]
5 M.R.S. § 6206 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6206
5 §6206. Board responsibilities
Status: in_force

1. Responsibilities. The board shall: A. Complete an assessment of the State's public land acquisition needs and develop a strategy and guidelines, based on that assessment, for use in allocating the proceeds of the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public Access to Maine Waters Fund. Both the assessment and the development of a strategy and guidelines must be conducted with opportunities for participation by interested state agencies and the public; [PL 2023, c. 284, §12 (AMD).] B. [PL 1993, c. 728, §8 (RP).] C. Receive and review funding requests from state agencies and cooperating entities for acquisition projects meeting state guidelines; [PL 1987, c. 858, §4 (RPR).] D. In accordance with the strategy and guidelines developed under paragraph A , authorize distribution of proceeds from the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public Access to Maine Waters Fund for acquisitions of property or interests in property; and [PL 2023, c. 284, §13 (AMD).] E. On January 1st of every odd-numbered year, report to the joint standing committee of the Legislature having jurisdiction over matters pertaining to state parks and public lands on expenditures from the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public Access to Maine Waters Fund and revisions to the strategies and guidelines. This report must include a description of access to land and interest in land acquired during the report period. If an acquisition has been made that does not include guaranteed public vehicular access to the land acquired, the board must provide justification for that acquisition and a plan for continuing efforts to acquire guaranteed public access to the land. This report must include a summary of the board's experience during the reporting period with projects funded pursuant to section 6203‑A , 6203‑D or 6203‑E and in which the land or interest in land is acquired by a cooperating entity. This report must also include on a county-by-county basis a summary of the expenditures made by the board and acreage conserved through acquisition of fee or less-than-fee interest by the board during the report period. Each report must include cumulative totals by county of acreage conserved through acquisition of fee or less-than-fee interest through action by the board. The report must include maps based on available information and at a statewide level that show federal, state and other public lands and permanent interests in lands held for conservation purposes. The maps must also provide a representation of the amount of land affected by conservation easements under Title 33, chapter 7, subchapter 8‑A . Other state agencies holding conservation lands and interests in lands held for conservation purposes shall assist in the preparation of the maps. [PL 2023, c. 284, §14 (AMD).] [PL 2023, c. 284, §§12-14 (AMD).]
5 M.R.S. § 91 — ME Code / Title 5 / Part 1 / Chapter 6 / Section 91
5 §91. Short title
Status: in_force

This chapter shall be known and may be cited as the "Archives and Records Management Law." [PL 1973, c. 625, §16 (NEW).]
5 M.R.S. § 941 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 941
5 §941. Maine Human Rights Commission
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Maine Human Rights Commission. Notwithstanding any other provisions of law, these positions and their successor positions shall be subject to this chapter: A. Executive Director; and [PL 1983, c. 729, §4 (NEW).] B. [PL 2025, c. 450, §1 (RP).] C. Commission Counsel. [PL 2025, c. 450, §2 (NEW).] [PL 2025, c. 450, §§1, 2 (AMD).]
5 M.R.S. § 1555 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1555
5 §1555. Period of time for which late fees are imposed
Status: in_force

The late fee shall apply to the period beginning on the day after the required payment date and ending on the date on which payment of the amount due on the invoice is made. An amount of a late fee which remains unpaid at the end of any 30-day period, after the required payment date, shall be added to the principal amount of the debt and, thereafter, late fees shall accrue on the added amount. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 4684-C — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4684-C
5 §4684-C. Civil rights officers
Status: in_force

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Civil rights officer" means a law enforcement officer who has received special training approved by the Attorney General in identifying and investigating civil rights violations. [PL 2023, c. 368, Pt. A, §1 (NEW).] B. "Law enforcement agency" means an agency in the State charged with enforcement of state, county, municipal or federal laws or laws of a federally recognized Indian tribe, with the prevention, detection or investigation of criminal, immigration or customs laws or with managing custody of detained persons in the State and includes, but is not limited to, a municipal police department, a sheriff's department, the State Police, a university or college police department and the Department of Public Safety. [PL 2023, c. 368, Pt. A, §1 (NEW).] C. "Law enforcement officer" means a state, county or municipal official or an official of a federally recognized Indian tribe responsible for enforcing criminal, immigration or customs laws, including, but not limited to, a law enforcement officer who possesses a valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803‑A . [PL 2023, c. 368, Pt. A, §1 (NEW).] [PL 2023, c. 368, Pt. A, §1 (NEW).]

2. Required civil rights officer. A law enforcement agency shall select, assign and secure training for a civil rights officer, notify the Attorney General of the name and contact information for the civil rights officer and notify the Attorney General of any change in assignment of the civil rights officer as soon as practicable after the change is made. The law enforcement agency shall make the contact information for the civil rights officer publicly available. [PL 2023, c. 368, Pt. A, §1 (NEW).]
5 M.R.S. § 17104 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17104
5 §17104. Powers of the board of trustees
Status: in_force

In addition to other powers set forth in this Part, the board may employ or contract with persons for investment counsel or advice and for other expert, professional or other assistance as may be appropriate to aid in carrying out the board's functions. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 4562 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4562
5 §4562. Terms of office
Status: in_force

The members of the commission must be appointed for terms of 5 years each, except that of those first appointed, the Governor shall designate one whose term is only one year, one whose term is only 2 years, one whose term is only 3 years and one whose term is only 4 years. [RR 2023, c. 2, Pt. B, §64 (COR).]

An individual appointed to fill a vacancy occurring otherwise than by expiration of term must be appointed only for the unexpired term of the member whom the individual succeeds. [RR 2023, c. 2, Pt. B, §64 (COR).]
5 M.R.S. § 243 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 243
5 §243. Powers and duties
Status: in_force

The Office of the State Auditor has authority: [PL 2013, c. 16, §3 (AMD).]

1. Audit. To audit all accounts and other financial records of State Government or any department or agency of State Government, including the judiciary and the Executive Department of the Governor, except the Governor's Expense Account, and to report annually on this audit, and at such other times as the Legislature may require; [PL 1999, c. 208, §1 (AMD).]

2. Counties. To perform annual audits of all accounts and other financial records of the several counties or any departments or agencies thereof, the expenses of such audits to be paid by the counties. [PL 2003, c. 450, §1 (AMD).]

3. Municipalities. To perform audits for cities, towns and villages as required by Title 30‑A, sections 5821 to 5823 . The rate charged by the office to perform audits must include the proportional amount of the State Auditor's duties and be used to offset the General Fund costs of the State Auditor; [PL 2013, c. 16, §4 (AMD).]

3-A. Municipal cost component. No later than February 1st following the end of each fiscal year, to ensure that an annual audit of the municipal cost component and the Unorganized Territory Education and Services Fund in Title 36, chapter 115 is conducted. The expenses of these services are part of the municipal cost component and are paid out of the Unorganized Territory Education and Services Fund; [PL 1999, c. 208, §1 (AMD).]

4. Accounting systems; probation officers. [PL 1999, c. 208, §1 (RP).]

4-A. Audit for District Court. [PL 1979, c. 124, §23 (RP).]

5. Postaudit. [PL 1983, c. 556, §1 (RP).]

5-A. Budget and program review. To review and study departmental budgets and capital programs for better and efficient management of State Government; [PL 1999, c. 208, §1 (AMD).]

5-B. Dedicated funds. To review and study expenditures of the dedicated funds of independent boards and commissions; [PL 1999, c. 208, §1 (AMD).]

6. Staff agency. To serve as a staff agency to the Legislature, or any of its committees, or to the Governor in making investigations of any phase of the State's finances; [PL 1999, c. 208, §1 (AMD).]

7. Reports. To report its findings, with recommendations, on any review or study to the Legislature; [PL 1999, c. 208, §1 (AMD).]

8. Audit. To perform audits of all accounts and financial records of any organization, institution or other entity receiving or requesting an appropriation or grant from State Government and to issue reports on such audits at such times as the Legislature or the State Auditor may require; and [PL 1999, c. 208, §1 (AMD).]

9. Single audit. To conduct financial and compliance audits of financial transactions and accounts kept by or for all state agencies subject to the Single Audit Act Amendments of 1996, 31 United States Code, Sections 7501 to 7507 (1998). The audits must be conducted in accordance with generally accepted governmental auditing standards. [PL 1999, c. 208, §1 (NEW).]
5 M.R.S. § 13205 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13205
5 §13205. Property of corporation
Status: in_force

The corporation may hold and acquire property as set out in this section. [PL 2021, c. 631, §1 (NEW).]

1. Lease or sale. Properties may be leased, purchased or sold to develop and operate the Maine Space Complex as determined appropriate by the corporation. Resources acquired as a result of the lease or sale of these properties become operating revenues or assets of the corporation. [PL 2021, c. 631, §1 (NEW).]

2. Authority for transfers of interest in land to corporation. Upon the corporation's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the corporation real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the corporation, including real and personal property or rights in that property already devoted to public use. As used in this subsection, "public service corporation" includes a public utility as defined in Title 35‑A, section 102, subsection 13 and a corporation under Title 13‑C . [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 18405-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18405-A
5 §18405-A. Divorce
Status: in_force

If the recipient of a reduced service retirement benefit under section 18404, subsection 3 , 4 , 5‑A , 5‑B , 5‑C , 5‑D or 5‑E is granted a divorce either after retirement or before a retirement beneficiary is named, the following provisions apply. [PL 2001, c. 118, §10 (AMD).]

1. Election of benefit for different beneficiary. The recipient may elect to have the reduced retirement benefit paid under the same option to a different beneficiary except when the former spouse is named as retirement beneficiary at the time the divorce is granted, in which case the election may be made only under the following conditions: A. The spouse or former spouse who was originally named as retirement beneficiary must have been the sole beneficiary of the reduced retirement benefit under section 18404, subsection 3 , 4 , 5‑A , 5‑B , 5‑C , 5‑D or 5‑E ; and [PL 2001, c. 118, §11 (AMD).] B. The recipient and the spouse or former spouse who was originally named retirement beneficiary must agree to the change of beneficiary. Prior to this agreement, the chief executive officer shall ensure that the spouse or former spouse who was originally named as retirement beneficiary has been counseled by an employee of the retirement system regarding the financial effect of giving up rights as a beneficiary and has signed a statement that the information has been received and understood. [PL 1995, c. 604, §6 (AMD); PL 2021, c. 548, §45 (REV).] [PL 2005, c. 560, §4 (AMD); PL 2021, c. 548, §45 (REV).]

2. Time and manner of election. The recipient may make the election at any time after the divorce is granted by: A. Sending a written request to the chief executive officer; and [PL 1991, c. 302, §2 (NEW); PL 2021, c. 548, §45 (REV).] B. Submitting evidence of the divorce. [PL 1991, c. 302, §2 (NEW).] [PL 1991, c. 302, §2 (NEW); PL 2021, c. 548, §45 (REV).]

3. Amount of benefit. The amount of the benefit payable under the option elected is 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, plus the amount expected to be paid to the original spouse after the recipient's death. [PL 1991, c. 320, §2 (NEW).]

4. Effective date of coverage of new beneficiary. The effective date of the designation of the recipient's new beneficiary is the date the request is received. The recipient's retirement benefit must be adjusted on the first day of the month following the effective date of the new designation of beneficiary. [PL 1991, c. 320, §2 (NEW).]
5 M.R.S. § 13211 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13211
5 §13211. Annual report
Status: in_force

1. Annual financial report. The corporation shall submit annually to the Governor, the Executive Director of the Legislative Council and the joint standing committee of the Legislature having jurisdiction over economic development matters, not later than 120 days after the close of the corporation's fiscal year, a complete report on the activities of the corporation. The report may also be provided to any other member of the Legislature and to any other person. The report must include all of the following for the previous fiscal year: A. A description of the corporation's operations; [PL 2021, c. 631, §1 (NEW).] B. An accounting of the corporation's receipts and expenditures, assets and liabilities at the end of its fiscal year; [PL 2021, c. 631, §1 (NEW).] C. A listing of all property transactions pursuant to section 13205 ; [PL 2021, c. 631, §1 (NEW).] D. An accounting of all activities related to the Maine Space Complex Fund under section 13206 ; [PL 2021, c. 631, §1 (NEW).] E. A listing of any bonds issued during the fiscal year under section 13207 ; [PL 2021, c. 631, §1 (NEW).] F. A statement of the corporation's proposed and projected activities for the ensuing year; and [PL 2021, c. 631, §1 (NEW).] G. Recommendations regarding further actions that may be suitable for achieving the purposes of this chapter. [PL 2021, c. 631, §1 (NEW).] [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 18453 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18453
5 §18453. Special retirement benefits
Status: in_force

A participating local district may, by filing with the board a duly certified copy of its action, provide, in lieu of any other retirement benefit in this Part, special retirement benefit plans in this section. If a member retires after becoming qualified to retire under section 18451 or 18451‑A , the member's retirement benefit must be computed in accordance with section 18452 , if that amount is greater than the amount computed under this section. [PL 2013, c. 391, §12 (AMD).]

1. Employee Special Plan #1. A retirement benefit equal to 1/2 average final compensation for members who have reached 60 years of age and who have at least 30 years of creditable service. [PL 1985, c. 801, §§5, 7 (NEW).]

2. Employee Special Plan #2. Except as provided in this subsection, a retirement benefit to police officers, firefighters, sheriffs, full-time deputy sheriffs, county corrections employees, dispatchers, emergency medical services persons as defined in Title 32, section 83, subsection 12 or any other participating local district employees who have completed 20 to 25 years of creditable service, the number of years to be selected by the participating local district. A participating local district may not elect to provide retirement benefits to its dispatchers in a plan that requires less than 25 years of creditable service. For the purposes of this subsection, "county corrections employees" means employees of the county who are employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits are 1/2 of the member's average final compensation. A. [PL 2023, c. 405, Pt. A, §18 (RP).] B. [PL 2023, c. 405, Pt. A, §18 (RP).] [PL 2023, c. 405, Pt. A, §18 (RPR).]

3. Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #1. A retirement benefit equal to 1/2 of the member's average final compensation to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12 , who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching 55 years of age. [PL 2023, c. 405, Pt. A, §19 (RPR).]

4. Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #2. A retirement benefit to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12 , who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching 55 years of age. The benefits are 2/3 of the member's average final compensation. A. [PL 2023, c. 405, Pt. A, §20 (RP).] B. [PL 2023, c. 405, Pt. A, §20 (RP).] [PL 2023, c. 405, Pt. A, §20 (RPR).]

5. Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #3. Except as provided in this subsection, a retirement benefit to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12 , who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district, and who retires at any age. A participating local district may not elect to provide retirement benefits to its dispatchers in a plan that requires less than 25 years of creditable service. The benefits are 2/3 of the member's average final compensation. A. [PL 2023, c. 405, Pt. A, §21 (RP).] B. [PL 2023, c. 405, Pt. A, §21 (RP).] [PL 2023, c. 405, Pt. A, §21 (RPR).]

6. Police Officer Special Plan #1. A retirement benefit equal to 1/2 of the member's average final compensation to a police officer, including the chief of a police department, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching 55 years of age. [RR 2023, c. 2, Pt. B, §147 (COR).]

7. Police Officer Special Plan #2. A retirement benefit to a police officer, including the chief of a police department, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. The benefits shall be computed as follows: A. Except as provided under paragraph B, 2/3 of the police officer's or chief of police's average final compensation; or [RR 2023, c. 2, Pt. B, §148 (COR).] B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A . [PL 1993, c. 387, Pt. A, §24 (AMD).] [RR 2023, c. 2, Pt. B, §148 (COR).]

8. Police Officer and County Corrections Employee Special Plan #3. A retirement benefit equal to 2/3 of average final compensation to a police officer, including the chief of a police department, or county corrections employee who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district and who retires at any age. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits must be computed as follows: A. Except as provided under paragraph B , 2/3 of the member's average final compensation; or [PL 2001, c. 368, §2 (AMD).] B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A . [PL 1993, c. 387, Pt. A, §25 (AMD).] [PL 2001, c. 368, §2 (AMD).]

9. Sheriff, Deputy Sheriff and other county corrections employee special plan. A retirement benefit equal to 1/2 of the average final compensation to a sheriff, deputy sheriff or county corrections employee who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees. [PL 2001, c. 368, §3 (AMD).]

10. Additional Benefits #1. An additional retirement benefit for all employees qualifying under subsections 1 to 9 of 2% of average final compensation for each year of membership service not included in the age and service conditions for retirement under those subsections. [PL 1987, c. 256, §39 (AMD).]

11. Additional Benefits #2. An additional retirement benefit for any class of employees qualifying under subsections 1 to 9 of 2% of average final compensation for each year of membership service in the qualifying employment served after completion of the age and service conditions under those subsections and after the effective date of the action by the participating local district. [PL 1985, c. 801, §§5, 7 (NEW).]
5 M.R.S. § 17953 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17953
5 §17953. Death before service retirement
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Before July 1, 1993, if a qualifying member dies at any time before completing the age and service requirements for service retirement, the payment of ordinary death benefits is governed as follows. Beginning July 1, 1993, if a qualifying member dies before the member's service retirement benefit becomes effective, the payment of ordinary death benefits is governed as follows. In either case, the member's beneficiary may select only one of the death benefits. [PL 1991, c. 469, §2 (AMD).]

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Refund of contributions. The amount of the qualifying member's accumulated contributions, as determined under section 17705‑A , is paid: A. To the qualifying member's designated beneficiary, if any; [PL 1991, c. 469, §2 (AMD).] B. If the qualifying member is not survived by a designated beneficiary, to the first listed of the following relatives alive at the qualifying member's death: (1) Surviving spouse; (2) Child or children, regardless of age, sharing equally among themselves; or (3) The older parent; or [PL 1985, c. 801, §§5, 7 (NEW).] C. To the qualifying member's estate. [PL 1991, c. 469, §2 (AMD).] [PL 2007, c. 137, §16 (AMD).]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Refund of contributions. The amount of the qualifying member's accumulated contributions is paid: A. To the qualifying member's designated beneficiary, if any; [PL 1991, c. 469, §2 (AMD).] B. If the qualifying member is not survived by a designated beneficiary, to the first listed of the following relatives alive at the qualifying member's death: (1) Surviving spouse; (2) Child or children, regardless of age, sharing equally among themselves; or (3) The older parent; or [PL 1985, c. 801, §§5, 7 (NEW).] C. To the qualifying member's estate. [PL 1991, c. 469, §2 (AMD).] [PL 1991, c. 469, §2 (AMD).]

2. Survivor benefits. Survivor benefits are governed as follows. A. Instead of accepting the payment provided in subsection 1 , the first listed of the following who are living at the death of the qualifying member may elect the benefits described in subsections 3 to 5‑B : (1) The designated beneficiary, if any; or (2) If no beneficiary is designated, the surviving spouse, the dependent child or dependent children, or the parent or parents. [PL 1991, c. 469, §2 (AMD).] B. If the surviving spouse elects a benefit under this subsection, the dependent child or dependent children are entitled to receive the benefit under subsection 4 . [PL 1991, c. 469, §2 (AMD).] C. A person entitled to receive benefits under this section may, before the beginning of benefit payments, elect to receive benefits under section 17852, subsection 4, paragraph A ; under section 17852, subsection 5, paragraph A ; under section 17852, subsection 6, paragraph A ; or under article 5 instead of benefits under this section. (1) In order to elect these survivor benefits, both the qualifying member and the beneficiary must comply with each requirement of those provisions. (2) If no election is made under this paragraph, benefits payable under this section are in lieu of any benefits payable under section 17852, subsection 4, paragraph A ; under section 17852, subsection 5 ; under section 17852, subsection 6 ; or under article 5 . [PL 1991, c. 469, §2 (AMD).] [PL 1991, c. 469, §2 (AMD).]

3. Amount of survivor benefit payment to surviving spouse. If the surviving spouse of the qualifying member elects a benefit under subsection 2, paragraph A , only one of the following options may be paid at one time. A. A surviving spouse of the qualifying member is paid a $150 benefit each month beginning the first month after the death occurs and continuing during the surviving spouse's lifetime, if: (1) The deceased qualifying member had 10 years of creditable service at the time of death; or (2) The surviving spouse is certified by an independent health care provider or the medical review service provider to be permanently mentally incompetent or permanently physically incapacitated and is determined by the chief executive officer to be unable to engage in any substantially gainful employment. A full month's benefit is paid to the estate of the surviving spouse for the month in which the surviving spouse dies. [PL 2021, c. 277, §29 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] B. A surviving spouse of the qualifying member who has the care of the dependent child or children of the deceased qualifying member and who is not eligible to receive a benefit under paragraph A is paid a $150 benefit each month, beginning the first month after the death of the qualifying member and continuing during the surviving spouse's lifetime until the end of the month in which the dependent child or children are no longer in the surviving spouse's care. [PL 1991, c. 469, §2 (AMD).] C. A surviving spouse of the qualifying member who is not eligible to receive a benefit under paragraph A or B is paid a $150 benefit each month, beginning the first month after the surviving spouse reaches 60 years of age and continuing during the surviving spouse's lifetime. A full month's benefit is paid to the estate of the surviving spouse for the month in which the surviving spouse dies. [PL 1991, c. 469, §2 (AMD).] D. The $150 benefit specified under paragraphs A , B and C is increased to $225 on July 1, 1989, and $300 on July 1, 1990. Starting July 1, 1991, the $300 benefit must be adjusted annually at the same time and by the same percentage as adjustments under section 17806 . [PL 1991, c. 469, §2 (AMD).] E. Only one beneficiary of a qualifying member is entitled to receive the benefit under this subsection. [PL 1991, c. 469, §2 (AMD).] [PL 2021, c. 277, §29 (AMD); PL 2021, c. 548, §45 (REV).]

4. Amount of survivor benefit to dependent children. If the dependent child or children or surviving spouse of the deceased qualifying member elects a benefit under subsection 2, paragraph A , the payment of benefits to the dependent child or children is governed as follows. A. The amount of survivor benefit is determined as follows. (1) Until January 1, 1989: (a) One dependent child is paid $150 each month; (b) Two dependent children are paid $225 each month which must be divided equally between them; and (c) Three or more dependent children are paid $300 each month which must be divided equally among them. (2) Starting January 1, 1989, each dependent child receives a benefit of $150 a month. (3) Starting July 1, 1989, each dependent child receives a benefit of $175 a month. (4) Starting July 1, 1990, each dependent child receives a benefit of $200 a month. (5) Starting July 1, 1991, each dependent child receives a benefit of $225 a month. (6) Starting July 1, 1992, each dependent child receives a benefit of $250 a month. (7) Starting July 1, 1993, the benefit specified under subparagraph (6) must be adjusted annually at the same time and by the same percentage as adjustments under section 17806 . [PL 1991, c. 469, §2 (AMD).] B. The benefits begin the first month after the death of the qualifying member and are payable to each dependent child, in accordance with Title 18‑C, Article 5 , until the end of the month in which the child no longer meets the definition of "dependent child" in section 17001, subsection 12 . [PL 2017, c. 402, Pt. C, §15 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] C. When any dependent child becomes ineligible to receive benefits under this subsection, the other dependent children, if any, continue to receive benefits in accordance with this subsection. [PL 1991, c. 469, §2 (AMD).] D. The combined benefits under subsection 3 and this subsection may not exceed 80% of the deceased qualifying member's average final compensation adjusted annually at the same time and at the same percentage as adjustments under subsection 10 . [PL 1987, c. 529, §1 (NEW).] [PL 2017, c. 402, Pt. C, §15 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Amount of survivor benefit to parents. If the parent of the deceased qualifying member elects a benefit under subsection 2, paragraph A , the payment of benefits is governed as follows. A. The amount of the benefit is determined as follows. (1) A parent who is alive at the time of the death of the qualifying member is paid $150 per month if the parent is at least 60 years of age or, if not, when the parent reaches that age. (2) If both parents are eligible for benefits under this article, and the older parent elects benefits under this subsection, the older parent is paid $150 per month and the younger parent is paid $105 per month upon reaching 60 years of age. (3) Upon the death of either parent, the surviving parent receives $150 per month. [PL 1991, c. 469, §2 (AMD).] B. The payment of benefits to any parent begins the first month after the death of the qualifying member and continues until the death of the parent. [PL 1991, c. 469, §2 (AMD).] C. Benefits are payable under this subsection only if no other benefits have been paid under subsection 3 or 4 . [PL 1985, c. 801, §§5, 7 (NEW).] D. Starting July 1, 1989, the benefits specified under paragraph A must be adjusted annually at the same time and at the same percentage as adjustments under subsection 10 . [PL 1991, c. 469, §2 (AMD).] E. No more than 2 beneficiaries of a qualifying member may be entitled to receive the benefit under this subsection. [PL 1989, c. 658, §3 (NEW).] [PL 1991, c. 469, §2 (AMD).]

5-A. Amount of survivor benefit to designated beneficiary. If a designated beneficiary, other than the surviving spouse, dependent child, dependent children or the parent or parents of a deceased qualifying member, elects a benefit under subsection 2, paragraph A , the payment of benefits is governed as follows. A. A designated beneficiary who is alive at the time of the death of the qualifying member is paid $150 per month beginning the first month after the death occurs and continuing until the date of the designated beneficiary's death, if the designated beneficiary is certified by an independent health care provider or the medical review service provider to be permanently mentally incompetent or permanently physically incapacitated and is determined by the chief executive officer to be unable to engage in any substantially gainful employment. [PL 2021, c. 277, §30 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] B. A designated beneficiary who is alive at the time of the death of the qualifying member and is a person under 18 years of age, or under 22 years of age if the person is a full-time student, is paid $150 per month beginning the first month after the death occurs and continuing until the person no longer meets the age criteria of this paragraph. [PL 1991, c. 469, §2 (AMD).] C. A designated beneficiary of the qualifying member who has the care of the dependent child or children of the deceased qualifying member, and who is not eligible to receive a benefit under paragraph A , has the option: (1) To be paid $150 per month, beginning the first month after the death of the qualifying member and continuing during the designated beneficiary's lifetime for as long as the dependent child or children are in the designated beneficiary's care; (2) To transfer the right to receive a benefit to the children of the deceased qualifying member under subsection 4 ; or (3) To elect a benefit under paragraph D . [PL 1991, c. 469, §2 (AMD).] D. A designated beneficiary who is not eligible to receive a benefit under paragraph A , B or C is paid $150 per month, beginning the first month after the designated beneficiary reaches 60 years of age and continuing until the date of death. [PL 1991, c. 469, §2 (AMD).] E. Only one beneficiary of a qualifying member is entitled to receive the benefit under this subsection. [PL 1991, c. 469, §2 (AMD).] [PL 2021, c. 277, §30 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

5-B. Reduced retirement benefits. Beginning July 1, 1993, instead of accepting the benefits under subsection 1 or 2 , the first listed person under paragraph A living at the time of death of the qualifying member may elect the benefits in this subsection. A. The persons eligible to make the election under this subsection are the qualifying member's: (1) Designated beneficiary; (2) Surviving spouse; (3) Child or children; or (4) Parent or parents. [PL 1991, c. 469, §2 (NEW).] B. Benefits under this subsection are paid as follows. (1) The benefit is computed in accordance with section 17852, subsection 3 , if applicable, as if the service retirement of the qualifying member had taken place on the date of the member's death. (2) The beneficiary is paid beginning on the first day of the month after the death of the qualifying member and continuing until the last day of the month in which the beneficiary's death occurs. (3) Benefits under this subsection are paid in accordance with section 17804, subsection 3 . [PL 1991, c. 469, §2 (NEW).] C. If the monthly benefit payable under this subsection is $10 or less, in lieu of those payments a lump sum that is the actuarial equivalent of the benefit to which the beneficiary is entitled must be paid on the date the first monthly payment would otherwise be paid. A beneficiary who receives a lump sum payment under this subsection does not forfeit any other benefit to which the member would be entitled if the member were receiving a monthly benefit payment. [PL 1991, c. 469, §2 (NEW).] [PL 1991, c. 469, §2 (NEW).]

6. Transfer of funds. If benefits are paid under subsections 3 to 5‑B , the amount of the deceased qualifying member's accumulated contributions in the Members' Contribution Fund is transferred to the Retirement Allowance Fund. [PL 2007, c. 249, §28 (AMD).]

7. Death of beneficiary before payment. If any person becomes entitled to the payment of benefits under this article and dies before either the refund check or the initial survivor benefit check is endorsed and presented to a holder in due course, the person is considered to have predeceased the qualifying member. [PL 1985, c. 801, §§5, 7 (NEW).]

8. Change of choice of payment option. Any beneficiary under this article may change the choice of payment at any time up to the point of endorsement and presentation to a holder in due course of either the refund check or the initial survivor benefit payment. [PL 1991, c. 469, §2 (AMD).]

9. Defeat of survivor's option. A qualifying member may specify that the refund of the member's accumulated contributions be paid to a designated beneficiary or to the qualifying member's estate in lieu of any payment to survivors under subsections 3 to 5‑B by filing an affidavit expressing that intent with the chief executive officer. [PL 1991, c. 469, §2 (AMD); PL 2021, c. 548, §45 (REV).]

10. Cost-of-living adjustment. If a retirement benefit adjustment is made for retired state employees and teachers, the same percentage increase must be applied to the payments made under subsections 3 to 5‑B . The adjustment to payments made under subsections 3 to 5‑B becomes effective on the same day as the adjustment for state employees and teachers. [PL 1991, c. 469, §2 (AMD).]

11. Special options. Instead of accepting the payment provided in subsection 1 , 2 , 5‑A or 5‑B , a beneficiary may elect to receive benefits under section 17852, subsection 4, paragraph A ; section 17852, subsection 5 or 6 ; or article 5 . A. To elect these benefits, both the qualifying member and the beneficiary must comply with each requirement of those provisions. [PL 1991, c. 469, §2 (NEW).] B. If an election is not made under this subsection, benefits payable under this section are in lieu of any benefits payable under section 17852, subsection 4, paragraph A ; section 17852, subsection 5 or 6 ; or article 5 . [PL 1991, c. 469, §2 (NEW).] [PL 1991, c. 469, §2 (NEW).]
5 M.R.S. § 138 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 138
5 §138. Custody and servicing of securities; investment of trust funds; exceptions; prorations
Status: reserved

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Attorney General, shall invest all permanent funds held in trust by the State in such securities as are legal investments for savings banks under Title 9‑B , except as provided in chapter 161 . For purposes of this section, those investments include, without limitation, shares of an investment company registered under the federal Investment Company Act of 1940, whose shares are registered under the United States Securities Act of 1933, only if the investments of the investment company are limited to obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States or repurchase agreements secured by obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States. This section does not apply to the fund of the Employees' Retirement System or the fund arising from the lands reserved for public uses. [PL 1993, c. 651, §2 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

The investments need not be segregated to the separate trust funds and the earnings of the investments must be prorated according to the principal amounts of the several trusts. The identity of each separate trust fund must be maintained. [PL 1991, c. 780, Pt. Y, §10 (AMD).]

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Attorney General, has the power to enter into contracts or agreements approved by the Governor with any national bank, trust company or safe deposit company located in New England or New York City for custodial care and servicing of the securities belonging to the permanent trust funds of this State. Such services must consist of the safekeeping of those securities, collection of interest and dividends, periodical checks of the portfolio deposited for safekeeping to determine all calls for redemption, in whole or in part, of any bonds owned by such funds, and any other fiscal service that is normally covered in a custodial contract or agreement. In performing services under any such contract or agreement, the contracting bank has all of the powers and duties prescribed for trust companies by Title 9‑B, section 473 . [PL 1997, c. 398, Pt. L, §1 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

The Treasurer of State is empowered to arrange for the payment for such services, either by cash payments to be charged pro rata to the income of such trust funds, or by an agreement for a compensating deposit balance with the bank in question, in lieu of such cash payment, or by some combination of both methods of payment. The contracting bank shall give assurance of proper safeguards that are usual to such contracts and shall furnish insurance protection satisfactory to both parties. [PL 1991, c. 780, Pt. Y, §10 (AMD).]

The Treasurer of State is empowered to withdraw or deposit securities from or with the custodian as circumstances may require, all withdrawal orders or delivery instructions to bear the approval in writing of the Superintendent of Financial Institutions and that of either or both the Attorney General and the Commissioner of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §10 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

The Treasurer of State shall review the extent to which the assets of any permanent funds held in trust by the State are invested in the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company, as defined in section 1957, subsection 1, paragraph C . The Treasurer of State shall, in accordance with sound investment criteria and consistent with fiduciary obligations, divest any such holdings and may not invest any assets in any such stocks, securities or other obligations. Divestment pursuant to this paragraph must be complete by January 1, 2026. Nothing in this paragraph precludes de minimis exposure of any permanent funds held in trust by the State to the stocks, securities or other obligations of any fossil fuel company or any subsidiary, affiliate or parent of any fossil fuel company. [PL 2021, c. 231, §2 (NEW).]

The Treasurer of State shall review the extent to which the assets of any permanent funds held in trust by the State are invested in the stocks, securities or other obligations of any corporation or company or any subsidiary, affiliate or parent of any company that owns or operates prisons for profit. The Treasurer of State shall, in accordance with sound investment criteria and consistent with fiduciary obligations, divest any such holdings and may not invest any assets in any such stocks, securities or other obligations. Nothing in this section precludes de minimis exposure of any permanent funds held in trust by the State to the stocks, securities or other obligations of any corporation or company or any subsidiary, affiliate or parent of any company that owns or operates prisons for profit. [PL 2021, c. 234, §1 (NEW).]
5 M.R.S. § 17759-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17759-A
5 §17759-A. Nonmilitary public employee of the United States Government service
Status: in_force

1. Service before becoming member. Notwithstanding section 17759 , a member who served as a nonmilitary public employee of the United States Government service 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 service by complying with the applicable provisions of subsection 2 . Service credit purchased under this section is limited to 5 years. [PL 2025, c. 206, §1 (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, §1 (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 2025, c. 206, §1 (NEW).] [PL 2025, c. 206, §1 (NEW).]
5 M.R.S. § 1674 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1674
5 §1674. Departmental indirect cost allocation proposal
Status: in_force

Each department or agency of State Government that is authorized to expend more than $25,000 on a single project in any fiscal year on the construction, repair or improvement of state-owned real property shall prepare and submit a departmental indirect cost allocation proposal to the Commissioner of Administrative and Financial Services prior to that expenditure. These proposals must be on file in the Department of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §50 (AMD).]

The commissioner may promulgate rules necessary to carry out this section. [PL 1985, c. 195, §§1,2 (NEW).]
5 M.R.S. § 18512 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18512
5 §18512. Rehabilitation
Status: in_force

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a condition of entering into an agreement to provide rehabilitation services, the chief executive officer must determine that rehabilitation is feasible, that rehabilitation is consistent with the purposes of this article, that the recipient is suitable for rehabilitation services and that rehabilitation services are likely to lead to substantially gainful activity. Services must be provided by private and public rehabilitation counselors, government agencies and others approved by the chief executive officer as qualified to provide rehabilitation services. The chief executive officer shall consider a rehabilitation counselor's rate of successfully placing rehabilitated employees in jobs relative to the placement rates of other counselors in the State as fundamental in deciding whether to approve the counselor as qualified. This section does not affect the ongoing requirement that a person remain disabled in order to continue to receive disability benefits. [PL 2021, c. 277, §33 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

For the purposes of this section, "person" means any person who is the recipient of a disability retirement benefit. [PL 2003, c. 387, §10 (NEW).]

1. Rehabilitation plan. If the chief executive officer makes the determinations necessary to provide rehabilitation services under this section and rehabilitation agreed to by the parties, the retirement system shall designate a rehabilitation provider to evaluate the person and develop a rehabilitation plan. [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).]

2. Costs. The chief executive officer may contract with rehabilitation providers to develop and carry out approved rehabilitation plans. A. Except as provided in paragraph B , the chief executive officer shall pay these providers from funds accumulated in the Retirement Allowance Fund, established under section 17251 . [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).] B. If the person is entitled to other benefits to meet the cost of rehabilitation services, that person must first apply for and use those benefits to the extent available to pay for the goods and services provided. [PL 2003, c. 387, §10 (NEW).] [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).]

3. Approval of rehabilitation plan. The chief executive officer and the person shall approve any rehabilitation plan developed under subsection 1 and shall indicate in writing their approval of and agreement to the rehabilitation plan. The person shall approve the plan within 30 days or, within that time period, submit to the chief executive officer the name of an alternate provider for the chief executive officer's consideration. If the rehabilitation plan includes return to employment with the employer for whom the person worked before becoming disabled, the employer also shall indicate in writing approval of the plan. [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).]

4. Monitoring of rehabilitation plan. Each rehabilitation plan approved by the chief executive officer must contain a provision for periodic review of progress being made by the person toward achieving the goal of the plan and substantially gainful activity. The provision relating to review must include authority for the chief executive officer to terminate the plan or to amend the plan with the same provider or with a change of provider, based upon results of the review or at the request of the person or the provider. Subsections 1 , 2 and 3 apply to any amended plans under this subsection. A person is entitled to a single rehabilitation plan during the course of the person's incapacity except when the person demonstrates that a termination of the plan was reasonable and for good cause. Any entitlement to amend a rehabilitation plan or establish a new plan ends with a determination by the chief executive officer that the person is no longer disabled. [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).]

5. Return to service. If the rehabilitation plan includes return to employment with the person's former employer, that person must be reemployed in accordance with the plan. The chief executive officer shall notify the former employer, in writing, that the person has completed the rehabilitation plan and is ready to return to employment. The former employer shall reemploy the person in the first available position for which that person is qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan. [PL 2003, c. 387, §10 (NEW); PL 2021, c. 548, §45 (REV).]

6. Employment exception. A person is not required to accept employment that reasonably necessitates relocation or for which the person is not qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan. The disability retirement benefit may not be discontinued except as provided by section 17929 or until the person is reemployed consistent with this section. [PL 2003, c. 387, §10 (NEW).]
5 M.R.S. § 903 — ME Code / Title 5 / Part 2 / Chapter 69 / Section 903
5 §903. Authorization for alternative working hours employment
Status: in_force

1. Employees in collective bargaining units. The Governor, or the Governor's designee who negotiates a collective bargaining agreement, may bargain and conclude agreements pursuant to Title 26, chapter 9‑B that include provisions for alternative working hours employment. Notwithstanding any other state law, an agreement with any such provision must provide for the proration of any benefits, including retirement benefits, made available to a person employed for job-sharing and part-time employment, if that proration is not prohibited by federal law. [RR 2023, c. 2, Pt. B, §44 (COR).]

2. Employees not in collective bargaining units. The State Human Resources Officer shall adopt rules to implement alternative working hours employment for persons who are not in collective bargaining units. Notwithstanding any other state law, any such rules shall provide for the proration of any benefits, including retirement benefits, made available to a person employed for job-sharing and part-time employment, provided that the proration is not prohibited by federal law. [PL 1985, c. 785, Pt. B, §24 (AMD); PL 2023, c. 412, §3 (REV).]

3. Further authority. Any appropriation for personal services, allocation or other resource made available to an account may be used during the biennium to carry out the intent of this section. For the purpose of complying with any appropriation or allocation, one full-time position shared by more than one person shall be considered one full-time position. Continued funding of these costs shall be requested as current services in accordance with chapter 149 . [PL 1981, c. 270, §4 (NEW).]

4. Prohibition. Positions listed in chapter 71 and in Title 2, section 6 , may not be filled by persons employed under any job-sharing authority. [PL 1987, c. 402, Pt. A, §26 (AMD).]

5. Report. The commissioner shall report to the Joint Standing Committee on State Government the state's progress in establishing alternative working hours. The report shall at a minimum contain a specific breakdown of the number of employees seeking and the number of employees working alternative working hours employment by each category of such employment, the increase or decrease in the number of employees from the preceding year by each category, the number of persons over the age of 60 by each category of alternative working hours employment, an estimate of savings achieved or costs imposed and a narrative summary of the efforts taken by the State to encourage the development of alternative working hours employment. [PL 1981, c. 270, §4 (NEW).]
5 M.R.S. § 938 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 938
5 §938. Department of Environmental Protection
Status: in_force

1. Major policy-influencing positions. [PL 1995, c. 560, Pt. E, §1 (RP).]

1-A. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Environmental Protection. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Deputy Commissioner; [PL 1995, c. 560, Pt. E, §2 (NEW).] B. [PL 2005, c. 519, Pt. K, §1 (RP).] C. Director, Policy Development and Implementation; [PL 1995, c. 560, Pt. E, §2 (NEW).] D. Director, Education and Outreach; [PL 1995, c. 560, Pt. E, §2 (NEW).] E. Director, Innovation and Assistance; [PL 1995, c. 560, Pt. E, §2 (NEW).] F. Director, Bureau of Air Quality Control; [PL 1995, c. 560, Pt. E, §2 (NEW).] G. Director, Bureau of Remediation and Waste Management; [PL 2015, c. 267, Pt. IIII, §2 (AMD).] H. Director, Bureau of Water Quality; and [PL 2015, c. 267, Pt. IIII, §3 (AMD).] I. Director, Bureau of Land Resources. [PL 2015, c. 267, Pt. IIII, §4 (NEW).] [PL 2015, c. 267, Pt. IIII, §§2-4 (AMD).]
5 M.R.S. § 1520 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1520
5 §1520. Statewide Radio and Network System Reserve Fund
Status: in_force

1. Fund established. The Statewide Radio and Network System Reserve Fund, referred to in this section as the "fund," is established as an internal service fund in the Department of Administrative and Financial Services, Office of Information Technology, referred to in this section as the "office," for the purposes of managing the fund and acquiring, expanding, upgrading and replacing a statewide radio and network system for use by state agencies. The office may charge a fee to agencies using the statewide radio and network system in accordance with an established rate structure. Revenues derived from operations must be used to pay the costs of the lease-purchase to acquire a system, expand, upgrade and replace the system, and to manage the fund. A. The office shall work closely with all departments and agencies to identify radio and network requirements for the statewide system to ensure that agency program requirements are met to the maximum extent possible. The office shall: (1) Ensure that the annual costs of the lease or lease-purchase are paid in a timely manner and that the financial affairs of the fund are properly managed; (2) Maintain records of radio and network system requirements for all agencies using the system and make this information available to state agencies; (3) Require state agencies to become part of the statewide radio and network system when replacing their current systems or purchasing new systems; (4) Acquire, expand, upgrade or replace the statewide radio and network system in accordance with an established replacement plan; and (5) Transfer radio equipment and network infrastructure into the fund from agencies using the system, purchase, lease, lease-purchase or enter into other financing agreements, in accordance with section 1587 , for the acquisition, expansion, upgrade or replacement of the system or any of its components in accordance with paragraph B when it can be demonstrated that any such action or agreement provides a clear cost or program advantage to the State. [PL 2005, c. 12, Pt. SS, §4 (AMD).] B. The Chief Information Officer, in conjunction with the agencies using the statewide radio and network system, operating as a board that may be referred to as "the Statewide Radio Network Board," shall establish the following: (1) Standards for statewide radio and network system operations; (2) Specifications for systems and components to be acquired by the State; and (3) Standards for the exemption or waiver of state agencies from the requirements of this section. By January 15, 2002, standards must be developed for statewide radio and network system usage by all state agencies not exempted under subparagraph (3). [PL 2005, c. 634, §3 (AMD).] C. The office shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Statewide Radio and Network System Reserve Fund account. The funds deposited in the account may include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the office, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of system assets under the administrative control of the fund by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services in accordance with paragraph B and other provisions of law. [PL 2005, c. 12, Pt. SS, §4 (AMD).] D. The fund may levy charges according to a rate schedule recommended by the Chief Information Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using the services of the statewide radio and network system. [PL 2005, c. 12, Pt. SS, §4 (AMD).] E. Service charges for the statewide radio and network system must be calculated to provide for system acquisition costs, expansion costs, upgrade costs, necessary capital investment and fund management costs, replacement costs and sufficient working capital for the fund. [PL 2001, c. 439, Pt. U, §1 (NEW).] F. Each department or agency using the services of the statewide radio and network system must budget adequate funds to pay for costs described in paragraph E . [PL 2001, c. 439, Pt. U, §1 (NEW).] [PL 2007, c. 240, Pt. PP, §1 (AMD).]
5 M.R.S. § 200-A — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-A
5 §200-A. Criminal division
Status: in_force

The Attorney General is authorized to create a Criminal Division within the Department of the Attorney General in order to coordinate all criminal investigation and prosecution for the purpose of improving law enforcement within the State of Maine. [PL 1967, c. 58, §1 (NEW).]

The Attorney General shall have full responsibility for the direction and control of all investigation and prosecution of homicides and such other major crimes as the Attorney General may deem necessary for the peace and good order of the State of Maine. [PL 1967, c. 58, §1 (NEW).]

The Attorney General shall conduct and control all drug-related investigations of public officials or members of the law enforcement community. [PL 1991, c. 837, Pt. B, §3 (NEW).]

The Attorney General has exclusive responsibility for the direction of any criminal investigation of an official holding a partisan public office when the alleged crime is a violation of Title 17‑A, chapter 25 or when, in the Attorney General's opinion, the alleged crime may affect the official's performance in office. As used in this section, the term "partisan public office" means an office in which, prior to an election to fill the office, the candidate must declare membership in a political party, or an office filled by the appointment of the Governor, the President of the Senate or the Speaker of the House of Representatives. Any law enforcement agency investigating an alleged crime that may result in formal charges against an official holding partisan public office shall, as soon as practicable, notify the Attorney General of the investigation. The Attorney General may, after review, designate any law enforcement agency to complete the investigation and direct its completion. [PL 1991, c. 841, §3 (NEW).]

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer who, while acting in the performance of that law enforcement officer's duties, uses deadly force, as defined in Title 17‑A, section 2, subsection 8 . Any law enforcement agency whose officer uses deadly force shall notify, as soon as practicable, the Attorney General of the event. [PL 1995, c. 200, §1 (NEW).]
5 M.R.S. § 13039 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13039
5 §13039. Committee review
Status: in_force

The joint standing committee of the Legislature having jurisdiction over economic development matters shall review the administration and operation of this chapter and report its findings and recommendations to the Legislature no later than January 2, 1992. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]
5 M.R.S. § 17602 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17602
5 §17602. Name, establishment and purpose
Status: in_force

There is established the State Employee and Teacher Retirement Program as a governmental qualified defined benefit plan pursuant to Sections 401(a) and 414(d) of the Internal Revenue Code and such other provisions of the Internal Revenue Code and United States Treasury regulations and other guidance as are applicable, which has the powers and privileges of a corporation. [PL 2009, c. 474, §13 (AMD).]

The purpose of the State Employee and Teacher Retirement Program is to provide retirement allowances and other benefits under this chapter for state employees and teachers. [PL 2007, c. 491, §93 (NEW).]
5 M.R.S. § 1583-A — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1583-A
5 §1583-A. Creation of positions
Status: in_force

Notwithstanding any other provision of law, limited-period, project or other temporary positions may be established by financial order for a period not to exceed 2 years. Temporary positions established by financial order may not be continued for more than 2 years unless the Legislature specifically appropriates or allocates funds to continue those positions. [PL 2005, c. 519, Pt. E, §1 (AMD).]

1. Prohibition. [PL 1993, c. 70, §1 (RP).]

2. Workers' compensation positions. Limited-period positions may be established for former regular employees of the State who are presently receiving workers' compensation payments from the State when that action enables those employees to return to productive employment with the State. These positions may be established, if funds are available, only until those employees can be returned to regular positions. Notwithstanding any other restrictions on funds appropriated or allocated, the State Budget Officer may, after determining that funds are available, either approve the use of these funds or recommend appropriate action to the Governor when the Governor's approval is required. Available funds may include amounts appropriated or allocated for Personal Services, including funds in any salary account or special account for state employee salary increases, All Other, Capital Expenditures and unallocated. [PL 2005, c. 12, Pt. T, §2 (NEW).]

3. Number of necessary employees. The Governor and the State Budget Officer when preparing the budget proposals for the Legislature may at their discretion make the necessary adjustments to reflect the number of limited-period positions that, in their opinion, are necessary to the proper operation of each department, institution or agency. [PL 2005, c. 12, Pt. T, §2 (NEW).]

4. Federally funded programs. If federal funds are not available as anticipated for programs, there is no obligation to provide state funds in excess of those appropriated or allocated by the Legislature. Positions entirely or partially funded by federal or nonstate sources of funds are considered limited-period positions. [PL 2005, c. 12, Pt. T, §2 (NEW).]
5 M.R.S. § 3345 — ME Code / Title 5 / Part 8 / Chapter 314 / Section 3345
5 §3345. Disputes involving natural gas pipeline activities
Status: in_force

1. Program established. The natural gas pipeline dispute resolution program is established to provide private landowners with a prompt, independent, inexpensive and local forum for mediation of disputes concerning acts or omissions occurring during the construction, maintenance or operation of any natural gas pipelines that result in property damage. [PL 1999, c. 346, §2 (NEW).]

2. Provision of mediation services; forms, filing and fees. The Court Alternative Dispute Resolution Service created in Title 4, section 18‑B , shall provide mediation services under this subchapter. The Court Alternative Dispute Resolution Service shall: A. Assign mediators under this subchapter who are knowledgeable in land use regulatory issues, property law and environmental law; [PL 1999, c. 346, §2 (NEW).] B. Establish a simple and expedient application process; and [PL 1999, c. 346, §2 (NEW).] C. Establish a fee for services in an amount not to exceed $175 for every 4 hours of mediation services provided. The landowner is responsible for the costs of the first 4 hours of mediation and for the costs of providing notice as required under subsection 7 . [PL 1999, c. 346, §2 (NEW).] [PL 1999, c. 346, §2 (NEW).]

3. Application; eligibility. A landowner may apply for mediation under this subchapter if that landowner: A. Has suffered property damage as a result of an act or omission by a person surveying, constructing, operating or maintaining a natural gas pipeline on, over or under the landowner's land; [PL 1999, c. 346, §2 (NEW).] B. Applies for mediation under subsection 4 : (1) With respect to any dispute concerning acts or omissions occurring during the construction of the pipeline, within one year of the completion of pipeline construction on the property; or (2) With respect to any dispute concerning acts or omissions occurring after the construction of the pipeline, within the applicable statute of limitations on the underlying claim; [PL 1999, c. 346, §2 (NEW).] C. With respect to any claim regarding future crop deficiency, provides notice to the entity against whom the claim is made at least 30 days prior to the crop harvest in order to allow the entity to assess crop deficiency; [PL 1999, c. 346, §2 (NEW).] D. Has submitted a claim in writing to the entity responsible for the property damage and afforded that entity at least 10 business days to respond but failed to reach a satisfactory agreement of settlement with that entity within that time period; and [PL 1999, c. 346, §2 (NEW).] E. Submits to the Superior Court clerk all necessary fees at the time of application. [PL 1999, c. 346, §2 (NEW).] [PL 1999, c. 346, §2 (NEW).]

4. Submission of application for mediation. A landowner may apply for mediation under this subchapter by filing an application for mediation with the Superior Court clerk in the county in which the land that is the subject of the conflict is located. The Superior Court clerk shall forward the application to the Court Alternative Dispute Resolution Service. [PL 1999, c. 346, §2 (NEW).]

5. Stay of filing period. Notwithstanding any other provision of law, the period of time allowed by law or by rules of the court for any person to file for judicial review in any state court of any claim related to a dispute for which mediation is requested under this subchapter is stayed for 40 days beyond the date the mediator files the report required under subsection 12 with the Superior Court clerk, but in no case longer than 130 days from the date the landowner files the application for mediation with the Superior Court clerk. [PL 1999, c. 346, §2 (NEW).]

6. Purpose; conduct of mediation. The purpose of a mediation under this subchapter is to facilitate a mutually acceptable solution to a dispute in accordance with applicable principles of property law and the terms of any easement. The mediator, whenever possible and appropriate, shall conduct the mediation in the county in which the land that is the subject of the conflict is located. [PL 1999, c. 346, §2 (NEW).]

7. Schedule; notice; participants. The mediator is responsible for scheduling all mediation sessions. The mediator shall provide the names and addresses of the landowner and the entity with whom the landowner has a dispute and a copy of the notice of the mediation schedule to the Superior Court clerk, who shall mail the notices. [PL 1999, c. 346, §2 (NEW).]

8. Parties to mediation. A mediator shall include in the mediation process any person the mediator determines is necessary for effective mediation. A mediator may exclude or limit a person's participation in mediation when the mediator determines that exclusion or limitation necessary for effective mediation. Participation in the mediation process is voluntary for all parties and may not be compelled by the mediator or any other person. [PL 1999, c. 346, §2 (NEW).]

9. Sharing of costs. Participants in the mediation may share the costs of mediation after the initial 4 hours of mediation services have been provided. [PL 1999, c. 346, §2 (NEW).]

10. Admissibility. The admissibility in court of conduct or statements made during mediation, including offers of settlement, is governed by the Maine Rules of Evidence, Rule 408(a) for matters subsequently heard in a state court and Federal Rules of Evidence, Rule 408 for matters subsequently heard in a federal court. [PL 1999, c. 346, §2 (NEW).]

11. Agreements. A mediated agreement must be in writing. The landowner and the entity with whom the landowner is in dispute must sign the agreement as participants and the mediator must sign as the mediator. [PL 1999, c. 346, §2 (NEW).]

12. Mediator's report. Within 90 days after the landowner files an application for mediation, the mediator shall file a report with the Superior Court clerk. The mediator shall file the report as soon as possible if the mediator determines that a mediated agreement is not possible. The report must contain: A. The names of the mediation participants; [PL 1999, c. 346, §2 (NEW).] B. The nature of any agreements reached during the course of mediation and what further action is required of any person; [PL 1999, c. 346, §2 (NEW).] C. The nature of any issues remaining unresolved and the mediation participants involved in those unresolved issues; and [PL 1999, c. 346, §2 (NEW).] D. A copy of any written agreement under subsection 11 . [PL 1999, c. 346, §2 (NEW).] The terms of any mediated agreement are enforceable in the Superior Court. If the parties fail to reach a mediated settlement, any party may file an appropriate civil action for remedies in accordance with applicable law. [PL 1999, c. 346, §2 (NEW).]
5 M.R.S. § 17434 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17434
5 §17434. Administration of investment trust fund
Status: in_force

1. Administration. The trustees of the investment trust fund may delegate to the chief executive officer, Chief Investment Officer or other staff of the system as appropriate the responsibility to carry out, as directed by the trustees of the investment trust fund, the administration of the investment trust fund and its investment and disbursement activities. [PL 2007, c. 240, Pt. RRR, §2 (NEW); PL 2021, c. 548, §45 (REV).]

2. Expenses. Associated administrative costs and expenses attributable to the investment trust fund must be charged to the investment trust fund. [PL 2007, c. 240, Pt. RRR, §2 (NEW).]
5 M.R.S. § 20001 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20001
5 §20001. Title
Status: in_force

This chapter may be known and cited as the "Maine Substance Use Disorder Prevention, Treatment and Recovery Act." [PL 2019, c. 524, §1 (AMD).]
5 M.R.S. § 19301 — ME Code / Title 5 / Part 23 / Chapter 503 / Section 19301
5 §19301. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 677, §1 (NEW).]

1. Genetic characteristic. "Genetic characteristic" means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. [PL 1997, c. 677, §1 (NEW).]

2. Genetic information. "Genetic information" means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member. [PL 1997, c. 677, §1 (NEW).]

3. Genetic test. "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic. [PL 1997, c. 677, §1 (NEW).]
5 M.R.S. § 11111 — ME Code / Title 5 / Part 18 / Chapter 377-A / Section 11111
5 §11111. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 524, §15 (NEW).]

1. Agency, person and rule. "Agency," "person" and "rule" are defined in section 8002 , except that "rule" also means a proposed rule. [PL 1981, c. 524, §15 (NEW).]

2. Committee. "Committee" means a joint standing committee of the Legislature. [PL 1981, c. 524, §15 (NEW).]

3. Director. "Director" means the Executive Director of the Legislative Council. [PL 1985, c. 737, Pt. B, §14 (AMD).]
5 M.R.S. § 13100 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13100
5 §13100. Small Business and Entrepreneurship
Status: in_force

The commissioner shall create within existing budgeted resources the Office of Small Business and Entrepreneurship and appoint a director to operate the office. [PL 2005, c. 458, §2 (NEW).]

1. Director. The director reports to the commissioner. The director is responsible for advocacy, policies and programs that stimulate investment and growth in small business and entrepreneurship. The director is the liaison to the public for gubernatorial initiatives on small business and entrepreneurship. [PL 2005, c. 458, §2 (NEW).]

2. Duties. The director shall: A. Advocate for small business and entrepreneurship throughout all levels of State Government; [PL 2005, c. 458, §2 (NEW).] B. Assist in the oversight and auditing of the State's investments in small business and entrepreneurship initiatives, programs and service providers; [PL 2005, c. 458, §2 (NEW).] C. Chair the Maine Entrepreneurship Working Group, which shall act as the advisory group to the Maine Small Business and Entrepreneurship Commission and subsequently the department; [PL 2005, c. 458, §2 (NEW).] D. Prepare a biennial state of small business and entrepreneurship report to the Legislature; and [PL 2005, c. 458, §2 (NEW).] E. Oversee the Business Answers program, the Maine Products Marketing Program and other department programs and initiatives relevant to small business and entrepreneurship. [PL 2005, c. 458, §2 (NEW).] [PL 2005, c. 458, §2 (NEW).]
5 M.R.S. § 10001 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10001
5 §10001. Adjudicatory proceedings
Status: in_force

When licensing is required as a matter of constitutional right or by statute to be preceded by notice and opportunity for hearing, the provisions of subchapter IV concerning adjudicatory proceedings shall apply. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 6207-A — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6207-A
5 §6207-A. Use of eminent domain
Status: in_force

The board may expend funds to acquire an interest in land obtained by the use of eminent domain only if the acquisition has been approved by the Legislature or is with the consent of the owner or owners of the land, as the identity and address of the owner or owners is shown on the tax maps or other tax records of the municipality in which the land is located. If the land is located within the unorganized territory, for purposes of this section the identity of the owner or owners must be as shown on the tax maps or other tax records of the State Tax Assessor. [PL 1995, c. 139, §1 (AMD).]
5 M.R.S. § 1667-B — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1667-B
5 §1667-B. Allotment in excess of legislatively authorized allocations
Status: in_force

Allotments in Other Special Revenue funds accounts, internal service fund accounts and enterprise funds, except the State Lottery Fund and the Dirigo Health Enterprise Fund, may exceed current year allocations and the unused balance of allocations authorized to carry forward by law under the following conditions, except that funds in Other Special Revenue funds accounts, internal service fund accounts and enterprise funds must be expended in accordance with the statutes that establish the accounts and for no other purpose: [PL 2005, c. 386, Pt. D, §2 (AMD).]

1. Sufficient cash. Sufficient cash is available from the Other Special Revenue funds accounts, the internal service fund accounts or the unencumbered balance authorized to carry forward by law; [PL 2005, c. 12, Pt. T, §7 (NEW).]

2. Recommendation and approval. Allotment of the funds under subsection 1 is recommended by the State Budget Officer and approved by the Governor by financial order as an allotment increase in the annual work program; [PL 2005, c. 12, Pt. T, §7 (NEW).]

3. Legislative review. Excluding the State - Municipal Revenue Sharing program, Other Special Revenue Funds account, the Disproportionate Tax Burden Fund program, Other Special Revenue Funds account in the Office of the Treasurer of State and accounts when allotting funds to pay death benefits pursuant to Title 25, chapter 195‑A , allotment of the funds under subsection 1 is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; [PL 2011, c. 655, Pt. K, §1 (AMD).]

4. 30-day wait. Excluding the State - Municipal Revenue Sharing program, Other Special Revenue Funds account, the Disproportionate Tax Burden Fund program, Other Special Revenue Funds account in the Office of the Treasurer of State and accounts when allotting funds to pay death benefits pursuant to Title 25, chapter 195‑A , allotment of the funds under subsection 1 does not take effect until 30 days after the approval by the Governor; and [PL 2011, c. 655, Pt. K, §1 (AMD).]

5. Collective bargaining; detrimental effect. Either one of the following: A. Allotment of the funds under subsection 1 is required to provide for the costs of approved collective bargaining agreements; or [PL 2005, c. 12, Pt. T, §7 (NEW).] B. Failure to allot the funds under subsection 1 could have a significant detrimental impact on current programs. [PL 2005, c. 12, Pt. T, §7 (NEW).] [PL 2005, c. 12, Pt. T, §7 (NEW).]

In case of extraordinary emergency situations, the requirements of subsection 4 may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [PL 2005, c. 12, Pt. T, §7 (NEW).]
5 M.R.S. § 17052 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17052
5 §17052. Mandatory retirement
Status: in_force

1. Prohibition. No employee may be required, as a condition of employment, to retire at or before a specified age or after completion of a specified number of years of service. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Normal retirement age. This section may not be construed to prohibit the use of a normal retirement age, except that normal retirement age and the accrual or awarding of pension or retirement benefits may not be used in any way to require the retirement of an employee or to deny employment to a person. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13070-P — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-P
5 §13070-P. Comprehensive evaluation of state investments in economic development
Status: in_force

1. Conduct evaluation. By February 1, 2021, and every 4 years thereafter, the commissioner shall submit a comprehensive evaluation of state economic development investments, referred to in this section as "the evaluation," not to include programs subjected to independent evaluations required by federal programs, to the Governor and the Legislature. A. The scope of the evaluation must include research and development activities and economic development incentives in this State. [PL 2017, c. 264, §13 (NEW).] B. The evaluation must be performed by independent, objective reviewers. [PL 2017, c. 264, §13 (NEW).] C. The evaluation objectives include, but are not limited to, an assessment of: (1) The extent to which the State's portfolio of economic development investments, particularly in terms of level and types of investments, aligns with and supports the state strategic economic improvement plan; (2) The extent to which individual activities and programs, or groups of activities and programs, within the State's portfolio are contributing to the achievement of particular goals, measurable objectives and performance targets associated with the state strategic economic improvement plan; (3) How the State's portfolio of economic development investments, particularly in terms of level and types of investments, compares to investments in other states; (4) The effect of the State's economic development investments in improving the competitiveness of the State's established and emerging technology and industry sectors in regional, national and global arenas; and (5) The extent to which the overall framework for the State's economic development investments provides for sufficient transparency and accountability, effective and efficient coordination among the State's activities and programs and easy access for interested businesses and other entities. [PL 2017, c. 264, §13 (NEW).] D. The evaluation must include recommendations to the department, the Governor and the Legislature on any identified: (1) Opportunities to modify the current portfolio of state economic development investments, particularly with regard to level of investment or types of activities and programs, in order to better align resources with the state strategic economic improvement plan and more cost-effectively support achievement of goals, objectives and performance targets associated with the plan; (2) Opportunities to shift investments from economic development activities and programs to other state efforts in order to better align resources with the state strategic economic improvement plan and more cost-effectively support achievement of goals, objectives and performance targets associated with the plan; (3) Opportunities to improve transparency and accountability for state economic development investments, coordination among economic activities and programs in the portfolio or accessibility of business and other entities to those activities and programs; and (4) Areas for improvement. [PL 2017, c. 264, §13 (NEW).] E. In planning and conducting the evaluation, the department and independent reviewers may consider pertinent information available from the Maine Economic Growth Council, as established in Title 10, section 929‑A , and from reviews conducted by the Office of Program Evaluation and Government Accountability, as established in Title 3, section 991 . The independent reviewers may consult with the Office of Program Evaluation and Government Accountability on accessing data, confidential or otherwise, necessary for the evaluation. [PL 2017, c. 264, §13 (NEW).] [PL 2017, c. 264, §13 (NEW).]

2. Action on evaluation recommendations. By February 1, 2021 and every 4 years thereafter, the commissioner shall present the evaluation and results from the most recent evaluation required under this section to the joint standing committee of the Legislature having jurisdiction over economic development matters and the joint standing committee of the Legislature having jurisdiction over taxation matters. The commissioner shall report to the Governor and the committees on actions planned by the department and other entities administering the programs to address the recommendations made. The committees shall also consider the independent reviewers' recommendations and may each submit a bill to the Legislature to implement recommendations. By February 1, 2023 and by February 1st every 4 years thereafter, the commissioner shall submit to the Governor, the joint standing committee of the Legislature having jurisdiction over economic development matters and the joint standing committee of the Legislature having jurisdiction over taxation matters a progress report related to the evaluation required under this section that describes the implementation status of the planned actions to address the recommendations from the prior evaluation. [PL 2023, c. 599, §1 (AMD).]
5 M.R.S. § 1547 — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1547
5 §1547. Annual financial report of the State
Status: in_force

The State Controller shall prepare a comprehensive annual financial report in accordance with standards established by a governmental accounting standards board. This report is the official annual financial report of the State Government as defined in section 1541, subsection 11 . [PL 1999, c. 731, Pt. RRR, §1 (RPR).]

1. Office of the State Controller shall complete financial statements, notes and other documentation. Following the official close of the State's fiscal year ending on June 30th, the Department of Administrative and Financial Services, Office of the State Controller, under the direction of the State Controller, shall prepare and complete all financial statements, notes and other documentation as considered necessary by the State Controller in accordance with all governing rules, statutes and generally accepted accounting principles. This information must be made available to the Office of the State Auditor no later than November 1st of that year. [PL 1999, c. 731, Pt. RRR, §1 (NEW); PL 2003, c. 600, §4 (REV); PL 2013, c. 16, §10 (REV).]

2. State agencies shall adhere to guidelines and procedures. In order to ensure compliance with subsection 1 , all state departments, agencies and component units as described in subsection 3 shall adhere to all established guidelines and procedures set forth by the State Controller to ensure the accurate reporting of the State's financial condition to the Office of the State Auditor. [PL 1999, c. 731, Pt. RRR, §1 (NEW); PL 2013, c. 16, §10 (REV).]

3. Component units. Component units of the State include, but are not limited to, the following organizations: the Loring Development Authority of Maine; the Finance Authority of Maine; the Maine Municipal Bond Bank; the Maine Health and Higher Education Facilities Authority; the Maine Governmental Facilities Authority; the Maine Maritime Academy; the Maine State Housing Authority; the University of Maine System; the Maine Community College System; and the Maine Public Employees Retirement System. The State Controller may identify additional component units in accordance with standards established by a governmental accounting standards board. [PL 2015, c. 170, §2 (AMD); PL 2015, c. 170, §30 (AFF).]

4. State departments and agencies shall submit financial statements. All state departments and agencies shall submit to the Department of Administrative and Financial Services, Office of the State Controller, no later than September 1st following the official close of the State's fiscal year, all financial statements and schedules of expenditures of federal awards and any other materials considered necessary by the State Controller. [PL 1999, c. 731, Pt. RRR, §1 (NEW); PL 2003, c. 600, §4 (REV).]

5. Component units shall submit audited financial statements. All component units, as described in subsection 3 , shall submit audited financial statements to the Department of Administrative and Financial Services, Office of the State Controller no later than October 15th following the official close of the State's fiscal year. [PL 1999, c. 731, Pt. RRR, §1 (NEW); PL 2003, c. 600, §4 (REV).]

6. Maine Turnpike Authority. Notwithstanding any other provision of law, the Maine Turnpike Authority, beginning on July 1, 2012 and every July 1st thereafter, is directed to submit its annual financial report to the Department of Administrative and Financial Services, Office of the State Controller, the Office of the State Auditor and 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 transportation matters in accordance with all governing rules, statutes and generally accepted accounting principles. [PL 1999, c. 731, Pt. RRR, §1 (NEW); PL 2003, c. 600, §4 (REV); PL 2013, c. 16, §10 (REV).]

7. Other related organizations. All legislatively created public instrumentalities and related organizations for which the State is financially accountable or that have a significant relationship with the State as defined by a governmental accounting standards board that are not included in subsection 3 that receive funds from bond issues must comply with the fiscal reporting policies established by the State Controller. The fiscal and reporting policies must include: A. Internal control standards required by section 1541, subsection 10‑A ; [PL 2003, c. 451, Pt. F, §2 (NEW).] B. Quarterly reporting to the State Controller that includes a detail of transactions and reconciliation of all accounts; [PL 2003, c. 451, Pt. F, §2 (NEW).] C. No later than October 15th annually, submission to the Department of Administrative and Financial Services, Office of the State Controller of all financial statements and schedules of expenditures of federal awards; [PL 2003, c. 451, Pt. F, §2 (NEW); PL 2003, c. 600, §4 (REV).] D. Financial statements that are prepared in accordance with the standards and requirements established by a governmental accounting standards board; and [PL 2003, c. 451, Pt. F, §2 (NEW).] E. Submission annually to the Department of Administrative and Financial Services, Office of the State Controller of a copy of the independent auditor's report, including any findings, recommendations and management letter comments, and any other materials considered necessary by the State Controller. [PL 2003, c. 451, Pt. F, §2 (NEW); PL 2003, c. 600, §4 (REV).] Legislatively created public instrumentalities and other related organizations required to comply under this subsection that must also comply with the federal Office of Management and Budget circulars, regulations issued by a governmental accounting standards board or other accounting, auditing and reporting requirements may submit that information to the State Controller to satisfy the requirements of this subsection. [PL 2021, c. 36, §3 (AMD).]

8. Code of ethics for component units, public instrumentalities, related organizations and independent agencies. All component units and related organizations as defined by the governmental accounting standards board and legislatively created public instrumentalities and independent agencies are each required to develop a code of ethics to guide the operations and financial administration of each particular entity. The code of ethics must be disseminated to each employee of such an entity and be available for inspection by the State Controller and State Auditor and the general public. The code of ethics adopted by the executive branch may serve as a model. The State Controller may from time to time ensure that each entity is in compliance with its code of ethics as it applies to financial administration of the entity. [PL 2007, c. 107, §1 (NEW).]
5 M.R.S. § 946-A — ME Code / Title 5 / Part 2 / Chapter 71 / Section 946-A
5 §946-A. Department of Health and Human Services
Status: in_force

1. Major policy-influencing positions. The positions subject to appointment by the commissioner are major policy-influencing positions within the Department of Health and Human Services. A. [PL 2007, c. 539, Pt. N, §5 (RP).] B. [PL 2005, c. 412, §4 (RP).] C. [PL 2005, c. 412, §4 (RP).] C-1. [PL 2007, c. 539, Pt. N, §5 (RP).] C-2. [PL 2007, c. 539, Pt. N, §5 (RP).] C-3. [PL 2007, c. 539, Pt. N, §5 (RP).] C-4. [PL 2007, c. 539, Pt. N, §5 (RP).] C-5. [PL 2007, c. 539, Pt. N, §5 (RP).] C-6. [PL 2007, c. 539, Pt. N, §5 (RP).] C-7. [PL 2007, c. 539, Pt. N, §5 (RP).] C-8. [PL 2007, c. 539, Pt. N, §5 (RP).] D. [PL 2005, c. 412, §4 (RP).] E. [PL 2005, c. 412, §4 (RP).] E-1. [PL 2007, c. 539, Pt. N, §5 (RP).] F. [PL 2007, c. 539, Pt. N, §5 (RP).] G. [PL 2007, c. 539, Pt. N, §5 (RP).] H. [PL 2007, c. 539, Pt. N, §5 (RP).] I. [PL 2007, c. 539, Pt. N, §5 (RP).] J. [PL 2007, c. 539, Pt. N, §5 (RP).] K. [PL 2005, c. 519, Pt. Z, §2 (RP).] L. [PL 2007, c. 539, Pt. N, §5 (RP).] [PL 2007, c. 539, Pt. N, §5 (AMD).]
5 M.R.S. § 1824-B — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1824-B
5 §1824-B. State Procurement Review Committee
Status: in_force

The State Procurement Review Committee, referred to in this section as "the committee," is established to oversee, subject to the provisions of section 1825‑B, subsection 2 , the purchase of services subject to this chapter that cost $1,000,000 or more. The purchase of services that cost less than $1,000,000 may be subject to this section at the discretion of the chair of the committee. [PL 2021, c. 332, §4 (NEW).]

1. Membership. The membership of the committee includes: A. A member of the Governor's staff, appointed by the Governor; [PL 2021, c. 332, §4 (NEW).] B. The Chief Procurement Officer of the Office of Procurement Services within the Department of Administrative and Financial Services or the officer's designee; [PL 2023, c. 516, Pt. B, §16 (AMD).] C. The State Budget Officer or the State Budget Officer's designee; [PL 2021, c. 332, §4 (NEW).] D. The State Controller or the State Controller's designee; and [PL 2021, c. 332, §4 (NEW).] E. The Attorney General or the Attorney General's designee, serving as a nonvoting member. [PL 2021, c. 332, §4 (NEW).] The Chief Information Officer or the Chief Information Officer's designee is a committee member when the services to be purchased by a department or agency are within the Chief Information Officer's responsibilities and duties under chapter 163 . [PL 2023, c. 516, Pt. B, §16 (AMD).]

2. Chair. The Chief Procurement Officer of the Office of Procurement Services within the Department of Administrative and Financial Services or the officer's designee shall serve as chair of the committee. [PL 2023, c. 516, Pt. B, §17 (AMD).]

3. Unanimous consent. A decision by the committee requires unanimous consent. [PL 2021, c. 332, §4 (NEW).]

4. Requests for review. Prior to issuing a request for proposals, executing a contract or grant or renewing, extending, amending or otherwise altering an existing contract or grant to purchase services that cost $1,000,000 or more, a department or agency shall submit a request for review to the chair of the committee. The department or agency shall submit to the chair the request for proposals, proposed contract, contract amendment and related contract bid documents, as appropriate. The committee may request additional information and documentation from the department or agency. [PL 2021, c. 332, §4 (NEW).]

5. Attorney General review. If the cost of the request for proposals, contract or grant or renewal, extension, amendment or other alteration to an existing contract or grant is likely to equal or exceed $3,000,000, the department or agency shall give the Attorney General the opportunity to review the proposal, contract or grant or the renewal, extension, amendment or other alteration to an existing contract or grant prior to submitting a request for review pursuant to subsection 4 . The Attorney General, or the Attorney General's designee, may review the terms of the proposal, contract or grant or the renewal, extension, amendment or other alteration to an existing contract or grant and notify the department or agency of any concerns with the terms. [PL 2021, c. 332, §4 (NEW).]

6. Duties. The committee may approve a request to issue a request for proposals, execute a contract or grant or renew, extend, amend or otherwise alter an existing contract or grant subject to this section if the committee finds that: A. The service to be provided under the contract or grant cannot be economically provided by a department or agency; [PL 2021, c. 332, §4 (NEW).] B. The contract or grant is the most economical, effective and appropriate means of providing the service; [PL 2021, c. 332, §4 (NEW).] C. The contract or grant will not impair the ability of a department or agency to meet its statutory duties and responsibilities under state or federal laws, rules or regulations; and [PL 2021, c. 332, §4 (NEW).] D. The contract or grant will not diminish the impact of statewide or other budgetary cost-saving initiatives. [PL 2021, c. 332, §4 (NEW).] [PL 2021, c. 332, §4 (NEW).]

7. Rules; forms. The Department of Administrative and Financial Services may prescribe forms and adopt rules to carry out the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 332, §4 (NEW).]
5 M.R.S. § 1660-J — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-J
5 §1660-J. Nonparticipating department
Status: in_force

A nonparticipating department may not authorize agreement compliance and cost principles to be administered or conduct audits of community agencies unless the department has informed the commissioner that the department will adopt all provisions of this chapter and the department demonstrates the ability to do so. All audits performed in accordance with the provisions of this chapter and rules adopted pursuant to it must satisfy all department requirements. [PL 1995, c. 402, Pt. C, §2 (NEW).]
5 M.R.S. § 17759 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17759
5 §17759. Federal employment service
Status: in_force

1. Creditable service. An employee of the federal employment service who became an employee of a state department before the federal employment service was returned to state control is entitled to service credit for prior service and membership service for the time the person was with the federal employment service, if the person makes up whatever contributions would have been made if the federal service had been state membership service, including interest at a rate, to be set by the board, not to exceed the regular interest by 5 or more percentage points beginning January 1, 1976, to the date of payment. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Applicability. This section does not apply to any member who began membership on or after January 1, 1976. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13056-D — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13056-D
5 §13056-D. Communities for Maine's Future Program
Status: in_force

1. Program established; administration. The Communities for Maine's Future Program, referred to in this section as "the program," is established within the department to assist and encourage communities to revitalize and to promote community development and enhance projects. The department shall administer the program to provide funding for the rehabilitation, revitalization and enhancement of downtowns and village centers and main streets in the State. All funds received for this program must be deposited into the Communities for Maine's Future Fund established in subsection 7 . [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

2. Review panel. The Community for Maine's Future Review Panel, referred to in this section as "the panel," is established to evaluate proposals and determine funding under the program. The panel consists of: A. The commissioner; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. The Director of the Maine Historic Preservation Commission; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; and [PL 2011, c. 655, Pt. EE, §7 (AMD); PL 2011, c. 655, Pt. EE, §30 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).] D. Four members of the public, one with experience in economic and community development, one with experience in historic preservation, one with experience in downtown revitalization and one with experience in tourism development and promotion. The first 2 of these members are appointed by the President of the Senate and the remaining 2 by the Speaker of the House. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2011, c. 655, Pt. EE, §7 (AMD); PL 2011, c. 655, Pt. EE, §30 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

3. Review process. The panel shall review proposals for funding under the program in accordance with this subsection. A. The panel shall establish the deadline by which proposals must be postmarked and received. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. Department staff shall undertake the initial review and preliminary scoring of proposals. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. A subcommittee appointed by the panel to score proposals shall review and determine the final score for the proposals. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] D. A subcommittee appointed by the panel to nominate finalists shall review all of the proposals, identify issues for full review and discussion by the panel and recommend project finalists to the full panel for detailed review and consideration. [RR 2017, c. 1, §1 (COR).] E. The panel shall review all the proposals submitted, select the finalists and allocate funding. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] In reviewing proposals, the panel shall use the scoring system established in subsection 5 . [RR 2017, c. 1, §1 (COR).]

4. Applicant requirements. An applicant for funding under this section must: A. Be a city or town; and [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. Demonstrate the capacity to undertake the project with a reasonable prospect of bringing it to a successful conclusion. In assessing an applicant's ability to meet the requirements of this paragraph, the panel may consider all relevant factors, including but not limited to the applicant's level of debt; fund-raising ability; past economic and community development activities; grants from federal, state or local sources; previous historic preservation, rehabilitation or enhancement activity; organizational history; scope of economic or revitalization vision; and evidence of success in previous efforts. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

5. Scoring system. The department and the panel shall develop a scoring system for use by the panel in evaluating proposals under this section. The scoring system must be designed to identify those projects that are most aligned with the State's economic and community development and historic preservation and enhancement priorities. The scoring system must assign points according to the relative value of: A. The economic significance of the proposed project to the immediate vicinity and to the State as a whole; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. The level of compatibility with the historic community character; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. The value of the proposed project with respect to historic preservation and rehabilitation; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] D. The value of the proposed project with respect to downtown revitalization; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] E. The value of the proposed project to encourage or accomplish sustainable, mixed-use, pedestrian-oriented or transit-oriented development; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] F. The extent to which the proposed project meets or exceeds minimum energy efficiency standards, uses green building practices or materials, or both; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] G. The value of the proposed project with respect to tourism promotion and development; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] H. The degree of community support for the proposed investment; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] I. The extent to which the proposed project involves other preservation partnerships and meets multiple criteria within this section; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] J. The match provided by the applicant; and [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] K. Related public funding sources supporting the project. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

6. Additional criteria. In addition to evaluating the proposals using the scoring system established in subsection 5, the panel shall also consider criteria in reviewing a proposal: A. The level to which a proposal supports the open space or recreation objectives, or both, of a local comprehensive plan; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. The extent to which a project is consistent with an adopted comprehensive plan that meets the standards of the laws governing growth management pursuant to Title 30‑A, chapter 187 ; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. The extent to which a project is consistent with an existing strategic plan for downtown or village center revitalization; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] D. The current and anticipated demand for use and diversity of uses of this site; [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] E. The extent to which the project is consistent with any relevant regional economic development plan or other relevant regional plan; and [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] F. Any additional benefits that contribute to the character of the town or region in which the project is situated, including the rehabilitation or renovation of mills and other buildings in the community. [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

7. Communities for Maine's Future Fund created. The Communities for Maine's Future Fund, referred to in this subsection as "the fund," is established to provide funding for the rehabilitation, revitalization and enhancement of downtowns and village centers and main streets in the State. The fund is a dedicated, nonlapsing fund, and all revenues deposited in the fund remain in the fund and must be disbursed in accordance with this section. [RR 2017, c. 1, §2 (COR).]

8. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 414, Pt. G, §1 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]
5 M.R.S. § 23 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 23
5 §23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees
Status: in_force

A supervisor shall not discharge, threaten or otherwise discriminate against a state employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee, in compliance with this chapter, testified before or provides information to a legislative committee. [PL 1985, c. 167 (NEW).]
5 M.R.S. § 18501-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18501-A
5 §18501-A. Applicability
Status: in_force

This article applies to all disabilities for which written applications are received by the chief executive officer before October 1, 1989. All disabilities for which written applications are received by the chief executive officer after September 30, 1989, are subject to article 3‑A . [PL 1989, c. 409, §§10, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 18458 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18458
5 §18458. Recomputation of benefit
Status: in_force

When a participating local district adopts the benefits provided by the Public Laws of 1973, chapter 542, benefits for former employees receiving a retirement benefit shall be recomputed as follows. [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. 1/50 basis. Each person receiving a service retirement benefit is entitled to a recomputation of benefits based upon the change in formula to a 1/50 basis. A. The amount resulting from the recomputation, not including retirement benefit adjustments granted under section 18407 , shall be paid to the retirement benefit recipient effective the first day of the month following the effective date of adoption of these benefits by the participating local district. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. Adjustments granted under section 18407 may not be changed by a recomputation of benefits under this section. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Three-year average basis. Each person who is receiving a service retirement benefit which had been computed on the basis of a 5-year average highest compensation is entitled to a recomputation of benefits based on a 3-year average highest compensation. A. If the recomputed benefit represents less than a 2% increase on the basic retirement benefit, not including amounts accrued under section 18407 , the recomputed benefit will not be paid. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. If the recomputed benefit represents more than a 2% increase on the basic retirement benefit, the retirement system shall pay the recomputed benefits, effective the first day of the month following the effective date of adoption of these benefits by the participating local district. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 92 — ME Code / Title 5 / Part 1 / Chapter 6 / Section 92
5 §92. Declaration of policy
Status: in_force

The Legislature declares that it is the policy of the State to make the operations of State Government and local government more efficient, more effective and more economical through records management; and, to the end that the people may derive maximum benefit from a knowledge of state affairs, preserve its records of permanent value for study and research. [PL 1997, c. 636, §1 (AMD).]

It is also the policy of the State to ensure that operational, nonpermanent records of agencies are preserved for the time required by approved records retention schedules established pursuant to section 95‑C, subsection 2, paragraph A , subparagraph (3) to meet administrative use, legal, fiscal and audit requirements and to ensure compliance with requests for public records under the Freedom of Access Act. [PL 2019, c. 50, §1 (NEW).]
5 M.R.S. § 932 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 932
5 §932. Department of Attorney General
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Attorney General. Notwithstanding any other provision of law, these positions and their successor positions shall be subject to this chapter: A. Deputy Attorneys General; and [PL 1983, c. 729, §4 (NEW).] B. Assistant Attorneys General. [PL 1983, c. 729, §4 (NEW).] [PL 1983, c. 729, §4 (NEW).]
5 M.R.S. § 1558 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1558
5 §1558. Annual report
Status: in_force

The State Controller shall annually report on the amount of late fees incurred by the various state agencies. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 28 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 28
5 §28. Civil actions for injunctive relief or other remedies
Status: in_force

A state employee who alleges a violation of that employee's rights under this chapter may bring a civil action, including an action for injunctive relief, within 120 days after the occurrence of that alleged violation. The action may be brought in the Superior Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the person against whom the civil complaint is filed resides. [RR 2023, c. 2, Pt. B, §9 (COR).]

An employee must establish each and every element of the case by a preponderance of the evidence. [RR 2023, c. 2, Pt. B, §9 (COR).]
5 M.R.S. § 1784 — ME Code / Title 5 / Part 4 / Chapter 154 / Section 1784
5 §1784. Rent and fees
Status: in_force

In providing a lease under this chapter, the director shall require payment of fees or charges that, at a minimum, cover the costs of utilities, including heat, custodial services and any other costs generated by the lessee. In addition, a monthly rental fee shall be charged to the user which need not necessarily be the current rate charged in the private sector for similar facilities. [PL 1985, c. 758, §1 (NEW).]

1. Provision of services to the State. If the lessee provides services or assistance to the State at no charge or at significantly reduced charges or the lessee provides in-kind contributions, the monthly rental fee may be reduced or waived by mutual agreement of the director and the commissioner or director of the agency of jurisdiction. [PL 1985, c. 758, §1 (NEW).]
5 M.R.S. § 13083-I — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-I
5 §13083-I. Midcoast Regional Redevelopment Authority; powers; membership; obligations
Status: in_force

1. Powers. The authority is a public municipal corporation and may: A. Sue and be sued; [PL 2005, c. 599, §1 (NEW).] B. Adopt bylaws or rules consistent with this article for the governance of its affairs; [PL 2005, c. 599, §1 (NEW).] C. Exercise all of the general powers of corporations under Title 13‑C, section 302 ; [PL 2005, c. 599, §1 (NEW).] D. Exercise the power of eminent domain; [PL 2005, c. 599, §1 (NEW).] E. Provide for the public safety by imposing appropriate rules, regulating appropriate use of the base facilities and enforcing laws and rules as they apply to the use of the base facilities; [PL 2005, c. 599, §1 (NEW).] F. Charge and collect fees, charges and rents for the use of the properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this article, both subject to and in accordance with any agreement with bondholders that may be made as provided in this article; [PL 2005, c. 599, §1 (NEW).] G. Contract with the Federal Government or its instrumentalities or agencies, this State or its agencies, instrumentalities or municipalities, public bodies, private corporations, partnerships, associations and individuals to carry out the purposes of this article; [PL 2005, c. 599, §1 (NEW).] H. Accept the cooperation of the Federal Government or its agencies in the construction, maintenance, reconstruction, operation and financing of the readjustment of the base and take necessary actions to utilize that aid and cooperation; [PL 2005, c. 599, §1 (NEW).] I. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes of this article, give any security that is required and enter into and carry out contracts in connection with that financial assistance; [PL 2005, c. 599, §1 (NEW).] J. Borrow money, make, issue and sell at public or private sale negotiable notes, bonds and other evidences of indebtedness or obligation of the authority for the purposes under this article and secure the payment of that obligation or any part of that obligation by pledge of all or any part of the operating revenues of the authority; [PL 2005, c. 599, §1 (NEW).] K. Enter into loan or security agreements with one or more lending institutions, including, but not limited to, banks, insurance companies and institutions that administer pension funds, or trustees for those institutions for the issuance of bonds and exercise with respect to those loan or security agreements all of the powers delineated in this article for the issuance of bonds; [PL 2005, c. 599, §1 (NEW).] L. Provide from operating revenues for the maintenance, construction or reconstruction of facilities to ensure the public safety for which the authority has not otherwise provided; [PL 2005, c. 599, §1 (NEW).] M. Use operating revenues to provide payment of obligations, if any, due to the United States to implement the readjustment or reuse of the base facility; [PL 2005, c. 599, §1 (NEW).] N. Adopt rules pursuant to the Maine Administrative Procedure Act; and [PL 2005, c. 599, §1 (NEW).] O. Take all other lawful action necessary and incidental to these powers. [PL 2005, c. 599, §1 (NEW).] [PL 2005, c. 599, §1 (NEW).]

2. Membership; appointment. The authority is governed by a board of trustees composed of 12 voting members appointed pursuant to paragraphs C and D by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and to confirmation by the Senate and one additional trustee who serves as a voting member appointed pursuant to paragraph F by the Governor. A. Except for the trustee appointed pursuant to paragraph F , trustees are appointed for 4-year terms, except that, for initial appointments, 3 trustees are appointed to one-year terms, 3 trustees are appointed to 2-year terms, 2 trustees are appointed to 3-year terms, 2 trustees are appointed to 4-year terms and the commissioners designated pursuant to paragraph D serve at the pleasure of the Governor. A vacancy must be filled in the same manner as the original appointment for the balance of the unexpired term. [PL 2025, c. 412, §4 (AMD).] B. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of the holdover trustee's term. [PL 2005, c. 599, §1 (NEW).] C. The Governor shall appoint 10 trustees, who serve as voting members, of which at least 3 are residents of Brunswick, Brunswick town officials or Brunswick business owners and at least one is a resident of Topsham, a staff member of the Topsham town administration or a Topsham business owner. The Governor shall appoint members who reflect the diversity of interests represented by these communities. [PL 2025, c. 412, §4 (AMD).] D. The Governor shall designate 2 commissioners of 2 different departments of State Government to be voting, ex officio members of the board of trustees. [PL 2025, c. 412, §4 (AMD).] E. [PL 2025, c. 412, §4 (RP).] F. The Governor shall appoint one trustee, who serves as a voting member, from a preapproved list of candidates for the trustee seat provided by the Brunswick town council. [PL 2025, c. 412, §4 (NEW).] [PL 2025, c. 412, §4 (AMD).]

3. Quorum. Six members constitute a quorum. Six affirmative votes are required for the board of trustees to take action. [PL 2005, c. 599, §1 (NEW).]

4. Liability. The liability of the authority is governed by the Maine Tort Claims Act. A member of the board of trustees or an employee of the authority is not subject to any personal liability for having acted in the service of the member's or employee's duty as a member of the board or an employee of the authority within the course and scope of membership or employment to carry out a power or duty under this article. The authority shall indemnify a member of the board or an employee of the authority against expenses actually and necessarily incurred in connection with the defense of an action or proceeding in which a member of the board or an employee is made a party by reason of past or present association with the authority. [PL 2009, c. 641, §2 (AMD).]

5. Expenses. A trustee is not entitled to receive compensation for services to the authority but is entitled to receive reimbursement for necessary expenditures, including travel expenses, incurred in carrying out those services. [PL 2005, c. 599, §1 (NEW).]

6. Officers; employees. The board of trustees shall elect a chair and vice-chair from among its members. The authority may employ an executive director, technical experts and other agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. For required legal services, the authority may employ or retain its own counsel and legal staff. [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 19504 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19504
5 §19504. Organization
Status: in_force

The protection and advocacy agency for persons with disabilities, designated by the Governor, must meet the following requirements. [PL 1989, c. 837, §1 (NEW).]

1. Governing authority. The agency is governed by an authority established in accordance with the following. A. Members must be selected in accordance with the agency's policies and procedures. [PL 1989, c. 837, §1 (NEW).] B. By October 1, 1990, membership must include the chair of the advisory council, described in subsection 2 , and other individuals who represent or who are knowledgeable about the needs of the clients served by the agency. [PL 1989, c. 837, §1 (NEW).] C. The governing authority is responsible for the planning, design, establishment of priorities and implementation and functioning of the agency, subject to the provisions of subsection 2 . [PL 1989, c. 837, §1 (NEW).] [PL 1989, c. 837, §1 (NEW).]

2. Advisory council. The agency shall establish an advisory council with the following membership and duties. A. The advisory council shall advise the agency on policies and priorities to be followed in carrying out the duties of the agency as the protection and advocacy agency for individuals with mental illness. [PL 2001, c. 357, §11 (AMD).] B. Members of the advisory council must include attorneys, mental health professionals, individuals from the public who are knowledgeable about mental illness and the advocacy needs of persons with mental illness and who have demonstrated a substantial commitment to improving mental health services, a provider of mental health services, individuals who have received or who are receiving mental health services and family members of those individuals. At least 60% of the membership must consist of individuals who have received or who are receiving mental health services and family members of those individuals. [PL 2001, c. 357, §11 (AMD).] [PL 2001, c. 357, §11 (AMD).]
5 M.R.S. § 13070-K — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-K
5 §13070-K. Economic development incentive contract
Status: in_force

If the commissioner enters into a contractual relationship with a business regarding the provision of an economic development incentive in return for the business's agreement to locate, expand or retain its facilities in the State, that contract must contain a statement of the State's expected public benefit from its investment of public funds. [PL 2001, c. 481, §3 (AMD).]
5 M.R.S. § 90-O — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-O
5 §90-O. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 304, Pt. D, §2 (NEW).]

1. Agency. "Agency" has the same meaning as set out in section 8002, subsection 2 . [PL 2011, c. 304, Pt. D, §2 (NEW).]

2. Agency enforcement action. "Agency enforcement action" means an enforcement action initiated by an agency against a small business. [PL 2011, c. 304, Pt. D, §2 (NEW).]

3. Complaint. "Complaint" means a request to the special advocate for assistance under section 90‑Q . [PL 2011, c. 304, Pt. D, §2 (NEW).]

4. Regulatory impact notice. "Regulatory impact notice" means a written notice from the Secretary of State to the Governor as provided in section 90‑S . [PL 2011, c. 304, Pt. D, §2 (NEW).]

5. Significant economic hardship. "Significant economic hardship" means a hardship created for a small business by a monetary penalty or license suspension or revocation imposed by an agency enforcement action that appears likely to result in the: A. Temporary or permanent closure of the small business; or [PL 2011, c. 304, Pt. D, §2 (NEW).] B. Termination of employees of the small business. [PL 2011, c. 304, Pt. D, §2 (NEW).] [PL 2011, c. 304, Pt. D, §2 (NEW).]

6. Small business. "Small business" means a business having 50 or fewer employees in the State. [PL 2011, c. 304, Pt. D, §2 (NEW).]

7. Special advocate. "Special advocate" means the person appointed pursuant to section 90‑P . [PL 2011, c. 304, Pt. D, §2 (NEW).]
5 M.R.S. § 1973 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1973
5 §1973. Responsibilities of the Chief Information Officer
Status: in_force

1. Information technology leadership. The Chief Information Officer shall: A. Provide central leadership and vision in the use of information and telecommunications technology on a statewide basis; [PL 2001, c. 388, §14 (NEW).] B. Set policies and standards for the implementation and use of information and telecommunications technologies, including privacy and security standards and standards of the federal Americans with Disabilities Act, for information technology; [PL 2005, c. 12, Pt. SS, §11 (AMD).] C. Assist the Governor's Office and the commissioner with development and support of information technology-related legislation; [PL 2001, c. 388, §14 (NEW).] D. Identify and implement information technology best business practices and project management; [PL 2005, c. 12, Pt. SS, §11 (AMD).] E. Facilitate research and development activities to identify and establish effective information technology service delivery in State Government; and [PL 2005, c. 12, Pt. SS, §11 (AMD).] F. Facilitate interjurisdictional collaboration, services, sharing and initiatives among agencies, instrumentalities and political subdivisions of State Government and with other states and the Federal Government. [PL 2005, c. 12, Pt. SS, §11 (NEW).] [PL 2005, c. 12, Pt. SS, §11 (AMD).]

2. Information technology communications. The Chief Information Officer shall provide information technology communications by serving: A. As the lead advocate for information and telecommunications technology directions, policies, standards and plans for the executive branch and independent units of State Government, constitutional offices, the media and the general public; [PL 2001, c. 388, §14 (NEW).] B. As information technology liaison to the Governor's office; [PL 2001, c. 388, §14 (NEW).] C. As information technology liaison to the judicial branch; [PL 2001, c. 388, §14 (NEW).] D. As information technology liaison to the legislative branch; and [PL 2001, c. 388, §14 (NEW).] E. On boards and committees as appropriate and as needed. [PL 2001, c. 388, §14 (NEW).] [PL 2001, c. 388, §14 (NEW).]

3. Information technology planning. In assisting with the development of an information technology plan, the Chief Information Officer shall: A. Establish and manage the process for strategic information technology planning, including the approval of all departments' information technology plans; [PL 2001, c. 388, §14 (NEW).] B. Submit a report on the information technology planning process to the Governor and the Legislature at the beginning of each legislative session; [PL 2001, c. 388, §14 (NEW).] C. Ensure integration of the enterprise strategic plan with unit-level information technology planning processes; and [PL 2001, c. 388, §14 (NEW).] D. Develop, implement and monitor compliance with statewide standards and architecture. [PL 2001, c. 388, §14 (NEW).] [PL 2001, c. 388, §14 (NEW).]

4. Information technology financial performance management. The Chief Information Officer shall develop an information technology financial performance management process to: A. Protect current and future investments in information and telecommunications technologies in State Government; [PL 2001, c. 388, §14 (NEW).] B. Identify ways to use information and telecommunications technologies to reduce cost of government and improve service to customers; [PL 2001, c. 388, §14 (NEW).] C. Identify business process improvement priorities that will yield the greatest cost benefits to the State; [PL 2001, c. 388, §14 (NEW).] D. Develop and administer a statewide information technology financial management and budget planning process; and [PL 2001, c. 388, §14 (NEW).] E. Establish performance and other outcomes measures and cost benefit analyses for information technology. [PL 2001, c. 388, §14 (NEW).] [PL 2001, c. 388, §14 (NEW).]

5. Information technology procurement and contract management. The Chief Information Officer shall: A. Approve all major or nonstandard information and telecommunications technology initiatives, contracts and acquisitions, including enterprise initiatives; and [PL 2001, c. 388, §14 (NEW).] B. Approve the Division of Purchases' standards and evaluation procedures for standard information and telecommunications technology acquisitions and contracts. [PL 2001, c. 388, §14 (NEW).] [PL 2001, c. 388, §14 (NEW).]

6. Information technology resource management. The Chief Information Officer shall establish a professional development plan with incentives and opportunities for the recruitment, retention, skill development and career advancement for information and telecommunications technology personnel. [PL 2001, c. 388, §14 (NEW).]
5 M.R.S. § 1783 — ME Code / Title 5 / Part 4 / Chapter 154 / Section 1783
5 §1783. Lease of state-owned facilities
Status: in_force

The director shall negotiate and have final approval of any lease or rental contract for all or a portion of any available state-owned building or facility. No available state-owned facility or building may be leased except as provided in this section, Title 12 , Title 23 , Title 30, chapter 233 , and Resolve 1986, chapter 68. [PL 1985, c. 758, §1 (NEW).]

1. Unused state facilities. In the event that an agency of jurisdiction finds that it has no need for an available facility, for a period of at least one year, the director may lease the available facility. [PL 1985, c. 758, §1 (NEW).]

2. State agencies to be given priority. In providing for the lease of an available facility, the director shall first offer the available facility to state agencies in the following order: A. State agencies or sub-units of state agencies which are not located in state-owned facilities; and [PL 1985, c. 758, §1 (NEW).] B. State agencies located in state-owned facilities. [PL 1985, c. 758, §1 (NEW).] [PL 1985, c. 758, §1 (NEW).]

3. Lease of state-owned facilities to other organizations. In the event that no state agency leases the available facility as provided in subsections 1 and 2 , the director, with the approval of the commissioner or director of the agency of jurisdiction, may, by competitive bid, offer to lease the facility to any other organization. A. Whenever the director offers to lease the available facility pursuant to this subsection, the director shall offer the lease to only those types of organizations that the agency of jurisdiction finds to be compatible with or conducive to the operation and services of the agency of jurisdiction. [PL 1985, c. 758, §1 (NEW).] B. Notwithstanding this subsection, the director may lease an available facility or portion of an available facility to a type of organization described in paragraph A without competitive bidding if: (1) A total of 2,500 square feet or less in the available facility is unused and therefore available for lease; or (2) The space leased is limited to 50% or less of the available facility up to a total of 20,000 square feet. [PL 2001, c. 525, §2 (NEW).] [PL 2001, c. 525, §2 (AMD).]

4. Standards. In offering a lease under the provisions of subsection 3 , the director shall include standards and conditions in the lease as determined by the commissioner or director of the agency of jurisdiction which, at a minimum, include the following: A. The types of uses compatible with and conducive to the activities of the agency of jurisdiction; and [PL 1985, c. 758, §1 (NEW).] B. The types of activities in which the lessee may engage which, at a minimum, shall include the following: (1) Any services or programs that the lessee is required to provide or offer; (2) Termination of lease provisions, to include 60-day notice by either the State or the lessee; (3) Capital improvements to be made or equipment to be provided by the lessee; (4) The length of the lease not to exceed 2 years, except when the director, with the approval of the commissioner or director of the agency of jurisdiction, finds that a longer term lease will accrue benefit to the State; (5) Following notice as provided in this subsection, termination of the lease by the State to accommodate the needs of a state agency; and (6) Any other provisions deemed necessary by the agency of jurisdiction or the director. [PL 1985, c. 758, §1 (NEW).] [PL 1985, c. 758, §1 (NEW).]
5 M.R.S. § 17708-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17708-A
5 §17708-A. State Police; members hired after July 1, 1992
Status: in_force

Notwithstanding section 17708 , a state police officer 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 17708 . [PL 2007, c. 491, §118 (AMD).]
5 M.R.S. § 13119-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13119-C
5 §13119-C. Disclosure permitted
Status: in_force

Notwithstanding section 13119‑A , information otherwise confidential under that section may be disclosed: [PL 1991, c. 368 (NEW).]

1. Financing institutions or credit reporting services. To a financing institution or credit reporting service; [PL 1991, c. 368 (NEW).]

2. Transfer of securities or bonds. To the extent necessary to the sale or transfer of revenue obligation securities or of general obligation bonds; [PL 1991, c. 368 (NEW).]

3. Collection of certain obligations. If necessary to ensure collection of any obligation in which the department or municipality has or may have an interest; [PL 1991, c. 368 (NEW).]

4. Litigation or proceeding. In any litigation or proceeding in which the department or the municipality appears, for the purposes of introduction of the information into the record; [PL 1991, c. 368 (NEW).]

5. Order by lawful authority. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as any such order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as any such order appears on its face or otherwise to have been issued or made upon lawful authority; or [PL 1991, c. 368 (NEW).]

6. Authorization. Upon written authorization of release of the confidential information by the person or persons to whom such information pertains. [PL 1991, c. 368 (NEW).]
5 M.R.S. § 88 — ME Code / Title 5 / Part 1 / Chapter 5 / Section 88
5 §88. Facsimile signature of Secretary of State
Status: in_force

A facsimile of the signature of the Secretary of State imprinted by or at the direction of the Secretary of State upon any renewal of commissions under authority of Title 4, section 1922 , upon any certificate of true copy, certificate of any record of the Secretary of State or certificate of good standing or upon any attestation required of the Secretary of State by law has the same validity as the Secretary of State's written signature. [PL 2021, c. 651, Pt. B, §1 (RPR); PL 2021, c. 651, Pt. B, §7 (AFF).]
5 M.R.S. § 8054 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8054
5 §8054. Emergency rulemaking
Status: in_force

1. Emergency. If the agency finds that immediate adoption of a rule by procedures other than those set forth in sections 8052 and 8053 is necessary to avoid an immediate threat to public health, safety or general welfare, it may modify those procedures to the minimum extent required to enable adoption of rules designed to mitigate or alleviate the threat found. Emergency rules shall be subject to the requirements of section 8056 . [PL 1977, c. 551, §3 (NEW).]

2. Agency findings. Any emergency rule must include, with specificity, the agency's findings with respect to the existence of an emergency, including any modifications of procedures, and such findings are subject to judicial review under section 8058 . Such findings must be included in the basis statement for any adopted emergency rule in a section labeled "findings of emergency." No emergency may be found to exist when the primary cause of the emergency is delay caused by the agency involved. [PL 2011, c. 244, §1 (AMD).]

3. Emergency period. Any emergency rule shall be effective only for 90 days, or any lesser period of time specified in an enabling statute or in the emergency rule. After the expiration of the emergency period, such rule shall not thereafter be adopted except in the manner provided by section 8052 . [PL 1977, c. 551, §3 (NEW).]

4. Fiscal impact; curtailment orders. An emergency rule adopted in whole or in part to satisfy the requirements of a temporary curtailment order by the Governor under section 1668 must include a specification of the dollar amount of curtailed funds attributable to each change adopted in the rule. [PL 2011, c. 244, §2 (NEW).]
5 M.R.S. § 1505 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1505
5 §1505. Petty Cash Funds
Status: in_force

A Petty Cash Fund must be allowed by the Commissioner of Administrative and Financial Services to each state department or agency that in the commissioner's opinion requires such a fund. The fund so established may be reimbursed only upon statements and bills audited by the State Controller. [PL 1991, c. 780, Pt. Y, §39 (AMD).]
5 M.R.S. § 146 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 146
5 §146. Equivalent bond to be issued on assignment
Status: in_force

Upon due assignment of any such registered bond and delivery thereof to the Treasurer of State, an equivalent bond or bonds, in form as provided, shall be issued to the assignee in substitution therefor.
5 M.R.S. § 8062 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8062
5 §8062. Performance standards
Status: in_force

When legislation authorizing any regulated activity requires that certain criteria be met in order that any license, permit, authorization or certification to undertake the regulated activity be granted and when an agency determines that performance standards will assist regulated parties in complying with the criteria, the standards shall be developed during the rule-making process and incorporated into adopted rules when performance standards are equally effective in meeting applicable statutory criteria. [PL 1989, c. 574, §8 (NEW).]
5 M.R.S. § 11115 — ME Code / Title 5 / Part 18 / Chapter 377-A / Section 11115
5 §11115. Committee recommendation
Status: in_force

If the committee determines that any of the criteria for review have not been met, it may discuss their findings with the agency. No agency may, on the basis of these discussions or any subsequent report of the committee, terminate a rule that is required by law. If the committee determines that the rule in question is inappropriate or unnecessary, it shall notify the applicant of its decision and may direct the Office of Policy and Legal Analysis to draft legislation to amend the law to provide that the authority of the agency to adopt the rule is clarified, modified or limited. Only by a majority vote of the committee shall legislation be introduced to amend or enact legislation pursuant to this section. No legislation may be introduced to implement a decision of a minority of the committee. [PL 1985, c. 737, Pt. B, §17 (AMD).]

After approval of the draft legislation, it shall be submitted according to the legislative rules for final preparation and introduction to the Legislature, if the Legislature is in session, or if not, to the next regular session of the Legislature. [PL 1981, c. 524, §15 (NEW).]

If the committee determines that no legislative action is required it shall prepare a brief report of its findings and transmit it to the applicant, agency and Legislative Council. [PL 1981, c. 524, §15 (NEW).]
5 M.R.S. § 17930 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17930
5 §17930. Reduction in amount of benefit
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "adjusted final compensation" means the rate of pay of the person immediately before termination and becoming the recipient of a disability retirement benefit adjusted by the same percentage adjustment as has been received under section 17806 . [PL 1989, c. 409, §§8, 12 (NEW).]

2. Compensation from employment not covered by this article. If any person who is the recipient of a disability retirement benefit receives compensation in any year from engaging in any gainful activity or from employment with an employer whose employees are not covered by this article or chapter 425, subchapter 5, article 3‑A that exceeds the greater of $20,000 in calendar year 2000 or in any subsequent year that amount as cumulatively increased by the same percentage adjustments granted under section 17806 , or the difference between the person's disability retirement benefit for that year and the person's average final compensation at the time that the person became a recipient of a disability retirement benefit, increased by the same percentage adjustments as have been granted by section 17806 : A. The excess must be deducted from the disability or service retirement benefits in accordance with section 17054, subsection 3 ; [PL 2025, c. 221, §27 (AMD).] B. The person shall reimburse the retirement system for any excess payments not deducted under paragraph A . If the retirement benefit payments are eliminated by this subsection, the disability is deemed to no longer exist, the payment of the disability retirement benefit must be discontinued and, except as provided in paragraph C , all of the person's rights to benefits under this article cease; [PL 2001, c. 443, §2 (AMD); PL 2001, c. 443, §7 (AFF).] C. If, during the first 5 years of reemployment, the person again becomes disabled, terminates employment and is not covered by any other disability program, the retirement system shall resume paying the disability retirement benefit payable prior to the reemployment with all applicable cost-of-living adjustments and shall provide rehabilitation services in accordance with section 17927 . If the benefit payable under the other disability program is not equal to or greater than the benefit under this article, the retirement system shall pay the difference between the amount of the benefit payable under the other disability program and the amount of the benefit payable under this article. The chief executive officer shall require examinations or tests to determine whether the person is disabled as described in section 17921 ; and [PL 2021, c. 548, §31 (AMD).] D. At any time before the elimination of disability retirement benefit payments by this subsection, the person may request that benefit payments be terminated, and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 2021, c. 548, §31 (AMD).] [PL 2025, c. 221, §27 (AMD).]

3. Compensation from employment covered by this article. If any person who is the recipient of a disability retirement benefit is reemployed by that person's prior employer or any other employer whose employees are covered by this article or chapter 425, subchapter V, article 3‑A , and if the total of the person's disability benefit for any year and the person's total earnable compensation for that year exceeds the adjusted final compensation: A. The disability or service retirement benefits must be reduced by the amount that the total compensation exceeds the adjusted final compensation in accordance with section 17054, subsection 3 ; [PL 2025, c. 221, §28 (AMD).] B. The deductions shall be prorated on a monthly basis in an equitable manner prescribed by the board over the year or part of the year during which the benefits are received; [PL 1989, c. 409, §§8, 12 (NEW).] C. The person shall reimburse the retirement system for any excess payments not deducted under paragraph A ; [PL 1989, c. 409, §§8, 12 (NEW).] D. The retirement benefit payments are eliminated by this subsection if: (1) The person again becomes a member of the State Employee and Teacher Retirement Program and begins contributing at the current rate; and (2) When the person again retires, the person shall receive benefits computed on the basis of that person's entire creditable service and in accordance with the law in effect at that time; [PL 2007, c. 491, §178 (AMD).] E. If, during the first 5 years of reemployment, the person again becomes disabled and terminates employment, the retirement system shall resume paying the disability retirement benefit payable prior to the reemployment with all applicable cost-of-living adjustments, or if greater, a disability retirement benefit based upon the person's current average final compensation and shall provide rehabilitation services in accordance with section 17927 . The chief executive officer shall require examinations or tests to determine whether the person is disabled as defined in section 17921 ; and [PL 2021, c. 277, §27 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] F. At any time before the elimination of disability retirement benefit payments by this subsection, the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).] [PL 2025, c. 221, §28 (AMD).]

4. Disability payments under other laws. The reduction of disability retirement benefits because of disability benefits received under other laws is governed as follows. A. The amount of any disability retirement benefit payable under this article must be reduced by any amount received by the person for the same disability under either or both of the following: (1) The workers' compensation or similar laws, except amounts that may be paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 ; or (2) The United States Social Security Act, if the employment for which creditable service with the employer is allowed was also covered under that Act at the date of disability retirement. [PL 1991, c. 885, Pt. E, §11 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] B. The reduction in the disability retirement benefit is governed as follows: (1) The initial disability retirement benefit shall be reduced if necessary so that the benefit plus any benefits under paragraph A do not exceed 80% of the person's average final compensation; (2) The amount determined by the calculation under subparagraph (1) shall not be adjusted when cost-of-living adjustments are applied to the benefits listed under paragraph A ; and (3) Adjustments under section 17806 shall be applied to the reduced disability retirement benefit calculated under subparagraph (1) or paragraph C . [PL 1989, c. 409, §§8, 12 (NEW).] C. The disability retirement benefit may not be reduced below the amount of the retirement benefit which is the actuarial equivalent of the member's accumulated contributions at the time of retirement. [PL 1989, c. 409, §§8, 12 (NEW).] D. Lump-sum settlements of benefits that reduce the disability retirement benefit under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. (1) These prorated lump-sum settlements may not include any part of the lump-sum settlement attributable to rehabilitation, attorneys', physicians', nurses', hospital, medical, surgical or related fees or charges or any amount paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . (2) These prorated lump-sum settlements must reduce the disability retirement benefit in the same manner and amount as monthly benefits under this subsection. [PL 1991, c. 885, Pt. E, §11 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] E. Any dispute about amounts paid or payable under workers' compensation or the amount of the lump-sum settlement and its attributions must be determined on petition by a single member of the Workers' Compensation Board in accordance with Title 39‑A . These determinations may be appealed under Title 39‑A, section 322 . [PL 1991, c. 885, Pt. E, §11 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [PL 1991, c. 885, Pt. E, §11 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
5 M.R.S. § 1660-I — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-I
5 §1660-I. Responsibilities of parties
Status: in_force

The responsibilities of the parties under this chapter are as follows. [PL 1995, c. 402, Pt. C, §2 (NEW).]

1. Community agency. A community agency shall: A. Design and operate an internal control system reasonably sufficient to ensure that the community agency meets acceptable standards in the areas of financial reporting reliability, operating efficiency and effectiveness and compliance with applicable laws and regulations. [PL 2005, c. 519, Pt. SS, §5 (RPR).] B. Prepare and submit financial reports as required by the department's social services agreements and, if applicable, annual entity financial statements and agreement supplemental schedules in accordance with department rules; and [PL 2005, c. 519, Pt. SS, §6 (AMD).] C. Meet the federal and department audit requirement. [PL 1995, c. 402, Pt. C, §2 (NEW).] [PL 2005, c. 519, Pt. SS, §§5, 6 (AMD).]

2. Department. The department shall: A. Adopt rules consistent with the provisions of Title 22, section 41‑B establishing accounting and auditing practices for community agencies, including, but not limited to, agreement reporting as part of the annual entitywide financial statement presentation; standards of accountability for community agencies; and audit requirements and standards for the department; [PL 2005, c. 588, §1 (AMD).] B. Provide community agencies the necessary training concerning the requirements of this chapter; [PL 1995, c. 402, Pt. C, §2 (NEW).] C. Review federal audits done by qualified independent public accountants in accordance with the applicable and prevailing federal Office of Management and Budget circulars. These reviews must be desk reviews of audit report submissions and quality control reviews of independent public accountant workpapers when necessary; [PL 1995, c. 402, Pt. C, §2 (NEW).] D. Review state audit reports performed for the department by qualified independent public accountants; [PL 1995, c. 402, Pt. C, §2 (NEW).] E. Review community agency financial reports required by the department's social services agreements and determine the need for department examination; and [PL 2005, c. 519, Pt. SS, §7 (AMD).] F. [PL 2005, c. 519, Pt. SS, §8 (RP).] G. Provide technical advice and act as a liaison between all interested parties. [PL 1995, c. 402, Pt. C, §2 (NEW).] [PL 2005, c. 519, Pt. SS, §§7, 8 (AMD); PL 2005, c. 588, §1 (AMD).]

3. Other. [PL 2005, c. 519, Pt. SS, §9 (RP).]
5 M.R.S. § 13080-M — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-M
5 §13080-M. Relationship to other laws
Status: in_force

The activities of the authority must be conducted in accordance with the terms and conditions of the Federal Surplus Property Act, 50 Appendix United States Code, Section 1622 et seq.; the federal Airport and Airway Improvement Act of 1982, 49 United States Code App. Section 2201 et seq.; and Federal Aviation Administration Order 5190.6A. If a conflict exists between this article and those federal laws and rules, the federal requirements control. [PL 1995, c. 462, Pt. A, §12 (AMD).]
5 M.R.S. § 18404 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18404
5 §18404. Methods of payment
Status: in_force

Except as provided in subsection 6 , payment of a service retirement benefit shall begin on the first day of the month following the month in which the qualifying member becomes eligible to receive payment of the member's service retirement benefit under section 18451 or 18507 . A full month's benefit shall be paid to the beneficiary or estate of the recipient for the month in which the member dies. A qualifying member may select payments in one of the following methods. [PL 1989, c. 95, §16 (AMD).]

1. Full benefits. All retirement benefits shall be payable for life in equal monthly installments with no further payment made after the month in which the retiree dies. If a participating local district adopts section 18454 , the benefits set forth in section 18454 will be considered full benefits for purposes of this section. [PL 1987, c. 256, §32 (AMD).]

2. Option 1. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have the excess, if any, of the qualifying member's accumulated contributions at the time of retirement over the portion of the total retirement benefit payments actually made to the qualifying member while alive, which is the actuarial equivalent amount to the accumulated contributions, paid in a lump sum to the beneficiary the qualifying member has nominated by written designation duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system or, if no one has been nominated as beneficiary, to the qualifying member's estate. Contributions deducted from the compensation of a teacher before July 1, 1947 or required of a teacher for service credit before July 1, 1947 may not be included in the accumulated contributions. [PL 2025, c. 221, §37 (AMD).]

3. Option 2. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have the benefit continued in the same amount for the life of the beneficiary the qualifying member has nominated by written designation duly acknowledged and filed with the chief executive officer at the time of retirement on a form provided or specified by the retirement system, if the beneficiary survives the qualifying member. [PL 2025, c. 221, §38 (AMD).]

4. Option 3. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have the benefit continued at 1/2 the amount for the life of the beneficiary the qualifying member has nominated by written designation duly acknowledged and filed with the chief executive officer at the time of retirement on a form provided or specified by the retirement system, if the beneficiary survives the qualifying member. [PL 2025, c. 221, §39 (AMD).]

5. Option 4. [PL 1999, c. 744, §12 (RP); PL 1999, c. 744, §17 (AFF).]

5-A. Option 4. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have some benefit other than that available under subsection 3 or 4 payable to the beneficiary that the qualifying member has designated, if the beneficiary survives the qualifying member. The total value of the benefit paid to the qualifying member during the qualifying member's life plus the benefit paid after the qualifying member's death is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The method used to determine the benefit must be approved by the board, and the beneficiary must be designated by written designation, duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system. [PL 2021, c. 548, §37 (AMD).]

5-B. Option 5. The qualifying member may elect to have a reduced retirement benefit payable in part to the qualifying member and in part to the beneficiary, who must be the sole beneficiary, while both are alive and, at the death of either, to have the higher benefit paid to the survivor for the survivor's life. The total value of the benefit paid to the qualifying member and beneficiary, during the qualifying member's life, plus the benefit to be paid after the death of either is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The method used to determine the benefit must be approved by the board, and the beneficiary must be designated by written designation, duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system. [PL 2021, c. 548, §38 (AMD).]

5-C. Option 6. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and, at the qualifying member's death, to have the benefit continued in the same amount for the life of the beneficiary, who must be the sole beneficiary, that the qualifying member has designated by written designation, duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system, if the beneficiary survives the qualifying member. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to be the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [PL 2021, c. 548, §39 (AMD).]

5-D. Option 7. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and, at the qualifying member's death, to have the benefit continued at 1/2 that amount for the life of the beneficiary, who must be the sole beneficiary, that the qualifying member has designated by written designation, duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system, if the beneficiary survives the qualifying member. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [PL 2021, c. 548, §40 (AMD).]

5-E. Option 8. The qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have some benefit other than that available under subsection 3 or 4 payable to the beneficiary, who must be the sole beneficiary, that the member has designated by written designation, duly acknowledged and filed with the chief executive officer on a form provided or specified by the retirement system, if the beneficiary survives the qualifying member. The total value of the benefit paid to the qualifying member plus the benefit paid after the qualifying member's death is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to be the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [PL 2025, c. 221, §40 (AMD).]

5-F. Change of beneficiary. If the recipient of a service retirement benefit has elected an optional method of payment under subsection 3 , 4 , 5, 5‑A , 5‑B , 5‑C , 5‑D or 5‑E and has designated someone other than a spouse or ex-spouse as sole beneficiary, the recipient is permitted a one-time change in the designated beneficiary except as provided in paragraph D , but may not change the already elected payment option or the amount of the benefits under that option, by filing a written designation of the new beneficiary, duly acknowledged with the chief executive officer on a form provided or specified by the retirement system. The change of beneficiary permitted by this subsection may only be made prior to the death of the prior designated beneficiary. A. The benefit payable to the recipient and the new beneficiary must be paid under the same payment option. The amount of the recipient's benefit may not change, and the amount of the new beneficiary's benefit must be the same as the amount of the prior beneficiary's benefit. [PL 1999, c. 744, §13 (NEW); PL 1999, c. 744, §17 (AFF).] B. The effective date of the designation of the new beneficiary is the date the designation is received by the chief executive officer. As of the first day of the month following the effective date of the designation of the new beneficiary, the prior beneficiary is no longer entitled to any benefit payment and, if concurrent payment under subsection 5‑B has been elected, the new beneficiary's benefit must become effective on the same date. [PL 2021, c. 548, §41 (AMD).] C. The new beneficiary's entitlement to benefits ceases on the earlier of: (1) The date of the new beneficiary's death; or (2) The date established when the amount of the prior beneficiary's benefit was established, which is the initial commencement date of benefits to the retiree increased by the life expectancy of the prior beneficiary computed in years and months using actuarial equivalence assumptions recommended by the system's actuary. Payment of benefits to the new beneficiary must cease as of the first day of the month following the earlier of subparagraphs (1) and (2). [PL 2021, c. 548, §41 (AMD).] D. A recipient who exercises a one-time option under this subsection may revert back to the original designated beneficiary, who will be treated as the new beneficiary for purposes of paragraphs A to C . [PL 2007, c. 523, §3 (NEW).] [PL 2021, c. 548, §41 (AMD).]

6. Monthly payment of $10 or less. If the monthly benefit payable to a qualifying member or the beneficiary of a qualifying member is $10 or less, there shall be paid, in lieu of those payments, a lump sum which is the actuarial equivalent, on the date the first monthly payment would otherwise be paid, of the benefit to which the qualifying member or beneficiary is entitled. A beneficiary who receives a lump sum payment under this subsection shall not forfeit any other benefit to which the beneficiary would be entitled if the beneficiary were receiving a monthly benefit payment. [PL 1989, c. 95, §17 (NEW).]

7. Notice to spouse. A qualifying member who is married on the effective date of retirement, who elects the method of payment under subsection 1 , or who elects a method of payment other than that provided under subsection 1 and who designates a beneficiary other than the qualifying member's spouse must notify the spouse that the spouse is not the beneficiary. Proof that the spouse has been notified must be provided: A. By written certification of the spouse, duly acknowledged and filed with the chief executive officer, on a form provided or specified by the retirement system, indicating that notice has been received from the qualifying member; or [PL 2021, c. 548, §42 (AMD).] B. When notice has been given but certification by the spouse has not been provided, by written certification of the qualifying member, duly acknowledged and filed with the chief executive officer, on a form provided or specified by the retirement system, indicating that notice has been given to the spouse. [PL 2021, c. 548, §43 (AMD).] Payment of the qualifying member's service benefit may not commence until certification has been received by the chief executive officer. [PL 2021, c. 548, §§42, 43 (AMD); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 17439 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17439
5 §17439. Information for administrative or judicial proceedings
Status: in_force

If information regarding the investment trust fund is required from the system or the trustees of the investment trust fund for an administrative or judicial proceeding, the party seeking the information must file a written request for that information with the Chief Executive Officer of the Maine Public Employees Retirement System. The chief executive officer or the chief executive officer's designee shall make a certified response to that request within 30 days and the certified response is admissible as evidence in any administrative or judicial proceeding. A subpoena or other form of discovery directed at obtaining the information may not be issued nor may employees of the system be required to testify on the subjects covered by the certified response unless there is an express finding by an administrative agency or a court that there is a compelling necessity to permit further discovery or to require testimony. The chief executive officer shall notify the trustees of the Irrevocable Trust Fund for Other Post-employment Benefits established in section 286‑B, subsection 2 immediately of any request for information, subpoena or other form of discovery. [PL 2007, c. 58, §3 (REV); PL 2007, c. 240, Pt. RRR, §2 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 17704-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17704-B
5 §17704-B. Back contributions for certain days off without pay
Status: in_force

1. Election. If the retirement system determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for days off without pay or for days worked for which the level of pay is reduced as the result of the freezing of merit pay and longevity pay in fiscal year 2002-03, 2009-10, 2010-11, 2011-12 or 2012-13, or a combination thereof, or the loss of compensation from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to the novel coronavirus disease referred to as COVID-19, as provided in section 17001, subsection 4, paragraph A , the retirement system shall advise the member of that result and shall allow the member to elect to have that compensation included in the calculation of the member's benefit and to make payments set forth in subsection 2 . [PL 2021, c. 225, §2 (AMD).]

2. Payment. The amount that a member who makes the election permitted in subsection 1 must pay is the amount equal to the employee contribution that member would have made on compensation that would have been paid to that member on the days off without pay or for days worked for which the level of pay is reduced as the result of the freezing of merit pay and longevity pay during fiscal year 2002-03, 2009-10, 2010-11, 2011-12 or 2012-13, or a combination thereof, as provided in section 17001, subsection 4, paragraph A , plus interest at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. Interest must be computed beginning at the end of the year when those contributions or pick-up contributions would have been made to the date of payment. For the loss of compensation from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to the novel coronavirus disease referred to as COVID-19, the member must pay an amount equal to the computed actuarial value. If the member elects to make the payment, the retirement system shall withhold the required amount from the member's first retirement benefit check. [PL 2021, c. 225, §2 (AMD).]

3. Benefit calculation. If the member fails to make the election within 31 days of the notification provided under subsection 1 , the retirement system shall calculate the member's retirement benefit without inclusion of the days off without pay and without inclusion of the compensation that otherwise would have been paid if the freezing of merit pay and longevity pay had not occurred during fiscal year 2002-03, 2009-10, 2010-11, 2011-12 or 2012-13, or a combination thereof, or the loss of compensation from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to the novel coronavirus disease referred to as COVID-19, as provided in section 17001, subsection 4, paragraph A . [PL 2021, c. 225, §2 (AMD).]