5 M.R.S. § 1643 — ME Code / Title 5 / Part 4 / Chapter 148-A / Section 1643
5 §1643. State's social services report
Status: in_force

The departments and the division shall prepare a written report of the State's social service programs. This report shall be presented to the Governor and the Legislature, widely distributed to community social service agencies and made available to the public no later than December 1st of each year. [PL 1985, c. 96 (RPR).]

The report in each even-numbered year shall provide an update of information for the current biennium, indicating adjustments, additions and anticipated changes in programs and service delivery to the extent that information is available. [PL 1985, c. 96 (RPR).]

1. General. The report shall be a single, concise document presenting a descriptive and fiscal summary of social service programs in an easily understood manner. [PL 1985, c. 96 (RPR).]

2. Format. The report shall utilize a uniform format focusing on target populations grouped by major program areas. Characteristic data of the target populations shall be included to the extent that information is available. The report shall contain an integrated description of the operations of the departments and the division in each program area, describing the social services as a coordinated and cooperative plan when a service is provided by more than one department or division. When appropriate, the fiscal information shall be displayed by account by department, and when applicable by subdivision of that department, and by the division and shall also be displayed as a total expenditure. [PL 1985, c. 96 (RPR).]

3. Contents. The report shall contain: A. Program descriptions, including the social service need being met, the goals and objectives of the program, the services provided and the priorities for those services; [PL 1985, c. 96 (RPR).] B. State-administered funds expended during the immediately preceding biennium; [PL 1985, c. 96 (RPR).] C. State-administered funds available for the current biennium, including anticipated federal funding to the extent that information is available or can be anticipated; [PL 1985, c. 96 (NEW).] D. Policy issues including major changes in program emphasis and trends and continuum of care offered; and [PL 1985, c. 96 (NEW).] E. Fiscal information and service statistics for each fiscal year of the current biennium, compared with the corresponding information of each fiscal year of the immediately preceding biennium. [PL 1985, c. 96 (NEW).] [PL 1985, c. 96 (RPR).]

4. Other state agencies. The report shall include social service programs administered by state agencies other than the departments and the division to the extent that those social services are related to the programs described in the report. Those agencies shall participate in preparing the report to the extent necessary to ensure the program descriptions accurately portray how those services fit into the overall social service system and to provide the necessary fiscal information. [PL 1985, c. 96 (NEW).]
5 M.R.S. § 1825-D — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-D
5 §1825-D. Public notice and review of bids
Status: in_force

The Chief Procurement Officer shall make the public aware of contracts and grants for which bids are being requested and the procedure to be used in reviewing bids. Rules adopted under this subchapter must include a clear procedure: [PL 2023, c. 516, Pt. B, §24 (AMD).]

1. Notice. For informing the public about contracts and grants for which proposals are being requested; [PL 2015, c. 179, §5 (AMD).]

1-A. Request for information. For requesting information from bidders that includes, but is not limited to, the degree to which the bidder meets or exceeds various state and federal regulatory requirements and any other state fiscal impact; [PL 1997, c. 263, §3 (NEW).]

2. Review process. To be used when reviewing competitive bids, including the requirement that written records be kept by each person directly reviewing or ranking bids; [PL 1989, c. 785, §2 (NEW).]

3. Contract or grant award. For determining successful bidders and awarding contracts and grants, including written notification to all bidders upon an award decision made pursuant to a request for proposals and criteria to be used to resolve tie bids; and [PL 2015, c. 179, §5 (AMD).]

4. Criteria for appeals. For the review of any contract or grant award decision appealed under this subchapter. [PL 2015, c. 179, §5 (AMD).]

A department or agency of State Government may not significantly vary the content, nature or requirements of a proposal or invitation to bid issued under this subchapter without immediately notifying all bidders of those changes in writing and allowing sufficient time for bidders to reflect those changes in their bid packages. [PL 1989, c. 785, §2 (NEW).]

A department or agency of State Government may not change or substitute the procedures adopted under this subchapter without the Chief Procurement Officer's first adopting those changes or substitutions as rules under this subchapter in accordance with the Maine Administrative Procedure Act. [PL 2023, c. 516, Pt. B, §25 (AMD).]
5 M.R.S. § 9057 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9057
5 §9057. Evidence
Status: in_force

1. Rules of privilege. Unless otherwise provided by statute, agencies need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. [PL 1977, c. 551, §3 (NEW).]

2. Evidence. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Agencies may exclude irrelevant or unduly repetitious evidence. [PL 1977, c. 551, §3 (NEW).]

3. Witnesses. All witnesses shall be sworn. [PL 1977, c. 551, §3 (NEW).]

4. Prefiling testimony. Subject to these requirements, an agency may, for the purposes of expediting adjudicatory proceedings, require procedures for the prefiling of all or part of the testimony of any witness in written form. Every such witness shall be subject to oral cross-examination. [PL 1977, c. 551, §3 (NEW).]

5. Written evidence; exception. No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown. [PL 1977, c. 551, §23 (NEW).]

6. Confidential information. Information may be disclosed that is confidential pursuant to Title 22, chapters 958‑A and 1071 and sections 7703 and 1828 ; Title 24, section 2506 ; and Title 34‑A , except for information, the disclosure of which is absolutely prohibited under Title 34‑A, section 1216 . Disclosure may be only for the determination of issues involving unemployment compensation proceedings relating to a state employee, state agency personnel actions and professional or occupational board licensure, certification or registration. A. For the purpose of this subsection, "hearing officer" means presiding officer, judge, board chair, arbitrator or any other person considered responsible for conducting a proceeding or hearing subject to this subsection. In the case of the Civil Service Appeals Board, the presiding officer is the entire board. "Employees of the agency" means employees of a state agency or department or members, agents or employees of a board who are directly related to and whose official duties involve the matter at issue. [PL 2003, c. 205, §1 (AMD).] B. The confidential information disclosed pursuant to this subsection is subject to the following limitations: (1) The hearing officer determines that introduction of the confidential information is necessary for the determination of an issue before the hearing officer; (2) During the introduction of confidential information, the proceeding is open only to the hearing officer, employees of the agency, parties, parties' representatives, counsel of record and the witness testifying regarding the information, and access to the information is limited to these people. Disclosure is limited to information directly related to the matter at issue; (3) Witnesses are sequestered during the introduction of confidential information, except when offering testimony at the proceeding; (4) The names or identities of reporters of confidential information or of other persons may not be disclosed, except when disclosure is determined necessary and relevant by the hearing officer; and (5) After hearing, the confidential information is sealed within the record and may not be further disclosed, except upon order of court. [PL 1997, c. 271, §1 (AMD).] [PL 2003, c. 205, §1 (AMD).]
5 M.R.S. § 3003-A — ME Code / Title 5 / Part 7 / Chapter 309 / Section 3003-A
5 §3003-A. Educator interchange program; period of assignment
Status: in_force

The period of an individual assignment of an educator under an interchange program, authorized under section 3003 , between the educator's school administrative unit as the sending agency and the Department of Education as the receiving agency may not exceed 36 months. For the purposes of this section, "educator" means a teacher, principal or other education professional employed by a school administrative unit. [PL 2023, c. 643, Pt. U, §1 (AMD).]
5 M.R.S. § 1548 — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1548
5 §1548. Claims and accounts against State or municipalities must be verified
Status: in_force

A person presenting an account or claim against any town, village, corporation, city or county or the State for services rendered, articles furnished or expenses incurred shall cause that account or claim to be verified by oath, if required by any person whose duty it is to audit the account or claim. If the claimant refuses to verify the account or claim, the account or claim must be rejected. [RR 2023, c. 2, Pt. B, §52 (COR).]
5 M.R.S. § 15302 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15302
5 §15302. Maine Technology Institute
Status: in_force

1. Establishment. The Maine Technology Institute, as established in section 12004‑G, subsection 33‑D , is a nonprofit corporation with public and charitable purposes. The duties, activities and operations of the institute are within the provisions of the federal Internal Revenue Code, Section 501(c)(3). [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

2. Purpose. The institute, through a public and private partnership, shall encourage, promote, stimulate and support research and development activity leading to the commercialization of new products and services in the State's technology-intensive industrial sectors to enhance the competitive position of those sectors and increase the likelihood that one or more of the sectors will support clusters of industrial activity and to create new jobs for Maine people. The institute is one element of the State's economic development strategy and will contribute to the long-term development of a statewide research, development and product deployment infrastructure. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

3. Board of Directors of the Maine Technology Institute. The institute is governed and all of its powers are exercised by a board of directors, referred to in this chapter as the "board," consisting of 13 voting members and 3 nonvoting members. A. The Governor shall appoint 10 voting directors, 8 of whom must be representatives of targeted technologies. The other 2 directors must have demonstrated significant experience in finance, lending or venture capital. In making the appointments from targeted technologies, the Governor shall consider recommendations submitted by representatives of targeted technology sectors. Directors of the board appointed by the Governor are entitled to receive reimbursement at the legislative rate for necessary expenses for their attendance at authorized meetings of the board. [PL 2005, c. 425, §19 (AMD).] B. The Commissioner of Economic and Community Development or the commissioner's designee, the President of the Maine Community College System or the president's designee and the Chancellor of the University of Maine System or the chancellor's designee are ex officio voting directors. [PL 1999, c. 541, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] C. The Director of the Office of Policy Innovation and the Future or the director's designee is an ex officio nonvoting director. [PL 2025, c. 476, Pt. A, §5 (AMD).] D. The Maine Technology Institute Director is a nonvoting director. [PL 1999, c. 401, Pt. AAA, §3 (NEW).] E. The Commissioner of Energy Resources or the commissioner's designee is an ex officio nonvoting director. [PL 2025, c. 476, Pt. A, §5 (NEW).] [PL 2025, c. 476, Pt. A, §5 (AMD).]

4. Terms. Directors of the board appointed by the Governor are appointed for 3-year terms. The terms of the initial appointments are staggered as follows: Three are one-year terms, 3 are 2-year terms and 3 are 3-year terms. Those directors may serve no more than 2 consecutive terms. Directors who serve on the board by virtue of their offices serve terms coincident with their terms in office. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

5. Chair; vice-chair; secretary; treasurer. The board shall elect a chair, a vice-chair, a secretary and a treasurer from among its members. Each officer serves for a one-year term and is eligible for reelection. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

6. President. The Maine Technology Institute Director at the Department of Economic and Community Development serves as president of the institute upon confirmation by the board. Once every 2 years, the Governor shall submit the Maine Technology Institute Director's name to the board for reappointment. Reappointment is subject to confirmation by the board. The president shall: A. Serve as the liaison between the board and the targeted technology boards; [PL 1999, c. 401, Pt. AAA, §3 (NEW).] B. Manage the institute's programs, services and staff; and [PL 1999, c. 401, Pt. AAA, §3 (NEW).] C. Perform other duties the board considers appropriate. [PL 1999, c. 401, Pt. AAA, §3 (NEW).] [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

7. Quorum. A majority of the voting directors constitutes a quorum. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

8. Executive committee. The board may elect an executive committee of not fewer than 6 members who, in intervals between meetings of the board, may transact such business of the institute as the board may authorize from time to time. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

9. Annual report. By December 15th of each year, the institute shall provide an annual report, with audited financial reports, on its activities to the joint standing committee or joint select committee of the Legislature having jurisdiction over research and development matters. [PL 2001, c. 562, §1 (AMD).]

10. Independent evaluation. [PL 2009, c. 337, §8 (RP).]
5 M.R.S. § 17854 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17854
5 §17854. Minimum benefit
Status: in_force

Any member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 per month. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 282 — ME Code / Title 5 / Part 1 / Chapter 13 / Section 282
5 §282. Powers and duties of commissioner
Status: in_force

The commissioner may appoint and employ deputy commissioners, bureau chiefs and the director of legislative affairs to be under the commissioner's immediate supervision, direction and control, and to serve at the commissioner's pleasure and perform such duties as the commissioner may prescribe, except as otherwise provided by law. In the absence of the commissioner, the commissioner, or the Governor if the commissioner is unable, may appoint one of the deputy commissioners to act on behalf of the commissioner. In addition, the commissioner may appoint an associate commissioner for administrative services who is not subject to the Civil Service Law and who serves at the pleasure of the commissioner. [PL 2017, c. 284, Pt. QQQQQ, §2 (AMD).]

The commissioner may employ such other deputies, division heads, assistants and employees as may be necessary, subject to the Civil Service Law. In addition, the commissioner may employ a Director of Compliance to carry out departmental responsibilities related to: Labor relations and labor contract compliance; human rights and affirmative action compliance; and audit guidelines and other 3rd-party compliance requirements. The Director of Compliance serves at the pleasure of the commissioner. In addition, the commissioner may employ an Associate Commissioner for Tax Policy to supervise and direct the tax policy analysis, guidance and communications activities of the Office of Tax Policy within the Bureau of Revenue Services. The Associate Commissioner for Tax Policy serves at the pleasure of the commissioner. In addition, the commissioner may employ a State Economist to provide economic and demographic data and analysis. The State Economist has the authority to hire staff. [PL 2021, c. 717, §2 (AMD).]

In the event of a vacancy in the office of the commissioner because of death, resignation, removal from office or other cause, the various bureau chiefs, deputies and assistants shall continue in office and perform such duties as have been prescribed or assigned to them, until said vacancy has been filled by the appointment and qualification of a new commissioner.

The commissioner shall have the duty and authority:

1. Aide to Governor. To serve as the principal fiscal aide to the Governor; [PL 1987, c. 402, Pt. A, §12 (AMD).]

2. Financial planning. To coordinate financial planning and programming activities of departments and agencies of the State Government for review and action by the Governor; [PL 1977, c. 78, §10 (AMD).]

3. Financial data and statistics. To prepare and report to the Governor or to the Legislature such financial data or statistics as may be required or requested by them;

4. Direct bureaus. To supervise and direct the activities of the bureaus that may by statute be designated as being under the Department of Administrative and Financial Services; [PL 2007, c. 466, Pt. A, §5 (AMD).]

4-A. Engage in planning. To engage in short-term and long-term planning with respect to: A. The structure and operation of the department; [PL 1985, c. 785, Pt. A, §23 (NEW).] B. The fiscal needs of State Government; and [PL 1985, c. 785, Pt. A, §23 (NEW).] C. The means by which the collection of revenues and payment of State Government obligations may be most efficiently realized; [PL 1985, c. 785, Pt. A, §23 (NEW).] [RR 2009, c. 2, §2 (COR).]

4-B. Assist other departments. To meet with other departments and agencies of State Government at least 2 times a year to discuss fiscal problems and needs of each agency and department; [PL 1985, c. 785, Pt. A, §23 (NEW).]

5. Other powers and duties. To exercise such other powers and perform such other duties as may be designated by law; [PL 1987, c. 448, §1 (AMD).]

6. Supervise. To supervise and direct the administration of the State Claims Commission; [PL 2001, c. 333, §1 (AMD).]

7. Value of fringe benefits. To ensure that all publications that state the salary of an employee or of a position in State Government also include a statement of the dollar value of the fringe benefit package provided. For purposes of this subsection, "fringe benefits" includes an employer's cost of an employee's health insurance, dental insurance and retirement but does not include the amount paid to cover any unfunded liability; [PL 2009, c. 372, Pt. F, §1 (AMD).]

8. Serve as director of Clean Government Initiative. To serve as a director, along with the Commissioner of Environmental Protection, of the Clean Government Initiative established in Title 38, section 343‑H ; [PL 2017, c. 284, Pt. GG, §1 (AMD).]

9. Energy infrastructure benefits fund. To establish an energy infrastructure benefits fund. Except as otherwise provided by law, including the Constitution of Maine, the fund consists of any revenues derived from the use of state-owned land and assets for energy infrastructure development. Each fiscal year, the Treasurer of State shall transfer revenues collected in the fund to the Efficiency Maine Trust for deposit by the Efficiency Maine Trust Board in program funds pursuant to Title 35‑A, section 10103, subsection 4 and use by the trust in accordance with Title 35‑A, section 10103, subsection 4‑A . For the purposes of this subsection, "energy infrastructure" and "state-owned" have the same meanings as in Title 35‑A, former section 122, subsection 1; A. [PL 2009, c. 655, Pt. B, §1 (RP).] B. [PL 2009, c. 655, Pt. B, §1 (RP).] C. [PL 2009, c. 655, Pt. B, §1 (RP).] D. [PL 2009, c. 655, Pt. B, §1 (RP).] [PL 2023, c. 646, Pt. A, §3 (AMD).]

10. Economic projections. To prepare long-range economic projections to ensure that projected available state financial resources are commensurate with projected state expenditures needed to meet long-term state economic goals and policies; and [PL 2017, c. 284, Pt. GG, §3 (NEW).]

11. Economic and demographic analyses. To conduct studies and continuing economic and demographic analyses of the state economy, including economic and demographic forecasting, and collect, collate and analyze all pertinent data and statistics relating to those studies and analyses to assist the Governor, the Legislature and the various state departments in formulating goals, programs and policies. The commissioner shall make these data and statistics available to the Legislature upon request. All state agencies shall cooperate with the commissioner regarding implementation of the provisions of this subsection. In implementing this subsection, the commissioner may use secondary data made available to the commissioner by other state agencies or other organizations. [PL 2021, c. 717, §3 (AMD).]
5 M.R.S. § 8051 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8051
5 §8051. Adoption of rules of practice
Status: in_force

In addition to other rule-making requirements imposed by law, each agency shall adopt rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings and the rendering of advisory rulings, except to the extent that such rules are provided by law. The first time after October 1, 1995 that an agency proposes to adopt or modify the rules of practice governing the conduct of adjudicatory proceedings or licensing proceedings, the agency shall also propose any rules reasonably necessary to promote, when appropriate, the efficient and cost-effective use of alternative dispute resolution techniques, including the use of neutral facilitators, mediators or arbitrators. If the agency determines that it is unnecessary or inappropriate to propose these rules, it shall so state in the notice of rulemaking required under section 8053 . A written explanation of the reasons for the agency's determination must be included in the basis statement of rule. Any agency rule of practice that imposes a time period or deadline for the filing of any submission or for the service of any paper must provide that filing or service is complete: [PL 1995, c. 249, §1 (AMD).]

1. Upon an agency. Upon an agency, when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or [PL 1989, c. 297, §1 (NEW).]

2. Upon a party. Upon a party, when the paper is mailed to the party or the party's attorney, by in-hand delivery to the recipient or by delivery to the recipient's office. [PL 1995, c. 249, §1 (AMD).]
5 M.R.S. § 1531 — ME Code / Title 5 / Part 4 / Chapter 142 / Section 1531
5 §1531. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

1. Average population growth. [PL 2015, c. 267, Pt. L, §2 (RP).]

2. Average personal income growth. "Average personal income growth" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis. The average personal income growth is determined by October 1st, annually, by the State Economist. [PL 2021, c. 293, Pt. A, §2 (RPR).]

3. Baseline General Fund revenue. "Baseline General Fund revenue" means the recommended General Fund revenue forecast reported by the Revenue Forecasting Committee in accordance with section 1710‑F . [PL 2023, c. 412, Pt. I, §1 (AMD).]

4. Biennial base year appropriation. "Biennial base year appropriation" means: A. For the 2024-2025 biennium, 98% of the baseline General Fund revenue for fiscal year 2023-24 as of December 1, 2023; and [PL 2023, c. 643, Pt. F, §1 (AMD).] B. For fiscal years subsequent to fiscal year 2024-25, the amount of the General Fund appropriation limitation calculated for the current year pursuant to section 1534, subsection 1 . [PL 2023, c. 412, Pt. I, §2 (RPR).] [PL 2023, c. 643, Pt. F, §1 (AMD).]

5. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

6. Forecasted inflation. [PL 2015, c. 267, Pt. L, §5 (RP).]

7. General Fund revenue shortfall. "General Fund revenue shortfall" means the amount by which the General Fund appropriation limitation established by section 1534 exceeds baseline General Fund revenue and other available resources in each state fiscal year. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

8. Stabilization fund. "Stabilization fund" means the Maine Budget Stabilization Fund established in this chapter. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

9. State and local tax burden. [PL 2023, c. 412, Pt. I, §3 (RP).]
5 M.R.S. § 4581 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4581
5 §4581. Right to freedom from discrimination in housing; exceptions
Status: reserved

The opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the individual has sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation, is hereby recognized as and declared to be a civil right. [PL 2025, c. 269, §2 (AMD).]

1. Number of occupants. Nothing in this subchapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons. [PL 2007, c. 243, §1 (AMD).]

2. Definition. As used in this section, "housing for older persons" means housing: A. Provided under any state or federal program that the United States Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; [PL 2011, c. 613, §10 (AMD); PL 2011, c. 613, §29 (AFF).] B. Intended for, and solely occupied by, persons 62 years of age or older; or [PL 1989, c. 245, §3 (NEW).] C. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this paragraph, the housing must meet at least the following factors: (2) That at least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit; and (3) The publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. [PL 1997, c. 85, §1 (AMD).] [PL 2011, c. 613, §10 (AMD); PL 2011, c. 613, §29 (AFF).]

3. Requirements. Housing does not fail to meet the requirements for "housing for older persons" by reason of: A. Persons residing in the housing as of the date of enactment of this subsection who do not meet the requirements of subsection 2, paragraph B or C if new occupants of the housing meet the age requirements of subsection 2, paragraphs B and C ; or [PL 2011, c. 613, §10 (AMD); PL 2011, c. 613, §29 (AFF).] B. Unoccupied units if the units are reserved for occupancy by persons who meet the age requirements of subsection 2, paragraphs B and C . [PL 2011, c. 613, §10 (AMD); PL 2011, c. 613, §29 (AFF).] [PL 2011, c. 613, §10 (AMD); PL 2011, c. 613, §29 (AFF).]

4. Housing accommodation exceptions. The following exceptions apply in this chapter: A. This chapter does not prohibit the rental of any dwelling owned, controlled or operated for other than a commercial purpose by a religious corporation to its membership unless such membership is restricted on account of race, color or national origin; and [PL 2011, c. 613, §10 (NEW); PL 2011, c. 613, §29 (AFF).] B. Except as provided in section 4581‑A, subsection 1, paragraph C and section 4581‑A, subsections 2 and 3 , this chapter does not apply to: (1) The rental of a one-family unit of a 2-family dwelling, one unit of which is occupied by the owner; or (2) The rental of not more than 4 rooms of a one-family dwelling that is occupied by the owner. [PL 2011, c. 613, §10 (NEW); PL 2011, c. 613, §29 (AFF).] [PL 2011, c. 613, §10 (NEW); PL 2011, c. 613, §29 (AFF).]
5 M.R.S. § 111 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 111
5 §111. Resignation of clerk or registered agent
Status: in_force

1. Statement of resignation. A clerk or registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent that states: A. The name of the entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. The name of the agent; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. That the agent resigns from serving as agent for service of process for the entity; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. The name and address of the person to which the agent will send the notice required by subsection 3 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Effective date. A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Notice. The clerk or registered agent shall promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Effect of resignation. When a statement of resignation takes effect, the clerk or registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Standing of entity. A clerk or registered agent may resign with respect to a represented entity whether or not the entity is in good standing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 13083-M — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-M
5 §13083-M. Other municipal powers
Status: in_force

1. Traffic ordinances. The authority has the power to enact traffic ordinances and regulate the operation of motor vehicles under Title 30‑A, section 3009 to the extent that power is not inconsistent with other validly enacted municipal ordinances. [PL 2005, c. 599, §1 (NEW).]

2. Operating expenses. The authority has all the powers of a municipality to raise and appropriate money under Title 30‑A, sections 5722 and 5723 . [PL 2005, c. 599, §1 (NEW).]

3. Zoning. The authority may not adopt zoning or land-use ordinances but may coordinate zoning and land-use regulation with interested primary impact communities. [PL 2005, c. 599, §1 (NEW).]

4. Highway maintenance. The authority may maintain, repair, plow and control public ways as a municipality under Title 23, Part 3 . The authority shall consult and coordinate with the appropriate primary impact community in appointing a road commissioner. [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 204-A — ME Code / Title 5 / Part 1 / Chapter 9 / Section 204-A
5 §204-A. Annual report
Status: in_force

The Attorney General, working with the district attorneys of the State, shall submit a report that compiles data from domestic violence prosecutors statewide to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over criminal justice matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters on an annual basis. The first report must be submitted no later than October 1, 2001. [PL 1999, c. 746, §1 (NEW).]
5 M.R.S. § 472 — ME Code / Title 5 / Part 1 / Chapter 20 / Section 472
5 §472. Purposes
Status: in_force

The purposes of this program are: [PL 2005, c. 656, §1 (NEW).]

1. Selection. To attract and select college students with ambition and talent for temporary internships within county and local governments; [PL 2005, c. 656, §1 (NEW).]

2. Placement. To place each program intern in a position of some responsibility where the intern can contribute ideas, enthusiasm and ingenuity while completing a project under the direction of a responsible county or local administrator; [PL 2005, c. 656, §1 (NEW).]

3. Liaison. To encourage liaisons between county and local governments and the various institutions of higher learning located within the State; and [PL 2005, c. 656, §1 (NEW).]

4. Recommendations. To formulate recommendations for improving the program and for attracting college graduates with outstanding potential into permanent positions of employment within county and local governments. [PL 2005, c. 656, §1 (NEW).]
5 M.R.S. § 7068 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7068
5 §7068. Obligation to inform employee
Status: in_force

1. Orientation session. The officer shall provide that during the first 6 months of state employment each employee must attend an employee orientation workshop that is work time for the employee. Such training must describe the nature and costs of benefits available to state employees generally, the nature and costs of benefits available to the employee and the circumstances under which the employee's benefit eligibility or cost may be changed. These benefits include, but are not limited to, vacation, holiday and sick leave, insurance programs and retirement programs. A. In carrying out these programs, the officer shall invite and include, to the extent they wish to participate, representatives of the Bureau of Human Resources, the Maine Public Employees Retirement System and employee representatives who are bargaining agents for any or all of the state employees attending the conference. Such employee representatives participate as the officer provides in the program, but must at least be given the chance to address employees in represented bargaining units on the rights and obligations of employees under the contract for their bargaining unit and as to insurance programs and other benefits that are available from the employee representative. [PL 2023, c. 646, Pt. A, §7 (AMD).] [PL 2023, c. 646, Pt. A, §7 (AMD).]

2. Information provided to employees. The appointing authority is responsible for attendance of new employees at the orientation session and shall provide every new employee with written information as to the employee's rate of pay and circumstances under which the rate may be changed, including merit increases. A. The appointing authority is also responsible for distributing to new employees such written information as considered appropriate by the officer to carry out the spirit of this law and such information as provided in applicable labor agreements. [RR 2023, c. 1, Pt. B, §40 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] [RR 2023, c. 1, Pt. B, §40 (COR); PL 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 19134 — ME Code / Title 5 / Part 22 / Chapter 439 / Section 19134
5 §19134. Funds
Status: in_force

The cabinet is authorized to request, receive and pool funds from the Federal Government, any department, office or political subdivision of the State or any individual, foundation or corporation and may expend those funds for purposes that are consistent with this chapter. [PL 2019, c. 450, §9 (AMD).]
5 M.R.S. § 13031 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13031
5 §13031. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

1. Administrative unit. "Administrative unit" means the organization certified by the federal Small Business Administration to administer the Small Business Development Center Program in this State. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

2. Commission. "Commission" means the Maine Small Business and Entrepreneurship Commission. [PL 2003, c. 681, §3 (AMD).]

3. Commissioner. "Commissioner" means the Commissioner of Economic and Community Development or the commissioner's designee. [PL 1995, c. 688, §6 (AMD).]

4. Department. "Department" means the Department of Economic and Community Development. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

5. Small Business Development Center Program. "Small Business Development Center Program" means the program established by Public Law 96-302, Title II, 15 United States Code, Sections 636 and 648, the Small Business Development Center Act of 1980. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]
5 M.R.S. § 7 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 7
5 §7. State-owned motor vehicles
Status: in_force

The State may provide motor vehicles for the travel of state employees in a number to be determined by the Legislature. Each state department or commission head shall promulgate written policy concerning the use of state-owned motor vehicles assigned to that department or commission. The policy must include, but not be limited to, a definition of the use of state-owned motor vehicles that constitutes use in the conduct of state business and that distinguishes such use from private use. [RR 2023, c. 2, Pt. B, §1 (COR).]

The Legislature finds that the energy crisis requires State Government to act as a leader in the conservation of energy. In order to achieve that end, it is necessary for the State to consume less energy, particularly in the area of transportation. The Legislature, therefore, declares it to be in the public interest that the fleet of new motor vehicles purchased for the travel of state employees meet the federal fleet mileage standards. [PL 1977, c. 376, §1 (NEW).]

Any state employee or official who misuses a state-owned motor vehicle shall be liable for the actual costs of such use and in addition may be subjected to appropriate disciplinary action, including suspension from employment. [PL 1969, c. 544, §1 (RPR).]

All state-owned vehicles, except as otherwise provided, shall display special registration plates, approved by the Secretary of State, plainly designating them as state-owned motor vehicles. They may in addition display a marker or insignia, approved by the Secretary of State, plainly designating them as state-owned. Motor vehicles used by departments, commissions or agencies charged by law with law enforcement or investigatory functions, if used for those purposes by personnel who have full-time law enforcement or investigatory duties, shall not be required to display a special registration plate. [PL 1969, c. 544, §1 (RPR).]

The Legislative Council shall biennially study and review state motor vehicle needs and uses and shall report its findings to the Legislature. Department and agency heads shall justify the purchase of motor vehicles as part of request for appropriations before the Joint Standing Committee on Appropriations and Financial Affairs. [PL 1973, c. 788, §10 (AMD).]
5 M.R.S. § 20065 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20065
5 §20065. Membership
Status: in_force

1. Members. The Substance Use Disorder Services Commission, as established by section 12004‑G, subsection 13‑C , consists of 19 members. [PL 2025, c. 140, §1 (AMD).]

2. Qualifications. To be qualified to serve, members must have education, training, experience, knowledge, expertise and interest in substance use disorder in the areas of intervention, harm reduction, prevention, treatment and recovery. Members must reflect experiential diversity from across the State and must have demonstrated active participation in issues related to substance use disorder. [PL 2025, c. 140, §2 (AMD).]

3. Members; representation. The commission consists of the following members: A. Two members of the Senate, appointed by the President of the Senate, and 2 members of the House of Representatives, appointed by the Speaker of the House of Representatives. Of the 2 members of the House of Representatives, one must be a member of the joint standing committee of the Legislature having jurisdiction over health and human services matters and one must be a member of the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters; [PL 2019, c. 432, §1 (AMD).] B. One physician or health care provider experienced in the treatment of substance use disorder, appointed by the Governor; [PL 2019, c. 432, §1 (AMD).] C. One representative from the field of education who has experience with school-based substance use disorder intervention, prevention and education programs, appointed by the Governor; [PL 2025, c. 140, §3 (AMD).] D. [PL 2025, c. 140, §4 (RP).] E. One representative from nominations by a statewide community-based recovery coalition, appointed by the Governor; [PL 2019, c. 432, §1 (AMD).] F. One representative from the criminal justice system who represents or is involved with the substance use disorder criminal justice system, appointed by the Governor; [PL 2019, c. 432, §1 (AMD).] G. One educator involved in postsecondary substance use disorder intervention, prevention, treatment and recovery education, appointed by the Governor; [PL 2019, c. 432, §1 (AMD).] H. One substance use disorder intervention practitioner, one substance use disorder harm reduction practitioner, one substance use disorder prevention practitioner, one substance use disorder treatment practitioner and one substance use disorder recovery practitioner, appointed by the Governor; [PL 2025, c. 140, §5 (AMD).] I. One private sector employer familiar with employee assistance programs, appointed by the Governor; and [PL 2019, c. 432, §1 (AMD).] J. Four members of the public with experience in substance use disorder, appointed by the Governor. In appointing these 4 members, the Governor shall select members who are actively involved in the areas of: (6) Co-occurring disorder services; (7) Employment; (8) Substance use disorder recovery; and (9) Representation of federally recognized Indian nations, tribes or bands. [PL 2025, c. 140, §6 (AMD).] [PL 2025, c. 140, §§3-6 (AMD).]

4. Term; vacancies. Terms of appointment begin and expire on June 1st. A vacancy in the commission does not affect the commission's powers, but must be filled in accordance with this subsection. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed may be appointed only for the remainder of that term. A. The terms of the 4 public members appointed under subsection 3, paragraph J are for terms of 3 years, except that a member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. Members hold office until the appointment and confirmation of their successors. A public member may not be appointed for more than 2 consecutive, 3-year terms. [PL 2025, c. 140, §7 (AMD).] B. Members who are members of the Legislature and appointed by the President of the Senate or the Speaker of the House of Representatives serve at the pleasure of the appointing authority. [PL 2019, c. 432, §1 (AMD).] C. [PL 1993, c. 700, §2 (RP).] [PL 2025, c. 140, §7 (AMD).]

5. Reappointment; termination. Members may be appointed for 2 consecutive terms only and may serve after the expiration of their terms until their successors have been appointed and qualified and have taken office. The appointing authority may terminate the appointment of a member for good and just cause and the appointing authority shall communicate the reason for the termination to the member terminated. The appointment of a member of the commission is terminated if a member is absent from 3 consecutive meetings without a good and just cause that is communicated to the chair of the commission. [PL 1993, c. 410, Pt. LL, §12 (NEW).]

6. Officers; bylaws. The Governor shall designate one member to chair the commission. The commission may elect other officers from its members as it considers appropriate. The commission shall adopt bylaws for the operations of the commission. [PL 2025, c. 140, §8 (AMD).]

7. Subcommittees. The commission may appoint from its membership subcommittees relating to particular problem areas or other matters, as long as the commission functions as an integrated committee as set forth in the bylaws. [PL 2025, c. 140, §9 (AMD).]

8. Administrative and financial assistance. The department shall provide the commission administrative or financial assistance that is available from department resources. [PL 2011, c. 657, Pt. AA, §43 (AMD).]
5 M.R.S. § 4594-D — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594-D
5 §4594-D. Standards for facilities constructed or altered between January 1, 1991 and January 1, 1996
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of the property in a municipality that does not require building permits. [PL 1989, c. 795 (NEW).] B. "Design professional" means an architect or professional engineer registered to practice under Title 32 . [PL 1989, c. 795 (NEW).] C. "Standards of construction" means the 1986 standards set forth by the American National Standards Institute in the publication "Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People," ANSI A 117.1-1986. [PL 1989, c. 795 (NEW).] [PL 1989, c. 795 (NEW).]

2. Facilities attested. This section applies to any building or facility constructed specifically as a place of public accommodation or place of employment on or after January 1, 1991 but before January 1, 1996 or when the estimated total costs for remodeling, enlarging or renovating an existing building exceed $100,000 and the remodeling, enlarging or renovating is begun after January 1, 1991 but before January 1, 1996. [PL 2011, c. 322, §6 (AMD).]

3. Application. Facilities subject to this section must meet the following standards. A. Places of employment or public accommodation and additions to these places constructed on or after January 1, 1991 but before January 1, 1996 must meet the standards of construction. [PL 2011, c. 322, §6 (AMD).] B. Except for repairs undertaken in accordance with the rules adopted pursuant to subsection 4 , when the proposed remodeling or renovation substantially affects that portion of the building normally accessible to the public, places of employment or public accommodation remodeled or renovated on or after January 1, 1991 but before January 1, 1996 must meet the following 5 parts of the standards of construction: (1) 4.3 accessible routes; (2) 4.13 doors; (3) 4.29.3 tactile warnings on doors to hazardous areas; (4) Parking spaces for use by persons with physical disability in adequate number, pursuant to section 4593, subsection 1, paragraph E ; and (5) 4.17 toilet stalls, at least one of which must be a standard toilet stall configuration pursuant to ANSI Figure 30(a). Any additional toilet stalls within the same toilet room may be either standard stall configuration, ANSI Figure 30(a), or alternate stall configuration, ANSI Figure 30(b). [PL 2011, c. 322, §6 (AMD).] [PL 2011, c. 322, §6 (AMD).]

4. Rules. The commission may adopt, alter, amend and repeal rules designed to make buildings under this section accessible to, functional for and safe for use by persons with physical disability in accordance with subsection 3 , and may adopt, alter, amend and repeal rules designed otherwise to enforce this section. [PL 1993, c. 349, §10 (AMD).]

5. Certification; inspection. The builder of a facility to which this section applies shall obtain a certification from a design professional that the plans meet the standards of construction required by this section. The builder shall provide the certification to the Office of the State Fire Marshal with the plans of the facility. The builder shall also provide the certification to the municipality where the facility exists or will be built. [PL 1989, c. 795 (NEW).]

6. Training, education and assistance. The commission and the Office of the State Fire Marshal shall, as necessary, develop information packets, lectures, seminars and educational forums on barrier-free design for the purpose of increasing the awareness and knowledge of owners, architects, design professionals, code enforcers, building contractors and other interested parties. [PL 1989, c. 795 (NEW).]

7. Mandatory plan review; certification; inspection. Builders of the following newly constructed facilities must submit plans to the Office of the State Fire Marshal to ensure that the plans meet the standards of construction required by subsection 3 : A. Restaurants; [PL 1989, c. 795 (NEW).] B. Motels, hotels and inns; [PL 1989, c. 795 (NEW).] C. State, municipal and county buildings; and [PL 1989, c. 795 (NEW).] D. Schools, elementary and secondary. [PL 1989, c. 795 (NEW).] Fees for reviews are established by the Office of the State Fire Marshal. No building permit may be issued by the municipal authority having jurisdiction to issue these permits unless the Office of the State Fire Marshal approves the plans and certifies that the facility covered by the mandatory plan review meets the standards of construction required by this section; if, however, no decision is rendered within 2 weeks of submission to the Office of the State Fire Marshal, the builder may submit the building permit request directly to the municipality with an attestation that the plans meet the standards of construction. If officials of the municipality in which the facility is constructed, renovated, remodeled or enlarged inspect buildings for compliance with construction standards, that inspection must include an inspection for compliance with the certified plans. The municipal officials shall require that the facility be inspected for compliance with construction standards before the municipal officials permit the facility to be occupied. [PL 1993, c. 410, Pt. X, §2 (AMD).]

8. Voluntary plan review. Builders of facilities not governed by subsection 7 may submit plans to the Office of the State Fire Marshal to ensure that the plans meet the standards of construction required by subsection 3 . Fees for this review may be assessed by the Office of the State Fire Marshal. [PL 1989, c. 795 (NEW).]

9. Waivers; variance. Builders of facilities governed by subsection 7 may file a petition with the State Fire Marshal requesting a waiver or variance of the standards of construction. If the representative of the Office of the State Fire Marshal determines in cases covered by mandatory plan review that compliance with this section and its rules is not technologically feasible or would result in excessive and unreasonable costs without any substantial benefit to persons with physical disability, the State Fire Marshal may provide for modification of, or substitution for, these standards. In all petitions for variance or waiver, the burden of proof is on the party requesting a variance or waiver to justify its allowance. Requests for waivers or variances for buildings covered by mandatory plan review are heard by a designee of the Office of the State Fire Marshal. A decision must be provided in writing to the party requesting the waiver or variance. [PL 1993, c. 450, §1 (AMD).]

10. Appeals. Decisions of the State Fire Marshal on requests for waivers or variances in cases covered by mandatory plan review are subject to review in Superior Court upon petition of the aggrieved party within 30 days after the issuance of the decision for which review is sought. The court may enter an order enforcing, modifying or setting aside the decision of the State Fire Marshal, or it may remand the proceeding to the State Fire Marshal for such further action as the court may direct. [PL 1993, c. 410, Pt. X, §3 (AMD).]

11. Report. [PL 2015, c. 102, §9 (RP).]
5 M.R.S. § 17154 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17154
5 §17154. Administration of funds
Status: in_force

1. Custodian. [PL 2007, c. 249, §16 (RP).]

2. Budget estimates. The board shall submit budget estimates of contributions required to fund benefits for state employees and teachers to the State Budget Officer in accordance with section 1665 , except that after July 1, 1995, the board may not submit estimates of contributions required to pay premiums for health insurance for retired state employees and retired teachers. [PL 1995, c. 368, Pt. G, §7 (AMD).]

3. Combination or elimination of funds. On the advice of the actuary of the retirement system, the board may combine or eliminate all or any parts of the funds set forth in this subchapter, except that any combination or elimination may not impair the actuarial valuations. [PL 1985, c. 801, §§5, 7 (NEW).]

4. Payment upon vouchers. [PL 2007, c. 249, §17 (RP).]

5. Payment of employer charges for state employees. For state employees, on every payroll from which retirement contributions are deducted or picked up, the State Controller shall cause a charge to be made to each department of the State in order to pay employer costs. A. The charge shall be a percentage, to be predetermined by the actuary and approved by the board, of the total earnable compensation of members appearing on the payroll of each department. [PL 1987, c. 739, §§5, 48 (AMD).] B. The amount or amounts shall be credited to the appropriate funds as listed in this subchapter. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1987, c. 739, §§5, 48 (AMD).]

6. Payment of employer charges for teachers. For teachers, percentage rates to be predetermined by the actuary and approved by the board must be applied to the total earnable compensation of members covering the most recent school year preceding the preparation of the biennial budget. A. The resulting amount must be appropriated and credited to the appropriate funds. [PL 2007, c. 240, Pt. U, §6 (AMD).] B. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement programs applicable to those teachers whose funding is provided from federal grants or through federal reimbursement must be paid by local school systems from those federal funds. [PL 2007, c. 491, §85 (AMD).] C. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement program applicable to those teachers who are permitted to continue to accrue service credit while on a one-year leave of absence and participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State must be paid from funds provided by the college employing the teacher during that year. [PL 2007, c. 491, §85 (AMD).] D. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement program applicable to a teacher who is permitted to continue to accrue service credit while on a leave of absence and serving as President of the Maine Education Association must be paid from funds provided by the Maine Teachers Association. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [PL 2007, c. 491, §85 (AMD).] E. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement program applicable to those teachers whose funding is provided directly or through reimbursement from private or public grants must be paid by local school systems from those funds. "Public grants" does not include state or local funds provided to school administrative units under Title 20‑A, chapters 315 and 606‑B . [PL 2007, c. 491, §85 (AMD).] F. Notwithstanding this section, effective September 1, 1993, the employer retirement costs and administrative operating expenses related to the retirement program, less the unfunded liability, that are applicable to a teacher who is permitted to continue to accrue service credit while on released time and serving as president of a recognized or certified collective bargaining agent representing teachers must be paid from funds provided by the collective bargaining agent or school administrative unit. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [PL 2007, c. 491, §85 (AMD).] G. Notwithstanding this section, beginning in fiscal year 2013-14, the employer retirement costs that are applicable to the normal cost of retirement for a teacher must be included in the total allocation in accordance with Title 20‑A, chapter 606‑B for the school administrative unit that employs the teacher. [PL 2013, c. 368, Pt. C, §1 (NEW).] H. Notwithstanding this section, beginning in fiscal year 2013-14, the employer retirement costs and administrative operating expenses related to the retirement programs applicable to those teachers employed by school administrative units, as defined in Title 20‑A, section 1, subsection 26 , whose funding is provided from local and state funds must be paid by local school administrative units. [PL 2013, c. 368, Pt. C, §1 (NEW).] I. Notwithstanding this section, beginning in fiscal year 2013-14, the employer retirement costs and administrative operating expenses related to the retirement programs applicable to those teachers employed by private schools, as defined in Title 20‑A, section 1, subsection 22 , must be paid by the private school. [PL 2013, c. 368, Pt. C, §1 (NEW).] J. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement programs applicable to those teachers employed by an education service center, as defined in Title 20‑A, section 3801, subsection 1, paragraph B , whose funding is provided from local and state funds must be paid by that education service center. [PL 2021, c. 548, §18 (AMD).] [PL 2021, c. 548, §18 (AMD).]

7. Payment of employer charges for participating local district employees. Employer charges for participating local district employees are governed by sections 18301 to 18303 . [PL 1985, c. 801, §§5, 7 (NEW).]

8. Transfers among funds. When considered necessary by the chief executive officer for the efficient administration of the retirement system, the chief executive officer may make transfers among the various funds of the system set forth in this subchapter in accordance with accepted accounting and actuarial principles. [RR 2023, c. 2, Pt. B, §98 (COR).]

9. Improper application of statutes. Notwithstanding the other provisions of this section, additional actuarial and administrative costs resulting from omissions or misrepresentations by an employer as to a member's earnings, service or service credits or from improper application of retirement system statutes or rules regarding earnings, service or service credits must be charged to and paid by the employer that omitted information, provided misinformation or improperly applied the statutes or rules, unless the omission, misrepresentation or improper application results from erroneous information provided by the retirement system. The employer is liable for amounts not recovered from the retiree and for costs incurred by the retirement system in resolving problems caused by the employer's actions and in addition may be subject to administrative fees, penalties and interest under section 17105, subsection 5 . For purposes of this subsection, "employer" means any department of State Government, school administrative unit or participating local district. [PL 1993, c. 595, §5 (AMD).]

10. Payment of additional actuarial costs incurred by the retirement system due to early retirement incentives. Notwithstanding the other provisions of this section, additional actuarial and reasonable administrative costs that result from the early retirement of a member offered a retirement incentive by an employer must be paid by the employer that offered and provided the incentive pursuant to section 17159 . For purposes of this subsection, "early retirement" has the same meaning as in section 17159, subsection 1 . [PL 1995, c. 541, §2 (RPR).]

11. Payment of actuarial cost of excess increase in earnable compensation. Notwithstanding the other provisions of this section, the employer may pay to the retirement system the cost of the actuarial liability resulting from any increase in earnable compensation for any year within the 3-year period used in determining average final compensation that exceeds the prior year's earnable compensation by more than 5% or, if it would result in a lesser additional actuarial liability, any increase in earnable compensation over a total increase of 10% during the 3-year period. The retirement system shall calculate the cost of the additional actuarial liability for each member when calculating the retirement benefit for that member at retirement. The cost must be paid in accordance with this subsection. A. For state employees, the State Controller shall establish an account from which payments required by section 17001, subsection 13, paragraph C must be made. At the time any collective bargaining agreement is funded, funds must be appropriated to this account to pay for the anticipated cost of any increases over the limits established in section 17001, subsection 13, paragraph C that may result from the provisions of that agreement. When the additional actuarial liability is incurred with respect to a retiring state employee, the retirement system shall bill the State Controller for the cost and the State Controller shall transfer to the retirement system the amount billed. [PL 1993, c. 410, Pt. L, §27 (NEW).] B. For teachers, the cost must be paid by the school administrative unit that provides an increase over the limits established in section 17001, subsection 13, paragraph C . If the school administrative unit has agreed to pay the cost of the additional actuarial liability, the retirement system shall bill the school administrative unit for the cost, which must be paid by the school administrative unit within 60 days of its receipt of the bill. If the retirement system does not receive payment within 60 days, the system shall notify the State Controller, who shall immediately reduce the school administrative unit's general purpose aid by the amount billed plus interest applied as of the 60th day and transfer the total amount of the reduction to the retirement system. If the general purpose aid payable at the time to the school administrative unit is insufficient to pay the entire amount of the reduction, general purpose aid payable to the school administrative unit in the future must be reduced until the entire amount of the reduction, plus any additional accrued interest, has been transferred to the retirement system. [PL 1993, c. 410, Pt. L, §27 (NEW).] C. The retirement system shall provide information with the bill to the employer stating the basis on which the cost billed was calculated and showing the calculations. If the State Controller or school administrative unit questions the cost, its basis or the calculations, the retirement system shall promptly respond and, if necessary, meet with the State Controller or school administrative unit to resolve any dispute. [PL 1993, c. 410, Pt. L, §27 (NEW).] This subsection does not apply to excess increases resulting from compensation paid prior to July 1, 1993, from compensation paid in accordance with an individual employment contract executed prior to July 1, 1993 or collective bargaining agreement executed or ratified in its final form by final vote of one party to the agreement prior to July 1, 1993 for the initial term of that contract or agreement or from other action by the governing body of the school administrative unit in effect on July 1, 1993. In addition, this subsection does not apply to increases granted to state employees during fiscal years 1993-94 and 1994-95. [PL 1993, c. 580, §2 (AMD); PL 1993, c. 580, §3 (AFF).]
5 M.R.S. § 18802-A — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18802-A
5 §18802-A. Participating Local District Advisory Committee
Status: in_force

1. Composition; designation. The Participating Local District Advisory Committee, referred to in this chapter as "the advisory committee," is composed of the following 12 members: A. Five voting members who are members of labor organizations that represent participating local district employees, duly designated by their respective labor organizations as follows: (1) One member duly designated by the Maine Education Association; (2) One member duly designated by the American Federation of State, County and Municipal Employees; (3) One member duly designated by the Service Employees International Union; (4) One member duly designated by the International Association of Fire Fighters; and (5) One member duly designated by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; [PL 2007, c. 249, §36 (AMD).] B. Five voting members who represent participating local districts duly designated as follows: (1) Three members duly designated by the Maine Municipal Association; and (2) Two members duly designated by the Maine School Management Association; [PL 2007, c. 249, §36 (AMD).] C. One nonvoting member duly designated by the Governor; and [PL 2007, c. 249, §36 (AMD).] D. The chief executive officer or the chief executive officer's designee, to serve as an ex officio nonvoting member. [PL 1997, c. 12, §1 (NEW); PL 1997, c. 12, §2 (AFF); PL 2021, c. 548, §45 (REV).] [PL 2007, c. 249, §36 (AMD); PL 2021, c. 548, §45 (REV).]

2. Compensation of members. The members of the advisory committee are not entitled to receive compensation for their participation in the advisory committee's activities. [PL 1997, c. 12, §1 (NEW); PL 1997, c. 12, §2 (AFF).]

3. Chair. The chief executive officer, or a designee, shall serve as chair. [PL 1997, c. 12, §1 (NEW); PL 1997, c. 12, §2 (AFF); PL 2021, c. 548, §45 (REV).]

4. Term. The terms of the members are as follows. A. Each member serves a term of 5 years. [PL 2007, c. 249, §37 (AMD).] B. A member shall continue to serve after the expiration of that member's term until a qualified successor is designated. The member's continuation as a member does not change the expiration of that member's term. [PL 2007, c. 249, §37 (AMD).] C. The term of a member designated to succeed a member whose term has expired expires 5 years after the expiration date of the term of the previous member, regardless of the effective date of the new designation. There is no limit to the number of terms to which a member may be designated. [PL 2007, c. 249, §37 (AMD).] D. The designating authority shall designate a person to fill a vacancy caused by death, resignation or ineligibility within 60 days. This designation is for the unexpired portion of the term and must be made from a designation provided by the organization the former member represented, as provided by subsection 1 . With the agreement of the member being replaced and of the designating authority, the member being replaced serves until a replacement is designated. Otherwise, a vacancy exists until a replacement is designated. [PL 2007, c. 249, §37 (AMD).] E. The terms of the initial appointments are as follows. (1) Members who represent participating local district employees are appointed by the Governor, one each, to terms of 1, 2, 3, 4 and 5 years. (2) Members who represent participating local districts are appointed by the Governor, one each, to terms of 1, 2, 3, 4 and 5 years. [PL 1997, c. 12, §1 (NEW); PL 1997, c. 12, §2 (AFF).] F. A member is considered to have resigned if: (1) The member severs the affiliation with the organization that designated the member in accordance with subsection 1 ; or (2) The member is absent from 3 consecutive meetings of the advisory committee without good cause as determined by the advisory committee. [PL 2007, c. 249, §37 (AMD).] [PL 2007, c. 249, §37 (AMD).]

5. Transaction of business. The transaction of business by the advisory committee is governed as follows. A. Six voting members, including at least 2 labor organization representatives and 2 participating local district representatives, constitute a quorum for the transaction of any business. [PL 2025, c. 221, §50 (AMD).] B. Each member is entitled to one vote. [PL 1997, c. 12, §1 (NEW); PL 1997, c. 12, §2 (AFF).] C. Affirmative votes of a simple majority of the quorum or, if greater, of the voting members present are necessary for the passage of any resolution or any other action by the advisory committee. [PL 2003, c. 387, §13 (AMD).] [PL 2025, c. 221, §50 (AMD).]

6. Proposal for plan design or amendment. The advisory committee or the retirement system staff may present to the board proposals for the consolidated retirement plan and amendments to the plan. Passage of any resolution or any other action by the advisory committee relating to proposals for the consolidated retirement plan or proposed amendments to the consolidated retirement plan requires affirmative votes of a simple majority of the quorum or, if greater, of the voting members present. [PL 2003, c. 387, §13 (AMD).]

7. Remote meeting policy. The remote meeting policy in Title 1, section 403‑B, subsection 2 may be adopted by the chief executive officer on behalf of the advisory committee. [PL 2021, c. 548, §44 (NEW).]
5 M.R.S. § 3360-D — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-D
5 §3360-D. Claims
Status: in_force

1. Submission of claims. Claims are submitted to the board as follows. A. Claims must be in writing. [PL 1999, c. 360, §5 (AMD); PL 1999, c. 360, §9 (AFF).] B. Claims must specify the date, the nature and circumstances of the crime and the law enforcement agency to which the crime was reported. [PL 1991, c. 806, §3 (NEW).] C. Claims must include documentation of all eligible expenses and losses for which the claimant seeks compensation, including but not limited to medical reports, records and bills, funeral bills and employment records when lost wages are sought. [PL 1991, c. 806, §3 (NEW).] D. Claims must include records related to insurance, workers' compensation, federal and state entitlement and assistance programs. [PL 1991, c. 806, §3 (NEW).] [PL 1999, c. 360, §5 (AMD); PL 1999, c. 360, §9 (AFF).]

2. Release of records. A signed application for benefits under this chapter is effective under state law to authorize the release of health care, mental health, employment and wage information pertinent to the claim. Additionally, the claimant shall provide the board with other information or the release of such other information as the board determines is reasonably necessary to decide the claim. Upon request of the board pursuant to the claimant's application for compensation, health care providers and health plans, insurers or other persons who pay or discharge the costs of health care must submit directly to the board any information that is required to support a claimant's application or that is necessary to process a claim for payment. [PL 2003, c. 243, §5 (AMD).]

3. Forms. The board may provide forms for the submission of claims and claims information. [PL 1997, c. 378, §7 (AMD).]

4. Confidentiality. All records and information obtained by or in the possession of the Department of the Attorney General concerning an application for or an award of compensation under this chapter are confidential and may not be disclosed. However, the Attorney General may provide access to those records and information to the board for use in the board's official duties; those records and information remain confidential in the possession of the board. The records or information may, at the sole discretion of the Attorney General or designee of the Attorney General, be disclosed to: A. Law enforcement officers to assist them with the discharge of their official duties; [PL 1997, c. 378, §8 (NEW).] B. The courts and the Department of Corrections to provide them with information to assess, collect and disburse restitution; [PL 1997, c. 378, §8 (NEW).] C. A claimant who has requested a hearing before the board or who has appealed a final decision of the board; and [PL 1997, c. 378, §8 (NEW).] D. Other persons to carry out the purposes of this chapter. [PL 1997, c. 378, §8 (NEW).] [PL 1997, c. 378, §8 (NEW).]
5 M.R.S. § 3208 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3208
5 §3208. Working Waterfront Advisory Council
Status: in_force

The Working Waterfront Advisory Council, established by section 12004‑I, subsection 57‑I and referred to in this section as "the council," is established to address issues facing the State's working waterfronts. [PL 2025, c. 265, §2 (NEW).]

1. Membership. The director shall appoint up to 15 members to the council who, to the greatest extent possible, must represent federally recognized Indian nations, tribes or bands in the State, municipalities, nonprofit organizations, trade organizations, educational institutions, individuals and industries that represent or use working waterfronts in the State. To the greatest extent possible, the membership of the council must reflect a geographic distribution along the coast. In making appointments, the director shall consider and appoint residents of the State who have knowledge of problems facing working waterfronts in the State, have experience in advocacy relating to working waterfront issues or provide leadership in programs or activities that create and improve opportunities or spread awareness related to working waterfronts and persons that use them. [PL 2025, c. 265, §2 (NEW).]

2. Term. A member's term is for 3 years. If a member is unable to complete the term, the director shall appoint a member pursuant to subsection 1 to serve out the unexpired portion of the term. [PL 2025, c. 265, §2 (NEW).]

3. Officers; staff. The officers of the council are the chair and the vice-chair. The term of the officers is one year. The council shall elect a member of the council for each officer position at the first regular meeting of each year. The council is staffed by the office. [PL 2025, c. 265, §2 (NEW).]

4. Meetings. The council shall meet at least 4 times per year. It may meet at other times at the call of the chair or the director. [PL 2025, c. 265, §2 (NEW).]

5. Council report. By February 1, 2026 and annually thereafter, the council shall submit a report to the joint standing committees of the Legislature having jurisdiction over economic and community development matters and marine resources matters on the status of the condition of, the current and future challenges concerning and recommendations related to working waterfronts in the State, including, but not limited to: A. How to best use state agencies, municipal governments, working waterfront industries and citizen groups to protect and improve access to working waterfronts in the State; [PL 2025, c. 265, §2 (NEW).] B. Matters of interest to working waterfront industries and communities in the State, including, but not limited to, geographic information systems mapping and inventory, climate and resilience, preservation and access, affordable workforce housing, climate-driven relocation, water quality and ecosystems, workforce development, health care access, the marine resources economy and economic development, including public-private partnerships, decarbonization and electrification and developing new working waterfronts; and [PL 2025, c. 265, §2 (NEW).] C. Information on relevant existing federal, state, municipal, educational organization and nonprofit organization data, plans, recommendations and studies that relate to working waterfronts in the State and updates on progress made in state plans that include references to working waterfronts. [PL 2025, c. 265, §2 (NEW).] After reviewing the report, either joint standing committee may report out legislation to implement any recommendations contained in the report. [PL 2025, c. 265, §2 (NEW).]

6. Director report. By February 1, 2026 and annually thereafter, the director shall submit a report to the joint standing committees of the Legislature having jurisdiction over matters related to the office on the status of initiatives regarding working waterfronts, including information from coalitions, task forces and engagements with municipal and tribal governments. After reviewing the report, either joint standing committee may report out legislation to implement any recommendations contained in the report. [PL 2025, c. 265, §2 (NEW).]
5 M.R.S. § 20058 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20058
5 §20058. Rural recovery residences for families
Status: in_force

1. Recovery residences for families. The Maine State Housing Authority shall make funds available for the acquisition of land or real property to support the creation of certified recovery residences under sections 20054 and 20057 that provide services to parents or guardians recovering from substance use disorder and their minor children. [PL 2023, c. 412, Pt. LLL, §1 (NEW).]

2. Location. The land or real property acquired under this section must be located in counties with a county seat of no more than 35,000 residents and must be in close proximity to public transportation, or transportation must be provided to residents of the rural recovery residences. [PL 2023, c. 412, Pt. LLL, §1 (NEW).]

3. Services. A rural recovery residence under this section must provide the following: A. Recovery support services based on the needs of each resident; and [PL 2023, c. 412, Pt. LLL, §1 (NEW).] B. Support for reunification services with minor children based on the needs of each resident. [PL 2023, c. 412, Pt. LLL, §1 (NEW).] [PL 2023, c. 412, Pt. LLL, §1 (NEW).]

4. Staffing. Staff employed by a rural recovery residence under this section must be paid at least livable wages, as defined in Title 26, section 1‑A . [PL 2023, c. 412, Pt. LLL, §1 (NEW).]

5. Fund. The Rural Recovery Residence Fund is established as a nonlapsing fund to receive funds to support the land or real property acquisition, construction, renovation and activities described in this section. The Maine State Housing Authority shall distribute funds through a competitive bid process to grantees. [PL 2023, c. 412, Pt. LLL, §1 (NEW).]

6. Rules. The Maine State Housing Authority may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A. [RR 2023, c. 2, Pt. A, §15 (COR).]
5 M.R.S. § 17652 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17652
5 §17652. Optional membership
Status: in_force

1. Elected and appointed officials. Membership in the State Employee and Teacher Retirement Program is optional for elected officials or officials appointed for a fixed term. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. [PL 2011, c. 449, §3 (AMD).]

2. Delayed election of membership. [PL 2009, c. 474, §15 (RP).]

2-A. Reentry. [PL 2009, c. 474, §15 (RP).]

3. Certain employees of the Maine Community College System. Notwithstanding section 17651 , membership in the State Employee and Teacher Retirement Program is optional for employees of the Maine Community College System who are eligible to participate in a retirement plan pursuant to Title 20‑A, section 12722 . A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. [PL 2011, c. 449, §4 (AMD).]

4. Limitation on election to join State Employee and Teacher Retirement Program. Notwithstanding any other law, confidential employees of the Maine Community College System who are not represented in a collective bargaining unit may join the State Employee and Teacher Retirement Program under this section only upon the written authorization of the Board of Trustees of the Maine Community College System. The board of trustees shall authorize the person to join the State Employee and Teacher Retirement Program when the Maine Community College System Office or other Maine Community College System entity that employs the individual seeking to join has identified and designated the funds necessary to pay for the cost of that person's joining the program. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. [PL 2011, c. 449, §5 (AMD).] Revisor's Note: (Subsection 4 as enacted by PL 2003, c. 404, §1 is REALLOCATED TO T.5, §17652, sub-§5)

5. (REALLOCATED FROM T. 5, §17652, sub-§4) Certain members of the Maine National Guard. A member of the Maine National Guard who is not governed by section 17651 and who is on active state service for more than 5 consecutive days pursuant to Title 37‑B may elect to be a member of the State Employee and Teacher Retirement Program. A member of the Maine National Guard on active state service pursuant to Title 37‑B who does not elect to participate in the State Employee and Teacher Retirement Program or is not eligible to participate in the State Employee and Teacher Retirement Program shall participate in the United States Social Security System. Once a member of the Maine National Guard makes an election under this subsection, that election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. A member of the Maine National Guard on active state service pursuant to Title 37‑B may participate in the tax-deferred arrangement of chapter 67 . [PL 2009, c. 474, §15 (AMD).]

6. Substitute teachers. Notwithstanding section 17651 , membership in the State Employee and Teacher Retirement Program is optional for substitute teachers. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. [PL 2011, c. 449, §6 (AMD).]

Revisor's Note: (REALLOCATED TO T.5, §17652, sub-§5) 4. Certain members of the Maine National Guard. [RR 2003, c. 1, §4 (RAL).]; [PL 2003, c. 404, §1 (NEW)
5 M.R.S. § 20002 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20002
5 §20002. Purpose
Status: in_force

The purposes of this Act are: [PL 1989, c. 934, Pt. A, §3 (NEW).]

1. Integrated and comprehensive approach. To adopt an integrated approach to the problem of substance use disorder and to focus all the varied resources of the State on developing a comprehensive and effective range of substance use disorder prevention, treatment and recovery activities and services; [PL 2019, c. 524, §2 (AMD).]

2. Coordination of activities and services. To establish within the Department of Health and Human Services the responsibility for planning, developing, implementing, coordinating and evaluating all of the State's substance use disorder prevention, treatment and recovery activities and services; [PL 2019, c. 524, §3 (AMD).]

3. Tobacco use by juveniles. To enforce the State's laws relating to the sale and use of tobacco products by juveniles and to coordinate state and local activities related to those provisions. The department shall take all necessary actions to ensure compliance with the Synar Act, 42 United States Code, Section 300X‑26, including the preparations of reports for the signature of the Governor. All law enforcement agencies, all state departments, including the Department of Public Safety, and municipalities shall cooperate with the department in these efforts. The department may enter into any contracts or agreements necessary or incidental to the performance of its duties under this section, subject to section 20005, subsection 6 and Title 22‑A, section 214 . The department shall provide or assist in the provision of voluntary training programs regarding the sales of tobacco products to juveniles; and [PL 2019, c. 590, §1 (AMD).]

4. Gambling addiction counseling. To establish standards for the provision of gambling addiction counseling services and other activities relating to the prevention and treatment of gambling addiction. The department may accept private, state and federal funds to support the performance of its duties under this subsection. [PL 2011, c. 657, Pt. AA, §6 (AMD).]
5 M.R.S. § 1671 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1671
5 §1671. Federal grants from settlements
Status: in_force

1. Application. This section shall apply to federal grants that are the result of class action or other litigation that involves the citizens of the State. [PL 1983, c. 261, §1 (NEW).]

2. Allocation. No expenditure may be made from any such grants unless allocation of the funds is recommended by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and approved by the Legislature. [PL 1983, c. 261, §1 (NEW).]

Revisor's Note: §1671. Dedicated revenue accounts (As enacted by PL 1983, c. 477, Pt. E, Subpt. 19 is REALLOCATED TO TITLE 5, SECTION 1672)
5 M.R.S. § 25008 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25008
5 §25008. Meetings
Status: in_force

The commission shall meet at the call of the chairs not less than 4 times each year. [PL 2019, c. 457, §2 (NEW).]
5 M.R.S. § 17 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 17
5 §17. Payroll deduction for Maine Warden Service Relief Association
Status: in_force

The Commissioner of Administrative and Financial Services is authorized to permit payroll deductions from the salaries of state employees for membership dues for the Maine Warden Service Relief Association and to transmit the funds so collected to the Maine Warden Service Relief Association under the appropriate departmental rules concerning payroll deductions. [PL 1991, c. 780, Pt. Y, §7 (AMD).]
5 M.R.S. § 1766 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1766
5 §1766. Use of biomass and solid waste fuels in state facilities
Status: in_force

For the purposes of the installation, development or operation of any energy production improvement at or in connection with a state facility, and notwithstanding any other provision of law, any department or agency of the State, subject to approval of the Bureau of General Services, may enter into an agreement with a private party under which the private party may, for consideration, lease or otherwise acquire property interest, exclusive of ownership in fee, in land, buildings or other existing heating facilities and right of access thereto; as long as any improvement to the land, buildings or other existing heating facility installed, erected, owned, developed or operated by the private party utilizes biomass, solid waste or some combination of biomass and solid waste for at least 50% of its total energy input. The duration of the agreement may not exceed 20 years. [PL 2011, c. 691, Pt. B, §16 (AMD).]

The private party undertaking the installation, erection, ownership, development or operation of such an improvement may cogenerate thermal energy and electricity and may sell thermal energy to a state facility located at or near the site of the improvement. The private party may sell thermal energy in excess of the requirements of the state facility to any other customer and may sell cogenerated electricity to the state facility. [PL 1999, c. 657, §1 (AMD).]

A forest harvest operation to supply biomass fuel to the improvement shall be conducted in accordance with a landowner's forest management plan approved by a registered professional forester. The private party undertaking the improvement shall make available the services of a registered professional forester at no cost to a landowner whose land will be harvested to provide biomass fuel to the improvement. [PL 1983, c. 803 (NEW).]

Any department or agency of the State, subject to approval by the Bureau of General Services, at the termination of the agreement with the private party pursuant to this section, may acquire, operate and maintain the improvement, may renew the agreement with the private party or may make an agreement with another private party to operate and maintain the improvement. [PL 2011, c. 691, Pt. B, §16 (AMD).]

All agreements made with private parties as contemplated in this section shall be subject to review by a subcommittee of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [PL 1983, c. 803 (NEW).]

The provisions of section 1587 shall not apply to an agreement with a private party as contemplated in this section except, in the event that the state department or agency chooses to exercise an option to purchase energy production improvements, the department or agency before or at the time of the exercise of the option shall submit the proposed purchase of the energy production improvements for approval by the Legislature through the usual budget procedure. [PL 1983, c. 803 (NEW).]
5 M.R.S. § 783 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 783
5 §783. Appointment, assignment and promotion of personnel
Status: in_force

Officials and supervisory employees shall appoint, assign and promote personnel on the basis of merit and fitness, without regard to actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status, unless related to a bona fide occupational qualification. Each appointing authority shall designate an affirmative action officer. The officer must be so placed within the agency's organizational structure that the officer has direct access to the appointing authority. Each department or agency shall prepare an affirmative action program for that department or agency in accordance with criteria set forth by the Bureau of Human Resources. [PL 2021, c. 553, §2 (AMD).]
5 M.R.S. § 12009 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12009
5 §12009. Duty of Secretary of State
Status: in_force

The Secretary of State shall compile and maintain the information provided pursuant to section 12005‑A . [PL 1987, c. 786, §8 (NEW).]

1. Report to Commissioner of Administrative and Financial Services. The Secretary of State, by January 15th of each year, shall submit to the Commissioner of Administrative and Financial Services a list of the boards, with the name and address of each clerk who failed to report as required in section 12005‑A . [PL 1999, c. 668, §48 (AMD).]

2. Report of board activities. The Secretary of State, by January 30th of each year, shall submit a report to the Governor and the joint standing committee of the Legislature having jurisdiction over state and local government. This report, at a minimum, must include the following information with respect to boards in the previous calendar year: A. The average meeting length of each board; [PL 1987, c. 786, §8 (NEW).] B. The number of meetings of each board; [PL 1987, c. 786, §8 (NEW).] C. The total compensation paid to each board; [PL 1987, c. 786, §8 (NEW).] D. The total amount of expenses reimbursed to each board; and [PL 1987, c. 786, §8 (NEW).] E. The average rate of attendance for each board. [PL 1987, c. 786, §8 (NEW).] This report must also include a list of all boards that have failed to report as required in section 12005‑A and from whom the Secretary of State is seeking a report. This report must also include a list of boards that have sought an exemption from the reporting or other requirement of this chapter. [PL 1991, c. 844, §3 (AMD).]

3. Report on appointments. By December 30th of each year, the Secretary of State shall submit a report to the Governor, the Speaker of the House and the President of the Senate. This report shall include the following information and any additional information deemed important by the Secretary of State: A. A list of appointments, by board, which will expire in the ensuing calendar year and for which reappointments or new appointments are required. This list shall include the date of expiration of the term of each appointment due to expire and the length of any existing vacancy; [PL 1987, c. 786, §8 (NEW).] B. The appointing authority responsible for making the appointments or reappointments as described in paragraph A ; [PL 1987, c. 786, §8 (NEW).] C. A list of appointments due to expire in the following year which, by law, require a new appointment rather than reappointment of the person in that position; and [PL 1987, c. 786, §8 (NEW).] D. A list of appointments due to expire in the following year for which confirmation by the Senate is required. [PL 1987, c. 786, §8 (NEW).] [PL 1987, c. 786, §8 (NEW).]
5 M.R.S. § 131-A — ME Code / Title 5 / Part 1 / Chapter 7 / Section 131-A
5 §131-A. Payment priority
Status: in_force

Payments made on behalf of the Department of Health and Human Services for Temporary Assistance for Needy Families and for foster care have priority over other payments and must be made without delay whether or not they are pursuant to a state plan or contract under 45 Code of Federal Regulations, Part 23. The Treasurer of State shall cooperate with other state agencies to accomplish priority payments. [PL 1991, c. 747, §1 (NEW); PL 1997, c. 530, Pt. A, §34 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
5 M.R.S. § 194-G — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-G
5 §194-G. Review criteria
Status: in_force

1. Required determinations. The Attorney General may not approve or recommend that a court approve and the court may not approve a proposed conversion transaction unless the Attorney General or the court, as appropriate, finds that: A. The public charity will receive fair market value for its charitable assets. The fair market value must be based upon an appraisal conducted in accordance with subsection 3 and must use the projected closing date of the conversion transaction as the valuation date; [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The proposed distribution of proceeds of the transaction complies with section 194‑H ; and [PL 2001, c. 550, Pt. A, §2 (NEW).] C. The public charity considered the proposed conversion as the best alternative in carrying out its mission and purposes. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Considerations. In determining whether the criteria in subsection 1 are met, the Attorney General or the court, as appropriate, shall consider, as applicable, whether: A. The public charity will receive fair market value for its charitable assets; [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The terms and conditions of the agreement or transaction are fair and reasonable to the public charity; [PL 2001, c. 550, Pt. A, §2 (NEW).] C. The fair market value of the public charity's assets to be transferred has been manipulated by the actions of the parties in a manner that causes the fair market value of the assets to decrease; [PL 2001, c. 550, Pt. A, §2 (NEW).] D. The agreement or transaction will result in inurement to any private person or entity; [PL 2001, c. 550, Pt. A, §2 (NEW).] E. The proposed conversion transaction will result in a breach of fiduciary duty or violate any statutory or common-law duty or obligation on the part of the directors, trustees or other parties involved in the transaction, including but not limited to conflicts of interest related to payments or benefits to officers, directors, board members, executives and experts employed or retained by the parties; [PL 2001, c. 550, Pt. A, §2 (NEW).] F. The governing body of the public charity exercised due diligence in deciding to dispose of the public charity's assets, selecting the acquiring entity and negotiating the terms and conditions of the disposition; [PL 2001, c. 550, Pt. A, §2 (NEW).] G. The Attorney General has been provided with sufficient information and data by the public charity to evaluate adequately the agreement or transaction and the effects of the agreement or transaction on the public; [PL 2001, c. 550, Pt. A, §2 (NEW).] H. The proceeds of the conversion of the public charity are distributed to either an existing or new public benefit corporation or foundation pursuant to section 194‑H ; [PL 2001, c. 550, Pt. A, §2 (NEW).] I. The proceeds of the proposed conversion transaction will be used in accordance with the rules of any trust under which the assets were held by the public charity and the proceeds will be controlled as funds independent of the acquiring entity or entities related to the acquiring entity; [PL 2001, c. 550, Pt. A, §2 (NEW).] J. The entity surviving after the conversion transaction will be financially viable and competently managed; [PL 2001, c. 550, Pt. A, §2 (NEW).] K. The transaction will diminish the availability and accessibility of services to the affected community; and [PL 2001, c. 550, Pt. A, §2 (NEW).] L. The conversion plan and transaction complies with all applicable laws including the Maine Nonprofit Corporation Act and state tax code provisions. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

3. Valuation. A public charity shall submit to the Attorney General and the court an independent appraisal of the fair market value of assets to be converted under subsection 1. To the extent that the appraisal is based on a capitalization of the pro forma income of the converted assets, the appraisal must indicate the basis for determination of the income to be derived from any proceeds of the sale of stock and demonstrate the appropriateness of the earnings-multiple used, including assumptions made regarding future earnings growth. A. To the extent that an appraisal under this subsection is based on the comparison of the capital stock of the converted entity with outstanding capital stock of existing stock entities offering comparable products, the existing stock entities must be reasonably comparable to the converting entity in terms of such factors as size, market area, competitive conditions, profit history and expected future earnings. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. If the value of assets being converted is $500,000 or more, the appraisal must include any element of value arising from the accomplishment or expectation of the conversion transaction, including any value attributable to projected operating efficiencies to result from the conversion, net of the cost of changes to produce such efficiencies. [PL 2001, c. 550, Pt. A, §2 (NEW).] C. If the Attorney General or the court determines that an appraisal under this subsection is materially deficient or substantially incomplete, the Attorney General or the court may deem the entire conversion plan materially deficient or substantially incomplete and reject or decline to further process the application for conversion. [PL 2001, c. 550, Pt. A, §2 (NEW).] D. A converting entity shall submit to the Attorney General and the court information demonstrating to the satisfaction of the Attorney General or the court the independence and expertise of any person preparing the appraisal or related materials under this subsection. [PL 2001, c. 550, Pt. A, §2 (NEW).] E. An appraiser under this subsection may not serve as an underwriter or selling agent under the same conversion plan and an affiliate of an appraiser may not act as an underwriter or selling agent unless procedures are followed and representations and warranties made to ensure that an appraiser is separate from the underwriter or selling agent affiliate and the underwriter or selling agent affiliate does not make recommendations or in any way have an impact on the appraisal. [PL 2001, c. 550, Pt. A, §2 (NEW).] F. An appraiser may not receive any other fee except the fee for services rendered in connection with the appraisal. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 17709-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17709-A
5 §17709-A. Inland fisheries and wildlife officers; members hired after July 1, 1992
Status: in_force

Notwithstanding section 17709 , a law enforcement officer in the Department of Inland Fisheries and Wildlife 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 17709 . [PL 2007, c. 491, §121 (AMD).]
5 M.R.S. § 13206 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13206
5 §13206. Maine Space Complex Fund
Status: in_force

1. Maine Space Complex Fund established. There is established a nonlapsing fund to be known as the Maine Space Complex Fund, referred to in this section as "the fund," for the purpose of receiving funds from the State and gifts, grants, devises, bequests, trusts or security documents to support the operations of the corporation and the Maine Space Complex. The State shall credit to the fund any appropriation made to the corporation in the fiscal year in which the appropriation is made. A. The fund must be used to: (1) Purchase, lease, acquire, own, improve, use, sell, convey, transfer or otherwise deal in and with a corporation property, a corporation project or any interest in the corporation property or corporation project, whether tangible or intangible, as otherwise authorized under this chapter; (2) Pay the costs of operating, maintaining, improving and repairing all property and projects of the corporation; (3) Pay the costs of administering and operating the corporation, including, but not limited to, all wages, salaries, benefits and other expenses authorized by the board of directors or the executive director; (4) Pay the principal and premium, if any, and the interest on the outstanding bonds of the corporation related to a corporation property or corporation project as they become due and payable; (5) Create and maintain reserves required or provided for in any law authorizing or any security document securing the bonds of the corporation related to a corporation property or corporation project; (6) Create and maintain a capital improvement fund for a corporation property and corporation project established by the board of directors; (7) Pay all taxes owed by the corporation related to a corporation property or corporation project; and (8) Pay all expenses incident to the management and operation of the corporation. [PL 2021, c. 631, §1 (NEW).] B. The fund constitutes a continuing appropriation for the benefit of the corporation. Any amount remaining in the fund at the close of any fiscal year is carried over and credited to the fund for the succeeding year. [PL 2021, c. 631, §1 (NEW).] C. Money in the fund must be paid to the corporation on manifests approved by the Governor and Legislature in the same manner as other state claims are paid. [PL 2021, c. 631, §1 (NEW).] D. The revenues received by and due to the corporation from all sources other than state appropriation must be retained by the corporation and must be used in such a manner as the board of directors determines consistent with the provisions of this section or as otherwise provided by law or by the terms and conditions of any gift, grant, devise, bequest, trust or security document. [PL 2021, c. 631, §1 (NEW).] [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 1903 — ME Code / Title 5 / Part 4 / Chapter 159 / Section 1903
5 §1903. Procedure
Status: in_force

The employment of students enrolled in cooperative education programs in approved colleges, universities or institutes in the State of Maine is hereby authorized. Appropriate department, agency or institution heads may employ such students through the use of funds resulting from unfilled positions in their personal services budgets. [PL 1975, c. 211 (NEW).]

Each student must be approved by the institution the student attends and the agency, department or institution head. [RR 2023, c. 2, Pt. B, §60 (COR).]

Appropriate department, agency or institution heads may request the employment of cooperative education students on a form provided by the Bureau of Human Resources. Approval by the State Human Resources Officer and the State Budget Officer will constitute approval for a student to be employed. Only cooperative education programs that require full-time employment for a period of not less than 10 weeks shall be included. Cooperative education students will be classified as project employees and will be governed by all policies and entitled to all rights and privileges afforded such employees, except that they shall be paid at the prevailing minimum wage. [PL 1985, c. 785, Pt. B, §33 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]

The restrictions regarding full-time employment and payment at minimum wage shall not apply to the cooperative education support program between the Department of Health and Human Services and the University of Maine System for the training of psychologists. [PL 1985, c. 779, §20 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
5 M.R.S. § 17159 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17159
5 §17159. Early retirement incentive costs
Status: in_force

When an employee retires prior to normal retirement age and receives from the employer any significant monetary or nonmonetary payment or award in connection with the employee's retirement, the employer must, prior to the effective date of the employee's retirement, demonstrate that the payment or award is not a retirement incentive or pay the additional actuarial and reasonable administrative costs of the employee's early retirement. [PL 1995, c. 541, §3 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Early retirement" means retirement before normal retirement age with a reduced retirement benefit as provided by section 17851‑A, subsection 4, section 17852, subsection 3 or 3‑A or subsection 10, paragraph C or C‑1 ; section 17857, subsection 3‑A; section 18452, subsection 3 ; or section 18462, subsection 3 . [PL 2007, c. 249, §19 (AMD).] B. "Employer" means, in the case of a member who is a state employee, the department of State Government by which the member was last employed prior to retirement; in the case of a member who is a teacher, the local school administrative unit by which the member was last employed prior to retirement; and in the case of a member who is an employee of a participating local district, the district by which the member was last employed prior to retirement. [PL 1995, c. 541, §3 (NEW).] [PL 2007, c. 249, §19 (AMD).]

2. Criteria for identifying an early retirement incentive. A payment or award in connection with retirement is an incentive for early retirement for which the employer offering the incentive is responsible for the additional costs pursuant to section 17154, subsection 10 if all the criteria established in this subsection are met: A. The payment or award is intended to induce the member's early retirement; [PL 1995, c. 541, §3 (NEW).] B. The payment or award is a one-time, time-limited or occasional offer outside the employer's regular benefit program; [PL 1995, c. 541, §3 (NEW).] C. The payment or award is not part of a longevity-based employee retention program; and [PL 1995, c. 541, §3 (NEW).] D. The payment or award is not made pursuant to a collective bargaining agreement for the initial term of that agreement if that agreement is executed or ratified in its final form by final vote of at least one of the parties to the agreement prior to July 1, 1993. [PL 1995, c. 541, §3 (NEW).] [PL 1995, c. 541, §3 (NEW).]

3. Employer provides information. If a member retires prior to normal retirement age and receives a significant monetary or nonmonetary payment or award in connection with the retirement, prior to the effective date of the member's retirement or, if a payment or award that was not known or anticipated prior to retirement is given after retirement, within 7 business days of the date upon which the payment or award is given, the employer must provide the following information to the retirement system: A. Documents demonstrating that any of the criteria established in subsection 2 is not met. By way of example and not limitation, such documents include collective bargaining agreements, whether principal agreements, side agreements or memoranda of agreement or understanding; records of official actions by the employer; relevant rules or policies of the employer; records of prior or contemporaneous relevant retirements of employees of the employer; notices, memoranda or other communications from the employer to employees regarding retirement; and correspondence between the employer and an employee, employees or employee representatives concerning retirement; and [PL 1995, c. 541, §3 (NEW).] B. Certification on a form provided by the retirement system and signed by the employer, or the responsible officer of the employer on the employer's behalf, that the payment or award does not meet the criteria established in subsection 2 and is not an action or practice causing or encouraging early retirement. [PL 1995, c. 541, §3 (NEW).] [PL 1995, c. 541, §3 (NEW).]

4. Early Retirement Incentives Review Panel. [PL 1999, c. 668, §55 (RP).]

5. Panel determinations. [PL 1999, c. 668, §56 (RP).]

6. Panel decision. [PL 1999, c. 668, §56 (RP).]

7. Reconsideration; final decision. [PL 1999, c. 668, §56 (RP).]

8. Employer payment for costs resulting from early retirement incentives. Employer payment for costs resulting from early retirement incentives are governed by this section pursuant to section 17154, subsection 10 . A. The additional actuarial costs that result from the early retirement of a member who has received an early retirement incentive must be paid to the retirement system by the employer as provided in this paragraph. (1) The retirement system shall determine the additional actuarial costs for which the employer is liable in individual situations as follows: (a) First, the annual retirement benefit payable to the member upon the member's early retirement date must be calculated in accordance with the governing provisions of the retirement system statutes and rules; (b) Second, the annual retirement benefit that would be payable to the member on a fully actuarially reduced basis must be calculated in accordance with the actuarial equivalent early retirement reduction factors prescribed by the retirement system's consulting actuary and approved by the board; (c) Third, the retirement benefit calculated in division (b) must be subtracted from the retirement benefit calculated in division (a); and (d) Fourth, a present-value factor must be applied to the amount determined in division (c) to convert the annual benefit amount to a lump sum present-value dollar amount. This amount represents the additional actuarial cost resulting from the early retirement of a member who has been offered a retirement incentive. (2) The retirement system shall bill the employer of retiring members who will receive or have received early retirement incentives for the additional actuarial costs as determined by the retirement system in subparagraph (1). The bill must be accompanied by a statement of the basis of the costs identified in the bill and the supporting calculations. (3) All determinations of additional actuarial costs are subject to recalculation upon the actual retirement of the member and upon any subsequent recalculation of the member's early retirement benefit due to misreporting of member-specific information, error or any direction by the board to recalculate a member's benefit. Any resulting change in additional actuarial costs must be paid or refunded, as appropriate, to the employer. Any administrative costs for recalculation of additional actuarial costs that is caused by actions of the employer must be paid by the employer. [PL 1995, c. 541, §3 (NEW).] B. The reasonable administrative costs that result from the early retirement of a member who has received a retirement incentive must be paid to the retirement system by the employer as provided in this paragraph. (1) Subject to review and approval by the board, the chief executive officer shall establish and may revise from time to time an administrative processing fee to determine the member-specific additional actuarial costs relating to an early retirement incentive for which the employer is liable. The fee must be based on the time required for making such determinations, must be reasonable and may not be set at a level that requires the retirement system's members and employers as a whole to subsidize the cost of a determination. The fee must be paid before the retirement system determines the member-specific additional actuarial costs. (2) The employer must pay any additional actual administrative costs for member-specific information at an hourly administrative cost rate for the retirement system plus the retirement system's actual costs related to actuarial and legal services. Subject to review and approval by the board, the chief executive officer shall establish and may from time to time revise the administrative cost rate. (3) The employer must be billed for any actual administrative costs beyond the processing fee. If the member is already receiving a retirement benefit or preliminary benefit when the employer is billed for administrative costs, the employer must also be charged interest as a cost and must pay interest retroactive to the member's effective date of retirement. The bill must be accompanied by a statement of the basis of the administrative costs. [PL 1995, c. 541, §3 (NEW); PL 2021, c. 548, §45 (REV).] C. For early retirement incentives granted between July 1, 1993 and March 15, 1996, the employer must pay the amount calculated under paragraphs A and B plus interest due to the retirement system in accordance with a payment schedule not to exceed 10 years. For early retirement incentives granted after March 15, 1996, the employer must pay the amount calculated under paragraphs A and B to the retirement system within 30 days of receipt of the bill. [PL 1995, c. 541, §3 (NEW).] D. If the employer or the member disputes the determination that additional actuarial costs must be paid by the employer, the amount of the additional actuarial costs or the amount of actual administrative costs, an appeal may be brought pursuant to section 17451 and Chapter 702 of the board's rules. [PL 1995, c. 541, §3 (NEW).] E. Interest must be charged by the retirement system and must be paid by the employer on all overdue amounts pertaining to the processing fee, additional actuarial costs and administrative costs. In addition, an employer who fails to pay is liable for penalties on a case-by-case basis as recommended by the chief executive officer and approved by the board and shall pay all of the retirement system's costs associated with collection of amounts overdue and enforcement of the provisions of this section. [PL 1995, c. 541, §3 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1995, c. 541, §3 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 1972 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1972
5 §1972. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 388, §14 (NEW).]

1. Board. [PL 2005, c. 12, Pt. SS, §10 (RP).]

2. Chief Information Officer. "Chief Information Officer" means the person who holds the lead information technology position within the executive branch that directs, coordinates and oversees information technology policy making, planning, architecture and standardization. The Chief Information Officer is also responsible for the provision of information technology and enterprise services in data processing and telecommunications throughout State Government. [PL 2005, c. 12, Pt. SS, §10 (AMD).]

3. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2001, c. 388, §14 (NEW).]

4. Computer system. "Computer system" has the same meaning as in Title 17‑A, section 431 . [PL 2001, c. 388, §14 (NEW).]

5. Leadership positions. [PL 2003, c. 176, §1 (RP).]

6. Data processing. "Data processing" means the process that encompasses all computerized and auxiliary automated information handling, including systems analysis and design, conversion of data, computer programming, information storage and retrieval, data and facsimile transmission, requisite system controls, simulation and all related interactions between people and machines. "Data processing" also includes all word or text manipulation processing. [PL 2005, c. 12, Pt. SS, §10 (NEW).]

7. Enterprise. "Enterprise" means collectively all departments and agencies of the executive branch. [PL 2005, c. 12, Pt. SS, §10 (NEW).]

8. Office. "Office" means the Office of Information Technology. [PL 2005, c. 12, Pt. SS, §10 (NEW).]

9. Semiautonomous state agency. "Semiautonomous state agency" means an agency created by an act of the Legislature that is not a part of the Executive Department. This term does not include the Legislature, Judicial Department, Department of the Attorney General, Department of the Secretary of State, Office of the Treasurer of State and Office of the State Auditor. [PL 2005, c. 12, Pt. SS, §10 (NEW); PL 2013, c. 16, §10 (REV).]

10. Telecommunications. "Telecommunications" means, but is not limited to, the process of transmitting and receiving any information, including voice, data and video, by any medium, including wire, microwave, fiberoptics, radio, laser and satellite. [PL 2005, c. 12, Pt. SS, §10 (NEW).]
5 M.R.S. § 8051-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8051-A
5 §8051-A. Appointment of liaison
Status: in_force

The commissioner or director of each state agency shall designate a person to serve as a liaison between the agency and the general public, the Legislature, the Secretary of State and the office of the Attorney General with respect to rulemaking. The liaison shall serve as a representative of the agency with respect to providing information about agency rules. The liaison is responsible for implementing the procedural provisions of this subchapter. The Secretary of State shall maintain a list of all agency liaisons and their contact information on a publicly accessible website. [PL 2007, c. 581, §1 (AMD).]
5 M.R.S. § 194-K — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-K
5 §194-K. Penalties
Status: in_force

1. Attorney General to bring action. The Attorney General may initiate an action in Superior Court to: A. Void a conversion transaction pursuant to subsection 2 . Such an action may be brought in Superior Court in Kennebec County or in the county in which the assets of the public charity to be transferred are located; [PL 2001, c. 550, Pt. A, §2 (NEW).] B. Seek a civil penalty against an individual pursuant to subsection 3 . Such an action must be brought in the Superior Court of Kennebec County or in the county in which the individual resides; and [PL 2001, c. 550, Pt. A, §2 (NEW).] C. Obtain on behalf of the public charity the return or repayment of any property or consideration received as private inurement or an excess benefit in violation of Title 13‑B standards. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Transaction voidable. The Superior Court may void a conversion transaction entered into in violation of applicable provisions of sections 194‑C to 194‑H . If the court voids the transaction, it may also grant any orders necessary to restore the public charity to its former position, including removing the board of the public charity or voiding contracts. [PL 2001, c. 550, Pt. A, §2 (NEW).]

3. Penalties against individuals. An individual officer, director, trustee or manager in a position to exercise substantial influence over the affairs of a public charity is subject to a civil penalty if that person, in violation of the standards established under Title 13‑B for conduct by directors or officers or for avoiding conflicts of interest: A. Receives property or consideration from the public charity that constitutes private inurement; or [PL 2001, c. 550, Pt. A, §2 (NEW).] B. Receives excess benefits that exceed the fair market value of anything provided in return. [PL 2001, c. 550, Pt. A, §2 (NEW).] The civil penalty under this subsection may be an amount up to 100% of the excess benefit or private inurement received and may be recovered in addition to costs and fees incurred by the Attorney General in bringing the action. [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 13071 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13071
5 §13071. Findings
Status: in_force

The Legislature finds that the strength of the State's economy is based on the strength of the local economies of municipalities and their ability to adjust to the dramatic changes in the national and international economies. The Legislature also recognizes the need for the coordination of state, regional and local efforts and resources to produce solid economic growth and development for the State. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]

Economic growth and development is not limited exclusively to the generation of new businesses and business expansions. It requires sufficient housing and infrastructure facilities, planning and availability of an educated and well-trained labor force which are necessary to the prosperity of municipalities. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]

It is necessary to coordinate the development and delivery of community programs. By coordinating and focusing various community development programs, the impact of these programs can be far more effective. The existence of a central community development agency can improve and facilitate communication and assistance between the State and its municipalities. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]

By working together, coordinating resources and developing policies which are mutually consistent and consistent with an overall state strategy, the State and its municipalities can realize their potential and prosperity in the future. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]
5 M.R.S. § 474 — ME Code / Title 5 / Part 1 / Chapter 20 / Section 474
5 §474. Duties of the Margaret Chase Smith Center for Public Policy
Status: in_force

The Margaret Chase Smith Center for Public Policy within the University of Maine System, referred to in this chapter as "the center," shall administer the program. The center's duties include the following. [PL 2007, c. 466, Pt. A, §8 (RPR).]

1. General supervision. The center shall exercise general supervision over the operation of the program and shall develop and put into effect administrative guidelines for interns and county and local government personnel, formulate policies and establish and administer operational procedures. [PL 2005, c. 656, §1 (NEW).]

2. Promotion; recruitment. The center shall disseminate widely information and application forms and otherwise publicize the program to attract the attention and interest of as many college students as possible and shall receive the completed application blanks of those students interested, as well as answering inquiries for further details and information. [PL 2005, c. 656, §1 (NEW).]

3. Participation of county and local governments. The center shall acquaint officials and administrators with the program and its advantages, encouraging the greatest possible participation by county and local government offices. [PL 2005, c. 656, §1 (NEW).]

4. Selection. Applications of interested students received by the center must be processed in accordance with procedures to be established by the center. [PL 2005, c. 656, §1 (NEW).]

5. Placement. The center shall place students with participating county and local government offices. [PL 2005, c. 656, §1 (NEW).]

6. Orientation. The center shall arrange an orientation for interns and supervising county and local personnel prior to commencement of intern work within a county or local government office and may conduct special programs during the internship to ensure that interns obtain a broad understanding of county and local governments. [PL 2005, c. 656, §1 (NEW).]

7. Coordination. The center shall coordinate the activities of the interns with the various participating county and local government offices to the maximum advantage of the program. [PL 2005, c. 656, §1 (NEW).]

8. Annual report. The center shall produce an annual report, which is a public document, by the end of each calendar year on the operation of the program. Copies of the report must be filed with the Legislature. [PL 2005, c. 656, §1 (NEW).]
5 M.R.S. § 13080-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-B
5 §13080-B. Loring Development Authority of Maine; powers; membership; obligations
Status: in_force

1. Powers. The authority is a public municipal corporation and may: A. Sue and be sued; [PL 1993, c. 474, §1 (NEW).] B. Adopt bylaws or regulations consistent with this article for the governance of its affairs; [PL 1993, c. 474, §1 (NEW).] C. Exercise all of the general powers of corporations under Title 13‑C, section 302 ; [RR 2001, c. 2, Pt. B, §3 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).] D. Exercise the power of eminent domain; [PL 1993, c. 474, §1 (NEW).] E. Provide for the public safety by imposing appropriate regulations, regulating appropriate use of the base facilities and enforcing laws and regulations as they apply to the use of the base facilities; [PL 1993, c. 474, §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. Fees, charges and rents collected from properties contained in the public benefit transfer or otherwise generated by the airport must be used to support the development, maintenance and operation of aeronautical facilities and in accordance with Federal Aviation Administration Order 5190.6A; [PL 1993, c. 729, §3 (AMD).] 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, individuals and other persons to carry out the purposes of this article; [PL 2003, c. 598, §2 (AMD).] 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 1993, c. 474, §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 1993, c. 474, §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 or other revenues or property of the authority; [PL 2003, c. 598, §2 (AMD).] K. Enter into loan or security agreements with borrowers or one or more lending institutions, including, but not limited to, banks, insurance companies and pension funds, or trustees for those institutions for the purposes for which bonds may be issued and exercise with respect to those loan or security agreements all of the powers delineated in this article for the issuance of bonds; [PL 2003, c. 598, §2 (AMD).] 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 and in keeping with limitations set forth in paragraph F ; [PL 1993, c. 729, §3 (AMD).] M. Use operating revenues to provide payment of obligations, if any, due to the United States to implement the readjustment or reuse of the facility. Use of operating revenues for this purpose must be in accordance with the provisions of the Surplus Property Act, 50 United States Code App. Section 1622 et seq. and Federal Aviation Administration Order 5190.6A; [PL 1993, c. 729, §3 (AMD).] N. Adopt rules pursuant to the Maine Administrative Procedure Act; and [PL 1993, c. 474, §1 (NEW).] O. Take all other lawful action necessary and incidental to these powers. [PL 1993, c. 474, §1 (NEW).] [PL 2003, c. 598, §2 (AMD).]

2. Membership; appointment. The authority is governed by a board of trustees composed of 13 voting members appointed 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. A. Trustees are appointed for 4-year terms except that, for initial appointments, 3 trustees are appointed to one-year terms, 3 trustees to 2-year terms, 2 trustees to 3-year terms, 4 trustees to 4-year terms and the commissioner designated pursuant to paragraph D serves at the pleasure of the Governor. [PL 1995, c. 166, §1 (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 1993, c. 474, §1 (NEW).] C. The Governor shall make 12 appointments, of which no less than 7 must be from candidates who are residents of Aroostook County and are nominated by the primary impact communities. The Governor shall appoint members who reflect the diversity of interests represented by these communities. At least 4 of the remaining appointments must be from candidates who are not residents of Aroostook County. [PL 1995, c. 166, §1 (AMD).] D. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees. [PL 1993, c. 474, §1 (NEW).] [PL 1995, c. 166, §1 (AMD).]

3. Quorum. Seven members constitute a quorum. Seven affirmative votes are required for the board to take action. [PL 1995, c. 166, §1 (AMD).]

4. Liability. The liability of the authority is governed by the Maine Tort Claims Act, Title 14, chapter 741 . A member of the authority, a member of a board of the authority and an employee of the authority may not be subject to any personal liability for having acted in the service of their duty as board members of the authority within the course and scope of membership or employment to carry out a power or duty under this chapter. The authority shall indemnify a member of the authority, a member of a board of the authority and an employee of the authority against expenses actually and necessarily incurred in connection with the defense of an action or proceeding in which the member or employee is made a party by reason of past or present association with the authority. [PL 1997, c. 71, §1 (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 1993, c. 474, §1 (NEW).]

6. Officers; employees. The trustees shall elect a chair and vice-chair from among their 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. Permanent employees of the authority are eligible to elect to participate in the Maine Public Employees Retirement System, any state-deferred compensation plan or any other plan or program adopted by the trustees to the extent the trustees may determine. For required legal services, the authority may employ or retain its own counsel and legal staff. [PL 1995, c. 495, §2 (AMD); PL 2007, c. 58, §3 (REV).]

7. Term limits. A person may not serve more than 2 consecutive 4-year terms as a trustee. [PL 1995, c. 644, §1 (NEW); PL 1995, c. 644, §3 (AFF).]
5 M.R.S. § 8002 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8002
5 §8002. Definitions
Status: in_force

As used in this Act, unless the context otherwise indicates, the following words and phrases shall have the following meanings. [PL 1977, c. 694, §29-B (AMD).]

1. Adjudicatory proceeding. "Adjudicatory proceeding" means any proceeding before an agency in which the legal rights, duties or privileges of specific persons are required by constitutional law or statute to be determined after an opportunity for hearing. [PL 1977, c. 551, §3 (NEW).]

1-A. Adopt. "Adopt" means action certified by the dated signature of an authorized representative that a rule is accepted as official by an agency. [PL 1993, c. 362, §1 (NEW).]

2. Agency. "Agency" means any body of State Government authorized by law to adopt rules, to issue licenses or to take final action in adjudicatory proceedings, including, but not limited to, every authority, board, bureau, commission, department or officer of the State Government so authorized; but the term does not include the Legislature, Governor, courts, University of Maine System, Maine Maritime Academy, community colleges, the Commissioner of Education for schools of the unorganized territory, school administrative units, community action agencies as defined in Title 22, section 5321 , special purpose districts or municipalities, counties or other political subdivisions of the State. [PL 1995, c. 246, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

3. Agency member. "Agency member" means an individual appointed or elected to the agency who is charged by statute with that agency's decision-making functions. It does not include counsel to the agency or agency staff. [PL 1977, c. 551, §3 (NEW).]

3-A. Effective date. "Effective date" means the date a rule goes into effect. If a date is not assigned by the agency, the effective date is assigned by the Secretary of State in accordance with section 8052, subsection 6 . Unless otherwise stated in law, emergency rules filed in accordance with section 8054 are effective at the time they are filed with the Secretary of State. [PL 1993, c. 362, §1 (NEW).]

3-B. Authorized representative. "Authorized representative" means the chair of a board or commission, an individual in a major policy-influencing position as defined by chapter 71 , or the chief executive officer of an agency, within the agency adopting a rule. [PL 1995, c. 373, §2 (NEW).]

3-C. Consensus-based rule development process. "Consensus-based rule development process" means a collaborative process when a draft rule is developed by an agency and a representative group of participants with an interest in the subject of the rulemaking. [PL 1999, c. 307, §1 (NEW).]

4. Final agency action. "Final agency action" means a decision by an agency which affects the legal rights, duties or privileges of specific persons, which is dispositive of all issues, legal and factual, and for which no further recourse, appeal or review is provided within the agency. [PL 1977, c. 551, §3 (NEW).]

5. License. "License" includes the whole or any part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law which represents an exercise of the state's regulatory or police powers. [PL 1977, c. 551, §3 (NEW).]

6. Licensing. "Licensing" means the administrative process resulting in the grant, denial, renewal, revocation, suspension or modification of a license. [PL 1977, c. 551, §3 (NEW).]

7. Party. "Party" means: A. The specific person whose legal rights, duties or privileges are being determined in the proceeding; [PL 1977, c. 551, §3 (NEW).] B. Any person participating in the adjudicatory proceeding pursuant to section 9054, subsection 1 or 2 ; and [PL 1977, c. 696, §47 (AMD).] C. Any agency bringing a complaint to District Court under section 10051 . [PL 1999, c. 547, Pt. B, §16 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] [PL 1999, c. 547, Pt. B, §16 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

8. Person. "Person" means any individual, partnership, corporation, governmental entity, association or public or private organization of any character, other than the agency conducting the proceeding. [PL 1977, c. 551, §3 (NEW).]

8-A. Proposed rule. "Proposed rule" or "proposed agency rule" means a rule that an agency has formally proposed for adoption through submission of the rule to the Secretary of State for publication pursuant to section 8053, subsection 5 . [PL 1997, c. 110, §1 (NEW).]

9. Rule. "Rule" is defined as follows. A. "Rule" means the whole or any part of every regulation, standard, code, statement of policy, or other agency guideline or statement of general applicability, including the amendment, suspension or repeal of any prior rule, that is or is intended to be judicially enforceable and implements, interprets or makes specific the law administered by the agency, or describes the procedures or practices of the agency. [PL 2011, c. 304, Pt. G, §1 (AMD).] B. The term does not include: (1) Policies or memoranda concerning only the internal management of an agency or the State Government and not judicially enforceable; (2) Advisory rulings issued under subchapter 3 ; (3) Decisions issued in adjudicatory proceedings; or (4) Any form, instruction or explanatory statement of policy that in itself is not judicially enforceable, and that is intended solely as advice to assist persons in determining, exercising or complying with their legal rights, duties or privileges. [PL 2011, c. 304, Pt. G, §1 (AMD).] A rule is not judicially enforceable unless it is adopted in a manner consistent with this chapter. [PL 2011, c. 304, Pt. G, §1 (AMD).]
5 M.R.S. § 884 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 884
5 §884. Advisory Council on Tax-deferred Arrangements
Status: in_force

The Advisory Council on Tax-deferred Arrangements, established by section 12004-I, subsection 25 , shall meet at least once a year, review the operations of the arrangements program and advise the Department of Administrative and Financial Services on matters of policy relating to the activities under the arrangements program. Members of the advisory council are entitled to compensation as provided in chapter 379 . All appointed members serve at the pleasure of the appointing authority. The advisory council consists of 12 members as follows. [PL 2007, c. 298, §1 (AMD).]

1. Ex officio members; chair. The ex officio members of the Advisory Council on Tax-deferred Arrangements are: the Commissioner of Administrative and Financial Services, or the commissioner's designee; the Superintendent of Insurance, or the superintendent's designee; and the Superintendent of Financial Institutions, or the superintendent's designee. The Commissioner of Administrative and Financial Services, or a designee, is the chair of the advisory council. [PL 1997, c. 204, §5 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

2. Retirement system representative. [PL 1997, c. 204, §5 (RP).]

3. Employee representatives. The employee representatives of the advisory council are 9 employees appointed by the Governor as follows: A. [PL 2007, c. 298, §2 (RP).] B. [PL 2007, c. 298, §2 (RP).] C. [PL 2007, c. 298, §2 (RP).] D. Seven classified state employees, one from each bargaining unit recognized pursuant to Title 26, chapter 9-B in the executive branch, recommended to the Governor by the employee organizations certified to represent the units; [PL 2007, c. 298, §2 (NEW).] E. One employee from the largest bargaining unit recognized pursuant to Title 26, chapter 9-B in the legislative branch, recommended to the Governor by the employee organization certified to represent the unit; and [PL 2007, c. 298, §2 (NEW).] F. One employee from the largest bargaining unit recognized pursuant to Title 26, chapter 14 in the judicial branch, recommended to the Governor by the employee organization certified to represent the unit. [PL 2007, c. 298, §2 (NEW).] Employee representatives are appointed for terms of 3 years. [PL 2007, c. 298, §2 (AMD).]

4. Voting. All votes of the council must be one vote cast by labor and one vote cast by management. The labor vote must be cast by the labor cochair, who must be chosen by the labor members, and must represent the majority opinion of the labor members of the council. The management vote must be cast by the management cochair, who is the Commissioner of Administrative and Financial Services or the commissioner's designee. [PL 1997, c. 204, §5 (NEW).]
5 M.R.S. § 1502 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1502
5 §1502. Federal funds
Status: in_force

The Governor and every state officer and department head who is entrusted with the expenditure of federal funds in this State shall file in the office of the State Controller a detailed report of all disbursements, including the purposes for which such disbursements were made and the persons to whom any money was paid, supported by proper vouchers. The report must be filed within 30 days after the entire fund has been disbursed. [RR 2023, c. 2, Pt. B, §47 (COR).]

A state officer excepting the Governor, whether elected or appointed, and a department head who fails or neglects to file the report as provided is subject to removal from office by authority of the Governor, and if the Governor fails or neglects to file the report, the Governor is subject to impeachment in the manner provided in the Constitution of Maine, Article IX, Section 5. [RR 2023, c. 2, Pt. B, §47 (COR).]
5 M.R.S. § 17851-C — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17851-C
5 §17851-C. Special plan for civilian employees in Department of Public Safety, Maine State Police Crime Laboratory or computer crimes unit
Status: in_force

1. Establishment and applicability. Effective August 1, 2024, there is established a special retirement plan for civilian employees in the Department of Public Safety, Maine State Police Crime Laboratory or computer crimes unit, referred to in this section as "the special plan." The special plan applies to civilian employees whose job responsibilities include the handling, examination or analysis of digital or physical evidence in the employment of the Department of Public Safety, Maine State Police Crime Laboratory or computer crimes unit. [PL 2023, c. 412, Pt. IIII, §2 (NEW).]

2. Qualification for benefits. A member employed in any of the positions described in subsection 1 qualifies for a service retirement benefit after completing 25 years of creditable service in that capacity, whether or not the creditable service included in determining that the 25-year requirement has been met was earned under the special plan established in this section or prior to its establishment. [PL 2023, c. 412, Pt. IIII, §2 (NEW).]

3. Purchase of service credit to be used for qualification for benefits. This subsection governs the use of purchased service credit in order to qualify for benefits under this section. For the purpose of meeting the qualification requirement of subsection 2 : A. Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included if the time to which the refund relates was served in any one or a combination of the positions described in subsection 1 , regardless of whether the time was served before or after the establishment of the special plan; [PL 2023, c. 412, Pt. IIII, §2 (NEW).] B. Service credit purchased under section 17760 is considered service under the special plan; and [PL 2023, c. 412, Pt. IIII, §2 (NEW).] C. Service credit purchased other than as provided under paragraphs A and B is not included. [PL 2023, c. 412, Pt. IIII, §2 (NEW).] [PL 2023, c. 412, Pt. IIII, §2 (NEW).]

4. Computation of benefits. The amount of the service retirement benefit for members qualified under subsection 2 is 1/2 of the member's average final compensation and an additional 2% of the member's average final compensation for each year of membership service not included in determining qualification under subsection 2 . [PL 2023, c. 412, Pt. IIII, §2 (NEW).]

5. Contributions. Notwithstanding any provision of subchapter 3 to the contrary, after July 31, 2024, a member in a position described in subsection 1 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65% of earnable compensation until the member has completed 25 years of creditable service as provided in this section and at the rate of 7.65% thereafter. [PL 2023, c. 412, Pt. IIII, §2 (NEW).]
5 M.R.S. § 18006 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18006
5 §18006. Termination of benefits
Status: in_force

The benefits under this article shall be paid to: [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Surviving spouse. The surviving spouse until the surviving spouse dies; and [RR 2023, c. 2, Pt. B, §129 (COR).]

2. Dependent children. The dependent child or dependent children until they die or until they no longer meet the definition of "dependent child" under section 17001, subsection 12 . [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17105-A — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17105-A
5 §17105-A. Adverse decisions of the retirement system
Status: in_force

Prior to any adverse decision rendered by retirement system staff with respect to the recoupment, suspension or termination of benefits, or assessment of penalties or interest, the affected member or retiree is entitled to an informal hearing to which the member or retiree may bring legal counsel. The retirement system shall issue a written decision; this decision is subject to the retirement system’s review and appeal process pursuant to section 17451 . [PL 2009, c. 322, §5 (NEW).]
5 M.R.S. § 1762-A — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1762-A
5 §1762-A. Water conservation in state facilities
Status: in_force

After January 1, 1992, unless otherwise required by law, or for reasons of health or safety, the Bureau of General Services and the following departments and agencies may not purchase or install any faucet, shower head, toilet or urinal that is not a low-flow faucet, a low-flow shower head, a water-saving toilet or a water-saving urinal: [PL 2011, c. 691, Pt. B, §15 (AMD).]

1. Office of Procurement Services. The Office of Procurement Services under chapter 155 ; [PL 2023, c. 516, Pt. B, §6 (AMD).]

2. University of Maine System. The University of Maine System under Title 20‑A, chapter 411 ; [PL 1991, c. 246, §1 (NEW).]

3. Maine Community College System. The Maine Community College System under Title 20‑A, chapter 431 ; and [PL 1991, c. 246, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

4. Maine State Housing Authority. The Maine State Housing Authority under Title 30‑A, chapter 201 . [PL 1991, c. 246, §1 (NEW).]

By January 1, 1992, the Bureau of General Services shall adopt rules defining a "low-flow faucet," a "low-flow shower head," a "water-saving toilet" and a "water-saving urinal" that minimize water use to the maximum extent economically and technologically feasible. [PL 2011, c. 691, Pt. B, §15 (AMD).]
5 M.R.S. § 208 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 208
5 §208. Exceptions
Status: in_force

Nothing in this chapter shall apply to: [PL 1969, c. 577, §1 (NEW).]

1. Regulatory boards. Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This exception applies only if the defendant shows that: A. Its business activities are subject to regulation by a state or federal agency; and [PL 2007, c. 222, §1 (NEW).] B. The specific activity that would otherwise constitute a violation of this chapter is authorized, permitted or required by a state or federal agency or by applicable law, rule or regulation or other regulatory approval. [PL 2007, c. 222, §1 (NEW).] [PL 2007, c. 222, §1 (AMD).]

2. Interstate commerce. [PL 1981, c. 569 (RP).]

3. Complaints. [PL 1973, c. 323, §2 (RP).]
5 M.R.S. § 13119 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13119
5 §13119. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 368 (NEW).]

1. Local development corporation. "Local development corporation" means any nonprofit corporation organized by a city or town under Title 13, chapter 81 or Title 13‑B . [PL 1991, c. 368 (NEW).]

2. Municipality. "Municipality" means any city, town or local development corporation and any board, commission, agency or authority of any such city, town or local development corporation. [PL 1991, c. 368 (NEW).]

3. Person. "Person" means an individual, corporation, partnership, firm, organization or other legal entity. [PL 1991, c. 368 (NEW).]

4. Program of assistance. "Program of assistance" means any financial or technical assistance program established or authorized by the department or a municipality and providing assistance to persons for the improvement and development of housing, community and economic development opportunities. [PL 1991, c. 368 (NEW).]
5 M.R.S. § 17763 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17763
5 §17763. Teachers in private, parochial and other schools
Status: in_force

1. Parochial school or public or private academy. A member who taught in a parochial school or in a public or private academy may purchase up to 10 years of service credit for that service under the following conditions. A. The member must have taught in a school approved by the Department of Education or the education department of another state while holding an appropriate teaching certificate. [PL 1991, c. 558, §1 (AMD).] B. The member must have 20 years of creditable service as a state employee or teacher in this State. [PL 1991, c. 558, §1 (AMD).] C. The member must, before any retirement benefit becomes effective for that member, make contributions into the Members' Contribution Fund, for the years of private or parochial school teaching on the same basis as the member would have made contributions had the service been as a state employee or teacher in this State, including interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points. The member's earnings for the years of private or parochial school teaching must be assumed to have been the same as the average salary for teachers in this State as determined by the Department of Education for each of the years when the private or parochial school teaching took place. Interest must be computed beginning at the end of the year when those contributions would have been made, if the service had been as a state employee or teacher in this State, to the date of payment. Payment must be made by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program in accordance with section 17701, subsection 4 . [PL 2007, c. 491, §138 (AMD).] D. The member must have begun membership before January 1, 1976. [PL 1991, c. 558, §1 (NEW).] E. The member's last 10 years of creditable service before the date of retirement must be as a state employee or teacher in this State. [PL 1991, c. 558, §1 (NEW).] F. Upon complete payment of the contributions under paragraph C , the member must be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the contributions under paragraph C , the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 1991, c. 558, §1 (NEW).] [PL 2007, c. 491, §138 (AMD).]

2. Other schools and programs. [PL 1993, c. 349, §19 (RP).]

3. Applicability. [PL 1987, c. 148 (RP).]

4. Alternative. In the determination of the retirement benefit under this Part, if service credit for private or parochial school teaching is not allowed under subsection 1 based upon the member's not meeting the requirements of subsection 1, paragraph B or D , additional service credit for private or parochial school teaching is allowed for any member who meets the requirements of subsection 1, paragraphs A and E , if the member, before any retirement benefit becomes effective for that member, pays into the Members' Contribution Fund, by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program, an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. Annual payments must be made in accordance with section 17701, subsection 4 . A. Additional amounts paid under this subsection become a part of the members' accumulated contributions. [PL 1993, c. 387, Pt. A, §10 (NEW).] B. If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 1993, c. 387, Pt. A, §10 (NEW).] [PL 2007, c. 491, §139 (AMD).]
5 M.R.S. § 3360-N — ME Code / Title 5 / Part 9 / Chapter 316-B / Section 3360-N
5 §3360-N. Sexual Assault Forensic Examiner Advisory Board established; membership
Status: in_force

1. Establishment and membership. The Sexual Assault Forensic Examiner Advisory Board, referred to in this chapter as the "board," established under section 12004‑J, subsection 13 , is established within the Department of Health and Human Services. The board consists of 15 members appointed by the Commissioner of Health and Human Services. Members must include the following: A. One physician licensed to practice medicine in the State; [PL 2001, c. 439, Pt. Z, §1 (NEW).] B. One member representing a school of nursing; [PL 2021, c. 118, §1 (AMD).] C. Two sexual assault nurse examiners; [PL 2021, c. 118, §1 (AMD).] D. One representative from a sexual assault support center; [PL 2021, c. 118, §1 (AMD).] E. One member from a statewide coalition against sexual assault; [PL 2001, c. 439, Pt. Z, §1 (NEW).] F. One survivor of sexual assault; [PL 2001, c. 439, Pt. Z, §1 (NEW).] G. One attorney from the Department of the Attorney General, designated by the Attorney General; [PL 2015, c. 267, Pt. GG, §2 (AMD).] H. One employee of the Maine State Police Crime Laboratory; [PL 2001, c. 439, Pt. Z, §1 (NEW).] I. One member from a statewide association of prosecutors; [PL 2001, c. 439, Pt. Z, §1 (NEW).] J. One member from a statewide association of hospitals; [PL 2001, c. 439, Pt. Z, §1 (NEW).] K. One member who is a forensic pediatric health care provider; [PL 2021, c. 118, §1 (AMD).] K-1. One representative of law enforcement; and [PL 2021, c. 118, §1 (NEW).] L. Two public members. [PL 2001, c. 439, Pt. Z, §1 (NEW).] [PL 2021, c. 118, §1 (AMD).]

2. Terms of appointment. The term of each member of the board is 3 years. When a vacancy occurs prior to the expiration of a term, the appointment to fill that vacancy is for the balance of the unexpired term. [PL 2015, c. 267, Pt. GG, §2 (AMD).]

3. Chair. The Commissioner of Health and Human Services shall appoint a member to act as the chair of the board. [PL 2015, c. 267, Pt. GG, §2 (AMD).]

4. Meetings. The board may not meet more than once a month. [PL 2001, c. 439, Pt. Z, §1 (NEW).]

5. Quorum. Five members of the board constitute a quorum. [PL 2001, c. 439, Pt. Z, §1 (NEW).]
5 M.R.S. § 4681 — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4681
5 §4681. Violations of constitutional rights; civil action by Attorney General
Status: in_force

1. Interference with rights; action by Attorney General. The Attorney General may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured by the United States Constitution or the laws of the United States or of the rights secured by the Constitution of Maine or the laws of the State whenever any person, whether or not acting under color of law: A. Violates section 4684‑B ; or [PL 2023, c. 287, §1 (NEW).] B. Intentionally interferes or attempts to intentionally interfere with the exercise or enjoyment by any other person of those secured rights by: (1) Physical force or violence against a person; (2) Damage or destruction of property or trespass on property; (3) Threatening physical force or violence against a person; (4) Threatening damage or destruction of property or trespass on property; or (5) Engaging in any conduct that would cause a reasonable person to suffer emotional distress or to fear death or bodily injury to that person or to a close relation. For purposes of this subparagraph, "close relation" and "emotional distress" have the same meanings as in Title 17‑A, section 210‑A, subsection 2, paragraph B and paragraph D , respectively. [PL 2023, c. 287, §1 (NEW).] [PL 2023, c. 287, §1 (AMD).]

2. Place and name of action. A civil action under subsection 1 must be brought in the name of the State and instituted in the Superior Court for the county where the alleged violator resides or has a principal place of business or where the alleged violation occurred. [PL 2001, c. 50, §1 (NEW).]

3. Jury trial. There is a right to a jury at the trial of an action on the merits under this section, but there is no right to a jury at the hearing of an application for a preliminary injunction or a temporary restraining order. [PL 2001, c. 50, §1 (NEW).]

4. Civil penalty for violation. Each violation of this section is a civil violation for which a civil penalty of not more than $5,000 for each defendant may be adjudged. These penalties must be applied by the Attorney General in carrying out this chapter. [PL 2001, c. 50, §1 (NEW).]

5. Service of order or injunction. Each temporary restraining order or preliminary or permanent injunction issued under this section must include a statement describing the penalties provided in this section for a knowing violation of the order or injunction. The clerk of the Superior Court shall transmit one certified copy of each order or injunction issued under this section to the appropriate law enforcement agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action, and service of the order or injunction must be accomplished pursuant to the Maine Rules of Civil Procedure. Unless otherwise ordered by the court, service must be made by the delivery of a copy in hand to the defendant. [PL 2001, c. 50, §1 (NEW).]

6. Violation of restraining order or injunction. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this section commits a Class D crime. [PL 2001, c. 50, §1 (NEW).]
5 M.R.S. § 17859 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17859
5 §17859. Retiring and returning to work
Status: in_force

1. Restoration to service. Any state employee or teacher who has reached normal retirement age may be restored to service. The decision to hire a retired state employee or retired teacher under this section is at the discretion of the appointing authority. The retired state employee or retired teacher shall terminate employment in accordance with state and federal laws and rules, may not return to employment after retirement with the same employer for at least 30 calendar days after the termination of employment and may not return to employment before the effective date of the person's retirement. [PL 2025, c. 221, §24 (AMD).]

1-A. Restoration to work as classroom-based employees or administrators. Any retired state employee, retired teacher or retired school administrator may be restored to service as a classroom-based employee or school administrator in a school in the unorganized territory or with a school administrative unit as defined in Title 20‑A, section 1, subsection 26 : A. In one-year contracts, which may be nonconsecutive. [PL 2019, c. 436, §1 (AMD).] B. [PL 2019, c. 436, §1 (RP).] C. [PL 2019, c. 436, §1 (RP).] The retired classroom-based employee shall terminate employment in accordance with state and federal laws and rules, may not return to employment after retirement with the same employer for at least 30 calendar days after the termination of employment and may not return to employment before the effective date of the person's retirement. For purposes of this section, "classroom-based employee" means a teacher whose principal function is to introduce new learning to students in the classroom or to provide support in the classroom during the introduction of new learning to students. [PL 2025, c. 221, §25 (AMD).]

2. Compensation and benefits. [PL 2019, c. 436, §1 (RP).]

2-A. Compensation. The compensation rate of the retired state employee, retired teacher or retired school administrator returning to service under subsection 1 or 1‑A is the same as is required for the position as if the position were filled by an employee who is not a retired state employee, retired teacher or retired school administrator. The compensation rate is determined on the basis of the position under any applicable collective bargaining agreement or determined through normal salary negotiations when the position is not part of a collective bargaining unit. [PL 2019, c. 436, §1 (NEW).]

2-B. Benefits. The benefits of the retired state employee, retired teacher or retired school administrator who returns to service after retirement as set out in subsection 1 or 1‑A are governed by this subsection. A. During the period of reemployment, a retired teacher or retired school administrator continues to receive any retirement benefits that the teacher or administrator is entitled to under Title 20‑A, section 13451 . [PL 2019, c. 436, §1 (NEW).] B. During the period of reemployment, a retired state employee continues to receive any retirement benefits that the employee is entitled to under sections 285 and 18055 . [PL 2019, c. 436, §1 (NEW).] C. During the period of reemployment, a retired state employee, retired teacher or retired school administrator who is not receiving any retirement benefits as described in paragraphs A and B is eligible for such benefits as per the local collective bargaining agreement or established through normal negotiations if the position is not part of a collective bargaining unit. [PL 2019, c. 436, §1 (NEW).] D. During the period of reemployment, a retiree as described in paragraphs A and B may receive additional compensation toward such benefits in an amount not to exceed that of the local collective bargaining agreement if applicable. [PL 2019, c. 436, §1 (NEW).] [PL 2019, c. 436, §1 (NEW).]

3. Contributions to the Maine Public Employees Retirement System and state group health plan. [PL 2019, c. 436, §1 (RP).]

3-A. Contributions to the Maine Public Employees Retirement System. For a reemployed retired state employee, retired teacher or retired school administrator, the portion of the employer contribution that goes to pay the retirement system for the unfunded liability must be continued at the same contribution rate of the employer as described in section 17253 as is required for the position as if the position were filled by an employee who is not a retired state employee, retired teacher or retired school administrator. A retired state employee, retired teacher or retired school administrator who returns to service under this section is not a member and therefore may not accrue additional creditable service during the reemployment period or change the retired state employee's, retired teacher's or retired school administrator's earnable compensation for benefit calculation purposes. [PL 2019, c. 436, §1 (NEW).]

3-B. Contributions to the state group health plan. For a reemployed retired state employee, retired teacher or retired school administrator, the portion of the employer and employee contribution that goes to pay the state group health plan for health care must be continued at the same contribution rate of the employer and employee as is required for the position as if the position were filled by an employee who is not a retired state employee, retired teacher or retired school administrator. [PL 2019, c. 436, §1 (NEW).]

4. Notification requirements. Employers under this section are required to identify and report to the retirement system, in the manner specified by the retirement system, each individual who is a retiree who becomes an employee of the employer under an option provided in this section. Departments shall also report each retiree who becomes an employee to the Bureau of the Budget in a manner specified by the bureau. The employer shall report each such employee whenever and so long as the employee is the employer's employee. [PL 2019, c. 436, §1 (AMD).]

5. Exclusion. [PL 2019, c. 436, §1 (RP).]
5 M.R.S. § 17757 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17757
5 §17757. Former members
Status: in_force

Upon complete payment of the back contributions under section 17703 , the member shall be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 17703 , the member shall be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 1989, c. 95, §7 (NEW).]

1. Service credit reinstated. [PL 1989, c. 95, §7 (RP).]

2. Retirement benefit effective before completion of repayment. [PL 1989, c. 95, §7 (RP).]
5 M.R.S. § 1770 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1770
5 §1770. Energy savings pilot program
Status: in_force

1. Goal. The Legislature finds it is in the best interests of the State to significantly reduce its energy consumption to the extent possible without interfering with other goals, plans and policies of the State. The energy reduction goal, referred to in this section as the "goal," for facilities owned by the State is, by 2010, a 25% reduction in energy consumption relative to baseline consumption in 1998, as long as the achievement of the goal is accomplished in a manner that: A. Is consistent with all applicable laws; and [PL 1999, c. 735, §1 (NEW).] B. Does not interfere with other goals, plans or policies of the State. [PL 1999, c. 735, §1 (NEW).] For purposes of this subsection, "facilities owned by the State" includes all facilities that consume energy and that are owned by the legislative, judicial or executive branches of government, any state department, agency or authority, the University of Maine System or the Maine Community College System. [PL 1999, c. 735, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Administrative and Financial Services. [PL 1999, c. 735, §1 (NEW).] B. "Energy service company" means a company with the technical, operational, financial and managerial capabilities to implement performance-based contracts that result in energy and operational cost savings including the capability: (1) To design, implement and install energy efficiency and facility improvement measures; (2) To secure necessary financial measures to support energy savings guarantees; and (3) To ensure energy and operational cost savings. [PL 1999, c. 735, §1 (NEW).] C. "Performance-based contract" means a contract with an energy service company for evaluation, recommendation or implementation of one or more energy-saving measures. A performance-based contract may be structured as: (1) A guaranteed energy savings performance contract that includes the design and installation of equipment and, if applicable, operation and maintenance of any of the energy-saving measures implemented and that guarantees annual savings that meet or exceed the total annual contract payments made by the State under the contract; (2) A shared savings contract that includes provisions mutually agreed upon by the State and the energy service company as to the negotiated rate of payments based upon energy and operational cost savings and a stipulated maximum energy consumption level over the life of the contract; or (3) Any other form of performance-based contract established by the department by rule. [PL 1999, c. 735, §1 (NEW).] [PL 1999, c. 735, §1 (NEW).]

3. Pilot project. The department shall develop an energy savings pilot project, referred to in this section as the "pilot project," designed to achieve by 2010 a 25% reduction in energy consumption relative to baseline consumption in 1998 by facilities included in the pilot project. The department shall use performance-based contracts to achieve the energy savings. By September 1, 2000, the department shall: A. Identify at least 10 facilities that are over 40,000 square feet for inclusion in the pilot project. The 10 facilities may include facilities that through modifications or renovations could achieve reduced energy consumption and facilities that could be replaced by new facilities that will consume less energy; and [PL 1999, c. 735, §1 (NEW).] B. Establish a process for soliciting proposals from energy service companies and for selecting energy service providers. The process must include a requirement that an energy service provider who submits a proposal to undertake a project provide a feasibility analysis for that project. The process may also include a requirement that an energy service company initially selected to undertake a project provide, prior to contracting, a financial-grade energy audit. [PL 1999, c. 735, §1 (NEW).] [PL 1999, c. 735, §1 (NEW).]

4. Plan development and implementation. The department shall use available data, including data collected from life-cycle cost evaluations undertaken pursuant to this chapter, and shall consult with agencies with relevant expertise to develop the pilot project and to choose facilities for inclusion in the pilot project. [PL 1999, c. 735, §1 (NEW).]

5. Reporting. The department shall report annually to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by the first business day in February on: A. The status of plans or efforts to achieve the goal and the extent of projected or actual energy savings relative to the goal; and [PL 1999, c. 735, §1 (NEW).] B. The status of the pilot project, including projected and actual energy savings for each facility included in the pilot project and the number and a description of the energy service companies that responded to the request for proposals and descriptions of all contracts entered into pursuant to the pilot project. [PL 1999, c. 735, §1 (NEW).] [PL 1999, c. 735, §1 (NEW).]

6. Rules. The department may establish by rule procedures and policies that facilitate the implementation of the pilot project, including, but not limited to, a process for prequalifying energy service companies and procedures that encourage a comprehensive approach to the achievement of energy savings. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . The department shall submit to the Legislature provisionally adopted rules no later than the first business day in February 2001. [PL 1999, c. 735, §1 (NEW).]
5 M.R.S. § 17653 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17653
5 §17653. Denial of membership rights (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See PL 1991, c. 619, §18)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The board may, in its discretion, deny the right to become a member to: [PL 1985, c. 801, §§5, 7 (NEW).]

1. Compensation partly paid by State. Any class of employees, except teachers, whose compensation is only partly paid by the State; or [PL 1985, c. 801, §§5, 7 (NEW).]

2. Other than per annum payment. Any class of employees who are serving on a temporary basis or whose compensation is set on any basis other than a per annum basis. [PL 1985, c. 801, §§5, 7 (NEW).](CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Board of trustees. The board may deny membership to any class of employees whose compensation is set on any basis other than a per annum basis and that is not required by 26 CFR Part 31 to be covered by a public employee retirement system or the United States Social Security System. [PL 1991, c. 619, §6 (RPR); PL 1991, c. 619, §18 (AFF).]

2. Maine Community College System. The Maine Community College System may deny membership to adjunct faculty members and part-time, seasonal or temporary employees. [PL 1991, c. 619, §6 (RPR); PL 1991, c. 619, §18 (AFF); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
5 M.R.S. § 1825-F — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-F
5 §1825-F. Final agency action
Status: in_force

Decisions made by an appeal committee under section 1825‑E, subsection 3 constitute final agency action on the petitioner's appeal for the purposes of judicial review under chapter 375, subchapter 7 . The Chief Procurement Officer shall notify a petitioner of a final agency action made under this subchapter in writing within 7 days of the final agency action. Notification of final agency action must include: [PL 2023, c. 516, Pt. B, §26 (AMD).]

1. Complaint. A brief summary of the nature of the petitioner's appeal; [PL 1989, c. 785, §2 (NEW).]

2. Decision. Notification of the decision of the appeal committee; [PL 1989, c. 785, §2 (NEW).]

3. Reasons. An explanation of the reasons for the decision; and [PL 1989, c. 785, §2 (NEW).]

4. Right to judicial review. An explanation of the petitioner's right to judicial review of final agency action. [PL 1989, c. 785, §2 (NEW).]
5 M.R.S. § 935 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 935
5 §935. Department of Agriculture, Conservation and Forestry
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Agriculture, Conservation and Forestry. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. [PL 1995, c. 502, Pt. E, §2 (RP).] A-1. [PL 2005, c. 519, Pt. Y, §1 (RP).] B. [PL 2013, c. 405, Pt. A, §6 (RP).] C. Director, Bureau of Forestry; [PL 2013, c. 405, Pt. A, §6 (AMD).] D. [PL 2013, c. 588, Pt. A, §4 (RP).] E. Executive Director, Maine Land Use Planning Commission; [PL 1983, c. 729, §4 (NEW); PL 2011, c. 682, §38 (REV).] F. Director, Bureau of Parks and Lands; [PL 2013, c. 405, Pt. A, §6 (AMD).] G. [PL 2013, c. 405, Pt. A, §6 (RP).] H. [PL 2007, c. 240, Pt. I, §1 (RP).] I. Assistant to the Commissioner for Public Information; [PL 1987, c. 349, Pt. H, §2 (AMD).] J. Assistant to the Commissioner; and [PL 1987, c. 349, Pt. H, §2 (AMD).] K. State Supervisor, Forest Fire Operations. [PL 1987, c. 349, Pt. H, §3 (NEW).] [PL 2013, c. 588, Pt. A, §4 (AMD).]
5 M.R.S. § 200-L — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-L
5 §200-L. Attorney General procedures and programs to eliminate profiling (REALLOCATED FROM TITLE 5, SECTION 200-K)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 200-K)

1. Complaints. The Attorney General shall implement procedures for receiving, investigating and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies. [PL 2019, c. 410, §1 (NEW); RR 2019, c. 1, Pt. A, §4 (RAL).]

2. Rules. In consultation with interested parties, including law enforcement agencies and community, professional, research, civil liberties and civil rights organizations, the Attorney General may adopt rules for the operation of administrative complaint procedures and independent audit programs to ensure that programs and procedures provide an appropriate response to allegations of profiling by law enforcement officers or law enforcement agencies. Rules may contain guidelines and ensure the fairness, effectiveness and independence of the administrative complaint procedures and independent auditor programs. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2019, c. 410, §1 (NEW); RR 2019, c. 1, Pt. A, §4 (RAL).]
5 M.R.S. § 19506 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19506
5 §19506. Agency access to records, facilities, persons with disabilities and reports
Status: in_force

For the purposes of this chapter, agency personnel in the performance of duties pursuant to section 19505 must be granted access to records, facilities, persons with disabilities and reports as follows. [PL 1989, c. 837, §1 (NEW).]

1. Records. Agency personnel must be granted access to all records, reports and supporting information, other than records, reports and supporting information created in the course of an ongoing criminal investigation by the Attorney General, a district attorney's office or a law enforcement agency or records, reports and supporting information designated as confidential by Title 16, section 804 , that: A. Pertain to a person who is a client of the agency, if the person or the person's legal guardian or other legal representative has authorized the agency to have that access; [PL 1989, c. 837, §1 (NEW).] B. [PL 2001, c. 357, §13 (RP).] C. Describe incidents of abuse, exploitation, neglect or injury, and the steps taken to investigate those incidents, prepared by any staff person of any facility serving persons with disabilities or by any agency charged with investigating allegations of abuse, exploitation, neglect and injury occurring at facilities that serve persons with disabilities; or [PL 2001, c. 357, §13 (AMD).] D. Pertain to an individual who is or was a person with a disability and who is the subject of a complaint received by the agency or who, as a result of monitoring or other activities resulting from a complaint or other evidence, the agency has probable cause to believe has been or is being abused, exploited or neglected and who: (1) By reason of a mental or physical condition is unable to authorize the agency to have access and is either under public guardianship or without a legal guardian or other representative who may authorize the agency to have access; (2) Has a legal guardian, conservator or other legal representative who has been contacted by the agency upon receipt of the name and address of the guardian, conservator or representative, and the agency has offered assistance to that person to resolve the situation, and that person has failed or refused to act on behalf of the individual; or (3) Is deceased or whose whereabouts are unknown. [PL 2001, c. 357, §13 (NEW).] Agency personnel must be given access to the records of a person with a disability and other records relevant to conducting an investigation within 3 business days of the agency making a written request. When the agency determines there is probable cause to believe that the health or safety of the person is in serious or immediate jeopardy or in event of the death of a person with a disability, the agency must be given access to records within 24 hours of the agency making a written request. [PL 2013, c. 267, Pt. B, §2 (AMD).]

2. Persons with disabilities. Any department, agency, board, commission or office of the State or of any subdivision of the State, and any private agency or individual licensed or funded by the Federal Government or the State or any subdivision of the State that operates or administers any program or facility providing services to persons with disabilities shall permit agency personnel performing duties pursuant to section 19505 to meet with those persons. The program or facility must allow agency personnel to communicate privately with the persons with disabilities. [PL 1989, c. 837, §1 (NEW).]

3. Facilities. Any facility that serves a person with a disability shall permit access to the premises of the facility by agency personnel performing duties pursuant to section 19505 . A. Access to the premises must include reasonable unaccompanied access to all residents of the facility at reasonable times, including normal working and visiting hours, for the following purposes: (1) Providing information and training on and referral to programs addressing the needs of a person with a disability and information about the rights of a person with a disability and the protection and advocacy services of the agency, including the name, address and telephone number of the agency; and (2) Monitoring the rights and safety of recipients of services from the facility. [PL 2001, c. 357, §14 (NEW).] B. If the agency is conducting an investigation of a complaint of abuse, neglect or exploitation, access to the premises must include: (1) The opportunity to interview any recipient of services from the facility, facility employee or other person, including the person suspected to be the victim of abuse, neglect or exploitation, who the agency reasonably believes may have knowledge of the incident under investigation; and (2) The opportunity to view, inspect and photograph all areas of the facility's premises that the agency reasonably believes may be connected to the incident under investigation. [PL 2001, c. 357, §14 (NEW).] [PL 2001, c. 357, §14 (AMD).]

4. Reports. The agency must be provided copies of each annual survey report and plan of corrections for cited deficiencies made pursuant to Title 22, chapter 405 and pursuant to 42 United States Code, Sections 1395 et seq. and 1396 et seq. with respect to any facility serving persons with disabilities within the State. The reports and plans must be provided to the agency within 30 days of completion. [PL 1989, c. 837, §1 (NEW).]
5 M.R.S. § 17704-C — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17704-C
5 §17704-C. Continued eligibility to purchase back time
Status: in_force

A member whose membership date is prior to August 1, 2010 and who was eligible to purchase service credit under former section 17704 or 17704-A prior to August 1, 2010, retains eligibility to purchase that service credit under the conditions of those sections as in effect prior to repeal. [PL 2009, c. 474, §19 (NEW).]
5 M.R.S. § 4574 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4574
5 §4574. Mandatory retirement age prohibited
Status: in_force

1. Definition. As used in this section and section 4573 , unless the context otherwise indicates, the following terms shall have the following meanings. A. "Employer" shall mean any individual or type of organization, including domestic and foreign corporations and partnerships, doing business in the State. [PL 1979, c. 350, §4 (NEW).] [PL 1979, c. 541, Pt. B, §4 (AMD).]

2. Legislative findings and intent. The Legislature finds that many older Maine citizens are forced out of the work force solely because of their age. The Legislature further finds that many older Maine residents who have been forced out of the work force are fully capable of carrying out the duties and responsibilities required by their employment. Finally, the Legislature finds that many older Maine citizens, because of their years of experience, can make valuable contributions to the work force. It is the intent of the Legislature that discrimination based on age against any person who seeks employment in the private sector or who is already employed by a private employer shall not be tolerated. It is further the intent of the Legislature to ensure that any older person who seeks employment or wishes to continue employment in the private sector and who is capable of fulfilling the duties and responsibilities of this employment shall be treated like any other person who seeks employment or wishes to continue this employment. Finally, it is the clear and unequivocal intent of the Legislature to prohibit employers in the private sector from requiring employees to retire at a specified age, or after completion of a specified number of years of service. [PL 1979, c. 350, §4 (NEW).]

3. Unlawful employment discrimination. It shall be unlawful employment discrimination: A. For any employer to fail or refuse to hire any applicant for employment because of the age of the individual; or [PL 1979, c. 350, §4 (NEW).] B. For any employer to require or permit, as a condition of employment, any employee to retire at or before a specified age or after completion of a specified number of years of service. [PL 1979, c. 350, §4 (NEW).] [PL 1979, c. 350, §4 (NEW).]

4. Normal retirement age. This section shall not be construed to prohibit the use of a "normal retirement age," as defined in section 4553, subsection 6‑A , provided that normal retirement age and the accrual or awarding of pension or retirement benefits shall not be used in any way to require the retirement of an employee or to deny employment to a person. [PL 1979, c. 350, §4 (NEW).]

5. Federal requirements. This subchapter shall not be construed to affect or limit any power or duty relating to pension or retirement plans which the United States Government reserves to itself. [PL 1979, c. 350, §4 (NEW).]

6. Applicability. This section shall apply to all employers in the State. [PL 1979, c. 350, §4 (NEW).]
5 M.R.S. § 160 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 160
5 §160. Government Shutdown Loan Guarantee Program Fund established
Status: in_force

The Government Shutdown Loan Guarantee Program 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 an eligible financial institution to an eligible affected employee pursuant to Title 10, chapter 110, subchapter 15 and to reimburse the Finance Authority of Maine for reasonable expenses to administer the Government Shutdown Loan Guarantee Program established in Title 10, chapter 110, subchapter 15 . [PL 2025, c. 494, §1 (NEW).]
5 M.R.S. § 9053 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9053
5 §9053. Disposition without full hearing
Status: in_force

Unless otherwise provided by law, agencies may: [PL 1977, c. 551, §3 (NEW).]

1. Responsibility. Place on any party the responsibility of requesting a hearing if the agency notifies the party in writing of the party's right to a hearing, and of the party's responsibility to request the hearing; [RR 2023, c. 2, Pt. B, §79 (COR).]

2. Stipulation, settlement, consent order. Make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement or consent order; [PL 1977, c. 551, §3 (NEW).]

3. Default. Make informal disposition of any adjudicatory proceeding by default, provided that notice has been given that failure to take required action may result in default, and further provided that any such default may be set aside by the agency for good cause shown; and [PL 1977, c. 551, §3 (NEW).]

4. Issues limited. Limit the issues to be heard or vary any procedure prescribed by agency rule or this subchapter if the parties and the agency agree to such limitation or variation, or if no prejudice to any party will result. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 1541-B — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1541-B
5 §1541-B. Net neutrality
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advanced communications technology infrastructure" has the same meaning as in Title 35‑A, section 9202, subsection 1 . [PL 2019, c. 468, §1 (NEW).] B. "Broadband Internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service, but excluding dial-up Internet access service. [PL 2019, c. 468, §1 (NEW).] C. "Commit state funds" means to enter into a contract, make a grant or otherwise commit any state funds, including but not limited to any act that would incur a financial obligation against the State Government subject to review under section 1541, subsection 2 . [PL 2019, c. 468, §1 (NEW).] D. "Internet service provider" has the same meaning as in section 200‑B, subsection 1‑A, paragraph A . [PL 2019, c. 468, §1 (NEW).] E. "Net neutral service" means fixed or mobile broadband Internet access service that is provided without engaging in any of the following: (1) Blocking of lawful content, applications, services or devices, subject to reasonable network management practices; (2) Throttling; or (3) Paid prioritization. [PL 2019, c. 468, §1 (NEW).] F. "Paid prioritization" means management of the network of an Internet service provider that provides broadband Internet access service to directly or indirectly favor some traffic over other traffic, either in exchange for monetary or other consideration from a 3rd party or to benefit an affiliated entity. [PL 2019, c. 468, §1 (NEW).] G. "Reasonable network management practice" means a practice that has a primarily technical network management justification and is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. "Reasonable network management practice" does not include other business practices. [PL 2019, c. 468, §1 (NEW).] H. "State entity" means a department, agency or instrumentality of the State. [PL 2019, c. 468, §1 (NEW).] I. "Throttling" means impairing or degrading lawful Internet traffic on the basis of Internet content, application or service or use of a nonharmful device, subject to reasonable network management practices. [PL 2019, c. 468, §1 (NEW).] [PL 2019, c. 468, §1 (NEW).]

2. Provider agreement. A state entity may not commit state funds to an Internet service provider unless: A. The Internet service provider agrees in writing to provide net neutral service in the provision of broadband Internet access service: (1) Directly to the state entity; or (2) Across advanced communications technology infrastructure constructed with the use of the state funds; [PL 2019, c. 468, §1 (NEW).] B. The state entity provides to the State Controller: (1) Notice of its intent to commit state funds to an Internet service provider; and (2) A written agreement from the Internet service provider that conforms to the requirements of paragraph A ; and [PL 2019, c. 468, §1 (NEW).] C. The State Controller finds that the requirements of paragraphs A and B have been satisfied and authorizes the state agency or instrumentality to commit state funds. [PL 2019, c. 468, §1 (NEW).] [PL 2019, c. 468, §1 (NEW).]

Nothing in this section limits the authority of the State Controller under any other provision of law to limit or prohibit a state entity from committing state funds. [PL 2019, c. 468, §1 (NEW).]

Nothing in this section prohibits reasonable efforts by an Internet service provider providing broadband Internet access service to address copyright infringement or other unlawful activity. [PL 2019, c. 468, §1 (NEW).]

Nothing in this section supersedes any obligations, authorizations or restrictions on an Internet service provider providing broadband Internet access service to address the needs of emergency communications or law enforcement, public safety or national security authorities under the laws of the State and the United States of America and the United States Constitution and the Constitution of Maine. [PL 2019, c. 468, §1 (NEW).]

Upon receipt of information or complaint from any person that an Internet service provider may be failing to meet the requirements of an agreement made under this section, the Attorney General may undertake an investigation and take any action the Attorney General determines appropriate, including, but not limited to, action pursuant to section 192 . [PL 2019, c. 468, §1 (NEW).]