5 M.R.S. § 174 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 174
5 §174. Rules
Status: in_force

1. Authority. The board may adopt rules as necessary to implement this chapter, except that the board shall adopt rules required pursuant to subsection 2 . Rules adopted pursuant to this chapter are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 356, §1 (NEW).]

2. Required rules. The board shall adopt rules to: A. Establish the processes for enrollment and contributions to an IRA under the program, notwithstanding any provision of state law related to payroll deductions to the contrary, including withholding by covered employers of employee payroll deduction contributions from wages and remittance for deposit to an IRA, automatic enrollment in a payroll deduction IRA and opt-outs by covered employees, voluntary contributions by others, including self-employed individuals and independent contractors, through payroll deduction or otherwise, the making of default contributions using default investments and participant selection of alternative contribution rates or amounts and alternative investments from among the options offered under the program; [PL 2021, c. 356, §1 (NEW).] B. Establish the processes for withdrawals, rollovers and direct transfers from an IRA under the program in the interest of facilitating portability of benefits; [PL 2021, c. 356, §1 (NEW).] C. Establish processes for implementing the program in accordance with section 173, subsection 3 ; [PL 2023, c. 167, §9 (AMD).] D. Establish requirements for the determination of whether a part-time, seasonal or temporary employee is a covered employee eligible to participate in the program; [PL 2021, c. 356, §1 (NEW).] E. Establish a process for a participant to make nonpayroll contributions to accounts under the program; [PL 2021, c. 356, §1 (NEW).] F. Establish a process for an employer to be determined to be exempt from the program because the employer sponsors a specified tax-favored retirement plan; and [PL 2021, c. 356, §1 (NEW).] G. Conduct outreach to individuals, employers, other stakeholders and the public regarding the program, including specifying the contents, frequency, timing and means of required disclosures from the program to covered employees, participants, other individuals eligible to participate in the program, covered employers and other interested parties. These disclosures must include, but are not limited to, the following: (1) The benefits and risks associated with tax-favored retirement saving under the program; (2) The potential advantages and disadvantages associated with contributing to a Roth IRA and, if applicable, a traditional IRA under the program; (3) The eligibility rules for a Roth IRA and, if applicable, a traditional IRA; (4) That the individual and not the employer, the State, the board, any board member or other state official or the program is solely responsible for determining whether, and, if so, how much, the individual is eligible to contribute on a tax-favored basis to an IRA; (5) The penalty for excess contributions to an IRA and the method of correcting excess contributions; (6) Instructions for enrolling, opting out of participation, making contributions and making withdrawals, including the possibility of contributing to an IRA, whether offered under the program or not, by means other than automatic enrollment in a payroll deduction IRA; (7) Instructions for opting out of each of the Roth IRA, the default contribution rate and the default investment if the covered employee prefers a traditional IRA, including the possibility of contributing to a traditional IRA, if offered as an option under the program, a higher or lower contribution rate or different investment alternatives; (8) The potential availability of a saver's tax credit, including the eligibility conditions for the credit and instructions on how to claim it; (9) That employees seeking tax, investment or other financial advice should contact appropriate professional advisors and that covered employers are not in a position to provide such advice and are not liable for decisions individuals make in relation to the program; (10) That the payroll deduction IRA is intended not to be an employer-sponsored retirement plan and that the program is not an employer-sponsored retirement plan; (11) The potential implications of account balances under the program for the application of asset limits under certain public assistance programs; (12) That the participant is solely responsible for investment performance, including market gains and losses, and that IRAs and rates of return are not guaranteed by any employer, the State, the board, any board member or state official or the program; (13) Additional information about retirement and saving and other information designed to promote financial literacy and capability, which may take the form of links to, or explanations of how to obtain, such information; and (14) How to obtain additional information about the program. [PL 2021, c. 356, §1 (NEW).] [PL 2023, c. 167, §9 (AMD).]
5 M.R.S. § 8053-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8053-A
5 §8053-A. Notice to legislative committees
Status: in_force

1. Proposed rules. At the time of giving notice of rulemaking under section 8053 or within 10 days following the adoption of an emergency rule, the agency shall provide to the Legislature, in accordance with subsection 3 , a fact sheet providing the information as described in section 8057‑A, subsection 1 and a written notice identifying whether the proposed rule or adopted emergency rule is a routine technical rule or a major substantive rule as defined in subchapter 2‑A . A. If an agency determines that a rule that it intends to adopt will be substantively different from the proposed rule, it shall provide the Legislature with a revised fact sheet with the information defined in section 8057‑A, subsection 1 , as it relates to the substantively different rule. The revised fact sheet must be provided to the Legislature in accordance with subsection 3 . [PL 2025, c. 384, §16 (AMD).] B. [PL 1989, c. 574, §5 (RP).] C. [PL 1989, c. 574, §5 (RP).] D. [PL 1989, c. 574, §5 (RP).] [PL 2025, c. 384, §16 (AMD).]

2. Regulatory agenda. The agency shall provide copies of its agency regulatory agenda, as provided in section 8060 , to the Legislature at the time that the agenda is issued. [PL 1989, c. 574, §5 (RPR).]

3. Submission of materials to the Legislature. When an agency, pursuant to subsection 1 or 2 , provides materials to the Legislature, it shall provide them to the Executive Director of the Legislative Council, who shall refer the materials to the appropriate committee or committees of the Legislature for review. The agency shall provide sufficient copies of the materials for each member of the appropriate committee or committees. [PL 1989, c. 574, §5 (NEW).]

4. Adopted rules. When an agency adopts rules, it shall provide a copy of the adopted rules, the statement required by section 8052, subsection 5‑B and the checklist required by section 8056‑A to the Secretary of State who shall compile the adopted rules by agency. [PL 2025, c. 384, §17 (AMD).]

5. Annual report of rule-making activity. By February 1st of each year, the Secretary of State shall provide the Executive Director of the Legislative Council a copy of the annual report required under section 8056‑A, subsection 3 . A. [PL 2025, c. 384, §18 (RP).] B. [PL 2025, c. 384, §18 (RP).] C. [PL 2025, c. 384, §18 (RP).] D. [PL 2025, c. 384, §18 (RP).] E. [PL 2025, c. 384, §18 (RP).] F. [PL 2025, c. 384, §18 (RP).] [PL 2025, c. 384, §18 (AMD).]

6. Authority to report out legislation. After each appropriate joint standing committee of the Legislature has received a list of rule-making activity pursuant to subsection 5 , the committee may require an agency to appear before the committee, and the committee may report out legislation in the same legislative session in which the report is received to adjust rule-making authority related to the rules adopted in the previous calendar year. [PL 2011, c. 479, §4 (NEW).]
5 M.R.S. § 84 — ME Code / Title 5 / Part 1 / Chapter 5 / Section 84
5 §84. Preparation of commissions and recording qualifications
Status: in_force

The Secretary of State shall prepare and present to the Governor under the seal of the State, in order that the same may receive the signature of the Governor, a commission for every person appointed or a certificate of election to every person elected to any office for which a commission or certificate of election is required; record in a suitable manner the time when and the person by whom any commission or certificate of election is taken from that person's office, and the time when any certificate of the qualification of any officer is filed therein. When a duty must be paid as a prerequisite of holding the office, the Secretary of State shall notify every person appointed to such office of the fact and on receipt of evidence of its payment shall then, and no sooner, present the commission or certificate to the Governor. When the commission or certificate shall have been signed by the Governor, the Secretary of State shall deliver or forward the same to the person so appointed or elected. All bills passed by the Legislature shall be filed with the Secretary of State for the purpose of issuing certified copies thereof. [PL 1987, c. 816, Pt. KK, §7 (RPR).]
5 M.R.S. § 1830 — ME Code / Title 5 / Part 4 / Chapter 155-A / Section 1830
5 §1830. Central Fleet Management Division
Status: in_force

1. Division established. The Central Fleet Management Division is established in the Department of Administrative and Financial Services, Bureau of General Services for the purpose of acquiring, maintaining and managing vehicles for use by State Government and its employees on official state business, except the Department of Public Safety. The Central Fleet Management Division shall rent or lease vehicles to agencies, except the Department of Public Safety, in accordance with an established rate structure. Revenues derived from operations must be used to acquire, replace and maintain vehicles; adequately staff the Central Fleet Management Division; pay for required space; and otherwise provide for the overall operation of the Central Fleet Management Division. Department vehicles that exceed the car, light duty truck and special use vehicle specifications are exempt from this section, but must be reported in accordance with this section. For the purposes of this section, the terms "car," "light duty truck" and "special use vehicle" refer to vehicles with gross vehicle weight rating less than 10,000 pounds. [PL 2005, c. 386, Pt. H, §10 (NEW).]

2. Agency program requirements. The Bureau of General Services shall work closely with all departments and agencies to identify annual transportation and vehicle usage requirements to ensure that agency program requirements are met to the maximum extent possible. The bureau shall: A. Maintain the Central Fleet Management Division to service the transportation requirements of all state agencies not exempted under subsection 3, paragraph C and their employees and control assignments of vehicles to ensure they are used to the best economic advantage of the State; [PL 2005, c. 386, Pt. H, §10 (NEW).] B. Maintain records of transportation and vehicle requirements and all motor vehicles owned, leased and available for use for those agencies not exempted under subsection 3, paragraph C and make this information available to state agencies; [PL 2005, c. 386, Pt. H, §10 (NEW).] C. Require all state agencies not exempted under subsection 3, paragraph C and their employees to use the Central Fleet Management Division when transportation is required. Employees requesting to use personal vehicles on state business are required to seek an exemption from the Central Fleet Management Division; [PL 2005, c. 386, Pt. H, §10 (NEW).] D. Acquire or replace Central Fleet Management Division vehicles in accordance with an established vehicle replacement policy; [PL 2005, c. 386, Pt. H, §10 (NEW).] E. Transfer motor vehicles from other agencies, purchase, lease, lease-purchase or enter into other financing agreements, in accordance with section 1587 , for the acquisition or replacement of motor vehicles in accordance with subsection 3 when it can be demonstrated that any such action or agreement provides a clear cost or program advantage to the State; [PL 2005, c. 386, Pt. H, §10 (NEW).] F. Establish facilities to store and maintain motor vehicles; and [PL 2005, c. 386, Pt. H, §10 (NEW).] G. Devise a mechanism for the distribution of fuel by competitive bidding by commercial vendor, by the use of existing state-owned fueling facilities and the establishment of a statewide credit card system. [PL 2005, c. 386, Pt. H, §10 (NEW).] [PL 2005, c. 386, Pt. H, §10 (NEW).]

3. Standards; specifications. The Bureau of General Services shall establish the following: A. Standards for vehicle operation; [PL 2005, c. 386, Pt. H, §10 (NEW).] B. Specifications for vehicles to be acquired by the State; and [PL 2005, c. 386, Pt. H, §10 (NEW).] C. Standards for the exemption or waiver of state agencies from the requirements of this section. The Director of the Bureau of General Services may provide a waiver to an agency or an employee requiring the services of the Central Fleet Management Division or the standards and criteria established under this section if the director concludes that such a waiver is in the best economic interest of the State or critical agency mission. [PL 2005, c. 386, Pt. H, §10 (NEW).] Standards developed for use of Central Fleet Management Division services by all state agencies not exempted under paragraph C and employees of any such agency must be available for inspection at the Central Fleet Management Division's central office. The Director of the Bureau of General Services may provide a temporary waiver of the standards and criteria established under this section if the director concludes that the unique conditions of program or employee function require such a waiver. [PL 2005, c. 386, Pt. H, §10 (NEW).]

4. Central Fleet Management Internal Service Fund Account. The Bureau of General Services shall establish, through the Office of the State Controller, the Central Fleet Management Internal Service Fund Account. The funds deposited in the account must include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the bureau, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of vehicles under the administrative control of the Central Fleet Management division by the state surplus property program in the Bureau of General Services in accordance with current provisions of law and subsection 3 . [PL 2005, c. 386, Pt. H, §10 (NEW).]

5. Levy charges. The Central Fleet Management Division may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using the services of the Central Fleet Management Division. [PL 2005, c. 386, Pt. H, §10 (NEW).]

6. Service charges. Service charges for the rental and lease of motor vehicles must be calculated to provide for vehicle replacement costs, operating costs, necessary capital investment, personal services and sufficient working capital for the Central Fleet Management Division. [PL 2005, c. 386, Pt. H, §10 (NEW).]

7. Assignment of appropriate credits. The Central Fleet Management Division may develop a method of assigning appropriate credits to be used to reduce the charges for those state agencies from which vehicles are transferred to the Central Fleet Management Division. These credits must be calculated both to reasonably compensate the agencies and to ensure adequate revenues to support the Central Fleet Management Division. [PL 2005, c. 386, Pt. H, §10 (NEW).]

8. Staff. The Director of the Bureau of General Services shall appoint, as approved by the Legislature and subject to the Civil Service Law, staff necessary to carry out the purposes of this section. [PL 2005, c. 386, Pt. H, §10 (NEW).]

9. Budget adequate funds. Each department or agency using the services of the Central Fleet Management Division must budget adequate funds to pay for the leasing services provided by the Central Fleet Management Division. [PL 2005, c. 386, Pt. H, §10 (NEW).]

10. Transfer of funds. Notwithstanding section 1585 , state agencies that are in the process of transferring vehicle operations to the Central Fleet Management Division may transfer Capital Expenditures funds to the All Other category for those agencies to allow agencies to pay vehicle expenses. [PL 2005, c. 386, Pt. H, §10 (NEW).]

11. Report. The Director of the Bureau of General Services within the Department of Administrative and Financial Services shall report to the joint standing committee of the Legislature having jurisdiction over state and local government matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by February 15th of each year with respect to the status of current vehicle operations, projected requirements, anticipated costs and savings realized to date for each fiscal year in the operation of the Central Fleet Management Division. [PL 2005, c. 386, Pt. H, §10 (NEW).]

12. Vehicle emissions goals. The Central Fleet Management Division and the Department of Public Safety in acquiring by purchase or lease and managing light-duty motor vehicles shall to the extent practicable do so in a manner designed to meet the following goals: A. By 2025, increase the percentage of plug-in hybrid electric vehicles and zero-emission vehicles acquired annually to 50% of the annual acquisitions of light-duty motor vehicles; and [PL 2021, c. 693, §1 (NEW).] B. By 2030, increase the percentage of plug-in hybrid electric vehicles and zero-emission vehicles acquired annually to 100% of the annual acquisitions of light-duty motor vehicles. [PL 2021, c. 693, §1 (NEW).] For purposes of this subsection, "light-duty motor vehicle" means any vehicle with a gross vehicle weight rating of less than 10,000 pounds and "plug-in hybrid electric vehicle" has the same meaning as in Title 35‑A, section 10126, subsection 1, paragraph D . [PL 2021, c. 693, §1 (NEW).]
5 M.R.S. § 13 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 13
5 §13. Travel expenses of members of boards and commissions
Status: repealed

Notwithstanding any other provision of law or regulation, members of any board or commission who are authorized by law to receive travel expenses shall receive necessary expenses for travel only from their place of residence within the State to and from meetings of such board or commission and for any other travel only from their place of residence within the State to and from another location in connection with the official business of and under the specific authority of such board or commission. [PL 1975, c. 290 (NEW).]

Revisor's Note: §13. Payroll deduction for Maine Warden Service Relief Association (As enacted by PL 1975, c. 623, §3-1 was repealed by PL 1975, c. 771, §15)
5 M.R.S. § 1582 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1582
5 §1582. Handling appropriations
Status: in_force

Appropriations to any state department or agency do not become available for expenditure until allotted upon the basis of the work program duly approved by the Governor as provided. [PL 2005, c. 12, Pt. T, §1 (AMD).]

1. New or expanded programs. A state department may not establish a new program or expand an existing program beyond the scope of the program already established, recognized and approved by the Legislature until the program and the method of financing are submitted to the Department of Administrative and Financial Services, Bureau of the Budget for evaluation and recommendation to the Legislature and until the funds are made available for the program by the Legislature. [PL 2005, c. 12, Pt. T, §1 (NEW).]

2. Significant action recommended by State Budget Officer. The Department of Administrative and Financial Services, Bureau of the Budget shall inform the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, through the Office of Fiscal and Program Review, of significant action recommended by the bureau in the performance of assigned budget responsibilities. [PL 2005, c. 12, Pt. T, §1 (NEW).]

3. Personal Services funding. The total number of positions and the costs appropriated or allocated in any program may not, during any fiscal year, vary either from the positions included in computing the total dollars appropriated or allocated for Personal Services or in the specific cost of each position upon which the appropriations and allocations are based. This subsection does not apply to positions funded by the Maine Military Authority Enterprise Fund. The State Budget Officer shall take the action necessary to ensure compliance with this section except as provided for in this section and section 1583‑B . [PL 2005, c. 12, Pt. T, §1 (NEW).]

4. Use of savings; personal services funds. Savings accrued from unused funding of employee benefits may not be used to increase services provided by employees. Accrued salary savings generated within an appropriation or allocation for Personal Services may be used for the payment of nonrecurring Personal Services costs only within the account where the savings exist. Accrued savings generated from vacant positions within a General Fund account's appropriation for Personal Services may be used to offset Personal Services shortfalls in other General Fund accounts that occur as a direct result of Personal Services appropriation reductions for projected vacancies, and accrued savings generated within a Highway Fund account's allocations for Personal Services may be used to offset Personal Services shortfalls in other Highway Fund accounts that occur as a direct result of Personal Services allocation reductions for projected vacancies; except that the transfer of such accrued savings is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Costs related to acting capacity appointments and emergency, unbudgeted overtime for which it is impractical to budget in advance may be used with the approval of the appointing authority. Other actions such as retroactive compensation for reclassifications or reallocations and retroactive or one-time settlements related to arbitrator or court decisions must be recommended by the department or agency head and approved by the State Budget Officer. Salary and employee benefits savings may not be used to fund recurring Personal Services actions either in the account where the savings exist or in another account. At the close of each fiscal year, except for the forest protection unit account within the Department of Agriculture, Conservation and Forestry, the Disproportionate Share - Riverview Psychiatric Center and the Disproportionate Share - Dorothea Dix Psychiatric Center accounts within the Department of Health and Human Services and the Chief Medical Examiner account within the Department of the Attorney General, any unexpended General Fund Personal Services appropriations to executive branch agencies including accounts that are authorized to carry unexpended balances forward must lapse to the Salary Plan program, General Fund account in the Department of Administrative and Financial Services. [PL 2021, c. 29, Pt. L, §1 (AMD).]
5 M.R.S. § 3101 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3101
5 §3101. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 655, Pt. DD, §5 (NEW); PL 2011, c. 655, Pt. DD, §24 (AFF).]

1. Director. "Director" means the Director of the Office of Policy Innovation and the Future established by section 3102 . [PL 2021, c. 293, Pt. A, §7 (RPR).]

2. Office. "Office" means the Office of Policy Innovation and the Future established by section 3102 . [PL 2021, c. 293, Pt. A, §8 (RPR).]
5 M.R.S. § 1665 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1665
5 §1665. Budget estimates
Status: in_force

1. Expenditure and appropriation requirements. On or before September 1st of the even-numbered years, all departments and other agencies of the State Government and corporations and associations receiving or desiring to receive state funds under the provisions of law shall prepare, in the manner prescribed by the State Budget Officer, and submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium. The expenditure estimates must be classified to set forth the data by funds, organization units, character and objects of expenditure. The organization units may be subclassified by functions and activities, or in any other manner, at the discretion of the State Budget Officer. All departments and other agencies receiving or desiring to receive state funds from the Highway Fund shall submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium that do not exceed the Highway Fund appropriation of the previous fiscal year multiplied by one plus the average personal income growth rate. The Highway Fund highway and bridge improvement accounts are exempt from this spending limitation. The State Budget Officer shall request that the Governor provide the budget proposal for the Maine Indian Tribal-State Commission developed pursuant to Title 30, section 6212, subsection 6 . [PL 2015, c. 267, Pt. L, §9 (AMD).]

2. Inclusion in estimate. [PL 2005, c. 601, §3 (RP).]

3. Revenue estimates. The State Budget Officer shall use the revenue projections recommended by the Revenue Forecasting Committee in setting revenue estimates for inclusion in the budget. The revenue estimates must be classified so as to show the income by organization units, sources and funds, or in any other manner, at the discretion of the State Budget Officer. [PL 1997, c. 655, §2 (AMD).]

4. Additional data. Upon receipt of the budget estimates submitted in accordance with this section, the State Budget Officer may require the heads of departments and other agencies of the State Government and officers of organizations and associations receiving or desiring to receive state funds under the provisions of law to appear before said officer and present such additional data in support of their budget estimates as said officer may deem necessary. [PL 1989, c. 501, Pt. P, §13 (NEW).]

5. Maine Community College System; public improvements budgetary estimate. [PL 2013, c. 368, Pt. R, §2 (RP).]

6. Fiscal impact statements. Fiscal impact statements prepared by departments or agencies at the request of the State Budget Officer in response to legislative documents must include revenue and expenditure forecasts for each fiscal year of the current fiscal biennium and the following fiscal biennium in a form and method prescribed by the State Budget Officer. [PL 1995, c. 368, Pt. EE, §3 (NEW).]

7. General Fund and Highway Fund revenue and expenditure forecasts. By September 30th of each even-numbered year, the State Budget Officer shall prepare and deliver a report to the Governor, the Legislature and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs containing a forecast of revenue and expenditures for the following biennium. The forecast must assume the continuation of current laws and include reasonable and predictable estimates of growth in revenues and expenditures based on national and local trends and program operations. General Fund and Highway Fund revenue must be forecasted by income source as provided in chapter 151‑B . Expenditure forecasts for the General Fund and the Highway Fund must be forecasted on the basis of current law and assumed inflation variables related to program operations. The forecast for the General Fund and the Highway Fund must be presented in a budget fund flow statement and a comparative statement showing each income source for revenue projections and expenditure estimates for each major program category. [PL 1999, c. 127, Pt. A, §6 (RPR); PL 1999, c. 127, Pt. A, §7 (AFF).]
5 M.R.S. § 4582-C — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4582-C
5 §4582-C. Standards for multifamily and public housing constructed on or after September 1, 2012
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alteration" means a change to a facility that affects or could affect the usability of the facility or any part of the facility, including, but not limited to, reconstruction, remodeling, rehabilitation, historic restoration, changes or rearrangement in structural parts or elements and changes or rearrangement in the plan configuration of walls and full-height partitions. "Alteration" does not include normal maintenance, decoration and upgrades, including, but not limited to, reroofing, re-siding, painting or wallpapering, replacement of doors or windows, asbestos removal and changes to mechanical and electrical systems unless they affect the usability of the facility. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] B. "Builder" means the applicant for a building permit in a municipality that requires these permits or the owner of the property in a municipality that does not require building permits. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] C. "Covered multifamily dwellings" means: (1) Buildings consisting of 4 or more units if such buildings have one or more elevators; and (2) Ground floor units in other buildings consisting of 4 or more units that have no elevators. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] D. "Design professional" means an architect or professional engineer registered to practice under Title 32 . [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] E. "New construction" includes, but is not limited to, the design and construction of facilities for first occupancy or an alteration if the cost of the alteration is 75% or more of the replacement cost of the completed facility. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] F. "Public housing" means any housing that is financed in whole or in part with public funds offering housing accommodations containing 20 or more units. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] G. "Standards of construction" means the most recent American National Standards Institute standards, published as ANSI A 117.1. Departures from particular technical and scoping requirements of ANSI A 117.1 by the use of other methods are permitted where substantially equivalent or greater access to and usability of the facility is provided. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).]

2. Facilities affected. This section applies to new construction of covered multifamily dwellings and new construction and alterations of public housing if the date when the last application for a building permit or permit extension is certified to be complete by a state, county or local government or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension received by the state, county or local government is on or after September 1, 2012 or, if no permit is required, if the start of physical construction or alterations occurs on or after September 1, 2012. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).]

3. Unlawful housing discrimination. For purposes of this Act, unlawful housing discrimination, in addition to any violations of applicable accessible building requirements in subchapter 5 , includes, but is not limited to: A. The failure to design and construct covered multifamily dwellings subject to this section in such a manner that: (1) The public use and common use portions of the dwellings are readily accessible to and usable by people with physical or mental disabilities; (2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons in wheelchairs; and (3) All premises within the dwellings contain the following features of adaptive design: (a) An accessible route into and through the dwelling; (b) Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; (c) Reinforcements in bathroom walls to allow later installation of grab bars; and (d) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] B. For new construction of public housing subject to this section, to have less than 10% of the ground level units and less than 10% of the upper story units connected by an elevator be accessible to and usable by persons with physical disabilities, and less than 2% of the units, no fewer than one unit, with accessible communication features; and [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] C. For alterations to public housing units subject to this section, to fail to have the altered units meet the parts of the standards of construction concerning accessible routes, accessible doors and adaptable bathrooms until at least 10% of the total ground level units and a minimum of 10% of the total upper story units connected by an elevator meet the parts of the standards of construction concerning accessible routes, accessible doors and adaptable bathrooms. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).]

4. Compliance with standards. Compliance with the appropriate standards of construction satisfies the requirements of this section. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).]

5. Statement; inspection. The builder of a facility to which this section applies shall obtain a statement from a design professional that, based on professional judgment, the plans of the facility at the time of the statement meet the standards of construction required by this section. Prior to commencing construction of the facility, the builder shall submit the statement to: A. The municipal authority that reviews plans in the municipality where the facility is to be constructed; or [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] B. If the municipality where the facility is to be constructed has no authority that reviews plans, the municipal officers of the municipality. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).] If municipal officials of the municipality where the facility is to be constructed inspect buildings for compliance with construction standards, that inspection must include an inspection for compliance with the standards required by this section. The municipal officials shall require a facility that is inspected to meet the standards of this section before the municipal officials permit the facility to be occupied. [PL 2011, c. 613, §14 (NEW); PL 2011, c. 613, §29 (AFF).]
5 M.R.S. § 18654 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18654
5 §18654. Administration
Status: in_force

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

2. Report. A report of the activities of the group life insurance program shall be published annually. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 101 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 101
5 §101. Short title
Status: in_force

This chapter is known and may be cited as "the Model Registered Agents Act." [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 1763 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1763
5 §1763. No facility leased without life-cycle costs
Status: in_force

No public improvement, as defined in this chapter, or public school facility, with an area in excess of 10,000 square feet within a given building boundary, may be leased until a life-cycle costs analysis has been performed and a lease may only be approved when the life-cycle costs analysis compare favorably to available like facilities. [PL 1997, c. 541, §1 (AMD).]

In the event of an emergency such as a building destroyed by fire, this requirement may be waived by the Bureau of General Services. [PL 1997, c. 541, §1 (AMD).]
5 M.R.S. § 298 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 298
5 §298. Capitol Planning Commission
Status: in_force

The Capitol Planning Commission, established by section 12004‑I, subsection 75 , shall administer this chapter and perform such other duties as may be prescribed by law. [PL 1989, c. 503, Pt. B, §12 (AMD).]

The commission consists of 9 members as follows: [PL 1999, c. 127, Pt. A, §3 (AMD).]

1. Commissioner of Agriculture, Conservation and Forestry. The Commissioner of Agriculture, Conservation and Forestry, or the commissioner's designee; [PL 2011, c. 655, Pt. JJ, §1 (RPR); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

2. Councilor. A member of the Augusta City Council to be appointed by the Mayor of Augusta, with the advice and consent of the Augusta City Council, for a term of one year; [RR 2023, c. 2, Pt. B, §40 (COR).]

3. Residents. One resident of the Capitol Planning District and 2 residents of the City of Augusta, who may not be residents of the Capitol Planning District, to be appointed by the Governor for terms of 5 years; and [PL 2005, c. 123, §1 (AMD).]

4. Members-at-large. Four citizens of the State, who may not be residents of Augusta, to be appointed by the Governor for terms of 5 years; except that the first appointed member must be appointed for a term of one year. [PL 2005, c. 123, §2 (AMD).]

Each appointed member serves for the term of the member's appointment and thereafter until the member's successor is appointed and qualified. A vacancy must be filled for the unexpired term in the same manner in which the original appointment is made. The members of the commission must be compensated as provided in chapter 379. [RR 2023, c. 2, Pt. B, §41 (COR).]

The members of the commission shall elect a chair, who shall preside at all meetings of the commission when present. The commission shall meet at least once every 4 months and in addition may meet as often as necessary, at such times and places as the chair may designate. Any 3 members constitute a quorum for the exercise of all powers of the commission. The commission may employ, subject to the Civil Service Law, such assistance as may be necessary to properly carry out the duties of the commission. [RR 2023, c. 2, Pt. B, §42 (COR).]

The Director of Public Improvements serves as the secretariat of the commission in exercising its administration. The commission may, in accordance with the Maine Administrative Procedure Act, chapter 375 , adopt and enforce rules as it determines necessary, except rules relating to the State Capitol Building under the jurisdiction of the State House and Capitol Park Commission, as it determines necessary for the purposes of carrying out this chapter. These rules have the force of law. [PL 1993, c. 361, Pt. A, §1 (AMD).]

Among these rules and regulations, the commission shall adopt and promulgate regulations governing the height, setback, location of driveways, exterior design and materials, landscaping, location of parking and parking ratio of parking area to building area of all buildings erected or reconstructed within the Capitol Area of the City of Augusta, provided that the regulations shall not apply to the erection, reconstruction or repair of buildings which are used for residential purposes and do not exceed 8 dwelling units. [PL 1979, c. 598, §1 (RPR).]
5 M.R.S. § 12004-F — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-F
5 §12004-F. Bonding and financing organization
Status: in_force

Bonding and financing organizations have the primary responsibilities to finance construction of projects, new businesses or business expansions; administer pension funds or the proceeds of bond sales; and administer organizations created to fulfill these responsibilities. [PL 1987, c. 786, §5 (NEW).]

The primary powers of these boards include the authority to hold hearings and adopt rules; establish procedures and standards; lease or acquire property; enter into contracts; sell bonds; invest income; and borrow money. [PL 1987, c. 786, §5 (NEW).]

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

NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Finance Authority of Maine Legislative Per Diem 10 MRSA §964 [PL 1987, c. 786, §5 (NEW).]

2. Maine Municipal Bond Bank, Board of Commissioners Legislative Per Diem 30‑A MRSA §5951 [PL 1989, c. 503, Pt. A, §9 (AMD).]

3. Maine State Housing Authority Legislative Per Diem 30‑A MRSA §4722 [PL 1989, c. 503, Pt. A, §9 (AMD).]

4. Maine Turnpike Authority, Board of Directors Legislative Per Diem 23 MRSA §1964‑A [PL 2011, c. 302, §1 (AMD).]

5. Maine Public Utility Financing Bank, Board of Commissioners [PL 2023, c. 608, §1 (RP).]

6. Maine Health and Higher Educational Facilities Authority Legislative Per Diem 22 MRSA §2054 [PL 1987, c. 786, §5 (NEW).]

7. Maine School Building Authority [PL 1993, c. 494, §1 (RP).]

8. Maine Port Authority $100/Meeting Plus Expenses 23 MRSA §4420 [PL 2007, c. 134, §2 (AMD).]

9. Board of Trustees, Maine Public Employees Retirement System Legislative Per Diem 5 MRSA §17102 [PL 1987, c. 786, §5 (NEW); PL 2007, c. 58, §3 (REV).]

10. State Employee Health Commission Expenses Only 5 MRSA §285‑A [PL 1989, c. 503, Pt. A, §10 (RPR).]

11. Maine Governmental Facilities Authority Expenses Only 4 MRSA §1602 [PL 1999, c. 790, Pt. A, §2 (AMD).]

12. Board of Directors, Student Educational Enhancement Deposit Plan [PL 1991, c. 622, Pt. S, §6 (RP).]

13. Maine Low-level Radioactive Waste Authority [PL 1993, c. 664, §1 (RP).]

14. Board of Trustees, Sludge and Residuals Utilization Research Foundation [PL 1999, c. 668, §20 (RP).]

15. Maine Educational Loan Authority [PL 2015, c. 170, §3 (RP); PL 2015, c. 170, §30 (AFF).]

16. Northern New England Passenger Rail Authority Legislative Per Diem 23 MRSA §8111 [PL 1995, c. 374, §1 (NEW).]

17. Small Enterprise Growth Board Expenses Only 10 MRSA §471 [PL 1995, c. 699, §1 (NEW).]

18. Maine Rural Development Authority Expenses Only 5 MRSA §13120‑A [PL 2001, c. 703, §1 (NEW).]
5 M.R.S. § 881 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 881
5 §881. Tax-deferred arrangements
Status: in_force

The State or any county, city, town or other political subdivision may, by contract, agree with any employee to defer or contribute a portion of that employee's compensation as part of a tax-deferred arrangement permitted for employees under the provisions of the Internal Revenue Code of 1986, as amended, and subsequently contract for, purchase or otherwise procure for the employee an investment product or products as permitted by applicable law, including, but not limited to, a fixed or variable life insurance or annuity contract from an insurance company licensed to contract business in this State, shares of an investment company registered under the federal Investment Company Act of 1940 or investment products offered by any state or national bank. Any tax deferral program offered by a firm must protect the benefits of employees to the full extent allowed by a plan authorized under the Internal Revenue Code of 1986, as amended. The State, pursuant to section 885 , may offer to state employees and state employees may elect to participate in any tax-deferred arrangement established and made available by the Board of Trustees of the Maine Public Employees Retirement System pursuant to section 17103 . [PL 1997, c. 204, §2 (RPR); PL 2007, c. 58, §3 (REV).]
5 M.R.S. § 958 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 958
5 §958. Workers' Compensation Board
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Workers' Compensation Board. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Executive director; [PL 1993, c. 145, §2 (NEW).] B. General counsel; and [PL 1993, c. 145, §2 (NEW).] C. Deputy directors. [PL 1993, c. 145, §2 (NEW).] [PL 1993, c. 145, §2 (NEW).]
5 M.R.S. § 18058 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18058
5 §18058. Insurance; automatic application
Status: in_force

1. Employees insured. Each employee shall complete an application for insurance coverage within 31 days of becoming eligible. Each employee who completes an application and is found eligible for basic insurance under this subchapter is insured for the amount of basic coverage applicable under this subchapter, beginning on the first day of the month following one month of employment after the employee becomes eligible. A. The employee shall indicate the types of coverage elected. [PL 1991, c. 480, §6 (NEW).] B. If the employee elects coverage within 31 days of the employee's first becoming eligible and elects coverage in addition to basic, that additional coverage becomes effective on the first day of the month following one month of employment after the employee becomes eligible. [PL 2011, c. 449, §10 (AMD).] C. If the employee does not elect coverage within 31 days of the employee's first becoming eligible, the employee may subsequently apply for insurance coverage but must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 2011, c. 449, §10 (AMD).] D. The employee may designate in writing the name and address of a 3rd party to whom notice must be provided as required in subsection 6 . [PL 2015, c. 61, §1 (NEW).] [PL 2015, c. 61, §1 (AMD).]

2. Employees not wanting to be insured. Any employee not wanting to be insured under this subchapter, at the time the employee first becomes eligible, shall, on the application form, give written notice to the employee's employing officer and to the retirement system that the employee does not want to be insured. A. If after being insured, the employee wishes to cancel or reduce coverage, written notice must be given by the employee to the employee's employing officer and to the retirement system. [PL 1991, c. 480, §6 (AMD).] B. The employee's insurance coverage must cease or be reduced at the end of the month in which the notice is received by the employing office. [PL 1991, c. 480, §6 (AMD).] C. Any employee who does not want to be insured or who cancels insurance coverage may subsequently apply for insurance, but must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 1991, c. 480, §6 (AMD).] D. [PL 2011, c. 449, §11 (RP).] [PL 2011, c. 449, §11 (AMD).]

3. Dependent coverage. An employee may apply for coverage for a dependent in the application provided in subsection 1 . If an employee has no dependents at the time the application provided in subsection 1 is completed and if application is made for coverage within 31 days of acquiring a dependent, coverage becomes effective the first day of the month following the month in which the application is received by the employing office. An employee who does not apply for dependent coverage within 31 days may subsequently apply for dependent coverage but must produce evidence of insurability at the employee's own expense. Coverage for subsequently acquired dependents is effective immediately. [PL 1991, c. 480, §6 (NEW).]

4. Evidence of insurability. When the insurance underwriter approves an application for coverage or increase in coverage with which evidence of insurability has been filed as provided under subsection 1, paragraph C or subsection 2, paragraph C , the coverage or increased coverage becomes effective as of the first day of the first month following completion of one month of employment after the date of approval. [PL 1991, c. 480, §6 (NEW).]

5. Employee on leave of absence. Insurance coverage for an employee on an authorized leave of absence is governed as follows. A. An employee who, during a period of an unpaid leave of absence, continues to pay premiums due for the period of the leave continues to be covered. Coverage for an employee who, during the period of the leave, does not pay the premiums due ceases at the end of the period covered by the last premium paid. [PL 2011, c. 449, §12 (NEW).] B. Notwithstanding paragraph A , an employee who, during a period of unpaid military leave of absence, does not continue coverage while on unpaid military leave must be reinstated to the levels of coverage in effect immediately prior to the unpaid military leave. A request for reinstatement by the employee must be made within 31 days of the employee's return to work following unpaid military leave. An employee who wants to be reinstated and who does not apply for reinstatement within 31 days of the employee's return to work from unpaid military leave must produce evidence of insurability at the employee's own expense and in accordance with the requirements of the insurance underwriter. [PL 2011, c. 449, §12 (NEW).] [PL 2011, c. 449, §12 (NEW).]

6. Notice to employee and 3rd party prior to lapse or termination. Coverage for an employee may not be terminated for nonpayment of premium unless, at least 14 days prior to the lapse or termination of coverage, the board has mailed a notice of cancellation to the employee and any 3rd party designated by the employee by name and address in writing pursuant to subsection 1, paragraph D . [PL 2015, c. 61, §2 (NEW).]
5 M.R.S. § 90-E — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-E
5 §90-E. Expedited review and determination of the authorization of financing statement records filed under the Uniform Commercial Code; criminal penalties; civil penalties and injunctive relief
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Authorized,” when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in Title 11, sections 9‑1509 and 9‑1708 . [PL 2007, c. 228, §1 (NEW).] B. "Court" means the Kennebec County Superior Court. [PL 2007, c. 228, §1 (NEW).] C. “Debtor” means a natural person whose name was provided in a financing statement record as: (1) An individual debtor; or (2) One of the types of persons listed in Title 11, section 9‑1505, subsection 1 . [PL 2007, c. 228, §1 (NEW).] D. “Filing office” or “filing officer” means the appropriate office or officer where or to whom a financing statement record is to be filed as provided by Title 11, section 9‑1501 . [PL 2007, c. 228, §1 (NEW).] E. “Financing statement record” means: (1) An initial financing statement; (2) An amendment that adds collateral covered by a financing statement; or (3) An amendment that adds a debtor to a financing statement. For purposes of this paragraph, "collateral," "debtor" and "financing statement" have the same meanings as defined in Title 11, section 9‑1102 . [PL 2007, c. 228, §1 (NEW).] F. "Movant" means the person filing the motion. [PL 2007, c. 228, §1 (NEW).] [PL 2007, c. 228, §1 (NEW).]

2. Expedited process to review and determine authorization of filing of financing statement records. This subsection governs the procedure for disputing the authorization for a filing of a financing statement. A. Any individual who asserts that the filing of a financing statement record that provides that individual’s name as a debtor is not an authorized filing may file, at any time, a motion for a judicial declaration that the financing statement record is not an authorized filing under Title 11, section 9‑1509 and thus is not effective with respect to that individual under Title 11, section 9‑1510 . This motion must be filed with the Kennebec County Superior Court. The motion must be supported by the affidavit of the movant setting forth a concise statement of the facts upon which the claim for relief is based. The motion must be in the form that follows: MISC. DOCKET No. ...................... In Re: A Purported Financing Statement In the Kennebec County Superior Court Against..................In and For ........................................ (Name of Movant).............................................Kennebec County, State of Maine Motion for Judicial Review of the Authorization of a Financing Statement Record Filed Under the Uniform Commercial Code, the Maine Revised Statutes, Title 11, Article 9‑A Now Comes ......................................................................................................... (name) (movant) and files this motion requesting a judicial determination of whether the financing statement record filed in the filing office, a copy of which is attached hereto, is not an authorized filing with respect to the movant under the Uniform Commercial Code, Title 11, section 9‑1509 or 9‑1708 and in support of the motion would show the court as follows: I. (Name), movant, herein is an individual whose name was provided as an individual debtor in a financing statement record filed under the Uniform Commercial Code, Title 11, Article 9‑A , a copy of which is attached hereto. II. On (date), in the exercise of the filing officer's official duties as (Secretary of State or Register of Deeds), the filing officer received and indexed the financing statement providing the movant’s name as an individual debtor and assigned the following file number, ..................... to the record, bearing the following date of filing, ............................................................... III. Movant alleges that the financing statement record is not an authorized filing with respect to movant and that this court should declare the financing statement record ineffective with respect to movant for that reason. IV. Movant attests that assertions herein are true and correct. V. Movant does not request the court to make a finding as to any underlying claim of any person and asserts that this motion does not seek review of an effective financing statement record. Movant acknowledges that movant may be subject to sanctions if this motion is determined to be frivolous or intentionally wrongful. PRAYER Movant requests the court to review the attached documentation and enter an order finding that said financing statement record was filed by a person not authorized to do so with respect to movant and is for that reason not an authorized filing with respect to movant and, therefore, has no effect with respect to movant, together with such other findings as the court deems appropriate. Respectfully submitted, ......................................................................... (Signature and typed name and address) [PL 2007, c. 228, §1 (NEW).] B. The completed form for ordinary certificate of acknowledgment must be as follows: AFFIDAVIT STATE OF MAINE COUNTY OF ............................................................ BEFORE ME, the undersigned authority, personally appeared ............................... who, being by me duly sworn, deposed as follows: "My name is............................................. I am over 18 years of age, of sound mind, with personal knowledge of the following facts, and fully competent to testify. I further attest that the assertions contained in the accompanying motion are true and correct." Further affiant sayeth not. SUBSCRIBED and SWORN TO before me, this ....... day of ......................................................., ................... NOTARY PUBLIC, State of Maine Notary’s signature: ............................................................................................ Notary's printed name: ........................................................................................ My commission expires: ....................................... [PL 2007, c. 228, §1 (NEW).] C. The clerk of the court may not collect a filing fee for filing a motion as provided in this subsection. [PL 2007, c. 228, §1 (NEW).] D. The court's finding may be made solely on a review of the documentation attached to the motion and the responses, if any, of the person named as a secured party in the financing statement record and without hearing any oral testimony if none is offered by the secured party. The court's review may be made only upon not less than 20 days' notice to each person named as a secured party in the financing statement record. Notice must be given to each secured party. Notice may be given to each secured party at the address given in the financing statement record as an address of that secured party by mail or personal service as provided in the Maine Rules of Civil Procedure. Each person named as a secured party in the financing statement record may respond to the motion based on pleadings, depositions, admissions and affidavits. The court’s review of the pleadings, depositions, admissions and affidavits must be made on an expedited basis. [PL 2007, c. 228, §1 (NEW).] E. The court shall enter judgment in favor of the movant only if the pleadings, depositions, admissions and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. [PL 2007, c. 228, §1 (NEW).] F. After review, the court shall enter an appropriate finding of fact and conclusion of law in a form as provided in paragraph G regarding the financing statement record, an attested copy of which must be filed and indexed under the movant’s name in the filing office where the original financing statement record was filed. The filing office may not collect a filing fee for filing the court's finding of fact and conclusion of law as provided in this section. A copy of the finding of fact and conclusion of law must be sent by the court to the movant, to each person named as a secured party in the financing statement record at the address of each person set forth in the financing statement and to the filing office. The copy must be sent within 7 days following the date that the finding of fact and conclusion of law are issued by the court. The secured party may appeal the finding of fact and conclusion of law as provided in the Maine Rules of Appellate Procedure. In addition to the notice requirements of those rules, the secured party shall give notice of the appeal to the filing office. [PL 2007, c. 228, §1 (NEW).] G. The finding of fact and conclusion of law must be in substantially the following form: MISC. DOCKET No. .......................... In Re: A Purported Financing Statement In the Kennebec County Superior Court Against ............... In and For ........................................ (Name of Movant) .............................................................................................. Kennebec County, State of Maine Judicial Finding of Fact and Conclusion of Law Regarding the Authorization of a Financing Statement Record Filed Under the Uniform Commercial Code On the (number) day of (month), (year), in the above entitled and numbered cause, this court reviewed a motion, verified by affidavit, of (name), the documentation attached thereto, and the pleadings, depositions, admissions and affidavits submitted by the secured party, if any. Notice was given to each person named as a secured party in the financing statement record as provided by law to the secured party’s address as provided in the Uniform Commercial Code, the Maine Revised Statutes, Title 11, Article 9‑A . No oral testimony was taken from any party, the court having made the determination that a decision could be made solely on review of the documentation provided hereunto. The court finds as follows (only an item initialed is a valid court ruling): .......The financing statement record providing movant’s name as an individual debtor attached to the motion IS an authorized filing as to movant under the Uniform Commercial Code, Title 11, section 9‑1509 or 9‑1708. .......The financing statement record providing movant’s name as an individual debtor attached to the motion IS NOT an authorized filing as to movant under the Uniform Commercial Code, Title 11, section 9‑1509 or 9‑1708 and, therefore, is not effective with respect to movant. This court makes no finding as to any underlying claims of the parties involved and expressly limits its finding of fact and conclusion of law to the review of whether authorization for the filing exists. Insofar as it affects movant, the filing officer shall remove the subject financing statement record from the index so that the record is not reflected in or obtained as a result of any search, standard or otherwise, conducted of the records of the filing office under the movant’s name upon the occurrence of both of the following: A. Receipt of a finding of fact and conclusion of law that the documentation attached to the motion IS NOT an authorized financing statement naming movant as an individual debtor under the Uniform Commercial Code, Title 11, section 9‑1509 or 9‑1708 and, therefore, is not effective with respect to movant; and B. The earlier of: (i) The lapse of any period for appeal without an appeal having been taken; and (ii) The decision becoming final following any appeal. The filing office shall retain the subject financing statement record and this finding of fact and conclusion of law in the filing office for the duration of the period for which they would have otherwise been retained. This finding of fact and conclusion of law, but not the financing statement record, shall be indexed under the movant’s name. SIGNED ON THIS THE .........................................DAY OF.................................. ..................................................Justice, Maine Superior Court [PL 2007, c. 228, §1 (NEW).] H. This subsection is cumulative of other law under which a person may obtain judicial relief with respect to any filed or recorded document. [PL 2007, c. 228, §1 (NEW).] [PL 2007, c. 228, §1 (NEW).]

3. Criminal penalty. A violation of this section is governed by Title 17‑A, section 706‑A . [PL 2007, c. 228, §1 (NEW).]

4. Civil penalty and injunction. A person who violates this subsection is subject to civil penalties and other relief as provided in this subsection. A. A person may not knowingly cause to be presented for filing in a filing office or promote the filing in a filing office of a financing statement record that the person knows: (1) Is not authorized under Title 11, section 9‑1509 or 9‑1708 by the natural person whose name was provided as an individual debtor in the financing statement record; (2) Was filed or presented for filing with the intent that the financing statement record be used to harass or hinder the natural person whose name was provided as an individual debtor in the financing statement record without that person’s authorization; or (3) Was filed or presented for filing with the intent that the financing statement record be used to defraud any person. [PL 2007, c. 228, §1 (NEW).] B. A person who violates this subsection is liable to each debtor under paragraph A for: (1) The greater of: (a) $10,000; and (b) The actual damages caused by the violation; (2) Court costs; (3) Reasonable attorney’s fees; (4) Related expenses of bringing the action, including investigative expenses; and (5) Punitive damages in the amount determined by the court. [PL 2007, c. 228, §1 (NEW).] C. The following persons may bring an action to enjoin a violation of this subsection or to recover damages under this subsection: (1) The natural person whose name was provided as an individual debtor in the financing statement record filed without that person’s authorization under Title 11, section 9‑1509 or 9‑1708 or any guardian, conservator, executor, administrator or other legal representative of that person, a person who owns an interest in the collateral described or indicated in the financing statement record or a person directly harmed by the filing of the financing statement record; and (2) The Attorney General. [PL 2007, c. 1, §1 (COR).] D. A filing officer may refer a matter to the Attorney General for filing the legal actions under this subsection. [PL 2007, c. 228, §1 (NEW).] E. An action under this subsection may be brought in any court in Kennebec County or in a county where any of the persons named in the cause of action under this subsection resides. [PL 2007, c. 228, §1 (NEW).] F. The fee for filing an action under this subsection is $25. The plaintiff must pay the fee to the clerk of the court in which the action is filed. The plaintiff may not be assessed any other fee, cost, charge or expense by the clerk of the court. [PL 2007, c. 228, §1 (NEW).] G. A plaintiff who is unable to pay the filing fee and fee for service of notice may follow the court procedures to waive such fees. [PL 2007, c. 228, §1 (NEW).] H. If the fee imposed under paragraph F is less than the filing fee the court imposes for filing other similar actions and the plaintiff prevails in the action, the court may order a defendant to pay to the court the difference between the fee paid under paragraph F and the filing fee the court imposes for filing other similar actions. [PL 2007, c. 228, §1 (NEW).] I. This subsection is cumulative of other law under which a person may obtain judicial relief with respect to any filed or recorded document. This subsection is not intended to be an exclusive remedy. [PL 2007, c. 228, §1 (NEW).] [RR 2007, c. 1, §1 (COR).]
5 M.R.S. § 17155 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17155
5 §17155. Special resolves
Status: in_force

If and when any special resolve or other legislation described in section 17103, subsection 10 , is enacted by the Legislature, the entire actuarial costs of benefits granted shall be fully funded by act of the same Legislature which enacts the special resolve or other legislation. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 282-A — ME Code / Title 5 / Part 1 / Chapter 13 / Section 282-A
5 §282-A. Commissioner of Administrative and Financial Services authorized to execute easements
Status: in_force

1. Authority. The Commissioner of Administrative and Financial Services is authorized to release, grant or receive title to nonfee interests such as easements or rights-of-way in property held by state agencies over which the Department of Administrative and Financial Services has jurisdiction in accordance with the following: A. A release of an interest in property is authorized upon the commissioner's finding that the interest no longer contributes to the value of the state property or that the release does not detract from the value of state property; [PL 2003, c. 539, §1 (NEW).] B. The granting of an interest in property is authorized upon the commissioner's finding that such interest does not detract from the value of state property; and [PL 2003, c. 539, §1 (NEW).] C. Receiving title to an interest in property is authorized upon the commissioner's finding that the value of state property is enhanced. [PL 2003, c. 539, §1 (NEW).] The authority granted to the commissioner under this subsection does not apply to state park lands protected by the Constitution of Maine, Article IX, Section 23 and designated in Title 12, section 598‑A . [PL 2003, c. 539, §1 (NEW).]

2. Appraisal. In order to release, grant or receive title to nonfee interests pursuant to subsection 1 , the Commissioner of Administrative and Financial Services must have the current market value of the nonfee interest determined through an estimate of value if the value is under $1,000 or through an independent appraisal if the value exceeds $1,000. [PL 2003, c. 539, §1 (NEW).]
5 M.R.S. § 2001 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 2001
5 §2001. Short title
Status: in_force

This subchapter may be known and cited as "the Maine Library of Geographic Information Act." [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 8007 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8007
5 §8007. Loan Insurance Fund (REALLOCATED TO TITLE 5, SECTION 15007)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15007)
5 M.R.S. § 1877-A — ME Code / Title 5 / Part 4 / Chapter 158 / Section 1877-A
5 §1877-A. Powers and duties of commissioner
Status: in_force

The commissioner has the authority and duties provided in this section. For purposes of this section, "commissioner" means the Commissioner of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §82 (NEW).]

1. Report to the Legislature. The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs at the beginning of the first regular session of each Legislature with respect to: A. [PL 2005, c. 12, Pt. SS, §6 (RP).] B. [PL 2005, c. 12, Pt. SS, §6 (RP).] C. The degree to which personnel needs of state agencies are being met; [PL 1999, c. 668, §7 (AMD).] D. Any problems that exist with respect to current policies and procedures as they relate to the personnel needs of state agencies. This portion of the report must also include the evaluation of the Civil Service Policy Review Board with respect to the issue of this paragraph; and [PL 1997, c. 618, §1 (AMD).] E. All temporary and contracted positions within each agency and bureau of State Government. This information must include the duration and turnover of each position; the separate costs of each position for wages, benefits, contract fees and administration costs; and the position title or function. The costs associated with preparing this report must be absorbed utilizing existing department resources. [PL 1997, c. 618, §2 (NEW).] [PL 2005, c. 12, Pt. SS, §6 (AMD).]

2. Asbestos abatement. The commissioner shall authorize the expenditure of funds for the abatement of asbestos-related hazards in buildings used by the courts of the State. [PL 1991, c. 780, Pt. Y, §82 (NEW).]

3. Indoor air quality and ventilation improvements. The commissioner shall develop priorities for improving indoor air quality and ventilation in preparing budget requests for the repair and capital improvement of state buildings. [PL 1991, c. 780, Pt. Y, §82 (NEW).]

4. State cost allocation program. The state cost allocation program must annually identify the kind and cost of central services furnished to each state agency from General Fund appropriations. The non-General Fund portion of each agency must be assessed for these services as determined by the state cost allocation program procedures to the extent that payments are not expressly prohibited by state or federal law or by the terms of a gift or donation made to the State from private sources. These payments must be credited to the General Fund as undedicated revenue. The state cost allocation program may provide for the separate assessment of certain statewide single audit costs to federally funded programs. The commissioner, or the commissioner's designee, may adjust this assessment to any individual account. Non-General Fund resources that contribute to funding costs related to general departmentwide functions, such as accounting, personnel administration, maintenance of property records and general purchasing, that have been made available to an account by legislative action may be consolidated into one or more administrative accounts, unless such a consolidation is expressly prohibited by state or federal law. All resources and costs affected by such a consolidation must be properly identified and included in the budget process in accordance with chapter 149 . When the Legislature is not in session and upon recommendation of the State Budget Officer, the Governor may approve necessary adjustments to these consolidations for a period not to extend beyond the end of the current fiscal year. The Director of the Office of Fiscal and Program Review must be notified of any such action. The unencumbered balance of each administrative account established pursuant to this section must be carried forward at the end of each fiscal year, and the budgeted transfers to the administrative account for the ensuing fiscal year must be proportionally reduced by the amount of that carried balance. [PL 2005, c. 12, Pt. T, §11 (NEW).]
5 M.R.S. § 944 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 944
5 §944. Maine State Lottery Commission
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Maine State Lottery Commission. Notwithstanding any other provision of law, these positions shall be subject to this chapter: A. Deputy Director. [PL 1983, c. 729, §4 (NEW).] [PL 1983, c. 729, §4 (NEW).]
5 M.R.S. § 13063-K — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-K
5 §13063-K. Maine Microenterprise Initiative Fund
Status: in_force

1. Fund established. The Maine Microenterprise Initiative Fund is established as a nonlapsing fund administered by the department. The fund consists of money appropriated to it by the Legislature from the General Fund and eligible investment earnings from fund assets. The fund must be held separate from all other money, funds and accounts, and all eligible investment earnings from fund assets must be credited to the fund. [PL 2001, c. 471, Pt. A, §7 (NEW).]

2. Fund purposes. The department shall administer the fund to provide grants to community-based organizations to aid them in providing technical assistance and training to microenterprises. [PL 2001, c. 471, Pt. A, §7 (NEW).]
5 M.R.S. § 1742 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1742
5 §1742. Powers and duties
Status: reserved

The Department of Administrative and Financial Services, through the Bureau of General Services, has authority: [PL 1991, c. 780, Pt. Y, §53 (AMD).]

1. Programs. To require the development of overall long range public improvement programs for all departments and agencies of the State Government and to coordinate and present recommendations pertaining thereto to the Governor, the Governor-elect, the State Budget Officer and the Legislature;

2. Inspection. To regularly inspect state-owned and leased buildings in the State and report to the controlling department head whatever construction, repairs, alterations and improvements are determined necessary. If the Commissioner of Administrative and Financial Services considers it advisable, the commissioner shall make a similar report to the Governor; [PL 1991, c. 780, Pt. Y, §54 (AMD).]

3. Advise. Upon request to advise all state departments, agencies and school administrative units in connection with engineering and architectural questions and matters pertaining to any and all public improvements; [PL 1971, c. 542, §2 (AMD).]

4. Review. To review the operation and maintenance of state-owned and leased buildings and property and to make recommendations with respect thereto to the Commissioner of Administrative and Financial Services and controlling department or agency head concerned; [PL 1991, c. 780, Pt. Y, §55 (AMD).]

5. Data. To prepare, at the request of the Governor or the Legislature, data pertaining to existing or proposed public improvements; [PL 1975, c. 771, §79 (AMD).]

6. Approve selection of architects and engineers and other professionals. To approve the selection of architects and engineers registered in Maine and other professionals in the planning, design and monitoring of construction of public improvements consistent with the policy of this State that proposals for professional, architectural and engineering services for public improvements be publicly announced, and that contracts for those services be negotiated by the contracting authority on the basis of evaluation of professional competency and qualifications required for the type of services contemplated at fair and reasonable prices. The bureau shall adopt procedures for the procurement of any professional, architectural and engineering services for public improvements as defined in section 1741 . The procedures must be adopted pursuant to Title 5, chapter 375 and be deemed a rule. The procedure must contain a provision that, prior to initiating the process of selecting an architect or engineer or other professional for any project, the contracting authority shall advertise in a daily newspaper that serves the area in which the project is likely to be located. The advertisement must state, at a minimum, that the selection is to take place and describe the procedures that an engineer or architect or other professional may use to be considered as a candidate in the selection process. Notwithstanding this subsection, the bureau may select a person or persons to perform professional, architectural or engineering services from the list described in this subsection if the cost of the services does not exceed $50,000. The bureau shall solicit names for placement on a list by placing a general advertisement for professional, architectural or engineering services in newspapers that taken together have general circulation throughout the State. The bureau may substitute advertisement in professional journals or other publications that it finds equally effective in reaching the intended audience. The bureau may require persons responding to the advertisement to complete a qualifying questionnaire designed to address experience and expertise in performing the type of work advertised. The bureau shall prepare a list of respondents that it determines qualified and update the list at least every 2 years. If the bureau determines that a person is not qualified for placement on the list of providers of professional, architectural or engineering services, the person may appeal that decision in writing to the Commissioner of Administrative and Financial Services within 15 days of the bureau's decision. The commissioner shall complete the appeal process and issue a decision within 15 days of the filing of the appeal. The decision of the commissioner is final; [PL 2025, c. 25, §1 (AMD).]

6-A. Building code. To adopt for design purposes for all public improvements the current Maine Uniform Building and Energy Code pursuant to Title 10, section 9722 . Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A ; [PL 2021, c. 554, §1 (AMD).]

7. Approve plans for public improvements. To approve all proposals, plans, specifications and contracts for public improvements that the State or any of its agencies hold in fee or by leasehold interest and for school administrative unit projects costing in excess of $100,000. The commissioner shall, upon the request of a school administrative unit, provide consultation for any public improvement regardless of cost. The Bureau of General Services shall furnish a quarterly report to the project unit school board that details the services provided to the project during the time period covered by the report. The Bureau of General Services shall submit to the State Board of Education an annual report that summarizes the services provided each project; [PL 2005, c. 386, Pt. L, §1 (AMD).]

8. Inspection. To inspect materials, equipment, methods used and changes in plans in making public improvements, and inspect public improvements during the course of construction or repair, and make such recommendations as may be indicated to the architect or engineer, when employed, to the controlling department or agency head or to the school administrative unit. The architect or engineer, when employed, shall provide adequate inspection of materials, equipment, methods and changes in plans on all projects under the architect's or engineer's supervision; [RR 2023, c. 2, Pt. B, §57 (COR).]

9. Recommendations. To require prompt inspection upon the completion of any public improvement and to make recommendations promptly for the acceptance or rejection thereof to the authority which approved the execution of the project;

10. Inventory. [PL 1997, c. 90, §2 (RP).]

11. Listing of real estate. To require the listing of real estate belonging to or under lease to the State Government, showing controlling agency, location, metes and bounds, cost or rental rate and when acquired or rented;

12. Demolish obsolete buildings. To demolish or otherwise dispose of buildings and appurtenances, excluding land, belonging to the State that have become hazards, obsolete or are unjustifiably expensive to maintain. Such demolition or other disposal shall be on the recommendation of the department or agency head having jurisdiction over the buildings and appurtenances concerned and under such terms and conditions as deemed by the Governor to be in the best interests of the State; [PL 1975, c. 771, §80 (AMD).]

13. File of plans. To collect and maintain a complete and accurate file of drawings showing plans of location and situation of all public improvements;

14. Records. To collect and maintain records of construction costs and progress of all public improvements;

15. Supervision of State House and grounds. To have general supervision of the State House and the grounds specified in Title 3, section 902‑A, subsection 2 , and to make repairs and alterations in and about such grounds and buildings at the direction of the Legislative Council or the Executive Director of the Legislative Council, as provided in Title 3, section 902, subsection 3 ; [PL 1989, c. 410, §18 (AMD).]

16. Maintain public park in Augusta. To maintain all that portion of the state lands specified in Title 3, section 902, subsection 2 , in accordance with the official plans proposed by the State House and Capitol Park Commission to the Legislative Council and adopted by the Legislature pursuant to Title 3, section 902, subsection 1 ; [PL 1989, c. 410, §18 (AMD).]

17. Food service. To provide, with the consent of the Governor, food service in the state office buildings located at the seat of government and elsewhere in the State as may be determined by the Governor; [PL 1975, c. 771, §81 (AMD).]

18. Assign rooms. To assign rooms in all buildings used by the State for offices and determine the occupancy thereof in such manner as the public service may require;

19. Facilities required by State. [PL 1991, c. 9, Pt. L, §1 (RP).]

19-A. Real property leases required by State. Except as provided in section 1742‑D , to locate, negotiate and manage all real property leases required by departments and agencies of State Government; [PL 1991, c. 9, Pt. L, §2 (NEW).]

19-B. Real property interests acquired by State. [PL 2007, c. 488, §1 (NEW); MRSA T. 5 §1742, sub-§19-B (RP).]

20. Utility services. [PL 1985, c. 785, Pt. A, §66 (RP); PL 1987, c. 402, Pt. A, §§41, 42 (AMD).]

20-A. Utility services. To purchase or contract or approve the purchasing or contracting for electric, water, sewerage and gas services for any department and agency of State Government and to grant necessary easements for utilities; A. [PL 1987, c. 282, §1 (RP).] B. [PL 1987, c. 282, §1 (RP).] C. [PL 1987, c. 282, §1 (RP).] [PL 1991, c. 780, Pt. Y, §56 (AMD).]

20-B. Renewable energy credits; purchase, retirement and sale. To purchase, retire and sell renewable energy credits. Net proceeds from the purchase, retirement or sale of renewable energy credits must first be applied to achieve the State's obligation under section 1766‑A to supply electricity used in state-owned buildings with 100% renewable resources. If the State generates more renewable energy credits than needed to fulfill the obligation under section 1766‑A , the credits may be sold and the proceeds placed in a Lead by Example Program Other Special Revenue Funds account established pursuant to section 1742‑H . For purposes of this subsection, "renewable energy credit" has the same meaning as in Title 35‑A, section 3210, subsection 2, paragraph B‑2 . The Bureau of General Services shall adopt rules for the sale and purchase of renewable energy credits under this subsection; the administration of sale proceeds; the allocation and distribution of renewable energy credit proceeds; the reimbursement of renewable energy credits, including federal Internal Revenue Service elective pay reimbursements; and the administration of the Lead by Example Program established in section 1742‑H . Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A ; [PL 2025, c. 388, Pt. I, §1 (NEW).]

21. Rules. To make rules, subject to the approval of the Commissioner of Administrative and Financial Services for the purposes of carrying out this subchapter; [PL 1991, c. 780, Pt. Y, §57 (AMD).]

22. Drug-related seized property. [PL 1989, c. 483, Pt. A, §15 (RP).]

23. Inventory of land. To annually inventory all land owned by any state agency or semiautonomous state agency, and, together with other state agencies and semiautonomous state agencies, determine land that is needed by state agencies or semiautonomous state agencies for other uses and land that is surplus. Prior to offering any land for sale, the commissioner shall review with the Maine Redevelopment Land Bank Authority and other state agencies and semiautonomous state agencies the information derived from the inventory. For the purposes of this subsection, "semiautonomous state agency" has the same meaning as in section 1972, subsection 9 . A. [PL 2025, c. 264, §1 (RP).] A-1. The department shall annually send the inventory to the Maine Redevelopment Land Bank Authority and to the joint standing committee of the Legislature having jurisdiction over economic development matters. [PL 2025, c. 264, §1 (NEW).] B. Notwithstanding any provision of law to the contrary, the procedure for the distribution of surplus state property for the purpose of this subsection takes priority over any other procedure for the disbursement of surplus state land. [PL 2025, c. 264, §1 (AMD).] C. This subsection may not be construed to pertain to public reserved lands that are exempt from this subsection. [PL 2025, c. 264, §1 (AMD).] D. The department shall work closely with the Maine Redevelopment Land Bank Authority to develop a procedure by which surplus state-owned land and structures are held in trust for the purpose set forth in this section and Title 30‑A, chapter 201, subchapter 3‑A ; [PL 2025, c. 264, §1 (AMD).] [PL 2025, c. 264, §1 (AMD).]

24. Application of air ventilation standards. To apply Maine Uniform Building and Energy Code ventilation standards to buildings occupied by state employees. These standards must be applied to buildings that are constructed or substantially renovated by the State and to buildings for which the State enters into new leases or renews leases. For the purpose of this subsection, "substantial renovation" means any renovation for which the cost exceeds 50% of the buildings' value. A. [PL 2021, c. 554, §2 (RP).] B. [PL 2021, c. 554, §2 (RP).] [PL 2021, c. 554, §2 (AMD).]

25. Sites for child care programs. To review, in cooperation with the Office of Child Care Coordination in the Department of Health and Human Services, feasible sites for child care programs offered primarily as a service to state employees pursuant to Title 22, section 8307, subsection 2 ; [RR 2013, c. 1, §11 (COR).]

26. Rental income. To credit income from the rental of facilities in Limestone to the Department of Administrative and Financial Services, Bureau of General Services, Other Special Revenue Funds account. These funds must be used for repairs, capital improvements and other costs of managing the facilities operated by the Maine Military Authority in Limestone. Notwithstanding any other provision of law and except when the Governor in the case of an emergency pursuant to Title 37‑B, section 742 or 744 needs money for disaster relief, in which case the Governor may transfer no more than 10% of the balance of the rental income, the department also may recommend that: A. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services pursuant to this subsection be transferred to the General Fund as undedicated revenue; [PL 2005, c. 519, Pt. W, §1 (NEW).] B. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Maine National Guard Education Assistance Pilot Program, Other Special Revenue Funds account for tuition assistance; [PL 2005, c. 634, §6 (AMD).] C. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Maine National Guard Education Assistance Pilot Program, Other Special Revenue Funds account for the reimbursement of the purchase of supplemental life insurance as provided for in the provisions of Title 37‑B, section 390‑B ; [PL 2009, c. 1, Pt. CC, §2 (AMD).] D. Beginning July 1, 2007, part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management for maintenance and repair of National Guard armories in the State; and [PL 2005, c. 634, §6 (NEW).] E. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Disaster Assistance Relief, Other Special Revenue Funds account for disaster assistance; [PL 2017, c. 284, Pt. P, §1 (AMD).] [PL 2017, c. 284, Pt. P, §1 (AMD); PL 2017, c. 288, Pt. B, §1 (AMD).]

27. Disaster assistance. [PL 2009, c. 1, Pt. CC, §4 (RP).]

28. State landfills. To own, design, develop or operate, or contract with private parties to operate, solid waste disposal facilities, as provided in Title 38, chapter 24, subchapter 4 ; and [PL 2017, c. 284, Pt. P, §2 (AMD).]

29. Accept contributions. To accept contributions from public and private sources for the maintenance, repair and construction of state facilities. Contributed funds must be invested as provided by law with the earnings credited to the appropriate fund to be used for the same purposes. [PL 2017, c. 284, Pt. P, §3 (NEW).]

The head of any agency, board, commission, department of the State Government or school administrative unit, not otherwise exempted by law, who contemplates any public improvement, must first obtain the approval of the Director of the Bureau of General Services for such work. This paragraph is not intended to restrict the head of any agency, board, commission or department of the State Government from making emergency repairs to any state-owned building, public work or property or any property under lease to the State Government or to restrict any school administrative unit under like conditions that is under that person's supervision and control whenever it appears that such repairs are immediately necessary to prevent injury to persons or further damage to such buildings or property. [PL 1991, c. 780, Pt. Y, §58 (AMD).]
5 M.R.S. § 13120-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-C
5 §13120-C. Organization and responsibilities
Status: in_force

1. Administrative responsibilities. The authority is responsible for the administration of the: A. Speculative industrial building program, pursuant to section 13120‑N ; [PL 2005, c. 425, §12 (AMD).] B. Commercial Facilities Development Program, established under section 13120‑P ; and [PL 2001, c. 703, §6 (NEW).] C. Such other programs as the authority may by law be authorized to administer. [PL 2001, c. 703, §6 (NEW).] [PL 2005, c. 425, §12 (AMD).]

2. Programs and policies. In implementing its powers, duties, responsibilities and programs, the authority shall consider the state economic development strategy and the policies and activities of the department. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 17931 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17931
5 §17931. Statement of compensation
Status: in_force

1. Requirement. The chief executive officer shall require each person who is the recipient of a disability retirement benefit to submit, each calendar year, a statement of compensation received from any gainful occupation during that year. [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]

2. Failure to submit statement. Failure to submit the statement under subsection 1 shall result in the following: A. If the person fails to submit the statement required under subsection 1 within 30 days of receipt of the chief executive officer's request for the statement, the disability retirement benefit shall be withheld until the statement is submitted; or [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).] B. If the person fails to submit the statement required under subsection 1 within one year of receipt of the chief executive officer's request for the statement, all rights to further benefits shall cease. (1) The chief executive officer shall notify the person in writing of the decision to discontinue the disability retirement benefit. (2) The decision shall be subject to appeal under section 17451 . (3) If the person appeals the chief executive officer's decision, the disability retirement allowance shall not be discontinued until all appeals have been exhausted. [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).] [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 21201 — ME Code / Title 5 / Part 27 / Chapter 555 / Section 21201
5 §21201. Findings
Status: in_force

The Legislature finds that difficulties in interactions among the executive branch, the Legislature and the judicial branch often arise from the lack of understanding of the functions, structures, needs and perspectives of the 3 separate but coequal branches of government. Increased communication and coordination in daily activities as well as in long-range planning are possible to improve the effectiveness and efficiency of all 3 branches without the imposition of the views or directions of one or 2 branches upon another. The Legislature finds that active participation by the executive branch in the lawmaking process is essential to producing informed and effective legislation. The Legislature finds that the Constitution of Maine, Articles IV and V provide for shared participation in the lawmaking process and that shared responsibility has long been recognized and respected. The Legislature finds that a blanket policy by the executive branch that severely limits executive branch engagement and participation in the legislative process is contrary to these fundamental understandings and intentions underlying the Constitution of Maine and that the Governor should provide reasonably accessible information and expertise when the Legislature reasonably so requests. [PL 2019, c. 136, §1 (AMD).]
5 M.R.S. § 651 — ME Code / Title 5 / Part 2 / Chapter 56-A / Section 651
5 §651. Employee Suggestion System
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means the Employee Suggestion System Board established in subsection 3 . [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] B. "System" means the Employee Suggestion System established in subsection 2 . [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

2. System established. The Employee Suggestion System is established to encourage by means of cash or honorary awards state employees to find substantial savings and efficiencies in state operations. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

3. Board. The Employee Suggestion System Board is established and consists of the Commissioner of Administrative and Financial Services and 2 other departmental commissioners appointed by the Governor. A. The board shall elect a chair annually. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] B. The Commissioner of Administrative and Financial Services is responsible for administering the system and shall assign an employee, who may have other assignments not related to the system, to manage the system on a day-to-day basis. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] C. The board may adopt routine technical rules in accordance with chapter 375, subchapter 2‑A to implement the system, including criteria for suggesting ideas and making awards, and to establish fees as the board considers necessary to ensure timely and responsive assistance from all state agencies. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] D. The board has the sole and exclusive authority to make cash or honorary awards under the system. All decisions of the board are final and are not subject to judicial review. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] E. The board shall forward all suggestions to the Office of Program Evaluation and Government Accountability, as established by Title 3, section 991 , a minimum of 2 times per year. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).] [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

4. Ineligible employees. The board may exclude certain levels of positions from participation in the system. Persons in positions enumerated in chapter 71 or in Title 2, sections 6 to 6‑E are not eligible to receive cash awards under the system. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

5. Maximum cash award; cost savings. The maximum cash award approved for a suggestion that is implemented and results in cost savings is limited to 10% of the first year's estimated All Other savings or $2,000, whichever is less. Except as provided in subsection 6 , an award may not be made for any suggested savings of less than $250. Any cash awards approved by the board must be charged against the fund or funds to which estimated savings apply. If it is not possible to reasonably estimate the savings, the board may pay an initial amount and pay an additional amount at the end of the first year or may pay the full amount at the end of the first year. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

6. Improvements to service without cost savings. Upon the recommendation of the agency head of the affected program, the board may approve an award not to exceed $100 for a suggestion that results in improved services or operation of the program but does not result in identifiable cost savings. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

7. Reductions in service. An award may not be approved by the board for a suggestion that generates savings through a reduction of services, unless it is an identified duplication of services. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

8. Confidentiality. The name of the person with the suggestion must be treated confidentially by the board and any other person handling the suggestion until a final decision is made by the board, if requested by the person with the suggestion. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

9. Assistance. Any department or other organization of State Government shall provide whatever assistance the board requests for evaluating suggestions or other purposes. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

10. Administration. Notwithstanding any other law, whenever an award is made from a fund, an equal amount must be transferred from the same fund to a special revenue fund available to the Department of Administrative and Financial Services to be used to administer the system. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

11. Promotion. The board shall ensure that all employees are aware of the system and the potential award amounts. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]

12. Discrimination prohibited. A supervisor or other person in authority may not discriminate against an employee regarding the employee's compensation terms, conditions, location or privilege of employment because the employee acting in good faith has suggested savings or efficiencies under this chapter. The remedies available under Title 26, chapter 7, subchapter 5‑B apply to a person subject to any such discrimination. [PL 2003, c. 692, §1 (NEW); PL 2003, c. 692, §2 (AFF).]
5 M.R.S. § 194-F — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-F
5 §194-F. Court approval
Status: in_force

1. Filing of court action. To obtain approval of a conversion transaction when the independent appraisal of the fair market value of the assets to be converted is $500,000 or more, a public charity must file an action in Superior Court in the county in which the public charity's service area is located or in Kennebec County. Concurrent with filing an action in Superior Court, a public charity must file with the court and the Attorney General a conversion plan and a plan for distributing proceeds of the conversion consistent with section 194‑H . The Attorney General must be made a party to the action. [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Court action. The court shall approve a proposed conversion transaction under subsection 1 if the court finds by a preponderance of the evidence that the criteria set forth in section 194‑G have been satisfied. The court may deny approval of a conversion transaction or may approve the transaction with or without modifications or conditions. The court may require any entity that receives the assets of the public charity as a result of the conversion to report annually to the Attorney General and the public and may require the entity to submit to monitoring and oversight by the Attorney General. [PL 2001, c. 550, Pt. A, §2 (NEW).]

3. Public notice. Within 5 days of filing an action under subsection 1 , a public charity shall publish notice to the public of its intent to enter into a conversion transaction. Notice must be published once per week for 3 weeks in a newspaper of general circulation in the charity's service area and must meet the following criteria. A. A notice under this subsection must describe the proposed transaction, including the parties, the value of the transaction, the timing of the transaction, the potential impact on services to the public and the proposed plan for utilizing the proceeds. The public notice must also include the court docket number and provide information on opportunities for the public to provide comment on the proposal to the Attorney General. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The notice must be published in languages other than English whenever a significant number or percentage of the population eligible to be served or likely to be directly affected by the service or purpose of the public charity needs information in a language other than English to communicate effectively. For purposes of this paragraph, "significant number" is defined as 5% or 1,000, whichever is less, of the population of persons eligible to be served or likely to be directly affected. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

4. Public access to conversion plan. The Attorney General shall make a conversion plan, the plan for distribution of proceeds, the valuation and any other documents filed under subsection 1 that are public records under Title 1, chapter 13, subchapter I and that are available electronically available for viewing on the Attorney General's publicly accessible site on the Internet as soon as feasible after the documents are filed with the Attorney General. [PL 2001, c. 550, Pt. A, §2 (NEW).]

5. Contracts with consultants; reimbursement for costs. To assist in the review of a proposed conversion transaction pursuant to this section, the Attorney General, at the Attorney General's sole discretion, may contract with experts or consultants the Attorney General considers appropriate. A. Contract costs incurred by the Attorney General pursuant to this subsection may not exceed an amount that is reasonable and necessary to conduct the review of the proposed conversion transaction. Costs must be approved in advance by the court. The public charity filing an action under subsection 1 shall pay the Attorney General promptly upon request for all costs of contracts entered into by the Attorney General and approved by the court pursuant to this subsection. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The Attorney General is exempt from the provisions of applicable state laws regarding public bidding procedures for purposes of entering into contracts pursuant to this subsection. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

6. Filing with Secretary of State. A public charity shall file a copy of the court's approval under this section with the Secretary of State. [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 18803 — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18803
5 §18803. Assistance by board
Status: in_force

1. Staff assistance. The board may authorize the retirement system staff to give assistance to the advisory committee. [PL 1989, c. 811, §3 (NEW).]

2. Expenses. The board may authorize the payment of necessary expenses incurred in the operation of the advisory committee from the funds allocated for that purpose based upon a budget submitted by the advisory committee. [PL 1989, c. 811, §3 (NEW).]

3. Duties of the board. Nothing in this chapter alters the duties of the board to administer the retirement plan of participating local districts. [PL 1989, c. 811, §3 (NEW).]
5 M.R.S. § 18552 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18552
5 §18552. Designated beneficiary
Status: in_force

A qualifying member may designate a beneficiary to receive benefits upon the qualifying member's death by filing a written designation of beneficiary with the chief executive officer. The last designation of any beneficiary revokes all previous designations. In order to be in effect, the written designation must be received by the retirement system office or be postmarked before the qualifying member's death. [PL 2011, c. 449, §20 (AMD); PL 2021, c. 548, §45 (REV).]

1. Designation of more than one beneficiary. A member may designate more than one person as a beneficiary subject to the following limitations. A. If more than one person is designated as a beneficiary and: (1) If one of the persons designated is eligible to receive benefits under section 18553, subsection 3 and the other persons designated are eligible to receive benefits under section 18553, subsection 4 , there is no limit to the number of persons eligible to receive benefits under section 18553, subsection 4 who may be designated; (2) If all of the persons designated are eligible to receive benefits under section 18553, subsection 4 , there is no limit to the number of persons who may be designated; or (3) If all of the persons designated are eligible to receive benefits under section 18553, subsection 5 , no more than 2 persons may be designated. [PL 1989, c. 658, §5 (NEW).] B. If the person designated as a beneficiary is the member's spouse, that designation includes all of the member's dependent children so long as the person designated meets the definition of spouse in section 17001, subsection 39 . [PL 1989, c. 658, §5 (NEW).] [PL 1989, c. 658, §5 (NEW).]

2. Limitations. If a member designates as beneficiaries 2 or more persons, all must meet the requirements of one, and only one, of the subparagraphs of subsection 1, paragraph A , otherwise their eligibility to receive a benefit under this article shall be limited to section 18553, subsection 1 or section 18554. [PL 1989, c. 658, §5 (NEW).]
5 M.R.S. § 1743-A — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1743-A
5 §1743-A. Competitive bids; advertisement
Status: repealed

Any contract for the construction, major alteration or repair of school buildings involving a total cost in excess of $250,000, except contracts for professional, architectural and engineering services and contracts for energy conservation services in accordance with Title 20‑A, section 15915 , must be awarded by competitive bids. The school district directors, school committee, building committee or whatever agency has responsibility for the construction, major alteration or repair shall, after consultation with the Director of the Bureau of General Services, seek sealed proposals. Sealed proposals must be addressed to the responsible agency and must remain sealed until publicly opened in the presence of the responsible agency or a committee of the responsible agency at such time as the responsible agency may direct. Competitive bids may be waived in individual cases involving unusual circumstances with the written approval of the Director of the Bureau of General Services and the Commissioner of Education. [PL 2011, c. 691, Pt. B, §11 (AMD).]

When a contract requires that maintenance and service following completion of a project be provided by the person responsible for the construction, major alteration or repair of that project, the cost for the ongoing maintenance and service must be included in determining the total cost of the project and the need to award the project by competitive bid. When a school administrative unit enters into 2 or more contracts for construction, major alteration or repair of school buildings within a 6-month period and the total of those projects exceeds $250,000, the contracts for those projects must be awarded by competitive bid. [PL 2011, c. 352, §1 (NEW).] Revisor's Note: §1743-A. Design of buildings (As enacted by PL 1973, c. 176 was REPEALED by PL 1973, c. 625, §30)
5 M.R.S. § 1825-B — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-B
5 §1825-B. Bids, awards, contracts and grants
Status: in_force

1. Purchases by competitive bidding. The Director of the Bureau of General Services shall purchase collectively all goods and services for the State or any department or agency of the State in a manner that best secures the greatest possible economy consistent with the required grade or quality of the goods or services. Except as otherwise provided by law, the Director of the Bureau of General Services shall make purchases of goods or services needed by the State or any department or agency of the State through competitive bidding. [PL 1991, c. 780, Pt. Y, §70 (AMD).]

2. Waiver. The requirement of competitive bidding may be waived by the Director of the Bureau of General Services when: A. The procurement of goods or services by the State for county commissioners pursuant to Title 30‑A, section 124 , involves the expenditure of $2,500 or less, and the interests of the State would best be served; [PL 1999, c. 105, §1 (AMD).] B. The Director of the Bureau of General Services is authorized by the Governor or the Governor's designee to make purchases without competitive bidding because in the opinion of the Governor or the Governor's designee an emergency exists that requires the immediate procurement of goods or services; [PL 1995, c. 119, §1 (AMD).] C. After reasonable investigation by the Director of the Bureau of General Services, it appears that any required unit or item of supply, or brand of that unit or item, is procurable by the State from only one source; [PL 1991, c. 780, Pt. Y, §70 (AMD).] D. It appears to be in the best interest of the State to negotiate for the procurement of petroleum products; [PL 1989, c. 785, §2 (NEW).] E. The purchase is part of a cooperative project between the State and the University of Maine System, the Maine Community College System, the Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State involving: (1) An activity assisting a state agency and enhancing the ability of the university system, community college system, Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State to fulfill its mission of teaching, research and public service; and (2) A sharing of project responsibilities and, when appropriate, costs; [PL 2011, c. 555, §1 (AMD).] F. The procurement of goods or services involves expenditures of $25,000 or less, in which case the Director of the Bureau of General Services may accept informal written quotes or bids; or [PL 2023, c. 516, Pt. A, §1 (AMD).] G. The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need. [PL 1999, c. 105, §3 (AMD).] [PL 2023, c. 516, Pt. A, §1 (AMD).]

3. Report. By January 15th of each year the Director of the Bureau of General Services shall submit to the joint standing committee of the Legislature having jurisdiction over state and local government a report concerning any waivers from the competitive bidding provisions established in subsection 2, paragraph E . [PL 1991, c. 780, Pt. Y, §70 (AMD).]

4. Registry of suppliers. Suppliers desiring to have their names entered on a registry of suppliers must submit a request to the Director of the Bureau of General Services in writing. The Director of the Bureau of General Services may prescribe the manner and form in which such a request must be submitted and may limit the number of names of out-of-state bidders on any registry. The name of any supplier entered in such a registry who fails to submit a bid on 3 consecutive proposals or invitations to bid may be removed from the registry at the discretion of the Director of the Bureau of General Services, except that the Department of Corrections remains on any registry until the Department of Corrections requests that the department be removed from that registry. [PL 1991, c. 780, Pt. Y, §70 (AMD).]

5. Alternate bids. When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term "or approved equal," if not inserted with the identification, is implied. There is a presumption that any reference to a particular manufacturer's product either by trade name or by limited description has been made solely for the purpose of more clearly indicating the minimum standard of quality desired. Consideration must be given to proposals submitted on approved equal alternate commodities to the extent that such action serves the best interest of the State. The bidder submitting a proposal on a commodity other than as specified shall furnish complete identification, descriptive literature or data with respect to the alternate commodity that the bidder proposes to furnish. Lack of such information on the bid must be construed to mean that the bidder proposes to furnish the exact commodity described. The State reserves the right to reject any bids, in whole or in part, to waive any formality or technicality in any bid and to accept any item in any bid. [PL 1989, c. 785, §2 (NEW).]

6. Record of bids. Each bid, with the name of the bidder, must be entered on a record. Each record, with the successful bid indicated, must be open to public inspection after the letting of the contract or grant. A bond for the proper performance of each contract or grant may be required of each successful bidder at the discretion of the Director of the Bureau of General Services, with the approval of the Commissioner of Administrative and Financial Services. [PL 2015, c. 179, §2 (AMD).]

7. Awards to best-value bidder. Except as otherwise provided by law, competitively awarded orders, grants or contracts made by the Director of the Bureau of General Services or by any department or agency of the State must be awarded to the best-value bidder, taking into consideration the qualities of the goods or services to be supplied, their conformity with the specifications, the purposes for which they are required, the date of delivery and the best interest of the State. If the bidder that was initially awarded the order, grant or contract does not perform, the Director of the Bureau of General Services may cancel the order, grant or contract and award a new order, grant or contract to the 2nd best-value bidder. The order, grant or contract may not be awarded to a bidder that the Director of the Bureau of General Services determined was not in compliance at the time the initial bid was submitted. [PL 2015, c. 179, §2 (AMD).]

8. Tie bids. The Director of the Bureau of General Services shall award contracts, grants or purchases to in-state bidders or to bidders offering commodities produced or manufactured in the State if the price, quality, availability and other factors are equivalent. [PL 2015, c. 179, §2 (AMD).]

9. Determination of best-value bidder. In determining the best-value bidder, the Director of the Bureau of General Services or any department or agency of the State shall, for the purpose of competitively awarding a contract or grant, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. [PL 2015, c. 179, §2 (AMD).]

10. List of state preferences published. The Director of the Bureau of General Services on or before January 1st of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each such state. The Director of the Bureau of General Services or any department or agency of the State may rely on the names of states and percentages as published in determining the best-value bidder without incurring any liability to any bidder. [PL 1997, c. 263, §2 (AMD).]

11. Rulemaking; unfair competition. State departments and agencies may not achieve cost savings due to cost differentials that derive from a bidder's failure to provide health and retirement benefits to its employees. The Chief Procurement Officer shall adopt rules governing the purchase of services and the awarding of grants or contracts for personal services to establish a basis for bid price and cost comparison among businesses that provide health and retirement benefits to their employees and those that do not provide these benefits. The rules must include a methodology for calculating bid price and cost differentials for services provided by businesses and state employees due to the provision of health and retirement benefits for employees. The rules must adjust the bid prices to establish an equivalent basis for bid price and cost comparison among businesses when awarding contracts or grants and between businesses and state employees when determining whether or not a contract or grant is permitted under section 1816‑A . These rules must apply to all state departments and agencies. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2023, c. 516, Pt. B, §20 (AMD).]

12. Vendor's fee. The Chief Procurement Officer may collect a fee in an amount equal to 1% of the bid from a supplier of apparel, footwear or textiles with a winning bid under this section. The Chief Procurement Officer shall apply the fee under this subsection to the costs of implementing and administering the state purchasing code of conduct under section 1825‑L , including developing a consortium to monitor and investigate alleged violations of the code of conduct. The Chief Procurement Officer shall adopt routine technical rules under chapter 375, subchapter 2‑A to carry out the purposes of this subsection. [PL 2023, c. 516, Pt. B, §21 (AMD).]

13. Vendor's fee report. By January 15th of each year the Director of the Bureau of General Services shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters concerning revenue generated by the vendor's fee established in subsection 12 . [PL 2007, c. 193, §2 (NEW).]

14. Condition of doing business with the State. Notwithstanding any provision of law to the contrary, any purchase by the State of $100,000 or more of tangible personal property, except for public utility purchases, as defined in Title 36, section 1752, subsection 17 , or emergency purchases pursuant to subsection 2, paragraph B , may be made only from a person who is registered as a seller pursuant to Title 36, section 1754‑B . As a condition of doing business with the State, the seller must collect, report and remit taxes in accordance with Title 36, Part 3 . As provided in this subsection, the State is prohibited from doing business with a person who is not registered as a seller pursuant to Title 36, section 1754‑B and is not in compliance with the requirement to collect, report and remit taxes pursuant to Title 36, Part 3 . After notification of the award, the seller must provide the Chief Procurement Officer with a valid retailer certificate issued by the State Tax Assessor within 7 business days. If the seller fails to provide the registration certificate within 7 business days, the Chief Procurement Officer may cancel the award and make a new award pursuant to subsection 7 . The Chief Procurement Officer shall provide the State Tax Assessor with a copy of all contracts and grants awarded pursuant to this section. The State Tax Assessor shall notify the Chief Procurement Officer if at any time during the term of the contract or grant the person is no longer registered or is not collecting, reporting and remitting taxes in compliance with the requirements of Title 36, Part 3 . Until the noncompliance is corrected, the Chief Procurement Officer may withhold any payments to the person. [PL 2023, c. 516, Pt. B, §22 (AMD).]

15. Records. Beginning January 1, 2026, the Director of the Bureau of General Services shall preserve, consistent with applicable record retention schedules established and published by the Department of the Secretary of State, Maine State Archives, and make available on a publicly accessible website all records and documents regarding the competitive bidding process, including notices of intent to waive competitive bidding under this section and supporting documents and competitive solicitations and supporting documents, including question-and-answer summaries, evaluation team packets and award decision letters. All proposals submitted in response to a solicitation and resulting in an award are public documents, unless otherwise excepted by statute. [PL 2025, c. 405, §1 (NEW).]
5 M.R.S. § 18532 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18532
5 §18532. Voluntary return to service
Status: in_force

1. Right to reinstatement. If a person who is the recipient of a disability retirement benefit decides that the person is no longer incapacitated and is able to perform the duties of that person's employment position, the employer for whom the person last worked before becoming disabled shall reinstate the person to the first available position for which the person is qualified and which is consistent with the person's prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the person may claim by virtue of seniority accumulated at the time of the disability, unless otherwise specified in the collective bargaining agreement. [PL 1989, c. 409, §§11, 12 (NEW).]

2. Dispute over mental or physical capacity. If there is a dispute between the person and the former employer over the person's mental or physical capacity to perform a specific job, at the option of the person that dispute must be resolved by a majority of 3 medical providers, one appointed and reimbursed by the person, one appointed and reimbursed by the employer and one appointed and reimbursed by the retirement system. If the 3 medical providers resolve the dispute in favor of the person, the former employer must reimburse the medical provider appointed by the person. [PL 2017, c. 88, §34 (AMD).]

3. Termination or reduction in benefits. At any time before the elimination of disability retirement benefit payments under section 18530, subsection 3 , the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]

4. Reinstatement of benefits. If, during the first 5 years of reinstatement, the person again becomes disabled and terminates employment, the retirement system shall resume paying the disability retirement benefit payable before the reinstatement with all applicable cost-of-living adjustments, or if greater, a disability retirement benefit based upon the person's current average final compensation. The chief executive officer may require examinations or tests to determine whether the person is disabled under section 18521 . [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 13056-E — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13056-E
5 §13056-E. Assistance from Communities for Maine's Future Fund
Status: in_force

1. Application for downtown improvement or asset grants. In addition to the other forms of financial assistance available, an eligible municipality or group of municipalities may apply for a downtown and community development grant from the Communities for Maine's Future Fund established in section 13056‑D, subsection 7 and referred to in this section as "the fund," the proceeds of which must be used to acquire, design, plan, construct, enlarge, repair, protect or enhance downtown improvements or assets. The department may prescribe an application form or procedure for an eligible municipality or group of municipalities to apply for a grant under this section. The application must include all information necessary for the purpose of implementing this section. [RR 2017, c. 1, §3 (COR).]

2. Eligibility certification. In addition to criteria established in section 13056‑D : A. The applicant must certify that it has secured all permits, licenses and approvals necessary to construct the improvements to be financed by the grant; [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. The department must affirm that the applicant has met the conditions of this paragraph. (1) A municipality is eligible to receive a grant if that municipality has adopted a growth management program certified under section 3233 that includes a capital improvement program composed of: (a) An assessment of all public facilities and services, including, but not limited to, roads and other transportation facilities, sewers, schools, parks and open space, fire departments and police departments; (b) An annually reviewed 5-year plan for the replacement and expansion of existing public facilities or the construction of such new facilities as are required to meet expected growth and economic development. The plan must include projections of when and where those facilities will be required; and (c) An assessment of the anticipated costs for replacement, expansion or construction of public facilities, an identification of revenue sources available to meet these costs and recommendations for meeting costs required to implement the plan. Subject to the limitations of this subsection, 2 or more municipalities that each meet the requirements of divisions (a), (b) or (c) may jointly apply for assistance under this section; and [PL 2025, c. 388, Pt. D, §17 (AMD).] C. The department must affirm that the applicant has met the conditions of this paragraph. A municipality is eligible to receive a downtown improvement grant if that municipality has: (1) Shown broad-based support for downtown revitalization; (2) Established a comprehensive downtown revitalization work plan, including a definition and a map of the affected area; (3) Developed measurable goals and objectives; (4) Demonstrated a historic preservation ethic; (5) Developed the capacity to report on the progress of the downtown program; and (6) Established the ability and willingness to support integrated marketing efforts for retailers, services, activities and events. [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2025, c. 388, Pt. D, §17 (AMD).]

3. Criteria; conditions for downtown village center grants. The department shall develop criteria and conditions for the award of downtown and village center grants to eligible municipalities subject to the requirements of this section, including: A. Basic criteria for redevelopment or revitalization of a downtown growth area as defined under Title 30‑A, section 4301, subsection 6‑C or village; [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] B. A preference for capital investment projects that provide substantial regional benefits; [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] C. The adoption of other criteria as the department determines necessary to ensure that grants made under this section maximize the ability of municipalities to accommodate planned growth and economic development; [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] D. Consistency with the municipality's comprehensive plan or local growth management program; [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] E. Leveraging of other private, federal or local dollars; and [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] F. Economic gain to the community, including tax income and jobs created. [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).] [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]

4. Coordination. The department shall coordinate the grants made under this section with community assistance loans and grants administered by the department and with other state assistance programs designed to accomplish similar objectives, including those administered by the Department of Education, the Department of Transportation, the Finance Authority of Maine, the Maine State Housing Authority, the Maine Historic Preservation Commission, the Department of Administrative and Financial Services, the Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection. [PL 2011, c. 655, Pt. JJ, §2 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

5. Report to the Legislature. The department shall report to the joint standing committee of the Legislature having jurisdiction over economic development matters no later than January 1st of each odd-numbered year on the grants program. The department may make any recommendations it finds necessary to more effectively achieve the purposes of this section, including the appropriation of any necessary additional funds. [PL 2009, c. 414, Pt. G, §2 (NEW); PL 2009, c. 414, Pt. G, §5 (AFF).]
5 M.R.S. § 103 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 103
5 §103. Fees
Status: in_force

1. Filing fees. The Secretary of State shall collect the following fees when a filing is made under this chapter: A. Commercial clerk or commercial registered agent listing statement as required by section 106 , $150; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. Commercial clerk or commercial registered agent termination as required by section 107 , $150; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. Statement of appointment or change of clerk or registered agent by entity as required by section 105, subsection 1 or section 108 , $35; except a statement filed for nonprofit corporations formed under Title 13‑B , $15; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] D. Statement of change of name or address by noncommercial clerk or noncommercial registered agent as required by section 109 , $35; except a statement filed for nonprofit corporations formed under Title 13‑B , $15; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] E. Statement of change of name, address or type of organization by commercial clerk or commercial registered agent as required by section 110 , $50; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] F. Statement of resignation by commercial clerk or commercial registered agent as required by section 111 , no fee; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] G. Statement of resignation by noncommercial clerk or noncommercial registered agent as required by section 111 , $35; except a statement filed for nonprofit corporations formed under Title 13‑B , $15; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] H. Statement of appointment of agent for service of process for nonfiling domestic entity or nonqualified foreign entity, $100. [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. Copying and certification fees. The Secretary of State shall collect the following fees for copying and certifying a copy of any document filed under this chapter: A. For copying, $2 a page; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. For certifying the copy, $5 for a certificate. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 18200 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18200
5 §18200. Name, establishment and purpose
Status: in_force

There is established the Participating Local District Retirement Program as a governmental qualified defined benefit plan pursuant to Sections 401(a) and 414(d) of the Internal Revenue Code and such other provisions of the Internal Revenue Code and United States Treasury regulations and other guidance as are applicable, which has the powers and privileges of a corporation. [PL 2009, c. 474, §26 (AMD).]

The purpose of the Participating Local District Retirement Program is to provide retirement allowances and other benefits under this chapter for employees of participating local districts. [PL 2007, c. 491, §181 (NEW).]
5 M.R.S. § 18451-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18451-A
5 §18451-A. Qualification for benefits for members covered under chapter 427
Status: in_force

Qualification for service retirement benefits for a member covered under chapter 427 is governed by subsection 1 or 2 , unless the requirements of a special plan, as established by the board by rule, have been met. [PL 2013, c. 391, §10 (NEW).]

1. Members prior to July 1, 2014. Qualification for a service retirement benefit for a member covered under chapter 427 who was a member of a plan provided under chapter 427 prior to July 1, 2014 is governed by section 18451 . [PL 2013, c. 391, §10 (NEW).]

2. Members after June 30, 2014. Qualification for a service retirement benefit for a member who is first covered under chapter 427 after June 30, 2014 is governed as follows. A. A member who is in service when reaching 65 years of age, or is in service after reaching 65 years of age, qualifies for a service retirement benefit if the member: (1) Retires upon or after reaching 65 years of age and has been in service for a minimum of one year immediately before retirement; or (2) Has at least 5 years of creditable service, which, for the purposes of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program. [PL 2013, c. 588, Pt. E, §4 (AMD).] B. A member who is not in service when reaching 65 years of age qualifies for a service retirement benefit if the member: (1) Retires upon or after reaching 65 years of age; and (2) Has at least 5 years of creditable service, which, for the purposes of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program. [PL 2013, c. 391, §10 (NEW).] C. A member, whether or not in service at retirement, who has completed 25 or more years of creditable service qualifies for a service retirement benefit if the member retires at any time after completing 25 years of service, which may include, for the purpose of meeting eligibility requirements, creditable service as a member of the Legislative Retirement Program. [PL 2013, c. 391, §10 (NEW).] [PL 2013, c. 588, Pt. E, §4 (AMD).]
5 M.R.S. § 19006 — ME Code / Title 5 / Part 21 / Chapter 431 / Section 19006
5 §19006. Rules and regulations
Status: in_force

The state agency shall make and publish such rules and regulations, not inconsistent with this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 2051 — ME Code / Title 5 / Part 5 / Chapter 191 / Section 2051
5 §2051. Number of words to a written page
Status: in_force

Two hundred and forty words constitute a written "page", if the writing contains that number, and, where no other rule is provided, public officers shall be allowed for copies which they are required by law to furnish, 12¢ a page; for affixing an official seal to the same, when necessary, 25¢ more.
5 M.R.S. § 8063-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8063-A
5 §8063-A. Analysis of benefits and costs
Status: in_force

In addition to the economic impact statement required under section 8052, subsection 5‑A and the fiscal impact note required under section 8063 , an agency may, within existing budgeted resources and in instances in which the consideration of costs is permitted, conduct an analysis of the benefits and costs of a proposed rule to evaluate the effects of the rule on the distribution of benefits and costs for specific groups and on the overall economic welfare of the State. [PL 2011, c. 304, Pt. B, §1 (NEW).]

1. Contents of a cost-benefit analysis. To the extent permitted within existing resources, a cost-benefit analysis conducted under this section must include, at a minimum, the following information: A. Specification of the baseline condition for the analysis, including all required parameters for the analysis, all assumptions made in specifying the baseline condition and specification of the analysis period; [PL 2011, c. 304, Pt. B, §1 (NEW).] B. A description of the methods used to discount future benefits and costs, preferably based on the federal Office of Management and Budget's discount rate for federal projects; [PL 2011, c. 304, Pt. B, §1 (NEW).] C. An analysis of changes in the level of economic activity in the State as measured by employment, income and outputs; and [PL 2011, c. 304, Pt. B, §1 (NEW).] D. An estimate of the discounted benefits and costs of the proposed rule over the baseline condition, including benefits and costs to specific groups and changes in the economic welfare of the State as a whole over the baseline condition. [PL 2011, c. 304, Pt. B, §1 (NEW).] [PL 2011, c. 304, Pt. B, §1 (NEW).]

Prior to conducting a cost-benefit analysis under this section, an agency shall determine that sufficient staff expertise and budgeted resources exist within the agency to complete the analysis. The agency shall include a cost-benefit analysis with a copy of a proposed rule when responding to a request for the proposed rule under section 8053, subsection 3‑A . When the analysis is conducted on a provisionally adopted major substantive rule, the analysis must be included with the materials submitted to the Executive Director of the Legislative Council under section 8072, subsection 2 . A cost-benefit analysis conducted under this section is not subject to judicial review under section 8058 . [PL 2011, c. 304, Pt. B, §1 (NEW).]
5 M.R.S. § 17810 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17810
5 §17810. Earnable compensation continued
Status: in_force

For purposes of determining benefits under this chapter, the earnable compensation of a member retired with a disability retirement allowance under article 3 is assumed to be continued after the member's date of termination of service: [RR 2023, c. 2, Pt. B, §115 (COR).]

1. Rate. At the same rate as received immediately before the date of termination of service; and [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Percentage adjustments. Subject to the same percentage adjustments, if any, that may apply to the amount of retirement allowance of the beneficiary under section 17806 . [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 200-C — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-C
5 §200-C. State Fraud Division
Status: in_force

1. Establishment. The Attorney General is authorized to create a State Fraud Division, hereinafter referred to in this section as the "division," within the Department of the Attorney General. [PL 1975, c. 715, §1 (NEW).]

2. Purpose. The purpose of the division shall be to investigate and prosecute, including actions for civil recovery, any act of fraud or attempted fraud perpetrated against the State or any department, agency or commission thereof. The division shall not have primary responsibility for the investigation of any act of fraud or attempted fraud or incident of commingling or misapplication of funds pursuant to Title 22, section 13, subsection 2 . [PL 1975, c. 715, §1 (NEW).]

3. Cooperation, information. All agencies of the State and municipal governments shall cooperate fully with the division, rendering any assistance requested by the division. Every head of a department, bureau, division, commission or any other unit of State Government shall report in writing to the division any suspected act of fraud or attempted fraud or violation of any law in connection with funds of the State. Any such act or violation involving funds administered by the Department of Health and Human Services shall be reported pursuant to Title 22, section 13, subsection 3 . [PL 1975, c. 715, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

All information in the files of any department, commission or agency of State Government, regardless of any statute relating to confidentiality, shall be available to the division for use in connection with its official purpose. [PL 1975, c. 715, §1 (NEW).]
5 M.R.S. § 4654 — ME Code / Title 5 / Part 12 / Chapter 337-A / Section 4654
5 §4654. Hearings
Status: in_force

1. Full hearing. A hearing must be held at which the plaintiff shall prove the allegation of harassment by a preponderance of the evidence. [RR 2003, c. 2, §8 (COR).]

2. Temporary orders. The court may enter any temporary orders, authorized under subsection 4 , without written or oral notice to the defendant or the defendant's attorney if: A. It appears clearly from a verified complaint or an affidavit accompanying the complaint that: (1) Before the defendant or the defendant's attorney can be heard, the plaintiff or the plaintiff's employees may be in immediate and present danger of physical abuse from the defendant or in immediate and present danger of suffering extreme emotional distress as a result of the defendant's conduct, or the plaintiff's business property is in immediate and present danger of suffering substantial damage as a result of the defendant's actions; (2-A) If the alleged harassment does not meet the definition in section 4651, subsection 2, paragraph C or is not related to an allegation of domestic violence, violence against a dating partner, sexual assault or stalking, the plaintiff has obtained a copy of a notification issued against the other person as described in Title 17‑A, section 506‑A, subsection 1, paragraph A , subparagraph (1), division (a) or the plaintiff has filed a statement of good cause why such relief was not sought or why such a notice was not issued; and (3) The plaintiff has provided sufficient information to substantiate the alleged harassment; and [PL 2011, c. 559, Pt. C, §4 (AMD).] B. [PL 2011, c. 559, Pt. C, §5 (RP).] C. The court provides written reasons for entering a temporary order. [PL 1987, c. 515, §1 (NEW).] In making the determination required under paragraph A, the court may consider the existence of an active military protective order. [PL 2025, c. 90, §2 (AMD).]

3. Emergency relief. Emergency relief is available as follows. A. When there is no judge available in the District Court having venue or the District Court courthouse is closed and no other provision can be made for protection of a victim of harassment, a complaint may be presented to any judge of the District Court or Justice of the Superior Court. Upon a meeting of the requirements of subsection 2 , the court may enter any temporary orders, authorized under subsection 4 , as the court considers necessary to protect the plaintiff from harassment. [PL 2003, c. 658, §6 (AMD).] B. If a complaint is presented under this subsection, the complaint and any order issued pursuant to the complaint must be immediately certified to the clerk of the District Court having venue for filing. This certification to the court has the effect of commencing proceedings and invoking the other provisions of this chapter. [PL 2003, c. 658, §6 (AMD).] C. An order remains in effect pending a hearing pursuant to subsection 1 . [PL 2003, c. 658, §6 (AMD).] [PL 2003, c. 658, §6 (AMD).]

4. Interim relief. The court, in an ex parte proceeding, may enjoin the defendant from engaging in any of the following: A. Imposing any restraint upon the person or liberty of the plaintiff or the plaintiff's employees; [PL 1995, c. 265, §5 (AMD).] B. Threatening, assaulting, molesting, harassing or otherwise disturbing the peace of the plaintiff or the plaintiff's employees; [PL 1995, c. 265, §5 (AMD).] C. Entering the plaintiff's residence or property, provided that the court may not use this subsection to evict a defendant from the rental premises in an action brought by a plaintiff; [PL 1995, c. 265, §6 (AMD).] D. Taking, converting or damaging property in which the plaintiff may have a legal interest; [PL 1993, c. 680, Pt. A, §11 (AMD).] E. [PL 1995, c. 650, §5 (RP).] F. Repeatedly and without reasonable cause: (1) Following the plaintiff; or (2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment; [PL 2015, c. 410, Pt. C, §2 (AMD); PL 2015, c. 443, §2 (AMD).] G. Having any direct or indirect contact with the plaintiff; [PL 2017, c. 288, Pt. A, §5 (AMD).] H. Engaging in the unauthorized dissemination of certain private images as prohibited pursuant to Title 17‑A, section 511‑A ; or [PL 2017, c. 288, Pt. A, §6 (RPR).] I. Destroying, transferring or tampering with the plaintiff's passport or other immigration document in the defendant's possession. [PL 2017, c. 288, Pt. A, §7 (NEW).] If the court enjoins the defendant under this subsection, and the enjoined conduct constitutes harassment under Title 17‑A, section 506‑A , the court shall include in the order a warning in conformity with Title 17‑A, section 506‑A . [PL 2017, c. 288, Pt. A, §§5-7 (AMD).]

5. Service of order. If the court issues a temporary order or orders emergency or interim relief, the court shall order a law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 or, if the defendant is in the custody of the Department of Corrections, the Department of Corrections to serve the defendant personally with the order, the complaint and the summons. The court shall cause the order to be delivered to the law enforcement agency, the court security officer or the correctional facility in which the defendant is incarcerated as soon as practicable following the issuance of the order, and the law enforcement agency, court security officer or chief administrative officer of the correctional facility or the chief administrative officer's designee shall make a good faith effort to serve process expeditiously. [PL 2009, c. 94, §1 (AMD).]

6. Dissolution or modification. Notwithstanding any statutory provision to the contrary, on 2 days' notice to the plaintiff or on such shorter notice as the court may order, a person who is subject to any order may appear and move the dissolution or modification of the order and in that event the court shall proceed to hear and determine the motion. The hearing on the motion may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. At that hearing, the plaintiff has the burden of justifying any finding in the ex parte order that the defendant has challenged by affidavit. Nothing in this section may be construed to abolish or limit any means, otherwise available by law, for obtaining dissolution, modification or discharge of an order. [PL 2011, c. 559, Pt. C, §6 (AMD).]

7. Extension. If a hearing under subsection 1 is continued, the court may make or extend such temporary orders as it deems necessary. [PL 1987, c. 515, §1 (NEW).]

8. Service of order; use of electronic copies. Notwithstanding any other provision of law, service of an order may be made pursuant to this section through the use of electronically transmitted printed copies of orders that have been transmitted directly from the court to the law enforcement agency or correctional facility making service. Return of proof of service may be made by electronic transmission of the proof of service directly to the court from the law enforcement officer making service or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility making service. In any subsequent criminal prosecution for violation of this section when the service of an order was made through the use of an electronically transmitted printed copy of the order, with 10 days' advance written notice to the prosecution, the defendant may request that the prosecution call as a witness the law enforcement officer who served the order or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility that served the order. [PL 2009, c. 555, §1 (NEW).]
5 M.R.S. § 4598 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4598
5 §4598. Enforcement
Status: in_force

The Superintendent of Financial Institutions and the Superintendent of Consumer Credit Protection shall cooperate with the Maine Human Rights Commission in its enforcement of this subchapter. [PL 1995, c. 17, §1 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]
5 M.R.S. § 200-E — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-E
5 §200-E. Medical records furnished to prosecutor in certain cases
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Medical records" means all the records of the examination or treatment of a person relating to the alleged criminal act, in whatever medium preserved, including, but not limited to, records that are made confidential by any other provision of law. [RR 2023, c. 2, Pt. B, §30 (COR).] B. "Victim" means a person who is or was the object of an alleged criminal act. For the purposes of this section, a person who is certified by the prosecutor to be a victim is considered a victim. A victim includes, but is not limited to: (1) A person certified to be deceased; (2) An abused person who has not attained 18 years of age; (3) An abused person who reasonably appears to be incapacitated; or (4) An abused person subject to guardianship, public guardianship or temporary guardianship. [RR 2023, c. 2, Pt. B, §30 (COR).] [RR 2023, c. 2, Pt. B, §30 (COR).]

2. Medical examination; criminal proceeding or investigation. In a criminal proceeding or investigation in which medical examination or treatment has been provided to a victim, upon written request of the Attorney General or any of the Attorney General's deputies or assistants whom the Attorney General designates in writing, or the district attorney or the district attorney's deputy or assistants whom the district attorney designates in writing, any individual, partnership, association, corporation, institution or governmental entity that has rendered the examination or treatment shall immediately provide the authorized person with all medical records pertaining to the medical examination or treatment that are requested by the authorized person. If the authorized person knows of circumstances or factors that would require production of fewer than all medical records, the authorized person shall attempt to request the specific medical records believed to be pertinent. A. Unless otherwise provided by state or federal law, this section on the furnishing of confidential medical records governs. [PL 1985, c. 422 (NEW).] [RR 2023, c. 2, Pt. B, §30 (COR).]

3. Medical records; copies. A person or entity that provides copies of medical records is entitled to be paid the reasonable costs of the provision of the copies as agreed upon by the person or entity that provides these copies and the authorized person making the request pursuant to this section. If the parties cannot agree, the Superior Court shall order reimbursement at a reasonable rate. The delay occasioned by any negotiations surrounding reimbursement or complaint to the Superior Court may not delay the provision of the requested medical records. [RR 2023, c. 2, Pt. B, §30 (COR).]

4. Medical records confidential. Medical records obtained by the authorized person pursuant to this section are confidential and may not be disseminated to any person other than by order of court or to a member of the staff of the authorized person, a law enforcement officer specially assigned to the criminal proceeding or investigation, or other person who, by virtue of special knowledge or training, is designated by the authorized person to assist in the performance of the authorized person's duty in the criminal proceeding or investigation. [RR 2023, c. 2, Pt. B, §30 (COR).]

5. Civil contempt. A person who is required to produce medical records by this section and intentionally or knowingly fails to do so within 20 days of the service of the written request to produce the records may be subject to civil contempt for failure to comply with the request. [RR 2023, c. 2, Pt. B, §30 (COR).]

6. Immunity from liability. An individual, partnership, association, corporation, institution or governmental entity or employee or agent of a governmental entity may not be criminally or civilly responsible for furnishing any medical records in compliance with this section. [RR 2023, c. 2, Pt. B, §30 (COR).]
5 M.R.S. § 13070-Q — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-Q
5 §13070-Q. Maine Economic Development Evaluation Fund
Status: in_force

1. Fund established. The Maine Economic Development Evaluation Fund, referred to in this section as "the fund," is established as a nonlapsing Other Special Revenue Funds account administered by the department for the purposes of funding the comprehensive economic development investments evaluation required pursuant to section 13070‑P, subsection 1 . [PL 2017, c. 264, §14 (NEW).]

2. Fund sources. The fund receives money deposited by the Treasurer of State pursuant to this section and any other gift, grant or other source of revenue deposited for funding the comprehensive economic development investments evaluation required pursuant to section 13070‑P, subsection 1 . [PL 2017, c. 264, §14 (NEW).]

3. Payments to fund. Notwithstanding section 1585 or any other provision of law: A. The department shall assess agencies or private entities that receive General Fund appropriations or general obligation bonds for economic development incentives an amount for contribution to the fund that is not to exceed 0.8% of General Fund appropriations received by or general obligation bonds issued to an agency or entity for economic development incentives. Private entities that receive funds from general obligation bonds for economic development incentives shall pay to the Treasurer of State in the fiscal year in which the general obligation bond was issued an assessment amount determined by the department that is not to exceed 0.8% of the proceeds from the bond issue in any fiscal year, which payment must be made from available resources other than bond proceeds. Only those programs that receive $250,000 or more in economic development appropriations in any fiscal year or those entities that receive funds from a general obligation bond issue of $250,000 or more for economic development incentives in any fiscal year, as identified and certified by the department and the Office of Fiscal and Program Review, may be assessed pursuant to this subsection. The department shall provide to each agency or private entity that is assessed a payment under this paragraph an annual budget for the fund and a detailed account of each institution's required assessment. Total payments made pursuant to this paragraph may not exceed $200,000 in any fiscal year; and [PL 2017, c. 264, §14 (NEW).] B. Agencies or private entities that receive General Fund appropriations or general obligation bonds for research and development activities shall contribute to the fund an amount not to exceed 0.8% of General Fund appropriations received by and general obligation bonds issued to an agency or entity for research and development activities. Private entities that receive funds from general obligation bonds for research and development activities shall pay to the Treasurer of State in the fiscal year in which the general obligation bond was issued an amount not to exceed 0.8% of the proceeds from the bond issue in any fiscal year, which payment must be made from available resources other than bond proceeds. Only those programs that receive $500,000 or more in research and development appropriations in any fiscal year, or those entities that receive funds from a general obligation bond issue of $500,000 or more for research and development activities in any fiscal year, as identified and certified by the Office of Innovation, established pursuant to section 13105 , and the Office of Fiscal and Program Review, may be assessed. The Office of Innovation shall provide to each agency or private entity that is assessed a payment under this paragraph an annual budget for the fund and a detailed account of each institution's required assessment. Total payments made pursuant to this paragraph may not exceed $200,000 in any fiscal year. [PL 2017, c. 264, §14 (NEW).] [PL 2017, c. 264, §14 (NEW).]
5 M.R.S. § 19251 — ME Code / Title 5 / Part 23 / Chapter 502 / Section 19251
5 §19251. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1989, c. 501, Pt. P, §20 (NEW).]

1. Bureau. "Bureau" means the Department of Health and Human Services, Bureau of Health. [PL 1989, c. 501, Pt. P, §20 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Community-based AIDS organization. "Community-based AIDS organization" means a nonprofit community organization whose primary purpose is to provide educational information on HIV-related illnesses, support to persons with HIV-related illnesses and assistance to families and others providing care and support to persons with HIV-related illnesses. [PL 1989, c. 501, Pt. P, §20 (NEW).]

3. Fiscal agent. "Fiscal agent" means an incorporated community organization, agency or institution designated by a community-based AIDS organization and authorized by the bureau to receive and distribute grants to that community-based AIDS organization. [PL 1989, c. 501, Pt. P, §20 (NEW).]

4. Statewide AIDS alliance. "Statewide AIDS alliance" means a statewide coalition of community-based AIDS organizations having at least one representative from each member organization. [PL 1989, c. 501, Pt. P, §20 (NEW).]
5 M.R.S. § 13080-S — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-S
5 §13080-S. Information to be provided to the assessor; approval of payment
Status: in_force

1. Certification by authority. The authority shall certify annually to the assessor by October 31st of each year, beginning in 2016, the following information: A. Employment, payroll and state withholding data necessary to calculate the base level of employment; [PL 1995, c. 644, §2 (NEW); PL 1995, c. 644, §5 (AFF).] B. The total number of employees added during the previous year within the base area above the base level of employment, including additional associated payroll and withholding data necessary to calculate the gross employment tax increment and establish the appropriate payment to the fund; [PL 1995, c. 644, §2 (NEW); PL 1995, c. 644, §5 (AFF).] C. A listing of all employers within the base area that pay withholding taxes, the locations of those employers and the number of employees at each location; and [PL 1995, c. 644, §2 (NEW); PL 1995, c. 644, §5 (AFF).] D. A listing of all affiliated businesses and affiliated groups, data regarding current employment, payroll and state income withholding taxes for each affiliated business within the base area. [PL 1995, c. 644, §2 (NEW); PL 1995, c. 644, §5 (AFF).] [PL 2015, c. 486, §2 (AMD); PL 2015, c. 486, §5 (AFF).]

2. Approval of payment. Upon receipt of the information required by this section, the assessor shall review the information by December 1st immediately following receipt of the information and shall determine the amount of the employment tax increment. If the assessor determines that the requirements of this article are satisfied, the assessor shall approve payment to the fund. [PL 2015, c. 486, §2 (AMD); PL 2015, c. 486, §5 (AFF).]

3. Deposit and payment of revenue. On or before July 15th of each year, the assessor shall deposit an amount equal to 50% of the employment tax increment for the preceding year into a contingent account established, maintained and administered by the State Controller. On or before July 31st of each year, the assessor shall pay that amount to the fund. A. [RR 2019, c. 1, Pt. A, §9 (COR); MRSA T. 5 §13080-S, sub-§3, ¶A (RP).] B. [PL 2021, c. 18, §1 (NEW); MRSA T. 5 §13080-S, sub-§3, ¶B (RP).] [PL 2021, c. 18, §1 (AMD).]

4. Additional deposit and payment of revenue in December 2016. On or before December 15, 2016, the assessor shall deposit an amount equal to 50% of the employment tax increment for the preceding year into a contingent account established, maintained and administered by the State Controller. On or before December 31, 2016, the assessor shall pay that amount to the fund. [PL 2015, c. 486, §4 (NEW); PL 2015, c. 486, §5 (AFF).] Revisor's Note: §13080-S. Travel Promotion Matching Fund Program as enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-G
5 M.R.S. § 4751 — ME Code / Title 5 / Part 12 / Chapter 337-D / Section 4751
5 §4751. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 460, §1 (NEW).]

1. Law enforcement agency. "Law enforcement agency" means an agency in the State charged with enforcement of state, county, municipal or federal laws or laws of a federally recognized Indian tribe, with the prevention, detection or investigation of criminal, immigration or customs laws or with managing custody of detained persons in the State and includes, but is not limited to, a municipal police department, a sheriff's department, the State Police, a university or college police department and the Department of Public Safety. [PL 2021, c. 460, §1 (NEW).]

2. Law enforcement officer. "Law enforcement officer" means a state, county or municipal official or an official of a federally recognized Indian tribe responsible for enforcing criminal, immigration or customs laws, including, but not limited to, a law enforcement officer who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803‑A . [PL 2021, c. 460, §1 (NEW).]

3. Profiling. "Profiling" means the consideration of or reliance on, to any degree, actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status in deciding which persons to subject to a traffic or pedestrian stop or in deciding the scope or substance of law enforcement activities following a traffic or pedestrian stop. "Profiling" does not mean consideration of or reliance on characteristics provided in a specific suspect description. For purposes of this subsection, "activities following a traffic or pedestrian stop" include, but are not limited to, asking questions of a person, frisking a person, conducting consensual and nonconsensual searches of a person or property, seizing of property, requiring vehicle occupants to exit a vehicle during a traffic stop, issuing a citation and making an arrest. [PL 2023, c. 368, Pt. B, §2 (NEW).]
5 M.R.S. § 1710-J — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-J
5 §1710-J. Access to information
Status: in_force

The Department of Administrative and Financial Services shall provide certain information and data to the committee in order to assist the committee in performing its statutory duties. The committee members and staff are subject to the provisions governing confidentiality of tax information described in Title 36, section 191 with regard to disclosures made pursuant to this section. [PL 2017, c. 211, Pt. A, §1 (NEW).]

1. Statistical data. The Associate Commissioner for Tax Policy shall provide to the committee upon request any statistical tax data that may be published pursuant to Title 36, section 191, subsection 2, paragraph B . [PL 2017, c. 211, Pt. A, §1 (NEW).]

2. Capital gains data. The Associate Commissioner for Tax Policy shall provide information annually to the committee before the committee's December 1st report pursuant to section 1710‑F concerning the amount of actual capital gains and losses experienced by resident taxpayers filing income tax returns in the State under Title 36, Part 8 for tax years ending in the calendar year 2 years prior. Data reported concerning capital gains and losses may be distributed by decile or quartile. In the absence of actual data, the Associate Commissioner for Tax Policy may provide estimates of the capital gains or losses experienced. [PL 2017, c. 211, Pt. A, §1 (NEW).]

3. Confidential tax information. Consistent with Title 36, section 191, subsection 2, paragraph CCC , the Associate Commissioner for Tax Policy may provide to the committee any additional tax information, including confidential tax information, that will assist the committee in performing its statutory duties. Any confidential tax information must be disclosed in only oral or paper form; any disclosure in paper form must be returned to the State Tax Assessor or destroyed once the committee chair determines that the committee has completed its use of the information. The committee shall discuss disclosed confidential tax information in a manner that preserves the confidentiality of that information, including meeting in executive session not open to the public in accordance with Title 1, section 405 . [PL 2017, c. 211, Pt. A, §1 (NEW).]
5 M.R.S. § 18004 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18004
5 §18004. Method of payment
Status: in_force

All benefits paid under this article shall be paid in equal monthly installments beginning the first month after the death of the qualifying member. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17906 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17906
5 §17906. Reduction in amount of benefit
Status: in_force

1. Excess compensation. If the compensation received from engaging in any gainful occupation by a beneficiary of a disability retirement benefit exceeds $20,000 in calendar year 2000 or in any subsequent calendar year exceeds that amount as cumulatively increased by the same percentage adjustments granted under section 17806 : A. The excess must be deducted from the disability or service retirement benefits during the next calendar year, the deductions to be prorated on a monthly basis in an equitable manner prescribed by the board over the year or part of the year for which the benefits are received; and [PL 2001, c. 443, §1 (AMD); PL 2001, c. 443, §7 (AFF).] B. The beneficiary shall reimburse the retirement system for any excess payments not deducted under paragraph A . [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2021, c. 548, §29 (AMD).]

2. Disability payments under other laws. The reduction of disability retirement benefits because of disability benefits received under other laws is governed as follows. A. The amount of any disability retirement benefit payable under this article must be reduced by any amount received by the beneficiary for the same disability under the following: (1) The worker's compensation or similar law, except amounts that may be paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . [PL 2025, c. 270, §1 (AMD); PL 2025, c. 270, §5 (AFF).] B. Disability retirement benefits shall be calculated as follows: (1) The initial disability retirement benefit shall be reduced if necessary so that the benefit plus any benefits under paragraph A do not exceed 80% of the beneficiary's average final compensation; (2) Subsequent cost-of-living adjustments applied to any benefit listed under paragraph A shall be excluded from the calculations under subparagraph (1); (3) Adjustments under section 17806 shall be applied to that portion of disability retirement benefits calculated under subparagraph (1); and (4) If a beneficiary receives a benefit under paragraph C , the 80% limit under subparagraph (1) shall not include adjustments under section 17806 . [PL 1987, c. 458, §1 (RPR).] C. The disability retirement benefit may not be reduced below the amount of the retirement benefit that is the actuarial equivalent of the member's accumulated contributions at the time of the member's retirement. [RR 2023, c. 2, Pt. B, §124 (COR).] D. Lump-sum settlements of benefits that would reduce the disability retirement benefit under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. (1) These prorated lump-sum settlements may not include any part of the lump-sum settlement attributable to vocational rehabilitation, attorneys' fees, physicians, nurses, hospital, medical, surgical or related fees or charges or any amount paid or payable under former Title 39, section 56‑B or Title 39‑A, section 212, subsection 3 . (2) These prorated lump-sum settlements must reduce the disability retirement benefit in the same manner and amount as monthly benefits under this subsection. [PL 1991, c. 885, Pt. E, §9 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] E. Any dispute about amounts paid or payable under workers' compensation, or about the amount of the lump-sum settlement and its attributions must be determined on petition, by a single member of the Workers' Compensation Board, in accordance with Title 39‑A . These determinations may be appealed under Title 39‑A, section 322 . [PL 1991, c. 885, Pt. E, §10 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [PL 2025, c. 270, §1 (AMD); PL 2025, c. 270, §5 (AFF).]

3. Restoration to service. If any recipient of a disability retirement benefit is restored to service and if the total of the recipient's monthly retirement benefit for any year and the recipient's total earnable compensation for that year exceeds the recipient's average final compensation at retirement, increased by the same percentage adjustments as have been received under section 17806 , the excess must be deducted from the disability retirement benefit payments during the next calendar year. A. The deductions must be prorated on a monthly basis over the year or part of the year for which benefits are received in an equitable manner prescribed by the board. [PL 2021, c. 548, §30 (AMD).] B. The recipient of the disability retirement benefit shall reimburse the retirement system for any excess payments not deducted under this section. [PL 1985, c. 801, §§5, 7 (NEW).] C. If the retirement benefit payments are eliminated by operation of this subsection: (1) The person again becomes a member of the State Employee and Teacher Retirement Program and begins contributing at the current rate; and (2) When the person again retires, the person must receive benefits computed on the person's entire creditable service and in accordance with the law in effect at that time. [PL 2021, c. 548, §30 (AMD).] [PL 2021, c. 548, §30 (AMD).]
5 M.R.S. § 18701 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18701
5 §18701. Long-term disability insurance coverage authorized
Status: in_force

The board may offer long-term disability insurance coverage to members and employees who choose not to become members but participate in the defined contribution plan pursuant to section 18801, subsection 1 through their employer and may contract with one or more insurance companies to provide this coverage. [PL 2017, c. 378, §2 (NEW).]

1. Premiums. All premiums and any other amounts due to an insurance company or other 3rd party in connection with coverage under this subchapter must be borne by the covered person, the covered person's employer or both the covered person and the covered person's employer. [PL 2017, c. 378, §2 (NEW).]

2. Rules. The board may adopt rules to implement this subchapter. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2017, c. 378, §2 (NEW).]
5 M.R.S. § 1666-A — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1666-A
5 §1666-A. Enactment of budget
Status: in_force

The Legislature shall review a biennial or supplemental budget submitted to it in accordance with this chapter and enact a budget no later than 30 days prior to the date of adjournment prescribed in Title 3, section 2 , except that, during the first year in office of a Governor-elect, the Legislature shall enact a budget no later than the first Friday in June. [PL 1995, c. 113, §1 (NEW).]
5 M.R.S. § 1746 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1746
5 §1746. Retention of part of contract price
Status: in_force

In any contract awarded for any public improvement the State shall withhold 5% of the money due the contractor until the project under the contract has been accepted by or for the State, except that when the contract has been substantially completed the State may, upon request, further reduce the amounts withheld if it deems it desirable and prudent.

Under any contract made or awarded by the State or by any public department or official thereof, including the construction, improvement or repair of any and all ways, roads or bridges with appurtenances which, by law, are under the supervision of the Department of Transportation, the contractor may, from time to time, withdraw the whole or any portion of the amount retained for payments to the contractor pursuant to the terms of the contract, upon depositing with the Treasurer of State: A negotiable certificate of deposit, United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, United States treasury bills, or bonds or notes of the State of Maine or bonds of any political subdivision in the State of Maine. No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or of the par value of such securities, whichever is lower. [PL 1971, c. 593, §22 (AMD).]

The Treasurer of State shall collect all interest or income when due on the obligations so deposited and shall pay that total sum, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor. The Treasurer of State may enter into a contract or agreement with any national bank, trust company or safe deposit company located in New England or New York City for custodial care and servicing of any securities deposited with the Treasurer of State pursuant to this section. Those services must consist of the safekeeping of those securities and of all services required to effectuate the purposes of this section. [PL 2025, c. 390, Pt. A, §9 (AMD).]

Any amount deducted by the State, or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor, shall be deducted, first from that portion of the retained payments for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons or income only from those securities which remain after such amount has been deducted. [PL 1967, c. 437 (NEW).]

Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this section, provided that such assignment will not be made without prior notification to the contracting agency of the State and the Treasurer of State. Such assignment shall not impair the equitable rights of the contractor's surety in the retained payments or in the securities substituted therefor in the event of the contractor's default in the performance of the contract or in the payment of labor and material bills or other obligations covered by said surety's bond. [PL 1967, c. 437 (NEW).]

Any contract made or awarded by the State, political subdivision or department or official thereof shall include the cost of necessary pollution control, if any, which will be required during the execution of the contract; provided the cost of pollution control activity which is required by legislation or regulation, passed or promulgated after the date on which bids are received for the project for which such contract is made or awarded, shall be paid for in an equitable manner. [PL 1973, c. 223 (NEW).]

The Director of the Bureau of General Services may approve contracts with a provision for daily financial incentive for projects completed before the scheduled date when it can be demonstrated that the early completion will result in a financial savings to the owner or to the State. The financial incentive may not be greater than the projected daily rate of savings to the owner or the State. [PL 2011, c. 691, Pt. B, §13 (AMD).]
5 M.R.S. § 243-B — ME Code / Title 5 / Part 1 / Chapter 11 / Section 243-B
5 §243-B. Report regarding discrepancies
Status: in_force

If in the course of any audit of a state department or agency the Office of the State Auditor finds significant discrepancies in the financial records of that state department or agency, the State Auditor shall report, in person, to the joint standing committee of the Legislature that has jurisdiction over that state department or agency within 60 days of the audit findings and the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and state and local government matters. If the Legislature is not in session during that 60 days, the State Auditor may report in writing to those committees. [PL 2013, c. 16, §5 (AMD).]
5 M.R.S. § 247 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 247
5 §247. Criminal history background checks for State Auditor employees
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Public Safety, State Bureau of Identification. [PL 2019, c. 416, §1 (NEW).] B. "Federal Bureau of Investigation" means the United States Department of Justice, Federal Bureau of Investigation. [PL 2019, c. 416, §1 (NEW).] C. "Office" means the Office of the State Auditor. [PL 2019, c. 416, §1 (NEW).] D. "State Police" means the Department of Public Safety, Bureau of State Police. [PL 2019, c. 416, §1 (NEW).] [PL 2019, c. 416, §1 (NEW).]

2. Criminal history; information about criminal records and data obtained. The office shall obtain in print or electronic format, criminal history record information containing a record of public criminal history record information as defined in Title 16, section 703, subsection 8 from the Maine Criminal Justice Information System, created pursuant to Title 16, section 631 , and the Federal Bureau of Investigation for any person employed by or who may be offered employment by the office to comply with the United States Internal Revenue Service's tax information security guidelines for federal, state and local agencies. [PL 2019, c. 416, §1 (NEW).]

3. Fingerprint-based criminal history obtained. A person employed by the office shall consent to having the person's fingerprints taken. A person who may be offered employment by the office shall consent to and have the person's fingerprints taken prior to being employed by the office. The Maine State Police shall take or cause to be taken the fingerprints of a person who has consented under this subsection and shall forward the fingerprints to the department so that the department may conduct a state and national criminal history record check on the person. The department shall forward the results obtained to the office. The fee charged to the office by the Maine State Police must be consistent with the fee charged to executive branch agencies receiving similar services. Except for the portion of the payment that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Maine State Police under this subsection must be paid to the Treasurer of State, who shall apply the money to the expenses of administration of this section by the department. [PL 2019, c. 416, §1 (NEW).]

4. Reliance on criminal history record information. The office may rely on the information from the department under subsection 3 for 24 months after receiving the information. [PL 2019, c. 416, §1 (NEW).]

5. Updates to information. The office may request a subsequent criminal background check under subsection 3 on an employee or a person who may be offered employment by the office as the office determines appropriate, including receiving continuous notifications of updated criminal history record information if a service providing notifications of updated criminal history record information becomes available. [PL 2019, c. 416, §1 (NEW).]

6. Confidentiality. Information obtained pursuant to this section is confidential and may not be disseminated for purposes other than as provided in subsection 7 . [PL 2019, c. 416, §1 (NEW).]

7. Use of information obtained. Criminal history record and fingerprint information obtained pursuant to this section may be used by the office to screen an employee and a person who may be offered employment by the office for employment purposes. The subject of any criminal background check search under subsection 3 may contest any negative decision made by the office based upon the information received pursuant to the criminal background check. [PL 2019, c. 416, §1 (NEW).]

8. Person's access to information obtained. A person subject to a criminal background check pursuant to subsection 3 must be notified each time a criminal background check is performed on the person. A person subject to a criminal background check under subsection 3 may inspect and review the criminal history record information pursuant to Title 16, section 709 and obtain federal information obtained pursuant to the criminal background check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. [PL 2019, c. 416, §1 (NEW).]

9. Right of subject to remove fingerprints from record. Upon request from an applicant for employment by the office who was fingerprinted but not hired or a former employee of the office, the department shall remove the applicant's or former employee's fingerprints from the department's records and provide written confirmation of the removal to the applicant or former employee. [PL 2019, c. 416, §1 (NEW).]
5 M.R.S. § 3234 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3234
5 §3234. Municipal planning assistance program; state capital investments
Status: in_force

1. Growth-related capital investments. The State may make growth-related capital investments only in: A. A locally designated growth area, as identified in a comprehensive plan adopted pursuant to and consistent with the procedures, goals and guidelines of Title 30‑A, chapter 187, subchapter 2 or as identified in a growth management program certified under section 3233 ; [RR 2025, c. 1, Pt. A, §7 (COR).] B. In the absence of a consistent comprehensive plan, an area served by a public sewer system that has the capacity for the growth-related project, an area identified in the latest Federal Decennial Census as a census-designated place or a compact area of an urban compact municipality as defined by Title 23, section 754 ; or [PL 2025, c. 388, Pt. D, §12 (NEW).] C. Areas other than those described in paragraph A or B for the following projects: (1) A project related to a commercial or industrial activity that, due to its operational or physical characteristics, typically is located away from other development, such as an activity that relies on a particular natural resource for its operation; (2) An airport, port or railroad or industry that must be proximate to an airport, a port or a railroad line or terminal; (3) A pollution control facility; (4) A project that maintains, expands or promotes a tourist or cultural facility that is required to be proximate to a specific historic, natural or cultural resource or a building or improvement that is related to and required to be proximate to land acquired for a park, conservation, open space or public access or to an agricultural, conservation or historic easement; (5) A project located in a municipality that has none of the geographic areas described in paragraph A or B and that prior to January 1, 2000 formally requested but had not received from the Department of Agriculture, Conservation and Forestry funds to assist with the preparation of a comprehensive plan or that received funds from the Department of Agriculture, Conservation and Forestry to assist with the preparation of a comprehensive plan within the previous 2 years. This exception expires for a municipality 2 years after such funds are received; or (6) A housing project serving the following: individuals with mental illness, developmental disabilities, physical disabilities, brain injuries, substance use disorder or a human immunodeficiency virus; homeless individuals; victims of domestic violence; foster children; children or adults in the custody of the State; or individuals with a household income of no more than 80% of the area median income if the project has 18 or fewer units and receives funding through a program administered by the Maine State Housing Authority. A nursing home is not considered a housing project under this paragraph. [PL 2025, c. 388, Pt. D, §12 (NEW).] [RR 2025, c. 1, Pt. A, §7 (COR).]

2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services shall develop site selection criteria for state office buildings, state courts, hospitals and other quasi-public facilities and other civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. On-site parking may only be required if it is necessary to meet critical program needs and to ensure reasonable access for agency clients and persons with disabilities. Employee parking that is within reasonable walking distance may be located off site. If there is a change in employee parking from on-site parking to off-site parking, the Department of Administrative and Financial Services must consult with the duly authorized bargaining agent or agents of the employees. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1 . The following state facilities are exempt from this subsection: a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals. [PL 2025, c. 388, Pt. D, §12 (NEW).]

3. State's role in implementation of growth management programs. All state agencies, as partners in local and regional growth management efforts, shall contribute to the successful implementation of comprehensive plans and growth management programs adopted under this subchapter by making investments, delivering programs and awarding grants in a manner that reinforces the policies and strategies within the plans or programs. Assistance must be provided within the confines of agency policies, available resources and considerations related to overriding state interest. [PL 2025, c. 388, Pt. D, §12 (NEW).]

4. Preference for other state grants and investments. Preference for other state grants and investments is governed by this subsection. A. When awarding a grant or making a discretionary investment under any of the programs under paragraph B , subparagraphs (1) and (2) or when undertaking its own capital investment programs other than for projects identified in Title 30‑A, section 4301, subsection 5‑B , a state agency shall respect the primary purpose of its grant or investment program and, to the extent feasible, give preference: (1) First, to a municipality that has received a certificate of consistency for its growth management program under section 3233 ; (2) Second, to a municipality that has adopted a comprehensive plan that the former State Planning Office, the municipal planning assistance unit within the Department of Agriculture, Conservation and Forestry or the office has determined is consistent with the procedures, goals and guidelines of Title 30‑A, chapter 187, subchapter 2 and has adopted zoning ordinances that the former State Planning Office, the municipal planning assistance unit within the Department of Agriculture, Conservation and Forestry or the office has determined are consistent with the comprehensive plan; and (3) Third, to a municipality that has adopted a comprehensive plan that the former State Planning Office, the municipal planning assistance unit within the Department of Agriculture, Conservation and Forestry or the office has determined is consistent with the procedures, goals and guidelines in Title 30‑A, chapter 187, subchapter 2 . If a municipality has submitted a comprehensive plan, zoning ordinance or growth management program to the former State Planning Office, the municipal planning assistance unit within the Department of Agriculture, Conservation and Forestry or the office for review, the time for response as established in section 3233 has expired and comments or findings have not been provided to the municipality, a state agency when awarding a grant or making a discretionary investment under this subsection may not give preference over the municipality to another municipality. [PL 2025, c. 388, Pt. D, §12 (NEW).] B. This subsection applies to: (1) Programs that assist in the acquisition of land for conservation, natural resource protection, open space or recreational facilities under chapter 353 ; and (2) Programs intended to: (a) Accommodate or encourage additional growth and development; (b) Improve, expand or construct public facilities; or (c) Acquire land for conservation or management of specific economic and natural resource concerns. [PL 2025, c. 388, Pt. D, §12 (NEW).] C. This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education. [PL 2025, c. 388, Pt. D, §12 (NEW).] D. The office shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraph B . [PL 2025, c. 388, Pt. D, §12 (NEW).] [PL 2025, c. 388, Pt. D, §12 (NEW).]

5. Application. Subsections 1 and 2 apply to a state capital investment for which an application is accepted as complete by the state agency funding the project after January 1, 2001 or which is initiated with the Department of Administrative and Financial Services, Bureau of General Services by a state agency after January 1, 2001. [PL 2025, c. 388, Pt. D, §12 (NEW).]
5 M.R.S. § 4594-H — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594-H
5 §4594-H. Marking of parking space access aisles
Status: in_force

Notwithstanding any provision of this subchapter to the contrary, a state department, state agency or quasi-independent state entity shall ensure that parking areas serving state-owned or state-leased buildings housing that state department, state agency or quasi-independent state entity meet the federal standards related to the marking of parking space access aisles under the 2010 ADA Standards for Accessible Design, 28 Code of Federal Regulations, Sections 35.104 and 35.151. For the purposes of this section, "quasi-independent state entity" has the same meaning as in section 12021, subsection 5 . [PL 2019, c. 573, §1 (NEW).]
5 M.R.S. § 18309 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18309
5 §18309. Fire fighters
Status: in_force

1. Contribution rate. Except as provided in subsections 2 and 3 , each firefighter, including the chief of a fire department, employed by a participating local district that provides a special retirement benefit under section 18453, subsection 4 or 5 , shall contribute to the Participating Local District Retirement Program or have pick-up contributions made by the employer at a rate of 8% of earnable compensation as long as employed as a firefighter. [PL 2013, c. 391, §2 (AMD).]

2. Exception. A participating local district may elect to reduce the rate of contribution set out in subsection 1 to 6.5% of earnable compensation for all fire fighters who continue employment after attaining eligibility for retirement during the remainder of their employment as fire fighters. [PL 1985, c. 801, §§5, 7 (NEW).]

3. Member contributions to Participating Local District Consolidated Retirement Plan. The board may establish by rule the rate at which firefighters who participate in the consolidated plan described in chapter 427 contribute to that plan. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2013, c. 391, §3 (NEW).]
5 M.R.S. § 151-A — ME Code / Title 5 / Part 1 / Chapter 7 / Section 151-A
5 §151-A. Income from temporary investment of bonds
Status: in_force

All net income realized from the temporary investment of bond proceeds on general fund bond issues approved by the 103rd Legislature and future Legislatures shall be credited to a special account designated as Debt Service Account, and used only for the retirement of bonds and notes. [PL 1971, c. 544, §10 (AMD).]
5 M.R.S. § 13083-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-B
5 §13083-B. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 568, §1 (NEW).]

1. Authority. "Authority" means the Washington County Development Authority. [PL 2001, c. 568, §1 (NEW).]

2. Base area. "Base area" means the area within the geographical boundaries of any decommissioned federal military facility located within Washington County to which the authority has taken title. [PL 2001, c. 568, §1 (NEW).]

2-A. Operating revenues. "Operating revenues" means funds available to the authority from fees, fares, rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. [PL 2011, c. 136, §1 (NEW).]

3. Primary impact community. "Primary impact community" means all municipalities in Washington County, including the unorganized territories. [PL 2005, c. 367, §2 (AMD).]

4. Readjustment or reuse. "Readjustment" or "reuse" means an alternative use of the base area from its use as a military installation. [PL 2001, c. 568, §1 (NEW).]

5. Real or personal property. "Real or personal property" means any property or assets transferred by the Federal Government or the United States Department of Defense pursuant to the closure of a federal military installation located in Washington County. "Real or personal property" also means any property or assets purchased, sold, developed, redeveloped or leased by the authority pursuant to its authority under this article. [PL 2005, c. 367, §2 (AMD).]
5 M.R.S. § 3360-J — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-J
5 §3360-J. Use of funds
Status: in_force

1. Administrative expenses. Administrative expenses of the board may be paid from the Victims' Compensation Fund. [PL 1997, c. 378, §12 (AMD).]

2. Judicial administrative expenses. Up to $10,000 may be used the first year to defray the programming costs to integrate the Victims' Compensation Fund into the Judicial Department computer system. [PL 1991, c. 806, §3 (NEW).]