5 M.R.S. § 1661 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1661
5 §1661. Definition
Status: in_force

The words "Governor-elect," whenever used in this chapter and chapter 145, mean the candidate most recently elected to the office of Governor of the State in the November election for choice of Governor, or the Governor's successor. [RR 2023, c. 2, Pt. B, §54 (COR).]

The words "Fund for a Healthy Maine," whenever used in this chapter, mean the Other Special Revenue account within the Department of Administrative and Financial Services established pursuant to Title 22, section 1511 . [PL 2001, c. 559, Pt. AA, §1 (NEW).]
5 M.R.S. § 3373 — ME Code / Title 5 / Part 10-A / Chapter 319 / Section 3373
5 §3373. Firefighter Safety Equipment Fund
Status: in_force

1. Fund established. The Firefighter Safety Equipment Fund, referred to in this section as "the fund," is established under the commission as a nonlapsing fund to provide funds to allow fire departments to purchase and install diesel vehicle exhaust systems and heavy duty extractor washing machines. [PL 2023, c. 437, §1 (NEW).]

2. Grant program. The commission shall establish criteria to award grants to fire departments from the fund. The commission may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2023, c. 437, §1 (NEW).]

3. Procedure. A fire department may apply to the commission for grants. The commission shall evaluate each application pursuant to the criteria developed pursuant to subsection 2 and, to the extent funds are available, shall award grants from the fund. [PL 2023, c. 437, §1 (NEW).]
5 M.R.S. § 4634 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4634
5 §4634. Right to breast-feed
Status: in_force

Notwithstanding any provision of law to the contrary, a person may breast-feed that person's baby in any location, public or private, where the person is otherwise authorized to be. [PL 2021, c. 366, §22 (AMD).]
5 M.R.S. § 263 — ME Code / Title 5 / Part 1 / Chapter 12-A / Section 263
5 §263. Duties
Status: in_force

The ombudsman has, upon consent of the Governor, the duties and powers established under the following provisions governing trade between businesses in this State and individuals, businesses and governmental entities in Canada. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

1. Administration. The ombudsman shall administer the Office of the Maine-Canada Trade Ombudsman. In exercising the administration of the office, the ombudsman shall formulate policies, establish organizational and operational procedures and exercise general supervision. The ombudsman shall employ, with the approval of the Governor and subject to the Civil Service Law, those assistants as are necessary to carry out this chapter. The ombudsman shall adopt a seal for use in the official business of the office. The ombudsman has custody and control of the facilities provided for the administration of this chapter. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

2. Advice. The ombudsman shall advise the Governor, the Legislature and the directors of other appropriate state departments or agencies on appropriate steps needed to coordinate state policy and state actions on commerce and other relations with individuals, businesses and governmental entities in Canada. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

3. Representation. The ombudsman shall represent the State at the national level for trade matters between the United States and Canada that involve the State. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

4. Investigation; resolution of complaints; negotiation. The ombudsman shall answer inquires from citizens and businesses in this State and investigate, advise and work toward resolution of complaints that arise concerning trade issues. The ombudsman may negotiate on behalf of businesses in this State, with their consent, with individuals, businesses and governmental entities of Canada to secure fair trade treatment of products and services of this State. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

5. Biennial report. The ombudsman shall report biennially to the Governor and Legislature facts and recommendations related to the work and needs of the Office of the Maine-Canada Trade Ombudsman. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]

6. Rules. The ombudsman may adopt rules necessary to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter II‑A . [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF).]
5 M.R.S. § 3235 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3235
5 §3235. Development Ready Advisory Committee
Status: in_force

The Development Ready Advisory Committee, referred to in this section as "the committee," is established pursuant to section 12004‑I, subsection 6‑J to develop and maintain best practices for municipalities in infrastructure, land use, housing, economic development, conservation and historic preservation policy. The committee shall provide coordination and subject matter expertise to municipalities to advance the likelihood of success across the community development life cycle. [PL 2025, c. 388, Pt. D, §12 (NEW).]

1. Membership. The members of the committee are as follows: A. The director; [PL 2025, c. 388, Pt. D, §12 (NEW).] B. The executive director of the Maine Redevelopment Land Bank Authority under Title 30‑A, chapter 204 , or the executive director's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] C. The Commissioner of Economic and Community Development, or the commissioner's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] D. The Commissioner of Transportation, or the commissioner's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] E. The Commissioner of Environmental Protection, or the commissioner's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] F. The Commissioner of Agriculture, Conservation and Forestry, or the commissioner's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] G. The Director of the Maine Historic Preservation Commission, or the director's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] H. The Director of the Maine State Housing Authority, or the director's designee; [PL 2025, c. 388, Pt. D, §12 (NEW).] I. The Commissioner of Inland Fisheries and Wildlife, or the commissioner's designee; and [PL 2025, c. 388, Pt. D, §12 (NEW).] J. The following members, selected by and serving at the pleasure of the director: (1) Three representatives of municipalities in this State; (2) Five representatives from the regional councils selected for geographic diversity and subject matter expertise; (3) A representative of an organization that develops or funds affordable housing projects; (4) A representative of a local or statewide organization promoting civil rights that has racial justice or racial equity as its primary mission; (5) A representative of an organization that advocates for conservation of the natural resources of this State; and (6) A representative of a regional or statewide economic development organization. [PL 2025, c. 388, Pt. D, §12 (NEW).] [PL 2025, c. 388, Pt. D, §12 (NEW).]

2. Duties. The committee shall develop best practices for community development intended to support the following goals: A. Assisting communities in preparing for sustainable growth and in a way that maximizes financial return for state and local economies, improving quality of life for local residents, addressing housing needs for households of all income levels and advancing environmental protection and transportation goals and specific locally identified priority needs; [PL 2025, c. 388, Pt. D, §12 (NEW).] B. Providing technical assistance and coordination to communities to facilitate the adoption of best practices for growth across the following sectors: (1) Transportation and infrastructure; (2) Housing creation and preservation; (3) Economic development; (4) Conservation; and (5) Historic preservation. [PL 2025, c. 388, Pt. D, §12 (NEW).] C. Assisting communities in designating priority investment areas in consultation with regional planning organizations, including but not limited to village centers, downtowns and adjacent neighborhoods, rural crossroads, high-impact corridors, working waterfronts and rural farmsteads; [PL 2025, c. 388, Pt. D, §12 (NEW).] D. Ensuring that development efforts are achievable by communities and based on the appropriateness of the location for development and the overall merit of the development project and the community's commitment to the development project based on the community's stated goals; and [PL 2025, c. 388, Pt. D, §12 (NEW).] E. Providing resources and education for municipalities to improve capacity to access funding sources for community development project implementation. [PL 2025, c. 388, Pt. D, §12 (NEW).] [PL 2025, c. 388, Pt. D, §12 (NEW).]

3. Chair and officers. The director shall serve as chair of the committee. The members of the committee shall annually elect one of its members as vice-chair and one of its members as secretary to set the agenda and schedule meetings. The committee may elect other officers, create subcommittees and designate their duties. [PL 2025, c. 388, Pt. D, §12 (NEW).]

4. Voting rights. Each member of the committee has a vote. [PL 2025, c. 388, Pt. D, §12 (NEW).]

5. Meetings. The committee shall meet at least twice a year. [PL 2025, c. 388, Pt. D, §12 (NEW).]

6. Quorum. A majority of the members of the committee constitutes a quorum. [PL 2025, c. 388, Pt. D, §12 (NEW).]

7. Staff support. The office shall provide staff support to the committee to carry out the purposes of this section. [PL 2025, c. 388, Pt. D, §12 (NEW).]
5 M.R.S. § 200-H — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-H
5 §200-H. Maine Elder Death Analysis Review Team
Status: in_force

There is created, within the Office of the Attorney General, the Maine Elder Death Analysis Review Team, referred to in this section as "the team." [PL 2003, c. 433, §1 (NEW).]

1. Composition. The team is composed of 16 members as follows: A. The Chief Medical Examiner, ex officio; [PL 2003, c. 433, §1 (NEW).] B. The Director of Investigations for the Office of the Attorney General, ex officio; [PL 2003, c. 433, §1 (NEW).] C. The Director of the Division of Licensing and Regulatory Services within the Department of Health and Human Services, ex officio; [PL 2007, c. 324, §1 (AMD).] D. The Director of the Health Care Crimes Unit within the Office of the Attorney General, ex officio; [PL 2003, c. 433, §1 (NEW).] E. The Director of Aging Planning and Resources Development within the Department of Health and Human Services, Office of Elder and Adult Services, ex officio; [PL 2009, c. 149, §1 (AMD).] F. The Director of the Adult Protective Services program within the Department of Health and Human Services, Office of Elder and Adult Services, ex officio; [PL 2009, c. 149, §1 (AMD).] G. The Director of Adult Mental Health Services within the Department of Health and Human Services, ex officio; [PL 2003, c. 433, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] H. The executive director of the long-term care ombudsman program, as established in Title 22, section 5106, subsection 11‑C , ex officio; [PL 2003, c. 433, §1 (NEW).] H-1. A sexual assault nurse examiner within the Department of Health and Human Services; [PL 2015, c. 267, Pt. GG, §1 (AMD).] I. A representative of victim services, appointed by the Attorney General; [PL 2003, c. 433, §1 (NEW).] J. A commanding officer of the Criminal Investigation Division within the Department of Public Safety, Bureau of the State Police, appointed by the Attorney General; [PL 2003, c. 433, §1 (NEW).] K. A prosecutor, nominated by a statewide association of prosecutors and appointed by the Attorney General; [PL 2003, c. 433, §1 (NEW).] L. A police chief, nominated by a statewide association of chiefs of police and appointed by the Attorney General; [PL 2009, c. 149, §1 (AMD).] M. A sheriff, nominated by a statewide association of sheriffs and appointed by the Attorney General; [PL 2009, c. 149, §1 (AMD).] N. A physician, a geriatrician or a primary care physician who works in the area of elder care, nominated by a statewide association of physicians and appointed by the Attorney General; and [PL 2009, c. 149, §1 (NEW).] O. An emergency medical services' person, nominated by a statewide association of emergency medical services professionals and appointed by the Attorney General. [PL 2009, c. 149, §1 (NEW).] [PL 2015, c. 267, Pt. GG, §1 (AMD).]

2. Designees; terms of office. An ex officio member may appoint a designee to represent the ex officio member on the team. A designee, once appointed, qualifies as a full voting member of the team who may hold office and enjoy all the other rights and privileges of full membership on the team. All of the appointed members of the team serve for a term of 3 years. Any vacancy on the team must be filled in the same manner as the original appointment, but for the unexpired term. [PL 2003, c. 433, §1 (NEW).]

3. Meetings; officers. The team shall meet at such time or times as may be reasonably necessary to carry out its duties, but it shall meet at least once in each calendar quarter at such place and time as the team determines, and it shall meet at the call of the chair. The Attorney General shall call the first meeting before January 1, 2004. The team shall organize initially and thereafter annually by electing a chair and a vice-chair from among its members. The vice-chair shall also serve as secretary. [PL 2003, c. 433, §1 (NEW).]

4. Powers and duties. The team shall examine deaths and serious injuries associated with suspected abuse or neglect of elderly adults and vulnerable adults. The purpose of such examinations is to identify whether systems that have the responsibility to assist or protect victims were sufficient for the particular circumstances or whether such systems require adjustment or improvement. The team shall recommend methods of improving the system for protecting persons from abuse and neglect, including modifications of statutes, rules, training and policies and procedures. [PL 2003, c. 433, §1 (NEW).]

5. Access to information and records. In any case subject to review by the team, upon oral or written request of the team, notwithstanding any other provision of law, any person that possesses information or records that are necessary and relevant to a team review shall as soon as practicable provide the team with the information and records. Persons disclosing or providing information or records upon request of the team are not criminally or civilly liable for disclosing or providing information or records in compliance with this subsection. [PL 2003, c. 433, §1 (NEW).]

6. Confidentiality. The proceedings and records of the team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The Office of the Attorney General shall disclose conclusions of the review team upon request, but may not disclose information, records or data that are otherwise classified as confidential. [PL 2003, c. 433, §1 (NEW).]
5 M.R.S. § 1660-G — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-G
5 §1660-G. Standard audit practices
Status: in_force

The commissioner shall adopt rules no later than 180 days after July 3, 1995 containing at least the following requirements for audit practices. [RR 1997, c. 2, §10 (COR).]

1. Federal requirement. All federal audits prepared for agencies to which section 1660‑F, subsection 1, paragraphs A and B apply must be performed by qualified independent public accountants. Agencies to which section 1660‑F, subsection 1, paragraphs A and B apply must obtain audits that satisfy the federal audit requirement. Department auditors shall oversee these federal audit report submissions. [PL 1995, c. 402, Pt. C, §2 (NEW).]

2. Department requirement. [PL 2005, c. 519, Pt. SS, §3 (RP).]
5 M.R.S. § 1664 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1664
5 §1664. Form of budget document
Status: in_force

1. Form. The state budget document, setting forth a 4-year financial plan for the State Government for each fiscal year of the ensuing biennium and the following biennium, must: A. Consist of a budget message by the Governor-elect or the Governor that outlines the 4-year financial plan of State Government for the ensuing biennium and the following biennium; [PL 2005, c. 601, §1 (NEW).] B. Embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced relationship between the total proposed expenditures and the total anticipated revenues together with the other means of financing the budget for each fiscal year of the ensuing biennium, contrasted with the corresponding figures for the last completed fiscal year and the fiscal year in progress. The general budget summary must: (1) Be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds and the income by organization units, sources and funds; and (2) Include a summary and details of programs funded through the Fund for a Healthy Maine, presenting the allocation requirements and projected revenues and other available resources shown in a budget fund flow statement and a comparative statement that presents income sources for revenue projections and allocation estimates by program categories; [PL 2005, c. 601, §1 (NEW).] C. Include a financial plan for the following biennium with forecasted General Fund, Highway Fund and Fund for a Healthy Maine appropriation requirements and projected revenues by income sources as provided in chapter 151‑B and other available resources shown in a budget fund flow statement and a comparative statement that presents income sources for revenue projections and appropriation estimates by major program categories; [PL 2005, c. 601, §1 (NEW).] D. [PL 2007, c. 1, Pt. P, §1 (RP).] E. [PL 2013, c. 368, Pt. R, §1 (RP).] F. Include statements of the bonded indebtedness of the State Government showing the debt redemption requirements, the debt authorized and unissued and the condition of the sinking funds; [PL 2007, c. 613, §1 (AMD).] G. Contain any statements relative to the financial plan that the Governor-elect or the Governor considers desirable or that may be required by the Legislature; and [PL 2007, c. 613, §2 (AMD).] H. Include a long-range plan for State Government. The long-range plan must describe the vision of the Governor-elect or the Governor for State Government for the upcoming biennium and the 2 succeeding biennia and how the proposed biennial budget fits into and moves State Government toward this long-range vision. [PL 2007, c. 613, §3 (NEW).] [PL 2013, c. 368, Pt. R, §1 (AMD).]

2. Judicial Department appropriations or allocations. If the Governor submits legislation setting forth appropriations or allocations for the Judicial Department that differ from the full budget request submitted by the Judicial Department under Title 4, section 24 , the Governor shall simultaneously submit a report to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and judiciary matters explaining why the Governor's budget legislation differs from the Judicial Department's budget submission. [PL 2005, c. 601, §1 (NEW).]

3. Office of Program Evaluation and Government Accountability appropriations or allocations. If the Governor submits legislation setting forth appropriations or allocations for the Office of Program Evaluation and Government Accountability that differ from the budget request presented by the Legislative Council on behalf of that office, the Governor shall simultaneously submit a report to the Legislative Council and the Office of Program Evaluation and Government Accountability explaining why the Governor's budget legislation differs from the Legislative Council's budget request. [PL 2005, c. 601, §1 (NEW).]

3-A. Funding for research and development. Beginning in fiscal year 2008-09, the Governor, when submitting the budget document to the Legislature pursuant to section 1666 , shall submit a funding level recommendation for research and development. The recommendation must be transmitted to the Legislature within the time schedules set forth in section 1666 . It is the intent of the Legislature that beginning in fiscal year 2009-10 the biennial budget submitted by the Governor must set forth appropriations for research and development that are the equivalent of not less than 1% of total actual General Fund revenue of the previous fiscal year. For each successive year for the next 10 fiscal years, the funding level must increase by at least 2/10 of 1% until funding for research and development is the equivalent to not less than 3% of total actual General Fund revenue of the previous fiscal year. If the Governor's budget sets forth recommendations for research and development that differ from the levels described in this subsection, the Governor shall explain the funding difference in the biennial budget document. [PL 2007, c. 420, §1 (NEW).]

3-B. Maine Indian Tribal-State Commission appropriations or allocations. If the Governor submits legislation setting forth appropriations or allocations for the Maine Indian Tribal-State Commission that differ from the full budget proposal developed under Title 30, section 6212, subsection 6 , the Governor shall simultaneously submit a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over judiciary matters explaining why the Governor's budget legislation differs from that proposal. [PL 2009, c. 636, Pt. C, §1 (NEW).]

4. Position identification. The Governor, when submitting the budget to the Legislature, shall submit the budget document and the budget bills in a manner that identifies positions authorized by the Legislature for less than 52 weeks in a fiscal year as "Positions - Full-time Equivalent," or "FTE," and positions authorized by the Legislature for 52 weeks in a fiscal year as "Positions - Legislative Count" for all funds. The State Budget Officer shall implement and administer procedures to ensure sufficient FTE and appropriation or allocation control for positions authorized by the Legislature for less than 52 weeks in a fiscal year. [PL 2005, c. 601, §1 (NEW).]

5. Limit on General Fund appropriation. The total General Fund appropriation for each fiscal year of the biennium in the Governor's budget submission to the Legislature may not exceed the General Fund appropriation limitation established in section 1534 . [PL 2005, c. 601, §1 (NEW).]
5 M.R.S. § 20011 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20011
5 §20011. Office of Behavioral Health established
Status: in_force

The Office of Behavioral Health is established as a distinct unit within the Department of Health and Human Services. The Office of Behavioral Health is the successor in every way to the office of substance abuse within the department and the office of substance abuse and mental health services within the department. [PL 2021, c. 398, Pt. VV, §2 (NEW).]
5 M.R.S. § 173 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 173
5 §173. Duties of board; requirements of program
Status: in_force

1. Duties. In carrying out the purposes of this chapter, the board shall: A. Develop, establish, implement and maintain the program and, to that end, may conduct market, legal and feasibility analyses if the board considers them advisable and may determine a name for the program; [PL 2023, c. 167, §3 (AMD).] B. Adopt rules the board considers necessary or advisable for the implementation and general administration and operation of the program as provided in section 174 , consistent with the Internal Revenue Code and regulations under that Code, including to ensure that the program satisfies all criteria for favorable federal tax treatment and complies, to the extent necessary, with any other applicable federal or state law; [PL 2021, c. 356, §1 (NEW).] C. Use private sector partnerships to contract with a program administrator to administer the program and manage the investments under the supervision and guidance of the board in accordance with this chapter; [PL 2021, c. 356, §1 (NEW).] D. Cause funds to be held and invested and reinvested under the program; [PL 2021, c. 356, §1 (NEW).] E. Develop and implement an investment policy that defines the program's investment objectives consistent with the objectives of the program and that provides for policies and procedures consistent with those investment objectives. The board shall strive to select and offer investment options available to participants and other program features that are intended to achieve maximum possible income replacement balanced with an appropriate level of risk in an IRA-based environment consistent with the investment objectives under the policy. The investment options may encompass a range of risk and return opportunities and allow for a rate of return commensurate with an appropriate level of risk in view of the investment objectives under the policy. The menu of investment options must be determined by considering the nature and objectives of the program, the desirability of limiting investment options under the program to a reasonable number and the extensive investment options available to participants in the event that they roll over funds in an IRA established under the program to an IRA outside the program. In accordance with paragraphs K and O , the board, in carrying out its responsibilities and exercising its powers under this chapter, shall employ or retain appropriate entities or personnel to assist or advise it and to whom to delegate the carrying out of such responsibilities and exercise of such powers; [PL 2023, c. 167, §4 (AMD).] F. Arrange for collective, common and pooled investment of assets of the program and enterprise fund, including investments in conjunction with other funds with which these assets are permitted to be collectively invested, with a view to saving costs through efficiencies and economies of scale; [PL 2021, c. 356, §1 (NEW).] G. Cause the program, enterprise fund and arrangements and accounts established under the program to be designed, established and operated: (1) In accordance with best practices for retirement savings accounts; (2) To encourage participation and saving and to make it simple, easy and convenient for participants to contribute and manage their savings; (3) To promote sound investment practices and appropriate investment menus and default investments; (4) To maximize simplicity and ease of administration for covered employers; (5) To minimize costs, including by collective investment and economies of scale; (6) To promote portability of benefits; and (7) To avoid preemption of the program by federal law; [PL 2021, c. 356, §1 (NEW).] H. Educate participants and potential participants on the benefits of planning and saving for retirement, help them decide the level of participation and saving strategies that may be appropriate for them and help them develop greater financial capability and financial literacy, including through partnerships with organizations based in the State specializing in financial literacy education; [PL 2021, c. 356, §1 (NEW).] I. In accordance with rules adopted by the board, determine the eligibility of an employer, employee or other individual to participate in the program, including conditions under which an employer that terminates the offering of a specified tax-favored retirement plan can become a covered employer eligible to participate in the program; [PL 2021, c. 356, §1 (NEW).] J. Arrange for and facilitate compliance by the program or arrangements established under the program with all requirements applicable to the program under the Internal Revenue Code, including requirements for favorable tax treatment of the IRAs, and any other applicable federal or state law or accounting requirements, including using its best efforts to implement procedures minimizing the risk that covered employees will exceed the limits on tax-favored IRA contributions that they are eligible to make and otherwise providing or arranging for assistance to covered employers and covered employees in complying with applicable law and tax-related requirements in a cost-effective manner. The board may establish any processes it reasonably considers to be necessary or advisable to verify whether an employer is a covered employer, including reference to online data and possible use of questions in employer state tax filings, consistent with the objective of avoiding to the fullest extent practicable any need to require employers that are not covered employers to register with the program or take other action to demonstrate that they maintain specified tax-favored retirement plans or are exempt for other reasons from being treated as covered employers; [PL 2021, c. 356, §1 (NEW).] K. Employ or otherwise retain a program administrator, an executive director, staff, a trustee, a record keeper, investment managers, investment advisors, other administrative, professional and expert advisors and service providers, none of whom may be members of the board and all of whom serve at the pleasure of the board, and the board shall determine their duties and compensation. The board may authorize the executive director employed by the board to enter into contracts, as described in paragraph O , on behalf of the board or conduct any business necessary for the efficient operation of the board; [PL 2021, c. 356, §1 (NEW).] L. Discharge its duties and ensure that the members of the board discharge their duties with respect to the program solely in the interest of the participants as follows: (1) For the exclusive purpose of providing benefits to participants and defraying reasonable expenses of administering the program; and (2) With the care, skill, prudence and diligence under the circumstances then prevailing that persons of prudence, discretion and intelligence, acting in a like capacity and familiar with those matters, would use in the conduct of an enterprise of a like character and with like aims; [PL 2021, c. 356, §1 (NEW).] M. Make provision for costs and expenses incurred to initiate, implement, maintain, manage and administer the program and its investments to be paid or defrayed from investment returns or assets of the program or from the charging and collection of other fees, charges or funds, whether account-based, asset-based, per capita or otherwise, by or for the program or pursuant to arrangements established under the program to the extent permitted under federal and state law; [PL 2021, c. 356, §1 (NEW).] N. Accept any grants, gifts, legislative appropriation, loans and other funds from the State, any unit of federal, state or local government or any other person, firm or entity to defray the costs of administering and operating the program in accordance with the requirements of section 178, subsection 1 ; [PL 2021, c. 356, §1 (NEW).] O. Make and enter into contracts, agreements or arrangements for and collaborate and cooperate with and retain, employ and contract with or for any of the following to the extent the board considers necessary or advisable for the effective and efficient design, implementation and administration of the program consistent with the purposes set forth in this chapter and to maximize outreach to covered employers and covered employees: (1) Services of private and public financial institutions, depositories, consultants, actuaries, counsel, auditors, investment advisors, investment administrators, investment management firms, other investment firms, 3rd-party administrators, other professionals and service providers, the retirement system, the Office of the Treasurer of State, other state treasurers and other state public retirement systems; (2) Research, technical, financial, administrative and other services; (3) Services of other state agencies and instrumentalities, including without limitation those with responsibilities for tax collection, budget, finance, labor and employment regulation, consumer protection, business regulation and liaison, benefits and public assistance, to assist the board in the exercise of its powers and duties, and all such agencies and instrumentalities shall provide such assistance at the board's request; or (4) Services to develop and implement outreach efforts to gain input and disseminate information regarding the program and retirement saving in general, including timely information to covered employers regarding the program and how it applies to them, with special emphasis on their ability at any time to sponsor a specified tax-favored retirement plan that would exempt them from any responsibilities under the program; [PL 2021, c. 356, §1 (NEW).] P. Ensure that all contributions to an IRA under the program are used only to pay benefits to participants under the program, pay the cost of administering the program or make investments for the benefit of the program and that no assets of the program or enterprise fund are transferred to the General Fund or to any other fund of the State or are otherwise encumbered or used for any other purpose; [PL 2021, c. 356, §1 (NEW).] Q. Consider whether procedures should be adopted to allow employers that are not covered employers because they are exempt from covered employer status to voluntarily participate in the program by automatically enrolling their employees, considering, among other factors, the potential legal consequences and the degree of employer demand to participate or facilitate participation by employees; [PL 2021, c. 356, §1 (NEW).] R. Evaluate the need for, and procure if and as considered necessary, insurance against any loss in connection with the property, assets or activities of the program, including, if and as considered necessary, pooled private insurance; [PL 2021, c. 356, §1 (NEW).] S. Indemnify, including procurement of insurance if and as needed for this purpose, each member of the board from personal loss or liability resulting from a member's action or inaction as a member of the board; [PL 2021, c. 356, §1 (NEW).] T. Collaborate with, and evaluate the role of, financial advisors or other financial professionals, including in assisting and providing guidance for covered employees; [PL 2021, c. 356, §1 (NEW).] U. Along with its members, the program administrator and other staff of the board, comply with any applicable state ethics and gift laws, procurement codes and restrictions and restrictions on honoraria and may not: (1) Directly or indirectly have any interest in the making of any investment under the program or in gains or profits accruing from any such investment; (2) Borrow any program-related funds or deposits, or use any such funds or deposits in any manner, for the benefit of the board or any member or as an agent or partner of others; or (3) Become an endorser, surety or obligor on investments made under the program; and [PL 2021, c. 356, §1 (NEW).] V. Carry out its powers and duties under the program pursuant to this chapter and exercise any other powers as are appropriate for the effectuation of the purposes, objectives and provisions of this chapter pertaining to the program. [PL 2021, c. 356, §1 (NEW).] [PL 2023, c. 167, §§3, 4 (AMD).]

2. Required elements of program. In accordance with the implementation schedule set forth in subsection 3 , the program must: A. Allow an eligible individual in this State to choose whether or not to contribute to an IRA under the program, including allowing a covered employee in the State the choice to contribute to an IRA under the program through a payroll deduction IRA arrangement; [PL 2021, c. 356, §1 (NEW).] B. Notwithstanding any provision of state law related to payroll deduction to the contrary, require each covered employer to offer its covered employees the choice whether or not to contribute to a payroll deduction IRA by automatically enrolling them in the payroll deduction IRA with the opportunity to opt out. A covered employee who is not a participant because that employee has opted out will be automatically reenrolled with the opportunity to opt out again at regular or ad hoc intervals determined by the board in its discretion, but not more frequently than annually; [PL 2021, c. 356, §1 (NEW).] C. Provide that the IRA to which contributions are made is a Roth IRA, except that the board has the authority at any time, in its discretion, to add an option for all participants to affirmatively elect to contribute to a traditional IRA as an alternative to the Roth IRA; [PL 2021, c. 356, §1 (NEW).] D. Provide that, unless otherwise specified by the covered employee, a covered employee must automatically initially contribute 5% of the covered employee's salary or wages to the program and may elect to opt out of the program at any time or contribute at any higher or lower rate, expressed as a percentage of salary or wages, or, if the board in its discretion permits, expressed as a flat dollar amount, subject in all cases to the IRA contribution and income eligibility limits applicable under the Internal Revenue Code at no additional charge. The board is authorized to change, from time to time, the 5% automatic initial default contribution rate for all covered employees in its discretion; [PL 2021, c. 356, §1 (NEW).] E. Provide on a uniform basis, if and when the board so determines in its discretion, for an annual increase of each participant's contribution rate, by not more than 1% of salary or wages per year up to a maximum of 10%. Any such increases must apply to participants, as determined by the board in its discretion, either by default or only if initiated by affirmative participant election and are in either case subject to the IRA contribution and income eligibility limits applicable under the Internal Revenue Code; [PL 2023, c. 167, §5 (AMD).] F. Provide for direct deposit of contributions into investments under the program, including, but not limited to, a default investment such as a series of target date funds and a limited number of investment alternatives including a principal preservation option determined by the board. In addition, the board may provide that each participant's initial contributions, up to a specified dollar amount or for a specified period of time, are required to be invested in a capital preservation investment or, in the board's discretion, must be defaulted into such an investment unless the participant affirmatively opts for a different investment for those contributions. The board shall determine how often participants will have the opportunity to change their selections of investments for future contributions or existing balances or both; [PL 2023, c. 167, §5 (AMD).] G. Provide that employer contributions by a covered employer are not required or permitted; [PL 2021, c. 356, §1 (NEW).] H. Be professionally managed; [PL 2021, c. 356, §1 (NEW).] I. When possible and practicable, use existing employer and public infrastructure to facilitate contributions, record keeping and outreach and use pooled or collective investment arrangements for amounts contributed to the program; [PL 2021, c. 356, §1 (NEW).] J. Require the maintenance of separate records and accounting for each account under the program and allow for participants to maintain their accounts regardless of place of employment and to roll over funds into other IRAs or other retirement accounts; [PL 2021, c. 356, §1 (NEW).] K. Provide for reports on the status of each participant's account to be provided to each participant at least annually and make best efforts to provide each participant frequent or continual online access to information on the status of that participant's account; [PL 2021, c. 356, §1 (NEW).] L. Provide that each participant owns the contributions to and earnings on amounts contributed to the participant's account under the program and that the State and covered employers have no proprietary interest in those contributions or earnings; [PL 2021, c. 356, §1 (NEW).] M. Be designed and implemented in a manner consistent with federal law to the extent that it applies and consistent with the program not being preempted by, and the payroll deduction IRAs and covered employers not being subject to, ERISA; [PL 2021, c. 356, §1 (NEW).] N. Promote expanded retirement saving by encouraging employers in the State that would otherwise be covered employers to instead adopt a specified tax-favored retirement plan; [PL 2021, c. 356, §1 (NEW).] O. Make provision for participation in the program by individuals who are not employees, such as self-employed individuals and independent contractors, as provided in rules adopted pursuant to section 174, subsection 2 ; [PL 2021, c. 356, §1 (NEW).] P. Seek to keep fees, costs and expenses of the program as low as practicable, except that any administrative fee imposed on a covered employee for participating in the program may not exceed a reasonable amount relative to fees charged by similar established programs in other states. The fee may be an asset-based or investment return fee, flat fee or hybrid of the permissible fee structures identified in this paragraph; [PL 2021, c. 356, §1 (NEW).] Q. Adopt rules and establish procedures governing the distribution of funds from the program, including such distributions as may be permitted or required by the program and any applicable provisions of tax laws, with the objectives of maximizing financial security in retirement, helping to protect spousal rights and assisting participants with the challenges of decumulation of savings. The board has the authority to provide for one or more reasonably priced distribution options to provide a source of regular retirement income, including income for life or for the participant's life expectancy or for joint lives and life expectancies, as applicable; [PL 2021, c. 356, §1 (NEW).] R. Adopt rules and establish procedures promoting portability of benefits, including the ability to make tax-free rollovers or transfers from IRAs under the program to other IRAs or to tax-qualified plans that accept such rollovers or transfers; [PL 2021, c. 356, §1 (NEW).] S. Establish penalties in accordance with subsection 4 for a covered employer that fails without reasonable cause to enroll a covered employee in the program as required or that fails to transmit a payroll deduction IRA contribution to the program as required. A lack of reasonable cause is established by the failure to enroll after the program communicates with the employer 3 times; [PL 2023, c. 167, §5 (AMD).] T. In accordance with subsection 1, paragraph C , use private sector entities to administer the program and invest the contributions to the program under the supervision and guidance of the board; and [PL 2021, c. 356, §1 (NEW).] U. Allow the board to provide for the establishment, maintenance, administration, operation and implementation of the program to be carried out jointly with, or in partnership, collaboration, coordination or alliance with one or more other states, the Federal Government or any federal, state or local agencies or instrumentalities. [PL 2021, c. 356, §1 (NEW).] [PL 2023, c. 167, §5 (AMD).]

3. Implementation. The board may implement the program in stages, which may include a pilot program and phasing in the program based on the size of employers, or other factors. A covered employer shall offer the program to its covered employees no later than December 31, 2024. A covered employer with fewer than 5 employees is not required to offer the program to its covered employees but may offer the program to its employees at the option of the employer and in accordance with rules established by the board. A. [PL 2023, c. 167, §6 (RP).] B. [PL 2023, c. 167, §6 (RP).] C. [PL 2023, c. 167, §6 (RP).] [PL 2023, c. 167, §6 (RPR).]

4. Penalties. The board shall establish and enforce penalties in accordance with this subsection. A. If a covered employer fails to enroll a covered employee without reasonable cause, the covered employer is subject to a penalty for each covered employee for each calendar year or portion of a calendar year during which the covered employee was not enrolled in the program or had not opted out of participation in the program and, for each calendar year beginning after the date on which a penalty has been assessed with respect to a covered employee, is subject to a penalty for any portion of that calendar year during which the covered employee continues to be unenrolled without opting out of participation in the program. The amount of any penalty imposed on a covered employer for the failure to enroll a covered employee without reasonable cause is determined as follows: (1) From July 1, 2025 to June 30, 2026, the maximum penalty per covered employee is $20; (2) From July 1, 2026 to June 30, 2027, the maximum penalty per covered employee is $50; and (4) On or after July 1, 2027, the maximum penalty per covered employee is $100. [PL 2023, c. 167, §7 (AMD).] B. A penalty may not be imposed on a covered employer for any failure to enroll a covered employee for which it is established that the covered employer did not know that the failure existed and exercised reasonable diligence to meet the requirements of this chapter. [PL 2021, c. 356, §1 (NEW).] C. A penalty may not be imposed on a covered employer for any failure to enroll a covered employee if the covered employer exercised reasonable diligence to meet the requirements of this chapter and the covered employer complies with those requirements with respect to each covered employee by the end of the 90-day period beginning on the first date the covered employer knew, or exercising reasonable diligence would have known, that the failure existed. The covered employer is deemed to have known that the failure existed after receiving 3 communications from the program. [PL 2023, c. 167, §8 (AMD).] D. In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved. [PL 2021, c. 356, §1 (NEW).] E. If a covered employer fails to remit a payroll deduction contribution to the program on the earliest date the amount withheld from the covered employee's compensation can reasonably be segregated from the covered employer's assets, but not later than the 15th day of the month following the month in which the covered employee's contribution amounts are withheld from the covered employee's paycheck, the failure to remit the contribution on a timely basis is subject to the same penalties as apply to employer misappropriation of employee wage withholdings and to the penalties specified in paragraph A . [PL 2021, c. 356, §1 (NEW).] F. The Attorney General shall represent the board in enforcement and collection of penalties. [PL 2021, c. 356, §1 (NEW).] [PL 2023, c. 167, §§7, 8 (AMD).]
5 M.R.S. § 1827 — ME Code / Title 5 / Part 4 / Chapter 155-A / Section 1827
5 §1827. Powers; Bureau of General Services
Status: in_force

The Department of Administrative and Financial Services, through the Bureau of General Services, may establish the Central Services Division in the Bureau of General Services for the purpose of operating the postal service, central copy and duplicating service, central warehouse, surplus property service and central mail room. The Bureau of General Services may: [PL 2005, c. 386, Pt. H, §10 (NEW).]

1. Postal service. Purchase or contract for all postal service required for the use of State Government or any department or agency thereof; [PL 2005, c. 386, Pt. H, §10 (NEW).]

2. Central copy and duplicating. Establish and conduct a central printing service, copy service and audio-visual service at the seat of government. Such services must be available to all departments and agencies of State Government. The Director of the Bureau of General Services may make charges to those departments and agencies of State Government making use of the facilities and supplies of the central printing service; [PL 2005, c. 386, Pt. H, §10 (NEW).]

3. Central warehouse. Establish and operate, with the approval of the Commissioner of Administrative and Financial Services, a warehouse that, in the judgment of the Director of the Bureau of General Services, is determined necessary for the storage and distribution of supplies, materials and equipment by resale, rental or other method, required for use by State Government or any department or agency, or any political subdivision or school administrative unit. In accordance with section 1587 , the Director of the Bureau of General Services may purchase, lease, lease-purchase or enter into other financing agreements for the acquisition of equipment in accordance with this subsection when it can be demonstrated that any such action or agreement provides a clear cost advantage to the State; [PL 2005, c. 386, Pt. H, §10 (NEW).]

4. Central mail room. Establish and conduct a central mail room for the state departments and agencies at the seat of government; [PL 2005, c. 386, Pt. H, §10 (NEW).]

5. Surplus property. Transfer to or between state departments and agencies or educational institutions or sell supplies, materials and equipment that are surplus, obsolete or unused; [PL 2005, c. 386, Pt. H, §10 (NEW).]

6. Internal service fund accounts. Maintain or establish, through the Office of the State Controller, an internal service fund account for each of the central services described in subsections 1 to 5 . 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 central services and earnings by the fund from the Treasurer of State's pool. Each of the central services described in subsections 1 to 5 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 their services. [PL 2005, c. 386, Pt. H, §10 (NEW).]
5 M.R.S. § 12004-G — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-G
5 §12004-G. General government
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

The primary responsibilities of the boards in this section vary and are limited to a specific purpose. These responsibilities may include the regulation of a particular activity, the licensing of a particular activity, the establishment of policy for a specific purpose or organization and the acquisition of property for a specific purpose. [PL 1987, c. 786, §5 (NEW).]

In addition to the powers to hold hearings, adopt rules and establish policies and procedures, these boards may enter into contracts, establish just charges, conduct investigations, acquire property or enforce state laws. [PL 1987, c. 786, §5 (NEW).]

FIELD NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Administration [PL 2005, c. 12, Pt. SS, §17 (RP).]

2. Administration [PL 2007, c. 395, §12 (RP).]

3. Agriculture [PL 1991, c. 779, §1 (RP); PL 1991, c. 779, §52 (AFF).]

3-A. Agriculture Pull Events Commission Expenses Only 7 MRSA §98 [PL 2005, c. 563, §1 (AMD).]

3-B. Agriculture [PL 1997, c. 528, §1 (RP).]

3-C. Agriculture Integrated Pest Management Council Expenses Only 7 MRSA §2404 [PL 2001, c. 667, Pt. B, §2 (NEW); PL 2001, c. 667, Pt. B, §5 (AFF).]

3-D. Agriculture Maine Agricultural Water Management Board Expenses Only 7 MRSA §352 [PL 2005, c. 559, §1 (NEW).]

4. Agriculture [PL 2009, c. 369, Pt. A, §4 (RP).]

4-A. Agriculture Board of Agriculture Legislative Per Diem 7 MRSA §125 [PL 1997, c. 711, §1 (NEW).]

4-B. Biomedical Research [PL 2021, c. 36, §4 (RP).]

4-C. Agriculture Education Maine Agriculture in the Classroom Council Paid from council funds in accordance with council bylaws 7 MRSA §242 [PL 2007, c. 456, §1 (NEW).]

4-D. Amusements and Sports Combat Sports Authority of Maine Legislative Per Diem and Expenses Only 8 MRSA c. 20 [PL 2011, c. 305, §1 (AMD).]

5. Business [PL 1991, c. 622, Pt. S, §7 (RP).]

5-A. Building Codes and Standards Technical Building Codes and Standards Expenses Only 10 MRSA c. 1103 [PL 2007, c. 699, §1 (NEW).]

6. Civil Service [PL 1999, c. 668, §21 (RP).]

6-A. Corrections [PL 1999, c. 668, §22 (RP).]

6-B. Commerce and Trade Maine Motor Vehicle Franchise Board $100/day 10 MRSA §1187 [PL 2003, c. 356, §1 (NEW).]

6-C. Corrections [PL 2015, c. 335, §4 (RP).]

6-D. Corrections County Corrections Professional Standards Council Expenses Only 34‑A MRSA §1210‑F [PL 2021, c. 732, Pt. A, §1 (NEW).]

7. Corrections State Parole Board Legislative Per Diem 34‑A MRSA §5201 [PL 1987, c. 786, §5 (NEW).]

7-A. Culture/ History Maine State Cultural Affairs Council Expenses Only 27 MRSA §552 [PL 1989, c. 700, Pt. B, §2 (NEW).]

7-B. Culture/History Maine Arts Commission Expenses Only 27 MRSA §401 [PL 1989, c. 700, Pt. B, §2 (NEW).]

7-C. Culture/ History Maine State Museum Commission Expenses Only 27 MRSA §82 [PL 1989, c. 700, Pt. B, §2 (NEW).]

7-D. Culture/ History Maine Historic Preservation Commission Expenses Only 27 MRSA §501 [PL 1989, c. 700, Pt. B, §2 (NEW).]

7-E. Culture/ History Maine Library Commission Expenses Only 27 MRSA §111 [PL 1989, c. 700, Pt. B, §2 (NEW).]

7-F. Economic Development [PL 2007, c. 240, Pt. RRRR, §1 (RP); PL 2007, c. 395, §13 (RP).]

7-G. Economic Development Maine Redevelopment Land Bank Authority Expenses Only 30‑A MRSA §5154 [PL 2021, c. 664, §1 (NEW).]

8. Education [PL 1991, c. 622, Pt. G, §1 (RP); PL 1991, c. 622, Pt. G, §33 (AFF).]

8-A. Education [PL 2005, c. 662, Pt. A, §2 (RP).]

9. Education [PL 1989, c. 700, Pt. B, §3 (RP).]

9-A. Education [PL 2003, c. 643, §2 (RP).]

10. Education [PL 1989, c. 700, Pt. B, §3 (RP).]

10-A. Education Kim Wallace Adaptive Equipment Loan Program Fund Board Expenses Only 10 MRSA §373 [PL 1999, c. 731, Pt. FF, §1 (AMD).]

10-B. Education [PL 2007, c. 395, §14 (RP).]

10-C. Energy Efficiency Maine Trust Board Expenses Only 35‑A MRSA §10103 [PL 2009, c. 372, Pt. B, §1 (NEW).]

10-D. Education Maine Charter School Commission Legislative Per Diem and Expenses 20‑A MRSA §2405, sub‑§8 [PL 2013, c. 368, Pt. JJJJ, §1 (AMD).]

10-E. Education State Education and Employment Outcomes Task Force Expenses Only 20‑A MRSA §12901 [PL 2013, c. 593, §1 (NEW).]

11. Environment/ Natural Resources Baxter State Park Authority Not Authorized 12 MRSA §901 [PL 1987, c. 786, §5 (NEW).]

11-A. Environment/ Natural Resources Clean-up and Response Fund Review Board Expenses Only for Certain Members 38 MRSA §568‑B [PL 2015, c. 319, §1 (AMD).]

12. Environment/Natural Resources [PL 2007, c. 395, §15 (RP).]

13. Environment/ Natural Resources Saco River Corridor Commission Expenses Only 38 MRSA §954 [PL 1987, c. 786, §5 (NEW).]

13-A. Environment/ Natural Resources State Emergency Response Commission Not Authorized 37‑B MRSA §792 [PL 1989, c. 878, Pt. A, §16 (RPR).]

13-B. Environment/ Health Engineering Maine Water Well Commission $50 Per Meeting Plus Expenses 32 MRSA §4700‑G [PL 2001, c. 209, Pt. A, §1 (AMD).]

13-C. Executive/ Drug Prevention and Treatment Substance Use Disorder Services Commission Expenses Only 5 MRSA §20065 [PL 2017, c. 407, Pt. A, §7 (AMD).]

13-D. Environment/Natural Resources [PL 2001, c. 460, §1 (RP).]

13-E. Environment/ Natural Resources River Flow Advisory Commission Expenses Only 37‑B MRSA §1131 [PL 2001, c. 662, §4 (NEW).]

13-F. Environment/Natural Resources and Public Utilities [PL 2009, c. 372, Pt. A, §4 (RP); PL 2009, c. 372, Pt. A, §10 (AFF).]

14. Finance State Liquor and Lottery Commission Legislative Per Diem 5 MRSA §283‑A A. The chair may receive no more than $5,000 per year, including per diem and expenses. [PL 1997, c. 373, §4 (AMD).] B. The other board members may each receive no more than $3,500 per year, including per diem and expenses. [PL 1997, c. 373, §4 (AMD).] [PL 1997, c. 373, §4 (AMD).]

14-A. Human Services [PL 1995, c. 322, §2 (RP).]

14-B. Human Services Maine Health Data Organization Expenses Only 22 MRSA §8703 [PL 1995, c. 653, Pt. A, §1 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

14-C. Human Services Newborn Hearing Screening Advisory Board Expenses Only 22 MRSA §8823 [PL 1999, c. 647, §1 (NEW).]

14-D. Health Care Board of Trustees of Dirigo Health $100 per diem and expenses 24‑A MRSA §6904 [PL 2007, c. 447, §1 (AMD).]

14-E. Human Services [PL 2009, c. 369, Pt. A, §5 (RP).]

14-F. Health Care [PL 2011, c. 90, Pt. B, §1 (RP); PL 2011, c. 90, Pt. B, §10 (AFF).]

14-G. Health Care Statewide Coordinating Council for Public Health Not Authorized 22 MRSA §412 [PL 2009, c. 355, §4 (NEW).]

14-H. Health Care Board of Directors of the Maine Guaranteed Access Reinsurance Association Expenses Only 24‑A MRSA §3953 [RR 2011, c. 1, §6 (COR).]

14-I. Health care Maine Prescription Drug Affordability Board and advisory council Legislative Per Diem and Expenses 5 MRSA §2041 [PL 2019, c. 471, §2 (NEW).]

14-J. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2021, c. 391, §4) Health Care Maine Health Care Board Compensation determined under 24‑A MRSA §7503, sub‑§3 24‑A MRSA §7503 [PL 2021, c. 391, §1 (NEW); PL 2021, c. 391, §4 (AFF).]

15. Human Services: Human Rights Maine Human Rights Commission $25/Day $1,000 Max/Yr 5 MRSA §4561 [PL 1989, c. 503, Pt. A, §15 (AMD).]

15-A. Substance Use Disorder [PL 2021, c. 560, §1 (RP).]

15-B. Human Services: Immunization Maine Vaccine Board Not Authorized 22 MRSA §1066 [PL 2009, c. 595, §1 (NEW).]

16. Human Services: Child Protection [PL 1991, c. 780, Pt. DDD, §1 (RP).]

17. Human Services/Drug Prescriptions [PL 1991, c. 377, §5 (RP).]

18. Human Services/Health Facilities [PL 1993, c. 600, Pt. B, §1 (RP).]

19. Human Services/Drug Therapy [PL 1993, c. 381, §4 (RP).]

20. Inland Fisheries and Wildlife Inland Fisheries and Wildlife Advisory Council $50/Day 12 MRSA §10151 [PL 2003, c. 414, Pt. B, §4 (AMD); PL 2003, c. 614, §9 (AFF).]

20-A. Department of Marine Resources [PL 2009, c. 561, §2 (RP).]

20-B. Inland Fisheries and Wildlife ATV Enforcement Grant Review Committee Not Authorized 12 MRSA §10324 [PL 2003, c. 695, Pt. B, §1 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

21. Insurance [PL 1993, c. 410, Pt. R, §2 (RP); PL 1993, c. 410, Pt. R, §4 (AFF).]

21-A. Insurance Maine Self-Insurance Guarantee Association Board of Directors Not Authorized 39‑A MRSA §404 [PL 1993, c. 381, §5 (NEW).]

21-B. Insurance [PL 2007, c. 395, §16 (RP).]

22. Insurance [PL 1991, c. 622, Pt. L, §8 (RP); PL 1991, c. 622, Pt. S, §7 (RP).]

22-A. Agriculture [PL 2001, c. 667, Pt. B, §3 (RP); PL 2001, c. 667, Pt. B, §5 (AFF).]

23. Judiciary: Law [PL 2013, c. 533, §7 (RP).]

23-A. Judiciary [PL 2017, c. 242, §4 (RP).]

24. Labor Board of Occupational Safety and Health Expenses Only 26 MRSA §564 [PL 1987, c. 786, §5 (NEW).]

25. Labor [PL 2011, c. 491, §7 (RP).]

25-A. Legal Services Maine Commission on Public Defense Services Legislative Per Diem Plus Expenses 4 MRSA §1801 [PL 2023, c. 558, §7 (AMD).]

26. Labor [PL 2007, c. 395, §17 (RP).]

26-A. Labor [PL 2005, c. 178, §1 (RP); PL 2005, c. 294, §3 (RP).]

26-B. Marine Resources [PL 1995, c. 406, §3 (RP).]

26-C. Labor [PL 1999, c. 668, §24 (RP).]

26-D. Legislature State Compensation Commission Legislative Per Diem and Expenses 3 MRSA §2‑B [PL 1997, c. 506, §2 (NEW).]

26-E. Legislature [PL 2009, c. 652, Pt. A, §2 (RP).]

26-F. Maine National Guard [PL 2011, c. 344, §2 (RP).]

27. Marine Resources Marine Resources Advisory Council Expenses Only 12 MRSA §6024 [PL 1995, c. 382, §1 (AMD).]

27-A. Marine Resources [PL 1999, c. 668, §25 (RP).]

28. Mental Health, Mental Retardation and Substance Abuse Services [PL 1999, c. 668, §26 (RP).]

29. Natural Resources Land for Maine's Future Board Legislative Per Diem and Expenses for Appointed Members; Meals determined under 5 MRSA §6205, sub‑§3. 5 MRSA §6202 [PL 2023, c. 412, Pt. Y, §2 (AMD).]

29-A. Natural Resources [PL 1993, c. 381, §6 (RP).]

29-B. Natural Resources Maine Outdoor Heritage Fund Board Legislative Per Diem and Travel Expenses for Appointed Members 12 MRSA §10308 [PL 2003, c. 414, Pt. B, §5 (AMD); PL 2003, c. 614, §9 (AFF).]

29-C. Natural and Built Assets [PL 2011, c. 655, Pt. EE, §4 (RP); PL 2011, c. 655, Pt. EE, §30 (AFF).]

29-D. Professional Investigators Board of Licensure of Professional Investigators Expenses Only 32 MRSA §8103‑A [PL 2011, c. 366, §1 (NEW).]

30. Natural Resources [PL 1995, c. 532, §1 (RP).]

30-A. Public Information InforME Board Legislative Per Diem and Expenses for Voting Members 1 MRSA §534 [PL 1997, c. 713, §3 (NEW).]

30-B. Public Information Maine Library of Geographic Information Board Expenses Only 5 MRSA §2003 [PL 2005, c. 12, Pt. SS, §18 (AMD).]

30-C. Public Utilities Telecommunications Relay Services Council Some Expenses 35‑A MRSA §8704 [PL 2017, c. 408, §2 (AMD).]

30-D. Public Utilities [PL 2023, c. 646, Pt. A, §8 (RP).]

30-E. Public Safety Maine Length of Service Award Program Board of Trustees Expenses Only 5 MRSA §3372 [PL 2015, c. 352, §2 (NEW).]

31. Public Utilities [PL 1991, c. 622, Pt. S, §7 (RP).]

31-A. Science and Technology [PL 2003, c. 20, Pt. RR, §1 (RP); PL 2003, c. 20, Pt. RR, §18 (AFF).]

31-B. Small Business Maine Small Business and Entrepreneurship Commission Not Authorized 5 MRSA §13032 [PL 2005, c. 294, §4 (AMD).]

31-C. Secretary of State [PL 2011, c. 344, §3 (RP).]

32. Sport and Entertainment State Harness Racing Commission Legislative Per Diem 8 MRSA §261‑A [PL 1991, c. 579, §2 (AMD).]

33. State Government Commission on Governmental Ethics and Election Practices Legislative Per Diem 1 MRSA §1002 [IB 1995, c. 1, §9 (AMD).]

33-A. Taxation [PL 1993, c. 680, Pt. A, §15 (RP).]

33-B. Taxation Board of Trustees, Mining Excise Tax Trust Fund Not Authorized 5 MRSA §453‑A [PL 1993, c. 680, Pt. A, §16 (REEN).]

33-C. Transportation [PL 2019, c. 634, §1 (RP).]

33-D. Technology Maine Technology Institute Expenses Only 5 MRSA §15302 [PL 1999, c. 401, Pt. AAA, §1 (NEW).]

33-E. Technology [PL 2009, c. 90, §1 (RP).]

33-F. Technology ConnectMaine Authority Not Authorized 35‑A MRSA §9203 [PL 2019, c. 625, §1 (AMD).]

33-G. Treasurer of State Maine Retirement Savings Board Legislative Per Diem and Expenses 5 MRSA §172 [PL 2021, c. 356, §2 (NEW).] Revisor's Note: (Subsection 33-G as enacted by PL 2021, c. 364, §1 is REALLOCATED TO TITLE 5, SECTION 12004-G, SUBSECTION 33-H)

33-H. (REALLOCATED FROM T. 5, §12004-G, sub-§33-G) Technology Maine Connectivity Authority Not Authorized 35‑A MRSA §9404 [PL 2021, c. 364, §1 (NEW); RR 2021, c. 1, Pt. A, §5 (RAL).]

34. Veterans' Affairs Board of Trustees - of the Maine Veterans' Homes Expenses Only 37‑B MRSA §603 [PL 1989, c. 503, Pt. A, §20 (AMD).]

35. Workers' Compensation Workers' Compensation Board Lost wages up to $100; expenses 39‑A MRSA §151 [PL 1991, c. 885, Pt. A, §5 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
5 M.R.S. § 98 — ME Code / Title 5 / Part 1 / Chapter 6 / Section 98
5 §98. Maine Historical Records Advisory Board
Status: in_force

The Maine Historical Records Advisory Board, established by section 12004‑I, subsection 18‑D and referred to in this section as the "board," is within the office of the State Archivist and serves to encourage the preservation of and access to historical records within the State. [PL 2001, c. 704, §3 (NEW).]

1. Duties. In support of its mission, the board shall conduct the following activities: A. Make recommendations to the National Historical Publications and Records Commission regarding the funding of proposals seeking support from that commission; [PL 2001, c. 704, §3 (NEW).] B. Develop, maintain and execute a strategic plan supporting the board's priorities for funding recommendations and other activities; [PL 2001, c. 704, §3 (NEW).] C. Seek, receive and administer nonstate funds to support its priority activities; [PL 2001, c. 704, §3 (NEW).] D. Work cooperatively with other state historical records advisory boards, especially those in New England; and [PL 2019, c. 50, §14 (AMD).] E. Report biennially to the joint standing committee of the Legislature having jurisdiction over state and local government matters on the board's activities and on the condition of historical records in the State. [PL 2019, c. 50, §14 (AMD).] F. [PL 2019, c. 50, §15 (RP).] [PL 2019, c. 50, §§14, 15 (AMD).]

2. Authority. In order to carry out its mission, the board may make expenditures in accordance with the following: A. Beginning with the 2004-2005 biennium, the Governor shall include in the budget submitted to the Legislature each biennium a line item to allow the expenditure by the board of any non-General Fund revenues received by the board, including federal funds, grants or gifts. [PL 2019, c. 50, §16 (AMD).] B. [PL 2019, c. 50, §16 (RP).] [PL 2019, c. 50, §16 (AMD).]

3. Membership. The board consists of at least 7 and no more than 11 members who are appointed to serve as follows: A. Except as provided in paragraph B , the Governor shall appoint all of the members, the majority of whom must have experience in the administration of historical records or in a field of research activity that makes extensive use of historical records; [PL 2001, c. 704, §3 (NEW).] B. The Director of the Maine Historical Society and the State Archivist are members ex officio and are voting members; and [PL 2001, c. 704, §3 (NEW).] C. The Governor shall appoint either the Director of the Maine Historical Society or the State Archivist to serve as the Maine Historical Records Coordinator and to serve as the chair of the board. The coordinator shall serve a term of 4 years and may not be compensated but may receive the reimbursements allowed members of the board. [PL 2001, c. 704, §3 (NEW).] All members, with the exception of the coordinator, serve 3-year terms. All members serve without compensation. All legally allowed expenditures incurred by the members in the performance of their duties may be reimbursed by the National Historical Publications and Records Commission or by other funds available to the board. [PL 2001, c. 704, §3 (NEW).]

4. Maine Historical Records Advisory Board Fund. The Maine Historical Records Advisory Board Fund, referred to in this section as the "fund," is established for use by the board. Balances in the fund may not lapse and must be carried forward and used for the purposes of this section. The board may accept and deposit in the fund money from private and public sources. [PL 2001, c. 704, §3 (NEW).]
5 M.R.S. § 6211 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6211
5 §6211. Land for Maine's Future Board-sponsored credit card
Status: in_force

1. Land for Maine's Future Board-sponsored credit card. The Land for Maine's Future Board may enter into an agreement with a financial institution, as defined in Title 9‑B, section 131, subsection 17 , a credit union, as defined in Title 9‑B, section 131, subsection 12 , or other credit card issuer to issue a credit card for the benefit of the Land for Maine's Future Board. [PL 1995, c. 516, §1 (AMD).]

2. Agreement. If the Land for Maine's Future Board enters into an agreement with a financial institution, credit union or other credit card issuer in accordance with subsection 1 , the Land for Maine's Future Board shall negotiate the most favorable agreement for the Land for Maine's Future Board, considering such factors as: A. The rate for the Land for Maine's Future Board's fee by a credit card issuer; [PL 1995, c. 358, §1 (NEW).] B. The ability of the financial institution or other credit card issuer to market the card successfully; and [PL 1995, c. 516, §1 (AMD).] C. Customer service offered by the financial institution or other credit card issuer. [PL 1995, c. 516, §1 (AMD).] [PL 1995, c. 516, §1 (AMD).]

3. Distribution of proceeds. Funds received by the Land for Maine's Future Board under the agreement with the financial institution, credit union or other credit card issuer must be deposited in a separate, interest-bearing account within the Land for Maine's Future Trust Fund. The account must be held separate and apart from all other money, funds and accounts. Eligible investment earnings credited to the assets of the account become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year must be carried forward to the next fiscal year. Notwithstanding section 6203‑D, subsection 2 , the board may expend funds deposited in the account pursuant to this section to cover administrative costs and for staff support and consulting services, as determined necessary by the board to carry out its duties under this chapter. [PL 2023, c. 284, §18 (AMD).]
5 M.R.S. § 1812-C — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812-C
5 §1812-C. Use of composted and recycled organic materials and reclaimed soil and residuals
Status: in_force

1. Activities. All state agencies shall, to the maximum extent practical and consistent with sound environmental practices, use composted and recycled organic materials and reclaimed soil and residuals in the following activities: A. All land maintenance activities that are paid for by public funds; [PL 1991, c. 374, §2 (NEW).] B. All construction activities that are paid for by public funds; and [PL 1991, c. 374, §2 (NEW).] C. All land maintenance and construction activities that are awarded through grant-in-aid-programs to municipalities. [PL 1991, c. 374, §2 (NEW).] [PL 1991, c. 374, §2 (NEW).]

2. Standards. The Department of Agriculture, Conservation and Forestry shall develop standards for fertilizers and soil conditioners made from different mixes of compostible wastes that could be used by state agencies involved in land preparation and improvement work. These standards must be adopted by rule by January 1, 1990. [PL 1991, c. 374, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
5 M.R.S. § 94 — ME Code / Title 5 / Part 1 / Chapter 6 / Section 94
5 §94. Maine State Archives
Status: in_force

The office of the State Archivist is a bureau within the Department of the Secretary of State and consists of at least 2 organizational units as the State Archivist and the Secretary of State determine best suited to the accomplishment of the functions and purposes of this chapter. One organizational unit consists of archives services and one organizational unit consists of records management. The office is known as the Maine State Archives. The State Archivist is the official custodian of the archival resources of the State and has, upon consent of the Secretary of State, the duties and powers established under section 95‑C governing the creation, use, maintenance, retention, preservation and disposal of agency records. [PL 2019, c. 50, §6 (AMD).]
5 M.R.S. § 1981 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1981
5 §1981. Mission of Office of Information Technology
Status: in_force

The mission of the Office of Information Technology includes providing high-quality, responsive, cost-effective information technology services to the agencies, instrumentalities and political subdivisions of State Government. These services include, but are not limited to, voice and data computer and networking services, applications development and maintenance and desktop support, centralized geographic information systems and data and security advice to customers. [PL 2005, c. 12, Pt. SS, §16 (NEW).]

1. Service agency. The office shall serve as a service agency to meet the needs of client agencies in a timely, efficient and cost-effective manner. A. The office shall ensure that a high quality of service is provided to all users. [PL 2005, c. 12, Pt. SS, §16 (NEW).] B. The office shall allocate resources as necessary to meet peak demands and to best use available resources. [PL 2005, c. 12, Pt. SS, §16 (NEW).] C. The office shall ensure adequate backup for all information services. [PL 2005, c. 12, Pt. SS, §16 (NEW).] [PL 2005, c. 12, Pt. SS, §16 (NEW).]

2. Duties of office. The office shall provide the major data processing and telecommunications services in State Government, including computer operations and programming and applications systems. The office, as authorized by the commissioner, shall work to ensure consistency in programming services, stability in data processing functions, reliability in the operation and maintenance of systems throughout State Government and responsiveness and flexibility to react to changing situations and needs. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 244-C — ME Code / Title 5 / Part 1 / Chapter 11 / Section 244-C
5 §244-C. Access to confidential records
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Audit working paper" means all documentary and other information acquired, prepared or maintained by the State Auditor during the conduct of an audit or investigation, including all intraagency and interagency communications relating to an audit or investigation and includes draft reports or any portion of a draft report. [PL 1997, c. 703, §1 (NEW).] B. "Auditor" means the State Auditor or an agent of the State Auditor who is an employee of the Office of the State Auditor. [PL 2013, c. 16, §6 (AMD).] [PL 2013, c. 16, §6 (AMD).]

2. Information available to the Auditor. Notwithstanding any state law relating to the confidentiality of information, all information in the files of any department, commission or agency of the State subject to an audit or investigation by the Auditor must be made available when necessary to the Auditor for performance of the Auditor's official duties. A. Before beginning an audit or investigation that may require access to records containing confidential or privileged information, the Auditor shall consult with representatives of the department, commission or agency to discuss methods of identifying and protecting privileged or confidential information in those records. During that consultation, the department, commission or agency shall inform the Auditor of all standards and procedures set forth in department, commission or agency policies or agreements to protect information considered by the department, commission or agency to be confidential or privileged. The Auditor shall limit access to information that is privileged or confidential by appropriate methods, which may include examining records without copying or removing them from the department, commission or agency. [PL 1997, c. 703, §1 (NEW).] B. In making information available to the Auditor, the department, commission or agency that is subject to the audit or investigation or that provides the information may remove information that identifies individuals or institutions to protect privileged or confidential information, provided the information necessary for the Auditor to fulfill the Auditor's official duties is disclosed to the Auditor. If names are removed, another unique identifier must be inserted to enable verification of audit results. [PL 1997, c. 703, §1 (NEW).] C. Documentary or other information obtained by the Auditor during the course of an audit or investigation is privileged or confidential to the same extent under law that that information would be privileged or confidential in the possession of the department, commission or agency providing the information. Any privilege or statutory provision, including penalties, concerning the confidentiality or obligation not to disclose information in the possession of any department, commission or agency or their officers or employees applies equally to the Auditor. Privileged or confidential information obtained by the Auditor during the course of an audit or investigation may be disclosed only as provided by law and with the agreement of the department, commission or agency subject to the audit or investigation that provided the information. [PL 1997, c. 703, §1 (NEW).] D. If the Auditor accesses information classified as privileged or confidential pursuant to department, commission or agency policy or procedures or by agreement, the Auditor shall comply with the department, commission or agency standards or procedures for handling that information. The Auditor may include in the audit working papers only such excerpts from information classified as confidential or privileged as may be necessary to complete the audit, provided the use does not infringe on department policies or procedures applicable to the original provision of information. [PL 1997, c. 703, §1 (NEW).] [PL 1997, c. 703, §1 (NEW).]

3. Confidentiality of audit working papers. Except as provided in this subsection, audit working papers are confidential and may not be disclosed to any person. Prior to the release of the final audit or investigation report, the Auditor has sole discretion to disclose audit working papers to the department, commission or agency subject to the audit or investigation when such disclosure will not prejudice the audit or investigation. After release of the final audit or investigation report, working papers may be released as necessary to: A. The department, commission or agency that was subject to the audit or investigation; [PL 1997, c. 703, §1 (NEW).] B. Federal agencies providing a grant to the audited entity; [PL 1997, c. 703, §1 (NEW).] C. Law enforcement agencies for the purpose of criminal law enforcement or investigations; or [PL 1997, c. 703, §1 (NEW).] D. Other auditors in their work reviewing the Office of the State Auditor. [PL 2013, c. 16, §7 (AMD).] [PL 2013, c. 16, §7 (AMD).]
5 M.R.S. § 17928 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17928
5 §17928. Computation of benefit
Status: in_force

Until July 1, 1996, when a member qualified under section 17924 retires, after approval for disability retirement by the chief executive officer in accordance with section 17925 , the member is entitled to receive a disability retirement benefit equal to 59% of that member's average final compensation. The 59% level must be reviewed for cost-neutral comparability as a part of the actuarial investigation provided under section 17107, subsection 2, paragraph E , beginning with the investigation made January 1, 1997 and every 6 years thereafter. The review that takes place every 6 years must compare actual experience under the disability plans with actuarial assumptions regarding election and costs of benefits under the new options elected and identify possible options for compliance with the federal Older Workers Benefit Protection Act that protect benefits for employees without additional cost to the State and participating local districts. [PL 1997, c. 384, §8 (AMD); PL 2021, c. 548, §45 (REV).]

A member who by election remains covered, as to qualification for benefits, under section 17924 as written prior to its amendment by Public Law 1991, chapter 887, section 7, qualifies for a disability retirement benefit on meeting the requirements of section 17924, subsection 1 . When a member so qualified retires after approval for disability retirement by the chief executive officer in accordance with this article, the member is entitled to receive a disability retirement benefit equal to 66 2/3% of the member's average final compensation. [PL 2023, c. 405, Pt. A, §15 (AMD).]
5 M.R.S. § 286-M — ME Code / Title 5 / Part 1 / Chapter 13 / Section 286-M
5 §286-M. Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program
Status: in_force

1. Program established. The Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program is established to provide health insurance coverage to retired county and municipal law enforcement officers and retired municipal firefighters. [PL 2005, c. 636, Pt. A, §3 (NEW).]

2. Definitions. As used in this subchapter, the following terms have the following meanings. A. "County or municipal law enforcement officer" means a person who by virtue of employment by a county or municipal government in the State is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. "County or municipal law enforcement officer" does not include a state or federal law enforcement officer, an attorney prosecuting for a county or municipal government or a reserve officer. [PL 2005, c. 636, Pt. A, §3 (NEW).] B. "Dependent" means a spouse, an unmarried child under 19 years of age, a child who is a student under 23 years of age and financially dependent upon the enrollee, a child of any age who is disabled and dependent upon the enrollee or a domestic partner. [PL 2021, c. 567, §6 (AMD).] C. "Division" means the Department of Administrative and Financial Services, Office of Employee Health, Wellness and Workers' Compensation. [PL 2025, c. 48, Pt. B, §4 (AMD).] D. "Enrollee" means a county or municipal law enforcement officer or municipal firefighter who has enrolled in the program. [PL 2005, c. 636, Pt. A, §3 (NEW).] E. "Fund" means the Firefighters and Law Enforcement Officers Health Insurance Program Fund established in subsection 7 . [PL 2005, c. 636, Pt. A, §3 (NEW).] F. "Group health plan" or "group health insurance plan" means any employer-sponsored group health insurance plan, whether self-insured or fully insured, that provides coverage to eligible employees, retirees and their dependents. [PL 2005, c. 636, Pt. A, §3 (NEW).] G. "Majority multiple-employer welfare arrangement" means the multiple-employer welfare arrangement, as defined in Title 24‑A, section 6601, subsection 5 , in which the majority of state municipal government employees are enrolled as of the effective date of this section. [PL 2005, c. 636, Pt. A, §3 (NEW).] H. "Municipal firefighter" means a person employed by a municipal fire department with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel but does not include a member of a volunteer firefighter association. For the purposes of this paragraph, "emergency medical services line personnel" means persons who are career employees employed full-time by a public sector agency or employer and whose primary responsibility is to provide emergency medical services. [PL 2005, c. 636, Pt. A, §3 (NEW).] I. "Program" means the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program established in this section. [PL 2005, c. 636, Pt. A, §3 (NEW).] [PL 2025, c. 48, Pt. B, §4 (AMD).]

3. Eligibility for program coverage. A person must make contributions pursuant to subsection 5, paragraph D and subsection 8 in order to be eligible for coverage under the program. In addition, a person must satisfy the eligibility criteria specified in this subsection as follows: A. The person must: (1) Be at least 50 years of age; (2) Be a retired county or municipal law enforcement officer or a retired municipal firefighter; (3) Have, while actively employed as a county or municipal law enforcement officer or municipal firefighter, participated in the person's employer's health insurance plan or other fully-insured health insurance plan; and (4) Receive or be eligible to receive: (a) If retired from at least 25 years of service in a position as a county or municipal law enforcement officer or a municipal firefighter, a retirement benefit from the Maine Public Employees Retirement System or a defined contribution retirement plan other than the United States Social Security Act; or (b) If retired from less than 25 years of service in a position as a county or municipal law enforcement officer or a municipal firefighter, a retirement benefit from the Maine Public Employees Retirement System or a defined contribution retirement plan other than the United States Social Security Act, as long as the benefit provided is at least 50% of average final compensation, with no reduction for early retirement and with or without a cost-of-living adjustment; or [PL 2005, c. 636, Pt. A, §3 (NEW); PL 2007, c. 58, §3 (REV).] B. The person must be a dependent of a person meeting the criteria of paragraph A . [PL 2005, c. 636, Pt. A, §3 (NEW).] [PL 2021, c. 19, §1 (AMD).]

4. Program administration. The program is administered by the division. The division shall: A. Enter into administrative arrangements with fully insured health insurance product vendors to implement the purposes of this section; [PL 2005, c. 636, Pt. A, §3 (NEW).] B. Remit authorized premium subsidy payments for enrolled eligible persons and enrolled dependents to any fully insured group health insurance plans on a periodic basis, as established by agreements with the providers of those plans. The dollar value of the subsidy payment may vary with the premium cost of the benefit plan in which the enrollee participates; and [PL 2005, c. 636, Pt. A, §3 (NEW).] C. Adopt rules to implement the purposes of this section, including the determination of the program subsidy for enrollees pursuant to subsection 6 . Rules adopted under this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2005, c. 636, Pt. A, §3 (NEW).] [PL 2005, c. 636, Pt. A, §3 (NEW).]

5. Enrollment. A county or municipal law enforcement officer, a municipal firefighter or a person retired from such a position is eligible to enroll in the program. An eligible person who fails to enroll in the program pursuant to this subsection is not otherwise eligible to enroll in the program and is not eligible for the premium subsidy provided pursuant to this section for enrollment in any other health plan. A county or municipality that employs a county or municipal law enforcement officer or municipal firefighter shall notify such an employee of the program in writing no later than 60 days following the effective date of hire of that employee. Such an employee shall choose in writing whether to enroll in the program. A copy of the form on which an employee chooses to enroll in the program or to not enroll in the program must be retained by the county or municipality. Notwithstanding the date of enrollment, insurance coverage is not effective until the date of retirement or July 1, 2007, whichever occurs later. Eligible persons may enroll themselves, their spouses and their dependents in the program during the following time periods: A. When the effective date of hire of the eligible person is on or before November 1, 2006, the eligible person must enroll in the program before January 1, 2007, subject to the enrollment and eligibility requirements of the applicable group health plan; [PL 2005, c. 636, Pt. A, §3 (NEW).] B. When the effective date of hire of the eligible person is after November 1, 2006 and before October 1, 2019, the eligible person must enroll in the program no later than 60 days following the effective date of hire, subject to the enrollment and eligibility requirements of the applicable group health plan; [PL 2019, c. 446, §2 (AMD).] C. Notwithstanding paragraphs A and B , when the eligible person, the eligible person's spouse or the eligible person's dependent experiences an involuntary loss of other health insurance coverage carried as of January 1, 2007 or 60 days following the date of the eligible person's hire, whichever is later, the eligible person may elect to enroll in the program no later than 60 days after the effective date of the loss of that coverage, subject to the enrollment and eligibility requirements of the applicable group health plan. Involuntary loss of coverage does not include a loss of coverage arising as a result of nonpayment of premiums; or [PL 2019, c. 446, §2 (AMD).] D. When the effective date of hire of the eligible person is on or after October 1, 2019, the eligible person must enroll in the program no later than 5 years following the effective date of hire. If the eligible person enrolls in the program no later than 60 days following the effective date of hire, the eligible person contributes to the fund at the rate specified in subsection 8, paragraph A . If the eligible person enrolls in the program more than 60 days following the effective date of hire, the eligible person shall contribute to the fund 2% of the eligible person's gross wages since the eligible person's effective date of hire to that person's date of enrollment in the program and shall contribute to the fund at the rate specified in subsection 8, paragraph A after the eligible person's date of enrollment. [PL 2021, c. 19, §2 (AMD).] [PL 2021, c. 19, §2 (AMD).]

6. Premiums; subsidy. Premiums for the program and the premium subsidy are subject to the provisions of this subsection. Premium subsidies are not provided for supplemental health insurance coverage. A. An enrollee participating in the majority multiple-employer welfare arrangement is responsible for the premium payment associated with the cost of the majority multiple-employer welfare arrangement benefit option in which the enrollee is participating, to the extent such premium obligations exist following the application of any premium subsidy authorized by law. An enrollee who fails to remit the premium payments as established and required by the majority multiple-employer welfare arrangement must be disenrolled from the program. Beginning July 1, 2007, the State shall provide a premium subsidy for enrollees in the form of a direct payment to the majority multiple-employer welfare arrangement for each enrollee. Prior to July 1, 2021, the level of the subsidy must equal 45% of the individual premium cost for the enrollee and varies among enrollees depending upon the terms of the majority multiple-employer welfare arrangement coverage plan in which each enrollee is participating. Beginning July 1, 2021, the level of the subsidy must equal 55% of the individual premium cost for the enrollee and varies among enrollees depending upon the terms of the majority multiple-employer welfare arrangement coverage plan in which each enrollee is participating. Enrollees are responsible for the balance of the applicable individual premium, as well as the total cost of the premium for any applicable dependent coverage, and shall make payments directly to the majority multiple-employer welfare arrangement. [PL 2019, c. 446, §2 (AMD).] B. Enrollees retiring from counties or municipalities that do not participate in the majority multiple-employer welfare arrangement but who are eligible and elect to participate in that county's or municipality's fully insured health benefits plan are responsible for the premium payment associated with the cost of that plan, to the extent such premium obligations exist following the application of any premium subsidy authorized by law. An enrollee who fails to remit the premium payments as established and required by the fully insured plan must be disenrolled from the program. Beginning July 1, 2007, the State shall provide a premium subsidy for enrollees participating in fully insured health benefits plans pursuant to this subsection. Prior to July 1, 2021, this subsidy must be made in the form of a direct payment to the enrollee's health benefits plan and must equal 45% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A, whichever is less. Beginning July 1, 2021, this subsidy must be made in the form of a direct payment to the enrollee's health benefits plan and must equal 55% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A , whichever is less. A retiree electing to enroll a spouse or a dependent in the program is responsible for payment of 100% of such coverage in addition to that portion of the retiree's individual premium cost not contributed by the State. [PL 2019, c. 446, §2 (AMD).] C. Enrollees retiring from counties or municipalities that do not participate in the majority multiple-employer welfare arrangement and do not provide health insurance coverage for retirees may enroll in the group health plan available to state employees and other eligible persons under section 285 and are responsible for the premium payment associated with the cost of that plan, to the extent such premium obligations exist following the application of any premium subsidy authorized by law. An enrollee who fails to remit the premium payments as established and required by the group health plan available to state employees and other eligible persons must be disenrolled from the program. The State shall provide a premium subsidy for enrollees participating in the group health plan available to state employees and other eligible persons pursuant to this paragraph. Prior to July 1, 2021, this subsidy must be made in the form of a direct payment to the group health plan available to state employees and other eligible persons and must equal 45% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A , whichever is less. Beginning July 1, 2021, this subsidy must be made in the form of a direct payment to the group health plan available to state employees and other eligible persons and must equal 55% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A , whichever is less. A retiree electing to enroll a spouse or a dependent in the program is responsible for payment of 100% of such coverage in addition to that portion of the retiree's individual premium cost not contributed by the State. [PL 2019, c. 446, §2 (NEW).] D. An enrollee may participate in the group health insurance plan in which the enrollee's spouse participates if that plan is offered in this State or in another group health insurance plan that is offered in this State. An enrollee is responsible for the premium payment associated with the cost of the group health insurance plan in which the enrollee is participating. An enrollee who fails to remit the premium payments as established and required by the group health insurance plan in which the enrollee is participating must be disenrolled from the program. The State shall provide a premium subsidy for each enrollee in the form of a direct payment to the enrollee. Prior to July 1, 2021, the level of the premium subsidy must equal 45% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A , whichever is less. Beginning July 1, 2021, the level of the premium subsidy must equal 55% of the individual premium cost for the enrollee or a dollar amount equivalent to the highest premium subsidy provided in accordance with paragraph A , whichever is less. Enrollees are responsible for the balance of the applicable individual premium, as well as the total cost of the premium for any applicable dependent coverage, and shall make payments directly to the group health insurance plan in which the enrollee is participating. [PL 2021, c. 19, §3 (AMD).] [PL 2021, c. 19, §3 (AMD).]

7. Fund established. The Firefighters and Law Enforcement Officers Health Insurance Program Fund is established as a nonlapsing, dedicated account administered by the division. Money appropriated by law for the purpose of paying premium subsidies must be deposited in the fund. Premium dividends accruing to the State, return of premiums resulting from risk reduction programs, active employee contributions pursuant to subsection 8 and any other receipts must be deposited into the fund to be used for the purposes of the program. All monies not necessary to fund the normal costs and administrative costs of the program must be transferred to the trust fund established in subsection 7‑A at the end of each fiscal year. The fund is a pooled account. Individual law enforcement officers and firefighters do not have a right to money deposited in the fund except to the extent premium subsidies are available to program enrollees. [PL 2019, c. 280, §1 (AMD).]

7-A. Trust fund. A separate trust fund is established for the purpose of accumulating resources to assist in retiring the unfunded liability of the program. All monies transferred pursuant to subsection 7 at the end of each fiscal year must be deposited in the trust fund. The Treasurer of State shall invest the monies in the trust fund in accordance with section 138 . [PL 2019, c. 280, §2 (NEW).]

8. Employee contributions to the fund. The contributions of enrollees to the fund are governed by this subsection. A. Beginning January 1, 2007, each enrollee who participates as an active employee in a retirement plan shall contribute 1.5% of that enrollee's gross wages to the fund. [PL 2005, c. 636, Pt. A, §3 (NEW).] B. The employer of an enrollee required to contribute to the fund shall remit on a monthly basis that enrollee's contribution to the fund. [PL 2005, c. 636, Pt. A, §3 (NEW).] C. An enrollee who is not receiving wages from a county or municipal employer on account of an absence from work due to an injury compensable under the Maine Workers' Compensation Act of 1992, a disability for which the enrollee is receiving a disability retirement benefit from the Maine Public Employees Retirement System or a leave of absence must contribute to the fund for the period of time of the absence from work based on the enrollee's gross wages immediately before the absence from work in order for the enrollee to be eligible for coverage under the program. [PL 2019, c. 446, §3 (NEW).] D. An enrollee who retires and is subsequently hired as a county or municipal law enforcement officer or municipal firefighter must contribute to the fund while employed as a county or municipal law enforcement officer or municipal firefighter in order for the enrollee to be eligible for coverage under the program. [PL 2019, c. 446, §3 (NEW).] E. An enrollee who is not receiving wages from a county or municipal employer because the enrollee is a member of the United States Armed Forces or state military forces on active duty and deployed is not required to contribute to the fund while deployed. [PL 2019, c. 446, §3 (NEW).] [PL 2019, c. 446, §3 (AMD).]

9. Retirees without 5 years of contributions to fund. [PL 2019, c. 446, §4 (RP).]

10. Coverage under the program. The benefits, copayments and deductibles under the program are determined by the fully insured health benefits plan in which the retired enrollee participates. Pursuant to the rules of the applicable plan, a retired enrollee is required to participate in the same health insurance plan as the active employees of the unit of government from which the enrolled person has retired. Participation in any qualified health insurance plan is subject to the rules of that plan. [PL 2005, c. 636, Pt. A, §3 (NEW).]

11. Volunteer and call firefighters and reserve law enforcement officers. A member of a volunteer or call firefighters' association in this State, as well as a person serving as a county or municipal law enforcement officer on a reserve basis, is eligible to participate in the program of health benefits coverage established pursuant to the eligibility criteria and other provisions set forth in Title 24‑A, chapter 87 if that person meets the eligibility requirements under that chapter. [PL 2005, c. 636, Pt. A, §3 (NEW).]

12. Report. The division shall submit a report to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters in the Second Regular Session of the 124th Legislature, and biennially thereafter, on the status of the program, program participation, including enrollment data, and the financing of the program, including the status of the fund, expenditures from the fund, current and projected premium costs to the program and to program enrollees and a projection of funding needs for the next 5 years. The report must provide options, based on projections of future need, for changing the method of funding any state-paid premium subsidy, if such a subsidy is authorized by law, and employee contributions. [PL 2025, c. 147, §1 (AMD).]
5 M.R.S. § 5 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 5
5 §5. Oath of office; before whom taken
Status: in_force

The Justices of the Supreme Judicial Court and of the Superior Court, the Judges of the District Court and all state officials elected by the Legislature shall take and subscribe the oath or affirmation required by the Constitution, before the Governor. Every other person elected or appointed to any civil office shall take and subscribe the oath before any dedimus justice commissioned by the Governor for that purpose, except when the Constitution otherwise provides. A newly appointed notary public shall take and subscribe the oath or affirmation before a dedimus justice as required by Title 4, section 1922, subsection 3 . [PL 2021, c. 651, Pt. A, §5 (AMD); PL 2021, c. 651, Pt. A, §8 (AFF).]
5 M.R.S. § 192 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 192
5 §192. Prosecution of all claims for State
Status: in_force

All civil actions to recover money for the State shall be brought by the Attorney General or by the district attorney in the name of the State. The Attorney General shall appear before the departments and tribunals of the United States and the committees of Congress to prosecute all claims of the State against the United States. [PL 1973, c. 567, §20 (AMD).]
5 M.R.S. § 1583-B — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1583-B
5 §1583-B. Personal services policy
Status: in_force

1. Personal services policy and review. The Department of Administrative and Financial Services, Bureau of the Budget shall continually review with all state departments the status of their staffing levels and patterns for the purpose of determining whether funds and positions are being utilized and managed in the most economical and efficient manner to accomplish the intent of the Legislature. Permanent positions for which funds are appropriated or allocated must be classified positions unless specifically designated otherwise by the Legislature. It is the responsibility of the State Human Resources Officer within the Department of Administrative and Financial Services to ensure that classified and unclassified positions are assigned to the proper pay grade and of the State Budget Officer to ensure that the positions are within authorized headcount and funds. [PL 2005, c. 12, Pt. T, §3 (NEW); PL 2023, c. 412, §3 (REV).]

2. Personal services flexibility. Any classification or reclassification of a position and any allocation or reallocation of a position within the compensation plan made by the State Human Resources Officer within the Department of Administrative and Financial Services pursuant to the Civil Service Law and applicable rules becomes effective on the first day of the fiscal year following approval by the State Budget Officer and the appropriation or allocation of funds therefore, except that the State Budget Officer may, if the officer determines that sufficient funds exist, authorize an effective date prior to the first day of the ensuing fiscal year. [PL 2005, c. 12, Pt. T, §3 (NEW); PL 2023, c. 412, §3 (REV).]
5 M.R.S. § 3360-F — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-F
5 §3360-F. Determination of award
Status: in_force

1. Hearings. The board may hold a hearing on any claim and the board shall hold a hearing if requested by the claimant. The claimant may address the board at a hearing on the claim and the board may take testimony under oath. [PL 1991, c. 806, §3 (NEW).]

2. Information. In addition to the material and information required by law and by the board, the claimant may provide the board with any other information pertinent to the nature or the amount of the claim. The board shall receive and consider information provided by law enforcement agencies and prosecution authorities and, at its sole discretion, may receive and consider relevant information from any other source. [PL 1997, c. 378, §10 (AMD).]

3. Determination of award. The board shall determine by a preponderance of the evidence whether a specified crime occurred, whether the personal injury or death was the result of that criminal conduct, the amount of eligible expenses and losses suffered by the claimant, whether to award compensation and the amount of the compensation. In determining the amount of compensation to be paid, the board shall consider the amount available to pay victim compensation claims, the history of claims paid by the board, the number and amount of currently pending claims and the nature and cost of expenses submitted by the claimant. [PL 1999, c. 360, §8 (AMD); PL 1999, c. 360, §9 (AFF).]

4. Unanimous decision. The board shall determine action on a claim with a quorum participating on that claim, but any award of compensation requires the unanimous concurrence of all members present. [PL 1991, c. 806, §3 (NEW).]

5. Final decision. The board's final decision must contain reasons for the determination. [PL 1991, c. 806, §3 (NEW).]
5 M.R.S. § 194-A — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-A
5 §194-A. Nonprofit hospital and medical service organizations
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliate" means a person who directly or indirectly controls or is controlled by or is under common control with the person specified. [PL 1997, c. 344, §1 (NEW).] B. "Charitable authority" means the Attorney General's authority over charities under section 194 , under the Attorney General's corresponding common law authority and under the Maine Nonprofit Corporation Act, Title 13‑B . [PL 1997, c. 344, §1 (NEW).] C. "Charitable trust" means the entity described in subsection 5, paragraph B , subparagraph (1). [PL 1997, c. 344, §1 (NEW).] D. "Contract holder" means the employer, labor union, association, trustee, creditor or other entity to which a group contract evidencing coverage is issued. [PL 1997, c. 344, §1 (NEW).] E. "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise unless the power is solely the result of an official position with or a corporate office held by the person. [PL 1997, c. 344, §1 (NEW).] F. "Conversion" means the process by which a nonprofit hospital and medical service organization, with the approval of the superintendent pursuant to Title 24, section 2301, subsection 9‑D , converts to a domestic stock insurer. [PL 1997, c. 344, §1 (NEW).] G. "Fair market value" means the value of an organization or an affiliate or of the assets of such an entity determined, consistent with Title 24, section 2301, subsection 9‑D , as if the entity had voting stock outstanding and 100% of its stock were freely transferrable and available for purchase without restrictions. In determining fair market value, consideration must be given to value as a going concern, market value, investment or earnings value, net asset value and a control premium, if any. If a charitable trust receives, at the time of conversion, 100% of the shares of the then-outstanding stock of the converted domestic stock insurer, the charitable trust is regarded as having acquired the fair market value of the organization unless the superintendent finds that such outstanding stock does not represent the fair market value of the organization. [PL 1997, c. 344, §1 (NEW).] H. "Health insurance affiliate" means any domestic for-profit stock insurer required to be authorized under Title 24‑A, section 404 to provide health insurance or any domestic for-profit health maintenance organization required to be licensed under Title 24‑A, chapter 56 that is formed, acquired, invested in or otherwise established, whether directly or indirectly, by a nonprofit hospital and medical service organization. [PL 1997, c. 344, §1 (NEW).] I. "Materially changes its form" or "material change in form" means any transaction that the superintendent or Attorney General determines has transferred control of the organization to a person other than a public charity as defined in section 194 , substantially changed the organization's legal or regulatory status or substantially changed the organization's purposes, including, but not limited to, conversion, dissolution, merger, division, consolidation, amalgamation, disposition of substantially all of an organization's business, line of business or assets, lease, exchange, restructuring or bulk reinsurance transfer. [PL 2003, c. 171, §2 (AMD).] J. "Member" means a member of the nonprofit hospital and medical service organization entitled to vote under the articles or bylaws of the organization. [PL 1997, c. 344, §1 (NEW).] K. "Nonprofit hospital and medical service organization" or "organization" means a corporation or other entity authorized by the superintendent or organized pursuant to Title 24 for the purpose of providing nonprofit hospital service plans within the meaning of Title 24, section 2301, subsection 1 , nonprofit medical service plans within the meaning of Title 24, section 2301, subsection 2 and any organization that provides only nonprofit health care plans within the meaning of Title 24, section 2301, subsection 3 . [PL 2001, c. 550, Pt. B, §1 (AMD).] L. "Subscriber" means an individual who has subscribed to one or more of the hospital, medical or health care service plans or contracts offered by the organization or health insurance affiliate as defined in Title 24, section 2308‑A through an individual or family policy or group policy. [PL 1997, c. 344, §1 (NEW).] M. "Superintendent" means the Superintendent of Insurance. [PL 1997, c. 344, §1 (NEW).] [PL 2003, c. 171, §2 (AMD).]

2. Charitable status of organization. Any nonprofit hospital and medical service organization is a charitable and benevolent institution and a public charity and its assets are held for the purpose of fulfilling the charitable purposes of the organization. The charitable purposes may include, but are not limited to, the following: providing access to medical care through affordable health insurance and affordable managed care products for persons of all incomes; identifying and addressing the State's unmet health care needs, particularly with regard to medically uninsured and underserved populations; making services and care available through participating providers; and improving the quality of care for medically uninsured and underserved populations. A. If the organization materially changes its form and the ownership of an organization is at issue or is relevant in any proceeding in court or before the superintendent, then 100% of the fair market value of the organization as of the date of the material change in form must be owned by the charitable trust upon the approval or approval with modifications of the charitable trust plan or modified charitable trust plan by the court pursuant to subsection 5 or 6 and must be dedicated to the fulfillment of the charitable trust. [PL 2003, c. 171, §3 (AMD).] B. [PL 2003, c. 171, §3 (RP).] C. [PL 2003, c. 171, §3 (RP).] [PL 2003, c. 171, §3 (AMD).]

3. Determination of ownership interest and charitable purposes by the Superior Court. [PL 2003, c. 171, §4 (RP).]

4. Representation of charitable interests. Except as provided in this subsection, the Attorney General is the sole person authorized to represent the charitable interests of beneficiaries of the charitable obligations of a nonprofit hospital and medical service organization and any health insurance affiliate in any proceeding before any court or any administrative agency. The Attorney General may enforce the organization's charitable obligations in an action in Superior Court under the Attorney General's charitable authority. Nothing in this subsection may be construed to limit the superintendent's authority with respect to the interests of subscribers or the public in enforcing the provisions of Title 24 and Title 24‑A . A. The board of directors of a nonprofit hospital and medical service organization has the responsibility to fulfill the organization's charitable obligation, subject only to the Attorney General's authority to represent the charitable interests of beneficiaries of the organization's charitable obligation, any applicable law and the superintendent's authority to enforce Title 24 and Title 24‑A . [PL 1997, c. 344, §1 (NEW).] B. A nonprofit hospital and medical service organization shall reimburse the Attorney General and the superintendent for the costs of any experts or consultants retained by the Attorney General or the superintendent in connection with any matter before any court or any administrative agency relating to the organization's charitable value and charitable obligations. [PL 1997, c. 344, §1 (NEW).] [PL 1997, c. 344, §1 (NEW).]

5. Charitable trust plan required prior to conversion. A nonprofit hospital and medical service organization shall submit a charitable trust plan to the Attorney General at the same time that it submits a conversion plan to the superintendent for approval of a conversion to a domestic stock insurer pursuant to Title 24, section 2301, subsection 9‑D . A. Within 60 days of the organization's submission of the charitable trust plan to the Attorney General, the Attorney General shall file an action under the Attorney General's charitable authority in Superior Court seeking approval, approval with modifications, or disapproval of the charitable trust plan or of any amended charitable trust plan submitted to the Attorney General by the organization with the consent of the Attorney General. [PL 1997, c. 344, §1 (NEW).] B. An organization may not convert to a domestic stock insurer under Title 24, section 2301, subsection 9‑D until the Superior Court has approved or approved with modifications the organization's charitable trust plan. The court may not approve or approve with modifications the charitable trust plan unless it finds that the charitable trust plan meets the following requirements. (1) The plan must describe the charitable trust or trusts that will receive the ownership interest in the organization following its conversion to a domestic stock insurer. For purposes of this section, a charitable trust: (a) Must be a new or existing trust or public benefit corporation formed under the laws of this State, but may not include the organization or any person controlled by the organization; (b) Must be a charitable entity that qualifies for federal income tax exemption under the United States Internal Revenue Code of 1986, as amended, Section 501 (c)(3) or (c)(4); (c) May not be controlled by the converted domestic stock insurer; (d) May not have more than one of its directors serve as a director of the domestic stock insurer; (e) May not have as a director any person who has been a director or officer of the organization, the domestic stock insurer or any affiliate of either during the 3-year period preceding the date of appointment as a director of the charitable trust; and (f) Must have a board of directors representing the people of the State including, but not limited to, persons representing the interests of the medically uninsured and underserved populations. (2) The charitable mission of the charitable trust must include, but is not limited to, serving the State's unmet health care needs for the type of care historically covered by the organization, particularly with regard to medically uninsured and underserved populations and providing access to care and improving quality of care for those populations. (3) The charitable trust plan must provide for the fair and equitable use by the charitable trust of its ownership interest in the organization to fulfill the charitable mission of the charitable trust. (4) The charitable trust plan must require the charitable trust to report annually to the Attorney General as to its charitable activities and grant making relating to the use of its ownership interest in the organization and to make that annual report available to the public at both the Department of the Attorney General and the office of the charitable trust. (5) The charitable trust plan must require the charitable trust, at all times when the charitable trust owns stock in any converted stock insurer and for 5 calendar years after any such ownership, to provide audited financial statements on a calendar-year basis and other reports, as may be required, to the superintendent and the Attorney General at the time and in the manner as either the Attorney General or the superintendent prescribes. (7) The charitable trust must have in place procedures and policies to prohibit conflicts of interest, including those associated with grant-making activities that may benefit the converted stock insurer, its affiliates, any person who owns or controls any ownership interest in either the converted stock insurer or its affiliates and any directors or officers of the converted stock insurer or its affiliates. [PL 2003, c. 171, §5 (AMD).] C. The superintendent has the right to intervene in the Superior Court proceeding. [PL 1997, c. 344, §1 (NEW).] D. In approving, disapproving or approving with modification the charitable trust plan, the Superior Court may not review or decide the fair market value of the organization, including the methodologies for determining, allocating and transferring the fair market value of the organization. This paragraph does not in any way limit the appeal rights of any person under the Maine Rules of Civil Procedure, Rule 80(c) or under the Maine Administrative Procedure Act from the superintendent's final agency action on these matters pursuant to Title 24, section 2301, subsection 9‑D . [PL 2003, c. 171, §6 (AMD).] [PL 2003, c. 171, §§5, 6 (AMD).]

6. Modified charitable trust plan required for a material change in form. An organization shall notify the Attorney General and the superintendent of the organization's intent to engage in any transaction described in subsection 1, paragraph I at least 60 days prior to engaging in that transaction. Upon the superintendent's or the Attorney General's determination that a transaction described in subsection 1, paragraph I is a material change in form, notice must be given to the organization and the Attorney General or superintendent, as applicable. Within 90 days after the superintendent or the Attorney General issues a notice of the determination that a transaction described in subsection 1, paragraph I is a material change in form, other than through conversion to a domestic stock insurer pursuant to Title 24, section 2301, subsection 9‑D , the Attorney General shall file an action in Superior Court under the Attorney General's charitable authority requesting the court to order the organization to submit to the superintendent, the court and the Attorney General a modified charitable trust plan containing the provisions set forth in subsection 5, paragraph I as the court determines are reasonable under the circumstances, together with any additional provisions as the court determines are reasonably required to coordinate the modified charitable trust plan with any proceeding instituted or to be instituted by the superintendent in connection with the material change in form. The Superior Court, after hearing, shall approve, approve with modifications or disapprove the modified charitable trust plan. The superintendent has the right to intervene in the Superior Court proceeding. In the event that either the superintendent or the court determines that a valuation of the organization is necessary, the superintendent shall conduct the valuation consistent with Title 24, section 2301, subsection 9‑D . The superintendent may hold proceedings as the superintendent determines necessary to review an organization's proposal to materially change its form. If the modified charitable trust plan includes the creation of a charitable trust or public benefit corporation, the charitable trust or public benefit corporation may not include the organization or any person controlled by the organization. [PL 2003, c. 171, §7 (AMD).]

7. Affiliates providing health insurance. This subsection governs health insurance affiliates. A. A nonprofit hospital and medical service organization shall notify the Attorney General at least 60 days prior to directly or indirectly forming, acquiring, investing in or otherwise establishing a health insurance affiliate. [PL 1997, c. 344, §1 (NEW).] B. Each health insurance affiliate shall expressly have corporate purposes that are consistent with or are in furtherance of the charitable and benevolent purposes of its public charity owners. (1) Subject to subparagraph (2), the health insurance affiliate may further its purposes as described in this paragraph by: (a) The provision of direct services that are consistent with or further the charitable and benevolent purposes of its public charity owners; or (b) The payment of distributions or dividends to any public charity owner. (2) The payment by the health insurance affiliate of distributions or dividends to any owner does not fulfill a health insurance affiliate's purposes as described in this paragraph if the payment of such distributions or dividends unreasonably interferes with the health insurance affiliate's ability to fulfill its purposes as described in this paragraph through the provision of direct services as described in subparagraph (1), division (a). Payment of dividends and distributions may be made to a for-profit owner consistent with this subparagraph but may not be considered to fulfill the health insurance affiliate's purposes as described in this paragraph. (3) If the nonprofit hospital and medical service organization holding an ownership interest in a health insurance affiliate materially changes its form and the Superior Court has approved or approved with modifications a charitable trust plan or modified charitable trust plan, the purposes as described in this paragraph of the health insurance affiliate terminate unless the Superior Court determines otherwise. [PL 2003, c. 171, §8 (AMD).] C. Any public charity that owns or controls an ownership interest in a health insurance affiliate must be treated as having acquired that ownership interest in furtherance of the charitable purposes of the public charity. [PL 2003, c. 171, §8 (AMD).] D. The Attorney General may enforce the purposes as described in paragraph B of a health insurance affiliate under this subsection under the Attorney General's charitable authority to the same extent as if the health insurance affiliate were a public charity. [PL 2003, c. 171, §8 (AMD).] E. A nonprofit hospital and medical service organization shall file with the Attorney General and the superintendent a charitable activities plan at least 60 days prior to the organization's sale of any ownership interest in a health insurance affiliate or the sale or other disposition of substantially all the assets of the health insurance affiliate. (1) The charitable activities plan must set forth the charitable activities that the nonprofit hospital and medical service organization intends to pursue with the revenues or proceeds received from the sale of any ownership interest in a health insurance affiliate or the sale or other disposition of substantially all the assets of the health insurance affiliate. (2) If the Attorney General concludes that the charitable activities plan does not fairly and equitably fulfill the nonprofit hospital and medical service organization's charitable purposes, the Attorney General shall bring an action in Superior Court under the Attorney General's charitable authority to challenge the charitable activities plan. The Attorney General shall provide to the superintendent prior written notice of any such action. The superintendent has the right to intervene in such action. If the Superior Court determines that the organization's charitable activities plan does not fairly and equitably fulfill the organization's purposes as described in paragraph B , the court shall issue orders necessary to remedy the inadequacies in the charitable activities plan. (3) If a nonprofit hospital and medical service organization sells its ownership interest in a health insurance affiliate and the charitable activities plan filed with the Attorney General in connection with the sale has been approved by the Attorney General or the Superior Court, then the purposes described in paragraph B of a health insurance affiliate terminate unless the Superior Court determines otherwise. [PL 1997, c. 344, §1 (NEW).] F. Each health insurance affiliate shall file an annual report with the Attorney General at the time and in the manner as the Attorney General shall establish describing the efforts that the affiliate has undertaken to fulfill its purposes as described in paragraph B, including, but not limited to, all direct services as described in paragraph B , subparagraph (1), division (a) and grant making. [PL 1997, c. 344, §1 (NEW).] G. The sale by an organization of its ownership interest in a health insurance affiliate for fair market value, as determined by the superintendent, does not constitute a diversion of charitable assets. [PL 1997, c. 344, §1 (NEW).] [PL 2003, c. 171, §8 (AMD).]

8. Annual report. The organization shall file an annual report with the Attorney General and the superintendent at the time and in the manner as the Attorney General establishes describing the efforts that the organization has undertaken to fulfill its charitable and benevolent purposes. [PL 1997, c. 344, §1 (NEW).]
5 M.R.S. § 17254 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17254
5 §17254. Minimum state contribution
Status: in_force

The aggregate payment by the State into the Retirement Allowance Fund for state employees and teachers must be at least sufficient, when combined with the amount in the Retirement Allowance Fund, to provide the benefits payable out of the fund and the administrative operating expenses of the Maine Public Employees Retirement System during the current year. [PL 2007, c. 58, §3 (REV); PL 2007, c. 240, Pt. U, §7 (AMD).]
5 M.R.S. § 4594-G — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594-G
5 §4594-G. Standards for facilities constructed or altered after March 15, 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 place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part of the building or 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. Normal maintenance, reroofing, painting or wallpapering, asbestos removal or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. [PL 2011, c. 322, §8 (NEW).] B. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of a property in a municipality that does not require building permits. [PL 2011, c. 322, §8 (NEW).] C. "Commuter rail transportation" means short-haul rail passenger service operating in metropolitan and suburban areas, whether within or across the geographical boundaries of a state, usually characterized by reduced fare, multiple ride and commutation tickets and by morning and evening peak period operations. This term does not include light or rapid rail transportation. [PL 2011, c. 322, §8 (NEW).] D. "Demand responsive system" means any system of transporting individuals, including the provision of designated public transportation service by public entities and the provision of transportation service by private entities, including but not limited to specified public transportation service, that is not a fixed-route system. [PL 2011, c. 322, §8 (NEW).] E. "Designated public transportation" means transportation provided by a public entity other than public school transportation by bus, rail or other conveyance other than transportation by aircraft or intercity or commuter rail transportation that provides the general public with general or special service, including charter service, on a regular and continuing basis. [PL 2011, c. 322, §8 (NEW).] F. "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located. [PL 2011, c. 322, §8 (NEW).] G. "Fixed-route system" means a system of transporting individuals other than by aircraft, including the provision of designated public transportation service by public entities and the provision of transportation service by private entities, including, but not limited to, specified public transportation service, on which a vehicle is operated along a prescribed route according to a fixed schedule. [PL 2011, c. 322, §8 (NEW).] H. "Intercity rail transportation" means transportation provided by the National Railroad Passenger Corporation, doing business as Amtrak. [PL 2011, c. 322, §8 (NEW).] I. "New construction" includes, but is not limited to, the design and construction of a facility 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. 322, §8 (NEW).] J. "Specified public transportation" means transportation by bus, rail or any other conveyance other than aircraft provided by a private entity to the general public, with general or special service, including charter service, on a regular and continuing basis. [PL 2011, c. 322, §8 (NEW).] K. "Standards of construction" means: (1) For a transportation facility, the accessibility standards adopted by the federal Department of Transportation, 49 Code of Federal Regulations, Sections 37.9, 37.41, 37.43 and 37.45 (2010); (2) For a facility constructed or altered by, on behalf of or for the use of a public entity, other than a transportation facility, the 2010 ADA Standards for Accessible Design, 28 Code of Federal Regulations, Sections 35.104 and 35.151; and (3) For a place of public accommodation or a commercial facility, other than a facility covered by subparagraph (1) or (2), the 2010 ADA Standards for Accessible Design, 28 Code of Federal Regulations, Section 36.104 and Sections 36.401 to 36.406. [RR 2011, c. 2, §3 (COR).] L. "Transportation facility" means a facility constructed or altered by, on behalf of or for the use of: (1) Any public entity that provides designated public transportation or intercity or commuter rail transportation; (2) Any private entity that provides specified public transportation; or (3) Any private entity that is not primarily engaged in the business of transporting people but operates a demand responsive system or fixed-route system. [PL 2011, c. 322, §8 (NEW).] [RR 2011, c. 2, §3 (COR).]

2. Facilities attested. This section applies to new construction and alterations of transportation facilities, places of public accommodation and commercial facilities and facilities constructed or altered by, on behalf of or for the use of a public entity, if: A. The last application for a building permit or permit extension is certified to be complete by the appropriate state, county or local government entity on or after March 15, 2012; [PL 2011, c. 322, §8 (NEW).] B. In a jurisdiction where the government does not certify completion of applications, the last application for a building permit or permit extension is received by the appropriate state, county or local government entity on or after March 15, 2012; or [PL 2011, c. 322, §8 (NEW).] C. If no permit is required, the start of physical construction or alterations occurs on or after March 15, 2012. [PL 2011, c. 322, §8 (NEW).] [PL 2011, c. 322, §8 (NEW).]

3. Unlawful discrimination. In addition to failure to meet applicable accessible building requirements in subchapter 4 , for purposes of this Act, unlawful discrimination includes, but is not limited to, the failure to meet the standards of construction for new construction or alterations subject to this section. [PL 2011, c. 322, §8 (NEW).]

4. Barrier-free certification. If the costs of construction or alterations are at least $75,000, the builder of a facility to which this section applies must obtain a certification from an architect, professional engineer, certified interior designer or landscape architect who is licensed, certified or registered to practice under Title 32 and is practicing within the scope of that individual's profession that the plans meet the requirements of subsection 3 . The builder shall provide the certification to the Office of the State Fire Marshal with the plans of the facility. The builder shall also provide the certification to the municipality where the facility exists or will be built. Nothing in this section may be construed to change the scope of practice of any individual licensed, certified or registered to practice under Title 32 . [PL 2011, c. 322, §8 (NEW).]

5. Training, education and assistance. The commission and the Office of the State Fire Marshal, with input from organizations representing persons with disabilities, shall develop, as necessary, information packets, lectures, seminars and educational forums on barrier-free design for the purpose of increasing the awareness and knowledge of owners, architects, professional engineers, certified interior designers, landscape architects, code enforcers, building contractors, persons with disabilities and other interested parties. [PL 2011, c. 322, §8 (NEW).]

6. Mandatory plan review; certification. A builder of a proposed public building shall submit plans to the Office of the State Fire Marshal prior to construction to ensure that the plans meet the standards of construction. A. For purposes of this subsection, "public building" means any building or structure constructed, operated or maintained for use by the general public, including, but not limited to, all buildings or portions of buildings used for: (1) State, municipal or county purposes; (2) Education; (3) Health care, residential care nursing homes or any facility licensed by the Department of Health and Human Services; (4) Public assembly; (5) A hotel, motel, inn or rooming or lodging house; (6) A restaurant; (7) Business occupancy of more than 3,000 square feet or more than one story; or (8) Mercantile occupancy of more than 3,000 square feet or more than one story. [PL 2011, c. 322, §8 (NEW).] B. The municipal authority having jurisdiction to issue building permits may not issue a building permit unless the Office of the State Fire Marshal approves the plans and certifies that the plans for the public building covered by this subsection meet the standards of construction. If the builder of a facility is required to obtain barrier-free certification, a permit for construction from the Office of the State Fire Marshal is also required. If no decision is rendered within 2 weeks of submission to the Office of the State Fire Marshal, the builder may submit the permit request directly to the municipality with an attestation from an architect or professional engineer licensed or registered to practice under Title 32 that the plans meet the standards of construction. [PL 2011, c. 322, §8 (NEW).] [PL 2011, c. 322, §8 (NEW).]

7. Inspection. If officials of the municipality in which a restaurant, motel, hotel or inn; state, municipal or county building; or an elementary or secondary school covered by this subsection is constructed, renovated, remodeled or enlarged inspect buildings for compliance with construction standards, that inspection must include an inspection for compliance with plans certified by the Office of the State Fire Marshal or by a professional pursuant to subsection 4 . The municipal officials shall require that a facility covered by this paragraph be inspected for compliance with the standards of construction required by subsection 3 before the municipal officials permit a facility covered by this paragraph to be occupied. [PL 2011, c. 322, §8 (NEW).]

8. Voluntary plan review. Builders of facilities not governed by subsection 6 may submit plans to the Office of the State Fire Marshal to ensure that the plans meet the standards of construction required by subsection 3 . Certification for a voluntary plan review may be provided by an architect, professional engineer, certified interior designer or landscape architect licensed, certified or registered to practice under Title 32 and practicing within the scope of that individual's profession. [PL 2011, c. 322, §8 (NEW).]

9. Waivers; variance. Builders of facilities governed by subsection 6 may file a petition with the State Fire Marshal requesting a waiver or variance of the standards of construction. If a representative of the Office of the State Fire Marshal determines, in cases covered by mandatory plan review pursuant to subsection 6 , that compliance with this section and its rules is structurally impracticable, the State Fire Marshal may provide for modification of, or substitution for, these standards. In all petitions for variance or waiver, the burden of proof is on the party requesting the variance or waiver to justify allowing the variance or waiver. [PL 2011, c. 322, §8 (NEW).]

10. Appeals relating to mandatory plan reviews. Decisions of the State Fire Marshal on requests for waivers or variances in cases covered by mandatory plan review under subsection 6 are subject to review in Superior Court upon petition of the aggrieved party within 30 days after the issuance of the decision for which review is sought. The court may enter an order enforcing, modifying or setting aside the decision of the State Fire Marshal, or it may remand the proceeding to the State Fire Marshal for further action as the court may direct. [PL 2011, c. 322, §8 (NEW).]

11. Fees. The Office of the State Fire Marshal shall establish fees for reviews, waivers or variances under this section. The Office of the State Fire Marshal shall pay all fees to the Treasurer of State to be used to carry out this subchapter. Any balance of these fees does not lapse but is carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 2011, c. 322, §8 (NEW).]

12. Single-occupancy toilet facilities; qualifying new construction. Beginning January 1, 2020, new construction of a public building, as defined in subsection 6 , must include single-occupancy toilet facilities that meet the standards of construction required by this section. This subsection applies to new construction for which the maximum occupant capacity exceeds 100 individuals. [PL 2019, c. 516, §1 (NEW).]
5 M.R.S. § 9051-A — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9051-A
5 §9051-A. Notice of environmental agency adjudicatory proceedings
Status: in_force

Whenever adjudicatory hearings are held by the Department of Agriculture, Conservation and Forestry, the Department of Environmental Protection and the Board of Pesticides Control, the hearings shall be held in accordance with the provisions of this section. [PL 1987, c. 653, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

1. Notice of opportunity for hearing; license applications with substantial public interest. When the applicable law or the Constitution of Maine requires that an opportunity for a hearing be provided or an agency deems in any proceeding that a substantial public interest is involved, notice shall be given as follows. A. Notice of the pending license application shall be provided 30 days next prior to the date of the expected date of an agency decision. Notice shall be provided by mail to: (1) The person or persons whose legal rights, duties or privileges are at issue; (2) The municipality or municipalities affected by the license application, as determined by the agency or board to the best of its ability; (3) The county, if the affected locality as determined by the agency or board to the best of its ability is an unorganized territory; (4) The Legislators of the geographic area or areas affected by the issue; and (5) Persons who have made timely requests to be notified of an agency deliberation of a specific license application. Interested persons may prepare and submit evidence and argument to the agency and request a hearing on the issue. [PL 1987, c. 653, §1 (NEW).] [PL 1987, c. 653, §1 (NEW).]

2. Hearing required. When a hearing is required by the Constitution of Maine, the applicable law or by agency regulation or has been requested pursuant to subsection 1 , notice of the hearing shall be provided 30 days next prior to the scheduled initial hearing. A. The notice shall be provided by mail to: (1) The person or persons whose legal rights, duties or privileges are at issue; (2) The municipality or municipalities affected by the license application, as determined by the agency or board to the best of its ability; (3) The county, if the affected locality as determined by the agency or board to the best of its ability is an unorganized territory; (4) The Legislators of the geographic area or areas affected by the issue; (5) Intervenors; (6) Persons who have made timely requests to be notified of a specific hearing; and (7) Persons who have filed a written request, within the calendar year, to be notified of hearings. In the event that new hearings on a pending license application or an existing license are required, notice shall be provided 30 days next prior to the scheduled hearing as herein provided. When hearings are continued with respect to a license application, this 30 days' notice shall not apply. [PL 1987, c. 653, §1 (NEW).] [PL 1987, c. 653, §1 (NEW).]

3. Notice to the public. Notice to the public must be given by: A. Publication twice in a newspaper of general circulation in the area of the proposed activity and in areas affected by the license application as determined by the agency or board to the best of its ability. (1) Notice must be published in plain and clear English that can be readily understood by the general public. (2) The notice must be published in the legal notices section in a form readily noticeable by the general public. (3) With respect to notice of an opportunity for a hearing pursuant to subsection 1 , the date of the first publication must be 30 days next prior to the date of the expected agency decision on the license application. (4) With respect to notice of a hearing pursuant to subsection 2 , the date of the first publication must be 30 days next prior to the hearing. (5) With respect to notice of an opportunity for a hearing pursuant to subsection 1 , the date of the 2nd publication must be at least 7 days and no more than 13 days before the date of the expected agency decision on the license application. (6) With respect to notice of an opportunity for a hearing pursuant to subsection 2 , the date of the 2nd publication must be at least 7 days and no more than 13 days before the date of the hearing. [PL 2013, c. 300, §2 (AMD).] B. [PL 2013, c. 300, §2 (RP).] C. [PL 2013, c. 300, §2 (RP).] [PL 2013, c. 300, §2 (AMD).]
5 M.R.S. § 7065 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7065
5 §7065. Compensation plan
Status: in_force

The officer shall, as soon as practicable after the adoption of the classification plan, submit to the Legislature a proposed plan of compensation developed by the officer showing for each class or position in the classified service minimum and maximum salary rates and such intermediate rates as the officer considers desirable. [RR 2023, c. 1, Pt. B, §36 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Salary reductions. When the compensation plan has become effective through its adoption by the Legislature, it constitutes the official schedule of salaries for all classes or positions in the classified service, except that, if the adoption of a compensation plan results in the reduction of salary of an employee, the officer shall certify to the proper fiscal officer of the State that the employee's salary is not subject to any reduction for a period of one year from the effective date of adoption of the plan. [RR 2023, c. 1, Pt. B, §37 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

2. Salary limits. No position may be assigned a salary greater than the maximum or less than the minimum rates fixed in the compensation plan except as provided by subsection 2‑D . [PL 1993, c. 705, §1 (AMD).]

2-A. Recruitment and retention adjustments. [PL 1989, c. 418, §§2, 4 (RPR); PL 1991, c. 591, Pt. III, §19 (AMD); MRSA T. 5 §7065, sub-§2-A (RP).]

2-B. Limitations on recruitment and retention adjustment. [PL 1989, c. 418, §§2, 4 (RPR); PL 1991, c. 591, Pt. III, §19 (AMD); MRSA T. 5 §7065, sub-§2-B (RP).]

2-C. Recruitment and retention adjustment process. [PL 1989, c. 418, §3 (NEW); PL 1991, c. 591, Pt. III, §20 (AMD); MRSA T. 5 §7065, sub-§2-C (RP).]

2-D. Recruitment and retention adjustments. Subject to this subsection, the officer, with the agreement of the bargaining agent, if applicable, may approve payment of recruitment and retention adjustments when the payment of a labor market adjustment is required to recruit and retain an adequate work force. A. Payment of a recruitment and retention adjustment may be authorized only when justified by the following conditions. (1) High turnover exists or long-term vacancies exist within State Government in the relevant occupational classifications or job series. (2) The relevant occupational classification or job series has a clear, geographically definable labor market within which the State must compete. (3) All appropriate recruitment and retention efforts have been attempted and have proven ineffective at the current levels of compensation. (4) Comprehensive, verifiable documentation of labor market compensation levels for the relevant occupation has been compiled to determine competitive pay levels within the defined labor market. This documentation must demonstrate that a labor market disparity exists and that the disparity represents a long-term, not transitory or seasonal, problem. [PL 1993, c. 705, §2 (NEW).] B. The labor market adjustment must be reviewed at least every 2 years and adjusted to changes in the labor market or the overall relation of the standard pay policy to the specialized labor market. If the subsequent review provided in this paragraph results in the adjustment being decreased or discontinued, an employee receiving the recruitment and retention adjustment may not be subject to a reduction in pay. [PL 1993, c. 705, §2 (NEW).] C. To assist the officer in making a determination under paragraphs A and B , a committee must be formed to evaluate each request from an agency or bargaining agent for a recruitment or retention adjustment. The committee must be composed of a representative of the bureau, a representative of the employing agency or agencies and a representative of the bargaining agent, if applicable. The committee shall evaluate the request against the criteria specified in paragraphs A and B and shall conduct studies as the committee considers necessary to evaluate the request. The committee shall, by majority vote, provide the officer, the agency and the bargaining agent, if applicable, with a report recommending and documenting adjustments authorized under this subsection. The officer, the agency and the bargaining agent, if applicable, shall act on this report. If a funding request is necessary to implement an approved adjustment, the officer shall submit the cost items for inclusion in the Governor's next operating budget within 10 days after action on the report. [RR 2023, c. 1, Pt. B, §38 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] [RR 2023, c. 1, Pt. B, §38 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

3. Salary increases based on merit. Salary advancements within an established range shall not be automatic, but shall be dependent upon specific recommendation of the appointing officer and approval of the commissioner. The recommendation shall be based upon standards of performance as indicated by merit ratings or other pertinent data. No advancements in salary may be made until the employee has completed the probationary period. [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Compensation above the minimum step. In hiring any employee, the officer or appointing authority may employ a person who is new to a state job classification above the minimum level established for that classification in order to compensate that person for the experience or outstanding qualifications that the person may possess. The officer shall establish a policy to reflect the intent of this subsection. [RR 2023, c. 1, Pt. B, §39 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 4553 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4553
5 §4553. Definitions
Status: in_force

As used in this Act, unless the context or subchapter otherwise indicates, the following words have the following meanings. [PL 1995, c. 393, §1 (AMD).]

1. Commission. "Commission" means the Maine Human Rights Commission established by this Act. [PL 1971, c. 501, §1 (NEW).]

1-A. Commercial facilities. "Commercial facilities" means facilities that are intended for nonresidential use. [PL 1995, c. 393, §2 (NEW).]

1-B. Covered entity. For purposes of subchapter 3 , "covered entity" means an employer, employment agency, labor organization or joint labor-management committee. For purposes of subchapter 5 , "covered entity" means any applicable private entity or public entity. [PL 2019, c. 464, §1 (AMD).]

1-C. Direct threat. For purposes of subchapter 3 , "direct threat" means a significant risk to the health or safety of others that can not be eliminated by reasonable accommodation. [PL 2019, c. 464, §1 (AMD).]

1-D. Aggrieved person. "Aggrieved person" includes any person who claims to have been subject to unlawful discrimination on the basis of protected class status, including discrimination based on the person's known relationship or association with a member of a protected class and discrimination on the basis of perceived protected class status. "Aggrieved person" also includes any person who claims to have been injured by unlawful housing discrimination. [PL 2019, c. 464, §1 (AMD).]

1-E. Complainant. "Complainant" means a person who files a complaint under section 4611 . [PL 2019, c. 464, §1 (AMD).]

1-F. Conciliation. "Conciliation" means the attempted resolution after a finding by the commission that unlawful discrimination has occurred of issues raised by a complaint filed under section 4611 or by an investigation of such a complaint through informal negotiations involving the complainant, the respondent and the commission. [PL 2019, c. 464, §1 (AMD).]

1-G. Conciliation agreement. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. [PL 2011, c. 613, §4 (NEW); PL 2011, c. 613, §29 (AFF).]

1-H. Assistance animal. "Assistance animal" means, for the purposes of subchapter 4 : A. An animal that has been determined necessary for an individual with a physical or mental disability to mitigate the effects of a physical or mental disability by a physician, psychologist, physician associate, nurse practitioner, licensed social worker, licensed professional counselor or other licensed health professional with knowledge of the disability-related need for an assistance animal; or [PL 2019, c. 464, §1 (AMD); PL 2025, c. 316, §3 (REV).] B. An animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or retrieving dropped items. [PL 2015, c. 457, §1 (NEW).] [PL 2019, c. 464, §1 (AMD); PL 2025, c. 316, §3 (REV).]

2. Discriminate. "Discriminate" includes, without limitation, segregate, separate or subject to harassment. For purposes of subchapter 3 , "discriminate" also includes: A. Limiting, segregating or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the protected class of the applicant or employee; [PL 2019, c. 464, §1 (AMD).] B. Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee to the discrimination prohibited by this Act. A relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity or an organization providing training and apprenticeship programs; [PL 2019, c. 464, §1 (AMD).] C. Utilizing standards, criteria or methods of administration: (1) That have the effect of discrimination on the basis of protected class status; or (2) That perpetuate discrimination on the basis of protected class status by others who are subject to common administrative control; [PL 2019, c. 464, §1 (AMD).] D. Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known protected class status of an individual with whom the qualified individual is known to have a relationship or association; [PL 2019, c. 464, §1 (AMD).] E. Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity; [PL 1995, c. 393, §3 (NEW).] F. Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; [PL 1995, c. 393, §3 (NEW).] G. Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual or a class of individuals based on their protected class status unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and [PL 2019, c. 464, §1 (AMD).] H. Failing to select and administer tests concerning employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude or any other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the employee or applicant, except when the skills are the factors that the test purports to measure. [PL 1995, c. 393, §3 (NEW).] [PL 2019, c. 464, §1 (AMD).]

2-A. Educational institution. "Educational institution" means any public school or educational program, any public postsecondary institution, any private school or educational program approved for tuition purposes and the governing body of each such school or program. [PL 2023, c. 188, §1 (AMD).]

3. Employee. "Employee" means an individual employed by an employer. "Employee" does not include any individual employed by that individual's parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee. [PL 1995, c. 393, §5 (AMD).]

4. Employer. "Employer" includes any person in this State employing any number of employees, whatever the place of employment of the employees, and any person outside this State employing any number of employees whose usual place of employment is in this State; any person acting in the interest of any employer, directly or indirectly, such that the person's actions are considered the actions of the employer for purposes of liability; and labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees. "Employer" does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer. [PL 2019, c. 464, §1 (AMD).]

5. Employment agency. "Employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees; it includes, without limitation, placement services, training schools and centers, and labor organizations, to the extent that they act as employee referral sources; and it includes any agent of such person acting in the interest of the person such that the agent's actions are considered the actions of the employment agency for purposes of liability. [PL 2019, c. 464, §1 (AMD).]

5-A. Familial status. "Familial status" means a family unit that contains: A. One or more individuals who have not attained 18 years of age and are living with a parent or another person having legal custody of the individual or individuals or the designee of the parent or other person having custody with the written permission of the parent or other person; or [PL 2021, c. 366, §2 (AMD).] B. [PL 2021, c. 366, §2 (RP).] B-1. One or more individuals 18 years of age or older who lack the ability to meet essential requirements for physical health, safety or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions. [PL 2021, c. 366, §2 (NEW).] The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or who is in the process of securing legal custody of any individual who has not attained 18 years of age. [PL 2021, c. 366, §2 (AMD).]

5-B. Family. "Family" includes, but is not limited to, a single individual. [PL 2011, c. 613, §5 (NEW); PL 2011, c. 613, §29 (AFF).]

5-C. Gender identity. "Gender identity" means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth. [PL 2019, c. 464, §1 (NEW).]

6. Housing accommodation. "Housing accommodation" includes any building or structure or portion thereof, or any parcel of land, developed or undeveloped, that is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes. A. [PL 2011, c. 613, §6 (RP); PL 2011, c. 613, §29 (AFF).] B. [PL 2011, c. 613, §6 (RP); PL 2011, c. 613, §29 (AFF).] C. [PL 2011, c. 613, §6 (RP); PL 2011, c. 613, §29 (AFF).] [PL 2011, c. 613, §6 (AMD); PL 2011, c. 613, §29 (AFF).]

6-A. Normal retirement age. "Normal retirement age" means the specified age, the years of service requirement or any age and years of service combination at which a member may become eligible for retirement benefits. This subsection may not be construed to require the mandatory retirement of a member or to deny employment to any person based solely on that person's normal retirement age. [PL 2005, c. 10, §2 (AMD).]

7. Person. "Person" includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof. [PL 2011, c. 613, §7 (AMD); PL 2011, c. 613, §29 (AFF).]

7-A. Physical or mental disability. "Physical or mental disability" has the meaning set forth in section 4553‑A . [PL 2007, c. 385, §1 (RPR).]

7-B. Person with physical or mental disability. [PL 2007, c. 385, §2 (RP).]

8. Place of public accommodation. "Place of public accommodation" means a facility, operated by a public entity or private entity, whose operations fall within at least one of the following categories: A. An inn, hotel, motel or other place of lodging, whether conducted for the entertainment or accommodation of transient guests or those seeking health, recreation or rest; [PL 1995, c. 393, §7 (NEW).] B. A restaurant, eating house, bar, tavern, buffet, saloon, soda fountain, ice cream parlor or other establishment serving or selling food or drink; [PL 1995, c. 393, §7 (NEW).] C. A motion picture house, theater, concert hall, stadium, roof garden, airdrome or other place of exhibition or entertainment; [PL 1995, c. 393, §7 (NEW).] D. An auditorium, convention center, lecture hall or other place of public gathering; [PL 1995, c. 393, §7 (NEW).] E. A bakery, grocery store, clothing store, hardware store, shopping center, garage, gasoline station or other sales or rental establishment; [PL 1995, c. 393, §7 (NEW).] F. A laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, dispensary, clinic, bathhouse or other service establishment; [PL 1995, c. 393, §7 (NEW).] G. All public conveyances operated on land or water or in the air as well as a terminal, depot or other station used for specified public transportation; [PL 1995, c. 393, §7 (NEW).] H. A museum, library, gallery or other place of public display or collection; [PL 1995, c. 393, §7 (NEW).] I. A park, zoo, amusement park, race course, skating rink, fair, bowling alley, golf course, golf club, country club, gymnasium, health spa, shooting gallery, billiard or pool parlor, swimming pool, seashore accommodation or boardwalk or other place of recreation, exercise or health; [PL 1995, c. 393, §7 (NEW).] J. A nursery, elementary, secondary, undergraduate or postgraduate school or other place of education; [PL 1995, c. 393, §7 (NEW).] K. A day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; [PL 2019, c. 464, §1 (AMD).] L. Public elevators of buildings occupied by 2 or more tenants or by the owner and one or more tenants; [PL 1995, c. 393, §7 (NEW).] M. A municipal building, courthouse, town hall or other establishment of the State or a local government; and [PL 1995, c. 393, §7 (NEW).] N. Any establishment that in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from, the general public. [PL 1995, c. 393, §7 (NEW).] When a place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subchapter, but that portion used exclusively in the operation of the place of public accommodation or that portion used both for the place of public accommodation and for the residential purposes is covered by this subchapter. The covered portion of the residence extends to those elements used to enter the place of public accommodation, and those exterior and interior portions of the residence available to or used by customers or clients, including rest rooms. [PL 2019, c. 464, §1 (AMD).]

8-A. Private entity. "Private entity" means any entity other than a public entity. [PL 1995, c. 393, §8 (NEW).]

8-B. Public accommodation. "Public accommodation" means a public entity or private entity that owns, leases, leases to or operates a place of public accommodation. [PL 2019, c. 464, §1 (AMD).]

8-C. Public entity. "Public entity" means: A. The State or any local government; [PL 1995, c. 393, §8 (NEW).] B. Any department, agency, special purpose district or other instrumentality of the State, 2 or more states or a local government; and [PL 1995, c. 393, §8 (NEW).] C. A state, local or private commuter authority as defined in the federal Rail Passenger Service Act. [PL 2019, c. 464, §1 (AMD).] [PL 2019, c. 464, §1 (AMD).]

8-D. Qualified individual with a disability. "Qualified individual with a disability" applies to only: A. Subchapter 3 (employment). [PL 2023, c. 489, §1 (AMD).] B. [PL 2023, c. 489, §2 (RP).] For purposes of subchapter 3 , "qualified individual with a disability" means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. [PL 2023, c. 489, §§1-3 (AMD).]

8-E. Pregnancy-related condition. "Pregnancy-related condition" means a known limitation of an employee's ability to perform the functions of a job due to pregnancy, childbirth or related medical conditions, including but not limited to lactation. [PL 2019, c. 490, §1 (NEW).] Revisor's Note: (Subsection 8-E as enacted by PL 2019, c. 464, §1 is REALLOCATED TO TITLE 5, SECTION 4553, SUBSECTION 8-F)

8-F. (REALLOCATED FROM T. 5, §4553, sub-§8-E) Protected class. "Protected class" means a class of individuals protected from unlawful discrimination under this Act. [PL 2019, c. 464, §1 (NEW); RR 2019, c. 1, Pt. A, §5 (RAL).]

8-G. Protective hairstyle. "Protective hairstyle" includes braids, twists and locks. [PL 2021, c. 643, §1 (NEW).]

8-H. Race, for purposes of subchapters 3 and 5-B. "Race," for the purposes of subchapters 3 and 5‑B , includes traits associated with race, including hair texture, Afro hairstyles and protective hairstyles. [PL 2021, c. 643, §2 (NEW).]

9. Real estate broker and sales agent. "Real estate broker" and "real estate sales agent" have the same meanings as in Title 32, sections 13198 and 13200 respectively; but include all persons meeting those definitions, whether they are licensed or required to be licensed. [PL 2019, c. 464, §1 (AMD).]

9-A. Reasonable accommodation. For purposes of subchapter 3 , "reasonable accommodation" may include, but is not limited to: A. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and [PL 1995, c. 393, §8 (NEW).] B. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, leaves of absence, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities. [PL 2019, c. 464, §1 (AMD).] [PL 2019, c. 464, §1 (AMD).]

9-B. Undue hardship; undue burden. "Undue hardship" or "undue burden" means an action requiring undue financial or administrative hardship. In determining whether an action would result in an undue hardship, factors to be considered include: A. The nature and cost of the accommodation needed under this Act; [PL 1995, c. 393, §8 (NEW).] B. The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or the impact otherwise of the action upon the operation of the facility; [PL 1995, c. 393, §8 (NEW).] C. The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees and the number, type and location of its facilities; [PL 1995, c. 393, §8 (NEW).] D. The type of operation or operations of the covered entity, including the composition, structure and functions of the work force of the entity, the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity; [PL 1995, c. 393, §8 (NEW).] E. All the resources available to meet the costs of the accommodation, including any government funding or other grants available for making public accommodations and places of employment accessible; [PL 1995, c. 393, §8 (NEW).] F. The extent to which current costs of accommodations have been minimized by past efforts to provide equal access to persons with disabilities; [PL 1995, c. 393, §8 (NEW).] G. The extent to which resources spent on improving inaccessible equipment or service could have been spent on making an accommodation so that service or equipment is accessible to individuals with disabilities, as well as to individuals without disabilities; [PL 1995, c. 393, §8 (NEW).] H. Documented good faith efforts to explore less restrictive or less expensive alternatives; [PL 1995, c. 393, §8 (NEW).] I. The availability of equipment and technology for the accommodation; [PL 1995, c. 393, §8 (NEW).] J. Whether an accommodation would result in a fundamental change in the nature of the public accommodation; [PL 1995, c. 393, §8 (NEW).] K. Efforts to minimize costs by spreading costs over time; and [PL 1995, c. 393, §8 (NEW).] L. The extent to which resources saved by failing to make an accommodation for persons who have disabilities could have been saved by cutting costs in equipment or services for the general public. [PL 1995, c. 393, §8 (NEW).] "Undue hardship" or "undue burden" is a higher standard than "readily achievable" and requires a greater level of effort on the part of the public accommodation. [PL 2019, c. 464, §1 (AMD).]

9-C. Sexual orientation. "Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality or homosexuality. [PL 2023, c. 41, §1 (AMD).]

9-D. Service animal. [PL 2011, c. 369, §1 (RP).]

9-E. Service animal. "Service animal" means: A. [PL 2015, c. 457, §2 (RP).] B. For the purposes of subchapter 5 , a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. [PL 2011, c. 369, §2 (NEW).] [PL 2015, c. 457, §2 (AMD).]

9-F. Rent. "Rent" includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. [PL 2011, c. 613, §8 (NEW); PL 2011, c. 613, §29 (AFF).]

9-G. Respondent. "Respondent" means a person accused of unlawful discrimination in a complaint filed under section 4611 . [PL 2019, c. 464, §1 (AMD).]

10. Unlawful discrimination. "Unlawful discrimination" includes: A. Unlawful employment discrimination as defined and limited by subchapter 3 ; [PL 2019, c. 464, §1 (AMD).] B. Unlawful housing discrimination as defined and limited by subchapter 4 ; [PL 2019, c. 464, §1 (AMD).] C. Unlawful public accommodations discrimination as defined by subchapter 5 ; [PL 2019, c. 464, §1 (AMD).] D. Aiding, abetting, inciting, compelling or coercing another to do any of such types of unlawful discrimination; obstructing or preventing any person from complying with this Act or any order issued in this subsection; attempting to do any act of unlawful discrimination; and punishing or penalizing, or attempting to punish or penalize, any person for seeking to exercise any of the civil rights declared by this Act or for complaining of a violation of this Act or for testifying in any proceeding brought in this subsection; [PL 1983, c. 578, §2 (AMD).] E. In determining whether a person is acting as an agent or employee of another person so as to make such other person responsible for that person's acts, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling; [PL 2005, c. 10, §4 (AMD).] F. Unlawful educational discrimination as defined and limited by subchapter 5‑B ; [PL 2023, c. 489, §4 (AMD).] G. Discrimination in employment, housing, public accommodation, credit and educational opportunity on the basis of sexual orientation or gender identity, except that a religious corporation, association or organization that does not receive public funds is exempt from this provision with respect to: (1) Employment, as is more fully set forth in section 4553, subsection 4 and section 4573‑A ; (2) Housing; and (3) Educational opportunity. Any for-profit organization owned, controlled or operated by a religious association or corporation and subject to the provisions of the United States Internal Revenue Code of 1986, 26 United States Code, Section 511(a) is not covered by the exemptions set forth in this paragraph; and [PL 2023, c. 489, §5 (AMD).] H. Unlawful discrimination by public entities as described in section 4630 . [PL 2023, c. 489, §6 (NEW).] [PL 2023, c. 489, §§4-6 (AMD).]
5 M.R.S. § 453-A — ME Code / Title 5 / Part 1 / Chapter 18 / Section 453-A
5 §453-A. Board of trustees
Status: in_force

The Mining Excise Tax Trust Fund Board of Trustees, as established in section 12004‑G, subsection 33‑B and referred to in the chapter as the "board," consists of 5 members. [PL 2025, c. 469, §2 (AMD); PL 2025, c. 469, §44 (AFF).]

1. Appointment; qualifications. The members of the board are appointed by the Governor and are subject to review by the joint standing committee of the Legislature having jurisdiction over taxation matters and to confirmation by the Legislature, except that the Governor may not appoint any members to the board until such time as funds accrue to the Mining Excise Tax Trust Fund. The Governor shall ensure that members of the board have at least the following qualifications: A. At least one member must be experienced in the application of hydrology and groundwater science; [PL 2025, c. 469, §2 (NEW); PL 2025, c. 469, §44 (AFF).] B. At least one member must be experienced in the application of soil and air pollution science; [PL 2025, c. 469, §2 (NEW); PL 2025, c. 469, §44 (AFF).] C. At least one member must be experienced in public health science; [PL 2025, c. 469, §2 (NEW); PL 2025, c. 469, §44 (AFF).] D. At least one member must be a representative of a municipal or county government in which metallic mining occurs; and [PL 2025, c. 469, §2 (NEW); PL 2025, c. 469, §44 (AFF).] E. At least one member must be a resident of the unorganized territory. [PL 2025, c. 469, §2 (NEW); PL 2025, c. 469, §44 (AFF).] [PL 2025, c. 469, §2 (AMD); PL 2025, c. 469, §44 (AFF).]

2. Terms. Members are appointed to serve staggered 5-year terms. Members may be reappointed. Members serve until their successors are appointed and qualified. [PL 2025, c. 469, §2 (AMD); PL 2025, c. 469, §44 (AFF).]

3. Vacancies. A vacancy is filled for the expiration of the term to which the member has been appointed. [PL 1991, c. 799, §3 (NEW); PL 1991, c. 883, §1 (NEW).]
5 M.R.S. § 13083-L — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-L
5 §13083-L. Special utility districts
Status: in_force

The authority may form special utility districts and provide municipal utility services within its jurisdiction. The board of trustees of the authority has the authority of a municipal legislative body for these purposes. [PL 2005, c. 599, §1 (NEW).]

1. Sewer services. The authority may provide sewer services as a sanitary district under Title 38, chapter 11, subchapters 3 and 4 . The authority may establish a board of trustees for the sanitary district and appoint the members of the board of trustees or may act as the board of trustees of the district. [PL 2005, c. 599, §1 (NEW).]

2. Solid waste disposal. The authority may provide solid waste disposal services as a refuse disposal district under Title 38, chapter 17 . The authority may establish a board of trustees for the refuse disposal district and appoint the members of the board of trustees or may act as the board of trustees of the district. [PL 2005, c. 599, §1 (NEW).]

3. Water. The authority may provide water as a water district under Title 35‑A, Part 6 . The authority may establish a board of trustees for the water district and appoint the members of the board of trustees or may act as the board of trustees of the district. [PL 2005, c. 599, §1 (NEW).]

4. Revenue-producing services. The authority has all the powers of a municipality to provide services under Title 30‑A, chapter 213 . [PL 2005, c. 599, §1 (NEW).]

5. Airport; Brunswick Naval Air Station Fund established. The authority has all the powers of a municipality to operate as an airport authority under Title 30‑A, chapter 213 for use in connection with a public airport, heliport or other location for the landing or taking off of aircraft. To support this operation, there is established a nonlapsing fund to be known as the Brunswick Naval Air Station Airport Fund, referred to in this section as "the fund," for the purpose of receiving funds from the State and gifts, grants, devises, bequests, trusts or security documents. The State shall credit to the fund any appropriation made to the authority in each fiscal year. A. The fund must be used to: (1) Purchase, lease, acquire, own, improve, use, sell, convey, transfer or otherwise deal in and with airport property, an airport project or any interest in the airport property or airport project, whether tangible or intangible, as otherwise authorized under this article; (2) Pay the costs of operating, maintaining, improving and repairing all airport property and airport projects of the authority; (3) Pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits and other expenses authorized by the board of trustees or the executive director; (4) Pay the principal and premium, if any, and the interest on the outstanding bonds of the authority related to airport property or airport projects as the same become due and payable; (5) Create and maintain reserves required or provided for in any resolution authorizing or any security document securing such bonds of the authority related to airport property or airport projects; (6) Create and maintain a capital improvement fund for airport property and airport projects to be established by the board; (7) Pay all taxes owed by the authority related to airport property or airport projects; and (8) Pay all expenses incident to the management and operation of the authority operating as an airport authority as are consistent with its statutory purpose and as the board may from time to time determine. [PL 2009, c. 641, §3 (NEW).] B. The fund constitutes a continuing appropriation for the benefit of the authority. Any amount remaining in the fund at the close of any fiscal year is carried over and credited to the fund for the succeeding year. [PL 2009, c. 641, §3 (NEW).] C. Money in the fund must be paid to the authority on manifests approved by the Governor and Legislature in the same manner as other state claims are paid. [PL 2009, c. 641, §3 (NEW).] D. The revenues received and due to the authority from all other sources, except by way of state appropriation, from whatever source derived, must be retained by the authority and must be used in such a manner as the board of trustees may determine consistent with the provisions of this section or as is otherwise provided by law or by the terms and conditions incident to any gift, grant, devise, bequest, trust or security document. [PL 2009, c. 641, §3 (NEW).] [PL 2009, c. 641, §3 (NEW).]
5 M.R.S. § 90-R — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-R
5 §90-R. Powers and duties of the special advocate
Status: in_force

1. General advocacy. The special advocate may advocate generally on behalf of small business interests by commenting on rules proposed under chapter 375 , testifying on legislation affecting the interests of small businesses, consulting with agencies having enforcement authority over business matters and promoting the services provided by the special advocate. [PL 2011, c. 304, Pt. D, §2 (NEW).]

2. Advocate on behalf of an aggrieved small business. Upon receipt of a complaint requesting assistance under section 90‑Q , the special advocate may: A. Consult with the small business that filed the complaint and with the staff in the agency that initiated the agency enforcement action to determine the facts of the case; [PL 2011, c. 304, Pt. D, §2 (NEW).] B. After reviewing the complaint and discussing the complaint with the small business and the agency that initiated the agency enforcement action, determine whether, in the opinion of the special advocate, the complaint arises from an agency enforcement action that is likely to result in a significant economic hardship to the small business; [PL 2011, c. 304, Pt. D, §2 (NEW).] C. If the special advocate determines that an agency enforcement action is likely to result in a significant economic hardship to the small business, seek to resolve the complaint through consultation with the agency that initiated the agency enforcement action and the small business and participation in related regulatory proceedings in a manner allowed by applicable laws; and [PL 2011, c. 304, Pt. D, §2 (NEW).] D. If the special advocate determines that an agency enforcement action applies statutes or rules in a manner that is likely to result in a significant economic hardship to the small business, when an alternative means of effective enforcement is possible, recommend to the Secretary of State that the secretary issue a regulatory impact notice to the Governor. [PL 2011, c. 304, Pt. D, §2 (NEW).] [PL 2011, c. 304, Pt. D, §2 (NEW).]
5 M.R.S. § 17753 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17753
5 §17753. Service credit for back contributions
Status: in_force

Upon complete payment of the back contributions under section 17704‑C , the member must be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 17704‑C , the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 2009, c. 474, §22 (AMD).]

1. Entitlement to service credit. [PL 1989, c. 95, §5 (RP).]

2. Retirement benefit effective before completion of payment. [PL 1989, c. 95, §5 (RP).]
5 M.R.S. § 1556 — ME Code / Title 5 / Part 4 / Chapter 144 / Section 1556
5 §1556. Source of payment for late fees
Status: in_force

Any late fee authorized by this chapter to be applied to a proper invoice shall be paid from funds made available for the administration or operation of the program or state agency for which the obligation was incurred. [PL 1983, c. 655 (NEW).]
5 M.R.S. § 1818 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1818
5 §1818. Deliveries
Status: in_force

Supplies, materials and equipment purchased or contracted for by the Chief Procurement Officer must be delivered by the officer or by the contractor to the department or agency by which or for whom the same are to be used from time to time as required. [PL 2023, c. 516, Pt. B, §14 (AMD).]
5 M.R.S. § 1777 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1777
5 §1777. Diaper changing stations in public restrooms required
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Diaper changing station" means a table or other device suitable for changing the diaper of a child who has not attained 4 years of age. [PL 2025, c. 474, §1 (NEW).] B. "Public building" means a permanent structure or building owned by the State. [PL 2025, c. 474, §1 (NEW).] C. "Public restroom" means a sanitary facility within a public building that is open for public use and contains at least one toilet or urinal. [PL 2025, c. 474, §1 (NEW).] [PL 2025, c. 474, §1 (NEW).]

2. Requirement. Except as provided in subsection 3 , the Department of Administrative and Financial Services, Bureau of General Services shall ensure that: A. A public restroom in a public building constructed on or after the effective date of this section is equipped with a diaper changing station that is physically safe, sanitary and appropriate; [PL 2025, c. 474, §1 (NEW).] B. A public restroom within any portion of a public building that is remodeled on or after the effective date of this section is equipped with a diaper changing station that is physically safe, sanitary and appropriate; and [PL 2025, c. 474, §1 (NEW).] C. If the only public restroom within a public building that is equipped with a diaper changing station is restricted to persons of a specific gender, another public restroom within the building that is available to persons of other genders is equipped with a diaper changing station that is physically safe, sanitary and appropriate. The bureau may satisfy the requirements of this paragraph by providing a family or gender-neutral restroom that is equipped with a diaper changing station that is physically safe, sanitary and appropriate. The bureau shall ensure that the requirements of this paragraph are satisfied by January 1, 2029 or when funding allows those requirements to be satisfied, whichever occurs first. [PL 2025, c. 474, §1 (NEW).] A diaper changing station required under this subsection must be accessible to individuals with disabilities. [PL 2025, c. 474, §1 (NEW).]

3. Exceptions. A public restroom is not subject to the requirements of subsection 2 if the restroom: A. Has a conspicuous sign directing an individual to the location of another restroom with a diaper changing station that is accessible to the individual; [PL 2025, c. 474, §1 (NEW).] B. Would have to undergo construction to remodel or alter the restroom or the building it is located within in order to install a diaper changing station and the construction is not feasible due to the cost. This paragraph does not apply to new construction; [PL 2025, c. 474, §1 (NEW).] C. Would have to undergo construction in order to install a diaper changing station and the construction required would be inconsistent with the rules adopted by the Maine Historic Preservation Commission; or [PL 2025, c. 474, §1 (NEW).] D. Would have to undergo construction in order to install a diaper changing station and the construction required would be inconsistent with the Maine Uniform Building and Energy Code. [PL 2025, c. 474, §1 (NEW).] [PL 2025, c. 474, §1 (NEW).]

4. Outside funding. The Department of Administrative and Financial Services, Bureau of General Services may accept outside funds for the purchase, construction and installation of diaper changing stations in accordance with the requirements of subsection 2 . [PL 2025, c. 474, §1 (NEW).]
5 M.R.S. § 18413 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18413
5 §18413. Election to reduce or discontinue benefits
Status: in_force

Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the chief executive officer. [PL 1993, c. 387, Pt. A, §20 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 13080-L — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-L
5 §13080-L. Annual report
Status: in_force

1. Annual financial report. The authority shall submit to the Governor, the Executive Director of the Legislative Council and the joint standing committee of the Legislature having jurisdiction over housing and economic development matters, not later than 120 days after the close of the authority's fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include all of the following for the previous year: A. A description of the authority's operations; [PL 1993, c. 474, §1 (NEW).] B. An accounting of the authority's receipts and expenditures, assets and liabilities at the end of its fiscal year; [PL 1993, c. 474, §1 (NEW).] C. A listing of all property transactions pursuant to section 13080‑D ; [PL 1993, c. 474, §1 (NEW).] D. An accounting of all activities of any special utility district formed under section 13080‑E ; [PL 1993, c. 474, §1 (NEW).] E. A listing of any property acquired by eminent domain under section 13080‑G ; [PL 1993, c. 474, §1 (NEW).] F. A listing of any bonds issued during the fiscal year; [PL 1993, c. 474, §1 (NEW).] G. A statement of the authority's proposed and projected activities for the ensuing year; and [PL 1993, c. 474, §1 (NEW).] H. Recommendations regarding further actions that may be suitable for achieving the purposes of this article. [PL 1993, c. 474, §1 (NEW).] [PL 1993, c. 474, §1 (NEW).]
5 M.R.S. § 13073-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13073-C
5 §13073-C. Municipal Grant Fund
Status: in_force

The Municipal Grant Fund is established as a nonlapsing fund within the Office of Community Development. The Director of the Office of Community Development shall administer the Municipal Grant Fund, referred to in this section as "the fund." The fund may receive appropriations, allocations, grants or gifts from any federal agency or governmental subdivision or the State or its agencies. [PL 2021, c. 319, §1 (NEW).]

1. Fund purpose. The purpose of the fund is to provide funding for municipalities for projects that further the goals of sustainable economic development as outlined by the Maine Economic Growth Council, established in Title 10, section 929‑A and referred to in this section as "the council," in the council's annual "Measures of Growth" report, or successor report, and by the "Maine Economic Development Strategy 2020-2029," or successor economic development strategy for the State, as administered by the department. [PL 2021, c. 319, §1 (NEW).]

2. Application process. The department shall adopt rules establishing an application process for municipalities for fund grants for the purposes set forth in this section. [PL 2021, c. 319, §1 (NEW).]

3. Competitive procedure. Funds must be disbursed in accordance with a competitive, quality-based selection procedure as established and administered by the department. [PL 2021, c. 676, Pt. A, §7 (AMD).]

4. Maximum award. A grantee may not be awarded a total amount in excess of $50,000 in a legislative biennium. [PL 2021, c. 319, §1 (NEW).]

5. Rules. The department shall adopt rules necessary to carry out this section. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 319, §1 (NEW).]
5 M.R.S. § 13035 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13035
5 §13035. Duties of commission
Status: in_force

The commission is responsible for overseeing the Small Business Development Center Program, enforcing the contract between the department and the administrative unit, providing funds to the program, and advising the commissioner on strengthening the support infrastructure for entrepreneurship in the State. The commission has the following duties. [PL 2001, c. 142, §4 (AMD).]

1. Contract with the administrative unit. The commission shall contract with the administrative unit for the purpose of providing direct business counseling, technical assistance, training and other services to small businesses. The contract must be completed and approved by the commission prior to July 1st of each year. A. For fiscal year 1990-91 only, the contract may be approved no later than July 15, 1990. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] B. If the administrative unit fails to sign a reasonable contract that meets the approval of a majority of the commission members, funding to the administrative unit continues at 85% of the funding level of the previous year on a month-by-month basis until a contract is signed. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

2. Review, evaluate and make recommendations to coordinate programs. The commission shall review, evaluate and make recommendations to coordinate small business assistance and entrepreneurial programs statewide. The commission shall issue a report that meets the standards defined in section 13058, subsection 5 . The commission shall advise the commissioner to help develop and implement statewide strategies and policies as they relate to encouraging economic development by developing and growing entrepreneurial businesses around the State. [PL 2001, c. 142, §5 (AMD).]

3. Advise and make recommendations. The commission shall advise the commissioner, the Governor and the Legislature with respect to the results of its evaluation of small business and entrepreneurial programs and its oversight and enforcement of the contract with the administrative unit. [PL 2001, c. 142, §5 (AMD).]