5 M.R.S. § 1588 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1588
5 §1588. Department of Administrative and Financial Services coordination of Master Lease-purchase program
Status: in_force

1. Authority of Department of Administrative and Financial Services; central records. The Department of Administrative and Financial Services may develop, negotiate and administer master lease-purchase financing programs, in accordance with the provisions of section 1587 , to facilitate advantageous lease-purchase terms and economies of scale. Upon final legislative approval of agency lease-purchase proposals, state agencies, except for programs supported by the Highway Fund or the Federal Expenditure Fund in the Department of Transportation, shall participate in the Department of Administrative and Financial Services master lease-purchase program, unless participation is not feasible. The Department of Administrative and Financial Services, in conjunction with the relevant state agency, may negotiate and execute lease-purchase or financial contracts on behalf of the State. These master lease-purchase financing agreements may include the refinancing or consolidation of any state agency lease-purchase agreements. The Department of Administrative and Financial Services shall maintain central records on each lease-purchase financing agreement and each master lease-purchase program the department administers on behalf of a benefiting department or agency. [PL 1995, c. 562, §1 (AMD).]

2. State agency participation. Except for the Department of Transportation when implementing a program supported by the Highway Fund or the Federal Expenditure Fund, all state agencies that seek to construct, improve or repair long-term capital assets or to acquire real property or equipment by a lease-purchase or other financing agreement shall notify the Commissioner of the Department of Administrative and Financial Services and shall cooperate with the commissioner or a designee in developing the agency's proposal for submission to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Each requesting agency shall submit a justification for each proposal to the commissioner or to the commissioner's designee. The justification must include a benefit-cost analysis or cost-effective analysis in a form and content prescribed by the commissioner or the commissioner's designee. Programs supported by the Highway Fund or the Federal Expenditure Fund in the Department of Transportation may participate on the same terms as other agencies in any master lease-purchase financing agreement developed, negotiated and administered by the Department of Administrative and Financial Services. [PL 1993, c. 92, §8 (NEW).]

3. Fund accounting protocol. Funds for master lease-purchase programs or specific lease-purchase arrangements approved by the Legislature in accordance with subsection 1 and section 1587 must be appropriated or allocated to an account or accounts established by the State Budget Officer with authorization for the transfer of other than General Fund resources from the account or accounts of the benefiting departments or agencies. Funds appropriated or allocated for this purpose may not lapse but must be carried forward from year to year to meet the principal and interest obligations of the master lease-purchase program or specific lease-purchase arrangement. Any appropriated or allocated balances remaining after the conclusion of a specific lease-purchase arrangement must lapse to the fund or account from which the lease-purchase obligations were appropriated or allocated. [PL 1993, c. 92, §8 (NEW).]
5 M.R.S. § 4577 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4577
5 §4577. Compensation history inquiry as evidence of unlawful discrimination
Status: in_force

1. Legislative findings and intent. The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy of the State. The Legislature finds that when employers base compensation decisions on compensation history of a prospective employee, it directly perpetuates this wage inequality. An employer's knowledge of a prospective employee's compensation history is directly related to the practice of basing compensation decisions on compensation history. It is the intent of the Legislature to promote the payment of equal compensation for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility and to prevent unlawful employment discrimination with respect to compensation. [PL 2019, c. 35, §1 (NEW).]

2. Evidence of unlawful employment discrimination. Evidence of unlawful employment discrimination under section 4572 and Title 26, section 628 includes, but is not limited to, an employer's inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. [PL 2019, c. 35, §1 (NEW).]

3. Exceptions. Notwithstanding subsection 2 , an employer or employment agency may inquire about or seek compensation history of an employee or prospective employee after an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. If an employee or prospective employee has voluntarily disclosed compensation history information, without prompting by the employer or employment agency, the employer or employment agency may seek to confirm or permit a prospective employee to confirm such information prior to an offer of employment. This section does not apply to an employer who inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes. [PL 2019, c. 35, §1 (NEW).]
5 M.R.S. § 18311 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18311
5 §18311. Armed forces
Status: in_force

1. Service after becoming a member. For employees who qualify to have their membership in the Participating Local District Retirement Program continued under section 18258, subsection 1 , because of service in the Armed Forces of the United States, the participating local district shall contribute to the Members' Contribution Fund the same amount that the member would have been required to contribute if the member had been serving the participating local district during the period of service in the armed forces in the same capacity in which the employee was serving at the time the employee joined the armed forces. Any member whose contributions to the Members' Contribution Fund are paid by the participating local district under this subsection, who withdraws or ceases to be a member of the Participating Local District Retirement Program, may not withdraw any of the contributions made by the participating local district under this subsection. [PL 2007, c. 491, §223 (AMD).]

2. Service before becoming a member. A member who qualifies under section 18360, subsection 2 , shall contribute to the Participating Local District Retirement Program for the period after service in the armed forces under the following terms and conditions. A. If the member qualifies under section 18360, subsection 2 , contributions are calculated at the percentage rate required of active members during the period of time covered by the service in the armed forces applied to the member's earnable compensation during the first year as an employee subsequent to service in the armed forces under the following terms and conditions: (1) If 2 or more percentage rates were in effect during the period of service in the armed forces, the highest percentage rate is used; (2) The minimum rate is 5%; and (3) Interest at a rate set by the board not to exceed regular interest by 2 or more percentage points is paid on the unpaid balance beginning January 1, 1976, or the date of attaining 15 years of creditable service, if later, to the date payment is made. [PL 1991, c. 23, §1 (AMD).] B. [PL 1991, c. 23, §2 (RP).] C. The payment must be made to the Participating Local District Retirement Program by a single direct payment or annual direct payments made in accordance with section 18301, subsection 4 . [PL 2007, c. 491, §224 (AMD).] [PL 2007, c. 491, §224 (AMD).]
5 M.R.S. § 20072-A — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20072-A
5 §20072-A. Funding
Status: in_force

General Fund appropriations for the Driver Education and Evaluation Programs may not exceed $1,700,000 in any fiscal year. [PL 2009, c. 462, Pt. J, §1 (NEW).]
5 M.R.S. § 17655 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17655
5 §17655. Service in the Armed Forces
Status: in_force

1. Membership continued. The membership of the following employees is considered to have continued during the period of the employee's service in the Armed Forces of the United States: A. Any employee entering a class of service in the Armed Forces of the United States approved by resolution of the board, if the employee does not withdraw accumulated contributions; [PL 1991, c. 479, §1 (AMD).] B. Any employee who enlists in or is inducted or drafted into the service of the Armed Forces of the United States; [PL 2001, c. 181, §6 (AMD).] C. Any employee who enlists in or is inducted or drafted into the service of the Armed Forces of the United States while the United States Selective Service Act of 1948, Public Law 759, or any of its amendments or extensions is in effect. [PL 1991, c. 479, §1 (NEW).] [PL 2001, c. 181, §6 (AMD).]

2. Other military benefits. Any employee who satisfies the criteria of subsection 1, paragraph B , is entitled to all the benefits of Title 26, section 811 . [PL 2001, c. 662, §5 (AMD).]
5 M.R.S. § 27 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 27
5 §27. Representatives of agencies and departments
Status: in_force

1. Department testimony and information. Nothing in this chapter may be construed to prohibit a state employee from testifying before or present information to a legislative committee as a representative of a department or agency of State Government and who has been authorized by the commissioner or director of that department or agency to act in this capacity. [PL 1985, c. 167 (NEW).]

2. Misrepresentations of state employees. A state employee who represents oneself as a spokesperson or representative of a department or agency without the authorization of the commissioner or director of that organization is not protected by the provisions of this chapter and is subject to the penalty in subsection 3. [RR 2023, c. 2, Pt. B, §8 (COR).]

3. Penalty. Any person who violates this section is guilty of a Class E crime. [PL 1985, c. 167 (NEW).]
5 M.R.S. § 4752 — ME Code / Title 5 / Part 12 / Chapter 337-D / Section 4752
5 §4752. Collection of information; reporting of information
Status: in_force

1. Information collected. Beginning July 1, 2024, a law enforcement agency shall record and retain the following information regarding traffic infractions occurring in this State: A. The number of persons stopped for traffic infractions; [PL 2021, c. 460, §1 (NEW).] B. Characteristics of race, color, ethnicity, gender and age of each person described in paragraph A . The identification of such characteristics must be based on the observation and perception of the law enforcement officer responsible for reporting the stop. The person stopped may not be required to provide the information; [PL 2021, c. 460, §1 (NEW).] C. The nature of each alleged traffic infraction that resulted in a stop; [PL 2021, c. 460, §1 (NEW).] D. Whether a warning or citation was issued, an arrest was made or a search was conducted as a result of each stop for a traffic infraction; and [PL 2021, c. 460, §1 (NEW).] E. Any additional information the law enforcement agency determines appropriate. The additional information may not include any other personally identifiable information about a person stopped for a traffic infraction such as the person's driver's license number, name or address. [PL 2021, c. 460, §1 (NEW).] [PL 2023, c. 368, Pt. C, §1 (AMD); PL 2023, c. 368, Pt. C, §4 (AFF).]

2. Report to Attorney General. A law enforcement agency shall report the information required to be recorded and retained under subsection 1 to the Attorney General pursuant to rules adopted pursuant to section 4753 . [PL 2021, c. 460, §1 (NEW).]
5 M.R.S. § 193 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 193
5 §193. Prosecution of intruders
Status: in_force

The Attorney General may, if in the Attorney General's judgment the public interest so requires, prosecute by indictment or complaint any person who intrudes on the land, rights or property of the State, or commits or erects a nuisance thereon. [RR 2023, c. 2, Pt. B, §27 (COR).]
5 M.R.S. § 13120-E — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-E
5 §13120-E. Agreements; contracts
Status: in_force

The authority, the department and the Finance Authority of Maine may enter into such agreements as the board of trustees determines to be in the best interests of the State for the authority to acquire, construct, maintain, operate and dispose of any or all facilities funded from bonds issued under section 13120‑I . Any agreements must set forth the terms and conditions of the operation and be subject to all the terms and conditions of any trust indenture and covenants relating to revenue bonds. [PL 2001, c. 703, §6 (NEW).]

The authority may contract with the Federal Government or its instrumentalities or agencies, this State or its agencies, instrumentalities or municipalities, public bodies, private corporations, community development corporations, partnerships, associations and individuals to carry out the purposes of this subchapter. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 144 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 144
5 §144. Form of unregistered bonds
Status: in_force

Unregistered bonds issued under the laws of the State must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate. The seal of the State may be a facsimile. [PL 2023, c. 223, §1 (AMD).]
5 M.R.S. § 17062 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17062
5 §17062. Forfeiture of benefits for crime; restitution
Status: in_force

1. Crime. If a member is convicted of or pleads guilty or no contest to a crime committed in connection with the member's public office or public employment or to a crime the member's position placed the member in a position to commit, the member's right to receive any benefit or payment of any kind under this Part is subject to the following. A. If the penalties for the crime are greater than or equal to the penalties for a Class C crime, the court may order the forfeiture of the member's right to receive any benefit or payment of any kind under this Part except a return of the amount contributed by the member to the retirement system without interest, subject to paragraph B . [PL 2011, c. 606, §12 (NEW).] B. If the court orders the member to make restitution to the State or any political subdivision of the State for monetary loss incurred as a result of the crime, the court may order that restitution payments be made by the retirement system from the amount contributed by the member to the retirement system. [PL 2011, c. 606, §12 (NEW).] C. Subject to the requirements of subsection 2 , the court may award to the member's spouse, dependent or former spouse as an alternate payee some or all of the amount that, but for the forfeiture under paragraph A , may otherwise be payable. Upon order of the court, the retirement system shall provide information concerning the member's membership that the court considers relevant to the determination of the amount of an award under this paragraph. In determining the award, the court shall consider the totality of the circumstances, including, but not limited to: (1) The role, if any, of the member's spouse, dependent or former spouse in connection with the crime; (2) The degree of knowledge, if any, possessed by the member's spouse, dependent or former spouse in connection with the crime; and (3) The extent to which the spouse, dependent or former spouse was relying on the forfeited benefits. [PL 2011, c. 606, §12 (NEW).] [PL 2011, c. 606, §12 (NEW).]

2. Benefit award requirements. An award ordered under subsection 1, paragraph C may not require the retirement system to: A. Provide a type or form of benefit or an option not otherwise provided by the retirement system; [PL 2011, c. 606, §12 (NEW).] B. Provide increased benefits determined on the basis of actuarial value; or [PL 2011, c. 606, §12 (NEW).] C. Take an action contrary to its governing laws or plan provisions other than the direct payment of the benefit awarded to the spouse, dependent or former spouse. [PL 2011, c. 606, §12 (NEW).] [PL 2011, c. 606, §12 (NEW).]
5 M.R.S. § 11113 — ME Code / Title 5 / Part 18 / Chapter 377-A / Section 11113
5 §11113. Committee review
Status: in_force

The executive director shall, upon receipt of an application for review, determine the appropriate joint standing committee of the Legislature responsible for review of the rule in question and send the application and a copy of the rule in question to each member of the committee. Each member of the committee shall individually review the application to determine whether the applicant is qualified and whether the public interest would be served by a review of the rule in question by the full committee. If a committee member decides that the review should be made, the committee member shall notify the director within 15 days after notice was sent. If 1/3 or more of the full committee notify the director that a review of the rule should be made, the director shall advise the chairs of the committee, who shall schedule a meeting of the committee to review the rule. If the committee votes not to review the rule, a report to that effect must be prepared by the director and sent to the applicant and the Legislative Council. [PL 2025, c. 390, Pt. A, §11 (AMD).]

The applicant and the affected agency must be notified of a decision to review the rule and may make expanded statements of their position to the full committee. The committee, in the course of its review, may hold a public hearing, request and obtain opinions of the Attorney General, obtain information from the agency and conduct further investigation approved by the Legislative Council. The committee shall make its determination and report within 90 days of the first notification to the committee chairs that a review should be made. [RR 2023, c. 2, Pt. B, §85 (COR).]
5 M.R.S. § 3003 — ME Code / Title 5 / Part 7 / Chapter 309 / Section 3003
5 §3003. Authority to interchange employees
Status: in_force

Any department, agency or instrumentality of the State, county, city, town, municipality, land-grant college, or college or university operated by the State or any local government is authorized to participate in a program of interchange of employees with departments, agencies or instrumentalities of the Federal Government, another state or locality, or other agencies, municipalities or instrumentalities of this State as a sending or receiving agency, or both. [PL 1967, c. 266 (NEW).]

Except as provided in section 3003-A , the period of individual assignment or detail under an interchange program may not exceed 12 months, nor may any person be assigned or detailed for more than 12 months during any 36-month period. Details relating to any matter covered in this chapter may be the subject of an agreement between the sending and receiving agencies. Elected officials may not be assigned from a sending agency nor detailed to a receiving agency. [PL 2017, c. 279, §1 (AMD).]
5 M.R.S. § 17925 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17925
5 §17925. Application
Status: in_force

1. Written application. In order to receive a benefit under this article, a person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §22 (RP); PL 2021, c. 277, §45 (AFF).] B. [PL 1995, c. 643, §10 (RP).] [PL 2021, c. 277, §22 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Workers' compensation. If the incapacity upon which the application is based is a result of an injury or accident received in the line of duty, the application must include proof that the member has made application for benefits under the workers' compensation laws. [PL 2015, c. 392, §1 (AMD).]

3. Social security. [PL 2025, c. 270, §2 (RP); PL 2025, c. 270, §5 (AFF).]

4. Approval. The written application must be approved by the chief executive officer upon finding that the member has met the requirements of section 17924 . [PL 2015, c. 392, §1 (AMD); PL 2021, c. 548, §4 (REV).]

5. Reapplication. A member who has had a disability retirement benefit application denied may file a new application based on the same medical conditions only if that member has had a bona fide return to service with an employer whose employees are covered by this article or chapter 425, subchapter 5, article 3‑A . If the chief executive officer finds that the member has met the requirements of section 17924 , the new application must be approved notwithstanding the earlier denial. [PL 2015, c. 392, §1 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 17754 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17754
5 §17754. Out-of-state service
Status: in_force

1. Generally. For members who began membership before January 1, 1976, additional service credit must be allowed for out-of-state service, subject to the following conditions. A. The member must have creditable service in Maine of at least 20 years in the aggregate. [PL 1985, c. 801, §§ 5, 7 (NEW).] B. The member, before any retirement benefit becomes effective for that member, must make contributions into the Members' Contribution Fund for the years of out-of-state service on the same basis as the member would have made contributions had the service been in Maine, including interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points. Interest is computed beginning the end of the year when those contributions would have been made, if the service had been in the State, to the date of payment. The payment must be made to the State Employee and Teacher Retirement Program by a single direct payment or by annual direct payments made in accordance with section 17701, subsection 4 . [PL 2007, c. 491, §136 (AMD).] C. If the member was formerly subject to the Revised Statutes of 1944, chapter 37, sections 221 to 241, the member's last 7 years of creditable service before the date of retirement must be in Maine. [PL 2007, c. 491, §136 (AMD).] D. If the member is a teacher employed for the first time after July 1, 1947, the member's last 10 years of creditable service before the date of retirement must be in Maine and no more than 10 years of service credit for out-of-state service may be allowed. [PL 2007, c. 491, §136 (AMD).] E. If a member is not a teacher, the member's last 10 years of creditable service before the date of retirement must be in Maine and no more than 10 years of service credit may be allowed for out-of-state service. [PL 2007, c. 491, §136 (AMD).] F. [PL 1993, c. 349, §17 (RP).] G. Upon complete payment of the back contributions under paragraph B or section 17764 , 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 paragraph B or section 17764 , the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 1993, c. 349, §18 (AMD).] [PL 2007, c. 491, §136 (AMD).]

2. Alternative. If service credit for out-of-state service is not allowed under subsection 1 , additional service credit for out-of-state service must be allowed for any member in the determination of the retirement benefit under this Part, if the member, before any retirement benefit becomes effective for that member, pays into the Members' Contribution Fund, by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program, an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. Annual payments must be made in accordance with section 17701, subsection 4 . A. Additional amounts paid under this subsection become a part of the members' accumulated contributions. [PL 2007, c. 491, §136 (AMD).] B. If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service. [PL 1989, c. 710, §9 (AMD).] [PL 2007, c. 491, §136 (AMD).]

3. Service credit not to be used in another state. Notwithstanding anything to the contrary, any application for a retirement benefit that becomes effective after May 11, 1966, and for which out-of-state service credit is to be granted must be accompanied by a certified statement from the appropriate retirement system that the out-of-state service credit granted has not been or will not be used to obtain benefits in another state. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 933 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 933
5 §933. Department of Agriculture, Conservation and Forestry
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Agriculture, Conservation and Forestry. Notwithstanding any other provisions of law, these positions and their successor positions are subject to this chapter: A. Deputy Commissioner; [PL 2005, c. 337, §1 (AMD); PL 2005, c. 337, §4 (AFF).] B. [PL 1997, c. 643, Pt. NN, §1 (RP).] C. [PL 1997, c. 643, Pt. NN, §1 (RP).] D. [PL 1997, c. 643, Pt. NN, §1 (RP).] E. [PL 1997, c. 643, Pt. NN, §1 (RP).] F. [PL 1997, c. 643, Pt. NN, §1 (RP).] G. [PL 1997, c. 643, Pt. NN, §1 (RP).] H. [PL 1995, c. 502, Pt. C, §1 (RP).] I. [PL 1995, c. 502, Pt. C, §1 (RP).] J. [PL 2007, c. 1, Pt. S, §1 (RP).] K. [PL 2009, c. 552, §2 (RP).] L. [PL 2009, c. 552, §3 (RP).] M. [PL 2009, c. 462, Pt. K, §2 (RP).] N. [PL 2015, c. 267, Pt. U, §1 (RP).] O. [PL 2013, c. 588, Pt. A, §2 (RP).] P. [PL 2015, c. 267, Pt. U, §2 (RP).] Q. Natural Resource Marketing and Economic Development Specialist; [PL 2013, c. 405, Pt. A, §5 (NEW).] Revisor's Note: (Paragraph Q as enacted by PL 2013, c. 368, Pt. X, §3 is REALLOCATED TO TITLE 5, SECTION 933, SUBSECTION 1, PARAGRAPH T) R. Director, Bureau of Agriculture, Food and Rural Resources; [RR 2013, c. 1, §9 (COR).] S. Director, Bureau of Resource Information and Land Use Planning; and [RR 2013, c. 1, §9 (COR).] T. (REALLOCATED FROM T. 5, §933, sub-§1, ¶Q) Assistant to the Commissioner for Public Information. [RR 2013, c. 1, §8 (RAL).] [PL 2015, c. 267, Pt. U, §§1, 2 (AMD).]
5 M.R.S. § 19253 — ME Code / Title 5 / Part 23 / Chapter 502 / Section 19253
5 §19253. Fiscal agents
Status: in_force

A fiscal agent receiving grants under this chapter shall act only in an administrative capacity to receive and distribute grant money to the nonprofit community organization, as described in the rules promulgated by the bureau for regulating the local administration of these programs. [PL 1989, c. 501, Pt. P, §20 (NEW).]
5 M.R.S. § 1532 — ME Code / Title 5 / Part 4 / Chapter 142 / Section 1532
5 §1532. Maine Budget Stabilization Fund
Status: in_force

1. Generally; stabilization fund established. The Maine Budget Stabilization Fund is hereby established. Amounts in the stabilization fund may not exceed 18% of total General Fund revenues in the immediately preceding state fiscal year and, except as provided by section 1533 , may not be reduced below 1% of total General Fund revenue in the immediately preceding state fiscal year. For the purposes of this subsection, at the close of a fiscal year, "immediately preceding state fiscal year" means the fiscal year that is being closed. [PL 2015, c. 267, Pt. L, §6 (AMD).]

2. Expenditures from fund. Except as otherwise provided in this section, amounts in the stabilization fund may be expended only to offset a General Fund revenue shortfall. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

3. Fund to be nonlapsing. The balance of the stabilization fund may not lapse but must be carried forward to carry out the purposes of this chapter. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

4. Investment of funds. The money in the stabilization fund may be invested as provided by law with the earnings credited to the stabilization fund. [PL 2005, c. 2, Pt. A, §5 (NEW); PL 2005, c. 2, Pt. A, §14 (AFF).]

5. Investment proceeds; exception. At the close of every month during which the stabilization fund is at the 18% limitation described in subsection 1 , the State Controller shall transfer from the General Fund to the Irrevocable Trust Funds for Other Post-employment Benefits established in section 286‑B, subsection 2 for the state employee plan, as defined in section 286‑B, subsection 1, paragraph D , an amount equal to the investment earnings that otherwise would have been credited to the stabilization fund. [PL 2023, c. 643, Pt. F, §2 (AMD).]

6. Death benefits. The Governor shall allocate funds from the stabilization fund as needed to pay benefits due pursuant to Title 25, chapter 195‑A . Allocations may be made upon written request of the Chief of the State Police, the State Fire Marshal, the Director of Maine Emergency Medical Services or the Commissioner of Corrections and after consultation with the State Budget Officer. [PL 2019, c. 658, §1 (AMD).]

7. State valuation adjustments. [PL 2013, c. 368, Pt. O, §1 (RP); PL 2013, c. 544, §§6, 7 (AFF).]

8. Emergency management assistance compact transfers. The State Controller may transfer up to $1,000,000 from the stabilization fund to the Military Training and Operations program within the Department of Defense, Veterans and Emergency Management based on amounts certified by the Commissioner of Defense, Veterans and Emergency Management to be necessary to fulfill the responsibilities of the department under the emergency management assistance compact under Title 37‑B, section 921 or the International Emergency Management Assistance Compact under Title 37‑B, section 935 . These transfers are authorized only if the Legislature has adjourned sine die and only to the extent needed to meet the obligations of the department within that fiscal year that are in excess of available appropriations and any other funding sources. These funds must be allotted by financial order upon the recommendation of the State Budget Officer and approval of the Governor. Any amounts transferred from the stabilization fund must be returned to the stabilization fund upon receipt of reimbursement from the affected state or province. [PL 2011, c. 655, Pt. O, §1 (NEW).]

9. Emergency funding for nonprofit food banks. During a state of emergency declared in accordance with Title 37‑B, section 742, subsection 1 that exceeds 10 days, the Governor, in accordance with rules adopted by the Commissioner of Agriculture, Conservation and Forestry, may distribute up to $400,000 from the stabilization fund to nonprofit entities, including food banks, food pantries and soup kitchens, that provide or distribute food to low-income, indigent or unemployed individuals or households without charge. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to prescribe the manner in which the funds distributed under this subsection must be disbursed. The commissioner may leverage funds distributed under this subsection to match any relevant federal funding available for qualifying food programs in the State. Rules adopted pursuant to this subsection are routine technical rules as described in chapter 375, subchapter 2‑A . The Governor may not suspend under Title 37‑B, section 742, subsection 1, paragraph C , subparagraph (1) rules adopted under this subsection. [PL 2023, c. 424, §1 (NEW).]
5 M.R.S. § 119 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 119
5 §119. Access to database
Status: in_force

The Secretary of State may provide public access to the database through a dial-in modem, through public terminals and through electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may adopt rules in accordance with the Maine Administrative Procedure Act to establish a fee schedule and governing procedures. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 307 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 307
5 §307. Interest in contracts prohibited
Status: in_force

In addition to the limitations of section 18 , an employee of the Department of Administrative and Financial Services or member of the commission may not be interested directly or indirectly in any contract or contracts calling for the construction or improvements of facilities, buildings and grounds in the Capitol Area in the City of Augusta as described in Title 1, section 814 . [PL 2007, c. 466, Pt. A, §6 (AMD).]
5 M.R.S. § 18605 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18605
5 §18605. Adjustment of benefits
Status: in_force

1. Cessation of eligibility. When a person sharing benefits under section 18603 ceases to be eligible to receive benefits, the subsequent benefits of the remaining beneficiaries shall be recalculated as if the remaining beneficiaries had been the only beneficiaries to survive the qualifying member. [PL 1985, c. 801, §§5, 7 (NEW).]

2. Workers' compensation or similar law. The amount payable under this article must be reduced by any amount received by the surviving spouse and dependent child or dependent children under former Title 39, the Workers' Compensation Act or Title 39‑A, Part 1 , the Maine Workers' Compensation Act of 1992, or a similar law. For purposes of this article, a death benefit paid to a law enforcement officer, firefighter or emergency medical services person under Title 25, chapter 195‑A is not considered a benefit paid under a "similar law" and may not be used to reduce the amount payable under this article. A. Lump-sum settlements of benefits that would reduce the accidental death benefits under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. [PL 1991, c. 885, Pt. E, §16 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] B. The prorated lump-sum settlement amounts must reduce the accidental death benefits payable monthly under this article. [PL 1991, c. 885, Pt. E, §16 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [PL 2001, c. 439, Pt. CCCCC, §3 (AMD).]

3. Cost-of-living adjustments. Benefits under this article are subject to adjustment as provided in section 18407 . [PL 1995, c. 462, Pt. A, §15 (AMD).]
5 M.R.S. § 18409 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18409
5 §18409. Payment from certain funds
Status: in_force

All benefits payable under this chapter must be paid from the Retirement Allowance Fund, except those payable from the Members' Contribution Fund or as specifically provided in this chapter. [PL 2007, c. 249, §31 (AMD).]
5 M.R.S. § 3360-E — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-E
5 §3360-E. Payment of awards; limits
Status: in_force

Payments from the fund and limits on those payments are governed by this section. [PL 2023, c. 643, Pt. N, §2 (NEW).]

1. Compensation for victim of sexual assault or other specified crime. The board may award compensation to a claimant of up to $15,000 for actual and unreimbursed losses and eligible expenses of any person who is sexually assaulted or who suffers personal injury or death as the result of a crime specified in section 3360, subsection 3 . [PL 2023, c. 643, Pt. N, §2 (NEW).]

2. Payment to victim of mass violence crime; source of payments. Notwithstanding the compensation limits in subsection 1 , if the underlying crime is a mass violence crime, the board may award a total amount of compensation of more than $15,000. Any awarded amount in excess of $15,000 must be paid from the Maine Mass Violence Care Fund established in section 3360‑W . [PL 2023, c. 643, Pt. N, §2 (NEW).]

3. Award for family or household member. An award of compensation for the benefit of a family or household member is derivative of the claim of the victim. The total compensation paid from the fund for all claims arising from the crime against the victim may not exceed $15,000. [PL 2023, c. 643, Pt. N, §2 (NEW).]

4. Payment to individuals responsible for medical, funeral and other expenses of victim. Within the limits specified in this section, when a person dies as the direct result of a specified crime under section 3360, subsection 3 , any individual who pays or who is legally responsible for medical, medically related, funeral or burial expenses may seek compensation for those unreimbursed expenses incurred by the individual. A provider of medical or funeral services may not seek reimbursement directly. [PL 2023, c. 643, Pt. N, §2 (NEW).]

5. Method of payment of award. The board, in its sole discretion, may disburse funds awarded directly to the claimant or to the individuals or entities who provided the services for which compensation was awarded. In the case of more than one family or household member, the board may apportion the total compensation as the board determines. [PL 2023, c. 643, Pt. N, §2 (NEW).]
5 M.R.S. § 18256 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18256
5 §18256. Denial of membership rights (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY:  See PL 1991, c. 619, §18)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The board may, in its discretion, deny the right to become a member to any class of employees who are serving on a temporary basis or whose compensation is set on any basis other than a per annum basis. [PL 1985, c. 801, §§5, 7 (NEW).](CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Board of trustees. The board may deny membership to any class of employees whose compensation is set on any basis other than a per annum basis and that is not required by 26 CFR Part 31 to be covered by a public employee retirement system or United States Social Security System. [PL 1991, c. 619, §13 (NEW); PL 1991, c. 619, §18 (AFF).]

2. Local district. A participating local district may deny membership to part-time, seasonal and temporary employees to the extent and in the manner provided by board rules. [PL 1991, c. 619, §13 (NEW); PL 1991, c. 619, §18 (AFF).]
5 M.R.S. § 17451 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17451
5 §17451. Appeals
Status: in_force

1. Decision of chief executive officer. Any person aggrieved by a decision or ruling of the chief executive officer may appeal the decision or ruling to the board. A. To appeal a person must apply in writing to the board within 30 days after receiving written notice of the chief executive officer's decision or ruling. [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §548 (REV).] B. In any appeal proceeding, the board may investigate and consider all issues of fact or law, including the reasons for the decision or ruling of the chief executive officer. [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).] C. The appeal proceeding is an adjudicatory proceeding within the meaning of chapter 375, subchapter IV . [PL 1985, c. 801, §§ 5, 7 (NEW).] D. The board shall complete the appeal proceeding within 90 days of receiving the written application for appeal. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]

2. Decision of board. Any person aggrieved by a decision or ruling of the board in an adjudicatory proceeding is entitled to judicial review of the decision or ruling in accordance with chapter 375, subchapter VII . [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 20042 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20042
5 §20042. Standards
Status: in_force

The department shall contract for treatment services only with approved treatment facilities. [PL 2011, c. 657, Pt. AA, §35 (AMD).]
5 M.R.S. § 206 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 206
5 §206. Definitions
Status: in_force

The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically required, shall mean: [PL 1969, c. 577, §1 (NEW).]

1. Documentary material. "Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate. [PL 1969, c. 577, §1 (NEW).]

2. Person. "Person" shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. [PL 1969, c. 577, §1 (NEW).]

3. Trade and commerce. "Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. [PL 1969, c. 577, §1 (NEW).]
5 M.R.S. § 13083-D-1 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-D-1
5 §13083-D-1. Bonds
Status: in_force

1. Hearing required. The authority may issue bonds to finance its activities only after giving notice of the proposed issuance and its terms at least twice in a newspaper of general circulation in Washington County and holding a duly advertised public hearing on the issuance. [PL 2011, c. 136, §4 (NEW).]

2. Authority. The authority may issue bonds from time to time in its discretion to finance the undertaking of an authorized activity under this article, including but not limited to the payment of principal and interest upon advances for surveys and plans, and may issue refunding bonds for the payment or retirement of bonds previously issued. A. The principal and interest of bonds must be made payable solely from the income, proceeds, revenues and funds of the authority derived from or held for activities under this article. Payment of the principal and interest of bonds may be further secured by a pledge of a loan, grant or contribution from the Federal Government or other source in aid of activities of the authority under this article and by a mortgage of an urban activity or a project or part of a project, title to which is in the authority. [PL 2011, c. 136, §4 (NEW).] B. Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and are not subject to other laws or charters relating to the authorization, issuance or sale of bonds. Bonds issued under this article are declared to be issued for an essential public and governmental purpose and, together with interest on and income from the bonds, are exempt from all taxes. [PL 2011, c. 136, §4 (NEW).] C. Bonds may not be issued by the authority until the authority has received a certificate of approval from the Finance Authority of Maine authorizing issuance of the bonds. Before issuing a certificate of approval under this section, the Finance Authority of Maine must determine that there is a reasonable likelihood that the income, proceeds, revenues and funds of the authority derived from or held for activities under this article or otherwise pledged to payment of the bonds will be sufficient to pay the principal, the interest and all other amounts that may at any time become due and payable under the bonds. In making this determination, the Finance Authority of Maine shall consider the authority's analysis of the proposed bond issue and the revenues to make payments on the bonds and may require such information, projections, studies and independent analyses as it considers necessary or desirable and may charge the authority reasonable fees and expenses. The issuance by the Finance Authority of Maine of a certificate of approval under this section does not constitute an endorsement of the bonds or the projects or purposes for which those bonds are issued and neither the authority nor any other person or entity, including, without limitation, any holders of bonds of the authority, have any cause of action against the Finance Authority of Maine with respect to any such certificate of approval. The Finance Authority of Maine may require that it be indemnified, defended and held harmless by the authority for any liability or cause of action arising out of or with respect to the bonds. [PL 2011, c. 136, §4 (NEW).] [PL 2011, c. 136, §4 (NEW).]

3. General characteristics. Bonds authorized under this section may be issued in one or more series. The resolution, trust indenture or mortgage under which the bonds are issued may include the following: A. The date or dates borne by the bonds; [PL 2011, c. 136, §4 (NEW).] B. Whether the bonds are payable upon demand or mature at a certain time or times; [PL 2011, c. 136, §4 (NEW).] C. The interest rate or rates of the bonds; [PL 2011, c. 136, §4 (NEW).] D. The denomination or denominations of the bonds; [PL 2011, c. 136, §4 (NEW).] E. The form of the bonds, whether coupon or registered; [PL 2011, c. 136, §4 (NEW).] F. The conversion or registration privileges carried by the bonds; [PL 2011, c. 136, §4 (NEW).] G. The rank or priority of the bonds; [PL 2011, c. 136, §4 (NEW).] H. The manner of execution of the bonds; [PL 2011, c. 136, §4 (NEW).] I. The medium and place or places of payment; [PL 2011, c. 136, §4 (NEW).] J. The terms of redemption of the bonds, with or without premium; [PL 2011, c. 136, §4 (NEW).] K. The manner secured; and [PL 2011, c. 136, §4 (NEW).] L. Any other characteristics of the bonds. [PL 2011, c. 136, §4 (NEW).] [PL 2011, c. 136, §4 (NEW).]

4. Price sold. The bonds may be: A. Sold to a person on such terms as the authority may negotiate; [PL 2011, c. 136, §4 (NEW).] B. Exchanged for other bonds on the basis of par; or [PL 2011, c. 136, §4 (NEW).] C. Sold to the Federal Government at private sale at not less than par. If less than all of the authorized principal amount of the bonds is sold to the Federal Government, the balance may be sold at private sale at not less than par at an interest cost to the municipality that does not exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government. [PL 2011, c. 136, §4 (NEW).] [PL 2011, c. 136, §4 (NEW).]

5. Signatures of outgoing officers; negotiability. If an official of the authority whose signature appears on a bond or coupon issued under this article ceases to be an official before the bond is delivered, the signature is nevertheless valid for all purposes as if the official had remained in office until the delivery. Notwithstanding contrary provisions of law, bonds issued under this article are fully negotiable. [PL 2011, c. 136, §4 (NEW).]

6. Bond recitation; conclusive presumptions. In actions or proceedings involving the validity or enforceability of a bond issued under this article or the security for that bond, a bond reciting in substance that it has been issued by the authority in connection with an activity is conclusively deemed to have been issued for that purpose and the activity is conclusively deemed to have been planned, located and carried out in accordance with this article. [PL 2011, c. 136, §4 (NEW).]

7. No personal liability; not debt of State or municipality. Neither the trustees of the authority nor the person executing the bonds is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of the authority must have stated on their face that they are not a debt of the State and that the State is not liable on the bonds. The bonds or obligations may not be payable out of funds or properties other than those of the authority acquired for the purposes of this article. [PL 2011, c. 136, §4 (NEW).]

8. Bonds as legal investments. Public officers, municipal corporations, political subdivisions and public bodies; banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business; insurance companies, insurance associations and other persons carrying on an insurance business; and executors, administrators, curators, trustees and other fiduciaries may legally invest sinking funds, money or other funds belonging to them or within their control in bonds or other obligations issued by the authority under this article. These bonds or other obligations are authorized security for all public deposits. It is the purpose of this section to authorize persons, political subdivisions and officers, public or private, to use funds owned or controlled by them for the purchase of these bonds or other obligations. This section does not relieve a person of any duty or of exercising reasonable care in selecting securities. [PL 2011, c. 136, §4 (NEW).]

9. Investment of funds; redemption of bonds. The authority may: A. Invest, in property or securities in which savings banks may legally invest funds subject to their control, funds held in reserves, sinking funds or funds not required for immediate disbursement; and [PL 2011, c. 136, §4 (NEW).] B. Cancel its bonds by redeeming them at the redemption price established in the bonds or by purchasing them at less than redemption price. [PL 2011, c. 136, §4 (NEW).] [PL 2011, c. 136, §4 (NEW).]
5 M.R.S. § 1660-D — ME Code / Title 5 / Part 4 / Chapter 148-C / Section 1660-D
5 §1660-D. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 402, Pt. C, §2 (NEW).]

1. Agreement. "Agreement" means a legally binding written document between 2 or more parties, including, but not limited to, a document commonly referred to as an accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. [PL 1995, c. 402, Pt. C, §2 (NEW).]

2. Agreement funds; agreement funding. "Agreement funds" or "agreement funding" means all agreement funds received by a community agency from the department. It includes state and federal pass-through funds. [PL 1995, c. 402, Pt. C, §2 (NEW).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services, who has responsibility for the administration of this chapter. [PL 2005, c. 397, Pt. A, §6 (AMD).]

4. Community agency. "Community agency" means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit that: A. Operates a social service program at the community level; [PL 1995, c. 402, Pt. C, §2 (NEW).] B. Receives public funds, either directly or indirectly, from one or more state departments or agencies; [PL 1995, c. 402, Pt. C, §2 (NEW).] C. Is not an administrative unit of the Federal Government or State Government; and [PL 1995, c. 402, Pt. C, §2 (NEW).] D. Is not exclusively a health care facility within the meaning of Title 22, former section 382, subsection 6. [PL 2017, c. 475, Pt. A, §3 (AMD).] [PL 2017, c. 475, Pt. A, §3 (AMD).]

5. Community agency fiscal year. "Community agency fiscal year" means the fiscal year of a community agency commencing on or after July 1, 1995. [PL 1995, c. 402, Pt. C, §2 (NEW).]

6. Department. "Department" means the Department of Health and Human Services as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner. [RR 2003, c. 2, §4 (COR).]

7. Department examination. "Department examination" means actions determined to be necessary by the department's audit division, including, but not limited to, analyses or testing of reported agreement balances and transactions, provision of internal control systems and compliance with rules. Examinations conducted by the department may be of a limited scope basis and need not be done in accordance with government auditing standards. [PL 1995, c. 402, Pt. C, §2 (NEW).]

8. Department review. "Department review" means a review by the department of a community agency's submitted annual financial statement report. Review may include desk or quality control reviews or such other reviews as the department may establish by rule. Reviews are done for the purpose of accepting or rejecting the audit submission for federal and state department purposes or for the purpose of financially closing out the agreements for the department. [PL 1995, c. 402, Pt. C, §2 (NEW).]

9. Dollar threshold. "Dollar threshold" means a funding limit that is set to determine how a community agency will be held accountable for agreement receipts of state and federal funds from the department. This term governs the community agency's annual reporting requirements for agreement expenditures and it is measured on an entitywide basis based on the community agency fiscal year. [PL 2005, c. 519, Pt. SS, §1 (AMD).]

10. Entitywide financial reporting. "Entitywide financial reporting" means financial statements and agreement supplemental schedules of a community agency prepared based on its fiscal year. At a minimum, the supplemental schedules of the agreements must identify revenues and expenditures for each agreement. [PL 2005, c. 519, Pt. SS, §1 (AMD).]

11. Federal audit. "Federal audit" means an audit made pursuant to the federal Office of Management and Budget uniform guidance under 2 Code of Federal Regulations, Part 200 or any subsequent revisions. [PL 2021, c. 10, §1 (AMD).]

12. Federal funds. "Federal funds" means all federal funds received by a community agency and not just those agreements received from the department. It includes federal direct, indirect and pass-through funds from all sources. [PL 1995, c. 402, Pt. C, §2 (NEW).]

13. Generally accepted accounting principles. "Generally accepted accounting principles" means uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the American Institute of Certified Public Accountants and other recognized professional bodies. [PL 1995, c. 402, Pt. C, §2 (NEW).]

14. Government auditing standards. "Government auditing standards" means auditing standards promulgated by the Comptroller General of the United States that are applicable to financial audits. [PL 2005, c. 519, Pt. SS, §1 (AMD).]

15. Independent public accountant. "Independent public accountant" means a person who complies with government auditing standards and who is one of the following: A. A licensed certified public accountant or person working for a licensed certified public accounting firm; or [PL 1995, c. 402, Pt. C, §2 (NEW).] B. A public accountant licensed on or before December 31, 1970 or a person working for a public accounting firm licensed on or before December 31, 1970. [PL 1995, c. 402, Pt. C, §2 (NEW).] [PL 1995, c. 402, Pt. C, §2 (NEW).]

16. Nonparticipating department. "Nonparticipating department" means a department or division of State Government other than one defined as a department in this section that has not been approved for inclusion in this chapter by the commissioner. Nonparticipating departments may not impose audit requirements or agreement compliance and cost criteria to an agreement with a community agency that do not conform to the requirements of this subsection and its subsequent rules. [PL 1995, c. 402, Pt. C, §2 (NEW).]

17. Nonprofit organization. "Nonprofit organization" means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. [PL 1995, c. 402, Pt. C, §2 (NEW).]

18. Public. "Public" means a municipal, county or other governmental body that is a political subdivision within the State. [PL 1995, c. 402, Pt. C, §2 (NEW).]

19. Risk pool. "Risk pool" means utilizing and assessing risk factors for determining the need for an examination of an agreement. Such risk factors may include the value of the agreement and the prior and current community agency historical profile. [PL 1995, c. 402, Pt. C, §2 (NEW).]

20. Social service. "Social service" means any social services program funded in whole or in part through an agreement issued by the department. Medicaid funding is excluded unless specifically identified as a social service program in an agreement award. [PL 1995, c. 402, Pt. C, §2 (NEW).]
5 M.R.S. § 1825-O — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-O
5 §1825-O. Rulemaking
Status: in_force

The Chief Procurement Officer shall adopt rules under this subchapter governing the award of bids. Those rules must include specific guidelines for vendors to follow in order to comply with the state purchasing code of conduct and criteria for seeking disclosure of names and addresses of vendors' suppliers and suppliers' working conditions. [PL 2023, c. 516, Pt. B, §35 (AMD).]

Rules adopted under this section are major substantive rules as defined in chapter 375, subchapter II‑A . [PL 2001, c. 439, Pt. NNNN, §1 (NEW).]
5 M.R.S. § 791 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 791
5 §791. Records confidential
Status: in_force

Records and correspondence utilized by state agencies in the certification of minority business enterprises, women's business enterprises and disadvantaged business enterprises which pertain to the applicant's financial or tax status, to private contracts made by the applicant, to the applicant's trade secrets or to any other matter customarily regarded as confidential business information shall be confidential and shall not be open for public inspection. [PL 1985, c. 587 (NEW).]

Nothing in this section prevents the disclosure of any records, correspondence or other materials to authorized officers and employees of the State Government and Federal Government. [PL 1985, c. 587 (NEW).]
5 M.R.S. § 1812 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812
5 §1812. Scope of purchasing authority
Status: in_force

The terms "services," "supplies," "materials" and "equipment" as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. Except as provided in chapters 141 to 155 , any and all services, supplies, materials and equipment needed by one or more departments or agencies of the State Government must be directly purchased or contracted for by the Director of the Bureau of General Services, as may be determined from time to time by rules adopted pursuant to chapters 141 to 155 , which rules the Department of Administrative and Financial Services is authorized and empowered to make. It is the intent and purpose of this chapter that the Director of the Bureau of General Services purchase collectively all services, supplies, materials and equipment for the State or any department or agency thereof in a manner that will best secure the greatest possible economy consistent with the grade or quality of the services, supplies, materials and equipment best adapted for the purposes for which they are needed. Whenever supplies and materials are available for purchase that are composed in whole or in part of recycled materials and are shown by the seller, supplier or manufacturer to be equal in quality and are competitively priced, except for paper and paper products, the Director of the Bureau of General Services shall purchase such recycled supplies and materials. The Director of the Bureau of General Services shall also review procurement procedures and bid specifications for the purchase of products and materials to ensure, to the maximum extent feasible, the purchase of products or materials that are made with recycled materials or may be recycled or reused once discarded. For the purposes of this section and section 1812‑B , "recycled materials" means materials that are composed in whole or in part of elements that are reused or reclaimed. [PL 1991, c. 780, Pt. Y, §67 (AMD).]

The Trustees of the University of Maine System may authorize the Department of Administrative and Financial Services to act for them in any purchases. [PL 1991, c. 780, Pt. Y, §67 (AMD).]

The word "services," when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. The Director of the Bureau of General Services may, with the approval of the Commissioner of Administrative and Financial Services add to or eliminate from the various types of service set forth in this paragraph such services performed by independent contractors as may be considered by the director to be in the best interests of the State. [PL 1991, c. 780, Pt. Y, §67 (AMD).]
5 M.R.S. § 13120-S — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-S
5 §13120-S. Inventory of nonproductive industrial or manufacturing sites
Status: in_force

By January 1, 2018 and annually thereafter, the authority, in consultation with the Office of Business Development within the department, shall make or require an inventory to be made of all nonproductive industrial or manufacturing sites in the State that are available for redevelopment. [PL 2017, c. 174, §2 (NEW).]
5 M.R.S. § 13203 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13203
5 §13203. Maine Space Corporation; powers; board of directors; obligations
Status: in_force

1. Maine Space Complex. The corporation shall establish and promote the Maine Space Complex, which must include but is not limited to the following business units: A. The Maine Space Data and Advanced Analytics Center of Excellence, which must be a state-of-the-art computer center with networks equipped to import or downlink, store, cleanse, manage and analyze satellite data in concert with terrestrial data for the purposes of addressing business and public issues in innovative ways and creating new data products and services; [PL 2021, c. 631, §1 (NEW).] B. The Maine New Space Innovation Hub, which must be an industry meeting place, a hub for new business incubation and acceleration, facilities for satellite and launch vehicle manufacturing and integration and ground control for satellite launch operations. The shared space must contain specialized equipment to facilitate business research and development, academic and scientific inquiry and a kindergarten to grade 12 learning center and must be designed to attract both in-state and out-of-state interests; and [PL 2021, c. 631, §1 (NEW).] C. Maine Launch Sites and Services, which must consist of staging and launch sites for sending small vehicles with nanosatellites into polar orbit. Maine Launch Sites and Services shall allocate the use of its staging and launch sites in a manner that prioritizes Maine-based businesses and businesses that minimize the environmental effects of their space vehicles and launches. [PL 2021, c. 631, §1 (NEW).] The corporation shall restrict the Maine Space Complex to commercial, research and educational uses. [PL 2021, c. 631, §1 (NEW).]

2. Additional powers. The corporation may: A. Sue and be sued; [PL 2021, c. 631, §1 (NEW).] B. Adopt bylaws or rules consistent with this chapter for the governance of its affairs; [PL 2021, c. 631, §1 (NEW).] C. Notwithstanding Title 13‑B, section 102, subsection 4, paragraph C , exercise all of the general powers of a nonprofit corporation under Title 13‑B, section 202 ; [PL 2025, c. 258, §2 (AMD).] D. Provide for public safety by imposing appropriate rules, regulating appropriate use of the complex's facilities and ensuring compliance with rules as they apply to the use of the complex's facilities; [PL 2021, c. 631, §1 (NEW).] E. Charge and collect fees, charges and rents for the use of the complex's properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this chapter, subject to and in accordance with any agreement with bondholders that may be made as provided in this chapter; [PL 2021, c. 631, §1 (NEW).] F. Contract with the Federal Government or its instrumentalities or agencies; the State or its agencies, instrumentalities or municipalities; public bodies; private corporations; partnerships; associations; and individuals to carry out the purposes of this chapter; [PL 2021, c. 631, §1 (NEW).] G. Accept the aid and cooperation of the Federal Government or its agencies in the construction, maintenance, reconstruction, operation and financing of the complex's facilities and take necessary actions to make use of that aid and cooperation; [PL 2021, c. 631, §1 (NEW).] H. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes of this chapter and give any security that is required and enter into and carry out contracts in connection with any financial assistance; [PL 2021, c. 631, §1 (NEW).] I. Borrow money and make, issue and sell at public or private sale negotiable notes, bonds and other evidences of indebtedness or obligation of the corporation for the purposes of this chapter and secure the payment of that indebtedness or obligation or any part of that indebtedness or obligation by pledge of all or any part of the operating revenues of the corporation; [PL 2021, c. 631, §1 (NEW).] J. Enter into loan or security agreements with one or more lending institutions, including, but not limited to, banks, insurance companies and institutions that administer pension funds, or with trustees of those institutions, for the issuance of bonds and exercise with respect to those loan or security agreements all of the powers delineated in this chapter for the issuance of bonds; [PL 2021, c. 631, §1 (NEW).] K. Provide from operating revenues for the maintenance, construction or reconstruction of facilities to ensure the public safety for which the corporation has not otherwise provided; [PL 2021, c. 631, §1 (NEW).] L. Adopt rules for the administration of this chapter. Rules adopted pursuant to this paragraph are routine technical rules pursuant to chapter 375, subchapter 2‑A ; and [PL 2021, c. 631, §1 (NEW).] M. Take all other lawful action necessary and incidental to these powers. [PL 2021, c. 631, §1 (NEW).] [PL 2025, c. 258, §2 (AMD).]

3. Members of corporation. Members of the corporation are individuals and organizations that pay dues to the corporation. Memberships may be set at different levels. A. Members are private individuals, partnerships, small and large businesses, federal, state and local governmental entities, private and public higher education institutions and other public or quasi-public entities that are interested in advancing the State's new space economy. [PL 2021, c. 631, §1 (NEW).] B. Other than the right to vote on matters as specified in the bylaws of the corporation, the members have no authority to manage or direct the affairs and activities of the corporation. [PL 2021, c. 631, §1 (NEW).] [PL 2021, c. 631, §1 (NEW).]

4. Board of directors. The Board of Directors of the Maine Space Corporation consists of 17 directors, of whom 6 directors are ex officio as specified in paragraph B , and 11 directors are appointed as specified in paragraph C . Each director is entitled to one vote. A. The board of directors has the full authority to direct the affairs and activities of the corporation. [PL 2021, c. 631, §1 (NEW).] B. Ex officio members of the board of directors are: (1) The Commissioner of Economic and Community Development or the commissioner's designee; (2) The President of the Maine Technology Institute or the president's designee; (3) The Chancellor of the University of Maine System or the chancellor's designee; (4) The President of the Maine Community College System or the president's designee; (5) The executive director of the Midcoast Regional Redevelopment Authority or the executive director's designee; and (6) The executive director of the Loring Development Authority of Maine or the executive director's designee. [PL 2021, c. 631, §1 (NEW).] C. The members of the board of directors who are not ex officio members are appointed by the Governor and subject to confirmation by the Senate and must be individuals or representatives of organizations that are in a position to advance the purposes and goals of the corporation and are able to have a significant impact on improving the State's space economy infrastructure as specified in the bylaws of the corporation. Membership under this paragraph must include: (1) A representative of a business in the State with fewer than 25 employees that is involved in the aerospace industry; (2) A representative of a business in the State with 25 or more employees that is involved in the aerospace industry; (3) A resident of Aroostook County or Piscataquis County; (4) A resident of Cumberland County, York County or Androscoggin County; (5) A resident of Washington County, Hancock County or Penobscot County; (6) A resident of Waldo County, Knox County, Lincoln County, Sagadahoc County or Kennebec County; (7) A resident of Somerset County, Franklin County or Oxford County; (8) A representative of a nonprofit research organization in the State that uses satellite-based data; (9) A representative of an elementary or secondary school in the State; (10) A representative of a business that is involved in innovation and research and development in satellite development and manufacturing, data and analytics or launch services; and (11) A representative of business investors. The members of the board of directors who are not ex officio members are appointed for 3-year terms. A vacancy must be filled in the same manner as the original appointment in accordance with this paragraph for the balance of the unexpired term. A member of the board of directors continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of the holdover member's term. [PL 2023, c. 76, §1 (AMD).] D. The board of directors shall elect a chair and vice-chair from among its members. The corporation may employ an executive director, technical experts and other agents and employees, permanent and temporary, as required and may determine their qualifications, duties and compensation. For required legal services, the corporation may employ or retain its own counsel and legal staff. [PL 2021, c. 631, §1 (NEW).] E. For transacting business at board meetings, a majority of directors then in office constitutes a quorum. The vote of a majority of the directors present at board meetings constitutes the act of the board of directors whether or not there is a vacancy at the time of the vote. [PL 2025, c. 258, §3 (AMD).] [PL 2025, c. 258, §3 (AMD).]

5. Liability. The liability of the corporation is governed by the Maine Tort Claims Act. A member of the board of directors or an employee of the corporation is not subject to any personal liability for having acted in the service of the member's or employee's duty as a member of the board of directors or an employee of the corporation within the course and scope of membership or employment to carry out a power or duty under this chapter. The corporation shall indemnify a member of the board of directors or an employee of the corporation against expenses actually and necessarily incurred in connection with the defense of an action or proceeding in which a member of the board of directors or an employee of the corporation is made a party by reason of past or present association with the corporation. [PL 2021, c. 631, §1 (NEW).]

6. Expenses. A member of the board of directors is not entitled to receive compensation for services to the corporation but is entitled to receive reimbursement for necessary expenditures, including travel expenses incurred in carrying out those services. [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 15302-A — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15302-A
5 §15302-A. Confidentiality; freedom of access
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commercial or financial information" means information related to businesses, commerce, trade, employment, profits or finances, including personal finances. [PL 2001, c. 562, §2 (NEW).] B. "Grant" means any disbursement of funds through grants or other financial awards to private companies, targeted technology incubators or nonprofit organizations, pursuant to section 15303 , as well as any investment of funds, equity investment, securities, loan, contractual arrangement or other evidence of indebtedness authorized by section 15304 . [PL 2001, c. 562, §2 (NEW).] C. "Trade secret" means a secret, commercially valuable plan, formula, process or device that is used for the making, preparing, compounding or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort. There must be a direct relationship between the trade secret and the productive process. [PL 2001, c. 562, §2 (NEW).] [PL 2001, c. 562, §2 (NEW).]

2. Proceedings; records; confidentiality. The proceedings of the board and the records of the institute are public for the purposes of Title 1, chapter 13 , except that the following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A : A. A record obtained or developed by the board prior to receipt of a written application or proposal in a form acceptable to the board for either financial assistance from the board or in connection with a transfer of property to or from the board. After receipt by the board of the application or proposal, a record pertaining to the application or proposal may not be considered confidential unless it is confidential under another provision of this subsection; [PL 2001, c. 562, §2 (NEW).] B. A peer review or analysis or other document related to the evaluation of a grant application or proposal; [PL 2001, c. 562, §2 (NEW).] C. A record that the person, including the institute, to whom the record belongs or pertains has requested be designated confidential and that the institute has determined contains proprietary information, trade secrets or commercial or financial information, the release of which could be competitively harmful to the submitter of the information, could impair the institute's ability in the future to obtain similar necessary information solely through the voluntary provision of such information and could affect other institute interests, such as program effectiveness and compliance; [PL 2001, c. 562, §2 (NEW).] D. A financial statement, credit report or tax return of an individual or other record obtained or developed by the board, the disclosure of which would constitute an invasion of personal privacy as determined by the board; [PL 2001, c. 562, §2 (NEW).] E. A record, including a financial statement or tax return obtained or developed by the board in connection with monitoring or servicing activity of the board, pertaining to financial assistance provided or to be provided by or with the assistance of the board; [PL 2001, c. 562, §2 (NEW).] F. A record obtained or developed by the board that contains an assessment by a person who is not employed by the board of the creditworthiness or financial condition of a person or project; [PL 2001, c. 562, §2 (NEW).] G. A financial statement or business and marketing plan in connection with a project receiving or to receive financial assistance from the board, if the person to whom the statement or plan belongs or pertains has requested that the record be designated confidential; and [PL 2001, c. 562, §2 (NEW).] H. Those employee personnel records made confidential pursuant to section 957, subsection 5 and section 17057 . [PL 2001, c. 562, §2 (NEW).] [PL 2001, c. 562, §2 (NEW).]

3. Wrongful disclosure prohibited. A member, officer, employee, agent, other representative of the board or other person may not knowingly divulge or disclose records declared confidential by this section, except that the board may, in its discretion, make or authorize a disclosure of impersonal, statistical or general information or may make or authorize disclosure of information: A. If necessary in connection with processing an application for or obtaining or maintaining financial assistance for a person or in connection with acquiring, maintaining or disposing of property; [PL 2001, c. 562, §2 (NEW).] B. To a financing institution or credit reporting service; [PL 2001, c. 562, §2 (NEW).] C. If necessary to comply with any federal or state law or rule or with an agreement pertaining to financial assistance; [PL 2001, c. 562, §2 (NEW).] D. If necessary to ensure collection of an obligation in which the board has or may have an interest; [PL 2001, c. 562, §2 (NEW).] E. Obtained from records declared confidential by this section for introduction for the record in litigation or a proceeding in which the board has appeared; or [PL 2001, c. 562, §2 (NEW).] F. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as the order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as the order appears on its face or otherwise to have been issued or made upon lawful authority. [PL 2001, c. 562, §2 (NEW).] [PL 2001, c. 562, §2 (NEW).]

4. Public information. Notwithstanding subsection 2 , the institute shall make available the following information upon request: A. Names and addresses of recipients of or applicants for financial assistance, including principals where applicable; [PL 2001, c. 562, §2 (NEW).] B. Amounts, types and terms of financial assistance provided to recipients or requested by applicants, including, without limitation, repayment period, security and rights of the institute to receive royalties and other payments, if any; [PL 2001, c. 562, §2 (NEW).] C. General descriptions of projects and businesses benefiting or to benefit from financial assistance; [PL 2001, c. 562, §2 (NEW).] D. Names of transferors or transferees, including principals, of property to or from the institute, the general terms of transfer, the transfer instrument or agreement and the purposes for which the transferred property will be used; [PL 2001, c. 562, §2 (NEW).] E. Number of new jobs created, the number of patents and copyrightable works produced, information identifying the patents and registered copyrightable works produced, the amount of royalties or returns on equity investments received by the institute or the amount of repayments received by the institute in connection with institute grants, except for information that would place a recipient of or an applicant for financial assistance at a competitive disadvantage; [PL 2001, c. 562, §2 (NEW).] F. Policies concerning institute governance, operations or procedures for review or funding of applications; and [PL 2001, c. 562, §2 (NEW).] G. Any information pursuant to waiver considered satisfactory by the institute. [PL 2001, c. 562, §2 (NEW).] [PL 2001, c. 562, §2 (NEW).]

5. Construction. This section must be strictly construed to protect the confidentiality of all documents designated as confidential, the confidentiality of which is essential to the technology development purpose of the institute and to the confidence of the private sector in the institute and its mission. [PL 2001, c. 562, §2 (NEW).]
5 M.R.S. § 7039 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7039
5 §7039. Civil Service Law
Status: in_force

The Civil Service Law consists of chapters 65 , 67 , 68 , 69 , 71 and this chapter. Whenever reference is made in statute or rule to the Civil Service Law, the chapters delineated in this section apply. [RR 2001, c. 2, Pt. A, §9 (COR).]
5 M.R.S. § 42 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 42
5 §42. Exchange of information and records
Status: in_force

No state agency, board, commission, department or institution shall be charged for information or copies of records furnished by another state agency, board, commission, department or institution.
5 M.R.S. § 1731 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1731
5 §1731. Reserve fund for self-insured retention losses
Status: in_force

A reserve fund, referred to in this chapter as the "self-insurance fund," is created to indemnify the State or the State's designated payee for self-insured retention losses and related loss adjustment expenses from those perils insured against under a deductible or self-insured retention program, as recommended by the State Controller and approved by the Commissioner of Administrative and Financial Services. With the approval of the commissioner, the self-insurance fund may be used for loss prevention programs administered by either the risk management division within the Office of the State Controller or the Bureau of Human Resources. The total amount of the self-insurance fund provided for loss prevention programs in any given year may not exceed 5% of the self-insurance fund as of July 1st of that fiscal year. The self-insurance fund is a continuing fund and does not lapse. Funds provided from the self-insurance fund to the Bureau of Human Resources are similarly nonlapsing and are carried forward through the Bureau of Human Resources' Dedicated Revenue Account. [PL 2017, c. 284, Pt. O, §4 (AMD).]

As approved by the Commissioner of Administrative and Financial Services, up to 10% of the amount of the self-insurance fund as of July 1st of each fiscal year may be used to ensure the prompt payment of workers' compensation claims for state agencies as required by law. Any funds so transferred must be repaid to the self-insurance fund by use of a written agreement that specifies reimbursement within the same biennium in which the transfer was made. [PL 1993, c. 470, §2 (AMD).]
5 M.R.S. § 90-N — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-N
5 §90-N. Bureau established
Status: in_force

The Bureau of the Special Advocate, referred to in this subchapter as "the bureau," is established within the Department of the Secretary of State to assist in resolving regulatory enforcement actions affecting small businesses that, if taken, are likely to result in significant economic hardship and to advocate for small business interests in other regulatory matters. [PL 2011, c. 304, Pt. D, §2 (NEW).]
5 M.R.S. § 7056-A — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7056-A
5 §7056-A. Political activity
Status: in_force

1. Use of official authority. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State may not use that officer's or employee's official authority, influence or supervisory position for the purpose of: A. Interfering with or affecting the result of a partisan election or nomination for elective office; or [PL 1997, c. 498, §6 (NEW).] B. Attempting to intimidate, threaten, coerce, command or influence a person to give or withhold a political contribution or to engage or not to engage in any form of political activity as defined in this section. [PL 1997, c. 498, §6 (NEW).] For the purpose of this subsection, "use of official authority or influence" includes promising to confer or conferring a benefit such as compensation, a grant, contract, license or ruling; effecting or threatening to effect a reprisal, such as deprivation of compensation, a grant, contract, license or ruling; or taking, directing others to take, recommending, processing or approving any personnel action. [PL 1997, c. 498, §6 (NEW).]

2. Political contributions. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State may not: A. Give or offer to give a political contribution to an individual to vote or refrain from voting or to vote for or against any candidate or measure in any partisan election; [PL 1997, c. 498, §6 (NEW).] B. Solicit, accept or receive a political contribution to vote or refrain from voting or to vote for or against any candidate or measure in any partisan election; [PL 1997, c. 498, §6 (NEW).] C. Knowingly give or hand over a political contribution to a superior of the employee; [PL 1997, c. 498, §6 (NEW).] D. Knowingly solicit, accept or receive or be in any manner concerned with soliciting, accepting or receiving a political contribution from another employee or a member of another employee's immediate family who is a subordinate of the employee; or [PL 1997, c. 498, §6 (NEW).] E. Knowingly solicit, accept or receive a political contribution from or give a political contribution to any person who: (1) Has or is seeking to obtain contractual or other business or financial relations with the agency in which the employee is employed; (2) Conducts operations or activities that are regulated by that agency; or (3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duties. [PL 1997, c. 498, §6 (NEW).] [PL 1997, c. 498, §6 (NEW).]

3. Political activity. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State may not engage in political activity: A. When the employee is on duty; [PL 1997, c. 498, §6 (NEW).] B. In state-owned or leased work space occupied in the discharge of official duties or by using the facilities or services of the State; or [PL 1997, c. 498, §6 (NEW).] C. When wearing a uniform or official insignia identifying the office or position of the employee or while using a vehicle owned or leased by the State or its agencies. [PL 1997, c. 498, §6 (NEW).] As used in this subsection, political activity means to advocate expressly for the election or defeat of any candidate for a federal office, a constitutional office or any candidate for partisan elective municipal, county or state office, including leadership positions in the Senate and the House of Representatives or to solicit contributions reportable under Title 21‑A, chapter 13 . [PL 1997, c. 498, §6 (NEW).]

4. Candidacy for elective office. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State, except for an officer or enlisted person in the Maine National Guard, may not be a candidate for elective office in a partisan public election other than for a local office. This subsection may not be construed as prohibiting an officer or employee of the State from being a candidate in an election if none of the candidates is nominated or elected at that election as representing a party whose candidates for presidential elector received votes in the last preceding election during which presidential electors were selected. Law enforcement officers continue to be subject to departmental rules regarding procedures on candidacy. [PL 2007, c. 130, §1 (AMD).]

5. Rights of voting and free expression. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State retains the right to vote as that officer or employee chooses and to express opinions on political subjects and candidates. [PL 1997, c. 498, §6 (NEW).]

6. Rights of participation in political organizations and activities. An officer or an employee of the classified service or an employee from the executive branch in the unclassified service of this State may: A. Campaign for and hold an elective office in political clubs and organizations; [PL 1997, c. 498, §6 (NEW).] B. Contribute money to political organizations or attend political fundraising functions; [PL 1997, c. 498, §6 (NEW).] C. Donate personal time and service to a political cause; [PL 1997, c. 498, §6 (NEW).] D. Be a candidate for public office in a nonpartisan election; and [PL 1997, c. 498, §6 (NEW).] E. Participate in any other activity not specifically prohibited by state or federal law. [PL 1997, c. 498, §6 (NEW).] [PL 1997, c. 498, §6 (NEW).]

7. Exemption of official duties. This section may not be construed to apply to any actions taken in order to carry out the duties and responsibilities of an officer's or employee's position, including but not limited to advocacy on policy issues or legislation. [PL 1997, c. 498, §6 (NEW).]
5 M.R.S. § 893 — ME Code / Title 5 / Part 2 / Chapter 68 / Section 893
5 §893. Administration
Status: in_force

Payroll deductions must be made by the appropriate payroll officer of each county, municipality or other political subdivision. The Commissioner of Administrative and Financial Services is responsible for the administration of this chapter as it applies to state employees. Any costs incurred by the Commissioner of Administrative and Financial Services to administer the state program must be borne equally by state employee participants, and these costs may be compensated by means of payroll deductions. [PL 1991, c. 780, Pt. Y, §34 (AMD).]
5 M.R.S. § 137 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 137
5 §137. Purchase of unmatured bonds of State
Status: in_force

Whenever, from time to time in the judgment of the Treasurer of State, it may be done to the financial advantage of the State, the Treasurer of State may, with the advice and consent of the Governor, purchase with any funds in the State Treasury not otherwise appropriated and, when so purchased, may cancel any outstanding, unmatured bonds of the State. [RR 2023, c. 2, Pt. B, §21 (COR).]
5 M.R.S. § 1667 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1667
5 §1667. Work program and allotments
Status: in_force

Not later than June 1st of each year, the Governor shall require the head of each department and agency of the State Government to submit to the Bureau of the Budget a work program for the ensuing fiscal year. Such work program shall include all appropriations, revenues, transfers and other funds, made available to said department or agency for its operation and maintenance and for the acquisition of property, and it shall show the requested allotments of said sums by quarters for the entire fiscal year, classified to show allotments requested for specific amounts for personal services, capital expenditures and amounts for all other departmental expenses. The Department of Health and Human Services shall further break down its budget to include institutional food expenditures. Funds not expended for this budget item may not be transferred between line categories. The Governor, with the assistance of the State Budget Officer, shall review the requested allotments with respect to the work program of each department or agency and shall, if the Governor determines it necessary, revise, alter or change such allotments before approving the same. The Governor may authorize the State Budget Officer to approve quarterly allotments not to exceed $45,000 in any account. The aggregate of such allotments may not exceed the total sums made available to said department or agency for the fiscal year in question. The State Budget Officer shall transmit a copy of the allotments as approved by the Governor to the head of the department or agency concerned and also a copy to the State Controller. The State Controller shall thereupon authorize all expenditures to be made from the sums available on the basis of such allotments and not otherwise. [PL 2001, c. 213, §1 (AMD); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

The head of a department or agency of the State Government, whenever the head determines it necessary by reason of changed conditions, may revise the work program of the head's department or agency at the beginning of any quarter during the fiscal year and submit the revised program to the Bureau of the Budget with a request for a revision of the allotments of the remaining quarters of that fiscal year. If, upon reexamination of the work program, the State Budget Officer, with the approval of the Governor, decides to grant the request for the revision of the allotments, the same procedure, so far as it relates to review, approval and control, must be followed as in the making of the original allotments. [RR 2023, c. 2, Pt. B, §55 (COR).]
5 M.R.S. § 11008 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11008
5 §11008. Appeal to law court
Status: in_force

1. Appeal. Any party to the review proceeding in the Superior Court under this subchapter may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases. [PL 1977, c. 551, §3 (NEW).]

2. Supreme Judicial Court. The Supreme Judicial Court shall have the power to make and amend rules of pleading, practice and procedure, for the purposes of securing a simple, speedy and effective judicial review under this subchapter. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 3254 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3254
5 §3254. Staff and administrative services
Status: in_force

The office shall provide staff and administrative services as follows. [PL 2025, c. 388, Pt. D, §14 (NEW).]

1. Executive director. The director, in consultation with the commission, shall hire an executive director as a member of the office staff. The executive director oversees day-to-day operations of the commission, hires staff members with the approval of the commission and the director and carries out other responsibilities as directed by the commission. [PL 2025, c. 388, Pt. D, §14 (NEW).]

2. Administrative services. The director shall provide the executive director and the commission with continuing administrative support as appropriate. The office may establish a dedicated account on behalf of the commission to receive funds contributed by private and public agencies for use solely for commission purposes. [PL 2025, c. 388, Pt. D, §14 (NEW).]
5 M.R.S. § 18203-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18203-A
5 §18203-A. Resumption of participation after withdrawal
Status: in_force

The board may establish by rule the conditions under which a local district that has withdrawn from participation in the Participating Local District Retirement Program may again contract for participation of its employees in that program under this chapter or under chapter 427 . [PL 2007, c. 491, §186 (AMD).]
5 M.R.S. § 4583 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4583
5 §4583. Application
Status: in_force

Nothing in this Act may be construed to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to set up and enforce specifications in the selling, renting, leasing or letting or in the furnishings of facilities or services in connection with the facilities that are consistent with business necessity and are not based on the race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, country of ancestral origin or familial status of or the receipt of public assistance payments by any prospective or actual purchaser, lessee, tenant or occupant. Nothing in this Act may be construed to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or specifications for the granting of loans or financial assistance that are consistent with business necessity and are not based on the race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, country of ancestral origin or familial status of or the receipt of public assistance payments by the applicant for a loan or financial assistance or of any existing or prospective owner, lessee, tenant or occupant of a housing accommodation. [PL 2021, c. 366, §11 (AMD).]
5 M.R.S. § 952 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 952
5 §952. Department of Defense, Veterans and Emergency Management
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Defense, Veterans and Emergency Management. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Deputy Commissioner; [PL 1997, c. 643, Pt. Q, §4 (AMD).] B. Director, Maine Emergency Management Agency; and [PL 1997, c. 455, §4 (AMD).] C. [PL 1991, c. 626, §2 (RP).] D. Director of the Maine Bureau of Veterans' Services. [PL 1997, c. 455, §5 (NEW); PL 2019, c. 377, §6 (REV).] [PL 1997, c. 643, Pt. Q, §4 (AMD); PL 2019, c. 377, §6 (REV).]
5 M.R.S. § 199 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 199
5 §199. Consultation with, and advice to, district attorneys
Status: in_force

The Attorney General shall consult with and advise the district attorneys in matters relating to their duties. If in the Attorney General's judgment the public interest so requires, the Attorney General shall assist them by attending the grand jury in the examination of a case in which the accused is charged with treason or murder, and if in the Attorney General's judgment the public interest so requires, the Attorney General shall appear for the State in the trial of indictments for treason or murder. The Attorney General may institute and conduct prosecutions for all offenses against Title 21‑A , and for that purpose attend and present evidence to grand juries and assist them in the examination of witnesses and drawing indictments. The Attorney General may, in the Attorney General's discretion, act in place of or with the district attorneys, or any of them, in instituting and conducting prosecutions for crime, and is invested, for that purpose, with all the rights, powers and privileges of each and all of them. Any or all of the powers and duties enumerated in this chapter may, at the discretion of the Attorney General, be delegated to and performed by, any deputy attorney general, assistant attorney general or staff attorney. The authority given under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under the common law. [PL 1989, c. 502, Pt. A, §11 (AMD).]
5 M.R.S. § 33 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 33
5 §33. Bureau of Human Resources to inform supervisors and state employees
Status: in_force

The State Human Resources Officer is responsible for informing supervisors and state employees about the provisions of this chapter. The State Human Resources Officer, at a minimum, shall distribute a sufficient number of copies of this chapter, which shall be visibly posted in all state buildings, in order to notify the greatest possible number of state employees about the provisions in this chapter. [PL 1985, c. 785, Pt. B, §9 (AMD); PL 2023, c. 412, §3 (REV).]

The State Human Resources Officer shall use the necessary means to instruct all supervisory personnel about the provisions in this chapter. [PL 1985, c. 785, Pt. B, §9 (AMD); PL 2023, c. 412, §3 (REV).]
5 M.R.S. § 16 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 16
5 §16. Vacation and sick leave accumulation
Status: repealed

1. Vacation time. Classified and unclassified state employees shall be permitted to accumulate at least the vacation time listed under the following schedule: Longevity of employee Rate of accumulation 0-5 years 1 day per month of employment 6-10 years 1 1/4 days per month of employment 11-15 years 1 1/2 days per month of employment 16-20 years 1 3/4 days per month of employment 20 years or more 2 days per month of employment Classified and unclassified employees accumulating vacation time under this subsection shall be permitted to accumulate at least the number of vacation days set out under the following schedule: Longevity of employee Number of Accumulated Days Permitted at Any One Time 1-14 years 24 days 15 years or more 30 days [P&SL 1975, c. 147, Pt. E (NEW).]

1-A. Advancement of vacation time. A state employee who has vacation time credited in advance and who uses some or all of that advanced vacation time and subsequently leaves state service is responsible for reimbursing the State for the dollar value at that state employee's current wage for all advanced but unearned vacation time. A state employee who leaves state service may be paid only for vacation time earned and may not be paid for vacation time credited in advance. [PL 1991, c. 9, Pt. E, §3 (NEW); PL 1991, c. 9, Pt. E, §4 (AFF).]

2. Sick leave. Classified and unclassified employees shall earn at least one day of sick leave per month of employment and shall be permitted to accumulate days of sick leave up to at least 90 days at any one time. [P&SL 1975, c. 147, Pt. E (NEW).]

3. Regulations. The State Human Resources Officer shall, acting under section 631 , prescribe or amend rules and regulations to assure that state personnel policy conforms to the minimums set out in this section. The minimum limits contained in this section shall not be construed to be maximum limits, and the State Human Resources Officer may prescribe or amend rules permitting accumulation of vacation leave and sick leave beyond the limits set forth here for limited categories of state employees for state employees in special situations, or for all classified or unclassified state employees. [PL 1985, c. 785, Pt. B, §8 (AMD); PL 2023, c. 412, §3 (REV).]

Revisor's Note: §16. Payroll deduction for Maine Warden Service Relief Association (As enacted by PL 1975, c. 770, §19 was REPEALED PL 1977, c. 78, §5)
5 M.R.S. § 12005-A — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12005-A
5 §12005-A. Report to Secretary of State
Status: in_force

Every board listed in this chapter is required to appoint a clerk of the board who is responsible for submitting reports to the Secretary of State as required by this chapter. This clerk shall submit an annual report to the Secretary of State in a manner provided by the Secretary of State. This report must be submitted no later than December 31st of each calendar year and must include information required by this section and any other information determined necessary by the Secretary of State to fulfill the purposes of this chapter. This information must include: [PL 2007, c. 623, §1 (AMD).]

1. Clerk of board. The name, address, telephone number and e-mail address of the clerk of the board as well as an estimate of the number of hours spent annually working for the board; [PL 2007, c. 623, §1 (AMD).]

2. Names and addresses of members. The name of each member of the board on file with the Secretary of State and the current address of each member at the time of filing under this section; [PL 2007, c. 623, §1 (AMD).]

3. Date of appointment and expiration. The date of appointment of each member and the date of expiration of the term of each member on file with the Secretary of State; [PL 2007, c. 623, §1 (AMD).]

4. Dates and locations of all meetings. The dates and locations of all meetings or other activities of the board as specified in section 12002‑B, subsection 1 during the calendar year for which the report is prepared. A. In the event that a board reports no meetings for the calendar year of the report, the clerk shall indicate the last meeting of the board; [PL 1987, c. 786, §7 (NEW).] [PL 2007, c. 623, §1 (AMD).]

5. Attendance at and length of meetings. The number of members attending each meeting or activity of the board and the length of each meeting or activity of the board; [PL 2007, c. 623, §1 (AMD).]

6. Compensation. [PL 2007, c. 623, §1 (RP).]

6-A. Expenses related to the meetings or activities of the board. The following expenses related to the meetings or activities of the board: A. Total per diem compensation, if any, received by board members for each meeting or other activity of the board and the total received for the calendar year; [PL 2007, c. 623, §1 (NEW).] B. Total expenses for which board members were reimbursed, if any, for each meeting or other activity of the board and the total reimbursed for the calendar year; [PL 2007, c. 623, §1 (NEW).] C. Reimbursement other than per diem compensation or expenses such as a stipend; and [PL 2007, c. 623, §1 (NEW).] D. Total expenses related to the functioning of the board, if any, for each meeting or other activity of the board and the total received for the calendar year, including but not limited to: (1) Expenses related to facility rental costs; (2) Expenses related to refreshment costs for meetings or other activities; (3) Expenses related to holding public hearings; and (4) Other expenses not otherwise classified in this section. [PL 2007, c. 623, §1 (NEW).] [PL 2007, c. 623, §1 (NEW).]

7. Expenses. [PL 2007, c. 623, §1 (RP).]

7-A. Funding source for expenses. The funding source or sources for all expenses paid for the functioning of the board, including reimbursement to members incurred by the board; [PL 2007, c. 623, §1 (NEW).]

8. Vacancies. The number of vacancies on the board on December 31st and the term of each vacancy; and [PL 2007, c. 623, §1 (AMD).]

9. Activities of the board related to its mission. A brief summary of the activities related to accomplishing the mission of the board. [PL 2007, c. 623, §1 (NEW).]

The Secretary of State may not waive the requirements of this section. [RR 1993, c. 1, §15 (NEW).]
5 M.R.S. § 3007 — ME Code / Title 5 / Part 7 / Chapter 309 / Section 3007
5 §3007. Travel expenses of employees of other governments
Status: in_force

A receiving agency in this State may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this chapter during the period of such assignments on the same basis as if they were regular employees of the receiving agency. [PL 1967, c. 266 (NEW).]
5 M.R.S. § 13070-C — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-C
5 §13070-C. International Trade Director
Status: in_force

1. Appointment. The Governor shall appoint a full-time International Trade Director, subject to review by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and confirmation by the Legislature, who shall serve at the pleasure of the Governor. The director shall report to the commissioner in the execution of the director's responsibilities. [PL 1995, c. 648, §3 (NEW).]

2. Duties. The International Trade Director shall implement the State's policies with respect to development of international trade opportunities for the State's businesses and citizens. The director shall serve as the State's diplomat and shall advocate within the State and abroad on behalf of the State and the State's international community. The director shall serve as the president of the Maine International Trade Center upon confirmation by the center's Board of Directors of the Maine International Trade Center. The director shall oversee activities of the center and has the duties and responsibilities as provided in Title 10, chapter 107‑B . [PL 1995, c. 648, §3 (NEW).]
5 M.R.S. § 8006 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8006
5 §8006. Expenses of loan authority board (REALLOCATED TO TITLE 5, SECTION 15006)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15006)
5 M.R.S. § 9054 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9054
5 §9054. Public participation
Status: in_force

1. Intervention. On timely application made pursuant to agency rules, the agency conducting the proceedings shall allow any person showing that the person is or may be, or is a member of a class that is or may be, substantially and directly affected by the proceeding, or any other agency of federal, state or local government, to intervene as a party to the proceeding. [PL 2025, c. 390, Pt. A, §10 (AMD).]

2. Intervention; interested person. The agency may, by order, allow any other interested person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity. [PL 1977, c. 551, §3 (NEW).]

3. Participation limited or denied. When participation of any person is limited or denied, the agency shall include in the record an entry to that effect and the reasons therefor. [PL 1977, c. 551, §3 (NEW).]

4. Consolidation of presentations. Where appropriate, the agency may require consolidation of presentations of evidence and argument by members of a class entitled to intervene under subsection 1 , or by persons allowed to intervene under subsection 2 . [PL 1977, c. 551, §3 (NEW).]

5. Participation. The agency shall allow any of its staff to appear and participate in any adjudicatory proceeding. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 13070-J — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-J
5 §13070-J. Business disclosure associated with eligibility for public subsidies and incentives
Status: in_force

1. Definitions. As used in this article, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2001, c. 481, §2 (RP).] B. [PL 2017, c. 264, §8 (RP).] C. [PL 2017, c. 264, §8 (RP).] D. "Economic development incentive" means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State. [PL 2017, c. 264, §8 (AMD).] D-1. "Economic development investments" means commitments of state funds, dedicated revenue funds and tax expenditures as defined by section 1666 for research and development activities and economic development incentive programs. [PL 2017, c. 264, §8 (NEW).] E. "Economic development proposal" means proposed legislation that establishes a new program or that expands an existing program that: (1) Is intended to encourage significant business expansion or retention in the State; and (2) Contains a tax expenditure, as defined in section 1666 , or a budget expenditure with a cost that is estimated to exceed $100,000 per year. [PL 2015, c. 494, Pt. B, §1 (AMD).] F. "Research and development activities" means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds. [PL 2017, c. 264, §8 (NEW).] G. "State strategic economic improvement plan" means the long-term economic plan for the State's economy developed by the Maine Economic Growth Council pursuant to Title 10, section 929‑A, subsection 1 . [PL 2017, c. 264, §8 (NEW).] [PL 2017, c. 264, §8 (AMD).]

2. Disclosure. [PL 2017, c. 264, §9 (RP).]

2-A. Disclosure. The following provisions govern disclosure requirements. A. An applicant for an economic development incentive shall at a minimum identify in writing: (1) The public purpose that will be served by the business through use of the economic development incentive and the specific uses to which the benefits will be put; and (2) The goals of the business for the number, type and wage levels of jobs to be created or retained as a result of the economic development incentive received. Applications filed for economic development incentives are public records for purposes of Title 1, chapter 13 . [PL 2017, c. 264, §10 (NEW).] B. To assist the department in preparing the comprehensive evaluation of state investments in economic development pursuant to section 13070‑P, subsection 1 , a recipient of state funding for research and development activities or economic development incentives, including General Fund appropriations, dedicated revenue, tax expenditures as defined in section 1666 and general obligation bond proceeds for economic development, shall, in addition to any other reporting requirements required by law, collect, maintain and provide data as requested by the department. [PL 2017, c. 264, §10 (NEW).] [PL 2017, c. 264, §10 (NEW).]

3. Report. [PL 2009, c. 337, §5 (RP).]

4. Agency reports. The following agencies shall submit the following reports. A. [PL 2017, c. 475, Pt. A, §5 (RP).] B. The Commissioner of Labor shall report by October 1st annually to the Legislature and the department on the amount of public funds spent on workforce development and training programs directly benefiting businesses in the State. The report must identify the amount of economic development incentives under the jurisdiction of the Department of Labor received by each business and the public benefit resulting from those economic development incentives. [PL 2017, c. 264, §11 (AMD).] C. The Maine Community College System shall report by October 1st annually to the Legislature and the department on the amount of public funds spent on job training programs directly benefiting businesses in the State. The report must identify the amount of economic development incentives under the jurisdiction of the system received by each business and the public benefit resulting from those economic development incentives. [PL 2017, c. 264, §11 (AMD).] D. [PL 2009, c. 337, §5 (RP).] E. [PL 2009, c. 337, §5 (RP).] F. [PL 2009, c. 337, §5 (RP).] [PL 2017, c. 475, Pt. A, §5 (AMD).]

5. (REALLOCATED FROM T. 5, §13070-J, sub-§6) Rules. Rules adopted by the commissioner under this section are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2009, c. 337, §5 (AMD).]

6. (REALLOCATED TO T. 5, §13070-J, sub-§5) Rules. [PL 1997, c. 761, §2 (NEW); PL 1999, c. 790, Pt. A, §3 (RAL).]
5 M.R.S. § 17054 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17054
5 §17054. Legal process and assignment
Status: in_force

The right of a person to a retirement allowance, the retirement allowance itself, the refund of a person's accumulated contributions, any death benefit, any other right accrued or accruing to any person under this Part and the money in the various funds created by this Part may not be subject to execution, garnishment, attachment or any other process and shall be unassignable except that: [PL 1987, c. 739, §§4, 48 (AMD).]

1. Retirement allowance available for child support. A member's retirement allowance is available to satisfy any child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; [PL 1991, c. 184, §1 (AMD).]

2. Accumulated contributions available for child support. A member's accumulated contributions that are refundable under sections 17705‑A , 17706‑A , 18306‑A and 18307‑A are available to satisfy any child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; [PL 2011, c. 606, §8 (AMD).]

3. Recovery of overpayments by the retirement system. Any amounts due the retirement system as the result of overpayment or erroneous payment of benefits, an excess refund of contributions or overpayment or erroneous payment of life insurance benefits may be recovered from an individual's contributions, any benefits or life insurance benefits payable under this Part to the individual or the beneficiary of the individual or any combination of contributions and benefits. If the overpayment or excess refund of contributions resulted from a mistake of or incorrect information provided by an employee of the retirement system, or a mistake of the retiree or the recipient of the benefit or life insurance benefit, a penalty or interest may not be assessed by the retirement system. In all cases of recovery of overpayments through the reduction of a retirement benefit, whether with or without the assessment of interest by the retirement system, the recovery practices must be reasonable and consider the personal economic stability of the retiree in the establishment of the recovery schedule. The chief executive officer may also take action to recover those amounts due from any amounts payable to the individual by any other state agency or by an action in a court of competent jurisdiction. Whenever the chief executive officer makes a decision to recover any amounts under this subsection, other than by an action in a court of competent jurisdiction, that decision is subject to appeal under section 17451 . Employers are responsible for enrolling employees in the correct retirement plan. The retirement system shall provide training, education and information to assist employers in the correct enrollment of employees. If an employee is enrolled in the incorrect retirement plan by the employer through no fault of the employee, the employee may not lose any retirement benefits. The State is not responsible for the employer contribution when the employer is a school district, municipality or county and those contributions and assessed interest, if applicable, must be paid to the retirement system by the school district, municipality or county; [PL 2025, c. 221, §16 (AMD).]

4. Qualified domestic relations order. The rights of a member, retiree, beneficiary or other payee under this Part are subject to the rights of or assignment to an alternate payee under a qualified domestic relations order in accordance with section 17059 ; and [PL 2011, c. 606, §10 (AMD).]

5. Forfeiture and restitution. The rights and benefits of a member or retiree under this Part are subject to forfeiture or assignment to the member's spouse, dependent or former spouse in accordance with the provisions of Title 5, section 17062 . [PL 2011, c. 606, §11 (NEW).]
5 M.R.S. § 200-K — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-K
5 §200-K. Deadly Force Review Panel
Status: in_force

There is created, within the Office of the Attorney General, the Deadly Force Review Panel, referred to in this section as "the panel." The panel must, to the extent practicable, include members that reflect the diversity of Maine's racial, gender, indigenous and tribal demographics. [PL 2019, c. 435, §1 (NEW).]

1. Composition. The panel is composed of 15 members as follows: A. The Commissioner of Public Safety, ex officio; [PL 2019, c. 435, §1 (NEW).] B. The director of investigations for the Office of the Attorney General, ex officio; [PL 2019, c. 435, §1 (NEW).] C. The Director of the Maine Criminal Justice Academy, ex officio; [PL 2019, c. 435, §1 (NEW).] D. The Chief Medical Examiner, ex officio; [PL 2019, c. 435, §1 (NEW).] E. An attorney who represents plaintiffs in actions under 42 United States Code, Section 1983 appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] F. A municipal police chief appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] G. A county sheriff appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] H. A mental health professional appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] I. A representative of a statewide collective bargaining organization for law enforcement employees appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] J. A representative of a statewide civil rights organization whose primary mission is related to racial justice appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] K. An attorney who represents defendants in actions under 42 United States Code, Section 1983 appointed by the Attorney General; [PL 2019, c. 435, §1 (NEW).] L. A criminal prosecutor appointed by the Attorney General; and [PL 2019, c. 435, §1 (NEW).] M. Three citizens, each of whom is not and has never been a sworn law enforcement officer, appointed by the Attorney General. [PL 2019, c. 435, §1 (NEW).] [PL 2019, c. 435, §1 (NEW).]

2. Designees; terms of office. An ex officio member of the panel may appoint a designee to represent the ex officio member on the panel for one or more meetings. A designee, once appointed, qualifies as a full voting member of the panel and may hold office and enjoy all the other rights and privileges of full membership on the panel. The appointed members of the panel serve for a term of 3 years. Any vacancy on the panel must be filled in the same manner as the original appointment for the unexpired term. [PL 2019, c. 435, §1 (NEW).]

3. Meetings; officers. The Attorney General shall call the first meeting before January 1, 2020. The panel shall organize initially and annually thereafter by electing a chair and a vice‑chair from among its members. The vice‑chair shall also serve as secretary. The panel 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 panel determines and it shall meet at the call of the chair. [PL 2019, c. 435, §1 (NEW).]

4. Powers and duties. The panel shall examine deaths or serious injuries resulting from the use of deadly force by a law enforcement officer after the Attorney General has completed the investigation of the use of deadly force under section 200‑A . The purpose of such examinations is to identify whether there was compliance with accepted and best practices under the particular circumstances and whether the practices were sufficient for the particular circumstances or whether the practices require adjustment or improvement. The panel shall recommend methods of improving standards, including changes to statutes, rules, training, policies and procedures designed to ensure incorporation of best practices that demonstrate increased public safety and officer safety. [PL 2019, c. 435, §1 (NEW).]

5. Access to information and records. In any case subject to review by the panel, unless prohibited by federal law and notwithstanding any provision of law to the contrary, upon oral or written request of the panel, any person who possesses information or records that are necessary and relevant to a panel review shall as soon as practicable provide the panel with the information and records. Persons disclosing or providing information or records upon request of the panel are not criminally or civilly liable for disclosing or providing information or records in compliance with this subsection. The panel in its discretion may consult with content experts or other professionals and discuss necessary information or records within the scope of such consultations. [PL 2019, c. 435, §1 (NEW).]

6. Confidentiality. The proceedings of the panel are not public proceedings and the records of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The Legislature may inspect and review records covered by this subsection under conditions that protect the information from further disclosure. The Office of the Attorney General shall disclose conclusions of the panel but may not disclose information, records or data that are otherwise classified as confidential. [PL 2019, c. 435, §1 (NEW).]

7. Incident examination and annual reports. Within 30 days of the conclusion of the examination of the use of deadly force by a law enforcement officer under subsection 4, the panel shall submit a report on the panel's activities, conclusions and recommendations with regard to the incident to the joint standing committee of the Legislature having jurisdiction over judiciary matters. The panel shall submit a report by January 30, 2021, and annually thereafter, that summarizes the panel's meetings and the incidents of the use of deadly force by law enforcement officers that resulted in deaths or serious injuries that the panel examined in the preceding year. [PL 2019, c. 435, §1 (NEW).]

8. Attorney General's investigation. The Attorney General shall complete an investigation of and submit to the panel the findings regarding the use of deadly force pursuant to section 200‑A within 180 days of receiving notice of the use of deadly force by a law enforcement officer. If the Attorney General is unable to complete the investigation and submit the findings within 180 days, the Attorney General shall notify the panel prior to the expiration of the 180-day period. The Attorney General's notice to the panel under this subsection must provide a summary of the investigation up to the date of the notice, identify the reason for the delay and provide an anticipated conclusion date for the investigation and findings, which may not exceed 270 days from receiving notice of the use of deadly force. [PL 2021, c. 353, §1 (NEW).]

Revisor's Note: §200-K. Attorney General procedures and programs to eliminate profiling as enacted by PL 2019, c. 410, §1 is REALLOCATED TO TITLE 5, SECTION 200-L
5 M.R.S. § 4566-A — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4566-A
5 §4566-A. Certification and conformity with rules
Status: in_force

1. Certification of state law. The commission shall take all steps required under 29 Code of Federal Regulations, Part 36, Subpart F to request federal certification that the State's laws concerning accessibility and usability of places of public accommodation meet or exceed the minimum requirements of the federal Americans with Disabilities Act of 1990. These steps include issuing public notice of an intent to file, conducting a public hearing on record and preparing and filing with the United States Department of Justice the request for certification. If the commission determines that no significant portion of the law is certifiable, the commission may cease its attempts to obtain certification and shall report its determinations to the joint standing committee of the Legislature having jurisdiction over judiciary matters. The report must include recommendations on changes to the law as necessary to achieve certification of a significant portion of the law. [PL 1995, c. 393, §11 (NEW).]

2. Conformity of rules relating to special use areas. The commission shall amend its rules relating to accessibility of places of public accommodation to include standards contained in the regulations adopted pursuant to Titles I, II, and III of the Americans with Disabilities Act of 1990 and the federal Americans with Disabilities Act of 1990 Accessibility Guidelines, 29 Code of Federal Regulations, Part 36, Subpart F, relating to restaurants and cafeterias, medical care facilities, business and mercantile establishments, libraries, accessible transient lodging and other places of public accommodation, but only to the extent that those standards provide greater accessibility than any comparable standards contained in current state law or rules. [PL 1995, c. 393, §11 (NEW).]
5 M.R.S. § 17901 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17901
5 §17901. Definition
Status: in_force

As used in this article, unless the context otherwise indicates, "disabled" means mentally or physically incapacitated: [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Permanent. To the extent that it is impossible for a person to perform the duties of the person's employment position and the incapacity can be expected to be permanent; and [RR 2023, c. 2, Pt. B, §123 (COR).]

2. Revealed by examination. So that the incapacity will be revealed by medical examination or tests conducted in accordance with section 17903 . [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 781 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 781
5 §781. Code of Fair Practices and Affirmative Action
Status: in_force

The State of Maine is an equal opportunity employer and as such will require all its agencies to pursue in good faith affirmative action programs. [PL 1975, c. 153, §1 (NEW).]
5 M.R.S. § 22 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 22
5 §22. Right to provide testimony
Status: in_force

State employees have the right to represent themselves and testify before a legislative committee on their own time. State employees have the right to respond to any legislative inquiry. A state employee who complies with this chapter shall not be denied the right to testify before a legislative committee. [PL 1989, c. 483, Pt. A, §7 (AMD).]
5 M.R.S. § 17654 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17654
5 §17654. Cessation of membership
Status: in_force

A member ceases to be a member of the State Employee and Teacher Retirement Program if the member: [PL 2007, c. 491, §96 (AMD).]

1. Withdrawal. Withdraws accumulated contributions; [PL 1987, c. 739, §§10, 48 (AMD).]

2. Beneficiary. Becomes a beneficiary as a result of the member's own retirement; or [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Death. Dies. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 4685 — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4685
5 §4685. Short title
Status: in_force

This chapter may be known and cited as the "Maine Civil Rights Act." [PL 1991, c. 821, §3 (NEW).]
5 M.R.S. § 18051 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18051
5 §18051. Authorization
Status: in_force

The board, and only the board, may purchase for the retirement system, from one or more life insurance companies, a policy or policies of life insurance, as defined by Title 24‑A, section 702 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Procedure. Proposals for the purchase of insurance may be solicited from one or more insurance companies on a competitive basis or an existing policy or policies may be renegotiated. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Licensed company. Any policy or policies purchased shall be purchased from a company or companies licensed under the laws of this State. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 8 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 8
5 §8. Mileage allowance
Status: in_force

The State shall pay for the use of privately owned automobiles for travel by employees of the State in the business of the State such reimbursement as agreed to between the State and their certified or recognized bargaining agent. For employees and state officers and officials not subject to any such agreement, the State shall pay 36¢ per mile effective January 1, 2006, 38¢ per mile effective January 1, 2007, 40¢ per mile effective July 1, 2007, 42¢ per mile effective July 1, 2008, 44¢ per mile effective January 1, 2009 and effective July 1, 2021 the lower of the rate included in the bargaining agreement representing the most employees or the federal rate of reimbursement, for miles actually traveled on state business. The Governor may suspend the operation of this section and require state officials and employees to travel in automobiles owned or controlled by the State, if such automobiles are available. [PL 2021, c. 398, Pt. E, §1 (AMD).]
5 M.R.S. § 18651 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18651
5 §18651. Authorization
Status: in_force

The board, and only the board, may purchase for the retirement system, from one or more life insurance companies, a policy or policies of life insurance, as defined by Title 24-A, section 702 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Procedure. Proposals for the purchase of insurance may be solicited from one or more insurance companies on a competitive basis or an existing policy or policies may be renegotiated. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Licensed company. Any policy or policies purchased shall be purchased from a company or companies licensed under the laws of this State. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 90-C — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-C
5 §90-C. Voluntary filing system for designation of office for trustee process
Status: in_force

The Secretary of State shall establish and operate a central filing system to record and provide notice of offices designated by financial institutions authorized to do business in this State and credit unions authorized to do business in this State for service of trustee process under Title 14, section 2608‑A, subsection 1 . For this purpose, the Secretary of State may adopt rules, establish procedures and adopt a schedule of fees in conjunction with filing, registering, providing notices and other services performed by the Secretary of State in carrying out this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2003, c. 149, §2 (NEW).]
5 M.R.S. § 1511 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1511
5 §1511. Loan Insurance Reserve
Status: in_force

The State Controller may, at the close of each fiscal year, as the next priority after the transfers authorized pursuant to section 1507 , transfer from the unappropriated surplus of the General Fund to the Loan Insurance Reserve amounts as may be available from time to time, up to an amount of $1,000,000 per year after the transfers have been made pursuant to section 1507 . The balance of this reserve must be paid to the Finance Authority of Maine if such payment does not cause the balance in the reserve fund maintained by the authority, when added to amounts held in the Finance Authority of Maine Mortgage Insurance Fund that are not committed or encumbered for another purpose, to exceed $65,000,000. Any balance in the Loan Insurance Reserve is appropriated for this purpose. [PL 2025, c. 475, §1 (AMD).]
5 M.R.S. § 18806 — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18806
5 §18806. Alternative benefits
Status: in_force

The plan adopted under section 18801 may include benefits provided by this section. [PL 1989, c. 811, §3 (NEW).]

1. Districts with employees covered by the Social Security Act. A participating local district with employees covered by the United States Social Security Act may provide service retirement benefits for employees not covered by a special plan that equal 1% of the member's average final compensation multiplied by the number of years of membership service. The board shall establish by rule the rate at which members covered by this benefit shall contribute to the Participating Local District Retirement Program. [PL 2015, c. 385, §11 (AMD).]

2. Defined contribution plan. A participating local district may provide for the participation of its employees who are members of the Participating Local District Retirement Program under this chapter, in a defined contribution plan that is part of the consolidated plan provided by section 18801 . Employees who choose not to become members under section 18801, subsection 1, paragraph D may also participate in the defined contribution plan. [PL 2007, c. 491, §254 (AMD).]

3. Ancillary benefits. The plan must include disability benefits and death benefits for those employees who choose not to be members under section 18801, subsection 1, paragraph D and who participate in the defined contribution plan. [PL 1991, c. 300, §2 (NEW).]
5 M.R.S. § 1825-A — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-A
5 §1825-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 785, §2 (NEW).]

1. Aggrieved person. "Aggrieved person" means any person who bids on a contract or grant and who is adversely affected, financially, professionally or personally, by that contract or grant award decision. [PL 2015, c. 179, §1 (AMD).]

2. Approved equal. "Approved equal" means any goods or service other than specified in the bid proposal that in the opinion of the Chief Procurement Officer is equivalent in character, quality and performance to the goods or service specified in the bid proposal. [PL 2023, c. 516, Pt. B, §18 (AMD).]

3. Competitive bidding. "Competitive bidding" means the transmission of a written proposal or invitation to bid to at least 3 responsible suppliers that is to be replied to at a stated time. In obtaining competitive bids, if the Chief Procurement Officer finds that 3 responsible bidders are not available, the Chief Procurement Officer may make such exceptions to this subsection as are in the best interests of the State. [PL 2023, c. 516, Pt. B, §19 (AMD).]

4. In-state bidder. "In-state bidder" means a person or group of persons whose principal place of business, or a branch of whose business, is located in the State. [PL 1989, c. 785, §2 (NEW).]

5. Person. "Person" means any individual, business, corporation, association, firm, partnership or other organization, whether profit or nonprofit. [PL 1989, c. 785, §2 (NEW).]

6. Petitioner. "Petitioner" means any person who has requested a stay of a contract or grant award decision or a hearing of appeal. [PL 2015, c. 179, §1 (AMD).]

7. Significantly vary. "Significantly vary" means to change, modify, add to, subtract from, substitute or otherwise change a proposal or invitation to bid to an extent that may affect the price of goods or services requested. [PL 1989, c. 785, §2 (NEW).]

8. Stay. "Stay" means the temporary suspension of a contract or grant award pending an appeal under this subchapter. [PL 2015, c. 179, §1 (AMD).]
5 M.R.S. § 7082 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7082
5 §7082. Powers and duties of the State Civil Service Appeals Board
Status: in_force

The State Civil Service Appeals Board shall be an impartial board and: [PL 1985, c. 785, Pt. B, §38 (NEW).]

1. Administer subchapter. Shall administer this subchapter. In exercising its authority, the board may adopt policies and procedures to administer this subchapter. The appeals board shall employ, subject to the Civil Service Law, assistants as may be necessary to carry out this subchapter; [PL 1985, c. 785, Pt. B, §38 (NEW).]

2. Adopt rules. Shall adopt rules necessary to effectuate the purposes of this subchapter; [PL 1985, c. 785, Pt. B, §38 (NEW).]

3. Report. Shall report biennially to the Governor and Legislature facts and recommendations relating to the administration and needs of the board; [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Mediate grievances and disputes. May mediate the final settlement of all grievances and disputes between individual state employees, both classified and unclassified, and their respective state agencies. All complaints between a state employee and the state agency by which the state employee is employed must be made and heard in the manner provided by this chapter for the mediation and settlement of the complaints. During the procedure for settlement, an employee may be represented at each step by a designated representative. The decision of the appeals board is final and binding upon the state agency and state employees involved in the dispute and supersedes any prior action taken by the state agency with reference to the employment and working conditions of the employees. A. In the course of an investigation under this chapter, any member of the appeals board may subpoena and require the attendance of witnesses and the production thereby of books, papers, public records and other documentary evidence pertinent to that investigation. In the case of the refusal of a person to comply with a subpoena issued under this subsection or to testify to any matter regarding which that person may be lawfully interrogated, the Superior Court in any county on application of any one of the members of the board may issue an order requiring that person to comply with the subpoena and to testify. Any failure to obey the order of the court may be punished by the court as a contempt of the court; and [RR 2023, c. 2, Pt. B, §72 (COR).] [RR 2023, c. 2, Pt. B, §72 (COR).]

5. Hear appeals. May hear appeals in accordance with this subchapter. Except where otherwise provided by a governing bargaining agreement, any employee or appointing authority aggrieved by the determination of the State Human Resources Officer concerning the classification of positions, the allocation of new positions or the reallocation of existing positions in the classified service may appeal from the determination to the State Civil Service Appeals Board. The appeal must be made within 30 days after receipt of written notice of the determination from the officer. The employee or appointing authority, or the employee's or appointing authority's representative, must be afforded a public hearing before the appeals board. The appeals board shall examine and review the appeal and, upon the vote of at least 3 of its members, make changes in such classification, allocation or reallocation as may be just and equitable. Determinations of the appeals board must be transmitted to the State Budget Officer, the State Human Resources Officer and the employees and department heads affected by the determinations. A. Any classification of a position and any allocation or reallocation of a position made by the officer or the appeals board pursuant to this section becomes effective on the first day of the fiscal year following approval by the State Budget Officer and the appropriation of funds for the classification, except that the State Budget Officer may, if the State Budget Officer determines that sufficient funds exist, authorize an effective date prior to the first day of the ensuing fiscal year. [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] B. Any request for classification of positions, the allocation of new positions or the reallocation of existing positions in the classified service or the unclassified service must be processed by the officer and the officer's determination made within 25 days from the date of filing the request with the Bureau of Human Resources. Any employee or appointing authority that is a party to the request may appeal to the appeals board within 10 days after the expiration of the 25 days allotted for the process of the requests for hearing and review. The appeals board shall examine and review the appeal and make such changes as provided in this section. The appeals board's decision in the appeal must be given within 30 days after the hearing on the appeal has been concluded. [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] C. A hearing before the appeals board is an adjudicatory proceeding under the Maine Administrative Procedure Act, chapter 375 , and must be held in accordance with chapter 375, subchapter 4 . [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 7054-A — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7054-A
5 §7054-A. Access to register for ASPIRE-TANF participants
Status: in_force

In making referrals to a position on an open competitive basis in the classified service, preference must be given to ASPIRE‑TANF participants as set forth in this section. [PL 2023, c. 646, Pt. A, §6 (AMD).]

1. Eligibility. Candidates must be active participants of the ASPIRE‑TANF program, as defined in Title 22, chapter 1054‑A , or current recipients of Temporary Assistance for Needy Families who have completed the ASPIRE‑TANF program within the past year at the time an application for employment is filed with the Bureau of Human Resources in order to be eligible for preference under this section. Candidates shall make their status in the ASPIRE‑TANF program known to the State Human Resources Officer in a manner prescribed by the officer. Eligibility for preference continues for a period of one year after the date of application for employment and may be renewed at the end of one year at the request of the candidate if the candidate continues to meet the other eligibility criteria specified in this subsection. A candidate receives preference only if the candidate has earned a qualifying rating on all relevant examinations. [PL 2023, c. 646, Pt. A, §6 (AMD).]

2. Certification preference. Preference is limited to referral of the highest scoring ASPIRE‑TANF program participant as an additional candidate to be interviewed. If the normal certification procedure includes an eligible ASPIRE‑TANF program participant, further preferential certification may not be made. Preference under this section may not exclude a person who would be referred normally. [PL 2023, c. 646, Pt. A, §6 (AMD).]
5 M.R.S. § 1825-R — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-R
5 §1825-R. Determinations of noncompliance with code of conduct
Status: in_force

1. Relevant information. In making a determination of whether a violation of the code of conduct has occurred, the Chief Procurement Officer may take into account any factors, information, sources of information and materials determined reliable and relevant by the Chief Procurement Officer, as determined on a case-by-case basis. The Chief Procurement Officer has specific authority and discretion to employ an independent monitor to investigate a complaint. [PL 2023, c. 516, Pt. B, §38 (AMD).]

2. Determination by Chief Procurement Officer. The determination of whether a party subject to a complaint is in compliance with the code of conduct is solely that of the Chief Procurement Officer. [PL 2023, c. 516, Pt. B, §38 (AMD).]

3. Notice of determination. After rendering a determination under this section, the Chief Procurement Officer promptly shall inform the complainant and contractor in writing. [PL 2023, c. 516, Pt. B, §38 (AMD).]
5 M.R.S. § 13054 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13054
5 §13054. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Economic and Community Development. [PL 2003, c. 451, Pt. L, §1 (AMD).]

2. Department. "Department" means the Department of Economic and Community Development. [PL 2003, c. 451, Pt. L, §1 (AMD).]

2-A. Permit. "Permit" means a license, certificate, registration or other authorization required by a governmental agency for a business undertaking. "Permit" includes, but is not limited to, a permit by rule issued by the Department of Environmental Protection in accordance with Title 38, section 344, subsection 7 . [PL 1991, c. 826, §1 (NEW).]

3. State Development Office. "State Development Office" means the Department of Economic and Community Development. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]
5 M.R.S. § 17060 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17060
5 §17060. Life annuity or lump-sum payment in lieu of benefits awarded by qualified domestic relations order
Status: in_force

1. Annuity or lump sum. The board may by rule provide that, in lieu of paying an alternate payee the interest awarded by a qualified domestic relations order, the retirement system may pay the alternate payee an amount that is the actuarial equivalent of that interest in the form of: A. An annuity payable in equal monthly installments for the life of the alternate payee; or [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] B. A lump sum. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).] [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

2. Determination by retirement system. The determination of whether to pay an amount authorized by this section in lieu of the interest awarded by the qualified domestic relations order is within the exclusive discretion of the retirement system. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

3. Reduced payment to member, retiree or beneficiary. If the retirement system elects to pay the alternate payee pursuant to this section, the benefit payable by the retirement system to the member, retiree or beneficiary must be reduced by the interest in the benefit awarded to the alternate payee by the qualified domestic relations order. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]

4. Reliance on designation or selection. If the retirement system pays the alternate payee pursuant to this section, the retirement system is entitled to rely on a beneficiary designation or benefit option selection made or changed pursuant to its plan without regard to any domestic relations order. [PL 1991, c. 746, §9 (NEW); PL 1991, c. 746, §10 (AFF).]
5 M.R.S. § 18524 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18524
5 §18524. Qualification for benefit
Status: in_force

1. Qualification. Except as provided in subsection 2 , a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 15, before normal retirement age. A. [PL 1991, c. 887, §15 (RP).] B. [PL 1991, c. 887, §15 (RP).] [PL 1997, c. 384, §13 (AMD).]

2. Exception. A member with fewer than 5 years of creditable service preceding that member's last date of service is not eligible for a disability retirement benefit if the disability is the result of a physical or mental condition that existed before the member's membership in a retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment. [PL 2025, c. 221, §43 (AMD).]

3. Qualification of a disabled veteran. Subject to the provisions in subsections 1 and 2 , if a member applying for a disability retirement benefit is receiving disability compensation from the United States Department of Veterans Affairs for a service-connected disability based on a determination of individual unemployability pursuant to 38 Code of Federal Regulations, Section 4.16, it is presumed that the member is disabled under section 18521, subsection 1 . This presumption may be rebutted only by evidence not considered by the United States Department of Veterans Affairs in making the individual unemployability determination. Notwithstanding section 18522 , this subsection applies to any application for a disability retirement benefit made by a member on or after October 1, 2018. [PL 2017, c. 384, §2 (NEW).]
5 M.R.S. § 12004 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004
5 §12004. Classifications and definitions of boards
Status: in_force

Boards established or authorized by this chapter shall be classified according to the similarities of the powers and duties of the several boards. Members of boards shall be eligible for the rate of compensation specified for each board, except when compensation is not authorized. A reference to the statutory description of each board shall also be provided. For the purposes of sections 12004‑G to 12004‑J , the term "field" does not designate the state agency or department with which a board is associated or affiliated, but only refers to the generic subject matter before the board. [PL 1989, c. 503, Pt. A, §1 (RPR).]

The definitions of responsibilities and authority of each classification of boards may not necessarily apply in total to each board within each classification. Each board may possess some but not all of the responsibilities and authority as defined for the classification in which the board is included. The primary function of each board complies with the primary responsibilities and authority of the classification in which the board is included. [PL 1989, c. 503, Pt. A, §1 (RPR).]

1. Occupational and professional licensing boards. [PL 1987, c. 786, §4 (RP).]

2. Property assessment; valuation and appeals boards. [PL 1987, c. 786, §4 (RP).]

3. Labor or management arbitration and commodity arbitration. [PL 1987, c. 786, §4 (RP).]

4. Substantive regulatory boards; boards pursuant to federal law. [PL 1987, c. 786, §4 (RP).]

5. Environmental regulation and control. [PL 1987, c. 786, §4 (RP).]

6. Rate regulation. [PL 1987, c. 786, §4 (RP).]

7. Financing and administrative organization. [PL 1987, c. 786, §4 (RP).]

8. Policy-making boards for specific or limited purposes. [PL 1987, c. 786, §4 (RP).]

9. Commodity or product protection and promotion boards. [PL 1987, c. 786, §4 (RP).]

10. Advisory boards; boards with minimal authority. [PL 1987, c. 786, §4 (RP).]

11. Independent advisory boards. [PL 1987, c. 786, §4 (RP).]

12. Intergovernmental organizations. [PL 1987, c. 786, §4 (RP).]

13. Interagency organizations. [PL 1987, c. 786, §4 (RP).]
5 M.R.S. § 1705 — ME Code / Title 5 / Part 4 / Chapter 151-A / Section 1705
5 §1705. Legislative review of federal grant applications
Status: in_force

The director of a state agency shall submit, at the same time that a federal grant application is submitted to the Federal Government, a copy of each such application to the Director of Fiscal and Program Review. [PL 1985, c. 737, Pt. B, §10 (AMD).]
5 M.R.S. § 3360-M — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-M
5 §3360-M. Payment for forensic examinations for victims of sexual assault
Status: in_force

1. Payment. The board shall pay the costs of forensic examiner training as well as the costs of forensic examinations for victims of sexual assault from the Victims' Compensation Fund. The board shall track expenditures for forensic examinations separately from all other expenditures. Forensic examination payments are not subject to any other provision of this chapter. For the purposes of this section, "sexual assault" means any crime enumerated in Title 17‑A, chapter 11 . [PL 2025, c. 109, §1 (AMD).]

2. Forensic examination; forensic examiner training and education. The board shall determine by rule what a forensic examination may include for purposes of payment. An examination must include at least all services directly related to the gathering of forensic evidence and related testing and treatment for pregnancy and sexually transmitted diseases. The board shall pay a licensed hospital or licensed health care practitioner the actual cost of the forensic examination up to a maximum of $750. The cost of sexual assault forensic examiner training and education provided by the sexual assault forensic examiner program must be paid from the Victims' Compensation Fund in an amount that may not exceed $50,000 per year. [PL 2009, c. 79, §4 (AMD).]

3. Process for payment. A licensed hospital or licensed health care practitioner that performs forensic examinations for victims of sexual assault shall submit a bill to the Victims' Compensation Board directly for payment of the forensic examinations. The hospital or health care practitioner that performs a forensic examination shall take steps necessary to ensure the confidentiality of the victim's identity. The bill submitted by the hospital or health care practitioner may not identify the victim by name but must be assigned a tracking number assigned by the manufacturer of the forensic examination kit. The hospital or health care practitioner that performs the examination may not bill the victim or the victim's insurer, nonprofit hospital or medical service organization or health maintenance organization for payment of the examination. The victim is not required to report the offense to a law enforcement agency. [PL 2025, c. 109, §1 (AMD).]

4. Other reimbursement. The fact that forensic examinations are paid for separately through the Victims' Compensation Fund does not preclude victims of sexual assault from seeking reimbursement for expenses other than those for the forensic examination. A victim seeking reimbursement from the Victims' Compensation Fund for expenses other than the forensic examination is subject to all other provisions of this chapter. [PL 2025, c. 109, §1 (AMD).]

5. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 156, §1 (AMD).]
5 M.R.S. § 2030 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2030
5 §2030. Waiver of prohibitions; judicial branch
Status: in_force

The State Court Administrator under Title 4, section 15 , or the State Court Administrator's designee, may waive the prohibitions imposed in sections 2023 and 2024 as long as the waiver does not pose a national security risk or a risk to the security and safety of persons of the United States. [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 13063 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063
5 §13063. Business Ombudsman Program
Status: in_force

The director shall establish and implement pursuant to this section the Business Ombudsman Program, referred to in this section as "the program," and the director shall serve as the ombudsman for the program. The program is established to: resolve problems encountered by businesses dealing with other state agencies; facilitate responsiveness of State Government to small business needs; report to the commissioner and the Legislature on breakdowns in the economic delivery system, including problems encountered by businesses dealing with state agencies; assist businesses by referring businesses and persons to resources that provide the business services or assistance requested; provide comprehensive permit information and assistance; and serve as a central clearinghouse of information with respect to business assistance programs and services available in the State. [PL 2011, c. 304, Pt. C, §2 (AMD).]

1. Referral and central clearinghouse service. The ombudsman shall maintain and update annually a list of the business assistance programs and services and the names, locations, websites and telephone numbers of the organizations providing these programs and services that are available within the State. The ombudsman may publish a guide consisting of the business assistance programs and services available from public or private sector organizations throughout the State. This program must be designed to: A. Respond to written and oral requests for information about business services and assistance programs available throughout the State; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] B. Obtain and compile the most current and available information pertaining to business assistance programs and services within the State; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] C. Delineate the business assistance programs and services by type of program or service and by agency; and [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] D. Maintain a list, to be updated annually, of marketing programs of state agencies with a description of each program. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] [PL 2011, c. 304, Pt. C, §2 (AMD).]

2. Business fairness and responsiveness. The ombudsman shall implement a business fairness and responsiveness service designed to: A. Resolve problems encountered by businesses with other state agencies and with certified regional and local economic development organizations; [PL 2011, c. 304, Pt. C, §2 (AMD).] B. Coordinate programs and services for business among agencies and all levels of government; [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] C. Facilitate responsiveness of State Government to business needs; and [PL 2011, c. 304, Pt. C, §2 (AMD).] D. Report to the commissioner and the Legislature any breakdowns in the economic delivery system, including problems encountered by businesses dealing with state agencies. [PL 2011, c. 304, Pt. C, §2 (AMD).] [PL 2011, c. 304, Pt. C, §2 (AMD).]

3. Comprehensive permit information. The ombudsman shall develop and maintain a program to provide comprehensive information on permits required for business undertakings, projects and activities and to make that information available to any person. This program must function as follows. A. By December 15, 2011, each state agency required to review, approve or grant permits for business undertakings, projects and activities shall report to the office in a form prescribed by the office on each type of review, approval and permit administered by that state agency. Application forms, applicable agency rules and the estimated time period necessary for permit application consideration based on experience and statutory or regulatory requirements must accompany each state agency report. [PL 2011, c. 304, Pt. C, §2 (AMD).] B. Each state agency required to review, approve or grant permits for business undertakings, projects and activities, subsequent to its report pursuant to paragraph A , shall provide to the office, for information purposes only, a report of any new permit or modification of any existing permit together with applicable forms, rules and information required under subsections 1 and 2 regarding the new or modified permit. To ensure that the department's information is current, each agency shall report immediately to the office when a new permit is adopted or any existing permit is modified. "Permit," as used in this paragraph, refers to the categorical authorization required for an activity. "Permit" does not mean a permit issued to a particular individual or business. [PL 1991, c. 826, §2 (NEW).] C. The office shall prepare an information file on each state agency's permit requirements upon receipt of that state agency's reports and shall develop methods for that file's maintenance, revision, updating and ready access. [PL 1991, c. 826, §2 (NEW).] D. The office shall provide comprehensive permit information on the basis of the information received under this subsection. The office may prepare and distribute publications, guides and other materials explaining permit requirements affecting business and including requirements involving multiple permits or multiple state agencies that are based on the state agency reports and the information file for the convenience of permit applicants. [PL 1991, c. 826, §2 (NEW).] [PL 2011, c. 304, Pt. C, §2 (AMD).]

4. Permit assistance. By December 15, 2011, the ombudsman shall set up procedures to assist permit applicants who have encountered difficulties in obtaining timely and efficient permit review. These procedures must include the following. A. Any applicant for permits required for a business undertaking, project or activity must be allowed to confer with the office to obtain assistance in the prompt and efficient processing and review of applications. [PL 1991, c. 826, §2 (NEW).] B. The office shall, as far as possible, give assistance, and the ombudsman may designate an officer or employee of the office to act as an expediter with the purpose of: (1) Facilitating contacts for the applicant with state agencies responsible for processing and reviewing permit applications; (2) Arranging conferences to clarify the interest and requirements of any state agency with respect to permit applications; (3) Considering with state agencies the feasibility of consolidating hearings and data required of the applicant; (4) Assisting the applicant in the resolution of outstanding issues identified by state agencies, including delays experienced in permit review; and (5) Coordinating federal, state and local permit review actions to the extent practicable. [PL 2011, c. 304, Pt. C, §2 (AMD).] [PL 2011, c. 304, Pt. C, §2 (AMD).]

5. Retail business permitting program. The ombudsman shall establish and administer a central permitting program for all permits required by retail businesses selling directly to the final consumer, including, but not limited to, permits required for the operation of hotels and motels, convenience stores and eating establishments, and permits required for the sale of liquor or beer, tobacco, food, beverages, lottery tickets and gasoline. Permits issued by the Department of Environmental Protection, the Department of Marine Resources and the Maine Land Use Planning Commission are not included in this program. The ombudsman shall: A. Create a consolidated permit procedure that allows each business to check on a cover sheet all state permits for which it is applying and to receive all permit applications from a centralized office; [PL 1993, c. 430, §1 (NEW).] B. Total all permit fees due from a business, collect those fees on a semiannual basis, with 1/2 of the total fees due by January 1st and 1/2 of the total fees due by July 1st, and distribute the fees to the appropriate funds or permitting entities; [PL 1993, c. 430, §1 (NEW).] C. Forward a copy of the appropriate permit application to any commission, department, municipality or other agency that has responsibility for permitting that retail business; [PL 1993, c. 430, §1 (NEW).] D. Develop a tracking system to track permits issued by state agencies. This system must at a minimum include information on the applicant, agency involvement, time elapsed or expended on the permit and action taken; [PL 1993, c. 430, §1 (NEW).] E. Coordinate and supervise the permitting process to ensure that all involved state agencies process the applications and complete any necessary inspections in a timely fashion; and [PL 1993, c. 430, §1 (NEW).] F. Respond to inquiries from the business community and requests for information from the individual permitting entities, including reports on the status of an application. [PL 1993, c. 430, §1 (NEW).] A retail business is not required to participate in the retail business permitting program. An enforcement action taken against a retail business for a permit obtained through the retail business permitting program does not affect other permits issued to that same retail business through that program. [PL 2017, c. 322, §1 (AMD).]

6. Municipal permitting agents. By February 1, 2012, the ombudsman shall establish a municipal centralized permitting program. A. Upon application by the municipal officers of a municipality and upon evidence that the municipality meets all qualifications as determined by departmental rulemaking, the ombudsman shall appoint the municipality as a centralized permitting agent to provide all permits for retail businesses. Upon evidence that a municipality qualified to provide permits meets the qualifications for conducting the inspection associated with any of those permits as determined by departmental rulemaking, the ombudsman shall appoint that municipality as an agent to provide that inspection for retail businesses with less than 10,000 square feet of retail space. The ombudsman shall ensure that municipalities appointed as agents for purposes of inspection are qualified and capable of conducting those inspections in a manner that ensures compliance with all applicable public health and safety requirements. Retail businesses shall pay the municipality an additional fee of $4 for each permit included in the consolidated application up to a limit of $40. Municipalities may retain 1/2 of all fees collected for permits requiring inspection. The remaining 1/2 of those permit fees and all fees for permits not requiring inspection must be remitted to the department, which shall remit the fees to the issuing agency. A municipality with a population of less than 4,000 may contract with an appointed municipality for centralized permitting and inspection services. A retail business is not required to participate in the municipal central permitting program. [PL 2011, c. 304, Pt. C, §2 (AMD).] B. The ombudsman shall make permitting and inspection training programs available to a municipality seeking appointment or appointed as a central permitting agent. The municipality shall pay a fee of $25 for each person receiving permitting training and $100 for each person receiving inspection training. [PL 2011, c. 304, Pt. C, §2 (AMD).] C. A business that seeks to determine why it has not received its permits must be directed to the municipal office where the application was filed. That office shall bring the matter to the attention of the department, which shall contact the appropriate issuing agency. [PL 1993, c. 430, §1 (NEW).] D. A joint standing committee of the Legislature that recommends legislation that involves a new permit for retail businesses shall indicate in the legislation whether the permit is to be included in the municipal centralized permitting program. During a review under Title 3, chapter 35 of a permit issuing agency, the joint standing committee having responsibility for the review shall recommend whether any of the permits issued by that agency should be included in the municipal centralized permitting program. [PL 1995, c. 488, §3 (AMD).] The ombudsman may extend by rulemaking, but may not curtail, the department's centralized permitting program or the municipal centralized permitting program, except that the programs may not be extended to include additional issuing agencies. [PL 2011, c. 304, Pt. C, §2 (AMD).]

7. Goal and evaluation. It is the goal of the programs established in subsections 5 and 6 for retail businesses to obtain permits more quickly at no additional cost to the taxpayers of the State. The ombudsman shall devise and implement a program of data collection and analysis that allows a determination as to whether these goals have been met. This program must include the collection of benchmark data before the initiation of the programs and an enumeration of the number of municipalities participating in the program. By January 15, 2012 and every 2 years after that date, the ombudsman shall prepare and submit a report to the joint standing committee of the Legislature having jurisdiction over economic development matters regarding the effectiveness of the program and any recommendations as to why the retail business program and the municipal centralized permitting program should not be expanded to other sizes or types of businesses, to other issuing agencies and to smaller municipalities. The first report must contain an assessment of the levels of willingness of municipalities to participate in the programs established by this section. [PL 2011, c. 304, Pt. C, §2 (AMD).]

8. Report. By January 15, 2012 and at least annually thereafter, the ombudsman shall report to the Governor and the joint standing committee of the Legislature having jurisdiction over economic development matters about the program with any recommendations for changes in the statutes to improve the program and its delivery of services to businesses. The joint standing committee of the Legislature having jurisdiction over economic development matters may report out a bill relating to the program. [PL 2011, c. 304, Pt. C, §2 (NEW).]
5 M.R.S. § 108 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 108
5 §108. Change of clerk or registered agent by entity
Status: in_force

1. Change of information. A represented entity may change the information currently on file under section 105, subsection 1 by filing with the Secretary of State a statement of change signed on behalf of the entity that states: A. The name of the entity; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. The information that is to be in effect as a result of the filing of the statement of change. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Approval not needed. Except for a corporation formed under Title 13‑C , the interest holders or governors of a domestic entity need not approve the filing of: A. A statement of change under this section; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. A similar filing changing the clerk or registered agent or registered office of the entity in any other jurisdiction. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2009, c. 56, §2 (AMD).]

3. Consent. The appointment of a clerk or a registered agent pursuant to section 105, subsection 1 is an affirmation by the represented entity that the clerk or agent has consented to serve as such. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Effective on filing. A statement of change filed under this section takes effect on filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Amended filing. As an alternative to using the procedures in this section, a represented entity may change the information currently on file under section 105, subsection 1 by amending its most recent clerk or registered agent filing in the manner provided by the laws of this State other than this chapter for amending that filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 1817 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1817
5 §1817. Printing of laws
Status: in_force

When the Revisor of Statutes has prepared material for a revision of the entire statutes of the State, the revisor shall deliver the revision prepared for printing to the Chief Procurement Officer, who shall contract for the printing, binding and delivery to the State of a sufficient number of volumes to meet the needs of the State and for sale as provided. [PL 2023, c. 516, Pt. B, §13 (AMD).]
5 M.R.S. § 13120-B — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-B
5 §13120-B. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 703, §6 (NEW).]

1. Carrying costs. "Carrying costs" means reasonable costs incurred for the maintenance, protection and security of a speculative industrial building prior to occupancy, including, but not limited to, insurance, taxes and interest. [PL 2005, c. 425, §9 (AMD).]

2. Board of trustees. "Board of trustees" means the Maine Rural Development Authority Board of Trustees. [PL 2001, c. 703, §6 (NEW).]

3. Commercial. "Commercial" means related to or connected with the furtherance of a profit-making enterprise. [PL 2001, c. 703, §6 (NEW).]

4. Commercial facility. "Commercial facility" means real estate and improvements used principally for commercial purposes or suitable for commercial use. The term commercial facilities includes, but is not limited to: A. Offices and office buildings; [PL 2001, c. 703, §6 (NEW).] B. Manufacturing, processing, assembly and other industrial buildings and related improvements; [PL 2001, c. 703, §6 (NEW).] C. Property used in connection with commercial fishing and other marine-related industries; [PL 2001, c. 703, §6 (NEW).] D. Property used in connection with agricultural production, storage, processing, packing and transportation; [PL 2001, c. 703, §6 (NEW).] E. Warehouses, transportation and distribution facilities; [PL 2001, c. 703, §6 (NEW).] F. Service and repair facilities; [PL 2001, c. 703, §6 (NEW).] G. Retail establishments; and [PL 2001, c. 703, §6 (NEW).] H. Lodging, restaurant and entertainment facilities. [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]

5. Community industrial building. [PL 2005, c. 425, §10 (RP).]

6. Department. "Department" means the Department of Economic and Community Development. [PL 2001, c. 703, §6 (NEW).]

7. Lease. "Lease" means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. A lease may include an installment sales contract. [PL 2001, c. 703, §6 (NEW).]

8. Lessee. "Lessee" means a tenant under lease and may include an installment purchaser. [PL 2001, c. 703, §6 (NEW).]

9. Local development corporation. "Local development corporation" means any nonprofit organization created by a municipality that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13‑B or otherwise chartered by the State, which is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State. A majority vote of the municipal officers is sufficient to form a local development corporation, notwithstanding Title 13, chapter 81 . "Local development corporation" also means any nonprofit organization that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13‑B or otherwise chartered by the State, and is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State that applies for financial assistance for a project under this article, as long as that application is formally endorsed by a vote of the governing body of the municipality in which the project is to be located. "Local development corporation" also means a development authority under subchapter 3 that is acting under the authority of a memorandum of understanding with a municipality to carry out the authorized activities of a local development corporation under this subsection. [PL 2011, c. 148, §2 (AMD).]

10. Municipality. "Municipality" means any county, city or town in the State. [PL 2001, c. 703, §6 (NEW).]

11. Speculative industrial building. "Speculative industrial building" means a building of flexible design and suitable for commercial use, for which the construction or carrying costs or both are financed through this subchapter for the purpose of creating new jobs in a municipality resulting from the sale or lease of the building. [PL 2005, c. 425, §11 (NEW).]
5 M.R.S. § 10004 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10004
5 §10004. Action without hearing
Status: in_force

Notwithstanding the provisions of sections 10003 and 10051 , an agency may revoke, suspend or refuse to renew any license without proceedings in conformity with subchapters IV or VI , when: [PL 1977, c. 694, §38 (RPR).]

1. Judicial action. The decision to take that action rests solely upon a finding or conviction in court of any violation which by statute is expressly made grounds for revocation; [PL 1977, c. 694, §38 (NEW).]

2. Reciprocal license. The Maine license has been issued upon the basis of a reciprocal agreement with another government, and the Maine action is based upon evidence, in the form of a certified copy, that the authority issuing the license which provided the basis for reciprocal licensing in Maine has revoked or suspended their license; [PL 1977, c. 694, §38 (NEW).]

3. Health or safety hazard. The health or physical safety of a person or the continued well-being of a significant natural resource is in immediate jeopardy at the time of the agency's action, and acting in accordance with subchapter 4 or 6 would fail to adequately respond to a known risk, as long as the revocation, suspension or refusal to renew does not continue for more than 30 days, except as provided in Title 22, section 804 and subject to review under Title 22, section 804, subsection 3 ; [PL 2021, c. 349, §1 (AMD).]

4. Certified inspector. The action is based solely upon the physical test, examination or inspection by a state-certified inspector of any product, animal, material or equipment, from which the agency concludes that action in accordance with subchapter IV or VI would not adequately protect public health or safety, provided that action under this subsection shall not be effective for a period of more than 30 days. [PL 1977, c. 694, §38 (NEW).]

4-A. Gambling. The action is based on a violation of laws or rules at gambling facilities that are cited by the Department of Public Safety, Gambling Control Board, established pursuant to Title 8, chapter 31 , or the Gambling Control Board or its designees determine that acting in accordance with subchapters 4 and 6 would fail to serve the public interest; however, the suspension, revocation or refusal to renew may not continue for more than 30 days. [PL 2003, c. 687, Pt. A, §1 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]

5. Rules of sportsmanship. In the course of any professional sporting event directly regulated by an agency, the agency determines that a licensee has: A. Engaged in physical contact that is prohibited by the rules of the sport with another contestant or official immediately before, during or immediately after the regulated sporting event; [PL 2017, c. 475, Pt. C, §2 (AMD).] B. Engaged in a use or administration of drugs that is prohibited by the rules of the sport; [PL 2017, c. 475, Pt. C, §2 (AMD).] C. Failed to disclose to proper authorities or officials a known medical or mental condition of a contestant that was required to be disclosed or that could affect the public health and safety; or [PL 2017, c. 475, Pt. C, §2 (AMD).] D. Failed to fulfill contracts or obligations to make payments to contestants and officials for their participation in professional athletic events. [PL 2017, c. 475, Pt. C, §2 (AMD).] The revocation, suspension or refusal to renew a license for a violation described in this subsection may not continue for more than 30 days; or [PL 2017, c. 475, Pt. C, §2 (AMD).]

6. Horse racing. Violations of rules which occur at race tracks and cited by a commission, or its licensed designee, if acting in accordance with subchapters IV and VI would fail to immediately remedy the needs of the sport; provided that the revocation, suspension or refusal to renew shall not continue for more than 30 days. [PL 1977, c. 694, §38 (NEW).]
5 M.R.S. § 17709-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17709-B
5 §17709-B. Inland fisheries and wildlife officers; contributions on and after July 1, 1993
Status: in_force

Notwithstanding sections 17709 and 17709‑A , on and after July 1, 1993 a law enforcement officer in the Department of Inland Fisheries and Wildlife who is subject to section 17709 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the contributions required under section 17709 . [PL 2007, c. 491, §122 (AMD).]
5 M.R.S. § 473 — ME Code / Title 5 / Part 1 / Chapter 20 / Section 473
5 §473. Eligibility
Status: in_force

To be eligible to participate in the program, a student must: [PL 2005, c. 656, §1 (NEW).]

1. College. Have completed at least 2 years of college or have graduated from college within the past year; and [PL 2005, c. 656, §1 (NEW).]

2. Residence. Be a state resident or attend a college in the State. [PL 2005, c. 656, §1 (NEW).]
5 M.R.S. § 1819 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1819
5 §1819. Unlawful purchases
Status: in_force

Whenever any department or agency of the State, pursuant to chapters 141 to 154 and this chapter and rules and regulations adopted under those chapters and this chapter applying to the purchase of services, supplies, materials or equipment through the Chief Procurement Officer, contracts for the purchase of such services, supplies, materials or equipment contrary to chapters 141 to 154 and this chapter or the rules and regulations adopted under those chapters and this chapter, that contract is void and has no effect. If any such department or agency purchases any services, supplies, materials or equipment contrary to chapters 141 to 154 and this chapter or rules and regulations adopted under those chapters and this chapter, the head of that department or agency is personally liable for the costs thereof, and if the services, supplies, materials or equipment are so unlawfully purchased and paid for out of state money, the amount thereof may be recovered in the name of the State in an appropriate action instituted therefor. [PL 2023, c. 516, Pt. B, §15 (AMD).]
5 M.R.S. § 17705-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17705-A
5 §17705-A. Refund of accumulated contributions
Status: in_force

1. Conditions for refund. If the service of any member has terminated, except by death or by retirement under this Part, the member must be paid the amount of the member's accumulated contributions under the following conditions: A. The member must have properly applied for a refund of accumulated contributions; [PL 2007, c. 137, §11 (NEW).] B. Payment must be made after termination of service and not more than 60 days after receipt of the application and receipt of the last payroll upon which the name of the member appears; [PL 2025, c. 221, §18 (AMD).] C. An application for refund is void if the member filing the application returns to membership in any retirement program administered by the retirement system before issuance of the payment; [PL 2007, c. 491, §112 (AMD).] D. Except when inclusion of a portion of employer contributions is required by paragraph E , only accumulated contributions made by the member or picked up by the employer may be refunded to that member under this subsection; and [PL 2007, c. 137, §11 (NEW).] E. The amount of the refund of accumulated contributions related to a member's compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must be at least equal to 7.5% of the member's compensation for that service plus interest as provided by section 17156 . [PL 2007, c. 137, §11 (NEW).] [PL 2025, c. 221, §18 (AMD).]
5 M.R.S. § 13120-M — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-M
5 §13120-M. Disclosure and confidentiality of records
Status: in_force

1. Disclosure required. Notwithstanding subsections 2 and 3 , the following must be made available to any person upon request reasonably describing the records to which access is sought or, if no request is made, in any manner and at any time that the authority may determine: A. After filing of a written application or proposal for financial assistance, investment or property transfer, in a form specified by or acceptable to the authority: (1) Names of recipients of or applicants for financial assistance or investment, including principals, where applicable; (2) Amounts, types and general terms of financial assistance or investment provided to those recipients or requested by those applicants; (3) Descriptions of projects and businesses that are benefiting or that will benefit from the financial assistance or investment; (4) Names of transferors or transferees, including principals, of property to or from the authority, the general terms of transfer and the purposes for which transferred property will be used; (5) The number of jobs and the amount of tax revenues projected or resulting in connection with a project; and (6) Names of financial institutions participating in providing financial assistance or investment and the general terms of that financial assistance or investment; [PL 2001, c. 703, §6 (NEW).] B. Any information pursuant to waiver considered satisfactory by the authority; [PL 2001, c. 703, §6 (NEW).] C. Information that, as determined by the authority, has already been made available to the public; and [PL 2001, c. 703, §6 (NEW).] D. Information necessary to comply with Title 1, section 407, subsection 1 . [PL 2001, c. 703, §6 (NEW).] Information or records specified in a written request signed by the cochairs of a legislative committee must be provided to the legislative committee. The information or records may be used only for the lawful purposes of the committee and in any action arising out of any investigation conducted by it. [PL 2001, c. 703, §6 (NEW).]

2. Confidential information. The following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A : A. A record obtained or developed by the authority in advance of the receipt of a formal written application or proposal, in a form specified by or acceptable to the authority, for financial assistance or investment to be provided by or with the assistance of the authority or in connection with a transfer of property to or from the authority. After receipt by the authority of the application or proposal, a record pertaining to the application or proposal is not confidential unless it meets the requirements of paragraphs B to G ; [PL 2001, c. 703, §6 (NEW).] B. A record obtained or developed by the authority that fulfills the following requirements: (1) A person, including the authority, to whom the record belongs or pertains has requested that the record be designated confidential; and (2) The authority has determined that the record contains proprietary information or commercial or financial information, the release of which could be competitively harmful to the submitter of the information or that would result in loss of business or other significant detriment to any person, including the authority, to whom the record belongs or pertains; [PL 2001, c. 703, §6 (NEW).] C. A financial statement or tax return of an individual or any other record obtained or developed by the authority, the disclosure of which would constitute an invasion of personal privacy, as determined by the authority; [PL 2001, c. 703, §6 (NEW).] D. A record that includes a financial statement or tax return obtained or developed by the authority in connection with any monitoring or servicing activity by the authority, pertaining to any financial assistance or investment provided or to be provided by or with the assistance of the authority; [PL 2001, c. 703, §6 (NEW).] E. A record obtained or developed by the authority that contains an assessment by a person who is not employed by the authority of the credit worthiness or financial condition of any person or project; [PL 2001, c. 703, §6 (NEW).] F. A financial statement or business and marketing plan in connection with any project receiving or to receive financial assistance or investment from the authority, if a person to whom the statement or plan belongs or pertains has requested that the record be designated confidential; and [PL 2001, c. 703, §6 (NEW).] G. A record that includes any financial statement, business plan or tax return obtained or developed by the authority in connection with the marketing of its property and the identification and qualification of potential investors. [PL 2001, c. 703, §6 (NEW).] For purposes of this section, an application by a potential investor is not an application for financial assistance or solicitation of investment. [PL 2001, c. 703, §6 (NEW).]

3. Wrongful disclosure prohibited. A member of the board of trustees, officer, employee, agent, other representative of the authority or other person may not knowingly divulge or disclose records declared confidential by this section, except that the authority may, in its discretion, make or authorize any disclosure of information of the following types: A. Impersonal, statistical or general information; [PL 2001, c. 703, §6 (NEW).] B. Information necessary in connection with processing an application for obtaining or maintaining an investment or financial assistance for a person or in connection with acquiring, maintaining or disposing of property; [PL 2001, c. 703, §6 (NEW).] C. Information disclosed to a financial institution or credit reporting service; [PL 2001, c. 703, §6 (NEW).] D. Information necessary to comply with a federal or state law or rule or with an agreement pertaining to financial assistance or investment; [PL 2001, c. 703, §6 (NEW).] E. Information to the extent the authority determines the disclosure necessary to the sale or transfer of revenue obligation securities; [PL 2001, c. 703, §6 (NEW).] F. Information necessary to ensure collection of an obligation in which the authority has or may have an interest; [PL 2001, c. 703, §6 (NEW).] G. Information obtained from records declared confidential by this section for introduction for the record in litigation or a proceeding in which the board has appeared; or [PL 2001, c. 703, §6 (NEW).] H. Information pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as the order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as the order appears on its face or otherwise to have been issued or made upon lawful authority. [PL 2001, c. 703, §6 (NEW).] [PL 2001, c. 703, §6 (NEW).]

4. Records on effective date. Whether a record in the possession of the authority on the effective date of this section is confidential must be determined pursuant to this section and not pursuant to the law in effect when the authority or any of its predecessors obtained the record and the record may be disclosed or divulged to the extent required or permitted by this section. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 18257 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18257
5 §18257. Cessation of membership
Status: in_force

A member ceases to be a member of the Participating Local District Retirement Program if the member: [PL 2007, c. 491, §209 (AMD).]

1. Withdrawal. Withdraws accumulated contributions; [PL 1987, c. 739, §§31, 48 (AMD).]

2. Beneficiary. Becomes a beneficiary as a result of the member's own retirement; or [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Death. Dies. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 2048 — ME Code / Title 5 / Part 4 / Chapter 168 / Section 2048
5 §2048. Annual reporting
Status: in_force

Beginning January 2021, and annually thereafter, the Department of Health and Human Services, or other state agency designated to oversee the program pursuant to this chapter, shall report to the joint standing committee of the Legislature having jurisdiction over health coverage and prescription drugs regarding the implementation and operation of the program during the previous calendar year, including: [PL 2021, c. 293, Pt. A, §6 (NEW).]

1. Prescription drugs included. The prescription drugs included in the program; [PL 2021, c. 293, Pt. A, §6 (NEW).]

2. Participation. The number of participating pharmacies, health care providers and health insurance carriers; [PL 2021, c. 293, Pt. A, §6 (NEW).]

3. Prescriptions dispensed. The number of prescription drugs dispensed through the program; [PL 2021, c. 293, Pt. A, §6 (NEW).]

4. Estimated savings. The estimated cost savings to consumers, health insurance carriers, employers and the State during the previous calendar year and to date; [PL 2021, c. 293, Pt. A, §6 (NEW).]

5. Audit findings. Information regarding implementation of the audit work plan and audit findings; and [PL 2021, c. 293, Pt. A, §6 (NEW).]

6. Other relevant information. Any other information the Department of Health and Human Services, or other state agency designated to oversee the program pursuant to this chapter, considers relevant. [PL 2021, c. 293, Pt. A, §6 (NEW).]
5 M.R.S. § 2030-C — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2030-C
5 §2030-C. Rules
Status: in_force

The department may adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 19252 — ME Code / Title 5 / Part 23 / Chapter 502 / Section 19252
5 §19252. Authorization for expenditure of funds
Status: in_force

The bureau may make grants to community-based AIDS organizations or fiscal agents for the purposes of maintaining a statewide network of volunteer organizations that are members of a statewide AIDS alliance and supporting the work of those organizations. [PL 1989, c. 501, Pt. P, §20 (NEW).]

1. Grants. Grants shall be made according to rules adopted by the bureau. In order to be eligible for a grant, the applicant must match state funds, in a percentage to be determined by the bureau, from community contributions of cash or contributions in kind. [PL 1989, c. 501, Pt. P, §20 (NEW).]

2. Award of grants. Grants awarded shall be based on submission to the bureau of an annual plan which includes, but is not limited to, community education, materials and ongoing operations of the organization. [PL 1989, c. 501, Pt. P, §20 (NEW).]

3. Distribution of grants. Grants shall be awarded to support existing community-based AIDS organizations and to assist the establishment of new community-based AIDS organizations. The bureau shall award the first grant no later than October 1, 1989. [PL 1989, c. 501, Pt. P, §20 (NEW).]

4. Consultation with statewide AIDS alliance. The bureau shall seek the advice of a statewide AIDS alliance regarding the distribution of grants before any grants are awarded. [PL 1989, c. 501, Pt. P, §20 (NEW).]
5 M.R.S. § 18510 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18510
5 §18510. Optional election
Status: in_force

1. Election. A beneficiary entitled to a disability retirement benefit under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by this article instead of the law applicable to the disability retirement benefit that the beneficiary is receiving. [RR 2023, c. 2, Pt. B, §154 (COR).]

2. Manner of election. The election under subsection 1 must be made by written application to the chief executive officer within 6 months after adoption of this article by the participating local district. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]

3. Effect of election. If the election under subsection 1 is made, this article shall apply from the date of the beneficiary's original eligibility for disability retirement, but any increases in benefits may only be granted from the date of election. [PL 1985, c. 801, §§5, 7 (NEW).]