5 M.R.S. § 18253 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18253
5 §18253. Employment changes affecting membership
Status: in_force

1. Reemployment with new employer. Membership of a member who is reemployed with a new employer is governed as follows. A. Any member of the State Employee and Teacher Retirement Program or the Participating Local District Retirement Program whose service is terminated as a state employee, teacher or participating local district employee and who becomes employed as a state employee, teacher or participating local district employee with a new employer shall, if the member has not previously withdrawn the member's accumulated contributions: (1) Have the membership transferred to the member's account with the new employer; and (2) Be entitled to all benefits that: (a) Are based on creditable service and earnable compensation with the previous employer and the provisions of this Part in effect with respect to the previous employer at the date of termination of service by the member; and (b) Do not require additional contributions by the new employer. [PL 2007, c. 491, §199 (AMD).] B. The new employer may elect to include the creditable service and earnable compensation of the member with the previous employer with the creditable service and earnable compensation with the new employer. If that election is made, the new employer shall make, from time to time, whatever contributions are necessary to provide the benefits under the applicable retirement program for the member that have accrued to the member by reason of the member's previous employment and that may accrue to the member by reason of the member's new employment. [PL 2007, c. 491, §200 (AMD).] C. If the new employer makes the election provided under paragraph B , or the member makes the election provided under paragraph E , all funds in the applicable retirement program contributed by the member's former employer on account of the member's previous employment must be transferred to the account of the new employer and must be used to liquidate the liability incurred by reason of the previous employment. [PL 2007, c. 542, §3 (AMD).] D. For the purposes of this subsection, an employee of the Maine Public Employees Retirement System who is a member on January 1, 1994 is considered to be reemployed with a new employer. If an employee returns to state service during the period that begins on July 1, 1995 and ends 180 days after the date upon which the initial collective bargaining agreement between the Maine Public Employees Retirement System and the collective bargaining agent that represents the employees of the system becomes effective, all funds transferred to the account of the Maine Public Employees Retirement System as the new employer on behalf of the employee from the State's account must be returned to the State's account. For the purpose of service, breaks in service and benefit accruals, the employee must be treated as if the employee had remained in state service throughout the period in question. For purposes of this paragraph, "becomes effective" means that the collective bargaining agreement has been signed and ratified by both parties. [PL 2015, c. 385, §10 (AMD).] E. Notwithstanding paragraph A, a member of the Maine Public Employees Retirement System who is a law enforcement officer as defined in Title 25, section 2801‑A, subsection 5 , or a municipal firefighter as defined in section 286‑M , whose previous membership was based upon employment as a law enforcement officer, a state firefighter or a municipal firefighter, and whose service retirement benefits are not otherwise governed by section 18801, subsection 1 , paragraph A , subparagraph 2 may elect to make the contribution necessary to include all or part of the member's creditable service and earnable compensation from the prior plan in the new plan. The retirement system shall establish procedures for determining the contribution necessary for such a member to carry forward all or part of the creditable service and earnable compensation from a prior plan or plans. For purposes of this paragraph, "state firefighter" means a person employed by the State with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel as defined in section 286‑M, subsection 2, paragraph H . [PL 2007, c. 542, §4 (AMD).] [PL 2015, c. 385, §10 (AMD).]

2. Purchase of previously rendered creditable service. Notwithstanding any law to the contrary, a member of a participating local district who has served in any participating local district or in any local district, and who did not make an election to decline membership while employed with that district, may purchase, by mutual agreement between the participating local district and the person concerned, service credit for the service previously rendered, upon proper certification that: A. The service had been rendered; and [PL 1985, c. 801, §§5, 7 (NEW).] B. The current employer will assume the liability incurred by the granting of the service credit for the previous time served. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2011, c. 449, §16 (AMD).]

3. Former employee. Notwithstanding anything to the contrary, a participating local district may grant service credit for creditable service to any former employee who is currently a member of the Participating Local District Retirement Program, as long as the former employee did not make an election to decline membership while employed with that district. The entire actuarial cost of granting the service credit must be fully funded by the district granting the service credit. [PL 2011, c. 449, §17 (AMD).]
5 M.R.S. § 12024 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12024
5 §12024. Proposed quasi-independent state entities
Status: in_force

A joint standing committee of the Legislature that considers proposed legislation establishing a quasi-independent state entity after January 1, 2013 shall: [PL 2011, c. 616, Pt. A, §1 (NEW).]

1. Additions to reporting entities. Evaluate whether the proposed quasi-independent state entity should be added to the list of reporting entities in section 12021, subsection 6 . The joint standing committee shall consider: A. Whether the governmental purpose for which the proposed quasi-independent state entity is being established is funded with revenues that are derived, in whole or part, from federal or state taxes or fees; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. Whether the powers and duties of the proposed quasi-independent state entity are more than advisory as described in section 12004‑I ; [PL 2011, c. 616, Pt. A, §1 (NEW).] C. Whether the proposed quasi-independent state entity's organizational and accountability structure allows the quasi-independent state entity to make significant policy and financial decisions independent of the Legislature and executive branch; [PL 2011, c. 616, Pt. A, §1 (NEW).] D. Whether the proposed quasi-independent state entity is considered a component unit of State Government for financial reporting purposes under the standards and pronouncements issued by a governmental accounting standards board or for any purposes under Part 4 ; and [PL 2011, c. 616, Pt. A, §1 (NEW).] E. Whether the proposed quasi-independent state entity will be subject to review under the State Government Evaluation Act. [PL 2011, c. 616, Pt. A, §1 (NEW).] If the committee determines that the proposed quasi-independent state entity should be added to the list of reporting entities under section 12021, subsection 6 , the committee shall include that determination in any report on the legislation; and [PL 2011, c. 616, Pt. A, §1 (NEW).]

2. Legislative standards. Ensure that proposed legislation that establishes a new quasi-independent state entity: A. Provides, if applicable, for staggered terms of office for members of the governing body, with terms not to exceed 5 years; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. Requires that the governing body must be responsible for: (1) Appointment, performance review and termination of the managing director; (2) Establishing and ensuring compliance with organizational policies and procedures, including those required by section 12022 ; and (3) Ensuring adherence to all requirements of this chapter; [PL 2011, c. 616, Pt. A, §1 (NEW).] C. Specifies qualifications required or desired of the managing director; [PL 2011, c. 616, Pt. A, §1 (NEW).] D. Provides conditions under which members of the governing body and the managing director may be removed from office and establishes the process for removal; [PL 2011, c. 616, Pt. A, §1 (NEW).] E. Identifies the joint standing committee of the Legislature with oversight over the entity and any matters that must be reviewed by that committee; and [PL 2011, c. 616, Pt. A, §1 (NEW).] F. Contains audit and reporting requirements. [PL 2011, c. 616, Pt. A, §1 (NEW).] [PL 2011, c. 616, Pt. A, §1 (NEW).]
5 M.R.S. § 18254-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18254-A
5 §18254-A. Effect of district's resumption of participation after withdrawal
Status: in_force

The board may establish by rule the effect on employees of a local district that resumes participation in the Participating Local District Retirement Program after having withdrawn from participation. [PL 2007, c. 491, §207 (AMD).]
5 M.R.S. § 13063-J — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-J
5 §13063-J. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 471, Pt. A, §7 (NEW).]

1. Community-based organization. "Community-based organization" means a nonprofit organization that has: A. A viable plan for providing training and technical assistance to microenterprises; [PL 2001, c. 471, Pt. A, §7 (NEW).] B. Broad-based community support; [PL 2001, c. 471, Pt. A, §7 (NEW).] C. An adequate source of operating capital; and [PL 2001, c. 471, Pt. A, §7 (NEW).] D. A demonstrated need for funding to provide training and technical assistance to microenterprises. [PL 2001, c. 471, Pt. A, §7 (NEW).] [PL 2001, c. 471, Pt. A, §7 (NEW).]

2. Fund. "Fund" means the Maine Microenterprise Initiative Fund established in section 13063‑K . [PL 2001, c. 471, Pt. A, §7 (NEW).]

3. Microenterprise. "Microenterprise" means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. [PL 2001, c. 471, Pt. A, §7 (NEW).]
5 M.R.S. § 8013 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8013
5 §8013. Safeguarding the fund (REALLOCATED TO TITLE 5, SECTION 15013)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15013)
5 M.R.S. § 945 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 945
5 §945. Department of Marine Resources
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Marine Resources. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Deputy Commissioner; [PL 2005, c. 519, Pt. S, §1 (AMD).] B. Chief, Bureau of Marine Patrol; [PL 1995, c. 395, Pt. E, §1 (AMD).] C. [PL 1985, c. 481, Pt. A, §10 (RP).] D. Assistant to the Commissioner for Public Information; [PL 1995, c. 395, Pt. E, §2 (AMD).] E. [PL 2007, c. 1, Pt. E, §1 (RP).] F. [PL 2013, c. 368, Pt. CCC, §1 (RP).] G. Director, External Affairs; and [PL 2013, c. 368, Pt. CCC, §2 (AMD).] H. Assistant to the Commissioner for Communications. [PL 2013, c. 368, Pt. CCC, §3 (NEW).] [PL 2013, c. 368, Pt. CCC, §§1-3 (AMD).]
5 M.R.S. § 201 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 201
5 §201. Attendance of witnesses; recognizances
Status: in_force

When a criminal prosecution in which the Attorney General appears is continued, the Attorney General shall cause the witnesses on behalf of the State to recognize to appear at the next term, unless otherwise directed by the court, and may procure the attendance of a witness living out of the State determined by the Attorney General to be material in procuring an indictment or conviction. The court shall allow the witness a reasonable compensation beyond the witness's legal fees. [PL 2025, c. 390, Pt. A, §6 (AMD).]
5 M.R.S. § 17201 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17201
5 §17201. Establishment
Status: in_force

The Members' Contribution Fund is established and it shall contain accumulated contributions deducted from the compensation of members. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13080-U — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-U
5 §13080-U. Maine State Film Office (REALLOCATED TO TITLE 5, SECTION 13090-I)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 13090-I)
5 M.R.S. § 7029 — ME Code / Title 5 / Part 17 / Chapter 371-A / Section 7029
5 §7029. Commission established
Status: in_force

The Permanent Commission on the Status of Women, established by section 12004-I, subsection 88-A and referred to in this chapter as "the commission," is an independent commission. The commission shall promote, carry out and coordinate programs designed to improve opportunities for women in the State. [PL 2009, c. 191, §1 (NEW).]
5 M.R.S. § 1584 — ME Code / Title 5 / Part 4 / Chapter 145 / Section 1584
5 §1584. Construction and improvement appropriations carried over
Status: in_force

All appropriations by the Legislature for the construction of buildings, structures, highways and bridges shall constitute continuous carrying accounts for the purposes designated by the Legislature in such appropriations. The State Controller is authorized to carry forward all such appropriations to the succeeding fiscal year, provided the construction shall have been begun by the letting of a contract or contracts or by actually starting the work during the year for which the appropriations were made. Any balance remaining after the completion of the object of the appropriations shall revert to the General Fund in the State Treasury or to the fund from which it was apportioned under existing provisions of law.
5 M.R.S. § 326 — ME Code / Title 5 / Part 1 / Chapter 15-A / Section 326
5 §326. Contributions to Blaine House
Status: in_force

The commission may accept gifts, bequests, loans of artifacts and federal funds for purposes consistent with the objectives of this chapter. These gifts, bequests, loans of artifacts and federal funds must be used solely to carry out the purposes for which they were intended. Gifts may include furnishings, other artifacts and any items or specimens appropriate for the grounds. [PL 1993, c. 590, §1 (NEW).]

All contributions, purchases and bequests of artifacts for the Blaine House and grounds must be reported in writing to the Maine State Museum Commission at least quarterly. The Maine State Museum Commission shall consider these acquisitions for inclusion in the Blaine House Historic Collection and report its decisions to the Blaine House Commission at least quarterly. For the purposes of this section, the "Blaine House Historic Collection" consists of all artifacts associated with the Blaine House and grounds that, in the judgment of the Maine State Museum Commission, are determined culturally or historically significant to the Blaine House, its inhabitants or the State. [PL 1993, c. 590, §1 (NEW).]
5 M.R.S. § 124 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 124
5 §124. Governor may require new bond
Status: in_force

When it appears to the Governor that the Treasurer of State's bond is not sufficient for the full security of the State, the Governor shall make written demand upon the Treasurer of State for a new bond. If the Treasurer of State neglects for 10 days thereafter to file the bond to the Governor's satisfaction, the Governor shall remove the Treasurer of State and declare the office vacant. [RR 2023, c. 2, Pt. B, §15 (COR).]
5 M.R.S. § 1825-E — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-E
5 §1825-E. Appeal procedures
Status: in_force

The Director of the Bureau of General Services shall ensure that every department or agency of State Government affords aggrieved persons an opportunity to appeal a contract or grant award decision. As provided by this section, rules adopted under this subchapter must establish clear procedures by which an aggrieved person may appeal a contract or grant award decision. [PL 2015, c. 179, §6 (AMD).]

1. Stay. Persons aggrieved by a contract or grant award decision may request a stay of an award decision. Such a request must be made to the Director of the Bureau of General Services in writing within 10 days of notification of the contract or grant award and must state the nature of the grievance. The Director of the Bureau of General Services shall issue a stay of a contract or grant award decision, pending appeal, upon a showing of irreparable injury to the petitioner, a reasonable likelihood of success on the merits, and no substantial harm to adverse parties or to the general public. The Director of the Bureau of General Services shall notify the petitioner in writing of the director's decision regarding the issuance of a stay within 7 days of receipt of the request. Failure of the petitioner to obtain a stay does not affect the petitioner's right to a hearing of appeal under this subchapter. [PL 2015, c. 179, §6 (AMD).]

2. Request for hearing of appeal. Persons aggrieved by an agency contract or grant award decision under this subchapter may request a hearing of appeal. Such a request must be made to the Director of the Bureau of General Services in writing within 15 days of notification of the award. The Director of the Bureau of General Services shall grant a hearing of appeal unless: A. The Director of the Bureau of General Services determines that: (1) The petitioner is not an aggrieved person; (2) A prior request by the same petitioner relating to the same contract or grant award has been granted; (3) The request was made more than 15 days after notice of contract or grant award; or (4) The request is capricious, frivolous or without merit; or [PL 2015, c. 179, §6 (AMD).] B. No contract or grant was awarded. [PL 2015, c. 179, §6 (AMD).] The Director of the Bureau of General Services shall notify the petitioner in writing of the director's decision regarding a request for a hearing of appeal within 15 days of receipt of the request. If a request for a hearing is granted, notification must be made at least 10 days before the hearing date and must include the date and location of the hearing and the names of the appeal committee members. [PL 2015, c. 179, §6 (AMD).]

3. Appeal committee. A committee of 3 members shall hear a petitioner's appeal within 60 days of receipt of the request for an appeal. The Commissioner of Administrative and Financial Services shall appoint 2 members of an appeal committee, except that persons who have any direct or indirect personal, professional or financial conflict of interest in the appeal or employees of any department affected by the contract or grant may not serve on the appeal committee. The 3rd member is the Director of the Bureau of General Services or the director's designee. Members of an appeal committee appointed under this section shall meet at the appointed time and place in the presence of the petitioner and such individuals as the petitioner determines necessary for a full and fair hearing. The petitioner may present to the appeal committee any materials the petitioner considers relevant to the appeal. The appeal committee shall keep a written record of each hearing and shall submit its decision and the reasons for its decision to the Director of the Bureau of General Services in writing no later than 15 days following the hearing of appeal. Subject to the requirements of rules adopted under this section and evidence presented during a hearing of appeal, the appeal committee may decide either to: A. Validate the contract or grant award decision under appeal; or [PL 2015, c. 179, §6 (AMD).] B. Invalidate the contract or grant award decision under appeal. [PL 2015, c. 179, §6 (AMD).] Except as provided in paragraph B , an appeal committee may not modify the contract or grant award under appeal, or make a new award. Contracts or grants found invalid by an appeal committee under this subchapter become immediately void and of no legal effect. [PL 2015, c. 179, §6 (AMD).]
5 M.R.S. § 12004-D — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-D
5 §12004-D. Environmental regulation and control
Status: in_force

The primary responsibility of environmental regulation and control boards is the protection of the State's natural resources and environment. [PL 1987, c. 786, §5 (NEW).]

The primary powers of these boards include regulation of activities that affect the environment and natural resources of the State, issuance of licenses and permits, setting of standards and procedures, assessment of fees and penalties, holding of hearings and the adoption of rules. [PL 1987, c. 786, §5 (NEW).]

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

NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Maine Land Use Regulation Commission [PL 2011, c. 682, §1 (RP).]

1-A. Maine Land Use Planning Commission Legislative Per Diem Plus Expenses. Notwithstanding any limitation on noonday meal expenses in section 12002, subsection 2 , for each day in attendance at a commission meeting or hearing, each member is entitled to a meal allowance not to exceed the legislative meal allowance for each session day as provided for in Title 3, section 2 . 12 MRSA §683‑A [PL 2011, c. 682, §2 (NEW).]

2. Board of Environmental Protection Legislative Per Diem Plus Expenses. Notwithstanding any limitation on noonday meal expenses in section 12002, subsection 2 , for each day in attendance at a board meeting or hearing, each member is entitled to a meal allowance not to exceed the legislative meal allowance for each session day as provided for in Title 3, section 2 . 38 MRSA §341‑A [PL 2007, c. 617, §2 (AMD).]

3. Board of Pesticides Control Legislative Per Diem 22 MRSA §1471‑B [PL 1987, c. 786, §5 (NEW).]

4. Facility Siting Board [PL 2011, c. 655, Pt. GG, §2 (RP); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Nutrient Management Review Board Expenses Only 7 MRSA §4203 [PL 1997, c. 642, §1 (NEW).]

6. Interagency Task Force on Invasive Aquatic Plants and Nuisance Species Expenses Only 38 MRSA §1871 [PL 2001, c. 434, Pt. B, §1 (NEW).]
5 M.R.S. § 295 — ME Code / Title 5 / Part 1 / Chapter 14 / Section 295
5 §295. Conditions of employment
Status: in_force

1. Temporary unclassified service. Interns are considered temporary unclassified employees of the State. The employing department or agency may discharge an intern for cause with one week advance notice to the intern and the Margaret Chase Smith Center for Public Policy. The center may reassign an intern or release the intern from the program with one week advance notice to the intern and the state agency when it is considered in the best interest of the program. [PL 1993, c. 78, §3 (AMD).]

2. Salary. The Margaret Chase Smith Center for Public Policy shall determine from time to time an appropriate minimum salary for interns, which must be paid by the participating state department or agency. The Margaret Chase Smith Center for Public Policy may negotiate the placement of an intern within State Government, and to further the purposes of the intern program, may make funds from this chapter available to the intern. [PL 1993, c. 78, §3 (AMD).]

3. Internship training. Participating state departments and agencies shall release intern personnel to participate on duty time in orientation or training activities planned by the Margaret Chase Smith Center for Public Policy as part of the internship program. [PL 1993, c. 78, §3 (AMD).]
5 M.R.S. § 17756 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17756
5 §17756. Unused accrued or accumulated sick leave or unused vacation leave
Status: in_force

1. Service credit. Unused accumulated or accrued sick leave, unused vacation leave, or a combination of both, for which a member is credited on termination of service, but for which the member does not receive payment, qualifies for service credit. [PL 1985, c. 801, §§5, 7 (NEW).]

2. Limitation. Leave qualifying for service credit under subsection 1 may not exceed a total of 90 days, except as provided in subsection 3 . [PL 1985, c. 801, §§5, 7 (NEW).]

3. Exceptions. Leave beyond 90 days may qualify for service credit, up to the maximum number of days of leave, set by personnel rules or by contract, that a person is allowed to accumulate, if: A. For state employees, the member, before any retirement benefit becomes effective for the member, pays into the Members' Contribution Fund a single payment that is the actuarial equivalent, at the effective date of the member's retirement benefit, of the portion of the member's retirement benefit based on the additional creditable service beyond 90 days; and [RR 2023, c. 2, Pt. B, §104 (COR).] B. For teachers, the member or the school administrative unit employing the member pays into the Members' Contribution Fund by a single payment the actuarial equivalent, at the effective date of the member's retirement benefit, of the portion of the member's retirement benefit based on the additional creditable service beyond 90 days. The member and the school administrative unit may determine by contract the portion to be deposited by each to obtain this additional creditable service. [RR 2023, c. 2, Pt. B, §104 (COR).] [RR 2023, c. 2, Pt. B, §104 (COR).]
5 M.R.S. § 1508 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1508
5 §1508. State funds eliminated
Status: in_force

Unless the Legislature otherwise directs, the Commissioner of Administrative and Financial Services, with the approval of the Governor, has authority to discontinue any or all special expendable state funds with the exception of the sinking funds and trust funds and to merge the balance or balances of such fund or funds so discontinued with the General Fund. [PL 1991, c. 780, Pt. Y, §41 (AMD).]
5 M.R.S. § 3203 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3203
5 §3203. Director
Status: in_force

The Director of the Maine Office of Community Affairs is appointed by the Governor and serves at the pleasure of the Governor. The director must have demonstrated experience and leadership in municipal or regional government and must bring expertise in planning, technical assistance and grant programs for communities. [PL 2023, c. 643, Pt. DD, §2 (NEW).]
5 M.R.S. § 1710 — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710
5 §1710. Consensus Economic Forecasting Commission; membership
Status: in_force

The Consensus Economic Forecasting Commission established by Title 5, section 12004‑I, subsection 29‑B , to provide the Governor, the Legislature and the Revenue Forecasting Committee with analyses, findings and recommendations representing state economic assumptions relevant to revenue forecasting, and referred to in this chapter as the "commission," consists of 5 members appointed as follows: two members appointed by the Governor; one member recommended for appointment to the Governor by the President of the Senate; one member recommended for appointment to the Governor by the Speaker of the House of Representatives; and one member appointed by the other members of the commission. One of the 5 members must be selected by a majority vote of the committee members to serve as the chair of the commission. The commission members recommended for appointment to the Governor by the President of the Senate and the Speaker of the House and one of the members appointed by the Governor must be appointed in January 2019 and serve a 2-year term. The 2nd member appointed by the Governor and the member appointed by the other members of the commission must be appointed in January 2019 and serve a one-year term. Thereafter, all commission members are appointed to 2-year terms. A member may not be a Legislator or an employee of the Executive Department, the Legislature or the Judicial Department. Each commission member must have professional credentials and demonstrated expertise in economic forecasting. [PL 2017, c. 284, Pt. N, §1 (AMD).]

Vacancies must be filled in the same manner as the original appointments for the balance of the unexpired term, except as otherwise provided in this section. [PL 2017, c. 284, Pt. N, §1 (AMD).]

If the expeditious filling of a vacancy is required to enable the commission to perform its duties in an efficient and timely manner, the Governor shall make those appointments at such times and in such a manner as the Governor determines necessary. [PL 2017, c. 284, Pt. N, §1 (AMD).]
5 M.R.S. § 18407 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18407
5 §18407. Cost-of-living adjustment to retirement benefit
Status: in_force

Cost-of-living adjustments to the retirement benefits being paid to retired participating local district employees shall be governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Covered district" means a participating local district that provides coverage under the United States Social Security Act for its employees. [PL 1985, c. 801, §§5, 7 (NEW).] B. "Noncovered district" means a participating local district that does not provide coverage by the United States Social Security System for its employees. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1985, c. 801, §§5, 7 (NEW).]

2. Noncovered districts. Notwithstanding section 18202 and except as provided in this subsection, subsections 3 to 5 apply to all retired employees of noncovered districts and to beneficiaries of those retired employees. A. A noncovered district that has withdrawn from participation in the Participating Local District Retirement Program on or before June 30, 1987, under section 18203 is not required to provide cost-of-living adjustments for its retired employees or their beneficiaries. [PL 2007, c. 491, §236 (AMD).] B. A noncovered district which, on or after September 19, 1985, engages in collective bargaining or has in force a collective bargaining agreement under Title 26, chapter 9‑A , with some or all of the district's members is not required by this section to provide cost-of-living adjustments for its retired employees or their beneficiaries. When the district subsequently agrees through the collective bargaining process to provide the cost-of-living adjustment under this section, the adjustment shall apply to all the district's retired employees or their beneficiaries receiving retirement allowances. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 2007, c. 491, §236 (AMD).]

3. Covered districts. A covered district may provide cost-of-living adjustments for its retired employees or their beneficiaries by application to the board of trustees supplying the necessary information. Upon acceptance of such a plan, the district shall supply a certified copy of its action and a statement of agreement of payment and costs. [PL 1985, c. 801, §§5, 7 (NEW).]

4. Determination of adjustment for participating local districts not covered by chapter 427. The cost-of-living adjustment is determined as follows. A. Except as provided in paragraph A‑1 , whenever there is a percentage increase in the Consumer Price Index from July 1st to June 30th, the board shall automatically make an equal percentage increase in retirement benefits, beginning in September, up to a maximum annual increase of 4%. [PL 2009, c. 473, §5 (AMD).] A-1. If there is a percentage decrease in the Consumer Price Index from July 1st to June 30th, the board shall set the percentage change at 0% for that September. The adjustment for the following year must be set based on the actuarially compounded Consumer Price Index for both years in a cost-neutral manner. If the Consumer Price Index in the subsequent year or years is not sufficient to allow for the adjustment to be cost-neutral for the 2 years, then the adjustment needed for cost-neutrality must continue to be applied to following years until such time as the cost-neutrality requirement is met. [PL 2009, c. 473, §6 (AMD).] B. Whenever the annual percentage change in the Consumer Price Index from July 1st to June 30th exceeds 4%, the board shall make whatever adjustments in the retirement benefits are necessary to reflect an annual increase of 4% and shall report that adjustment and the actual increase in the Consumer Price Index to the Legislature by February 1st of the following year. [PL 2013, c. 391, §6 (AMD).] C. Notwithstanding any other provision of this section, the amount of annual retirement benefit otherwise payable under this Part may not be less than the retired member received on the effective date of the member's retirement or on July 1, 1977, whichever amount is greater. [RR 2023, c. 2, Pt. B, §141 (COR).] [RR 2023, c. 2, Pt. B, §141 (COR).]

5. Cost. The board shall determine the costs of the adjustments under this section and shall include those costs in the annual valuation. [PL 1985, c. 801, §§5, 7 (NEW).]

6. Eligibility. Cost-of-living adjustments under subsection 4 must be applied to the retirement benefits of all retirees who have been retired for at least 6 months before the date that the adjustment becomes payable. Beneficiaries of deceased retirees and members are eligible for the cost-of-living adjustment at the same time the deceased retiree would have become eligible. [PL 2013, c. 391, §7 (AMD).]

7. Determination of adjustment for participating local districts covered by chapter 427. The plan provisions adopted by rule pursuant to section 18801 govern any cost-of-living adjustment. A. [PL 2017, c. 392, §6 (RP).] B. [PL 2017, c. 392, §6 (RP).] C. [PL 2017, c. 392, §6 (RP).] D. [PL 2017, c. 392, §6 (RP).] E. [PL 2017, c. 392, §6 (RP).] [PL 2017, c. 392, §6 (RPR).]

8. Eligibility. [PL 2017, c. 392, §7 (RP).]
5 M.R.S. § 1666 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1666
5 §1666. Review and revision of estimates
Status: in_force

The Governor-elect or the Governor, with the assistance of the State Budget Officer, shall review the budget estimates, altering, revising, increasing or decreasing the items of the estimates as may be determined necessary in view of the needs of the various departments and agencies and the total anticipated income of the State Government during the ensuing biennium. This review must cover all budgets regardless of source of funds, including, but not limited to, budgets related to the Highway Fund, the Federal Revenue Sharing Fund and other special revenue funds. The State Budget Officer, at the direction of the Governor-elect or the Governor shall then prepare a state budget document in the form required by law. The Governor-elect or the Governor is fully responsible for all budgetary recommendations made to the Legislature. The Governor shall transmit the budget document to the Legislature not later than the Friday following the first Monday in January of the first regular legislative session. At that time the Governor shall also transmit any emergency bills that authorize additional appropriations or allocations in the current fiscal year that the Governor may wish to propose. A Governor-elect elected to a first term of office shall transmit the budget document to the Legislature not later than the Friday following the first Monday in February of the first regular legislative session. At that time the Governor-elect shall also transmit any emergency bills that authorize additional appropriations or allocations in the current fiscal year that the Governor may wish to propose. [PL 2005, c. 601, §4 (AMD).]

The Governor, when submitting the budget to the Legislature, shall submit the budget document and the General Fund and Highway Fund bills in a manner that identifies the gross amount of resources for each program. The gross unified budget bills and budget document encompass resources from the General Fund, Highway Fund, Federal Expenditures Fund, Federal Block Grant Fund, Other Special Revenue Funds, internal service funds and enterprise funds. Separate gross unified budget bills must be submitted for the General Fund and the Highway Fund. All funds except trust and agency funds, bond funds and costs of goods sold expenditures in internal service funds and enterprise funds are subject to legislative allocation. All programs with Highway Fund allocations and all internal service funds, enterprise funds and Other Special Revenue Funds accounts of the Department of Transportation and the TransCap Trust Fund in the Maine Municipal Bond Bank are subject to legislative allocations and are presented for informational purposes only in the budget document and General Fund budget bills unless a separate Highway Fund budget is not enacted. [PL 2007, c. 538, Pt. K, §1 (AMD).]

A budget document transmitted by the Governor or Governor-elect must include a part that asks the Legislature whether it wishes to continue funding each individual tax expenditure provided in the statutes. For purposes of this paragraph, "tax expenditures" means those state tax revenue losses attributable to provisions of Maine tax laws that allow a special exclusion, exemption or deduction or provide a special credit, a preferential rate of tax or a deferral of tax liability. The part must include for each tax expenditure a statutory section reference, a brief description of each tax expenditure and the loss of revenue estimated to be incurred by funding source and fiscal year. The joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs shall consider any reports regarding the evaluation of tax expenditures completed during the previous 2 years pursuant to Title 3, section 999 and shall hold at least one public hearing to receive public comment regarding those tax expenditures when reviewing the continuation of tax expenditures pursuant to this section. This paragraph applies with respect to the preparation of the budget document for the 2008-2009 biennium and thereafter. [PL 2023, c. 417, §8 (AMD).]

The Department of Public Safety, Bureau of State Police shall annually identify and quantify the activities of the Department of Public Safety, Bureau of State Police that may be eligible for funding from the Highway Fund pursuant to the Constitution of Maine, Article IX, Section 19. Starting March 1, 2018 and every 4 years thereafter, the Department of Public Safety, Bureau of State Police shall report the average annual percentage for the previous 4 years of activities eligible for funding from the Highway Fund pursuant to the Constitution of Maine, Article IX, Section 19 to the Governor, the joint standing committee of the Legislature having jurisdiction over transportation matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The Governor or Governor-elect shall use such reports as a guide in developing budgets for the Department of Public Safety, Bureau of State Police. [PL 2013, c. 354, Pt. F, §2 (AMD).]
5 M.R.S. § 4684-B — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4684-B
5 §4684-B. Additional protections
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Building" means any structure having a roof or a partial roof supported by columns or walls that is used or intended to be used for shelter or enclosure of persons or objects regardless of the materials of which it is constructed. [PL 1995, c. 417, §3 (NEW).] B. "Health service" means any medical, surgical, laboratory, testing or counseling service relating to the human body. [PL 1995, c. 417, §3 (NEW).] B-1. "Medical safety zone" means an area extending 8 feet from the center of the entrance of a building in which patients receive health services. [PL 2021, c. 640, §1 (NEW).] C. "Physical obstruction" means rendering impassable ingress to or egress from a building or rendering passage to or from a building unreasonably difficult or hazardous. [PL 1995, c. 417, §3 (NEW).] [PL 2021, c. 640, §1 (AMD).]

2. Intentional violation. It is a violation of this subsection for any person, whether or not acting under color of law, to intentionally interfere or attempt to intentionally interfere with the exercise or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of rights secured by the Constitution of Maine or laws of the State by any of the following conduct: A. Engaging in the physical obstruction of a building; [PL 1995, c. 417, §3 (NEW).] B. Making or causing repeated telephone calls to a person or a building, whether or not conversation ensues, with the intent to impede access to a person's or building's telephone lines or otherwise disrupt a person's or building's activities; [PL 1995, c. 417, §3 (NEW).] C. Activating a device or exposing a substance that releases noxious and offensive odors within a building; or [PL 1995, c. 417, §3 (NEW).] D. During the posted hours of operating after having been ordered by a law enforcement officer to cease such noise, at any time after the order, intentionally making noise that can be heard within a building and with the further intent either: (1) To jeopardize the health of persons receiving health services within the building; or (2) To interfere with the safe and effective delivery of those services within the building. [PL 2021, c. 640, §2 (AMD).] Violation of this subsection is a Class E crime. [PL 2021, c. 640, §2 (AMD).]

3. Knowing violation. It is a violation of this subsection for any person to knowingly enter into, remain in or create an obstruction in a medical safety zone during the posted hours of operation of the provider of a health service, with the following exceptions: A. A person entering or leaving the building; [PL 2021, c. 640, §3 (NEW).] B. A person using the public sidewalk or street right-of-way adjacent to the building solely for the purpose of reaching a destination other than the building; [PL 2021, c. 640, §3 (NEW).] C. A law enforcement officer, firefighter, emergency medical services provider, employee of a construction company or a utility or employee of a public works department or other municipal service acting in the course of employment; or [PL 2021, c. 640, §3 (NEW).] D. An employee or agent of the health service or the operator of the building acting in the course of employment. [PL 2021, c. 640, §3 (NEW).] Violation of this subsection is a Class E crime. [PL 2021, c. 640, §3 (NEW).]

4. Demarcation. At the request of the provider of a health service, a municipality shall mark the boundary of the medical safety zone for the building in which the provider of a health service operates by painting lines or placing temporary markers. The municipality shall mark the boundary not later than the 30th day after the date the municipality receives a request under this subsection. The provider of a health service shall post or cause to be posted at least one sign at the boundary of the medical safety zone that contains: A. The following notice written in a clear and conspicuous manner: "HEALTH CARE FACILITY – NO STANDING IN THIS ZONE"; and [PL 2021, c. 640, §4 (NEW).] B. A reference to subsection 3 . [PL 2021, c. 640, §4 (NEW).] [PL 2021, c. 640, §4 (NEW).]
5 M.R.S. § 1816-B — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1816-B
5 §1816-B. Privatization of agency services
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agency" means a state agency as defined in section 1552, subsection 6 , but does not include the quasi-independent state entities listed in section 12021, subsection 6 . [PL 2021, c. 332, §3 (NEW).] B. "Agency cost estimate" means the cost to the agency seeking to privatize services to provide the services in the most cost-efficient manner. "Agency cost estimate" is the total of all direct and indirect costs to provide the services, including but not limited to wages and pension, insurance and other employee benefit costs of agency employees. [PL 2021, c. 332, §3 (NEW).] C. "Agency employee" means an employee of the agency seeking to privatize services. [PL 2021, c. 332, §3 (NEW).] D. "Business day" means any calendar day, excluding Saturdays, Sundays and legal holidays listed in Title 4, section 1051 . [PL 2021, c. 332, §3 (NEW).] E. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2021, c. 332, §3 (NEW).] F. "Contract cost" means the total cost to the agency to privatize services. The total cost is the sum of the cost of the proposed bid designated pursuant to subsection 7 , the costs of transition from public to private operation, the costs of any additional unemployment and retirement benefits and the costs of monitoring and otherwise administering contract performance. [PL 2021, c. 332, §3 (NEW).] G. "Contractor" means a nongovernmental person that has entered into a privatization contract with the State. [PL 2021, c. 332, §3 (NEW).] H. ''Dependent'' means the spouse or child of an employee if the spouse or child would qualify for dependent status under the United States Internal Revenue Code of 1986 or for whom a support order has been or could be granted under Title 19‑A, section 1652, subsection 2 . [PL 2021, c. 332, §3 (NEW).] I. "Employee organization" means an organization that has as its primary purpose the representation of employees in their employment relations with an employer under Title 26, chapter 9‑B . [PL 2021, c. 332, §3 (NEW).] J. ''Privatization contract'' means an agreement or a combination or series of agreements by which a nongovernmental person agrees with an agency to provide services that are substantially similar to and in lieu of services provided, in whole or in part, by agency employees and that has an agency cost estimate of at least $500,000 as of October 1, 2021 and annually increased by the amount of increase in the Consumer Price Index compiled by the United States Department of Labor, Bureau of Labor Statistics for the most recent 12-month period for which data are available. "Privatization contract" does not include: (1) Any subsequent agreement to a privatization contract, including an agreement resulting from a rebidding of previously privatized service, or an agreement renewing or extending a privatization contract; (2) A contract for information technology services provided to an agency if an employee organization representing the agency employees agrees to the terms of the contract in writing; or (3) An agreement solely to provide legal, management consulting, planning, engineering or design services. [PL 2021, c. 332, §3 (NEW).] [PL 2021, c. 332, §3 (NEW).]

2. Privatization of services. Notwithstanding any provision of this chapter or chapter 156 to the contrary, an agency seeking to enter into a privatization contract shall, in consultation with the commissioner, comply with the requirements of this section. A. Prior to issuing a request for proposals under subsection 5 for the privatization of services, an agency seeking to enter into a privatization contract shall prepare a written statement that includes: (1) A summary of the services proposed to be the subject of the privatization contract, including the specific quantity and standard of quality of the services; (2) The minimum wage rate for each position for which a contractor may employ a person pursuant to the privatization contract and for which the duties are substantially similar to the duties performed by an agency employee. The minimum wage rate must be the lowest classification under chapter 372 under which the comparable agency employee is paid or the average private sector wage rate for the position as determined by the commissioner from data collected by the Department of Administrative and Financial Services, Bureau of Human Resources and Bureau of General Services, whichever is lower; and (3) The percentage paid by the State for the costs of health insurance plan coverage for the agency employees who are employed for not less than 20 hours per week and the percentage paid by the State for such costs for any dependent of such an employee. [PL 2021, c. 332, §3 (NEW).] B. A written statement created by an agency under paragraph A is a public record and must be filed, prior to issuance of a request for proposals, with the commissioner, the Attorney General and employee organizations that represent agency employees. [PL 2021, c. 332, §3 (NEW).] C. Prior to issuing a request for proposals under subsection 5 for the privatization of services, an agency seeking to enter into a privatization contract shall determine the agency cost estimate. The agency cost estimate is confidential and not a public record until the day after the final day for the agency to receive sealed bids for the privatization contract pursuant to subsection 5 , at which time the agency cost estimate becomes a public record and must be filed with the commissioner and the Attorney General. [PL 2021, c. 332, §3 (NEW).] [PL 2021, c. 332, §3 (NEW).]

3. Employee organization request for review; final agency action. An employee organization representing agency employees may file a written request for review with the commissioner regarding the contents of the written statement required in subsection 2, paragraph A within 10 business days of the date the statement was filed. The commissioner shall issue a written decision on the request for review within 15 business days of receiving the request for review. The commissioner's decision under this subsection constitutes final agency action for the purposes of judicial review under chapter 375, subchapter 7 . [PL 2021, c. 332, §3 (NEW).]

4. Collective bargaining agreement amendment. An employee organization representing agency employees may at any time before the final day for the agency to receive sealed bids pursuant to subsection 5 propose an amendment to any relevant collective bargaining agreement to which the employee organization is a party, but such a proposed amendment may take effect only if the effect of the proposed amendment is to reduce the agency cost estimate below the contract cost. A proposed amendment under this subsection is confidential and not a public record until the day after the final day for the agency to receive sealed bids for the privatization contract pursuant to subsection 5 , at which time the proposed amendment becomes a public record and must be filed with the agency, the commissioner and the Attorney General. [PL 2021, c. 332, §3 (NEW).]

5. Request for proposals. An agency seeking to enter into a privatization contract shall solicit competitive sealed bids for the privatization contract through the request for proposals process. The day designated by the agency upon which it will accept sealed bids must be the same for all parties. A. The request for proposals for a privatization contract and the privatization contract must require the contractor to: (1) Pay a rate no less than the minimum wage rate established pursuant to subsection 2, paragraph A , subparagraph (2) for each position subject to a minimum wage rate; (2) Provide, to an employee employed for not less than 20 hours per week and to any dependent of the employee, health insurance plan coverage that is comparable to the health insurance plan coverage provided to agency employees; (3) Pay not less than the percentage established pursuant to subsection 2, paragraph A , subparagraph (3) toward the cost of health insurance plan coverage for an employee employed for not less than 20 hours per week and for any dependent of such an employee; (4) Submit quarterly payroll records to the agency, listing the name, address, social security number, hours worked and hourly wage rate paid for each employee in the previous quarter. Employee names, addresses and social security numbers are confidential; (5) Offer available employee positions under the privatization contract to qualified agency employees who are displaced or terminated because of the privatization contract and who satisfy the nondiscriminatory hiring criteria of the contractor under subparagraph (6); and (6) Comply with a policy of nondiscrimination and take affirmative steps to provide equal opportunity for any person protected by the Maine Human Rights Act. [PL 2021, c. 332, §3 (NEW).] B. The Attorney General may bring a civil action for equitable relief in Superior Court to enforce paragraph A or to prevent or remedy the dismissal, demotion or other action prejudicing any employee as a result of a report of a violation of paragraph A . [PL 2021, c. 332, §3 (NEW).] C. The term of a privatization contract, including renewals provided for in a privatization contract, may not exceed 5 years unless a longer term is approved by the commissioner. [PL 2021, c. 332, §3 (NEW).] D. A privatization contract may not be amended for the purpose or effect of avoiding a requirement of this section. [PL 2021, c. 332, §3 (NEW).] [PL 2021, c. 332, §3 (NEW).]

6. Employee organization bids. Agency employees who are represented by an employee organization may organize and request that the employee organization submit a bid on their behalf to provide the services to be privatized. A. An employee organization, after consulting with any agency employees seeking to bid on a privatization contract, shall provide adequate resources for the purpose of encouraging and assisting agency employees to organize and submit a bid to provide the services to be privatized. For purposes of this paragraph, "adequate resources" means no less than the minimum level of assistance provided for in: (1) The terms of the existing collective bargaining agreement covering the agency employees seeking to submit a bid; (2) The terms of the expired collective bargaining agreement covering the agency employees seeking to submit a bid during the period of collective bargaining negotiations for a new agreement; or (3) The terms of a comparable collective bargaining agreement covering individuals who provide similar services if the existing or expired collective bargaining agreement does not provide for a minimum level of assistance. [PL 2021, c. 332, §3 (NEW).] B. An employee organization bid under this subsection may be made as a joint venture with other persons. [PL 2021, c. 332, §3 (NEW).] C. An employee organization bid under this subsection is confidential and not a public record until the day after the agency designates the proposed winning bidder under subsection 7 . [PL 2021, c. 332, §3 (NEW).] [PL 2021, c. 332, §3 (NEW).]

7. Review of bids; designation of winning bidder. After soliciting and receiving the submitted bids, an agency shall: A. Publicly designate the bidder to which the agency proposes to award a privatization contract; [PL 2021, c. 332, §3 (NEW).] B. Determine the contract cost of the designated bid and file a cost analysis with the commissioner and the Attorney General. If the proposed bidder under paragraph A proposes to perform any or all of the contract outside the boundaries of the State, the contract cost must be increased by the amount of any lost income tax revenue to the State caused by the corresponding elimination of agency employees, as determined by the State Tax Assessor; and [PL 2021, c. 332, §3 (NEW).] C. Determine whether the contract cost under paragraph B is less than the agency cost estimate prepared pursuant to subsection 2, paragraph C . If the contract cost is equal to or more than the agency cost estimate, the agency may not enter into a privatization contract. [PL 2021, c. 332, §3 (NEW).] If a bid is received from an employee organization, the commissioner, or the commissioner's designee, may include staff from the Department of Administrative and Financial Services, Bureau of Human Resources in the bid review process authorized by section 1825‑D . [PL 2021, c. 332, §3 (NEW).]

8. Negotiation of privatization contract. If the contract cost calculated pursuant to subsection 7, paragraph B is less than the agency cost estimate, the agency may begin negotiating the terms of the privatization contract except that, if an employee organization bid is awarded the privatization contract pursuant to subsection 7 , the Department of Administrative and Financial Services, Bureau of Human Resources shall negotiate the terms of the privatization contract with the employee organization. If the contract cost is equal to or more than the agency cost estimate, the agency may not enter into a privatization contract. The privatization contract must be filed with the commissioner and the Attorney General prior to execution. [PL 2021, c. 332, §3 (NEW).]

9. Attorney General authority. The authority of the Attorney General over the privatization of services is governed by this subsection. A. At any time during the process of privatizing any services pursuant to this section, the Attorney General may: (1) Intervene in the process; (2) Require by summons the attendance and testimony under oath of state employees and the production of documents for the purpose of investigating whether the provisions set forth in this chapter and chapter 156 are met. All documents produced and testimony given to the Attorney General pursuant to this subparagraph are confidential. The Attorney General may seek an order from the Superior Court compelling compliance with a summons issued under this subparagraph; and (3) Bring an action in Superior Court in the name of the State against an agency when the Attorney General has reason to believe that a requirement of this section has not been met, the agency has acted unlawfully or beyond the scope of its authority, the actions or inactions of the agency are not supported by the record required by this section or the privatization of services is not in the public interest. [PL 2021, c. 332, §3 (NEW).] B. After the filing of a court action under this subsection, further action by an agency under this section must be stayed unless the court orders otherwise. During the period of the stay, any time period specified for agency action under this chapter or chapter 156 is tolled until the court action is dismissed by the Attorney General or the Superior Court orders an agency to take further action. Relief from the stay may be granted only upon a showing of compelling justification. [PL 2021, c. 332, §3 (NEW).] C. Except as provided in this paragraph, at least 10 business days prior to commencement of an action under this subsection, the Attorney General shall notify the agency and the commissioner of the proposed action and shall provide the commissioner and the agency an opportunity to confer with the Attorney General in person or by counsel or other representative as to the proposed action. The Attorney General may proceed without notice upon a showing by affidavit of immediate irreparable harm to the citizens of the State. [PL 2021, c. 332, §3 (NEW).] D. An action by the Attorney General under this subsection may seek to, among other things, restrain by temporary or permanent injunction the privatization of services under this section, and the court may make such other orders or judgments as may be necessary to prevent the privatization of services. [PL 2021, c. 332, §3 (NEW).] [PL 2021, c. 332, §3 (NEW).]

10. Rules; forms. The Department of Administrative and Financial Services may prescribe forms and adopt rules to carry out the provisions of this section and to ensure that the competitive bidding process under this section is consistent with the provisions of competitive bids under subchapter 1‑A . Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 332, §3 (NEW).]
5 M.R.S. § 17707 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17707
5 §17707. CETA service
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "CETA employee" means an employee enrolled in a program under the United States Comprehensive Employment and Training Act of 1973, as amended. [PL 1985, c. 801, §§5, 7 (NEW).] B. "Employer" means the State or the participating local district with which the CETA employee is placed for training and employment. [PL 1985, c. 801, §§5, 7 (NEW).] C. "Prime sponsor" means the CETA prime sponsor, a unit of government responsible for planning and operating all CETA programs within the geographic jurisdiction encompassed by that unit of government. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1985, c. 801, §§5, 7 (NEW).]

2. Eligibility for membership. CETA employees are considered eligible for membership in the State Employee and Teacher Retirement Program from the date of their enrollment in a CETA program, whether or not they become members. [PL 2007, c. 491, §114 (AMD).]

3. Employer's contributions. Employer's contributions are governed as follows. A. Notwithstanding this subchapter, subchapter 2 and chapter 421, subchapter 4 , neither the State nor a participating local district is required to contribute to a retirement program of the Maine Public Employees Retirement System for CETA employees. [PL 2007, c. 491, §114 (AMD).] B. If an employee elects, under section 17761 , to purchase the employee's CETA time for past creditable service, the employee's CETA prime sponsor shall then pay to the applicable retirement program an amount equal to the employer's contribution, plus regular interest, for the employee's CETA time, using only CETA funds. [PL 2007, c. 491, §114 (AMD).] [PL 2007, c. 491, §114 (AMD).]

4. Employee's contributions. Employee's contributions are governed as follows. A. Notwithstanding section 17701 , a CETA employee is not required to contribute to a retirement program of the Maine Public Employees Retirement System. [PL 2007, c. 491, §114 (AMD).] B. A CETA employee may contribute during the employee's period of CETA employment or may defer contributions until the employee's post-CETA employment status is known. [PL 2007, c. 491, §114 (AMD).] C. If an employee who has not contributed during the employee's CETA employment or who has withdrawn the employee's contributions later elects, under section 17761 , to purchase the employee's CETA time for past creditable service, the employee shall pay to the applicable retirement program of the Maine Public Employees Retirement System an amount equal to the employee's contributions, plus interest, at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. Interest must be computed beginning at the end of the year when those contributions or pick-up contributions would have been made to the date of payment. [PL 2009, c. 474, §21 (AMD).] D. If an employee or member who has not contributed during that employee's or member's CETA employment or who has withdrawn that employee's or member's contributions later elects, under section 17761, subsection 3 , to purchase that employee's or member's CETA time for past creditable service before any retirement benefit becomes effective for that member, that employee or member must pay into the Members' Contribution Fund, by a single direct payment or annual direct payments to the applicable retirement program of the Maine Public Employees Retirement System, 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 . Additional amounts paid under this paragraph become a part of the employee's or member's accumulated contributions. If any retirement benefit becomes effective before the completion of the payment under this paragraph, the employee or member is entitled to service credit for a portion of the additional creditable service in the same proportion 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 2007, c. 491, §114 (AMD).] [PL 2009, c. 474, §21 (AMD).]

5. Return of contributions. Any CETA employee who contributed to a retirement program of the Maine Public Employees Retirement System during the member's CETA employment and who does not meet the requirements of section 17761 , must be refunded the member's employee contributions, plus regular interest, upon request to the retirement system. [PL 2007, c. 491, §114 (AMD).]
5 M.R.S. § 13056-H — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13056-H
5 §13056-H. Maine Economic Development Fund
Status: in_force

The Maine Economic Development Fund is established as a nonlapsing fund within the department to encourage and support economic and business growth, rural manufacturing and industrial site redevelopment and implementation of a strategic plan. [PL 2019, c. 343, Pt. TTTT, §1 (NEW).]
5 M.R.S. § 4594-F — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594-F
5 §4594-F. Standards for facilities constructed or altered between January 1, 1996 and March 15, 2012
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alteration" means a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part of the building or facility, including, but not limited to, reconstruction, remodeling, rehabilitation, historic restoration, changes or rearrangement in structural parts or elements and changes or rearrangement in the plan configuration of walls and full-height partitions. [PL 1995, c. 393, §27 (NEW).] B. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of a property in a municipality that does not require building permits. [PL 1995, c. 393, §27 (NEW).] C. [PL 1997, c. 630, §1 (RP).] D. "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located. [PL 1995, c. 393, §27 (NEW).] E. "Historic preservation programs" means programs conducted by a public or private entity that have preservation of historic properties as a primary purpose. [PL 1995, c. 393, §27 (NEW).] F. "Historic properties" means those properties that are listed or eligible for listing in the National Register of Historic Places or the State of Maine Register of Historic Places. [PL 1995, c. 393, §27 (NEW).] G. "Maximum extent feasible" applies to the occasional case when the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration must provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible must be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities would not be feasible, the facility must be made accessible to persons with other types of disabilities. [PL 1995, c. 393, §27 (NEW).] H. "New construction" includes, but is not limited to, the design and construction of facilities for first occupancy after January 1, 1996 or an alteration affecting at least 80% of the space of the internal structure of facilities after January 1, 1996. [PL 1995, c. 393, §27 (NEW).] I. "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: (1) The nature and cost of the action needed under this subchapter; (2) The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or other impacts of the action on the operation of the facility; (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees and the number, type and location of its facilities; and (4) The type of operation or operations of the covered entity, including the composition, structure and functions of the entity's work force, the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity. [PL 1995, c. 393, §27 (NEW).] J. "Standards of construction" means the standards set forth in the federal Americans with Disabilities Act Accessibility Guidelines, "ADAAG," standards. The ADAAG standards of construction replace ANSI standards and provide the architectural standards of construction. [PL 1995, c. 393, §27 (NEW).] [PL 1997, c. 630, §1 (AMD).]

2. Facilities attested. This section applies to any building or facility constructed specifically as a place of public accommodation or place of employment on or after January 1, 1996 but before March 15, 2012 or to any alterations of an existing place of public accommodation or place of employment when the alteration is begun after January 1, 1996 but before March 15, 2012, unless such construction or alteration is covered by section 4594‑G , in which case section 4594‑G and not this section applies. As an alternative to compliance with this section, any new construction or alterations covered by this section may comply with section 4594‑G. [PL 2011, c. 322, §7 (AMD).]

3. Application. Facilities subject to this section must meet the following standards. A. Places of employment or public accommodation and additions to those places constructed on or after January 1, 1996 but before March 15, 2012 must meet the standards of construction, including, but not limited to, the 5 parts of the standards of construction in paragraph B , subparagraph (2). [RR 2011, c. 1, §5 (COR).] B. Alterations are governed by the following. (1) Any alteration to a place of public accommodation, commercial facility or place of employment on or after January 1, 1996 but before March 15, 2012 must be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If existing elements, spaces or common areas are altered, then each altered element, space or area must comply with the applicable provisions of the standards of construction. (2) This subparagraph applies to only buildings remodeled or renovated or to any alterations if the estimated total costs for remodeling or renovating or for alterations to an existing building exceed $100,000. (a) Except for repairs undertaken in accordance with the rules adopted pursuant to subsection 4 , when the proposed alteration substantially affects that portion of the building normally accessible to the public, a place of employment or public accommodation altered on or after January 1, 1996 but before March 15, 2012 must meet the following 5 parts of the standards of construction or as otherwise indicated: (i) 4.3 accessible routes; (ii) 4.13 doors; (iii) Tactile warnings on doors to hazardous areas. Doors that lead to areas that might prove dangerous to a blind person, for example, doors to loading platforms, boiler rooms, stages and the like, must be made identifiable to the touch by a textured surface on the door handle, knob, pull or other operating hardware. This textured surface may be made by knurling or roughening or by a material applied to the contact surface. Textured surfaces may not be provided for emergency exit doors or any doors other than those to hazardous areas; (iv) Parking spaces for use by persons with physical disabilities pursuant to 4.1.2 of the standards of construction; and (v) 4.17 toilet stalls, at least one of which must be a standard toilet stall configuration pursuant to ADAAG figure 30(a). Any additional toilet stalls within the same toilet room may be either standard stall configuration, ADAAG figure 30(a) or alternate stall configuration ADAAG figure 30(b). (b) In addition to the 5 parts of the standards of construction specified in division (a), each of which must be met regardless of the cost of the 5 parts of the standards, when the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones and drinking fountains serving the altered area to the extent that the costs to provide an accessible path of travel do not exceed 20% of the cost of the alteration to the primary function area. If the cost to provide an accessible path of travel to the altered area exceeds 20% of the costs of the alteration to the primary function area, the path of travel must be made accessible to the extent that it can be made accessible without incurring disproportionate costs. In determining whether the 20% cost figure has been met, the following analysis must be used. The analysis must include an evaluation of whether the following elements of access have been provided, using the following order of priority, before costing 20%, regardless of other elements of access that may have been provided which may affect the path of travel: (i) An accessible entrance; (ii) An accessible route to the altered area; (iii) At least one accessible restroom for each sex or a single unisex restroom; (iv) Accessible telephones; (v) Accessible drinking fountains; and (vi) When possible, additional accessible elements such as parking, storage and alarms. The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking. (3) This subparagraph applies to only buildings remodeled or renovated or to any alterations if the estimated total costs for remodeling or renovating or for alterations to an existing building do not exceed $100,000. When the entity is undertaking an alteration that affects or could affect usability or access to an area of the facility containing a primary function, the entity shall make the alterations in a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, where the alterations to the path of travel or the bathrooms, telephones and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope. [PL 2011, c. 322, §7 (AMD).] C. This subsection may not be construed to require the installation of an elevator for a facility that is less than 3 stories in height or has less than 3,000 square feet per story unless the facility is a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation or an airport passenger terminal or a facility covered by Title II of the Americans with Disabilities Act or unless the United States Attorney General determines that a particular category of facility requires the installation of elevators based on the usage of the facility. [PL 1995, c. 393, §27 (NEW).] [RR 2011, c. 1, §5 (COR).]

4. Curb ramps. Curb ramps or other slopes are required in the following situations. A. Newly constructed or altered streets, roads and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street-level pedestrian walkway. [PL 1995, c. 393, §27 (NEW).] B. Newly constructed or altered street-level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads or highways. [PL 1995, c. 393, §27 (NEW).] [PL 1995, c. 393, §27 (NEW).]

5. Rules. The commission shall adopt, alter and amend rules designed to make facilities under this section accessible to, functional for and safe for use by persons with physical or mental disabilities in accordance with subsections 3 and 4 and shall adopt, alter and amend rules designed to enforce this section. The commission may repeal only those rules contrary to this chapter. The commission shall also adopt rules concerning procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards, maintaining, at a minimum, the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards. [PL 1995, c. 393, §27 (NEW).]

6. Barrier-free certification; inspection. If the costs of construction or alterations are at least $50,000, the builder of a facility to which this section applies must obtain a certification from an architect, professional engineer, certified interior designer or landscape architect who is licensed, certified or registered to practice under Title 32 and is practicing within the scope of that individual's profession that the plans meet the standards of construction required by this section. The builder shall provide the certification to the Office of the State Fire Marshal with the plans of the facility. The builder shall also provide the certification to the municipality where the facility exists or will be built. Nothing in this section may be construed to change the scope of practice of any individual licensed, certified or registered to practice under Title 32 . [PL 1997, c. 630, §2 (AMD).]

7. Training, education and assistance. The commission and the Office of the State Fire Marshal, with input from organizations representing individuals with disabilities, shall develop, as necessary, information packets, lectures, seminars and educational forums on barrier-free design for the purpose of increasing the awareness and knowledge of owners, architects, professional engineers, certified interior designers, landscape architects, code enforcers, building contractors, individuals with disabilities and other interested parties. [PL 1997, c. 630, §2 (AMD).]

8. Mandatory plan review; certification; inspection. Builders of newly constructed public buildings shall submit plans to the Office of the State Fire Marshal to ensure that the plans meet the standards of construction required by subsections 3 and 4 . A. For purposes of this subsection, "public building" means any building or structure constructed, operated or maintained for use by the general public, including, but not limited to, all buildings or portions of buildings used for: (1) State, municipal or county purposes; (2) Education; (3) Health care; (4) Public assembly; (5) A hotel, motel or inn; (6) A restaurant; (7) Business occupancy; or (8) Mercantile establishments occupying more than 3000 square feet. [PL 1995, c. 393, §27 (NEW).] B. The municipal authority having jurisdiction to issue building permits may not issue a building permit unless the Office of the State Fire Marshal approves the plans and certifies that the public building covered by this subsection meets the standards of construction required by this section. If no decision is rendered within 2 weeks of submission to the Office of the State Fire Marshal, the builder may submit the building permit request directly to the municipality with an attestation from an architect or professional engineer licensed or registered to practice under Title 32 that the plans meet the standards of construction. [PL 1997, c. 630, §3 (AMD).] C. If officials of the municipality in which a restaurant; motel; hotel; inn; state; municipal or county building; or an elementary or secondary school covered by this subsection is constructed, renovated, remodeled or enlarged inspect buildings for compliance with construction standards, that inspection must include an inspection for compliance with the certified plans. The municipal officials shall require that a facility covered by this paragraph be inspected for compliance with construction standards before the municipal officials permit a facility covered by this paragraph to be occupied. [PL 1995, c. 393, §27 (NEW).] [PL 1997, c. 630, §3 (AMD).]

9. Voluntary plan review. Builders of facilities not governed by subsection 8 may submit plans to the Office of the State Fire Marshal to ensure that the plans meet the standards of construction required by subsections 3 and 4 . Certification for a voluntary plan review may be provided by an architect, professional engineer, certified interior designer or landscape architect licensed, certified or registered to practice under Title 32 and practicing within the scope of that individual's profession. [PL 1997, c. 630, §4 (AMD).]

10. Waivers; variance. Builders of facilities governed by subsection 8 that are private entities, when the facilities are not to be owned or operated by, or leased to or by, a public entity, may file a petition with the State Fire Marshal requesting a waiver or variance of the standards of construction. If a representative of the Office of the State Fire Marshal determines, in cases covered by mandatory plan review pursuant to subsection 8 , that compliance with this section and its rules is structurally impracticable, the State Fire Marshal may provide for modification of, or substitution for, these standards. In all petitions for variance or waiver, the burden of proof is on the party requesting the variance or waiver to justify its allowance. [PL 1995, c. 393, §27 (NEW).]

11. Appeals relating to mandatory plan reviews. Decisions of the State Fire Marshal on requests for waivers or variances in cases covered by mandatory plan review under subsection 8 are subject to review in Superior Court upon petition of the aggrieved party within 30 days after the issuance of the decision for which review is sought. The court may enter an order enforcing, modifying or setting aside the decision of the State Fire Marshal, or it may remand the proceeding to the State Fire Marshal for further action as the court may direct. [PL 1995, c. 393, §27 (NEW).]

12. Fees. The Office of the State Fire Marshal shall establish fees for reviews, waivers or variances under this section. The Office of the State Fire Marshal shall pay all fees to the Treasurer of State to be used to carry out this chapter. Any balance of these fees does not lapse but is carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1995, c. 393, §27 (NEW).]
5 M.R.S. § 4552 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4552
5 §4552. Policy
Status: in_force

To protect the public health, safety and welfare, it is declared to be the policy of this State to keep continually in review all practices infringing on the basic human right to a life with dignity, and the causes of these practices, so that corrective measures may, where possible, be promptly recommended and implemented, and to prevent discrimination in employment, housing, education, extension of credit or access to public accommodations on account of an individual's actual or perceived race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry or national origin and in employment, extension of credit and access to public accommodations on the basis of age; and in employment and housing on the basis of familial status; and in employment because of the previous assertion of a claim or right against a prior employer under former Title 39 or Title 39‑A and because of protected activity under Title 26, chapter 7, subchapter 5‑B ; and to prevent discrimination or retaliation on the basis of an assertion of rights under this Act or interference with an individual's right to be free from discrimination prohibited under this Act. [PL 2021, c. 366, §1 (AMD).]
5 M.R.S. § 1993 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1993
5 §1993. Powers
Status: in_force

The Office of Information Technology through the Office of Geographic Information Systems shall: [PL 2005, c. 12, Pt. SS, §16 (NEW).]

1. Geographic information system. Establish, maintain and operate a geographic data base information center, develop and administer standards, subject to the approval of the Chief Information Officer, and provide geographic information system services to the public. A request to provide the Legislature or an office of the Legislature with existing information for the purposes of making policy decisions must be considered high priority; [PL 2005, c. 12, Pt. SS, §16 (NEW).]

2. GIS data repository. Create a GIS data repository for the proper management of GIS data and ensure the GIS data are documented, including ownership. Data must be stored and managed in a manner that facilitates the evolution of a distributed agency GIS network; [PL 2005, c. 12, Pt. SS, §16 (NEW).]

3. Data ownership. Maintain GIS base map data and other multipurpose data not specific to any state agency. All other GIS data are owned by the agency originally compiling the mapped data that were digitized for the GIS. Data owners are responsible for updating their GIS data and certifying its accuracy; [PL 2005, c. 12, Pt. SS, §16 (NEW).]

4. Accuracy level. Ensure that GIS data added on the GIS data repository are developed and maintained at an accuracy level and in a format that meets the GIS data standards, kept in a format that is compatible with the GIS and, upon request of a potential user, made available to the user; [PL 2005, c. 12, Pt. SS, §16 (NEW).]

5. Charges. Levy appropriate charges on those using the services provided by the office, except that charges may not be levied on the Legislature for existing information. The charges must be fixed in a schedule or schedules. The schedule of charges must be supported and explained by accompanying information and approved by the Chief Information Officer and the commissioner; and [PL 2005, c. 12, Pt. SS, §16 (NEW).]

6. Consultation with Chief Information Officer. Consult with the Chief Information Officer on all major policy issues, including fee schedules, related to the management of GIS data and development of GIS data standards. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 292 — ME Code / Title 5 / Part 1 / Chapter 14 / Section 292
5 §292. Purposes
Status: in_force

The purposes of this program are: [PL 1967, c. 493 (NEW).]

1. Selection. To attract and select college students with ambition and talent for temporary internships within Maine State Government; [PL 1967, c. 493 (NEW).]

2. Placement. To place each intern in a position of some responsibility where the intern can contribute ideas, enthusiasm and ingenuity while completing a project under the direction of a responsible state administrator; [RR 2023, c. 2, Pt. B, §39 (COR).]

3. Liaison. To encourage liaison between State Government and the various institutions of higher learning located within the State; [PL 1967, c. 493 (NEW).]

4. Recommendations. To formulate recommendations for improving the intern program and for attracting college graduates with outstanding potential into permanent positions of state employment. [PL 1967, c. 493 (NEW).]
5 M.R.S. § 4573 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4573
5 §4573. Not unlawful employment discrimination
Status: in_force

It shall not be unlawful employment discrimination: [PL 1971, c. 501, §1 (NEW).]

1. Age. [PL 1979, c. 350, §2 (RP).]

1-A. Age. To discriminate on account of age to: A. Comply with the state or federal laws relating to the employment of minors; [PL 1979, c. 350, §3 (NEW).] B. Observe the terms of any bona fide employee benefit plan such as a retirement, pension or insurance plan that does not evade or circumvent the purposes of this chapter and that complies with the Federal Age Discrimination in Employment Act, 29 United States Code, Section 621, as amended and the federal Americans with Disabilities Act, 42 United States Code, Section 12101, et seq., and federal administrative interpretations provided that: (1) No employee benefit plan requires or permits any employer to refuse or fail to hire an applicant for employment, including those exempted from the Age Discrimination in Employment Act, 29 United States Code, Section 621, as amended, because of the age of the individual; and (2) No employee benefit plan requires or permits the denial or termination of employment of any individual including those exempted from the Age Discrimination in Employment Act, 29 United States Code, Section 621, as amended, because of the age of the individual or after completion of a specified number of years of service. [PL 1995, c. 393, §15 (AMD).] [PL 1995, c. 393, §15 (AMD).]

2. Records. After employment or admission to membership, to make a record of such features of an individual as are needed in good faith for the purpose of identifying the individual, provided the record is intended and used in good faith solely for identification, and not for the purpose of discrimination in violation of this Act. Records regarding physical or mental disability that are collected must be collected and maintained on separate forms and in separate files and be treated as confidential records; [PL 2019, c. 667, Pt. A, §9 (AMD).]

3. Required records. To record any data required by law, or by the rules and regulations of any state or federal agency, provided the records are recorded and kept in good faith for the purpose of complying with law, and are not used for the purpose of discrimination in violation of this Act; [PL 1995, c. 393, §17 (AMD).]

4. Discharge of or refusal to hire employee with physical or mental disability. [PL 1995, c. 393, §18 (RP).]

5. Federal Indian policy. Nothing in this Act may be construed to prohibit any employment policy or action that is permitted under 42 United States Code, Section 2000e‑2(i) (1982) of the federal Equal Employment Opportunity Act governing employment of Indians; [PL 2013, c. 576, §1 (AMD).]

6. Infectious and communicable diseases. Assignment of individuals with an infectious or communicable disease is governed by the following. A. In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the United States Secretary of Health and Human Services under the federal Americans with Disabilities Act, Title I, Section 103(d)(1), and which can not be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign the individual a job involving food handling. [PL 1995, c. 393, §20 (NEW).] B. Nothing in this Act may be construed to preempt, modify or amend any state, county or local law, ordinance, rule or regulation applicable to food handling that is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which can not be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the United States Secretary of Health and Human Services; and [PL 2013, c. 576, §2 (AMD).] [PL 2013, c. 576, §2 (AMD).]

7. Veteran preference. For a private employer to apply a voluntary veteran preference, pursuant to Title 26, chapter 7, subchapter 11 , to employment decisions regarding hiring, promotion or retention during a reduction in workforce. [PL 2013, c. 576, §3 (NEW).]
5 M.R.S. § 117 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 117
5 §117. Rules
Status: in_force

The Secretary of State may adopt rules consistent with this chapter pertaining to the filing of documents with the Secretary of State. These rules may include, but are not limited to: [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

1. Forms. Prescribing forms for documents required or permitted to be delivered for filing under this chapter and refusing to file documents not using these prescribed forms; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Disapproved filing. Disapproving the filing of a document that is not clearly legible or one that may not be clearly reproducible photographically; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Appointed designee. Appointing a designee or other agent to receive documents for filing and to file documents on behalf of the Secretary of State; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Electronic filing; facsimile signatures. Permitting the filing of documents by electronic transmission and permitting facsimile signatures on documents to be filed; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

5. Effective dates of filings. Unless specifically stated in this chapter, setting forth the effective dates of filings required by this chapter. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 6207 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6207
5 §6207. Acquisition criteria
Status: in_force

1. Distribution of funds. The board shall authorize the distribution of funds from the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public Access to Maine Waters Fund to state agencies and cooperating entities for the acquisition of natural lands that meet the criteria set forth in this chapter. [PL 2023, c. 284, §15 (AMD).]

2. Determination of statewide significance. In determining whether a proposed acquisition may be funded, in full or in part, by the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund or the Public Access to Maine Waters Fund, the board shall consider whether the site is of statewide significance and: A. Contains recreation lands, prime physical features of the Maine landscape, areas of special scenic beauty, farmland or open space, undeveloped shorelines, significant undeveloped archeological sites, wetlands, fragile mountain areas or lands with other conservation, wilderness or recreation values; [PL 2007, c. 64, §1 (AMD).] B. Is habitat for plant or animal species or natural communities considered rare, threatened or endangered in the State; [PL 2007, c. 353, §1 (AMD).] C. Provides nonmotorized or motorized public access to recreation opportunities or those natural resources identified in this section; [PL 2021, c. 409, §2 (AMD).] D. Provides public water supply protection when that purpose is consistent and does not conflict with the natural resource conservation and recreation purposes of this chapter; or [PL 2021, c. 409, §2 (AMD).] E. Contains deer wintering areas and satisfies all the requirements of subsection 3, paragraph A . [PL 2021, c. 409, §2 (NEW).] [PL 2025, c. 471, Pt. A, §9 (AMD).]

3. Priorities. Whenever possible, the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public Access to Maine Waters Fund must be used for land acquisition projects when matching funds are available from cooperating entities, as long as the proposed acquisition meets all other criteria set forth in this chapter. For acquisitions funded by the Land for Maine's Future Trust Fund and the Conservation and Recreation Fund, the board shall give priority to projects that conserve lands with multiple outstanding resource or recreation values or a single exceptional value, that help the State's natural ecosystems, wildlife and natural resource-based economies adapt to a changing climate, that provide geographic representation and that build upon or connect existing holdings. A. When evaluating projects to be funded, the board shall give a preferential consideration to projects that conserve lands that have been determined by the Department of Inland Fisheries and Wildlife to be important for conserving deer in northern, eastern and western Maine. To be given preferential consideration under this paragraph, a project must result in the acquisition of a fee interest or an easement interest in the land, the department's holding the interest in the land and the department's managing the land area as a wildlife management area, as defined in Title 12, section 10001, subsection 74 , with deer conservation as the highest management priority. Only projects that satisfy the requirements of this paragraph may be given preferential consideration. Nothing in this paragraph limits the ability of the board to use the Land for Maine’s Future Trust Fund or the Conservation and Recreation Fund to fund other projects that may also help conserve deer or deer habitat but that do not receive preferential consideration under this paragraph. [PL 2023, c. 284, §15 (AMD).] When acquiring land or interest in land, the board shall examine public vehicular access rights to the land and, whenever possible and appropriate, acquire guaranteed public vehicular access as part of the acquisition. [PL 2023, c. 284, §15 (AMD).]

4. Nonqualifying expenditures. The board may not fund: A. Facilities for organized recreational activities, including, but not limited to, ballparks, tennis courts or playgrounds; [PL 1987, c. 506, §§1,4 (NEW).] B. Except as provided in section 6203‑A, subsection 3, paragraph B , section 6203‑D, subsection 2 and section 6203‑E, subsection 3, paragraph B , capital improvements on any publicly owned facilities; and [PL 2023, c. 284, §15 (AMD).] C. The acquisition of a fee interest in land of which the primary use has been and will be as commercially harvested or harvestable forest land. [PL 2025, c. 471, Pt. A, §10 (AMD).] [PL 2025, c. 471, Pt. A, §10 (AMD).]

5. Estimation of monitoring and management costs. Prior to final approval of a project under this chapter, a person submitting a proposal to acquire property or an interest in property with funding from the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund or the Public Access to Maine Waters Fund shall provide: A. A description of the management envisioned for the property for the first 10 years following acquisition. When the application proposes acquiring an interest in property, the application must provide a description of the anticipated management responsibilities retained by the landowner and those to be assumed by the State or a cooperating entity; [PL 2001, c. 564, §1 (NEW).] B. Preliminary estimates of the costs to the State or a cooperating entity of managing the land for the uses proposed in the application; and [PL 2001, c. 564, §1 (NEW).] C. Preliminary estimates of the costs associated with monitoring compliance with an easement when an interest in land is acquired. [PL 2001, c. 564, §1 (NEW).] [PL 2023, c. 284, §15 (AMD).]

6. Public uses. Hunting, fishing, trapping and public access may not be prohibited on land acquired with proceeds from the Land for Maine's Future Trust Fund or the Conservation and Recreation Fund, except to the extent prohibited by applicable state, local or federal laws, rules and regulations and except for working waterfront projects and working farmland preservation projects. [PL 2023, c. 284, §15 (AMD).]
5 M.R.S. § 17157 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17157
5 §17157. Interest and dividend credits
Status: in_force

All interest and dividends earned on the funds of the retirement system shall be credited to the Retirement Allowance Fund. [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. Transfer to Members' Contribution Fund. The board shall periodically allow regular interest on the individual accounts of members in the Members' Contribution Fund and shall transfer those amounts from the Retirement Allowance Fund to the Members' Contribution Fund. [PL 1989, c. 95, §2 (AMD).]

2. Transfer to Survivors' Benefit Fund. [PL 2007, c. 249, §18 (RP).]
5 M.R.S. § 2029 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2029
5 §2029. Waiver of prohibitions; legislative branch
Status: in_force

The Legislative Council, established in Title 3, section 161 , or its 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. § 17106-B — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17106-B
5 §17106-B. Disability retirement; medical review
Status: in_force

1. Disability retirement forms; assessment. The chief executive officer shall develop and make easily accessible to health care providers in this State a disability form that allows a health care provider to provide an assessment of a member's ability to work after taking into account the member's mental or physical disability under the standards of this Part. References in this section to "disability form" refer to the form developed by the chief executive officer. A member seeking disability retirement shall cooperate with the chief executive officer in obtaining the member's medical records and may obtain an assessment from the health care provider of the member's ability to work after taking into account the member's mental or physical disability, and, if the health care provider finds that the member is disabled under the standards of this Part, the health care provider, at the request of the member, may file with the chief executive officer a disability form signed by the health care provider. The health care provider shall also provide a copy of the form to the member. The chief executive officer may find that a member has a mental or physical disability and is eligible for disability retirement based on the information provided in the form and medical records. The chief executive officer may seek, receive and consider recommendations and opinions from the medical review service provider in making this determination. [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Medical review. If the chief executive officer is unable to determine whether a member is eligible for disability retirement based on the information provided under subsection 1 , the chief executive officer shall direct the member to have an independent medical examination by an independent health care provider. The member may waive the independent medical examination, in which case the chief executive officer may determine that the member is not eligible for disability retirement. The member may appeal this determination under subsection 3 . A. The retirement system shall pay all fees of the independent health care provider. The independent health care provider may not be a state employee and may not have any association with the retirement system other than providing independent medical examinations or medical consultations and receiving payment for these services and, unless the member consents in writing, may not have previously examined or treated the member with respect to the member's mental or physical disability. [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF).] B. The member may have a representative present at the independent medical examination, who may be a union representative, an attorney, a health care provider or any individual of the member's choice. The retirement system shall reimburse the member's representative as follows: (1) If the representative is a health care provider, the retirement system shall pay that health care provider a standard per diem rate established by the board and a reasonable mileage reimbursement; and (2) Any other representative of the member may be paid a reasonable mileage reimbursement only. [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF).] [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

3. Disability determination; appeal. After an independent medical review under subsection 2 , the chief executive officer or the chief executive officer's designee shall make a determination of eligibility for disability retirement based upon the totality of the evidence and in accordance with subsection 4 . The chief executive officer or the chief executive officer's designee may obtain recommendations or opinions from the medical review service provider to assist in this determination. A determination by the chief executive officer or the chief executive officer's designee that the member is not disabled may be appealed by the member to a hearing officer, who shall hear the appeal in accordance with section 17106‑A . The board shall by rule provide for procedures for the member to participate in selection of the hearing officer who will hear the member's appeal. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

4. Medical evidence. When reviewing medical evidence in making determinations of disability, the board, chief executive officer and hearing officers shall primarily consider medical opinions in the record and whether the opinions are supported by sound medical evidence and are consistent with other medical evidence in the record. [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

5. Attorney's fees. If a member has retained services of an attorney to represent the member before a hearing officer or in a court proceeding on appeal of a board decision, the fee arrangement has been approved by the hearing officer or the court and the attorney obtains a favorable result for the member, the attorney's fees must be paid by the retirement system, up to a maximum of $12,000. The fee arrangement may be a contingency fee, in which case the payment by the retirement system must be applied toward the satisfaction of the contingency fee. [PL 2021, c. 277, §18 (NEW); PL 2021, c. 277, §45 (AFF).]
5 M.R.S. § 18526 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18526
5 §18526. Examinations or tests
Status: in_force

Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 18521, subsection 1, paragraph D ; section 18524 ; section 18529, subsection 2, paragraph B ; or section 18533, subsection 3, paragraph A are governed as follows. [PL 2021, c. 277, §36 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

1. Agreed upon health care provider. The examinations or tests must be conducted by a health care provider mutually agreed upon by the chief executive officer and the member claiming to be disabled. [PL 2021, c. 277, §36 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Agreed upon place. The examinations or tests must be conducted at the health care provider's office or facility or at a place mutually agreed upon by the chief executive officer and the member claiming to be disabled. [PL 2021, c. 277, §36 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

3. Costs. The costs incurred under subsections 1 and 2 must be paid by the retirement system. [PL 2021, c. 277, §36 (AMD); PL 2021, c. 277, §45 (AFF).]
5 M.R.S. § 304 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 304
5 §304. Approval of construction projects
Status: in_force

A construction project may not be initiated in the Capitol Area for the development of state buildings and grounds following the adoption of the plan or amendments and additions thereto by the Legislature without the approval of the Legislative Council, the Bureau of General Services and the commission of the proposals and plans for the project. [PL 2011, c. 691, Pt. B, §6 (AMD).]
5 M.R.S. § 25 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 25
5 §25. Exclusion of testimony and information from protection
Status: in_force

1. Liability of state employees. This chapter does not authorize the presentation to a legislative committee or protect any state employee who presents to a legislative committee the following: A. Slander; and [PL 1985, c. 167 (NEW).] B. Libel. [PL 1985, c. 167 (NEW).] [PL 1985, c. 167 (NEW).]
5 M.R.S. § 4614 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4614
5 §4614. Attorney's fees and costs
Status: in_force

In any civil action under this Act, the court, in its discretion, may allow the prevailing party reasonable attorney's fees and costs, except that the commission may not be awarded attorney's fees and costs and is not liable to pay any party's attorney's fees and costs. [PL 2019, c. 465, §7 (AMD).]
5 M.R.S. § 1826-A — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1826-A
5 §1826-A. Purpose and intent
Status: in_force

The Legislature finds that the goal of integrating persons with disabilities into all aspects of community life is enhanced by providing expanded markets for products and services of work centers. The Legislature further believes that work centers provide a valuable means of transitional employment for the State's disabled population and for some, such as the most severely disabled persons, they may offer the only opportunities available for long-term, gainful employment. [PL 2003, c. 515, §1 (AMD).]

In order to assure continued opportunities for persons with disabilities to obtain this employment through work centers, it is the intent of the Legislature to provide reliable and steady income and job opportunities to work centers. It is the purpose of this section and sections 1826‑B and 1826‑C to ensure that some portion of state purchases for commodities and services be available to work centers. [RR 2015, c. 1, §1 (COR).]
5 M.R.S. § 90-G — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-G
5 §90-G. Marriage officiant license; term of license; renewal of license
Status: in_force

1. Appointment and renewal. The Secretary of State may license and renew a license of a marriage officiant who: A. Is 18 years of age or older; [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] B. Is a resident of this State; and [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] C. Demonstrates a proficiency in the English language. [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).]

2. Term. A license issued under this section is for a term of 7 years. [RR 2021, c. 2, Pt. A, §4 (COR).]

3. Rules. The Secretary of State shall adopt rules relating to the licensing of marriage officiants. The rules must include criteria and a procedure to be applied by the Secretary of State in licensing and renewal. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).]

4. Notice of expiration of license. The Secretary of State shall provide notice to the licensee of the expiration of a marriage officiant license 30 days prior to the expiration date. The notice must be in a form or format as determined by rule by the Secretary of State. The failure of a licensee to receive a notice under this subsection does not affect the expiration date of the license. [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).]

5. Grounds for denial, revocation, suspension or nonrenewal. The Secretary of State may, upon notice and an opportunity for hearing pursuant to chapter 375, subchapter 5 , deny an application under this section or suspend, revoke or refuse to renew a license issued under this section upon a determination that the applicant or licensee: A. Does not meet the requirements of subsection 1 ; [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] B. Has failed to comply with any requirement applicable to a marriage officiant set forth in Title 19‑A, chapter 23 ; or [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] C. Has failed to comply with rules adopted by the Secretary of State pursuant to this section. [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).]

6. Marriage officiant license. The Secretary of State shall issue a marriage officiant license to every notary public commissioned for the equivalent term of the notary public's commission, unless the notary public declines to have the marriage officiant license by providing written notice to the Secretary of State on a form designed by the Secretary of State. [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).]
5 M.R.S. § 1984 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1984
5 §1984. Internal services fund accounts
Status: in_force

The office may establish internal services fund accounts. These funds include, but are not limited to, appropriations made to the office, funds transferred to the office from within the department and funds received for data processing and telecommunications planning services rendered to state agencies. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 15301 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15301
5 §15301. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

1. Institute. "Institute" means the Maine Technology Institute. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

1-A. Accelerator. "Accelerator" means a program that supports entrepreneurs by providing training, business assistance and mentors in a time-limited training program. [PL 2017, c. 109, §1 (NEW).]

1-B. Entrepreneurial support system. "Entrepreneurial support system" means a network of organizations and programs in the State that facilitate entrepreneurial growth including capital providers, chambers of commerce, local governments, economic development organizations, universities, incubators and accelerators. [PL 2017, c. 109, §1 (NEW).]

1-C. Incubator. "Incubator" means a program that supports entrepreneurs by providing training, business assistance and mentors and office, manufacturing or laboratory space. [PL 2017, c. 109, §1 (NEW).]

2. Targeted technologies. "Targeted technologies" means biotechnology, aquaculture and marine technology, composite materials technology, environmental technology, advanced technologies for forestry and agriculture, information technology and precision manufacturing technology. These targeted technologies may be amended only by the Legislature. [PL 1999, c. 401, Pt. AAA, §3 (NEW).]

2-A. Technology transfer. "Technology transfer" means the disclosure, protection and licensing of intellectual property including patents, trademarks, copyrights and trade secrets. [PL 2017, c. 109, §2 (NEW).]

3. SBIR program. "SBIR program" means the small business innovation research program enacted pursuant to the federal Small Business Innovation Development Act of 1982, Public Law 97-219, which provides funds to small businesses to conduct innovation research having commercial application. [PL 1999, c. 608, §11 (NEW).]

4. Small business. "Small business" as related to eligibility to participate in the SBIR program is defined pursuant to 13 Code of Federal Regulations, Section 121. [PL 1999, c. 608, §11 (NEW).]
5 M.R.S. § 4701 — ME Code / Title 5 / Part 12 / Chapter 337-C / Section 4701
5 §4701. Remedies for human trafficking
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Trafficked person" means a victim of a human trafficking offense. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] B. "Criminal proceeding" includes the investigation and prosecution of criminal charges. A criminal proceeding remains pending until final adjudication in the trial court. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] C. "Human trafficking offense" includes: (1) Aggravated sex trafficking and sex trafficking under Title 17‑A, sections 852 and 853 , respectively, and criminal forced labor and aggravated criminal forced labor under Title 17‑A, sections 304 and 305 , respectively; and (2) Except as provided in subparagraph (1), all offenses in Title 17‑A, chapters 11 , 12 and 13 if accompanied by the destruction, concealment, removal, confiscation or possession of any actual or purported passport or other immigration document or other actual or purported government identification document of the other person or done using any scheme, plan or pattern intended to cause the other person to believe that if that person does not perform certain labor or services, including prostitution, that the person or a 3rd person will be subject to a harm to their health, safety or immigration status. [PL 2019, c. 501, §2 (AMD).] [PL 2019, c. 501, §2 (AMD).]

2. Civil action for damages, relief. A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. A prevailing plaintiff is entitled to an award of attorney's fees and costs. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]

3. Statute of limitations. An action brought pursuant to this section must be commenced within 10 years of the date on which the trafficked person was freed from the trafficking situation. A. If a person entitled to bring an action under this section is under disability when the cause of action accrues so that it is impossible or impracticable for the person to bring an action, the time during which the person is under disability tolls the running of the time limit for the commencement of the action. For the purposes of this paragraph, a person is under disability if the person is a minor or is mentally ill, imprisoned, outside the United States or otherwise incapacitated or incompetent. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] B. The statute of limitations is tolled for an incompetent or minor plaintiff even if a guardian ad litem has been appointed. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] C. A defendant is estopped from asserting a defense of the statute of limitations if the trafficked person did not file before the expiration of the statute of limitations due to: (1) Conduct by the defendant inducing the plaintiff to delay the filing of the action or preventing the plaintiff from filing the action; or (2) Threats made by the defendant that caused duress to the plaintiff. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] D. The statute of limitations is tolled during the pendency of any criminal proceedings against the trafficked person. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).] [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]

4. Cause of action on trafficked person's behalf. A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased. [PL 2007, c. 684, Pt. B, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]
5 M.R.S. § 18503 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18503
5 §18503. Examination or tests
Status: in_force

The examination or tests to determine whether a member is disabled under section 18501 are governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).]

1. Agreed upon health care provider. The examination or tests must be conducted by a health care provider mutually agreed upon by the chief executive officer and member claiming to be disabled. [PL 2021, c. 277, §32 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

2. Agreed upon place. The examination or tests must be conducted at the health care provider's office or facility or at a place mutually agreed upon by the chief executive officer and member claiming to be disabled. [PL 2021, c. 277, §32 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

3. Costs. The costs incurred under subsections 1 and 2 must be paid by the retirement system. [PL 2021, c. 277, §32 (AMD); PL 2021, c. 277, §45 (AFF).]
5 M.R.S. § 8057 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8057
5 §8057. Compliance
Status: in_force

1. Rules; exception. Rules adopted in a manner other than that prescribed by section 8052, subsections 1 , 2 , 3 , 4 , 5‑A and 7 and by sections 8053 and 8054 are void and of no legal effect, except that insubstantial deviations from the requirements of section 8053 do not invalidate the rule subsequently adopted. Rules in effect prior to July 1, 1978 become void and of no legal effect on July 1, 1979, unless originally adopted after notice published in a newspaper of general circulation in some area of the State and opportunity for hearing or unless adopted in accordance with this subchapter. [PL 2007, c. 181, §5 (AMD).]

2. Rules not approved. Rules not approved and filed in the manner prescribed by section 8056, subsection 1, paragraphs A and B, shall be void and of no legal effect. Rules in effect prior to July 1, 1978, become void and of no legal effect on December 31, 1979, unless filed with the Secretary of State in accordance with section 8056, subsection 1, paragraph B . [PL 1979, c. 425, §10 (AMD).]

3. Agency, responsibility. The requirements of this subchapter do not relieve any agency of the responsibility of compliance with any statute requiring that its rules be filed with or approved by any designated person before they become effective. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 1974 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1974
5 §1974. Other powers and duties of Chief Information Officer
Status: in_force

1. Approve the acquisition and use of equipment. The Chief Information Officer, working with the Division of Purchases and in accordance with written standards established by this chapter, shall approve acquisition and use of all data processing and telecommunications services, equipment and systems by state agencies. [PL 2001, c. 388, §14 (NEW).]

2. Develop training and development programs in data processing. The Chief Information Officer is responsible for developing training and development programs for state employees in data processing and for the implementation of these programs. [PL 2001, c. 388, §14 (NEW).]

3. Develop and administer written standards for data processing and telecommunications. The Chief Information Officer shall develop and administer written standards for data processing and telecommunications. These written standards pertain to: A. Acquisition of equipment; [PL 2001, c. 388, §14 (NEW).] B. Acquisition of computer software and systems; [PL 2001, c. 388, §14 (NEW).] C. Development of computer systems and computer programs; [PL 2001, c. 388, §14 (NEW).] D. Computer operations; and [PL 2001, c. 388, §14 (NEW).] E. Any other standards determined necessary by the Chief Information Officer and the board. [PL 2001, c. 388, §14 (NEW).] [PL 2005, c. 12, Pt. SS, §12 (AMD).]

4. Board approval required for written standards for data processing and telecommunications. [PL 2005, c. 12, Pt. SS, §13 (RP).]

5. Develop and implement strategic and departmental planning process. The Chief Information Officer, with the participation of the affected state agencies, shall develop and maintain strategic planning initiatives for all of State Government and specific state agencies for data processing and telecommunications. The Chief Information Officer is responsible for assisting state agencies in implementing the planning process. The Chief Information Officer shall submit a report on the planning process to the Governor and the Legislature at the beginning of each legislative session. [PL 2005, c. 12, Pt. SS, §14 (AMD).]

6. Report to the Legislature. The Chief Information Officer shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 31st of each year with respect to the achievements, the problems and the procedures planned for resolving the problems of the office and its mission. This report must include a complete compilation of written standards for data processing and telecommunications. [PL 2005, c. 12, Pt. SS, §14 (AMD).]
5 M.R.S. § 19501 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19501
5 §19501. Policy
Status: in_force

It is the policy of the State to ensure that the legal and human rights of all persons with disabilities residing in the State are protected through the establishment of a protection and advocacy system pursuant to 29 United States Code, Section 794(e), 42 United States Code, Section 6042 et seq., as recodified, and Section 10801 et seq. [PL 2001, c. 357, §2 (AMD).]
5 M.R.S. § 17921 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17921
5 §17921. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 409, §§8, 12 (NEW).]

1. Disabled. "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A. The incapacity is expected to be permanent; [PL 1989, c. 409, §§8, 12 (NEW).] B. That the member is unable to perform the essential functions of the member's employment position with reasonable accommodation; [PL 2021, c. 277, §21 (AMD); PL 2021, c. 277, §45 (AFF).] C. After the incapacity has continued for 2 years, the incapacity must render the member unable to engage in any substantially gainful activity for which the member is qualified by training, education or experience; and [PL 1989, c. 409, §§8, 12 (NEW).] D. The incapacity may be revealed by examinations or tests conducted in accordance with section 17926 . [PL 1989, c. 409, §§8, 12 (NEW).] [PL 2021, c. 277, §21 (AMD); PL 2021, c. 277, §45 (AFF).]

2. Employment position. "Employment position" means: A. The position in which the member is employed at the time the member becomes incapacitated; or [PL 1989, c. 409, §§8, 12 (NEW).] B. A position of comparable stature and equal or greater compensation and benefits which is made available to the member by the member's employer. [PL 1989, c. 409, §§8, 12 (NEW).] [PL 1989, c. 409, §§8, 12 (NEW).]
5 M.R.S. § 200-M — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-M
5 §200-M. Accidental Drug Overdose Death Review Panel
Status: in_force

There is created, within the Office of the Attorney General, the Accidental Drug Overdose Death Review Panel, referred to in this section as "the panel," in order to recommend to state, county and local agencies methods of preventing deaths as the result of accidental drug overdoses including modification or enactment of laws, rules, policies and procedures. For purposes of this section, "accidental drug overdoses" means those overdoses that are presumed to be self-administered by an individual and excludes any overdose that occurs within a licensed health care facility. [PL 2021, c. 292, §1 (NEW).]

1. Composition. The panel consists of the following members: A. The Chief Medical Examiner, ex officio; [PL 2021, c. 292, §1 (NEW).] B. The Commissioner of Public Safety, ex officio; [PL 2021, c. 292, §1 (NEW).] C. The director of the office of behavioral health within the Department of Health and Human Services, ex officio; [PL 2021, c. 292, §1 (NEW).] D. The Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services, ex officio; [PL 2021, c. 292, §1 (NEW).] E. The Chief Justice of the Supreme Judicial Court, ex officio; [PL 2021, c. 292, §1 (NEW).] F. A prosecutor, nominated by a statewide association of prosecutors and appointed by the Attorney General; [PL 2021, c. 292, §1 (NEW).] G. A police chief, nominated by a statewide association of chiefs of police and appointed by the Attorney General; [PL 2021, c. 292, §1 (NEW).] H. A sheriff, nominated by a statewide association of sheriffs and appointed by the Attorney General; [PL 2021, c. 292, §1 (NEW).] I. One or more physicians who treat substance use disorder, appointed by the Governor; [PL 2021, c. 292, §1 (NEW).] J. An emergency medical services representative, appointed by the Commissioner of Public Safety; [PL 2021, c. 292, §1 (NEW).] K. An expert in harm reduction strategies, appointed by the Governor; [PL 2021, c. 292, §1 (NEW).] L. An academic research professor with experience in reviewing drug overdose deaths, appointed by the Attorney General; [PL 2021, c. 292, §1 (NEW).] M. A representative of families affected by drug overdose deaths, appointed by the Governor; [PL 2021, c. 292, §1 (NEW).] N. A person in recovery from substance use disorder, appointed by the Governor; and [PL 2021, c. 292, §1 (NEW).] O. The director of opioid response within the Office of Policy Innovation and the Future, ex officio, who shall chair the panel. [PL 2021, c. 292, §1 (NEW); PL 2021, c. 293, Pt. A, §18 (REV).] In making appointments to the panel, the appointing authorities shall take into consideration the racial and ethnic diversity of the State. [PL 2021, c. 292, §1 (NEW); PL 2021, c. 293, Pt. A, §18 (REV).]

2. Designees; terms of office. An ex officio member may appoint a designee to represent the ex officio member on the panel. 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. Appointed members of the panel shall serve for a term of 3 years. Any vacancy on the panel must be filled in the same manner as the original appointment but for the unexpired term. [PL 2021, c. 292, §1 (NEW).]

3. Meetings. 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 twice per year. The panel's chair shall call the first meeting before July 1, 2021. [PL 2021, c. 292, §1 (NEW).]

4. Powers and duties. The panel shall examine a subset of the deaths associated with accidental drug overdoses, taking into consideration the racial and ethnic composition of the population of individuals whose deaths are associated with an accidental drug overdose. The deaths selected for review must be recommended by the Chief Medical Examiner or the Chief Medical Examiner's designee or by an individual with whom the Office of the Attorney General contracts for services. Notwithstanding any provision of law to the contrary, the panel may review information surrounding an accidental drug overdose that was not fatal, as long as review of such a case promotes the purpose of the panel under this section. The panel shall recommend to state, county and local agencies methods of preventing deaths as the result of accidental drug overdoses including modification or enactment of laws, rules, policies and procedures. [PL 2021, c. 292, §1 (NEW).]

5. Access to information, records and materials. In any case subject to review by the panel, upon oral or written request of the panel, notwithstanding any provision of law to the contrary, any person that 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. [PL 2021, c. 292, §1 (NEW).]

6. Confidentiality. The proceedings and records of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The Office of the Attorney General shall disclose conclusions of the panel upon request, but may not disclose information, records or data that are otherwise classified as confidential. [PL 2021, c. 292, §1 (NEW).]

7. Noninterference. A review by the panel under this section is subject to and may not interfere with the authority and responsibility of the Attorney General to investigate and prosecute homicides pursuant to Title 5, section 200‑A . [PL 2021, c. 292, §1 (NEW).]
5 M.R.S. § 7054-C — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7054-C
5 §7054-C. Person with disability preference
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more of the person's major life activities. [PL 2019, c. 343, Pt. QQQ, §1 (AMD).] B. [PL 2019, c. 343, Pt. QQQ, §1 (RP).] C. "Special appointment program" means the program established by rule by the Department of Administrative and Financial Services, Bureau of Human Resources to provide persons with disabilities increased access to positions in the classified service. [PL 2017, c. 261, §1 (NEW).] D. [PL 2019, c. 343, Pt. QQQ, §1 (RP).] [PL 2019, c. 343, Pt. QQQ, §1 (AMD).]

2. Interview. In filling a position in the classified service, the employing agency shall offer an interview to a person with a disability who meets the minimum qualifications established for the position. [PL 2019, c. 343, Pt. QQQ, §1 (AMD).]

3. Guidance and referral if not hired. If a person with a disability applies for a position described in subsection 2 but is not selected, the Department of Administrative and Financial Services, Bureau of Human Resources shall provide guidance to the person regarding other available state positions for which the person might qualify. The Bureau of Human Resources may also refer the person to the Department of Labor, Bureau of Rehabilitation Services for potential vocational rehabilitation services, including opportunities in the special appointment program. [PL 2019, c. 343, Pt. QQQ, §1 (AMD).]

4. Retention preference. In any reduction in personnel in the state service, employees who are persons with disabilities must be retained in preference to all other competing employees in the same classification with equal seniority, status and performance reviews. [PL 2019, c. 343, Pt. QQQ, §1 (AMD).]

5. Right to nondisclosure. A person with a disability has the right to not disclose that person's disability at the time of hire but may not assert a right to a retention preference pursuant to subsection 4 at a later date. [PL 2019, c. 343, Pt. QQQ, §1 (AMD).]
5 M.R.S. § 18663 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18663
5 §18663. Withdrawal of local districts
Status: in_force

Any local district participating in the group life insurance program under this subchapter may withdraw from further participation by filing with the board a duly certified copy of the results of the vote of the body that would be entitled to approve participation in the Participating Local District Retirement Program under section 18201 . This certification must include certification to the board that equivalent coverage has been provided. [PL 2007, c. 491, §250 (AMD).]

1. Continuous coverage. In order to provide continuous coverage, withdrawal of a local district under this section is not effective until equivalent coverage is made available to current active and retired employees of the district. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Effective date. Withdrawal is effective on the last day of the last full pay period before the end of the month following the month in which the certification under subsection 1 is received by the board. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 143 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 143
5 §143. Register of investments and Treasurer of State's report
Status: in_force

The Treasurer of State shall keep a register of all investments made under section 142, showing the date, amount and number of each bond, by whom issued and the time when it will mature, and in the Treasurer of State's annual report to the Governor, the Treasurer of State shall include an exhibit of the condition of those sinking funds. [RR 2023, c. 2, Pt. B, §22 (COR).]
5 M.R.S. § 1825-H — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-H
5 §1825-H. Deadline for adoption of rules
Status: in_force

The Chief Procurement Officer shall adopt rules implementing this subchapter no later than January 1, 1991. [PL 2023, c. 516, Pt. B, §28 (AMD).]
5 M.R.S. § 13090-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-A
5 §13090-A. Economic Opportunity Fund
Status: in_force

1. Creation. The Economic Opportunity Fund, referred to in this section as the "fund," is created under the jurisdiction and control of the department. [PL 1991, c. 780, Pt. N, §1 (NEW).]

2. Sources of money. The fund consists of the following: A. All money appropriated or allocated for inclusion in the fund, from whatever source; [PL 1991, c. 780, Pt. N, §1 (NEW).] B. Subject to any pledge, contract or other obligation, all interest, dividends or other pecuniary gains from investment of money from the fund; [PL 1991, c. 780, Pt. N, §1 (NEW).] C. Subject to any pledge, contract, fee or other obligation, any money that the department receives in repayment of advances from the fund; and [PL 1991, c. 780, Pt. N, §1 (NEW).] D. Any other money available to the department and directed by the department to be paid into the fund. [PL 1991, c. 780, Pt. N, §1 (NEW).] [PL 1991, c. 780, Pt. N, §1 (NEW).]

3. Application of fund. Money in the fund may be applied to carry out any power of the department under or in connection with section 13090‑B or to pay obligations incurred in connection with the fund. Money in the fund not needed to meet the obligations of the department as provided in this section may accrue interest and be invested in a manner permitted by law. [PL 1991, c. 780, Pt. N, §1 (NEW).]

4. Allocations from fund. The department may request allocations from the fund as it determines necessary or convenient to carry out this article, including, but not limited to, allocations for grants or loans. [PL 1991, c. 780, Pt. N, §1 (NEW).]

5. Revolving fund. The fund is a nonlapsing, revolving fund. The department shall apply continuously all money in the fund to carry out this article. [PL 1991, c. 780, Pt. N, §1 (NEW).]
5 M.R.S. § 24 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 24
5 §24. Presentation of testimony and information
Status: in_force

1. Type of information. This chapter protects any state employee who, in compliance with this chapter, presents testimony or information relating to departments or agencies of State Government and which testimony or information pertains to: A. Successes, failures or problems of current programs; [PL 1985, c. 167 (NEW).] B. Advantages, disadvantages or other relevant information about proposed programs; and [PL 1985, c. 167 (NEW).] C. The means of improving existing programs and alternatives to existing programs. [PL 1985, c. 167 (NEW).] [PL 1985, c. 167 (NEW).]
5 M.R.S. § 13083-D — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-D
5 §13083-D. Property of authority
Status: in_force

The authority may lease, sell or transfer property or interests in property owned by the authority. A person may not hold any pecuniary interest in property owned by the authority while that person is a member of the board of trustees. [PL 2005, c. 367, §6 (AMD).]
5 M.R.S. § 1754 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1754
5 §1754. Guidance regarding integration of bird collision risk management into public improvements
Status: in_force

The Department of Administrative and Financial Services, Bureau of General Services, referred to in this section as "the bureau," shall develop guidance regarding the integration of bird collision risk management into public improvements. The bureau, to the extent it determines appropriate considering all relevant factors, shall follow the guidance in the construction of public improvements and renovations of public improvements in which more than 50% of a building facade is substantially altered. The guidance is not applicable to public buildings, landscapes or districts listed on the National Register of Historic Places or determined by the Maine Historic Preservation Commission, created pursuant to Title 27, section 502 , to be eligible for inclusion on the National Register of Historic Places, including the State House and the Blaine House. [PL 2023, c. 221, §1 (NEW).]

1. Development of guidance. The guidance for reducing bird collisions with public buildings and improvements must: A. Be developed in consultation with expert stakeholders, including, but not limited to, state or federal natural resource agencies with expertise in bird conservation; nongovernmental organizations with expertise in bird conservation; representatives from the building and design community; and representatives of green building or bird safe building certification programs; [PL 2023, c. 221, §1 (NEW).] B. Include an explanation of architectural design threats and landscape design threats to birds; [PL 2023, c. 221, §1 (NEW).] C. Include an explanation of the cost differentials and comparative effectiveness of materials, designs and other methods for reducing bird collisions; [PL 2023, c. 221, §1 (NEW).] D. Include an explanation of other considerations for reducing bird collisions; and [PL 2023, c. 221, §1 (NEW).] E. Be available on the bureau's publicly accessible website. [PL 2023, c. 221, §1 (NEW).] [PL 2023, c. 221, §1 (NEW).]

2. Reports. The bureau shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters by December 31, 2026, and biennially thereafter, detailing use of the guidance under this section during the previous 2‑year period, including reasons and factors for using or not using the guidance. The committee may submit legislation relating to the subject matter of the report to the session of the Legislature following receipt of the report. [PL 2023, c. 221, §1 (NEW).]
5 M.R.S. § 142 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 142
5 §142. -- investment of sinking funds
Status: in_force

The Treasurer of State, with the approval of the Governor and the Superintendent of Financial Institutions, shall from time to time as funds appropriated for any sinking fund established by law are received into the treasury, invest the same, with the income thereof as it accrues, in any bonds of Maine, of any other New England state or in the bonds of the United States. When the bonds fall due and are paid, the proceeds from the bonds must be reinvested in like manner. [PL 2001, c. 667, Pt. A, §2 (AMD).]

The Treasurer of State, with the approval of the Governor and the Superintendent of Financial Institutions, has the power to enter into a contract or agreement with any national bank, trust company or safe deposit company located in New England or New York City for custodial care and the servicing of the negotiable securities belonging to any sinking fund of the State. The services consist of the safekeeping of the negotiable securities in the vaults of the bank or safe deposit company, preparation of coupons for collection, the actual collection of the coupons, periodical checks of the portfolio deposited for safekeeping to determine all calls for redemption, in whole or in part, of any bonds owned by the funds, and any other fiscal service that is normally covered in a custodial contract or agreement. [PL 2001, c. 667, Pt. A, §2 (AMD).]

The Treasurer of State is empowered to arrange for the payment for such services, either by cash payments to be charged pro rata to the income of such sinking funds, or by an agreement for a compensating deposit balance with the bank in question, in lieu of such cash payment, or by some combination of both methods of payment. The contracting bank shall give assurance of proper internal safeguards which are usual to such contracts, and shall furnish insurance protection satisfactory to both parties.

The Treasurer of State is empowered to withdraw or deposit securities from or with the custodian as circumstances may require, all withdrawal orders or delivery instructions to bear the approval in writing of the Superintendent of Financial Institutions and that of either or both the Governor and the Commissioner of Administrative and Financial Services. [PL 1991, c. 780, Pt. Y, §13 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

All contracts and agreements entered into between the Treasurer of State and custodian banks and safe deposit companies selected for the safekeeping or custodial care of the negotiable securities referred to in this section shall have the approval of the Governor. [PL 1975, c. 771, §44 (AMD).]
5 M.R.S. § 17714 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17714
5 §17714. Baxter State Park Authority rangers
Status: in_force

A law enforcement officer in the employment of the Baxter State Park Authority who elects the retirement option provided in section 17851, subsection 12 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as provided in section 17852, subsection 11 . [PL 2007, c. 491, §133 (AMD).]
5 M.R.S. § 18252-C — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18252-C
5 §18252-C. Delayed election of membership; annual open enrollment
Status: in_force

Employees who were eligible to participate in the Participating Local District Retirement Program under section 18251, subsection 3 , section 18252 and section 18252‑A, subsection 1 at the beginning of employment but did not join may do so as governed by this section. [PL 2021, c. 286, §5 (NEW).]

1. Delayed election of membership. An employee who was first eligible to participate in the Participating Local District Retirement Program who elects not to join the Participating Local District Retirement Program at the beginning of that employee's employment may become a member at any time up to and including that employee's 5th‑year employment anniversary with that employer pursuant to subsection 2 . [PL 2021, c. 286, §5 (NEW).]

2. Annual open enrollment period. An employee under this section may elect to join the Participating Local District Retirement Program through an annual open enrollment period from September 1st to November 1st, beginning in 2022. [PL 2021, c. 286, §5 (NEW).]

3. Creditable service granted. An employee who elects to join the Participating Local District Retirement Program under this section is entitled to creditable service as governed by section 18358 . [PL 2021, c. 286, §5 (NEW).]

4. Member contributions. Member contributions for an employee that joins the Participating Local District Retirement Program under this section are not pick-up contributions. [PL 2021, c. 286, §5 (NEW).]

5. Rules. The board may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2021, c. 286, §5 (NEW).]
5 M.R.S. § 1510-A — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1510-A
5 §1510-A. Certain claims against the State
Status: in_force

1. Claims against state agency. A state agency may hear and decide any claim of $2,000 or less against it, or any of its agents, except a claim that may be submitted under the Maine Tort Claims Act, Title 14, chapter 741 , or under another specific statutory provision. Any agency paying all or part of a claim heard under this subsection shall make payment as soon as practicable from currently available agency funds and, if no funds are then available, from agency funds from the following fiscal year. An agency deciding a claim under this subsection shall make its final decision, and reasons for the decision, in writing and shall, as soon as practicable, send a copy of that decision to the claimant by certified mail. These claims include, but are not limited to, claims for damage or injury caused by patients, inmates, prisoners in the care or custody of the Department of Health and Human Services or of any institution administered by a department or by children in the custody of the Department of Health and Human Services. [PL 1993, c. 468, §1 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Claims against the State decided by the State Claims Commission. A claim under this section may be submitted to the State Claims Commission and heard and decided by it, if: A. The claim was submitted under subsection 1 to a state agency which refused to hear it; [PL 1977, c. 624, §2 (NEW).] B. The claim was submitted under subsection 1 to a state agency and no final decision was made within 90 days of submission; or [PL 1977, c. 624, §2 (NEW).] C. The claim cannot be submitted under a specific statutory provision other than subsection 1 because the claimant, as a result of an action or omission of a state agency or state agent, has not complied with time limits contained in that specific statutory provision. [PL 1987, c. 395, Pt. A, §19 (AMD).] Any payment resulting from a decision of the State Claims Commission on a claim submitted to it under this subsection shall be paid as soon as practicable by the state agency or agencies found responsible by the State Claims Commission or, if there is no clearly identifiable responsible state agency, the payment shall be paid from the state contingent fund. [PL 1987, c. 395, Pt. A, §19 (AMD).]

3. Appeal from departmental decisions. Any claim disapproved in whole or part by a state agency hearing that claim under subsection 1 may be appealed to the State Claims Commission within 30 days from the disapproval or partial disapproval. The State Claims Commission shall hear de novo any claim so appealed. Any payment resulting from a decision of the State Claims Commission on a claim submitted to it under this subsection shall be paid by the state agency or agencies found responsible by the State Claims Commission or, if there is no clearly identifiable responsible state agency, the payment shall be paid from the state contingent fund. [PL 1987, c. 395, Pt. A, §19 (AMD).]

4. Appeal from State Claims Commission decision. Any party aggrieved by an award of the State Claims Commission may appeal therefrom to the Superior Court within 30 days after the date of the receipt of the notice of the award. The appeal shall be taken by filing a complaint setting forth, as in other civil matters, substantially the facts upon which the case shall be tried. Service shall be made on the opposing party and the State Claims Commission by sending a true copy of the complaint by registered or certified mail within the time limit set out in this subsection. The complaint shall be filed in the Superior Court for the county where one or more of the parties reside or have their principal place of business or where the activity or property which is the subject of the proceeding is located. The court's determination shall be de novo and without a jury or, if all parties agree, by a referee or referees. [PL 1987, c. 395, Pt. A, §19 (AMD).]

5. Jurisdiction over claims prior to January 4, 1977. The jurisdiction of the State Claims Commission over claims subject to this section includes those claims which have arisen prior to January 4, 1977, unless they have been ruled upon by the Governor and Executive Council or by the Legislature prior to January 4, 1977. [PL 1987, c. 395, Pt. A, §19 (AMD).]

6. Hearings. Hearings on claims submitted under subsection 2 or appeals made under subsection 3 must be held at a time and place that the State Claims Commission determines. The chair shall assign either one or 3 members to hear and determine each claim. Hearings on claims under this section that are properly submitted to the State Claims Commission must be held in accordance with chapter 375. The decision of the commission must include the reasons for the findings. [RR 2023, c. 2, Pt. B, §49 (COR).]

7. Different procedures. A claim submitted under this section shall not be disapproved solely because a claim based on the same facts was submitted under a different statutory procedure and was disallowed. [PL 1977, c. 624, §2 (NEW).]

8. Rules; report. The commission may adopt rules to implement this section. The commission shall, on or before January 30th of each year, report to the Legislature on all claims filed pursuant to this section. [PL 1987, c. 395, Pt. A, §19 (AMD).]
5 M.R.S. § 8014 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8014
5 §8014. Accounts (REALLOCATED TO TITLE 5, SECTION 15014)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15014)
5 M.R.S. § 153 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 153
5 §153. Rules
Status: in_force

The Treasurer of State may adopt and amend rules necessary to carry out this chapter. These rules shall be adopted and amended pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II . [PL 1985, c. 816, §2 (NEW).]
5 M.R.S. § 1975 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1975
5 §1975. Noncompliance
Status: in_force

The purchase of data processing equipment, software or services or internal systems development efforts may not be made except in accordance with this chapter. An agency may not purchase any data processing equipment, software or services without the prior written approval of the commissioner or the Chief Information Officer. The State Controller may not authorize payment for data processing equipment, software or services without evidence of prior approval of the purchases by the commissioner or the Chief Information Officer. [PL 2001, c. 667, Pt. A, §3 (AMD).]

1. Noncompliance defined. A state agency is in noncompliance with this chapter if the agency: A. Purchases data processing equipment, software or services in noncompliance with this chapter; or [PL 2001, c. 667, Pt. A, §3 (AMD).] B. Fails to adhere to the data processing standards established by the commissioner and the Chief Information Officer. [PL 2005, c. 12, Pt. SS, §15 (AMD).] [PL 2005, c. 12, Pt. SS, §15 (AMD).]

2. Penalty. Any state agency found to be in noncompliance as defined in this section is prohibited from acquiring or purchasing data processing equipment, software and services until the commissioner or the Chief Information Officer determines that the state agency is in compliance with this chapter. Notwithstanding the provisions of this section, the commissioner or the Chief Information Officer may act to acquire or purchase data processing equipment, software and services to maintain or meet the emergency needs of a state agency. [PL 2001, c. 667, Pt. A, §3 (AMD).]
5 M.R.S. § 1762 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1762
5 §1762. No facility constructed without life-cycle costs
Status: in_force

A public improvement, as defined in this chapter, public school facility or other building or addition constructed or substantially renovated in whole or in part with public funds or using public loan guarantees, with an area in excess of 5,000 square feet, may not be constructed without having secured from the designer an evaluation of life-cycle costs, as computed by a qualified architect or engineer. The requirements of this section with respect to substantial renovation pertain only to that portion of the building being renovated. Construction may proceed only upon disclosing, for the design chosen, the life-cycle costs as determined in section 1764 and the capitalization of the initial construction costs of the facility or building. The life-cycle costs must be a primary consideration in the selection of the design. At a minimum, the design must meet the energy efficiency building performance standards adopted by the Department of Public Safety in the Maine Uniform Building and Energy Code as defined in Title 10, section 9721, subsection 2 . [PL 2023, c. 405, Pt. A, §7 (AMD).]
5 M.R.S. § 12004-B — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-B
5 §12004-B. Arbitration, mediation, valuation and board appeals
Status: in_force

The primary responsibilities of the boards in this section include the assessment of property for purchase, valuation or tax purposes; the hearing of appeals with respect to property valuation or assessment; and the arbitration, conciliation or mediation of disputes or grievances. [PL 1987, c. 786, §5 (NEW).]

The primary powers of these boards include the holding of hearings; the adoption of rules; the determination, modification or assessment of fees, taxes and penalties; arbitration, conciliation and mediation; the establishment of standards and procedures; and the adjudication of disputes. [PL 1987, c. 786, §5 (NEW).]

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

NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. State Board of Arbitration and Conciliation $75/Day 26 MRSA §931 [PL 1987, c. 786, §5 (NEW).]

2. Maine Labor Relations Board $75/Day $100/Day Chair 26 MRSA §968 [PL 1989, c. 503, Pt. A, §7 (AMD).]

3. Panel of Mediators $300/Period up to 4 Hours 26 MRSA §892 [PL 2019, c. 501, §3 (AMD).]

4. State Civil Service Appeals Board $50/Day 5 MRSA §7081 [PL 1987, c. 786, §5 (NEW).]

5. State Claims Commission $150/Day 23 MRSA §152 [PL 1995, c. 438, §1 (AMD).]

6. State Board of Property Tax Review $75/Day 36 MRSA §271 [PL 1997, c. 643, Pt. E, §4 (AMD).]

7. Maine Agricultural Bargaining Board $75/Day 13 MRSA §1956 [PL 1987, c. 786, §5 (NEW).]

8. Committee on Judicial Responsibility and Disability Set by Supreme Judicial Court 4 MRSA §9‑B [PL 1993, c. 381, §2 (NEW).]

9. Baxter Compensation Program Compensation Panel [PL 2001, c. 667, Pt. C, §2 (RP).]

10. Maine Board of Tax Appeals $100/Day 36 MRSA §151‑D [PL 2011, c. 694, §1 (NEW).]
5 M.R.S. § 21302 — ME Code / Title 5 / Part 27 / Chapter 557 / Section 21302
5 §21302. Duties of the commission (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See PL 1997, c. 254, §2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 1997, c. 254, §2)

1. Economic development. The commission shall gather and review information regarding economic development and methods of enhancing economic development in member states. The information may be gathered from any source, including the governors' offices and the departments with jurisdiction over economic development of each member state. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

2. Tourism. The commission shall gather and review information regarding the promotion of tourism and methods of expanding access to travel opportunities among the member states. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]

3. Legislation. The commission may develop and recommend legislation for introduction in each member state that promotes economic development and tourism. [PL 1997, c. 254, §1 (NEW); PL 1997, c. 254, §2 (AFF).]
5 M.R.S. § 7061 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7061
5 §7061. Classification plan
Status: repealed

The officer, in accordance with policies and procedures established by the officer and in accordance with this section, shall record the duties and responsibilities of all positions in state service and establish classes for these positions. The titles of the positions and classes must be used in all personnel, accounting, budget, appropriation and financial records of all state departments, commissions and institutions. [RR 2023, c. 1, Pt. B, §25 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Involvement of commissioners and directors. In recording the duties and responsibilities of each position, the commissioners and directors of the departments and agencies of State Government shall be involved to the greatest extent possible. [PL 1987, c. 541 (RPR).]

2. Development of job classifications. Job classifications created pursuant to this section shall be developed to meet the needs of each department in the most efficient and pertinent manner. [PL 1987, c. 541 (RPR).]

2-A. Mental health professionals. Job classifications adopted by the officer under subsection 2 must allow a person licensed as a marriage and family therapist under Title 32, chapter 119 to qualify for mental health therapist positions within the civil service system. [RR 2023, c. 1, Pt. B, §26 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

3. Collective bargaining. [PL 1987, c. 724, §1 (REEN); MRSA T. 5 §7061, sub-§7 (RP).]

4. Implementation. The procedure established pursuant to this section must be implemented by the bureau in conjunction with state agencies. State agencies shall provide sufficient employees and resources to efficiently and effectively implement this section. A. The procedure must provide for periodic updating of job descriptions and the compensation plan under section 7065 at least every 5 years to accurately reflect current duties and responsibilities of each job classification. [PL 2023, c. 412, Pt. UUU, §1 (AMD).] B. The procedure must provide for a market pay study every 4 years that compares the salaries of state employees with employees performing comparable work for a sampling of private and public employees in this State, other New England states and other states as appropriate. The bureau shall submit a report on the market pay study to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over state and local government matters and the bargaining agents that represent a bargaining unit of state employees no later than September 30, 2024 and every 4 years thereafter. [PL 2023, c. 412, Pt. UUU, §1 (NEW).] C. Beginning in 2024, the procedure must provide for a comprehensive review of the classification plan every 10 years to make modifications and improvements as determined necessary. [PL 2023, c. 412, Pt. UUU, §1 (NEW).] [PL 2023, c. 412, Pt. UUU, §1 (AMD).]

5. Reclassification requests. The bureau shall act as expeditiously as possible on job reclassification requests which occur while this section is in effect. Nothing in this section may be construed to authorize the bureau to defer from acting expeditiously on job reclassification requests while the issue of job classifications is being addressed pursuant to this section. [PL 1987, c. 541 (NEW).]

6. Report. The officer shall submit a progress report on or before February 15, 1988, to the joint standing committee of the Legislature having jurisdiction over state and local government. [RR 2023, c. 1, Pt. B, §27 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

7. Sunset. Subsection 3 is repealed March 15, 1990. [PL 1987, c. 724, §2 (AMD).]
5 M.R.S. § 13059 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13059
5 §13059. State agencies to cooperate
Status: in_force

All state agencies and any other organizations designated by the department to implement community and economic development programs and policies shall cooperate with and expeditiously respond to requests of the department. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]
5 M.R.S. § 1670 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1670
5 §1670. Notification procedure for new federal mandates
Status: in_force

Every agency and department of the State shall submit to the State Budget Officer a list of any new laws, new regulations or other actions that may require the State to comply with any new federal mandate in the current biennium or the next biennium. [PL 1995, c. 591, §1 (NEW).]

Each item listed must include how the mandate is funded, the required implementation date, the citations or rulings authorizing the mandate and a brief description of the intended purpose of the mandate. [PL 1995, c. 591, §1 (NEW).]

On or before January 1st of each year, the State Budget Officer shall compile a complete list of new federal mandates and distribute it to each member of the Legislature and to the Director of the Office of Fiscal and Program Review. [PL 1995, c. 591, §1 (NEW).]

1. Procedure for changes. [PL 1995, c. 591, §1 (RP).]

2. Allocation. [PL 1995, c. 591, §1 (RP).]

3. Reductions. [PL 1995, c. 591, §1 (RP).]

4. Budget approval. All budget recommendations pertaining to federal block grants must be submitted as part of the unified current services budget legislation in accordance with sections 1663 to 1666 . [PL 1997, c. 424, Pt. B, §1 (NEW).]
5 M.R.S. § 13120-R — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-R
5 §13120-R. Rural Manufacturing and Industrial Site Redevelopment Program
Status: in_force

1. Establishment; purpose. The Rural Manufacturing and Industrial Site Redevelopment Program is established within the authority to provide technical assistance, planning grants and implementation grants for the rehabilitation, revitalization and marketing of manufacturing and industrial sites in rural communities. [PL 2017, c. 174, §2 (NEW).]

2. Technical assistance and planning grants. The authority may provide technical assistance and grants for redevelopment and marketing of a nonproductive industrial or manufacturing site to a municipality or the owner of the nonproductive industrial or manufacturing site. In awarding grants and providing technical assistance under this subsection, the authority shall give preference to nonproductive industrial or manufacturing sites located in communities that have experienced severe economic decline and employment loss due to the nonproductive nature of the site and insufficient technical or planning personnel or resources. A. The authority shall work collaboratively with other state agencies and regional economic development organizations to provide technical assistance under this subsection. [PL 2017, c. 174, §2 (NEW).] B. A municipality that receives technical assistance or a planning grant under this subsection shall form a committee, whose membership includes but is not limited to local residents and the owner of the nonproductive industrial or manufacturing site, to provide advice regarding the redevelopment of the site. [PL 2017, c. 174, §2 (NEW).] C. If the authority is unable to provide technical assistance to a municipality or the owner of a nonproductive industrial or manufacturing site that is qualified for technical assistance under this subsection, as determined by rule, the authority may provide a planning grant to the municipality or the owner of the nonproductive industrial or manufacturing site. [PL 2017, c. 174, §2 (NEW).] D. The authority shall adopt rules related to the implementation of this subsection, including rules regarding the application process and eligibility of applicants for technical assistance and planning grants. Rules adopted under this paragraph are routine technical rules pursuant to chapter 375, subchapter 2‑A . [PL 2017, c. 174, §2 (NEW).] [PL 2017, c. 174, §2 (NEW).]

3. Implementation grants; rules. The authority may provide grants for implementing a project for the redevelopment and marketing of a nonproductive industrial or manufacturing site located in a rural community that has experienced severe economic decline and employment loss due to the nonproductive nature of the site. An applicant for a grant must demonstrate the capacity to undertake the project with a reasonable prospect of bringing it to successful completion. The authority shall adopt rules, which are routine technical rules pursuant to chapter 375, subchapter 2‑A , related to the implementation of this subsection, including rules regarding: A. The application process for implementation grants; and [PL 2017, c. 174, §2 (NEW).] B. The criteria and scoring system for awarding implementation grants. The scoring system must include, but is not limited to, an evaluation of the plan for redeveloping and marketing the nonproductive industrial or manufacturing site, community support for the project and consistency with any applicable regional economic development plan. [PL 2017, c. 174, §2 (NEW).] [PL 2017, c. 174, §2 (NEW).]
5 M.R.S. § 4632 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4632
5 §4632. Offensive names
Status: in_force

1. Complaint. Any person, including any employee of the commission, may file a complaint with the commission which states the belief that a name of a place is offensive, as defined in Title 1, section 1101 . [PL 1977, c. 259, §3 (NEW).]

2. Preliminary investigation. Upon receipt of such a complaint, the commission or its delegated single commissioner or investigator shall conduct a brief preliminary investigation as it deems necessary to determine whether the name of the place is offensive. [PL 1977, c. 259, §3 (NEW).]

3. Order of dismissal. If the commission finds that the place does not have an offensive name, it shall enter an order so finding, and shall dismiss the proceeding. [PL 1977, c. 259, §3 (NEW).]

4. Agreement. If the commission finds that the place does have an offensive name, it shall endeavor to accomplish a change in the name by an agreement with the municipal officers or county commissioners to initiate and implement the actions required to change the name, as provided in Title 1, section 1104 . [PL 1977, c. 259, §3 (NEW).]

5. Civil action by commission. If the commission is unable to obtain an agreement under subsection 4 or if the agreement is not carried out, the commission shall file in the Superior Court a civil action seeking such relief as is appropriate. [PL 1977, c. 259, §3 (NEW).]

6. Procedure in Superior Court. Any action filed by the commission pursuant to subsection 5 shall be heard by the Superior Court and shall be subject to the following provisions: A. The court shall hear the case and grant relief as in other civil actions for injunctions. [PL 1977, c. 259, §3 (NEW).] B. Any such action shall be brought in the name of the commission. [PL 1977, c. 259, §3 (NEW).] C. Any person aggrieved by the alleged offensive name may intervene in such an action. [PL 1977, c. 259, §3 (NEW).] D. In no such action brought by the commission shall any injunction bond be required; nor shall damages be assessed for the wrongful issuance of an injunction. [PL 1977, c. 259, §3 (NEW).] E. If the court finds that a place has an offensive name, its judgment shall specify an appropriate remedy. Such remedy shall include an order requiring the municipal officers or county commissioners: (1) To initiate procedures, which may be described in the order, for changing the name of the place, and (2) To have completed the change of name and the notification as required in Title 1, section 1104 , within 90 days of the issuance of the order. [PL 1977, c. 259, §3 (NEW).] [PL 1977, c. 259, §3 (NEW).]
5 M.R.S. § 17204 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17204
5 §17204. Contributions on member's own account
Status: in_force

A member in service may make contributions on the member's own account, in addition to the employee contributions required under this Part, to the Members' Contribution Fund, at a rate not in excess of 10% of earnable compensation for the purpose of increasing the amount of payment of the member's retirement allowance under any service retirement provision of this Part. [RR 2023, c. 2, Pt. B, §99 (COR).]

1. Rules. The board shall adopt rules governing this right of members to make additional contributions. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Exception to 10% rule. Any member in service on January 1, 1976, and ineligible to make contributions under sections 17754 , 17763 and 18354 because of the amendments of the predecessors of those sections by Public Law 1975, chapter 622, may make whatever additional contributions, at a rate in excess of 10% of earnable compensation, as are necessary to provide an increased retirement allowance equal to any benefits to which the member would have been entitled under the predecessors of sections 17754 , 17763 and 18354 , as in effect immediately before January 1, 1976. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Limitation. This section shall not be applicable to any member who has not begun increased contributions under this section before January 1, 1990. [PL 1989, c. 95, §4 (NEW).]
5 M.R.S. § 8012 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8012
5 §8012. Loans eligible for investment (REALLOCATED TO TITLE 5, SECTION 15012)
Status: in_force

(REALLOCATED TO TITLE 5, SECTION 15012)
5 M.R.S. § 44 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 44
5 §44. Report provisions
Status: in_force

The report of each agency shall include in summary form but not be limited to: [PL 1973, c. 612, §1 (NEW).]

1. Date of establishment. The date when the agency was established; [PL 1973, c. 612, §1 (NEW).]

2. Statutory authority. The statutory authority of the agency; [PL 1973, c. 612, §1 (NEW).]

3. Agency address. The address of the agency's central office; [PL 1973, c. 612, §1 (NEW).]

4. Administrative officers. The names, titles and telephone numbers of the principal administrative officers; [PL 1973, c. 612, §1 (NEW).]

5. Agency chart. An organizational chart of the agency; [PL 1973, c. 612, §1 (NEW).]

6. Number of employees. The average number of full-time employees; [PL 1973, c. 612, §1 (NEW).]

7. Authorized employees. The number of employees authorized by the previous Legislature and a summary by month of the actual number of employees; [PL 1973, c. 612, §1 (NEW).]

8. Recurring operating expenditures. Recurring operating expenditures; [PL 1973, c. 612, §1 (NEW).]

9. Fund and account identification. The identification of all funds and accounts relating to an agency, with their beginning and ending balances; this shall include all federal funds and all funds from any other source; [PL 1973, c. 612, §1 (NEW).]

10. Program description. A description of each program shall be provided and shall include a summary of major expenditures, goals and objectives and future plans. [PL 1973, c. 612, §1 (NEW).]

A department made up of several distinct units shall provide overall summary information for the department and summary information for each bureau, division, commission, agency and institutional unit, as appropriate. [PL 1973, c. 612, §1 (NEW).]
5 M.R.S. § 20067 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20067
5 §20067. Duties of the commission
Status: in_force

The commission, in cooperation with the department, has the following duties. [PL 2011, c. 657, Pt. AA, §44 (AMD).]

1. Oversee office. [PL 1995, c. 560, Pt. L, §10 (RP); PL 1995, c. 560, Pt. L, §16 (AFF).]

1-A. Advise the department. The commission shall advise the department in the development and implementation of significant policy matters relating to substance use disorder. [PL 2017, c. 407, Pt. A, §44 (AMD).]

2. Advise, consult and assist. The commission shall advise, consult and assist the Governor, the executive and legislative branches of State Government and the Chief Justice of the Supreme Judicial Court with activities of State Government related to substance use disorder prevention, intervention, harm reduction, treatment and recovery. [PL 2025, c. 140, §11 (AMD).]

3. Serve as advocate; review and evaluate; inform public. The commission shall serve as an advocate and resource for the State on substance use disorder intervention, harm reduction, prevention, treatment and recovery. The commission shall promote and assess activities designed to meet and remediate challenges of substance use disorder in the State. With the support of the department, the commission shall review and evaluate on a continuing basis state and federal policies and programs relating to substance use disorder. In cooperation with the department, the commission shall keep the public informed by collecting and disseminating information, by conducting or commissioning studies and publishing the results of those studies, by issuing publications and reports and by providing public forums, including conferences and workshops. The commission, based on its activities pursuant to this subsection, shall make recommendations relating to substance use disorder to the department, the Governor and the Legislature. [PL 2025, c. 140, §12 (AMD).]

4. Report to the Legislature. The commission shall report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on or before the last business day of each year. The report must include developments and needs related to substance use disorder intervention, harm reduction, prevention, treatment and recovery in the State. [PL 2025, c. 140, §13 (AMD).]
5 M.R.S. § 18501 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18501
5 §18501. 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, §150 (COR).]

2. Revealed by examination. Such that the incapacity will be revealed by medical examination or tests conducted in accordance with section 18503 . [PL 1985, c. 801, §§5, 7 (NEW).]
5 M.R.S. § 888 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 888
5 §888. Application
Status: in_force

Any compensation or portion of compensation reduced by an employee in conjunction with a deferred compensation program and any earnings or income thereon must be held in trust for the exclusive benefit of that participant and that participant's beneficiary as provided in the United States Internal Revenue Code, Section 457. For purposes of this section, custodial accounts, annuity contracts and other contracts described in the United States Internal Revenue Code, Section 457(g) must be treated as trusts. Any compensation or portion of compensation reduced must be considered in calculating any employee benefits and is subject to any withholding imposed on the employee. Any compensation or portion of compensation reduced is not subject to any income taxation until distribution is actually made to the employee. [PL 1997, c. 192, §1 (AMD).]
5 M.R.S. § 20043 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20043
5 §20043. Acceptance for treatment of drug users and persons with substance use disorder
Status: in_force

The department shall adopt rules for acceptance of persons into a treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of drug users and persons with substance use disorder. [PL 2017, c. 407, Pt. A, §37 (AMD).]

In establishing rules, the department must be guided by the following standards. [PL 2011, c. 657, Pt. AA, §37 (AMD).]

1. Voluntary basis. People must be treated on a voluntary basis. [PL 1991, c. 601, §20 (AMD).]

2. Initial assignment. A person must be initially assigned or transferred to outpatient or intermediate treatment, unless the person is found to require residential treatment. [PL 1991, c. 601, §20 (AMD).]

3. Denial of treatment. A person may not be denied treatment solely because that person has withdrawn from treatment against medical advice on a prior occasion or has relapsed after earlier treatment. [PL 1989, c. 934, Pt. A, §3 (NEW).]

4. Individualized treatment plan. An individualized treatment plan must be prepared and maintained on a current basis for each patient. [PL 1989, c. 934, Pt. A, §3 (NEW).]

5. Coordinated treatment. Provision must be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment has available and may utilize other appropriate treatment. [PL 1989, c. 934, Pt. A, §3 (NEW).]

6. Denial of treatment services. A person, firm or corporation licensed by the department as an approved substance use disorder treatment facility under section 20005 to provide shelter or detoxification services, and that receives any funds administered by the department to provide substance use disorder prevention and treatment services, may not deny treatment to any person because of that person's inability or failure to pay any assessed fees. [PL 2017, c. 407, Pt. A, §37 (AMD).]

7. Community-based. Treatment must be provided in the least restrictive setting possible and in the person's home community wherever possible. [PL 1991, c. 601, §20 (NEW).]

8. Diagnosing. Diagnosing of a person's mental capabilities, psychological or personality composition, or other nonalcohol-related or drug-related conditions or mental states may not be conducted until detoxification is complete and the person is judged to be medically no longer under the influence of a chemical or drug. [PL 2017, c. 407, Pt. A, §37 (AMD).]
5 M.R.S. § 7034 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7034
5 §7034. Bureau of Human Resources; duties
Status: in_force

The Bureau of Human Resources shall be responsible for the administration of the civil service system of State Government. The bureau shall: [PL 1985, c. 785, Pt. B, §38 (NEW).]

1. Act in a professional, courteous manner. Perform its duties in a highly professional and helpful manner; [PL 1985, c. 785, Pt. B, §38 (NEW).]

2. Cooperate with agencies. Cooperate and work closely with all state agencies with respect to the personnel needs and matters of each agency. The bureau shall strive to ensure that personnel policies are understood and carried out by the agencies; [PL 1999, c. 668, §9 (AMD).]

3. Respond quickly to requests. Act expeditiously upon requests of state agencies and state employees with respect to civil service matters; [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Provide managerial training. To the extent that resources are available, provide training in management and supervision to all persons who enter into management and supervisory positions in State Government and provide management and supervisory training on a periodic basis to ensure that managerial and supervisory personnel are knowledgeable of the most current management theories and practices. Managerial and supervisory training shall include, among other factors, training in employee evaluation. This training at a minimum shall include at least one day of training for every supervisor during their first probationary period as a supervisor; [PL 1987, c. 349, Pt. H, §5 (AMD).]

5. Update registers. Update, at least annually, all registers of eligibility in the classified service, upon implementation of necessary automated procedures; [PL 1985, c. 785, Pt. B, §38 (NEW).]

6. Review applications. Review applications for positions in State Government and determine the eligibility of the applicants in an expeditious manner; [PL 1991, c. 528, Pt. III, §15 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §15 (AMD).]

7. Implementation. Implement, in a conscientious manner, the tasks and duties assigned by the officer; [RR 2023, c. 1, Pt. B, §4 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

8. Administer state employee health program. Develop and maintain policies and programs directed to a healthful and safe working environment for state employees to include the administration of a first aid and health service in the State House complex for state employees and State House visitors; [PL 1991, c. 528, Pt. III, §16 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §16 (NEW).]

9. Administer state employee health insurance program. Administer a health insurance program that is consistent with the rules adopted by the State Employee Health Commission and the requirements of sections 285 to 286‑A ; [PL 1991, c. 780, Pt. Y, §93 (AMD).]

10. Administer state employee assistance program. Administer assessment and referral services for employees in need of these services in accordance with the program defined by section 957 ; and [PL 1991, c. 780, Pt. Y, §93 (AMD).]

11. Administer state employee workers' compensation program. Administer the program of workers' compensation for state employees in conjunction with the programs for health and wellness and health insurance. [PL 1991, c. 780, Pt. Y, §94 (NEW).]

12. Represent departments, agencies and commissions. Represent all departments, agencies and commissions of the Executive Branch, as directed by the Governor, pursuant to Title 26, section 979‑A , et seq. [PL 2007, c. 240, Pt. HH, §5 (NEW).]
5 M.R.S. § 12021 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12021
5 §12021. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 2011, c. 616, Pt. A, §1 (NEW).]

1. Competitive procurement. "Competitive procurement" means the transmission of a written request for proposal, written request for qualifications or other invitation to compete on price or qualifications to at least 3 responsible suppliers that is to be replied to at a stated time. [PL 2011, c. 616, Pt. A, §1 (NEW).]

2. Contributions. "Contributions" means payments for membership dues and fees, gifts, donations and sponsorships, including those that result in public advertisement of the entity. [PL 2011, c. 616, Pt. A, §1 (NEW).]

3. Governing body. "Governing body" means a person or group of persons with the responsibility or authority to manage an entity. [PL 2011, c. 616, Pt. A, §1 (NEW).]

4. Managing director. "Managing director" means the person with overall day-to-day responsibility for directing the operations of a quasi-independent state entity. [PL 2011, c. 616, Pt. A, §1 (NEW).]

5. Quasi-independent state entity. "Quasi-independent state entity" means an organization that has been established by the Legislature as an independent board, commission or agency to fulfill governmental purposes and that receives revenues that are derived, in whole or part, from federal or state taxes or fees. [PL 2011, c. 616, Pt. A, §1 (NEW).]

6. Reporting entity. "Reporting entity" or "entity" means: A. The Child Development Services System under Title 20‑A, section 7209 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] B. The ConnectMaine Authority under Title 35‑A, section 9203 ; [PL 2019, c. 625, §2 (AMD).] C. The Efficiency Maine Trust under Title 35‑A, section 10103 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] D. The Finance Authority of Maine under Title 10, section 964 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] E. The Loring Development Authority of Maine under Title 5, section 13080 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] F. The Maine Community College System under Title 20‑A, chapter 431 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] G. [PL 2015, c. 170, §4 (RP); PL 2015, c. 170, §30 (AFF).] G-1. The Maine Connectivity Authority under Title 35‑A, section 9404 ; [PL 2021, c. 364, §2 (NEW).] H. The Maine Governmental Facilities Authority under Title 4, section 1602 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] I. The Maine Health and Higher Educational Facilities Authority under Title 22, section 2054 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] J. The Maine Human Rights Commission under Title 5, section 4561 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] K. The Maine Maritime Academy under Private and Special Law 1941, chapter 37; [PL 2011, c. 616, Pt. A, §1 (NEW).] L. The Maine Municipal and Rural Electrification Cooperative Agency under Title 35‑A, section 4131 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] M. The Maine Municipal Bond Bank under Title 30‑A, section 5951 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] N. The Maine Port Authority under Title 23, section 4420 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] O. The Maine Public Employees Retirement System under Title 5, section 17101 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] P. The Maine State Housing Authority under Title 30‑A, section 4722 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] Q. The Maine Technology Institute under Title 5, section 15302 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] R. The Maine Turnpike Authority under Title 23, section 1963 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] S. The Midcoast Regional Redevelopment Authority under Title 5, section 13083‑G ; [PL 2011, c. 616, Pt. A, §1 (NEW).] T. The Northern New England Passenger Rail Authority under Title 23, chapter 621, subchapter 2 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] U. The Small Enterprise Growth Board under Title 10, section 384 ; [PL 2011, c. 616, Pt. A, §1 (NEW).] V. The University of Maine System under Private and Special Law 1865, chapter 532; [PL 2011, c. 616, Pt. A, §1 (NEW).] W. The Washington County Development Authority under Title 5, section 13083‑A ; and [PL 2011, c. 616, Pt. A, §1 (NEW).] X. The Workers' Compensation Board under Title 39‑A, section 151 . [PL 2011, c. 616, Pt. A, §1 (NEW).] [PL 2021, c. 364, §2 (AMD).]
5 M.R.S. § 886 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 886
5 §886. Definition
Status: in_force

For the purposes of this chapter, "employee" means any person whether appointed, elected or under contract, providing services for the State, county, city, town or other political subdivision, for which compensation is paid. [PL 1973, c. 491 (NEW).]
5 M.R.S. § 934-A — ME Code / Title 5 / Part 2 / Chapter 71 / Section 934-A
5 §934-A. Department of Economic and Community Development
Status: in_force

1. Major policy-influencing position. The Deputy Commissioner is a major policy-influencing position within the Department of Economic and Community Development. The Deputy Commissioner is appointed by the Commissioner of Economic and Community Development and serves at the commissioner's pleasure. Notwithstanding any other provision of law, this position and its successor position is subject to this chapter. A. [PL 1991, c. 622, Pt. F, §1 (RP).] B. [PL 2005, c. 425, §1 (RP).] C. [PL 1991, c. 622, Pt. F, §1 (RP).] D. [PL 1991, c. 622, Pt. F, §2 (RP).] E. [PL 1991, c. 622, Pt. F, §2 (RP).] F. [PL 1991, c. 622, Pt. F, §3 (RP).] G. [PL 2005, c. 425, §1 (RP).] H. [PL 2005, c. 425, §1 (RP).] I. [PL 2005, c. 425, §1 (RP).] J. [PL 2005, c. 425, §1 (RP).] [PL 2005, c. 425, §1 (RPR).]
5 M.R.S. § 17905 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17905
5 §17905. Computation of benefit
Status: in_force

When a member qualified under section 17904 retires, the member is entitled to receive a disability retirement benefit equal to 66 2/3% of the member's average final compensation. [PL 1997, c. 384, §5 (RPR).]
5 M.R.S. § 1549 — ME Code / Title 5 / Part 4 / Chapter 143 / Section 1549
5 §1549. Contractors to notify State of job openings
Status: in_force

The Department of Administrative and Financial Services, Office of the State Controller, shall ensure that a contract with a nonstate contractor that is approved under section 1541 requires the contractor to notify the Additional Support for People in Retraining and Employment Program within the Department of Health and Human Services when the contractor has an employment opening for which members of the public may apply. [RR 1995, c. 1, §1 (COR); PL 2003, c. 600, §4 (REV); PL 2003, c. 689, Pt. B, §6 (REV).]
5 M.R.S. § 4630 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4630
5 §4630. Discrimination by public entities prohibited
Status: in_force

1. Unlawful discrimination. A public entity may not discriminate against an individual, exclude an individual from participation in a service, program or activity of that public entity or otherwise deny to an individual the benefits of a service, program or activity of that public entity by reason of the individual's race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin. [PL 2023, c. 489, §10 (NEW).]

2. Exception; direct threat. This section does not require a public entity to permit an individual to participate in or benefit from a service, program or activity of a public entity when the individual poses a direct threat to the health or safety of others. For the purposes of this subsection, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of a policy, practice or procedure or by the provision of an auxiliary aid or service. [PL 2023, c. 489, §10 (NEW).]

3. Continued applicability. This section does not diminish the applicability of other provisions of this chapter to public entities acting as employers, providing public accommodations or education or acting as providers of credit or housing. [PL 2023, c. 489, §10 (NEW).]
5 M.R.S. § 90-I — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-I
5 §90-I. State calendar (REALLOCATED FROM TITLE 5, SECTION 90-H)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 90-H)

The Secretary of State or the secretary's designee shall establish a state calendar that includes important religious days and holidays of residents of the State and citizens of the United States. [PL 2023, c. 569, §1 (NEW); RR 2023, c. 2, Pt. A, §8 (RAL).]

1. Purpose of state calendar; limitation. The state calendar must be established to assist state agencies when scheduling events involving members of the public. Notwithstanding any provision of law to the contrary, inclusion on the state calendar does not establish a paid holiday for an employee of the State or an employee of a private entity. [PL 2023, c. 569, §1 (NEW); PL 2023, c. 2, Pt. A, §8 (RAL).]

2. Administration. By April 15, 2034, and every 10 years thereafter, the Secretary of State or the secretary's designee shall review and update the state calendar in consultation with persons representing the Christian, Muslim and Jewish faith communities, other religious traditions practicing in the State, immigrants in the State, the Permanent Commission on the Status of Racial, Indigenous and Tribal Populations, as established in section 12004-J, subsection 19, and the federally recognized Indian nations, tribes and bands located in the State. [PL 2023, c. 569, §1 (NEW); RR 2023, c. 2, Pt. A, §8 (RAL).]

3. Distribution. The Secretary of State or the secretary's designee shall distribute no later than June 1st the state calendar for the next calendar year to all state agencies. The Secretary of State shall post the calendar on the publicly accessible website of the office of the Secretary of State. [PL 2023, c. 569, §1 (NEW); RR 2023, c. 2, Pt. A, §8 (RAL).]
5 M.R.S. § 13141 — ME Code / Title 5 / Part 18-A / Chapter 387 / Section 13141
5 §13141. Centers for Innovation Program
Status: in_force

The Centers for Innovation Program, referred to in this chapter as the "program," is established. The program shall administer and establish centers throughout the State to carry out the purposes of this chapter. [PL 2001, c. 95, §5 (NEW).]

1. Centers for innovation. A center for innovation, referred to in this chapter as "center," represents a specific industry sector identified as offering significant potential for economic growth, employment and business development for the State. A center shall consult with state development agencies to carry out the purposes of this chapter. The centers established include: A. The Center for Innovation in Biotechnology, which promotes the development of the biotechnology sector; and [PL 2001, c. 95, §5 (NEW).] B. The Aquaculture Innovations Center, which promotes the development of the aquaculture sector. [PL 2001, c. 95, §5 (NEW).] [PL 2001, c. 95, §5 (NEW).]

2. Purposes. A center has the following purposes: A. To bring together a cluster of related experience, business activity and technology in order to promote economic growth and target assistance from government development agencies and resources; [PL 2001, c. 95, §5 (NEW).] B. To advise the Commissioner of Economic and Community Development, the Maine International Trade Center, the Maine Technology Institute and other state agencies of the needs of a targeted industry; [PL 2001, c. 95, §5 (NEW).] C. To serve as a facilitator of state, local and federal efforts directed at developing an industry sector; [PL 2001, c. 95, §5 (NEW).] D. To assist in the recruitment of businesses and personnel within an industry sector seeking to relocate to the State; and [PL 2001, c. 95, §5 (NEW).] E. To educate, inform and facilitate funding for emerging technologies that are the basis of an industry sector. [PL 2001, c. 95, §5 (NEW).] [PL 2001, c. 95, §5 (NEW).]
5 M.R.S. § 7085 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7085
5 §7085. Applications of sections 7081 to 7084
Status: in_force

This subchapter applies to those employees who are excluded from bargaining pursuant to Title 26, sections 979 and 1021 to 1034 . [PL 1985, c. 785, Pt. B, §38 (NEW).]
5 M.R.S. § 83 — ME Code / Title 5 / Part 1 / Chapter 5 / Section 83
5 §83. Clerks of courts to keep lists of appointments; lists and certificates as evidence
Status: in_force

The clerks of the state courts shall make a memorandum on such lists of the fact and date of their reception, and either of such lists so attested, or the certificate of such clerk under the seal of his court, shall be legal but not conclusive evidence of the appointment and qualification of such officers. [PL 1979, c. 13, §7 (AMD).]
5 M.R.S. § 4684-A — ME Code / Title 5 / Part 12 / Chapter 337-B / Section 4684-A
5 §4684-A. Civil rights
Status: in_force

For purposes of this chapter and Title 17, section 2931 , a person has the right to engage in lawful activities without being subject to physical force or violence, damage or destruction of property, trespass on property, the threat of physical force or violence, damage or destruction of property or trespass on property or any conduct that would cause a reasonable person to suffer emotional distress or to fear death or bodily injury to that person or a close relation motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity. For purposes of this section, "close relation" and "emotional distress" have the same meanings as in Title 17‑A, section 210‑A, subsection 2, paragraph B and paragraph D , respectively. [PL 2023, c. 287, §3 (AMD).]