An Act To Establish the Maine Community College System
Maine Legislature, Session 121, LD 1369
Committee: Education and Cultural Affairs
Sponsors: DAGGETT
Amends: 1 MRSA §402, 1 MRSA §541, 3 MRSA §959, 5 MRSA §18, 5 MRSA §18-A, 5 MRSA §55, 5 MRSA §92-A, 5 MRSA §285, 5 MRSA §285-A, 5 MRSA §931, 5 MRSA §1507, 5 MRSA §1547, 5 MRSA §1665, 5 MRSA §1742-C, 5 MRSA §1762-A, 5 MRSA §1825-B, 5 MRSA §1892, 5 MRSA §3371, 5 MRSA §7051, 5 MRSA §7054, 5 MRSA §8002, 5 MRSA §15302, 5 MRSA §15321, 5 MRSA §17001, 5 MRSA §17652, 5 MRSA §17653, 7 MRSA §212, 10 MRSA §918, 10 MRSA §945-B, 10 MRSA §1478, 14 MRSA §8102, 20-A MRSA §9, 20-A MRSA §4771, 20-A MRSA §6359, 20-A MRSA §6904, 20-A MRSA §8402, 20-A MRSA §8451-A, 20-A MRSA §9000, 20-A MRSA §9801, 20-A MRSA §10006, 20-A MRSA §10007, 20-A MRSA §10701, 20-A MRSA §11415, 20-A MRSA §11614, 20-A MRSA §12552, 20-A MRSA §12571, 20-A MRSA §12701, 20-A MRSA §12702, 20-A MRSA §12703, 20-A MRSA §12704, 20-A MRSA §12705, 20-A MRSA §12714, 20-A MRSA §12715, 20-A MRSA §12725, 20-A MRSA §12726, 20-A MRSA §12727, 20-A MRSA §12731, 20-A MRSA §12732, 20-A MRSA §12733, 20-A MRSA §12734, 20-A MRSA §12741, 22 MRSA §3762, 22 MRSA §3789-B, 22 MRSA §3789-D, 23 MRSA §1201, 26 MRSA §1021, 26 MRSA §1022, 26 MRSA §1023, 26 MRSA §1024-A, 26 MRSA §1025, 26 MRSA §1026, 26 MRSA §1027, 26 MRSA §1029, 26 MRSA §1031, 26 MRSA §1418-L, 26 MRSA §2006, 27 MRSA §455, 27 MRSA §457, 29-A MRSA §517, 30-A MRSA §4451, 32 MRSA §1101, 32 MRSA §1202, 32 MRSA §2401-B, 32 MRSA §3501, 32 MRSA §8105, 35-A MRSA §3210, 36 MRSA §5276-A, 39-A MRSA §401

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1369 
S.P.450 
In Senate, March 18, 2003 
An Act To Establish the Maine Community College System 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by President DAGGETT of Kennebec. (GOVERNOR'S BILL) 
Under suspension of the rules, cosponsored by Speaker COLWELL of Gardiner and 
Senators: BENNETT of Oxford, BLAIS of Kennebec, BROMLEY of Cumberland, BRYANT 
of Oxford, CARPENTER of York, DAMON of Hancock, DAVIS of Piscataquis, DOUGLASS 
of Androscoggin, EDMONDS of Cumberland, GAGNON of Kennebec, GILMAN of 
Cumberland, HALL of Lincoln, HATCH of Somerset, KNEELAND of Aroostook, 
LaFOUNT AIN of York, LEMONT of York, MAYO of Sagadahoc, MITCHELL of Penobscot, 
N ASS of York, PENDLETON of Cumberland, SA V AGE of Knox, SAWYER of Penobscot, 
ST ANLEY of Penobscot, STRIMLING of Cumberland, TREAT of Kennebec, TURNER of 
Cumberland, WESTON of Waldo, WOODCOCK of Franklin, YOUNGBLOOD of Penobscot, 
Printed nn recyc led paper 
Representatives: ANDREWS of York, ANNIS of Dover-Foxcroft, ASH of Belfast, BERRY ll( 
Belmont, BERUBE of Lisbon, BLANCHETTE of Bangor, BLISS of South Portland, BOWEN 
of Rockport, BOWLES of Sanford, BRANNIGAN of Portland, BROWNE of Vassalboro, 
BRUNO of Raymond, BUNKER of Kossuth Township, CANAVAN of Waterville, CARR of 
Lincoln, CLARK of Millinocket, CLOUGH of Scarborough, COLLINS of Wells, 
COURTNEY of Sanford, COWGER of Hallowell, CUMMINGS of Portland, DAIGLE of 
Arundel, DAVIS of Falmouth, DUDLEY of Portland, DUNLAP of Old Town, DUPLESSIE of 
Westbrook, DUPREY of Medway, EARLE of Damariscotta, FAIRCLOTH of Bangor, FINCH 
of Fairfield, FISCHER of Presque Isle, GAGNE-FRIEL of Buckfield, GOODWIN of 
Pembroke, HEIDRICH of Oxford, HONEY of Boothbay, HUTTON of Bowdoinham, 
JACKSON of Fort Kent, JODREY of Bethel, KAELIN of Winterport, KANE of Saco, 
KETTERER of Madison, LA VERRIERE-BOUCHER of Biddeford, LEDWIN of Holden, 
LEMOINE of Old Orchard Beach, LEWIN of Eliot, MAILHOT of Lewiston, MARLEY of 
Portland, McCORMICK of West Gardiner, McGLOCKLIN of Embden, McGOWAN of 
Pittsfield, McKENNEY of Cumberland, McLAUGHLIN of Cape Elizabeth, McNEIL of 
Rockland, MOODY of Manchester, MURPHY of Kennebunk, NORBERT of Portland, 
NORTON of Bangor, NUTTING of Oakland, O'BRIEN of Augusta, O'BRIEN of Lewiston, 
O'NEIL of Saco, PEAVEY -HASKELL of Greenbush, PELLON of Machias, PERCY of 
Phippsburg, PERRY of Calais, PERRY of Bangor, PINEAU of Jay, PINGREE of North 
Haven, RECTOR of Thomaston, RICHARDSON of Greenville, RICHARDSON of 
Brunswick, RICHARDSON of Skowhegan, RINES of Wiscasset, SHERMAN of Hodgdon, 
SHIELDS of Auburn, SIMPSON of Auburn, SULLIVAN of Biddeford, SUSLOVIC of 
Portland, THOMAS of Orono, THOMPSON of China, TOBIN of Dexter, TRAHAN of 
Waldoboro, TREADWELL of Carmel, USHER of Westbrook, VAUGHAN of Durham, 
WHEELER of Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §402, sub-§2, 1IB, as repealed and replaced by 
PL 1989, c. 878, Pt. A, §1, is amended to read: 
B. 
Any 
board 
or 
commission 
of 
any 
state 
agency 
or 
authority, the Board of Trustees of the University of Maine 
System and any of its committees and subcommittees, 
the 
Board of Trustees of the Maine Maritime Academy and any of 
its committees and subcommittees, the Board of Trustees of 
the Maine ~eeRRiea~ Community College System and any of its 
committees and subcommittees; 
Sec. 2. 1 MRSA §402, sub-§3, 1IE, as repealed and replaced by 
PL 1989, c. 878, Pt. A, §2, is amended to read: 
E. 
Records, 
working papers, 
interoffice and intraoffice 
memoranda used by or prepared for faculty and administrative 
committees 
of 
the 
Maine 
Maritime 
Academy, 
the 
Maine 
~eeRRiea~ Community College System and the University of 
Maine System. The provisions of this paragraph do not apply 
to 
the 
boards 
of 
trustees 
and 
the 
committees 
and 
subcommittees of those boards, 
which are referred to in 
subsection 2, paragraph B; 
Sec. 3. 1 MRSA §541, sub-§2, 1ID, as enacted by PL 2001, c. 
321, Pt. B, §1, is amended to read: 
D. 
The University of Maine 
System, 
the Maine 
Maritime 
Academy and the Maine ~eeRRiea~ Community College System; 
Sec. 4. 3 MRSA §959, sub-§I, 1IE, as amended by PL 2001, c. 
519, §1, is further amended to read: 
E. 
The joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs shall use 
the following list as a guideline for scheduling reviews: 
(1) 
Telecommunications Relay Services Advisory Council 
in 1997; 
(2) 
Department of Education in 1997; 
(2-A) 
State Board of Education in 1997; 
(3) 
Maine Arts Commission in 1999; 
(5) 
Maine Historic Preservation Commission in 1999; 
(5-A) 
Notwithstanding section 952, 
Maine Historical 
Society in 1999; 
(6) 
Maine Library Commission in 1999; 
(6-A) 
Maine State Cultural Affairs Council in 1999; 
(6-B) 
Maine State Library in 1999; 
(6-C) 
Maine State Museum in 1999; 
(7) 
Maine State Museum Commission in 1999; 
(8) 
Office of State Historian in 1999; 
(9) 
Board of Trustees of the Maine Maritime Academy in 
2001; 
(10) 
Board of Trustees of the University of Maine 
System in 2001; 
(12) 
Maine ~eeRBieal Community College System in 2001; 
(13) 
Maine Health and Higher Educational Facilities 
Authority in 2003; and 
(14) 
Maine Educational Loan Authority in 2003. 
Sec. 5. 5 MRSA §18, sub-§l, 1fB, as repealed and replaced by PL 
1989, c. 443, §5, is amended to read: 
B. 
"Executive employee" means the constitutional officers, 
the 
State 
Auditor, 
members 
of 
the 
state 
boards 
and 
commissions 
as 
defined 
in 
chapter 
and 
compensated 
members of the classified or unclassified service employed 
by the Executive Branch, but it sRall does not include: 
(1) 
The Governor; 
(2) 
Employees of and members serving with the National 
Guard; 
(3) 
Employees of the University of Maine System, 
Maine Maritime Academy and s~a~e-~eeRBieal-€elle~es 
Maine Community College System; 
the 
the 
(4) 
Employees 
who 
are 
employees 
solely 
by 
their 
appointment to an advisory body; 
(5) 
Members of boards listed in chapter 379, who are 
required by 
law 
to 
represent 
a 
specific interest, 
except as otherwise provided by law; and 
(6) 
Members of advisory boards as listed in chapter 
379. 
Sec. 6. 5 MRSA §18-A, sub-§l, 1[B, as enacted by PL 2001, c. 
203, §2, is amended to read: 
B. 
"Executive employee" has the same meaning as set forth 
in 
section 
19, 
subsection 
1, 
paragraph 
D 
except 
that 
"executive 
employee" 
includes 
employees 
of 
and 
members 
serving 
with 
the 
National 
Guard 
and 
employees 
of 
the 
University of Maine System, the Maine Maritime Academy and 
the 6~a~e-~eeaRiea~-ee~~e§e6 Maine Community College System. 
Sec. 7. 5 MRSA §55, sub-§l, 1fA, as enacted by PL 1999, c. 566, 
§1, is amended to read: 
A. 
Three members representing State Government, including: 
(1) 
The Commissioner of Administrative and Financial 
Services, 
or the commissioner's designee, 
who 
shall 
serve as the chair of the committee; 
( 2) 
The 
Commissioner 
of 
Economic 
and 
Community 
Development or the commissioner's designee; and 
(3) 
One of the following 3 officials appointed by the 
Governor on a rotating basis in the following order: 
(a) 
The Commissioner of Education or a designee; 
(b) 
The 
President 
of 
the 
Maine 
~eeaBiea± 
Community College System or a designee; or 
(c) 
The Chancellor of the University of Maine 
System or a designee; 
Sec. 8. 5 MRSA §92-A, sub-§4, as amended by PL 1995, c. 148, 
§4, is further amended to read: 
4. 
State agency or agency. 
"State agency" or 
"agency" 
means any unit of State Government or local government, including 
any state board or commission, except the Legislature and its 
committees 
and 
subcommittees, 
the 
Judicial 
Department, 
the 
University of Maine System, the Maine ~eeaRiea~ Community College 
System and the Maine Maritime Academy. 
Sec. 9. 5 MRSA §285, sub-§I, V-I, as amended by PL 1989, c. 
443, §6, is further amended to read: 
F-l. 
Any employee of the Maine 
~eeRRiea~ Community College 
System; 
Sec. 10. 5 MRSA §285, sub-§7, as amended by PL 2001, c. 439, 
Pt. XX, §5, is further amended to read: 
1. 
Payment by State. 
Except as otherwise provided in this 
subsection, the State, through the commission, shall pay 100% of 
only the employee's share of the individual premium for the 
standard plan identified 
and 
offered 
by 
the 
commission 
and 
available to the employee as authorized by the commission, except 
for Legislators, for whom the State shall pay 50<),0 of the health 
plan premium for dependent coverage. 
For any person appointed to 
a position after November 1, 1981 who is employed less than full 
time, the State shall pay a share of the employee's share reduced 
pro rata to reflect the reduced number of work hours. 
The State 
may not pay any portion of the health plan premium for a blind 
person eligible for the group health plan under subsection 1, 
paragraph H or for a licensed foster parent eligible for the 
group health plan under subsection 1, paragraph I. 
For persons who were first employed before July 1, 
1991, 
the 
State shall pay 100% of only the retiree's share of the premiums 
for the standard plan identified and offered by the commission 
and available to the retiree, as authorized by the commission for 
persons 
who 
were 
previously 
eligible 
for 
this 
health 
plan 
pursuant to subsection 1, paragraph 
A and who have subsequently 
become eligible pursuant to SUbsection 1, paragraph G. 
For persons who were first employed by the State after July 1, 
1991, the State shall pay a pro rat.a share portion of only the 
retiree's share of the premiums for the standard plan identified 
and offered by the commission and available to the retiree, as 
authorized by the commission for persons who 
were previously 
eligible for this health plan pursuant to subsection 1, paragraph 
A 
and 
who 
have 
subsequently 
become 
eligible 
pursuant 
to 
subsection 1, paragraph G based on the total number of years of 
participation in the group health plan prior to retirement as 
follows: 
Years of Participation 
or more years 
but less than 10 years 
State Portion 
100°1> group 
health plan 
premium 
90<),0 group 
health plan 
• 
but less than 9 years 
but less than 8 years 
but less than 1 years 
but less than 6 years 
Less than 5 years 
premium 
80'\, group 
health plan 
premium 
10'lt, group 
health plan 
premium 
60'lt, group 
health plan 
premium 
50'\, group 
health plan 
premium 
No contribution 
Pursuant 
to 
Title 
20-A, 
section 
12122, 
subsection 
5, 
this 
subsection applies to participants in the defined contribution 
plan offered by the Board of Trustees of the Maine 'ieehaieal 
Community College System 
8eaFa--e~--~~~s~ees under Title 20-A, 
section 12122. 
Sec. 11. 5 MRS A §285-A, sub-§2, 1JH, as amended by PL 1991, c. 
11, §1, is further amended to read: 
H. 
One 
labor member 
from the Maine 'ieehaieal Community 
College System faculty or administrative unit, appointed by 
the employee organization authorized to represent the units; 
Sec. 12. 5 MRSA §285-A, sub-§2,,-I, as amended by PL 2001, c. 
636, §1, is further amended to read: 
I. 
One management member from the Maine 'ieehaieal Community 
College 
System appointed by 
the President of 
the 
Maine 
'ieehaieal Community College System; 
Sec. 13. 5 MRSA §931, sub-§I, ,H, as amended by PL 1989, c. 
443, §1, is further amended to read: 
H. 
Officers 
and employees 
of the 
unorganized territory 
school system; the teachers, administrators and professional 
employees of the st=at=e--t-e<J.hn..i-o-a-l--eelle'jes Maine Community 
College System and the Governor Baxter School for the Deaf; 
and the teachers, administrators and professional employees 
of school systems in other state institutions; 
Sec. 14. 5 MRSA §1507, sub-§4-A, as amended by PL 1989, c. 
818, Pt. A, §11, is further amended to read: 
4-A. 
Maine coumunity colleges. 
The Governor may allocate 
funds from such account in amounts not to exceed in total the sum 
of $100,000 in any fiscal year to provide funds for any unusual 
and unforeseen needs as may arise in the operation of the Maine 
EeeB.:eieal community colleges. Allocations may be made from this 
fund by the Governor only upon the written request of the Board 
of Trustees of the Maine 
~eeR:eieal Community College System and 
after consultation with the State Budget Officer. 
Sec. 15. 5 MRSA §1507, sub-§5-A, as repealed and replaced by 
PL 1993, c. 349, §7, is amended to read: 
5-A. 
Job development training. 
The Governor may allocate 
funds from such account in amounts not to exceed in total the sum 
of $1,000,000 to provide funds for any unusual, unforeseen or 
extraordinary needs for state assistance in creating jobs by 
assisting in meeting the training requirements of labor-intensive 
new or expanding industries. 
In fiscal year 1989-90, $75,000 of 
this amount may also be allocated for immediate job training, 
unemployment 
counseling, 
retraining 
and 
other 
assistance 
to 
displaced workers. 
In fiscal year 1989-90, an additional $75,000 
of this amount may also be allocated for immediate job training, 
unemployment 
counseling, 
retraining 
and 
other 
assistance 
to 
displaced workers in the midcoast area of the State. 
Allocations 
for this purpose may be made from this fund by the Governor only 
upon the written request of the Commissioner of Labor and the 
Commissioner of 
Economic 
and 
Community Development 
and after 
consultation with the State Budget Officer. 
The commissioners' 
request to the Governor must be formulated subsequent to their 
consultation with the Commissioner of Education, the President of 
the Maine 
~eeB.:eieal Community College System and the director of 
the appropriate service delivery area as defined by the Job 
Training Partnership Act. 
Sec. 16. 5 MRSA §1547, sub-§3, as enacted by PL 1999, c. 731, 
Pt. RRR, §l, is amended to read: 
3. 
Component units. 
Component units of the State include, 
but are not limited to, the following organizations: 
the Loring 
Development Authority of Maine; the Finance Authority of Maine; 
the Maine Educational Loan Authority; the Maine Municipal Bond 
Bank; the Maine Health and Higher Education Facilities Authority; 
the Maine Governmental Facilities Authority; the Maine Maritime 
Academy; 
the Maine State Housing Authority; the University of 
Maine System; the Maine 
~eeB.:eieal Community College System; and 
the Maine State Retirement System. 
The State Controller may 
identify additional component units in accordance with standards 
established by a governmental accounting standards board. 
Sec. 17. 5 MRSA §1665, sub-§5, as enacted by PL 1991, c. 376, 
§20, is amended to read: 
• 
.. 
5. 
Maine 
Community College 
System; 
public 
improvements 
budqetary estimate. 
In 
accordance 
with Title 
20-A, 
section 
12706, 
subsection 
4-A, 
the 
Board of Trustees 
of 
the 
Maine 
'±eeaBiea;i, Community College System shall submit a prioritized 
public improvements budget estimate to the State Budget Officer 
in 
the 
manner 
prescribed 
in 
subsection 
1. 
This 
budgetary 
estimate 
must 
be 
separate 
from 
any 
prioritized 
public 
improvements 
budget 
developed 
by 
the 
Bureau 
of 
Public 
Improvements 
for 
the 
departments 
and 
agencies 
of 
State 
Government. 
This estimate must be prepared by project title in 
descending order of priority including for each project the total 
amount of the request, the accumulative total request and the 
type of capital improvement. 
Sec. 18. 5 MRSA § 1737, sub-§4, as amended by PL 1997, c . 46, 
§1, is further amended to read: 
4. 
Directed services. 
Notwithstanding the provisions of 
subsection 
2, 
the director 
may 
provide 
insurance 
advice 
or 
services for family foster homes as defined in Title 22, section 
8101, subsection 3; specialized children's homes, as defined in 
Title 22, section 8101, subsection 5; respite care providers as 
defined in Title 34-B, section 6201, subsection 2-A; the Casco 
Bay Island Transit District created by Private and Special Law 
1981, 
chapter 
22; 
the University of Maine 
System; 
the Maine 
'±eelmieal Community College System; the Maine Maritime Academy; 
and the State's service delivery areas designated under 
the 
federal 
Job Training Partnership Act, 
Public 
Law 
97-300, 
as 
amended. 
Sec. 19. 5 MRSA §1742-C, sub-§2, as amended by PL 2001, 
c. 
667, Pt. B, §1, is further amended to read: 
2. 
Maine Community Colleqe System; Maine Maritime Academy. 
The Bureau of General Services shall provide any of the services 
set out in section 1742, subsections 1 to 9, 12 to 14, 19 and 23 
to the Maine '±eeaBiea;i, Community College System and the Maine 
Maritime Academy. 
Application of section 1742, subsection 23 to 
these institutions is limited to all public improvements: 
A. 
Costing $25,000 or more; or 
B. 
Costing less than $25,000 when building codes or other 
legal requirements exist. 
Sec. 20. 5 MRSA §1742-C, sub-§3, as enacted by PL 1991, c. 
376, §22, is amended to read: 
3. 
Public improvements budqet submission; Maine Community 
Colleqe System. 
In accordance with section 1665, subsection 5 
and Title 20-A, 
section 12706, 
subsection 4-A, 
the Bureau of 
Public Improvements shall advise and assist the Maine '±eeRBiea± 
Community 
College 
System 
in developing 
a 
prioritized public 
improvements 
budget 
for 
the 
system. 
This 
budget 
must 
be 
presented to the Governor and the Legislature as separate from 
the public improvements budget developed by the Bureau of Public 
Improvements for the departments and agencies of State Government. 
Sec. 21. 5 MRSA §1762-A, sub-§3, as enacted by PL 1991, c. 
246, §1, is amended to read: 
3. 
Maine Community College System. 
The Maine '±eeRBiea± 
Community College System under Title 20-A, chapter 431; and 
Sec. 22. 5 MRS A §1770, sub-§I, as enacted by PL 1999, c. 735, 
§1, is amended to read: 
1. 
Goal. 
The Legislature finds it is in the best interests 
of the State to significantly reduce its energy consumption to 
the extent possible without interfering with other goals, plans 
and policies of the State. 
The energy reduction goal, referred 
to in this section as the "goal," for facilities owned by the 
State is, by 2010, a 25% reduction in energy consumption relative 
to baseline consumption in 1998, as long as the achievement of 
the goal is accomplished in a manner that: 
A. Is consistent with all applicable laws; and 
B. Does not interfere with other goals, plans or policies of 
the State. 
For purposes of this subsection, "facilities owned by the State" 
includes all facilities that consume energy and that are owned by 
the legislative, judicial or executive branches of government, 
any state department, 
agency or authority, 
the University of 
Maine System or the Maine '±eeRBiea± Community College System. 
Sec. 23. 5 MRSA §1825-B, sub-§2, ,E, as repealed and replaced 
by PL 1995, c. 625, Pt. A, §5, is amended to read: 
• 
E. 
The purchase is part of a cooperative project between 
the State and the University of Maine System or the Maine 
'±eeaBiea± Community College System involving: 
(1) 
An activity assisting a state agency and enhancing 
the ability of 
the 
university 
system or 
~eeaBiea± 
community college 
system to fulfill its mission of 
teaching, research and public service; and 
• 
(2) 
A sharing of project responsibilities and, 
wl.IPn 
appropriate, costs; 
Sec. 24. 5 MRSA §1892, sub-§§2, 3 and 4, as amended by PL 1999, 
c. 165, §6, are further amended to read: 
2. 
Advisory members. 
An advisory member must be appointed 
by the Legislative Council to represent the agencies of the 
Legislature 
that 
provide 
research 
and 
information 
to 
the 
Legislature and its committees and an advisory member must be 
appointed by the Chief Justice of the Supreme Judicial Court to 
ensure that the needs of the Legislature and the Judiciary are 
known and to inform them of available information, access and 
innovations to be considered. 
Advisory members must also be 
appointed by the Maine State Housing Authority, 
the Finance 
Authority of Maine, the Maine State Retirement System and the 
Maine Turnpike Authority. 
In addition, the Chancellor of the 
University 
of 
Maine 
System 
and 
the 
President of 
the 
Maine 
~eeRBiea* Community College System each shall appoint an advisory 
member to ensure 
that the needs of state institutions of higher 
education 
are 
known 
and 
to 
encourage 
the 
development 
of 
compatible information systems and the sharing of information and 
technologies between educational institutions and agencies of 
State Government. 
3. 
Terms 
of office. 
The 
voting 
and 
advisory 
members 
representing state agencies, the Legislature, the Judiciary, the 
University of Maine System and the Maine 
~eeRBiea* Community 
College System shall serve for a period that coincides with the 
term of appointment to the agency they represent or to the term 
designated by the appointing authority, unless revoked sooner by 
the appointing authority. 
The members of the private sector 
serve 3-year terms, except that the initial term of one member 1S 
years and the initial term of the other members is 3 years. 
4. 
Expenses and compensation. 
All members are entitled to 
reimbursement 
for 
expenses 
in 
accordance 
with 
chapter 
379. 
Members representing state agencies, 
the Executive Department, 
the 
Legislature, 
the University 
of 
Maine 
System, 
the 
Maine 
~eeRBiea* 
Community 
College 
System 
and 
the 
Judiciary 
are 
reimbursed for expenses from the budgets of the departments they 
represent. 
A. 
The 
members 
of 
the 
board 
are 
not 
enti tIed 
to 
compensation. 
Sec. 25. 5 MRSA §3371, sub-§2, ~J, as enacted by PL 1999, c. 
731, Pt. AAAA, §l, is amended to read: 
J. 
The 
administrator 
of 
the 
Maine 
Fire 
Training 
and 
Education 
Program 
within 
the 
Maine 
±eeRBieal 
Community 
College System, or the administrator's designee; and 
Sec. 26. 5 MRSA §7051, sub-§4, as amended by PL 2001, c. 662, 
§§l to 3, is further amended to read: 
4. 
Employees in military service; substitutes. 
Whenever 
any 
employee, 
regularly 
employed 
in other 
than 
a 
temporary 
position for a period of at least 6 months by the State or by any 
department, bureau, commission or office of the State, or by the 
University of Maine System, 
teeRBi€aJ.--e-e-lle~es Maine Community 
College System, Maine School Building Authority, Maine Turnpike 
Authority, 
Finance Authority of Maine or any other state or 
quasi-state agency, or by any county, municipality, township or 
school 
district 
within 
the 
State 
sRall 
in 
time 
of 
war, 
contemplated war, emergency or limited emergency, eBlist enlists, 
eB~ell enrolls, be is called or ordered or be drafted into the 
Armed Forces of the United States or any branch or unit thereof, 
or 
sRal1---ae 
is 
regularly 
drafted 
under 
federal 
manpower 
regulations, the employee sRall may not be deemed or held to have 
thereby resigned from or abandoned employment, nor sRall may be 
removable during the period of service. 
"Temporary," for the 
purpose of this sectionL 
means employment based on a seasonal or 
on-call basis or employment based on a contract of less than 6 
months' duration. 
E. 
When 
a 
permanent classified employee is on extended 
leave, a substitute may be employed, subject to personnel 
rules, until return or separation of the incumbent. 
Sec. 27. 5 MRSA §7054, sub-§4, as amended by PL 1989, c. 443, 
§12, is further amended to read: 
4. 
Retention preference. 
In any reduction in personnel in 
the state service, veteran preference employees sRall must be 
retained in preference to all other competing employees in the 
same classification with equal seniority, 
status 
and service 
ratings. 
In determining qualifications for examination and appointment 
with respect to veteran preference eligibles under this section, 
the director or other examining agency may waive requirements as 
to age, height and weight, provided that any such requirement is 
not essential to the performance of the duties of the position 
for which examination is given. 
The director or other examining 
agency, after giving due consideration to the recommendation of 
any accredited physician, may waive the physical requirements in 
the case of any veteran, provided that the veteran is, in the 
opinion of the director or other examining agency, physically 
able to discharge efficiently the duties of the position for 
which the examination is given. 
This section applies to all examinations for original positions 
in the State Police, Department of Inland Fisheries and Wildlife, 
Department 
of 
Marine 
Resources, 
University of 
Maine 
System, 
teesBie-al--€e·U.e~es Maine Community College System, Maine School 
Building Authority, Maine Turnpike Authority, Finance Authority 
of Maine or any other state or quasi-state agency. 
Sec. 28. 5 MRSA §8002, sub-§2, as amended by PL 1995, c. 246, 
§l, is further amended to read: 
2. 
Agency. 
"Agency" means any body of State Government 
authorized by law to adopt rules, to issue licenses or to take 
final action in adjudicatory proceedings, 
including, 
but not 
limited 
to, 
every 
authority, 
board, 
bureau, 
commission, 
department or officer of the State Government so authorized; but 
the term does not include the Legislature, 
Governor, 
courts, 
University of Maine System, 
Maine Maritime Academy, 
teesBieal 
eelle~es Maine 
Community College System, 
the 
Commissioner of 
Education 
for 
schools 
of 
the 
unorganized 
territory, 
school 
administrative units, 
community action agencies as defined in 
Title 
22, 
section 
5321, 
special 
purpose 
districts 
or 
municipalities, counties or other political subdivisions of the 
State. 
Sec. 29. 5 MRS A §12004-G, sub-§26-A, as enacted by PL 1993, c. 
392, §l, is repealed. 
Sec. 30. 5 MRSA §15302, sub-§3, ~B, as amended by PL 1999, c. 
541, §l, is further amended to read: 
B. 
The Commissioner of Economic and Community Development ' 
or the commissioner I s designee, the President of the Maine 
'reeRBieal 
Community 
College 
System 
or 
the 
president I s 
designee 
and the Chancellor of the University of 
Maine 
System or the chancellor I s designee are ex officio voting 
directors. 
Sec. 31. 5 MRSA §15321, sub-§2, ~B, as enacted by PL 1999, c. 
731, Pt. UUU, §3, is amended to read: 
B. 
The Department of Economic and Community Development 
shall establish an Applied Technology Development Center 
System 
Coordinating 
Board 
that 
consists 
of 
interested 
parties in the State to coordinate system activities. 
The 
Applied Technology Development Center System Coordinating 
Board consists of at least the following members: 
Page ll-LR2033(1) 
(1) 
The 
Commissioner 
of 
Economic 
and 
Community 
Development or the commissioner's designee; 
(2) 
The director; 
(3) 
A 
representative 
from 
each 
applied 
technology 
development center, chosen by that center; 
(4) 
A representative 
System, chosen by the 
Maine System; 
from 
the University of 
Maine 
Chancellor of the University of 
(5) 
A representative of the Maine 
~eeRBiea± Community 
College System, chosen by the President of the Maine 
~eeRBiea± Community College System; 
(6) 
A representative of a nonprofit organization that 
is 
funded 
by the State 
and 
promotes 
the 
State 
to 
business entities, chosen by that organization; 
(7) 
An 
attorney, 
chosen 
by 
the 
Commissioner 
of 
Economic and Community Development; 
(8) 
A financial expert, chosen by the Commissioner of 
Economic and Community Development; and 
(9) 
A representative of the institute. 
Sec. 32. 5 MRSA §17001, sub-§ll, as amended by PL 1989, c. 
443, §16, is further amended to read: 
11. 
Department. 
"Department" 
means 
any 
department, 
commission, institution or agency of State Government including 
the Maine ~eeRBiea± Community College System. 
Sec. 33. 5 MRSA §17001, sub-§40, as amended by PL 2001, c. 
239, §2 and affected by §5 and amended by c. 374, §4, is repealed 
and the following enacted in its place: 
40. 
State emp1oyee. 
"State employee" means 
any regular 
classified or unclassified officer or employee in a department, 
any employee of the Maine Community College System, except those 
who make the election provided under Title 20-A, section 12722, 
any employee of the Governor Baxter School for the Deaf, except 
as provided in Title 20-A, 
section 7407, 
subsection 3-A, 
any 
employee of the Maine Military Authority, any employee of the 
Northern New England Passenger Rail Authority and any employee 
transferred from the Division of Higher Education Services to the 
Finance Authority of Maine who elects to be treated as a state 
employee, but does not include: 
,. 
.. 
A. 
A judge, as defined in Title 4, section 1201 or 130L 
who is now or later may be entitled to retirement benefits 
under Title 4, chapter 27 or 29; 
B. 
A member of the State Police who is now entitled to 
retirement benefits under Title 25, chapter 195: or 
C. 
A Legislator who is now or later may be entitled to 
retirement benefits under Title 3, chapter 29. 
Sec. 34. 5 MRSA §17652, sub-§3, as enacted by PL 1997, c. 763, 
§3 and affected by §7, is amended to read: 
3. 
Certain 
employees 
of 
the 
Maine 
Community 
College 
System. 
Notwithstanding 
section 
17651, 
membership 
in 
the 
retirement 
system 
is 
optional 
for 
employees 
of 
the 
Maine 
~eeRRieal 
Community 
College 
System 
who 
are 
eligible 
to 
participate in a retirement plan pursuant to Title 20-A, section 
12722. 
Sec. 35. 5 MRSA §17653, sub-§2, as repealed and replaced by PL 
1991, c. 619, §6 and affected by §18, is amended to read: 
2. 
Maine Community College System. 
The Maine 
~eeRRieal 
Community College System may deny membership to adjunct faculty 
members and part-time, seasonal or temporary employees. 
Sec. 36. 7 MRSA §212, sub-§3, as amended by PL 1989, c. 443, 
§18, is further amended to read: 
3. 
State or school purchaser. 
means 
any 
person 
who 
purchases 
ins ti tution or agency, the t:eeRRieal 
school districts of this State. 
"State or school purchaser" 
foodstuffs 
for 
any 
state 
community colleges or the 
Sec. 37. 10 MRSA §918, sub-§2, as amended by PL 1997, c. 662, 
§2, is further amended to read: 
2. 
Public sector corporators. Public sector corporators are 
those agencies of government and other organizations providing 
support annually to the foundation, at a level determined by the 
board of directors. 
For the purposes of this chapter, public 
sector 
corporators 
include: 
municipal 
and 
county 
government; 
councils of government; local and area development corporations; 
regional 
planning 
commissions; 
development 
districts; 
state 
agencies; higher educational facilities, including the components 
of 
the state university system, 
the 
Maine 
Maritime 
Academy, 
private 
COlleges 
and 
postsecondary 
schools, 
and 
t:eeRRieal 
communi ty 
colleges; 
and 
such 
other 
public 
or 
quasi-public 
entities as may be approved by the directors of the foundation. 
Sec. 38. 10 MRSA §945-B, sub-§I, as enacted by PL 1995, c. 
648, §5, is amended to read: 
1. 
Members. 
Members 
are 
the 
private 
individuals, 
partnerships, 
firms, 
corporations, 
governmental 
entities 
and 
other organizations who pay dues to the center. 
For the purposes 
of this chapter, members may include, but are not limited to, 
municipal and county government, councils of government, local 
and area development corporations, regional planning commissions, 
development 
districts, 
state 
agencies, 
higher 
educational 
facilities, including the components of the University of Maine 
System, 
the 
Maine 
Maritime 
Academy, 
private 
colleges 
and 
postsecondary schools and teesBieal community colleges, and other 
public 
or 
quasi-public 
entities. 
The 
following 
public 
organizations are granted membership by virtue of the State's 
contribution 
to 
the 
organization, 
are 
exempt 
from 
dues 
requirements and each is entitled to designate one individual to 
exercise its voting right: 
the Department of Agriculture, Food 
and 
Rural 
Resources, 
the State Planning Office, 
the 
Finance 
Authority of Maine, the Department of Labor, the Department of 
Conservation, the Department of Marine Resources, the Department 
of 
Economic 
and 
Community Development 
and 
the 
Department of 
Transportation. 
Sec. 39. 10 MRSA §1478, sub-§I, ~A, as amended by PL 1989, c. 
443, §20, is further amended to read: 
A. 
For 
the 
purposes 
of 
this 
section, 
"state 
agency" 
includes the Maine teesBieal community colleges. 
Sec. 40. 14 MRSA §8102, sub-§4, as amended by PL 2001, c. 374, 
§5, is further amended to read: 
4. 
State. 
"State" means the State of Maine or any office, 
department, 
agency, 
authority, 
commission, 
board, 
institution, 
hospital or other instrumentality of the State, including the 
Maine Turnpike Authority, the Maine Port Authority, the Northern 
New 
England 
Passenger 
Rail 
Authority, 
the 
Maine 
~eesBieal 
Community College System, the Maine Veterans' 
Homes, the Maine 
State Retirement System, the Maine Military Authority and all 
such other state entities. 
Sec. 41. 20-A MRSA §9, first~, as enac ted by PL 1995, c . 395, 
Pt. J, §1, is amended to read: 
The Education Coordinating Corr:mittee, 
referred to in this 
section as the "committee," is established to promote efficiency, 
,. 
cooperative effort and strategic planning between the Department 
of Education, the State Board of Education, the University of 
Maine System, the Maine ';i;eeRBieal Community College System and 
the 
Maine 
Maritime 
Academy. 
The 
committee 
consists 
of 
the 
Commissioner 
of Education, 
the Chair of the State Board of 
Education, the Chanc~llor of the University of Maine System, the 
Chair of the Board of Trustees of the University of Maine System, 
the President of the Maine ';i;eeRBieal Community College System, 
the 
Chair of the 
Board of Trustees of the Maine 
';i;eeRBieal 
Community College System, the President of the Maine Maritime 
Academy and the Chair of the Board of Trustees of the Maine 
Maritime Academy. 
Sec. 42. 20-A MRSA §4771, as enacted by PL 1997, c. 758, §2, 
is amended to read: 
§4771. 
E1igib1e institution; defined 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, "eligible institution" means the institutions of the 
University of Maine System, the Maine ';i;eeRBieal Community College 
System and the Maine Maritime Academy. 
Sec. 43. 20-A MRSA §6359, sub-§I, 1fG, as amended by PL 1989, 
c. 443, §22, is further amended to read: 
G. 
"School" means 
any public or private, post-secondary 
school in the State including, but not limited to colleges, 
universi ties, t:eeRBieal community colleges and schools for 
the health professions. 
Sec. 44. 20-A MRSA §6904, sub-§10, as enacted by PL 1993, c. 
348, §1, is amended to read: 
with 
the 
10. 
Cooperation with agencies and organizations. 
governmental agencies, the University of Maine 
Maine 
~eeRBieal Community College 
System; 
and 
Cooperate 
System and 
cooperate, 
assist and otherwise encourage organizations, local or regional, 
private or public, 
in the 
communities 
of the State in the 
promotion, 
assistance 
and 
development 
of 
school-to-work 
transition systems, youth apprenticeship and job training systems 
in communities and the State. 
Sec. 45. 20-A MRS A §8204, sub-§l, 1fE, as enacted by PL 1993, 
c. 706, Pt. A, §4, is amended to read: 
E. 
The President of the Maine ';i;eeRBieal Community College 
System or the president's designee; 
Sec. 46. 20-A MRSA §8402, as amended by PL 1999, c. 683, § 2, 
is further amended to read: 
§8402. Programs 
A center shall provide programs of vocational education. 
Programs of vocational education are eligible to n,ceive state 
subsidy pursuant to chapters 
and 
609. 
Al, 
nrograms 
of 
vocational education offered by a center must be 
,J",>ved by the 
commissioner pursuant to section 8306-A. 
The pro· 
must offer 
a 
sequence 
of 
courses 
that 
are 
directly 
to 
the 
preparation of individuals for employment in cu 
emerging 
occupations and may include training and educe 
academic 
and business skills preparing students to furth 
education 
at the 
~eeBBieal community college or other 
level or 
allowing students to use trade and occupation, 
on other 
than an employee basis. 
Programs of vocatio 
ition may 
also include alternative educational programsning and 
education in music, athletics, art and other , 
approved 
by the commissioner pursuant to section 8306-A. 
Sec. 47. 20-A MRSA §8451-A, as amended by 
§3, is further amended to read: 
§8451-A. Programs 
c. 683, 
A region shall provide programs of voc< 
'ducation. 
Programs of vocational education are eligible 
ive state 
subsidy pursuant to 
chapters 
and 
609. 
Jgrams 
of 
vocational education offered by a region must b 
ed by the 
commissioner pursuant to section 8306-A. 
The pl 
nust offer 
a 
sequence 
of 
courses 
that 
are 
directly 
to 
the 
preparation of individuals for employment in cur 
r emerging 
occupations and may include training and educat 
n academic 
and business skills preparing students to further 
"lr education 
at the 
~eeBBieal community college or college level or allowing 
students to use trade and occupational skills on other than an 
employee 
basis. 
Programs 
of 
vocational 
education 
may 
also 
include 
alternative 
educational 
programs 
and 
training 
and 
education in music, athletics, art and other activities approved 
by the commissioner pursuant to section 8306-A. 
Sec. 48. 20-A MRSA §9000, sub-§2, as amended by PL 1989, c. 
443, §23, is further amended to read: 
2. 
System. 
"System" means the Maine 
~eeRBieal Community 
College System, established by chapter 431. 
Sec. 49. 20-A MRSA §9801, sub-§2, llC, as enacted by PL 1995, 
c. 430, §2, is amended to read: 
C. 
Three postsecondary education employees: 
one from the 
University of Maine System chosen by the Governor from a 
list 
of 
nominees 
supplied 
by 
the 
Chancellor 
of 
the 
University of Maine System; one from the Maine TeehRieal 
Community College System chosen by the President of the 
Senate from a list of nominees supplied by the President of 
the Maine TeehRieal Community College System; and one from 
the Maine Maritime Academy chosen by the Speaker of the 
House of Representatives from a list of nominees supplied by 
the President of the Maine Maritime Academy; 
Sec. 50. 20-A MRSA §10006, sub-§I, as enacted by PL 1999, c. 
511, §1, is amended to read: 
1. 
Endowment 
Incentive 
Fund; 
non1apsinq 
fund. 
The 
Endowment Incentive Fund, 
referred to in this section as the 
"endowment fund," is created to provide an incentive for private 
donations for endowment purposes to and for the benefit of the 
University of Maine System, the Maine TeehRieal Community College 
System 
and 
the Maine 
Maritime 
Academy, 
referred to 
in this 
section as "postsecondary entities," by providing matching state 
funds for certain private donations for specified purposes. 
Any 
funds appropriated by the Legislature to carry out the purposes 
of this section may not lapse and must be carried forward for 
continued use in the fund. 
Sec. 51. 20-A MRS A §10006, sub-§2, as corrected by RR 1999, c. 
1, §26, is amended to read: 
2. 
Treasurer of State authority for deposit of state funds; 
interest earned on the endowment fund; disbursement of endowment 
funds. 
The Treasurer of State is responsible for the custodial 
care of the endowment fund and may deposit state funds pursuant 
to Title 5, section 135. 
Interest earned on the investment of 
the 
endowment 
fund 
must 
be 
credited 
to 
the 
respective 
postsecondary entity or its qualified institutionally related 
foundation. 
The 
Treasurer 
of 
State 
is 
responsible 
for 
disbursement of the endowment fund, 
upon certification by the 
Chancellor of the University of Maine System, the President of 
the Maine TeehRieal Community College System and the President of 
the 
Maine 
Maritime 
Academy that the criteria established in 
subsection 3 are met. 
Sec. 52. 20-A MRSA §10006, sub-§4, as enacted by PL 1999, c. 
511, §1, is amended to read: 
4. 
Qualified 
foundations; manaqement 
of 
private 
donations 
recipients; 
institutionally 
related 
of endowment funds. 
Qualified recipients 
eligible 
for 
matching 
funds 
are 
the 
University of Maine System and each of its universities, 
the 
Maine ~eebR~ea± Community College System and each of its colleges 
and 
the 
Maine 
Maritime 
Academy, 
as 
well 
as 
institutionally 
related foundations qualified under the Internal Revenue Code, 
Section 501(c)(3). 
Qualified institutionally related foundations 
may receive and manage the investment of matching funds, and may, 
at their discretion, 
hold 
funds 
allocated to 
them. 
In 
the 
absence of any conditions or restrictions to the contrary made by 
the donor, qualified recipients of private donations eligible for 
matching funds may combine, pool or merge these funds with other 
similar gift and endowment funds. 
Sec. 53. 20-A MRSA §10006, sub-§5, 1(1(A and B, as enacted by PL 
1999, c. 511, §1, are amended to read: 
A. 
For an appropriated amount of more than $10,000,000: 
(1) 
University of Maine System 
(2) 
Maine ~eebR~ea± Community College System 
(3) 
Maine Maritime Academy 
B. 
For an appropriated amount of $10,000,000 or less: 
(1) 
University of Maine System 
(2) 
Maine ~eebR~ea± Community College System 
20°,<>; and 
(3) 
Maine Maritime Academy 
50, 0. 
Sec. 54. 20-A MRSA §10006, sub-§7, as enacted by PL 1999, c. 
511, §1, is amended to read: 
7. 
Reduction prohibited. 
Appropriations to the fund must 
be in addition to any other funds appropriated to the University 
of Maine System, the Maine ~eebR~ea± Community College System and 
the 
Maine 
Maritime 
Academy 
and 
may 
not 
be 
used 
to 
reduce 
appropriations for other purposes. 
Sec. 55. 20-A MRSA §10007, as enacted by PL 2001, c. 86, §l, 
is amended to read: 
§10007. Limitation on receipt of gifts, grants or donations; 
trustee policy and review 
In 
furtherance 
of 
the 
provisions 
of 
section 
10902, 
subsection 2, paragraph B, the Board of Trustees of the Maine 
Maritime Academy, 
the Board of Trustees of the University of 
Maine System and the Board of Trustees of the Maine 
~eebR~ea± 
Community College System shall each adopt a policy that ensures 
that each public system, its respective campus and any foundation 
related to each public system or its campus is prohibited from 
accepting funds 
from any source that would interfere with or 
otherwise restrict the academic freedoms typically accorded to 
the 
faculty 
of 
public 
higher 
educational 
institutions 
in 
teaching, research and expression of opinions. 
Policies adopted 
or amended by the trustees of each public system must include the 
establishment 
of 
a 
process 
for 
reviewing gifts, 
grants 
or 
donations of funds to ensure that the gifts, grants or donations 
of funds do not include restrictions that would interfere with or 
otherwise restrict the academic freedom of the faculty of each 
public system. 
This section may not be construed in such a way 
as to prohibit a donor from designating funds for a particular 
purpose 
or 
use, 
including, 
but 
not 
limited 
to, 
research, 
scholarships, construction or development. 
Sec. 56. 20-A MRSA §10701, sub-§3, as amended by PL 1991, c. 
563, §3, is further amended to read: 
3. 
Educational 
institution. 
"Educational 
institution" 
means any person, partnership, board, association, institution or 
corporation other than the University of Maine System and the 
Maine ';i;eeRllieal Community College System that offers academic, 
educational, literary or professional courses or programs. 
Sec. 57. 20-A MRSA §11415, sub-§2, as amended by PL 1999, c. 
728, §13, is further amended to read: 
2. 
Qualifications. 
Each member must be a resident of this 
State. 
One member must be the Treasurer of State, ex officio and 
nonvoting, 
or 
the 
Treasurer 
of 
State's 
designee. 
Of 
the 
remaining 6 members to be appointed by the Governor, 
members 
must 
be 
trustees, 
directors, 
officers 
or 
employees 
of 
insti tutions of higher education, one of whom must be from an 
institution not owned or operated by the State or any of its 
poli tical subdivisions and one of whom must be from a t;eeRllieal 
community college owned or operated by the State. 
Each member of 
the authority, before entering upon that member's duties, shall 
take 
and 
subscribe 
the oath or affirmation required by 
the 
Consti tution of Maine, Article IX, Section 1. 
A record of each 
oath must be filed in the office of the Secretary of State. 
With 
the exception of a member serving in an ex officio capacity, a 
member of the authority may not at the same time serve as an 
officer, director or employee of a nonprofit corporation formed 
under section 11407 and former Title 20, section 2237, of the 
state agency designated as administrator of federal guaranteed 
student loan programs pursuant to chapter 417, subchapter I 1 or 
of any entity that has a contract to provide a significant level 
of 
administrative services 
to 
the authority, 
to 
a 
nonprofit 
corporation formed 
under 
section 11407 
and 
former Title 
20, 
section 2237 or to the state agency designated as administrator 
of federal guaranteed student loan programs pursuant to chapter 
417, subchapter I 1. 
Sec. 58. 20-A MRSA §11614, sub-§6, as amended by PL 2001, c. 
70, §8, is further amended to read: 
6. 
Safety net. 
Notwithstanding the provisions 
of this 
section, the authority may not allocate less in grants under this 
chapter for students attending the University of Maine System, 
the Maine Maritime Academy, the Maine ~eeRBiea± Community College 
System and private postsecondary institutions than was allocated 
for 
students 
in 
each 
of 
those 
institutions 
or 
groups 
of 
institutions of higher education in 1988-89. 
Sec. 59. 20-A MRSA §12552, sub-§3, as amended by PL 1989, c. 
443, §27, is further amended to read: 
3. 
State 
post-secondary 
educational 
"Post-secondary educational institution" means the 
Maine 
System, 
the 
Maine 
Maritime 
Academy 
and 
ee±±e~es Maine Community College System. 
institution. 
University of 
the 
t;eeRBiea± 
Sec. 60. 20-A MRSA §12571, sub-§3, as enacted by PL 1999, c. 
216, §1, is amended to read: 
3. 
State 
postsecondary 
educational 
institution. 
"Postsecondary educational institution" means the University of 
Maine System, the Maine Maritime Academy and the Maine 
~eeRBieal 
Community College System. 
Sec. 61. 20-A MRSA c. 431 is amended by repealing the chapter 
headnote and enacting the following in its place: 
CHAPTER 431 
MAINE C<»fMUlfITY COLLEGE SYSTEM 
Sec. 62. 20-A MRSA §12701, sub-§3, as amended by PL 1989, c. 
443, §32, is further amended to read: 
3. 
President. 
"President" 
means 
the 
president 
of 
a 
t;eeRBiea± community college. 
Sec. 63. 20-A MRSA §12701, sub-§4, as amended by PL 1989, c. 
878, Pt. I, §1, is further amended to read: 
4. 
President of the system. "President of the system" means 
the President of the Maine ~eeRBiea± Community College System. 
• 
Sec. 64. 20-A MRSA §12701, sub-§§5 and 6, as amended by PL 
1989, c. 443, §32, are further amended to read: 
5. 
College. 
"College" means a teeaB3:ea* community college 
as established in section 12714. 
6. 
System. 
"System" means the Maine 
~eeaB:ieal Community 
College System. 
Sec. 65. 20-A MRSA § 12701, sub-§7, as amended by PL 1989, c . 
878, Pt. I, §2, is further amended to read: 
7. 
Maine Coomunity Colleqe System Office. 
"Maine ~eeaBieal 
Community 
College 
System 
Office" 
means 
the 
office 
of 
the 
president of the system, together with the offices of supporting 
staff, as established in section 12710. 
Sec. 66. 20-A MRSA §12702, as amended by PL 1989, c. 443, 
§34, is further amended to read: 
§12702. 
System established 
There is established the Maine 
~eeaB3:eal Community College 
SystemL 
which saa.J..J.--se is a body corporate and politic and a 
public instrumentality of the StateL 
and the exercise of the 
powers conferred by this chapter saall-se is deemed and held to 
be 
the performance of essential governmental 
functions. 
The 
system saall--eeBsist consists of the board of trustees, 
the 
'±eeaBieal 
Maine 
Community 
College 
Support 
Office 
and 
the 
EeeaBieal community colleges. 
Sec. 67. 20-A MRSA §12703, as amended by PL 1989, c. 443, 
§35, is further amended to read: 
§12703. 
Mission and goals 
The basic mission of the Maine '±eeaBieal Community College 
System is to provide associate degree, diploma and certificate 
programs directed at the educational, occupational and technical 
needs of the State's citizens and the workforce needs of the 
State's employers. 
The 
primary goals 
of 
post-secondary vocational-technical 
education and the Maine ~eeaBieal Community College System are to 
create an educated, skilled and adaptable labor force wa:iea that 
is responsive to the changing needs of the economy of the State 
and to promote local, regional and statewide economic development. 
Sec. 68. 20-A MRSA §12704, sub-§2, as amended by PL 1995, c. 
560, Pt. G, §5 and affected by §29, is further amended to read: 
2. 
Statewide 
and 
regional 
planning 
and 
coordination. 
Coordinating, on a statewide and regional basis, the planning and 
operation of the post-secondary applied technology and technical 
education programs offered by the iasl:il:al:es colleges with the 
planning and operation of: 
A. 
The 
college 
and university programs 
offered by 
the 
several other institutions of higher learning in the State; 
B. 
The adult, continuing and community education programs 
overseen by the Department of Education, Division of Adult 
and Community Education, or its successor; 
C. 
The 
secondary 
occupational 
and 
applied 
technology 
education programs overseen by the Department of Education, 
Division of Applied Technology Education, or its successor; 
D. 
The employment and training programs funded under the 
United 
States 
Job 
Training Partnership Act, 
Public 
Law 
97-300, or its successor, and overseen by the Department of 
Labor, Bureau of Employment Services, or its successor; and 
E. 
The 
economic 
development 
programs 
overseen 
by 
the 
Department of Economic and Community Development, 
or its 
successor, 
and 
other 
economic 
development 
programs 
and 
agencies throughout the State; 
Sec. 69. 20-A MRSA §12705, sub-§l, ,G, as amended by PL 1995, 
c. 688, §11, is further amended to read: 
G. 
One member who is from the student body of one of the 
l:eeRaiea;b college campuses at the time of appointment and 
who is a permanent resident of the State. 
To be eligible 
for 
appointment as 
a 
student member, 
a 
student must be 
enrolled for a minimum of 12 credit hours per semester. 
The student member is a full voting member of the board of 
trustees and serves for a 2-year term and until a successor 
is qualified. 
By 
January 1st of 
every 
2nd 
year, 
the 
president of the system shall solicit a list of 6 eligible 
students from the student governments from 6 of the campuses 
within the Maine ~eeRaiea;b Community College System, the 7th 
campus being excluded in accordance with this subsection. 
The Governor shall then nominate a student trustee chosen 
from the list within 30 
days of receiving the list of 
names. 
The nomination is subject to review by the joint 
standing committee of the Legislature having jurisdiction 
over 
education 
matters 
and 
to 
confirmation 
by 
the 
Legislature. 
The student trustee may not come from the same 
• 
campus in any 2 consecutive terms. 
In the event that the 
student trustee transfers from one campus to another during 
the student's term of appointment, the student's original 
campus of enrollment is the campus excluded when the next 
student trustee is appointed. 
Sec. 70. 20·A MRSA §12706, sub·§I, as amended by PL 1989, c. 
878, Pt. I, §4, is further amended to read: 
1. 
Policies. 
To 
develop 
and 
adopt 
policies 
for 
the 
operation of the system, the Maine 
~eeaRiea± Community College 
System Office 
and the colleges; establish the administrative 
council; and approve programs and policies recommended by the 
president of the system and the administrative council; 
Sec. 71. 20·A MRSA §12706, sub·§10, as amended by PL 1989, c. 
878, Pt. I, §5, is further amended to read: 
10. 
Legal affairs. 
To sue and be sued in its own name. 
Services of process in any action saa±± ~ 
be made by service 
upon the president of the system, either in hand or by leaving a 
copy of the process at the Maine 
~eeaRiea± Community College 
System Office; 
Sec. 72. 20·A MRSA §12706, sub·§19, as amended by PL 2001, c. 
590, §2, is further amended to read: 
19. 
Advisory coomittees. 
To appoint or identify advisory 
committees 
to advise 
the board of trustees with respect to 
vocational 
and technical education and training policies and 
programs, 
to 
procedures 
for 
modifying 
the 
programs 
of 
the 
colleges 
to 
meet 
the 
needs 
of 
the State's economy 
and 
the 
changing 
job 
market 
and 
to 
the efficient operation of 
the 
colleges 
and 
the 
Maine 
~eeRRiea± 
Community 
College 
System 
Office. 
These committees may include, but need not be limited 
to, the Maine Council on Vocational Education, authorized under 
the United States Carl 
D. 
Perkins Vocational 
Education Act, 
Section 112, Public Law 98-524, or its successor; and 
Sec. 73. 20·A MRSA §12708, as amended by PL 1989, c. 878, Pt. 
I, §7, is further amended to read: 
§12708. 
President of the system 
The board of trustees shall appoint the president of the 
system who must be qualified by education and experience and 
saa±±-seFve serves at the pleasure of the board of trustees. 
Sec. 74. 20·A MRSA §12709, as amended by PL 1995, c. 560, Pt. 
G, §6, is further amended to read: 
§12709. 
Powers and duties of the president of the system 
The president of the system shall implement the policies of 
the board of trustees and be responsible for the operation of the 
system. 
The powers and duties of the president of the system 
include: 
1. 
Leadership. 
To develop policies, goals and objectives 
with respect to the operation of the colleges, to be reviewed 
and, 
when necessary, 
approved by the board of trustees. 
The 
president 
of 
the 
system 
shall 
meet 
regularly 
with 
the 
administrative council to develop these policies and goals; 
2. 
Maine 
Community 
College 
System 
Office 
staff 
appointment. 
Under procedures and standards developed by the 
board of trustees, to appoint the staff of the Maine '±'eeRsiea± 
Community 
College 
System 
Office, 
including 
professional 
and 
nonprofessional personnel 
and 
including, 
but not limited to, 
private legal counsel and financial experts; 
3. 
Nomination of presidents. 
To nominate the presidents 
for appointment by the board of trustees; 
4. 
Staff oversiqht. 
To oversee the staff of the Maine 
'±eeRsiea± Community College System Office and the presidents of 
the colleges; 
5. 
Personnel 
evaluation. 
Under 
policies 
and 
standards 
developed by the board of trustees, to evaluate the performance 
of the Maine '±'eeRBiea± Community College System Office staff and 
of 
the 
presidents 
of 
the 
colleges 
and 
to 
make 
personnel 
recommendations to the board of trustees; 
6. 
Perkins allocations. As the representative of the board 
of trustees, to meet and confer with representatives of the State 
Board of Education regarding the distribution or allocation of 
federal money for vocational education in the State under the 
Uni ted States Carl D. 
Perkins Vocational Education Act, Public 
Law 98-524, or its successor, and report the results to the board 
of trustees; 
7. 
Budqet preparation. To assist the board of trustees in 
the preparation of the biennial operating budget for the system, 
as provided in section 12706, subsection 4; 
8. 
Accountinq system and procedures. 
To provide for an 
accounting system and procedures that reflect and identify all 
appropriations, 
allocations, 
income 
and 
revenues 
and 
all 
• 
expendi tures of each college and the Maine 
~eeaaieal Community 
College System Office; 
9. 
Long-range planning and research. In cooperation with 
the administrative council, to undertake long-range planning and 
research, 
including planning for 
construction, 
renovation and 
reconstruction projects and report findings and recommendations 
to the board of trustees; 
10. 
Intercampus cooperation and coordination. 
To promote 
cooperation among the teeaaieal community colleges and prepare 
plans for approval by the board of trustees with respect to the 
coordination of programs, activities and personnel; 
11. 
Interagency cooperation and cOJmlunication. To promote 
cooperation and communication with the Department of Education 
and the Bureau of Employment Services, or their successors, with 
the University of Maine System and with other public and private 
educational and training institutions; 
12. 
Coordination with the public sector. 
wi th other state and local agencies that have 
vocational 
education, 
to 
promote 
consistent 
policies, procedures and programs; 
To work closely 
an impact upon 
and 
coordinated 
13. 
Coordination with the private sector. 
To work closely 
with the private sector in order to ensure that the colleges 
respond expeditiously to the needs of the private sector and the 
State's 
economy, 
particularly 
with 
respect 
to 
changing 
technology, industries and job training needs; 
14. 
Delegated 
duties. 
To 
undertake 
other 
duties 
as 
delegated by the board of trustees; 
15. 
Delegate 
responsibility. 
To 
delegate 
duties 
and 
responsibilities as necessary to administer this chapter; and 
16. 
Fulfillment of mission and goals. 
To 
implement the 
mission and goals set forth in section 12703. 
Sec. 75. 20·A MRSA §12710, as amended by PL 1989, c. 443, 
§46, is further amended to read: 
§12710. 
Maine Community College System Office 
The Maine 
~eeaaiea± Community College System Office shall 
implement the policies of the board of trustees and shall provide 
staff and technical assistance to each college and state-level 
coordination and leadership to the system. 
Sec. 76. 20-A MRSA §12714, as amended by PL 1993, c. 707, Pt. 
0, §§1 and 2, is further amended to read: 
§127l4. Name and proqram of the colleqes 
The program of the teeHRieal colleges sHall ~ 
be designed 
to educate, train and prepare high school graduates, 
or the 
equivalent, 
for 
possible 
employment 
as 
technicians 
or 
technologists, 
including health technicians and technologists, 
engineering assistants, 
business 
and office administrators or 
workers, 
mechanics 
or 
repairers, 
craft workers, 
construction 
workers or precision production workers or other skilled workers, 
in accordance with the mission and goals set forth in section 
12703. 
Unless and until the board of trustees seems considers it 
necessary to adopt other nomenclature to fulfill the purposes of 
this chapter, the names of the colleges sHall-se are: 
1. 
Central 
Maine. 
Central 
Maine 
~eeHRieal 
Community 
College; 
2. 
Eastern 
Maine. 
Eastern 
Maine 
~eeHRieal 
Community 
College; 
3. 
Kennebec Valley. 
Kennebec Valley 
~eeHRieal CQmmunity 
College; 
4. 
Northern Maine. 
Northern 
Maine 
~eeHRieal Community 
College; 
5. 
Southern Maine. 
Southern 
Maine 
~eeHRieal Community 
College; 
6. 
Washington 
County. 
Washington 
County 
~eeRRiea± 
Community College; and 
7. 
York County. 
York County ~eeHRieal CQmmunity College. 
Sec. 77. 20-A MRSA §12715, as amended by PL 1989, c. 443, 
§51, is further amended to read: 
§127l5. 
Accreditation 
The 
colleges 
may 
seek 
and 
maintain 
membership 
in 
the 
appropriate regional accrediting association and shall strive to 
satisfy 
the 
requirements 
necessary 
to 
achieve 
and 
maintain 
accreditation as teeHRieal cQmmunity colleges and to meet the 
requirements necessary to receive federal aid. 
Whenever feasible 
and appropriate, programs of study offered by the colleges sHall 
must meet the requirements of the corresponding occupations for 
licensing, certification or registration. 
As provided in Title 
• 
• 
32, college graduates with appropriate training and experience 
sball must be eligible for licensure as journeyman workers in 
certain specified occupations upon passage of the journeyman IS 
examination. 
Sec. 78. 20-A MRSA §12725, as enacted by PL 1993, c. 707, Pt. 
CC, §l, is amended to read: 
§12125. 
Establishment 
There are established, under the Maine 'Ieebaieal Community 
College 
System, 
the 
Maine 
Quality Centers, 
in this 
chapter 
referred to as the "centers." 
The mission of the centers is to 
meet 
the workforce 
education and training needs 
of 
new 
and 
expanding businesses in the State and provide new employment and 
career advancement opportunities for Maine people. 
The centers 
shall fulfill their mission by working in close coordination with 
state and regional economic development agencies. 
Sec. 79. 20-A MRSA §12726, sub-§l, as enacted by PL 1993, c. 
707, Pt. CC, §l, is amended to read: 
1. 
Job creation. 
To encourage and facilitate the creation 
of new jobs in the State by offering customized education and 
training programs at the teebaieal community colleges free of 
charge to businesses that are seeking to create new jobs in the 
State. 
The eligibility criteria for free customized education 
and training programs and other policies and terms governing the 
centers are established by the Maine 'Ieebaieal Community College 
System Board of Trustees; 
Sec. 80. 20-A MRSA §12727, as affected by PL 1995, c. 560, 
Pt. G, §7 and amended by §29, is further amended to read: 
§12121. 
Maine Quality Centers 
1. 
State and regional delivery. 
The centers are located at 
the 
Maine 'Ieebaieal 
Community College 
System Office 
and 
the 
teebnieal community colleges. 
Staff of the centers shall work in 
close coordination with the Department of Economic and Community 
Development, the Office of the Governor and other state and local 
education and economic development agencies. 
2. 
Recruitment and screening. 
Recruitment of trainees and 
preliminary screening and testing for programs developed through 
the centers must be conducted by the teebaieal community colleges 
in conjunction with the Bureau of Employment Services, state job 
training providers, 
human service offices and other referring 
agencies. 
3. 
Eligibility for enrollment. 
To be considered eligible 
for programs developed under this chapter, applicants must meet 
~eeRBieal community college and program admissions 
standards. 
Students 
who 
have 
enrolled 
in 
such 
programs 
must 
maintain 
satisfactory academic performance and meet all requirements in 
order to continue enrollment in the program. 
4. 
Cost to trainees. 
Education 
and 
training programs 
developed through the centers must be offered to trainees free of 
charge. 
5. 
Certification of competencies. 
Upon completion of a 
program, 
trainees are issued certification from the 
~eeRBieal 
community college providing the training that delineates the 
education or skill competencies obtained through the program. 
6. 
Training guarantee. 
If the employer of the trainee 
finds that the trainee fails to meet any of the competencies 
listed on the certification, 
the 
~eeRBieal community college 
providing the training must retrain the employee at no cost to 
the employer or trainee. 
7. 
Placement of trainees. 
Placement of trainees in jobs 
wi th the employer for which a program has been provided is not 
guaranteed. 
Final determination of hire rests with the employer. 
Sec. 81. 20-A MRSA §§12728 and 12729, as enacted by PL 1993, 
c. 707, Pt. CC, §l, are amended to read: 
§12728. 
Coordination with education providers 
If an education or training requirement can not be delivered 
directly by a t=eeRBieal community college, staff of the centers 
shall work with other education and training providers to develop 
and deliver the program. 
§12729. 
Report 
The 
President of 
the 
Maine 
~eeRBieal Community 
College 
System shall provide to the joint standing committee of the 
Legislature having jurisdiction over economic development matters 
an 
annual 
report that 
must 
include 
the 
following 
for 
each 
business assisted under this chapter: the name and location of 
the business; the number of employees trained or retrained; the 
dollar amount expended; and, where applicable, the number of new 
jobs created. 
Sec. 82. 20-A MRSA §12731, as amended by PL 1995, c. 515, §2, 
is repealed and the following enacted in its place: 
.. 
§12131. 
Administration and purpose 
The Maine Community College System, in cooperation with the 
Department of Education, is authorized to provide comprehensive 
administrative 
and 
financial 
services 
to 
the 
Maine 
Career 
Advantage program, 
to assist high school students in making a 
successful transition from 
secondary school into college 
and 
careers through a combination of career exploration and planning 
services, 
internships, 
scholarships 
and 
college 
transition 
assistance. 
The purpose of the Maine Career Advantage program, 
referred to in this chapter as "the program," is to assist the 
Maine 
Community College 
System, 
public secondary schools 
and 
other publicly supported educational institutions in the State by 
providing additional resources and support for students who have 
not traditionally gone on to higher education and who may need 
assistance in developing educational and career goals 
and in 
pursuing those goals. 
The Maine Community College System is authorized to receive 
and 
administer 
on 
behalf 
of 
the 
program 
any 
grants, 
fees, 
charges, appropriations and other funds from whatever source. 
Sec. 83. 20-A MRSA §12732, sub-§l, as enacted by PL 1993, c. 
392, §2, is amended to read: 
1. 
Education and training. 
To provide 
a-£e~ueR~ia± higher 
education and training 
EH:eEJ~aFR--t-hat--eRaaRees opportunities for 
youth in this State to 
become highly skilled and productive 
members of the work force; 
Sec. 84. 20-A MRSA §12733, as enacted by PL 1993, c. 392, §2, 
is repealed and the following enacted in its place: 
§12133. 
Activities 
In order to assist the State in increasing higher education 
attainment and developing a skilled workforce, the program shall 
provide career and college transition services to young adults 
who are not currently enrolling in higher education and who could 
benefit by enrolling in a community college. 
These services may 
incl ude scholarships, internships and other work-based learning 
experiences, 
career 
exploration 
and 
planning, 
assistance 
in 
completing the community college application and financial aid 
processes, 
academic 
planning 
and 
information 
related 
to 
continuing higher education beyond the certificate, diploma and 
associate degree levels consistent with the student's educational 
and career objectives. 
These services must be provided either 
directly by the program or through referrals to other programs 
and services available within the community college system or by 
other education and service providers. 
In order to participate 
in any of these services, an individual must be enrolled in a 
publicly supported secondary school or a state community college 
or 
have 
recently 
completed 
a 
publicly 
supported 
secondary 
education 
program. 
The 
program 
must 
provide 
those 
program 
activities and services that best serve the goals of the program 
as defined in this chapter, the needs of students and the State, 
and that are consistent with Maine Community College System goals 
and resources. 
Sec. 85. 20-A MRSA §12734, as amended by PL 1995, c. 515, §3, 
is repealed. 
Sec. 86. 20-A MRSA §12741, sub-§§l and 2, as enacted by PL 
2001, c. 439, Pt. HHHH, §1, are amended to read: 
1. 
means 
System. 
President of 
the President of 
the system. 
the Maine 
"President of the 
~eeRBieal 
Co~~unity 
system" 
College 
2. 
System. 
"System" means the Maine 
~eeRBieal Community 
College System. 
Sec. 87. 22 MRSA §3762, sub-§2, 1fI, as enacted by PL 1997, c. 
530, Pt. A, §16, is amended to read: 
I. 
The Maine ~eeRBieal Community College System; 
Sec. 88. 22 MRSA §3789-B, first~, as corrected by RR 1995, c. 
2, §43 and amended by PL 1999, c. 401, Pt. J, §4 and PL 2001, c. 
354, §3 and c. 439, Pt. G, §6, is further amended to read: 
The Interdepartmental Welfare Reform Committee, referred to 
in 
this 
section 
as 
the 
"committee," 
is 
established. 
The 
committee 
consists 
of 
the 
Commissioner 
of 
Education, 
the 
Commissioner 
of 
Labor, 
the President of the Maine 
±eeRBieal 
Community College 
System, 
the 
Commissioner 
of 
Behavioral 
and 
Developmental Services, the Director of the Office of Substance 
Abuse, the Commissioner of Corrections or a designee from the 
Long Creek Youth Development Center and the Commissioner of Human 
Services, who serves as chair. 
The committee shall monitor the 
efforts of the state departments involved in welfare reform and 
ensure cooperation among those departments. 
Sec. 89. 22 MRSA §3789-D, sub-§3, ~D, as enacted by PL 1997, 
c. 530, Pt. A, §30, is amended to read: 
D. 
Representatives 
System, 
including 
campuses, appointed 
of the Maine ~eeRBieal Community College 
a 
gender 
coordinator 
at 
one 
of 
the 
by the president; and 
• 
• 
Sec. 90. 23 MRSA §1201, sub-§35, as amended by PL 1989, c. 
443, §58, is further amended to read: 
35. 
Southern Maine Community College. 
A sign 6aall must be 
provided by the Southern Maine '±eeB.liieal Community College and 
installed and maintained by the Maine Turnpike Authority at Exit 
waiea-wil1--€GlifGFffi that conforms with standards established by 
the Maine Turnpike Authority and 6aa1-l-Feaa reads as follows: 
EXIT FOR: 
SOUTHERN MAINE 
'±Eb~NlbAb COMMUNITY COLLEGE; 
Sec. 91. 26 MRSA §1021, as amended by PL 1989, c. 443, §60, 
is further amended to read: 
SI021. 
Purpose 
It is declared to be the public policy of this State and it 
is the purpose of this chapter to promote the improvement of the 
relationship between public employers 
and their employees 
by 
providing 
a 
uniform basis 
for 
recognizing the 
right of 
the 
University of Maine 
System employees, 
Maine 
Maritime 
Academy 
employees and teeRRJ.€a.J.--&e-1-1-el3e Maine Community College System 
employees to join labor organizations of their own choosing and 
to be represented by such organizations in collective bargaining 
for terms and conditions of employment. 
Sec. 92. 26 MRSA §1022, sub-§l-C, as amended by PL 1989, c. 
443, §61, is further amended to read: 
I-C. 
Community college. "'±eeaRiea1- Community college" means 
the Maine state teeaRiea1- community colleges and their activities 
and functions supervised by the Board of Trustees of the Maine 
'±eeaRiea1-
Community 
College 
System 
or 
its 
designee. 
The 
employment 
relations, 
policies 
and 
practices 
throughout 
the 
teeaRiea1-
community colleges 
6aal1-
must 
be 
as 
consistent 
as 
possible. It is the responsibility of the board of trustees or 
its designee to negotiate collective bargaining agreements and 
administer 
these 
agreements. 
The 
board 
of 
trustees 
or 
its 
designee is responsible for employer functions of the teeaRiea1-
community colleges under this chapter and shall coordinate its 
collective 
bargaining 
activities 
with 
campuses 
or 
units 
on 
matters of teeaRiea1-
community college concern. In addition to 
its 
responsibilities 
to 
the 
public generally, 
the 
board 
of 
trustees 
6aal±---aave 
has 
the 
specific 
responsibility 
of 
considering and representing the interests and welfare of the 
students in any negotiations under this chapter. 
Sec. 93. 26 MRSA §1022, sub-§3, as amended by PL 1989, c. 443, 
§62, is further amended to read: 
3. 
Board of Trustees. 
"Board of Trustees" means the Board 
of Trustees of the University of Maine System, 
the Board of 
Trustees of the Maine Maritime Academy or the Board of Trustees 
of the Maine ~eeHRiea± Community College System. 
Sec. 94. 26 MRSA §1022, sub-§l1, as amended by PL 1989, c. 
443, §63, is further amended to read: 
11. 
University, 
academy 
or 
community college employee. 
"University, 
academy or 
teeHRiea± 
community 
college 
employee" 
means any regular employee of the University of Maine System, the 
Maine Maritime Academy or the Maine 
~eeHRiea± Community College 
System performing services wi thin a campus or unit, except any 
person: 
A. 
Appointed to office pursuant to law; 
B. 
Appointed by the Board of Trustees as a vice-president, 
dean, 
director 
or 
member 
of 
the 
chancellor's, 
superintendent's or Maine ~eeaRiea± Community College System 
executive director's immediate staff; 
C. 
Whose 
duties 
necessarily 
imply 
a 
confidential 
relationship with respect to matters subject to collective 
bargaining as between such person and the university, the 
academy or the Maine ~eeHRiea± Community College System; or 
D. 
Employed in the initial 6 months of employment. 
Sec. 95. 26 MRSA §1023, as amended by PL 1989, c. 443, §64, 
is further amended to read: 
SI023. 
Right of university, academy or community college 
employees to join labor organizations 
No 
one 
may 
directly 
or 
indirectly 
interfere 
with, 
intimidate, restrain, coerce or discriminate against uni versi ty, 
academy or teeaRiea± community college employees or a group of 
university, academy or teeHRiea± community college employees ln 
the free exercise of their rights, hereby given, voluntarily to 
join, form and participate in the activities of organizations of 
their 
own 
choosing 
for 
the 
purposes 
of 
representation 
and 
collective bargaining, or in the free exercise of any other right 
under this chapter. 
Sec. 96. 26 MRSA §1024-A, sub-§3, as amended by PL 1989, c. 
443, §65, is further amended to read: 
• 
• 
3. 
Maine 
Community College System. 
It is the express 
legislative intent to foster meaningful collective bargaining for 
employees 
of 
the 
Eeeaniea±--ee±±e~es Maine 
Community 
College 
System. 
Therefore, 
in 
accordance 
with 
this 
policy, 
the 
bargaining units saall-ae are strvctured with one unit in each of 
the following occupational groups: 
A. 
Faculty and instructors; 
B. 
Administrative staff; 
C. 
Supervisory; 
D. 
Support services; 
E. 
Institutional services; and 
F. 
Police. 
Sec. 97. 26 MRSA §1024-A, sub-§5, as amended by PL 1989, c. 
443, §66, is further amended to read: 
5. 
Additional bargaining units. 
Notwithstanding subsection 
1, 2 or 3, the Legislature recognizes that additional or modified 
university 
system-wide 
units, 
academy 
units 
or 
Eeeaniea± 
communi ty college units may be appropriate in the future. 
The 
employer or employee organizations may petition the executive 
director 
for 
the 
establishment 
of 
additional 
or 
modified 
university 
system-wide 
units, 
academy 
units 
or 
Eeeaniea± 
community college units. 
The executive director or a designee 
shall determine the appropriateness of those petitions, taking 
into consideration the community of interest and the declared 
legislative intent to avoid fragmentation whenever possible and 
to insure employees the fullest freedom in exercising the rights 
guaranteed by this chapter. 
The executive director or a designee 
conducting unit determination proceedings may administer oaths 
and 
require 
by 
subpoena 
the 
attendance 
and 
testimony 
of 
wi tnesses, the production of books, records and other evidence 
relative or pertinent to the issues represented to them. 
Sec. 98. 26 MRSA §1025, as amended by PL 1991, c. 622, Pt. 0, 
§10, is further amended to read: 
§l025. 
Determination of bargaining agent 
1. 
Voluntary recognition. 
Any employee organization may 
file 
a 
request 
with 
the 
university, 
academy 
or 
Eeeanieal 
community colleges alleging that a majority of the university, 
academy 
or 
Eeeaniea± 
community 
college 
employees 
in 
an 
appropriate 
bargaining 
unit 
as 
established 
in 
section 
1964 
1024-A, wish to be represented for the purpose of collective 
bargaining between the university, academy or seeaBieal community 
colleges and the employees' organization. Such request saall must 
describe the grouping of jobs or positions waiea that constitute 
the unit claimed to be appropriate and saall must include 
a 
demonstration of majority support. Such request for recognition 
saall must be granted by the university, 
academy or seeaBieal 
community colleges unless the university, 
academy or seeaBieal 
community colleges desire that an election determine whether the 
organization 
represents 
a 
majority 
of 
the 
members 
in 
the 
bargaining unit. In the event that the request for recognition is 
granted 
by 
the 
university, 
academy 
or 
seeaBieal 
community 
colleges, the executive director shall certify the organization 
so recognized as the bargaining agent. 
2. 
Elections. 
A. 
The executive director of the board, upon signed request 
of the university, 
academy or seeaBieal community college 
alleging that one or more university, academy or seeaBieal 
communi ty college employees or employee organizations have 
presented 
to 
it 
a 
claim 
to 
be 
recognized 
as 
the 
representative of a bargaining unit of university, academy 
or seeaBieal community college employees, 
or upon signed 
petition of at least 30% of a bargaining unit of university, 
academy or seeaBieal community college employees that they 
desire to be represented by an organization, shall conduct a 
secret ballot election to determine whether the organization 
represents 
a 
majority of 
the 
members 
of 
the bargaining 
uni t. 
Such an election may be conducted at sui table work 
locations 
or 
through 
the 
United 
States 
mail, 
and 
the 
procedures adopted and employed must ensure that neither the 
employee 
organizations 
or 
the 
management 
representatives 
involved in the election have access to information that 
would identify a voter. 
B. 
The 
ballot 
saall 
must 
contain 
the 
name 
of 
such 
organization and that of 
any other organization 
showing 
written 
proof 
of 
at 
least 
10% 
representation 
of 
the 
university, academy or seeaBieal community college employees 
within the unit, together with a choice for any university, 
academy or seeaBieal community college employee to designate 
that the employee does not desire to be represented by any 
bargaining agent. Where more than one organization is on the 
ballot, 
and no one of the 3 or more choices receives 
a 
majority 
vote 
of 
the 
university, 
academy 
or 
seeaBieal 
community college employees voting, a run-off election saall 
must be held. The run-off ballot saall must contain the 2 
choices waiea that received the largest and 
2nd largest 
.. 
• 
number of votes. When an organization receives the majority 
of votes of 
those voting, 
the executive director shall 
certify it as the bargaining agent. 
The bargaining agent 
certified as representing a bargaining unit saa;!,;!, must be 
recognized by the university, academy or teeaaiea;!, community 
colleges as the sole and exclusive bargaining agent for all 
of the employees in the bargaining unit unless and until a 
decertification election by secret ballot saall-ae is held 
and the bargaining agent declared by the executive director 
as not representing a majority of the unit. 
C. 
Whenever 
30% 
of the employees 
in a 
bargaining unit 
petition for 
a 
bargaining agent to 
be decertified, 
the 
procedures for conducting an election on the question saa;!,;!, 
ae are the same as for representation as bargaining agent 
hereinbefore set forth. 
D. 
No 
question concerning 
within 
one 
year 
of 
a 
certification. Where there is 
representation may 
certification 
or 
a valid collective 
be 
raised 
attempted 
bargaining 
agreement 
in 
effect, 
representation may be 
more than 90 nor less 
date of the agreement. 
no 
question 
concerning 
unit 
or 
raised except during the period not 
than 60 days prior to the expiration 
E. 
The bargaining agent certified by the executive director 
or a designee as the exclusive bargaining agent for a unit 
is required to represent all the university, 
academy or 
teeaaiea;!, 
community 
college 
employees 
within 
the 
unit 
without regard to membership in the organization certified 
as bargaining agent, except that any university, academy or 
teeaaiea;!, community college employee may present at any time 
that employee's grievance to the employer and have that 
grievance 
adjusted 
without 
the 
intervention 
of 
the 
bargaining agent, if the adjustment is not inconsistent with 
the terms of any collective bargaining agreement then in 
effect and the bargaining agent's representative has been 
given reasonable opportunity to be present at any meeting of 
the parties called for the resolution of that grievance. 
Sec. 99. 26 MRSA §1026, sub-§l, as amended by PL 1993, c. 84, 
§l, is further amended to read: 
1. 
Negotiations. 
It is the obligation of the university, 
academy, 
teeaniea;!, 
community 
college 
or 
state 
schools 
for 
practical 
nursing 
and 
the 
bargaining 
agent 
to 
bargain 
collectively. "Collective bargaining" means, for the purpose of 
this chapter, their mutual obligation: 
A. 
To meet at reasonable times; 
B. 
To meet within 10 days after 
from the other party requesting 
bargaining purposes if the parties 
in a prior written contract; 
receipt of written notice 
a meeting for collective 
have not otherwise agreed 
C. 
To confer and negotiate in good faith with respect to 
wages, 
hours, 
working 
conditions 
and 
contract grievance 
arbitration, except that by such obligation neither party is 
compelled to agree to 
a 
proposal or required to make 
a 
concession; 
D. 
To execute in writing any agreements arrived at, the 
term of any such agreement to be subject to negotiation, but 
not to exceed 3 years; and 
E. 
To participate in good faith in the mediation, 
fact 
finding and arbitration procedures required by this section. 
Sec. 100. 26 MRSA §1026, sub-§l-A, as repealed and replaced by 
PL 2001, c. 559, Pt. JJ, §1, is amended to read: 
1-A. 
Additional bargaining; 
community college employees. 
Cost items in any collective bargaining agreement of t:eeaaieal 
community college employees must be submitted for inclusion in 
the Governor's next operating budget within 10 days after the 
date on which the agreement is ratified by the parties. 
If the 
Legislature rejects any of the cost items submitted to it, all 
cost items submitted must be returned to the parties for further 
bargaining. 
"Cost 
items" 
includes 
salaries, 
pensions 
and 
insurance. 
Cost items related to a collective bargaining agreement reached 
under this chapter and 
submitted to the Legislature for its 
approval under this subsection may not be submitted in the same 
legislation that contains cost items for employees exempted from 
the definition of "t:eeaaieal community college employee" under 
section 1022, subsection 11, except that cost items for those 
employees exempted under section 1022, subsection 11, paragraph D 
need not be excluded. 
Sec. 101. 26 MRSA §1026, sub-§4, ~C, as amended by PL 1989, c. 
443, §70, is further amended to read: 
C. 
In 
reaching 
a 
decision 
under 
this 
section, 
the 
arbitrators shall consider the following factors: 
(1) 
The interests and welfare of the students and the 
public and the financial ability of the university, 
• 
• 
.. 
• 
academy or teeaHiea± community colleges to finance the 
cost items proposed by each party to the impasse; 
(2) 
Comparison 
of 
the 
wages, 
hours 
and 
working 
conditions of the employees involved in the arbitration 
proceeding with the wages, hours and working conditions 
of 
other 
employees 
performing 
similar 
services 
in 
public and private employment competing in the 
same 
labor market; 
(3) 
The overall compensation presently received by the 
employees, 
including 
direct 
salary 
and 
wage 
compensation, 
vacation, 
holidays, 
life 
and 
health 
insurance, retirement and all other benefits received; 
(4) 
Such other factors not confined to the factors set 
out in subparagraphs (1) to (3), which are normally and 
traditionally 
taken 
into 
consideration 
in 
the 
resolution of disputes involving similar subjects of 
collective bargaining in public higher education; 
(5) 
The need of the university, academy or teeaniea± 
community colleges for qualified employees; 
(6) 
Conditions of employment in similar occupations 
outside the university, academy or teeaHiea± community 
colleges; 
(7) 
The 
between 
need to 
different 
academy or teeaHiea± 
maintain appropriate relationships 
occupations 
in 
the 
university, 
community colleges; and 
(8) 
The 
need 
to 
establish 
fair 
and 
reasonable 
conditions 
in 
relation 
to 
job 
qualifications 
and 
responsibilities. 
Sec. 102. 26 MRSA §1027, sub-§l, as amended by PL 1989, c. 
443, §71, is further amended to read: 
1. 
University, 
academy 
and 
community 
colleges; 
prohibitions. 
The university, its representatives and agents, 
the academy, its representatives and agents and the teeaniea± 
community 
colleges, 
their 
representatives 
and 
agents 
are 
prohibited from: 
A. 
Interfering with, restraining or coercing employees in 
the exercise of the rights guaranteed in section 1023; 
B. 
Encouraging or discouraging membership in any employee 
organization by discrimination in regard to hire or tenure 
of employment or any term or condition of employment; 
C. 
Dominating or interfering with the formation, existence 
or administration of any employee organization; 
D. 
Discharging 
or 
otherwise 
employee 
because 
the 
employee 
affidavit, petition or complaint 
testimony under this chapter; 
discriminating 
against 
an 
has 
signed or 
filed 
any 
or given any information or 
E. 
Refusing to bargain collectively with the bargaining 
agent of its employees as required by section 1026; or 
F. 
Blacklisting of any employee organization or its members 
for the purpose of denying them employment. 
Sec. 103. 26 MRSA §1027, sub-§2, as amended by PL 1989, c. 
443, §72, is further amended to read: 
2. 
University, academy, 
community colleges; prohibitions. 
University employees, 
university employee organizations, 
their 
agents, members and bargaining agents; academy employees, academy 
employee 
organizations, 
their 
agents, 
members 
and 
bargaining 
agents; 
and 
~eehRiea± community 
college 
employees, 
~eehRiea± 
community college employee organizations, their agents, members 
and bargaining agents are prohibited from: 
A. 
Interfering with, restraining or coercing employees in 
the exercise of the rights guaranteed in section 1023 or the 
university, academy and 
~eehRiea± community colleges in the 
selection of 
their 
representatives 
for 
the 
purposes 
of 
collective bargaining or the adjustment of grievances; 
B. 
Refusing to bargain collectively with 
academy 
and 
~eehRiea± community colleges 
section 1026; and 
the university, 
as 
required by 
C. 
Engaging in: 
(1) 
A work stoppage, slowdown or strike; and 
(2) 
The 
~eehRiea± 
preventing 
blacklisting of the university, 
academy 
communi ty 
colleges 
for 
the 
purpose 
them from filling employee vacancies. 
or 
of 
Sec. 104. 26 MRSA §1029, sub-§I, as amended by PL 1989, c. 
443, §73, is further amended to read: 
• 
• 
1. 
Board pover to prevent prohibited acts. The board is 
empowered, as provided, to prevent any person, the university, 
any university employee, any university employee organizations, 
the 
academy, 
any 
academy 
employees, 
any 
academy 
employee 
organizations, 
the 
~eehnieal community colleges, 
any 
~eehnieal 
community 
college 
employee, 
any 
~eehnieal 
community 
college 
employee organizations; or any bargaining agent from engaging in 
any of the prohibited acts enumerated in section 1027. This power 
shall-ne~-Be is not affected by any other means of adjustment or 
prevention that has been or may be established by agreement, law 
or otherwise. 
Sec. 105. 26 MRS A §1029, sub-§2, as amended by PL 1989, c. 
443, §74, is further amended to read: 
2. 
Complaints. 
The university, 
any university employee, 
any university employee organization, the academy, 
any academy 
employee, 
any 
academy 
employee 
organization, 
the 
~eehnieal 
community colleges, any ~eehnieal community college employee, any 
~eehnieal 
community 
college 
employee 
organization, 
or 
any 
bargaining 
agent 
whieh 
that 
believes 
that 
any 
person, 
the 
university, 
any 
university 
employee, 
any 
university 
employee 
organization, 
the 
academy, 
any 
academy 
employee, 
any 
academy 
employee 
organization, 
the 
~eehnieal community 
colleges, 
any 
~eehnieal community college employee, 
any 
~eehnieal community 
college employee organization or any bargaining agent has engaged 
in or is engaging in any such prohibited practice may file a 
complaint with the executive director of the board stating the 
charges in that regard. No such complaint shall may be filed with 
the executive director until the complaining party shall-have has 
served a copy thereof upon the party named in the complaint. Upon 
receipt of such complaint, the executive director or a designee 
shall review the charge to determine whether the facts as alleged 
may constitute a prohibited act. If it is determined that the 
facts do not, as a matter of law, constitute a violation, the 
charge shall must be dismissed by the executive director, subject 
to review by the board. If a formal hearing is eeemee considered 
necessary 
by 
the 
executive 
director 
or 
by 
the 
board, 
the 
executive director shall serve upon the parties to the complaint 
a notice of the prehearing conference and of the hearing for the 
prehearing conference or the hearing, as appropriate, provided 
that 
no 
hearing 
shall--ae 
is 
held 
based 
upon 
any 
alleged 
prohibited practice occurring more than 6 months prior to the 
filing of the complaint with the executive director. The party 
complained of shall-Rave has the right to file a written answer 
to the complaint and to appear in person or otherwise and give 
testimony at the place and time fixed for the hearing. In the 
discretion of the board, any other person or organization may be 
allowed to intervene in that proceeding and to present testimony. 
Nothing in this subsection may restrict the right of the board to 
require the executive director or a designee to hold a prehearing 
conference on any prohibited practice complaint prior to the 
hearing before the board and taking whatever action, including 
dismissal, 
attempting 
to 
resolve 
disagreements 
between 
the 
parties or recommending an order to the board, as the executive 
director or a designee may deem consider appropriate, subject to 
review by the board. 
Sec. 106. 26 MRSA §1031, as amended by PL 1989, c. 443, §76, 
is further amended to read: 
§I031. 
Scope of binding contract arbitration 
A collective bargaining agreement between the university, 
the academy or the teeHaieal community colleges and a bargaining 
agent may provide for binding arbitration as the final step of a 
grievance procedure but the only grievances wHieH that may be 
taken to such binding arbitration sHall-Be are disputes between 
the parties as to the meaning or application of the specific 
terms of collective bargaining agreement. An arbitrator with the 
power to make binding decisions pursuant to any such provisions 
sHall-Rave has no authority to add to, subtract from or modify 
the collective bargaining agreement. 
Sec. 107. 26 MRS A §1034, sub-§2, as amended by PL 1989, c. 
443, §77, is further amended to read: 
2. 
No restriction on eligibility for federal grant-in-aid 
or assistance program. 
Nothing in this chapter or any contract 
negotiated pursuant to this chapter may in any way be interpreted 
or 
allowed 
to 
restrict 
or 
impair 
the 
eligibility 
of 
the 
university, any of its campuses or units, academy or teelmieal 
community colleges in obtaining the benefits under any federal 
grant-in-aid or assistance p~e~~ams program. 
Sec. 108. 26 MRSA §1418-L, as enacted by PL 1995, c. 560, Pt. 
F, §13, is amended to read: 
§14l8-L. 
Correctional, mental and certain educational 
institutions 
This article does not apply to or authorize the installation 
of vending facilities in a building wholly used by a correctional 
or mental institution or by an educational institution of any 
type supported in whole or in part from public funds, unless that 
educational institution is a university, college, junior college 
or a teeHaieal community college. 
Sec. 109. 26 MRSA §2006, sub-§5-A, 1[B, as enacted by PL 1997, 
c. 683, Pt. D, §9, is amended to read: 
• 
.. 
B. 
The committee is composed of 12 voting members appointed 
by the Governor and made up as follows: 4 members must be 
representatives of employees and be bona fide members of a 
recognized major 
labor 
organization; 
members 
must 
be 
representatives of employers and be bona fide employers or 
authorized representatives of bona fide employers; 
and 
members must be representatives of the public, selected from 
neither industrial employers nor employees, nor may they be 
directly concerned with any particular industrial employer 
or employee. 
At least 2 members who are representatives of 
the public must represent the interests of women, minorities 
and recipients of aid to families with dependent children 
who are in registered apprenticeships. 
Each member holds 
office until a successor is appointed and qualified, and any 
vacancy must be filled by appointment for the unexpired 
portion of the term. 
The chair of the committee must be a 
member of the committee and is named by the members of the 
committee. 
The Commissioner of Labor or a designee, 
the 
Commissioner 
of 
Economic 
and 
Community Development 
or 
a 
designee, the Commissioner of Education or a designee, the 
chair of the councilor .a member designee and the President 
of 
the 
Maine 
~eeaa~ea± 
Community 
College 
System 
or 
a 
designee are nonvoting ex officio members of the committee. 
Sec. 110. 26 MRSA §2006~ sub-§5-A, 1fI, as enacted by PL 1997, 
c. 683, Pt. D, §9, is amended to read: 
I. 
The Maine ~eeaa~ea± Community College System remains the 
primary 
vendor 
for 
apprenticeship-related 
instruction 
according to 
a 
biennial articulation agreement with the 
Department of Labor. 
(1) 
The committee shall cooperate with the Department 
of Education, local school authorities, such as adult 
education and applied technology centers, 
and other 
groups 
in 
organizing 
and 
establishing 
related 
or 
supplemental instruction for apprentices employed under 
approved agreements. 
(2) 
An 
educational 
institution 
or 
apprenticeship 
sponsor 
may 
provide 
related 
and 
supplemental 
instruction according to the policies established by 
the committee. Educational providers shall identify a 
contact person 
for 
the 
committee 
staff. 
As 
funds 
permit, the Department of Labor shall underwrite 50% of 
tuition costs 
for 
apprentices 
in good 
standing at 
public 
educational 
institutions 
and 
provide 
tuition 
assistance 
to 
sponsor 
groups 
in 
accordance 
with 
committee policies. 
To ensure that adequate funds are 
410, 
available for tuition, the committee shall provide the 
Commissioner of Labor with its biennial plan, including 
projected apprenticeship enrollments and a 
subsequent 
budget request. 
(3) 
The 
committee 
shall assist the 
Department 
of 
Education, 
the 
Ssase~6---seeaBieal---eelle~e6 
Maine 
Community 
College 
System, 
local 
school 
authorities, 
such as adult education and applied technology centers, 
and other groups in developing training courses to 
establish preapprenticeship training programs if the 
seeaBieal community colleges, local schools and other 
groups 
wish 
to 
do 
so. 
Successful 
completion 
of 
preapprenticeship 
training 
programs 
enables 
a 
participant to meet the qualifying standards of the 
apprenticeship for which the participant has expressed 
serious 
interest. 
All 
preapprenticeship 
training 
programs are subject to approval by the committee. 
Sec. 111. 26 MRSA §2006, sub-§7, ~C, as enacted by PL 1997, c. 
§12 and affected by §13, is amended to read: 
C. 
The 
Governor 
shall 
appoint 
members 
to 
a 
technical 
support group to assist the council in the performance of 
its duties and responsibilities. 
The Governor shall appoint 
persons to serve on the technical support group for 3-year 
terms. 
The 
services 
provided 
by 
the 
State's 
various 
workforce organizations must be fairly represented in the 
technical 
support 
group 
with 
consideration 
given 
to 
a 
balance between rural and urban interests. 
Organizations 
with 
representation 
on 
the 
technical 
support 
group 
may 
include, but are not limited to: 
(1) 
The Job Training Partnership Act Service Delivery 
Areas; 
(2) 
Adult education; 
(3) 
School-to-work; 
(4) 
Providers that specialize in women's 
workforce 
issues; 
(5) 
Rehabilitation providers; 
(6) 
Welfare-to-work; 
(7) 
The University of Maine System; 
(8) 
The Maine ~eeaBieal Community College System; 
• 
.. 
• 
(9) 
Applied technology education; and 
(10) 
The 
Department 
of 
Economic 
and 
Community 
Development, 
the 
Department 
of 
Education, 
the 
Department of Human Services, the Department of Labor 
and the State Planning Office. 
Sec. 112. 26 MRS A §2164, sub-§2, as amended by PL 1993, c. 
306, §5, is further amended to read: 
2. 
Skill training. 
Skill training must be provided by 
qualified 
training 
providers 
such 
as 
the 
State's 
~eeRBiea± 
community 
colleges 
to qualified participants 
who 
are 
either 
entering the field or are employed health care workers who want 
to upgrade their skills. 
Participants may be referred by the 
state job training system. 
Sec. 113. 27 MRSA §455, as amended by PL 1993, c. 435, §8, is 
further amended to read: 
§455. 
Determination of amount for acquisition of art 
The commission, in consultation with the Bureau of General 
Services, the Department of Education, the Office of Facilities 
within the University of Maine System or the Maine ';I;eeRBiea:l 
Community College System, whichever has budgetary authority over 
the project, 
shall determine 
the 
mlnlmum 
amount 
to 
be 
made 
available for the purchase of art for each public building or 
facility. 
Sec. 114. 27 MRSA §457, sub-§2, as amended by PL 1993, c. 435, 
§9, is further amended to read: 
2. 
Procedures for participation of architect. 
Advise the 
Bureau of General Services, 
the Department of Education, 
the 
Office of Facilities within the University of Maine System and 
the 
Maine 
';I;eeRBiea:l 
Community 
College 
System 
concerning 
procedures for participation and compensation of the architect in 
connection with the acquisition of 
works 
of art under 
this 
chapter; 
Sec. 115. 29-A MRSA §517, sub-§l, 1rI, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
I. 
Vehicles loaned to the University of Maine System and 
the Maine ';I;eelmiea:l Community College System and used in 
organized programs; 
Sec. 116. 30-A MRSA §4451, sub-§3, as amended by PL 1997, c. 
296, §7, is further amended to read: 
3. 
Training 
and 
certification 
of 
code 
enforcement 
officers. 
In cooperation with the Maine 
TeeaBiea± 
Community 
College System, the Department of Environmental Protection and 
the Department of Human Services, the office shall establish a 
continuing education program for 
individuals engaged in code 
enforcement. 
This 
program 
must 
provide 
basic 
and 
advanced 
training in the technical and legal aspects of code enforcement 
necessary for certification. 
Sec. 117. 32 MRSA §1101, sub-§4-A, as amended by PL 1999, c. 
606, §1, is further amended to read: 
4-A. 
Supervision. 
One apprentice electrician or one helper 
electrician may work with and under the supervision of each 
master 
electrician, 
limited 
electrician 
or 
journeyman 
electrician. 
A master 
electrician who 
teaches 
an electrical 
course at a Maine applied technology center, 
a 
Maine applied 
technology region, 
a 
Maine 
~eeaBiea± community college or 
an 
apprenticeship program registered by the Department of Labor may 
have 
a 
maximum of 12 helper or apprentice electricians under 
direct supervision while making electrical installations that are 
a 
part 
of 
the 
instructional 
program 
of 
the 
school 
or 
apprenticeship program, 
as 
long as 
the total value of 
each 
installation does not exceed $5,000. An electrical installation 
may not be 
commenced pursuant to this subsection without the 
prior approval of the director or president of the school or 
apprenticeship program at which the master electrician is an 
instructor. 
These installations are limited to those done in 
buildings or facilities owned or controlled by: 
A. 
School administrative units; 
B. 
Nonprofit organizations; and 
C. 
Households as defined in Title 36, sections 6206 and 
6207. 
The Electricians' Examining Board and the municipal electrical 
inspector of the municipality in which the installation is to be 
made, if the municipality has an inspector, must be notified of 
all 
installation 
projects 
entered 
into 
pursuant 
to 
this 
subsection prior to the commencement of the project. There must 
be 
an inspection by 
a 
state electrical inspector or by the 
municipal electrical inspector of the municipality in which the 
installation has been made, if the municipality has an inspector, 
before any wiring on the project is concealed. 
• 
• 
Sec. 118. 32 MRSA §1202, sub-§l, ,A, as amended by PL 1993, c. 
349, §67, is further amended to read: 
A. 
For a journeyman electrician's license, a person must: 
(1) 
Complete at least 8, 000 hours of service as an 
apprentice or helper electrician or at least 8,000 
hours 
of experience in electrical installations, 
as 
defined in section 1101, and satisfactorily complete a 
program of study comprising 576 hours as approved by 
the Electricians' Examining Board or from an accredited 
institution. 
The 576 hours shall consist of 225 hours 
of required study, including an approved course of not 
less than 45 hours in the current National Electrical 
Code; and 351 hours of elective study, comprised of all 
trade-related electives or 225 hours of trade-related 
courses and 135 hours of degree-related courses; 
(2) 
Be 
a graduate of an accredited regional applied 
technology high school 2-year electrical program, have 
worked 
for 
8,000 
hours 
in the field of electrical 
installations 
under 
the 
supervision 
of 
a 
master 
electrician or 
the equivalent and have 
completed 
a 
course 
of 
not 
less 
than 
hours 
in 
the 
current 
National Electr ical Code, the course to be approved by 
the board; 
(3) 
Be 
a graduate of an accredited Maine teeRnieal 
community 
college 
electrical 
program 
or 
a 
vocational-electrical 
program 
of 
the 
Department 
of 
Corrections, have worked for 4, 000 hours in the field 
of electrical installations under the supervision of a 
master electrician or the equivalent and have completed 
a 
course of not less than 45 hours in the current 
National Electrical Code, the course to be approved by 
the board. 
Persons qualifying under this paragraph may 
write the journeyman's examination upon graduation if 
application is made within one year of graduation; or 
(4) 
Be an electrical apprentice registered with the 
State Apprenticeship 
and 
Training 
Council 
and 
have 
completed 576 hours of related instruction, as defined 
in this paragraph, prescribed in their apprenticeship 
program, the 8, ~OO-hour approved program and a course 
of not less than 45 
hours in the current National 
Electrical 
Code, 
the course to 
be 
approved 
by 
the 
board. 
Persons qualifying under this paragraph may 
write the journeyman's examination after completion of 
the 576 hours of instruction, if application is made 
within one year of the completion of the instruction. 
Sec. 119. 32 MRSA §2401-B, sub-§I, ,A, as enacted by PL 1999, 
c. 386, Pt. J, §14, is amended to read: 
A. 
For a journeyman oil burner technician license, a person 
must present satisfactory evidence to the board of at least 
one year's licensed practical experience as an apprentice 
oil burner technician, or 6 months of licensed practical 
experience and completion of an oil burner technician course 
at a 
Maine teeRBieal 
community college, 
regional applied 
technology center, applied technology region or comparable 
institute 
from 
Maine 
or another state consisting, 
at 
a 
minimum, of 160 hours of study of which at least 75 hours 
are made up of laboratory work on oil burner equipment and 
related systems. 
An 
out-of-state applicant must present 
satisfactory 
evidence 
to 
the 
board 
of 
experience 
in 
installing, cleaning, servicing, altering and repairing oil 
burning equipment. 
Sec. 120. 32 MRSA §3501, sub-§2, ,B, as amended by PL 1999, c. 
386, Pt. L, §6, is further amended to read: 
B. 
A minimum of 
2,000 hours 
of 
work 
in the field of 
plumbing installations as a journeyman-in-training under the 
supervision of a licensed master plumber, 
as long as the 
work experience is obtained within 4 years of the date upon 
which 
the 
applicant 
was 
issued 
a 
journeyman-in-training 
license. 
A journeyman-in-training license must 
be 
issued 
upon sworn application to any person who has satisfactorily 
completed one academic year of instruction in plumbing at a 
board-approved 
teeRBieal 
community 
college 
and 
who 
has 
obtained a passing grade, as determined by the board on the 
journeyman's examination. 
Sec. 121. 32 MRSA §3501, sub-§2-B, as enacted by PL 1999, c. 
386, Pt. L, §6, is amended to read: 
2-B. 
Journeyman-in-training. 
The 
board 
may 
issue 
a 
journeyman-in-training 
license 
to 
a 
person 
who 
provides 
satisfactory 
evidence 
of 
completion 
of 
a 
plumbing 
course 
consisting of 
one 
year 
or 
semesters 
at 
a 
board-approved 
teeRBieal community college. 
A journeyman-in-training license is 
valid for a single nonrenewable period of 4 years and may be 
issued only once to any individual. 
Sec. 122. 32 MRSA §8105, sub-§7-A, ,D, as amended by PL 1989, 
c. 443, §90, is further amended to read: 
D. 
Possesses a minimum of 6 years of preparation consisting 
of a combination of: 
, 
.. 
(1) 
Work experience, 
nonclerical occupation 
justice system; and 
including at least 2 years in a 
related to law or the criminal 
(2) 
Educational experience, including at least: 
(a) 
Sixty 
academic 
credits 
education 
acquired 
at 
an 
college, college or university; 
of 
post-secondary 
accredited 
junior 
or 
(b) 
An associate degree in law enforcement, based 
on 
years 
of 
post-secondary 
instruction, 
conferred by 
an established teeRRiea± 
community 
college: and 
Sec. 123. 35-A MRSA §3210, sub-§5, lIC, as amended by PL 1999, 
c. 372, §l, is further amended to read: 
C. Provide for a distribution of the funds to the University 
of Maine 
'±eeRRiea± 
System, the Maine 
Community College 
research and development; and 
Maritime Academy or the Maine 
System for renewable resource 
Sec. 124. 36 MRSA §5276-A, sub-§I, as repealed and replaced by 
PL 1997, c. 393, Pt. A, 
§43 and affected by §44, is amended to 
read: 
1. 
Generally. 
An 
agency 
of 
the 
State, 
including 
the 
University of Maine 
System or 
the 
Maine 
'±eeRRiea± 
Community 
College System, that is authorized to collect from an individual 
or corporation a liquidated debt greater than $25 shall notify in 
writing the State Tax Assessor and supply information necessary 
to identify the debtor whose refund is sought to be set off. The 
assessor, upon notification, shall assist the requesting agency 
by 
setting off 
that 
debt 
against 
a 
refund 
to 
which 
that 
individual 
or 
corporation 
is 
entitled 
under 
this 
Part. 
Liquidated child support debts that the 
Department of 
Human 
Services 
has 
contracted to collect, 
pursuant to Title 
19-A, 
section 2103 
or 
2301, 
subsection 2, 
are eligible, 
under the 
provisions of this section, for setoff against a refund due the 
obligated individual. 
The assessor shall provide the creditor 
agency with the name, address and social security number of each 
debtor whose refund is subject to setoff. 
Sec. 125. 39-A MRSA §401, sub-§5, lIC, as enacted by PL 1991, 
c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read: 
C. 
The employer shall submit a workplace health and safety 
plan to the Department of Labor for review and comment, 
complete the elements of the plan and notify the Department 
of Labor of its completion. 
The plan may include attendance 
at 
a 
teeaBieal 
community 
college 
in 
the 
State 
or 
the 
Department of Labor workplace health and safety training 
programs. 
Sec. 126. Transition provisions. 
The following provisions apply 
to the Maine Community College System on the effective date of 
this Act. 
The Maine Community College System, including all of 
its component entities, is the successor in every way to the 
powers, 
duties 
and 
function 
of 
the 
Maine 
Technical 
College 
System, including all of its component entities. 
These powers, 
duties 
and 
functions 
include, 
but 
are 
not 
limited to, 
the 
fOllowing: 
1. 
The 
members 
of 
Technical College System 
Trustees 
of 
the 
Maine 
appointed terms expire. 
the 
Board of Trustees of the 
Maine 
shall serve as members of the Board of 
Community 
College 
System 
until 
their 
2. 
All accrued expenditures, assets, liabilities, balances, 
allocations, transfers, revenues and all other available funds of 
the Maine Technical College System are authorized for use by the 
Maine Community College System. 
3. 
All 
existing 
rules, 
regulations 
and 
procedures 
in 
effect, in operation or adopted in or by the Maine Technical 
College System or officers continue in effect until rescinded, 
revised or amended by the pertinent authority within the Maine 
Community College System. 
4. 
All existing contracts, agreements, bonds, 
insurances, 
leases and compacts currently in effect in the Maine Technical 
College System continue in effect until rescinded, 
revised or 
amended by the pertinent authority within the Maine 
Community 
College System. 
5. 
The Maine Community College System shall serve as the 
successor employer to, and shall assume the obligations of, the 
Maine Technical College System. 
6. 
All buildings, automobiles, real property, equipment and 
other property previously belonging to or allocated for the use 
of the Maine Technical College System become the property of the 
Maine Community College System. 
• 
• 
.. 
I. 
.. 
7. 
The Maine Community College System 
Technical College System as 
a 
recipient of 
funding. 
succeeds the Maine 
federal vocational 
8. 
All existing forms, 
licenses, 
letterheads, 
signs and 
similar items bearing the name of or referring to the "Maine 
Technical College System" may be utilized by the Maine Community 
College 
System 
until 
existing 
supplies 
of 
those 
items 
are 
exhausted. 
Sec. 
127. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
MAINE TECHNICAL COLLEGE SYSTEM 
Maine Technical College System, 
Board of Trustees of the 
Initiative: 
System 
as 
System. 
Provides funds to launch the Maine Community College 
a 
transformation 
from 
the 
Maine 
Technical 
College 
General Fund 
All Other 
General Fund Total 
SUMMARY 
2003-04 
$500,000 
$500,000 
2004-05 
$500,000 
$500,000 
This bill amends the Maine Revised Statutes to reflect the 
transformation of the Maine Technical College System into the 
Maine 
Community 
College 
System. 
The 
bill 
changes 
statutory 
references from "technical" college or system to "community." 
It 
also amends the laws governing the Maine Career Advantage program 
to align its services with the Maine Community College System .