An Act To Conform the Voting Members of Certain State Entities
Maine Legislature, Session 121, LD 1402
Committee: Business, Research and Economic Development
Sponsors: RICHARDSON, SULLIVAN, BROMLEY, MAYO
Amends: 10 MRSA §363, 20-A MRSA §1141

Legislative Document 
No. 1402 
H.P.1029 
House of Representatives, March 20, 2003 
An Act To Conform the Voting Members of Certain State Entities 
Submitted by the Office of the Treasurer of State pursuant to Joint Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative RICHARDSON of Brunswick. 
/1l~ 
/J7.11!~~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: SULLIVAN of Biddeford, Senators: BROMLEY of 
Cumberland, MAYO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §363, sub-§I-A, as amended by PL 1999, c. 728, 
§1, is further amended to read: 
1-A. 
Procedure. 
For each calendar year, the Legislature 
may establish a procedure for allocation of the entire amount of 
the state ceiling by allocating an amount of the state ceiling to 
the specific issuers designated in this section for 
further 
allocation by each specific issuer to itself or to other issuers 
for specific bond issues requiring an allocation of the state 
ceiling or 
for 
carryforward. 
This 
procedure 
supersedes 
the 
federal formula to the full extent that the United States Code, 
Title 
26, 
authorizes 
the 
Legislature 
to 
vary 
the 
federal 
formula. 
Allocations 
may 
be 
reviewed 
by 
the 
Legislature 
periodically and unused allocations may be reallocated to other 
issuers; however, 
notwithstanding the existence of legislation 
allocating or reallocating all or 
any portion of the state 
ceiling, at any time during the period from September 1st to and 
including December 31st of any calendar year, and at any other 
time that the Legislature is not in session, a group consisting 
of 
a 
representative 
of 
each 
of 
the 
issuers 
specifically 
identified in subsections 4, ~ 6 and 7; a representative of a 
corporation created pursuant to the former Title 20, section 2237 
and Title 
20-A, 
section 11407; 
and 
a 
representative of the 
Governor designated each year by the Governor may, 
by written 
agreement executed by no fewer than --4-
~ of the 
§ 
Q voting 
representatives, allocate amounts not previously allocated and 
reallocate unused allocations from one of the specific issuers 
designated in this section to another specific issuer for further 
allocation or carryforward, with respect to the state ceiling for 
that calendar year only. 
TRe-~~~-~1f-ioaJ~~-~~~~~~-iR 
s~Bsee~ie~-&-aRa-a A representative of the Department of Economic 
and 
Community 
Development 
designated 
each 
year 
by 
the 
Commissioner 
of 
Economic 
and 
Community 
Development 
shall 
participate as 
~ nonvoting 
memBe~s member 
of 
the 
group of 
representatives described in this subsection with respect to 
agreements or recommendations for allocation or reallocation of 
the state ceiling. 
Except for records containing specific and 
identifiable personal information acquired from applicants for or 
recipients of financial assistance, the records of the group of 
representatives described in this subsection are public records 
and the meetings of the group of representatives described in 
this subsection are public proceedings within the meaning of 
Title 1, chapter 13, subchapter ~ ~. 
Sec. 2. 20-A MRSA §1141S, 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 aBa 
BeBye'iB~, 
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 
institutions of higher education, one of whom must be from an 
institution not owned or operated by the State or any of its 
political subdivisions and one of whom must be from a technical 
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 
off icer, 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 
~ ~ 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 ~ ~. 
SUMMARY 
This bill amends the status of the Treasurer of State from 
being a nonvoting member to a voting member of the group of 
representatives 
who 
vote 
with 
respect 
to 
agreements 
or 
recommendations 
for 
allocation or 
reallocation of 
the 
state 
ceiling 
and 
a 
voting 
member 
of 
the 
Maine 
Educational 
Loan 
Authority.