An Act To Amend the Laws Governing the Powers and Duties of the Washington County Development Authority
Maine Legislature, Session 122, LD 1339
Committee: Business, Research and Economic Development
Sponsors: RA YE, McFADDEN, DUGAY, EMERY, PERRY
Amends: 5 MRSA §13083-A, 5 MRSA §13083-B, 5 MRSA §13083-C, 5 MRSA §13083-D

Legislative Document 
No. 1339 
S.P.466 
In Senate, March 17, 2005 
An Act To Amend the Laws Governing the Powers and Duties of the 
Washington County Development Authority 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator RA YE of Washington. 
Cosponsored by Representative McFADDEN of Dennysville and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: DUGAY of Cherryfield, EMERY of Cutler, McLEOD of Lee, PERRY of 
Calais. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §13083-A, as enacted by PL 2001, c. 568, §1, 
is amended to read: 
§13083-A. Washington County Development Authority established 
The Washington County Development Authority is established 
as a body corporate and politic and a public instrumentality of 
the State to carry out the provlslons of this article. 
The 
authority is authorized to take title, acquire and manage in the 
name of the State and by agreement with the Federal Government 
the property located wi thin the geographical boundar ies of any 
decommissioned 
federal 
military 
facility 
located 
within 
Washington County. 
The authority is also authorized to purchase, 
develop, redevelop, sell and lease commercial, residential and 
public property for the purpose of developing the economy of 
Washington County. 
This authorization allows the authority to 
provide financial and technical assistance to any governmental 
entity and nonprofit located within Washington County in support 
of community and economic development projects. 
Sec. 2. 5 MRSA §13083-B, sub-§§3 and 5, as enacted by PL 2001, 
c. 568, §1, are amended to read: 
3. 
Primary impact cOlmlunity. 
"Primary impact 
community" 
means 
~Be--m~B~€~~a~~~~e~--~--~~-~,--~~~r--~a~~--MaeB~asT 
~as~peJ?~T-~--WB~~~R'!J--and--~eHHysv~lle all municipalities in 
Washington County, including the unorganized territories. 
5. 
Real or personal property. 
"Real or personal property" 
means 
any 
property 
or 
assets 
transferred 
by 
the 
Federal 
Government or the United States Department of Defense pursuant to 
the 
closure 
of 
a 
federal 
military 
installation 
located 
in 
Washington County. 
"Real or personal property" also means any 
property or assets purchased, 
sold, 
developed, 
redeveloped or 
leased by the authority pursuant to its authority under this 
article. 
read: 
Sec. 3. 5 MRSA §13083-C, sub-§I, 1rF-l to F-3 are enacted to 
F-l. 
Borrow money and apply for and accept advances, loans, 
grants, 
contributions 
and 
other 
forms 
of 
financial 
assistance 
from 
the 
Federal 
Government, 
the 
State, 
a 
municipality or other public body or from other sources, 
public 
or 
private, 
for 
the 
purposes 
provided 
in 
this 
article, give any security that is required and enter into 
and carry out contracts in connection with that financial 
assistance: 
F 2. 
Charge and collect fees, charges and rents for the use 
of the properties and other services and use the proceeds of 
those fees, charges and rents for the purposes provided in 
this article: 
F-3. 
Employ 
an 
executive 
director 
and 
other staff 
as 
considered necessary by the board of trustees: 
Sec. 4. 5 MRSA §13083-C. sub-§2. as enacted by PL 2001, c. 
568, §1, is amended to read: 
2. 
Membership; appointment. 
The authority is governed by a 
board of trustees composed of no fewer than 9 and no more than 13 
voting members appointed or designated by the Governor. 
A. 
The Governor shall make no fewer than 8 and no more than 
~ appointments to the board of trustees, 
9-eE-wh~eh-ffi~s~-Be 
3/4 of whom must be selected from a pool of candidates who 
are residents of Washington County and are ReffiiRa~-By-~he 
p~~ffia~Y-~ffipae~-eeffiffi~R~~~es appointed from a list compiled by 
the Sunrise 
County 
Economic Councilor other bona fide 
Washington County-based economic 
development organization. 
The Governor shall appoint members who reflect the diversity 
of interests represented by these communities. 
The Governor 
shall ensure that all regions of the county are represented 
on the board of trustees. 
A municipality may not have more 
than 
trustees 
sitting 
on 
the 
board 
of 
trustees 
simultaneously. 
B. 
The 
Governor 
shall 
designate 
a 
commissioner 
of 
a 
department of State Government to be a voting, ex officio 
member of the board of trustees. 
That commissioner may name 
a designee. 
The 
g 
appointed members 
are subject to review by the joint 
standing committee of the Legislature having jurisdiction over 
business and economic development matters and to confirmation by 
the Senate. 
Sec. 5. 5 MRSA §13083-C. sub-§§3. 4 and 7. as enacted by PL 
2001, c. 568, §l, are amended to read: 
3. 
Terms. 
Trustees are appointed for 4-year 
termsT-e*eep~ 
~ha~T-~~--4R4~4a~-~i~~~&&r-~£e--&~~&~-~~-appeiR&eQ-~~-a 
eRe-yea~-~~~-~-~~~&~ee&-~e-~--&eFm&r-~-~~~~~~-~-yea~ 
~e~ffis---an4---J---t~~s~ees--~-e--
yeaF---~e~ffis. 
The 
commissioner 
designated 
pursuant 
to 
subsection 
2, 
paragraph 
B, 
or 
that 
commissioner's designee, serves at the pleasure of the Governor. 
A trustee continues to hold office until a successor is appointed 
and qualified, but the term of the successor is not altered from 
the original expiration date of that term. 
A person may not 
serve more than 2 consecutive 4-year terms as a trustee. 
4. 
Quorum. 
~iye-memeeFs A majority of appointed and sworn 
trustees constitute 
a 
quorum. 
~iye--affiFma~iye--ye~eS--aFe A 
majority vote of those present and voting is required for the 
board of trustees to take action. 
7. 
Officers; temporary agents. 
The trustees shall elect a 
chair and vice-chair from among 
~aeiF-memeeFs the trustees. 
~ae 
a~~aeFi~y-may-€~~~~€~-~~~~~i~~~~r~~-~aG-9~aeF-~emFeFaFY 
a~eB~s-~~--~-Fe~~iFes-i~-~~-~~~~Fi~y-aa6-~~~~-~-~e 
FeimeQFSe--6~€A--~~~6--~-~~--~F--~heiF--SeFyieeST The 
authority may employ an executive director, technical experts and 
other agents and employees, 
permanent and temporary, 
that it 
requires 
and 
may 
determine 
their qualifications, 
duties 
and 
compensation. 
For required legal services, 
the authority may 
retain its own legal counsel. 
Sec. 6. 5 MRSA §13083-D, as enacted by PL 2001, c. 568, §l, 
is amended to read: 
§13083-D. Property of authority 
The 
authority 
may 
lease, 
sell or 
transfer 
property 
or 
interests in property ~e-a-~~~-~~~r~~~~~F-e~aeF 
eB~i~y--ae~eFmiBea--~--~£~-~~~~-~~-~--e~~i&~--~e--~a~e 
eWBeFsaiF-aRa-pe66€66~B£-~-~~~~~~~F-i&~~&~&-iB-FFepeF~y 
~e-~~~~~-~-FeaajQ6~meR~-~--Fe~&e-e~-~~-faei±i~ies owned 
by the authority. 
A person may not hold any pecuniary interest 
in property owned by the authority while that person is a member 
of the board of trustees. 
SUMMARY 
This bill amends the laws governing the powers and duties of 
the Washington County Development Authority. 
It expands 
the 
powers of the authority to include buying, selling, developing, 
redeveloping and leasing property for the purpose of further 
developing the 
economy of Washington County. 
The bill also 
enables the membership of the board of trustees to expand to 13 
members. 
The bill also expands the definition of "primary impact 
community" to include all of the municipalities and unorganized 
territories in the county.