An Act To Restructure the Board of Commissioners of the Maine State Housing Authority To Closely Match Local Authorities
Maine Legislature, Session 123, LD 0441
Committee Amendment CA_A_S33 (Senate)
Amends: 30-A MRSA §4723

COMMITTEE AMENDMENT "A " to S.P. 142, L.D. 441, Bill, "An Act To 
Restructure the Board of Commissioners of the Maine State Housing Authority To 
Closely Match Local Authorities" 
Amend the bill by striking out everything after the title and before the summary and 
inserting in its place the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is necessary to improve and restore confidence in the governance of the 
Board of Commissioners of the Maine State Housing Authority to allow for greater 
responsiveness to and representation of the people it serves; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4723, sub-§2, ~, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
B. 
The Maine State Housing Authority, as authorized by Title 5, chapter 379, shall 
must have + 1.Q commissioners, ~ ~ of whom sRaU must be appointed by the 
Governor, subject to review by the joint standing committee of the Legislature having 
jurisdiction over economic development, and to confirmation by the Legislature. The 
1 
6th 9th commissioner is the Treasurer of State who shall serve serves as an ex officio 
voting member. The Treasurer of State may designate the Deputy Treasurer of State 
to serve in place of the Treasurer of State. The .fth 10th commissioner is the director 
of the Maine State Housing Authority who shall serve serves as an ex officiO;-ilfld 
who is ehairman of the eommissioners nonvoting member. 
+he--§. At least 3 
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COMMITTEE AMENDMENT" A" to S.P. 142, L.D. 441 
gubernatorial appointments must include, but are not limited to, representatives ~ 
representative of bankers and of low ineome or, a representative of elderly people~ 
One eommissioner must be and a resident of housing whlefl that is subsidized or 
assisted by programs of the United States Department of Housing and Urban 
Development or of the Maine State Housing Authority. In making this appointment 
appointing the resident, 
the Governor shall give priority consideration to 
nominations that may be made by tenant associations established in the State. Of the 
remaining gubernatorial appointments, the Governor shall give priority to a 
representative involved in the housing business and a representative of people with 
disabilities. 
The Governor shall appoint the chair of the commissioners from among the 8 
gubernatorial appointments. The chair serves as a nonvoting member, except that the 
chair may vote only to break a tie. The commissioners shall elect a viee ehairman 
vice-chair of the commissioners from among their number. The commissioners of 
the Maine State Housing Authority shall establish and revise from time to time 
policies of the Maine State Housing Authority relating to the following particular 
matters: 
(1) Standards of issuing, servicing and redeeming bonds; 
(2) Purchase, sale or commitment to purchase mortgages or notes; 
(3) Initiating project construction and accepting properly completed facilities; 
(4) Setting and establishing selection and evaluation standards, criteria and 
procedures under which it will purchase, sell or agree to purchase loans, notes or 
obligations, having regard among other things to: 
(a) Property values; 
(b) Local economic conditions and expectancy; 
(c) Credit and employment; and 
(d) 
Local housing conditions and needs and the availability of credit 
resources to meet those needs relative to similar or competing conditions and 
needs in other localities in the State; 
(5) Setting and establishing procedures for the servicing of loans, notes and 
obligations acquired by it, including the allowance of servicing fees to 
participating lenders to whom the Maine State Housing Authority may entrust 
such servicing; 
(6) Setting and establishing procedures for the collection of money due from 
persons liable for payment, as to any loan, note or obligation held by the Maine 
State Housing Authority, by subrogation or otherwise, and to initiate and 
maintain any action at law or in equity, including foreclosure proceedings, to 
enforce payment; 
(7) 
Setting and establishing procedures for the orderly liquidation and 
disposition of any property acquired by the Maine State Housing Authority 
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COMMITTEE AMENDMENT" A" to S.P. 142, L.D. 441 
through foreclosure or otherwise in full or partial satisfaction of any debt or 
obligation held by it; and 
(8) Establishing and maintaining out of income or otherwise any reserves that 
the Maine State Housing Authority from time to time determines to be necessary 
and prudent in addition to those specifically required. 
Following reasonable notice to each commissioner, -4- ~ commissioners of the Maine 
State Housing Authority constitute a quorum for the purpose of conducting its 
business, exercising its powers and for all other purposes, notwithstanding the 
existence of any vacancies. Action may be taken by the commissioners upon a vote 
of a majority of the commissioners present, unless its bylaws require a larger number. 
Sec. 2. Transition provisions; completion date. 
All appointments to the 
Board of Commissioners of the Maine State Housing Authority must be completed by 
January 31, 2008. The following provisions govern the transition in appointments of 
board members and changes to the board pursuant to the Maine Revised Statutes, Title 
30-A, section 4723, subsection 2, paragraph B. 
1. 
In making the 3 new appointments, the Governor must give priority to a 
representative involved in the housing business and a representative of people with 
disabilities. The members currently serving on the board continue to serve until the 
expiration of their terms. Thereafter, the commissioners must be appointed as provided 
in the Maine Revised Statutes, Title 30-A, section 4723, subsection 2, paragraph B. 
2. The director of the Maine State Housing Authority shall serve as chair of the 
board of commissioners until a successor is appointed. 
3. Four commissioners constitute a quorum until all gubernatorial appointees have 
been confirmed. 
Emergency clause. 
In view of the emergency cited III the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and clause and replaces the bill. It 
increases the number of commissioners on the Maine State Housing Authority from 7 to 
commissioners, increases the number appointed by the Governor from 5 to 8 and 
requires that at least 3 appointments be given to a representative of bankers, the elderly 
and a resident of subsidized housing. It requires that of the 5 remaining gubernatorial 
appointments, priority be given to a representative involved in the housing business and a 
representative of the disability community. It requires that the director of the Maine State 
Housing Authority serve as an exofficio, nonvoting member and the Treasurer of State 
serve as an exofficio voting member. It requires the Governor to appoint the chair of the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 142, L.D. 441 
commissioners from among the 8 gubernatorial appointments and provides that the chair 
serve as a nonvoting member, except that the chair may vote only to break a tie. It also 
increases the number of commissioners necessary for a quorum from 4 to 5. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/28/07 
~aC!. 
LD441 
LR 267(02) 
An Act To Restructure the Board of Commissioners of the Maine State Housing Authority To Closely 
Match Local Authorities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Funds 
Additional costs to the Maine State Housing Authority associated with increasing the total number of commissioners 
from 7 to 10 can be absorbed within existing budgeted resources. 
LR0267(02) - Fiscal Note - Page 1 of 1