An Act To Amend the Composition of the Maine Port Authority
Maine Legislature, Session 123, LD 1249
Committee: Transportation
Sponsors: DAMON, MARLEY
Amends: 5 MRSA §285, 23 MRSA §4421

Legislative Document 
No. 1249 
S.P.435 
March 8, 2007 
An Act To Amend the Composition of the Maine Port Authority 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MARLEY of Portland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §285, sub-§l, ~F-6 is enacted to read: 
F-6. Any employee ofthe Maine Port Authority; 
Sec. 2. 23 MRSA §4421, as amended by PL 1983, c. 812, §147, is repealed and 
the following enacted in its place: 
§4421. 
Directors; appointment; president; vacancy 
The Maine Port Authority consists of a board of directors, referred to in this section 
as "the board." The board consists of 7 directors who must be broadly representative of 
the State and must have a background in international trade, marine transportation, 
finance or economic development. Six directors are appointed by the Governor, each to 
serve for 4 years. The remaining director is the Commissioner of Transportation, who 
serves as chair of the board and president. The president of the Maine International Trade 
Center serves as an ex officio member of the board. The directors shall elect a vice-chair, 
treasurer and other officers as the board determines necessary. A vacancy must be filled 
for an unexpired term by the Governor. 
1. 
Meetings of directors; compensation. All the powers of the Maine Port 
Authority may be exercised by the board in lawful meeting, and a majority of the 
directors is necessary for a quorum. Regular meetings of the board may be established by 
bylaw, and notice need not be given to the directors of a regular meeting. Each director is 
entitled to compensation in the amount of $100 per board meeting plus expenses, but only 
if the compensation is provided solely from the revenues of the Maine Port Authority. 
2. 
Actions at law or in equity. Actions at law or in equity in the courts of this State 
or before the Public Utilities Commission or Workers' Compensation Board may be 
brought by or against the Maine Port Authority as if it were a private corporation, except 
that its property may not be attached, trusteed or sequestered, but, if a judgment 
recovered against it is not paid within 30 days, its personal property may be seized on 
execution. 
Sec. 3. 23 MRS A §4430 is enacted to read: 
§4430. Employees 
1. 
Emplovees. 
The board of directors of the Maine Port Authority may hire 
employees as the board considers necessary to fulfill its purposes. The board may also 
contract for the services of assistants, attorneys, experts, inspectors and consultants as the 
board considers necessary or desirable for its purposes. 
2. 
Retirement. Employees of the Maine Port Authority are subject to the state 
retirement system provisions of Title 5, Part 20 and the state employee health insurance 
program under Title 5, chapter 13, subchapter 2. 
The retirement accounts of state employees transferred to the authority in its capacity as 
an independent agency must remain in the state regular plan. New employees of the 
authority shall also become members of the Maine State Retirement System under the 
state regular plan. The authority shall make employer retirement plan contributions at the 
state regular plan rate. Employee retirement plan contributions are at the state regular 
plan rate. 
Authority employees are entitled to receive the same retirement health benefits as state 
employees. 
3. Fringe benefits. The accrued fringe benefits of state employees transferred to the 
Maine Port Authority in its capacity as an independent agency, including vacation and 
sick leave, health and life insurance and retirement, remain with the transferred 
employee. 
SUMMARY 
This bill increases the number of members on the Maine Port Authority'S board of 
directors from 5 to 7, clarifies the general qualifications for membership, allows the 
president of the Maine International Trade Center to be an ex officio member of the 
board, transfers liability for compensation and expenses of board members fully to the 
authority and requires that employees of the authority be subject to the state retirement 
system and state employee health insurance program, with all costs for these benefits to 
be paid by the authority.