An Act To Create a Unified Board of Higher Education
Maine Legislature, Session 125, LD 0982
Committee: Education and Cultural Affairs
Sponsors: ROTUNDO, KATZ, MARTIN, NELSON, STRANG BURGESS, FARNHAM
Amends: 5 MRSA §1664, 5 MRSA §1665, 5 MRSA §1742-C, 5 MRSA §12004-C, 20-A MRSA §10022, 20-A MRSA §12701, 20-A MRSA §12705, 20-A MRSA §12706, 20-A MRSA §12709, 20-A MRSA §12718

Legislative Document 
No. 982 
H.P. 726 
House of Representatives, March 8, 2011 
An Act To Create a Unified Board of Higher Education 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative ROTUNDO of Lewiston. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: MARTIN of Eagle Lake, NELSON of Falmouth, STRANG BURGESS of 
Cumberland, Senator: FARNHAM of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  5 MRSA §1664, sub-§1, ¶E, as enacted by PL 2005, c. 601, §1, is 
repealed. 
Sec. A-2.  5 MRSA §1665, sub-§5, as enacted by PL 1991, c. 376, §20 and 
amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed. 
Sec. A-3.  5 MRSA §1742-C, sub-§3, as enacted by PL 1991, c. 376, §22 and 
amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed. 
Sec. A-4.  5 MRSA §12004-C, sub-§2, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. A-5.  5 MRSA §12004-C, sub-§3, as amended by PL 1989, c. 443, §14 and 
PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed. 
Sec. A-6.  5 MRSA §12004-C, sub-§4, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. A-7.  5 MRSA §12004-C, sub-§8 is enacted to read: 
8.   
Sec. A-8.  20-A MRSA c. 402 is enacted to read: 
CHAPTER 402 
BOARD OF TRUSTEES OF HIGHER EDUCATION 
§10021.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the Board of Trustees of Higher Education established 
under section 10022. 
2.  Public postsecondary education institution.  "Public postsecondary education 
institution" means: 
A.  The Maine Community College System, as established by chapter 431; 
B.  The Maine Maritime Academy, as established by Private and Special Law 1941, 
chapter 37; and 
Board of Trustees of Higher 
Education 
Expenses Only 
20-A MRSA §10022
C.  The University of Maine System, as established by Private and Special Law 1865, 
chapter 532. 
3.  Trustee.  "Trustee" means a member of the board. 
§10022.  Board of Trustees of Higher Education 
1.  Board established.  The Board of Trustees of Higher Education is established 
pursuant to Title 5, section 12004-C, subsection 8 to govern the affairs and operations of 
the public postsecondary education institutions in this State. 
2.  Successor.  The board is the successor of the: 
A.  Board of Trustees of the Maine Community College System; 
B.  Board of Trustees of the Maine Maritime Academy; and 
C.  Board of Trustees of the University of Maine System. 
Sec. A-9.  20-A MRSA §12701, sub-§2, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
2.  Board of trustees. "Board of trustees" means the board of trustees of the system 
Board of Trustees of Higher Education established under chapter 402. 
Sec. A-10.  20-A MRSA §12705, as amended by PL 2005, c. 425, §25, is 
repealed. 
Sec. A-11.  20-A MRSA §12706, as amended by PL 2007, c. 67, §§2 and 3, is 
repealed. 
Sec. A-12.  20-A MRSA §12709, sub-§7, as enacted by PL 1985, c. 695, §11, is 
repealed. 
Sec. A-13.  20-A MRSA §12718, as amended by PL 1991, c. 376, §42 and PL 
2005, c. 397, Pt. D, §3, is repealed. 
Sec. A-14.  P&SL 1865, c. 532, §4, as amended by P&SL 1997, c. 37, §2, is 
repealed and the following enacted in its place: 
Sec. 4.  Board of trustees.  As used in this chapter, "the board of trustees," "the 
board" or "trustees" means the Board of Trustees of Higher Education established 
pursuant to the Maine Revised Statutes, Title 20-A, chapter 402.  The University of 
Maine System is governed by the Board of Trustees of Higher Education in accordance 
with Title 20-A, chapter 402. 
Sec. A-15.  P&SL 1865, c. 532, §4-B, sub-§1, as amended by P&SL 1997, c. 37, 
§3, is repealed. 
Sec. A-16.  P&SL 1941, c. 37, §1, 2nd ¶, as amended by PL 2007, c. 240, Pt. 
XXX, §1, is repealed and the following enacted in its place: 
As used in this chapter, "board," "board of trustees" or "trustees" means the Board of 
Trustees of Higher Education established pursuant to the Maine Revised Statutes, Title 
20-A, chapter 402.  The affairs of the school are governed by the Board of Trustees of 
Higher Education in accordance with Title 20-A, chapter 402. 
Sec. A-17.  Effective date.  This Part takes effect August 1, 2012. 
PART B 
Sec. B-1.  Unified Board of Higher Education Transition Team.  The 
Unified Board of Higher Education Transition Team is established to provide for the 
orderly transition of the governance of the University of Maine System, the Maine 
Maritime Academy and the Maine Community College System from their respective 
boards of trustees to the Board of Trustees of Higher Education as established by the 
Maine Revised Statutes, Title 20-A, chapter 402. 
1.  Definitions.  As used in this Part, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Public postsecondary education institution" means the University of Maine 
System, the Maine Maritime Academy and the Maine Community College System. 
B.  "Transition team" means the Unified Board of Higher Education Transition Team 
established in this Part. 
2.  Members of the transition team.   The transition team consists of the following 
members: 
A.  Two trustees from the Board of Trustees of the University of Maine System 
selected by that board; 
B.  Two trustees from the Board of Trustees of the Maine Community College 
System selected by that board; 
C.  One trustee from the Board of Trustees of the Maine Maritime Academy selected 
by that board; 
D.  The Commissioner of Education; 
E.  A former president of a private college in the State appointed by the Governor; 
F.  Six members of the public, who may not be current or former members of the 
boards of trustees of the public postsecondary education institutions and who must 
represent 6 distinct and different regions of the State, 2 of whom are appointed by the 
President of the Senate, 2 of whom are appointed by the Speaker of the House and 2 
of whom are appointed by the Governor; and 
G.  One member from each employee union that represents any employee of a public 
postsecondary education institution, to be selected by the union. 
All appointments and selections under this subsection must be made within 30 days of the 
effective date of this Part. The Speaker of the House shall name the chair of the transition 
team. 
3.  Duties; report.  The transition team shall work collaboratively to provide for the 
transfer of the duties and powers of the individual boards of trustees of the public 
postsecondary education institutions to the Board of Trustees of Higher Education and 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over education and cultural affairs no later than December 2, 2011. In its report, the 
transition team shall suggest recommended legislation. The transition team in its report 
shall include recommendations that, at a minimum, propose: 
A.  The statutory qualifications, appointment mechanisms and terms for trustees on 
the Board of Trustees of Higher Education for inclusion in the Maine Revised 
Statutes, Title 20-A, chapter 402; 
B.  The statutory powers and duties of the Board of Trustees of Higher Education for 
inclusion in the Maine Revised Statutes, Title 20-A, chapter 402, which may include, 
but are not limited to, either the authority or requirement for the board: 
(1)  To develop and adopt policies for and oversee the administration of each 
public postsecondary education institution; 
(2)  To prepare budgets for the public postsecondary education institutions for 
presentation to the Governor and the Legislature and to otherwise manage the 
financial affairs of the institutions, including the authority to establish and collect 
tuition and other fees and charges; 
(3)  To enter into any contracts, leases and agreements and any other instruments 
and arrangements that are necessary, incidental or convenient to the performance 
of its duties and the execution of its powers under Title 20-A, chapter 402; 
(4)  To oversee the legal affairs of the institutions; 
(5)  To develop and adopt personnel policies and procedures for the institutions; 
(6)  To oversee facilities management at the institutions; 
(7)  To ensure the appropriate offering of courses of study, granting of diplomas 
and certificates on completion of courses of study and conferring of degrees 
authorized at each institution; and 
(8)  To undertake other duties and responsibilities determined necessary by the 
transition team; 
C.  Any changes identified by the transition team in the administration or 
organizational structure of any of the public postsecondary education institutions to 
ensure the efficient operation of the institutions under a single board of trustees; and 
D.  Changes to the laws governing the University of Maine System, the Maine 
Maritime Academy and the Maine Community College System to ensure substantive 
and technical consistency and avoid ambiguity or conflict in those laws in relation to 
fully implementing the Board of Trustees of Higher Education. 
4.  Committee authorized to submit a bill.  The joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs may submit a bill to the 
transition team. 
SUMMARY 
This bill replaces the Board of Trustees of the University of Maine System, the Board 
of Trustees of the Maine Community College System and the Board of Trustees of the 
Maine Maritime Academy with the Board of Trustees of Higher Education to provide a 
unified body for the governance of those institutions. 
Part A makes changes to the law to replace some select references to the individual 
boards of trustees with the unified board and enacts a new chapter in the Maine Revised 
Statutes, Title 20-A with provisions that establish the new unified board. 
Part B establishes a transition team to recommend further changes to the law to fully 
accomplish the transition to the unified board.  The transition team will specifically 
recommend changes to determine the qualifications of trustees and the powers and duties 
of the unified board in a report to the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs.  The report of the transition team must 
also recommend changes to the administration or organization and the existing law 
governing the University of Maine System, the Maine Maritime Academy and the Maine 
Community College System to ensure that any potential conflicts with the law 
establishing the new unified board are avoided.  The joint standing committee is 
authorized to submit a bill to the Second Regular Session of the 125th Legislature based 
upon the report.