An Act Relating to the Governance of the Maine State Housing Authority
Maine Legislature, Session 125, LD 1778
Committee Amendment CA_A_S467 (Senate)
Amends: 30-A MRSA §4723

COMMITTEE AMENDMENT" A "to S.P. 615, L.D. 1778, Bill, "An Act Relating 
to the Governance of the Maine State Housing Authority" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §4723, as amended by PL 2007, c. 101, §1, is further 
amended to read: 
§4723. 
Appointment, qualifications, tenure and meetings of commissioners and 
directors 
1. Municipality. The following provisions apply to municipal housing authorities. 
A. 
Each authority shall appoint 7 commissioners. 
No commissioner may be 
appointed until the authority is authorized to function as provided in section 4721. In 
the case of a city having a mayor-council form of government, the mayor shall 
appoint the commissioners with the advice and consent of the council. In the case of 
a city having a manager-council form of government, the council shall appoint the 
commissioners. 
In the case of a town, the municipal officers shall appoint the 
commissioners. 
Any person who resides within the authority's boundaries or area, and who is 
otherwise eligible for appointment under this chapter, may be appointed as a 
commissioner of the authority. This section does not prevent a commissioner from 
concurrently serving as a commissioner on a renewal authority established by any 
city with a population of20,000 or more. 
The commissioners who are initially appointed under this section serve for terms of 
one, 2, 3, 4 and 5 years, respectively, from the date of their appointment. Thereafter, 
the commissioners are appointed for terms of 5 years, except that all vacancies must 
be filled for the unexpired terms. All subsequent appointments and appointments to 
fill a vacancy must be made as provided in this subsection. 
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(1) In a municipality with housing that is subsidized or assisted by programs of 
the United States Department of Housing and Urban Development, at least 2 of 
the commissioners must be residents of that housing. When tenant associations 
exist in the housing, the appointing authority shall give priority consideration to 
nominations made by the associations. The first commissioner appointed to an 
authority, who is a resident of subsidized or assisted housing, serves for a 4-year 
term from the date of appointment. 
Thereafter, the commissioner must be 
appointed as provided in this subsection. 
(2) A certificate of the appointment or reappointment of any commissioner must 
be filed with the authority. This certificate is conclusive evidence of the due and 
proper appointment of the commissioner. 
B. A commissioner shall receive no compensation for services but is entitled to any 
necessary expenses, including travel expenses, incurred in the discharge of duties. 
Each commissioner shall hold office until a successor has been appointed and has 
qualified. 
C. Each authority shall elect a chairman chair and vice chairman vice-chair from 
among the commissioners. An authority may employ a secretary, who shall be i§. 
executive director, and technical experts and any other officers, agents and employees 
that it requires and shall determine their qualifications, duties and compensation. An 
authority may employ its own counsel and legal staff. It may delegate to its agents or 
employees any powers or duties that it considers proper. 
D. The powers of an authority are vested in its commissioners. Meetings of the 
commissioners may be held anywhere within the area of operation of the authority or 
within any additional area where the authority is authorized to undertake a project. 
Four commissioners constitute a quorum of an authority for the purpose of 
conducting its business, exercising its powers and for all other purposes, 
notwithstanding the existence of any vacancies. The authority may take action upon 
the vote of a majority of the commissioners present, unless its bylaws require a larger 
number. 
2. State. The foHowing provisions apply to the state housing authority. 
B. The Maine State Housing Authority, as authorized by Title 5, chapter 379, must 
have 10 commissioners, 8 of whom 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 9th 
commissioner is the Treasurer of State who 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 10th commissioner is the director of the Maine State 
Housing Authority who serves as an ex officio nonvoting member. 
At least 3 
gubernatorial appointments must include a representative of bankers, a representative 
of elderly people and a resident of housing 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 appointing the resident, the Governor shall give priority 
consideration to nominations that may be made by tenant associations established in 
the State. Of the 5 remaining gubernatorial appointments, the Governor shall give 
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priority to a representative involved in the housing business and a representative of 
people with disabilities. The powers of the Maine State Housing Authority are vested 
in the commissioners, The commissioners may delegate such powers and duties to 
the director of the Maine State Housing Authority as they determine appropriate. 
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 when the chair's vote will affect the result. The 
commissioners shall elect a vice-chair of the commissioners from among their 
number. The commissioners of the Maine State Housing Al:lthority shall establish 
and revise from time to time policies of the Maine State Housing Authority relating 
to the foHovling 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 e)(pectancy; 
(c) Credit and employment; and 
Ed) 
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 proceoores for the servicing of loans, notes and 
obligations acquired by it, including the allo'Nance of servicing fees to 
participating lenders to 'Nhom the Maine State Housing Authority may entrust 
such servicing; 
(6) Setting and establishing proceoores for the collection of money ooe 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 la>tv or in equity, induding foreclosure proceedings, to 
enforce payment; 
(7) 
Setting and establishing procedures for the orderly liql:lidation and 
disposition of any property acquired by the Maine State Housing Authority 
through foredo sure or otherwise in full or partial satisfaction of any debt or 
obligation held by it; and 
(8) Establishing and maintaining out of income or othen'lise any reserves that 
the Maine State Housing Authority from time to time determines to be necessary 
and prudent in addition to those specifically required. 
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COMMITTEE AMENDMENT" A" to S.P. 615, L.D. 1778 
Following reasonable notice to each commissioner, 5 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 otherwise specified in law or 
required by its bylaws require a larger number. 
C. The Maine State Housing Authority shall must have a director, who must be a 
person qualified by training and experience to perform the duties of the office. The 
Governor shall appoint the director of the Maine State Housing Authority, subject to 
review by the joint standing committee of the Legislature having jurisdiction over 
economic development, and to confirmation by the Legislature. 
(1) The director is the chief administrative officer of the Maine State Housing 
Authority shall serve on a full time basis for a 4 year term of office, and until a 
successor has been appointed and qualified. The Governor commissioners shall 
establish the rate and amount of compensation of the director. 
The 
commissioners are responsible for the performance review and termination of the 
director. Any decision to terminate the director must be made by an affirmative 
vote of at least 5 commissioners. 
(2) The pov/ers and duties of the Maine State Housing Authority, except those 
listed in paragraph "8, are vested solely in the director of the Maine State Housing 
Authority. The director of the Maine State Housing Authority or a representative 
shall attend all meetings ofthe advisory board or ofthe commissioners. 
(3) 
The director of the Maine State Housing Authority shall supervise the 
administrative affairs and technical activities of the Maine State Housing 
Authority in accordance with the rules and policies established by the 
commissioners. The director of the Maine State Housing Authority may act in all 
personnel matters and may employ technical or legal experts and any other 
officers, agents and employees that the director requires, and shall determine 
their qualifications, duties and compensation. The director may delegate to the 
employees and agents any powers and duties that the director considers proper. 
D. Any person who, at the time of appointment, is a resident of the State, may serve 
as a commissioner, except that the director need not be a resident of the State before 
being appointed. 
(1) Each commissioner, except for the director and the Treasurer of State, serves 
a 4-year term beginning with the expiration of the term of that person's 
predecessor, except that a vacancy occurring in a position before the normal 
expiration of the appointment must be filled as soon as practicable by a new 
gubernatorial appointee who serves for the remainder of the unexpired term. 
Each commissioner continues to hold office after the term expires until a 
successor is appointed. In any instance in which more than one commissioner is 
serving beyond the original term, any new appointee is deemed to succeed the 
commissioner whose term expired first. 
(2) The Secretary of State shall prepare a certificate evidencing the appointment 
of each commissioner. An original of this certificate must be provided to the 
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appointee. One authenticated copy must be retained by the Maine State Housing 
Authority and one by the Secretary of State. 
An authenticated certificate of 
appointment is conclusive evidence of the appointment. 
E. The director is a full-time employee of the authority, but may receive fees or 
honoraria for services provided to others not in conflict with full-time duties and not 
performed during time for which the director is receiving compensation from the 
Maine State Housing Authority. In addition to any authorized compensation, the 
director is entitled to any employee benefits that are available to other employees of 
the Maine State Housing Authority, including, but not limited to, authority 
contributions to any retirement plan, insurance plan, deferred compensation plan or 
other similar benefits. Each commissioner and advisory board member is entitled to 
compensation according to the provisions of Title 5, chapter 
379~ except 
notwithstanding Title 5, section 12003-A, subsection 4, authorized expenses incurred 
by a state employee, or designee of that state employee, serving in an ex officio 
capacity as a commissioner must be paid from the budget of the authority. 
Sec. 2. 30-A MRS A §4725, 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: 
§4725. Removal of commissioners 
A commissioner or direotor may be removed from office for inefficiency, neglect of 
duty or misconduct in office after hearing by the legislative body of a city, the selectmen 
of a town, or the Governor, in the case of the Maine State Housing Authority, the 
Governor. The commissioner or direotor must be given a copy of the charges at least 10 
days before the hearing and must be given an opportunity to be heard in person or to be 
represented by counsel. If a commissioner or a director is removed, a record of the 
proceedings, together with the charges and the findings on the charges, .shall must be filed 
in the office of the clerk or, in the case of the Maine State Housing Authority, in the 
office of the Secretary of State. This section does not apply to the director of the Maine 
State Housing Authority, who may be removed by the commissioners pursuant to section 
4723, subsection 2, paragraph C. 
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
30-A, section 4723, subsection 2, paragraph D, of the 3 commissioners serving on the 
Maine State Housing Authority whose terms are scheduled to expire on September 30, 
2015, the term of one of those commissioners, determined by the Governor, expires on 
September 30, 2016, the term of another of these commissioners, determined by the 
Governor, expires on September 30, 2017 and the term of the 3rd commissioner, 
determined by the Governor, expires on September 30, 2018.' 
SUMMARY 
This amendment replaces the bill. It makes the following changes to the laws 
governing the Maine State Housing Authority. 
1. It removes references in the statute to the advisory board, which is no longer used. 
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COMMITTEE AMENDMENT" A" to S.P. 615, L.D. 1778 
2. It establishes that the powers of the Maine State Housing Authority are vested in 
the commissioners, and removes the provision that vested that authority with the 
director, as well as removes provisions that limited the role of the commissioners of 
the Maine State Housing Authority to establishing and revising the policies of the 
Maine State Housing Authority relating to particular matters. 
3. It provides that the commissioners may delegate such powers and duties to the 
director of the Maine State Housing Authority as they determine appropriate. 
4. It allows the chair to vote when the chair's vote will affect the result, instead of 
only in the event of a tie. 
5. It provides that action may be taken by the commissioners upon a vote of a 
majority of the commissioners present, unless otherwise specified in law or required 
by the Maine State Housing Authority'S bylaws. 
6. It establishes the director as the chief administrative officer of the Maine State 
Housing Authority and removes the director's term of office. 
7. It establishes that the commissioners, instead of the Governor, establish the rate 
and amount of compensation of the director and that the commissioners are 
responsible for the performance review and termination of the director. It provides 
that any decision to terminate the director must be done by an affirmative vote of at 
least 5 commissioners. 
8. It provides that the director of the Maine State Housing Authority is responsible 
for supervising the administrative affairs and technical activities of the Maine State 
Housing Authority in accordance with the rules and policies established by the 
commissioners. 
9. It amends the section governing the removal of the commissioners and director to 
reflect the changes made authorizing the removal of the director by the 
commissioners. 
10. It establishes staggered terms for the commissioners of the Maine State Housing 
Authority. 
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