An Act To Clarify Laws Regarding Maine's Community Colleges
Maine Legislature, Session 128, LD 1073
Committee: Education and Cultural Affairs
Sponsors: LANGLEY, KORNFIELD, DOW, LIBBY, MAKER, WHITTEMORE, MALABY, TUELL
Amends: 5 MRSA §18, 20-A MRSA §12701, 20-A MRSA §12706, 20-A MRSA §12709, 20-A MRSA §12713, 20-A MRSA §12716

Legislative Document
No. 1073
S.P. 355
In Senate, March 16, 2017
An Act To Clarify Laws Regarding Maine's Community Colleges
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LANGLEY of Hancock.
Cosponsored by Representative KORNFIELD of Bangor and
Senators: DOW of Lincoln, LIBBY of Androscoggin, MAKER of Washington, 
WHITTEMORE of Somerset, Representatives: MALABY of Hancock, TUELL of East 
Machias.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §18, sub-§1, ¶B, as repealed and replaced by PL 1989, c. 443, 
§5 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to 
read: 
B.  "Executive employee" means the constitutional officers, the State Auditor, 
members of the state boards and commissions as defined in chapter 379 and 
compensated members of the classified or unclassified service employed by the 
Executive Branch, but it shall does not include: 
(1)  The Governor; 
(2)  Employees of and members serving with the National Guard; 
(3)  Employees of the University of Maine System, the Maine Maritime 
Academy and state community colleges the Maine Community College System;  
(4)  Employees who are employees solely by their appointment to an advisory 
body; 
(5)  Members of boards listed in chapter 379, who are required by law to 
represent a specific interest, except as otherwise provided by law; and 
(6)  Members of advisory boards as listed in chapter 379. 
Sec. 2.  20-A MRSA §12701, sub-§1, as enacted by PL 1985, c. 695, §11, is 
repealed. 
Sec. 3.  20-A MRSA §12701, sub-§4-A is enacted to read: 
4-A.  Presidents' council.  "Presidents' council" means the advisory council of the 
system as established in section 12713. 
Sec. 4.  20-A MRSA §12706, sub-§1, as amended by PL 1989, c. 878, Pt. I, §4 
and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read: 
1.  Policies.  To develop and adopt policies for the operation of the system, the Maine 
Community College System Office and the colleges; establish the administrative 
presidents' council; and approve programs and policies recommended by the president of 
the system and the administrative presidents' council; 
Sec. 5.  20-A MRSA §12706, sub-§9, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
9.  Contracts and agreements.  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 this chapter;, except 
that any such agreement other than an employment agreement that contains the following 
provisions against the system is void: 
A.  Any requirement that the system must waive its governmental immunity or 
limited liability; 
B.  Any requirement that the system must carry insurance in addition to or in excess 
of its existing insurance; 
C.  Any requirement that the system must defend, indemnify or hold harmless any 
other party; 
D.  Any requirement that the system must submit to the law of a state other than this 
State; 
E.  Any requirement that the system must waive its insurer's rights of subrogation; 
F.  Any requirement that the system must pay another party's attorney's fees; and 
G.  Any requirement that the agreement is subject to an automatic renewal other than 
month to month; 
Sec. 6.  20-A MRSA §12706, sub-§13, as amended by PL 2007, c. 67, §3, is 
further amended to read: 
13.  Property management.  To acquire by purchase, gift, lease or rent any property, 
lands, buildings, structures, facilities or equipment necessary to fulfill the purposes of this 
chapter.  The board of trustees shall manage, rent, lease, sell and dispose of property, 
including lands, buildings, structures, equipment and facilities, and license dormitory 
rooms for occupancy by students.  The purchase and installation of faucets, shower heads, 
toilets and urinals is subject to Title 5, section 1762-A.  If the board of trustees proposes 
to sell or permanently transfer any interest in real estate, the transaction must be approved 
by the Legislature before the interest is transferred.  Any revenues derived from these 
uses are to be credited to a separate fund to be used for the purposes of this chapter. 
Notwithstanding any other provision of law, the board of trustees may grant or otherwise 
transfer utility easements without legislative approval; 
Sec. 7.  20-A MRSA §12706, sub-§14, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
14.  Facilities management; construction and renovation. To authorize the 
construction, maintenance, renovation, reconstruction or other necessary improvements 
of buildings, structures and facilities and promote the regular use of facility master 
planning in order to coordinate efficient long-term facilities planning; 
Sec. 8.  20-A MRSA §12706, sub-§15, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
15.  Courses of study and degrees.  To offer courses of study, grant diplomas and 
certificates on completion of courses of study, confer associate degrees based on 2 years 
of instruction and establish qualifications for admission; to offer short-term and on-site 
training, to meet the needs of the private and public sectors and economic development 
and employment training programs; and to offer adult education and continuing 
educational opportunities to meet the needs of nontraditional students and of adults who 
need training or retraining in response to changes in technology or the needs of the 
economy; and to encourage the development of innovative delivery methods, course 
schedules, student support services and prior learning assessments that help expand 
access to both credit and noncredit programming; 
Sec. 9.  20-A MRSA §12706, sub-§19, as amended by PL 2001, c. 590, §2 and 
by PL 2003, c. 20, Pt. OO, §2 and affected by §4 and amended by PL 2005, c. 397, Pt. D, 
§3, is further amended to read: 
19.  Advisory committees.  To appoint or identify advisory committees to advise the 
board of trustees with respect to career and technical education and training policies and 
programs, to procedures for modifying the programs of the colleges to meet the needs of 
the State's economy and the changing job market and to the efficient operation of the 
colleges and the Maine Community College System Office.  These committees may 
include, but need not be limited to, the Maine Council on Vocational Education, 
authorized under the United States Carl D. Perkins Vocational Education Act, Section 
112, Public Law 98-524, or its successor; and 
Sec. 10.  20-A MRSA §12706, sub-§20, as enacted by PL 2001, c. 590, §3, is 
amended to read: 
20.  Debt.  To borrow funds, issue bonds and negotiate notes and other evidences of 
indebtedness or obligations of the system for renovation, public improvements, land 
acquisition and construction purposes to pay for costs as defined in Title 22, section 2053, 
subsection 3.  The board of trustees may issue temporary notes and renewal notes to pay 
for those costs.  Bonds, notes or other evidences of indebtedness or obligations of the 
system are legal obligations of the system on behalf of the State and are payable solely 
from the system's revenues and other sources of funds, including funds obtained pursuant 
to Title 22, section 2053, subsection 4-B, paragraph A.  These borrowings by the system 
do not constitute debts or liabilities of, and are not includable in, any debt obligation of 
the State.  The board of trustees has the discretion to fix the date, maturities, 
denomination, interest rate, place of payment, form and other details of the bonds or notes 
of the system.  Unless otherwise provided in the vote authorizing their issuance, bonds or 
notes of the system must be signed by the president of the system and countersigned by 
the chair of the board of trustees.  The aggregate principal amount of outstanding bonds, 
notes or other evidences of indebtedness of the system may not exceed $35,000,000 at 
any one time, excluding temporary notes and renewal notes.  The bonds may be issued 
through the Maine Health and Higher Education Facilities Authority.  The board of 
trustees may pledge or assign its revenues, including any funds that have been or may be 
appropriated to the system, and the proceeds of those revenues and its other property as 
security toward its bonds, notes, other evidences of indebtedness or other obligations of 
the system.  The proceeds of bonds, notes or other evidences of indebtedness may be 
invested in accordance with subsection 8.  Bonds, notes and other evidences of 
indebtedness issued under this subsection are not debts of the State, nor a pledge of the 
credit of the State, but are payable solely from the funds of the system.  Indebtedness 
incurred and evidences of indebtedness issued under this chapter constitute a proper 
public purpose, and all income derived is exempt from taxation in the State.  The net 
earnings of the system may not inure to the benefit of any private person, and no 
borrowing may be effected pursuant to this chapter unless the amount of the borrowing 
and the project or projects are submitted to the Office of Fiscal and Program Review for 
review by the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs at least 60 days before closing on such borrowing for 
the project or projects is to be initiated.; and 
Sec. 11.  20-A MRSA §12706, sub-§21 is enacted to read: 
21.  Campus security.  To support the development of campus security plans and 
policy, including the assessment of how persons qualified and designated by law 
enforcement or system policy may exercise the powers of Title 17-A, sections 107 and 
108. 
Sec. 12.  20-A MRSA §12709, sub-§1, as amended by PL 1991, c. 376, §38, is 
further amended to read: 
1.  Leadership.  To develop policies, goals and objectives with respect to the 
operation of the colleges, to be reviewed and, when necessary, approved by the board of 
trustees.  The president of the system shall meet regularly with the administrative 
presidents' council to develop these policies and goals; 
Sec. 13.  20-A MRSA §12709, sub-§9, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
9.  Long-range planning and research.  In cooperation with the administrative 
presidents' council, to undertake long-range planning and research, including planning for 
construction, renovation and reconstruction projects and report findings and 
recommendations to the board of trustees; 
Sec. 14.  20-A MRSA §12713, as amended by PL 1989, c. 878, Pt. I, §11, is 
further amended to read: 
§12713.  Presidents' council 
The administrative presidents' council shall be is a nonvoting, advisory council 
composed of the presidents of the colleges to advise the board of trustees and the 
president of the system.  The administrative presidents' council shall advise the president 
of the system in the performance of the duties assigned under this chapter and shall make 
recommendations to the president of the system and the board of trustees with respect to 
the administration of the colleges, courses of study, educational programs, curricula, 
coordination of programs between the colleges, coordination with other institutions of 
higher learning and other educational and training institutions and other matters as 
requested by the president of the system or the board of trustees. 
Sec. 15.  20-A MRSA §12716, sub-§1, as amended by PL 1989, c. 443, §52, is 
further amended to read: 
1.  Scholarships and campus employment.  The board of trustees shall develop and 
administer a program programs of scholarships and campus employment for college 
students.  Awards shall must be based on evidence of individual need and worth. 
Students selected to receive a scholarship shall must fulfill the following qualifications: 
A.  Show evidence of the qualifications necessary to complete a course of study 
successfully and to become a competent technical or craft worker in an industrial, 
administrative, technical or trade pursuit; 
B.  Show demonstrated ability and willingness to support the expenses of education 
and training; and 
C.  Show demonstrated need of financial assistance to help pay the cost of college 
attendance or, in the case of on-campus employment programs, demonstrate the 
ability to benefit from the increased engagement that such programs provide. 
SUMMARY 
This bill changes the name of the Maine Community College System's advisory 
council of college presidents from the administrative council to the presidents' council.  It 
allows the Board of Trustees of the Maine Community College System to encourage the 
development of innovative education delivery methods, course schedules, student support 
services and prior learning assessments that help expand access to both credit and 
noncredit programming, to support the development of campus security plans and policy 
and to develop and administer programs of campus employment.  It makes changes to 
promote the regular use of facility master planning and removes the requirement that the 
Legislature must approve real estate transactions selling or permanently transferring any 
interest in real estate.  It also imposes a number of constraints on contracts the board of 
trustees may enter into, other than employment contracts.