An Act To Implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVID-19 Public Health Emergency
Maine Legislature, Session 129, LD 2167
Committee: State and Local Government
Sponsors: JACKSON, GIDEON, DOW, DILLINGHAM
Amends: 37-B MRSA §742, 26 MRSA §1199, 32 MRSA §83, 32 MRSA §88, 32 MRSA §88-B, 1 MRSA §403-A, 5 MRSA §157, 38 MRSA §1611, 22 MRSA §822

Legislative Document
No. 2167
S.P. 789
In Senate, March 17, 2020
An Act To Implement Provisions Necessary to the Health, Welfare 
and Safety of the Citizens of Maine in Response to the COVID-19 
Public Health Emergency
(EMERGENCY)
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.  (GOVERNOR'S BILL)
Cosponsored by Speaker GIDEON of Freeport and
Senator: DOW of Lincoln, Representative: DILLINGHAM of Oxford.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the spread of the novel coronavirus disease referred to as COVID-19 has 
created a public health emergency; and 
Whereas, COVID-19 is a highly contagious and sometimes fatal disease that has 
infected more than 138,000 people and caused more than 5,000 deaths worldwide, 
including more than 1,600 infected and 41 deaths in the United States; and 
Whereas, in response to this widespread disease, the World Health Organization has 
declared a pandemic, the President of the United States has declared a national 
emergency and the Governor of Maine has declared a civil state of emergency; and 
Whereas, state and federal authorities, including the federal Centers for Disease 
Control and Prevention, the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention and the Governor of Maine have recommended 
cancellation and postponement of gatherings during the spring of 2020; and 
Whereas, the most recommended ways of avoiding infection and further spreading 
the virus that causes the disease are for the authorities to reduce the number of public 
gatherings and for people to avoid large crowds; and 
Whereas, in an effort to comply with these recommendations, colleges and 
universities across the nation have suspended their academic years and closed their 
campuses; professional and collegiate sports teams have placed their seasons on an 
indefinite hiatus; concerts, conferences and conventions that attract large crowds have 
been cancelled; and the United States Congress has barred the public from the grounds of 
the United States Capitol; and 
Whereas, municipal leaders seek to ensure public safety by acting in concert with 
public health guidelines by discouraging large gatherings and also recognize the 
likelihood of low voter turnout at meetings held, depriving voters of full participation in 
municipal decisions; and 
Whereas, there is no procedure in Maine law to postpone a municipal secret ballot 
election or nomination process already in progress, and delay of municipal budget 
meetings will deprive municipal authorities of legal authority to spend and continue 
operations; and 
Whereas, it is imperative that action be taken at the earliest possible moment to 
allow for continuity of services by municipalities despite the need to postpone meetings; 
and 
Whereas, in addition to the assistance already being provided by the banks and 
credit unions in Maine, it is imperative that the State respond quickly and in an 
appropriate manner to the needs of its residents who have experienced a reduction in or 
loss of income due to the impact of COVID-19; and 
Whereas, it is in the best interests of the citizens of Maine to temporarily provide 
authorization to the Governor to waive certain restrictions, deadlines and requirements 
and take other necessary measures that allow the State to react quickly, efficiently and 
effectively to the effects of the pandemic on the citizens of Maine; 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: 
PART A 
Sec. A-1.  37-B MRSA §742, sub-§1, ¶D is enacted to read: 
D.  For the duration of a state of emergency declared by the Governor pursuant to this 
section due to the outbreak of COVID-19, and for 30 days following the termination 
of that state of emergency, in addition to any other powers conferred by law, 
including those specified in paragraph C, notwithstanding any provision of law to the 
contrary, the Governor, in consultation with the Commissioner of Education, may 
implement for elementary and secondary schools a plan to: 
(1)  Waive the compulsory attendance requirements of Title 20-A, chapter 211 
and any rules regarding compulsory attendance, including the minimum number 
of school days, or allow the compulsory attendance requirements to be met 
through nontraditional learning systems, including but not limited to remote 
access; and 
(2)  Continue to provide nutrition services to students when schools are closed in 
response to the threat posed by COVID-19. 
This paragraph is repealed January 15, 2021. 
PART B 
Sec. B-1.  26 MRSA §1199 is enacted to read: 
§1199.  Provisions under a declared state of emergency 
The provisions of this section apply for the duration of a state of emergency declared 
by the Governor pursuant to Title 37-B, section 742 due to the outbreak of COVID-19, 
and for 30 days following the termination of that state of emergency. 
1.  Benefits not charged against employer.  Notwithstanding section 1191 or 1221, 
if an individual is dislocated or temporarily laid off as a result of the state of emergency, 
benefits paid to that individual under this subchapter may not be charged against the 
experience rating record of any employer but must be charged to the General Fund. 
2.  Eligibility.  An individual is deemed to have met the eligibility requirements 
under section 1192, subsections 2 and 3 as long as the individual remains able and 
available to work for, and maintains contact with, the relevant employer and the 
individual is: 
A.  Under a temporary medical quarantine or isolation restriction to ensure that the 
individual has not been affected by the subject condition of the state of emergency 
and is expected to return to work; or 
B.  Temporarily laid off due to a partial or full closure of the individual's place of 
employment as a result of the state of emergency and is expected to return to work 
once the emergency closure is lifted. 
3.  Waiting period waived.  The waiting period requirement under section 1192, 
subsection 4-A is waived for an individual who is dislocated or temporarily laid off as a 
result of the state of emergency. 
4.  Temporary leave of absence due to COVID-19.  Notwithstanding section 1193, 
subsection 1, during the state of emergency, an individual who is on a temporary leave of 
absence due to a medical quarantine or isolation restriction, a demonstrated risk of 
exposure or infection or a need to care for a dependent family member as a result of 
COVID-19 is not disqualified from receiving benefits during this absence as long as the 
individual continues to remain able and available to work for, and maintains contact with, 
the relevant employer. 
PART C 
Sec. C-1.  32 MRSA §83, sub-§16-B, as amended by PL 2019, c. 370, §12, is 
further amended to read: 
16-B.  Medical Direction and Practices Board.  "Medical Direction and Practices 
Board" means the board consisting of each regional medical director, an emergency 
physician representing the Maine Chapter of the American College of Emergency 
Medicine Physicians, an at-large member, a toxicologist or licensed pharmacist, a person 
licensed under section 85 to provide basic emergency medical treatment, a person 
licensed under section 85 to provide advanced emergency medical treatment, a pediatric 
physician, the statewide associate emergency medical services medical director and the 
statewide emergency medical services medical director.  The Medical Direction and 
Practices Board is responsible for creation, adoption and maintenance of Maine 
Emergency Medical Services protocols pursuant to section 88-B. 
Sec. C-2.  32 MRSA §88, sub-§2, ¶H, as amended by PL 1991, c. 588, §16, is 
further amended to read: 
H.  With the approval of the commissioner, the board may enter into contracts, 
subject to provisions of state law, and delegate this authority to the director.  The 
board may also delegate to staff, through rules or emergency action, to staff, any 
provision necessary to carry out this chapter, including the process of hearings.   
Funds appropriated or allocated to the board to be contracted with the regional 
councils may be disbursed on a sole-source contract basis, according to guidelines 
established by the board. Funds must be expended in accordance with standard state 
contract or grant procedures and guidelines where appropriate. 
Sec. C-3.  32 MRSA §88-B is enacted to read: 
§88-B.  Medical Direction and Practices Board; powers and duties 
1.  Powers and duties.  The Medical Direction and Practices Board has the following 
powers and duties. 
A.  The Medical Direction and Practices Board shall create, adopt and maintain the 
Maine Emergency Medical Services protocols. 
B.  The Medical Direction and Practices Board may use videoconferencing and other 
technologies to conduct its business but is not exempt from Title 1, chapter 13, 
subchapter 1.  Members of the Medical Direction and Practices Board and its staff 
may participate in a meeting of the Medical Direction and Practices Board or its staff 
via videoconferencing, conference telephone or similar communications equipment 
by means of which all persons participating in the meeting can hear each other, and 
participation in a meeting pursuant to this paragraph constitutes presence in person at 
such a meeting. 
C.  For the duration of a state of emergency declared by the Governor in accordance 
with Title 37-B, section 742 due to the outbreak of COVID-19 and for 30 days 
following the termination of that state of emergency, the Medical Direction and 
Practices Board may, by majority vote, delegate its duties under this chapter to the 
statewide emergency medical services medical director and the statewide associate 
emergency medical services medical director. 
PART D 
Sec. D-1.  Failure to pass municipal budget; deemed approved; tax 
commitment.  Notwithstanding any law or municipal charter provision to the contrary, 
if an annual municipal budget meeting is delayed beyond the date the annual budget is 
customarily submitted to the legislative body of that municipality for approval due to 
public health concerns arising from COVID-19, the prior year’s approved budget is 
deemed the budget for the ensuing year until a final budget is approved. If a final budget 
is not approved in a timely manner and the municipal officers determine that property 
taxes must be committed in a timely manner to the collector pursuant to the Maine 
Revised Statutes, Title 36, section 709, the municipal assessor or assessors may commit 
property taxes on the basis of the budget deemed approved under this section. 
Sec. D-2.  Individual authorization of disbursements by municipal 
treasurer.  Notwithstanding the Maine Revised Statutes, Title 30-A, section 5603, 
subsection 2, paragraph A or any other law or municipal charter provision or ordinance to 
the contrary, for the duration of a state of emergency declared by the Governor in 
accordance with Title 37-B, section 742 due to the outbreak of COVID-19 and for 30 
days following the termination of that state of emergency, a municipal treasurer may 
disburse money on the authority of a warrant drawn for that purpose seen and signed 
individually by a majority of the municipal officers outside of a public meeting.  
Sec. D-3.  Postponement of secret ballot election.  Notwithstanding any law or 
municipal charter provision or ordinance to the contrary, during calendar year 2020, the 
municipal officers may postpone the date of a scheduled municipal secret ballot election 
when nomination papers have already been issued or filed by posting notice in a 
conspicuous public location at least 2 days prior to the date of the election. The notice 
must be signed by a majority of the municipal officers and must either: 
1.  State a specific date and time during which the polls will be open to complete the 
election; or 
2.  State that the date of a rescheduled election will be determined by the municipal 
officers. 
The rescheduled election must be noticed by a warrant calling the election that is 
approved and posted pursuant to the Maine Revised Statutes, Title 30-A, section 2523 at 
least 7 days prior to the date of the rescheduled election. 
If ballots have been printed for the postponed election, the municipality may use 
those ballots despite inclusion of the original election date. If absentee ballots have been 
issued and returned, the municipality shall use the ballots printed for the originally 
scheduled election. The municipal clerk shall safeguard and secure any absentee ballots 
already returned until the date of the rescheduled election and shall process them as 
required by Title 21-A. During the interim period between the originally scheduled 
election and rescheduled election, the clerk may continue to issue and accept absentee 
ballots and applications and allow voting in the presence of the clerk pursuant to Title 
21-A. 
A municipal secret ballot referendum election is subject to the same rescheduling, 
ballot and absentee ballot provisions as set forth in this section. 
Sec. D-4.  Retroactivity; repeal.  This Part applies retroactively to March 1, 2020 
and is repealed January 15, 2021. 
PART E 
Sec. E-1.  School budget.  Notwithstanding the Maine Revised Statutes, Title 
20-A, section 15693, subsection 2, paragraph C or any other law or municipal charter 
provision or ordinance to the contrary, if, due to a state of emergency declared by the 
Governor in accordance with Title 37-B, section 742 due to the outbreak of COVID-19 
and 30 days following the termination of that state of emergency, the level of state 
subsidy for the 2020-2021 school year is not finalized in accordance with Title 20-A, 
chapter 606-B before June 1, 2020, a school board may delay a school budget meeting 
otherwise required to be held before July 1, 2020 to a date on or after July 1, 2020. If a 
school board elects to delay a school budget meeting under this section, the meeting must 
be held and the budget approved within 30 days of the date the commissioner notifies the 
school board of the amount allocated to the school administrative unit under Title 20-A, 
section 15689-B or the termination of the state of emergency declared by the Governor 
due to COVID-19. When a school budget meeting is delayed under this section, the 
school administrative unit may continue operation of the unit at the same budget levels as 
were approved for the previous year. Continued operation under the budget for the 
previous year is limited to the time between July 1, 2020 and the date the new budget 
goes into effect.  As used in this section, "state subsidy" means the total of the state 
contribution determined under Title 20-A, section 15688, subsection 3-A, paragraph D 
and any applicable adjustment under Title 20-A, section 15689.  
Sec. E-2.  Retroactivity; repeal.  This Part applies retroactively to March 1, 2020 
and is repealed January 15, 2021. 
PART F 
Sec. F-1.  Registrations issued by a municipality.  This section affects certain 
registration and licensing performed at the municipal or county level. 
1.  Vehicles and trailers.  Notwithstanding the Maine Revised Statutes, Title 29-A, 
chapter 5 or any other law or municipal charter provision or ordinance to the contrary, a 
registration, including a temporary registration, of a vehicle, including, without 
limitation, a motor vehicle, all-terrain vehicle, watercraft or snowmobile, or a trailer 
required to be registered in this State that expires during the period of a state of 
emergency declared by the Governor in accordance with Title 37-B, section 742 due to 
the outbreak of COVID-19 is deemed extended until 30 days following the termination of 
the state of emergency. 
2.  Renewal of licenses for sale of liquor.  Notwithstanding Title 28-A, section 653, 
subsection 1 or any other law or municipal charter provision or ordinance to the contrary, 
during the period of a state of emergency declared by the Governor in accordance with 
Title 37-B, section 742 due to the outbreak of COVID-19 and 30 days following the 
termination of that state of emergency, the municipal officers or, in the case of 
unincorporated places, the county commissioners may grant the request for a renewal of a 
license issued pursuant to Title 28-A, Part 3 without a hearing; this subsection does not 
prohibit the municipal officers or county commissioners, as applicable, from denying a 
renewal of a license issued pursuant to Title 28-A, Part 3 based upon a finding specified 
in Title 28-A, section 653, subsection 2 or 3. 
3.  Dog licenses.  Notwithstanding Title 7, chapter 721 or any other law or municipal 
charter provision or ordinance to the contrary, a license of a dog required to be licensed in 
this State that expires during the period of a state of emergency declared by the Governor 
in accordance with Title 37-B, section 742 due to the outbreak of COVID-19 is deemed 
extended until 30 days following the termination of the state of emergency. 
4.  Registration or license fees due.  The extensions granted pursuant to subsections 
and 3 of this section do not change the registration or licensing interval for any vehicle 
or trailer or dog for which the registration or license period was extended, and all 
registration or licensing fees that would have been due but for the extension are due 
within 30 days of the termination of the state of emergency. 
Sec. F-2.  Access to online registration.  The Secretary of State, Bureau of 
Motor Vehicles and the Department of Inland Fisheries and Wildlife, during the period of 
a state of emergency declared by the Governor in accordance with the Maine Revised 
Statutes, Title 37-B, section 742 due to the outbreak of COVID-19, shall allow a resident 
of this State to renew the registration of a motor vehicle, trailer, all-terrain vehicle or 
watercraft online, regardless of whether the municipality in which that resident resides 
participates in the online registration service maintained by the bureau or department, for 
the duration of the state of emergency and 30 days following the termination of the state 
of emergency. 
PART G 
Sec. G-1.  1 MRSA §403-A is enacted to read: 
§403-A.  Public proceedings through remote access during declaration of state of 
emergency due to COVID-19 
1.  Remote access.  Notwithstanding any provision of law or municipal charter 
provision or ordinance to the contrary, during a state of emergency declared by the 
Governor in accordance with Title 37-B, section 742 due to the outbreak of COVID-19, a 
body subject to this subchapter may conduct a public proceeding through telephonic, 
video, electronic or other similar means of remote participation under the following 
conditions: 
A.  Notice of the public proceeding has been given in accordance with section 406, 
and the notice includes the method by which the public may attend in accordance 
with paragraph C; 
B.  Each member of the body who is participating in the public proceeding is able to 
hear and speak to all the other members during the public proceeding and members of 
the public attending the public proceeding in the location identified in the notice 
given pursuant to paragraph A are able to hear all members participating at other 
locations; 
C.  The body determines that participation by the public is through telephonic, video, 
electronic or other similar means of remote participation; and 
D.  All votes taken during the public proceeding are taken by roll call vote. 
2.  Application to legislative proceedings.  This section does not apply to public 
proceedings of the Legislature, a legislative committee or the Legislative Council, except 
that while the state of emergency as set out in subsection 1 is in effect, the Legislature, a 
legislative committee or the Legislative Council may restrict attendance by the public to 
remote access by telephonic, video, electronic or other similar means.  This section also 
does not apply to town meetings held pursuant to Title 30-A, section 2524 or regional 
school unit budget meetings pursuant to Title 20-A, section 1483. 
3.  Repeal.  This section is repealed 30 days after the termination of the state of 
emergency as set out in subsection 1. 
PART H 
Sec. H-1.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2011, c. 626, §2, is 
further amended to read: 
C.  After the filing of the emergency proclamation and in addition to any other 
powers conferred by law, the Governor may: 
(1)  Suspend the enforcement of any statute prescribing the procedures for 
conduct of state business, or the orders or rules of any state agency, if strict 
compliance with the provisions of the statute, order or rule would in any way 
prevent, hinder or delay necessary action in coping with the emergency; 
(2)  Utilize all available resources of the State Government and of each political 
subdivision of the State as reasonably necessary to cope with the disaster 
emergency; 
(3)  Transfer the direction, personnel or functions of state departments and 
agencies, or units thereof, for the purposes of performing or facilitating 
emergency services; 
(4)  Authorize the obtaining and acquisition of property, supplies and materials 
pursuant to section 821; 
(5)  Enlist the aid of any person to assist in the effort to control, put out or end the 
emergency or aid in the caring for the safety of persons; 
(6)  Direct and compel the evacuation of all or part of the population from any 
stricken or threatened area within the State, if the Governor determines this 
action necessary for the preservation of life or other disaster mitigation, response 
or recovery; 
(7)  Prescribe routes, modes of transportation and destinations in connection with 
evacuations; 
(8)  Control ingress and egress to and from a disaster area, the movement of 
persons within the area and the occupancy of premises therein; 
(9)  Suspend or limit the sale, dispensing or transportation of alcoholic beverages, 
explosives and combustibles;  
(10)  Make provision for the availability and use of temporary emergency 
housing; 
(11)  Order the termination, temporary or permanent, of any process, operation, 
machine or device which may be causing or is understood to be the cause of the 
state of emergency for which this proclamation was made; and 
(12)  Take whatever action is necessary to abate, clean up or mitigate whatever 
danger may exist within the affected area.; and 
(13)  During a state of emergency declared by the Governor in accordance with 
this section due to the outbreak of COVID-19: 
(a) Reasonably adjust time frames and deadlines imposed by law for state, 
county and municipal governments and other entities when such an 
adjustment is reasonably necessary to mitigate an effect of the emergency; 
(b)  In consultation with the Public Utilities Commission, suspend the 
termination of residential electricity and water services during the period of 
emergency and up to 60 days after the state of emergency is terminated; and 
(c) Modify or suspend the requirements for professional or occupational 
licensing or registration by any agency, board or commission if strict 
compliance with such requirements would in any way prevent, hinder or 
delay necessary action in dealing with the emergency. 
The powers granted in divisions (a) and (c) terminate 30 days following the 
termination of the state of emergency. 
PART I 
Sec. I-1.  5 MRSA §157 is enacted to read: 
§157.  Loan Guarantee Program Fund established 
1.  Establishment; purpose.  The Loan Guarantee Program Fund, referred to in this 
section as "the fund," is established as a nonlapsing Other Special Revenue Funds 
account within the Office of the Treasurer of State.  All money received by the fund from 
any source, including any transfers from the General Fund unappropriated surplus, must 
be credited to the fund.  Money credited to the fund must be used to guarantee the 
repayment of loans made by a credit union or financial institution to an eligible affected 
employee pursuant to the Loan Guarantee Program established in Title 10, chapter 110, 
subchapter 14. 
2.  Termination; repeal.  The fund is terminated on June 30, 2022. Upon the 
termination of the Loan Guarantee Program, the State Controller shall transfer any funds 
remaining in the fund to the unappropriated surplus of the General Fund. 
Sec. I-2.  10 MRSA c. 110, sub-c. 14 is enacted to read: 
SUBCHAPTER 14 
LOAN GUARANTEE PROGRAM 
§1100-BB.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Affected employee.  "Affected employee" means a resident of this State, 
including a self-employed resident, who has experienced a reduction in income since 
January 1, 2020 due to circumstances related to COVID-19.  
2.  Credit union.  "Credit union" has the same meaning as "credit union authorized to 
do business in this State" as defined in Title 9-B, section 131, subsection 12-A. 
3.  Eligible affected employee.  "Eligible affected employee" means an affected 
employee who is eligible to receive a loan as determined pursuant to section 1100-DD, 
subsection 1. 
4.  Financial institution.  "Financial institution" has the same meaning as in Title 
9-B, section 131, subsection 17-A. 
5.  Grace period.  "Grace period" means the 90-day period after an eligible affected 
employee receives disbursement of a loan under this subchapter. 
6.  Loan guarantee payment.  "Loan guarantee payment" means the amount paid by 
the Treasurer of State in satisfaction of a claim filed by a credit union or financial 
institution pursuant to section 1100-EE. 
7.  Program.   "Program" means the Loan Guarantee Program established in section 
1100-CC. 
§1100-CC.  Loan Guarantee Program established 
1.  Establishment; purpose.  The Loan Guarantee Program is established within and 
administered by the authority. The authority shall guarantee the repayment of loans made 
by a credit union or financial institution to an eligible affected employee pursuant to 
section 1100-EE.  The authority shall submit all approved claims to the Treasurer of 
State, who shall pay from the Loan Guarantee Program Fund, established in Title 5, 
section 157, any claims submitted by the authority pursuant to the program. 
2.  Notification of loan and borrower information.  Each credit union or financial 
institution that makes a loan pursuant to section 1100-DD shall notify the authority in 
writing not later than one business day after making the loan, specifying such information 
about the borrower as the authority may request. 
§1100-DD.  Eligibility of affected employees; loan terms; process 
1.  Determination of eligibility of affected employee.  A credit union or financial 
institution may make a loan to an affected employee who meets the following eligibility 
requirements. 
A.  An affected employee shall provide the credit union or financial institution proof 
that the affected employee has experienced a reduction in income and is a resident of 
this State. An affected employee may meet the requirements of this paragraph by 
providing to the credit union or financial institution proof such as a pay stub or bank 
statement indicating earned income in any 3 months prior to March 1, 2020. 
B.  In addition to the proof required in paragraph A, an affected employee shall 
submit to the credit union or financial institution a sworn affidavit from the affected 
employee stating: 
(1)  The affected employee is currently living in the State;  
(2)  The affected employee has experienced a reduction in income likely due to 
circumstances related to COVID-19 and is not receiving a loan from any other 
credit union or financial institution pursuant to this subchapter; and  
(3)  The amount of unemployment compensation benefits, if any, pursuant to 
Title 26, chapter 13: 
(a)  The affected employee received per week during the period of March 15, 
2020 to December 31, 2020; and 
(b)  The affected employee is eligible to receive per week during the period 
of March 15, 2020 to December 31, 2020. 
2.  Loan amount.  The amount of the loan, after subtracting 4 times the amount, if 
any, the affected employee has reported to the credit union or financial institution under 
subsection 1, paragraph B, subparagraph (3), division (a) or (b), whichever is greater, 
may not exceed the lesser of: 
A.  Five thousand dollars; and 
B.  The affected employee's most recent monthly after-tax pay. 
3.  Creditworthiness.  A credit union or financial institution may not use an affected 
employee's creditworthiness as a factor for the purposes of determining eligibility for a 
loan under this subchapter. 
4.  Terms of loan agreement.  Notwithstanding any provision of law to the contrary, 
the following terms apply to a loan issued pursuant to this subchapter. 
A.  A loan agreement may not: 
(1) Require repayment during the grace period; 
(2)  Charge interest on the principal amount before or during the grace period or 
for 180 days after the grace period; or  
(3)  Contain a fee or penalty for the prepayment or early payment of the loan. 
B.  The loan agreement must require that the affected employee repay the loan in full 
not later than 180 days after the end of the grace period by making at least 3 and no 
more than 6 equal installment payments. 
C.  After 180 days have elapsed following the grace period, the credit union or 
financial institution may charge interest or fees in accordance with the credit union's 
or financial institution's lending policy and the terms of the loan agreement. 
5.  Multiple loans to same eligible affected employee.  An eligible affected 
employee who has received a loan pursuant to this section may apply to the same credit 
union or financial institution for an additional loan for each 30-day period that the 
employee remains an eligible affected employee, except that an eligible affected 
employee may not receive more than 3 loans under the program. An eligible affected 
employee who applies for an additional loan shall provide the credit union or financial 
institution with updated information as required under subsection 1, including the amount 
of unemployment compensation benefits the employee has been determined eligible to 
receive or has received during the period of March 1, 2020 to December 31, 2020. Each 
additional loan must be made in accordance with this section. 
6.  Treatment of deferred interest.  Notwithstanding any provision of Title 36, Part 
to the contrary, any interest deferred or not charged related to a loan issued pursuant to 
this section is exempt from all state taxes that may be applicable to such interest amounts 
as they relate to an affected employee. A credit union or financial institution shall 
disclose to eligible affected employee borrowers in the signed affidavit or loan documents 
that there may be federal tax consequences to the program loans and that loan information 
may be shared with the authority. 
§1100-EE.  Loan guarantee 
1.  Claims.  No sooner than the 180th day following the end of the grace period and 
no later than the 300th day following the end of the grace period, a credit union or 
financial institution that has made a good faith effort to collect the outstanding principal 
of a loan issued pursuant to section 1100-DD and has been unsuccessful may make a 
claim to the authority for recovery of an amount equal to the outstanding principal of that 
loan. 
A credit union or financial institution shall demonstrate, by affidavit or other 
documentation, to the satisfaction of the authority that the credit union or financial 
institution has made a good faith effort to collect the outstanding principal from the 
eligible affected employee substantially in accordance with the credit union's or financial 
institution's loan servicing and collection policies and has been unsuccessful. 
2.  Loan guarantee payment.  The authority, upon receipt of a properly documented 
claim submitted by a credit union or financial institution pursuant to subsection 1, shall 
submit the claim immediately to the Treasurer of State for payment. The Treasurer of 
State immediately shall pay to the authority from the Loan Guarantee Program Fund 
established in Title 5, section 157 any claims submitted by the authority pursuant to the 
program. The authority shall distribute the loan guarantee payment to the credit union or 
financial institution. 
3.  Effect of payment of claim.  After payment of a loan guarantee payment to a 
credit union or financial institution pursuant to subsection 2: 
A.  The loan must be assigned by the credit union or financial institution to the 
authority on behalf of the State; and  
B.  The authority shall continue collection efforts on the loan. 
§1100-FF.  Duties and powers of authority 
1.  Maintenance and review of records.   The authority shall maintain records in the 
regular course of administration of the program, including a record of loans issued 
pursuant to section 1100-DD and loan guarantee payments issued pursuant to section 
1100-EE, subsection 2 to honor claims on defaulted loans. The authority shall regularly 
review these records to monitor all the loans issued and identify duplicative applications. 
2.  Termination of loan recovery guarantee based on misrepresentation by credit 
union or financial institution.  The authority may terminate any agreement to pay the 
claim of a credit union or financial institution pursuant to section 1100-EE if the credit 
union or financial institution misrepresents any information pertaining to the loan or fails 
to comply with any requirements of this section or section 1100-EE in connection with 
the claim for the loan. 
3.  Termination of loan recovery guarantee based on excess claims.  If the amount 
expended for loan guarantee payments under section 1100-EE equals 10% of the total of 
all loans issued, the authority shall immediately cease to approve claims and shall notify 
the Treasurer of State and each credit union or financial institution of the total amount of 
loan guarantee payments made and that the authority has ceased honoring loan claims.  
The authority may delay payment of claims until it has calculated an amount that equals 
10% of the total loans issued. 
4.  Recovery of defaulted loans.  The authority, on its own or by contracting with a 
private entity, shall make reasonable efforts to recover the amount of guaranteed loan 
payments made pursuant to section 1100-EE, subsection 2. Any funds recovered pursuant 
to this subsection, less reasonable administrative costs, must be deposited in the Loan 
Guarantee Program Fund established in Title 5, section 157. 
§1100-GG.  Termination of program; repeal 
1.  New loans prohibited after December 31, 2020.  An affected employee may not 
apply for a loan under the program after December 31, 2020. A credit union or financial 
institution may not approve a loan under the program after December 31, 2020. 
2.  Termination.  The program terminates upon the earlier of the: 
A.  Repayment or discharge of all loans made under the program; 
B.  Payment of all claims filed pursuant to section 1100-EE that are eligible for loan 
guarantee payments; and  
C.  Repayment or discharge of loan guarantee payments. 
3.  Repeal.  This subchapter is repealed upon the termination of the program. 
Sec. I-3.  Transfer.  Notwithstanding any provision of law to the contrary, the State 
Controller shall transfer $500,000 from the General Fund unappropriated surplus to the 
Loan Guarantee Program Fund established within the Office of the Treasurer of State 
pursuant to the Maine Revised Statutes, Title 5, section 157 no later than April 1, 2020 to 
be used to guarantee the repayment of loans made by a credit union or financial 
institution to an eligible affected employee pursuant to Title 10, chapter 110, subchapter 
14. 
Sec. I-4.  Additional transfer and allocation. The Joint Standing Committee on 
Appropriations and Financial Affairs may report out legislation to the 129th Legislature 
to address any funding needs of the Loan Guarantee Program established in the Maine 
Revised Statutes, Title 10, chapter 110, subchapter 14. 
Sec. I-5.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
TREASURER OF STATE, OFFICE OF 
Administration - Treasury 0022 
Initiative: Creates the Loan Guarantee Program Fund and provides allocations in order to 
guarantee repayment of loans made by credit unions and financial institutions to eligible 
affected employees. 
PART J 
Sec. J-1.  38 MRSA §1611, sub-§3, ¶A, as enacted by PL 2019, c. 346, §2, is 
amended to read: 
A.  Beginning April 22, 2020 January 15, 2021 a retail establishment may use a 
recycled paper bag or a reusable bag made of plastic to bag products at the point of 
sale as long as the retail establishment charges a fee of at least 5¢ per bag. 
(1)  All amounts collected pursuant to this paragraph are retained by the retail 
establishment and may be used for any lawful purpose. 
(2)  A retail establishment may not rebate or otherwise reimburse a customer any 
portion of the fee charged pursuant to this paragraph. 
Sec. J-2.  38 MRSA §1611, sub-§5, as enacted by PL 2019, c. 346, §2, is 
amended to read: 
5.  Preemption.  To ensure maximum effectiveness through uniform statewide 
application, the State intends to occupy the whole field of regulation of single-use carry-
out bags at retail establishments beginning April 22, 2020 March 17, 2020.  A local 
government may not adopt an ordinance regulating single-use carry-out bags at retail 
establishments and, beginning April 22, 2020 January 15, 2021, any ordinance or 
regulation that violates this subsection is void and has no force or effect. 
PART K 
Sec. K-1.  22 MRSA §822, as amended by PL 2009, c. 299, Pt. A, §3, is repealed 
and the following enacted in its place: 
§822.  Reporting 
1.  Notification by physician.  Whenever a physician knows or has reason to believe 
that a person whom the physician examines or cares for has a disease or condition 
OTHER SPECIAL REVENUE FUNDS 
2019-20
2020-21
All Other 
$500,000
$500,000
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500,000
$500,000
designated as notifiable, that physician shall notify the department and make such a report 
as may be required by rules of the department.  Reports must be in the form and content 
prescribed by the department and the department shall provide forms for making required 
reports. 
2.  Reporting by health care facilities.  The department may require a designated 
health care facility, as defined in section 802, subsection 4-A, paragraph A, to report 
information about its emergency management plans and operations.  The department also 
may require a designated health care facility to report other information, including, but 
not limited to, daily reporting of the number of available beds within that facility 
providing residential or inpatient services and for the reporting to be done through an 
online database approved by the department.  The department may adopt rules that 
designate further information required for reporting emergency plans.  Rules adopted 
pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, 
subchapter 2-A. 
PART L 
Sec. L-1.  Facilitation of voting for June 9, 2020 elections.  Only for the 
elections scheduled to be held on June 9, 2020, the Governor may take any reasonable 
administrative actions the Governor considers necessary to facilitate voting by all 
residents registered to vote in this State in a manner that preserves and protects public 
health in response to COVID-19.  Pursuant to the Constitution of Maine, Article II, 
Section 4, these administrative actions may include, but are not limited to, issuance and 
receipt of absentee ballots for the June 9, 2020 elections, as long as those actions are also 
designed to facilitate participation by all registered voters, protect the rights of those 
voters and safeguard the integrity of the election. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides the Governor, on a temporary basis, with additional powers for the 
duration of the state of emergency declared by the Governor in accordance with the 
Maine Revised Statutes, Title 37-B, section 742 due to the outbreak of COVID-19 to 
enable the Governor to reduce the impact of the pandemic. 
Part A allows the Governor or the Governor's designee, in consultation with the 
Commissioner of Education, to: 
1.  Waive the compulsory school attendance requirements, including the minimum 
number of school days, or allow the compulsory attendance requirements to be met 
through nontraditional learning systems, including but not limited to remote access; and 
2.  Continue to provide nutrition services to students of schools that are closed due to 
COVID-19. 
The authorization in Part A continues for the duration of the state of emergency and 
days after the termination of the state of emergency. 
Part B revises certain unemployment insurance eligibility and benefit charging 
provisions under the Employment Security Law to protect public health during the state 
of emergency by allowing an individual who takes a temporary leave of absence due to 
COVID-19 to qualify for unemployment benefits. 
Part C allows for the Department of Public Safety, Maine Emergency Medical 
Services' Board to delegate functions and authority to Maine Emergency Medical 
Services staff without requiring rulemaking.  This modification will allow for the board to 
respond quickly to emergencies by convening emergency board meetings and 
empowering the Director of Maine Emergency Medical Services to undertake specific 
activities that the board delegates. 
Part C also allows the Medical Direction and Practices Board to use 
videoconferencing and other technologies to conduct its meetings and, until December 
31, 2020, to delegate its duties to the statewide emergency medical services medical 
director and the statewide associate emergency medical services medical director. 
Part D affects municipal budgets and elections by: 
1.  Establishing the prior year's budget as the budget for the ensuing year if an annual 
municipal budget meeting is delayed beyond the date the annual budget is customarily 
submitted to the legislative body of that municipality for approval due to public health 
concerns arising from COVID-19 until a final budget is approved. If a final budget is not 
approved in a timely manner and the municipal officers determine that property taxes 
must be committed in a timely manner to the collector, the municipal assessor or 
assessors may commit property taxes on the basis of the budget deemed approved. 
2.  Allowing a municipal treasurer to disburse money on the authority of a warrant 
that is seen and signed by individual municipal officers outside of a public meeting. 
3.  Allowing the municipal officers to postpone the date of a scheduled municipal 
secret ballot election when nomination papers have already been issued or filed by 
posting notice in a conspicuous public location at least 2 days prior to the date of the 
election. The notice must be signed by a majority of the board and must contain specific 
information regarding the election. 
4.  If ballots have been printed for the postponed election, allowing the municipality 
to use those ballots despite inclusion of the original election date.  If absentee ballots have 
been issued and returned, the municipality is required to use the ballots printed for the 
originally scheduled election.  The municipal clerk is required to safeguard and secure 
any absentee ballots already returned until the date of the rescheduled election and is 
required to process them as required by Title 21-A. During the interim period between the 
originally scheduled election and rescheduled election, the clerk may continue to issue 
and accept absentee ballots and applications and allow voting in the presence of the clerk 
pursuant to Title 21-A. 
Part D applies retroactively to March 1, 2020 and is repealed January 15, 2021. 
Part E authorizes a school board, if, due to the state of emergency declared by the 
Governor, the level of state subsidy for the 2020-2021 school year is not finalized in 
accordance with Title 20-A, chapter 606-B before June 1, 2020 or if school board 
meetings are delayed, to delay a school budget meeting otherwise required to be held 
before July 1, 2020 to a date on or after July 1, 2020. If a school board elects to delay a 
school budget meeting, the meeting must be held and the budget approved within 30 days 
of the date the Commissioner of Education notifies the school board of the amount 
allocated to the school administrative unit under Title 20-A, section 15689-B or following 
the end of the state of emergency. 
Part E applies retroactively to March 1, 2020 and is repealed January 15, 2021. 
Part F affects licenses and registrations, such as for motor vehicles, all-terrain 
vehicles, watercraft and dogs, issued by a municipality by extending until 30 days after 
the end of the state of emergency any registration or license issued by that municipality 
that expires during the state of emergency.  The registration and licensing fees that would 
have been payable but for the extension are due within 30 days following the end of the 
state of emergency. 
Part F also allows a municipality, without conducting a hearing, to grant a request for 
a renewal of a license to sell alcohol.  This does not affect the ability of a municipality to 
deny a request for renewal for specified cause and is valid only during the state of 
emergency and the 30 days following the end of the state of emergency. 
Part F also requires the Secretary of State, Bureau of Motor Vehicles and the 
Department of Inland Fisheries and Wildlife to allow a resident of this State to renew the 
registration of a motor vehicle, trailer, all-terrain vehicle or watercraft, regardless of 
whether the municipality in which that resident resides participates in the online 
registration service maintained by the bureau or department, for the duration of the state 
of emergency and 30 days following the end of the state of emergency. 
Part G amends the Freedom of Access Act to allow entities subject to that Act, not 
including the Legislature, a legislative committee or the legislative body of a county, 
municipality or other public entity, to conduct a public proceeding through telephonic, 
video, electronic or other similar means of communication as long as certain specified 
conditions are met, including notice of the means of holding the meeting, ensuring that 
members of the body can speak and be heard by the other members of the body and 
requiring that all votes are taken by roll call.  This authorization applies only during the 
state of emergency. 
Part H provides the Governor additional powers under the Maine Emergency 
Management Act including: 
1.  To reasonably adjust time frames and deadlines imposed by law for state, county 
and municipal governments and other entities when such an adjustment is reasonably 
necessary to mitigate a substantial effect of the state of emergency; 
2.  In consultation with the Public Utilities Commission, to suspend the termination 
of residential electricity and water services during the period of the state of emergency 
and up to 60 days after the state of emergency is terminated; and 
3.  To modify or suspend the requirements for professional or occupational licensing 
or registration by any agency, board or commission if strict compliance with such 
requirements would in any way prevent, hinder or delay necessary action in dealing with 
the state of emergency. 
These additional powers terminate 30 days after the termination of the state of 
emergency, except for the suspension of termination of electricity and water services. 
Part I establishes the Loan Guarantee Program.  The program, administered by the 
Finance Authority of Maine, provides easier access to no-interest loans for residents of 
this State, including self-employed residents, who experience a reduction in income due 
to the state of emergency arising from COVID-19.  The program guarantees up to 10% of 
the loans eligible credit unions and financial institutions make to affected employees. 
Under the program, affected employees are eligible for up to 3 loans, each equal to their 
monthly after-tax pay, up to $5,000, less unemployment benefits.  Repayment is due 
starting 90 days after the end of the state of emergency and during the subsequent 6 
months; during that period, interest may not be charged or accrue on the loan.  Following 
the end of the 270 days, a credit union or financial institution that made a loan under the 
program, after a good faith effort to collect the principal amount of the loan, may apply to 
the authority for repayment of the uncollected amount of the loan in default.  The 
authority is required to make reasonable efforts to recoup the amount of any payments 
made to credit unions and financial institutions from the employee who defaulted on the 
loan.  The authority may not make any loans after December 31, 2020 and the program 
ends once all obligations for payment, repayment or discharge of the loans are satisfied.  
The bill gives the Joint Standing Committee on Appropriations and Financial Affairs 
authority to report out legislation to address any funding needs of the program. 
Part J delays from April 22, 2020 to January 15, 2021 the requirement that a retail 
establishment charge a fee of at least 5¢ per recycled paper or reusable plastic bag used at 
the point of sale.  Part J also moves up from April 22, 2020 to March 17, 2020 the date on 
which the State occupies the whole field of regulation of single-use carry-out bags at 
retail establishments, but delays until January 15, 2021 the voiding of any municipal 
ordinance in conflict with state law. 
Part K authorizes the Department of Health and Human Services to require a 
designated health care facility to report specific information to the department, such as 
the health care facility's emergency management plan and, on a daily basis, the number of 
beds available within that facility. 
Part L authorizes the Governor, only for the elections scheduled to be held on June 9, 
2020, to take any reasonable administrative actions the Governor considers necessary to 
faclitate voting by all residents registered to vote in this State in a manner that preserves 
and protects public health in response to COVID-19, including, but not limited to, 
issuance and receipt of absentee ballots for the June 9, 2020 elections. 
FISCAL NOTE REQUIRED 
(See attached) 
Revised: 03/17/20
LD 2167    
LR 3296(01)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$500,000
$0
$0
$0
Appropriations/Allocations
Other Special Revenue Funds
$500,000
$500,000
$0
$0
Transfers
General Fund
($500,000)
$0
$0
$0
Other Special Revenue Funds
$500,000
$0
$0
$0
Fiscal Detail and Notes
Part A of this bill allows the Governor, in consultation with the Commissioner of Education, to implement a plan to 
continue to provide lunches to students who are currently receiving free or reduced-priced meals at a school that is 
closed due to the COVID-19 virus. According to the Department of Education, schools that experience an 
unanticipated closure are allowed to serve students meals through the summer food service program if they meet 
certain requirements. Eligible schools that participate in the summer food service program will be federally 
reimbursed for the meals served.  
Part B of this legislation may result in more benefits being distributed from the Unemployment Compensation Trust 
Fund (Fund) as a result of more individuals being eligible for the benefit in a time of a public health emergency. The 
cost to the Fund will depend on the number of individuals who experience a work disruption during this time.
Fiscal Note
Potential current biennium cost increase - Unemployment Compensation Trust Fund
Potential current biennium cost increase - All Funds
Fiscal Note Required: Yes
An Act To Implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine 
in Response to the COVID-19 Public Health Emergency
Fiscal Note for Original Bill
Committee: Not Referred
LR3296(01) - Fiscal Note - Page 1 of 2
Depending upon the actions the Governor takes, additional election costs to the Department of Secretary of State may 
be incurred. No estimate can be made until any such actions are determined. Additional costs to the Office of the 
Governor associated with Part L can be absorbed within existing budgeted resources.
Additional costs to the Department of Health and Human Services associated with Part K can be absorbed within 
existing budgeted resources.
Part I of this bill establishes the Loan Guarantee Program Fund (Fund) within the Office of Treasurer of State with a 
one-time transfer of $500,000 from the General Fund in fiscal year 2019-20. It also includes an Other Special 
Revenue Funds allocation to the Office of the Treasurer of State of $500,000 in fiscal years 2019-20 and 2020-21 to 
expend the funds. If this amount is not sufficient to cover the State's liability, additional funding will be required. The 
Fund will be used to guarantee the repayment of the amount of loans made by eligible financial institutions to Maine 
residents who have experienced a reduction in income since January 1, 2020 until December 31, 2020 due to COVID-
19. The bill allows loans up to a maximum of the lesser of $5,000 or an individual's most recent monthly after-tax pay 
reduced by any unemployment compensation benefits. Individuals are eligible to apply for up to 3 loans under the 
program. Administrative costs incurred by the Office of Treasurer of State can be absorbed within existing budgeted 
resources. Part I also includes a provision that allows the Finance Authority of Maine (FAME) to retain a portion of 
the money it recovers from loans in default to pay for its costs to administer the loan guarantee program. FAME will 
not require a General Fund appropriation. However, this provision will reduce the amount of funds returned to the 
Loan Guarantee Program Fund from the recovery of defaulted loans.
Legislation in Part B of this bill also waives the one week waiting period that must be served before an individual who 
is dislocated or temporarily laid off as a result of a public health emergency can begin collecting unemployment 
benefits. The cost to the State as a direct reimbursement employer will depend on such factors as the number of 
employees affected, the length of the work stoppage and the amount of leave employees have available to use during 
the time they are out. 
Under Part B of the bill, benefits paid to individuals who are dislocated or temporarily laid off as a result of a public 
health emergency are not to be charged against the experience rating record of any employer. This means that the 
future contribution rate of employers will not be increased for unemployment benefits attributable to a public health 
emergency. The Department of Labor has estimated that if the unemployment rate were to increase from the 
approximately 3% rate (as of December 2019) to 4% from April 1, 2020 to May 30, 2020, the impact to the Fund 
would be approximately $8.4 million. If the unemployment rate were to increase to 5% over the same time period, the 
impact to the Fund would be approximately $16.2 million. The additional cost will depend on actual experience. 
Direct reimbursement employers would continue to be charged for benefits to their employees.
Additional costs to the Department of Public Safety, Emergency Medical Services, associated with Part C can be 
absorbed within existing budgeted resources.
LR3296(01) - Fiscal Note - Page 2 of 2