An Act to Amend the Laws Governing the Maine Space Corporation
Maine Legislature, Session 132, LD 1863
Sponsors: DAUGHTRY, ANKELES, FECTEAU
Amends: 5 MRSA §13201, 5 MRSA §13203, 5 MRSA §13210, 5 MRSA §13210-A, 5 MRSA §13212

Legislative Document
No. 1863
S.P. 733
In Senate, May 5, 2025
An Act to Amend the Laws Governing the Maine Space Corporation
Received by the Secretary of the Senate on May 1, 2025.  Referred to the Committee on 
Housing and Economic Development pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Representative ANKELES of Brunswick and
Senators: CURRY of Waldo, HICKMAN of Kennebec, STEWART of Aroostook, 
Representatives: ARFORD of Brunswick, Speaker FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §13201, first ¶, as enacted by PL 2021, c. 631, §1, is amended to 
read:
The Maine Space Corporation is established as a body corporate and politic to carry 
out the purposes of this chapter.  Notwithstanding any provision of Title 13-B, section 102, 
subsection 4, paragraph C to the contrary, the corporation is a nonprofit corporation with 
public and charitable purposes. The duties, activities and operations of the corporation must 
align with the requirements of the United States Internal Revenue Code of 1986, Section 
501(c)(3). The corporation is a quasi-independent state entity as defined in section 12021, 
subsection 5. When exercising the powers conferred to it by this chapter, the corporation is 
deemed to act as an instrumentality of the State conducting an essential governmental 
function.  The corporation shall leverage the State's geographic, rocketry, manufacturing 
and higher education assets and capabilities to establish the State as a national and 
international industry destination and an authority in launching small launch vehicles and 
small satellites into polar orbit by:
Sec. 2.  5 MRSA §13203, sub-§2, ¶C, as enacted by PL 2021, c. 631, §1, is 
amended to read:
C.  Exercise Notwithstanding Title 13-B, section 102, subsection 4, paragraph C, 
exercise all of the general powers of corporations under Title 13‑C, section 302 a 
nonprofit corporation under Title 13-B, section 202;
Sec. 3.  5 MRSA §13203, sub-§4, ¶E, as enacted by PL 2021, c. 631, §1, is 
amended to read:
E.  For transacting business at board meetings, a majority of directors then in office 
constitutes a quorum.  The vote of a majority of the directors present at board meetings 
constitutes the act of the board of directors whether or not there is a vacancy at the time 
of the vote.
Sec. 4.  5 MRSA §13210, as enacted by PL 2021, c. 631, §1, is repealed.
Sec. 5.  5 MRSA §13210-A is enacted to read:
§13210-A.  Operation, termination and dissolution of corporation
1. Operation of corporation. Notwithstanding Title 13-B, section 102, subsection 4, 
paragraph C, the corporation shall operate as a nonprofit corporation under Title 13-B, 
section 202 consistent with its composition and broad public purposes.  
2. Prerequisites for dissolution. The corporation may not be dissolved until: 
A.  It is terminated by the Legislature; and 
B.  The bonds, premium, if any, and interest have been paid or a sufficient amount for 
the payment of the bonds and interest to maturity or a prior redemption date have been 
irrevocably set aside in trust for the benefit of the bondholders. 
3. Dedication of funds. The corporation's organizing document must contain a 
provision requiring that upon the dissolution of the corporation, all funds, assets and other 
property of the corporation must be distributed for one or more exempt purposes within the 
meaning of the United States Internal Revenue Code of 1986, Section 501(c)(3) or 
distributed to the State for a public purpose.
Sec. 6.  5 MRSA §13212 is enacted to read:
§13212.  Confidential records
The records and proceedings of the corporation are public for the purposes of Title 1, 
chapter 13 except as otherwise provided in this section.
1. Definition. As used in this section, unless the context otherwise indicates, 
"proprietary information" means information that is:
A.  A trade secret; or
B.  Manufacturing, commercial or financial information, the disclosure of which 
would:
(1)  Impair the competitive position of the corporation or the person submitting the 
information; and 
(2)  Would make publicly available information that is not otherwise publicly 
available.
2.  Information public unless designated as confidential; proprietary information. 
Information provided to or developed by the corporation and included in a business or 
marketing plan is public unless the person to whom the information belongs or pertains 
requests that it be designated as confidential and the corporation determines that it contains 
proprietary information.  
3.  Tax or financial information.  Any financial statement or supporting data of a 
financial statement or tax return of any person is confidential.
4.  Credit assessment.  Any record obtained by the corporation that contains an 
assessment of the creditworthiness, credit rating or financial condition of any person is 
confidential.
This section does not prohibit the disclosure of information that is otherwise publicly 
available.
SUMMARY
This bill amends the provisions of law governing the Maine Space Corporation, which 
in current law is a body corporate and politic with the powers and duties of a corporation 
under the Maine Business Corporation Act. The bill amends these provisions by 
designating the Maine Space Corporation a nonprofit corporation with public and 
charitable purposes and the powers and duties of a nonprofit corporation under state law. 
The bill specifies that the duties, activities and operations of the corporation must align 
with the requirements of the United States Internal Revenue Code of 1986, Section 
501(c)(3). The bill clarifies that the Maine Space Corporation is a quasi-independent state 
entity and when exercising the powers conferred to it under state law, the corporation is 
deemed to act as an instrumentality of the State conducting an essential governmental 
function. 
The bill requires that the corporation's organizing document contain a provision that 
requires, upon dissolution of the corporation, that funds, assets and other property of the 
corporation be used for an exempt purpose under the United States Internal Revenue Code 
of 1986, Section 501(c)(3) or transferred to the State for a public purpose. The bill 
establishes a provision that allows certain records of the corporation containing trade 
secrets or proprietary information to be exempt from public records requirements and to be 
held confidential.
The bill also clarifies that as long as the quorum and voting requirements are met, a 
vote of the board is not invalidated due to a vacancy on the board.