reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §142. -- investment of sinking funds

§142. -- investment of sinking funds
The Treasurer of State, with the approval of the Governor and the Superintendent of Financial Institutions, shall from time to time as funds appropriated for any sinking fund established by law are received into the treasury, invest the same, with the income thereof as it accrues, in any bonds of Maine, of any other New England state or in the bonds of the United States. When the bonds fall due and are paid, the proceeds from the bonds must be reinvested in like manner.   [PL 2001, c. 667, Pt. A, §2 (AMD).]
The Treasurer of State, with the approval of the Governor and the Superintendent of Financial Institutions, has the power to enter into a contract or agreement with any national bank, trust company or safe deposit company located in New England or New York City for custodial care and the servicing of the negotiable securities belonging to any sinking fund of the State. The services consist of the safekeeping of the negotiable securities in the vaults of the bank or safe deposit company, preparation of coupons for collection, the actual collection of the coupons, periodical checks of the portfolio deposited for safekeeping to determine all calls for redemption, in whole or in part, of any bonds owned by the funds, and any other fiscal service that is normally covered in a custodial contract or agreement.   [PL 2001, c. 667, Pt. A, §2 (AMD).]
The Treasurer of State is empowered to arrange for the payment for such services, either by cash payments to be charged pro rata to the income of such sinking funds, or by an agreement for a compensating deposit balance with the bank in question, in lieu of such cash payment, or by some combination of both methods of payment. The contracting bank shall give assurance of proper internal safeguards which are usual to such contracts, and shall furnish insurance protection satisfactory to both parties.
The Treasurer of State is empowered to withdraw or deposit securities from or with the custodian as circumstances may require, all withdrawal orders or delivery instructions to bear the approval in writing of the Superintendent of Financial Institutions and that of either or both the Governor and the Commissioner of Administrative and Financial Services.   [PL 1991, c. 780, Pt. Y, §13 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]
All contracts and agreements entered into between the Treasurer of State and custodian banks and safe deposit companies selected for the safekeeping or custodial care of the negotiable securities referred to in this section shall have the approval of the Governor.   [PL 1975, c. 771, §44 (AMD).]
SECTION HISTORY
PL 1973, c. 585, §§11,14 (AMD). PL 1975, c. 771, §44 (AMD). PL 1985, c. 785, §A14 (AMD). PL 1991, c. 780, §Y13 (AMD). PL 2001, c. 667, §A2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §143. Register of investments and Treasurer of State's report

§143. Register of investments and Treasurer of State's report
The Treasurer of State shall keep a register of all investments made under section 142, showing the date, amount and number of each bond, by whom issued and the time when it will mature, and in his annual report to the Governor, he shall include an exhibit of the condition of said sinking funds.   [PL 1975, c. 771, §45 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §45 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §144. Form of unregistered bonds

§144. Form of unregistered bonds
Unregistered bonds issued under the laws of the State must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate. The seal of the State may be a facsimile.   [PL 2023, c. 223, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 202, §1 (AMD). PL 1973, c. 625, §17 (AMD). PL 1985, c. 785, §A15 (AMD). PL 1991, c. 780, §Y14 (AMD). PL 2023, c. 223, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §145. Registered bonds

§145. Registered bonds
The Treasurer of State may issue registered bonds, transferable by assignment, in pieces of not less than $1,000, and of any multiple of 1,000, in exchange for, and in place of, any coupon bonds issued under the laws of this State, bearing the same rate of interest and maturing at the same time as the bonds that the Treasurer of State may receive therefor in exchange. The place of payment prescribed therein must be the State Treasury. Those bonds must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate.   [PL 2023, c. 223, §2 (AMD).]
SECTION HISTORY
PL 1969, c. 202, §2 (AMD). PL 1973, c. 625, §18 (AMD). PL 1985, c. 785, §A16 (AMD). PL 1991, c. 780, §Y15 (AMD). PL 2023, c. 223, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §145-A. Minibonds

§145-A. Minibonds
Notwithstanding any other provisions of the laws of this State, whenever the Treasurer of State is authorized to issue and sell bonds for the State, and he determines to issue and sell all or a portion of these bonds in denominations of less than $5,000, minibonds, he may issue and sell these minibonds at public or private sale, maturing in such amounts and upon such dates, at such interest rate or rates, payable at such time and in such manner, at discount, with or without disclosure, in bearer or registered form, and upon such other terms and conditions, all as he shall determine to be in the best interests of the State; provided that: Not more than $1,000,000 principal amount of minibonds shall be sold by the Treasurer of State in any one fiscal year; no minibond shall mature more than 5 years after its date; no one sale to a purchaser of minibonds shall be in an aggregate principal amount equal to or greater than $5,000; and each minibond shall provide that it shall be redeemed by the State upon due presentation by an appropriate person on any business day after one year from its date of sale by the Treasurer of State at such price as the Treasurer of State shall determine according to a schedule established with respect to each issue of minibonds prior to the sale thereof. Section 137 shall not apply to the issuance of minibonds.   [PL 1979, c. 560 (NEW).]
The minibonds must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate.   [PL 2023, c. 223, §3 (AMD).]
The Treasurer of State may adopt rules pursuant to chapter 375 for purposes of this section.   [PL 1979, c. 560 (NEW).]
SECTION HISTORY
PL 1979, c. 560 (NEW). PL 1985, c. 785, §A17 (AMD). PL 1991, c. 780, §Y16 (AMD). PL 2023, c. 223, §3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §145-B. Issuance of registered bonds; miscellaneous provisions

§145-B. Issuance of registered bonds; miscellaneous provisions
1.  Issuance.
Notwithstanding any other provisions of the laws of this State, whenever the Treasurer of State is authorized to issue and sell bonds for the State, he may issue the bonds in registered form.
[PL 1983, c. 745 (NEW).]
2.  Signatures.
Registered bonds must bear the facsimile signature of the Treasurer of State or the Treasurer of State's deputy and must be attested by the facsimile signature of the Commissioner of Administrative and Financial Services or such agents as the commissioner may designate. Whenever signatures on registered bonds of other state officials are required, their facsimile signatures may be used.
[PL 2023, c. 223, §4 (AMD).]
3.  Seal.
The seal of the State on registered bonds may be by facsimile.
[PL 1983, c. 745 (NEW).]
4.  Agents.
The Treasurer of State may appoint, for such terms as may be agreed upon, including for as long as a registered bond may be outstanding, corporate or other authenticity, agents, transfer agents, registrars, paying or other agents, and specify the terms of their appointments, including their rights, compensation and duties. None of the agents need have an office or do business within this State.
[PL 1983, c. 745 (NEW).]
5.  Storage and transfer.
The Treasurer of State may agree with custodial banks and financial intermediaries, within or without this State, and the nominees of any of them, in connection with the establishment and maintenance by others of a central depository system for the storage of transferable certificates and the transfer of registered bonds. Any such custodial banks and financial intermediaries, and nominees, if qualified and acting as fiduciaries, may also serve as authenticating agents, transfer agents, registrars, paying or other agents of the Treasurer of State with respect to the same issue of registered bonds.
[PL 1983, c. 745 (NEW).]
SECTION HISTORY
PL 1983, c. 745 (NEW). PL 1985, c. 785, §A18 (AMD). PL 1991, c. 780, §Y17 (AMD). PL 2023, c. 223, §4 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §146. Equivalent bond to be issued on assignment

§146. Equivalent bond to be issued on assignment
Upon due assignment of any such registered bond and delivery thereof to the Treasurer of State, an equivalent bond or bonds, in form as provided, shall be issued to the assignee in substitution therefor.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §147. Cancellation and registry of old bonds

§147. Cancellation and registry of old bonds
All bonds received by the Treasurer of State for exchange must be canceled and retained in the office of the Treasurer of State.   [PL 1989, c. 857, §14 (AMD).]
SECTION HISTORY
PL 1989, c. 857, §14 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §148. Cremation of old bonds

§148. Cremation of old bonds
The Treasurer of State, in the presence of the Commissioner of Administrative and Financial Services and the State Auditor, or such agents as they may designate, may cremate any state bonds and coupons, on the premises of the state bond and coupon paying agent, that have matured and have been paid after the paid certification has been received by the Treasurer of State and the State Auditor. This paid certification must bear the additional sworn certification of the auditor of the bank paying agent employed by the Treasurer of State. A cremation certificate, signed under oath by the state officers named in this section and the bank paying agent auditor identifying the bonds and coupons destroyed, must be filed in the office of the Treasurer of State.   [PL 1991, c. 780, Pt. Y, §19 (AMD).]
SECTION HISTORY
PL 1969, c. 202, §3 (AMD). PL 1971, c. 181, §8 (AMD). PL 1981, c. 100 (RPR). PL 1985, c. 785, §A19 (AMD). PL 1991, c. 780, §Y19 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §149. Signature of outgoing Treasurer of State valid

§149. Signature of outgoing Treasurer of State valid
The facsimile signature of the Treasurer of State who is leaving office shall be valid until new signature plates for the signing of checks have been obtained for his successor.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §150. Temporary loans by State

§150. Temporary loans by State
The Treasurer of State, with the approval of the Governor, may negotiate a temporary loan or loans in anticipation of the issuance of bonds authorized but not yet issued. Such temporary loan or loans shall be repaid from the proceeds of the bonds within one year from the date of the loan.   [PL 1975, c. 771, §46 (AMD).]
The Treasurer of State, with the approval of the Governor, may negotiate a temporary loan or loans in anticipation of taxes levied for that fiscal year, but not exceeding a total of that amount of taxes estimated by the Treasurer of State to be collected in the fiscal year in which the temporary loan or loans, or renewal of the temporary loan or loans, is made, as long as the temporary loans or renewals of the temporary loans do not exceed any limitation set forth in the Constitution of Maine, Article IX, Section 14. Any such loans may be renewed from time to time as the Treasurer of State, with the approval of the Governor, determines, except that each loan or renewal of the loan must be retired not later than the close of the fiscal year in which the loan was originally made and for which were levied the taxes in anticipation of the collection of which the loan was originally made; and that each loan or renewal of the loan must comply with the provisions of this section and the Constitution of Maine, Article IX, Section 14.   [PL 2001, c. 705, §1 (AMD).]
SECTION HISTORY
PL 1967, c. 417 (RPR). PL 1967, c. 544, §115 (AMD). PL 1969, c. 452 (AMD). PL 1971, c. 156 (AMD). PL 1971, c. 176, §§1,2 (AMD). P&SL 1975, c. 147, §C13 (AMD). PL 1975, c. 771, §46 (AMD). PL 1981, c. 705, §P (AMD). RR 1991, c. 2, §6 (COR). PL 1991, c. 5, §1 (AMD). PL 1991, c. 589, §1 (AMD). PL 1991, c. 589, §5 (AFF). PL 1991, c. 780, §BB1 (AMD). PL 1993, c. 382, §1 (AMD). PL 1993, c. 707, §P1 (AMD). PL 1995, c. 368, §V1 (AMD). PL 1995, c. 665, §P1 (AMD). PL 1997, c. 24, §F1 (AMD). PL 1997, c. 643, §E5 (AFF). PL 2001, c. 467, §A1 (AMD). PL 2001, c. 705, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §150-A. Short-term borrowing in anticipation of federal transportation funds

§150-A. Short-term borrowing in anticipation of federal transportation funds
The Treasurer of State, with the approval of the Governor, may from time to time negotiate a temporary loan or loans in anticipation of federal transportation funds, as long as the term of the loans does not exceed 12 months and the aggregate principal amount of all notes issued in a federal fiscal year does not exceed 50% of the total of transportation funds appropriated by the Federal Government in the prior federal fiscal year. The obligation to repay the notes must be a limited obligation of the State, payment of which may not be secured by a pledge of the faith and credit of the State or of a municipality or political subdivision but is payable solely from federal transportation funds, and a note must contain on its face a statement to that effect. A note may not directly, indirectly or contingently obligate the State or a municipality or political subdivision to levy or to pledge any form of taxation whatever for a payment on a note or to make an appropriation for payment of a note. Proceeds of a note must be used for highways, roads, bridges, other transportation improvements and related and subordinate facilities. A note must be dated, delivered, bear interest at a rate or rates and mature at a time or times not exceeding 12 months from the date of delivery, as may be determined by the Treasurer of State with the approval of the Governor, and may be made redeemable before maturity, at the option of the Treasurer of State with the approval of the Governor, at a price or prices and under terms and conditions as may be fixed by the Treasurer of State with the approval of the Governor. The Treasurer of State with the approval of the Governor may enter into an indenture or other agreement necessary for issuing a note. The Commissioner of Transportation, at the request of the Treasurer of State with the approval of the Governor, may enter into an agreement necessary for issuing a note. A note and the income from that note are exempt from all taxation within the State.   [PL 2001, c. 565, Pt. G, §1 (NEW); PL 2001, c. 565, Pt. G, §2 (AFF).]
As used in this section, unless the context otherwise indicates, "note" means a bond, note or other obligation issued to evidence a loan negotiated pursuant to this section in anticipation of federal transportation funds. "Federal transportation funds" means federal funds used for transportation purposes including funds administered by or through the United States Department of Transportation.   [PL 2001, c. 565, Pt. G, §1 (NEW); PL 2001, c. 565, Pt. G, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 565, §G1 (NEW). PL 2001, c. 565, §G2 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §151. Funds of professional licensing boards

§151. Funds of professional licensing boards
All money received by the Treasurer of State from those boards listed in section 12004‑A constitutes a fund for each board, which is a continuous carrying account for the payment of the compensation and expenses of the members and the expenses of the board and for executing the law relating to each board respectively and as much of the fund as may be required is appropriated for these purposes. All payments must be made from the respective funds held in the State Treasury, after the approval of the State Controller. In no event may these payments exceed the amounts received by the Treasurer of State from the treasurer of each respective board. Any balance remaining to the credit of any board at the end of any year must be carried forward to the next year.   [PL 1997, c. 393, Pt. B, §1 (RPR); PL 1997, c. 393, Pt. B, §2 (AFF).]
Whenever there shall accumulate in the State Treasury to the account of any board or commission charged with the duty of issuing licenses for the conduct of any profession, trade or business, sums of money in excess of the amount required properly to cover the expense of performing the duties imposed upon the board or commission in connection with the granting of licenses and the supervision of persons licensed, the board or commission, with the approval of the Governor, may suspend the payment or reduce the amount of any license fees fixed by law for any renewal until, in the opinion of the board or commission, it shall be necessary to collect the full amount established by law.   [PL 1987, c. 395, Pt. A, §16 (RPR).]
SECTION HISTORY
PL 1967, c. 253, §11 (AMD). PL 1967, c. 423, §2 (AMD). PL 1967, c. 544, §7 (AMD). PL 1971, c. 9 (AMD). PL 1971, c. 518, §1 (AMD). PL 1971, c. 622, §7 (AMD). PL 1973, c. 101, §2 (AMD). PL 1973, c. 558, §2 (AMD). PL 1975, c. 705, §1 (AMD). PL 1975, c. 771, §47 (AMD). PL 1979, c. 606, §1 (AMD). PL 1987, c. 395, §A16 (RPR). PL 1993, c. 600, §§B20-22 (AMD). PL 1995, c. 402, §A2 (AMD). PL 1995, c. 505, §2 (AMD). PL 1995, c. 505, §22 (AFF). PL 1997, c. 393, §B1 (AMD). PL 1997, c. 393, §B2 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §151-A. Income from temporary investment of bonds

§151-A. Income from temporary investment of bonds
All net income realized from the temporary investment of bond proceeds on general fund bond issues approved by the 103rd Legislature and future Legislatures shall be credited to a special account designated as Debt Service Account, and used only for the retirement of bonds and notes.   [PL 1971, c. 544, §10 (AMD).]
SECTION HISTORY
P&SL 1967, c. 154, §E (NEW). PL 1967, c. 544, §8 (RPR). PL 1971, c. 544, §10 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §152. Ratification of bond issue; signed statement

§152. Ratification of bond issue; signed statement
In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to accompany any question submitted to the electors for ratification of a bond issue setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors should be ratified. The Treasurer of State shall also set forth in that statement an estimate of costs involved, including explanation of, based on such factors as interest rates that may vary, the interest cost contemplated to be paid on the amount to be issued, the total cost of principal and interest that will be paid at maturity and any other substantive explanatory information relating to the debt of the State as the Treasurer of State considers appropriate. To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is made available to voters as provided in Title 21‑A, sections 605‑A and 651.   [PL 2013, c. 131, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 534, §2 (NEW). PL 2007, c. 515, §1 (AMD). PL 2011, c. 342, §3 (AMD). PL 2013, c. 131, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §153. Rules

§153. Rules
The Treasurer of State may adopt and amend rules necessary to carry out this chapter. These rules shall be adopted and amended pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.   [PL 1985, c. 816, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 816, §2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §154. Services to nonstate agencies

§154. Services to nonstate agencies
Notwithstanding any other provision of law, the State Controller may establish an account within Other Special Revenue funds for the Treasurer of State to recover the cost of providing administrative services to the Maine Military Authority.   [PL 2001, c. 559, Pt. F, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 559, §F1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §155. State liabilities

§155. State liabilities
By July 31st of each year, the Treasurer of State shall publish on the publicly accessible portion of the treasurer's website the latest information available regarding all liabilities of the State as of June 30th of that same year. For purposes of this section, "liabilities of the State" includes all state debts, loans, bonds, unfunded liabilities and promises to pay, including issued and unissued bonds, pension liabilities, promises to provide health insurance in future years, Maine Governmental Facilities Authority bonds and any other debt or obligation that the State has guaranteed or promised to pay. "Liabilities of the State" does not include state contracts for goods and services or vendor information.   [PL 2011, c. 188, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 188, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §156. Authorization to establish program; payments for MaineCare benefits prohibited

§156. Authorization to establish program; payments for MaineCare benefits prohibited
The Treasurer of State is authorized to establish in this State the ABLE ME Savings Program, referred to in this section as "the program," to allow an individual with a disability to establish a federal tax-advantaged savings account and use the funds in that account to pay for the individual's care. The program must comply with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295.   [PL 2017, c. 394, §1 (NEW).]
Unless otherwise required by the United States Social Security Act, 42 United States Code, Section 1396p(b), the State, or any agency or instrumentality of the State, may not seek payment for MaineCare benefits provided to a designated beneficiary from an account, or its proceeds, that is established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295.   [PL 2019, c. 348, §1 (NEW).]
Funds held in an account established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113‑295 or distributed for the purposes of paying qualified expenses must be disregarded when determining the designated beneficiary's eligibility for any means‑tested public assistance program.   [PL 2019, c. 348, §1 (NEW).]
The Treasurer of State may adopt routine technical rules pursuant to chapter 375, subchapter 2‑A to implement the provisions of this section, including all terms and conditions of the program.   [PL 2017, c. 394, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 394, §1 (NEW). PL 2019, c. 348, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §157. Loan Guarantee Program Fund established

§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.
[PL 2019, c. 617, Pt. I, §1 (NEW).]
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 Meals for Publicly Funded Students at Private Academies program, Other Special Revenue Funds account within the Department of Education.
[PL 2021, c. 759, Pt. E, §1 (AMD); PL 2021, c. 759, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 2019, c. 617, Pt. I, §1 (NEW). PL 2021, c. 759, Pt. E, §1 (AMD). PL 2021, c. 759, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7-A: MAINE RETIREMENT SAVINGS BOARD › 5 §176. Confidentiality of account information

§176. Confidentiality of account information
1.  Individual account information.
Individual account information for accounts under the program, including, but not limited to, names, residential addresses, e-mail addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts contributed, is confidential and must be maintained as confidential except to the extent necessary to administer the program in a manner consistent with this chapter, the tax laws of this State and the Internal Revenue Code or unless the person who provides the information or is the subject of the information expressly agrees in writing that the information may be disclosed.
[PL 2021, c. 356, §1 (NEW).]
2.  Restriction on use of personal information.
An individual or organization that has access to personal information of participants solely because of its contracts or agreements with the board to provide services or support to the program, including plan administration, may not use that information to market its products or services not associated with the program to participants unless the participant affirmatively consents to receive such information.
[PL 2021, c. 356, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 356, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7-A: MAINE RETIREMENT SAVINGS BOARD › 5 §177. Intergovernmental collaboration and cooperation

§177. Intergovernmental collaboration and cooperation
The board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency or instrumentality of the State in order to further the successful implementation and operation of the program through the provision, receipt or other sharing of data, technical assistance, enforcement, compliance, collection and other services or assistance to the program, and all such agencies and instrumentalities shall cooperate with the board in achieving those ends. The board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency or instrumentality of the State to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the program, subject to such obligations of confidentiality as may be agreed to or required by law, or other services or assistance. The State and any agencies or instrumentalities of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information and compliance or other services or assistance to the board. The agreements or memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.   [PL 2023, c. 167, §10 (AMD).]
SECTION HISTORY
PL 2021, c. 356, §1 (NEW). PL 2023, c. 167, §10 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7-A: MAINE RETIREMENT SAVINGS BOARD › 5 §179. Accounting and annual report

§179. Accounting and annual report
1.  Account; audit.
The board shall cause an accurate account of all of the program's, enterprise fund's and board's activities, operations, receipts and expenditures to be maintained on a calendar year basis. A full audit of the books and accounts of the board pertaining to those activities, operations, receipts and expenditures must be conducted by a certified public accountant, including, but not limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors and any other persons who are not state employees for the administration of the program. For the purposes of the audit, the auditors must have access to the properties and records of the program and board and may prescribe methods of accounting and the rendering of periodic reports in relation to projects undertaken by the program.
[PL 2021, c. 356, §1 (NEW).]
2.  Submission of report.
Beginning February 1, 2026 and annually thereafter, the board shall submit to the Governor, the Treasurer of State and the Legislature an audited financial report, prepared in accordance with generally accepted accounting principles, detailing the activities, operations, receipts and expenditures of the program and board during the preceding calendar year. The report must include the number of participants, the investment options and their rates of return and other information regarding the program and must also include projected activities of the program for the current calendar year.
[PL 2023, c. 167, §13 (AMD).]
SECTION HISTORY
PL 2021, c. 356, §1 (NEW). PL 2023, c. 167, §13 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §191-A. Transition period

§191-A. Transition period
In order to provide for an orderly transition following the biennial election of the Attorney General, the Attorney General-elect shall not take the oath of his office or otherwise qualify for the office for a period of no less than 30 days following that election.   [PL 1981, c. 143 (NEW).]
SECTION HISTORY
PL 1981, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §191-B. Qualification

§191-B. Qualification
To serve as Attorney General, a person must be a member in good standing of the bar of the State. For purposes of this section, a person is a "member in good standing of the bar of the State" if that person is admitted to the practice of law in this State, is presently registered with the Board of Overseers of the Bar as an active practitioner and has not been and is not currently disbarred or suspended from practice pursuant to Title 4, chapter 17, subchapter II or Maine Bar Rule 7.2 or its successor.   [PL 1997, c. 145, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 145, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §192. Prosecution of all claims for State

§192. Prosecution of all claims for State
All civil actions to recover money for the State shall be brought by the Attorney General or by the district attorney in the name of the State. The Attorney General shall appear before the departments and tribunals of the United States and the committees of Congress to prosecute all claims of the State against the United States.   [PL 1973, c. 567, §20 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §193. Prosecution of intruders

§193. Prosecution of intruders
The Attorney General may, if in his judgment the public interest so requires, prosecute by indictment or complaint any person who intrudes on the land, rights or property of the State, or commits or erects a nuisance thereon.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-C. Notice and approval for conversion transaction

§194-C. Notice and approval for conversion transaction
1.  Notice or approval required.
Prior to completing a conversion transaction, a public charity must:
A. If the fair market value of assets to be converted in the transaction is $500,000 or more, obtain approval of the court in accordance with section 194‑F;   [PL 2001, c. 550, Pt. A, §2 (NEW).]
B. If the fair market value of assets to be converted in the transaction is less than $500,000 but at least $50,000, obtain approval from the Attorney General in accordance with section 194‑E or, if the Attorney General does not approve the transaction, obtain approval from the court in accordance with section 194‑F; or   [PL 2001, c. 550, Pt. A, §2 (NEW).]
C. If the value of the transaction is less than $50,000, provide notice to the Attorney General in accordance with section 194‑D.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
[PL 2001, c. 550, Pt. A, §2 (NEW).]
2.  Appraisal required.
Fair market value must be determined by an independent appraisal for conversion transactions with a fair market value of $50,000 or more. If the appraisal provides a range of values, the highest point of the range determines which section of law applies to the transaction pursuant to subsection 1.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
3.  Failure to comply with this section or sections 194-D to 194-H.
A transaction consummated in violation of any provision of this section or sections 194‑D to 194‑H is voidable. Officers and directors who receive private inurement or excess benefits from such a transaction are subject to the civil penalties provided in section 194‑K.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
4.  Applicability to nonprofit hospital or medical service organizations.
This section, section 194‑B and sections 194‑D to 194‑K do not apply to a corporation or other entity licensed under Title 24, chapter 19. A conversion of a corporation or other entity licensed under Title 24, chapter 19 is governed by section 194‑A and Title 24, section 2301, subsection 9‑D.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-D. Conversion transactions less than $50,000

§194-D. Conversion transactions less than $50,000
A public charity shall provide written notice to the Attorney General of its intent to enter into a conversion transaction if the value of the transaction is less than $50,000. The notice must include the name of the public charity, the value of the assets to be converted and the entity to which the assets will be transferred. Twenty days after providing notice to the Attorney General in accordance with this section, the public charity is deemed to be in compliance with section 194‑C and this section unless the Attorney General notifies the public charity within those 20 days that the value of the transaction is $50,000 or more or that the filing otherwise fails to comply with this section.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
The Attorney General is not required to take any action on notices received under this section, except that, upon request of a public charity that has properly provided notice under this section, the Attorney General shall issue a letter indicating that the public charity has complied with its obligation under this section, section 194‑C and sections 194‑E to 194‑H.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-H. Distribution of proceeds

§194-H. Distribution of proceeds
1.  Requirements.
The proceeds of a conversion transaction must be distributed to an existing or new foundation or public benefit corporation that meets the following requirements.
A. The foundation or public benefit corporation must operate pursuant to 26 United States Code, Section 501(c)(3) or 501(c)(4), and, regardless of whether the foundation is classified as a private foundation under 26 United States Code, Section 509, the foundation or public benefit corporation must operate in accordance with the restrictions and limitations that apply to private foundations found in 26 United States Code, Sections 4941 to 4945.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
B. The foundation or public benefit corporation and its directors, officers and staff must be and remain independent of the for-profit company and its affiliates. A person who is an officer, director or staff member with influence over a conversion decision of a public charity submitting a conversion plan, at the time the plan is submitted or at the time of the conversion transaction or within 5 years thereafter, is not qualified to be an officer, director or staff member of the foundation. A director, officer, agent or employee of the public charity submitting the plan or the foundation receiving the charitable assets may not benefit directly or indirectly from the transaction.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
C. A foundation or public benefit corporation must have or establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting the for-profit corporation or members of the board of directors and management of the for-profit corporation.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
[PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-I. Intervention in court proceeding

§194-I. Intervention in court proceeding
This section relates to intervention in proceedings under section 194‑F.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
1.  Right to intervene.
Except as provided in subsection 2, the court, on timely application made pursuant to Rule 24(a) of the Maine Rules of Civil Procedure, shall allow any person who is interested in the outcome of a conversion proceeding to intervene as a party to that proceeding, notwithstanding the presence of the Attorney General in the action.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
2.  Court power to manage process.
This section does not limit the power of the court to manage its cases by limiting the number of intervenors or by consolidating parties with similar interests.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-J. Attorney General authority

§194-J. Attorney General authority
1.  Rules.
The Attorney General may adopt rules the Attorney General considers appropriate to implement this section, sections 194‑B to 194‑I and section 194‑K. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter II‑A.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
2.  Attorney General authority not limited.
This section, sections 194‑B to 194‑I and section 194‑K do not limit the common-law authority of the Attorney General to protect charitable trusts and charitable assets in this State. The penalties and remedies provided in section 194‑K are in addition to and are not a replacement for any other civil or criminal action the Attorney General may take under common law or statute, including an action to rescind the conversion transaction or to obtain injunctive relief or a combination of injunctive relief and other remedies available under common law or statute.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §194-K. Penalties

§194-K. Penalties
1.  Attorney General to bring action.
The Attorney General may initiate an action in Superior Court to:
A. Void a conversion transaction pursuant to subsection 2. Such an action may be brought in Superior Court in Kennebec County or in the county in which the assets of the public charity to be transferred are located;   [PL 2001, c. 550, Pt. A, §2 (NEW).]
B. Seek a civil penalty against an individual pursuant to subsection 3. Such an action must be brought in the Superior Court of Kennebec County or in the county in which the individual resides; and   [PL 2001, c. 550, Pt. A, §2 (NEW).]
C. Obtain on behalf of the public charity the return or repayment of any property or consideration received as private inurement or an excess benefit in violation of Title 13‑B standards.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
[PL 2001, c. 550, Pt. A, §2 (NEW).]
2.  Transaction voidable.
The Superior Court may void a conversion transaction entered into in violation of applicable provisions of sections 194‑C to 194‑H. If the court voids the transaction, it may also grant any orders necessary to restore the public charity to its former position, including removing the board of the public charity or voiding contracts.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
3.  Penalties against individuals.
An individual officer, director, trustee or manager in a position to exercise substantial influence over the affairs of a public charity is subject to a civil penalty if that person, in violation of the standards established under Title 13‑B for conduct by directors or officers or for avoiding conflicts of interest:
A. Receives property or consideration from the public charity that constitutes private inurement; or   [PL 2001, c. 550, Pt. A, §2 (NEW).]
B. Receives excess benefits that exceed the fair market value of anything provided in return.   [PL 2001, c. 550, Pt. A, §2 (NEW).]
The civil penalty under this subsection may be an amount up to 100% of the excess benefit or private inurement received and may be recovered in addition to costs and fees incurred by the Attorney General in bringing the action.
[PL 2001, c. 550, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 550, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §195. Opinions on questions of law

§195. Opinions on questions of law
The Attorney General shall give his written opinion upon questions of law submitted to him by the Governor, by the head of any state department or any of the state agencies or by either branch of the Legislature or any members of the Legislature on legislative matters.   [PL 1975, c. 771, §48 (RPR).]
SECTION HISTORY
PL 1973, c. 585, §§11,12,14 (AMD). PL 1973, c. 711, §3 (AMD). PL 1975, c. 771, §48 (RPR).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §196. Deputies and assistants; appointment and duties

§196. Deputies and assistants; appointment and duties
The Attorney General may appoint one or more deputy attorneys general, assistant attorneys general and staff attorneys who serve at the pleasure of the Attorney General or until their successors are duly appointed and qualified. They may perform all the duties required of the Attorney General and other duties the Attorney General delegates to them. The Attorney General may appoint research assistants with any powers and duties the Attorney General delegates. Research assistants may perform duties delegated to them by the Attorney General, including activities authorized by Title 4, section 807. Notwithstanding any other provisions of law, the compensations of research assistants, law office manager and deputy attorneys general are fixed by the Attorney General. The compensation of the Deputy Chief Medical Examiner is fixed by the Attorney General in consultation with the Chief Medical Examiner and with the approval of the Governor. The compensations of the staff attorneys, assistant attorneys general and secretary to the Attorney General are fixed by the Attorney General with the approval of the Governor, but such compensations may not in the aggregate exceed the amount appropriated for those positions and may not result in an increased request to future Legislatures.   [PL 2017, c. 284, Pt. DDD, §1 (AMD).]
Notwithstanding any other provision of law, whenever the written approval of the Attorney General is required by statute or court rule and the Attorney General either is unavailable to act upon the matter or has determined that it would be legally or ethically improper for the Attorney General to do so, the required approval may be given by a deputy attorney general specifically authorized in writing by the Attorney General to act on the Attorney General's behalf in these situations.   [PL 2005, c. 154, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 53, §1 (AMD). PL 1971, c. 439, §8 (AMD). PL 1973, c. 711, §4 (RPR). PL 1975, c. 96, §2 (AMD). PL 1975, c. 771, §49 (AMD). PL 1977, c. 380, §B1 (AMD). PL 1981, c. 67, §§F1,F2 (AMD). PL 1981, c. 549 (AMD). PL 1983, c. 824, §T (AMD). PL 1989, c. 410, §14 (AMD). PL 2005, c. 154, §1 (AMD). PL 2017, c. 284, Pt. DDD, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §197. State criminal inspectors; clerks; office expenses

§197. State criminal inspectors; clerks; office expenses
The Attorney General is authorized to employ in his office in addition to the officers named in section 196, state criminal inspectors and additional clerks as the business of his office may demand, whose appointment and compensation shall be subject to the Civil Service Law. He may incur a reasonable expense for postage, printing, stationery and other office expenses.   [PL 1985, c. 785, Pt. B, §11 (AMD).]
SECTION HISTORY
PL 1965, c. 478 (AMD). PL 1985, c. 785, §B11 (AMD).