reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 142: MAINE BUDGET STABILIZATION FUND › 5 §1536. Excess General Fund revenues

§1536. Excess General Fund revenues
1.  Final priority reserves.
After the transfers to the State Contingent Account pursuant to section 1507, the transfers to the Loan Insurance Reserve pursuant to section 1511, the transfers pursuant to section 1522, a transfer of $2,500,000 for the Reserve for General Fund Operating Capital and the transfers to the Retiree Health Insurance Internal Service Fund pursuant to section 1519, the State Controller shall transfer at the close of each fiscal year from the unappropriated surplus of the General Fund an amount equal to the amount available from the unappropriated surplus after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made as follows:
A. Eighty percent to the stabilization fund; and   [PL 2015, c. 267, Pt. L, §8 (AMD).]
B. [PL 2013, c. 1, Pt. E, §2 (RP).]
C. [PL 2015, c. 267, Pt. L, §8 (RP).]
D. [PL 2015, c. 267, Pt. L, §8 (RP).]
E. [PL 2015, c. 267, Pt. L, §8 (RP).]
F. [PL 2021, c. 398, Pt. ZZZ, §2 (RP).]
G. Twenty percent to the Highway and Bridge Capital program, Other Special Revenue Funds account.   [PL 2021, c. 398, Pt. ZZZ, §3 (NEW).]
[PL 2021, c. 398, Pt. ZZZ, §§2, 3 (AMD).]
2.  Additional transfer.
At the close of each fiscal year, the State Controller shall transfer from the unappropriated surplus of the General Fund to the stabilization fund an amount equal to the balance remaining of the excess of total General Fund revenue received over accepted estimates in that fiscal year that would have been transferred to the Reserve for General Fund Operating Capital pursuant to subsection 1 had the Reserve for General Fund Operating Capital not been at its statutory limit of $50,000,000.
[PL 2015, c. 267, Pt. L, §8 (AMD).]
3.  Exceptions; stabilization fund at limit.
If the stabilization fund is at its limit of 18% of General Fund revenue of the immediately preceding year, then amounts that would otherwise have been transferred to the stabilization fund pursuant to subsections 1 and 2 must be transferred to the Highway and Bridge Capital program, Other Special Revenue Funds account.
[PL 2021, c. 398, Pt. ZZZ, §4 (AMD).]
SECTION HISTORY
RR 2005, c. 1, §1 (COR). PL 2005, c. 2, §A5 (NEW). PL 2005, c. 2, §A14 (AFF). PL 2005, c. 519, §VV4 (AMD). PL 2011, c. 380, Pt. X, §2 (AMD). PL 2011, c. 692, §2 (AMD). PL 2011, c. 692, §3 (AFF). PL 2013, c. 1, Pt. E, §2 (AMD). PL 2015, c. 267, Pt. L, §8 (AMD). PL 2019, c. 448, §2, 3 (AMD). PL 2021, c. 398, Pt. ZZZ, §§2-4 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1541-A. Financial management and accounting practices

§1541-A. Financial management and accounting practices
The Commissioner of Administrative and Financial Services and the State Controller shall:   [PL 2003, c. 83, §1 (NEW).]
1.  Develop manual.
Develop a financial management and accounting practices manual for the purpose of promulgating systemwide uniform financial management practices for state agencies. The manual must be updated on an annual basis; and
[PL 2003, c. 83, §1 (NEW).]
2.  Develop program.
Develop and implement a program to provide training on a periodic basis to appropriate financial and accounting personnel across department lines in State Government on uniform financial management and accounting practices.
[PL 2003, c. 83, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 83, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1543. Disbursements; exceptions

§1543. Disbursements; exceptions
Money may not be drawn from the State Treasury except in accordance with appropriations duly authorized by law. Every disbursement from the State Treasury must be upon the authorization of the State Controller and the Treasurer of State, as evidenced by their facsimile signatures, except that the Treasurer of State may authorize interbank and intrabank transfers for purposes of pooled investments. Disbursements must be in the form of a check or an electronic transfer of funds against a designated bank or trust company acting as a depository of the State Government.   [PL 1993, c. 680, Pt. A, §9 (RPR).]
The State Controller and the Treasurer of State are authorized to issue rules, policies or procedures to limit the number of disbursements made for less than $5.   [PL 1993, c. 410, Pt. UU, §1 (NEW).]
Notwithstanding the foregoing paragraph, the Commissioner of Labor is authorized to prepare and sign warrants for the payment of benefits to eligible unemployed persons and allowances to persons eligible under federally sponsored human resources development programs that authorize the Department of Labor to designate the recipients of allowances from federal funds granted or allocated to the department under these programs, which warrants, upon being delivered to the payee, become a check against a designated bank or trust company acting as a depository of the State Government. The authority of the commissioner to prepare and sign the warrants is limited solely to the payment of benefits to eligible unemployed persons and to allowances to persons eligible under these federal programs. The facsimile signature of the commissioner who is leaving office is valid until a new signature plate for the signature authorized has been obtained for the commissioner's successor.   [PL 1995, c. 462, Pt. B, §2 (AMD).]
Notwithstanding the foregoing paragraphs, the treasurer of the 3 Indian school committees is authorized to prepare and sign warrants for the payment of Indian school payrolls and bills.   [PL 1973, c. 571, §3-A (NEW); PL 1973, c. 625, §29 (NEW).]
SECTION HISTORY
PL 1969, c. 186, §1 (AMD). PL 1973, c. 571, §§3-A (AMD). PL 1973, c. 625, §29 (AMD). PL 1979, c. 312, §3 (AMD). PL 1993, c. 410, §UU1 (AMD). PL 1993, c. 445, §1 (AMD). PL 1993, c. 477, §D1 (AMD). PL 1993, c. 477, §F1 (AFF). PL 1993, c. 680, §A9 (AMD). PL 1995, c. 462, §B2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1543-A. Direct deposit of certain disbursements

§1543-A. Direct deposit of certain disbursements
1.  Electronic funds transfer system.
The State Controller and the Treasurer of State shall establish an electronic funds transfer system for the purpose of transferring directly into payees' accounts held at accredited financial institutions the payment of any amount or obligation owed by the State. Beginning with the payroll after the effective date of this section that is closest to January 1, 2008, the State shall pay all state employees' wages and salaries through an electronic funds transfer system. Except as set forth in subsection 2, all wages and salaries of state employees must be transferred by means of electronic funds transfer directly into an employee's account in an accredited financial institution designated by the employee, and each state employee shall complete a direct deposit application on such forms as the State Controller shall prescribe. The direct deposit application authorizes the State Controller to initiate credit and debit entries and to correct erroneous credit entries to the employee's designated account. The State Controller shall develop policies and procedures to allow the employee to change the designated account at any time.
[PL 2007, c. 539, Pt. E, §1 (NEW).]
2.  Waiver provisions.
The State may waive the mandatory direct deposit of the wages or salary for a state employee in subsection 1 if the State Controller determines that:
A. The employee has a physical or mental disability that would impede the employee's ability to gain access to electronically deposited funds;   [PL 2007, c. 539, Pt. E, §1 (NEW).]
B. The employee has religious convictions that preclude the use of direct deposits; or   [PL 2007, c. 539, Pt. E, §1 (NEW).]
C. The facts of the particular case warrant a waiver of the mandatory direct deposit of the employee's wages or salary.   [PL 2007, c. 539, Pt. E, §1 (NEW).]
[PL 2007, c. 539, Pt. E, §1 (NEW).]
3.  Transfers to multiple payees.
A single transfer may contain payments to multiple payees.
[PL 2007, c. 539, Pt. E, §1 (NEW).]
4.  System administration.
The State Controller and the Treasurer of State shall establish the standards and procedures for administering the electronic funds transfer system.
[PL 2007, c. 539, Pt. E, §1 (NEW).]
5.  Vendor payments.
The State Controller and the Treasurer of State may adopt rules to require vendors with a significant volume of payments to receive payment by direct deposit. The rules must include the requirement that the State Controller provide to vendors that receive electronic payments information similar to the check advice information given to vendors that receive checks. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A.
[PL 2011, c. 477, Pt. G, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. E, §1 (NEW). PL 2011, c. 477, Pt. G, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1544. Unappropriated Surplus; report; purchase of real estate adjacent to State House

§1544. Unappropriated Surplus; report; purchase of real estate adjacent to State House
The State Controller shall maintain on the books of the State an account to be known as "Unappropriated Surplus." The balances of all revenue and appropriation accounts not otherwise provided for by law, together with any other necessary adjustments of balances previously closed to the Unappropriated Surplus Account, shall be closed to this account at the end of each fiscal year. Any amounts authorized for allocation by the Governor or representing permanent working capital advances shall be removed from Unappropriated Surplus and set up in separate accounts so that the balance of the Unappropriated Surplus Account shall be the amount of free and unencumbered surplus according to generally accepted accounting principles.   [PL 1975, c. 771, §70 (AMD).]
The State Controller shall include in his official annual financial report a statement of the Unappropriated Surplus Account reflecting all changes in this account during the fiscal year and the balance of this account at the close of the fiscal period.
SECTION HISTORY
PL 1969, c. 455, §3 (AMD). PL 1975, c. 771, §70 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1545. Reproduction of certain documents authorized

§1545. Reproduction of certain documents authorized
The State Controller is authorized to cause to be made, at the expense of the State, by any photostatic, photographic, microfilm or other mechanical process that produces a clear, accurate and permanent copy or reproduction thereof, copies of any part or all of the state cancelled checks, vouchers and other documents on file in the Office of the State Controller or the Office of the Treasurer of State. Any records created by or provided to the State containing information about outstanding, unpaid checks issued by the State are confidential and not available for public inspection to the extent that the State Controller and the Treasurer of State determine that confidentiality is necessary to protect the interests of the payee, the State and the public welfare.   [PL 1997, c. 124, §1 (AMD); PL 2003, c. 600, §4 (REV).]
SECTION HISTORY
PL 1997, c. 124, §1 (AMD). PL 2003, c. 600, §4 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1546. Records open to public inspection

§1546. Records open to public inspection
The books, accounts, vouchers, affidavits and other records and papers in the office of the State Controller relating to the public business shall be open for inspection to the citizens of this State at all reasonable times and for all proper purposes.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1548. Claims and accounts against State or municipalities must be verified

§1548. Claims and accounts against State or municipalities must be verified
A person, presenting an account or claim against any town, village, corporation, city, county or the State for services rendered, articles furnished or expenses incurred, shall cause said account or claim to be verified by oath, if required by any person whose duty it is to audit the same. If said claimant refuses so to verify, his claim shall be rejected.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1549. Contractors to notify State of job openings

§1549. Contractors to notify State of job openings
The Department of Administrative and Financial Services, Office of the State Controller, shall ensure that a contract with a nonstate contractor that is approved under section 1541 requires the contractor to notify the Additional Support for People in Retraining and Employment Program within the Department of Health and Human Services when the contractor has an employment opening for which members of the public may apply.   [RR 1995, c. 1, §1 (COR); PL 2003, c. 600, §4 (REV); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1993, c. 385, §1 (NEW). RR 1995, c. 1, §1 (COR). PL 2003, c. 600, §4 (REV). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1550. Conference fee accounts

§1550. Conference fee accounts
If a state agency conducts a conference, workshop or seminar for which fees are charged to defray the costs of the conference, workshop or seminar, including information disseminated at these programs, the state agency must establish an account for the sole purpose of receiving and expending reasonable fees for the operation of the conference, workshop or seminar. Conference fee accounts are subject to the following.   [PL 1995, c. 316, §2 (NEW).]
1.  Prior approval required.
Any conference fee account must receive prior approval by the Department of Administrative and Financial Services through the Office of the State Controller.
[PL 1995, c. 316, §2 (NEW); PL 2003, c. 600, §4 (REV).]
2.  Certain uses prohibited.
Expenditures from the personal services category and transfers to other accounts are not permitted from a conference fee account. Any item, equipment or other property purchased from the capital expenditure category is state property.
[PL 1995, c. 316, §2 (NEW).]
3.  Account balance to carry forward once.
At the end of the fiscal year, any balance remaining for a given event may carry forward once and other balances lapse to the General Fund undedicated revenue.
[PL 1995, c. 316, §2 (NEW).]
4.  Misapplication from a conference fee account.
A person is guilty of misapplication from a conference fee account if that person intentionally or knowingly violates any of the restrictions contained in this section. Misapplication from a conference fee account is a Class E crime.
[PL 1995, c. 316, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 316, §2 (NEW). PL 2003, c. 600, §4 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 143: ACCOUNTS AND CONTROL › 5 §1550-A. Services to nonstate agencies

§1550-A. Services to nonstate agencies
Notwithstanding any other provision of law, the Department of Administrative and Financial Services, Office of the State Controller may establish an account within Other Special Revenue funds to recover the cost of providing accounting, payroll and other services provided by the office to the Maine Military Authority established in Title 37‑B, section 391.   [PL 2001, c. 559, Pt. F, §2 (NEW); PL 2003, c. 600, §4 (REV).]
SECTION HISTORY
PL 2001, c. 559, §F2 (NEW). PL 2003, c. 600, §4 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1551. Purpose

§1551. Purpose
The purpose of this chapter is to promote prompt payment of obligations incurred by agencies of State Government. It is the intent of the Legislature to prevent hardship for any business concern due to late payment of proper invoices for obligations incurred by state agencies. It is also the intent of the Legislature to encourage business concerns to provide prompt, dependable services and products of a high quality and at a reasonable cost to State Government.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1552. Definitions

§1552. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 655 (NEW).]
1.  Business concern.
"Business concern" means a person, partnership or corporation engaged in providing property, products or services for the purpose of gain, benefit or advantage, either direct or indirect, whether or not the concern is organized for profit or not for profit.
[PL 1983, c. 655 (NEW).]
2.  Commissioner.
"Commissioner" means the Commissioner of Administrative and Financial Services.
[PL 1991, c. 780, Pt. Y, §44 (AMD).]
3.  Controller.
"Controller" means the State Controller.
[PL 1983, c. 655 (NEW).]
4.  Improper invoice.
"Improper invoice" means an invoice which is:
A. Incorrectly calculated;   [PL 1983, c. 655 (NEW).]
B. Received for property, products or services that are unsatisfactory with respect to quantity or quality; or   [PL 1983, c. 655 (NEW).]
C. Received for property, products or services for which there is no request.   [PL 1983, c. 655 (NEW).]
[PL 1983, c. 655 (NEW).]
5.  Proper invoice.
"Proper invoice" means an invoice for property, products or services deemed to be satisfactory in quality and quantity, in conformance with the request of the state agency and on which the amount due has been correctly calculated.
[PL 1983, c. 655 (NEW).]
6.  State agency.
"State agency" means any body of State Government authorized by law to adopt rules, to issue licenses or to take final action in adjudicatory proceedings, including, but not limited to, every authority, board, bureau, commission, department or officer of the State Government so authorized; but the term does not include the Governor, courts, University of Maine System, Maine Maritime Academy, school districts, special purpose districts or municipalities, counties or other political subdivisions of the State.
[PL 1985, c. 779, §15 (AMD).]
SECTION HISTORY
PL 1983, c. 655 (NEW). PL 1985, c. 779, §15 (AMD). PL 1985, c. 785, §A54 (AMD). PL 1991, c. 780, §Y44 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1553. Standards

§1553. Standards
The commissioner shall require state agencies to assure prompt payment by means of the following standards.   [PL 1983, c. 655 (NEW).]
1.  Required payment date.
The required payment date for any proper invoice for which a state agency has incurred an obligation to a business concern shall be no more than 25 working days from the date the state agency receives a proper invoice or from the date of receipt of the property, products or services, whichever is later, unless the agency and the business concern have agreed to another payment date.
[PL 1983, c. 655 (NEW).]
2.  Notice of receipt of improper invoice.
In the event the state agency receives an improper invoice, the agency shall immediately notify the business concern in writing. This written notice shall reasonably describe why the invoice is deemed to be improper. Disputes shall be handled under section 1510‑A.
[PL 1983, c. 655 (NEW).]
3.  Specifications of a required payment date for corrected invoices.
In the event that an improper invoice is received by a state agency, it shall be returned within 15 days of receipt to the business concern for correction. Upon receiving a corrected invoice, payment shall be made in accordance with subsection 1.
[PL 1983, c. 655 (NEW).]
4.  Procedure for submitting invoices to controller.
An expeditious procedure shall be developed for the submission of invoices received by a state agency to the controller. In the event that obligations of an agency are not paid through the controller, a procedure shall be developed by the commissioner to ensure prompt payment.
[PL 1983, c. 655 (NEW).]
5.  Duties of the state agency.
It shall be the responsibility of the state agency that incurs a late fee pursuant to this chapter to calculate the amount of the late fee and add that fee to the amount of the invoice prior to submission of the invoice to the controller. In calculating the amount of the late fee which will be added to the invoice, the state agency shall assume and calculate an additional late fee equivalent to the 10 working days necessary for the invoice to be processed by the controller.
[PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1554. Payment of late fees

§1554. Payment of late fees
In the event that a proper invoice is not paid within 25 working days after receipt of the invoice, or within 15 days following another date agreed to by the state agency and the business concern, the agency shall be liable to pay a reasonable late fee that shall not exceed the normal late charge that the business concern levies on the amount due on the invoice.   [PL 1983, c. 655 (NEW).]
In the event that federal moneys are the budgeted source of funds for payment to business concerns for state agency purchases of goods, property or services, and these moneys are unexpectedly withheld and delayed from reaching the State in time to pay proper invoices without incurring a late fee, the state agency which made the purchases and the State of Maine shall not be liable for any late fees on overdue payments.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1555. Period of time for which late fees are imposed

§1555. Period of time for which late fees are imposed
The late fee shall apply to the period beginning on the day after the required payment date and ending on the date on which payment of the amount due on the invoice is made. An amount of a late fee which remains unpaid at the end of any 30-day period, after the required payment date, shall be added to the principal amount of the debt and, thereafter, late fees shall accrue on the added amount.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1556. Source of payment for late fees

§1556. Source of payment for late fees
Any late fee authorized by this chapter to be applied to a proper invoice shall be paid from funds made available for the administration or operation of the program or state agency for which the obligation was incurred.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1557. Late fees and improper invoices

§1557. Late fees and improper invoices
With respect to an improper invoice, the late fee shall apply to the period beginning on the day after the required payment date is due as specified on the corrected and proper invoice and ending on the date on which payment of the amount due on the invoice is made.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 144: PAYMENT OF INVOICES RECEIVED FROM BUSINESS CONCERNS › 5 §1558. Annual report

§1558. Annual report
The State Controller shall annually report on the amount of late fees incurred by the various state agencies.   [PL 1983, c. 655 (NEW).]
SECTION HISTORY
PL 1983, c. 655 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1581. Form of appropriation bill

§1581. Form of appropriation bill
The General Fund appropriation bill provided for in section 1664 must be drawn so as to authorize the appropriation to be made to each department or agency of the State Government for each fiscal year of the biennium. The appropriation must provide specific amounts for personal services, capital expenditures and amounts for all other departmental expenses. Appropriations for the acquisition of property must be in such detail under each department or agency as the Governor-elect or the Governor determines. Those appropriations may not be segregated in greater detail than the major classes or projects for which they are expendable during each fiscal year of the biennium. The Law and Legislative Reference Library established under Title 3, chapter 7, subchapter II must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill.   [PL 1991, c. 780, Pt. EEE, §1 (AMD).]
The Reserve Fund for State House Preservation and Maintenance, established under Title 3, section 162, subsection 12‑A, must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill.   [PL 1997, c. 24, Pt. FF, §3 (NEW).]
The Centers for Innovation program, established under section 13141, must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill.   [RR 2001, c. 1, §8 (COR).]
The Maine Humanities Council must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill.   [PL 1999, c. 706, §2 (NEW).]
The Office of Program Evaluation and Government Accountability, established under Title 3, section 991, must be a separate appropriation not included under any other department or agency in the General Fund appropriation bill.   [PL 2001, c. 702, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 780, §EEE1 (AMD). PL 1997, c. 24, §FF3 (AMD). PL 1999, c. 420, §1 (AMD). PL 1999, c. 706, §2 (AMD). RR 2001, c. 1, §8 (COR). PL 2001, c. 702, §3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1583. Exceeding appropriations prohibited

§1583. Exceeding appropriations prohibited
No agent or officer of the State or any department or agency thereof, whose duty it is to expend money under an appropriation by the Legislature, shall contract any obligation on behalf of the State in excess of the appropriation. Whoever exceeds in his expenditure said appropriation shall not have any claim for reimbursement.
Any person who knowingly violates this section shall be guilty of a Class E crime. All prosecutions under this section shall be by indictment and the fines inure to the State.   [PL 1977, c. 696, §42 (RPR).]
SECTION HISTORY
PL 1977, c. 696, §42 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1583-A. Creation of positions

§1583-A. Creation of positions
Notwithstanding any other provision of law, limited-period, project or other temporary positions may be established by financial order for a period not to exceed 2 years. Temporary positions established by financial order may not be continued for more than 2 years unless the Legislature specifically appropriates or allocates funds to continue those positions.   [PL 2005, c. 519, Pt. E, §1 (AMD).]
1.  Prohibition.
[PL 1993, c. 70, §1 (RP).]
2.  Workers' compensation positions.
Limited-period positions may be established for former regular employees of the State who are presently receiving workers' compensation payments from the State when that action enables those employees to return to productive employment with the State. These positions may be established, if funds are available, only until those employees can be returned to regular positions. Notwithstanding any other restrictions on funds appropriated or allocated, the State Budget Officer may, after determining that funds are available, either approve the use of these funds or recommend appropriate action to the Governor when the Governor's approval is required. Available funds may include amounts appropriated or allocated for Personal Services, including funds in any salary account or special account for state employee salary increases, All Other, Capital Expenditures and unallocated.
[PL 2005, c. 12, Pt. T, §2 (NEW).]
3.  Number of necessary employees.
The Governor and the State Budget Officer when preparing the budget proposals for the Legislature may at their discretion make the necessary adjustments to reflect the number of limited-period positions that, in their opinion, are necessary to the proper operation of each department, institution or agency.
[PL 2005, c. 12, Pt. T, §2 (NEW).]
4.  Federally funded programs.
If federal funds are not available as anticipated for programs, there is no obligation to provide state funds in excess of those appropriated or allocated by the Legislature. Positions entirely or partially funded by federal or nonstate sources of funds are considered limited-period positions.
[PL 2005, c. 12, Pt. T, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 780, §OO1 (NEW). PL 1993, c. 6, §N1 (AMD). PL 1993, c. 70, §1 (RPR). PL 1993, c. 241, §H1 (AMD). PL 1993, c. 414, §F1 (AMD). PL 1993, c. 707, §G4 (AMD). PL 1993, c. 707, §G5 (AFF). PL 1997, c. 643, §Y1 (AMD). PL 1999, c. 127, §A5 (AMD). PL 1999, c. 401, §J1 (AMD). PL 2005, c. 12, §T2 (AMD). PL 2005, c. 519, §E1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1583-B. Personal services policy

§1583-B. Personal services policy
1.  Personal services policy and review.
The Department of Administrative and Financial Services, Bureau of the Budget shall continually review with all state departments the status of their staffing levels and patterns for the purpose of determining whether funds and positions are being utilized and managed in the most economical and efficient manner to accomplish the intent of the Legislature. Permanent positions for which funds are appropriated or allocated must be classified positions unless specifically designated otherwise by the Legislature. It is the responsibility of the State Human Resources Officer within the Department of Administrative and Financial Services to ensure that classified and unclassified positions are assigned to the proper pay grade and of the State Budget Officer to ensure that the positions are within authorized headcount and funds.
[PL 2005, c. 12, Pt. T, §3 (NEW); PL 2023, c. 412, Pt. D, §3 (REV).]
2.  Personal services flexibility.
Any classification or reclassification of a position and any allocation or reallocation of a position within the compensation plan made by the State Human Resources Officer within the Department of Administrative and Financial Services pursuant to the Civil Service Law and applicable rules becomes effective on the first day of the fiscal year following approval by the State Budget Officer and the appropriation or allocation of funds therefore, except that the State Budget Officer may, if the officer determines that sufficient funds exist, authorize an effective date prior to the first day of the ensuing fiscal year.
[PL 2005, c. 12, Pt. T, §3 (NEW); PL 2023, c. 412, Pt. D, §3 (REV).]
SECTION HISTORY
PL 2005, c. 12, §T3 (NEW). PL 2023, c. 412, Pt. D, §3 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1583-C. Seasonal or temporary employees

§1583-C. Seasonal or temporary employees
All appointing authorities in State Government shall inform all employees who are hired for or appointed to seasonal, temporary or time-limited positions of the approximate date of termination of employment at the time of hire or appointment.   [PL 2005, c. 12, Pt. T, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 12, §T3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1584. Construction and improvement appropriations carried over

§1584. Construction and improvement appropriations carried over
All appropriations by the Legislature for the construction of buildings, structures, highways and bridges shall constitute continuous carrying accounts for the purposes designated by the Legislature in such appropriations. The State Controller is authorized to carry forward all such appropriations to the succeeding fiscal year, provided the construction shall have been begun by the letting of a contract or contracts or by actually starting the work during the year for which the appropriations were made. Any balance remaining after the completion of the object of the appropriations shall revert to the General Fund in the State Treasury or to the fund from which it was apportioned under existing provisions of law.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1585. Transfer of unexpended appropriations

§1585. Transfer of unexpended appropriations
1.  Transfer procedures.
Any balance of any appropriation or subdivision of an appropriation made by the Legislature for any state department or agency, which at any time may not be required for the purpose named in such appropriations or subdivision, may be transferred at any time prior to the closing of the books to any other appropriation or subdivision of an appropriation made by the Legislature for the use of the same department or agency for the same fiscal year subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Financial orders describing such transfers must be submitted by the Bureau of the Budget to the Office of Fiscal and Program Review 30 days before the transfer is to be implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the committee. Positions, or funding for those positions, that are currently funded with federal or other funds may not be transferred by financial order to the General Fund. Financial orders proposing to transfer 4th or 3rd quarter allotments to the 3rd, 2nd or 1st quarters that result from trends that will cause financial commitments to exceed current appropriations or allocations are subject to the provisions of this section. The Department of Health and Human Services is authorized to transfer funds within the TANF program account to the ASPIRE-TANF program account as often as necessary in order to support and assist participants in obtaining or retaining employment during the fiscal year. In making a transfer of TANF program funds to the ASPIRE-TANF program account, the department does not need to submit a financial order to the committee in advance of the transfer. For purposes of this subsection, "TANF" and "ASPIRE-TANF program" have the same meaning as in Title 22, section 3762, subsection 1, paragraph E and Title 22, section 3781‑A, subsection 1, respectively.
[PL 2009, c. 291, §1 (AMD).]
2.  Governor.
[PL 1981, c. 702, Pt. T (RP).]
3.  Governor and Legislature.
[PL 1981, c. 702, Pt. T (RP).]
4.  Reorganization of departments.
A state department or agency may not transfer Positions or Personal Services, All Other or Capital Expenditures funding between accounts when the expenditures will allow an action to take place that will cause an increased appropriation or allocation request in the baseline budget for any program.
[PL 2017, c. 288, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §72 (AMD). PL 1977, c. 8 (AMD). PL 1977, c. 576, §1 (RPR). PL 1977, c. 696, §43 (RPR). PL 1981, c. 294 (AMD). PL 1981, c. 702, §T (RPR). PL 1983, c. 477, Pt. E, Subpt. 11 (AMD). PL 1985, c. 737, §B7 (AMD). PL 1991, c. 9, §E6 (AMD). PL 1999, c. 731, §BB1 (AMD). PL 2005, c. 12, §T4 (AMD). PL 2009, c. 291, §1 (AMD). PL 2017, c. 288, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1586. Transfer of funds generally

§1586. Transfer of funds generally
Whenever the Governor shall find that the State or any of its departments, divisions or bureaus is incurring expense and using funds of the State in connection with the carrying on of the work of any board or commission which collects fees from the persons so supervised and licensed, including salaries, travel and the expense of office equipment and supplies, they are authorized and empowered to transfer from any funds now or hereafter held by any such board or commission, such sums of money as shall reimburse the State or any department or bureau thereof for such expense so incurred, including a reasonable charge for office space, light and heat. Such sums so transferred shall be added to and become a part of the funds of the department, bureau or division incurring such expense.   [PL 1975, c. 771, §73 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §73 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1587. Lease-purchase agreements

§1587. Lease-purchase agreements
Notwithstanding any other provision of law, no agent or officer of the State or any department or agency thereof may enter into a lease-purchase or other similar agreement whereby the State would become the ultimate owner of buildings or equipment, if the outright purchase price of such capital items is more than $2,000, or $40,000 for telecommunications related equipment, without specific prior approval of the Legislature through the usual budget procedure. That request for approval shall be submitted as a separate line item. All agreements relating to telecommunications equipment that are $40,000 or less shall be subject to review by a subcommittee of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. All lease-purchase agreements submitted for review or approval shall include the total amount of interest charged.   [PL 1989, c. 237, §1 (AMD).]
Upon execution of any lease-purchase agreements that exceed the amounts listed above, all departments and agencies shall provide information to the Treasurer of State pertaining to the actual amount of the lease-purchase, including the term and the interest cost of the lease-purchase agreement.   [PL 1989, c. 923, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 702, §Q (NEW). PL 1983, c. 32, §F (AMD). PL 1985, c. 826, §1 (AMD). PL 1989, c. 237, §1 (AMD). PL 1989, c. 923, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 145: APPROPRIATIONS › 5 §1590. Nonlapsing funds (REPEALED)

§1590. Nonlapsing funds
(REPEALED)
SECTION HISTORY
PL 1999, c. 401, §E2 (NEW). PL 2005, c. 12, §GGGG1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 147: AUDITING › 5 §1621. Authorization of audit

§1621. Authorization of audit
Whenever it seems advisable to the Governor, the Governor may cause the books and accounts of the State or any department or agency thereof to be audited and for that purpose may employ auditors other than those employed by the Office of the State Auditor.   [PL 1993, c. 410, Pt. C, §2 (AMD); PL 2013, c. 16, §10 (REV).]
SECTION HISTORY
PL 1975, c. 771, §74 (AMD). PL 1993, c. 410, Pt. C, §2 (AMD). PL 2013, c. 16, §10 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1631. Short title (REPEALED)

§1631. Short title
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1632. Declaration (REPEALED)

§1632. Declaration
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1633. Definitions (REPEALED)

§1633. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1634. Accounting practices (REPEALED)

§1634. Accounting practices
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1635. Implementation and rules (REPEALED)

§1635. Implementation and rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148: HUMAN SERVICE COMMUNITY AGENCY ACCOUNTING PRACTICES ACT (REPEALED) › 5 §1636. Applicability of chapter (REPEALED)

§1636. Applicability of chapter
(REPEALED)
SECTION HISTORY
PL 1977, c. 541 (NEW). PL 1983, c. 716, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-A: SOCIAL SERVICES PLANNING AND EXPENDITURES › 5 §1641. Legislative findings and intent

§1641. Legislative findings and intent
The Legislature finds that the many social service needs of the citizens of this State are varied and often complex. State Government agencies have been organized to provide the most efficient delivery system possible to meet these social service needs. The Legislature recognizes that any governmental structure requires a coordinated and cooperative effort on the part of the various state agencies to ensure that the social services programs of the State adequately meet the social services needs of the citizens and to avoid needless duplication of effort on the part of these agencies.   [PL 1985, c. 96 (RPR).]
The Legislature further finds that, because of the complexity of the social service needs of the citizens and the multiplicity of funding sources available to meet those needs, it is difficult to gain a complete understanding of the overall scope of the social service system and of the specific programs within that system. Without this understanding, the legislative and executive branches of government are hindered in their efforts to provide a coordinated social services program.   [PL 1985, c. 96 (NEW).]
It is the intent of this chapter to make available the necessary factual and fiscal information that will assist the Governor, the executive agencies, the Legislature, the recipients of social services, the providers of social services and the general public in reviewing and evaluating the overall scope of the social services system in this State and in participating on an informed basis in developing public policy concerning the social services needs of our citizens.   [PL 1985, c. 96 (NEW).]
SECTION HISTORY
PL 1983, c. 495 (NEW). PL 1985, c. 96 (RPR).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-A: SOCIAL SERVICES PLANNING AND EXPENDITURES › 5 §1642. Definitions

§1642. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 96 (RPR).]
1.  Department.
"Department" means the Department of Health and Human Services.
[RR 2003, c. 2, §3 (COR).]
2.  Division.
"Division" means the Executive Department, Division of Community Services.
[PL 1985, c. 96 (RPR).]
3.  Income supplementation programs.
"Income supplementation programs" means programs designed to supplement the income of a person or family and includes Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, food distribution, general assistance, supplemental security income or any other income related program utilizing state-administered funds.
[PL 2023, c. 405, Pt. C, §1 (AMD).]
4.  Related health and medical services.
"Related health and medical services" means all health or medical services utilizing state-administered funds, including Medicaid and health block grants.
[PL 1985, c. 96 (RPR).]
5.  Report.
"Report" means the State's social services report.
[PL 1985, c. 96 (RPR).]
6.  Social service.
"Social service" means any children's, youth, adult or elderly service and substance use disorder, community action, developmental disability, home-heating assistance, juvenile, mental health, intellectual disability, older Americans, poverty, rehabilitation, transportation, weatherization or other social service that may be defined in the future and that is operated by the departments or the division utilizing state-administered funds, including related health and medical services and income supplementation programs.
[PL 2017, c. 407, Pt. A, §6 (AMD).]
7.  State - administered funds.
"State - administered funds" means all General Fund money, dedicated funds, federal funds, fees, grants, 3rd-party reimbursements, vendor payments or other funds or revenues available for expenditure by the departments or the division in support of the provision of a social service.
[PL 1985, c. 96 (NEW).]
SECTION HISTORY
PL 1983, c. 495 (NEW). PL 1985, c. 96 (RPR). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1997, c. 530, §A34 (AMD). PL 2001, c. 354, §3 (AMD). RR 2003, c. 2, §3 (COR). PL 2011, c. 542, Pt. A, §2 (AMD). PL 2017, c. 407, Pt. A, §6 (AMD). PL 2023, c. 405, Pt. C, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-B: MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES ACT FOR COMMUNITY AGENCIES (REPEALED) › 5 §1651. Short title (REPEALED)

§1651. Short title
(REPEALED)
SECTION HISTORY
PL 1983, c. 716, §2 (NEW). PL 1995, c. 402, §C1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-B: MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES ACT FOR COMMUNITY AGENCIES (REPEALED) › 5 §1652. Declaration of problem (REPEALED)

§1652. Declaration of problem
(REPEALED)
SECTION HISTORY
PL 1983, c. 716, §2 (NEW). PL 1995, c. 402, §C1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-B: MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES ACT FOR COMMUNITY AGENCIES (REPEALED) › 5 §1653. Definitions (REPEALED)

§1653. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 716, §2 (NEW). PL 1985, c. 785, §A55 (AMD). PL 1985, c. 792, §§1,2 (AMD). PL 1989, c. 700, §A16 (AMD). RR 1991, c. 2, §8 (COR). PL 1991, c. 611, §1 (AMD). PL 1991, c. 780, §Y45 (AMD). PL 1995, c. 402, §C1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 148-B: MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES ACT FOR COMMUNITY AGENCIES (REPEALED) › 5 §1654. Maine Accounting and Auditing Practices Act (REPEALED)

§1654. Maine Accounting and Auditing Practices Act
(REPEALED)
SECTION HISTORY
PL 1983, c. 716, §2 (NEW). PL 1985, c. 792, §§3-6 (AMD). RR 1991, c. 1, §3 (COR). PL 1995, c. 402, §C1 (RP).