reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-A. Declaration of purpose

§8-A. Declaration of purpose
For the benefit of the people of the State, it is essential that certain activities of the State Government be constantly reviewed in order to provide essential state services more efficiently and economically. To aid in accomplishing this purpose and due to improved travel conditions and communications, housing for state employees at state institutions and other areas of State Government and commissaries operated by state departments for the sale of food and food supplies to state employees shall be controlled as set forth in sections 8‑B and 8‑C respectively.   [PL 1971, c. 588 (NEW).]
SECTION HISTORY
PL 1971, c. 588 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-B. Housing

§8-B. Housing
It is the intent of the Legislature to discourage the construction, reconstruction and equipping of new housing facilities for state employees at state institutions and all other areas of State Government and to cause the termination of existing provision of housing facilities to state employees whenever other housing facilities are reasonably available to such employees and their residence elsewhere will not substantially impair the effective management and operation of the state department or institution by which such persons are employed. The housing facilities of each state department shall be reviewed periodically by the state department involved, and the provision of any such housing facilities shall be terminated whenever the above stated criteria are met. Except as otherwise provided, in each instance of the provision of housing facilities by the State, a rental charge shall be made to cover the total operating cost of any such facility. These costs shall include, but not be limited to, rates charged to the State, in operating such facility, for water, electricity, heat, telephone and furnishings and any other maintenance costs. Such costs shall not include charges for telephones used primarily for state business. In determining the feasibility of any such facility, the department shall consider the availability of living facilities for its employees, particularly in the unorganized territory and rural areas of the State. Any facility used on a seasonal basis shall be partially exempt from rental charges, at the discretion of the department. No charge shall be made for the provision of housing facilities when the state employee involved is required as a condition of his employment to reside in such housing facilities and when the state employee involved receives a salary less than the salary received by an employee at pay range 23, merit service step E of the compensation plan for classified employees.   [PL 1977, c. 78, §3-A (AMD).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1973, c. 603, §§1,2 (AMD). PL 1977, c. 78, §§3-A (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-C. Food and food supplies

§8-C. Food and food supplies
All commissary-type facilities operated by state departments for the sale of food and food supplies to any person must be eliminated. Purchasing of food and food supplies for any person by requisition or otherwise is prohibited, except that the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency and the Department of Inland Fisheries and Wildlife and the Department of Agriculture, Conservation and Forestry, Bureau of Forestry may requisition food supplies for emergency use or special duty assignments. Meals purchased and prepared for institutional or school use may be sold to employees or to visitors based on the actual total cost of purchasing, preparing and serving such food or food supplies. In the case of institutions and schools operated by the Department of Health and Human Services, income derived from the sale of meals accrues to the General Fund. With the approval of the Commissioner of Health and Human Services and the head of the institution involved, no charge may be made for the provision of meals to any state employee who eats such meals within the scope of employment and in doing so serves a function of that employment. If such approval is given, the Commissioner of Health and Human Services shall establish standards that must be applied uniformly at all institutions within the department.   [PL 2021, c. 431, §1 (AMD).]
No charge shall be made for the provision of meals to any state employee who eats such meals within the scope of his employment and in so doing serves a function of his employment.   [PL 1973, c. 603, §3 (NEW).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1973, c. 460, §18 (AMD). PL 1973, c. 603, §3 (AMD). PL 1975, c. 497, §3 (AMD). PL 1975, c. 777, §4 (AMD). PL 1977, c. 190 (AMD). RR 1995, c. 2, §1 (COR). PL 1995, c. 560, Pt. K, §82 (AMD). PL 1995, c. 560, Pt. K, §83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, Pt. B, §§6, 7 (REV). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV). PL 2021, c. 431, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-D. Income

§8-D. Income
Any income derived from the operation of housing or food facilities, or both, under sections 8‑B and 8‑C, shall accrue to whatever fund pays for such facilities, unless otherwise provided for by statute; if it is a General Fund account, the income shall accrue to General Fund; if it is a special revenue account, the income shall accrue to that account.   [PL 1975, c. 777, §5 (AMD).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1975, c. 777, §5 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-E. Domestic service

§8-E. Domestic service
No employee of the State of Maine shall be assigned to perform routine housekeeping, food preparation or other chores for employees assigned to and living in housing facilities owned by the State of Maine. This is not intended, however, to prevent bona fide domestic training programs wherein various patients and others in state institutions of Maine are trained for increased employment opportunities.   [PL 1971, c. 588 (NEW).]
SECTION HISTORY
PL 1971, c. 588 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-F. Rules and regulations; review

§8-F. Rules and regulations; review
Each department shall establish and promulgate, subject to the approval of the State Budget Officer, rules and regulations to carry out the purposes of sections 8‑B to 8‑C. Such rules and regulations shall be transmitted to the Legislative Council for its review biennially.   [PL 1979, c. 541, Pt. A, §16 (AMD).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1973, c. 625, §15 (AMD). PL 1973, c. 788, §11 (AMD). PL 1979, c. 541, §A16 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-G. Exemption

§8-G. Exemption
Sections 8‑A to 8‑H shall not apply to the Baxter State Park Authority.   [PL 1979, c. 541, Pt. A, §17 (AMD).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1979, c. 541, §A17 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-H. Civil violation

§8-H. Civil violation
Any violation of sections 8‑A to 8‑F is a civil violation for which a forfeiture not to exceed $1,000 may be adjudged and any person violating any of those sections shall be dismissed from state service.   [PL 1977, c. 696, §30 (RPR).]
SECTION HISTORY
PL 1971, c. 588 (NEW). PL 1977, c. 696, §30 (RPR).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §8-I. Fees and receipts

§8-I. Fees and receipts
All fees, charges, emoluments and other receipts of whatever nature, which may be payable to any state official or employee, excepting their lawful salaries and expenses properly payable to them, shall be credited to the General Fund or special revenue accounts as appropriate and no state official or employee shall directly or indirectly receive a private benefit or gain from the sale or distribution of any material, information or reports from state records. This section shall not apply to the sale of transcripts to the public by hearings reporters and official court reporters.   [PL 1973, c. 427 (NEW).]
This section does not apply to the compensation of state employees appointed to boards and commissions in this State. State employees and other members of state boards and commissions shall be governed by chapter 379.   [PL 1985, c. 295, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 427 (NEW). PL 1985, c. 295, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §9. Bonds; premiums; notice of cancellation (REPEALED)

§9. Bonds; premiums; notice of cancellation
(REPEALED)
SECTION HISTORY
PL 1969, c. 504, §§3-C (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §10. Payment of wages

§10. Payment of wages
All state officers and employees, except temporary and seasonal employees, shall be paid their salaries or wages biweekly, the dates of payment to be determined by the State Controller. Any state officer, whose salary is established at an annual rate, shall receive biweekly a sum which will, in the year's aggregate, most nearly equal the annual rate. Payment may be made once in each calendar month to such state officers and employees as consent to such time of payment. Temporary and seasonal employees of the State shall be paid at such times as the State Controller shall specify.   [PL 1981, c. 470, Pt. A, §6 (AMD).]
SECTION HISTORY
P&SL 1975, c. 147, §C6 (AMD). PL 1981, c. 470, §A6 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §11. Certification of payrolls

§11. Certification of payrolls
A fiscal officer of the State may not draw, sign or issue, or authorize the drawing, signing or issuing, of any warrant or check upon the Treasurer of State or other disbursing officer of the State for the payment of a salary or other compensation for personal services, nor may the Treasurer of State or other disbursing officer of the State pay any salary or other compensation for personal services in the Executive or Legislative Departments, unless a payroll or account for such salary or other compensation, containing the names of all persons to be paid and the amounts to be paid them, has been certified by the State Controller or a person designated by the State Controller. In the case of all unclassified employees, certification must be by their appointing authority.   [PL 2009, c. 213, Pt. BBB, §1 (AMD).]
Any payment made in violation of the compensation plan or the rules pertaining thereto or made to a person appointed or established in a position in a manner contrary to chapters 56‑A, 65, 67, 71 and 372 may be recovered from the appointing authority or the State Controller, whoever is culpable, or from the sureties on the official bond of such officer or person. Action for recovery may be maintained by the State Civil Service Appeals Board or any member thereof, any officer or employee of the state service or any citizen of the State. All money recovered under this section must be paid into the State Treasury and credited to the General Fund.   [PL 2009, c. 213, Pt. BBB, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 375 (AMD). PL 1975, c. 766, §4 (AMD). PL 1979, c. 127, §17 (AMD). PL 1979, c. 138 (AMD). PL 1979, c. 541, §A18 (AMD). PL 1985, c. 785, §B7 (AMD). PL 1991, c. 824, §A3 (AMD). RR 2001, c. 2, §A3 (COR). PL 2009, c. 213, Pt. BBB, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §12. Longevity pay for certain department officers (REPEALED)

§12. Longevity pay for certain department officers
(REPEALED)
SECTION HISTORY
PL 1965, c. 483 (NEW). PL 1979, c. 127, §18 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §13. Travel expenses of members of boards and commissions

§13. Travel expenses of members of boards and commissions
Notwithstanding any other provision of law or regulation, members of any board or commission who are authorized by law to receive travel expenses shall receive necessary expenses for travel only from their place of residence within the State to and from meetings of such board or commission and for any other travel only from their place of residence within the State to and from another location in connection with the official business of and under the specific authority of such board or commission.   [PL 1975, c. 290 (NEW).]
Revisor's Note: §13. Payroll deduction for Maine Warden Service Relief Association (As enacted by PL 1975, c. 623, §3-1 was repealed by PL 1975, c. 771, §15)
SECTION HISTORY
PL 1975, c. 290 (NEW). PL 1975, c. 623, §3-I (NEW). PL 1975, c. 770, §15 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §14. Participation in nonpartisan affairs (REPEALED)

§14. Participation in nonpartisan affairs
(REPEALED)
SECTION HISTORY
PL 1975, c. 597 (NEW). PL 1997, c. 498, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §15. Disqualification of former state employees and the former partners of present state employees from participation in certain matters (REPEALED)

§15. Disqualification of former state employees and the former partners of present state employees from participation in certain matters
(REPEALED)
SECTION HISTORY
PL 1975, c. 539 (NEW). PL 1975, c. 770, §§16-18 (AMD). PL 1977, c. 696, §§31,32 (AMD). PL 1979, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §16. Vacation and sick leave accumulation

§16. Vacation and sick leave accumulation
1.  Vacation time.
Classified and unclassified state employees shall be permitted to accumulate at least the vacation time listed under the following schedule:
Longevity of employee
Rate of accumulation
0-5 years
1 day per month of employment
6-10 years
1 1/4 days per month of employment
11-15 years
1 1/2 days per month of employment
16-20 years
1 3/4 days per month of employment
20 years or more
2 days per month of employment
Classified and unclassified employees accumulating vacation time under this subsection shall be permitted to accumulate at least the number of vacation days set out under the following schedule:
Longevity of employee
Number of Accumulated Days Permitted at Any One Time
1-14 years
24 days
15 years or more
30 days
[P&SL 1975, c. 147, §E (NEW).]
1-A.  Advancement of vacation time.
A state employee who has vacation time credited in advance and who uses some or all of that advanced vacation time and subsequently leaves state service is responsible for reimbursing the State for the dollar value at that state employee's current wage for all advanced but unearned vacation time. A state employee who leaves state service may be paid only for vacation time earned and may not be paid for vacation time credited in advance.
[PL 1991, c. 9, Pt. E, §3 (NEW); PL 1991, c. 9, Pt. E, §4 (AFF).]
2.  Sick leave.
Classified and unclassified employees shall earn at least one day of sick leave per month of employment and shall be permitted to accumulate days of sick leave up to at least 90 days at any one time.
[P&SL 1975, c. 147, §E (NEW).]
3.  Regulations.
The State Human Resources Officer shall, acting under section 631, prescribe or amend rules and regulations to assure that state personnel policy conforms to the minimums set out in this section. The minimum limits contained in this section shall not be construed to be maximum limits, and the State Human Resources Officer may prescribe or amend rules permitting accumulation of vacation leave and sick leave beyond the limits set forth here for limited categories of state employees for state employees in special situations, or for all classified or unclassified state employees.
[PL 1985, c. 785, Pt. B, §8 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]
Revisor's Note: §16. Payroll deduction for Maine Warden Service Relief Association (As enacted by PL 1975, c. 770, §19 was REPEALED PL 1977, c. 78, §5)
SECTION HISTORY
P&SL 1975, c. 147, §E (NEW). PL 1975, c. 770, §19 (NEW). PL 1977, c. 78, §5 (RP). PL 1981, c. 28, §1 (AMD). PL 1985, c. 785, §B8 (AMD). PL 1991, c. 9, §E3 (AMD). PL 1991, c. 9, §E4 (AFF). PL 2023, c. 412, Pt. D, §3 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §17. Payroll deduction for Maine Warden Service Relief Association

§17. Payroll deduction for Maine Warden Service Relief Association
The Commissioner of Administrative and Financial Services is authorized to permit payroll deductions from the salaries of state employees for membership dues for the Maine Warden Service Relief Association and to transmit the funds so collected to the Maine Warden Service Relief Association under the appropriate departmental rules concerning payroll deductions.   [PL 1991, c. 780, Pt. Y, §7 (AMD).]
SECTION HISTORY
PL 1977, c. 78, §6 (NEW). PL 1985, c. 785, §A5 (AMD). PL 1991, c. 780, §Y7 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §18-A. Conflict of interest; contract with the State

§18-A. Conflict of interest; contract with the State
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "State entity" means any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State.   [PL 2001, c. 203, §2 (NEW).]
B. "Executive employee" has the same meaning as set forth in section 19, subsection 1, paragraph D except that "executive employee" includes employees of and members serving with the National Guard and employees of the University of Maine System, the Maine Maritime Academy and the state community colleges.   [PL 2001, c. 203, §2 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
[PL 2001, c. 203, §2 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
2.  Prohibition.
An executive employee may not have any direct or indirect pecuniary interest in or receive or be eligible to receive, directly or indirectly, any benefit that may arise from any contract made on behalf of the State when the state entity that employs the executive employee is a party to the contract.
[PL 2001, c. 203, §2 (NEW).]
3.  Violative contract void.
Any contract made in violation of this section is void.
[PL 2001, c. 203, §2 (NEW).]
4.  Exemptions.
This section does not apply:
A. To purchases by the Governor under authority of Title 1, section 814;   [PL 2001, c. 203, §2 (NEW).]
B. To contracts made with a corporation that has issued shares to the public for the general benefit of that corporation;   [PL 2021, c. 332, §2 (AMD).]
C. If an exemption is approved by the Director of the Bureau of General Services within the Department of Administrative and Financial Services or the director's designee based upon one of the following and if the director gives notice of the granting of this exemption to all parties bidding on the contract in question with a statement of the reason for the exemption and if an opportunity is provided for any party to appeal the granting of the exemption:
(1) When the private entity or party that proposes to contract with the State and that employs the executive employee, based upon all relevant facts, is the only reasonably available source to provide the service or product to the State, as determined by the director; or
(2) When the director determines that the amount of compensation to be paid to the private entity or party providing the service or product to the State is de minimis; or   [PL 2021, c. 332, §2 (AMD).]
D. To a contract by an employee organization to provide agency services under section 1816‑B.   [PL 2021, c. 332, §2 (NEW).]
[PL 2021, c. 332, §2 (AMD).]
SECTION HISTORY
PL 2001, c. 203, §2 (NEW). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2021, c. 332, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §19-A. Protective equipment training for state employees

§19-A. Protective equipment training for state employees
If protective equipment, such as that issued to fire fighters in Title 26, section 2103, is issued or made available to any state employee, that employee must receive training in the use of the equipment before being required or asked to use it. Training must be provided on at least an annual basis and otherwise meet or exceed the requirements of the General Industry Standards of the Occupational Safety and Health Administration, 29 Code of Federal Regulations, Part 1910, Subpart L.   [RR 1991, c. 2, §5 (COR).]
SECTION HISTORY
PL 1989, c. 606 (NEW). RR 1991, c. 2, §5 (COR).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 1: GENERAL PROVISIONS › 5 §19-B. State employee participation in disaster relief

§19-B. State employee participation in disaster relief
In order to participate in specialized disaster relief services for the American Red Cross, a state employee who is a certified disaster service volunteer of the American Red Cross, upon the request of the American Red Cross and with the approval of the employee's appointing authority, may:   [PL 1997, c. 600, §1 (NEW).]
1.  Paid leave.
Be granted a leave not to exceed 15 days in each year without loss of pay, vacation time, sick leave or earned overtime accumulation;
[PL 1997, c. 600, §1 (NEW).]
2.  Use of compensated time off.
Be granted a leave using that employee's compensated time off, with the consent of the employee; or
[PL 1997, c. 600, §1 (NEW).]
3.  Combination.
Be granted a leave using a combination of paid leave and compensated time off authorized in subsections 1 and 2.
[PL 1997, c. 600, §1 (NEW).]
This section applies only to relief services related to a disaster declared by the governor of a state or territory or by the President of the United States.   [PL 1997, c. 600, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 600, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 2: STATE EMPLOYEES AND STATE PROPERTY › 5 §20. Definitions

§20. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 737, Pt. A, §15 (NEW).]
1.  Employee of this State.
"Employee of this State" means an employee in the classified or unclassified service as defined in chapters 71 and 372.
[PL 1991, c. 824, Pt. B, §2 (AMD).]
2.  State property.
"State property" means personal property, including, but not limited to, furnishings, supplies and equipment that is owned or leased by or in the control of the State or any department or agency of the State or independent state agency. "State property" includes property purchased with funds, such as fees for conferences and seminars conducted by a state agency, received by or on behalf of the State or any department or agency outside of the normal system of accounts and controls.
[PL 1995, c. 280, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 737, §A15 (NEW). PL 1991, c. 824, §B2 (AMD). PL 1995, c. 280, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY › Subchapter 2: STATE EMPLOYEES AND STATE PROPERTY › 5 §20-A. Use and acquisition of state property

§20-A. Use and acquisition of state property
1.  Use of state property.
An employee of the State may not take state property off the premises of the State for personal use or for the use of others without prior written approval of the head of the department for which that employee works.
[PL 1995, c. 280, §2 (NEW).]
2.  Acquisition of state property.
Within 3 months of leaving office or employment with the State, an employee of the State, in accordance with rules adopted by the Commissioner of Administrative and Financial Services and this chapter, may purchase at fair market value state property that was assigned to the employee or state property of which the employee was the principal user at the time of that employee's employment. The commissioner, by rule, shall determine state property that may be offered for sale under this chapter. State property may not be offered for sale under this chapter until the commissioner determines that the property is eligible for sale and that no state agency has any need or use for the property. This section may not be interpreted to prohibit an employee of the State or any other person from purchasing state property at fair market value in accordance with this chapter as a gift to an employee of this State upon that employee's retiring or leaving office.
[PL 1995, c. 280, §2 (NEW).]
3.  Return of state property.
If an employee or former employee of the State is in possession of state property in violation of subsection 1, the State may bring an action for injunctive relief seeking the return of the state property. The action may be brought in Superior Court in the county where the alleged violation occurred, Kennebec County or the county where the person against whom the civil complaint is filed resides. If a violation of subsection 1 is established, the court may enjoin the violation and order the return of the state property.
[PL 1995, c. 280, §2 (NEW).]
4.  TikTok ban.
A computer or other electronic device owned or controlled by any branch of State Government may not be used to access, contain or download the video hosting service known as TikTok, except as necessary for life, health, safety or investigative purposes in accordance with a policy adopted by a state agency. For purposes of this section, "electronic device" has the same meaning as in Title 16, section 647, subsection 3.
[PL 2023, c. 385, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 737, §A15 (NEW). PL 1991, c. 780, §Y8 (AMD). PL 1995, c. 280, §2 (RPR). PL 2023, c. 385, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §21. Definitions

§21. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 167 (NEW).]
1.  Legislative committee.
"Legislative committee" means a joint standing committee of the Legislature, a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business.
[PL 1985, c. 167 (NEW).]
2.  Nonpartisan staff.
"Nonpartisan staff" means the directors and staffs of the Office of Policy and Legal Analysis, the Office of Fiscal and Program Review, the Office of the Revisor of Statutes, the Legislative Information Office, the Law and Legislative Reference Library, the Office of Program Evaluation and Government Accountability, the Office of Legislative Information Technology and the Office of the Executive Director of the Legislative Council.
[PL 2015, c. 102, §7 (AMD).]
3.  Own time.
"Own time" means an employee's personal time or authorized leave time, earned as a condition of employment.
[PL 1985, c. 167 (NEW).]
4.  State employee.
"State employee" means any employee of an agency, independent agency or parts of agencies which receive support from the General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature.
[PL 1989, c. 483, Pt. A, §5 (AMD).]
5.  Supervisor.
"Supervisor" means a commissioner, bureau chief, director, manager or any other person who oversees or supervises state employees in their employment.
[PL 1985, c. 167 (NEW).]
6.  Legislative inquiry.
"Legislative inquiry" means any request made by a legislative committee or individual Legislator to a state employee for public information or the state employee's personal opinion.
[PL 1989, c. 483, Pt. A, §6 (NEW); PL 1989, c. 878, Pt. A, §8 (AMD).]
SECTION HISTORY
PL 1985, c. 167 (NEW). PL 1985, c. 737, §B5 (AMD). PL 1989, c. 483, §§A5,A6 (AMD). PL 1989, c. 878, §A8 (AMD). PL 2015, c. 102, §7 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §22. Right to provide testimony

§22. Right to provide testimony
State employees have the right to represent themselves and testify before a legislative committee on their own time. State employees have the right to respond to any legislative inquiry. A state employee who complies with this chapter shall not be denied the right to testify before a legislative committee.   [PL 1989, c. 483, Pt. A, §7 (AMD).]
SECTION HISTORY
PL 1985, c. 167 (NEW). PL 1989, c. 483, §A7 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees

§23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees
A supervisor shall not discharge, threaten or otherwise discriminate against a state employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee, in compliance with this chapter, testified before or provides information to a legislative committee.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §24. Presentation of testimony and information

§24. Presentation of testimony and information
1.  Type of information.
This chapter protects any state employee who, in compliance with this chapter, presents testimony or information relating to departments or agencies of State Government and which testimony or information pertains to:
A. Successes, failures or problems of current programs;   [PL 1985, c. 167 (NEW).]
B. Advantages, disadvantages or other relevant information about proposed programs; and   [PL 1985, c. 167 (NEW).]
C. The means of improving existing programs and alternatives to existing programs.   [PL 1985, c. 167 (NEW).]
[PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §25. Exclusion of testimony and information from protection

§25. Exclusion of testimony and information from protection
1.  Liability of state employees.
This chapter does not authorize the presentation to a legislative committee or protect any state employee who presents to a legislative committee the following:
A. Slander; and   [PL 1985, c. 167 (NEW).]
B. Libel.   [PL 1985, c. 167 (NEW).]
[PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §26. Nonpartisan legislative staff

§26. Nonpartisan legislative staff
Nonpartisan staff of the Legislature shall be subject to the policies and rules of the Legislative Council as these policies and rules relate to testifying or providing information to legislative committees.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §27. Representatives of agencies and departments

§27. Representatives of agencies and departments
1.  Department testimony and information.
Nothing in this chapter may be construed to prohibit a state employee from testifying before or present information to a legislative committee as a representative of a department or agency of State Government and who has been authorized by the commissioner or director of that department or agency to act in this capacity.
[PL 1985, c. 167 (NEW).]
2.  Misrepresentations of state employees.
Any state employee who represents himself as a spokesman or representative of a department or agency without the authorization of the commissioner or director of that organization shall not be protected by the provisions of this chapter and shall be subject to the penalty in subsection 3.
[PL 1985, c. 167 (NEW).]
3.  Penalty.
Any person who violates this section is guilty of a Class E crime.
[PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §28. Civil actions for injunctive relief or other remedies

§28. Civil actions for injunctive relief or other remedies
A state employee who alleges a violation of his rights under this chapter may bring a civil action, including an action for injunctive relief, within 120 days after the occurrence of that alleged violation. The action may be brought in the Superior Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the person against whom the civil complaint is filed resides.   [PL 1985, c. 167 (NEW).]
An employee shall establish each and every element of his case by a preponderance of the evidence.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §29. Remedies ordered by court

§29. Remedies ordered by court
A court, in rendering a judgment in an action brought pursuant to this chapter, may order reinstatement of this employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights or any combination of these remedies. A court may also award the prevailing party all or a portion of the costs of litigation, including reasonable attorneys' fees and witness fees, if the court determines that the award is appropriate.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §30. Penalties for violations

§30. Penalties for violations
A person who violates sections 22, 23 and 24 is liable for a civil fine of $10 for each day of willful violation, which shall not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to the General Fund.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §31. Collective bargaining rights

§31. Collective bargaining rights
This chapter shall not be construed to diminish or impair the rights of the State or respective bargaining agent under any collective bargaining agreement.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW). PL 1985, c. 378, §2 (NEW). PL 1985, c. 737, §A14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §32. Jury trial; common-law rights

§32. Jury trial; common-law rights
Any action brought under this chapter may be heard by a jury. Nothing in this chapter may be construed to derogate any common-law rights of an employee.   [PL 1985, c. 167 (NEW).]
SECTION HISTORY
PL 1985, c. 167 (NEW). PL 1985, c. 378, §2 (NEW). PL 1985, c. 737, §A14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES › 5 §33. Bureau of Human Resources to inform supervisors and state employees

§33. Bureau of Human Resources to inform supervisors and state employees
The State Human Resources Officer is responsible for informing supervisors and state employees about the provisions of this chapter. The State Human Resources Officer, at a minimum, shall distribute a sufficient number of copies of this chapter, which shall be visibly posted in all state buildings, in order to notify the greatest possible number of state employees about the provisions in this chapter.   [PL 1985, c. 785, Pt. B, §9 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]
The State Human Resources Officer shall use the necessary means to instruct all supervisory personnel about the provisions in this chapter.   [PL 1985, c. 785, Pt. B, §9 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]
SECTION HISTORY
PL 1985, c. 167 (NEW). PL 1985, c. 785, §B9 (AMD). PL 2023, c. 412, Pt. D, §3 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §41. Employment of counsel or witnesses

§41. Employment of counsel or witnesses
No head of any department shall employ counsel or witnesses, at the expense of the State, to appear before any committee of the Legislature, without the consent of the Legislature.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §42. Exchange of information and records

§42. Exchange of information and records
No state agency, board, commission, department or institution shall be charged for information or copies of records furnished by another state agency, board, commission, department or institution.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §43. Annual reports of state agencies

§43. Annual reports of state agencies
As used in sections 43 through 46, the word "agency" shall mean a state department, agency, office, board, commission or quasi-independent agency, board, commission, authority or institution.   [PL 1975, c. 436, §3 (RPR).]
The administrative head or body of each agency shall, on or before September 1st, annually, deliver to the Governor a report of such agency during the preceding fiscal year ending June 30th. An agency using a fiscal year other than that used by the State may report on the basis of its preceding fiscal year. The Legislative branch, through the Legislative Council, and the Judicial branch, through the Chief Justice of the Supreme Judicial Court, the University of Maine System and the Maine Maritime Academy, may also submit reports of these branches of State Government for the previous fiscal year.   [PL 1985, c. 779, §8 (AMD).]
The Governor shall immediately cause such reports to be edited with regard to content, arrangement and brevity, except that the constitutional officers elected by the Legislature, the Legislative Council and the Chief Justice and the University of Maine System and the Maine Maritime Academy shall approve any editing of their respective reports.   [PL 1985, c. 779, §8 (AMD).]
The Governor shall, no later than December 31st annually, consolidate such reports into a public document entitled "the Maine State Government Annual Report" and shall cause it to be published electronically in the online repository maintained by the State Librarian pursuant to Title 27, section 66 for permanent digital access to government documents. A minimum of 4 copies of the report must be printed and provided to the State Librarian for retention in the Maine State Library government documents collection and distribution to other libraries in the State for patron access.   [PL 2021, c. 549, §4 (AMD).]
SECTION HISTORY
PL 1973, c. 612 (NEW). PL 1975, c. 436, §3 (RPR). PL 1985, c. 779, §8 (AMD). PL 2021, c. 549, §§4, 5 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §44. Report provisions

§44. Report provisions
The report of each agency shall include in summary form but not be limited to:   [PL 1973, c. 612, §1 (NEW).]
1.  Date of establishment.
The date when the agency was established;
[PL 1973, c. 612, §1 (NEW).]
2.  Statutory authority.
The statutory authority of the agency;
[PL 1973, c. 612, §1 (NEW).]
3.  Agency address.
The address of the agency's central office;
[PL 1973, c. 612, §1 (NEW).]
4.  Administrative officers.
The names, titles and telephone numbers of the principal administrative officers;
[PL 1973, c. 612, §1 (NEW).]
5.  Agency chart.
An organizational chart of the agency;
[PL 1973, c. 612, §1 (NEW).]
6.  Number of employees.
The average number of full-time employees;
[PL 1973, c. 612, §1 (NEW).]
7.  Authorized employees.
The number of employees authorized by the previous Legislature and a summary by month of the actual number of employees;
[PL 1973, c. 612, §1 (NEW).]
8.  Recurring operating expenditures.
Recurring operating expenditures;
[PL 1973, c. 612, §1 (NEW).]
9.  Fund and account identification.
The identification of all funds and accounts relating to an agency, with their beginning and ending balances; this shall include all federal funds and all funds from any other source;
[PL 1973, c. 612, §1 (NEW).]
10.  Program description.
A description of each program shall be provided and shall include a summary of major expenditures, goals and objectives and future plans.
[PL 1973, c. 612, §1 (NEW).]
A department made up of several distinct units shall provide overall summary information for the department and summary information for each bureau, division, commission, agency and institutional unit, as appropriate.   [PL 1973, c. 612, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 612, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §44-A. Out-of-state travel report

§44-A. Out-of-state travel report
All state agencies shall, within 15 days after the end of each quarter, submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of that quarter's out-of-state travel activity. For the purposes of this section, a state agency is any state department or agency, or any part of a state department or agency, that receives an appropriation or an allocation through the state budget process. The report must reflect, for each individual who has been authorized by the agency to travel, the destination, purpose and cost by funding source of each trip.   [PL 1991, c. 622, Pt. L, §7 (NEW).]
SECTION HISTORY
PL 1991, c. 622, §L7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §45. Discontinuation of duplicate reports

§45. Discontinuation of duplicate reports
Notwithstanding any other provision of law, the Governor may discontinue the publication of any other annual or biennial report which duplicates the report material provided for in section 43, except for reports of the constitutional officers elected by the Legislature, and reports of the legislative and judicial branches of government, the University of Maine System and the Maine Maritime Academy. He may order the publication of an expanded departmental report, in standard format, in a limited quantity for record purposes.   [PL 1985, c. 779, §9 (AMD).]
Notwithstanding any other provision of law, every annual or biennial report required by statute to be made by any agency other than constitutional officers elected by the Legislature, the legislative and judicial branches of government, the University of Maine System and the Maine Maritime Academy, to the Governor and the Legislature shall be made by inclusion of that report in the Maine State Government Annual Report. The Governor may authorize the publication of special expanded department reports in a limited quantity when justified.   [PL 1985, c. 779, §9 (AMD).]
SECTION HISTORY
PL 1973, c. 612, §1 (NEW). PL 1975, c. 436, §4 (AMD). PL 1977, c. 370 (AMD). PL 1985, c. 779, §9 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 3: ADMINISTRATIVE DEPARTMENTS, AGENCIES, BOARDS, ETC., GENERALLY › 5 §46. Descriptions of expenditures

§46. Descriptions of expenditures
Descriptions of expenditures under all funds and accounts shall be made in using generally the following categories and subcategories:   [PL 1975, c. 436, §5 (AMD).]
1.  Personal services.
Personal services:
A. Wages and salaries;   [PL 1973, c. 612, §1 (NEW).]
B. Retirement.   [PL 1973, c. 612, §1 (NEW).]
[PL 1973, c. 612, §1 (NEW).]
2.  All other.
All other:
A. Commodities;   [PL 1973, c. 612, §1 (NEW).]
B. Grants, subsidies and pensions;   [PL 1973, c. 612, §1 (NEW).]
C. Transfers to other funds;   [PL 1973, c. 612, §1 (NEW).]
D. Computer services;   [PL 1973, c. 612, §1 (NEW).]
E. All other rents;   [PL 1973, c. 612, §1 (NEW).]
F. All other contractual services.   [PL 1973, c. 612, §1 (NEW).]
[PL 1973, c. 612, §1 (NEW).]
3.  Capital expenditures.
Capital expenditures:
A. Buildings and improvements;   [PL 1973, c. 612, §1 (NEW).]
B. Equipment;   [PL 1973, c. 612, §1 (NEW).]
C. Purchases of land.   [PL 1973, c. 612, §1 (NEW).]
[PL 1973, c. 612, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 612 (NEW). PL 1975, c. 436, §5 (AMD).