reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 33: JUSTIFICATION OF STATE GOVERNMENT PROGRAMS (REPEALED) › 3 §931. Legal claims (REPEALED)

§931. Legal claims
(REPEALED)
SECTION HISTORY
PL 1989, c. 483, §A4 (NEW). PL 1995, c. 488, §1 (RP).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 33: JUSTIFICATION OF STATE GOVERNMENT PROGRAMS (REPEALED) › 3 §932. Review (REPEALED)

§932. Review
(REPEALED)
SECTION HISTORY
PL 1989, c. 483, §A4 (NEW). PL 1995, c. 488, §1 (RP).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §951. Short title

§951. Short title
This chapter may be known and cited as the "State Government Evaluation Act."   [PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §952. Scope

§952. Scope
This chapter provides for a system of periodic review of agencies and independent agencies of State Government in order to evaluate their efficacy and performance. Only those agencies, independent agencies or parts of those agencies and independent agencies that receive support from the General Fund or that are established, created or incorporated by reference in the Maine Revised Statutes are subject to the provisions of this chapter. The financial and programmatic review must include, but is not limited to, a review of agency management and organization, program delivery, agency goals and objectives, statutory mandate and fiscal accountability.   [PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §953. Definitions

§953. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 488, §2 (NEW).]
1.  Agency.
"Agency" means a governmental entity subject to review pursuant to this chapter, but not subject to automatic termination.
[PL 1995, c. 488, §2 (NEW).]
2.  Committee or committee of jurisdiction.
"Committee or committee of jurisdiction" means the joint standing committee of the Legislature having jurisdiction over the same policy and substantive matters as an agency subject to review under this chapter.
[PL 1995, c. 488, §2 (NEW).]
3.  Independent agency.
"Independent agency" means a governmental entity subject to review and to termination pursuant to this chapter.
[PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §954. Designation by legislative policy committee

§954. Designation by legislative policy committee
1.  Authorization.
On or before April 1st of any first regular session, the committee of jurisdiction shall review the list of agencies scheduled for review in section 959.
[PL 1995, c. 488, §2 (NEW).]
2.  Waiver from review.
The committee of jurisdiction may, with a 2/3 vote of all committee members, do one of the following with regard to an agency review:
A. Exempt an agency or independent agency from review and establish a new review date;   [PL 1995, c. 488, §2 (NEW).]
B. Establish a modified review process in which an agency or independent agency may be asked to provide less information than required by this section or additional information; or   [PL 1995, c. 488, §2 (NEW).]
C. Add an additional agency or independent agency for review, except that an agency that has been reviewed in accordance with this chapter in the legislative session immediately preceding the current legislative session may not be added for review.   [PL 1995, c. 488, §2 (NEW).]
[PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §955. Committee schedule

§955. Committee schedule
1.  Review established.
The committee of jurisdiction shall establish its agency review schedule in accordance with this chapter and upon approval of the necessary resources by the Legislative Council. The committee of jurisdiction shall request from each agency and independent agency scheduled for review under section 959 a single-page list of organizational units and programs within each organizational unit by March 1st of the first regular session of the Legislature. The agency or independent agency shall provide the list to the committee of jurisdiction by April 1st of the first regular session of the Legislature. The committee of jurisdiction shall provide an agency or independent agency with a written notice of its intent to review the agency or independent agency by May 1st of the first regular session of the Legislature.
[PL 2013, c. 307, §1 (AMD).]
2.  Submission of program evaluation report.
Each agency and independent agency shall prepare and submit no later than November 1st prior to the second regular session of the Legislature, a program evaluation report as required in section 956, to the Legislature through the committee of jurisdiction.
[PL 1995, c. 488, §2 (NEW).]
3.  Conduct review.
The committee of jurisdiction shall begin its agency review process no later than February 1st of the second regular session of the Legislature and in accordance with this chapter.
[PL 1995, c. 488, §2 (NEW).]
4.  Report issued.
For those agencies and independent agencies selected for review by the committee of jurisdiction, the committee shall submit to the Legislature no later than March 15th of the second regular session of the Legislature the findings, administrative recommendations or legislation required to implement recommendations made as a result of its review, analysis and evaluation.
[PL 1995, c. 488, §2 (NEW).]
5.  Follow-up review.
The committee of jurisdiction shall establish in its final report a specified time in which the committee may review the progress of an agency in meeting the recommendations of the committee report. A follow-up review may consist of written progress reports, public hearings with the agency and committee or any other method approved by the committee of jurisdiction in its final report.
[PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW). PL 2013, c. 307, §1 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §957. Committee analysis and recommendations; authority

§957. Committee analysis and recommendations; authority
For each agency or independent agency or a component part of each agency or independent agency subject to review pursuant to section 952, the committee of jurisdiction may conduct an analysis and evaluation that may include, but need not be limited to, an evaluation of the program evaluation report submitted pursuant to section 956, subsection 1, including:   [PL 2013, c. 307, §8 (NEW).]
1.  Statutory authority.
The extent to which the agency or independent agency operates in accordance with its statutory authority;
[PL 2013, c. 307, §8 (RPR).]
2.  Goals and objectives.
The degree of success in meeting the agency's or independent agency's goals and objectives for each program, including population served;
[PL 2013, c. 307, §8 (NEW).]
3.  Statutory and administrative mandates.
The degree of success achieved by the agency or independent agency in meeting its statutory and administrative mandates; and
[PL 2013, c. 307, §8 (NEW).]
4.  Filing requirements.
The extent to which the agency or independent agency has increased or reduced filing requirements and paperwork duplication burdens on the public.
[PL 2013, c. 307, §8 (NEW).]
In consultation with the Legislative Council, the committee of jurisdiction shall select agencies or independent agencies for review either in accordance with the scheduling guidelines provided in this chapter or at any time determined necessary by the committee.   [PL 2013, c. 307, §8 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW). PL 2001, c. 495, §4 (AMD). PL 2013, c. 307, §8 (RPR).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §958. Termination of independent agencies

§958. Termination of independent agencies
1.  Termination process.
The committee of jurisdiction may recommend to the Legislature that any independent agency be terminated if indicated or warranted by the committee's review, analysis and evaluation of the independent agency. An independent agency may be accorded a grace period of not more than one year from the effective date of the legislation approving termination in which to complete its business. During the grace period, the statutory powers and duties of the independent agency are not limited or reduced.
[PL 1995, c. 488, §2 (NEW).]
2.  Disposition of property, funds and records.
During the grace period, the Legislature shall determine the disposition of:
A. All property, including any land, buildings, equipment and supplies used by the independent agency;   [PL 1995, c. 488, §2 (NEW).]
B. All funds remaining in any account of the independent agency; and   [PL 1995, c. 488, §2 (NEW).]
C. All records resulting from the activities of the independent agency.   [PL 1995, c. 488, §2 (NEW).]
[PL 1995, c. 488, §2 (NEW).]
3.  Expiration of grace period.
Upon the expiration of the grace period, the independent agency shall cease its activities and terminate.
[PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §960. Future or reorganized agencies and independent agencies

§960. Future or reorganized agencies and independent agencies
The chief staff administrator of a newly created or substantially reorganized agency or independent agency shall contact the committee to ensure placement of that agency or independent agency in the scheduling guideline outlined in section 959. The committee and the Legislative Council shall determine the placement of that agency or independent agency in the scheduling guideline.   [PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §961. Legislative Council

§961. Legislative Council
The Legislative Council shall issue rules necessary for the efficient administration of this chapter and shall provide the committees of jurisdiction with assistance as required to carry out the purposes of this chapter.   [PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §962. Legal claims

§962. Legal claims
Termination, modification or establishment of agencies or independent agencies as a result of the review required by this chapter does not extinguish any legal claims against the State, any state employee or state agency or independent agency. The provisions of this chapter do not relieve the State or any agency or independent agency of responsibility for making timely payment of the principal and interest of any debt issued in the form of a bond or note.   [PL 1995, c. 488, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 35: STATE GOVERNMENT EVALUATION › 3 §963. Review

§963. Review
The joint standing committee of the Legislature having jurisdiction over state and local government matters shall review the provisions and effects of this chapter no later than March 30, 2032 and at least once every 10 years thereafter. The committee may report out legislation during the session of the Legislature in which a review under this section is completed.   [PL 2021, c. 617, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 488, §2 (NEW). PL 2013, c. 505, §2 (AMD). PL 2021, c. 617, §2 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 36: RETROSPECTIVE REVIEW OF AGENCY RULES › 3 §971. Definitions

§971. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2011, c. 304, Pt. L, §1 (NEW).]
1.  Agency.
"Agency" means any body of State Government authorized by law to adopt rules under Title 5, chapter 375.
[PL 2011, c. 304, Pt. L, §1 (NEW).]
2.  Committee of jurisdiction.
"Committee of jurisdiction" means the joint standing committee of the Legislature having jurisdiction over the policy and subject matter of a rule.
[PL 2011, c. 304, Pt. L, §1 (NEW).]
3.  Retrospective review.
"Retrospective review" means a review of a rule by an agency for any change in the relevance, clarity and reasonableness of the rule between the time of its initial adoption and the time of the review.
[PL 2011, c. 304, Pt. L, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 304, Pt. L, §1 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 36: RETROSPECTIVE REVIEW OF AGENCY RULES › 3 §972. Direction from committees of jurisdiction

§972. Direction from committees of jurisdiction
On or before February 1st of any first regular session of the Legislature, a committee of jurisdiction may direct an agency in writing to undertake a retrospective review of one or more rules under the jurisdiction of the committee.   [PL 2011, c. 304, Pt. L, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 304, Pt. L, §1 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 36: RETROSPECTIVE REVIEW OF AGENCY RULES › 3 §973. Agency review

§973. Agency review
When directed by a committee of jurisdiction to undertake a retrospective review of a rule under this chapter, an agency shall evaluate the continued relevance, clarity and reasonableness of the rule by examining:   [PL 2011, c. 304, Pt. L, §1 (NEW).]
1.  Relevance.
The extent to which the rule may have over time become redundant, inconsistent or in conflict with the original goals and objectives for which the rule was first proposed, with other rules or with any underlying federal or state law or regulation that initially served as the basis for the rule;
[PL 2011, c. 304, Pt. L, §1 (NEW).]
2.  Clarity.
Whether the language of the rule has retained its clarity and use of plain and clear English as required by Title 5, section 8061, continues to comply with the uniform drafting standards set forth in the drafting manual developed by the Secretary of State under Title 5, section 8056-A or whether the rule could be made less complex or more understandable to the general public;
[PL 2011, c. 304, Pt. L, §1 (NEW).]
3.  Reasonableness.
Whether the rule has been reasonably and consistently applied with respect to the public or particular persons and whether less costly or more limited regulatory methods of achieving the original purposes of the rule have become available; and
[PL 2011, c. 304, Pt. L, §1 (NEW).]
4.  Appropriate categorization.
Whether the rule should be categorized as a major substantive rule or a routine technical rule, as those terms are defined in Title 5, chapter 375.
[PL 2011, c. 304, Pt. L, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 304, Pt. L, §1 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 36: RETROSPECTIVE REVIEW OF AGENCY RULES › 3 §974. Report to the committee of jurisdiction

§974. Report to the committee of jurisdiction
An agency directed to undertake a retrospective review of one or more of its rules in a first regular session of the Legislature pursuant to section 972 shall submit a written report to the committee of jurisdiction on or before February 14th of the second regular session of that Legislature. The report must address each of the criteria listed in section 973 for each rule reviewed by the agency and identify ways in which the agency proposes to amend the rule, if any, and recommend whether the legislative authority for each rule should be retained, repealed or modified.   [PL 2011, c. 304, Pt. L, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 304, Pt. L, §1 (NEW).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §991. Evaluation and Government Accountability

§991. Evaluation and Government Accountability
The Office of Program Evaluation and Government Accountability is created for the purpose of providing program evaluation of agencies and programs of State Government and, when determined necessary by the committee, local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies or any municipal or nonprofit corporation. The office also is established to ensure that public funds provided to local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies or any municipal or nonprofit corporation are expended for the purposes for which they were allocated, appropriated or contracted. When authorized by the committee, the office also may examine or direct an examination of any state contractor financed in whole or part by public funds and any expenditure by any public official or public employee during the course of public duty, including, but not limited to, any expenditure of private money for the purposes of the agency or other entity.   [PL 2003, c. 673, Pt. GGGG, §1 (AMD).]
SECTION HISTORY
PL 2001, c. 702, §2 (NEW). PL 2003, c. 451, §KKK1 (AMD). PL 2003, c. 673, §GGGG1 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §992. Definitions

§992. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 702, §2 (NEW).]
1.  Committee.
"Committee" means a joint legislative committee established to oversee program evaluation and government accountability matters.
[PL 2001, c. 702, §2 (NEW).]
2.  Director.
"Director" means the Director of the Office of Program Evaluation and Government Accountability.
[PL 2001, c. 702, §2 (NEW).]
3.  Office.
"Office" means the Office of Program Evaluation and Government Accountability established in section 991.
[PL 2001, c. 702, §2 (NEW).]
4.  Other entity.
"Other entity" means any public or private entity in this State that may be subject to program evaluation under this chapter as the result of its receipt or expenditure of public funds. "Other entity" may include local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies or any municipal or nonprofit corporation.
[PL 2003, c. 673, Pt. GGGG, §2 (AMD).]
4-A.  Policy committee.
"Policy committee" means the joint standing committee of the Legislature having jurisdiction over taxation matters.
[PL 2015, c. 344, §1 (NEW).]
5.  Program evaluation.
"Program evaluation" means an examination of any government program that includes performance audits, management analysis, inspections, operations, research or examinations of efficiency, effectiveness or economy or the evaluation of any tax expenditure required under this chapter.
[PL 2015, c. 344, §2 (AMD).]
5-A.  Qualified auditor.
"Qualified auditor" means an auditor who meets the education and experience requirements of the Office of State Auditor as defined in Title 5, section 241.
[PL 2003, c. 463, §2 (NEW).]
6.  State agency.
"State agency" means each state board, commission, department, program, office or institution, educational or otherwise, of this State.
[PL 2001, c. 702, §2 (NEW).]
6-A.  Statistic.
"Statistic" means a numerical value computed from a set of data. "Statistic" includes, but is not limited to, a sum, mean, median, maximum, minimum, range and variance.
[PL 2015, c. 344, §3 (NEW).]
6-B.  Tax expenditure.
"Tax expenditure" has the same meaning as under Title 5, section 1666.
[PL 2015, c. 344, §3 (NEW).]
7.  Working paper.
"Working paper" means all documentary and other information acquired, prepared or maintained by the office during the conduct of a program evaluation, including all intra-agency and interagency communications relating to a program evaluation and includes electronic messages and draft reports or any portion of a draft report.
[PL 2001, c. 702, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 702, §2 (NEW). PL 2003, c. 463, §§1,2 (AMD). PL 2003, c. 673, §§GGGG2,3 (AMD). PL 2015, c. 344, §§1-3 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §993. Committee membership; chairs

§993. Committee membership; chairs
The membership of the committee and the selection of chairs are established by joint rule of the Legislature. Beginning with the 132nd Legislature, at least one member of the committee must be a member of the joint standing committee of the Legislature having jurisdiction over taxation matters and at least one member must be a member of the joint standing committee of the Legislature having jurisdiction over economic development matters. No 2 members of the committee may be members of the same joint standing committee of the Legislature and also members of the same political party.   [PL 2023, c. 417, §1 (AMD).]
SECTION HISTORY
PL 2001, c. 702, §2 (NEW). PL 2023, c. 417, §1 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §995. Director

§995. Director
1.  Appointment.
Not earlier than April 1, 2003, the Legislative Council shall appoint by an affirmative vote of 8 members of the Legislative Council a nonpartisan director of the office for the purposes of conducting program evaluations pursuant to this chapter. The director must be appointed to an initial 5-year term, which is subject to renewal by the Legislative Council every 5 years thereafter. During the term of the contract, the director may be terminated only for cause by an affirmative vote of 8 members of the Legislative Council. The Legislative Council shall establish the compensation of the director. The director's duties must be performed independently and in a nonpartisan manner but under the general policy direction of the committee.
[PL 2003, c. 673, Pt. GGGG, §8 (AMD).]
2.  Duties.
The director shall supervise the staff of the office in accordance with policies adopted by the committee and consistent with the policies of the Legislative Council. The director shall prepare and present a biennial budget to the committee for its approval. Money appropriated or allocated to the office must be expended in the discretion of the director and the committee only. The director also shall prepare and present an annual work plan to the committee for its consideration and approval. The director also may contract with private individuals or entities for the conduct of program evaluations under this chapter. The director may request the committee to issue subpoenas.
[PL 2001, c. 702, §2 (NEW).]
3.  Employees.
Employees must be nonpartisan. Employees of the office are employed by and are responsible to the director, who shall hire and fix the compensation of each employee, subject to the approval of the committee and within resources available in the biennial budget. Other than the director appointed pursuant to subsection 1, an employee of the office may not be employed prior to July 1, 2003.
[PL 2003, c. 673, Pt. GGGG, §8 (AMD).]
4.  Annual report.
The director shall prepare an annual report of the office's activities for each calendar year and shall submit that annual report to the committee and the Legislature no later than January 15th of each calendar year.
[PL 2003, c. 463, §4 (AMD).]
5.  Coordination with State Auditor; complaints alleging fraud, waste, inefficiency or abuse.
The director may access confidential information disclosed by the State Auditor under Title 5, section 244‑E, subsection 3 in order to ensure appropriate agency referral or coordination between agencies to respond appropriately to all complaints made under Title 5, section 244‑E.
[PL 2023, c. 405, Pt. A, §1 (AMD).]
SECTION HISTORY
PL 2001, c. 702, §2 (NEW). PL 2003, c. 463, §4 (AMD). PL 2003, c. 673, §GGGG8 (AMD). PL 2005, c. 682, §1 (AMD). PL 2023, c. 405, Pt. A, §1 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §996. Assistance to committee

§996. Assistance to committee
The Department of the Attorney General, the State Auditor, the State Controller, the Commissioner of Administrative and Financial Services, the Director of the Office of Fiscal and Program Review and the Director of the Office of Policy and Legal Analysis shall assist the committee and office with program evaluations under this chapter if the committee and the director determine that such assistance is necessary.   [PL 2001, c. 702, §2 (NEW).]
The Commissioner of Administrative and Financial Services shall provide office space to house the office within the Burton M. Cross Building. This office space must be provided at no charge.   [PL 2003, c. 451, Pt. KKK, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 702, §2 (NEW). PL 2003, c. 451, §KKK3 (AMD).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §1000. Expedited review of tax expenditures (REPEALED)

§1000. Expedited review of tax expenditures
(REPEALED)
SECTION HISTORY
PL 2015, c. 344, §4 (NEW). PL 2019, c. 161, §2 (AMD). PL 2023, c. 417, §5 (RP).
2023 Maine Revised Statutes › TITLE 3: LEGISLATURE › Chapter 37: LEGISLATIVE OVERSIGHT OF GOVERNMENT AGENCIES AND PROGRAMS › 3 §1002. Review of proposed tax expenditures

§1002. Review of proposed tax expenditures
1.  Procedures before legislative committees.
Whenever a legislative measure contains a proposed new tax expenditure or a proposed change that affects an existing tax expenditure, the joint standing committee of the Legislature having jurisdiction over the proposal shall hold a public hearing and determine the level of support for the proposal among the members of the joint standing committee. If there is support for the proposal among a majority of the members of the joint standing committee, the joint standing committee shall request the policy committee to review and evaluate the proposal pursuant to subsection 2 and to report to the joint standing committee. A proposed tax expenditure or change to an existing tax expenditure may not be enacted into law unless the review and evaluation pursuant to this section has been completed.
[PL 2023, c. 417, §7 (NEW).]
2.  Evaluation.
Upon referral pursuant to subsection 1 of a proposal from the joint standing committee of the Legislature having jurisdiction over the proposal, the policy committee, in consultation with the office, shall conduct a review and evaluation of the proposal and shall report in a timely manner to the joint standing committee. The policy committee shall evaluate whether the proposed or amended tax expenditure is likely to be assigned to the full evaluation category under section 998, subsection 1, paragraph A. If the tax expenditure is likely to be assigned for full evaluation, the policy committee shall evaluate whether the proposal contains the provisions necessary for a full evaluation under section 999, including whether the proposal:
A. Identifies the purposes and goals of the tax expenditure;   [PL 2023, c. 417, §7 (NEW).]
B. Identifies the data or other information necessary to evaluate the tax expenditure and the person or agency responsible for collecting that data or information;   [PL 2023, c. 417, §7 (NEW).]
C. Requires the appropriate person or agency to provide the data or other information identified in paragraph B to the office; and   [PL 2023, c. 417, §7 (NEW).]
D. Provides the necessary framework to permit the office to evaluate and report on the tax expenditure as required under section 999.   [PL 2023, c. 417, §7 (NEW).]
[PL 2023, c. 417, §7 (NEW).]
3.  Report.
After its evaluation pursuant to subsection 2, the policy committee shall report to the joint standing committee of the Legislature having jurisdiction over the proposal its findings and recommendation on whether the proposed tax expenditure is likely to be assigned to the full evaluation category under section 998, subsection 1, paragraph A and, if so, whether it contains the provisions necessary to fulfill the requirements of a full evaluation under section 999 or whether the legislation should be amended to contain the necessary provisions.
[PL 2023, c. 417, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 417, §7 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §1. Constitution of the court; administrative responsibilities of the court and the Chief Justice

§1. Constitution of the court; administrative responsibilities of the court and the Chief Justice
The Supreme Judicial Court, as heretofore established, consists of a Chief Justice and 6 associate justices and such Active Retired Justices as may be appointed and serving on said court, learned in the law and of sobriety of manners.   [PL 2009, c. 213, Pt. QQ, §1 (AMD).]
The Chief Justice is the head of the judicial branch of the State. In the event of the Chief Justice's disability for any cause, the senior associate, not under disability, shall perform any and all of the duties of the Chief Justice.   [PL 2009, c. 213, Pt. QQ, §1 (AMD).]
The Supreme Judicial Court has general administrative and supervisory authority over the judicial branch and shall make and promulgate rules, regulations and orders governing the administration of the judicial branch.   [PL 2009, c. 213, Pt. QQ, §1 (AMD).]
The Chief Justice, as head of the judicial branch, shall prepare the budget for the judicial branch. The Chief Justice may approve financial orders for transfers and revisions of and increases to allotment within the judicial branch in accordance with procedures for financial orders established in the executive branch. The Chief Justice shall provide a copy of each approved financial order to the Department of Administrative and Financial Services, Bureau of the Budget and the Office of Fiscal and Program Review.   [PL 2011, c. 655, Pt. W, §1 (AMD).]
The Chief Justice, as the head of the judicial branch, shall, in accordance with the rules, regulations and orders of the Supreme Judicial Court, be responsible for the efficient operation of the judicial branch and for the expeditious dispatch of litigation therein and for the proper conduct of business in all courts. The Chief Justice may require reports from all courts in the State and may issue orders and regulations necessary for the efficient operation of the judicial branch and the prompt and proper administration of justice.   [PL 2009, c. 213, Pt. QQ, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 408, §1 (RPR). PL 1975, c. 623, §§3-A (AMD). PL 2009, c. 213, Pt. QQ, §1 (AMD). PL 2011, c. 655, Pt. W, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §2. Appointment of additional justices

§2. Appointment of additional justices
Whenever the Chief Justice of the Supreme Judicial Court or, in the event of the Chief Justice's disability, any associate justice thereof has reason to believe that any Justice of the Supreme Judicial or Superior Court is totally and permanently disabled by reason of physical or mental incapacity and because thereof is unable to perform the duties of the office, the Chief Justice or associate justice shall cause a commission of 3 competent disinterested members of the medical profession to make due inquiry and examination into the facts and report the results of the inquiry to the Supreme Judicial Court. Upon receiving the report, the Chief Justice or associate justice shall call a meeting of the Supreme Judicial Court and submit to it the report of the medical commission. The court shall, based on the report and other evidence they may consider necessary, if any, determine the facts. If the court finds that the Justice of the Supreme Judicial or Superior Court is permanently and totally disabled by reason of physical or mental incapacity and because of the disability is unable to perform the duties of the office, the Chief Justice shall certify that fact to the Governor. Upon receipt of a certificate from the court, the Governor shall make due inquiry into the matter and, if the Governor confirms the finding of the court, the Governor shall appoint an additional Justice of the Supreme Judicial or Superior Court, as the case may be.   [PL 2019, c. 475, §33 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §16 (AMD). PL 1979, c. 127, §6 (AMD). PL 2019, c. 475, §33 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §2-A. Justice of the Supreme Judicial Court to sit in District Court

§2-A. Justice of the Supreme Judicial Court to sit in District Court
The Chief Justice of the Supreme Judicial Court may assign a Justice or Active Retired Justice of the Supreme Judicial Court to sit in the Superior Court or the District Court, and when so directed the justice has authority and jurisdiction in the Superior Court or the District Court as if the justice were a regular justice or judge of that court. When assigned under this section, the justice may hear all matters and issue all orders, notices, decrees and judgments that any Justice of the Superior Court or Judge of the District Court is authorized to hear and issue.   [PL 2001, c. 69, §1 (AMD).]
The order of the Chief Justice of the Supreme Judicial Court directing a Justice or an Active Retired Justice of the Supreme Judicial Court to sit in the Superior Court or the District Court must be filed with the Executive Clerk of the Supreme Judicial Court, but need not be docketed or otherwise recorded in any case heard by that justice.   [PL 2001, c. 69, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 683, §E1 (NEW). PL 1999, c. 547, §B1 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 69, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §3. When vacancies shall not be filled

§3. When vacancies shall not be filled
No vacancy in the Supreme Judicial or Superior Court caused by the death or expiration of the term of said incapacitated justice shall be filled, if thereby the number of justices qualified and capable of acting would be in excess of that otherwise provided by law as constituting said court.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §5. Compensation of justices upon retirement (REPEALED)

§5. Compensation of justices upon retirement
(REPEALED)
SECTION HISTORY
PL 1965, c. 442, §1 (AMD). PL 1967, c. 494, §§1,29 (AMD). PL 1969, c. 466, §1 (AMD). PL 1969, c. 469, §§1,2 (AMD). PL 1971, c. 64, §1 (AMD). PL 1975, c. 701, §§1,2 (AMD). PL 1981, c. 488, §§1,2 (AMD). PL 1983, c. 167, §1 (AMD). PL 1983, c. 853, §§C5,18 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §6. Active Retired Justices

§6. Active Retired Justices
Any Justice of the Supreme Judicial Court, who has retired from the court under this chapter in effect prior to December 1, 1984, or any Justice of the Supreme Judicial Court who retires or terminates service on the court in accordance with chapter 27, except for a disability retirement, is eligible for appointment as an Active Retired Justice of the Supreme Judicial Court as provided. The Governor may, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary and to confirmation by the Legislature, appoint any eligible justice as an Active Retired Justice of the Supreme Judicial Court for a term of 7 years, unless sooner removed, and that justice may be reappointed for a like term. Any justice appointed and designated as an Active Retired Justice of the Supreme Judicial Court constitutes a part of the court from which the Justice retired and has the same jurisdiction and is subject to the same restrictions as before retirement, except that the Active Retired Justice may act only in the cases and matters and hold court only at the terms and times as directed and assigned by the Chief Justice of the Supreme Judicial Court. The Chief Justice is empowered and authorized to assign and designate an Active Retired Justice of the Supreme Judicial Court as to that justice's services and may direct as to which term of the Law Court the Active Retired Justice attends, and order the Active Retired Justice to hear all matters and issue all orders, notices, decrees and judgments in vacation that any Justice of the Supreme Judicial Court is authorized to hear or issue.   [PL 2019, c. 475, §35 (AMD).]
SECTION HISTORY
PL 1967, c. 544, §1 (AMD). PL 1969, c. 466, §2 (AMD). PL 1975, c. 771, §17 (AMD). PL 1983, c. 853, §§C6,18 (AMD). PL 2019, c. 475, §35 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court

§6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court
An Active Retired Justice of the Supreme Judicial Court may be assigned by the Chief Justice of the Supreme Judicial Court to sit in the Superior Court in any county, and when so directed the Active Retired Justice has authority and jurisdiction in that county as if the Active Retired Justice were a regular Justice of the Superior Court; and, whenever the Chief Justice of the Supreme Judicial Court so directs, the Active Retired Justice may hear all matters and issue all orders, notices, decrees and judgments that any Justice of the Superior Court is authorized to hear and issue.   [PL 2019, c. 475, §36 (AMD).]
The order of the Chief Justice of the Supreme Judicial Court directing an Active Retired Justice of the Supreme Judicial Court to sit in the Superior Court must be filed with the Executive Clerk of the Supreme Judicial Court, but need not be docketed or otherwise recorded in any case heard by the Active Retired Justice.   [PL 2019, c. 475, §36 (AMD).]
SECTION HISTORY
PL 1979, c. 12, §1 (NEW). PL 2019, c. 475, §36 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §6-B. Per diem compensation for Active Retired Justices of the Supreme Judicial Court

§6-B. Per diem compensation for Active Retired Justices of the Supreme Judicial Court
Any Active Retired Justice of the Supreme Judicial Court who performs judicial service at the direction and assignment of the Chief Justice of the Supreme Judicial Court must be compensated for those services at the rate of $350 per day or $200 per 1/2 day, as long as the total compensation received under this section by an Active Retired Justice of the Supreme Judicial Court in any calendar year does not exceed 75% of the annual salary of an Associate Justice of the Supreme Judicial Court set pursuant to section 4. An Active Retired Justice of the Supreme Judicial Court who receives compensation under this section does not accrue additional creditable service for benefit calculation purposes and is not entitled to any other employee benefit, including health, dental or life insurance.   [PL 2017, c. 284, Pt. XXXX, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 692, §1 (NEW). PL 1983, c. 416, §1 (AMD). PL 1989, c. 501, §§O11,22 (AMD). PL 1989, c. 596, §C8 (AMD). PL 1991, c. 824, §§B13,14 (AFF). PL 2003, c. 290, §1 (AMD). PL 2017, c. 284, Pt. XXXX, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §7. General jurisdiction; control of records

§7. General jurisdiction; control of records
The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine and imprisonment, or either, and administer oaths. It has general superintendence of all inferior courts for the prevention and correction of errors and abuses where the law does not expressly provide a remedy and has control of all records and documents in the custody of its clerks. Whenever justice or the public good requires, it may order the expunging from the records and papers on file in any case which has gone to judgment of any name or other part thereof unnecessary to the purpose and effect of said judgment. It may issue all writs and processes, not within the exclusive jurisdiction of the Superior Court, necessary for the furtherance of justice or the execution of the laws in the name of the State under the seal of said court, attested by any justice not a party or interested in the suit and signed by the clerk.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §8. Power to prescribe general rules

§8. Power to prescribe general rules
The Supreme Judicial Court has the power to prescribe, by general rules, for the Probate, District and Superior Courts of Maine, the forms of process, writs, pleadings and motions and the practice and procedure in civil actions at law. Said rules may neither abridge, enlarge nor modify the substantive rights of any litigant. They take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may fix. After their promulgation the Supreme Judicial Court may repeal, amend, modify or add to them from time to time with or without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith are of no further force or effect.   [PL 1999, c. 547, §2 (AMD); PL 1999, c. 547, §80 (AFF).]
The Supreme Judicial Court may at any time write the general rules prescribed by it for cases in equity and those in actions at law so as to secure one form of civil action and procedure for both. In such union of rules the right of trial by jury as at common law and declared by the Constitution of the United States and amendments thereto and by the Constitution of the State of Maine and amendments thereto shall be preserved to the parties inviolate. Such united rules shall not take effect until 6 months after their promulgation and thereafter all laws and rules in conflict therewith shall be of no further force or effect.   [PL 1977, c. 694, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §1 (AMD). PL 1983, c. 653 (AMD). PL 1999, c. 547, §B2 (AMD). PL 1999, c. 547, §B80 (AFF).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §8-A. Rules on courts records and unclaimed property

§8-A. Rules on courts records and unclaimed property
The Supreme Judicial Court may prescribe, repeal, add to, amend or modify rules or orders:   [PL 1981, c. 241 (NEW).]
1.  Records.
To establish retention and disposition schedules for the fiscal, managerial and court records of all the judicial courts of the State, and to authorize the disposition of such records as have no archival, historical or judicial value to the State to warrant permanent preservation, and to authorize the transfer to the Maine State Archives of such records, upon any reasonable terms and conditions as the State Archivist and the Supreme Judicial Court may agree, to be kept in accordance with the Archives and Records Management Law; and
[PL 1981, c. 241 (NEW).]
2.  Unclaimed property.
To provide, after reasonable notice to interested parties or their attorneys, for the transfer to the Treasurer of State for disposition as unclaimed property in the manner provided by Title 33, chapter 45 of property in the possession or custody of the courts of this State as a result of civil or criminal litigation.
[PL 2019, c. 498, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 241 (NEW). PL 2003, c. 20, §§T1,2 (AMD). PL 2019, c. 498, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §8-B. Rules governing nondisclosure of certain identifying information

§8-B. Rules governing nondisclosure of certain identifying information
1.  Nondisclosure of certain identifying information.
The Supreme Judicial Court may prescribe, repeal, add to, amend or modify rules or orders providing for a procedure in all courts through which a party is given the right to request that certain identifying information not be disclosed.
[PL 2007, c. 351, §1 (NEW).]
2.  No contact order; allegation or pleading.
Rules and orders developed pursuant to subsection 1 may allow:
A. A party or participant to notify the court in any case of the existence of any court orders in effect at the time of the proceeding that prohibit contact between the parties and participants; and   [PL 2007, c. 351, §1 (NEW).]
B. A party or participant to allege in an affidavit or a pleading under oath that the health, safety or liberty of the person would be jeopardized by disclosure of information pertaining to the person's current or intended address or location.   [PL 2007, c. 351, §1 (NEW).]
[PL 2007, c. 351, §1 (NEW).]
3.  Evidence; records.
Rules and orders under this section may address the sealing, disclosure and redaction of evidence and records, including circumstances in which the information to be treated as confidential is a material fact necessary to the proceeding.
[PL 2007, c. 351, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §8-C. Rules concerning electronic records and filing

§8-C. Rules concerning electronic records and filing
1.  Rules and orders; processes and procedures.
Notwithstanding any other provision of law, the Supreme Judicial Court may adopt rules and issue orders to permit or require the use of electronic forms, filings, records, e-mail and electronic signatures whenever paper forms, filings, records, written notice, postal mail and written signatures are required for judicial, legal or any other court-related process under the Maine Revised Statutes.
The Supreme Judicial Court, by rule, may determine any other processes or procedures appropriate to ensure adequate preservation, disposition, integrity, security, appropriate accessibility and confidentiality of the electronic records. After the effective date of the rules as adopted or amended, all laws in conflict with the rules are of no further effect.
[PL 2021, c. 343, §1 (AMD).]
2.  Electronic signatures.
An electronic signature may be accepted as a substitute for and, if accepted, has the same force and effect as the use of a manual signature. The Supreme Judicial Court shall determine the type of electronic signature required, the manner and format in which the signature is affixed to the electronic record and the criteria that must be met by a party, including attorneys, filing a document.
[PL 2015, c. 78, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 78, §1 (NEW). PL 2021, c. 343, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 1: SUPREME JUDICIAL COURT › Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION › 4 §9. Power to prescribe rules in criminal cases

§9. Power to prescribe rules in criminal cases
The Supreme Judicial Court shall have the power and authority to prescribe, repeal, add to, amend or modify rules of pleading, practice and procedure with respect to any and all proceedings through final judgment, review and post-conviction remedy in criminal cases before justices of the peace, District Courts, Superior Courts and the Supreme Judicial Court.   [PL 1987, c. 736, §1 (AMD).]
Such rules shall take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may set. After their promulgation the Supreme Judicial Court may repeal, amend, modify or add to such rules from time to time without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith shall be of no further force or effect.
SECTION HISTORY
PL 1987, c. 736, §1 (AMD).