2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 3: QUASI-INDEPENDENT STATE ENTITIES › 5 §12024. Proposed quasi-independent state entities

§12024. Proposed quasi-independent state entities
A joint standing committee of the Legislature that considers proposed legislation establishing a quasi-independent state entity after January 1, 2013 shall:   [PL 2011, c. 616, Pt. A, §1 (NEW).]
1.  Additions to reporting entities.
Evaluate whether the proposed quasi-independent state entity should be added to the list of reporting entities in section 12021, subsection 6. The joint standing committee shall consider:
A. Whether the governmental purpose for which the proposed quasi-independent state entity is being established is funded with revenues that are derived, in whole or part, from federal or state taxes or fees;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
B. Whether the powers and duties of the proposed quasi-independent state entity are more than advisory as described in section 12004‑I;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
C. Whether the proposed quasi-independent state entity's organizational and accountability structure allows the quasi-independent state entity to make significant policy and financial decisions independent of the Legislature and executive branch;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
D. Whether the proposed quasi-independent state entity is considered a component unit of State Government for financial reporting purposes under the standards and pronouncements issued by a governmental accounting standards board or for any purposes under Part 4; and   [PL 2011, c. 616, Pt. A, §1 (NEW).]
E. Whether the proposed quasi-independent state entity will be subject to review under the State Government Evaluation Act.   [PL 2011, c. 616, Pt. A, §1 (NEW).]
If the committee determines that the proposed quasi-independent state entity should be added to the list of reporting entities under section 12021, subsection 6, the committee shall include that determination in any report on the legislation; and
[PL 2011, c. 616, Pt. A, §1 (NEW).]
2.  Legislative standards.
Ensure that proposed legislation that establishes a new quasi-independent state entity:
A. Provides, if applicable, for staggered terms of office for members of the governing body, with terms not to exceed 5 years;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
B. Requires that the governing body must be responsible for:
(1) Appointment, performance review and termination of the managing director;
(2) Establishing and ensuring compliance with organizational policies and procedures, including those required by section 12022; and
(3) Ensuring adherence to all requirements of this chapter;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
C. Specifies qualifications required or desired of the managing director;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
D. Provides conditions under which members of the governing body and the managing director may be removed from office and establishes the process for removal;   [PL 2011, c. 616, Pt. A, §1 (NEW).]
E. Identifies the joint standing committee of the Legislature with oversight over the entity and any matters that must be reviewed by that committee; and   [PL 2011, c. 616, Pt. A, §1 (NEW).]
F. Contains audit and reporting requirements.   [PL 2011, c. 616, Pt. A, §1 (NEW).]
[PL 2011, c. 616, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 616, Pt. A, §1 (NEW).