title 10 commerce and trade part 1 general provisions ... · mrs title 10. commerce and trade...

MRS Title 10. COMMERCE AND TRADE

Generated 03.05.2020 Title 10. COMMERCE AND TRADE | 1

TITLE 10

COMMERCE AND TRADE

PART 1

GENERAL PROVISIONS

CHAPTER 1

PROMOTION OF MAINE

§1. State level(REPEALED)SECTION HISTORYPL 1969, c. 455, §4 (RP). §2. County level

Any county may expend not exceeding the sum of $5,000 annually under the direction of the county commissioners, to be accounted for as other moneys of the county, for advertising or promoting the natural resources, advantages and attractions of such county.

CHAPTER 1-A

INTERNATIONAL TRADE AND THE ECONOMY

§11. Maine Jobs, Trade and Democracy Act1. Short title. This section may be known and cited as "the Maine Jobs, Trade and Democracy

Act."[PL 2003, c. 699, §2 (NEW).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Commission" means the Citizen Trade Policy Commission established in Title 5, section 12004-I, subsection 79-A. [PL 2003, c. 699, §2 (NEW).]B. "Trade agreement" means any agreement reached between the United States Government and any other country, countries or other international political entity or entities that proposes to regulate trade among the parties to the agreement. "Trade agreement" includes, but is not limited to, the North American Free Trade Agreement, agreements with the World Trade Organization and the proposed Free Trade Area of the Americas. [PL 2003, c. 699, §2 (NEW).]

[PL 2003, c. 699, §2 (NEW).]3. Purposes. The commission is established to assess and monitor the legal and economic impacts

of trade agreements on state and local laws, working conditions and the business environment; to provide a mechanism for citizens and Legislators to voice their concerns and recommendations; and to make policy recommendations designed to protect Maine's jobs, business environment and laws from any negative impact of trade agreements.


2 | Title 10. COMMERCE AND TRADE Generated 03.05.2020

[PL 2003, c. 699, §2 (NEW).]4. Membership. The commission consists of the following members:A. The following 17 voting members:

(1) Three Senators representing at least 2 political parties, appointed by the President of the Senate;(2) Three members of the House of Representatives representing at least 2 political parties, appointed by the Speaker of the House;(3) The Attorney General or the Attorney General's designee;(4) Four members of the public, appointed by the Governor as follows:

(a) A small business person;(b) A small farmer;(c) A representative of a nonprofit organization that promotes fair trade policies; and(d) A representative of a Maine-based corporation that is active in international trade;

(5) Three members of the public appointed by the President of the Senate as follows:(a) A health care professional;(b) A representative of a Maine-based manufacturing business with 25 or more employees; and(c) A representative of an economic development organization; and

(6) Three members of the public appointed by the Speaker of the House as follows:(a) A person who is active in the organized labor community;(b) A member of a nonprofit human rights organization; and(c) A member of a nonprofit environmental organization.

In making appointments of members of the public, the appointing authorities shall make every effort to appoint representatives of generally recognized and organized constituencies of the interest groups mentioned in subparagraphs (4), (5) and (6); and [PL 2003, c. 699, §2 (NEW).]B. The following 4 commissioners or the commissioners' designees of the following 4 departments and the president or the president's designee of the Maine International Trade Center who serve as ex officio, nonvoting members:

(1) Department of Labor;(3) Department of Environmental Protection;(4) Department of Agriculture, Conservation and Forestry; and(5) Department of Health and Human Services. [PL 2003, c. 689, Pt. B, §6 (REV); PL 2007, c. 266, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

[PL 2003, c. 689, Pt. B, §6 (REV); PL 2007, c. 266, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

5. Terms; vacancies; limits. Except for Legislators, commissioners and the Attorney General, who serve terms coincident with their elective or appointed terms, all members are appointed for 3-year terms. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may not serve more than 2 terms. Members may continue to serve until their replacements are designated. A member may designate an alternate to serve on a temporary basis.



[PL 2003, c. 699, §2 (NEW).]6. Chair; officers; rules. The first-named Senate member and the first-named House of

Representatives member are cochairs of the commission. The commission shall appoint other officers as necessary and make rules for orderly procedure.[PL 2003, c. 699, §2 (NEW).]

7. Compensation. Legislators who are members of the commission are entitled to receive the legislative per diem and expenses as defined in Title 3, section 2 for their attendance to their duties under this chapter. Other members are entitled to receive reimbursement of necessary expenses if they are not otherwise reimbursed by their employers or others whom they represent.[PL 2003, c. 699, §2 (NEW).]

8. Staff. The Legislature, through the commission, shall contract for staff support for the commission, which, to the extent funding permits, must be year-round staff support. In the event funding does not permit adequate staff support, the commission may request staff support from the Legislative Council, except that Legislative Council staff support is not authorized when the Legislature is in regular or special session.[PL 2013, c. 427, §1 (RPR).]

9. Powers and duties. The commission:A. Shall meet at least twice annually; [PL 2003, c. 699, §2 (NEW).]B. Shall hear public testimony and recommendations from the people of the State and qualified experts when appropriate at no fewer than 2 locations throughout the State each year on the actual and potential social, environmental, economic and legal impacts of international trade agreements and negotiations on the State; [PL 2003, c. 699, §2 (NEW).]C. Shall every 2 years conduct an assessment of the impacts of international trade agreements on Maine's state laws, municipal laws, working conditions and business environment. The assessment must be submitted and made available to the public as provided for in the annual report in paragraph D; [PL 2007, c. 266, §2 (AMD).]D. Shall maintain active communications with and submit an annual report to the Governor, the Legislature, the Attorney General, municipalities, Maine's congressional delegation, the Maine International Trade Center, the Maine Municipal Association, the United States Trade Representative's Office, the National Conference of State Legislatures and the National Association of Attorneys General or the successor organization of any of these groups. The commission shall make the report easily accessible to the public by way of a publicly accessible site on the Internet maintained by the State. The report must contain information acquired pursuant to activities under paragraph B and may contain information acquired pursuant to activities under paragraph C; [PL 2007, c. 266, §3 (AMD).]E. Shall maintain active communications with any entity the commission determines appropriate regarding ongoing developments in international trade agreements and policy; [PL 2003, c. 699, §2 (NEW).]F. May recommend or submit legislation to the Legislature; [PL 2003, c. 699, §2 (NEW).]G. May recommend that the State support, or withhold its support from, future trade negotiations or agreements; and [PL 2003, c. 699, §2 (NEW).]H. May examine any aspects of international trade, international economic integration and trade agreements that the members of the commission consider appropriate. [PL 2003, c. 699, §2 (NEW).]

[PL 2007, c. 266, §§2, 3 (AMD).]



10. Accounting; outside funding. All funds appropriated, allocated or otherwise provided to the commission must be deposited in an account separate from all other funds of the Legislature and are nonlapsing. Funds in the account may be used only for the purposes of the commission. The commission may seek and accept outside funding to fulfill commission duties. Prompt notice of solicitation and acceptance of funds must be sent to the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council, along with an accounting that includes the amount received, the date that amount was received, from whom that amount was received, the purpose of the donation and any limitation on use of the funds. The executive director shall administer all funds received in accordance with this section. At the beginning of each fiscal year, and at any other time at the request of the cochairs of the commission, the executive director shall provide to the commission an accounting of all funds available to the commission, including funds available for staff support.[PL 2013, c. 427, §2 (AMD).]

11. Evaluation. By December 31, 2009, the commission shall conduct an evaluation of its activities and recommend to the Legislature whether to continue, alter or cease the commission's activities.[PL 2003, c. 699, §2 (NEW).]SECTION HISTORYPL 2003, c. 689, Pt. B, §6 (REV). PL 2003, c. 699, §2 (NEW). PL 2007, c. 266, §§1-3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2013, c. 427, §§1, 2 (AMD). §12. Quorum

For purposes of holding a meeting, a quorum is 9 members. A quorum must be present to start a meeting but not to continue or adjourn a meeting. For purposes of voting, a quorum is 7 voting members. [PL 2015, c. 400, §1 (AMD).]SECTION HISTORYPL 2007, c. 266, §4 (NEW). PL 2015, c. 400, §1 (AMD). §13. Legislative approval of trade agreements

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Commission" means the Citizen Trade Policy Commission established in Title 5, section 12004-I, subsection 79-A. [PL 2009, c. 385, §1 (NEW).]B. "Trade agreement" means an agreement reached between the United States Government and any other country, countries or other international political entity or entities that proposes to regulate trade, procurement, services or investment among the parties to the agreement. "Trade agreement" includes, but is not limited to, any agreements under the auspices of the World Trade Organization, all regional free trade agreements, including the North American Free Trade Agreement and the Central America Free Trade Agreement and all bilateral agreements entered into by the United States, as well as requests for binding agreement received from the United States Trade Representative. [PL 2009, c. 385, §1 (NEW).]

[PL 2009, c. 385, §1 (NEW).]2. State official prohibited from binding the State. If the United States Government provides

the State with the opportunity to consent to or reject binding the State to a trade agreement, or a provision within a trade agreement, then an official of the State, including but not limited to the Governor, may not bind the State or give consent to the United States Government to bind the State in those circumstances, except as provided in this section.[PL 2009, c. 385, §1 (NEW).]



3. Receipt of request for trade agreement. When a communication from the United States Trade Representative concerning a trade agreement provision is received by the State, the Governor shall submit a copy of the communication and the proposed trade agreement, or relevant provisions of the trade agreement, to the chairs of the commission, the President of the Senate, the Speaker of the House of Representatives, the Maine International Trade Center and the joint standing committees of the Legislature having jurisdiction over state and local government matters and business, research and economic development matters.[PL 2009, c. 385, §1 (NEW).]

4. Review by commission. The commission, in consultation with the Maine International Trade Center, shall review and analyze the trade agreement and issue a report on the potential impact on the State of agreeing to be bound by the trade agreement, including any necessary implementing legislation, to the Legislature and the Governor.[PL 2009, c. 385, §1 (NEW).]

5. Legislative approval of trade agreement required. Unless the Legislature by proper enactment of a law authorizes the Governor or another official of the State to enter into the specific proposed trade agreement, the State may not be bound by that trade agreement.[PL 2009, c. 385, §1 (NEW).]SECTION HISTORYPL 2009, c. 385, §1 (NEW).

CHAPTER 3

PEACEFUL USES OF ATOMIC ENERGY

SUBCHAPTER 1

GENERAL PROVISIONS

§51. Declaration of policy(REPEALED)SECTION HISTORYPL 1983, c. 345, §§1,14 (RP). §52. Definitions(REALLOCATED TO TITLE 38, SECTION 1402)SECTION HISTORYPL 1981, c. 439, §§1-4 (AMD). PL 1983, c. 345, §§2,14 (RAL). §53. Therapeutic or medicinal use not affected(REPEALED)SECTION HISTORYPL 1983, c. 345, §§3,14 (RP). §54. Construction(REPEALED)SECTION HISTORY



PL 1983, c. 345, §§3,14 (RP).

SUBCHAPTER 2

RESEARCH AND DEVELOPMENT

§101. Research for atomic industrial development(REPEALED)SECTION HISTORYPL 1971, c. 593, §§22,23 (AMD). PL 1973, c. 513, §22 (AMD). PL 1973, c. 537, §6 (AMD). PL 1973, c. 585, §12 (AMD). PL 1977, c. 604, §2 (RP). §102. Coordination of studies and development activities(REPEALED)SECTION HISTORYPL 1973, c. 537, §7 (AMD). PL 1975, c. 771, §§113-114 (AMD). PL 1977, c. 604, §3 (RP). §103. Duties of Human Services(REPEALED)SECTION HISTORYPL 1971, c. 423, §1 (AMD). PL 1979, c. 684, §§1,2 (AMD). PL 1981, c. 109, §§1,2 (AMD). PL 1983, c. 345, §§4,14 (RP). §104. Prevention of unnecessary radiation(REPEALED)SECTION HISTORYPL 1983, c. 345, §§5,14 (RP). §105. Registration fees(REPEALED)SECTION HISTORYPL 1979, c. 684, §3 (NEW). PL 1983, c. 345, §§6,14 (RP).

SUBCHAPTER 3

FEDERAL CONTROL AND COOPERATION

§151. Federal license or permit required(REPEALED)SECTION HISTORYPL 1983, c. 345, §§7,14 (RP). §151-A. Coordination and liaison with federal agencies(REPEALED)SECTION HISTORY



PL 1981, c. 439, §5 (NEW). PL 1983, c. 88, §1 (AMD). PL 1983, c. 345, §§8,14 (RP). PL 1985, c. 506, §A8 (AMD). §152. Contracts with federal agencies(REPEALED)SECTION HISTORYPL 1981, c. 439, §6 (RPR). PL 1983, c. 345, §§9,14 (RP). §153. Agreements and cooperative arrangements authorized(REPEALED)SECTION HISTORYPL 1981, c. 439, §7 (AMD). PL 1983, c. 345, §§10,14 (RP).

SUBCHAPTER 3-A

HIGH-LEVEL WASTES

§161. Intent(REPEALED)SECTION HISTORYPL 1981, c. 439, §8 (NEW). PL 1983, c. 381, §2 (RP). §162. Limitation(REPEALED)SECTION HISTORYPL 1981, c. 439, §8 (NEW). PL 1983, c. 381, §2 (RP). §163. Area studies(REPEALED)SECTION HISTORYPL 1981, c. 439, §8 (NEW). PL 1983, c. 381, §2 (RP). §164. Location studies(REPEALED)SECTION HISTORYPL 1981, c. 439, §8 (NEW). PL 1983, c. 381, §2 (RP). §165. Site selection(REPEALED)SECTION HISTORYPL 1981, c. 439, §8 (NEW). PL 1983, c. 381, §2 (RP). §166. On-site storage of spent fuel assemblies; limitations(REPEALED)SECTION HISTORY



PL 1981, c. 643 (NEW). PL 1983, c. 381, §2 (RP).

SUBCHAPTER 3-B

LOW-LEVEL RADIOACTIVE WASTES

§171. Purpose(REPEALED)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 381, §4 (RP). §172. Reporting(REPEALED)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 381, §4 (RP). §173. Geological characterization(REPEALED)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 381, §4 (RP). §174. Regional compacts(REPEALED)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 381, §4 (RP). PL 1983, c. 500, §1 (RAL). PL 1989, c. 502, §A26 (RP). §175. Low-level Waste Siting Commission(REALLOCATED TO TITLE 38, SECTION 1476)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 88, §2 (AMD). PL 1983, c. 381, §5 (RAL). §176. Low-level Waste Siting Fund(REALLOCATED TO TITLE 38, SECTION 1477)SECTION HISTORYPL 1981, c. 439, §9 (NEW). PL 1983, c. 88, §§3,4 (AMD). PL 1983, c. 381, §6 (RAL).

SUBCHAPTER 4

VIOLATIONS AND PENALTIES

§201. Penalties; injunctions(REPEALED)SECTION HISTORY



PL 1983, c. 345, §§11,14 (RP). §202. Injunctive relief(REPEALED)SECTION HISTORYPL 1983, c. 345, §§11,14 (RP). §203. Injunction proceedings(REPEALED)SECTION HISTORYPL 1983, c. 345, §§11,14 (RP).

CHAPTER 4

REQUIREMENTS FOR CERTIFICATION OF NUCLEAR POWER PLANTS BY THE PUBLIC UTILITIES COMMISSION

§251. Definitions(REALLOCATED TO TITLE 35, SECTION 3371)SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL). §252. Requirements prior to certification of nuclear power plants by the Public Utilities

Commission(REALLOCATED TO TITLE 35, SECTION 3372)SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL). §253. Power to certify(REALLOCATED TO TITLE 35, SECTION 3373)SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL). §254. Certification of nuclear power plants(REALLOCATED TO TITLE 35, SECTION 3374)SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL). §255. Commission action upon petition(REALLOCATED TO TITLE 35, SECTION 3375)SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL). §256. Commission action if power to grant certificates not granted(REALLOCATED TO TITLE 35, SECTION 3376)



SECTION HISTORYPL 1977, c. 355 (NEW). PL 1983, c. 345, §§12,14 (RAL).

CHAPTER 5

NEW ENGLAND INTERSTATE PLANNING COMPACT

§301. Compact entered into by State(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §302. Findings -- Article I(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §303. Purpose -- Article II(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §304. Creation of commission -- Article III(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). PL 1983, c. 812, §60 (AMD). PL 1989, c. 503, §B50 (AMD). MRSA T. 10 §318 (RP). §305. Membership -- Article IV(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §306. Functions -- Article V(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §307. Cooperation with the Federal Government and other Governmental Entities -- Article VI(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §308. Meetings and voting -- Article VII(REPEALED)



SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §309. Finances -- Article VIII(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). PL 1983, c. 812, §61 (AMD). MRSA T. 10 §318 (RP). §310. Administration and management -- Article IX(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §311. Other compacts and activities -- Article X(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §312. Enactment -- Article XI(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §313. Withdrawal -- Article XII(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §314. Construction and severability -- Article XIII(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §315. Appointment of state member -- Article XIV(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §316. Retirement coverage -- Article XV(REPEALED)SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §317. Renunciation -- XVI(REPEALED)



SECTION HISTORYPL 1967, c. 487 (NEW). MRSA T. 10 §318 (RP). §318. Repeal(REPEALED)SECTION HISTORYPL 1999, c. 668, §80 (NEW). MRSA T. 10 §318 (RP).

CHAPTER 7

PINE TREE PARTNERSHIP FUND

§351. Definitions(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1989, c. 552, §1 (AMD). PL 1995, c. 699, §2 (RP). §352. Fund established(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1995, c. 699, §2 (RP). §353. Board(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1991, c. 622, §S21 (RP). §354. Duties of board(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1995, c. 699, §2 (RP). §355. Grants(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1989, c. 552, §2 (AMD). PL 1995, c. 699, §2 (RP). §356. Purposes for which grants may be awarded(REPEALED)SECTION HISTORYPL 1985, c. 468, §2 (NEW). PL 1995, c. 699, §2 (RP). §357. Repeal(REPEALED)SECTION HISTORY



PL 1985, c. 468, §2 (NEW). PL 1989, c. 552, §3 (RP).

CHAPTER 9

ALLOCATION OF STATE CEILING ON TAX-EXEMPT BONDS

§361. DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the

following meanings. [PL 1985, c. 594, §1 (NEW).]1. Bond. "Bond" means a revenue obligation security, bond, note, debenture, certificate or other

evidence of indebtedness of the State or any political subdivision of the State.[PL 1985, c. 594, §1 (NEW).]

2. Carryforward. "Carryforward" means that portion of the state ceiling for any calendar year which is unallocated to specific bond issues during that calendar year and which is available to be carried forward to be used in later years under the United States Code, Title 26.[PL 1987, c. 413, §1 (AMD).]

3. Federal formula. "Federal formula" means the formula or formulas for allocation of the state ceiling now or hereafter established under the United States Code, Title 26.[PL 1985, c. 594, §1 (NEW).]

4. Solid waste energy project. "Solid waste energy project" means a project designed to convert solid waste to electricity or steam.[PL 1985, c. 594, §1 (NEW).]

5. State ceiling. "State ceiling" means the annual dollar volume cap on the issuance of tax-exempt bonds now or hereafter imposed on the State and its agencies and governmental subdivisions by the United States Code, Title 26.[PL 1985, c. 594, §1 (NEW).]

6. Tax-exempt bond. "Tax-exempt bond" means a bond the interest on which is not included in the gross income of the owners for federal income tax purposes pursuant to the United States Code, Title 26, Section 103.[PL 1987, c. 413, §2 (AMD).]SECTION HISTORYPL 1985, c. 594, §1 (NEW). PL 1987, c. 413, §§1,2 (AMD). §362. Legislative purpose

The Legislature finds and declares that the availability of financing through use of tax-exempt bonds is an effective and necessary tool for economic development, ensuring an adequate supply of affordable housing, providing for loans for higher education and promoting and improving the health, safety, welfare and quality of life of the people of the State. Because the availability of the financing is largely determined by the United States Internal Revenue Code and because there is a statewide need to assure that the limited amount of tax-exempt financing available is used in the most efficacious manner by issuers of bonds in the State to provide the greatest benefits to the State, the Legislature determines that the legislative purpose of promoting the best use of a limited resource can be best met by authorizing the Legislature and certain designated issuers of bonds to allocate available amounts of tax-exempt bond authority among issuers. This chapter is intended to apply to the federal formulas in effect on the effective date of this chapter, as well as to any unified volume limitation that may be enacted subsequently by the United States Congress. Any action by the designated issuers pursuant to



this chapter is expressly delegated to those issuers by the Legislature for purposes of determining whether such action is authorized by the United States Code, Title 26. [PL 1987, c. 413, §3 (AMD).]SECTION HISTORYPL 1985, c. 594, §1 (NEW). PL 1987, c. 413, §3 (AMD). §363. Allocation of the state ceiling(CONFLICT)

1. Formula and procedure. [PL 1987, c. 413, §4 (RP).]

1-A. Procedure. For each calendar year, the Legislature may establish a procedure for allocation of the entire amount of the state ceiling by allocating an amount of the state ceiling to the specific issuers designated in this section for further allocation by each specific issuer to itself or to other issuers for specific bond issues requiring an allocation of the state ceiling or for carryforward. This procedure supersedes the federal formula to the full extent that the United States Code, Title 26, authorizes the Legislature to vary the federal formula. Allocations may be reviewed by the Legislature periodically and unused allocations may be reallocated to other issuers; however, notwithstanding the existence of legislation allocating or reallocating all or any portion of the state ceiling, at any time during the period from September 1st to and including December 31st of any calendar year, and at any other time that the Legislature is not in session, a group consisting of a representative of each of the issuers specifically identified in subsections 4, 5, 6, 7, 8 and 8-A; and a representative of the Governor designated each year by the Governor may, by written agreement executed by no fewer than 5 of the 6 voting representatives, allocate amounts not previously allocated and reallocate unused allocations from one of the specific issuers designated in this section to another specific issuer for further allocation or carryforward, with respect to the state ceiling for that calendar year only. In no event may any issuer have more than one vote. If an issuer is allocated a portion of the state ceiling in more than one category, the written agreement must be executed by no fewer than 4 of the 6 voting representatives. Except for records containing specific and identifiable personal information acquired from applicants for or recipients of financial assistance, the records of the group of representatives described in this subsection are public records and the meetings of the group of representatives described in this subsection are public proceedings within the meaning of Title 1, chapter 13, subchapter 1.[PL 2005, c. 425, §22 (AMD).]

2. Allocations by the Governor and the Legislature. [PL 1987, c. 413, §4 (RP).]

2-A. (CONFLICT: Text as amended by PL 2019, c. 343, Pt. D, §11) Recommendation of Governor and issuers. At any time action of the Legislature under subsection 1-A is necessary or desirable, the Governor shall recommend to the appropriate committee of the Legislature a proposed allocation or reallocation of all or part of the state ceiling. To assist the Governor in making a recommendation of proposed allocations of the state ceiling on private activity bonds, the group of 7 representatives described in subsection 1-A shall make a recommendation regarding allocation or reallocation of the state ceiling. In order to assist the group in making its recommendation and to assist the Governor and the Legislature, the Department of Administrative and Financial Services, in consultation with the Governor's Office of Policy Innovation and the Future, shall prepare an annual analysis of the State's economic outlook, prevailing interest rate forecasts related to tax-exempt financing by the issuers specifically identified in subsections 4 to 8, the availability to those issuers of alternative financing from sources that do not require an allocation of the state ceiling and the relationship of these factors and various public policy considerations to the allocation or reallocation of the state ceiling. In recommending any allocation or reallocation of the state ceiling to the Legislature, the Governor shall consider the requests and recommendations of those issuers of bonds



within the State designated in this section, the recommendations of the group of representatives described in subsection 1-A and the annual analysis of the Department of Administrative and Financial Services.[PL 2019, c. 343, Pt. D, §11 (AMD).]

2-A. (CONFLICT: Text as amended by PL 2019, c. 343, Pt. IIII, §5) Recommendation of Governor and issuers. At any time action of the Legislature under subsection 1-A is necessary or desirable, the Governor shall recommend to the appropriate committee of the Legislature a proposed allocation or reallocation of all or part of the state ceiling. To assist the Governor in making a recommendation of proposed allocations of the state ceiling on private activity bonds, the group of 7 representatives described in subsection 1-A shall make a recommendation regarding allocation or reallocation of the state ceiling. In order to assist the group in making its recommendation and to assist the Governor and the Legislature, the Department of Administrative and Financial Services shall prepare an annual analysis of the State's economic outlook, prevailing interest rate forecasts related to tax-exempt financing by the issuers specifically identified in subsections 4 to 8, the availability to those issuers of alternative financing from sources that do not require an allocation of the state ceiling and the relationship of these factors and various public policy considerations to the allocation or reallocation of the state ceiling. In recommending any allocation or reallocation of the state ceiling to the Legislature, the Governor shall consider the requests and recommendations of those issuers of bonds within the State designated in this section, the recommendations of the group of representatives described in subsection 1-A and the annual analysis of the Department of Administrative and Financial Services.[PL 2019, c. 343, Pt. IIII, §5 (AMD).]

3. Emergency allocation. [PL 1987, c. 769, Pt. A, §41 (RP).]

4. Allocation to Maine State Housing Authority. That portion of the state ceiling allocated under this section to the category of bonds for housing or housing-related purposes must be allocated to the Maine State Housing Authority, which may further allocate that portion of the state ceiling to bonds for housing-related projects that require an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Maine State Housing Authority to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1-A.[PL 1999, c. 728, §3 (AMD).]

5. Allocation to the Treasurer of State. That portion of the state ceiling allocated under this section to the category of general obligation bonds of the State must be allocated to the Treasurer of State, who may further allocate that portion of the state ceiling to bonds of the State requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Treasurer of State to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1-A.[PL 1999, c. 728, §3 (AMD).]

6. Allocation to the Finance Authority of Maine. That portion of the state ceiling allocated to the category of bonds that are limited obligations of the issuer payable solely from the revenues of the projects financed with the proceeds of the bonds, other than for housing-related projects or issues included in an issue of the Maine Municipal Bond Bank, as well as that portion of the state ceiling allocated to bonds authorized to be issued by the Finance Authority of Maine pursuant to Title 20-A, chapter 417-B, must be allocated to the Finance Authority of Maine, which may further allocate that portion of the state ceiling to bonds requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Finance Authority of



Maine to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1-A.[PL 1999, c. 728, §4 (AMD).]

7. Allocation to the Maine Municipal Bond Bank. That portion of the state ceiling allocated to the category of bonds that are general obligations of issuers within the State, other than the State; that are included in bond issues of the Maine Municipal Bond Bank; that are included in bond issues of the Maine Public Utility Financing Bank; or that are qualified redevelopment bonds as defined in the United States Code, Title 26, must be allocated to the Maine Municipal Bond Bank, which may further allocate that portion of the state ceiling to bonds requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Maine Municipal Bond Bank to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1-A.[PL 1999, c. 728, §5 (AMD).]

8. Additional allocation to the Finance Authority of Maine pursuant to Title 20-A, chapter 417-A. That portion of the state ceiling allocated to the issuance of bonds by the Finance Authority of Maine pursuant to Title 20-A, chapter 417-A must be allocated to the Finance Authority of Maine.

A. Prior to issuing loans funded through an allocation of the state ceiling for the issuance of education loans under this section, an issuer or lender must provide to the appropriate agency within the Department of Professional and Financial Regulation examples of the disclosures to be made to loan recipients or obligors. The information must be provided to the Bureau of Financial Institutions if the issuer or lender is a financial institution or credit union established pursuant to state or federal law or to the Bureau of Consumer Credit Protection for all other issuers or lenders. This information must be provided to the appropriate agency within the Department of Professional and Financial Regulation upon request, or in the course of an examination of the issuer or lender by the agency, and must include a description of any interest rate or other discounts offered that clearly identifies all of the terms and conditions of obtaining any discount, a projection of the approximate number or percentage of loan obligors who are likely to benefit from the discounts and any other disclosures pursuant to guidelines established by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection for the issuance of education loans that would benefit from an allocation of the state ceiling. The Bureau of Financial Institutions and the Bureau of Consumer Credit Protection shall jointly adopt, to the extent allowed by law, rules to carry out the provisions of this paragraph by establishing uniform disclosure requirements and sanctions for noncompliance. Rules adopted pursuant to this paragraph are routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A. All information provided to the appropriate agencies within the Department of Professional and Financial Regulation must include the source of the information and the basis for any projections. [PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).]B. [PL 1999, c. 443, §2 (NEW); MRSA T. 10 §363, sub-§8, ¶ B (RP).]B-1. All education loans made under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28 that are purchased or originated with proceeds of tax-exempt bonds using a portion of the state ceiling on private activity bonds must be guaranteed by the state agency designated as administrator of federal guaranteed student loan programs pursuant to Title 20-A, chapter 417, subchapter 1, except that this requirement does not apply to serial loans of a borrower that are guaranteed by a different guarantee agency and acquired or financed with tax-exempt bond proceeds prior to the effective date of this paragraph. The state agency designated as administrator of federal guaranteed student loan programs pursuant to Title 20-A, chapter 417, subchapter 1 shall use its best efforts to provide competitive rates for the guarantee function. [PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).]

[PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).]



8-A. Allocations to issuer of bonds for purchase of education loans. That portion of the state ceiling allocated to the categories of bonds providing funds for the purposes of an entity designated pursuant to Title 20-A, section 11407, must be allocated to the entity designated pursuant to Title 20-A, section 11407.

A. Prior to issuing loans funded through an allocation of the state ceiling for the issuance of education loans, an issuer or lender must provide to the appropriate agency within the Department of Professional and Financial Regulation examples of the disclosures to be made to loan recipients or obligors. The information must be provided to the Bureau of Financial Institutions, Department of Professional and Financial Regulation if the issuer or lender is a financial institution or credit union established pursuant to state or federal law or to the Bureau of Consumer Credit Protection, Department of Professional and Financial Regulation for all other issuers or lenders. This information must be provided to the appropriate agency within the Department of Professional and Financial Regulation upon request, or in the course of an examination of the issuer or lender by the agency, and must include a description of any interest rate or other discounts offered that clearly identifies all of the terms and conditions of obtaining any discount, a projection of the approximate number or percentage of loan obligors who are likely to benefit from the discounts and any other disclosures pursuant to guidelines established by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection for the issuance of education loans that would benefit from an allocation of the state ceiling. The Bureau of Financial Institutions and the Bureau of Consumer Credit Protection shall jointly adopt, to the extent allowed by law, rules to carry out the provisions of this paragraph by establishing uniform disclosure requirements and sanctions for noncompliance. Rules adopted pursuant to this paragraph are routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A. All information provided to the appropriate agencies within the Department of Professional and Financial Regulation must include the source of the information and the basis for any projections. [PL 2003, c. 112, §3 (NEW); PL 2007, c. 273, Pt. B, §5 (REV); PL 2007, c. 695, Pt. A, §47 (AFF).]B. [PL 2007, c. 520, §1 (RP).]

[PL 2007, c. 520, §1 (AMD); PL 2007, c. 695, Pt. A, §47 (AFF).]9. Use of carryforward. In the event that any issuer has made a carryforward election under the

United States Code, Title 26, Section 146(f), as amended, the issuer shall use, to the extent possible and consistent with the purpose for which the carryforward was elected, the carryforward for issues subject to the state ceiling prior to allocating any portion of the state ceiling for the applicable calendar year to the issue. To the extent permitted by federal law, a group consisting of a representative of each of the issuers specifically identified in subsections 4 to 7; a representative of a corporation created pursuant to former Title 20, section 2237 and Title 20-A, section 11407; and a representative of the Governor designated each year by the Governor may reallocate, by written agreement executed by no fewer than 4 of the 5 voting representatives, carryforward amounts from one of the specific issuers designated in this section to another specific issuer.[PL 1999, c. 728, §7 (AMD).]

10. Allocation for benefit of State. All of the allocation of the state ceiling must be used for a purpose that benefits individuals, communities or businesses in this State. For purposes of this subsection, a bond issuance is presumed to benefit individuals, communities or businesses in this State if it benefits business operations located in this State, residents of this State, students attending institutions of higher education in this State, residents of this State attending institutions of higher education outside this State, municipalities in this State or programs predominantly for the provision of benefits for residents of this State. A student eligible to receive the benefit of a portion of the state ceiling remains eligible for student loans notwithstanding any changes in residency or institution attended.[PL 2007, c. 520, §2 (AMD).]



11. Annual review. [PL 2017, c. 234, §2 (RP).]SECTION HISTORYPL 1985, c. 594, §1 (NEW). PL 1987, c. 3, §§1,2 (AMD). PL 1987, c. 413, §4 (RPR). PL 1987, c. 668, §1 (AMD). PL 1987, c. 769, §§A41,A42 (AMD). PL 1987, c. 807, §2 (AMD). PL 1989, c. 224, §§1,2 (AMD). PL 1989, c. 502, §A27 (AMD). PL 1989, c. 812, §1 (AMD). PL 1991, c. 603, §2 (AMD). PL 1993, c. 671, §1 (AMD). PL 1999, c. 443, §§1-4 (AMD). PL 1999, c. 728, §§1-8 (AMD). PL 1999, c. 728, §20 (AFF). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF). PL 2003, c. 112, §§1-3 (AMD). PL 2003, c. 385, §1 (AMD). PL 2005, c. 425, §22 (AMD). PL 2007, c. 273, Pt. B, §5 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 520, §§1, 2 (AMD). PL 2007, c. 695, Pt. A, §47 (AFF). PL 2011, c. 655, Pt. DD, §8 (AMD). PL 2011, c. 655, Pt. DD, §24 (AFF). PL 2015, c. 170, §5 (AMD). PL 2015, c. 170, §30 (AFF). PL 2017, c. 234, §2 (AMD). PL 2019, c. 343, Pt. D, §11 (AMD). PL 2019, c. 343, Pt. IIII, §5 (AMD).

CHAPTER 11

KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM

§371. DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the

following meanings. [PL 1987, c. 817, §2 (NEW).]1. Board. "Board" means the Kim Wallace Adaptive Equipment Loan Program Fund Board.

[PL 1999, c. 731, Pt. FF, §3 (AMD).]2. Fund. "Fund" means the Kim Wallace Adaptive Equipment Loan Program Fund.

[PL 1999, c. 731, Pt. FF, §3 (AMD).]3. Qualifying borrower. "Qualifying borrower" means any individual, for-profit or nonprofit

corporation or partnership which demonstrates that the loan will assist one or more persons with disabilities to improve their independence or become more productive members of the community. The individual, corporation or partnership must demonstrate credit worthiness and repayment abilities to the satisfaction of the board.[PL 1989, c. 191, §1 (AMD).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 1989, c. 191, §1 (AMD). PL 1999, c. 731, §FF3 (AMD). §372. Fund established

1. Creation of fund. There is established the Kim Wallace Adaptive Equipment Loan Program Fund, which must be used to provide funding for loans to qualified borrowers within the State in order to acquire adaptive equipment designed to assist the borrower in becoming independent and for other purposes as allowed under section 376. The fund must be deposited with and maintained by the Treasurer of State or other state agency and contain appropriations provided for that purpose, interest accrued on the fund balance, funds received by the board to be applied to the fund and funds received in repayment of loans. The Treasurer of State may make disbursements only upon written direction from the board. This fund is a nonlapsing revolving fund. All money in the fund must be continuously applied to carry out the purposes of this chapter.[PL 2019, c. 166, §1 (AMD).]



2. Administrative expenses. Costs and expenses of maintaining, servicing and administering the Kim Wallace Adaptive Equipment Loan Program Fund established by this chapter may be paid out of amounts in the fund.[PL 1999, c. 731, Pt. FF, §4 (AMD).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 1999, c. 731, §FF4 (AMD). PL 2003, c. 99, §1 (AMD). PL 2005, c. 191, §1 (AMD). PL 2015, c. 412, §1 (AMD). PL 2019, c. 166, §1 (AMD). §373. Board

1. Establishment; membership. There is established the Kim Wallace Adaptive Equipment Loan Program Fund Board that consists of 9 members as follows: the Director of the Bureau of Rehabilitation Services or the director's designee; the Treasurer of State or the Treasurer of State's designee; an experienced consumer lender; a certified public accountant; and 5 persons with a range of disabilities, all nondesignated members to be appointed by the Governor. The board shall annually elect a chair from among its members.[PL 1999, c. 731, Pt. FF, §5 (AMD).]

2. Terms. The members appointed by the Governor serve for terms of 4 years. All other members serve during their tenure in the position that they represent on the board. Any vacancy is filled in the same manner as the original appointment for the unexpired term of that position. Members appointed by the Governor upon completion of the terms of the initial members are appointed as follows:

A. One member for one year; [PL 1991, c. 871, §1 (NEW).]B. Two members for 2 years; [PL 1991, c. 871, §1 (NEW).]C. Two members for 3 years; and [PL 1991, c. 871, §1 (NEW).]D. Two members for 4 years. [PL 1991, c. 871, §1 (NEW).]

Thereafter, the terms of office of members appointed by the Governor are for 4 years.[PL 1991, c. 871, §1 (AMD).]

3. Compensation. Members shall be compensated according to Title 5, chapter 379.[PL 1987, c. 817, §2 (NEW).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 1989, c. 276 (AMD). PL 1991, c. 871, §1 (AMD). PL 1995, c. 322, §3 (AMD). PL 1995, c. 519, §3 (AMD). PL 1997, c. 489, §1 (AMD). PL 1999, c. 731, §FF5 (AMD). §374. Duties of board

The board has the following powers and duties. [PL 2015, c. 412, §2 (AMD).]1. Receipt of money and property. The board may accept and receive gifts, grants, bequests or

devises from any source, including funds from the Federal Government or any of its political subdivisions.[PL 1987, c. 817, §2 (NEW).]

2. Contracts. The board may, with the approval of the Governor, enter into any necessary contracts and agreements with appropriate entities.[PL 2015, c. 412, §2 (AMD).]

3. Administer loan program. The board shall administer the Kim Wallace Adaptive Equipment Loan Program Fund established by this chapter and may contract with appropriate entities for such assistance in administering the program as the board may require. The board may employ persons, including private legal counsel and financial experts, on either a temporary or permanent basis, in order



to carry out any of its powers and duties. Employees of the board are not subject to Title 5, chapter 71 and Title 5, chapter 372, subchapter 2.[PL 2015, c. 412, §2 (AMD).]

4. Rules. The board may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. The rules must ensure that:

A. Individuals and business entities are eligible for loans; and [PL 2015, c. 412, §2 (AMD).]B. A preference is given for loans to qualifying individual borrowers seeking loans to acquire adaptive equipment for personal, family or household purposes. [PL 2015, c. 412, §2 (AMD).]C. [PL 2005, c. 191, §3 (RP).]D. [PL 2015, c. 412, §2 (RP).]

[PL 2015, c. 412, §2 (AMD).]5. Loan awards. Loan applications may be approved or denied by the board or by an entity with

which the board has contracted to provide financial services pursuant to subsection 2, referred to in this subsection as "the financial services provider," and appeals from denials may be made to the board in accordance with this subsection.

A. The board or the financial services provider shall approve all loan applications that meet the following criteria:

(1) The application is consistent with the underwriting guidelines proposed by the financial services provider and approved at least annually by the board; and(2) The loan will be used for a purpose established in section 376. [PL 2015, c. 412, §2 (NEW).]

B. The financial services provider shall submit a report to the board at least monthly identifying the number of loan applications received and the number of applications approved and denied during the period covered by the report as well as the number of applications for which no decision has yet been rendered. [PL 2015, c. 412, §2 (NEW).]C. A loan applicant may appeal a denial by the financial services provider to the board by submitting a written notice to the financial services provider within 30 days of the date of the denial. The financial services provider shall notify the board of the appeal and provide the board with copies of the application at the next regularly scheduled board meeting. The board shall grant the appeal if it finds that the financial services provider inappropriately applied the criteria in paragraph A. [PL 2015, c. 412, §2 (NEW).]

[PL 2015, c. 412, §2 (NEW).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 1997, c. 489, §2 (AMD). PL 1999, c. 731, §FF6 (AMD). PL 2005, c. 191, §§2-4 (AMD). PL 2015, c. 412, §2 (AMD). §375. Loans

1. Demonstration of purpose of loan. The board may enter into loan agreements with any qualifying borrower and exercise all powers of a lender or creditor. Loan security may include the acquisition, use, management, improvement or disposition of any interest in, or type of, real or personal property, including grant, purchase, sale, borrow, loan, lease, foreclosure, mortgage, assignment or other lawful means, with or without public bidding and also including the assessment of fees, the forgiveness of indebtedness, the receipt of reimbursements for expenses incurred in carrying out its purposes and the expenditure or investment of its funds. The borrower must demonstrate that:



A. The loan will assist one or more persons with disabilities to improve their independence or become more productive members of the community; and [PL 1987, c. 817, §2 (NEW).]B. The applicant has the ability to repay the loan. [PL 1987, c. 817, §2 (NEW).]

[PL 2005, c. 191, §5 (AMD).]2. Loan limit. Any necessary loan limitation shall be determined by the board.

[PL 1987, c. 817, §2 (NEW).]3. Terms. All loans must be repaid within such terms and at such interest rates as the board may

determine to be appropriate in accordance with guidelines established by rulemaking pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.[PL 1987, c. 817, §2 (NEW).]

4. Distribution. [PL 1997, c. 489, §3 (RP).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 1989, c. 191, §2 (AMD). PL 1997, c. 489, §3 (AMD). PL 2005, c. 191, §5 (AMD). §376. Purposes for which loans may be awarded

The board or an entity with which the board has contracted to provide financial services pursuant to section 374, subsection 2 may award loans to qualifying borrowers for the following purposes: [PL 2015, c. 412, §3 (AMD).]

1. Individual independence. To assist one or more persons with disabilities to improve their independence through the purchase of adaptive equipment;[PL 2003, c. 99, §2 (AMD).]

2. Productive members of community. To assist one or more persons with disabilities to become more independent members of the community and improve quality of life within the community through the purchase of adaptive equipment; and[PL 2003, c. 99, §2 (AMD).]

3. Transportation assistance. For the purpose set forth in section 377.[PL 2005, c. 191, §6 (AMD).]SECTION HISTORYPL 1987, c. 817, §2 (NEW). PL 2003, c. 99, §2 (AMD). PL 2005, c. 191, §6 (AMD). PL 2015, c. 412, §3 (AMD). §377. Loans for transportation assistance program

The board or an entity with which the board has contracted to provide financial services pursuant to section 374, subsection 2 may award loans for the purpose of assisting persons with disabilities to purchase used vehicles necessary to obtain or retain employment or employment training, subject to the following limitations. [PL 2015, c. 412, §4 (AMD).]

1. Qualifications of borrower. A loan may be made under this section only to a qualifying borrower who meets the other requirements of this chapter and who demonstrates a need for a vehicle as part of an individualized plan toward employment developed with a state or community-based organization that provides employment services to persons with disabilities and that is approved by the board.[PL 2003, c. 99, §3 (NEW).]

2. Limitation on loan amount.



[PL 2005, c. 191, §7 (RP).]3. Aggregate amount of loans. The maximum aggregate amount of loans issued under this section

may not exceed 7% of the value of program gross notes receivable.[PL 2005, c. 191, §7 (AMD).]

4. Repeal. [PL 2005, c. 191, §7 (RP).]SECTION HISTORYPL 2003, c. 99, §3 (NEW). PL 2005, c. 191, §7 (AMD). PL 2015, c. 412, §4 (AMD).

CHAPTER 13

SMALL ENTERPRISE GROWTH PROGRAM

§381. Small Enterprise Growth Program establishedThere is established the Small Enterprise Growth Program. [PL 1995, c. 699, §3 (NEW).]

SECTION HISTORYPL 1995, c. 699, §3 (NEW). §382. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 699, §3 (NEW).]

1. Board. "Board" means the Small Enterprise Growth Board.[PL 1995, c. 699, §3 (NEW).]

2. Fund. "Fund" means the Small Enterprise Growth Fund.[PL 1995, c. 699, §3 (NEW).]

3. Program. "Program" means the Small Enterprise Growth Program, which encompasses the Small Enterprise Growth Fund and any side fund created by the board.[PL 2009, c. 475, §1 (AMD).]

3-A. Program funds. "Program funds" means the Small Enterprise Growth Fund and any side funds created by the board.[PL 2009, c. 475, §2 (NEW).]

4. Qualifying small business. "Qualifying small business" means, for the purpose of an initial disbursement by the board under section 388, a business employing 50 or fewer employees or having gross sales not exceeding $5,000,000 within the most recent 12 months for which financial statements are available. For the purpose of a subsequent disbursement, "qualifying small business" means a business to which the board has previously made a disbursement and that, in the judgment of the board, evidences continued potential for high growth.[PL 2001, c. 541, §1 (AMD).]

5. Side fund. "Side fund" means a fund other than the Small Enterprise Growth Fund administered by the board that is invested as determined by the board.[PL 2009, c. 475, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 1999, c. 504, §2 (AMD). PL 2001, c. 541, §1 (AMD). PL 2009, c. 475, §§1-3 (AMD).



§383. Program funds established1. Creation of fund. There is established the Small Enterprise Growth Fund, which is a revolving

fund used to provide funding for disbursements to qualifying small businesses in the State seeking to pursue an eligible project. The fund must be deposited with and maintained and administered by the Finance Authority of Maine and consists of appropriations provided for that purpose, interest accrued on the fund balance, funds received by the board to be applied to the fund, all funds remaining in the Pine Tree Partnership Fund and any funds received from repayment, interest, royalties, equities or other interests in business enterprises, products or services. The fund is a nonlapsing fund.[PL 1995, c. 699, §3 (NEW).]

1-A. Creation of side funds. The board may create one or more side funds for placement of certain funds received by the board. A side fund may be structured as a revolving fund in addition to the Small Enterprise Growth Fund or as a fund in which the investor will have funds drawn and returned over an agreed time period.[PL 2009, c. 475, §4 (NEW).]

2. Administrative expenses. Costs and expenses of maintaining and servicing program funds and administering the Small Enterprise Growth Program established by this chapter may be paid out of amounts in the program funds.[PL 2009, c. 475, §4 (AMD).]

3. Management fees. The board may charge and accept management fees for management of money placed in program funds other than money placed directly by the State.[PL 2009, c. 475, §4 (NEW).]

4. Agreements. The board may enter into an agreement or contract with a 3rd party for investment in a side fund. The board may allocate ownership in a side fund through the agreement. The board may also repay money received and return profits according to terms in the agreement. The board may create a formula or terms for the sharing of profits on a side fund in the agreement.[PL 2009, c. 475, §4 (NEW).]

5. Profits. The profits on a side fund retained by the board must be contributed to the fund.[PL 2009, c. 475, §4 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 2009, c. 475, §4 (AMD). §384. Board

1. Establishment; membership. There is established as a body corporate and politic and a public instrumentality of the State the Small Enterprise Growth Board, which consists of 11 members appointed by the Governor as follows:

A. An experienced commercial lender; [PL 1995, c. 699, §3 (NEW).]B. An attorney with knowledge of securities law; [PL 1995, c. 699, §3 (NEW).]C. Five members of the public who have knowledge and experience in managing or investing in high-growth small businesses; [PL 1995, c. 699, §3 (NEW).]D. Three members of the public who have knowledge and experience in the development of technological innovation; and [PL 1995, c. 699, §3 (NEW).]E. The Commissioner of Economic and Community Development or the commissioner's designee, who shall serve as a voting ex officio member of the board. [PL 1995, c. 699, §3 (NEW).]

[PL 2005, c. 425, §23 (AMD).]2. Chair. The board shall annually elect a chair from among its members.



[PL 1995, c. 699, §3 (NEW).]3. Terms. The members other than the Commissioner of Economic and Community Development

or the commissioner's designee serve for 2-year terms and may be reappointed for up to 3 consecutive terms. A member may serve for more than 3 2-year terms if the terms are not consecutive.[PL 1999, c. 504, §3 (AMD).]

4. Compensation. Members are entitled to compensation in accordance with Title 5, chapter 379.[PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 1999, c. 504, §3 (AMD). PL 2005, c. 425, §23 (AMD). §385. Duties of board

The board has the following powers and duties. [PL 1995, c. 699, §3 (NEW).]1. Receipt of money and property. The board may accept and receive gifts, grants, investments,

bequests or devises from any source, including funds from the Federal Government or any subdivision of the Federal Government.[PL 1995, c. 699, §3 (NEW).]

2. Administer program. The board must administer the Small Enterprise Growth Program and may contract with the Finance Authority of Maine, financial institutions, educational institutions, business enterprises, nonprofit institutions and organizations or individuals for such assistance in administering the program as the board may require.[PL 1995, c. 699, §3 (NEW).]

3. Ownership interests. The board may hold an ownership interest in a private enterprise when it is determined by the board that such an interest is necessary or desirable in order for the fund to obtain a reasonable return on its investment in the private enterprise.[PL 1999, c. 504, §4 (AMD).]

4. Rules. The board may adopt rules, in accordance with the Maine Administrative Procedure Act, to carry out this chapter.[PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 1999, c. 504, §4 (AMD). §386. Eligible projects

In order for a qualifying small business to be eligible for financial assistance under the program, the following criteria must be met. [PL 1995, c. 699, §3 (NEW).]

1. Engagement; involvement. The qualifying small business must be engaged in or involve at least one of the following:

A. Marine science; [PL 1995, c. 699, §3 (NEW).]B. Biotechnology; [PL 1995, c. 699, §3 (NEW).]C. Manufacturing; [PL 1995, c. 699, §3 (NEW).]D. Export of goods or services to locations outside the State or activities that result in significant amounts of capital being imported into the State; [PL 1995, c. 699, §3 (NEW).]E. Software development; [PL 1995, c. 699, §3 (NEW).]F. Provision or development of environmental services or technologies; [PL 1995, c. 699, §3 (NEW).]



G. Provision or development of financial or insurance products or services; [PL 1995, c. 699, §3 (NEW).]H. Production of value-added goods from natural resources; or [PL 1995, c. 699, §3 (NEW).]I. Other enterprises that the board determines will further the purposes and intent of the program, including, but not limited to, retail sales, tourism and agricultural production. [PL 1995, c. 699, §3 (NEW).]

[PL 1995, c. 699, §3 (NEW).]2. Growth; public benefit. The qualifying small business must demonstrate the potential for high

growth and public benefit.[PL 1995, c. 699, §3 (NEW).]

3. Need for assistance. The qualifying small business must provide evidence of each of the following:

A. Commitment of all reasonably available resources to the project; [PL 1995, c. 699, §3 (NEW).]B. A need for financial assistance from the fund to realize its projected growth and achievement of public benefits; and [PL 1995, c. 699, §3 (NEW).]C. [PL 1999, c. 504, §5 (RP).]

[PL 1999, c. 504, §5 (AMD).]4. Financing plan. The qualifying small business must submit a financing plan as part of an

overall business plan. The proposed financing plan must include adequate mechanisms to monitor the accomplishment of the business plan as proposed.[PL 1995, c. 699, §3 (NEW).]

The disbursement may not be used to make distributions to or for the benefit of an owner of the business borrowing from the fund or a related entity. [PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 1999, c. 504, §5 (AMD). §387. Review of applications

In order to effectively review and process applications under the program, the board may delegate the authority to deny applications for disbursements from the fund to one or more subcommittees of the members. Such delegation may provide that the action of the subcommittee constitutes final agency action. The board may delegate authority to recommend approval of applications, but final approval may be given only by the board. [PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). §388. Financing terms and conditions

Disbursements may be made from program funds under the following terms and conditions. [PL 1995, c. 699, §3 (NEW).]

1. Disbursements. Initial disbursements may not exceed $500,000 to a qualifying small business, including an affiliated entity. An initial disbursement plus any subsequent disbursements in the aggregate to a qualifying small business may not exceed an amount equal to 10 percent of the capitalization of the fund from all appropriations received for application to the fund, plus any funds received from repayment, interest, royalties, equities or other interests in business enterprises, products or services to the extent the repayment, interest, royalties, equities or other interests are in excess of the amount initially invested in the business making the payments, plus interest accrued on the fund balance



and other funds received by the board to be applied to the fund. The board shall report annually by December 20th of each year to the joint standing committee of the Legislature having jurisdiction over business and economic development matters on all disbursements made under this subsection.[PL 2001, c. 541, §2 (AMD).]

2. Provide evidence. The qualifying small business shall provide evidence satisfactory to the board that the small business has obtained or will obtain, prior to the board's disbursement, matching funds in an amount at least equal to the board's investment in the form of debt or equity that is at risk in the small business.[PL 1999, c. 504, §7 (RPR).]

3. Agreement. The board must enter into an agreement with the recipient of the disbursement setting forth the terms of repayment of the fund's investment in the recipient. This agreement may include such terms and conditions as the board determines will provide a reasonable return on its investment taking into consideration the risk of the investment. These terms and conditions may include one or more of the following:

A. Repayment of the full amount disbursed; [PL 1999, c. 504, §7 (NEW).]B. Payment of interest based on the board's assessment of the risk of the investment; [PL 1999, c. 504, §7 (NEW).]C. Payment of return based on the board's ownership interest in the recipient; [PL 1999, c. 504, §7 (NEW).]D. Flexible payments based on the financial success of the recipient; [PL 1999, c. 504, §7 (NEW).]E. Royalties or additional payments based on sales, net cash flow or other financial measures; [PL 1999, c. 504, §7 (NEW).]F. Rights to equity in the enterprise in the form of warrants or similar rights; or [PL 1999, c. 504, §7 (NEW).]G. Such other terms and conditions as the board determines are appropriate for the investment. [PL 1999, c. 504, §7 (NEW).]

[PL 1999, c. 504, §7 (RPR).]4. Report. The board shall require that each disbursement recipient report to the board at least

annually on each of the following factors:A. Financial performance; [PL 1995, c. 699, §3 (NEW).]B. Job creation; [PL 1995, c. 699, §3 (NEW).]C. Technological progress; [PL 1995, c. 699, §3 (NEW).]D. Market progress; and [PL 1995, c. 699, §3 (NEW).]E. Any other factors as the board may require. [PL 1995, c. 699, §3 (NEW).]

[PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). PL 1999, c. 504, §§6,7 (AMD). PL 2001, c. 541, §2 (AMD). §389. Cooperation and coordination

The University of Maine System, the Small Business Development Center Program, the Maine World Trade Association and the Maine Science and Technology Foundation shall provide such support and assistance as the board may request, within the expertise of each. [PL 1995, c. 699, §3 (NEW).]



SECTION HISTORYPL 1995, c. 699, §3 (NEW). §390. Conflicts of interest

Notwithstanding Title 5, section 18, subsection 1, paragraph B, each member of the board, and each employee, contractor, agent or other representative of the board is deemed an "executive employee" solely for purposes of Title 5, section 18, and for no other purpose. Title 17, section 3104 does not apply to any of those representatives. If a member does not participate in an action or deliberation with respect to a particular project, that member is presumed not to have personally and substantially participated in a decision of the board with respect to that project. Every interest of a board member in any matter before the board must be disclosed to the board in writing. [PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). §391. Disclosure and confidentiality of records

1. Disclosure required. Notwithstanding subsections 2 and 3, and except as provided in paragraph F, the board shall make available the following records, either to any person upon a request that reasonably describes the records to which access is sought or, if no request is made, in any manner and at any time that the board may determine:

A. After a written application or proposal for financial assistance or property transfer has been filed in a form specified by or acceptable to the board:

(1) Names of recipients of or applicants for financial assistance, including principals, where applicable;(2) Amounts, types and general terms of financial assistance provided to those recipients or requested by those applicants;(3) Description of projects and businesses benefiting or to benefit from the financial assistance;(4) Names of transferors or transferees, including principals, of property to or from the board, the general terms of transfer and the purposes for which transferred property will be used; and(5) Number of jobs and the amount of tax revenues projected and resulting from a project; [PL 1995, c. 699, §3 (NEW).]

B. Any information pursuant to a waiver determined satisfactory by the board; [PL 1995, c. 699, §3 (NEW).]C. Information that, as determined by the board, has already been made available to the public; and [PL 1995, c. 699, §3 (NEW).]D. Information necessary to comply with Title 1, section 407, subsection 1. [PL 1995, c. 699, §3 (NEW).]

The board shall provide to a legislative committee the information or records specified in a written request signed by the chair of that legislative committee. The information or records may be used only for the lawful purposes of the committee and in any action arising out of any investigation conducted by it.[PL 1995, c. 699, §3 (NEW).]

2. Confidential information. The following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A:

A. Any record obtained or developed by the board prior to receipt of a written application or proposal, in a form specified by or acceptable to the board, for financial assistance to be provided



by or with the assistance of the board or in connection with a transfer of property to or from the board. After receipt by the board of the application or proposal, a record pertaining to the application or proposal may not be considered confidential unless it is confidential under another provision of this subsection; [PL 1995, c. 699, §3 (NEW).]B. Any record obtained or developed by the board that:

(1) A person, including the board, to whom the record belongs or pertains has requested be designated confidential; and(2) The board has determined contains information that gives the owner or a user an opportunity to obtain business or competitive advantage over another person who does not have access to the information, except through board records, or access to which by others would result in a business or competitive disadvantage, loss of business or other significant detriment, other than loss or denial of financial assistance from the board in the case of a person other than the board, to any person to whom the record belongs or pertains; [PL 1995, c. 699, §3 (NEW).]

C. Any financial statement or tax return of an individual or any other record obtained or developed by the board the disclosure of which would constitute an invasion of personal privacy, as determined by the board; [PL 1995, c. 699, §3 (NEW).]D. Any record, including any financial statement or tax return obtained or developed by the board in connection with any monitoring or servicing activity by the board, pertaining to any financial assistance provided or to be provided by or with the assistance of the board; [PL 1995, c. 699, §3 (NEW).]E. Any record obtained or developed by the board that contains an assessment by a person who is not employed by the board of the creditworthiness or financial condition of any person or project; and [PL 1995, c. 699, §3 (NEW).]F. Any financial statement or business and marketing plan in connection with any project receiving or to receive financial assistance from the board, if a person to whom the statement or plan belongs or pertains has requested that the record be designated confidential. [PL 1995, c. 699, §3 (NEW).]

[PL 1995, c. 699, §3 (NEW).]3. Wrongful disclosure prohibited. A member, officer, employee, agent, other representative of

the board or other person may not knowingly divulge or disclose records declared confidential by this section, except that the board may, in its discretion, make or authorize any disclosure of information of the following types or under the following circumstances:

A. Impersonal, statistical or general information; [PL 1995, c. 699, §3 (NEW).]B. If necessary in connection with processing any application for, obtaining or maintaining financial assistance for any person or in connection with acquiring, maintaining or disposing of property; [PL 1995, c. 699, §3 (NEW).]C. To a financing institution or credit reporting service; [PL 1995, c. 699, §3 (NEW).]D. Information necessary to comply with any federal or state law or rule or with any agreement pertaining to financial assistance; [PL 1995, c. 699, §3 (NEW).]E. If necessary to ensure collection of any obligation in which it has or may have an interest; [PL 1995, c. 699, §3 (NEW).]F. In any litigation or proceeding in which the board has appeared, introduction for the record of any information obtained from records declared confidential by this section; and [PL 1995, c. 699, §3 (NEW).]



G. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as the order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as the order appears on its face or otherwise to have been issued or made upon lawful authority. [PL 1995, c. 699, §3 (NEW).]

[PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW). §392. Governmental function

The board shall administer and exercise the authority granted to it by this chapter. The carrying out of its powers and duties is considered the performance of an essential governmental function. [PL 1995, c. 699, §3 (NEW).]SECTION HISTORYPL 1995, c. 699, §3 (NEW).

CHAPTER 14

CLEAN CAR INCENTIVES PILOT PROGRAM

§393. Definitions(REPEALED)SECTION HISTORYPL 1999, c. 684, §1 (NEW). PL 2001, c. 367, §1 (AMD). PL 2001, c. 714, §JJ1 (RP). §394. High-pollution Vehicle Retirement Pilot Program established(REPEALED)SECTION HISTORYPL 1999, c. 684, §1 (NEW). PL 2001, c. 367, §2 (AMD). PL 2001, c. 714, §JJ1 (RP). §395. Repeal(REPEALED)SECTION HISTORYPL 1999, c. 684, §1 (NEW). PL 2001, c. 714, §JJ1 (RP).

PART 2

BUILDING AND DEVELOPMENT

CHAPTER 101

DEPARTMENT OF COMMERCE AND INDUSTRY

SUBCHAPTER 1

ORGANIZATION



§401. Commissioner(REPEALED)SECTION HISTORYPL 1967, c. 490, §5 (AMD). PL 1969, c. 504, §18 (AMD). PL 1971, c. 584, §1 (AMD). PL 1975, c. 481, §4 (RP). §402. -- Powers and duties(REPEALED)SECTION HISTORYP&SL 1969, c. 197, §D3 (AMD). PL 1969, c. 442, §1 (AMD). PL 1971, c. 234 (AMD). PL 1975, c. 481, §4 (RP). §403. Cooperation with others(REPEALED)SECTION HISTORYPL 1969, c. 442, §2 (AMD). PL 1975, c. 481, §4 (RP). §404. Advisory council(REPEALED)SECTION HISTORYPL 1973, c. 254 (AMD). PL 1975, c. 481, §4 (RP). §405. -- Duties and privileges(REPEALED)SECTION HISTORYPL 1967, c. 371 (AMD). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 2

RESEARCH, PLANNING AND PROGRAM ASSISTANCE

§451. Powers and duties(REPEALED)SECTION HISTORYPL 1967, c. 533, §2 (AMD). PL 1969, c. 442, §3 (AMD). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 3

INDUSTRIAL DEVELOPMENT

§500. Subdivisions(REPEALED)SECTION HISTORYPL 1969, c. 442, §4 (NEW). PL 1975, c. 481, §4 (RP).



§501. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §§5,6 (AMD). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 4

SUBDIVISION OF VACATION-TRAVEL DEVELOPMENT

§551. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §7 (AMD). PL 1971, c. 544, §23 (AMD). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 4-A

COMMUNITY DEVELOPMENT

§552. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §8 (NEW). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 5

PUBLICITY AND PUBLIC RELATIONS

§601. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §9 (RP).

SUBCHAPTER 5-A

PROMOTION

§611. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §10 (NEW). PL 1973, c. 574, §2 (AMD). PL 1975, c. 481, §4 (RP).

SUBCHAPTER 6



GEOLOGICAL SURVEY

§651. Powers and duties(REPEALED)SECTION HISTORYPL 1965, c. 204 (RPR). PL 1969, c. 442, §11 (RP).

SUBCHAPTER 6-A

SCIENCE, TECHNOLOGY AND MINERAL RESOURCES

§661. Powers and duties(REPEALED)SECTION HISTORYPL 1969, c. 442, §12 (NEW). P&SL 1971, c. 91, §D2 (RP).

CHAPTER 102

COMMUNITY INDUSTRIAL BUILDINGS IN MAINE

§671. Policy and purposes(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). §672. Definitions(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1973, c. 677, §1 (AMD). PL 1979, c. 541, §B8 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §§1-4 (AMD). PL 1981, c. 698, §§29-32 (AMD). §673. Authority; powers and duties(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §5 (AMD). PL 1981, c. 698, §33 (AMD). §674. Community Industrial Building Fund(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §6 (AMD). PL 1981, c. 698, §34 (AMD). §675. Biennial report



(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). §676. Assistance to development corporations(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1973, c. 677, §2 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §§7,8 (AMD). PL 1981, c. 698, §35 (RP). §677. Promotion and development(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §9 (AMD). PL 1981, c. 698, §36 (RP). §678. Taxes(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1973, c. 677, §3 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §10 (AMD). PL 1981, c. 698, §37 (AMD). §679. Economically deprived areas(REPEALED)SECTION HISTORYPL 1973, c. 633, §26 (NEW). PL 1981, c. 476, §1 (RP). PL 1981, c. 525, §11 (AMD). PL 1981, c. 698, §38 (RP). §680. Interim lease of the project(REPEALED)SECTION HISTORYPL 1977, c. 82, §1 (NEW). PL 1981, c. 476, §1 (RP).

CHAPTER 102-A

MAINE HEALTH DATA PROCESSING CENTER

§681. Authority to establish(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). PL 2009, c. 613, §1 (AMD). MRSA T. 10 §691 (RP). §682. Function of center(REPEALED)SECTION HISTORY



PL 2001, c. 456, §1 (NEW). PL 2009, c. 613, §2 (AMD). MRSA T. 10 §691 (RP). §683. Board of directors; officers(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). PL 2009, c. 71, §1 (AMD). PL 2009, c. 613, §3 (AMD). MRSA T. 10 §691 (RP). §684. General powers(REPEALED)SECTION HISTORYRR 2001, c. 2, §B22 (COR). RR 2001, c. 2, §B58 (AFF). PL 2001, c. 456, §1 (NEW). PL 2005, c. 565, §§1-3 (AMD). MRSA T. 10 §691 (RP). §685. Limitation of powers(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). MRSA T. 10 §691 (RP). §686. Prohibited interests of officers, directors and employees(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). MRSA T. 10 §691 (RP). §687. Funding(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). MRSA T. 10 §691 (RP). §688. Audit; public access(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). PL 2009, c. 613, §4 (AMD). MRSA T. 10 §691 (RP). §689. General conditions; dissolution(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). PL 2005, c. 565, §4 (AMD). PL 2009, c. 613, §§5, 6 (AMD). MRSA T. 10 §691 (RP). §690. Liberal construction(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). MRSA T. 10 §691 (RP). §691. Repeal



(REPEALED)SECTION HISTORYPL 2001, c. 456, §1 (NEW). PL 2005, c. 253, §1 (AMD). PL 2009, c. 71, §2 (AMD). MRSA T. 10 §691 (RP).

CHAPTER 103

GUARANTEE AUTHORITY

§701. Title(REPEALED)SECTION HISTORYPL 1973, c. 633, §21 (AMD). PL 1981, c. 476, §1 (RP). §702. Purpose(REPEALED)SECTION HISTORYPL 1965, c. 142, §1 (AMD). PL 1967, c. 525, §1 (AMD). PL 1973, c. 633, §21 (AMD). PL 1975, c. 566, §1 (AMD). PL 1981, c. 476, §1 (RP). §703. Definitions(REPEALED)SECTION HISTORYPL 1965, c. 142, §2 (AMD). PL 1965, c. 471, §§1-3 (AMD). PL 1967, c. 525, §§2-5 (AMD). PL 1967, c. 548, §1 (AMD). PL 1969, c. 97 (AMD). PL 1971, c. 343, §§1,2 (AMD). PL 1975, c. 566, §§2-4 (AMD). PL 1977, c. 82, §2 (AMD). PL 1977, c. 489, §§1-4 (AMD). PL 1979, c. 228, §1 (AMD). PL 1979, c. 541, §B9 (AMD). PL 1979, c. 731, §14 (AMD). PL 1981, c. 476, §1 (RP).

SUBCHAPTER 2

CREATION AND OPERATION OF AUTHORITY

§751. Organization of authority(REPEALED)SECTION HISTORYPL 1965, c. 471, §4 (AMD). PL 1967, c. 525, §6 (AMD). PL 1971, c. 343, §3 (AMD). PL 1973, c. 1, §1 (AMD). PL 1973, c. 633, §2 (RPR). PL 1973, c. 788, §39 (AMD). PL 1975, c. 566, §§5-6 (AMD). PL 1975, c. 771, §§115-117 (AMD). PL 1977, c. 489, §§5,6 (AMD). PL 1979, c. 533, §§7,8 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 512, §§2,3 (AMD). PL 1981, c. 698, §§39,40 (AMD). §752. Powers(REPEALED)SECTION HISTORY



PL 1967, c. 525, §7 (AMD). PL 1975, c. 566, §§7,8 (AMD). PL 1977, c. 489, §7 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 512, §§4,5 (AMD). PL 1981, c. 698, §§41,42 (AMD). §753. Credit of State pledged(REPEALED)SECTION HISTORYPL 1967, c. 525, §8 (AMD). PL 1975, c. 117, §1 (AMD). PL 1975, c. 566, §9 (AMD). PL 1975, c. 770, §53 (RPR). PL 1979, c. 228, §2 (AMD). PL 1981, c. 476, §1 (RP). §753-A. Authority to manage(REPEALED)SECTION HISTORYPL 1973, c. 1, §2 (NEW). PL 1973, c. 788, §40 (AMD). PL 1981, c. 476, §1 (RP). §754. Expenses(REPEALED)SECTION HISTORYPL 1967, c. 525, §9 (RPR). PL 1975, c. 566, §10 (RPR). PL 1977, c. 489, §8 (AMD). PL 1981, c. 192, §2 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 698, §43 (RP). §755. Indemnification(REPEALED)SECTION HISTORYPL 1973, c. 633, §3 (NEW). PL 1981, c. 476, §1 (RP). §756. Investment plan(REPEALED)SECTION HISTORYPL 1977, c. 489, §9 (NEW). PL 1981, c. 476, §1 (RP).

SUBCHAPTER 3

MORTGAGES AND INSURANCE

§801. Mortgage Insurance Fund(REPEALED)SECTION HISTORYPL 1975, c. 566, §11 (AMD). PL 1979, c. 228, §3 (AMD). PL 1981, c. 476, §1 (RP). §802. Additions(REPEALED)SECTION HISTORYPL 1975, c. 117, §2 (AMD). PL 1975, c. 566, §12 (AMD). PL 1975, c. 770, §54 (AMD). PL 1975, c. 771, §118 (AMD). PL 1977, c. 78, §33 (RPR). PL 1979, c. 228, §4 (AMD). PL 1979,



c. 709, §1 (AMD). PL 1981, c. 192, §3 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 698, §44 (RP). §803. Insurance of mortgages(REPEALED)SECTION HISTORYPL 1965, c. 471, §§5-7 (AMD). PL 1967, c. 525, §§10,11 (AMD). PL 1967, c. 548, §§2,3 (AMD). PL 1969, c. 569, §1 (AMD). PL 1971, c. 343, §§4-6 (AMD). PL 1971, c. 375, §1 (AMD). PL 1971, c. 618, §§11,17 (AMD). PL 1973, c. 1, §§3,4 (AMD). PL 1973, c. 633, §§4-6 (AMD). PL 1973, c. 788, §41 (AMD). PL 1975, c. 117, §3 (AMD). PL 1975, c. 566, §§13-15 (AMD). PL 1975, c. 770, §55 (AMD). PL 1977, c. 489, §§10,11 (AMD). PL 1979, c. 228, §§5,6 (AMD). PL 1979, c. 709, §2 (AMD). PL 1981, c. 470, §§A20-A22 (AMD). PL 1981, c. 476, §1 (RP). PL 1981, c. 698, §45 (RP). §804. Contract of insurance(REPEALED)SECTION HISTORYPL 1981, c. 476, §1 (RP). §805. Mortgage insurance premiums(REPEALED)SECTION HISTORYPL 1979, c. 541, §A90 (AMD). PL 1981, c. 476, §1 (RP). §806. Acquisition and disposal of property(REPEALED)SECTION HISTORYPL 1967, c. 525, §12 (AMD). PL 1975, c. 566, §16 (AMD). PL 1979, c. 228, §7 (AMD). PL 1979, c. 329 (AMD). PL 1981, c. 476, §1 (RP). §807. Mortgages eligible for investment(REPEALED)SECTION HISTORYPL 1981, c. 476, §1 (RP). §808. Local development corporations(REPEALED)SECTION HISTORYPL 1965, c. 471, §8 (AMD). PL 1967, c. 525, §13 (AMD). PL 1979, c. 228, §8 (AMD). PL 1981, c. 476, §1 (RP). §809. Safeguarding the Industrial Building and Recreational Project Mortgage Insurance Fund(REPEALED)SECTION HISTORYPL 1967, c. 407 (NEW). PL 1975, c. 566, §17 (AMD). PL 1979, c. 228, §9 (AMD). PL 1981, c. 476, §1 (RP).



SUBCHAPTER 4

RECORDS

§851. Records of account(REPEALED)SECTION HISTORYPL 1973, c. 585, §11 (AMD). PL 1981, c. 476, §1 (RP). §852. Records confidential(REPEALED)SECTION HISTORYPL 1965, c. 471, §9 (AMD). PL 1969, c. 584, §1 (AMD). PL 1981, c. 476, §1 (RP).

CHAPTER 104

MAINE GUARANTEE AUTHORITY REVENUE OBLIGATION SECURITIES

§861. Title(REPEALED)SECTION HISTORYPL 1977, c. 489, §12 (NEW). PL 1981, c. 476, §1 (RP). §862. General grant of powers(REPEALED)SECTION HISTORYPL 1977, c. 489, §12 (NEW). PL 1979, c. 674, §1 (RPR). PL 1981, c. 476, §1 (RP). §863. Definitions(REPEALED)SECTION HISTORYPL 1977, c. 489, §12

title 10 commerce and trade part 1 general provisions ... · mrs title 10. commerce and trade...

Documents