Title 5

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authori…

This chapter takes effect July 1, 2008.

This chapter shall be known and may be cited as the "Archives and Records Management Law."

The Legislature declares that it is the policy of the State to make the operations of State Government and local government more efficient, more effective and more economical through records management; and, to the end that the people may derive maximum benefit from a knowledge o…

The following definitions are established for terms used in this chapter. [PL 1973, c. 625, §16 (NEW).] 1. Agency records. "Agency records" means records of government agencies to which they retain legal title, but that have been transferred to the custody of the Maine State Arch…

The Secretary of State shall appoint a State Archivist subject to review by the joint standing committee of the Legislature having jurisdiction over state and local government and to confirmation by the Legislature. The State Archivist shall be chosen without reference to party a…

The office of the State Archivist is a bureau within the Department of the Secretary of State and consists of at least 2 organizational units as the State Archivist and the Secretary of State determine best suited to the accomplishment of the functions and purposes of this chapte…

1. Ownership and possession; notice and demand of return. A record created by or belonging to the State, to a local or county government in the State or to any agency of the State remains the property of the State until ownership and possession are formally relinquished in accord…

The following provisions apply to local government records. [PL 1995, c. 148, §10 (NEW).] 1. Omissions or errors corrected. When omissions or errors exist in local government records, those records must be corrected under oath by the person who was responsible for those local gov…

1. Archives services. The State Archivist has, upon consent of the Secretary of State, the following duties and powers regarding archives services: A. To administer the office of the State Archivist. In exercising the administration of the office, the State Archivist shall formul…

1. Established. The Archives Advisory Board, established by section 12004‑I, subsection 8, shall serve to advise the State Archivist in administration of this chapter and to perform such other duties as may be prescribed by law. 2. Members. The Archives Advisory Board consists of…

Violation of any provision of this chapter or any rules adopted under section 95‑C, subsection 1, paragraph C, except those violations for which specific penalties are provided, is a Class E crime.

The Maine Historical Records Advisory Board, established by section 12004‑I, subsection 18‑D and referred to in this section as the "board," is within the office of the State Archivist and serves to encourage the preservation of and access to historical records within the State. …

The Treasurer of State shall keep the office at the seat of government and give the bond required by the Constitution to the State of Maine, with 2 or more surety companies authorized to transact business in the State, as sureties, in the penal sum of not less than $500,000. Each…

In order to provide for an orderly transition following the biennial election of the Treasurer of State, the Treasurer of State-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election.

The condition of the Treasurer of State's bond must be for the faithful discharge of all the duties of the office of the Treasurer of State, and that while in office the Treasurer of State will not engage in trade or commerce, or act as broker, agent or factor for any merchant or…

The premiums necessarily incurred and due and payable on account of any bond given by the Treasurer of State, by the Treasurer of State's deputy or by any employee in the Office of the Treasurer of State must be paid out of the State Treasury.

When it appears to the Governor that the Treasurer of State's bond is not sufficient for the full security of the State, the Governor shall make written demand upon the Treasurer of State for a new bond. If the Treasurer of State neglects for 10 days thereafter to file the bond t…

The Treasurer of State may not in any way receive for the Treasurer of State's own use any interest, premium, gratuity or benefit by reason of any money belonging to the State, or of any loan obtained for the State or for keeping on hand or circulating the bills of any bank; but …

When the Attorney General receives satisfactory information that the Treasurer of State has violated any provision of section 125, the Attorney General shall cause the Treasurer of State to be indicted for that violation and shall prosecute the indictment to final judgment.

Upon written complaint of any person that the Treasurer of State is mentally ill or insolvent, or has absconded or concealed the Treasurer of State's identity or person to avoid the Treasurer of State's creditors, or is absent from the State and neglecting the duties of the Treas…

When the deputy treasurer of state assumes the office of Treasurer of State under section 121, the State Auditor shall, as soon as practicable, after notice to the sureties of the late Treasurer of State or of the Treasurer of State to be superseded, take a true account and inven…

A public officer or a person, firm, association or corporation paying money into the State Treasury may make the payment by delivering to the Treasurer of State a check, draft, certificate of deposit or money order drawn, endorsed and payable to the Treasurer of State or the Trea…

1. Departmental collections; immediate payment to State Treasury. A department or agency of the State collecting or receiving public money, or money from any source whatsoever, belonging to or for the use of the State, or for the use of any state department or agency, shall pay t…

Payments made on behalf of the Department of Health and Human Services for Temporary Assistance for Needy Families and for foster care have priority over other payments and must be made without delay whether or not they are pursuant to a state plan or contract under 45 Code of Fe…

In order that state obligations may be paid as they come due, the State Treasurer may request the State Controller to transfer funds on deposit among the various funds in the cash pool of State Government by journal entry in such manner as to best manage the available funds to me…

If any town or county unreasonably neglects or refuses to pay an account for money due from it to or for the use of the State or for the use of any department or agency, the Treasurer of State may withhold from any funds due such town or county under any laws of the State an amou…

All state money in any depository of the State Government shall stand on the books of said depository to the credit of the State but the Treasurer of State shall not withdraw any of said money except upon the authority of the State Controller.

The Treasurer of State may deposit the money, including trust funds of the State, in any national bank or in any banking institution, trust company, state or federal savings and loan association or mutual savings bank organized under the laws of this State or having a location in…

Except in cases when a state department or agency receives funds that the department or agency is legally required to distribute to or hold on behalf of specifically named persons, and except for the Baxter State Park Authority, all departments or agencies of State Government, in…

At the expiration of each month, the Treasurer of State shall prepare an exhibit showing the banks and places in which moneys of the State have been kept or deposited during the preceding month, and the amount at the time of the exhibit. This exhibit shall be open to public inspe…

Whenever, from time to time in the judgment of the Treasurer of State, it may be done to the financial advantage of the State, the Treasurer of State may, with the advice and consent of the Governor, purchase with any funds in the State Treasury not otherwise appropriated and, wh…

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Attorney General, shall invest all permanent funds held in trust by the State in such securities as are legal investments f…

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Commissioner of Education, shall invest and reinvest the principal of all funds derived or that may be derived from the sal…

The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Attorney General, has the power to enter into contracts or agreements approved by the Governor, with any national bank, tru…

The Treasurer of State, with the approval of the Governor and the Superintendent of Financial Institutions, shall from time to time as funds appropriated for any sinking fund established by law are received into the treasury, invest the same, with the income thereof as it accrues…

The Treasurer of State shall keep a register of all investments made under section 142, showing the date, amount and number of each bond, by whom issued and the time when it will mature, and in the Treasurer of State's annual report to the Governor, the Treasurer of State shall i…

Unregistered bonds issued under the laws of the State must be signed by the Treasurer of State or the Treasurer of State's deputy and attested by the Commissioner of Administrative and Financial Services, or such agent as the commissioner may designate. The seal of the State may …

The Treasurer of State may issue registered bonds, transferable by assignment, in pieces of not less than $1,000, and of any multiple of 1,000, in exchange for, and in place of, any coupon bonds issued under the laws of this State, bearing the same rate of interest and maturing a…

Notwithstanding any other provisions of the laws of this State, whenever the Treasurer of State is authorized to issue and sell bonds for the State, and the Treasurer of State determines to issue and sell all or a portion of these bonds in denominations of less than $5,000, minib…

1. Issuance. Notwithstanding any other provisions of the laws of this State, whenever the Treasurer of State is authorized to issue and sell bonds for the State, the bonds may be issued in registered form. 2. Signatures. Registered bonds must bear the facsimile signature of the T…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "College savings bonds" means any general obligation bonds of the State that: (1) The Treasurer of State is authorized to issue and sell; (2) Are o…

Upon due assignment of any such registered bond and delivery thereof to the Treasurer of State, an equivalent bond or bonds, in form as provided, shall be issued to the assignee in substitution therefor.

All bonds received by the Treasurer of State for exchange must be canceled and retained in the office of the Treasurer of State.

The Treasurer of State, in the presence of the Commissioner of Administrative and Financial Services and the State Auditor, or such agents as they may designate, may cremate any state bonds and coupons, on the premises of the state bond and coupon paying agent, that have matured …

The facsimile signature of the Treasurer of State who is leaving office is valid until new signature plates for the signing of checks have been obtained for the Treasurer of State's successor.