Title 5, Title 5

The Treasurer of State may adopt and amend rules necessary to carry out this chapter. These rules shall be adopted and amended pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.

Notwithstanding any other provision of law, the State Controller may establish an account within Other Special Revenue funds for the Treasurer of State to recover the cost of providing administrative services to the Maine Military Authority.

By July 31st of each year, the Treasurer of State shall publish on the publicly accessible portion of the treasurer's website the latest information available regarding all liabilities of the State as of June 30th of that same year. For purposes of this section, "liabilities of t…

The Treasurer of State is authorized to establish in this State the ABLE ME Savings Program, referred to in this section as "the program," to allow an individual with a disability to establish a federal tax-advantaged savings account and use the funds in that account to pay for t…

1. Establishment; purpose. The Loan Guarantee Program Fund, referred to in this section as "the fund," is established as a nonlapsing Other Special Revenue Funds account within the Office of the Treasurer of State. All money received by the fund from any source, including any tra…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Consumer-owned transmission and distribution utility" has the same meaning as in Title 35‑A, section 3501, subsection 1. [IB 2023, c. 1, §1 (NEW).…

The Treasurer of State shall attend and complete annually a course of in-person education and training regarding harassment, including, but not limited to, sexual harassment and racial harassment.

The Government Shutdown Loan Guarantee Program Fund is established as a nonlapsing Other Special Revenue Funds account within the Office of the Treasurer of State. All money received by the fund from any source, including any transfers from the General Fund unappropriated surplus…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 356, §1 (NEW).] 1. Board. "Board" means the Maine Retirement Savings Board under section 172. 2. Covered employee. "Covered employee" means an individual…

The Maine Retirement Savings Board is established as a body corporate and politic and a public instrumentality of the State pursuant to section 12004‑G, subsection 33‑G to develop and maintain the Maine Retirement Savings Program for individuals employed or self-employed for wage…

1. Duties. In carrying out the purposes of this chapter, the board shall: A. Develop, establish, implement and maintain the program and, to that end, may conduct market, legal and feasibility analyses if the board considers them advisable and may determine a name for the program;…

1. Authority. The board may adopt rules as necessary to implement this chapter, except that the board shall adopt rules required pursuant to subsection 2. Rules adopted pursuant to this chapter are routine technical rules as defined in chapter 375, subchapter 2‑A. 2. Required rul…

1. Employer protection from liability. A covered employer or other employer is not and may not be considered a fiduciary in relation to the program or enterprise fund or any other arrangement under the program. A covered employer or other employer is not and may not be liable for…

1. Individual account information. Individual account information for accounts under the program, including, but not limited to, names, residential addresses, e-mail addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts con…

The board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency or instrumentality of the State in order to further the successful implementation and operation of the program through the provision, receipt or other sharing of d…

1. Fund established. The Maine Retirement Savings Program Enterprise Fund is established as an enterprise fund. The board shall use funds deposited in the enterprise fund in accordance with this section. The enterprise fund may receive grants, gifts, donations, appropriations, lo…

1. Account; audit. The board shall cause an accurate account of all of the program's, enterprise fund's and board's activities, operations, receipts and expenditures to be maintained on a calendar year basis. A full audit of the books and accounts of the board pertaining to those…

1. Attorney General; office; salary. The Attorney General is the executive head of the Department of the Attorney General. The Attorney General shall keep an office at the seat of government and is entitled to receive an annual salary in full for all services. The Attorney Genera…

In order to provide for an orderly transition following the biennial election of the Attorney General, the Attorney General-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.

To serve as Attorney General, a person must be a member in good standing of the bar of the State. For purposes of this section, a person is a "member in good standing of the bar of the State" if that person is admitted to the practice of law in this State, is presently registered…

All civil actions to recover money for the State shall be brought by the Attorney General or by the district attorney in the name of the State. The Attorney General shall appear before the departments and tribunals of the United States and the committees of Congress to prosecute …

The Attorney General may, if in the Attorney General's judgment the public interest so requires, prosecute by indictment or complaint any person who intrudes on the land, rights or property of the State, or commits or erects a nuisance thereon.

1. Definition. As used in this section and sections 194‑A to 194‑H and section 194‑K, "public charity" means an entity formed primarily for charitable purposes, including but not limited to: A. A corporation formed under Title 13 or Title 13‑B primarily for charitable purposes; a…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliate" means a person who directly or indirectly controls or is controlled by or is under common control with the person specified. [PL 1997, …

As used in this section and sections 194‑C to 194‑K, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 550, Pt. A, §2 (NEW).] 1. Control. "Control" means the possession, direct or indirect, of the power to direct or cause the di…

1. Notice or approval required. Prior to completing a conversion transaction, a public charity must: A. If the fair market value of assets to be converted in the transaction is $500,000 or more, obtain approval of the court in accordance with section 194‑F; [PL 2001, c. 550, Pt. …

A public charity shall provide written notice to the Attorney General of its intent to enter into a conversion transaction if the value of the transaction is less than $50,000. The notice must include the name of the public charity, the value of the assets to be converted and the…

1. Filing with Attorney General. To obtain approval of a conversion transaction when the independent appraisal of the fair market value of the assets to be converted is $50,000 or more but is less than $500,000, a public charity must file a written request for approval with the A…

1. Filing of court action. To obtain approval of a conversion transaction when the independent appraisal of the fair market value of the assets to be converted is $500,000 or more, a public charity must file an action in Superior Court in the county in which the public charity's …

1. Required determinations. The Attorney General may not approve or recommend that a court approve and the court may not approve a proposed conversion transaction unless the Attorney General or the court, as appropriate, finds that: A. The public charity will receive fair market …

1. Requirements. The proceeds of a conversion transaction must be distributed to an existing or new foundation or public benefit corporation that meets the following requirements. A. The foundation or public benefit corporation must operate pursuant to 26 United States Code, Sect…

This section relates to intervention in proceedings under section 194‑F. [PL 2001, c. 550, Pt. A, §2 (NEW).] 1. Right to intervene. Except as provided in subsection 2, the court, on timely application made pursuant to Rule 24(a) of the Maine Rules of Civil Procedure, shall allow …

1. Rules. The Attorney General may adopt rules the Attorney General considers appropriate to implement this section, sections 194‑B to 194‑I and section 194‑K. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter II‑A. 2. Att…

1. Attorney General to bring action. The Attorney General may initiate an action in Superior Court to: A. Void a conversion transaction pursuant to subsection 2. Such an action may be brought in Superior Court in Kennebec County or in the county in which the assets of the public …

The Attorney General shall give a written opinion upon questions of law submitted to the Attorney General by the Governor, by the head of any state department or any of the state agencies or by either branch of the Legislature or any members of the Legislature on legislative matt…

The Attorney General may appoint one or more deputy attorneys general, assistant attorneys general and staff attorneys who serve at the pleasure of the Attorney General or until their successors are duly appointed and qualified. They may perform all the duties required of the Att…

The Attorney General is authorized to employ in the Office of the Attorney General, in addition to the officers named in section 196, state criminal inspectors and additional clerks as the business of the office may demand, whose appointment and compensation is subject to the Civ…

Whenever the Attorney General shall appoint any additional assistant attorneys general or staff attorneys as authorized under section 196, or shall employ additional clerks as provided by section 197, or shall employ attorneys-at-law to collect claims due the State, the compensat…

The Attorney General shall consult with and advise the district attorneys in matters relating to their duties. If in the Attorney General's judgment the public interest so requires, the Attorney General shall assist them by attending the grand jury in the examination of a case in…

The Attorney General is authorized to create a Criminal Division within the Department of the Attorney General in order to coordinate all criminal investigation and prosecution for the purpose of improving law enforcement within the State of Maine. [PL 1967, c. 58, §1 (NEW).] The…

1. Public utility services. 1-A. Definitions. As used in this section, the following terms have the following meanings. A. "Internet service provider" means an entity that provides electronic communication or remote computation services, whether or not subject to the jurisdiction…

1. Establishment. The Attorney General is authorized to create a State Fraud Division, hereinafter referred to in this section as the "division," within the Department of the Attorney General. 2. Purpose. The purpose of the division shall be to investigate and prosecute, includin…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Medical records" means all the records of the examination or treatment of a person relating to the alleged criminal act, in whatever medium preser…

Whenever the Attorney General has reason to believe that one or more persons have been kidnapped, as defined by Title 17‑A, section 301, the Attorney General may order a public utility company employee to cut, reroute or divert telephone lines for the purpose of preventing teleph…

1. Rules promulgated. The Attorney General shall promulgate rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, relating to strip searches and body cavity searches of arrestees. These rules shall be a guide for the conduct of law …

There is created, within the Office of the Attorney General, the Maine Elder Death Analysis Review Team, referred to in this section as "the team." [PL 2003, c. 433, §1 (NEW).] 1. Composition. The team is composed of 16 members as follows: A. The Chief Medical Examiner, ex offici…