APPROVED CHAPTER
JUNE 20, 2025 390
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 1328 - L.D. 1984
An Act to Correct Inconsistencies, Conflicts and Errors in the Laws of Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, acts of this and previous Legislatures have resulted in certain technical
inconsistencies, conflicts and errors in the laws of Maine; and
Whereas, these inconsistencies, conflicts and errors create uncertainties and
confusion in interpreting legislative intent; and
Whereas, it is vitally necessary that these uncertainties and this confusion be resolved
in order to prevent any injustice or hardship to the citizens of Maine; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 2 MRSA §6, sub-§3, as amended by PL 2023, c. 643, Pt. DD, §1, is
further amended to read:
3. Range 89. The salaries of the following state officials and employees are within
salary range 89:
Director, Bureau of General Services;
Director, Bureau of Alcoholic Beverages and Lottery Operations;
State Budget Officer;
State Controller;
Director, Bureau of Forestry;
Director, Office of Policy Innovation and the Future;
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 Director, Governor's Energy Resources Office;
State Human Resources Officer;
Director, Bureau of Parks and Lands;
Director of the Governor's Office of Communications;
Director, Bureau of Agriculture, Food and Rural Resources;
Director, Bureau of Resource Information and Land Use Planning;
Director, Office of Cannabis Policy;
Executive Director, Office of Affordable Health Care; and
Director, Maine Office of Community Affairs.
Sec. A-2. 2 MRSA §9, sub-§3, ¶C, as amended by PL 2013, c. 541, §1, is further
amended by amending subparagraph (1), division (c), subdivision (vi) to read:
(vi) Projections of wind energy developers' plans, as well as technology
trends and their state policy implications; and
Sec. A-3. 2 MRSA §9, sub-§3, ¶C, as amended by PL 2013, c. 541, §1, is further
amended by amending the first blocked paragraph to read:
The joint standing committee of the Legislature having jurisdiction over utilities and
energy matters may report out legislation by February 1st of each odd-numbered year
relating to the content of the plan. The joint standing committee of the Legislature
having jurisdiction over natural resources matters may make recommendations
regarding that legislation to the joint standing committee of the Legislature having
jurisdiction over energy matters.;
Sec. A-4. 5 MRSA §1, as amended by PL 1975, c. 771, §23, is further amended to
read:
§1. Appointment of temporary officials; removal; salary
In order to provide for the uninterrupted and orderly functioning of any agency, board,
commission or department of the State Government during a vacancy in the office of the
appointive or elective head thereof and whenever there is no state official, deputy, assistant
or other state employee duly authorized by law to exercise the powers and perform the
duties of such the appointive or elective head during such the vacancy, the Governor is
empowered to appoint a temporary deputy commissioner to exercise the powers and
perform the duties of the appointive or elective head of such the office during such the
vacancy. The term of office of such a temporary deputy commissioner so appointed shall
be is at the pleasure of the Governor and shall may not extend beyond the date of
qualification of a successor to the office of appointive or elective head of such the agency,
board, commission or department or 60 days from the date of his the temporary deputy
commissioner's appointment, whichever shall first occur occurs first. The term of office of
such a temporary deputy commissioner so appointed to an office to which appointments
are by law subject to confirmation by the Legislature shall be is at the pleasure of the
Governor and shall may not extend beyond the date of qualification of a successor
appointed to such the office or 6 months from the date of the temporary deputy
commissioner's appointment, whichever shall first occur occurs first. Such A temporary
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deputy commissioner shall is not be eligible for reappointment. Such A temporary deputy
commissioner shall must be appointed from the personnel of the agency, board,
commission or department in which such the vacancy occurs.
During the term of such the temporary deputy commissioner's appointment, the
temporary deputy commissioner shall must be paid a salary to be determined by the
Governor but not to exceed that received by the appointive or elective head at the
termination of his the head's services with the State Government.
In the event an employee in the classified service of the State Government is appointed
as a temporary deputy commissioner he shall, the employee, during the term of his the
employee's appointment as temporary deputy commissioner, retain retains all of the rights
and all of the retirement benefits to which he the employee may be entitled as a classified
employee of the State Government.
Sec. A-5. 5 MRSA §130, first ¶, as corrected by RR 2023, c. 2, Pt. B, §20, is
amended to read:
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 Treasurer of State's order, or may make the payment by delivering to the Treasurer
of State the proper amount of lawful currency. The Treasurer of State shall keep a record
of all drafts, checks, certificates of deposit, money orders and cash received by the
Treasurer of State and upon receipt thereof shall immediately cause the same to be placed
to the credit of the State in some state depository. If any check, draft or certificate of deposit
is not paid on presentation, the Treasurer of State shall proceed to collect the amount
thereof, with costs, from the person drawing same who drew the check, draft or certificate
of deposit. The Treasurer of State shall daily transmit to the State Controller a statement
of all receipts into the State Treasury, giving such details thereof as the State Controller
may require.
Sec. A-6. 5 MRSA §201 is amended to read:
§201. Attendance of witnesses; recognizances
When a criminal prosecution in which he the Attorney General appears is continued,
the Attorney General shall cause the witnesses in on behalf of the State to recognize to
appear at the next term, unless otherwise directed by the court, and may procure the
attendance of a witness living out of the State deemed determined by him the Attorney
General to be material in procuring an indictment or conviction. The court shall allow such
the witness a reasonable compensation beyond his the witness's legal fees.
Sec. A-7. 5 MRSA §244, first ¶, as amended by PL 2003, c. 450, §4, is further
amended to read:
The State Auditor may not perform the accounting functions for the State, but shall
audit the accounts, books, records and other evidences of financial transactions kept in the
Department of Financial and Administrative and Financial Services or in the other
departments and agencies of State Government. The State Auditor shall prepare and
publish a report for each fiscal year, setting forth the essential facts of such audits in
summary form, within the following fiscal year after the books of the State Controller have
been officially closed. If the State Auditor finds in the course of an audit evidences of
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improper transactions, or of unacceptable practices in keeping accounts or handling funds
or of any other improper practice of financial administration, the State Auditor shall report
the same to the Governor and the Legislature immediately. After reporting evidence of
material weaknesses or reportable conditions, the State Auditor shall provide for
subsequent review to ensure that those conditions are addressed in a timely manner and
report to the Governor and the Legislature to confirm the status of the correction of those
conditions. If the State Auditor finds evidences of illegal transactions, the State Auditor
shall immediately report those transactions both to the Governor and to the Attorney
General. All such evidences must be included in the annual reports of the State Auditor,
and the State Auditor may, at the State Auditor's discretion, make them public at any time
during the fiscal year.
Sec. A-8. 5 MRSA §1541, sub-§9 is amended to read:
9. Illegality of expenditures. To report to the Attorney General for such action, civil
or criminal, as he may deem the Attorney General considers necessary, all facts showing
illegality in the expenditure of public moneys money or the misappropriation of public
properties;
Sec. A-9. 5 MRSA §1746, 3rd ¶, as corrected by RR 2023, c. 2, Pt. B, §59, is
amended to read:
The Treasurer of State shall collect all interest or income when due on the obligations
so deposited and shall pay the same that total sum, when and as collected, to the contractor
who deposited the obligations. If the deposit is in the form of coupon bonds, the Treasurer
of State shall deliver each coupon as it matures to the contractor. The Treasurer of State
may enter into a contract or agreement with any national bank, trust company or safe
deposit company located in New England or New York City for custodial care and
servicing of any securities deposited with the Treasurer of State pursuant to this section.
Those services must consist of the safekeeping of those securities and of all services
required to effectuate the purposes of this section.
Sec. A-10. 5 MRSA §9054, sub-§1, as corrected by RR 2023, c. 2, Pt. B, §80, is
amended to read:
1. Intervention. On timely application made pursuant to agency rules, the agency
conducting the proceedings shall allow any person showing that the person is nor or may
be, or is a member of a class that is or may be, substantially and directly affected by the
proceeding, or any other agency of federal, state or local government, to intervene as a
party to the proceeding.
Sec. A-11. 5 MRSA §11113, first ¶, as corrected by RR 2023, c. 2, Pt. B, §85, is
amended to read:
The executive director shall, upon receipt of an application for review, determine the
appropriate joint standing committee of the Legislature responsible for review of the rule
in question and send the application and a copy of the rule in question to each member of
the committee. Each member of the committee shall individually review the application to
determine whether the applicant is qualified and whether the public interest would be
served by a review of the rule in question by the full committee. If a committee member
decides that the review should be made, the committee member shall notify the director
within 15 days after notice was sent. If 1/3 or more of the full committee notify the director
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that a review of the rule should be made, the director shall advise the chair chairs of the
committee, who shall schedule a meeting of the committee to review the rule. If the
committee votes not to review the rule, a report to that effect must be prepared by the
director and sent to the applicant and the Legislative Council.
Sec. A-12. 5 MRSA §17001, sub-§17, as enacted by PL 1985, c. 801, §§5 and 7,
is repealed.
Sec. A-13. 5 MRSA §17001, sub-§22, as enacted by PL 1985, c. 801, §§5 and 7,
is repealed.
Sec. A-14. 5 MRSA §17001, sub-§26, as enacted by PL 1985, c. 801, §§5 and 7,
is amended to read:
26. Parent. "Parent" means mother or father a natural or adoptive parent or stepparent.
Sec. A-15. 5 MRSA §17107, sub-§2, ¶E, as amended by PL 2007, c. 491, §81, is
further amended to read:
E. The actuary shall make whatever investigations the actuary considers necessary of
the experience of each of the programs of the retirement system with respect to the
factors that affect the cost of the benefits provided by the those programs.
(1) The purpose of the investigations is to determine the actuarial assumptions to
be recommended to the board for adoption in connection with actuarial
determinations required under this Part.
(2-A) These investigations must be made whenever the board, on recommendation
of the actuary, determines an investigation to be necessary to the actuarial
soundness or prudent administration of the program or programs to which the
investigation is related. The determination must take into account program
demographics and changes in program demographics, employment patterns and
projections, relevant economic measures and expectations and other factors that
the board or actuary considers significant. With respect to the retirement system
program for state employees and teachers, if 6 fiscal years have elapsed without an
investigation being conducted, the board must either conduct an investigation
within the next fiscal year or must record in the official minutes of a meeting of
the board, in each fiscal year until the year in which an investigation is conducted,
its decision not to do so and the reason or reasons for its decision.
Sec. A-16. 5 MRSA §19001, as enacted by PL 1985, c. 801, §§5 and 7, is amended
to read:
§19001. Declaration of policy
In order to extend to employees of the political subdivisions of the State of Maine, and
to the civilian employees of the Maine National Guard who are employed pursuant to
section 90 of the National Defense Act of June 3, 1916 (32 U.S.C., sec. 42), whether
members of existing retirement or pension systems or not, the benefits of social security,
provided under the Federal federal Social Security Act enacted by the Congress of the
United States, it is declared to be the policy of the Legislature, subject to the limitations of
this chapter, that such steps be taken as to provide such protection those benefits to such
employees on as broad a basis as is permitted under the federal Social Security Act. This
chapter shall apply applies to employees of the Maine Maritime Academy who are
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members of an existing retirement or pension system. This chapter shall does not apply to
teachers who are under a state or local government pension or retirement plan, except
teachers at the Maine Maritime Academy. For the purposes of bringing To bring sheriffs
and their deputies under social security, these law enforcement officers shall be deemed
are considered "policemen" for the purposes of the federal Social Security Act.
Sec. A-17. 10 MRSA §1044, sub-§12, ¶B, as corrected by RR 2023, c. 2, Pt. C,
§10, is amended to read:
B. Revenue obligation securities of the authority may not be issued until the Director
of the Governor's Energy Resources Office has reviewed and commented upon the
project proposal. The director shall make comments within 30 days after receipt of a
notification and copy of the project proposal from the authority. The authority shall
take the comments into consideration in its processing of the project.
Sec. A-18. 10 MRSA §1211, sub-§8, as corrected by RR 2023, c. 2, Pt. C, §23, is
amended to read:
8. Trade name. "Trade name" means a work word, name, symbol, device or any
combination of the foregoing in any form or arrangement used by a person to identify the
person's business, vocation or occupation and distinguish it from the business, vocation or
occupation of others.
Sec. A-19. 10 MRSA §3263, as amended by PL 1981, c. 585, §7, is further amended
to read:
§3263. Petition for release
Any owner of a building, wharf, pier or real estate upon which a lien is claimed may
petition in writing the judge or justice of the court in which the lien action is filed setting
forth the name of the lienor, the court and county or division in which the action is pending,
the fact that a lien is claimed thereon under sections 3251 to 3254, the particular building,
wharf, pier or real estate, and his the owner's interests therein in the building, wharf, pier
or real estate, its value and his the owner's desire to have it released from said the lien. The
judge or justice shall issue a written notice, which shall must be served on the lienor or his
the lienor's attorney 10 days at least prior to the time fixed therein in the notice for a hearing.
At the hearing, the judge or justice may order such the owner to give bond to the lienor in
such an amount and with such sureties as he the judge or justice may approve, conditioned
to pay the amount for which such the lienor may be entitled to a lien as determined by the
court, with his the lienor's costs in the action, within 30 days after final decree or judgment.
The clerk shall give the plaintiff an attested copy of the complaint and proceedings, with a
certificate under seal of the court attached thereto to the copy of the complaint and
proceedings, that such the bond has been duly filed in his the clerk's office. The record of
such the copy and certificate in