APPROVED CHAPTER
APRIL 7, 2021 36
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 114 - L.D. 158
An Act To Eliminate Inactive Boards and Commissions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §55-A, as enacted by PL 2003, c. 238, §1 and affected by §2, is
repealed.
Sec. 2. 5 MRSA §90-T, as enacted by PL 2011, c. 304, Pt. D, §2, is repealed.
Sec. 3. 5 MRSA §1547, sub-§7, as enacted by PL 2003, c. 451, Pt. F, §2 and
amended by c. 600, §4, is amended to read:
7. Other related organizations. All legislatively created public instrumentalities and
related organizations for which the State is financially accountable or that have a significant
relationship with the State as defined by a governmental accounting standards board that
are not included in subsection 3, including but not limited to eligible institutions as defined
in section 13103, that receive funds from bond issues must comply with the fiscal reporting
policies established by the State Controller. The fiscal and reporting policies must include:
A. Internal control standards required by section 1541, subsection 10‑A;
B. Quarterly reporting to the State Controller that includes a detail of transactions and
reconciliation of all accounts;
C. No later than October 15th annually, submission to the Department of
Administrative and Financial Services, Office of the State Controller of all financial
statements and schedules of expenditures of federal awards;
D. Financial statements that are prepared in accordance with the standards and
requirements established by a governmental accounting standards board; and
E. Submission annually to the Department of Administrative and Financial Services,
Office of the State Controller of a copy of the independent auditor's report, including
any findings, recommendations and management letter comments, and any other
materials considered necessary by the State Controller.
Legislatively created public instrumentalities and other related organizations required to
comply under this subsection who that must also comply with the federal Office of
Management and Budget circulars, regulations issued by a governmental accounting
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standards board or other accounting, auditing and reporting requirements may submit that
information to the State Controller to satisfy the requirements of this subsection.
Sec. 4. 5 MRSA §12004-G, sub-§4-B, as enacted by PL 2001, c. 196, §1, is
repealed.
Sec. 5. 5 MRSA §12004-I, sub-§2-G, as amended by PL 2011, c. 304, Pt. D, §3,
is repealed.
Sec. 6. 5 MRSA §12004-I, sub-§4-B, as enacted by PL 2007, c. 503, §1, is
repealed.
Sec. 7. 5 MRSA §12004-I, sub-§22-B, as amended by PL 2011, c. 206, §1, is
repealed.
Sec. 8. 5 MRSA §12004-K, sub-§12, as enacted by PL 1987, c. 786, §5, is
repealed.
Sec. 9. 5 MRSA §12004-L, sub-§10, as enacted by PL 1993, c. 381, §9, is repealed.
Sec. 10. 5 MRSA c. 383, sub-c. 5-A, as amended, is repealed.
Sec. 11. 5 MRSA §15303, sub-§6-B, as enacted by PL 2001, c. 196, §10, is
repealed.
Sec. 12. 10 MRSA §949, sub-§2, ¶B, as enacted by PL 2007, c. 420, §7, is
amended by amending subparagraph (3) to read:
(3) Four representatives of the Maine Biomedical Research Board established
pursuant to Title 5, section 12004‑G, subsection 4‑B from bioscience research
laboratories;
Sec. 13. 25 MRSA §2952, sub-§4, as enacted by PL 1991, c. 837, Pt. B, §11 and
c. 841, §8, is repealed.
Sec. 14. 25 MRSA §2954, as repealed and replaced by PL 1993, c. 680, Pt. B, §2,
is repealed.
Sec. 15. 25 MRSA §2955, first ¶, as repealed and replaced by PL 1993, c. 680, Pt.
B, §3, is amended to read:
The commissioner shall establish and operate within the Maine Drug Enforcement
Agency such regional investigative task forces as the commissioner determines, in
consultation with the board, are required for effective drug law enforcement throughout the
State.
Sec. 16. 25 MRSA §2955, 2nd ¶, as repealed and replaced by PL 1993, c. 680, Pt.
B, §3, is amended to read:
The investigative component of each task force is comprised of law enforcement
officers drawn from municipal, county and state law enforcement agencies, who, during
the period in which they serve in the task force, must be placed on a temporary assignment
by their employing law enforcement agencies and in the nonclassified positions within the
agency as established. All agency investigative personnel may not be state employees, for
the purposes of Title 26, chapter 9‑B. All agency investigative personnel shall act in
accordance with rules, policies and procedures established by the commissioner. In
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determining the number, areas of responsibility and investigative complement of these task
forces, the commissioner shall take into account geography, population, and the need for
service and the advice provided by the board.
Sec. 17. 25 MRSA §2955, sub-§1, as repealed and replaced by PL 1993, c. 680,
Pt. B, §3, is amended to read:
1. Director. The agency is managed by a director who reports to the commissioner.
The director must be an experienced law enforcement officer. The Chief of the State
Police, the Maine Sheriffs' Association and the Maine Chiefs of Police Association may
each nominate one candidate as director for submission to the Maine Drug Enforcement
Agency Advisory Board. The advisory board shall submit one of the 3 nominations to the
commissioner, who may appoint that person one of the candidates with the approval of the
Governor. If the commissioner or the Governor does not approve of the candidate 3
candidates submitted, each of the nominating groups is requested to submit an additional
nomination. The director serves at the pleasure of the commissioner. Eligibility for this
appointment is not dependent upon the parent law enforcement agency, if any, of the person
selected. If the person selected is currently an employee of any state, county or local law
enforcement agency, the person must be placed on a temporary assignment by the person's
employing agency. The director reports directly to the commissioner, notwithstanding any
existing command structure of the person's employing agency. Notwithstanding any other
provision of law to the contrary, the person retains and continues to accrue seniority and
retirement rights and benefits within the person's employing agency for the time in which
the person serves as director.
Sec. 18. 25 MRSA §2956, sub-§1, as repealed and replaced by PL 1999, c. 790,
Pt. A, §32, is amended to read:
1. Rules. The commissioner shall, with the advice of the board, adopt rules, practices
and policies respecting the administration of the agency. The rules, practices and policies
of the agency must be in conformity with state law and must accomplish the goal of an
integrated drug enforcement effort. These rules, practices and policies may include:
A. The qualifications, hiring, term of service and disciplinary standards for
commanders, supervisors and agents;
B. Protection as to financial and employment security for any law enforcement officer
selected as any official of the agency with respect to the person's position with any
municipal, county or state law enforcement policy or political subdivision;
C. Standard operating procedures for the agency;
D. Procurement procedures; or
E. Procedures for dissemination of records.
Sec. 19. 25 MRSA §2957, as amended by PL 2011, c. 662, §17, is further amended
to read:
§2957. Confidentiality
Notwithstanding any other provisions provision of law to the contrary, the investigative
records of the agency are confidential and all meetings of the board are subject to Title 1,
chapter 13, subchapter 1, except that those meetings may be held in executive session to
discuss any case investigations or any disciplinary actions.
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 Sec. 20. 25 MRSA §2958, as repealed and replaced by PL 1999, c. 790, Pt. D, §8,
is amended to read:
§2958. Prosecution protocol
The Attorney General, after consultation with the 8 district attorneys, the United States
Attorney for the District of Maine and the board agency, shall establish by rule a protocol
that governs the selection of the state or federal court system for prosecution of drug cases
investigated by the agency.
Sec. 21. 34-A MRSA §3002-B, as enacted by PL 2007, c. 503, §2, is repealed.
Sec. 22. 38 MRSA §343-D, as amended by PL 2011, c. 206, §§5 and 6 and affected
by §37, is repealed.
Sec. 23. 38 MRSA §353-A, sub-§4, as amended by PL 1993, c. 500, §3 and
affected by §5, is further amended to read:
4. Maximum and minimum fees. The minimum annual fee is $250 per year. The
maximum annual fee is $150,000 per year. Beginning November 1, 1994, the minimum
annual fee surcharge is $100 per year and the maximum annual fee surcharge is $50,000
per year. The commissioner may reduce any fee required under the federal Clean Air Act
Amendments of 1990 to take into account the financial resources of a small business
stationary source as defined in section 343‑D, subsection 1, which for the purposes of this
subsection means a source that meets the eligibility requirements of 42 United States Code,
Section 7661f.
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Statutes affected:
Bill Text LD 158, HP 114: 5.55, 5.90, 5.1547, 5.12004, 5.15303, 10.949, 20-A.5151, 20-A.5152, 22.271, 22.272, 25.2952, 25.2954, 25.2955, 25.2956, 25.2957, 25.2958, 34-A.3002, 38.343, 38.353
Bill Text ACTPUB , Chapter 36: 5.55, 5.90, 5.1547, 5.12004, 5.15303, 10.949, 25.2952, 25.2954, 25.2955, 25.2956, 25.2957, 25.2958, 34-A.3002, 38.343, 38.353