APPROVED CHAPTER
JUNE 17, 2021 275
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1126 - L.D. 1522
An Act To Update and Eliminate References in Statute to Selectmen and
Overseers of the Poor
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 1 MRSA §72, sub-§12, as repealed and replaced by PL 1977, c. 479, §1, is
amended to read:
12. Municipal officers. "Municipal officers" means the mayor and aldermen or
councillors of a city, the selectmen members of the select board or councillors of a town
and the assessors of a plantation.
Sec. 2. 5 MRSA §1742-B, first ¶, as amended by PL 2005, c. 489, §1, is further
amended to read:
The Department of Administrative and Financial Services, Bureau of General Services,
referred to as "the bureau" in this section, shall provide written notification to the municipal
manager or, in the absence of a manager, the first selectman chair of the municipal officers
of a state construction project or public improvement within the boundaries of that
municipality as soon as practicable after beginning the schematic design process. If a
municipality intends to review and issue building permits on state construction projects and
public improvements, the municipality must file a notice of intent with the bureau no later
than 45 days following receipt of notification by the bureau of the state construction project
or public improvement. Once the required notice is filed, the projects and improvements
to state-owned or leased buildings must comply with municipal ordinances governing the
construction and alteration of buildings, provided that as long as the municipal building
code standards are as stringent as, or more stringent than, the code for state buildings. Prior
to requesting bids, the bureau shall obtain or it shall require the project designer to obtain
municipal approval of the project plans and specifications. Contractors and subcontractors
shall obtain all necessary municipal building permits and the project must be subject to
municipal inspections.
Sec. 3. 17 MRSA §2795, 2nd ¶ is amended to read:
When application is made for such license, said officers shall assign a time and place
for its consideration, and give at least 14 days' public notice thereof, in such manner as they
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think proper, at the expense of the applicant. Any person aggrieved by the decision of the
selectmen select boards of towns in granting or refusing such license may appeal therefrom
within 30 days to the Superior Court held in said county, which court may appoint a
committee of 3 disinterested persons, as is provided in relation to appeals from location of
highways. Said committee shall must be sworn and shall give 14 days' notice of the time
and place of their hearing to the parties interested, view the premises, hear the parties, and
affirm, reverse or annul the decision of said selectmen select board, and their decision shall
be is final. Pending such appeal from granting such license, the Superior Court may enjoin
the erection of such building and engine.
Sec. 4. 17 MRSA §3205, 5th ¶ is amended to read:
The municipal officers of cities shall take action upon the acceptance hereof upon
receipt of a petition therefor signed by at least 100 registered voters in said city and shall
hold such public hearings thereon as they may deem consider necessary. The selectmen
select board or other municipal officers of towns shall insert an article in the warrant for
the next annual town meeting for the acceptance of the provisions of this section after
receipt of a petition therefor signed by at least 25 registered voters of such town.
Sec. 5. 18-C MRSA §5-704, as enacted by PL 2017, c. 402, Pt. A, §2 and affected
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§5-704. Nomination of public guardian or conservator
1. Nomination of public guardian. Any person who is eligible to petition for
appointment of a guardian under section 5‑302, subsection 1, including the commissioner
of any state department, the head of any state institution, the overseers of the poor board of
overseers and the welfare director or health officer of any municipality, may nominate the
public guardian.
2. Nomination of public conservator. Any person who is eligible to petition for
appointment of a conservator under section 5‑402, subsection 1, including the
commissioner of any state department, the head of any state institution, the overseer of the
poor board of overseers and the welfare director or health officer of any municipality, may
nominate the public conservator.
3. Article applies to proceedings for determining appointment. Except as
supplemented by section 5‑705, the proceedings for determining the appointment of a
public guardian or conservator are governed by the provisions of this Article for the
appointment of guardians and conservators generally.
Sec. 6. 21-A MRSA §1, sub-§26, as enacted by PL 1985, c. 161, §6, is amended
to read:
26. Municipal officers. "Municipal officers" means the mayor and aldermen or
councillors of a city, the selectmen members of the select board or councillors of a town
and the assessors of a plantation.
Sec. 7. 23 MRSA §2103, first ¶, as amended by PL 2015, c. 494, Pt. A, §27, is
further amended to read:
When a highway survey has not been properly recorded or preserved or the termination
and boundaries cannot be ascertained, the select board of selectmen or municipal officers
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of any municipality may use and control for highway purposes 1 1/2 rods on each side of
the center of the traveled portion of such way.
Sec. 8. 23 MRSA §2701, as amended by PL 1985, c. 80, is further amended to read:
§2701. Powers and duties
The road commissioner, under the direction of a majority of the selectmen members of
the select board, shall have has charge of the repairs of all highways and bridges within the
towns and shall have has authority to employ the necessary personnel and equipment and
purchase material for the repair of highways and bridges. The road commissioner shall give
bond to the satisfaction of the selectmen select board and be is responsible to them the
select board for the expenditure of money and discharge of his the road commissioner's
duties generally. In the absence of a statute, charter provision or ordinance to the contrary,
any decision involving the duties and responsibilities of the road commissioner shall must
be made by a majority of the selectmen members of the select board, whose decision shall
be is final. The road commissioner's compensation shall must be such sum as the legislative
body votes annually. The road commissioner shall render to the selectmen select board
monthly statements of his the road commissioner's expenditures and may not receive no
any money from the treasury, except on the order of the selectmen select board.
If a majority of the selectmen determine members of the select board determines that a
condition exists in any town way which that creates a hazard and renders the way unsafe
for travelers with motor vehicles, the selectmen select board shall give written notice to the
road commissioner of this condition and order him the road commissioner to eliminate it
or take interim measures to protect the public within 24 hours. If the road commissioner
fails to act as directed by the selectmen select board, a majority of the selectmen members
of the select board may enter contracts or take any other steps necessary to eliminate the
safety hazard.
Sec. 9. 23 MRSA §2702 is amended to read:
§2702. Regular inspections
Road commissioners shall go over the roads in their towns, or cause it to be done, in
April, May, June, August, September, October and November in each year, remove the
loose obstructions to the public travel and, whenever so directed by the selectmen select
board, remove all shrubbery and bushes growing within the limits of highways, not planted
or cultivated therein for the purpose of profit or ornamentation, having care for the proper
preservation of shade trees, and repair such defects as may occur from time to time,
rendering travel dangerous, or they shall give notice of such defects to the municipal
officers under a penalty of $5 for neglect of such duty.
Sec. 10. 23 MRSA §2751 is amended to read:
§2751. Division by municipal officers
When a way is established on a line between towns, their municipal officers shall divide
it crosswise and assign to each town its portion thereof by metes and bounds, which, within
one year thereafter, being accepted by each town at a legal meeting, shall render renders
each town liable in the same manner as if the way were wholly within the town. When a
division of it is not so made, the selectmen select board of either town may petition the
county commissioners, who shall give notice by causing a copy of such application with
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their order thereon appointing a time and place of hearing to be served upon the clerk of
each town 30 days, or by causing it to be published in some newspaper printed in the county
for 3 weeks, previous to the time appointed, and after hearing the parties, they may make
such division.
Sec. 11. 26 MRSA §935, 3rd ¶, as enacted by PL 1985, c. 294, §§2 and 3, is
amended to read:
The board shall, upon the request of the Governor or the mayor of a city or the
selectman select board of a town, investigate and report upon any labor controversy if, in
its opinion, it threatens the public welfare.
Sec. 12. 26 MRSA §1043, sub-§28, as amended by PL 2011, c. 678, Pt. C, §8, is
further amended to read:
28. Governmental entity. "Governmental entity" means the State of Maine, and its
instrumentalities, political subdivisions and school administrative units as represented by
their elected or appointed governing bodies and includes, without limitation, city and town
councils, select boards of selectmen, boards of county commissioners, municipally owned
and operated hospitals and administrative entities formed under Title 30‑A, chapter 115. In
the case of school administrative units, governing bodies include, without limitation,
municipal school committees, school administrative district directors and community
school district school committees. In the case of special purpose districts, governing bodies
include, without limitation, boards of directors or trustees.
Sec. 13. 28-A MRSA §2, sub-§21, as enacted by PL 1987, c. 45, Pt. A, §4, is
amended to read:
21. Municipal officers. "Municipal officers" means the mayor and aldermen or
councillors of a city, the selectmen members of the select board or councillors of a town
and the assessors of plantations.
Sec. 14. 30-A MRSA §52, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
1. Municipal offices. No A person holding the office of county commissioner may
not at the same time hold either the office of mayor or assessor of a city or the office of
selectman be a member of a select board or hold the office of assessor of a town.
Sec. 15. 30-A MRSA §722, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
2. Municipal officials. "Municipal officials" means the mayor, aldermen, councillors
or manager of a city and the selectmen members of the select board, councillors or manager
of a town located in Androscoggin County.
Sec. 16. 30-A MRSA §822, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
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 2. Municipal officials. "Municipal officials" may include the mayor, aldermen,
councillors or manager of a city, the selectmen members of the select board, councillors or
manager of a town and the assessors of a plantation located in Piscataquis County.
Sec. 17. 30-A MRSA §822, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
3. Municipal officers. "Municipal officers" means the elected mayor, aldermen or
councillors of a city, the selectmen members of the select board or councillors of a town
and the assessors of a plantation located in Piscataquis County.
Sec. 18. 30-A MRSA §852, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
2. Municipal officers. "Municipal officers" means the mayor, councillors or
selectmen members of the select board.
Sec. 19. 30-A MRSA §892, sub-§4, as enacted by PL 1991, c. 204, §2, is amended
to read:
4. Municipal officer; definition. The term "municipal officer," as it refers to the
Oxford County Budget Advisory Committee in this section, means a selectman member of
the select board or council member.
Sec. 20. 30-A MRSA §1605, sub-§8, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10 and PL
2003, c. 689, Pt. B, §6, is further amended to read:
8. Evaluation of need of dependents. The welfare director or the board of overseers
of the poor of the municipality in which the prisoner's dependents reside, or the Department
of Health and Human Services, shall at the request of the court investigate and report to the
court the amount necessary for the support of the prisoner's dependents.
Sec. 21. 30-A MRSA §2001, sub-§10, ¶A, as enacted by PL 1987, c. 737, Pt. A,
§2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10,
is further amended to read:
A. The selectmen members of the select board or councillors of a town; or
Sec. 22. 30-A MRSA §2521, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C,
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
§2521. Call of town meeting
Each town meeting shall must be called by a warrant. The warrant must be signed by
a majority of the selectmen members of the select board, except as follows.
1. First town meeting. The first town meeting shall must be called in the manner
provided in the act of incorporation.
2. Majority of selectmen members of select board. If, for any reason, a majority of
the selectmen members of the select board do not remain in office, a majority of those
remaining may call a town meeting.
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 3. Petition of 3 voters, if no selectmen select board. When a town, once organized,
is without selectmen a select board, a notary public may call a meeting on the written
petition of any 3 voters.
4. Petition by voters, if selectmen refuse select board refuses. If the selectmen
select board unreasonably refuse refuses to call a town meeting, a notary public may call
the meeting on the written petition of a number of voters equal to at least 10% of the number
of votes cast in the town at the last gubernatorial election, but in no case less than 10.
Sec. 23. 30-A MRSA §2524, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
2. Moderator elected and sworn. The clerk, or in the clerk's absence a selectman
member of the select board or constable, shall open the meeting by:
A. Calling for the election of a moderator by written ballot;
B. Receiving and counting the votes for moderator; and
C. Swearing in the moderator.
Sec. 24. 30-A MRSA §2524, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
3. Moderator presides. As soon as the moderator has been elected and sworn, the
moderator shall preside over and supervise the voting at the meeting and may appoint a
deputy moderator to assist the moderator. If the moderator is absent or is unable to carry
out the duties, the clerk, or in the clerk's absence a selectman member of the select board
or constable, may call for the election of a deputy moderator to act in the absence of the
moderator.
A. All persons shall be silent at the moderator's command. A person may not speak
before that person is recognized by the moderator. A person who is not a voter in the
town may speak at the meeting only with the consent of 2/3 of the voters present.
(1) If any person, after a command for order by the moderator, continues to act in
a disorderly manner, the moderator may direct that person to leave the meeting. If
the person refuses to leave, the moderator may have that person removed by a
constable and confined until the meeting is adjourned.
B. When a vote declared by the moderator is immediately questioned by at least 7
voters, the moderator shall make it certain by polling the voters or by a method directed
by the municipal legislative body.
C. The moderator shall serve until the meeting is adjourned. The moderator is subject
to the same penalties for neglect of official duty as other town officials.
Sec. 25. 30-A MRSA §2525, sub-§1, ¶B, as enacted by PL 1987, c. 737, Pt. A, §2
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is
further amended to read:
B. Selectmen Select board; and
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 Sec. 26. 30-A MRSA §2526, sub-§3, ¶A, as enacted by PL 19