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Public Law
123rd Legislature
First Regular Session
Chapter 134
S.P. 435 - L.D. 1249
An Act To Amend the Composition of the Maine Port Authority
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §285, sub-§1, ¶F-6  is enacted to read:
 
F-6.  Any employee of the Maine Port Authority; 
Sec. 2. 5 MRSA §12004-F, sub-§8,  as enacted by PL 1987, c. 786, §5, is amended to read:
 
8.   
Maine Port Authority	 	 $25/Day $100/Meeting Plus Expenses 	23 MRSA §4420	
 
 Sec. 3. 5 MRSA §17001, sub-§40,  as amended by PL 2005, c. 279, §3, is further amended to read:
 
40. State employee.   “State employee” means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20-A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
 
A. A judge, as defined in Title 4, section 1201 or 1301, who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29;
 
B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195; or
 
C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29.
Sec. 4. 23 MRSA §4421,  as amended by PL 1983, c. 812, §147, is repealed and the following enacted in its place:
§ 4421.   Directors; appointment; president; vacancy 
The Maine Port Authority consists of a board of directors, referred to in this section as “the board.” The board consists of 7 directors who must be broadly representative of the State and must have a background in international trade, marine transportation, finance or economic development. Five directors are appointed by the Governor, each to serve for 4 years. The Commissioner of Transportation serves as an ex officio member of the board and as chair of the board and president. The president of the Maine International Trade Center serves as an ex officio member of the board. The directors shall elect a vice-chair, treasurer and other officers as the board determines necessary. A vacancy must be filled for an unexpired term by the Governor.
 
1.   Meetings of directors; compensation.     All the powers of the Maine Port Authority may be exercised by the board in lawful meeting and a majority of the directors is necessary for a quorum. Regular meetings of the board may be established by bylaw, and notice need not be given to the directors of a regular meeting. Each director, other than those who serve ex officio, is entitled to compensation in the amount of $100 per board meeting plus expenses, but only if the compensation is provided solely from the revenues of the Maine Port Authority. 
 
2.   Actions at law or in equity.     Actions at law or in equity in the courts of this State or before the Public Utilities Commission or Workers’ Compensation Board may be brought by or against the Maine Port Authority as if it were a private corporation, except that its property may not be attached, trusteed or sequestered, but, if a judgment recovered against it is not paid within 30 days, its personal property may be seized on execution. 
Sec. 5. 23 MRSA §4430  is enacted to read:
§ 4430.  Employees 
 
1.  Employees.     The board of directors of the Maine Port Authority may hire employees as the board considers necessary to fulfill its purposes. The board may also contract for the services of assistants, attorneys, experts, inspectors and consultants as the board considers necessary or desirable for its purposes. 
 
2.   Retirement.     Employees of the Maine Port Authority are subject to the state retirement system provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2. 
 
The retirement accounts of state employees transferred to the authority in its capacity as an independent agency must remain in the state regular plan. New employees of the authority shall also become members of the Maine State Retirement System under the state regular plan. The authority shall make employer retirement plan contributions at the state regular plan rate. Employee retirement plan contributions are at the state regular plan rate.
 
Authority employees are entitled to receive the same retirement health benefits as state employees.
 
3.   Fringe benefits.     The accrued fringe benefits of state employees transferred to the Maine Port Authority in its capacity as an independent agency, including vacation and sick leave, health and life insurance and retirement, remain with the transferred employee. 
 
Effective September 20, 2007