Maine Revised Statutes Title 35-A Sec. 4131 – Creation of Maine Municipal and Rural Electrification Cooperative Agency
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1. Establishment. The Maine Municipal and Rural Electrification Cooperative Agency, as established pursuant to Title 5, chapter 379, is a body politic and corporate and political subdivision of the State with the duties and powers set forth in this chapter. The agency is constituted as a public instrumentality and as a quasi-municipal corporation, and the exercise by the agency of the powers conferred by this chapter is held to be the performance of public and essential governmental functions of the State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 4131
- Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103
- Contract: A legal written agreement that becomes binding when signed.
- Cooperative: means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35, chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. See Maine Revised Statutes Title 35-A Sec. 4103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. See Maine Revised Statutes Title 35-A Sec. 4103
- Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. See Maine Revised Statutes Title 35-A Sec. 4103
- Quorum: The number of legislators that must be present to do business.
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Powers. The powers of the agency shall be exercised by a board of directors.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3. Appointment of directors. Directors shall be appointed as follows.
A. The governing body or board of directors of any municipality and the board of trustees or directors of any cooperative shall each select a single director to serve on the board, provided that no director may be selected by more than one cooperative or municipality. [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The Governor shall also appoint as a member a person who is not affiliated with any municipality or cooperative, as defined in section 4103, subsection 5, to represent the general public. [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. The Director of the Governor’s Energy Office, or another employee of that office, as the director may from time to time designate in writing filed with the clerk of the agency, shall serve as a member of the board of directors. [PL 2011, c. 655, Pt. MM, §17 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]
[PL 2011, c. 655, Pt. MM, §17 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]
4. Oath. Each director, before entering upon that director’s duties, shall take and subscribe an oath to perform the duties of office faithfully, impartially and justly to the best of that director’s ability. A record of the oaths must be filed in the office of the Secretary of State.
[RR 2021, c. 1, Pt. B, §421 (COR).]
5. Term. Directors serve for terms of 5 years each. The terms end on July 1st each year as follows: Two in 1982 and every 5 years thereafter; 2 in 1983 and every 5 years thereafter; 2 in 1984 and every 5 years thereafter; 2 in 1985 and every 5 years thereafter; and the balance if any in 1986 and every 5 years thereafter. Each director holds office until that director’s successor is appointed and qualified. A director is eligible for reappointment.
[RR 2021, c. 1, Pt. B, §422 (COR).]
6. Vacancy. Any vacancy in the office of director occurring other than by expiration of term shall be filled by a successor director, who shall serve for the remaining term of office so vacated.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
7. Removal. Each director may be removed from office by the Governor for cause, after a public hearing, and may be suspended by the Governor pending the completion of the hearing.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
8. Quorum. A majority, but not less than 3, of the directors then in office constitutes a quorum for the transaction of any business or the exercise of any power of the agency. Action may be taken and motions and resolutions adopted by the agency at any meeting by the affirmative vote of a majority of directors of the agency then in office. No vacancy in the office of director of the agency may impair the right of a quorum of the directors to exercise all powers and take any action.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
9. Bylaws. The board of directors of the agency shall adopt bylaws or other rules and regulations for the management of the affairs of the agency and carrying out the purposes of this chapter.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
10. Officers. The board of directors shall also elect one of its member directors as chair of the agency and shall also elect a treasurer and secretary who may be, but need not be, directors. It may elect other officers and agents as necessary to perform those acts commonly delegated to the officers and agents of a business corporation and shall set their compensation.
[RR 2021, c. 1, Pt. B, §423 (COR).]
11. Voting; conflict of interest. A director or officer of the agency who is also an officer, employee or member of a legislative body of a municipality or other public body or the State may not be precluded from voting or acting on behalf of the agency on a matter involving the municipality or public body or the State. Neither shall service as a director or officer of the agency constitute a conflict of interest for an officer, employee or member of a municipality or public body or the State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
12. Agency existence. The agency and its existence shall continue as long as it has notes, bonds or other obligations or indebtedness outstanding, including notes, bonds or other obligations or indebtedness issued or incurred, and until its existence is terminated by law. The net earnings of the agency, beyond that necessary for retirement of its notes, bonds or other obligations or indebtedness or to implement the public purposes and programs authorized in this chapter, may not inure to the benefit of any person other than the State. Upon termination of the existence of the agency, title to all of the property owned by the agency, including any net earnings of the agency, shall vest in the State. The State reserves the right at any time to alter, amend, repeal or otherwise change the structure, organization, programs or activities of the agency, including the power to terminate the agency, subject to any limitation on the impairment of the obligation of any contract entered into by the agency.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF). PL 1995, c. 254, §12 (AMD). PL 2011, c. 655, Pt. MM, §17 (AMD). PL 2011, c. 655, Pt. MM, §26 (AFF). RR 2021, c. 1, Pt. B, §§421-423 (COR).