Maine Revised Statutes > Title 38 > Chapter 24 > Subchapter 7 – Finance, Fees and Contracts
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Article 1 | Fees and Contracts | 2191 – 2193 |
| Article 2 | Maine Solid Waste Management Fund | 2201 – 2206 |
| Article 3 | Revenue Obligation Securities and Mortgage Loans | 2211 – 2222 |
Terms Used In Maine Revised Statutes > Title 38 > Chapter 24 > Subchapter 7 - Finance, Fees and Contracts
- Agency: means the Finance Authority of Maine. See Maine Revised Statutes Title 38 Sec. 2211
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Alternative learning: means an educational option that a public school or publicly supported program offers at-risk students by offering some combination of the following: alternative education programs; small class size; flexible scheduling; relevant alternative curricula and assessment; mentoring adults; skilled teachers; a focus on social, emotional and relationship skills; collaboration among home, school and social service agencies; and any other measures designed to accommodate the needs of at-risk students. See Maine Revised Statutes Title 20-A Sec. 1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorizer: means an entity empowered under this chapter to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee and monitor public charter schools and decide whether to renew, not renew or revoke charter contracts. See Maine Revised Statutes Title 20-A Sec. 2401
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Bond: means revenue obligation security. See Maine Revised Statutes Title 38 Sec. 2211
- Bureau: means the Bureau of General Services within the Department of Administrative and Financial Services as authorized pursuant to Title 5, section 1742. See Maine Revised Statutes Title 38 Sec. 2101-A
- Catchment area: means the geographic area from which a public charter school expects to draw the majority of its students, which may not be smaller than the combined enrollment areas of the 2 closest noncharter public schools serving students of the same grade levels as the applicant is proposing to serve, or the geographic area within a radius of 20 miles extending from the public charter school, whichever is smaller. See Maine Revised Statutes Title 20-A Sec. 2401
- Charter contract: means a performance-based contract for a fixed term between a public charter school and an authorizer that describes performance expectations, defines operational responsibilities and outlines the autonomy and accountability for each party to the contract. See Maine Revised Statutes Title 20-A Sec. 2401
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
A. See Maine Revised Statutes Title 19-A Sec. 2101Contract: A legal written agreement that becomes binding when signed. Conversion public charter school: means a public charter school that existed as a noncharter public school before becoming a public charter school. See Maine Revised Statutes Title 20-A Sec. 2401 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. Cost of project: means the cost or value of land, buildings, real estate improvements, labor, materials, machinery and equipment, property rights, easements, franchises, financing charges, interest, engineering and legal services, plans, specifications, surveys, cost estimates, studies and other expenses as may be necessary or incidental to the development, construction, acquisition, financing and placing in operation of an eligible project. See Maine Revised Statutes Title 38 Sec. 2211 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Dependent: A person dependent for support upon another. District board of trustees: means a body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1 Donor: The person who makes a gift. Education service provider: means an education management organization, charter management organization, school design provider or any other partner entity with whom a public charter school intends to contract for a limited scope of education services and resources, including education design, implementation or management. See Maine Revised Statutes Title 20-A Sec. 2401 Eligible collateral: means an eligible project. See Maine Revised Statutes Title 38 Sec. 2211 Eligible project: means any waste facility or the capital costs of any waste disposal service including, but not limited to, real property, personal property, machinery and equipment and related expenses. See Maine Revised Statutes Title 38 Sec. 2211 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Facility: means an eligible project or eligible collateral. See Maine Revised Statutes Title 38 Sec. 2211 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. financial assistance: means guarantees, leases, insurance, financing credits, loans or the purchase or discounts thereof, letters of credit, financing assistance payments, grants or other financial aid. See Maine Revised Statutes Title 38 Sec. 2211 Financial document: means a lease, installment sale agreement, conditional sale agreement, note, mortgage, loan agreement or other instrument pertaining to an extension of financial assistance. See Maine Revised Statutes Title 38 Sec. 2211 financial institution: means any bank, trust company, national banking association, savings bank, savings and loan association, federal savings and loan association, industrial bank, mortgage company, insurance company, credit union, local development corporation or any other institution or entity authorized to do business in this State, or any state or federal agency that customarily provides financing assistance. See Maine Revised Statutes Title 38 Sec. 2211 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school's application. See Maine Revised Statutes Title 20-A Sec. 2401 Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. See Maine Revised Statutes Title 38 Sec. 2211 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lessee: means a tenant under a lease and may include an installment purchaser. See Maine Revised Statutes Title 38 Sec. 2211 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101 Lien: A claim against real or personal property in satisfaction of a debt. Local school board: means a school board exercising management and control of a school administrative unit other than a public charter school formed under this chapter. See Maine Revised Statutes Title 20-A Sec. 2401 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Maturity date: means the date on which final payment is due as provided in a note, revenue obligation security or other financial document. See Maine Revised Statutes Title 38 Sec. 2211 Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 19-A Sec. 1501 Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means an agreement granting a lien on, or a security interest in, eligible collateral with certain conditions and includes, but is not limited to, a mortgage of real estate, an assignment of rents, a pledge or a security agreement. See Maine Revised Statutes Title 38 Sec. 2211 Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC mortgage loan: means an extension of credit made in consideration of a written promise of repayment or any other conditions which may be established by the agency, performance of which may be secured by a mortgage. See Maine Revised Statutes Title 38 Sec. 2211 Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Mortgagor: means the grantor or party giving rights to eligible collateral pursuant to a mortgage and includes the successors or assigns of a mortgagor. See Maine Revised Statutes Title 38 Sec. 2211 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Noncharter public school: means a public school other than a school formed pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 2401 Note: means an evidence of indebtedness and includes a revenue obligation security. See Maine Revised Statutes Title 38 Sec. 2211 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. Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101 Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year. Oversight: Committee review of the activities of a Federal agency or program. Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Personal property: All property that is not real property. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Public charter school: means a public school formed pursuant to this chapter that:
A. See Maine Revised Statutes Title 20-A Sec. 2401Public preschool program: means a program offered by a public elementary school pursuant to chapter 203 that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. See Maine Revised Statutes Title 20-A Sec. 1 Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 Quorum: The number of legislators that must be present to do business. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonable cost: means the cost of private health insurance to the parent responsible for providing medical support that does not exceed amounts adopted by the Department of Health and Human Services in a rule implementing a cost-reasonableness standard. See Maine Revised Statutes Title 19-A Sec. 1501 Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Rent or rental: means payments under a lease. See Maine Revised Statutes Title 38 Sec. 2211 School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1 School union: means a union composed of school administrative units joined for the purpose of providing joint administrative services, including a joint superintendent. See Maine Revised Statutes Title 20-A Sec. 1 security: means a note, bond, interim certificate, debenture or other evidence of indebtedness, payment of which is secured by a pledge of revenues, as provided in this article or by assignment or pledge of other eligible collateral. See Maine Revised Statutes Title 38 Sec. 2211 Start-up public charter school: means a public charter school that did not exist as a noncharter public school prior to becoming a public charter school. See Maine Revised Statutes Title 20-A Sec. 2401 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. total allocation: means the foundation allocation for a year, the debt service allocation for that year, the sum of all adjustments for that year and the total of the additional local appropriations for the prior year. See Maine Revised Statutes Title 20-A Sec. 15752 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Union committee: means the governing body with statutory powers and duties for a school union. See Maine Revised Statutes Title 20-A Sec. 1 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Verdict: The decision of a petit jury or a judge. Virtual public charter school: means a public charter school that offers education services predominantly through an online program. See Maine Revised Statutes Title 20-A Sec. 2401 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72