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Preview: Governor Baldacci's Executive Orders

Maine Governor's Executive Orders



Executive Orders issued by the Governor of Maine.



Copyright: Copyright 2017 All rights reserved.
 



An Order To Offer Assistance To Municipalities In The Review Of Land Enrolled In The Tree Growth Tax Law Program

Tue, 25 Jul 2017 09:58:54 EDT

2017-008 July 24, 2017



AN ORDER TO OFFER ASSISTANCE TO MUNICIPALITES IN THE REVIEW OF LAND ENROLLED IN THE TREE GROWTH TAX LAW PROGRAM

WHEREAS, Maine's natural resources are a fundamental part of our lives as Mainers and our State's economy; and

WHEREAS, proper enforcement of our Tree Growth Tax Law Program ensures that these assets are managed for the benefit of all Mainers; and

WHEREAS, the Tree Growth Tax Law Program provides an incentive for woodland owners to actively manage their property; and

WHEREAS, woodland property enrolled in the Tree Growth Tax Law Program covers 11.2 million acres in the State of Maine; and

WHEREAS, woodland owners who participate in the Tree Growth Tax Law Program are required to have a forest management plan and are required to follow the conditions of their plan; and

WHEREAS, woodland owners who participate in the Tree Growth Tax Law Program shift a portion of their property tax burden to other property taxpayers in their municipalities; and

WHEREAS, municipal assessors are responsible for administering the Tree Growth Tax Law Program and assessors can request technical assistance from the Maine District Foresters and Forest Rangers from the Bureau of Forestry under the Department of Agriculture, Conservation and Forestry; and

WHEREAS, the Bureau of Forestry found in its previous work with municipal assessors that some woodland owners who participate in the Tree Growth Tax Law Program are not fulfilling their responsibilities under the program; and

WHEREAS, the failure of some woodland owners to follow their forest management plan under the Tree Growth Tax Law Program jeopardizes the credibility of the program and creates perennial uncertainty about the program's stability among the large percentage of woodland owners who are fulfilling their responsibilities under their forest management plans;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Bureau of Forestry to undertake the following actions to ensure that municipal assessors can carry out their administrative duties under the Tree Growth Tax Law Program:

1. Contact all municipal assessors in the state and offer technical assistance in reviewing the forest management plans of parcels enrolled in the Tree Growth Tax Law Program;

2. When requested by a municipal assessor, a district forester will review a forest management plan and provide recommendations if needed on how to fulfill the requirements of the forest management plan to both the municipal assessor and the woodland owner;

3. Assist any woodland owners found not in compliance with the Tree Growth Tax Law Program and help bring their forest management plans into compliance within a reasonable amount of time;

The Bureau of Forestry shall submit a report of its findings with respect to the above actions to the Office of the Governor no later than December 15 of calendar year starting in 2017.

The effective date of this Executive Order is July 24, 2017.

Paul R. LePage, Governor




An Order Rescinding The Civil Preparedness Emergency Executive Order Of July 3, 2017

Fri, 07 Jul 2017 09:50:30 EDT

2017-006 July 4, 2017



AN ORDER RESCINDING THE CIVIL PREPAREDNESS EMERGENCY EXECUTIVE ORDER OF JULY 3, 2017

WHEREAS, by virtue of the authority vested in me by the Constitution and Laws of the State of Maine, I declared a state of emergency in this State on July 1, 2017, thereby deployed those forces and resources necessary and appropriate to execute those laws that minimize the risk of harm to persons and their property; and

WHEREAS, in order to appropriately manage to the emergency, I issued Executive Order #2017-005, "An Order Regarding Civil Emergency Preparedness"; and

WHEREAS, a budget document that appropriates and allocates funds sufficient to operate State government during the coming biennium has since become effective; and

WHEREAS, I have therefore declared the immediate termination of the state of emergency that began on July 1, 2017;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby rescind Executive Order #2017-005 "An Order Regarding Civil Emergency Preparedness." This Executive Order shall be effective upon my signature.



Paul R. LePage Governor



An Order to Rescind The Executive Order Regarding The Marijuana Legalization Act

Fri, 07 Jul 2017 09:49:13 EDT

2017-007 July 6, 2017



AN ORDER TO RESCIND THE EXECUTIVE ORDER REGARDING THE MARIJUANA LEGALIZATION ACT

WHEREAS, the 128th Maine Legislature has amended the Marijuana Legalization Act to assign substantial rulemaking, regulatory, and enforcement authority to the Commissioner of Administrative and Financial Services; and

WHEREAS, the 128th Maine Legislature has appropriated funding to conduct the rulemaking necessary to implement the Act; and

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby order and direct as follows: Executive Order 2017-002 is hereby rescinded. This Executive Order is effective immediately upon signature.



Paul R. LePage Governor



An Order Regarding Civil Emergency Preparedness

Mon, 03 Jul 2017 19:16:28 EDT

July 3, 2017 AN ORDER REGARDING CIVIL EMERGENCY PREPAREDNESS WHEREAS, 5 M.R.S. §1501 requires that the 2018-2019 fiscal biennium commence on July 1, 2017; and WHEREAS, a budget document contemplated by 5 M.R.S. §1662 et. seq that would appropriate and allocate funds sufficient to operate State government during that biennium has not become law by July 1, 2017; and WHEREAS, this even substantially affects the means by which the Executive Branch may faithfully execute the laws in accordance with Article V, Part First, Section 12; and WHEREAS, the failure to execute faithfully those laws that serve the government's most fundamental purpose - to provide protection against the risk of harm to persons and their property - poses a direct and imminent risk of harm to those persons and their property, including property under the care of the State of Maine on behalf of the People; and WHEREAS, this risk gives rise to a civil emergency within the meaning of the Maine Emergency Management Act, 37-B M.R.S. §701 et. seq; and WHEREAS, that Act empowers the Governor, upon declaration of a civil emergency, to minimize and repair injury and damage resulting from such an emergency; and WHEREAS, by virtue of the authority vested in me by the Constitution and Laws of the State of Maine, I declared a state of emergency in this State on July 1, 2017, and thereby deployed those forces and resources necessary and appropriate to execute those laws that minimize the risk of harm to persons and their property; WHEREAS, that Act empowers the Governor, upon declaration of a civil emergency, to minimize and repair injury and damage resulting from such emergency; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, order the continuous provision of state services through the continuous employment of only those State employees hereafter identified. Standard for Determining the Workforce and its Functions Only those persons employed by the State whose duties and functions minimize the risk of direct and imminent injury to persons, or minimize the risk of direct, imminent and substantial harm to property, or that serve to repair any such injury to persons or harm to property, or are necessary to completing that portion of the law-making process that will relieve the state of emergency, or whose functions are necessary or appropriate to meet additional needs covered by the Maine Emergency Management Act, shall be allowed to report to work and perform their assigned tasks during the duration of this Order. Procedure for Determining the Workforce and its Functions The commissioner, director or head of every department, office or agency, as well as the Treasurer, Secretary of State, State Auditor, and Attorney General, have determined, in accordance with the above standard, which employees should work and which services should be provided during the durations of this Order. The persons listed above shall, in accordance with the above standard, have reported the specific position(s) and the specific functions(s) to the Office of the Governor. The Office of the Governor has reviewed and approved or disapproved those determinations. Any future proposed amendments to the report containing the list of employees and functions shall immediately be sent to the Office of the Governor. The Office of the Governor shall promptly review and approve or disapprove the proposed amendment. Any employee not approved shall not attempt to perform his or her work during the duration of this order. Effective Date and Duration of this Order This Order shall become effective at 5:00 P.M. on July 3, 2017, and shall remain in effect until the state of emergency is terminated by Executive Proclamation, or until 5:00 P.M. on July 6, 2017 whichever is earlier. If the state of emergency still exists by 5:00 P.M. on July 6, 2017, this Order shall be reviewed and revised accordingly. Paul R. LePage Governor [...]



An Order Regarding Civil Emergency Preparedness

Mon, 03 Jul 2017 19:17:31 EDT

June 30, 2017 AN ORDER REGARDING CIVIL EMERGENCY PREPAREDNESS WHEREAS, 5 M.R.S. §1501 requires that the 2018-2019 fiscal biennium commence on July 1, 2017; and WHEREAS, a budget document contemplated by 5 M.R.S. §1662 et. Seq that would appropriate and allocate funds sufficient to operate State government during that biennium has not become law by July 1, 2017; and WHEREAS, this even substantially affects the means by which the Executive Branch may faithfully execute the laws in accordance with Article V, Part First, Section 12; and WHEREAS, the failure to execute faithfully those laws that serve the government's most fundamental purpose - to provide protection against the risk of harm to persons and their property - poses a direct and imminent risk of harm to those persons and their property, including property under the care of the State of Maine on behalf of the People; and WHEREAS, this risk gives rise to a civil emergency within the meaning of the Maine Emergency Management Act, 37-B M.R.S. §701 Et. Seq; and WHEREAS, that Act empowers the Governor, upon declaration of a civil emergency, to minimize and repair injury and damage resulting from such an emergency; and WHEREAS, by virtue of the authority vested in me by the Constitution and Laws of the State of Maine, I declared a state of emergency in this State on July 1, 2017, and thereby deployed those forces and resources necessary and appropriate to execute those laws that minimize the risk of harm to persons and their property; WHEREAS, that Act empowers the Governor, upon declaration of a civil emergency, to minimize and repair injury and damage resulting from such emergency; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, order the continuous provision of state services through the continuous employment of only those State employees hereafter identified. Standard for Determining the Workforce and its Functions Only those persons employed by the State whose duties and functions minimize the risk of direct and imminent injury to persons, or minimize the risk of direct, imminent and substantial harm to property, or that serve to repair any such injury to persons or harm to property, or are necessary to completing that portion of the law-making process that will relieve the state of emergency, or whose functions are necessary or appropriate to meet additional needs covered by the Maine Emergency Management Act, shall be allowed to report to work and perform their assigned tasks during the duration of this Order. Procedure for Determining the Workforce and its Functions The commissioner, director or head of every department, office or agency, as well as the Treasurer, Secretary of State, State Auditor, and Attorney General, have determined, in accordance with the above standard, which employees should work and which services should be provided during the durations of this Order. The persons listed above shall, in accordance with the above standard, have reported the specific position(s) and the specific functions(s) to the Office of the Governor. The Office of the Governor has reviewed and approved or disapproved those determinations. Any future proposed amendments to the report containing the list of employees and functions shall immediately be sent to the Office of the Governor. The Office of the Governor shall promptly review and approve or disapprove the proposed amendment. Any employee not approved shall not attempt to perform his or her work during the duration of this order.Effective Date and Duration of this Order This Order shall become effective at 12:01 A.M. on July 1, 2017, and shall remain in effect until the state of emergency is terminated by Executive Proclamation, or until 5:00 P.M. on July 3, 2017, whichever is earlier. If the state of emergency still exists by 5:00 P.M. on July 3, 2017, this Order shall be reviewed and revised accordingly. Paul R. LePage Governor [...]



An Order Re-Establishing Certain Evaluation Criteria in Competitive Bidding

Tue, 18 Apr 2017 15:44:23 EDT

2017-003

AN ORDER RE-ESTABLISHING CERTAIN EVALUATION CRITERIA IN COMPETITIVE BIDDING

WHEREAS, Maine law provides that competitive bidding is the primary means by which the State procures goods and services; and WHEREAS, the State of Maine procures necessary goods and services on a best-value basis and encourages full and open competition among all possible bidders; and WHEREAS, this Administration recognizes that the value of goods and services may have an impact on the economic health of both the private and public sectors;

WHEREAS, recognizing the potential returns on investment of State contracts is necessary to fully inform best-value analysis during the contract award process; and

WHEREAS, this Administration recognizes the value of business enterprises located in the State and/or with a substantial investment in the State.

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby repeal Executive Order 2012-004 and re-establish evaluation criteria for competitive bidding as follows:

Evaluators of competitive bids for goods and services shall give consideration to the investment in the State by business enterprises as a best-value criterion. Consideration for Maine business enterprises may result in low cost or top scoring bids not being considered as the best-value for the State of Maine.

This Executive Order is effective April 17, 2017, for all competitive bids published on or after this date.



An Order Regarding Executive Branch Implementation of the Marijuana Legalization Act

Mon, 30 Jan 2017 14:35:04 EST

2017-002

AN ORDER REGARDING EXECUTIVE BRANCH IMPLEMENTATION OF THE MARIJUANA LEGALIZATION ACT

WHEREAS, on Tuesday, November 8, the People of Maine voted to approve the "Marijuana Legalization Act" by a majority of the votes given and the Act will be effective beginning January 30, 2017; and

WHEREAS, the 128th Maine Legislature has not yet taken action to ensure the proper oversight of the Act, or appropriated the necessary funds to enable the rulemaking for licensing and enforcement of the Act and will not have taken such action by the time the Act becomes operative; and

WHEREAS, the Executive Branch will be required to expend substantial funds in order to conduct the rulemaking required by the Act; and

WHEREAS, the retail sales, licensing, enforcement, and rulemaking expertise of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services is beneficial and necessary to the development and enforcement of the rules required by the Act;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. Pursuant to the "Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act," the Commissioner of Agriculture, Conservation and Forestry is directed to delegate rulemaking authority granted under the "Marijuana Legalization Act" to the Commissioner of Administrative and Financial Services for rule-making, which shall rely on the expertise of the Bureau of Alcoholic Beverages and Lottery Operations.

2. No employee or department of the Executive Branch may expend funds for the purpose of implementing the Marijuana Legalization Act until an appropriation is made by the Legislature for that purpose. The effective date of this Executive Order is January 30, 2017.






An Order Regarding Support for Regional Efforts to Achieve Efficiencies in Delivering Educational Services

Tue, 03 Jan 2017 13:46:59 EST

January 2, 2017

AN ORDER REGARDING SUPPORT FOR REGIONAL EFFORTS TO ACHIEVE EFFICIENCIES IN DELIVERING EDUCATIONAL SERVICES

WHEREAS, for fiscal year 2014-15, state and local expenditures for public education surpassed $2.2 billion representing an increase of almost $480 million (twenty-seven percent) over the past ten years, while at the same time student enrollment has decreased by 23,000 students (eleven percent); WHEREAS, per pupil costs during this same time increased by almost forty-three percent; and

WHEREAS, the People of Maine have regularly voiced support for property tax relief and that education dollars be prioritized for the classroom rather than for administration; and

WHEREAS, Maine school boards have voiced support for efforts that would enable voluntary joint efforts to improve educational outcomes for students and eliminating unnecessary legal barriers to cooperation among the different types of Maine school units; and

WHEREAS, current state support for school construction does not adequately provide opportunities for integrated regional collaborative solutions; and

WHEREAS, not all of the $1 billion appropriated in the 2016-2017 Fiscal Year budget for General Purpose Aid for Local Schools based on projected costs has been expended; and

WHEREAS, funds appropriated to General Purpose Aid for Local Schools must be provided to school administrative units pursuant to 20-A MRS §15671(7)(C) and established in Public Law 2015 Chapter 389, Part C as amended by Public Law 2015 Chapter 481, Part D; and

WHEREAS, the Administration will be pursuing legislation to authorize the creation of regional education service agencies to remove barriers and promote the sharing of educational programs and services in order to support communities that seek to improve cost efficiency and enhance educational services provided for the benefit of Maine students;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Department of Education to undertake following actions: 1. Review the budgeted General Purpose Aid for Local Schools costs and identify funds that will not be dispersed as anticipated (e.g., debt service payments, sudden and severe adjustment) nor be needed to fund other General Purpose Aid anticipated costs;

2. Pursuant to 20-A M.R.S. § 15689-F(1), transfer the identified funds to be used for General Purpose Aid for Local Schools regionalization, consolidation and efficiency assistance adjustment purposes under 20-A M.R.S. § 15689(9); and

3. Develop a competitive process to award these funds to School Administrative Units prior to the end of the 2016-17 Fiscal Year to assist with the upfront costs associated with efforts that promote economic efficiencies within and across schools and districts that enhance the delivery of educational services for the benefit of Maine students.

4. Draft and submit proposed legislation to the 128th Legislature establishing regional education service agencies to remove barriers and promote the sharing of educational programs and services; and

5. Develop and release an application for integrated regional school models.

6. Draft and submit proposed legislation to the 128th Legislature authorizing a bond to cover debt service for innovative construction integrated regional school models. The effective date of this Executive Order is January 2, 2017. Paul R. LePage, Governor



An Order to Enhance Collaboration and Efficiencies between Natural Resources Enforcement Agencies

Thu, 01 Sep 2016 11:29:51 EDT

AN ORDER TO ENHANCE COLLABORATION AND EFFICIENCIES BETWEEN NATURAL RESOURCES ENFORCEMENT AGENCIES WHEREAS, Maine's environment and natural resources are a fundamental part of our lives as Mainers and our State's economy; and WHEREAS, proper enforcement of our natural resources laws ensures that these assets are managed for the benefit of all Mainers; and WHEREAS, the protection of Maine's natural resources is the charge of multiple Cabinet-level Departments; and WHEREAS, while they perform unique missions, Maine's natural resources enforcement agencies have similarities in areas such as training, professional association memberships and equipment. Moreover, these agencies regularly collaborate to undertake joint enforcement, investigations and other work; and WHEREAS, the Executive Branch takes seriously its charge to be a wise steward of the taxpayers' money by identifying opportunities for collaboration and achieving efficiencies within the management of the Executive Branch; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Department of Inland Fisheries and Wildlife, Enforcement Operations; Department of Marine Resources, Bureau of Marine Patrol; and Department of Agriculture, Conservation and Forestry, Division of Forest Protection to continue present efforts to maximize collaboration and efficiencies to the extent practical through the following strategies: 1. Leverage memberships in professional associations while minimizing costs by sharing relevant association information among agencies; 2. Collaborate on cross-agency grant opportunities; 3. Undertake joint public education campaigns when such efforts touch upon subject matter that overlaps the jurisdiction of multiple agencies (e.g., boating safety campaign); 4. Engage in joint planning activities for those activities that call for the creation of an advance plan (e.g., State Search and Rescue Plan); 5. Engage in joint training opportunities and, when one agency has expertise, qualifications or certifications relevant to other agencies, provide training to other agencies; 6. Maximize the sharing of equipment and facilities between agencies, including the joint use of equipment as well as providing maintenance and repair services across agencies; 7. Look to other natural resources enforcement agencies first when selling or disposing of equipment that might complement the mission of another agency; 8. Maximize opportunities for joint transportation to remote areas of the State (e.g., North Maine Woods and outer islands); 9. Undertake joint searches when appropriate; 10. Undertake joint enforcement activities and joint investigations of violations of Maine's natural resources laws when appropriate; and 11. Additional strategies developed by the agencies to enhance collaboration and to achieve inter-agency efficiencies. When working collaboratively, agencies must consider the seasonal and geographic needs of other agencies, as staffing can vary greatly from geography to geography and from season to season. Many natural resources industries are seasonal and enforcement staff work within this seasonality. When making a request for support or an offer of assistance, an agency should understand the constraints of other agencies. Further, I do hereby direct the Chief of Maine Warden Service, the Chief of the Maine Marine Patrol and the Chief of the Maine Forest Rangers to meet two times each year to discuss strategies to further collaborate and achieve efficiencies. The results of each of these meetings are to be reported to the Commissioners of the respective Departments and to the Governor. Further, I do hereby direct the Chief of Maine Warden Service, the Chief of the Maine Marine Patrol and the Chief of the Maine Forest Rangers to explore the possibility of creating a separate class [...]



An Order Establishing the State Information Technology Governance Committee

Thu, 01 Sep 2016 11:30:11 EDT

AN ORDER ESTABLISHING THE STATE INFORMATION TECHNOLOGY GOVERNANCE COMMITTEE

WHEREAS, the State of Maine spends approximately $145 million per year on information technology (IT); and

WHEREAS, State agencies have increasingly depended on reliable and secure technology systems in order to optimally serve the people of Maine; and

WHEREAS, it is the position of the Administration that technology should be leveraged to achieve a more efficient and effective state government; and

WHEREAS, it is essential that IT expenditures are made strategically to support the State's technology goals and priorities; while strengthening our security; and

WHEREAS, the most effective way to implement the IT goals of the State is to ensure communication, coordination and collaboration at the highest levels of state government;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby establish the State Information Technology Governance Committee for the purpose of ensuring strategic IT planning and spending, as follows:

1. The State Information Technology Governance Committee shall be composed of seven members, with five permanent members and two members rotating on an annual basis. The permanent membership of the Committee shall include a member of the Governor's staff, the Commissioner of the Department of Administrative and Financial Services, the Commissioner of the Department of Health and Human Services, the Commissioner of the Department of Labor, and the Chief Information Officer. One of the remaining positions on the Committee shall be filled by the Commissioner of the Department of Education, the Commissioner of the Department of Transportation, or the Commissioner of the Department of Public Safety on an annual, rotating basis. The remaining position on the Committee shall be filled by a Commissioner or Director from the other Cabinet Level agencies on an annual, rotating basis. The Chief Information Officer shall serve as Chair of the Committee.

2. The Committee shall:

(a) endorse a strategic, enterprise-wide plan for the State's IT needs; (b) prioritize and make recommendations concerning IT investment; (c) suggest a plan for adoption of tools and practices for operational efficiency; (d) monitor IT performance and benefits across all state agencies; (e) advise IT risk management including the areas of cybersecurity and disaster recovery; (f) review vendor management and IT projects costing over $1 million, or other strategic IT investments as determined by the committee; and (g) review application development and investments to ensure compliance with the enterprise-wide plan for IT needs; and (h) make recommendations regarding the status, recruitment and retention of the State's IT workforce.

3. The Committee shall report its recommendations directly to the Governor on a quarterly basis.

The effective date of this Executive Order is August 31, 2016.




An Order Regarding Unfunded Legislative Mandates and Legislative Misallocations

Thu, 30 Jun 2016 10:11:09 EDT

AN ORDER REGARDING UNFUNDED LEGISLATIVE MANDATES AND LEGISLATIVE MISALLOCATIONS WHEREAS, the Constitution of the State of Maine requires a balanced budget; and WHEREAS, the Legislature typically complies with this balanced budget requirement by adopting and following budget procedures to prevent the enactment of unfunded mandates on State agencies and to prevent the misallocation of funds by ensuring funding is drawn from relevant accounts; and WHEREAS, when the Legislature requires a State agency to undertake some work or enter into a contract, resources are inevitably expended; and WHEREAS, from time to time, the Legislature ignores the principles of sound budgeting by removing fiscal notes and directing State agencies to "absorb costs within existing resources;" and WHEREAS, from time to time, the Legislature also ignores the principles of sound budgeting by directing that new spending be offset via funds for wholly unrelated purposes, disrupting the operations of State government that rely on those accounts; and WHEREAS, the Legislature enacted LD 1552, An Act to Reduce Morbidity and Mortality Related to Injected Drugs, legislation that requires $75,000 annually to implement a needle exchange program for drug addicts without any funding, but merely the requirement that the Maine Center for Disease Control and Prevention "absorb" the costs of this mandate "within existing budgeted resources;" and WHEREAS, the Legislature enacted LD 1465, Resolve, to Require the Department of Health and Human Services to Conduct a Study of Ambulance Services, legislation that requires the Department of Health and Human Services to contract with a third-party consultant at the cost of $75,000 to $100,000 without providing any funding to pay this contract; and WHEREAS, the Legislature enacted LD 1645, An Act to Address Employee Recruitment and Retention Issues at State Mental Health Institutions, legislation that mandates pay raises for certain employees at State mental health facilities and offsets these costs by authorizing a transfer of funds from the General Fund Salary Plan; and WHEREAS, a further reduction of funding for the General Fund Salary Plan would negatively impact the Executive Branch's ability to enter into future collective bargaining negotiations with State employees; and WHEREAS, the Governor will not sign any future financial order authorizing the transfer of funds from the General Fund Salary Plan to offset the costs of pay raises at State mental health institutions; and WHEREAS, the Legislature enacted LD 1614, Resolve, to Provide Funding for the County Jail Operations Fund, legislation de-appropriating over $2.4 million from Payments to Medical Care Providers in order to fund operations at county and regional jails; and WHEREAS, sound fiscal management requires Executive direction to mitigate the impacts of this legislation; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Department of Health and Human Services to undertake any of the following actions or a combination of the following actions to fund the implementation of the aforementioned legislation in a fiscally prudent manner: 1. Transfer any remaining balances within the Low-Cost Drugs to Maine's Elderly Program;2. Transfer any funding that can be generated by a redistribution of a Fund for a Healthy Maine; and3. Transfer any savings that can be created by actively managing personal services at State mental health institutions, which includes implementing a hiring freeze and other cost-saving measures Department-wide. These actions, which are designed to mitigate the budget impacts of unfunded legislative mandates and legislative misallocations, shall remain in effect through the remainder of Fiscal Year 2016-17 or until the Legi[...]



An Order Regarding the Use of Ethanol in Gasoline

Mon, 20 Jun 2016 13:27:19 EDT

AN ORDER REGARDING THE USE OF ETHANOL IN GASOLINE

WHEREAS, federal mandates have resulted in increased domestic production and use of ethanol in gasoline; and

WHEREAS, vehicle emissions are a significant contributor to pollutants affecting Maine's air quality; and

WHEREAS, it is essential to understand the environmental and human health effects of emissions produced by the combustion of ethanol containing gasoline;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct all State agencies to implement a purchasing preference for gasoline blended with five percent or less of ethanol, when that fuel is of a comparable cost to gasoline blended with a higher concentration of ethanol.

Further, I do hereby direct the Office of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services, in collaboration with the Department of Environmental Protect, to undertake a review of scientific literature regarding the human health effects of emissions produced by the combustion of ethanol containing gasoline and the effect of increasing ethanol blends on emissions. The Office of the Maine Center for Disease Control and Prevention is further directed to provide the Governor with a report regarding its findings by January 1, 2017. The effective date of this Executive Order is June 16, 2016.




An Order to Promote the Hiring of Skilled Veterans in The State Of Maine

Thu, 17 Mar 2016 09:43:20 EDT

2016-002 March 17, 2016AN ORDER TO PROMOTE THE HIRING OF SKILLED VETERANS IN THE STATE OF MAINEWHEREAS, veterans have gained valuable trade skills in the course of serving in the armed forces of the United State of America;WHEREAS, in order to ensure that people who work in certain trades are competent, the State of Maine mandates that people who work in certain trades obtain the appropriate licensure;WHEREAS, it would benefit veterans and the State of Maine to have a process whereby veterans who have gained skills can obtain the appropriate licensure;WHEREAS, such a process is underway and it is necessary to examine the progress of that effort;WHEREAS, the State of Maine is an employer that is interested in employing more veterans who are qualified to perform the work of the State;NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:1. The Governor's Veterans' Licensing Review Panel is hereby established;2. The membership of the Review Panel shall consist of nine (9) persons appointed by the Governor including:a. The Commissioner of the Department of Professional and Financial Regulation, who shall serve as chair;b. The Adjutant General or the General's designee from the Maine Army or Air National Guard;c. The Director of the Bureau of Veterans Services or the Director's designee;d. The Director of the Bureau of Human Resources or the Director's designee;e. A member representing the Department of Labor;f. A member representing the Office of the Secretary of State;g. A member representing the Community College system;h. A member representing the University of Maine system;i. A member who serves on a licensing board in a medically-related field or a staff member designated by one such board; andj. A member who serves on one of the other licensing boards or a staff member designated by one such board; All Review Panel members shall serve at the pleasure of the Governor and all members shall serve without compensation. Members of the Review Panel who are listed from (a) to (e) above shall provide support from members of their respective departments as needed;3. The Review Panel shall:a. conduct a review of the processes by which licensing boards are reviewing the applications of veterans who have subject matter expertise in their given fields;b. identify rules, practices, and procedures that may be used by licensing boards that are unduly and unnecessarily burdensome;c. issue a report to the Governor on or before February 1, 2017, which shall include the results of its review in each of the above-listed areas as well as recommendations for improvement in laws, rules, practices, and/or procedures identified as causing or contributing to the problems identified. If the Review Panel requires more time in which to finalize the report, then the members may have no more than a two (2) month extension in which to complete it;4. Pursuant to Title 1, section 402, subsection 2, paragraph F, the meetings of this Review Panel are not "public proceedings" subject to Maine's Freedom of Access Act; and5. Further, the Director of the Bureau of Human resources is directed to develop a policy by which any veteran who applies for a job with the State of Maine, self- identifies as a veteran or service member during the application process, and is ultimately not hired for that job receives guidance on other State of Maine openings for which that the veteran may be qualified to apply. The effective date of this Executive order is March 17, 2016.Paul R. LePage Governor [...]



An Order Re-establishing the State Procurement Review Committee

Wed, 09 Mar 2016 13:42:14 EST

2016-001 March 3, 2016 AN ORDER RE-ESTABLISHING THE STATE PROCUREMENT REVIEW COMMITTEEWHEREAS, it is the intention of the Administration to maintain a balanced state budget and to restore that balance as rapidly as possible whenever it appears threatened; andWHEREAS, it is prudent to oversee the expenditures of State agencies in the purchase of goods and services, without unduly disrupting public services; andWHEREAS, it is essential that all State agency purchases of goods and services be implemented in as efficient and cost-effective manner as possible, consistent with applicable State and Federal laws and guidelines; andWHEREAS, administrative review by the expert State procurement agencies and the Governor's Office of all major purchases of goods and services by State agencies is necessary in order to ensure prudent financial and operations management; andWHEREAS, it is prudent that departments and agencies have the benefit of legal advice regarding their procurement and contracting;NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby repeal Executive Order 07 FY 10/11 and re-establish the State Procurement Review Committee for the administrative review and authorization of all major State agency purchases of goods and services that are subject to the jurisdiction of the Division of Purchases, Department of Administrative and Financial Services, as follows: Membership The State Procurement Review Committee shall be composed of the Governor's Chief Legal Counsel, or designee, and the following members of the Department of Administrative and Financial Services: The Director of the Division of Purchases (hereinafter, "the Director"), or designee, who shall serve as Committee Chair; the State Budget Officer, or designee; and the State Controller, or designee. The Chief Information Officer, or designee, shall be an additional member when the matter under consideration is related to information technology subject to his/her authority under 5 M.R.S.A. Chapter 163, Subchapter I. Responsibilities A. State departments and agencies subject to 5 MRSA, Chapter 155, shall submit to the Committee for approval, through the Director, all requests for proposals, whether for contracts for services or grant programs, as well as any contract for service or grant renewals or amendments valued at $1 million or more. Requests for proposals, grant awards and contracts of less than $1 million in value may be approved at the discretion of the Director, who is authorized to require additional review by one or more additional Committee members, at the Director's discretion. B. State Departments or agencies which intend to enter into a contract that will be subject to the Committee's approval, before issuing a public request for proposals or bids or, in the case of an existing contract, before seeking approval to renew, extend, amend or otherwise alter the contract, may timely request and obtain legal advice from the Attorney General regarding the terms of the proposal whenever more than $3 million could reasonably be expected to be expended as a result of the request for proposals or bids or as a result of the contract, renewal, extension, amendment or other change that is being proposed for approval by the Committee. C. The State Procurement Review Committee may timely seek legal advice from the Attorney General regarding any proposed contract when the Committee determines the contract: (1) may expose the State to substantial risk in the event of nonperformance; or (2) could reasonably be expected to incur cost to the state in excess of $3 million over the full term of the proposed contract, exclusive of extensions or amendments. The Committee also may seek lega[...]



An Order Establishing the Governor's Panel to Review and Make Recommendations for Improvement of the Maine Human Rights Commission and its Operations

Fri, 20 Nov 2015 16:09:36 EST

2015-013 November 13, 2015 AN ORDER ESTABLISHING THE GOVERNOR'S PANEL TO REVIEW AND MAKE RECOMMENDATIONS FOR IMPROVEMENT OF THE MAINE HUMAN RIGHTS COMMISSION AND ITS OPERATIONSWHEREAS, the Maine Human Rights Commission ("MHRC") is the administrative, governmental agency charged with enforcing the Maine Human Rights Act ("MHRA"), 5 MRS §§4551, et. seq.; WHEREAS, the MHRA protects the opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status; WHEREAS, the MHRA protects the opportunity for every individual to have equal access to places of public accommodation without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for every individual to be extended credit without discrimination solely because of any one or more of the following factors: age; race; color; sex; sexual orientation; marital status; ancestry; religion or national origin; WHEREAS, the MHRA protects the opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race; WHEREAS, there is perception in the Maine business community that the MHRC generally views respondents as culpable before any investigation has been conducted;   WHEREAS, there is perception in the Maine business community that the MHRC generally views complainants as truthful without affording respondents the same consideration; WHEREAS, there is a perception in the Maine business community that the MHRC investigatory procedures, fact finding conferences, and settlement conferences are generally unfair to respondents, holding them to a higher standard of proof than complainants; WHEREAS, there is a perception in the Maine business community that the MHRC unduly pressures respondents to settle complaints regardless of their culpability; WHEREAS, there is a perception in the Maine business community that the MHRC, through its agents, is more flexible in the application of its rules toward complainants than toward respondents; WHEREAS, the MHRC, through its agents, has implemented investigatory procedures that are overly and unnecessarily burdensome to respondents, particularly during the early stages of the investigatory process; WHEREAS, the MHRC has upheld a finding of reasonable grounds upon which to find discrimination in at least one case where it had actual knowledge that the evidence it relied on and considered "critical" to the investigation was incomplete and inaccurate; WHEREAS, it appears that the MHRC, through its agents, has, in at least one case, unfairly excluded and refused to consider evidence properly submitted for consideration by the MHRC; WHEREAS, it is necessary to undertake a review of the MHRC's structure and operation to identify factors causing and/or contributing to the perceptions of prejudice against respondents and bias in favor of complainants, to identify rules, practices, and procedures that are unduly and unnecessarily burdensome, and to identify rules, practices, a[...]