Maine Revised Statutes > Title 23 > Part 6 > Chapter 412 – Waterborne Transportation
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Subchapter 1 | Ferries | 4401 – 4407 |
| Subchapter 2 | Maine Port Authority | 4420 – 4431 |
| Subchapter 3 | Port Facilities Relating to Offshore Wind Power Projects | 4441 |
Terms Used In Maine Revised Statutes > Title 23 > Part 6 > Chapter 412 - Waterborne Transportation
- accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
- Actuary: means the individual or the organization designated by the board to be the technical advisor to the board under section 17107. See Maine Revised Statutes Title 5 Sec. 17001
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arrest: Taking physical custody of a person by lawful authority.
- Assisted project: means a construction project for which requests for bids or proposals are initiated on or after January 1, 2023, including requests for bids or proposals that supplement a process started on or before that date:
A. See Maine Revised Statutes Title 26 Sec. 1304Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bargaining agent: means any lawful organization, association or individual representative of such an organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer, as defined in subsection 6, or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 1282 Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Board: means the Minimum Wage Rate on Construction Projects Board as constituted in sections 1304 to 1313. See Maine Revised Statutes Title 26 Sec. 1304 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Construction: means any construction, reconstruction, demolition, improvement, enlargement, painting, decorating or repair of any public works let to contract. See Maine Revised Statutes Title 26 Sec. 1304 Construction industry: means that industry which is composed of employees and employers engaged in construction, demolition, repair or moving of buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures or works whether private or public on which construction work, as defined in subsection 2, is performed. See Maine Revised Statutes Title 26 Sec. 1304 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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. Craft worker: means a person who is engaged in a construction trade that is eligible for coverage under a wage determination under this chapter. See Maine Revised Statutes Title 26 Sec. 1304 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 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. Ex officio: Literally, by virtue of one's office. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fair minimum wage and benefits: means the prevailing wage and benefits as determined by the Director of the Bureau of Labor Standards according to section 1306. See Maine Revised Statutes Title 26 Sec. 1304 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. fresh pursuit: as used in this chapter includes fresh pursuit as defined by the common law, and the pursuit of a person who has committed a crime punishable by a maximum term of imprisonment equal to or exceeding one year, who is reasonably suspected of having committed such a crime or who is reasonably suspected of operating a motor vehicle while under the influence of intoxicating liquor or drugs. See Maine Revised Statutes Title 15 Sec. 152 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. Interested party: means a bidder, contractor or subcontractor for a public works contract covered by this chapter. See Maine Revised Statutes Title 26 Sec. 1304 Judicial employee: means any employee of the Judicial Department, except any person:
A. See Maine Revised Statutes Title 26 Sec. 1282Jurisdiction: (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. 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 Lien: A claim against real or personal property in satisfaction of a debt. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Locality: means where the construction is to be performed and the adjacent areas from which labor would be recruited for work on the project, and, in appropriate circumstances, it may be deemed to include the entire State. See Maine Revised Statutes Title 26 Sec. 1304 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 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 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. 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. Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001 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. Personal property: All property that is not real property. Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Prevailing wage and benefits: means the hourly wage and benefits paid to the median number of workers employed in a trade or occupation on the 2nd and 3rd week in September. See Maine Revised Statutes Title 26 Sec. 1304 Public authority: means the Maine Turnpike Authority or any officer, board, commission or agency of the State that is authorized by law to enter into contracts for the construction of public works and is supported in whole or in part by public funds of the State. See Maine Revised Statutes Title 26 Sec. 1304 Public employer: means the Judicial Department of the State. See Maine Revised Statutes Title 26 Sec. 1282 Public works: includes public schools and all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports and all other structures upon which construction is funded in whole or in part by state funds and for which the contract amounts to $50,000 or more. See Maine Revised Statutes Title 26 Sec. 1304 Quorum: The number of legislators that must be present to do business. Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 Remand: When an appellate court sends a case back to a lower court for further proceedings. Renewable energy project: means a project to construct a source of electrical generation that relies on one or more of the following:
A. See Maine Revised Statutes Title 26 Sec. 1304Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Summons: Another word for subpoena used by the criminal justice system. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trade: means a construction work activity engaged in by a craft worker. See Maine Revised Statutes Title 26 Sec. 1304 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. 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. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72