Maine Revised Statutes Title 35-A Sec. 9404 – Maine Connectivity Authority
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1. Establishment; membership. The Maine Connectivity Authority is established as a body corporate and politic and a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is deemed and held to be the performance of essential governmental functions. The authority consists of the following members:
A. Seven voting members appointed by the Governor and confirmed by the Legislature as follows:
(1) Three members who possess expertise in advanced communications technology infrastructure or communications service, including, but not limited to, expertise in network design, network operations and middle mile infrastructure;
(2) One member representing communities in the State;
(3) One member who possesses expertise in banking or financial lending, including, but not limited to, expertise in the provision of loans or other capital investments for infrastructure deployment in the State;
(4) One member who possesses expertise in education system needs; and
(5) One member who possesses expertise in telehealth delivery and telehealth system needs; and [PL 2021, c. 364, §3 (NEW).]
B. Four ex officio voting members as follows:
(1) The Commissioner of Economic and Community Development or the commissioner’s designee;
(2) The Chancellor of the University of Maine System or the chancellor’s designee;
(3) The Chief Executive Officer of the Finance Authority of Maine or the officer’s designee; and
(4) The Chief Information Officer within the Department of Administrative and Financial Services or the officer’s designee. [PL 2021, c. 364, §3 (NEW).]
[PL 2021, c. 364, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 9404
- Advanced communications technology infrastructure: means any communications technology infrastructure or infrastructure improvement that expands the deployment of, or improves the quality of, broadband availability and wireless service coverage. See Maine Revised Statutes Title 35-A Sec. 9402
- Authority: means the Maine Connectivity Authority established in section 9404. See Maine Revised Statutes Title 35-A Sec. 9402
- Commissioner: means one of the members of the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Communications service: means any wireline voice, satellite, data, fixed wireless data or video retail service or cellular voice or data service. See Maine Revised Statutes Title 35-A Sec. 9402
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Ex officio: Literally, by virtue of one's office.
- 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
- 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.
- Quorum: The number of legislators that must be present to do business.
- 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.
2. Terms; reappointments; vacancies; chair. Members appointed by the Governor serve 3-year terms, except that 2 such members first appointed serve a one-year term, 2 such members first appointed serve a 2-year term and 3 such members first appointed serve a 3-year term. Members appointed by the Governor are eligible for reappointment. If a member appointed by the Governor fails to serve until the expiration of the member’s term, the Governor may appoint a replacement member for the remainder of that member’s term. The Governor shall appoint one member to serve as chair of the authority.
[PL 2021, c. 364, §3 (NEW).]
3. President. Upon the recommendation of the authority, the Governor shall appoint a president of the authority subject to confirmation by the Legislature. The president serves a 4-year term and is eligible for reappointment. The president shall manage the authority’s programs, services and staff and shall perform other duties the authority considers appropriate.
[PL 2021, c. 364, §3 (NEW).]
4. Officers; quorum. The authority may elect a secretary and a treasurer, who may but need not be members of the authority. Six members of the authority constitute a quorum, and the affirmative vote of 6 members is necessary for any action taken by the authority.
[PL 2021, c. 364, §3 (NEW).]
5. Remote participation by members. A member of the authority may participate in a meeting of the authority and place a vote electronically or telephonically as long as members of the public have an opportunity to listen to the deliberations and otherwise participate in or observe the proceedings of the authority.
[PL 2021, c. 364, §3 (NEW).]
6. Members not personally liable; indemnification. A member of the authority, while acting within the scope of this chapter, is not subject to any personal liability resulting from the exercise or carrying out of any of the authority’s purposes or powers. Each member of the authority must be indemnified by the authority against expenses actually and necessarily incurred by the member in connection with the defense of any action or proceeding in which the member is made a party by reason of being or having been a member of the authority and against any final judgment rendered against the member in that action or proceeding.
[PL 2021, c. 364, §3 (NEW).]
7. Conflicts. A member of the authority may not participate in any decision on any contract entered into by the authority under this chapter if that member has any interest, direct or indirect, in any firm, partnership, corporation or association that is party to the contract. The interest must be disclosed to the authority in writing and must be set forth in the minutes of the authority.
[PL 2021, c. 364, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 364, §3 (NEW).