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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 11. KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING. PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
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Title 10 - §372. Fund established
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§372. Fund established
1. Creation of fund. There is established the Kim Wallace Adaptive Equipment Loan Program Fund, which must be used to provide funding for loans
to qualified borrowers within the State in order to acquire adaptive equipment designed to assist the borrower in becoming
independent and for other purposes as allowed under section 376. The fund must be deposited with, maintained and administered
by the Finance Authority of Maine or other state agency and contain appropriations provided for that purpose, interest accrued
on the fund balance, funds received by the board to be applied to the fund and funds received in repayment of loans. This
fund is a nonlapsing revolving fund. All money in the fund must be continuously applied to carry out the purposes of this
chapter.
[2005, c. 191, §1 (amd).]
2. Administrative expenses. Costs and expenses of maintaining, servicing and administering the Kim Wallace Adaptive Equipment Loan Program Fund established
by this chapter may be paid out of amounts in the fund.
[1999, c. 731, Pt. FF, §4 (amd).]
Section History:
PL 1987,
Ch. 817,
§2
(NEW).
PL 1999,
Ch. 731,
§FF4
(AMD).
PL 2003,
Ch. 99,
§1
(AMD).
PL 2005,
Ch. 191,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §373. Board
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§373. Board
1. Establishment; membership. There is established the Kim Wallace Adaptive Equipment Loan Program Fund Board that consists of 9 members as follows:
the Director of the Bureau of Rehabilitation Services or the director's designee; the Treasurer of State or the Treasurer
of State's designee; an experienced consumer lender; a certified public accountant; and 5 persons with a range of disabilities,
all nondesignated members to be appointed by the Governor. The board shall annually elect a chair from among its members.
[1999, c. 731, Pt. FF, §5 (amd).]
2. Terms. The members appointed by the Governor serve for terms of 4 years. All other members serve during their tenure in the position
that they represent on the board. Any vacancy is filled in the same manner as the original appointment for the unexpired
term of that position. Members appointed by the Governor upon completion of the terms of the initial members are appointed
as follows:
A. One member for one year;
[1991, c. 871, §1 (new).]
B. Two members for 2 years;
[1991, c. 871, §1 (new).]
C. Two members for 3 years; and
[1991, c. 871, §1 (new).]
D. Two members for 4 years.
[1991, c. 871, §1 (new).]
Thereafter, the terms of office of members appointed by the Governor are for 4 years.
[1991, c. 871, §1 (amd).]
3. Compensation. Members shall be compensated according to Title 5, chapter 379.
[1987, c. 817, §2 (new).]
Section History:
PL 1987,
Ch. 817,
§2
(NEW).
PL 1989,
Ch. 276,
§
(AMD).
PL 1991,
Ch. 871,
§1
(AMD).
PL 1995,
Ch. 322,
§3
(AMD).
PL 1995,
Ch. 519,
§3
(AMD).
PL 1997,
Ch. 489,
§1
(AMD).
PL 1999,
Ch. 731,
§FF5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §374. Duties of board
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§374. Duties of board
The board shall have the following powers and
p align="center">duties.
[1987, c. 817, §2 (new).]
1. Receipt of money and property. The board may accept and receive gifts, grants, bequests or devises from any source, including funds from the Federal Government
or any of its political subdivisions.
[1987, c. 817, §2 (new).]
2. Contracts. The board may, with the approval of the Governor, enter into any necessary contracts and agreements with appropriate state
or community-based groups dealing with disabled persons.
[1987, c. 817, §2 (new).]
3. Administer loan program. The board shall administer the Kim Wallace Adaptive Equipment Loan Program Fund established by this chapter and may contract
with the Finance Authority of Maine and state or community-based groups dealing with disabled persons for such assistance
in administering the program as the board may require. The board may employ persons, including private legal counsel and
financial experts, on either a temporary or permanent basis, in order to carry out any of its powers and duties. Employees
of the board are not subject to Title 5, chapter 71 and Title 5, chapter 372, subchapter 2.
[2005, c. 191, §2 (amd).]
4. Rules. The board may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine
technical rules as defined by Title 5, chapter 375, subchapter II-A. The rules must ensure that:
A. Individuals and business entities are eligible for loans;
[1997, c. 489, §2 (new).]
B. A preference is given for loans to qualifying individual borrowers seeking loans to acquire adaptive equipment for personal,
family or household purposes; and
[1997, c. 489, §2 (new).]
C.
[2005, c. 191, §3 (rp).]
D. Loan applications may be approved or denied by the board only at a regular or special meeting except as follows:
(1) Approval of applications for loans may be delegated by the board to a subcommittee of the board containing at least
5 members if an applicant would suffer undue hardship by waiting for the next regular meeting; or
(2) Approval of applications for loans may be delegated to outside contractors with criteria and terms as provided by the
board and approved no less than annually.
All approved loans must be ratified by the board at the board's next regular or special meeting. All loans recommended for
denial by the delegated authority must be acted upon by the board at the board's next regular or special meeting.
[2005, c. 191, §4 (new).]
[2005, c. 191, §§3, 4 (amd).]
Section History:
PL 1987,
Ch. 817,
§2
(NEW).
PL 1997,
Ch. 489,
§2
(AMD).
PL 1999,
Ch. 731,
§FF6
(AMD).
PL 2005,
Ch. 191,
§2-4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §375. Loans
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§375. Loans
1. Demonstration of purpose of loan. The board may enter into loan agreements with any qualifying borrower and exercise all powers of a lender or creditor.
Loan security may include the acquisition, use, management, improvement or disposition of any interest in, or type of, real
or personal property, including grant, purchase, sale, borrow, loan, lease, foreclosure, mortgage, assignment or other lawful
means, with or without public bidding and also including the assessment of fees, the forgiveness of indebtedness, the receipt
of reimbursements for expenses incurred in carrying out its purposes and the expenditure or investment of its funds. The
borrower must demonstrate that:
A. The loan will assist one or more persons with disabilities to improve their independence or become more productive members
of the community; and
[1987, c. 817, §2 (new).]
B. The applicant has the ability to repay the loan.
[1987, c. 817, §2 (new).]
[2005, c. 191, §5 (amd).]
2. Loan limit. Any necessary loan limitation shall be determined by the board.
[1987, c. 817, §2 (new).]
3. Terms. All loans must be repaid within such terms and at such interest rates as the board may determine to be appropriate in accordance
with guidelines established by rulemaking pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.
[1987, c. 817, §2 (new).]
4. Distribution.
[1997, c. 489, §3 (rp).]
Section History:
PL 1987,
Ch. 817,
§2
(NEW).
PL 1989,
Ch. 191,
§2
(AMD).
PL 1997,
Ch. 489,
§3
(AMD).
PL 2005,
Ch. 191,
§5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §376. Purposes for which loans may be awarded
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§376. Purposes for which loans may be awarded
The board may award loans to qualifying borrowers for the following purposes:
[2003, c. 99, §2 (amd).]
1. Individual independence. To assist one or more persons with disabilities to improve their independence through the purchase of adaptive equipment;
[2003, c. 99, §2 (amd).]
2. Productive members of community. To assist one or more persons with disabilities to become more independent members of the community and improve quality
of life within the community through the purchase of adaptive equipment; and
[2003, c. 99, §2 (amd).]
3. Transportation assistance. For the purpose set forth in section 377.
[2005, c. 191, §6 (amd).]
Section History:
PL 1987,
Ch. 817,
§2
(NEW).
PL 2003,
Ch. 99,
§2
(AMD).
PL 2005,
Ch. 191,
§6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §377. Loans for transportation assistance program
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 11: KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM (HEADING: PL 1987, c. 817, @2 (new); PL 1999, c. 731, Pt. FF, @2 (rpr))
§377. Loans for transportation assistance program
The board may award loans for the purpose of assisting persons with disabilities to purchase used vehicles necessary to obtain
or retain employment or employment training, subject to the following limitations.
[2003, c. 99, §3 (new).]
1. Qualifications of borrower. A loan may be made under this section only to a qualifying borrower who meets the other requirements of this chapter and
who demonstrates a need for a vehicle as part of an individualized plan toward employment developed with a state or community-based
organization that provides employment services to persons with disabilities and that is approved by the board.
[2003, c. 99, §3 (new).]
2. Limitation on loan amount.
[2005, c. 191, §7 (rp).]
3. Aggregate amount of loans. The maximum aggregate amount of loans issued under this section may not exceed 7% of the value of program gross notes receivable.
[2005, c. 191, §7 (amd).]
4. Repeal.
[2005, c. 191, §7 (rp).]
Section History:
PL 2003,
Ch. 99,
§3
(NEW).
PL 2005,
Ch. 191,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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