| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 5 MRSA §194 is repealed and the following enacted in its | | place: |
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| | | 1.__Application; funds.__The Attorney General shall enforce | | due application of funds given or appropriated to public | | charities within the State and prevent breaches of trust in the | | administration of the funds. |
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| | | 2.__Party to proceedings.__The Attorney General must be made a | | party to all judicial proceedings in which the Attorney General | | is interested in the performance of the Attorney General's duties | | under of subsection 1. |
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| | | 3.__Investigation.__The Attorney General may conduct an | | investigation whenever the Attorney General believes that | | charitable funds have not been or are not being applied to | | charitable purposes or that breaches of trust have been or are | | being committed in the administration of a public charity, | | including, but not limited to, a charitable trust, a public | | benefit corporation or a mutual corporation holding assets in a | | charitable trust.__In conducting an investigation, the Attorney | | General may: |
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| | | A.__Take testimony under oath; |
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| | | B.__Examine or cause to be examined any documentary material | | relevant to the alleged misapplication of charitable funds | | or breach of trust; and |
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| | | C.__Require attendance during the examination of documentary | | material of a person having knowledge of the documentary | | material and take testimony under oath. |
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| | | 4.__Taking testimony.__The taking of testimony and examination | | must take place in the county where the testifying person resides | | or has a place of business or, if the parties consent or the | | testifying person is a nonresident or has no place of business | | within the State, in Kennebec County. |
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| | | A.__Notice of the time, place and cause of the taking of | | testimony, examination or attendance must be given by the | | Attorney General at least 10 days prior to the date of the | | taking of testimony or examination. |
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| | | B.__Service of a notice may be made by: |
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