CHAPTER 279
H.P. 1135 - L.D. 1591
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, county budget preparation for the following calendar year must begin in early fall; and
Whereas, immediate enactment of this change in the Washington County budget approval process is necessary for the preparation of the 1998 county budget; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §900, as enacted by PL 1991, c. 777, §1, is amended to read:
§900. Budget; appropriations; approval
Notwithstanding sections 2, 701 and 702, in Washington County the county commissioners may appropriate money, according to a budget that must be approved by a majority of the county commissioners or as otherwise provided in this article.
Sec. 2. 30-A MRSA §900-B, sub-§1, ķA, as enacted by PL 1991, c. 777, §1, is amended to read:
A. Before September 15th of every year, the county commissioners shall notify all municipal officers in the county to caucus by county commissioner districts at a specified date, time and place for the purpose of electing at least one municipal officer from each district as a member of the budget advisory committee; except that, in 1992, at least 3 municipal officers must be selected from each district unless the municipal officers of a district decide that another person from that district would be better qualified. A municipality may not be represented by more than one officer at a time. The county commissioner shall serve as nonvoting moderator for that district caucus. Nominations must be received from the floor. The nominee receiving the most votes is approved as a budget advisory committee member except that, in 1992, each caucus shall elect 3 members. The names of those elected by the caucus must be recorded and forwarded to the county commissioners.
Sec. 3. 30-A MRSA §900-B-1 is enacted to read:
§900-B-1. Prior year's budget available
Annually by September 15th, the county commissioners shall publish, deliver to the budget advisory committee and make available to the public copies of a financial statement for the preceding county fiscal year showing funds authorized, including but not limited to revenues, unappropriated fund balances and reserve accounts, and expenditures made for each department, account and program and showing the balance in each account at the end of the fiscal year.
Sec. 4. 30-A MRSA §900-D, as enacted by PL 1991, c. 777, §1, is amended to read:
§900-D. Budget estimate; submission to advisory committee; legislative delegation role
The Washington County commissioners shall submit a budget estimate to the budget advisory committee no later than October 1st for the coming year. The budget advisory committee shall review the budget estimate and make recommendations to the commissioners before November 15th. The county commissioners shall act on the budget in a timely fashion and, in any event, not later than December 15th of the budget year. If county commissioners wish to make changes in the budget recommended by the budget advisory committee, the county commissioners shall schedule one or more meetings with the budget advisory committee before December 15th for the purpose of negotiating a final budget.
If, following negotiations, a final budget that is acceptable to the budget advisory committee is not approved by the county commissioners by December 15th, the budget advisory committee shall adopt a final budget and transmit that budget to the county commissioners. The budget adopted by the budget advisory committee may be changed by a majority vote of the board of county commissioners. If the adopted budget is changed by the county commissioners, the budget advisory committee may reject that change by a 2/3 vote of its membership. The budget is final and not subject to further action by either the county commissioners or the budget advisory committee upon failure of the commissioners to recommend changes in the budget transmitted from the budget advisory committee or upon acceptance or rejection of changes by the budget advisory committee. The entire budget approval process must be completed by December 31st.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 27, 1997.
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