Sec. B-1. 5 MRSA §1670, sub-§4 is enacted to read:
4. Budget approval. All budget recommendations pertaining to federal block grants must be submitted as part of the unified current services budget legislation in accordance with sections 1663 to 1666.
Sec. B-2. 5 MRSA §1886, sub-§2-A, ¶D, as amended by PL 1991, c. 780, Pt. Y, §88, is further amended to read:
D. Submit a budget of estimated revenues and costs to be incurred by the program in the same manner as required for the General Fund in chapters 145 and 149 as part of the unified current services budget legislation in accordance with sections 1663 to 1666. Notwithstanding section 1583, allocations may be increased or adjusted by the State Budget Officer, with approval of the Governor, to specifically cover those adjustments determined to be necessary by the Commissioner of Administrative and Financial Services. Further, any request for adjustment to the allocation is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; and
Sec. B-3. 28-A MRSA §61, sub-§6, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:
6. Expenses. The expenses for the administration of the commission in carrying out the duties as set forth in this Title shall must be paid from such amounts as the Legislature may allocate from the revenues derived from the operations of the commission. The commission shall submit its budget recommendations as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. These amounts shall must become available in accordance with Title 5, chapters 141 to 155.
Sec. B-4. 35-A MRSA §116, sub-§2, as amended by PL 1991, c. 343, §2, is further amended to read:
2. Committee recommendations; legislative approval of budget. The commission shall submit its budget recommendations as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The joint standing committee of the Legislature having jurisdiction over public utilities shall make recommendations to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding all expenditures from the fund established pursuant to this section. Except as otherwise provided, the assessments and expenditures provided in this section are subject to legislative approval in the same manner as the budget of the Public Utilities Commission is approved. The commission shall make an annual report in accordance with section 120 of its planned expenditures for the year and on its use of funds in the previous year. The commission may also receive other funds as appropriated by the Legislature.
Sec. B-5. 35-A MRSA §116, sub-§8, as amended by PL 1995, c. 665, Pt. O, §1, is further amended to read:
8. Public Advocate assessment. Every utility subject to assessment under this section is subject to an additional annual assessment on its intrastate gross operating revenues to produce $617,680 in revenues for fiscal year 1995-96 and $645,860 in fiscal year 1996-97 sufficient revenue for expenditures allocated by the Legislature for operating the Office of Public Advocate. The revenues produced from this assessment are transferred to the Public Advocate Regulatory Fund and may only be used to fulfill the duties specified in chapter 17. The assessments charged to utilities under this subsection are considered just and reasonable operating costs for rate-making purposes. The Public Advocate shall develop a method of accounting for staff time within the Office of Public Advocate. All professional and support staff shall account for their time in such a way as to identify the percentage of time devoted to public utility regulation and the percentage of time devoted to other duties that may be required by law.
A. The Public Advocate shall submit its budget recommendations as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1665. The assessments and expenditures provided in this section are subject to legislative approval in the same manner as the budget of the Public Advocate is approved. The Public Advocate shall make an annual report of its planned expenditures for the year and on its use of funds in the previous year. The Public Advocate may also receive other funds as appropriated by the Legislature.
B. The Public Advocate may use the revenues provided in accordance with this section to fund 7 employees and to defray the costs incurred by the Public Advocate pursuant to this Title, including administrative expenses, general expenses, consulting fees and all other reasonable costs incurred to administer this Title.
C-1. Except as specified in this subsection, funds that are not expended at the end of a fiscal year do not lapse but must be carried forward to be expended for the purposes specified in this section in succeeding fiscal years; but unexpended funds in excess of 10% of the total annual assessment authorized in this section must, at the option of the Public Advocate, either be presented to the Legislature in accordance with paragraph A for reallocation and expenditure or used to reduce the utility assessment in the following fiscal year.
D. Any utility, subject to this section, that willfully fails to pay the assessments in accordance with this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged per day for which payment is not made following the due date.
Sec. B-6. 35-A MRSA §117, sub-§4 is enacted to read:
4. Budget approval. The commission shall submit its budget recommendations for the Public Utilities Commission Reimbursement Fund as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666.
Sec. B-7. 37-B MRSA §958, as enacted by PL 1983, c. 460, §3, is amended to read:
The committee shall report to each Legislature its budget recommendations for disbursements from the fund, together with an allocation bill, as provided in Title 5, section 1664 allocations set forth in the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The report shall must be reviewed by the legislative committee having jurisdiction over energy and natural resources prior to action by the legislative committee having jurisdiction over appropriations and financial affairs. Upon approval of the allocation Act, the State Controller shall authorize expenditures from the fund, as approved by the committee.
Sec. B-8. 38 MRSA §555, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §125, is further amended to read:
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraphs A, C, F and H for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 551, subsection 5, paragraphs B, D, E and G may be made as authorized by the State Controller following approval by the commissioner.
Sec. B-9. 38 MRSA §570-A, first ¶, as amended by PL 1993, c. 355, §24, is further amended to read:
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 569-A, subsection 8, paragraphs A, C, G, H and I for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures from the fund as approved by the commissioner. Expenditures pursuant to section 569-A, subsection 8, paragraphs B, D, E and J may be made as authorized by the State Controller following approval by the commissioner.
Sec. B-10. 38 MRSA §1319-D, 3rd ¶, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §256, is further amended to read:
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 1319-E, subsection 1, paragraphs C and E for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 1319-E, subsection 1, paragraphs A and D may be made as authorized by the State Controller following approval by the commissioner.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 9, 1997.
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