LD 1369
pg. 1
LD 1369 Title Page Resolve, Directing the Department of Administrative and Financial Services, Bur... Page 2 of 2
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LR 453
Item 1

 
Emergency preamble. Whereas, acts and resolves of the Legislature do
not become effective until 90 days after adjournment unless
enacted as emergencies; and

 
Whereas, this resolve directs the Department of Administrative
and Financial Services, Bureau of the Budget to review certain
unfunded mandates; and

 
Whereas, the review must be initiated before the 90-day period
expires in order that the review may be completed and a report
submitted in time for submission to the next legislative session;
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

 
Sec. 1. Department to conduct review. Resolved: That the Department of
Administrative and Financial Services, Bureau of the Budget,
referred to in this resolve as "the bureau," shall conduct a
review of unfunded state mandates pertaining to municipalities
and school systems that were enacted prior to November 23, 1992,
the effective date of the Constitution of Maine, Article 9,
Section 21, which limits the imposition of unfunded state
mandates. In conducting its review, the bureau shall:

 
1. Prepare a comprehensive listing of the state mandates
placed on municipalities, school administrative units, counties
and quasi-municipal entities that are considered by the affected
units of government to be deserving of analysis and review;

 
2. Identify for each listed mandate the precise legal origin
of the mandate, whether state law or regulation or a combination
of both, or any originating authority;

 
3. Identify the statewide local government costs of each
listed mandate within the limits of practicability; and

 
4. Identify the characteristics of each listed mandate that
cause the affected units of government to believe the mandate is
deserving of review. Identified characteristics may include, but
are not limited to, the following:

 
A. Archaic or unnecessary features or features lacking
significant public purpose;

 
B. Inadequate funding;


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